The Indian River County Board of County Commissioners on Feb. 11 approved a developers agreement with Riverfront Groves Inc. for a proposed 237-lot single-family and 147-unit townhome subdivision at 1375 90th Avenue in Vero Beach.

The measure, approved 4-1, assigns obligations for right-of-way dedication, turn-lane and utility improvements and requires the Harmony Isles developer to fund a traffic signal at the intersection identified in the traffic studies if certain build scenarios are realized. Commissioner Moss cast the lone dissenting vote.

The decision followed an extended public hearing and technical discussion about two overlapping development projects in the same area: Harmony Isles (the item before the board) and the larger Venetian Grove development. County staff and the applicant said the developer's agreement lays out responsibilities in two scenarios: if Venetian Grove builds and if it does not. Pete Sweeney, counsel for the applicant, described the paperwork as a way to apportion responsibility among multiple developers and said, "The idea behind this agreement is to make sure the county is not coming out a dollar on any of this. This is developers paying for development." (Pete Sweeney, attorney for the applicant.)

Commissioner Moss urged clarity on whether a traffic signal and other off-site mitigation would be required depending on sequencing of the developments. Moss noted the high cost of signals and pointed to traffic studies showing capacity concerns: "Who is responsible for the traffic light? I mean, the traffic lights, because I've been in discussion with staff about it, the cost is huge. It can run up to a million dollars for traffic lights, so it's not a small matter." (Commissioner Moss.)

The county's public works director, Adi Javed, told the board staff's review indicated Harmony Isles would be responsible for the signal as currently written: "My understanding is that Harmony Isles is responsible for putting the signal. But we will do the coordination and look a little bit more into this stuff, sir." (Adi Javed, Public Works Director.) Javed and staff also said they monitor developer agreements and perform required annual reviews so the county can revisit mitigation if circumstances change.

Traffic experts and the applicant pointed to two traffic studies attached to the agenda. One study for Harmony Isles estimated roughly 3,293 daily trips from that development; the Venetian Grove study estimated about 7,860 daily trips at full build; combined, commissioners observed, that would total roughly 11,153 daily trips. County staff and the applicant emphasized the agreement includes staged responsibilities: certain turn lanes and a flashing yellow-arrow left-turn configuration were described as possible mitigations if Venetian Grove does not proceed. If both projects build, the studies anticipate additional off-site improvements including signalization.

During the hearing, Sweeney said the developers and staff had met many times and that the agreement is unchanged since the first reading: "All of this is there not a single thing has changed from the first reading." (Pete Sweeney.) County staff noted the agreement term is seven years and that if circumstances change after expiration, the county could require updated traffic analysis and renegotiate terms.

After closing the public hearing the board took a recorded vote. The motion to approve was made by Commissioner Adams and seconded by the chair; it passed 4-1 with Commissioner Moss dissenting. The developer agreement requires specified improvements to be completed prior to issuance of certificates of completion, and it ties some obligations to whether the neighboring Venetian Grove development proceeds.