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Nk• <br />from a residential to multiple -family and commercial districts <br />has previously been approved on a first hearing by the County. <br />Zoning Commissioners of Indian River County, Florida. This change <br />in zoning, should it be granted by the County Commission of Indian <br />River County, Florida, would be an illegal change in zoning because said <br />change may be inconsistent with.the master plan and would be conditioned <br />on the fact that said change would fit in with the master plan when it <br />is eventually adopted. Therefore, this request would amount to <br />conditional zoning, which is improper. <br />(3) A zoning change granted to Sea Oaks development was con- <br />ditional in that a separate contract was agreed to by the applicant <br />in the event that his petition for change of zoning from a lower to <br />a higher density be granted and that said change of zoning as to Sea <br />Oaks property located in Vero Beach, Florida, on the east side of the <br />also <br />Indian River, constitutes conditional zoning and is/conditioned on <br />being consistent with the ultimate master plan to be adopted, and <br />is illegal and improper. <br />(4) The petitions for change of zoning by Lamesa, Inc., <br />Veromar and Dahlstrom (the Dahlstrom petition having been rror_�r_ed by <br />Lawrence D. Wilcox) were initially approved by the County zoni.g Board <br />under amended Section 27. Section 27 was amended under emergency con- <br />ditions without stating what emergency conditions existed, if any, and <br />also was in violation of Florida Statute 125.66. Therefore, said last <br />three (3) petitions named above are proceeding on a void provision of <br />the County Zoning Ordinances and there are other petitions pending or <br />to be filed which are presently unknown, but which will be ascertained <br />in the future by the plaintiffs and which would be processed under <br />Section 27, as amended,.which in fact in void. <br />(5) Property known as the Sea Oaks property which was changed <br />from a lower density to a higher density is till.in the same condition <br />as when the zoning change was granted. Present zoning laws of•Indian <br />Page Nine. <br />{ - 31 - <br />AUG �7 �acE37$ <br />2 2 1973 <br />