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Elm <br />800rK 830 <br />VISTA PROPERTIES LAWSUIT OVER DOWNZONING TO OCR <br />Assistant County Attorney Collins reviewed his memo: <br />TO: The Board of County Commissioners <br />FROM:Lx)6- William G. Collins If - Assistant County Attorney <br />DATE: May 2, 1989 <br />SUBJECT: Vista Properties Law Suit Over Down Zoning to OCR <br />On December 6, 1988 the Board of County Commissioners <br />rezoned approximately 101 acres of land in the vicinity of <br />U.S. 1 and Indian River Boulevard from CL to OCR. After a <br />public hearing on that date, the Board determined that the <br />OCR rezoning was in conformance with the Comprehensive Plan <br />which designated the property as a portion of the U.S. 1 <br />commercial corridor and that the rezoning would lessen <br />traffic impacts in an area where the adjacent street <br />intersection was operating at a Level of Service E during <br />peak season, peak hour (unstable traffic flow and delays); <br />and that the OCR zoning would be more compatible with <br />adjacent residential development in the existing CL zoning. <br />On January 5, 1989 the owner of the property, Vista <br />Properties of Vero Beach, Inc., sued the County and <br />requested that the Circuit Court declare the down zoning <br />unconstitutional. Vista alleges no reasonably viable, <br />economic use of the property and no foreseeable market for <br />such uses as are allowed in the OCR zone. <br />In order to properly defend the County, expert testimony. <br />must be presented in court as to this issue. Thus, 1 would <br />request that the Board authorize the retention of an <br />appraiser and/or marketing analyst to address the issue <br />raised by Vista, i.e., the economic viability and <br />foreseeable marketability for any of the OCR uses on the <br />property which is the subject of this suit. <br />Attorney Collins informed the Board that this will be coming <br />out of the Planning Department's budget, and they have no funds <br />for legal defense costs; so, they will have to come back with a <br />budget amendment from the MSTU contingency funds. <br />ON MOTION by Commissioner Scurlock, SECONDED by Com- <br />missioner Eggert, the Board unanimously (4-0) moved <br />staff recommendation and authorized the retention of <br />an appraiser and/or marketing analyst to address the <br />issue raised by Vista Properties as requested by staff. <br />42 <br />S <br />