TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
THROUGH: Jennifer W. Shuler, County Attorney
FROM: Susan J. Prado, Deputy County Attorney
DATE: October 2, 2025
SUBJECT: First Public Hearing - Proposed Developer’s Agreement Between Pulte Home Company, LLC and Indian River County for Emerson Oaks Subdivision
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BACKGROUND
This is the first of two public hearings required by Florida Statute Section 163.3225 for the approval of a proposed developer’s agreement. The second public hearing is scheduled for November 4, 2025.
Emerson Oaks is a proposed residential planned development consisting of 171 Single Family lots to be located at the southwest corner of 43rd Avenue SW and 13th Street SW. This project is proposed to be constructed in 3 phases. Phase 1A consists of the model home row (seven lots), the project entrance on 13th Street SW, and the adjacent stormwater pond. Phase 1B will include 70 lots, the amenity center, and infrastructure commensurate with this phase. Phase 2 will include 94 lots (the remainder of the residential development), the project entrance on 17th Street SW, and the necessary utilities needed to support the phase 2 homes.
Developer understands that as part of the development process they are to provide or pay for their fair share of the cost that the County would otherwise incur to accommodate the new growth as well as the provision for required improvements to accommodate their new proposed development. The required improvements and contributions for the proposed development are as follows:
Dedication of Right-of-way: The project will dedicate the following right-of-way:
1. 0.94 acres of right-of-way along the projects 13th Street SW frontage for future street realignment.
2. One hundred feet of right-of-way along the entire 17th Street SW frontage of the project.
3. Fifty feet of right-of-way along the entire 43rd Avenue SW frontage of the project.
Intersection/Turn Lane Improvements: The required traffic improvements will be provided by the developer:
1. Westbound left turn lane on 13th Street Southwest into the Project’s entrance, and
2. Southbound right turn lane on 43rd Avenue Southwest at 13th Street Southwest, and
3. Northbound left turn lane on 43rd Avenue Southwest at 13th Street Southwest, and
4. An eastbound left and right turn lane on 13th St SW at 43rd Ave during Phase 1B, and
5. Paving and drainage improvements on 17th Street Southwest along the Project site's entire frontage, and
6. Eastbound left and right turn lane on 17th Street Southwest at 43rd Avenue Southwest.
17th Street SW Bridge Contribution: The Developer shall contribute their fair share (3.7%) of funding to the future 17trh Street SW bridge crossing.
The Traffic Analysis is too voluminous to attach to this item; it is available for viewing upon request at the County Attorney’s Office.
ANALYSIS
N/A
BUDGETARY IMPACT
The cost of recording the Developers Agreement is estimated to be $171.50 and will be funded from the Planning and Development Services budget within the MSTU Fund/County Planning/Recording Fees account, number 00420515-034830. The cost of publication of the required public notice for the public hearing(s) is estimated to be $372.48. The cost will be funded from the Planning and Development Services budget within the MSTU Fund/County Planning/Legal Ads account, number 00420515-034910.
PREVIOUS BOARD ACTIONS
The Board approved the PD for Emerson Oaks on December 3, 2024.
POTENTIAL FUTURE BOARD ACTIONS
Second Public Hearing
STRATEGIC PLAN ALIGNMENT
N/A
OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
Recommended Action
Staff recommends the Board review the Proposed Developer’s Agreement, open the public hearing for comment, close the public hearing and make a motion to bring the Proposed Developer’s Agreement back to the Board for the required second public hearing on November 4, 2025.