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HomeMy WebLinkAbout11/21/1978I "-j TUESDAY, NOVEMBER 21, 1978 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN SPECIAL SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON TUESDAY, NOVEMBER 21, 1978, AT 9;00 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, .JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLARD W. .SIEBERT, JR.; AND R. DON DEESON. ALSO PRESENT WERE .JACK G. .JENNINGS, COUNTY ADMINISTRATOR; STAN REDICK, PLANNING DIRECTOR; AND VIRGINIA HARGREAVES, DEPUTY CLERK. BONDS WERE PRESENTED TO THE BOARD FOR WILLIAM C. WODTKE, .JR., AND PATRICK B. LYONS, AND ATTORNEY COLLINS STATED THAT THEY COMPLY WITH THE STATUTE. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE BONDS OF !'WILLIAM C. WODTKE, JRIJ AND PATRICK B. LYONS, WHICH ARE HEREBY MADE A PART OF THE MINUTES. NOV 211978 M+� I ITIS IMPORTANT THAT THIS [OND St EXECUTED AND QUALIFICATION PAPERS COMPLJMM WITHIN SIXTY DAIS AFTER ELECTION Bond STATE OF FLORIDA County of ian River -- • William C. Wodtke, Jr_µ_____ KNOW ALL MEN BY THESE PRESENTS, That We, _. aa prine1W. and U.S. Fidelity &_Guaranty_CojERgp 8a1timpr .�.MarY a d......- as sureties we held and firmly bound unto the Covernor of the State of Florida, and his successors in office, Two Thousand 2000.00 dollars ~---� hr the sum of..._ - __ ._._...... lawful money, for the payment whereof, well and truly to be made, we do bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this .._...13-t Clay of The condition of the above obligation is such, That whereas, the above bounden __•_ William g.2_ Wodtke.s,•„Jr s,„ _ _. _.. _ _. . _ „„ was, on the 7th. day of November, . 78 --S9unty�ommiseionert �?ndian River CountY.e,�..Florida__~_.Y A. D. 18._ ---, cicctccl the term of tour years beginning on the Tuesday two weeks following the day of the general election of ha hold a office for according to the Constitution and taws � 7 9.».%�....., and until his successor is qualified g held November ........�A.l).,1 State. William C Wodtke Jr „... ..... shall faithfully Now, therefore, if the said .. -•�-'- ' �” "a""""� " perform the duties of his said office, as provided. by law, then this obligation to be void, else to be and remain in full force and virtue. Sigrletl, sealed and delivered in pd resence of us: . ' PH ncilult .. . ............. .................. �.� ............... _... Wi..iliam....C.. _.Wodtke., ....r............_....... __ ....._ _...._�...5 ...._Fidelity...._.... qua;e�,ty_...Uo ......... s Surety Buck ._y am er ?4eAcy.r_.,..Inc : _..... ......T ....... .r.... -Attorney -gin -fact r The above bond is approved this day of . /_�-� �'n'-V _... _.__............ /!t' ..1�._ ....... _ ._ ......................I............. Chaimwn i the loa I ounty Commissinnen. .�,�/fit,• �„ G2 ~.........» The above bond is approved this _ _.._.. -�-- day of n dft-21A 1426.72 NOY 211978 County Commissioners. _---- Comptroller. ?V44':'.' 6 %{�5�.!-327 0 f IT IS IMPORTANT THAT THIS ®OND OE EXECUTED AND QUALIFICATION PAPER! CONPL rMU WITHIN SIXTY DAYS A}TER ELECTION Bond STATE OF FLORIDA County of Sndioa 2cve� KNOW ALL INIEN BY TIiESE PRESENTS, That Ne,' Pte'.. B. as principal, and._.. AU.& O&nena Sna, n. as sureties are held and firmly bound unto the/Governor of the State of Florida, and his successors in office. in the sum of —:�W??!!!-2a—�D lawful money. for the payment whereof, well and truly to be made, we do bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. r Sealed with our seals, and dated this 9&— -._ day of The condition of the above obligation is such, That whereas, the above bounden was, on the ..ZtA day of November, A. D. 19Z, elected to hold his office for the term of four years beginning on the Tuesday two weeks following the day of the general election held November ....7ti. A.D., 19..,78....... and until his successor is qualified according to the Constitution and laws of this State. Now, therefore, if the said PatAic B �S ? shall faithfully Iucrform the duties of his said office, as provided by law, then this obligation to be void, else to be and remain in full force and virtue. sip scaled and delivered in presence of us: ...._......... _. ) z�-� Prinripn ........... ...__.........._ Patrick B. Lyon _........GI./�uu,•Ka�Q/�,D�N'.G!'�'�'�sc_..................._... �u�t>�G.vu�rtd...S+.sa.._ .v.._B�-i�ze..�ig,encr� . .. ... ».. ........... ...... _. Surety The alxlve bond is approved this ..13th _ day of November q00U�u..,QU,4W4......I............ :............._. .,,,_, rk.io ,J drtlll,irrd ilf(141'114V Clunmieskmen. �• �l r'M� ��County (;OAUt11S51011erf. The above bolid is approved this day of 19—'— elcr-21 A 1425.72 NOV 211979 ...._......................__.. Comptroller. ' a nab 37 C .3 y CIRCUIT COURT .JUDGE CHARLES E. SMITH APPEARED, SPOKE BRIEFLY OUTLINING THE DUTIES AND POWERS OF COUNTY COMMISSIONERS, AND ADMINIS- TERED THE OATH OF OFFICE TO WILLIAM C. WODTKE, .JR., AND PATRICK B. LYONS, WHICH OATHS OF OFFICE ARE HEREBY MADE A PART OF THE MINUTES. i t 4 NOV 2x.1978 37 w-, U OATS OF OFFICE STATE OF FLORIDA COUNTY OF 110 SOLFAINLY MEW that 1 will support, protect and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Consti- tution of the State, and that I will well and faithfully perform the duties of on .which I am now about to enter, so help me God. Sworn to and subscribed before me this 1-3 day of Sign as you desire commission ' sued) "'� ' -. 19 7 � Lvilll�P+H C W cdfit'C dR �� Notary Alic or other individual authorized to administer oaths y� ,�-+ NOTARY PUBLIC, STATE �FS�LO JUVA AT .;L. �/ COtmtiSSion eJf�ireS MY co1.14A5SION SECRETARY OF STATE IM CAPITOL. TALLAHASSEE, FIARIM 32304 I accept t e office of ��' of the County of • The above is the oath of office taken by me. in addition to the above office 1 also hold the office of P6 tie (Named office or Nona) My postoffice•address is A) 13ox A/4e, 8r,tc FLOWA . i 10-4-78 (Sign as you desire camtissi issued) np 17 bt/J 1/1"�tM C tv ocb-'k 'Ta NOV 211978 rPkr aa11A J OATH OF OFFICE STATE OF FLORIDA Indian River COUN" OF I DO SOLEMNLY SWEAR- that I will support, protect and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Consti. tution of the State, and that I will well and faithfully perform the duties of County Commissioner of Indian River County, Florida - District 2 on which I am now about to enter. so help me God. Sworn to and subscribed before me this day of Sign desire COT as s ion issued) you y 19� Patrick B. Lyons 0 Notary public; er individual authorized to administer oathS( Hot" POWK..)tatx3 OI FiOrllt� t td:Q! My CaU„4sieo Expires Autch 28.1981 My Comaission expires .`... ,. ,.. ►.. g �....n. �«► SECRETARY OF STATE Tim CAPITOL, TALLWMEE, FIDRIDA 32304 I accept the office of County Commissioner - District 2 of the ' County of Indian River , The above is the oath of office taken by me. In addition to the above office I also hold the office of None (Nxsalsd office a Nave) My postoifice address is RrgaillIgh. ftggida 32960 FLORIDA 10-4-78 np 17 (Sign as you desire c 'ssion issued) Patrick B. Lyons NOV 197 AWK 7 N.a • !m COMMISSIONER Loy WELCOMED NEW MEMBER,PATRICK B. LYONS, TO THE COUNTY COMMISSION. ATTORNEY COLLINS SUGGESTED THAT TO KEEP THINGS VERY LEGAL, IT s ,t WOULD BE IN ORDER TO RE-ELECT COMMISSIONER WODTKE-TO SERVE AS CHAIRMAN. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER f SIEBERT, THE BOARD UNANIMOUSLY ELECTED WILLIAM C. WODTKE, JR., CHAIRMAN, TO CONTINUE TO SERVE UNTIL THE REGULAR REORGANIZATIONAL MEETING IN 4 JANUARY OF 1979. CHAIRMAN WODTKE CALLED THE MEETING TO ORDER. THE HOUR OF 9:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: Al i? NOV 2 11978 a 7 sma 37 c,h 1 1 1 t�+6pwlur�aMsfro:ray+!wn��l�'tt�r.�•R�.fxt�•!ay�ru�a�.ae��l� _ .._. .. r•�A•.»6.+..kr.w.e �.:. aa.eaAarleirwu6:.I .'. !777,-..TIMM-1711,i111, 1saiso•a hie a aRradxla.t. a.d►Arsss tgaas aa.ta 'raid w.�. PROPOSED ZONING LEGEND "Of wCN 9fq$-MVINAL N _ 111:: IIL:dNMO AIIfA :_ A AGRICULTURE •R -IE COUNTRY ESTATES lk3Rdr/ WeeUy rw.web$.1a.11mCedy,IfnNa uli•"�' ' eet✓an 1 er,w+unr wetaaelf�e f»•1.V- aa. `b. ria °,Ii.I.kkil"r'tro ••sat ta•try, d4: Ov ulufed lisp tl M4.Mr^Ral, MW t-wp.nra t, Leff " de Cp^ wo .m I.wrrr lr leper ���_ 10,09119'o P' - r e Rat /� w4 Vero buk F.ea• .,�6 s lath Ceiwlr, sn1 IM MAN w+n�eln" hnAio q A K+aW w tMn ager Caw.q, tb.Nl. oesftr Pd 0.m h.r IW Nikir,ht Pate en r.avera &xh,MrW 1nd.n Ri.rr Cary t tiePar •tx rnrem,r n e n,n wa1.e - al IN anrad soPr e1 .d+lr. r• ytv, pars 1.1 Ie Art m Ili. ord lar chin Pad =1.0, �a w fTM.N, 1.e+4 s.•wymn w nnM Ia t1e ginger d es dd,w• .,,,.,e.,.o,a„ <; a SIN d the District. C. The NW It of tne SN '., and the 1 A ..»... 3:°•\a, S _ 1 7 7r7 ;,:;:;: Rangell E: A a_ I ; J. ,,,r 3r i�•'. 7' :A u J ' efn of ueAfT1AN -�-- ---- _ A -R3-, 2;1E; R1 A 1- (NESS S -I PLANNED BUS R-2 MULTIPLE FAMILY C-1 COMMERCIAL R -b MULTIPLE DWELLING R -I SINGLE FAMILY R -RM TRANSIENT MOBILE R -RA SINGLE FAMILY NOME DISTRICT ---CITY LIMITS PREPARED SYI INDIAN RIVE R COUNTY PLANNING DEPARTMENT ! p07ue like withinTrecf{ Iso throw 1154 M aaidi NOTICE If NEREBT GIVEN that Me In. Thal part of Trcolf 1644, 1643 and 16% m lion River County Board of County Com. pensmare Farmy Subdivision in Trp. Ill.. flissionnf will bold a Public Nearing en Range37E lymgrith.^ SAO- South of me center, rulfday, November 11. If?$. al 1:07 o'clock line of S.R. 513: , Commission ROOM I t re ned from C•6 Commercial N A. N.M.I.m. to !rte C y Co s o o rte Bd w radion River County Courthouse, Vero Beach. Agrrcunural. ptori0a for Proposed comnq Changes on IM R. The East 6/C oftM NE'a of the BE la. and { bNowiny described properties, at whish time the S8 14 of Me NE is of Seaton 17, Twp. IIS. }. sarlitf in interest and Citizens shad nave ed Range JlE: 7pportunily lobe heard a7 follows.• Bt rezoned from R•1 Single Family District 1 efnrvie Cl" rnterm 4��NNp� :`°`: •.•2217:: 1 •777e:' air e1 rezoned from C•1. Commercial and A f '21the NE tat " , , S. A e, The Ne 1. at int NE •. of Section 27, Twp t ■ 1 ::Y J T;,Well 440. Of the SW Ia Of ibf See it Of Be resulted from C.I. Commercial 0"0 R•1 R1 S,ngle Family Onlr,ee N 11•1. ►lanae, .Hfi - - - The North $601 of the Ent e4/' of Section 34 pinq South of the center tine of $.R. 111 less reel T.P. Its. Range 3eE1 East 17:0' thereof:1. f The East 460' of the SE If of int SE v, of The East oto• of the Norm "Or I"If feu" kit t $Action 31, Twp, 31S.Range 319:the center line of 5.R. Sit of Sect'" 301 Trp. Rt -County 1 _ _ _ Tile property which hesw,ihu,"a. South and 11S, Range 1l E: East el lhR Cenitr tine di f. R, Ii7, lets the West .- afiwr err Iai6 iw.ipapr,. Owtlrlltba a7 a44�.944 ria • n J-2 _ ' eranMM • SiRtlarOrtf iWr Ca.trAlAllpl �. t 1 to 0 -I'll -if and C.T. Commercial to R•11 • A. The fovfb 160' of Section 10, TwR• flf, a SIN d the District. C. The NW It of tne SN '., and the 1 Ran9eJfE, less The East 1720.1 SW 'll -of the NW to of Section 16. Trp, 315. The Norlb$60' of Section so, Twp. 3IS,Ranel Rangell E: $lei - Ba retorted from C.I. Commercial and A. The South Bell of Section ll, Twp. 313, 811191 Agricutlurel to R•3. Mun,ple Dwelling District I $let D. The N N I. Of the NW 1. Of Section Be. Twp I The North BO' of Section 36, two. 21%, Renye 7tS, RangN4E: I 3lE, les/ the Norlb 610' of lht W 4c of the NE 4• e1 rezoned from C•1. Commercial and A f '21the NE tat . G ZONING The South 660' of Section 34, Twp. 311. Range e, The Ne 1. at int NE •. of Section 27, Twp t SIE. less the West 460: IIS, Range 73E: T;,Well 440. Of the SW Ia Of ibf See it Of Be resulted from C.I. Commercial 0"0 R•1 1 S,ngle Family Onlr,ee N 11•1. ►lanae, The North 160' of Seclion lb Two. IIS. Range 309; business District. F. The 643• of Sepff." 21.7.0.31L Range 31EI The North $601 of the Ent e4/' of Section 34 pinq South of the center tine of $.R. 111 less reel T.P. Its. Range 3eE1 East 17:0' thereof:1. f The East 460' of the SE If of int SE v, of The East oto• of the Norm "Or I"If feu" kit t $Action 31, Twp, 31S.Range 319:the center line of 5.R. Sit of Sect'" 301 Trp. Tile property which hesw,ihu,"a. South and 11S, Range 1l E: East el lhR Cenitr tine di f. R, Ii7, lets the West Be retan40 from C.I. Commfrcaal N R•t, 1770' and less 1"e fW 1e of the NE I.. And the Pwhich 1,01 w,ehm 41J' NOVA West s! and g11he center line of S.R. $12 All fame fn Section O. The W is Of the SN of Section n, T. 3If, Range 71E IvmO South and East M me �� tM1eI lmeOI S. R. 117: An Ilial Darr ul one BE 1. el the fE 1. ai I4. Twp 711. Ranee 71E. lying South and Eaft SeChon 12, Two. IIS. Range 31 F: 11mg South And wdMn NO'of int center tine of S. R. Stl: elthekenter tine of f.R•f17: 3 AB roar part el Section 3t. TMP• JIS. Range 96 retuned from C•I. Commercial and A.I Itfi ly„iq w^hi" 160' et the ee"', tine of S.R. 1111H1 ink kaf11710' ping fou" of the center Agncatlural 11 B 1, ptanred Bos,ress istrict, 1 fine of seal 1.R. {/2: N. Morning S•de Para SYbdms.an as retarded M Put Book 1. pave 91: and T"O,ca, V",., - ---MK '1 EfUtef Suthd.ennln as recorded In Put Baak 4,. 1r."q NOrrh Of the center line of I.R. Sit it �B� �tpR Ink Noris tee• 07 Ili• Eafl 1170• M $11Th 11, erg. IIS. Range 11E 1 .n South of she center the Center tine OI S.R. 113. a•d lege Idly e. 11111. r- 1 13 u loll $� ^Rr MEN■ 0 L�Lfl �. t 1 to 0 -I'll -if and C.T. Commercial to R•11 • A. The fovfb 160' of Section 10, TwR• flf, a SIN d the District. C. The NW It of tne SN '., and the 1 Ran9eJfE, less The East 1720.1 SW 'll -of the NW to of Section 16. Trp, 315. The Norlb$60' of Section so, Twp. 3IS,Ranel Rangell E: $lei - Ba retorted from C.I. Commercial and A. The South Bell of Section ll, Twp. 313, 811191 Agricutlurel to R•3. Mun,ple Dwelling District I $let D. The N N I. Of the NW 1. Of Section Be. Twp I The North BO' of Section 36, two. 21%, Renye 7tS, RangN4E: I 3lE, les/ the Norlb 610' of lht W 4c of the NE 4• e1 rezoned from C•1. Commercial and A f '21the NE tat Agricultural to 9.1, Planned B ulm"ll 0"Irid. The South 660' of Section 34, Twp. 311. Range e, The Ne 1. at int NE •. of Section 27, Twp t SIE. less the West 460: IIS, Range 73E: T;,Well 440. Of the SW Ia Of ibf See it Of Be resulted from C.I. Commercial 0"0 R•1 Section a, Twp. I]$. Range 27E: S,ngle Family Onlr,ee N 11•1. ►lanae, The North 160' of Seclion lb Two. IIS. Range 309; business District. F. The 643• of Sepff." 21.7.0.31L Range 31EI The North $601 of the Ent e4/' of Section 34 pinq South of the center tine of $.R. 111 less reel T.P. Its. Range 3eE1 East 17:0' thereof:1. f The East 460' of the SE If of int SE v, of The East oto• of the Norm "Or I"If feu" kit t $Action 31, Twp, 31S.Range 319:the center line of 5.R. Sit of Sect'" 301 Trp. Tile property which hesw,ihu,"a. South and 11S, Range 1l E: East el lhR Cenitr tine di f. R, Ii7, lets the West Be retan40 from C.I. Commfrcaal N R•t, 1770' and less 1"e fW 1e of the NE I.. And the Pwhich 1,01 w,ehm 41J' NOVA West Single Family District. 1e and g11he center line of S.R. $12 All fame fn Section O. The W is Of the SN of Section n, T. 3If, Range 71E IvmO South and East M me 71. Twp Its. Rang•3s9: The' Part Of the SE I. Of the SE I. of Stelion tM1eI lmeOI S. R. 117: An Ilial Darr ul one BE 1. el the fE 1. ai I4. Twp 711. Ranee 71E. lying South and Eaft SeChon 12, Two. IIS. Range 31 F: 11mg South And wdMn NO'of int center tine of S. R. Stl: elthekenter tine of f.R•f17: 3 AB roar part el Section 3t. TMP• JIS. Range 96 retuned from C•I. Commercial and A.I Itfi ly„iq w^hi" 160' et the ee"', tine of S.R. 1111H1 ink kaf11710' ping fou" of the center Agncatlural 11 B 1, ptanred Bos,ress istrict, 1 fine of seal 1.R. {/2: N. Morning S•de Para SYbdms.an as retarded M Put Book 1. pave 91: and T"O,ca, V",., - the 64T at Srchon 11. Two. 115. Range ME EfUtef Suthd.ennln as recorded In Put Baak 4,. 1r."q NOrrh Of the center line of I.R. Sit it pais! 0a Tess alit are) Ill." w11n-n 770• Sou," of Ink Noris tee• 07 Ili• Eafl 1170• M $11Th 11, erg. IIS. Range 11E 1 .n South of she center the Center tine OI S.R. 113. a•d lege Idly e. 11111. r- 1 13 w •re►• tine el S R. 517: ? g IS and 17 Bleck I, aha rte , . 7. 11. 4. 15. l6 A it•• ' ates Suit. The We11171s'of feclfon 20. ?.,a. VS. Range dt «ken Urt11 asrecordedin Pyl Beoe b04 I1E wn.tA IT w.lhi^ 6#0'#f the t.r.l•r IInQ OI of 1@Sf the arta Iyiwg w.\n.n 717' SOY'" 01 mf ' R S R. {t1: Ina the East QO' of fiction •t0. Two• center fine of S.R, SII. Ott PAIS referred to 115, Range IIE which hes with,$ the area NO' plats recorded ,n the public records of Indian •• Norris el the Coater fine of S.R. fit: River Courl% Florida: Be reached tram C.S. All that Dart et SKfio$ It, fr 911, pea tying wthtn dap• al n 4xmo Imo N err Commercial dna A•A9rlwltwal N p.l, fagN • Rua.., Family Diffract. Mr.-IFarah BR►=NCllmtyCemm6s/Mnenn. 9L Ra$gB 928, ry1�mgg witRla Sys wlnum4waane 3r-CAarRta.41 Aha cow 1aM M LR, f1L "No OA. lt,f7. /12L ,p• -19 . u i t • ' Jow .4 ww gala PROPOSED ZONING REZONNG AREA i jt,_,,,,,, i C1 ::.:::;:;.il sa s�z + A CITY OF ► f »••.. "'i"if CITY Of SEBASTIAN 4 t t.. ,,r ., .. 9... • '� t . A° 7-1 r---- "'— R 3 I Rel I R2 ,, A 38 4 MAP SHOWIKG�'r�151oA� AhGA kgm-oek2 - o � t\2 a• ,r m ATTORNEY COLLINS STATED THAT THE COUNTY HAS TAKEN GREAT PAINS TO INFORM THE PUBLIC AS TO THE PROCEDURE TODAY AND HAS ADVERTISED WITH A MAP SHOWING THE AREA INVOLVED AND LEGAL DESCRIPTIONS OF THE AREAS SUBJECT TO REZONING. THE ATTORNEY NOTED THAT WE WILL BE DEALING WITH A LARGE CORRIDOR OF PROPERTY, AND IN THAT CORRIDOR ARE ABOUT 300 INDIVIDUAL !e PROPERTY OWNERS, EACH OF WHOM HAVE RECEIVED A DIRECT MAILING NOTICE FROM THE CLERK AS REQUIRED BY LAW. HE STATED THAT HE HAS REVIEWED THE NOTICES AND FOUND THEM SUBSTANTIALLY ACCURATE. FOLLOWING IS THE SWORN STATEMENT ,s OF THE CLERK AS TO THE MAILING OF THE PROPER NOTICES, COPIES OF WHICH t NOTICES ARE ON FILE IN THE OFFICE OF THE CLERK. y, �I 0 I �I Ia .1 n t., �3 • 1 q 5 10 2 197 NOVob ; � Tm a • STATE OF FLORIDA COUNTY OF INDIAN RIVER 1, Freda Wright, Clerk of the Circuit Court of Indian River County, Florida, did on October 18, 1978, pursuant to direction of the Board of County .Commissioners of Indian River County, mail the attached notice, Exhibit A, to the persons listed at the address indicated reflecting proposed re -zoning of their property as set forth incomposite Exhibit B. Also enclosed with the notice the maps of the existing and proposed re -zoning of SR 512 and SR 510 and Oslo Road and 43rd Avenue, Exhibit C. In '.witness whereof I have hereunto set my hand and seal this lq-* day of October, 1978. FREDA 14RIGHT, CLER CIRCUIT COURT Sworn to and subscribed before -me this /,774ay of October, 1978 ,, ZA Nt ry Pub c My Commission expires: NNAW KKIC STATE OF FLORIDA AT LARGE' MY COMMISSION EXPIRES JULY 8 1982 K*= THRU G&MILI,L INS. UNDERWRITERS oba 37 PAx, 9 Wiath­ N. SIL,,LH'r JR; toww S. SCNMUCKEh R. DON DEESON JA1,K G JENNINGS. Administrator 2145 14th Avenue Vero Bench, Florida �32!++ October 1.3, 1978 „--Gilbert E. & flary E. Smith Rte. 1 BOX,102B Fellsmere, Fla. 32948 RE: Proposed rezoning of property on each side of State Road 510 and 512, Indian River County, Florida Dear Property Owner: In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning, as iditiated by the Indian River County Planning and Zoning Commission, so that the zoning will be more in keeping with the existing use and the Comprehensive Land Use Plan. The legal description of your property, which is under consideration, and maps of the existing zoning and rezoning, are attached for your information. A Public Heating in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Com;a,ission Room, in the'Indian River County Court- house, Vero Beach, Florida on November 21,. 1978 at 9:00 o'clock A.M. Sincerely, Freda Wright Clerk FW: of !.. Enclosures .'3 NOV 2 11978 j _4Y r 1 FEQ F. ami :ii0/11 S.:►; •• .. . �` R. DON UL' 1; JENNINGS. Administrator ".45 14th Avenue Vero fleado. • , ' o 0 s PROPERTY OWNER: Smith, Gilbert E. and Mary E. Route 1 Box 102 B . Eellsmere Fla. 32948 I LE 'DESCRI_PTION OF PROPERTY: SECTION 00, TWP. 31S, RANGE 37E 4` 0001-1639-001.0 River Count Fla. i All lying in Indian Y, Y 9 E FellsmereYFarms Co. Sub. Tracts 1639, 1640, 1641, 1642, 1643 lying North i of road be rezoned from C-1, Commercial to A-Agricultural. LEGAL DESCRIPTION OF PROPERTY: SECTION 00, TWP. 31S, RANGE 37E 0001-1544-0001.0 All lying in Indian River County, Fla. Y 9 r . 1554, Fellsmere Farms Co. Sub. The South 400' of Tracts 1551, 1552, 1553, and all of Tracts 1547, 1548, 1549, and 1550, less 100 ft. strip of land i P off E. side of said Tracts, the W. line of the strip being parallel to and 600 ft. from W. line of said Trs . and Trs. 1548 to 1554 inc. be'rezoned _ - tial to A-A ., from C 1 Commercial ricultural. 9 NOV 211978 PROPERTY OWNERS - NOTIFIED ZONING CHANGE ON S.R. 510 and S.R. 512 Ro-Ed Corp �'"k ` -eKieffer, Emma Irene Box 727 Rt. 4 Box 534 .0 o Vero Beach, Fla. 32960 Vero Beach Farms, Inc. f' Welch, Teresa E. ✓ P. 0. Box 727 PROPERTY OWNERS - NOTIFIED ZONING CHANGE ON S.R. 510 and S.R. 512 Ro-Ed Corp �'"k ` -eKieffer, Emma Irene Box 727 Rt. 4 Box 534 N. Miami, Fla. 33160 Vero Beach, Fla. 32960 Vero Beach Farms, Inc. f' Welch, Teresa E. ✓ P. 0. Box 727 Box 25 N. Miami, Fla. 33161 Wabasso, Fla. 32970 Coraci, Anthony A. Diamond D. Farms, Inc. 70 Blanchard Street Davis c/ o Jack L Oa Newark, N. J. 07105 -*O'Rt. 4 Box 515 Vero Beach, Fla. 32960 ✓ Gulf & Western Industries, Inc. Ridge e Road 111 High.,� Lynn Burrell P & Eudell , Stamford, Ct. 06905 - =Cf f. `Rt. 2 Box 445 Vero Beach, Fla. 32960 Indian River School Board P. 0. Box 2648 Ezell, Douglas Maurice & Sybil C. Vero Beach, Fla. 32960 P. 0. Box 829 Wabasso, Fla. 32970 smere Cemetery FC14 i Miami Gardens, Inc. e. Fellsmere, Fla: 32948 /P. 0. Box 610727,:.• Z L. Miami, Fla. 33161 Land Corp. of•Fla. ' c/o Anwelt Corp. ,Bacon, Earl W. One Oak Hill Road ✓ Box 536 Rt. 4 Fitchburg, Ma. 01420 Vero Beach, Fla. 32960 L. A. Davis Farms, Inc. Genza, Helen V. Rt. 2 Box 447 /Irene C. McKain Vero Beach, Fla. 32960 337 Greenbriar Drive Lake Park, Fla. 33403 Davis, Barbara Susan d Rt. 4 Box 532 d McKain, Floyd J., Jr. and Irene C. McKain Vero Beach, Fla. 32960 337 Greenbriar Dr. ' Lake Park, Fla. 33403 aalme, Edward B. and Marvel M. ' 1475 N.E. Fifth Avenue -Durham, Sr., -George A. & Helen.M. Boca Raton, Fla. 33432 246 18th Avenue Vero Beach, Fla. 32960 • Smith, Hugh L. and Anita M. /Rt. 1 Box 438 ,,.- Karns, Clarence H. & Wendeline M. ' Sebastian, Fla. 32958 305 Oak Grove St. Oil City, Pa. 16301 Ficsher, Henry Anthony 0. Box 68 Castine, Raymond J. &.Janet E. fe'P. y Sebastian, Fla. 32958 y/149 Brooks Rd. Athol, Ma. 01331 MacaspV Corp. Drawer 181alt Drawer 1819 Rubino, Bernard & Helen Winter Haven, Fla. 33880 d 149 Brooks Rd. Athol, Ma. 01331 /' Dorsett, Robert L. & Phyllis. L. Rt. 2 Box 439 Cullop, Thomas E: & Irene Vero Beach, Fla. 32960 c/o Herschel R Hazel A. Screws P. 0. Box 653 waha«�, Fia imn ®V 2 11978 78 A A AFI e CONTINUED: Pae 2 - PROPERTY OWNERS - ZONING CHANGE S.R. 510 and S.R. 512 Abrahamson, Dale G. & Joe Ann Kostant, Martin J. P. 0. Box 642 Vero Beach, Fla. 32960 2438 23rd St. Santa Monica, Ca. 90405 Castine, Raymond J. & Janet C. Martel, James L. & Cheryl L. Rubino, Bernard & Helene H. / Rt.4Vero BeBox 615 32960 149 Brooks Rd. Athol, Ma. 01331 Skillman, Roger M. Sprenger, Leonard M. /Box 2287 Delary Beach, Fla. 33444 P. 0. Box 726 Hollywood, Fla. 33020 rocko, Paul W. & Mi1dred Castine, Frank L. and Hazel C. A18 ttle Fle Court J. 07424 ./ 330 N. Orange Rd. Athol, Ma. 01331 tein, Etta Castine, Raymond J. (et al) 330 N. Orange Rd. 102 Tasman Huntington Beach, Ca. 92649 Athol, Ma. 01331 Hamrick, Fred 0. & Virginia McDonald, Robert & Eva L. / 7005S.e.Pi16th Fia. Chase Rd. 33023 J Athol, Ma. 01331 Angelo, Nicholas & John Don Wright, Richard 1814 Haring St. 608 Merton St. Brooklyn, Ni Y. 11229 J Toronto, Ont., Canada M4S1B3 Graves Brothers Co. Muldoon, Anna Marie /P 0. Box 277 L J400 Vale Avenue Wabasso, Flay. 32970 Pittsburgh, Pa. 15239 • Harms, Mrs. J. A. Cronin, James A. and ISusan Donahue Gibbons Box 343. • Wabasso, Fla. 32970 5 Sunset Dr. Smithfield, R. I. 02917Dancy, Frances L. & Clara V. r 312 N. 22nd Street James F. & Cecelia E. Ft. Pierce, Fla. 33450 JLibretto, 1311 Turner Ave. Wanamassa, N. J. Ryall, Margaret A. J( Route 1 Box 422A Hines, William Eugene Sebastian, Fla. • 32958. 294 N.E. 45th Court Pompano Beach, Fla. 33060 Beaty, Donald S. and Jean'Ann- J� Route 3 Box 2740 Craig, Elizabeth & Ludie Forsyth Okeechobee, Fla. 33472 ' P. 0. Box 4694 Ft. Lauderdale, Fla..' 33304 Jones, Harry and Pauline J P. 0. Box 483 / Franko, Michael *& Mary Wabasso, Fla. 32970 J 108 Barnsdale Rd.Blanche Clifton, N. J. 01011.* j Wilcox, W. P. 0. Box 712 Wabasso, Fla. 32970 NOV 211978 a rg-;E MMI • t fi • .r • - a CONTINUED• Page 3 - PROPERTY OWNERS - ZONING CHANGE S.R. 510 and S.R. 512_ -- s Cummings, H. B.• and Esther P. . 935 E. Causeway ri Vero Beach, Fla. 32960 is .a f� Stough, Roy F. (Dec._ f c/o Nellie Stough Box 88 Wabasso, Fla. 32970 Stough, James R: II Box 507 Wabasso, Fla. 32970 Miller Ruth S. { Box 434 Wabasso, Fla. 32970 Ryall Groves, Inc. P. 0. Box 95• Wabasso, Fla. 32970 Ryall, Helen a, Box 87 Wabasso, Fla. 32970 Schlitt, Mary L. (et al) j Route 3 Box 362 Vero Beach, Fla. 32960 Baron, Howard x 2303 Bendelow Tr. r Tampa, Fla. 33609 Criss, Nathaniel G. and Rosalie K. Route 4 Box 669 Vero Beach, Fla. 32960 Diamond D. Farms, Inc. c/o Jack L. Davis Route 4 Box 515 Vero Beach, -Fla. 32960 Jones, Marvin E. and Minnie B. Box 254 Wabasso, Fla. 32970 NOV 2 11978. 0 0 PROPERTY OWNERS - NOTIF_IED ZONING CHANGE ON S.R. 510 AND S.R. 512 Smith,•Gilbert E. and Mary E. Accrino, Joseph Route 1 Box 102 B 5061 Oakland Park Blvd. Fellsmere, Fla. 32948 Apt. F-114 Ft. Lauderdale, Fla. 33313 Tropical Village Estates, Inc. P. 0. Box 446 Arnold, Avis Herndon Ft. Madison, IA 52627 P. 0. Box 5 Fellsmere, Fla. 32948 Herndon, Elven and Elsie Route 3 Chicoine, George and Jeanne Fellsmere, Fla. 32948 444 S.W. 2nd Court Pompano Beach, Fla. 33060 Weaver, Charlotte Route 1, Box 114 Lewis, Ray W. Fellsmere, Fla. 32948 P. 0. Box 2222 Vero Beach, Fla. 32960 Gore, James C. and Florence B. Route 1 Box 113 Gaddis, Allen R. and Lillian F. Fellsmere, Fla. 32948 Route 1 Box 14A Fellsmere, Fla. 32948 Gore, Lonnie J. and Marlene Route 1 Box 112C Fabrizio, Domenick and Teresa Fellsmere, Fla. 32948 42 Joan Abe. Centereach, N. Y. 11720 Riccobond, John and Muriel Route 2 Ora Nettle Island Yates, Ernest J. and Lorene A. Jensen Beach, Fla. 33457 Box 162 Fellsmere, Fla. 32948 Funderburk, Lela oute 9 Box 642 Grafke, Leonard W. Monroe, N. C. 28110 5745 Kroncke Drive Madison, WI 53711 Tropical Village Estates, Inc. P. 0. Box 446 Porter, C. J. and Helen Ft. Madison, IA 52627 P. 0. Box 1955 Vero Beach, Fla. 32960 Boucher, Louis and Mary 123 Jackson Ave. Svendsen, Ernest B. Winchester, Va. 22601 27 Lucy St. Woodbridge, Ct. Boucher, John Joseph P. 0. Box 6073 Larocque, Emilien and Esabelle Tamuning, Guam 96911 14th Avenue Lac Lapierre St. Lin L. Assomption Boucher, Louis and Mary Montreal, Canada. Jorico 123 Jackson Avenue Winchester, Va. 22601 Perreault, Dennis and Michelle 7861 Rue Principale Bomhard, Jr., Arthur and Marjorie G. St. Theodou DeChertsey North Road- Cte. Montcalm Quebec, Canada Woodbury, CT 06798 Connell, Margaret Dagaetano, John Box 285 8 Charles Court Fellsmere, Fla. 32948 Lake Ronkonkoma, N. Y. 11779 NOV 211978 CONTINUED: Page. -2- PROPERTY OWNERS - NOTIFIED ZONING CHANGE ON S.R. 510 AND S.R.512 Dahlmeyer, Fred D. and Marjorie A. Pominville, Georges 1 Frisco Dr. P. 0. Box 394 E. Haven, Ct. 06512 Fellsmere, Fla. 32948 Feltz, Warren and Eleanor McManus, Frank G. and Evelyn P. Box 233 15 Smiths Lane Fellsmere, Fla. 32948 Commack, N. Y. Morales, Jose D. and Josephine R. Thomson, Jessye T. Mitchell Rt. I Box 58 22928 Alexandrine Fellsmere, Fla. 32948 Dearborn, MI 48124 Burton, Robbie L. Riggs, Howard and Edna 1326 N. Krome Avenue Rt. 1 Box 110C Homestead, Fla. 33030 Fellsmere, Fla. 32948 Chandler, Augusta G. Austine, William L. and Anna T. 6430 Peachtree Dunwoody Rd. N.E. 605 S.W. 8th Avenue Atlanta, Ga. 30.328 Hallandale, Fla. 33009 Bomhard, Arthur M., Sr., & Erika First Citrus Bank of I.R.C..(Tr.) Route *1 Box 111 P. 0. Box 1269 Fellsmere, Fla. 32948 Vero Beach, Fla. 32960 Newman, Philip and Sadie Nutt, Gordon S. (Tr.) 42 Joan Avenue P. 0. Box 1105 Centereach LI, N. Y. 11720 Altamonte Springs, Fla. 32701. Newman, Sadie and Elliott Roe -ed Corporation 42 Joan Ave. P. 0. Box 610727 Centereach LI, N.Y. 11720 N. Miami, Fla. 33161 Weaver, Warren H. and Dorothy Platt, Carson & Willie Mae 1 Marriner Avenue Route 1 Box 42 Albany, N. Y. 12205 Fellsmere, Fla. 32948 Schuler, Laura Jean Gulf & Western Industries 1441 S.W. 38th Avenue 111 High Ridge Road Ft. Lauderdale, Fla. 33312 Stamford, Ct.. 06905 Bissonnette, Hector Platt. Carson and Willie Mae 4640 Bellechasse Route 1 Box 42 Montreal, Quebec Canada Fellsmere, Fla. 32948 MAlsbury, Albert & Mary Lou H. 275 Classon Ave. Realty Corp. and 2991 S.W. 21st Court D.S.C. of Newark, Inc. Ft. Lauderdale, Fla. 33312 70 Blanchard Street Newark, N. J. 07105 Manning, Donald L. and Cortney 4002 Normanwood Drive Weissman, Bertha Orchard Lake, MI 48033 401 Ocean Drive Apt. 408. Miami Beach, Fla. 33139 Fontana Joseph and Ann 947 E. 94th Street Brooklyn, N. Y. 11236 NOV 211978 T I CONTINUED: Page -3 PROPERTY OWNERS* - NOTIFIED ZONING CHANGE S.R.510 and S.R.512 Shapiro, William and Ethel 651 Vanderbilt St. Apt. 4-P Brooklyn, N. Y. 11218 Broner, Rhonda 570 N.W. 190th Street Miami, Fla. 33169 NOV 211978 ' L 7 A OIJ K PROPERTY OWNERS - 43rd AVE. REZONING STUDY OSLO ROAD TO SOUTH COUNTY LINE Durrett, Forrest M. CW 606 5th Avenue W. Springfield, TN 37172 Graves, Jr., W. C. & Audrey Box 517 Vero Beach, Fla. 32960 Shulock, Michael F. & Ellen F. 2966 59th Avenue Vero Beach, Fla. 32960 Tripson, John R. & Charles R. Sexton P. 0. Drawer 1208 Vero Beach, Fla. 32960 Bishop, Robert C. 4701 N. Federal Hwy. Suite C-10 Ft. Lauderdale, Florida 33308 Graves, Jr., W. C. & Audrey P. 0. Box 517 Vero Beach, Fla. 32960 Graves, Jr. , W. C. & Audrey P. 0. Box 517 Vero Beach, Florida 32960 Sexton, Charles R. P. 0. Drawer 1208 Vero Beach, Florida 32960 Troiano, Michael & Mary Ann 5801 S. W. 44th Terrace Miami, Florida 33155, Graves, Jr., W. C. & Audrey Box 517 Vero Beach, Fla. 32960 Moody, Troy & Margaret Box H Vero Beach, Fla. 32960 Schawelson, Robert & Sandra I./Ulrkl- 2 Horse Hill Road Brookville Glen Head, N. Y. 11545 Jo Bar Farms, Inc. Box 788 Vero Beach, Fla. 32960 Mae= aus 37 rniA-".11'1' NOV 2 1197bfi - PROPERTY OWNERS - OSLO ROAD REZONING STUDY - 122nd AVENUE TO 43rd AVENUE Withers & Harshman, Inca Cook;. Jr., R. H. P. 0. Box 1299 710 Riomar Dr. Sebring, Fla. 33870 Vero Beach, Fla. 32960 Aqua_Linda Corp. Barnes, Thomas Marshall (et al) Att.: Mr. Walter Thayer P. 0. Box 846 Grove 11 110`West 52st Street Vero Beach, Fla. 32960 Room 4600 New York, N. Y. 10020 Durrett, Forrest M. 606 5th Avenue W. Cocoa Cola Co. Springfield, Tn. 37172 Attention: Tax Dept. P. 0. Box 247 Helseth, Phillip R., Jr. and Karen and Auburndale, Fla. 33823 Philip R. and Patsy E. Helseth Box 53 R. W. Graves, Inc. Vero Beach, Fla. 32960 P. 0. Box 1172 Vero Beach, Fla. 32960 Quade, Vincent F. P. 0. Box 547 Houck, Philip H. (TR) Vero Beach, Fla. 32960 P. 0. Box 3569 Beach Station Vero Beach, Fla. 32960 Packers of Indian River, Inc. Box 2468 Keene, R. Bruce & Barbara J. (et al) Vero Beach, Fla. 32960 856 Lake Howell Rd. Maitland, Fla: 32751 Nolte, David C. P. 0. Box 3521 Cardinal Groves, Inc.- Vero Beach, Fla. 32960 P. O. Box 365 Greenville, Ky. 42345 O'Rouke, Joseph E. and Judith T. Rt. 1 Box 65R Morris, L. Allen, Trustee Vero Beach, Fla. 32960 KAI Properties 1000 Brickell Bldg. 12th Floor S.T.B. Corp. Miami, Fla. 33131 c/o Walter S. Buckingham P. 0. Drawer 1208 Moore, W. Wallace, Jr. Vero.Beach, Fla. 32960 3408 Wisconsin Ave., N.W. Washington, D. C. 20016 Blue Goose Growers, Inc. . P. 0. Box 589 Newman, Robert W. (et al) Fullerton, Ca. 92632 Time & Life Bldg. Room 4016 Center Lykes Pasco Packing Co. .Rockefeller New York, N. Y. 10020 P. 0. Box 97 Dade. City, Florida 33535 Knight, C. Reed, Jr. and Jan R. 1306 29th Street Gracewood, Inca (et al) Vero Beach, Fla. 32960 P. 0. Box 370 Vero Beach, Fla. 32960 He Jr., Phillip R. & Karen E. and Philip R. and Patsy E. Helseth Knight, C. Reed and John R. and Box 53 Jean L. Gould Vero Beach, Fla. 32960 P. 0. Box 6310 Vero Beach, Fla. 32960 NOV 2 1197bfi - PROPERTY OWNERS: PAGE -2- Miller, Howard L. and Gladys Beatty 105 Cedarwood Park Aiken, S. C. 29801 Prince, Philip H. Celeste Orr 1052 Otis Blvd. Spartanburg, S. C. 29302 Banyan Groves, Inc. Rt. I Box 257 Vero Beach, Fla. 32960 I NOV 2 11978 aurj 7 t NOV 2 11978 aurj 7 I co r— Cil C= I 44 fJ co C%a e y t PLANNING DIRECTOR REDICK CAME BEFORE THE BOARD TO MAKE THE PRESENTATION AND INFORMED THOSE PRESENT THAT THERE ARE ONE OR TWO SITUATIONS WHERE HE WILL MAKE AN ADDITIONAL COMMENT, AND THAT IS WHERE THERE HAVE BEEN ACTIONS TAKEN SUBSEQUENT.TO THE NOTICES THAT WILL HAVE AN AFFECT ON THE REZONING PROPOSED. HE REFERRED TO THE MAP DISPLAYED AND STATED THAT THE FIRST AREAS TO BE DISCUSSED WILL BE HO. 1 AND No. 2 LOCATED SOUT14 OF SR 512 JUST EAST OF THE CITY LIMITS OF FELLSMERE. BASICALLY IT IS THE AREA OF MORNINGSIDE PARK SUBDIVISION AND TROPICAL VILLAGE ESTATES. THE EXISTING ZONING SITUATION IS BASICALLY COMMERCIAL FOR 660' SOUTH OF THE CENTER LINE OF THE HIGH.VAY. THE PROPOSAL IS THAT THE NORTH 270' OF THIS AREA REMAIN IN THE COMMERCIAL ZONING AND THAT THE BALANCE OF THE*AREA SOUTH OF THAT, RUNNING APPROXIMATELY 1100' DEEP, BE REZONED TO R-1 SINGLE FAMILY RESIDENTIAL. THE REASON FOR THE RECOMMENDATION OF THE PLANNING & ZONING BOARD IS THAT THIS IS A MIXED AREA OF DEVELOPMENT AT THE PRESENT TIME. IT IS ALSO SUBDIVIDED PROPERTY. THUS THE FRONT 270' OF THE SUBDIVISION WOULD REMAIN COMMERCIAL, AND THE BALANCE OF THE EXISTING COMMERCIAL WOULD BE CHANGED TO R-1, AND THE R-1 EXTENDED TO THE SOUTH TO INCLUDE ALL OF TROPICAL VILLAGE ESTATES AND MORNINGSIDE PARK SUBDIVISION. ASSISTANT PLANNER BERG DISPLAYED A MAP SHOWING THE EXISTING ZONING, AND MR. REDICK DISPLAYED A MAP SHOWING THE PROPOSED REZONING, WHICH IS IN COMPLIANCE WITH THE MASTER PLAN IN THIS PARTICULAR SECTION. THE CHAIRMAN ASKED IF ANYONE WISHED TO BE HEARD. ARTHUR DOM INFORMED THE BOARD THAT HE OWNS SEVEN LOTS IN BLOCK 3 RIGHT OUTSIDE THE CITY LIMITS OF FELLSMERE, THREE LOTS FACING ON 512 WITH FOUR LOTS IN THE REAR. HE FELT THE 270' MEASUREMENT WOULD BREAK UP HIS LOTS IN THE REAR. ATTORNEY COLONS INQUIRED WHAT LOTS MR. DOM OWNS IN BLOCK 3, AND HE STATED THAT HE OWNS LOTS 1, 2, 3,. 4, 5, 6 AND 7. THE ATTORNEY INFORMED HIM THAT THOSE LOTS ARE TO REMAIN COMMERCIAL AND WILL NOT BE CHANGED. MR. DOM THEN ASKED IF THE FIGURE OF 270'.WOULD BE FROM THE MIDDLE OF THE STATE ROAD, AND PLANNER REDICK STATED THAT THE ZONING IS FROM THE CENTER LINE, BUT MR. DOM'S PROPERTY WOULD REMAIN COMMERCIAL IN ANY EVENT. Q. • M. CHAIRMAN WODTKE INFORMED MR. DOM THAT THE MOTION WILL INCOR- PORATE A LEGAL DESCRIPTION, AND THE ATTORNEY NOTED THAT MR. DOMES LOTS WOULD BE EXCLUDED FROM THE MOTION BECAUSE THEY WILL NOT BE CHANGED. ANN AUSTIN STATED THAT SHE OWNS 18 LOTS IN TROPICAL VILLAGE ESTATES - FOUR LOTS IN BLOCK IS AND THE WHOLE OF BLOCK 19. SHE NOTED THAT AT PRESENT, EIGHT OF THESE LOTS ARE COMMERCIAL AND ASKED IF THE FOUR LOTS IN THE BACK OF 19 WILL REMAIN COMMERCIAL. ATTORNEY COLLINS STATED THAT BLOCK 19 WILL BE CHANGED TO RESIDENTIAL, AND THE FOUR REAR LOTS OF BLOCK 18 WILL BE CHANGED TO RESIDENTIAL. MRS. AUSTIN NOTED THAT THEY HAVE A DUMP OUT THERE NOW, AND HER NOTICE STATED THEY ARE ZONED UNDER AGRICULTURAL BUT THEY.WANT TO CHANGE IT TO RESIDENTIAL. SHE COULD NOT VISUALIZE ANYONE WANTING TO COME IN BY A DUMP, AND FELT THIS SHOULD REMAIN AGRICULTURAL. PLANNING DIRECTOR REDICK FELT IT MIGHT BE WORTH EXPLAINING TO THE PEOPLE HERE THAT IN A COMMERCIAL DISTRICT, YOU CANNOT BUILD A RESIDENCE AT THE.PRESENT TIME. THIS IS A SUBDIVIDED AREA; HENCE WE HAVE SUBDIVISION LOTS THAT COULD NOT BE BUILT ON UNDER THE COMMERCIAL ZONING. IN AGRICULTURAL ZONING YOU MUST HAVE FIVE ACRES OF GROUND TO BUILD ON, MUCH OF THE CHANGE PROPOSED HERE AND IN OTHER.AREAS IS SO THAT THE LAND CAN BE USED FOR RESIDENTIAL THAT CANNOT BE AT THE PRESENT TIME. THE CHAIRMAN ASKED IF ANYONE ELSE WISHED TO SPEAK ON THIS AREA. .MR. DOM STATED THAT SOMETHING SHOULD BE DONE ABOUT THE DUMP AND A PENALTY SET FOR PEOPLE WHO LET TRASH FLY ALL OVER OTHERS PROPERTY. ATTORNEY COLLINS DIRECTED THE COMMISSIONERS TO THE NOTICE ON THE WABASSO ROAD REZONING AND NOTED THAT ITEM H IS THE PROPERTY JUST DISCUSSED. HE REQUESTED THAT THE MOTION INCLUDE AN ACTUAL READING OF THE LEGAL DESCRIPTION AND THE CHANGE AND THE REASONS FOR IT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMI.SSIONER LYONS, THE BOARD UNANIMOUSLY AGREED THAT MORNINGSIDE PARK SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 93; AND TROPICAL VILLAGE ESTATES SUB- DIVISION AS RECORDED IN PLAT BOOK 4, PAGE 941 LESS THE AREA LYING WITHIN 270' SOUTH OF THE CENTER LINE OF S.R. 512, AND LESS LOTS 91 11, 13, 15 AND 17, BLOCK 21 AND LOTS 8, 101 121 131 14, 15, 161 BLOCK 3; AND 26 sca / � -GE TA . TROPICAL VILLAGE ESTATES SUBDIVISION UNIT 2 AS RECORDED IN PLAT BOOK 5, PAGE 65, LESS THE AREA LYING WITHIN 270' SOUTH OF THE CENTER LINE OF S.R. 512, ALL PLATS REFERRED TO BEING PLATS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA: BE REZONED FROM C-1 COMMERCIAL AND A -AGRICULTURAL TO R-1, SINGLE FAMILY DISTRICT, IN ORDER TO BRING THE LAND MORE IN COMPLIANCE WITH EXISTING USE. (AREA #2) NOS. 3 AND 4 - SOUTH AND NORTH OF STATE ROAD 512, 1700' FROM THE INTERSECTION WITH 1-95. PLANNING DIRECTOR REDICK STATED THAT THE PLANNING & ZONING COMMITTEE IN ITS EVALUATION DETERMINED THAT THE TOTAL AMOUNT OF COMMERCIAL AREA WITHIN THE COUNTY IS FAR IN EXCESS OF THAT WHICH CONC IVABLY CAN BE UTILIZED IN THE FORESEEABLE FUTURE. THEREFORE, AS A PA T OF REDUCTION OF THE TOTAL AMOUNT OF THIS COMMERCIAL AREA AND, BECAUSE IT HAS NO SPECIAL ATTRIBUTES MAKING IT PARTICULARLY GOOD FOR COMMERCIAL, THEY WOULD RECOMMEND REZONING TO AGRICULTURAL FOR A DISTANCE OF 660' FROM EITHER SIDE OF THE CENTER LINE. HE NOTED THAT IN THE FASTER PLAN THE LAND IS ALL LISTED AS AGRICULTURAL. THE PRESENT USE OF THE LAND -IS VACANT OR AGRICULTURAL, AND THE PLANNING DIRECTOR DID NOT BELIEVE THERE ARE ANY RESIDENCES IN THE ENTIRE AREA AND CERTAINLY NO COMMERCIAL ESTABLISHMENTS. THE CHAIRMAN ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE HEARD. EDMUND ANSIN INFORMED THE BOARD THAT HE OWNS A BLOCK OF PROPERTY THAT INCLUDES THE AREA DESCRIBED AS N0. 4 ON THE SOUTH SIDE OF 512 AND EXTENDS OVER TO THE WEST SIDE OF S.R. 510. HE' STATED THAT HE ESSENTIALLY SUPPORTS THE PROPOSAL TO ELIMINATE THE STRIP ZONING ON 512 AND 510 AND, CONSEQUENTLY, IS IN FAVOR OF THIS PARTICULAR MATTER, BUT WOULD LIKE, AT THE APPROPRIATE TIME, TO ADDRESS HIMSELF TO THEIR PROPERTY AS A WHOLE, PRIMARILY AT THE INTERSECTION OF 510 AND 512. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AGREED THAT ALL THAT PART OF SECTION 19, TWP, 31S, RANGE 38E LYING WITHIN 660' OF THE CENTER LINE OF S.R. 512; AND ALL THAT PART OF FELLSMERE FARMS, SUBDIVISION IN TWP. 31S, RANGE 37E, LYING WITHIN 660' NORTH OF THE CENTER LINE -OF S.R. 512, WHICH LIES WITHIN TRACTS 1547 THROUGH 1554 OF SAID SUBDIVISION; mFA 0 L� M AND THAT PART OF TRACTS 1644, 1645 AND 1646 IN FELLSMERE FARMS SUBDIVISION IN TWP. 31S, RANGE 37E LYING WITHIN 660' SOUTH OF THE CENTER LINE OF S.R. 512; AND THE 'TEST 1275' OF SECTION 20, TWP. 31S, RANGE 38E, WHICH LIES WITHIN 660' OF THE CENTER LINE OF S.R. 512; AND THE EAST 610' OF SECTION 20, TWP. 31S, RANGE 38E, WHICH LIES WITHIN THE AREA 660' NORTH OF THE CENTER LINE OF S.R. 512, BE REZONED FROM C-1 COMMERCIAL TO A -AGRICULTURAL BECAUSE OF THE LARGE AMOUNT OF TOTAL ACREAGE IN EXISTENCE IN COMMERCIAL IN THE COUNTY, WHICH .IS MORE THAN COULD BE UTILIZED IN']THE FORESEEABLE FUTURE. .(AREA 4) MOS. 6 AND 7 - THIS IS ON BOTH THE NORTH AND SOUTH SIDES OF 512 FOR A DISTANCE OF 660' FROM THE CENTER LINE AND STRETCHES FROM A POINT 1700' EAST OF THE CENTER LINE OF 1-95 OVER TO THE EXTENSION OF 510 ON THE NORTH SIDE, AND ON THE SOUTH SIDE TO A POINT 1320' WEST OF 510. PLANNING DIRECTOR REDICK STATED THAT THE PLANNING & ZONING BOARD EXAMINED THIS AREA AND FOUND, ALTHOUGH IT WAS ZONED C-1, IT WAS LARGELY UNDEVELOPED, THEY FELT THIS PROPERTY WAS NOT NECESSARY FOR FUTURE DEVELOPMENT AND RECOMMENDED THAT 660' ON THE NORTH SIDE OF THE CENTER LINE OF 512 FROM 1700' EAST OF THE CENTER LINE OF.1-95 BE REZONED FROM C-1 To A, AND FROM 1700' EAST ON.THE SOUTH SIDE OF THE CENTER LINE OF THE INTERSTATE TO THE EDGE OF VERO LAKE ESTATES, IT BE REZONED FROM C-1 TO R-1. MR. REDICK CONTINUED THAT SUBSEQUENT TO THE ACTION OF THE PLANNING & ZONING BOARD, A BUILDING PERMIT HAS BEEN ISSUED IN THE AREA NORTH OF 5121 WHICH DOES PROVIDE A VESTED RIGHT FOR ONE INDIVIDUAL, WHICH SHOULD .BE CONSIDERED. CHAIRMAN WODTKE NOTED THAT THE SCHOOL IS ON THE NORTH SIDE OF 512 IN THIS AREA, AND COMMISSIONER SIEBERT ASKED WHY THE SCHOOL WASN'T PUT IN PUBLIC OR SEMI PUBLIC -ZONING. MR. REDICK STATED THIS IS ZONING AND NOT IN THE MASTER PLAN. MOST OF THE SCHOOL IS ALREADY IN AN AGRICULTURAL ZONE. HE NOTED THAT THE'ENTIRE NORTH SIDE WOULD BE FROM C-1 TO A; THE ENTIRE AREA'ON THE SOUTH THROUGH VERO LAKES WOULD BE R-1; AND THE REMAINDER TO A. CHAIRMAN WODTKE EXPRESSED CONCERN ABOUT THE INTERSECTION AS A WHOLE. C '( 7 ci. e ATTORNEY COLLINS STATED THAT HE WOULD PREFER TO STICK TO THE LEGAL DESCRIPTION IN THE NOTICE, BUT IF THE BOARD WISHES TO ADDRESS IT DIFFERENTLY, THAT CAN BE DONE. CHAIRMAN WODTKE ASKED IF ANYONE PRESENT WISHED TO SPEAK IN REGARD TO AREA 4, WHICH COMBINES NOS. 6 AND 7. ROY COWLE SPOKE ON BEHALF OF ROLAND MILLER, WHO OWNS A PARCEL CONSISTING OF APPROXIMATELY 4 ACRES AT THE NORTHWEST CORNER OF THE INTERSECTION OF 512 AND 510 THAT IS PRESENTLY ZONED COMMERCIAL. HE NOTED THERE IS A BUILDING UNDER CONSTRUCTION FOR WHICH ALL APPROPRIATE SITE PLAN APPROVALS, BUILDING PERMITS, ETC., WERE RECEIVED, AND IT IS APPROXIMATELY 75-80% COMPLETE AT THIS TIME. IN RECOGNITION OF,THIS FACT, MR. COWLE REQUESTED THAT THE BOARD LEAVE THE FOUR ACRE PARCEL -ZONED AS IT IS PRESENTLY ZONED. CHAIRMAN WODTKE FELT BASICALLY THE INTERSECTION SHOULD BE COMMERCIAL AND POSSIBLY SOME OF THE AREA IN NOS. 10 AND 12 ON THE MAP (ALSO CALLED AREA 6) SHOULD BE ELIMINATED. (THIS IS PROPERTY ON 510 SOUTH OF THE INTERSECTION.) HE CONTINUED THAT HE IS CONCERNED ABOUT VOTING ON AREA 4 .(NOS. 6 AND 7 ON THE MAP) AND WHAT WILL OCCUR IN AREA 6. COMMISSIONER LYONS ASKED IF IT WOULD BE POSSIBLE TO CONTINUE THE HEARING ON AREA 5 AND THEN COME BACK AND VOTE ON 4, 5 AND 6. PLANNING DIRECTOR REDICK EXPLAINED THAT AREA 5 IS BASICALLY THE NORTH SIDE OF 512 BEGINNING AT THE NORTH SIDE OF 510 AND GOING UP TO THE CITY OF SEBASTIAN AND THE SOUTH SIDE OF 512 BEGINNING AT A POINT 1320' EAST OF 510 AND GOING UP TO THE CITY OF SEBASTIAN. THE SAME RE- ZONING'IS PROPOSED IN TERMS OF NEED FOR COMMERCIAL AREA IN THE TOTAL COUNTY AND IN THIS AREA IN PARTICULAR. MR. REDICK CONTINUED THAT AREA 6 IS nos. 10, 11 AND 12 AS SHOWN ON THE MAP. N0.•10 IS 1320' WEST OF THE INTERSECTION OF 510 AND 512 AND RANGES 2640' SOUTH FROM 512. THAT AREA IS TO BE CHANGED FROM C-1 AND R-1 TO B-1. NO 12, WHICH IS THE AREA DIRECTLY EAST OF N0. .10 AND EAST OF S.R. 510, IS TO BE CHANGED FROM C-1 AND A TO -B-1. NO. 11, WHICH IS DIRECTLY SOUTH OF NOS. 10 AND 12 ON BOTH SIDES OF 510 IS TO BE CHANGED FROM R-1 TO R-3 ON THE WEST AND FROM A TO R-3 ON THE EAST.. THE BASIC REASONING WAS THAT THERE WAS ROOM AND NEED FOR SOME COMMERCIAL DEVELOPMENT gfl aca 37 � AROUND THE INTERSECTION OF 510 AND 512. SECONDLY THE SITUATION AROSE OF MR. ANSIN HAVING A CONSIDERABLE AMOUNT OF COMMERCIAL PROPERTY THAT WAS BEING CHANGED TO AGRICULTURAL, AND THERE WAS SOME TRADE-OFF TO PRODUCE A. COMMERCIAL LOCATION IN THIS AREA. MR. REDICK STATED THAT AS TO THE R-3, HE CAN FIND LITTLE OR NOTHING IN THE RECORDS FOR THE REZONING OTHER THAN MR. BRENNAN'S COMMENTS THAT IF YOU ARE GOING TO HAVE THAT MUCH COMMERCIAL, YOU NEED SOME HIGHER DENSITY TO SUPPORT IT. MR. REDICK STATED THAT THE MASTER PLAN FOR THE ENTIRE AREA SHOWS AGRICULTURAL. ESSENTIALLY WE ARE NOW CONSIDERING THE STRIP FROM 1700' EAST OF THE 1-95 INTERCHANGE TO -THE CITY LIMITS OF SEBASTIAN AND SOUTH FOR A DISTANCE OF ONE MILE.FROM THE INTERSECTION OF 510 AND 512. MR. ANSIN INFORMED THE BOARD THAT THEY OWN THE R -3 -ON THE WEST SIDE OF 510. THERE IS A CONSIDERABLE POND IN THAT AREA, AND THEY ARE TALKING ABOUT A DRAINAGE PLAN FOR THE AREA WITH ON-SITE WATER RETENTION AND A LAGOON SYSTEM IN THE R-3 BLOCK. HE STATED THAT HIS FAMILY IS ACTUALLY CONCERNED WITH THREE QUADRANTS OF THE INTERSECTION. THEY HAVE A 40 ACRE PIECE ON THE EAST SIDE WHICH STRADDLES 510; A SMALL PARCEL ON THE SOUTH SIDE; AND 40 ODD ACRES ON THE NORTH SIDE. IN THAT AREA IS A MAIN DRAINAGE SLOUGH. IN REVIEWING THAT FACT AND THE DRAINAGE FACTORS, MR. ANSIN STATED THAT HE AND MR. BRENNAN AGREED THAT THEY WANTED TO PUT AN 30 ACRE BLOCK OF COMMERCIAL ON THE WEST SIDE OF 512. THE BLOCK ON THE EAST OF 512 ENCOMPASSES A NUMBER OF DIFFERENT OWNERSHIPS, AND HE FELT MR. BRENNAN ADDED IT AS A MATCHING BLOCK. MR. ANSIN STATED THAT HIS FAMILY WAS WILLING TO FOREGO THE STRIP ZONING AND TO FOREGO COMMERCIAL ZONING ON TWO OF THE THREE QUADRANTS OF THE INTERSECTION, AND INSTEAD HAVE THE SO ACRE BLOCK AS NOW SHOWN WITH THE THOUGHT THAT WOULD BE AN APPROPRIATE LOCATION TO SERVICE THE ENTIRE NORTH END OF THE COUNTY. HE POINTED OUT THAT THE SCHOOL BOARD DETERMINED THAT IT IS AN APPROPRIATE LOCATION TO SERVE THE FUTURE NEEDS OF THE NORTH END OF THE COUNTY. CHAIRMAN WODTKE WISHED TO CONFIRM THAT THE 80 ACRE PIECE IS WEST OF 510 IN THE B-1 AREA, AND MR. ANSIN STATED THAT IT IS. CHAIRMAN WODTKE WONDERED WHY NO COMMERCIAL WAS LEFT ON THE NORTH SIDE OF THE INTERSECTION. MR. REDICK STATED THAT HE HAS NOT DETERMINED ANY REASON FROM THE RECORDS.. 0 vt L� ASSISTANT PLANNER BERG STATED THAT HE BELIEVED THERE WAS SORT OF A TRADE-OFF. THE PROPERTY TO THE NORTH INCLUDES THE CEMETERY AND THE SCHOOL PROPERTY, AND IT WAS THE UNDERSTANDING THAT THE SCHOOL BOARD AT THAT TIME DID NOT WANT ANY COMMERCIAL. CHAIRMAN WODTKE ASKED IF MR. ANSIN WOULD BE IN FAVOR OF MOVING THE COMMERCIAL FORWARD ACROSS THE INTERSECTION. HE FELT THAT 660' ON BOTH SIDES OF THE ROAD IS ADEQUATE, AND COMMISSIONER SIEBERT NOTED THAT ONE OF THE BOARD'S CONCERN WAS THE SCHOOL CHILDREN HAVING TO CROSS THE ROAD WITH NO COMMERCIAL ON THE NORTH SIDE. MR. ANSIN STATED THAT HE WOULD HAVE NO OBJECTION TO COMMERCIAL ON THE NORTH SIDE, BUT HE WAS NOT CERTAIN HOW MANY ACRES THEY WERE TALKING ABOUT. CHAIRMAN WODTKE SUGGESTED MOVING THE COMMERCIAL MORE TO THE NORTH AND REDUCING IT TO THE SOUTH, AND MR. ANSIN ASKED DID HE MEAN TO TAKE THE 80 ACRE BLOCK AND SHIFT IT NORTH? CHAIRMAN WODTKE NOTED IF WE LEFT THE B -I LINE WHERE IT WAS AND WENT NORTH OF THE INTERSECTION, WE WOULD END UP WITH ABOUT 180-200 ACRES COMMERCIAL AND HE FELT THAT WOULD BE TOO MUCH FOR FUTURE NEEDS. MR..ANSIN STATED THAT THEY HOPED TO BE ABLE TO DEVELOP A LARGER INTEGRATED COMMERCIAL AREA IN -THE FUTURE. IF THE 80 ACRES WERE REDUCED TO 60 ACRES, HE FELT IT WOULD CAUSE THEM NO PROBLEMS, BUT THEY WOULD REQUEST THAT THE R-3 BE EXTENDED TO ABUT IT. COMMISSIONER LOY ASKED WHAT WAS THE JUSTIFICATION FOR THE R-3, MR. ANSIN STATED THAT THEY WOULD JUSTIFY THE R-3 IN TERMS OF BEING SUPPORTIVE OF THE COMMERCIAL AND THE OTHER SERVICES THAT WOULD BE DEVELOPED. COMMISSIONER SIEBERT FELT THAT THE R-3 AT THIS POINT IS PERHAPS A LITTLE PREMATURE. IT IS THE HIGHEST DENSITY WE HAVE, COMMISSIONER LYONS ASKED HOW MR. ANSIN WILL SEWER IT. COMMISSIONER SIEBERT FELT THAT IS THE PROBLEM. HE NOTED THAT THE MASTER PLAN CAN BE USED AS A TOOL, AND THE R-3 ABUTTING R-1 WOULD BE APPROPRIATE AT SOME POINT IN THE FUTURE, BUT IN REGARD TO REZONING AT THE PRESENT MOMENT, IT IS PREMATURE. THERE IS ALSO THE QUESTION OF WHETHER OR NOT SHOWING IT ON THE MASTER PLAN AUTOMATICALLY ENTITLES YOU TO A REZONING. 31 eua 37 jjo �'`� 4 77 1R. ANSIN POINTED OUT THAT MOST OF THE PROPOSED R-3 IS NOW ZONED COMMERCIAL AND HAS BEEN ZONED COMMERCIAL OVER TWENTY YEARS. IN HIS VIEW, AT LEAST IN CONJUNCTION WITH THEIR BEING ASKED FOR SUPPORT OF THE PLAN TO ELIMINATE THE STRIP, IT SEEMS APPROPRIATE TO.PERHAPS BE ZONING AHEAD, BUT NEVERTHELESS HAVE A REASONABLE PLAN FOR FUTURE USE AS AN OFFSET TO THE COUNTY'S REQUEST FOR REDUCTION OF THE COMMERCIAL AREA. COMMISSIONER SIEBERT STATED THAT HE COULD NOT TOTALLY DISAGREE WITH THAT. COMMISSIONER LOY NOTED AGAIN THAT R-3 IS THE HIGHEST DENSITY IN THE COUNTY, AND ALLOWS 15 UNITS PER ACRE. MR. ANSIN FELT THEY WOULD BE AGREEABLE TO LESS DENS-ITY AND THAT A DENSITY OF 8-12 COULD ACCOMPLISH THE PLAN HE HAS IN MIND. COMMISSIONER LYONS NOTED THAT THE MASTER PLAN INDICATES LOW DENSITY FOR THE AREA, COMMISSIONER SIEBERT EXPLAINED THAT THE BOARD PROBABLY DID NOT CHANGE THIS BECAUSE THEY KNEW THE ZONING HEARING WAS COMING UP AND WERE SOMEWHAT GUESSING ABOUT WHAT THE AREA WOULD LOOK LIKE. HE STATED THAT IF WE DO CHANGE IT, WE WILL HAVE TO GO BACK AND ADDRESS THE MASTER PLAN AGAIN BEFORE JULY. . MRS. MCCAIN CAME BEFORE THE BOARD'AND STATED THAT SHE OWNS LOTS 4 AND 5 IN UNIT 1 IN THE PROPOSED R-3 AREA DIRECTLY OPPOSITE THE LAKE. SHE INFORMED THE BOARD THAT SHE AND HER SISTER PURCHASED THIS COMMERCIALLY ZONED PROPERTY FROM_MR. ANSIN Z% YEARS AGO FOR RETIREMENT PURPOSES, SHE CONTINUED THAT AST BECAUSE THEY ARE LITTLE OWNERS OF LAND, SHE COULD NOT UNDERSTAND WHY THEY HAVE TO SIT BACK AND GO ALONG WITH THIS, WHICH SHE DOES NOT FEEL IS CORRECT. COMMISSIONER LYONS AGREED, AND DID NOT FEEL WE SHOULD TRADE BACK AND FORTH_, BUT THAT EACH THING MUST BE CONSIDERED ON ITS OWN MERITS. MRS. MCCAIN CONTINUED THAT SHE NEVER DREAMT TIDE COMMERCIAL STRIP ALONG THE ROAD WOULD BE ELIMINATED AND REPLACED WITH R-3. COMMISSIONER SIEBERT ASKED IF SHE FELT IT SHOULD REMAIN COMMERCIAL WHERE THE R-3 DENSITY IS PROPOSED, AND WHETHER SHE WOULD RATHER LOOK TO THE NORTH ON COMMERCIAL PROPERTY -INSTEAD OF MULTI -FAMILY. WA MRS. MCCAIN FELT'THE COMMERCIAL SHOULD REMAIN 300' DEEP ON THE PERIMETER OF THE HIGHWAY. SHE FURTHER NOTED THAT THERE ARE A LOT OF SPRINGS IN THE AREA, AND WITH HIGH DENSITY YOU WOULD PROBABLY HAVE TO HAVE A SEWER PLANT TO DEVELOP THIS. SHE FURTHER NOTED THAT SHE ORIGINALLY PROMOTED THIS AREA TO RETIREMENT PEOPLE. CHAIRMAN WODTKE ASKED FIRS. MCCAIN IF SHE WOULD AGREE THAT TO HAVE COMMERCIAL STRUNG OUT ALONG WABASSO ROAD ALONG 512 AND INTO FELLSMERE IS NOT THE WAY TO DEVELOP, MRS. MCCAIN STATED THAT SHE DID NOT KNOW IT WAS THAT WAY, BUT POINTED OUT THAT THERE ARE LITTLE HOMES WITH STORES IN THEM PRESENTLY, AND THEY WILL NEVER BE ELIMINATED. SHE WAS HOPING THE AREA WOULD DEVELOP INTO HOMES WHEN THE SCHOOL CAME IN AND HAVE SOME COMMERCIAL TO SUPPORT IT. SHE REITERATED THAT SHE DID NOT FEEL THE BOARD SHOULD SACRIFICE PEOPLE LIKE HER FOR BIG DEVELOPERS. CHAIRMAN WODTKE STATED THAT THE BOARD HAS TO MAKE DECISIONS ON THE PROPER LOCATION FOR COMMERCIAL DEVELOPMENT, AND PERSONALITIES DO NOT ENTER INTO IT. MRS. MCCAIN NOTED THAT APPARENTLY THE BOARD HAS BEEN MAKING TRADE-OFFS, AND THEN TALKED ABOUT THE HIGH TAXES SHE WAS PAYING. COMMISSIONER Loy POINTED OUT THAT THE TAXES ARE BASED ON THE USE OF THE LAND, PHYLLIS DORSETT INFORMED THE BOARD THAT SHE OWNS APPROXIMATELY TWO ACRES ADJOINING THE CANAL ON THE -DRAINAGE DITCH PREVIOUSLY DISCUSSED AND SHE IS INTERESTED IN SOME WAY TO MAINTAIN THIS AS RESIDENTIAL. SHE STATED IT IS HER UNDERSTANDING THAT IF THIS SHOULD BE REZONED TO B-1, AND THE STRUCTURES SHOULD BURN DOWN, SHE COULD NOT REPLACE THEM, ATTORNEY COLLINS NOTED THAT SHE COULDN'T DO SO IN A COMMERCIAL AREA EITHER. MRS. DORSETT STATED SHE IS SOUTHEAST OF THE ANSIN PROPERTY ` AND IS,AT THE PRESENT TIME, IN COMMERCIAL ZONING. SHE WOULD PREFER THIS MOVED INTO A RESIDENTIAL ZONE, AND SHE IS NOT CONCERNED.WITH THE TYPE OF RESIDENTIAL ZONE. SHE NOTED THAT SHE IS IN THE PROPOSED B-1 AREA. CHAIRMAN VIODTKE ASKED IF ANYONE WAS PRESENT REPRESENTING PROPERTY LOCATED TO THE EAST OF 510. THERE WERE NONE, AND THE CHAIRMAN 33 NOV 2x.1978 37 mt 5 D ASKED MR. BERG ABOUT THE DESIRABILITY OF B-1 EAST OF 510 WHERE ALL THE LOW LAND IS LOCATED, PSR. BERG STATED THAT HE BELIEVED MR. GRICE OF THE PLANNING AND ZONING COMMISSION FELT IT WAS PREMATURE AND COMMENTED ON THE LAND BEING EXTREMELY LOW, DISCUSSION FOLLOWED, AND IT WAS NOTED THAT B-1 SPECIFICALLY EXCLUDES SERVICE STATIONS. CHAIRMAN WODTKE ANNOUNCED THAT WE ARE NOW DEALING WITH AREAS 4, 5 AND 6, WHICH INCLUDES Nos. 8, 9, 10, 11 AND 12. CHAIRMAN WODTKE NOTED THAT AGRICULTURAL IS A HOLDING ZONE FOR FUTURE USE. HE DISCUSSED R-1 FOR VERO LAKE ESTATES AND DID NOT FEEL IT WOULD BE BEST TO PUT THAT AREA IN AGRICULTURAL ZONING.BECAUSE MOST OF IT IS ALREADY PLATTED AND ON RECORD AND SHOULD STAY IN A RESIDENTIAL CHARACTER. HE THEN ASKED THE ATTORNEY IF WE COULD MOVE UP TO A HIGHER ZONING AND MAKE SOMETHING R-1 INSTEAD OF R-3. ATTORNEY COLLINS STATED THAT HE WOULD TAKE THE POSITION THAT WE SHOULD READVERTISE THAT PORTION. COMMISSIONER LYONS STATED THAT HE WAS NOT IN FAVOR OF R-3 IN THAT AREA, CHAIRMAN WODTKE FELT THAT THE FUTURE NEEDS OF THE AREA MIGHT WARRANT A HIGHER DENSITY, BUT THAT AT THE PRESENT TIME THE PROPOSED ZONING IS QUITE PREMATURE. HE POINTED OUT THAT IT IS NECESSARY TO RE- EVALUATE AND FINALIZE OUR COMPREHENSIVE PLAN IN 1979 SO WE CAN TAKE A FURTHER LOOK AT IT AT THAT TIME. HE ALSO NOTED THAT WE HAVEN'T HAD ANY INPUT ABOUT THE DESIRABILITY OF COMMERCIAL AND R-3 ON THE EAST OF 510, AND HE WISHED THERE WAS SOMEONE HERE TO REPRESENT THOSE PROPERTY OWNERS. THE CHAIRMAN CONTINUED THAT HE WOULD LIKE TO SEE COMMERCIAL AT THE INTERSECTION, BUT IF WE LEAVE IT AT BOTH SIDES OF 510 WHERE THE LINE IS BETWEEN R-3 AND B -I, WE WILL•BE LOOKING AT WELL OVER 200 ACRES OF COMMERCIAL AREA, WHICH IS A CONSIDERABLE AMOUNT. HE FELT. IF WE CAN ELIMINATE THE COMMERCIAL ON ONE SIDE UP TO THE 660' EXTENSION, IT WOULD HELP. CHAIRMAN WODTKE WAS OF THE OPINION THAT MRS. DORSETT WOULD BE IN A BETTER POSITION IN AN AGRICULTURAL ZONE THAN THE ZONE SHE PRESENTLY IS IN BECAUSE AGRICULTURAL IS A HOLDING ZONE. HE WAS CONCERNED ABOUT THE R-3 BECAUSE OF THE SLOUGH AND DEVELOPMENT COSTS THAT WOULD RESULT FROM NOV 211978 34 W 7 3- P9 THE LOWNESS OF THE AREA, AND FELT THE ONLY ARGUMENT TO•JUSTIFY THE R-3 ON THE EAST IS TO KEEP IT COMPATIBLE ON BOTH SIDES OF THE ROAD., THE CHAIRMAN STATED THAT HE STRONGLY BELIEVES THAT CONCENTRATION OF COMMERCIAL AREAS IS THE WAY TO GO, AND HE DID NOT BELIEVE WE NEED TO HAVE COMMERCIAL DOWN AT 510 WHERE IT MAKES THE TURN. COMMISSIONER DEESON STATED THAT HE, TOO, BELIEVES R-3 I$ PREMATURE AT THIS TIME AND IS CONCERNED ABOUT THAT MUCH B-1. HE ALSO EXPRESSED THE,WISH THAT PROPERTY OWNERS ON THE NORTH AND EAST OF THE 510 AND 512 INTERSECTION WERE PRESENT. HE FELT THE COMMERCIAL SHOULD BE CONCENTRATED IN THAT AREA, PROBABLY 660' EAST, NORTH AND SOUTH OF THE INTERSECTION. COMMISSIONER LYONS STATED THAT HE IS CURIOUS AS TO WHY THE B-1 IS AS DEEP AS IT IS WHEN WE DONT SEEM TO HAVE IT THAT DEEP IN OTHER AREAS. PLANNER REDICK STATED THAT HE WOULD IMAGINE THAT IT WAS DUE TO THINKING AHEAD IN THE LONG RANGE STUDY TO A SHOPPING CENTER TYPE DEVELOPMENT. COMMISSIONER SIEBERT DISCUSSED FINAL ADOPTION OF THE MASTER PLAN AND NOTED THAT WE ARE PERMITTED TO SHOW CERTAIN THINGS IN THE MASTER PLAN THAT DO NOT REQUIRE A REZONING UNTIL OTHER THINGS ARE ACCOMPLISHED; THEREFORE, HE FELT IT WOULD BE ALL RIGHT TO PUT A LOT ON THE MASTER PLAN AS MULTI -FAMILY AND INCLUDE SOME BUSINESS AREA, BUT TO VOTE FOR AN ACTUAL REZONING AT THIS TIME WOULD BE PREMATURE. HE FELT 9 THAT THE MASTER PLAN COULD WELL SHOW SOME COMMERCIAL ACTIVITY HERE AS BEING APPROPRIATE SOMETIME IN THE FUTURE. PLANNER REDICK STATED ESSENTIALLY WHAT HE AND ATTORNEY COLLINS HAVE SAID IS THAT THE MASTER PLAN AS.ADOPTED WAS TANTAMOUNT TO A RE- ZONING BECAUSE OF THE WAY IT HAS BEEN WRITTEN AND PLACED ON A MAP. IN THE MASTER PLAN THEY ARE PREPARING FOR THE BOARD AT THE PRESENT TIME, HOWEVER, THERE ARE THINGS WHICH ARE SCHEDULED FOR SOMETIME IN THE FUTURE WHEN CERTAIN.CONDITIONS ARE MET, I.E., WHEN ADEQUATE WATER AND SEWER ARE•AVAILABLE, ETC. UNDER THESE CIRCUMSTANCES, YOU CAN PUT SOMETHING INTO THE MASTER PLAN AND NOT HAVE TO CHANGE THE ZONING, BUT CONDITIONS AND SCHEDULING WOULD HAVE TO BE WRITTEN INTO THE TEXT OF THE ADOPTION OF THE PLAN AND IT WOULD HAVE TO BE DONE VERY CAREFULLY. 35 NOV 21197 m COMMISSIONER SIEBERT ASKED IF, IN HIS PROFESSIONAL OPINION, HE FELT THE PROPOSED REZONING IS PREMATURE. PLANNER REDICK STATED THAT HIS FEELING IS THAT THERE IS ROOM FOR SOME COMMERCIAL, DEVELOPMENT AT THIS LOCATION, BUT HE WOULD NOT AGREE WITH THE AMOUNT BECAUSE THERE IS A VERY SMALL AMOUNT OF POPULATION TO BE SERVED IN THIS LOCATION AND THERE ALREADY IS A SHOPPING CENTER BEING DEVELOPED AT ROSELAND ROAD, HE FELT THE COMMERCIAL SHOULD BE LIMITED TO SOMEWHERE AROUND THE INTERSECTION. COMMISSIONER LYONS ASKED IF WE COULD CONSIDER AREA 4 UP TO THE NORTHERN EXTENSION OF THE LINE ON THE WEST SIDE OF B-1 AS A UNIT SINCE THERE DOESNIT SEEM TO BE ANY BIG CONTROVERSY INVOLVED IN THAT. HE POINTED OUT IF WE COULD HAVE A MOTION ON THAT, WE COULD DISPOSE OF AREA 4 WITH THE EXCEPTION OF THE EAST 1320'. HE THEN STATED THAT HE WOULD LIKE TO SUGGEST THAT WE HAVE THE WHOLE INTERSECTION THERE AS A RESTUDY FOR ANOTHER SHOT SINCE QUITE A FEW QUESTIONS HAVE BEEN RAISED, AND THE ATTORNEY HAS INDICATED IT MIGHT BE NECESSARY TO READVERTISE. MR. ANSIN STATED THAT THEY WOULD HAVE TO OBJECT TO ANY ELIM- INATION OF THE EXISTING ZONING UNLESS THEY, AT THE SAME TIME, HAD A PLAN FOR THE REMAINING PROPERTY, HE FELT, JUDGING FROM THE SIZE OF THE ATTENDANCE AT THE PLANNING AND ZONING MEETINGS, THERE CLEARLY IS AN EXISTING AND INCREASING NEED FOR FACILITIES AT THIS LOCATION. HE CON- TINUED THAT THIS WAS VERY THOROUGHLY STATED AT -THOSE MEETINGS, AND HE DOES NOT FEEL ANY SHOWING HAS BEEN MADE TO ESTABLISH THAT THE NEED DOES NOT EXIST. MR. ANSIN STATED THAT HE CERTAINLY COULD NOT AGREE TO ANY ZONING DRAWBACK ON ANY OF THEIR PROPERTY WITHOUT SOME FAIR AND EQUITABLE PROVISION AS ORIGINALLY PROPOSED. HE AGREED THAT POSSIBLY THEY DO NOT NEED THE R-3 DENSITY, BUT MULTI -FAMILY WOULD BE AN IMPORTANT PART OF AN INTEGRATED PLAN. HE POINTED OUT THAT THEY ARE, IN FACT, THE ONLY PROPERTY OWNERS ON THE WEST SIDE OF 510 IN THIS AREA AND SUGGESTED IT WOULD SUFFICE IF THEY WAIVED NOTICE FOR A REDUCTION FROM.R-3 TO ANOTHER MORE'SUITABLE DENSITY, IF THAT IS THE BOARD'S WISH. COMMISSIONER SIEBERT ASKED IF MR. ANSIN WOULD CONSIDER IT REASONABLE IF, ON THE COMPREHENSIVE LAND USE PLAN BY NEXT JULY, IT SHOWED BASICALLY WHAT IS UP THERE NOW, BUT THE REZONING ACTUALLY TOOK PLACE AT A MORE APPROPRIATE TIME? 36 NOV 2 1 1978�R � �cr o 7 p���30 { r MR. ANSIN NOTED THAT THE PROPOSAL NOW BEFORE THE BOARD IS FOR REZONING; THE BOARD IS NOT BEING ASKED TO DEFER ON ZONING BUT TO ELIMINATE SOME THAT HAS BEEN THERE FOR TWENTY ODD YEARS. HE FELT WE MUST ADDRESS THE REZONING. COMMISSIONER SIEBERT NOTED THAT IF THE BOARD TOOK NO ACTION, THE ZONING WOULD REMAIN C-1 AND R-1. MR. ANSIN STATED THAT THEY HAVE SOME 240 ACRES ZONED C-1, AND THEY.ARE WILLING TO FOREGO ICO ACRES OF THIS. HE FELT THE PROPOSED PLAN TO HAVE A BLOCK OF EIGHTY ACRES COMMERCIAL WITH SUPPORTING MULTI- FAMILY IS MORE APPROPRIATE, CHAIRMAN WODTKE STATED THAT HE APPRECIATES MR. ANSIN'S POSITION, BUT DISAGREES WITH THE FACT THAT MR. ANSIN WOULD BE THE OWNER -OF ALL THE COMMERCIAL THERE. HE CONTINUED THAT WE HAVE TO LOOK AT THE AREA MOST SUITABLE FOR COMMERCIAL DEVELOPMENT REGARDLESS OF WHO OWNS THE LAND. HE AGREED THAT THE BOARD NEEDS TO MAKE A DECISION BECAUSE THE PRIMARY REASON WE ARE DOING THIS IS SPECIFICALLY TO ELIMINATE MILE UPON MILE OF COMMERCIAL ON BOTH SIDES OF SIO AND 512. MRS. MCCAIN ASKED IF THE CHAIRMAN PUT THE B-1 AND THE COMMERCIAL IN THE SAME CATEGORY, AND CHAIRMAN WODTKE STATED THAT BASICALLY B-1 IS A RESTRICTED TYPE OF BUSINESS CATEGORY WITH A 75` SETBACK. C-1 IS COMMERCIAL AND LESS RESTRICTIVE. MRS, MCCAIN STATED THAT SHE CANT SEE ANY REASON FOR INCREASING THE RESIDENTIAL AREA WHEN THE RESIDENTIAL PRESENTLY THERE IS NOT DEVELOPED. SHE SUGGESTED IF COMMERCIAL IS NOT DESIRABLE, WHY NOT PUT A BUSINESS AREA (B-1) NEAR THE INTERSECTION. CHAIRMAN WODTKE POINTED OUT THAT THE COMMERCIAL AREA PRESENTLY THERE HASNIT DEVELOPED EITHER, AND THE BASIS OF HIS OPINION FOR NEEDING TO HAVE THE CHANGE IS BECAUSE IN TODAY�S TIME AND THE COST OF DEVELOPMENT, IT IS NOT DESIRABLE TO HAVE COMMERCIAL DEVELOPMENT THE ENTIRE LENGTH FROM FELLSMERE TO SEBASTIAN. HE NOTED THAT THE BOARD MUST MAKE A DECISION AS TO THE AREA WHERE IT IS MOST APPROPRIATE TO SERVE THE PEOPLE, MRS. MCCAIN ASKED IF HE DIDN'T FEEL WHERE THERE IS A PLANNED SUBDIVISION THERE IS LIABLE TO BE MORE DEVELOPMENT AND MORE COMMERCIAL NEEDED. r y, 37 `:i CHAIRMAN !'iODTKE STATED THAT HE WOULD AGREE WITH THAT, ESPECIALLY AS TO VERO LAKE ESTATES AND THE CITY OF SEBASTIAN. COMMISSIONER LYONS AGAIN SUGGESTED THAT ON AREA 4 WE'HAVE A PARTIAL MOTION TO REZONE UP TO THE NORTHWARD EXTENSION OF THE B -I BOUNDARY THAT GOES ALONG 510; ALL AREA 4 EXCEPT THE EAST 1320'. ATTORNEY COLLINS AGREED THAT COULD BE DONE. COMMISSIONER SIEBERT STATED THAT WITH THE UNDERSTANDING THAT THES IS AN INTERIM THING AND WE WILL HAVE TO GO BACK AND LOOK AT THE ENTIRE INTERSECTION WITH POSSIBLY SOME COMMERCIAL OR PLANNED BUSINESS TO THE NORTH OF THE INTERSECTION WITH THE POSSIBILITY OF REDUCING SOME OR WITH THE POSSIBILITY THAT IT WILL BE ZONED INTO THE .(MASTER PLAN AND IN REZONING BY JULY, HE WOULD MAKE A (MOTION. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COM- MISSIONER LYONS, THAT: - ALL THAT PART OF SECTION 22, TOWNSHIP 31S, RANGE 38E,.LYING WITHIN 660' OF THE CENTER LINE OF S.R. 512, LESS THE EAST 1320' LYING SOUTH OF THE CENTER LINE OF SAID S.R. 512; AND LESS THAT PART OF THE EAST.706.40 FEET OF THE NORTH ONE HALF OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 31 SOUTH, RANGE 38 EAST, NORTH OF STATE ROAD 512 LYING SOUTH OF THE TRANS -FLORIDA - CENTRAL RAILROAD, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 4.091 ACRES MORE OR LESS; AND THE 660' OF SECTION 21, TOWNSHIP 315, RANGE 38E, LYING NORTH OF ' THE CENTER LINE OF S.R. 512 AND THE NORTH 660.' OF THE EAST 1320' OF SECTION 21, TOWNSHIP 31S, RANGE 38E, LYING SOUTH OF THE CENTER LINE OF S.R. 512 BE REZONED FROM C-1 COMMERCIAL TO A -AGRICULTURAL, AND THAT THE 660' OF SECTION•21, TOWNSHIP 315, RANGE 38E, LYING SOUTH OF t THE CENTER LINE OF S.R. 512 LESS THE -EAST 1320' THEREOF, AND THE EAST 610' OF THE WORTH 660' LYING SOUTH OF THE CENTER LINE OF S.R. 512 IN SECTION 20, TOWNSHIP 315, RANGE 38E BE REZONED FROM C-1 COMMERCIAL TO R-1 SINGLE FAMILY DISTRICT. 38 NOV 2 11978' Boa s PLANNING DIRECTOR REDICK EXPLAINED THAT THIS AREA STARTS 1700' EAST OF I-95 ON THE SOUTH SIDE OF THE ROAD AND CHANGES FROM C-1 TO R-1 HALFWAY; FOR THE REST OF THE DISTANCE TO AGRICULTURE. ON THE NORTH SIDE OF THE ROAD STARTING 1700` EAST OF THE -INTERSECTION, IT CHANGES ALL THE WAY TO THE EXTENSION OF S.R. 512 AND S.R. 510 INTERSECTION FROM C-1 TO A, EXCEPT FOR THE FOUR ACRES THAT IS IN THE VESTED RIGHTS. COMMISSIONER LYONS COMMENTED THAT THE MASTER PLAN SHOWS LOW DENSITY, AND COMMISSIONER Loy NOTED THAT AGRICULTURE IS THE LOWEST DENSITY WE HAVE AND IS ALSO A HOLDING ZONE. COMMISSIONER SIEBERT STATED THAT HE DOES NOT FEEL YOU DESTROY THE INTENT OF THE MASTER PLAN BY PUTTING SOMETHING IN A LOWER DENSITY THAN IS SHOWN ON THE MASTER PLAN. CHAIRMAN WODTKE NOTED THAT THE MOTION IS EXACTLY AS THIS WAS PRESENTED TO US, WITH THE EXCEPTION OF THE FOUR ACRES ALREADY PUT INTO THE COMMERCIAL DEVELOPMENT. COMMISSIONER SIEBERT STATED THAT HE WOULD LIKE TO READ INTO THE MINUTES THE REASONS FOR THE REZONING, WHICH ARE REDUCTION OF THE TOTAL COMMERCIAL AREA, WHICH WE FEEL TO BE IN EXCESS OF THE NEEDS OF THE COUNTY IN THE FORESEEABLE FUTURE AND FOR CONSISTENCY WITH LAND USE IN THE PLAN. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. AREA 5 (HOS. S AND 9) - AN AREA BEGINNING AT THE EXTENSION OF S.R. 510 - 660' ON BOTH SIDES OF THE ROAD TO THE CITY OF SEBASTIAN. PLANNING DIRECTOR REDICK FELT IT WOULD BE BETTER PLANNING PRACTICE TO HAVE COMMERCIAL AT ALL CORNERS OF THE INTERSECTION. HE ALSO FELT THERE MIGHT BE SOME LEGAL PROBLEMS INVOLVED IF THERE WERE COMMERCIAL ON THREE CORNERS AND NOT ON THE FOURTH. CHAIRMAN WODTKE AND -COMMISSIONER SIEBERT ALSO FELT THAT ALL FOUR OF THE CORNERS ON THE INTERSECTION SHOULD HAVE SOME PLANNED BUSINESS AND COMMERCIAL, AND THAT THE B-1 SHOWN JUST ON 510 SHOULD BE REDUCED IN SIZE. HOWEVER, FOR THE PURPOSE OF THIS HEARING, THEY DID NOT KNOW HOW THIS COULD BE ACCOMPLISHED AND FELT IT MIGHT BE PREMATURE WITHOUT MORE STUDY. 39 COMMISSIONER LYONS SUGGESTED RESTUDYING JUST N0. 8 IN AREA 5, AND MAKING A DECISION ON THE REST. ATTORNEY COLLINS NOTED THAT A PORTION COULD BE DELETED FROM WHATEVER MOTION IS MADE. DISCUSSION CONTINUED IN REGARD TO VARIOUS ALTERNATIVES FOR THE INTERSECTION AT THE CURVE. COMMISSIONER SIEBERT STATED THAT HE COULDN'T REALLY SEE ANY PROBLEM WITH ACCEPTING THE ZONING BOARD'S ORIGINAL RECOMMENDATION AS AN INTERIM STEP. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COM- MISSIONER LYONS, THAT: THE PROPERTY WHICH LIES 660' SOUTH AND EAST OF THE CENTER LINE OF S.R. 512, LESS THE WEST 1320' AND LESS THE S'i. 1/4 OF THE NE 1/4, AND THE PROPERTY WHICH LIES WITHIN 660' NORTH AND WEST OF THE CENTER LINE OF S.R. 512, ALL LYING IN SECTION 23, TWP. 31S, RANGE 38E; AND THAT PART OF THE SE 1/4 OF THE SE 1/4 OF SECTION 14, TwP. 31S, RANGE 38E,.LYING SOUTH AND EAST AND WITHIN 660' OF THE CENTER LINE OF S.R. 512; BE REZONED FROM C-1.COMMERCIAL TO A -AGRICULTURAL, WITH THE UNDERSTANDING THAT WE ARE GOING TO RESTUDY THE ENTIRE INTERSECTION THERE AND POSSIBLY CHANGE SOME OF THAT PROPERTY BACK TO A MORE INTENSE USE, THE REASONS FOR THE REZONING BEING TO REDUCE e THE TOTAL COMMERCIAL ACREAGE TO A FIGURE THAN CAN MORE REALISTICALLY BE UTILIZED IN THE FORESEEABLE FUTURE. ATTORNEY COLLINS STATED THAT THE LEGAL DESCRIPTION IS CONSISTENT WITH THE AREAS OUTLINED AS N0. 8 AND NO. 9 ON THE MAP COMMISSIONER LYONS STATED THAT HE UNDERSTANDS WE ARE GOING r� TO COME BACK AND TAKE ANOTHER LOOK AT THE INTERSECTION OF 510 AND 512 AT A LATER DATE, AND COMMISSIONER SIEBERT STATED THAT WAS CORRECT. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. 40 NOV 2 11978 F US �j PnF 365 AREA 6 (NOS. 10, 11, 12) - PROPERTY DIRECTLY SOUTH OF INTER- SECTION OF 510 AND 512 AND RUNNING SOUTH TO SLIGHTLY NORTH OF THE EAST- WARD CURVE OF 510. COMMISSIONER LOY FELT IT IS VERY PREMATURE TO HAVE ANY R-3 IN THIS AREA. SHE NOTED THAT WE HAVE NO RULES AND REGULATIONS ABOUT HOW IT CAN BE DONE, AND SHE FELT THIS IS WAY FAR AHEAD IN THE FUTURE AS FAR AS REZONING IS CONCERNED. MOTION WAS MADE BY, COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, TO REMAND AREA 6 TO THE PLANNING DEPARTMENT FOR A PLAN CONSISTENT WITH OUR ACTIONS ON THE OTHER AREAS REZONED TODAY. MR. ANSIN STATED THAT HE WOULD BE PERFECTLY AMENABLE TO A LOWER DENSITY AND AGREED THAT R-3 MIGHT BE HIGH. HE FELT IN THE LONG TERM SOME DENSITY SHOULD BE THE APPROPRIATE USE FOR THIS AREA AND HOPED THAT THE BOARD WOULD TAKE INTO CONSIDERATION IN THE REZONING THE VAST AMOUNT OF COMMERCIAL THAT HAS BEEN ZONED BACK. HE POINTED OUT THAT THEY ARE REALLY DEPENDENT ON AREA 6. IT WAS NOTED THAT THIS MUST BE RESTUDIED AND THAT WE CAN'T TAKE ACTION ON ANYTHING OTHER THAN WAS ADVERTISED.' MR. ANSIN STATED THAT THE PROBLEM IS THAT THE PROPERTY HAS BEEN ARBITRARILY DIVIDED INTO THESE SECTIONS FOR THE PURPOSE OF THIS MEETING WHEN IT IS ACTUALLY ONE PIECE OF CONTIGUOUS LAND. HE FELT THESE SECTIONS HAVE BEEN ARBITRARILY SET. COMMISSIONER LOY DID NOT BELIEVE THERE IS ANYTHING ARBITRARY ABOUT THE PROPOSALS THAT HAVE BEEN PRESENTED. MR. ANSIN STATED THAT HE ONLY MEANT THE DIVISION OF THE PROPERTY IS ARBITRARY IN ORDER TO COMPLY WITH THE PROPOSALS. HE CON- TINUED THAT THE PROPOSALS IN WHICH HE PARTICIPATED WERE BASED ON THE PROPERTY AS A WHOLE AND NOT BASED ON THE SEGMENTATION THIS BOARD IS NOW ADDRESSING ITSELF TO. COMMISSIONER LYONS FELT THAT EVERYTHING HE HAS HEARD INDICATES THAT THE BOARD IS SENTITIVE TO THE PROBLEM, BUT DOESN'T SEE A SOLUTION TO IT THE WAY IT IS PRESENTED. COMMISSIONER SIEBERT NOTED THAT THE MOTION ITSELF STATED THAT THIS BE REMANDED TO THE PLANNING DEPARTMENT TO COME UP WITH SOMETHING 41 NOV 2 11978 Boa 37 PAGE N MORE APPLICABLE TO WHAT WE FEEL THE AREA WILL DEVELOP INTO. IT DOES NOT PRECLUDE THAT THERE WILL BE MULTI -FAMILY, ETC., BUT JUST SAYS WE WILL LOOK AT IT IN MORE DETAIL. . MR. ANSIN STATED THAT IN HIS VIEW ALL OF THE PROPERTIES ADVERTISED SHOULD BE REMANDED TO THE PLANNING STAFF RATHER THAN TAKING AN ARTIFICIAL SEGMENTATION AND ROLLING BACK THE ZONING ON 160 COMMERCIAL ACRES. HE STATED THAT HE OBJECTS TO THE ROLLBACK WHEN THE PROPOSAL IS TREATED IN THIS MANNER. CHAIRMAN WODTKE EXPRESSED CONCERN THAT WE.HAVE HEARD NO OTHER OWNER REPRESENTATION OTHER THAN ONE LADY WHO OWNS A FEW LOTS. HE CONTINUED THAT IT MAY BE THAT THE AREA MR. ANSIN IS DISCUSSING.IS THE PROPER AREA FOR THE BUSINESS TO BE IN, BUT HE IS REALLY OF THE OPINION THAT THERE IS TOO MUCH ACREAGE IN BUSINESS AND IN COMMERCIAL, AND HE IS NOT IN FAVOR OF 12-15 UNIT ZONING AT THE PRESENT TIME IN ANY AREA UP THERE NO MATTER WHO OWNS IT BECAUSE WE DO NOT HAVE SEWAGE FACILITIES OR WATER. HOPEFULLY THESE SERVICES WILL BECOME AVAILABLE, AND THAT IS WHEN WE SHOULD ADDRESS THIS ZONING. THE CHAIRMAN NOTED THAT WE ARE RELATIVELY RESTRICTED TO THE NORTH OF THE INTERSECTION BECAUSE OF THE RAILROAD RIGHT-OF-WAY. MR. ANSIN INFORMED THE BOARD THAT THEY DO OWN TWO QUADRANTS ON THE EAST SIDE OF 510 BUT THEIR CONCERN REALLY IS ON THE WEST SIDE. IN VIEW OF THE ACTION THE BOARD HAS ALREADY TAKEN THIS MORNING, HE SUGGESTED THAT PERHAPS THE BOARD COULD REMAND THE PROPERTY ON THE EAST SIDE OF t 510, PROCEED ON THE WEST SIDE WITH 80 ACRES OR SOMEWHAT LESS, AND REDUCE THE DENSITY OF R-3 TO WHATEVER THEY FEEL IS APPROPRIATE. CHAIRMAN N+ODTKE STATED THAT HE WOULD HOPE THAT WOULD BE THE TYPE OF THING THAT WOULD COME BACK FROM THE PLANNING DEPARTMENT. ATTORNEY COLLINS NOTED THAT MR. ANSIN HAS SAID HE WOULD WAIVE NOTICE, BUT THE ATTORNEY WAS CONCERNED ABOUT NOTICE TO THE REST OF THE COUNTY RESIDENTS. COMMISSIONER SIEBERT POINTED OUT THAT WE WILL HAVE TO GO OVER THIS WITHIN SEVEN MONTHS, AND HE DOES NOT FEEL THAT IS.TOO LONG TO WAIT. 42 NOV 211978 BOOK J 3�j07 FA.GE 30_ (i j.. MR. ANSIN STATED THAT HE FEELS THE ACTION TAKEN BY THE BOARD THIS MORNING SEVERELY PREJUDICES WHAT HAPPENS TO THE REST OF THEIR PROPERTY. THE RECOMMENDATIONS WERE BASED ON THE TOTAL. COMMISSIONER Loy STATED THAT MAYBE IT WAS PRESENTED THAT WAY, BUT IT WAS NOT TAKEN THAT WAY. SHE NOTED THAT THE BOARD MEMBERS ARE THE ONES FACED WITH MAKING A DECISION AND THEY WOULD LIKE TO HAVE*MORE RECOMMENDATIONS. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. AREA % (NOS. 13, 14) - ONE MILE SOUTH OF THE INTERSECTION OF 510 AND 512 AND EAST TO A POINT OF AN R -1E ZONING ADJACENT TO 66TH AVENUE ON S.R. 510. PLANNING DIRECTOR REDICK STATED THAT THIS IS A SIMILAR RECOM- MENDATION BASED ON LACK OF NEED FOR THE TOTAL AMOUNT OF COMMERCIAL. IT IS RECOMMENDED THAT THE AREA BE REZONED FROM C-1 TO AGRICULTURAL. THIS IS IN CONFORMANCE WITH THE MASTER PLAN WHICH IS PRIMARY AGRICULTURE. THE CHAIRMAN ASKED IF ANYONE PRESENT .WISHED TO BE HEARD. A LADY IN THE AUDIENCE NOTED THAT THIS WOULD LEGALIZE THE USE OWNERS MADE OF THEIR LAND, WHICH IS PRIMARILY AGRICULTURAL. ATTORNEY EUGENE O'NEILL APPEARED REPRESENTING RYALL GROVES, OWNERS OF PROPERTY IN SECTION 32. HE STATED THAT HE UNDERSTANDS THEY OWN JUST ABOUT ALL THE E 1/2 OF SECTION 31 AND PART OF THE OTHER 1/2. HE NOTED THAT AS YOU COME IN FROM 1-95, LATERAL A IS THE FIRST PAVED ' ROAD SHOOTING DOWN INTO THE COUNTY. HE CONTINUED THAT ACROSS THE STREET FROM HIS CLIENT'S PROPERTY IS C-1 ZONING, WHICH HE UNDERSTANDS IS NOT TO BE CHANGED TODAY. MR. O'NEILL NOTED THAT WITHIN A BLOCK OF HIS CLIENT'S PROPERTY, THERE IS A CHURCH, A GAS STATION, A SCHOOL, A LITTLE LAUNDROMAT, AND A CONVENIENCE STORE. HE STATED THAT IT IS THEIR POSITION THAT WHERE HIS CLIENT'S PROPERTY IS SITUATED, THE BEST USE WOULD BE TO CONTINUE `t COMMERCIAL AT THE CORNER BECAUSE OF THE PRESENT USES AND THE POTENTIAL FOR DEVELOPMENT. THEY FEEL THAT AT LEAST PART OF THE PROPERTY SHOULD BE LEFT COMMERCIAL ALONG LATERAL A. MR. RYALL CAME BEFORE -THE BOARD AND POINTED OUT THE PROPERTY HE OWNS. HE NOTED THAT THE R -IE TO THE NORTH OF HIS PROPERTY WAS REZONED FOR MRS. HABAKKUK WHITFIELD. 43 BOOK 3 7 PAGE 368 r s MRS. MCCAIN STATED THAT SHE NOW REALIZES THAT HER PROPERTY IS LOCATED IN THIS AREA ON THE WEST SIDE JUST BELOW THE DIVIDING LINE IN VERO LAKE ESTATES. SHE STATED THAT IF HER PROPERTY SHOULD BECOME AGRICULTURAL, SHE DIDN'T KNOW WHAT SHE COULD DO WITH IT, ATTORNEY COLLINS STATED THAT THERE WAS A DISCREPANCY IN THE PARCEL. THE -INDIVIDUAL NOTICE TO THE LAND OWNER INDICATED R-1 AND THE NOTICE IN THE PAPER INDICATED AN AGRICULTURAL ZONING. HE FELT THE COMMISSIONERS MIGHT WANT TO HOLD OFF ON THIS LITTLE PARCEL AND RECONSIDER IT AT THE SAME TIME WITH THE OTHER. HE FELT THAT THE INDIVIDUAL NOTICES THAT WERE MAILED OUT WOULD CONTROL, AND IT.WAS THE PLANNING & ZONING BOARDS INTENT TO REZONE TO R-1 ON THE WEST SIDE. COMMISSIONER SIEBERT STATED THAT HE WOULD BE WILLING TO HOLD OFF, IF THE ATTORNEY WILL EXPLAIN HOW THIS CAN BE DONE. ATTORNEY COLLINS STATED THAT VERO LAKES ESTATES COULD JUST BE DELETED FROM THE LEGAL DESCRIPTION. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS - SIONER LYONS, THAT: THE SOUTH 660' OF SECTION 30, TWP. 31S, RANGE 39E, LESS THE EAST 1320'; THE I4ORTH 660' OF SECTION 31, TWP. 31S, RANGE 39E, LESS THE EAST 855' THEREOF; THE SOUTH 660' OF SECTION 25, TWP. 31S, RANGE 38E; THE NORTH 660' OF SECTION 36, TWP. 31S,.RANGE 38E, LESS THE NORTH 660' OF THE W 1/2 OF THE NE 1/4 OF THE NE 1/4; THE SOUTH 660' OF SECTION 26, TWP. 31S, RANGE 38E, LESS THE WEST 660'; THE WEST 660' OF THE SLI 1/4 OF THE SW 1/4 OF SECTION 26, Twp. 31S, RANGE 38E; AND THE NORTH 660' OF SECTION 35, TWP. 31S, RANGE 38E, BE REZONED FROM C-1 COMMERCIAL TO A -AGRICULTURAL, FOR THE REASONS OF REDUCING THE TOTAL COMMERCIAL PROPERTY WHICH IS DETERMINED TO BE TOO LARGE TO UTILIZE IN THE FORESEEABLE FUTURE, AND TO BE IN COMPLIANCE WITH THE MASTER PLAN. NOV 2 11978 44 pl�E I COMMISSIONER SIEBERT STATED THAT FOR THE RECORD HE FELT IT SHOULD BE INDICATED THAT, ALTHOUGH HE HAS NOT FILED A CONFLICT OF INTEREST, HE IS ASSOCIATED WITH MR. RYALL BUT HAS NO DIRECT FINANCIAL INTEREST IN THE PROPERTY, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, TO REQUEST THAT THE PLANNING DEPARTMENT PRESENT THE BOARD WITH A NEW PROPOSAL FOR THE PORTION DELETED FROM AREA 7. PLANNING DIRECTOR REDICK ASKED IF THE BOARD WISHED THIS AS A PART OF THE MASTER PLAN OR NEEDED SOMETHING AHEAD OF THAT TIME. COMMISSIONER LOY FELT WE SHOULD PROCEED AND GET RID OF THE COMMERCIAL AS QUICKLY AS POSSIBLE. IT WAS AGREED TO MOVE ALONG WITH AREA 7 AND RESTUDY AREA 6. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. AREA 3 (No. 5)-.- 660` NORTH AND SOUTH OF S.R. 512 FOR A DISTANCE OF 1700' EAST AND WEST OF THE CENTER LINE OF 1-95. PLANNING DIRECTOR REDICK STATED THAT.BASICALLY THE RECOMMENDA- TION OF THE PLANNING & ZONING COMMISSION IS TO MAKE NO CHANGE WITHIN THAT 3400' OF AREA, AND LEAVE IT C-1 COMMERCIAL. THE BASIC REASON IS THAT AS AN INTERSTATE INTERCHANGE, IT DOES HAVE COMMERCIAL POTENTIAL. THIS IS BASED ON EVALUATION OF THE PLANNING & ZONING COMMISSION ON THE DISTANCE BACK THAT WOULD BE REQUIRED BY THE DOT FOR ACCESS. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. GORDON NUTT FROM ORLANDO INFORMED THE BOARD THAT HE OWNS APPROXIMATELY 100 SQUARE ACRES IN THE NORTHWEST QUADRANT OF THE INTER- SECTION OF 1-95 AND 512. HE STATED THAT HE HAS HAD FOR SOME TIME A BUILDING CONTRACT BASED ON THE EXISTING ZONING. HE NOTED THAT FOR THEIR 'l PARTICULAR LAND USE, THEY HAD IN MIND USING THE ZONING AS IT EXISTED FOR THE FULL LENGTH OF THE ROAD, AND THEY WOULD LIKE ACCESS TO CLOSE TO THE OFF -RAMP OF 1-95. HE CONTINUED THAT HE WOULD LIKE TO ASK FOR CONSIDERA- TION OF EXTENDING THE COMMERCIAL ZONING TO HIS WESTERN BOUNDARY. HE FELT THAT IT IS APPROPRIATE IN SOME INSTANCES TO CONSIDER THE OWNER S PROBLEMS. 45 x 37 ����7 THE OFF RAMP INTO 512 TAKES A CONSIDERABLE AMOUNT OF PROPERTY IN EACH DIRECTION. HE ASKED IF SOMEBODY WERE TO COME BEFORE THE BOARD AND ASK FOR A ZONING CHANGE SHORTLY AFTER THE COMPREHENSIVE LAND USE PLAN IS ADOPTED, IS IT MORE DIFFICULT AFTER IT IS ADOPTED? THE ATTORNEY STATED THAT IT IS. MR. NUTT FELT THAT IS AN ADDITIONAL REASON FOR MORE FLEXIBILITY, AND REQUESTED THAT THE C-1 BE EXTENDED AN ADDITIONAL 660' WEST. COMMISSIONER SIEBERT POINTED OUT THAT WOULD EXTEND THE C-1 INTO AREA 2 WHICH THE BOARD HAS ALREADY TAKEN ACTION ON, AND THEY WOULD HAVE TO RESCIND THAT ACTION AND HAVE A NEW MOTION. MR. NUTT AGAIN INQUIRED ABOUT THE DIFFICULTY OF CHANGING THE COMPR€HENSIVE LAND USE PLAN, AND PLANNING DIRECTOR REDICK STATED THAT HE FELT WITH THE NEW FORMAT, THERE WILL BE SOME LATITUDE IN USES. HE FELT AN EXPANSION OF THE -COMMERCIAL MIGHT BE ALLOWED UNDER THE PLAN THEY WOULD BE PRESENTING. DISCUSSION CONTINUED ON THE POSSIBILITY OF CHANGING THE MASTER PLAN AND AS TO WHETHER THE LINES IN THE PLAN ARE DEFINITIVE LINES OR NOT. THE TIME FRAMEWORK ALSO WAS DISCUSSED. IT WAS NOTED THAT A RECENT CHANGE WAS MADE IN THE MASTER PLAN TO SQUARE THIS OFF. COMMISSIONER SIEBERT NOTED THAT WE CANNOT DO ANYTHING TODAY ABOUT CHANGING THE MASTER PLAN AS IT REQUIRES AN ADVERTISED PUBLIC HEARING. COMMISSIONER Loy COMMENTED THAT THE FIRST HEARING ON THIS WAS o HELD IN (NOVEMBER OF 1977, AND THE COMMERCIAL WAS ENLARGED AT THAT TIME SO ACTUALLY THIS 1700' WOULD GIVE MR. MUTT MORE THAN HE HAS NOW. PLANNING DIRECTOR REDICK EXPLAINED THAT THIS MATTER IS INCLUDED IN THE DISCUSSION TODAY BECAUSE THE ORIGINAL MOTION CHANGED THIS AREA FROM 1320' TO 1700'. HE FELT THE ACTION TAKEN THIS MORNING ELIMINATED THE NEED TO DO ANYTHING FURTHER, '�` ON iMOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE NO. 75-39 AMENDING ORDINANCE 71-3 TO INCORPORATE ALL THE CHANGES MADE BY MOTION OF THE BOARD THIS MORNING. 46 li 7 M1A9�Sn ?;a. 'INDIAN RIVER COUNTY ORDINANCE NO. 78-39 AN ORDINANCE AMENDING THE ZONING MAP ADOPTED IN INDIAN RIVER COUNTY ZONING ORDINANCE 71-3 BY THE REZONING OF PROPERTIES DESCRIBED BELOW AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; and WHEREAS, there is a need in Indian River County to reduce the number of acres zoned Commercial to prevent excessive traffic congestion, business sprawl,excessive density.of commercial development and to reduce the amount of commercially zoned property to a level consistent with the needs and growth pattern of Indian River County; and WHEREAS, the economic value of existing agricultural and residential uses shall be maintained; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Indian River County Ordinance 71-3, being the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map be amended as follows: 1. Morning Side Park Subdivision as recorded in Plat Book 1, page 93; and Tropical Village Estates Subdivision as recorded in Plat Book 4, page 94 less the area lying within 270' South of the center line of S.R. 512, and less Lots 9, 11, 13, 15 and 17, Block 2, and Lots 8, 10, 12, 13, 14, 15, and 16, Block 3; And Tropical Village Estates Subdivision Unit 2 as recorded in Plat Book 5, page 65 less the area lying within 270' South of the center line of S. R. 512, all plats referred to plats recorded in the public records of Indian River County, Florida; Be rezoned from C-1, Commercial and A -Agriculture to R-1, Single Family District. 2. The West 1275' of Section 20, Twp. 31 S, Range 38 E which lies within 660' of the center line of S. R. 512; And the East 610' of Section 20, Twp. 31 S, Range 38 E which lies within the area 660' North of the center line of S. R. 512; All that part of Section 19, Twp. 31 S, Range 38 E lying within 660' of the center line of S. R. 512; All that part of Fellsmere Farms Subdivision in Twp. 31 S, Range 37 E,lying within 660' North of the center . line of S. R. 512, which lies within Tracts 1547 through 1554 of said Subdivision; Boa 37 PACE3721, M That part of Tracts 1644, 1645, and 1646 in Fellsmere Farms Subdivision in Twp. 31 S, Range 37 E lying within 660' South of the center line of S. R. 512; All that part of Section 22, Twp. 31 S, Range 38 E lying within 660' of the center line of S. R..512 less the East 1320' lying South of the center line of said S. R. 512, less that part of the East 706.40 feet of the North one half of the Southeast quarter of Section 22, Township 31 South, Range 38 East,•North of S. R. 512 lying South of the Trans -Florida -Central Railroad, Indian River County, Florida. Containing 4.091 acres more or less. The 660' of Section 21, Twp. 31 S, Range 38 E lying North of the center line of S. R. 512 and the North 660' of the East 1320' of Section 21, Twp. 31 S, Range 38 E lying South of the center line of S. R. 512; The property which lies within 660' South and East of center line of S. R. 512, less the West 1320' and less the SW 1/4 of the NE 1/4, And the property which lies within 660' North and West of the center line -of S. R. 512 all lying in Section 23, Twp. 31 S, Range 38 E; That part of the SE 1/4 of the SE 1/4 of Section 14, Twp. 31 S, Range 38 E, lying South and East and within 660' of the center line of S. R. 512; The South 660' of Section 30, Twp. 31 S, Range 39 E, less the East 13201; The North 660' of Section 31, Twp. 31 S, Range 39 E, less the East 855' thereof; The South 660' of Section 25, Twp. 31 S, Range 38 E; The North 660' of Section 36, Twp. 31 S, Range 38 E, less the North 660' of the W 1/2 of the NE 1/4 of the NE 1/4; The South 660' of Section 26, Twp. 31 S, Range 38 E, less the West 660'; The West 660' of the SW 1/4 of the SW 1/4 of Section 26, Twp. 31 S, Range 38 E; ® The North 660' of Section 35, Twp. 31 S, Range 38 E; Be changed from C-1 District to A -District. 3. The 660' of Section 21, Twp. 31 S, Range 38 E lying South of the center line of S. R. 512 less the East 1320' thereof; The East 610' of the North 660' lying South of the center line of S. R. 512 in Section 20, Twp. 31 S, 'rt Range 38 E; Be rezoned from C-1 Commercial to R-1, Single Family District. All with the meaning and intent as set forth and described in said Zoning Regulations. This Ordinance shall take effect as provided by law. This Ordinancs shall take effect December 18, 1978. NOV 2 11978BUOK 3 7 Pa o THE BOARD THEREUPON RECESSED FOR LUNCH AT 1:00 O'CLOCK P.M. AND RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: 49 7 PA.v.374 NOV 211978 3 I as.r!-a .e e. ,. ,a R- w.+.W'. ex .., ..ary it. eo.s+.,.t:,vw w^ ..n,,. ,:.t-.r..y.t -.o _ - .. -- �^�i'.-^_-..�•..... s•.- _ ... - 4 L la'b,aw�i63.. c«.�_. �_•.-w�&8`w. r�1..' �?moi:drew�__.. ., ...>.. . .�.... .« ._. _ ._-_ - _ _ __�. -,.. _ a. LEGEND A AGRICULTURAL DISTRICT R -I SINGLE FAMILY DISTRICT. C-1 COMMERCIAL DISTRICT M-1 RESTRICTED INDUSTRIAL PREPARED SYt INDIAN RIVER COUNTY PLANNING DEPT. Nonce33eirhwweit+oi+Pewen:iriuo'e:nime'oi Nance IS HEREBY GIVEN mat M, 1 -ria alert Ri9e, cm Board a C9Var Com' The Norm /63'Ot Sectiep Tb. Tw0.7ffi. Reap missbmn will hada Pottle P— we an Sag Irm9 West N tae (rest HpYWP.3 . Bm 01 yon", November 71, 1978 of 1:30 o'ciWY I-951 4m. ro me Canary Commissba Ream of rm The NWM633•PI SWIM S3. TwP.374 RAMP ndi- Rive, cab" ca "IN... Vero Besas, Pwride, for proposed toaarp cMrrges on me „The NWth6walsectbo S4TWILMRapgP fatarrne deurthed PraPertw6. at vrMch time. pert.es m mferest omi eMmw stun save an TAe ESSt n r d Sec"bo 14 Twp. AS. Reap oppWiamfrtpMhard: _ 398: A. Tne Seom 16P el SSCHYn H, Trp. 355. 3987 ealf ]7!• M Secllae A. Tp. 31L Rasp Range 388r ae seroned from C•1, Ca --hl a A. The Nath 660'o/SKNW >e, Twp.135, QonPe AytcuTA.lturat Pistrktl AND The !bate "r ad Sec"M 74 Trp. 314 RAMP RarrPa 398 West 3m• of 5mtbe O. Tey. 714 3TM ISWmffCel Sectbe 3r, Tr0.3f4Ropy � Wnt3m'ot Sed 34 T.P. $74 Rapp �Tlrosamla aseatae33.rrp.a4Ra�a a Hama tram e.4 ea�oefa a A. DiatrM Or R•1; WyU pan" The North 6n• a SMImf S4 Two. 33L Rim" Mum Rdolhartam" The SWm 6w of swim 77. Twp. 314. Raga BS"' � odea. Vic. CRabmPR SamThe NarthwafSecNwt3S,Tw.334Rwp Oct. 1477. iffl. 358+ VERO BEACH PRESS•JOII VERO BEACH PRUWOURHAL PDblbkedWeekly Vass Beack, Indian Rim County, Plarids COi1NTY of INDIM trim iTATI M fL01UDA Bells tM orrdersierwd authorRr permnallr epWarod J. J. Schwevub Jr. rYlw a+ mos beNA atom dwt he q Buthuss Mansaer of dw Vero Beed. Pros-lrpnn+t. o +res5 na.sWPP. ENsB m" W Vas Baadr b Indian I�Uar/C�oun�t4, F4IaWa: nut Iha attedmd a:P► of edwMi�sw:t - f. Nie mesas of Cow was Dut' now to .6d "www"m the ISP= of ,mac �l i $,t.�a,.9 7 Jp) WIN AiRaR {wNhes ell elut the 6eid Vero Beech Prewloornet te s twwspow pubtRlyd at ifdien Rire< C�'mty, and the the tela r--ww ;8== Vom Beach, in wid been mmhtmuly pubBstwd b nfd Mien Rive, Cwnty. Fbdde, VAMMY and fus bear entered el ncerrd den mall matter M the poet oN VsropByep= oft "diinrtaehed wnty4 F !ar I Period of aw t'77r rwnt WaceeNng ther paid re, Wamited anY oeesan, he hn nei Terporotien osr ditcauntr Sav+ that � f� �- rdfaro, cpnmission W rotund for rite iwRl7tNs oecurina in rrewsNPer. 1LariwO ter pubikatmn the sold f�i. S1tam a ad atfbwawd bdae fa of .1T1,- dd 1 RAautn) ICak of Ow QN0 GOW4 uwzum,R,)rer pima fbrtdel LEGEND A AGRICULTURAL DISTRICT R -I SINGLE FAMILY DISTRICT. C-1 COMMERCIAL DISTRICT M-1 RESTRICTED INDUSTRIAL PREPARED SYt INDIAN RIVER COUNTY PLANNING DEPT. Nonce33eirhwweit+oi+Pewen:iriuo'e:nime'oi Nance IS HEREBY GIVEN mat M, 1 -ria alert Ri9e, cm Board a C9Var Com' The Norm /63'Ot Sectiep Tb. Tw0.7ffi. Reap missbmn will hada Pottle P— we an Sag Irm9 West N tae (rest HpYWP.3 . Bm 01 yon", November 71, 1978 of 1:30 o'ciWY I-951 4m. ro me Canary Commissba Ream of rm The NWM633•PI SWIM S3. TwP.374 RAMP ndi- Rive, cab" ca "IN... Vero Besas, Pwride, for proposed toaarp cMrrges on me „The NWth6walsectbo S4TWILMRapgP fatarrne deurthed PraPertw6. at vrMch time. pert.es m mferest omi eMmw stun save an TAe ESSt n r d Sec"bo 14 Twp. AS. Reap oppWiamfrtpMhard: _ 398: A. Tne Seom 16P el SSCHYn H, Trp. 355. 3987 ealf ]7!• M Secllae A. Tp. 31L Rasp Range 388r ae seroned from C•1, Ca --hl a A. The Nath 660'o/SKNW >e, Twp.135, QonPe AytcuTA.lturat Pistrktl AND The !bate "r ad Sec"M 74 Trp. 314 RAMP RarrPa 398 West 3m• of 5mtbe O. Tey. 714 3TM ISWmffCel Sectbe 3r, Tr0.3f4Ropy � Wnt3m'ot Sed 34 T.P. $74 Rapp �Tlrosamla aseatae33.rrp.a4Ra�a a Hama tram e.4 ea�oefa a A. DiatrM Or R•1; WyU pan" The North 6n• a SMImf S4 Two. 33L Rim" Mum Rdolhartam" The SWm 6w of swim 77. Twp. 314. Raga BS"' � odea. Vic. CRabmPR SamThe NarthwafSecNwt3S,Tw.334Rwp Oct. 1477. iffl. 358+ VERO BEACH PRESS•JOII J PROPOSED ZONING REZONING AREA 0 WIN Rim in, ENEIM J PROPOSED ZONING REZONING AREA 0 S ATTORNEY COLLINS INFORMED THOSE PRESENT THAT THE COUNTY HAS ADVERTISED THE HEARING TODAY WITH A MAP SHOWING THE AREA INVOLVED AND YNCLUDING LEGAL DESCRIPTIONS OF THE AREAS SUBJECT TO REZONING. HE STATED THAT THE CLERK, PURSUANT TO STATUTE, HAS SENT A DIRECT.MAILING NOTICE TO THE INDIVIDUAL PROPERTY OWNERS AS EVIDENCED BY HER SWORN STATEMENT, WHICH WAS INCLUDED IN THE MINUTES OF THIS MORNING S HEARING AND IS AGAIN INCORPORATED IN THE MINUTES AS PERTAINING TO OSLO ROAD AND 43RD AVENUE. COPIES OF THE NOTICES ARE ON FILE IN THE OFFICE OF THE CLERK. NOV 2 11978 51 1 9 37 F 0 STATE OF FLORIDA COUNTY OF INDIAN RIVER I, Freda Wright, Clerk of the Circuit Court of Indian Fiver County, Florida, did on October 18, 19789 pursuant to direction of the Board of County Commissioners of Indian River County, mail the attached notice, Exhibit A, to the persons listed at the address indicated reflecting proposed re -zoning of their property as set forth in composite Exhibit B. Also enclosed with the notice the maps of the existing and proposed re -zoning of SR 512 and SR 510 and Oslo Road and 43rd Avenue, Exhibit C. In :fitness whereof I have hereunto set my hand and seal this day of October, 19.78. FREDA :-1RIGHT, CLER CIRCUIT COURT Sworn to and subscribed before me this -14ay of October, 1978 X/ fJ t ry PubYfc My Commission expires: NOTARY MLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES JULY 8 1932 QED THRL GEN.R.'A INS. UNDERWI;ITERi r+ NOV 211978 BOOK 37 PA.GE 37-7 tt� 1 A i WILL/\I.d_ X. SILL0 I, .IMI:-, .. I K, Uww S. SCHMUCKEti (,`�� .• ( R. DON QEESON . tai .r. U JENNINGS. Administrator 2145 14th Avenue Vero Beach, Florida 32140 October 1.3, 1978 .,:Gilbert E. & Mary E. Smith � ` Rte. 1 Box•1026 Fellsmere, Fla. 32948 RE: Proposed rezoning of property oxi each.side of State Road 510 and 512, Indian River County, Florida Dear Property Owner: In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning, as initiated by the Indian River County Planning and Zoning Commission, so that the zoning will be more in keeping with the existing, use and the Comprehensive Land Use Plan. The legal description of your property, which is under consideration, and maps of the existing zoning and rezoning, are attached for your irformatfon. A Public Hearingin relation thereto; will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission Room, in the'Indian River County Court- house, Vero Beach, Florida on November 21, 1978 at 9:00 o'clock A.M. f Sincerely, Freda Wright Clerk FW:ef Enclosures t • NOV 2x.1978 BOOK 37 PAGE37-0 J { �i:i': ✓lid S. 51 A. DON U,� Vero 2145 14th Avonue --- JENNINGS. Administrator , PROPERTY OWNER:mi th,lGilberBox E. and Mary E. Fellsmere, Fla. 32948 RANGE 37E LEGAL`..DESCRIPTION OF PROPERTY: SECTION Oo,TW'16391S, RA 0001 All lying in Indian River County, Fla. Fellsmere Farms Co. Sub. Tracts 1639, 1640, 1641, 1i 2, 1643 lying North of road be rezoned from C-1, Commercial LEGAL DESCRIPTION OF PROPERTY: SECTION 0p,TWP5441S, GE 37E Ool-RANGE All lying in Indian River County, Fla. 1554 Fellsmere Farms Co. Sub. The Sout1549x, androf 15 155acts 0, less 1001ft15strip5of,land and all of Tracts 1547, 1548, parallel to and off E. side of said Tracts, the W. line of the strip being 600 ft. side froof line of said Trs. and Trs. 1548 to 1554 inc. be, rezoned from C-1, Commercial to A -Agricultural. { t • wl ' y • P J FAGS NOV 21197 • NOV 211978 N -i sir '� •,. . PROPERTY OWNERS - 43rd AVE. REZONING STUDY - OSLO ROAD TO SOUTH COUNTY LINE Durrett, Forrest M. 606 5th Avenue W. Springfield, TN 37172 Graves, Jr., W. C. & Audrey Box 517 Vero Beach, Fla. 32960 Shulock, Michael F. & Ellen F. 2966 59th Avenue Vero Beach, Fla. 32960 Tripson, John R. & Charles R. Sexton P. 0. Drawer 1208 Vero Beach, Fla. 32960 Bishop, Robert C. 4701 N. Federal Hwy. 'Suite C-10 Ft. Lauderdale, Florida 33308 Graves, Jr., W. C. & Audrey P. 0. Box 517 Vero Beach, Fla. 32960 Graves, Jr., W. C. & Audrey P. 0. Box 517 Vero Beach, Florida 32960 Sexton, Charles R. P. 0. Drawer 1208 Vero Beach, Florida 32960 Troiano, Michael & Mary Ann 5801 S. W. 44th Terrace Miami, Florida 33155 Graves, Jr. , W. C. & Audrey Box 517 Vero Beach, Fla. 32960 Moody, Troy & Margaret ' Box H Vero Beach, Fla. 32960 Schawelson, Robert & Sandra I.1Qri-nom 2 Horse Hill Road Brookville, Glen Head, N. Y. 11545 Jo Bar Farms, Inc. Box 788 Vero Beach, Fla. 32960 NOV 211978 r J V PROPERTY OWNERS - OSLO ROAD REZONING STUDY - 122nd AVENUE TO 43rd AVENUE Withers & Harshman, Inc. Cook;. Jr., R. H. P. 0. Box 1299 710 Riomar Dr. , Sebring, Fla. 33870 Vero Beach, Fla. 32960 Aqua Linda Corp. Barnes,.Thomas Marshall (et al) Att.: Mr. Walter Thayer P. 0. Box 846 Grove 11 110 West 52st Street Vero Beach, Fla. 32960 Room 4600 New York, N. Y. 10020 Durrett, Forrest M. 606 5th Avenue W. Cocoa Cola Co. Springfield, Tn. 37172 Attention: Tax Dept- eptP. 0. Box 247 P. Helseth, Phillip R., Jr. and Karen and' Auburndale, Fla. 33823 Philip R. and Patsy E. Helseth Box 53 R. W. Graves, Inc. Vero Beach, Fla. 32960 P. 0. Box 1172 Vero Beach, Fla. 32960 Quade, Vincent F. P. 0. Box 547 Houck, Philip H. (TR) Vero Beach, Fla. 32960 P. 0. Box 3569 Beach Station Vero Beach, Fla. 32960 Packers of Indian River, Inc. Box 2468 Keene, R. Bruce & Barbara J. (et al) Vero Beach, Fla. 32960 856 Lake Howell Rd. Maitland, Fla. 32751 Nolte, David C. P. 0. Box 3521 Cardinal Groves, Inc. Vero Beach, Fla. 32960 P. 0. Box 365 Greenville, Ky. 42345 O'Rouke, Joseph E. and Judith T. Rt 1 Box 65R Morris, L. Allen, Trustee Vero Beach, Fla. 32960 KAI Properties 1000 Brickell Bldg. 12th Floor S.T.B. Corp. Miami, Fla. 33131 c/o. Walter S. Buckingham P. 0. Drawer 1208 Moore, W. Wallace,'Jr. Vero.Beach, Fla. 32960 3408 Wisconsin Ave., N.W. Washington, D. C. 20016 Blue Goose Growers, Inc.. • P. 0. Box 589 Newman, Robert W. (et al) Fullerton, Ca. 92632 Time & Life Bldg. Room 4016 Rockefeller Center Lykes Pasco Packing Co. New York, N. Y. 10020 P. 0. Box 97 • Dade City, Florida 33535 Knight, C. Reed, Jr. and Jan. R. 1306 29th Street Gracewood, Inc. (et al) Vero Beach, Fla. 32960 P. 0. Box 370 Vero Beach, Fla. 32960 Helseth, Jr., Phillip R. & Karen E. and Philip R. and Patsy E. Helseth Knight, C. Reed and John R. and Box 53 Jean L. Gould Vero Beach, Fla. 32960 P. 0. Box 6310 . Vero Beach, Fla. 32960 Miller, Howard L. and Gladys Beatty 105 Cedarwood Park Aiken, S. C. 29801 . Prince, Philip H. Celeste Orr 1052 Otis Blvd. Spartanburg, S. C. 29302 Banyan Groves, Inc. Rt. 1 Box 257 Vero Beach, Fla. 32960 r J I i I 707� F-5, moo PLANNING DIRECTOR REDICK INFORMED THOSE PRESENT THAT THE .FIRST AREA TO BE CONSIDERED IS THE AREA FROM THE WEST BOUNDARY OF SECTION 19, TOWNSHIP 33, RANGE 38, WHICH IS 122ND AVENUE, FOR A DISTANCE OF 660' BOTH NORTH AND SOUTH OF THE CENTER LINE OF OSLO ROAD MOVING EAST TO THE CENTER LINE OF 1-95. THE EXISTING ZONING IN THE AREA IS C-1 COMMERCIAL, AND THE EXISTING LAND USES IN THE AREA ARE IN GENERAL AGRICULTURAL OR VACANT. THE PROPOSED CHANGE IN ZONING IS TO A -AGRICULTURAL, AND THE REASON FOR THE CHANGE IS THAT THERE IS AN AMOUNT OF COMMERCIAL AREA WITHIN THE COUNTY THAT FAR EXCEEDS THAT WHICH CAN BE USED IN THE FORESEEABLE FUTURE. THE PLANNING DIRECTOR FELT THE AREA IN QUESTION HAS LITTLE REASON TO BE COMMERCIAL AS THERE ARE NO SPECIFIC SITUATIONS THAT MAKE IT A NATURAL COMMERCIAL AREA. THERE IS NO INTERCHANGE AT THE INTERSECTION OF 1.-95, AND HE DID NOT FEEL IT IS NECESSARY TO HAVE COMMERCIAL IN THAT AREA, ALTHOUGH IT WAS DISCUSSED AND COULD BE IN THE "TASTER PLAN FOR SOME FUTURE TIME. THE COMPREHENSIVE PLAN IS AGRICULTURAL IN THAT AREA, AND IT IS RECOMMENDED THAT THE AREA BE REZONED TO AGRICULTURAL. COMMISSIONER LYONS ASKED IF THERE IS ANY INTERCHANGE EVER CONTEMPLATED AT OSLO ROAD AND 1-95, AND THE CHAIRMAN STATED THAT WE HAVE NO INDICATION THAT THERE IS. COMMISSIONER Loy POINTED OUT THAT WE TRIED DESPERATELY TO GET AN INTERCHANGE THERE, BUT WERE UNSUCCESSFUL. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. BILL GRAVES CAME BEFORE THE BOARD REPRESENTING BANYAN GROVES. HE STATED THAT THEIR GROVE IS RIGHT NEXT TO 1-95, AND HE FEELS THEY HAVE BEEN DISCRIMINATED AGAINST BECAUSE THERE I.S GOING TO BE COMMERCIAL ON THE OTHER SIDE OF 1-95. HE FURTHER NOTED THAT THE DOT WANTS 0.3 ACRES FROM THEM, AND THEY ARE JUST WAITING FOR THE TIME WHEN THE PROPERTY MAY BE REZONED TO AGRICULTURAL BECAUSE IT WILL NOT BE WORTH AS MUCH. MR. GRAVES STATED THAT HE DID NOT SEE HOW THE BOARD CAN SAY THERE IS TOO MUCH COMMERCIAL LAND - WHO IS THE JUDGE? HE CONTINUED THAT HE WOULD HATE TO SEE IT GO FROM AGRICULTURAL TO COMMERCIAL AND -BACK AGAIN AND WOULD LIKE IT TO REMAIN AS IT IS. 59 BOOK • NOV 2 11978 0 9 r COMMISSIONER LYONS ASKED WHETHER HE WOULD FEEL THE SAME IF THE STRIP TO BE REZONED WERE ON THE EAST SIDE OF I-95, AND MR. GRAVES STATED THAT HE WOULD STILL ARGUE THE POINT, BUT WOULD NOT FEEL QUITE SO STRONGLY ABOUT IT AS HE WOULD NOT FEEL IT WAS, DISCRIMINATORY. COMMISSIONER SIEBERT POINTED OUT THAT AGRICULTURAL IS A HOLDING ZONE AND NOT A PERMANENT USE OF THE LAND. THE BOARD RECOGNIZES THAT THERE IS A TIME WHEN IT BECOMES ECONOMICALLY UNFEASIBLE TO DEVELOP LAND IN CITRUS, AND THIS IS A HOLDING ZONE WHICH CAN BE CONVERTED AT A FUTURE DATE, MR. -GRAVES STATED THAT HE WOULD RATHER HOLD IT THE WAY IT IS PRESENTLY HELD. HE NOTED THAT AT ONE MEETING HO PEOPLE WERE PRESENT, ALL WITH THE SAME VIEWPOINT. COMMISSIONER SIEBERT ASKED IF SIR. GRAVES WOULD FEEL BETTER ABOUT IT IF THE COMPREHENSIVE LAND USE PLAN SHOWED THE GENERAL VICINITY AS BEING COMMERCIAL, WHICH WOULD MAKE IT EASIER TO GET A REZONING LATER AND MR. GRAVES STATED THAT WOULD BE A POOR SECOND CHOICE. C. REED KNIGHT, JR., NEXT APPEARED AND NOTED THAT HE HAD A PIECE OF PROPERTY HE SOLI} IN THIS AREA AND SOLD IT ON THE PRETENSE IT WAS COMMERCIAL. HE ALSO NOTED THAT AT A MEETING HELD A FEW WEEKS AGO ABOUT HO PEOPLE WERE PRESENT, AND NO ONE WAS IN FAVOR OF CHANGING THE COMMERCIAL ZONING. HE STATED THAT THE PLANNING & ZONING BOARD HELD THE MEETING, AND IT WAS PRETTY APPARENT TO MOST PEOPLE THAT THEY DIDN'T WANT TO BE CONFUSED BY THE FACTS AND THAT THEIR MINDS WERE MADE UP BEFORE THEY CAME TO THE MEETING. HE STATED THAT HE ASKED THEM IF THEY WERE AWARE OF THE FACT THAT OSLO ROAD WAS PROPOSED TO BE PAVED OUT TO THE DIKE LINE. HE DID NOT FEEL ANYONE REALLY HAD ANY OBJECTION WEST OF THE INDIAN RIVER FARMS DIKE LINE AND NOTED THAT OCEAN SPRAY IS IN THERE, AND THE PRISON AND THE DISPOSAL AREA, HE FURTHER NOTED THAT THERE IS A RED LIGHT ON RANGE LINE ROAD AND OSLO NOW, .AND THE AREA IS BUILDING UP. MR. KNIGHT STATED THAT HE DIDNIT WISH TO HAVE LOTS OF LITTLE COMMERCIAL AREAS ALL OVER THE COUNTY, BUT FELT THIS PARTICULAR AREA IS DEFINITELY AN INDUSTRIAL AREA. AS TO THIS BEING A TEMPORARY HOLDING ZONE, HE STATED THAT ONE OF THE COMPLAINTS THE VARIANCE BOARD HAS IS THAV IT IS COSTLY AND TIME CONSUMING TO CHANGE BACK AND FORTH FROM AGRICULTURAL TO INDUSTRIAL. .4 S m COMMISSIONER SIEBERT NOTED THAT MR. KNIGHT SAID HE WAS NOT IN FAVOR OF HAVING LITTLE POCKETS OF COMMERCIAL ALL THE WAY BACK FROM I-95 TO U.S. 1. MR. KNIGHT FELT EVENTUALLY THIS IS ALL GOING TO BECOME COMMERCIAL JUST LIKE PAST 43RD AVENUE OUT TO THE CITY LIMITS. COMMISSIONER SIEBERT STATED HE MIGHT AGREE IF 1-95 HAD AN INTERCHANGE, COMMISSIONER LOY NOTED THAT EVEN THOUGH IT DOESN'T HAVE AN INTERSECTION AND WE DO NOT SEE ONE IN THE FUTURE, SHE DOES THINK OSLO IS GOING TO BE A MAIN THOROUGHFARE IN THE COUNTY. SHE ASKED WHAT MR.. KNIGHT WOULD THINK OF A B-1 PLANNED BUSINESS DISTRICT, WHICH IS A COMMERCIAL DISTRICT, BUT A LITTLE MORE RESTRICTIVE AND REQUIRES A 75' SETBACK OFF THE MAIN ROAD. SHE FELT THIS ACTUALLY PROMOTES A HIGHER GRADE OF COMMERCIAL DEVELOPMENT. PSR. KNIGHT STATED THAT HE WAS NOT FAMILIAR WITH THIS, BUT DID KNOW THAT ABOUT THE ONLY THING LEFT IN THE CITY LIMITS FOR INDUSTRIAL IS THE AIRPORT PROPERTY. HE NOTED THAT IF WE ARE TO GROW, WE MUST HAVE INDUSTRIAL AREA. RALPH LINDSEY APPEARED REPRESENTING ROBERT NEWMAN, AND STATED THAT MR, NEWMAN REQUESTS THAT THE BOARD KEEP THIS PROPERTY COMMERCIAL FOR HIS PLANS INTHEFUTURE. THAT AREA NOW IS IN CITRUS, AND MR. NEWMAN HAS PLANS FOR A PACKING HOUSE. DISCUSSION FOLLOWED ON WHETHER THIS IS ALLOWED IN AGRICULTURAL ZONING. MR. REDICK FIRST STATED THAT AGRICULTURALLY ORIENTED BUSINESSES ARE SPECIAL EXCEPTIONS IN AGRICULTURAL ZONING, BUT THEN NOTED THAT THIS DOES NOT INCLUDE PROCESSING OPERATIONS. ROY HOGAN NEXT APPEARED AND STATED THAT HE AGREED WITH SIR. KNIGHT THAT FROM 1-95 WEST TO THE ST. .JOHNS DRAINAGE DISTRICT, 98TH ST., SHOULD REMAIN COMMERCIAL THE WAY IT IS. HE STATED THAT HE DID NOT BELIEVE IN HAVING JUST A LITTLE AREA REMAIN COMMERCIAL BECAUSE THOSE PEOPLE OUT THERE NEED SERVICES AND NOW HAVE TO COME ALL THE WAY TO VERO. EVEN NOW SINCE WE HAVE THE OCEAN SPRAY INDUSTRY, THE PRISON AND THE DUMP, THERE IS A LOT OF TRAFFIC'ON THAT ROAD, AND HE FELT IT WILL HAVE TO BE A COMMERCIAL THOROUGHFARE IN THE FUTURE. THEREFORE, HE WOULD LIKE TO SEE IT REMAIN THE WAY IT IS. 61 D m CHAIRMAN WODTKE NOTED THAT THIS BOARD MUST MAKE THE DETERMINA- TION AS TO WHERE THE'BEST AREA IS FOR THE COMMERCIAL AND STATED HE DID NOT FEEL IT IS IN THE BEST INTERESTS OF ANYONE TO HAVE MILE AFTER MILE OF STRIP COMMERCIAL DEVELOPMENT FOR MANY REASONS. HE AGREED THAT IN THE NEIGHBORHOOD OF 1-95 AND OCEAN SPRAY THERE WILL BE A NEED FOR COMMERCIAL DEVELOPMENT, BUT DID NOT FEEL IT NEEDS TO EXTEND ALL THE WAY OUT TO THE DRAINAGE DISTRICT OR THE FULL LENGTH OF THE ROAD. HE FELT THERE IS ENOUGH COMMERCIAL ON THAT ROAD TO BE EQUIVALENT TO THE COMMERCIAL IN THE WHOLE CITY OF VERO BEACH. THE CHAIRMAN CONTINUED, THAT BASICALLY. AS IT STANDS NOW, IF ANY OF THOSE OWNERS WISH TO COME .1-N AND PULL A PERMIT AND PUT IN A GAS STATION, THEY CAN DO IT. THE BOARD MUST DECIDE IF THAT IS THE TYPE OF DEVELOPMENT THE AGRICULTURAL PEOPLE REALLY WANT OR WHETHER IT IS PROPER FOR RESIDENTIAL AREAS. THE CHAIRMAN HOPED THAT IT WILL BE A LONG TIME BEFORE THAT AREA WILL BE USED FOR ANYTHING BUT AGRICULTURE AND FURTHER HOPED THAT BY THE TIME COMMERCIAL IS NEEDED, WE WILL HAVE PLANNED UNIT DEVELOPMENT OR A METHOD TO ADDRESS THE NEED PROPERLY. HE SAW NO PROBLEM WITH ALLOWING SOME COMMERCIAL ON BOTH SIDES OF THE INTERSECTION. MR-. REDICK STATED THAT THE PLANNING & ZONING COMMISSION IS RECOMMENDING THAT THE ENTIRE NORTH PART OF SECTION 25 AND 30 AND THE SOUTH OF SECTION 24 BE LEFT ZONED COMMERCIAL AND THAT THE INDUSTRIAL AREA BE LEFT EAST OF I-95. THIS WOULD LEAVE TWO MILES OF COMMERCIAL ON THE SOUTH SIDE AND ONE MILE ON THE NORTH SIDE, PLUS THE M-1 DISTRICT. IT WAS NOTED THAT THERE IS NO COMMERCIAL USE BEING MADE OF THE C -I AT ALL AT PRESENT. C. REED KNIGHT, JR., CAME BEFORE THE BOARD AGAIN AND STATED THAT HE SPOKE EARLIER AS A CONCERNED CITIZEN AND NOW WISHES TO SPEAK AS A PERSONAL PROPERTY OWNER OF LAND IN THE SECOND AREA TO BE CONSIDERED THIS AFTERNOON. HE STATED THAT HE UNDERSTANDS THE BOARD'S POSITION] THAT ORIGINALLY THIS PROPERTY WAS ZONED IN A HAPHAZARD MANNER, AND THIS MUST BE CORRECTED AS THE COUNTY IS GROWING SO FAST. HE FURTHER NOTED THAT HE REALIZES THE COMPREHENSIVE LAND PLAN NEEDS TO BE IMPLEMENTED, BUT STATED THAT HE FEELS THERE HAS BEEN SOME MISUNDERSTANDING ABOUT THE PLAN WHICH WAS PRESENTED ORIGINALLY JUST AS A GUIDE AND NOW WILL BECOME NODI 2 11978 62 potx 37 . J LAW. MR. KNIGHT CONTINUED THAT OSLO HAS HAD THE HIGHEST GROWTH RATE IN THE COUNTY. OCEAN SPRAY HAS JUST PUT A PLANT IN THE INDUSTRIAL PARK AREA; HERCULES PECTIN HAS JUST PUT A MILLION DOLLAR WELL IN THE AREA WHICH MAKES IT THE MOST DESIRABLE FOR DISPOSAL OF CHEMICAL WASTE IN THE UNITED STATES. HE STATED THAT THIS HAS CAUSED A TREMENDOUS INQUIRY FROM PEOPLE WISHING TO BUILD INDUSTRIAL PLANTS IN THIS AREA. MR. KNIGHT STATED THERE WILL BE A NEW CENTER AT OSLO AND U.S. 1; THE CORRECTIONAL INSTITUTE IS GROWING; AND THE PAVING OF OSLO ROAD FROM I-95 TO THE DRAINAGE DISTRICT INDICATES THAT THE STATE THINKS THIS IS A GROWING AREA. HE STATED THAT HE DID NOT FEEL THE PLANNING & ZONING BOARD HAD DONE THEIR HOMEWORK BECAUSE THEY DID NOT EVEN KNOW THIS ROAD WAS GOING TO.BE PAVED, MR. KNIGHT CONTINUED THAT HE FELT THE NEW ZONING PROPOSED WOULD BE VERY MUCH SPOT ZONING BECAUSE YOU WOULD HAVE C-1, SKIP AN AREA,AND THEN HAVE MORE C-1. HE FURTHER NOTED THAT THE PROPOSED RECOMMENDED ZONING WAS APPROVED ONLY BY A 3-2 VOTE AT THE PUBLIC HEARING, WHICH WOULD ACTUALLY MEAN THAT BASICALLY ONE PERSON WAS RESPONSIBLE FOR THE CHANGE IN ZONING, WHICH HE DID NOT FEEL WAS DEMOCRATIC. HE NOTED THAT IF THIS PROPERTY WERE TO BE CHANGED TO AGRICULTURAL, THE VALUE WOULD DROP, AND PEOPLE COULD BUY IT AND BUILD A HOME ON A FIVE ACRE PIECE. CHAIRMAN WODTKE ASKED IF MR KNIGHT WERE INDICATING THAT HE WOULD LIKE TO HAVE THE AGRICULTURAL CHANGED TO RESIDENTIAL, AND MR. KNIGHT STATED THAT HE WOULD HAVE NO OBJECTION TO THAT. PLANNING DIRECTOR REDICK POINTED OUT THAT IT IS NOT THE USUAL PROCEDURE FOR COMMERCIAL TO COME IN FIRST AND THEN RESIDENTIAL - IT IS THE OTHER WAY AROUND. HE CONTINUED THAT AT THE PRESENT TIME THE ENTIRE AREA IS AGRICULTURAL IN USE. HE STATED THAT THERE HAVE BEEN NO PROBLEMS TO HIS KNOWLEDGE IN CHANGING ANY OF THE PLANNED AREA TO RESIDENTIAL. HE FELT ESSENTIALLY THE ONLY WAY FROM AN ECONOMIC STANDPOINT YOU WILL GET ANY MAJOR COMMERCIAL DEVELOPMENT IN THE AREA IS IF YOU FIRST HAVE A MARKET FOR THAT COMMERCIAL AREA. THE PLANNING DIRECTOR NOTED THERE IS NO MARKET FOR COMMERCIAL IN THIS AREA BECAUSE THERE IS NO POPULATION TO BE SERVED. HE FELT THE PLANNING & ZONING BOARDS RECOMMENDATION FOR REMOVAL OF THIS AREA TO THE WEST IS BASED ON THE FACT THAT THERE IS NO MARKET FOR COMMERCIAL IN THE AREA IN THE FORESEEABLE FUTURE. 63 NOV 21 1978 F�. L FJ I s COMMISSIONER LYONS STATED THAT HE IS CURIOUS ABOUT THE PAVING OF THIS ROAD WEST AND ASKED IF THE TRAFFIC COUNTS JUSTIFY THIS. COMMISSIONER Loy STATED THAT THIS IS A VERY IMPORTANT ROAD IN THE FARM -TO -MARKET PROCEDURE, AND IT IS ON OUR PRIORITY LIST. IT IS NOT STRICTLY THE STATE WHO WANTS THIS; WE WANT IT ALSO, CHAIRMAN WODTKE ASKED IF THE BOARD WANTED TO WAIT AND VOTE ON THE MATTERS TOGETHER OR MAKE DECISIONS SEPARATELY. COMMISSIONER SIEBERT COMMENTED THAT IN SOME WAY WE HAVE TO REDUCE THE GENERAL TOTAL ACREAGE FOR COMMERCIAL ALONG OSLO ROAD. THERE IS JUST TOO MUCH OF IT. HE STATED THAT HE DID NOT LIKE THE IDEA OF RESTRICTING ALL THE COMMERCIAL TO THE EAST OF 1-95; THAT HE FELT THERE SHOULD BE SOME B-1 TO THE WEST. COMMISSIONER LYONS NOTED THAT 1-95 DOESN'T ACTUALLY PRESENT A BARRIER. MR. HOGAN POINTED OUT THAT THE BOARD WOULD BE CUTTING OUT SIX MILES IF THEY CUT OUT THE COMMERCIAL TO THE WEST. COMMISSIONER Loy SUGGESTED THAT THE COMMERCIAL BE LEFT. FROM 1-95 OUT TO 90TH AVENUE ON THE WEST SIDE. COMMISSIONER SIEBERT STATED THAT HE WOULD RATHER SEE IT PLANNED BUSINESS, BUT THAT CANNOT BE DONE RIGHT NOW. COMMISSIONER LYONS STATED THAT HE FELT THAT TO EXTEND THE COMMERCIAL TO 90TH AVENUE WAS A LOT OF TERRITORY, AND HE WOULD VOTE TO GO HALF THAT FAR, PHIL HOUCK INFORMED THE BOARD THAT HE OWNS PROPERTY IN SECTION 27 AND PRESENTLY THE NORTH HALF IS ZONED COMMERCIAL JUST AS IT WAS WHEN HE BOUGHT THE LAND, AND POINTED OUT THAT THE ROAD HAS BEEN ZONED COMMERCIAL SINCE 1955, HE FELT IT HASN'T HURT ANYTHING AND WHY CHANGE IT? CHAIRMAN WODTKE NOTED THAT THE REASON IS THAT WE CANNOT HAVE MILE AFTER MILE OF STRIP ZONING THROUGHOUT THE ENTIRE COUNTY.. HE POINTED OUT THAT ZONING IS NOT AN INHERENT RIGHT YOU HAVE WITH YOUR PROPERTY, AND CONTINUED THAT ALTHOUGH THE PROPERTY MAY HAVE BEEN ZONED COMMERCIAL, IT HAS NOT BEEN UTILIZED AS COMMERCIAL BUT AS AGRICULTURAL, AND MAYBE THAT IS THE WAY IT SHOULD BE ZONED. YOU CAN ARGUE EITHER WAY. 64 F , i 37 MR. HOUCK THEN DISCUSSED THE USE OF THE ROAD, COMMENTING THAT THE 1-95 TRAFFIC HAD BEEN DIVERTED ONTO IT AND THAT IT IS A`TRAFFIC STREET AND A LOGICAL PLACE TO HAVE COMMERCIAL ZONING. COMMISSIONER Loy POINTED OUT THAT HE BASICALLY WAS REFERRING. TO 1-95 EAST, WHEN HE REFERRED TO THE BY-PASS. MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THAT THE SOUTH 660' OF SEC. 19, TwP. 33S, RANGE 38E; THE NORTH 660' OF SEC. 30, TwP. 33S, RANGE 38E; THE SOUTH 660' of SEC. 20, TwP. 33S, RANGE 38E; THE NORTH 660' OF SEC, 291 TwP. 33S, RANGE 38E; THE SOUTH 660' OF SEC. 21, TwP, 33S, RANGE 38E; THE NORTH 660' OF SEC. 28, TwP. 33S, RANGE 38E;. THE SOUTH•660' OF SEC. 221 TwP. 33S, RANGE 38E; AND THE NORTH 660' OF SEC. 27, TwP. 33S, RANGE 38E; STOPPING AT 90TH AVENUE; BE REZONED FROM C-1 COMMERCIAL TO A -AGRICULTURAL IN LINE WITH THE BOARD'S EFFORTS TO FOLLOW THE DIRECTION OF OUR COMPREHENSIVE MASTER LAND USE PLAN�TO CUT DOWN THE•COMMERCIAL AREAS THAT ARE NOT BEING USED,AND SUPPORT THE RECOMMENDATION OF THE PLANNING DEPART- MENT FOR REASONS OF GOOD PLANNING. COMMISSIONER LYONS STATED THAT HE IS WILLING TO GO ALONG WITH AN EXTENSION OF COMMERCIAL ON THE WEST, BUT DOES NOT UNDERSTAND WHY WE SHOULD GO SO MUCH FURTHER ON THE EAST SIDE. HE NOTED WE HAVE GOT A ' STRIP NOW GOING FOR THREE MILES, WHICH IS A BIG HUNK OF PROPERTY. HE FELT POSSIBLY JUST A MILE ON EACH SIDE MIGHT BE PREFERABLE. COMMISSIONER LOY NOTED THAT ON THE EAST YOU HAVE A LITTLE DIFFERENT SITUATION WITH EXISTING USES, AND POINTED OUT THIS MOTION ONLY DEALS WITH THE AREA WEST OF 1-95. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED WITH COMMISSIONER LYONS VOTING IN OPPOSITION. AREA 2 - SOUTH SIDE OF OSLO EAST OF 1-95 FROM 66TH AVENUE TO THE CENTER LINE OF 43RD AVENUE. MR. REDICK NOTED THAT WE ARE NOT CONSIDERING THE NORTH SIDE WHICH IS ALREADY ZONED AGRICULTURAL, NOR ANYTHING BEYOND 43RD. HE NOTED 65 NOV 211978 jn7m489, J 0 THAT THE PLANNING & ZONING COMMISSION FELT THAT THEY LEFT SUFFICIENT COMMERCIAL IN THAT PARTICULAR AREA AND THAT THERE WAS NO SPECIFIC REASON THIS AREA WAS PARTICULARLY SUITABLE FOR COMMERCIAL. THEY, THEREFORE, RECOMMEND THAT FROM THE EAST LINE OF SECTION 30 TO 43RD AVENUE BE.CHANGED FROM C-1 TO AGRICULTURAL. REED KNIGHT, .JR., INFORMED THE BOARD THAT HE WOULD LIKE TO SPEAK IN REGARD TO HIS PARTICULAR PIECE OF PROPERTY WHICH IS IN THIS SECTION AT THE CORNER OF 58TH AVENUE AND OSLO ROAD, HE STATED THAT HE FEELS THIS IS A VERY PRIME INTERSECTION BECAUSE IT GOES TO AND FROM THE INDUSTRIAL PARK AND IS ALSO THE FIRST THROUGHWAY TO RT. 60. TRAFFIC ON IT COMES ALL THE WAY FROM WABASSO AND FELLSMERE. HE NOTED THAT THIS INTERSECTION NOW HAS A BLINKER LIGHT AND HE FEELS IT WILL HAVE A RED LIGHT PRIOR TO THE INTERSECTION AT 43RD BECAUSE OF THE TRAFFIC GOING TO THE INDUSTRIAL PARK, MR. KNIGHT, THEREFORE, FELT THE PARK SHOULD HAVE SOME COMMERCIAL ZONING TO SUPPORT IT AND THAT THE COMMERCIAL ZONING SHOULD BE AT THIS INTERSECTION. HE STATED THAT THE MASTER PLAN SHOULD BE STUDIED AND UPDATED TO THE PRESENT CONDITIONS BEFORE THE PROPERTIES ARE REZONED AND FELT THE REZONING AT THIS TIME IS BEING DONE WITHOUT THE PROPER STUDY AND THAT TRAFFIC COUNTS AND DOT RECOMMENDATIONS ARE NOT BEING CONSIDERED. MR. KNIGHT STATED THAT HE DOES NOT FEEL THE MASTER PLAN IS PROPERLY DEFINED AND IF AGRICULTURAL IS TRULY A HOLDING ZONE, IT SHOULD BE SO DESIGNATED, BECAUSE UNTIL IT IS, WE CANNOT ACCEPT IT FOR A REALITY. HE FEARED THAT IF THE PROPERTY IS ZONED AGRICULTURAL, IT WILL BE DIFFICULT AND EXPENSIVE TO CHANGE IT BACK. IN REGARD TO B-1 ZONING, HE STATED THAT HE IS ALL IN FAVOR OF A 75' SETBACK BECAUSE HE FEELS OSLO WILL SOME BE FOUR-LANED. HE SUGGESTED THAT THIS MATTER BE TABLED UNTIL THESE IDEAS ARE FINALIZED AND CHANGED. COMMISSIONER LYONS INQUIRED WHAT TYPE OF COMMERCIAL VENTURE HE WAS THINKING ABOUT FOR THIS INTERSECTION, AND MR. KNIGHT STATED THAT IT WOULD BE A SERVICE AREA FOR THE INDUSTRIAL PARK WITH POSSIBLY A CONVENIENCE STORE, A REPAIR SHOP, ,ETC. ATTORNEY STEVE HENDERSON CAME BEFORE THE BOARD REPRESENTING BOB AND NANCY COOK, WHO HAVE A 40 ACRE TRACT IN SECTION 29. HE STATED THAT HE AGREED WITH MR. KNIGHT ABOUT THE INTERSECTION AT 58TH AVENUE AND BOOK 3 7 PAGE uu ml B V 4 .r OSLO, BUT DID NOT AGREE THAT IT WOULD DEVELOP SOONER THAN THE INTER- SECTION AT 43RD AVENUE. MR. HENDERSON ASKED WHY THE REZONING WAS TAKING PLACE NOW TO IMPLEMENT THE MASTER PLAN AND WHY IT COULDN'T WAIT UNTIL THE PLAN IS ADOPTED. HE STATED THAT THEY SEE LITTLE'BASIS FOR STOPPING THE C-1 AT THE EDGE OF SECTION 30 AND NOT CONTINUING IT AND ALSO DO NOT SEE THE RATIONALE OF STOPPING TWO MILES FROM OCEAN SPRAY INSTEAD OF ONE. HE POINTED OUT THAT RIGHT ACROSS THE STREET FROM THE COOK'S PROPERTY IS HYATT'S PACKING HOUSE, ONE OF THE FEW EXISTING USES OUT THERE. HE DISCUSSED THE NEWNESS OF THE PACKING PLANT AND FELT IF IT IS IN AN INDUSTRIAL ZONE, THE ZONING ACROSS THE STREET FROM IT SHOULD STAY, COMMERCIAL. T. M. BARNES, JR., APPEARED REPRESENTING HIS FATHER WHO HAS OWNED PROPERTY IN THIS AREA FOR ABOUT 15 YEARS. HE STATED THAT HIS FATHER IS IN THE CITRUS BUSINESS AND PLANS TO CONTINUE, BUT HE FEELS VERY BETRAYED BECAUSE THE ZONING HAS BEEN CHANGED BACK AND FORTH. HE NOTED THAT THEY DO NOT BELIEVE THE PROPERTY WILL ALL STAY CITRUS BECAUSE OF THE PRESSURES FORCING THEM TO CHANGE, AND THEY WOULD PREFER, TO HAVE THE PROPERTY LEFT AS IT IS. SNR. BARNES CONTINUED THAT THEY ALSO FEEL DISCRIMINATED AGAINST BECAUSE THEY ARE RIGHT AT 66TH AVENUE ON THE BORDERLINE OF THE COMMERCIAL AREA AND DO BELIEVE THIS IS ARBITRARY. MR. BARNES FELT THERE WERE SOME ALTERNATIVES TO THE PLANS WHICH WERE OFFERED AND ALSO FELT SOME OF THE DECISIONS IGNORE SOME VERY BASIC ECONOMIC ASPECTS. HE NOTED THAT THE BOARD IS SAYING THERE ARE NO MARKETS FURTHER WEST, BUT HE FELT THIS IS BEING DETERMINED BY THE BOARD'S ACTIONS. HE NOTED THAT AT THE PLANNING AND ZONING BOARD'S PUBLIC HEARING THERE WAS A VERY LARGE NUMBER OF PEOPLE PRESENT, AND HE FELT THIS IS AN INSTANCE OF HOW GOVERNMENT DOES NOT RESPOND TO THE TAXPAYERS. MR. BARNES POINTED OUT THAT JUST BY REDUCING SO MANY MILES OUT IN ST. .JOHN'S MARSH, YOU j HAVE CUT OFF.SIX MILES OF COMMERCIAL. HE STATED THAT THESE DECISIONS HAVE A FAR REACHING ECONOMIC IMPACT AND THAT IT IS NAIVE TO SAY IF ACROSS THE ROAD THE PROPERTY CAN BE USED COMMERCIALLY AND THEIRS CANNOT, THAT THERE IS NOT DEFINITELY AN INFLUENCE ON THEIR LAND. HE CONTINUED THAT MARKETS AND ECONOMIC IMPLICATIONS WOULD BE CHANGED DRAMATICALLY BY THE PROPOSED ZONING CHANGE, AND THEY WANT IT TO STAY AS IT IS. NOV 210978 67 t?�K 7 pAu I 9 VINCENT QUAY INFORMED THE BOARD THAT HE OWNS PROPERTY ABOUT 1,000' WEST OF 43RD AVENUE ON THE SOUTH SIDE. WHEN HE BOUGHT THIS PROPERTY IT WAS COMMERCIAL. HE CONTINUED THAT HE HAD TO TEAR DOWN ABOUT 1500 TREES BECAUSE OF SOME INFECTION, AND IT WOULD NOT PAY HIM TO PUT A GROVE IN AT HIS AGE. HE FELT THE PROPOSED REZONING WOULD DOWNGRADE HIS PROPERTY AND THAT HE WOULDN'T BE ABLE TO GIVE IT AWAY. IF IT REMAINED COMMERCIAL, HE COULD BUILD MINI -WAREHOUSES, ETC., AND HE, THEREFORE, WISHED TO HAVE HIS 40 ACRE TRACT REMAIN ZONED COMMERCIAL. COMMISSIONER SIEBERT NOTED THAT MR. QUAY HAD THIS PROPERTY UP FOR SALE WHEN IT WAS COMMERCIAL AND THERE WERE NO TAKERS. MR. QUAY STATED THAT HE HAD A HIGHER PRICE ON IT FOR COMMERCIAL, AND COMMISSIONER SIEBERT FELT, IN VIEW OF THE FACT THAT NOBODY DID PURCHASE IT, IT WOULD INDICATE THERE REALLY ISN'T THE DEMAND FOR COMMERCIAL IN THAT AREA. PATSY HELSETH CAME BEFORE THE BOARD AND STATED THAT SHE AND HER HUSBAND OWN EO ACRES IN THIS AREA AND WISH TO GO ON RECORD AS OPPOSING THE PROPOSED REZONING. SHE NOTED THAT THEY ARE OLD TIMERS AND HAVE HAD GROVES HERE SINCE THEY WERE STARTED AND THEY FEEL VERY STRONGLY ABOUT THE WHOLE THING. THEIR PROPERTY IS ON BOTH THE SOUTH AND NORTH SIDES OF OSLO ROAD. REED KNIGHT, SR., COMMENTED THAT MOST OF THIS CITRUS GROVE IS OLD GROVE AND IS ON THE WAY OUT. SOME OF IT IS FROM 40 TO SO YEARS OLD. THE NEW GROVES ARE ON LAND THAT IS UNDESIRABLE BECAUSE DOLLARS ARE INVOLVED. HE NOTED THAT THEY HAVE OFFERED MORE MONEY THAN CITRUS PRICE FOR PROPERTY NEAR THE INDUSTRIAL AREA, AND OTHER LAND THEY TRIED TO BUY HAS BEEN PULLED OFF THE MARKET. MR. KNIGHT STATED THAT.WHEN YOU CHANGE THE ZONING DOWN, YOU DEVALUATE. HE THEN SPOKE OF PEOPLE SPECULATING FROM LOOKING AT THE LAND USE i•IAP. COMMISSIONER Loy WISHED TO HEAR DISCUSSION ON 43RD AVENUE AND FELT THAT PART OF.IT IS GOOD LOCATION FOR COMMERCIAL. MR. REDICK STATED THAT THEY HAVE BEEN WORKING ON A NEW COMPRE- HENSIVE PLAN AND ARE IN THE PROCESS OF DOING A LAND USE CAPABILITY ANALYSIS TO TRY TO DETERMINE FEASIBILITY AND WHAT THE BEST USES ARE. NOV 211978 BOOK 37 FnE392' 39 0 IN REGARD TO THE INTERSECTION AT 58TH AND OSLO,MR. REDICK CONTINUED THAT THEY WILL BE LOOKING AT THE AREA IN A DIFFERENT MANNER THAN THEY HAVE BEEN AT THE PRESENT TIME, AND HE FELT VERY STRONGLY THAT THERE WILL BE SOME COMMERCIAL POTENTIAL AND THAT -INDUSTRIAL WILL BE EXPANDED. COMMISSIONER LOY FELT THAT 43RD OUT TO I-95 IS A BONA FIDE COMMERCIAL AREA, WITH A POTENTIAL FOR B-1, AND THAT IT WILL SOME DAY BE FOUR LANED. COMMISSIONER LYONS STATED THAT IT BOTHERS HIM THAT -WITH C-1 YOU CAN HAVE DEVELOPMENT RIGHT UP TO THE ROAD. COMMISSIONER SIEBERT STATED THAT HE, TOO, WOULD LIKE TO SEE SOMETHING IN WRITING STATING THAT AGRICULTURAL IS A HOLDING ZONE, BUT ASKED)IF WE SHOULD LEAVE THE AREA TO THE SOUTH COMMERCIAL, THEN WHAT ABOUT THE AREA TO THE NORTH — ALL OF A SUDDEN ARE THEY AUTOMATICALLY ENTITLED TO COMMERCIAL ALSO? HE FELT IT IS ARBITRARY TO SAY IT IS ALL ONE WAY OR THE OTHER. HE THEN DISCUSSED HAVING COMMERCIAL AT ALL FOUR CORNERS OF THE INTERSECTION. REED KNIGHT, .JR., NOTED THAT THOSE WHO ALREADY HAVE COMMERCIAL DON T WANT TO LOSE IT; THE OTHERS DON T HAVE IT YET, WHICH HE FELT IS A DIFFERENT SITUATION. AREA 3 — THE WEST SIDE OF 43RD AVENUE FROM 660` SOUTH OF (OSLO ROAD TO THE SOUTH COUNTY LINE. AREA 4 — THE EAST SIDE OF 43RD AVENUE FROM 660' SOUTH OF OSLO ROAD TO THE SOUTH COUNTY LINE. AREA 5 — THE SOUTHEAST QUADRANT OF THE INTERSECTION OF OSLO ROAD AND 43RD AVENUE. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. CRAIG BAKER APPEARED REPRESENTING MICHAEL TROIANO WHO OWNS PROPERTY ON TRIPSON TRAIL. HE STATED THAT MR. TROIANO APPROVES THE PROPOSED REZONING FROM C-1 TO R-1 SINGLE FAMILY AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION. MR. BAKER STATED THAT HE ALSO REPRESENTS A MR. HOLSINGER WHO OWNS PROPERTY IN THE SAME AREA AND APPROVES THE PRO— POSED REZONING. PLANNING DIRECTOR REDICK STATED THAT THE AREA TO THE WEST OF 43RD AVENUE IS RECOMMENDED FOR AGRICULTURAL. THE ORIGINAL RECOMMENDATION WAS TO CHANGE THE EAST SIDE FROM C-1 TO R-1, AND HE NOTED THAT IN THE HURRY TO GET ALL THIS TOGETHER, THIS ENTIRE STRIP WAS ALSO RECOMMENDED TO THE BOARD BY THE PLANNING & ZONING COMMISSION AS AGRICULTURAL. IT WAS ADVERTISED AS BOTH AGRICULTURAL OR R-1. MR. BAKER CONFIRMED THAT THE LETTER SENT TO MR. TROIANO INDICATED THAT THE PROPERTY COULD BE CHANGED TO EITHER A OR R-1. PLANNING DIRECTOR REDICK RECOMMENDED THAT THE STRIP FROM 660' SOUTH OF OSLO ROAD ON THE EAST BE CHANGED TO R-1 RATHER THAN A. HE NOTED THAT AREA 51 THE CORNER 330' EAST OF 43RD AVENUE AND 660' SOUTH OF OSLO, WAS RECOMMENDED TO BE CHANGED FROM C-1 To A. AND HE BELIEVES THAT WAS NOT THE INTENT AND RECOMMENDED THAT THIS.AREA REMAIN IN C-1 COMMERCIAL, WHICH WOULD BRING THE COMMERCIAL ZONE RIGHT UP TO THE ROAD, ATTORNEY HENDERSON NOTED THAT ABOUT HALF OF HIS CLIENT'S PROPERTY, WHICH RUNS 1250' SOUTH, WOULD BE IN COMMERCIAL AND THE OTHER HALF RESIDENTIAL. COMMISSIONER SIEBERT STATED THAT HE FELT AREA -2 SHOULD BE RESTUDIED. PLANNING DIRECTOR REDICK NOTED THAT IF THE PLANNING DEPARTMENT GETS TOO BOGGED DOWN NOW IN DOING LITTLE STUDIES, THEY MAY NEVER GET AT THE BIG ONE. HE STATED THAT HE WOULD PREFER TO DO THIS STUDY AS PART OF THE OVERALL STUDY SINCE THEY NEED TO PUT TOGETHER AN INTEGRATED PLAN THAT MAKES SENSE FOR THE WHOLE COUNTY. ON MOTION MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AGREED TO REFER AREA 2 BACK TO THE PLANNING DEPARTMENT FOR FURTHER STUDY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AGREED THAT THE EAST 330' OF SEC. 28, TWP. 33S, RANGE 39E, LESS THE NORTH 660' THEREOF; AND THE EAST 330' OF SEC. 33, Twp'. 33S, RANGE 39E BE REZONED FROM C-1 COMMERCIAL TO A -AGRICULTURAL, AND THAT: ,. THE WEST 300' OF SEC. 27, Twp. 33S, RANGE 39E, LESS THE NORTH 660' THEREOF, AND THE WEST 330' OF SECS 34, Twp, 33S, RANGE 39E BE REZONED FROM C-1 COMMERCIAL TO R-1 SINGLE FAMILY. ON MOTION BY COMMISSIONER Loy, -SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE NO.. 78*0 INCORPORATING ALL THE CHANGES MADE BY PREVIOUS MOTIONS RELATING TO OSLO ROAD AND 43RD AVENUE. 70 NOV 211978 K 7 PnE 39 INDIAN RIVER COUNTY ORDINANCE NO. 78-40 _'Sko R ; AN ORDINANCE AMENDING THE ZONING MAP ADOPTED IN INDIAN RIVER COUNTY ZONING ORDINANCE 71-3 BY THE REZONING OF PROPERTIES DESCRIBED BELOW AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; and WHEREAS, there is a need in Indian River County to reduce the number of acres zoned Commercial to prevent excessive traffic congestion, business sprawl,excessive density of commercial development and to reduce the amount of commercially zoned property to a level consistent with the needs and growth pattern of Indian River County; and WHEREAS, the economic value of existing agricultural uses shall be maintained; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Indian River County Ordinance 71-3, being the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map be amended as follows: 1. That the Zoning Map be changed in order that the following ° described property situated in Indian River County, Florida, to -wit: The South 660' of Section 19, Township 33 S, Range 38 E; The North 660' of Section 30, Township 33 S, Range 38 E; The South 660' of Section 20, Township 33 S, Range 38 E; The North 660' of Section 29, Township 33 S, Range 38 E; The South 660' of Section 21, Township 33 S, Range 38 E; •Y 4 The North 660' of Section 28, Township 33 S, Range 38 E; The South 660' of Section 22, Township 33 S, Range 38 E; The North 660' of Section 27, Township 33 S,,Range 38 E; The East 330' of Section 28, Township 33 S, Range 39 E, less the North 660' thereof; The East 330' of Section 33, Township 33 S, Range 39 E. Be changed from C-1 District to A District. sw 37 PnE z • 2. The West 330' of Section 27, Township 33 S, Range 39 E less the North 660' thereof; The West 330' of Section 34, Township 33 S, Range 39 E. Be changed from C-1 District to R-1 District. All with the meaning and intent as set forth and described in said Zoning Regulations. This Ordinance shall take effect as provided by law. This Ordinance shall take effect December 18, 1973. NOV 2 11978 CHAIRMAN WODTKE ANNOUNCED THAT IT IS NECESSARY TO BRING UP AN EMERGENCY MATTER RELATING TO QUARTERS FOR THE NEWLY ELECTED CIRCUIT COURT .JUDGE. ON %LOTION BY COMMISSIONER Loy, SECONDED. BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADDED THE EMERGENCY ITEM DESCRIBED ABOVE TO TODAY�S AGENDA. CHAIRMAN WODTKE CONTINUED THE PROBLEM IS THAT ALTHOUGH .JUDGE SHARPS CASE LOAD WILL BE IN ST. LUCIE COUNTY, HE MUST ESTABLISH A HOME OFFICE, AND IT IS UP TO THE COUNTY TO PROVIDE THE .JUDGE WITH ADEQUATE SPACE AND EQUIPMENT. WE, THEREFORE, NEED TO ACQUIRE AN OFFICE FOR HIM. THE CHAIRMAN NOTED THAT HE HAD TALKED TO .JUDGE SHARP ABOUT THIS, AND THE .JUDGE HAS INDICATED THAT WHATEVER FACILITIES WERE MADE AVAILABLE WOULD BE ADEQUATE. HE WILL BE ROTATED DURING HIS SIX YEAR TERM, BUT HIS HOME OFFICE WILL BE HERE. CHAIRMAN WODTKE THEN DISCUSSED VARIOUS ALTERNATIVES FOR OFFICE SPACE FOR THE JUDGE. HE STATED IT SHOULD BE A MINIMAL TYPE OFFICE, AND ALSO NOTED THAT THE COUNTY MUST.SUPPLY A TYPEWRITER, OFFICE SUPPLIES, ETC., IN FACT, EVERYTHING EXCEPT SALARY. COMMISSIONER SIEBERT REPORTED THAT THEY -ARE LOOKING FOR THIS OFFICE SPACE ON KIND OF AN EMERGENCY BASIS AND ARE TALKING ABOUT A ONE YEAR LEASE IN THE PROFESSIONAL BUILDING WITH A 90 DAY CANCELLATIONAL CLAUSE. HE NOTED THAT WE WILL HAVE TO HAVE AN ADEQUATE BUDGET FOR THE BASIC NEEDS AND MUST TAKE INTO CONSIDERATION THAT A SECRETARY WILL HAVE TO BE IN THE OFFICE ALL DAY. ' COMMISSIONER LOY NOTED THAT WE ARE TRYING TO DO THE BARE MINIMUM ON AN INTERIM BASIS UNTIL WE CAN MAKE OUR PLANS FOR THE HOSPITAL. THE CHAIRMAN DISCUSSED WHERE THE MONEY WILL COME FROM, AND IT WAS FELT REVENUE SHARING WOULD BE APPROPRIATE AND THAT THE ADMINISTRATOR COULD BE AUTHORIZED TO WORK WITH .JUDGE SHARP AND MAKE SOME ARRANGEMENTS TO CONSIDER AT THE DECEMBER 6TH MEETING. ASSISTANT ADMINISTRATOR NELSON GAVE AN ESTIMATE OF APPROXIMATELY $2,900 FOR SUPPLYING A TYPEWRITER, AN EXECUTIVE DESK, A CREDENZA, A -DESK FOR THE SECRETARY, A CABINET FILE, CHAIRS, ETC. DISCUSSION FOLLOWED ON A CONFERENCE TABLE, BUT MR. NELSON STATED THAT THE .JUDGE HAD SAID HE DID NOT NEED ONE. 73 NOV 211978 7 PAGE397 ON LOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO PURCHASE A TYPE- WRITER AND NEGOTIATE A LEASE FOR SPACE TO BE USED BY THE NEW CIRCUIT COURT JUDGE AND INSTRUCTED THAT THE ADMINISTRATOR AND COMMISSIONER SIEBERT MEET WITH .JUDGE SHARP TO DETERMINE THE OTHER NEEDS OF HIS OFFICE. CHAIRMAN WODTKE REPORTED THAT SOME MAJOR CHANGES HAVE BEEN MADE IN THE iMID-FLORIDA PURCHASE CONTRACT IN REGARD TO ACCOUNTS RECEIVABLE. THE COUNTY IS NOW PROPOSING THAT MID -FLORIDA READ METERS AND BILL IN DECEMBER AND POSSIBLY BILL UP TO AN ADDITIONAL THREE MONTHS FOR US ON THEIR COMPUTERS WITH OUR READINGS. THE COUNTY WOULD BE COLLECTING THE MONIES PAYABLE TO THE COUNTY, BUT IMID-FLORIDA WOULD DO THE BILLING FO'R US UNTIL WE CAN GET THE BILLING ON OUR NEW COMPUTER PROGRAM.- WE WOULD PAY THEIR COSTS OF BILLING, BUT WE WOULD NOT BILL FOR THEIR OLD ACCOUNTS, WHICH IT WILL BE UP TO THEM TO COLLECT. HE STATED THAT WE DO NOT KNOW WHETHER THEY WILL ACCEPT THESE CHANGES OR NOT, BUT THE COUNTY DOES NOT WANT TO GET INTO THE POSITION OF BILLING FOR THEIR BAD DEBTS. ATTORNEY COLLINS STATED THAT IT IS HIS INTENTION TO FORWARD THE CONTRACT TO MID -FLORIDA TOMORROW. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE MEETING, ON MOTION MADE, SECONDED AND CARRIED, IT ADJOURNED AT 4:40 O'CLOCK P.M. ATTEST: CLERK 74 ,aK 37 €rA . `