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HomeMy WebLinkAbout10/15/1980WEDNESDAY, OCTOBER 15, 1980 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN SPECIAL SESSION AT THE CITY HALL COUNCIL CHAMBERS, 1053 20TH PLACE, VERO BEACH, FLORIDA, ON WEDNESDAY, OCTOBER 15, 1980, AT 9:00 O'CLOCK A.M. PRESENT WERE WILLARD W. SIEBERT, SJR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLIAM C. WODTKE, JR.; AND PATRICK B. LYONS, R. DON DEESON WAS ON VACATION. ALSO PRESENT WERE NEIL A. NELSON, COUNTY ADMINISTRATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; AND JANICE CALDWELL, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. o s 1. THE CHAIRMAN ASKED IF THERE WERE ANY EMERGENCY ITEMS TO BE ADDED TO THE AGENDA. COMMISSIONER LYONS REQUESTED ADDING AN ITEM ASKING FOR THE ASSISTANCE OF THE REGIONAL PLANNING COUNCIL FOR A DETERMINATION AS TO WHETHER OR NOT SOME OF THE PROJECTS IN THE NORTH PART OF THE BARRIER ISLAND ARE DRI SITUATIONS. CHAIRMAN SIEBERT REQUESTED ADDING AN ITEM REGARDING AN ADDITIONAL PROCEDURE FOR THE PLANNING DEPARTMENT, ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AGREED TO ADD THE EMERGENCY ITEMS TO THE AGENDA. :ul ilowfuuluOEM# 1► CHAIRMAN SIEBERT READ ALOUD THE FOLLOWING LETTER FROM COMMISSIONER DEESON AND REQUESTED IT BE MADE A PART OF THE MINUTES: Boax -44 pAu 3 Southeast Bank of Indian River, N.A. October 9, 1980 The Honorable Willard W. Siebert, Jr. Chairman, Board of County Commissioners 900 Jasmine Lane, Apt. 8A Vero Beach, Florida 32960 Dear Mr. Siebert: Please be advised that due to long standing plans to be on vacation the week of October 12th, I will be unable to attend the special meeting called for October 15, 1980. I hope that my absence does not place any undue hardship on my fellow commissioners. W. Q-71 R. Don Deeson County Commissioner RDD: ch cc: William C. Wodtke, Jr. Alma Lee Loy, V.C. Pat Lyons P.O. Box 40 Vero Beach, Florida 32960 (305) 569-1100 PUBLIC HEARING CONTINUATION FROM SEPTEMBER 24, 1980 - REZONING REQUESTED BY EDWARD D. LEWIS, AS TRUSTEE ATTORNEY COLLINS REVIEWED THE FOLLOWING OPTIONS FOR THE BOARD. THIS PUBLIC HEARING WAS CONTINUED FOR THE PURPOSE OF ALLOWING COMMISSIONER DEESON TO BE INVOLVED. IT WAS THE ATTORNEY'S OPINION THAT COMMISSIONER DEESON WOULD HAVE TO HEAR ALL THE TESTIMONY, BUT APPARENTLY HE WAS NOT AVAILABLE TODAY; THEREFORE THE PUBLIC HEARING CAN BE CONTINUED AGAIN UNTIL SUCH TIME AS COMMISSIONER DEESON IS AVAILABLE. ATTORNEY COLLINS STATED THAT THE OTHER OPTION IS TO HAVE THE PUBLIC HEARING AND COUPLE IT WITH THE OTHER TESTIMONY AND MAKE A DECISION WITH THE BOARD MEMBERS THAT ARE PRESENT. HE ADDED THAT THIS WOULD NOT NEED TO BE READVERTISED; IT WOULD BE DISCRETIONARY IF THE COMMISSION DECIDED TO READVERTISE. CHAIRMAN SIEBERT THEN ASKED THE COMMISSIONERS HOW THEY FELT ABOUT CONTINUING THE PUBLIC HEARING UNTIL COMMISSIONER DEESON COULD BE PRESENT. COMMISSIONER LYONS FELT IT WOULD BE UNFAIR TO THE PUBLIC TO HAVE ONE MEETING AFTER ANOTHER WITHOUT COMING TO SOME DECISION. COMMISSIONER WODTKE COMMENTED THAT HE WOULD LIKE TO GO ON - HEAR ADDITIONAL TESTIMONY, AND MAKE A DECISION TODAY, COMMISSIONER LOY AGREED, CHAIRMAN SIEBERT ANNOUNCED THAT THE PUBLIC HEARING WOULD BE CONTINUED AT THIS TIME. ATTORNEY COLLINS SUGGESTED THAT THE PLANNING DIRECTOR REVIEW THE APPLICATION, LET ATTORNEY HENDERSON MAKE HIS STATEMENTS, AND THEN OPEN UP THE MEETING TO THE PUBLIC. PLANNING DIRECTOR REVER APPROACHED THE BOARD AND DISPLAYED A MAP OF THE SUBJECT PROPERTY. HE CONTINUED THAT THE PROPERTY CONSISTS OF APPROXIMATELY 30 ACRES, AND IS LOCATED 1-1/2 MILES SOUTH OF S.R. 510. MR. REVER ADVISED THAT THE PROPERTY CONSISTS OF 16.45 ACRES ON THE WEST SIDE OF A -1-A AND 14.01 ACRES ON THE EAST SIDE OF A -1-A. HE NOTED THAT THE PROPERTY IS PRESENTLY ZONED R-1 - SINGLE FAMILY RESIDENTIAL - WHICH ALLOWS 6 UNITS PER ACRE. MR. REVER STATED THAT OCT 15 1980 3 BOOKy 44 PAGE 914 OCT 15 1980 BOOit 4 4 P,%� F 91�' . THE APPLICATION WAS SUBMITTED TO THE PLANNING & ZONING COMMISSION, AND THEY VOTED 2 TO 1 AGAINST RECOMMENDING THE REZONING. HE CONTINUED THAT THE PLANNING STAFF VOTED FOR THE REZONING, BUT CONDITIONS WOULD HAVE TO BE MET, SUCH AS WATER AND SEWER, ETC. ATTORNEY STEVE HENDERSON, REPRESENTING MR. AND MRS. CAIN AND RICHARD SCHAUB, APPROACHED THE BOARD TO EXPLAIN THE FOLLOWING: THE PROPERTY IS TITLED IN THE NAME OF EDWARD D. LEWIS, TRUSTEE; MR. AND MRS. CAIN ARE THE TITLE OWNERS OF THIS PROPERTY; RICHARD SCHAUB AND HIS SONS, RICK AND CLEM, ARE THE DEVELOPMENT ENTITY; AND THEY ARE PLANNING A JOINT VENTURE WITH THE GAINS. ATTORNEY HENDERSON STATED THERE HAS BEEN NO ISSUE PRESENTED AS TO THE QUALITY OF WORK THE DEVELOPERS HAVE DONE IN THE PAST. HE THEN REFERRED TO THE ZONING MAP THAT WAS DISPLAYED, AND NOTED THAT THE SUBJECT PROPERTY WAS SURROUNDED BY MULTIPLE ZONED PROPERTY TO THE NORTH, AND IN LARGE AREAS BETWEEN THIS PROPERTY AND WABASSO ROAD, THERE IS R-2, WHICH PERMITS 15 UNITS PER ACRE, ATTORNEY HENDERSON ADVISED THAT AT THE LAST HEARING, THEY CHANGED THEIR APPLICATION SO THAT THE PROPERTY WEST OF A -1-A WOULD BE REZONED TO R -2A, WHICH ALLOWS 4 UNITS AN ACRE IN MULTI -FAMILY DEVELOPMENT. HE ADDED THAT THEY RETAINED THE R -2B ZONING EAST OF A -1-A. THE ATTORNEY CONTINUED THAT THERE WAS SOME CONFUSION AS TO WHAT THE EXISTING ZONING PERMITTED, AND WHAT THE DEVELOPER ACTUALLY WANTED TO DEVELOP. HE STATED THAT THEY ARE ASKING FOR A DECREASE IN DENSITY. ATTORNEY HENDERSON COMMENTED THAT THERE ARE ADVANTAGES TO MULTI -FAMILY DISTRICTS, AND THERE ARE SITE PLAN REQUIREMENTS NEEDED FOR APPROVAL. HE FELT THIS ZONING WAS MORE RESTRICTIVE THAN THEY WERE IN R-1. ATTORNEY HENDERSON COMMENTED THAT IN THE DEVELOPMENT PLAN, DENSITIES ON THE WEST`SIDE OF A -1-A WILL BE 3.5 UNITS PER ACRE, AND DENSITIES ON THE EAST SIDE OF A -1-A WILL BE 6.07 UNITS PER ACRE - THIS WILL NOT TAKE ADVANTAGE OF THE TOTAL PERMITTED DENSITIES. HE STATED IT HAD BEEN DIFFICULT, DURING THIS ZONING APPLICATION, TRYING TO DISTINGUISH BETWEEN THIS AND WHAT WAS GOING ON WITH THE MASTER PLAN. ATTORNEY HENDERSON COMMENTED THAT IF THE BOARD REVIEWED THIS DEVELOPMENT PLAN, THEY WOULD FIND IT WAS CONSISTENT WITH THE THINKING OF THE MASTER PLAN► HE ADDED THAT ENGINEER .JOHN ROBBINS WILL BE AVAILABLE TO ANSWER QUESTIONS ON THE ISSUE OF WATER AND SEWER; MR. ROBBINS WAS NOT ON THEIR STAFF, BUT HAS FURNISHED THEM WITH INFORMATION WHICH STATES THAT WATER IS ADEQUATE► ATTORNEY HENDERSON REMARKED THAT PACKAGE SEWER PLANTS WILL BE USED, AND THEY WILL WORK, HE THEN DISTRIBUTED TO THE BOARD A GEODETIC SURVEY,INDICATING THE WATER RESOURCES IN THE AREA, AND POINTED OUT THE DEEP WATER AQUIFER IN THE AREA► ATTORNEY HENDERSON SAID THAT JOHN ROBBINS REPORTED THAT THERE WERE ADEQUATE WATER RESOURCES IN THE AREA; IT WAS TREATABLE WATER, AND DRINKABLE. HE CONTINUED THAT MR. ROBBINS SAID THERE WOULD BE NO ADVERSE EFFECT ON THE SHALLOW WELL BY TAPPING INTO THE DEEP WATER AQUIFER; BUT THE SEWER PROBLEM WOULD BE DIFFICULT. ATTORNEY HENDERSON ADDED THAT THERE IS NO SEWER SYSTEM ON A -1-A AND PACKAGE PLANTS ARE THE ONLY ANSWER. HE STATED THAT IF THE BOARD TURNS THIS DOWN, THEN IN EFFECT, THEY WILL BE IMPOSING A MORATORIUM - THIS IS A MATTER THAT GOES FAR ABOVE AND BEYOND THE ISSUES THAT ARE HERE TODAY. ATTORNEY HENDERSON ADVISED THAT THE PLANNING DEPARTMENT, ON THE ISSUE OF TRAFFIC, HAS THE LATEST FIGURES FOR TRAFFIC COUNTS ON A -1-A. HE ADDED THAT NO ONE CAN DENY THAT THE TRAFFIC OUT ON A -1-A IS NATURALLY INCREASING, BUT WHEN YOU COMPARE THE TRAFFIC COUNTS AND THE DESIGN OF CAPACITY, THEY ARE STILL WELL WITHIN THE CAPACITY► HE CONCLUDED BY STATING THAT THEY ARE NOT TALKING ABOUT INCREASED DENSITIES PERMITTED UNDER ZONING, THEY ARE TALKING ABOUT A CONFLICT OF SINGLE-FAMILY VERSUS MULTI -FAMILY, AND THEIR IMPACT ON THE ENVIRONMENT. KING HELIE, 1500 SUNSET DRIVE, HUDSON, FLORIDA, CAME BEFORE THE BOARD, AND STATED THAT THERE ARE OVER 300 BARRIER ISLANDS IN THE UNITED STATES. HE ADDED THAT THEY HAVE WATCHED, UNFORTUNATELY, BAD DEVELOPMENT OF THE BARRIER ISLANDS BUT THIS HAS LED TO SOME STRICT CONTROLS. MR. HELIE WONDERED HOW THE LAND NORTH OF INDIAN RIVER SHORES WAS GOING TO BE USED, AND HE FELT THAT MULTI -FAMILY USE WAS THE BEST WAY. MR. HELIE COMMENTED THAT PEOPLE TALK ABOUT 5 800K A4 PAGE X 1*6 OCT 151900 OCT .15 1980 Boos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— THE CITY OF VERO BEACH JUST HAS NO MORE. HE CONTINUED ON THAT THERE IS NO SEWAGE FACILITY AVAILABLE NOW OR IN THE FORESEEABLE FUTURE. MR. ACOR BELIEVED THAT SEWER HOLDING PONDS FOR THE PACKAGE PLANTS SHOULD NOT BE SITED BELOW THE 100 YEAR FLOOD PLAN; THEREFORE, THERE WAS NO SUITABLE SITE ON THE BARRIER ISLAND FOR SUCH AN INSTALLATION. HE ALSO FELT A COMPETENT TRAFFIC COUNT SHOULD BE TAKEN ON A -1—A BEFORE ANYTHING IS DECIDED ONa AS WELL AS CONSULTING WITH CIVIL DEFENSE REGARDING AN EVACUATION, IN CASE OF A NATURAL PHENOMENON. MR, ACOR REFERRED TO A REMARK MADE BY ATTORNEY HENDERSON CONCERNING THE SUBJECT PROPERTY BEING SURROUNDED BY HIGHER DENSITY, BUT NOTHING WAS SAID ABOUT THE AGRICULTURAL PROPERTY TO THE WEST WHICH ALLOWS Z UNITS PER ACRE. IN CLOSING, HE FELT THE BOARD WOULD MAKE A WISE, INSTEAD OF A HASTY, DECISION; NOT A DECISION TO PLEASE THE WHIMS OF A PARTICULAR PERSON OR DEVELOPER, AT THE EXPENSE OF THE RESIDENTS IN THIS COUNTY - THE RESIDENTS THAT THE BOARD OF COUNTY COMMISSIONERS REPRESENT. COMMISSIONER WODTKE ASKED IF THERE WAS A VOTE TAKEN FOR THIS POSITION BY THE ASSOCIATIONS MEMBERS OF APPROXIMATELY 1,000, AND MR. ACOR REPLIED THAT IT WAS THE POSITION OF THE BOARD OF DIRECTORS OF THE TAXPAYERS ASSOCIATION. CHAIRMAN SIEBERT STATED, JUST FOR THE RECORD, THAT THE PROPERTY IMMEDIATELY ADJACENT TO THE WEST OF THE SUBJECT PROPERTY IS ZONED R-1, AND THERE IS AGRICULTURAL PROPERTY WEST OF THAT. NORMAN BADENHOP, 4601 SUNSET DRIVE, PRESIDENT OF THE VERO BEACH CIVIC ASSOCIATION, CAME BEFORE THE BOARD AND ADVISED THAT HIS MEMBERSHIP WAS NOT POLLED AS TO THE OPPOSITION OF THIS APPLICATION. HE ADDED THAT IT WAS THE UNANIMOUS DECISION BY THE BOARD OF DIRECTORS. 7 BOOK A -PAGE 918 OCT 151990 soon 44:. wf HE THEN ASKED IF THE BOARD GOT APPROVAL OF OVER 50,000 PEOPLE IN THE COUNTY EVERY TIME THEY WANTED TO MAKE A DECISION; HE FELT THAT THIS WOULD OBVIOUSLY BE TOTALLY UNACCEPTABLE. MRS BADENHOP STATED THAT THEY OPPOSED ANY CHANGE OF ZONING ON THE BARRIER ISLAND AND THEY DO NOT WANT 10 POUNDS OF MATERIAL PUT INTO A 5 POUND BAG, SUCH AS OCCURRED SOUTH OF HERE. HE THEN MENTIONED THE AGRICULTURAL LAND ON THE WEST SIDE of A -1-A, AND AS THE ISLAND DEVELOPS, THE CITRUS GROVES WILL BECOME HOUSES AND THIS WILL BECOME PEOPLE PACKING. MR. BADENHOP COMMENTED THAT WATER AND SEWER STUDIES HAVE NOT BEEN COMPLETED AND URGENTLY REQUESTED THAT THE BOARD DENY THIS REZONING. J. G. ROSE, 271 SEA OAK, REPRESENTING LOST TREE VILLAGE CORPORATION OF .JOHN'S ISLAND, APPROACHED THE BOARD AND COMMENTED THAT INDIAN RIVER SHORES IS ONE OF THE LAST HIGH QUALITY FORMS OF LIFE ON THE EAST COAST OF FLORIDA. HE WENT ON TO SAY THAT THIS COUNTY IS VERY FORTUNATE THAT IT IS BLESSED WITH GOOD CLIMATE AND IT IS A VERY DESIRABLE PLACE TO BE, BUT IT IS ONLY AS GOOD AS THE PLANNING, PARTICULARLY ON THE BARRIER ISLAND AND THE REMAINING OCEANFRONT. MR. ROSE THEN SPOKE ABOUT THE ZONING THAT IS PRESENTLY ON THE BARRIER ISLAND, AND NOTED THAT THE DEVELOPMENT AVERAGES ABOUT 4 UNITS PER ACRE IN THE JOHN'S ISLAND CONDOMINIUM AREA. HE THEN POINTED OUT THAT THERE IS ALREADY A GREAT DEAL OF MULTI -FAMILY LAND, SO WHY SHOULD THERE BE ANY RUSH TO HAVE MORE MULTI -FAMILY HOMES ON THE BARRIER ISLAND? MR. ROSE AGAIN STATED THAT WE HAVE A HIGH QUALITY AREA, AND THE FUTURE OF THE COUNTY CAN CONTINUE WITH THIS HIGH QUALITY BUT IT WILL NOT BE POSSIBLE WITH HASTY REZONING. HE ADDED THAT THE MASTER PLAN IS NOW BEING STUDIED, AND THE RESIDENTS DESIRE A NEED TO BE HEARD BEFORE THE PLAN IS COMPLETED. MR. ROSE STATED THAT THE RESIDENTS WANT HIGH QUALITY TOO, AND REQUESTED THAT THE APPLICATION BE DENIED TODAY. COMMISSIONER LYONS QUESTIONED THE DENSITY FOR R-2 ZONING, AND PLANNING DIRECTOR REPORTED THAT IT HAS ALWAYS BEEN 15 UNITS PER ACRE. MAGGIE BOWMAN, PRESIDENT OF THE PELICAN ISLAND AUDUBON SOCIETY, CAME FORWARD AND POINTED OUT THAT THEY WERE PLEASED WITH THE 61 QUALITY OF THE DEVELOPERS, BUT WANTED TO POKE AT A SOFT PLACE IN THE DEVELOPER'S STATEMENT. SHE ADDED THAT THERE HAVE BEEN NO TEST WELLS MADE ON THIS PROJECT; THE DEVELOPER HAS JUST REFERRED TO AN OLD GEODETIC SURVEY. MS. BOWMAN COMMENTED THAT WITHOUT PROOF OF SUITABLE WATER, WHAT WOULD THE DEVELOPER DO NEXT? SHE FELT THE COUNTY WOULD THEN BE RESPONSIBLE FOR THIS PROBLEM. CHARLES FENN, OF THE PROPERTY OWNERS ASSOCIATION AT JOHN'S ISLAND, CAME BEFORE THE BOARD AND COMMENTED THAT THEY HAVE NOT HAD A REFERENDUM OF THEIR PEOPLE TO DETERMINE HOW THEY FELT ABOUT THIS MATTER, BUT IT WAS OBVIOUS WHAT THE CONSENSUS OF OPINION WAS, HE FELT THAT A STUDY OF THE BARRIER ISLAND SHOULD BE COMPLETED FIRST, AND REQUESTED THAT THIS REZONING REQUEST BE DENIED. ATTORNEY MICHAEL O'HAIRE, REPRESENTING A NUMBER OF INDIVIDUALS WHO ARE RESIDENTS OF THE AREA, CAME TO THE BOARD AND STATED THAT THE PEOPLE HE REPRESENTED FELT THEY SHOULD HAVE A VOICE IN THE QUALITY OF LIFE THAT IS GOING TO GO ON IN THEIR ENVIRONMENT. HE CONTINUED THAT THE OCEANFRONT AT JOHN'S ISLAND ORIGINALLY WAS ZONED MULTI—FAMILY, AND IT WAS CHANGED TO SINGLE FAMILY AND THIS HAD BEEN SUCCESSFUL. ATTORNEY O'HAIRE FELT THERE WAS NO NEED FOR A SPOT OF MULTI—FAMILY IN AN UNDEVELOPED AREA AT THIS TIME. HE REFERRED TO THE LAST MEETING WHERE COMMISSIONER LYONS AND THE BOARD MOVED AND ADOPTED TO REQUEST A PROPOSAL OF THE REGIONAL PLANNING COUNCIL ON THE BARRIER ISLAND. ATTORNEY O'HAIRE FELT THIS WAS A GOOD PROPOSAL, AND WHEN IT IS MADE AND ACCEPTED BY THE BOARD, HE FELT IT SHOULD BE IMPLEMENTED AS PART OF THE MASTER PLAN. HE FELT THE BOARD SHOULD NOT BE STAMPEDED INTO MAKING A DECISION RIGHT NOW — HE FELT THERE WAS NO RATIONAL BASIS FOR A DECISION AT THIS TIME. ATTORNEY O'HAIRE NOTED THAT PACKAGE SEWER PLANTS DO NOT WORK, AND WHEN A DEVELOPER IS GONE, THE PLANT FALLS BACK ON THE COUNTY; TO HIS SORROW, HE HAD BEEN INVOLVED IN SUCH A CASE. IN THEORY, HE HAS HEARD MANY ENGINEERS SAY THAT THE WATER IS POTABLE BUT HE HAS NEVER SEEN AN ENGINEER TAKE A DRINK OF IT. ATTORNEY O'HAIRE DID NOT THINK THE COUNTY SHOULD CARRY THE LOAD FOR A PROFIT—MAKING ENTERPRISE; AND ALL THE PEOPLE HE REPRESENTED, WHO LIVE IN THE AREA, WANT TO PRESERVE THE AREA AND ASK THAT THIS APPLICATION BE DENIED. OCT 151 9 Box 44: aPAGE 920 M Baax 44 . PAGE T.1 COMMISSIONER WODTKE STATED THAT THE RECORD NEEDS TO INDICATE WHO ATTORNEY O'HAIRE REPRESENTS. ATTORNEY O'HAIRE REPLIED THERE WERE 30 OR 40 PEOPLE; SUCH AS BERT & SALLY SIMMS; RICHARD & DIANE KING; AND .JOHN AND BOBBIE MORRISON. CHAIRMAN SIEBERT ASKED -IF, FOR THE RECORD, WAS ATTORNEY O'HAIRE SPECIFICALLY ASKED BY THOSE PEOPLE TO REPRESENT THEM AT THIS REZONING HEARING. ATTORNEY O'HAIRE RESPONDED AFFIRMATIVELY. HE COMMENTED THAT HE HAD BEEN RAISED IN THIS COUNTY, BUT PERSONALLY FELT THAT THE - DAY WILL SOON BE COMING WHEN HE WILL HAVE TO WORK 12 HOURS A DAY IN ORDER TO GET ENOUGH MONEY TO FIND A NICE PLACE TO LIVE IF THE BOARD DOES NOT PUT THE BRAKES ON THIS. ELMER BEERS, REPRESENTING THE DUNES PROPERTY OWNERS ASSOCIATION, AS PRESIDENT, STATED THAT HE WAS ONLY A TWO YEAR RESIDENT, AND THE CROSS-EXAMINATION ABOUT MOTIVATION INTERESTED HIM. IT SEEMED VERY OBTUSE TO HIM THAT ANYBODY WOULD THINK THAT SOMEBODY WOULD COME IN AS AN INDIVIDUAL, BUY A PACKAGE THAT LOOKED NICE TO HIM AND TO THINK THAT THERE WAS SOMETHING SINISTER ABOUT THEM WANTING TO SUPPORT THE MAINTENANCE OF STANDARDS. MR. BEERS COMMENTED THAT A PERSON PUTS MONEY INTO A HOUSE, AND IT WOULD SEEM A STRANGE FORM OF LOGIC THAT YOU WOULD WANT TO SEE A CHANGE WITHOUT A WELL THOUGHT-OUT PLAN. ALTHOUGH ALL 40 HOMEOWNERS IN THE DUNES HAD NOT SAID TO HIM TO COME TO THIS MEETING, HE WAS CONFIDENT THAT HE REPRESENTS THEIR WILL AND FEELINGS, BECAUSE HE THINKS INDIVIDUALS THAT BUY A PLACE TO LIVE IN PROBABLY WOULD LIKE STANDARDS MAINTAINED. CHAIRMAN SIEBERT COMMENTED THAT ANY QUESTIONS THE COMMISSIONERS WERE ASKING WERE RELATIVE TO THE RECORD BEING KEPT. ALFRED GROVER FLETCHER, DIRECTOR OF THE ROSEWOOD PROPERTY OWNERS ASSOCIATION, CAME BEFORE THE BOARD AND SAID THEY BELIEVED NEIGHBORS OF A PROJECT SHOULD HAVE A VOICE IN THE DESTINY OF THEIR OWN NEIGHBORHOOD. HE STATED THEY ALSO BELIEVE THAT A PROJECT PLACED ON A TRACT OF LAND THAT EXCEEDS THE LAND `S CAPABILITY TO NATURALLY ABSORB THE WASTE OF THAT STUCTURE IS NOT IN BALANCE WITH THE REALITIES OF NATURE. MR. FLETCHER FELT THIS POSITION IS A CONTRADICTION TO THE TRADITIONAL PRACTICES OF THE PAST, HOWEVER, THEY ASK HOW LONG WILL WE CONTINUE TO FORCE OUR PAST MISTAKES TO WORK BEFORE WE FACE NATURE S REALITY? HE COMMENTED THAT THEY WOULD LIKE TO SEE THIS PROPOSAL PUT OFF UNTIL THE MASTER PLAN IS IN USE. ROBERT RYDER, 1150 REEF ROAD, CAME BEFORE THE BOARD AND QUESTIONED THE AGENDA4STATING THE REZONING REQUEST IS NOT AS IT ACTUALLY APPEARS ON THE AGENDA, CHAIRMAN SIEBERT NOTED THAT THE PETITION HAD BEEN AMENDED AT THE SEPTEMBER 24TH MEETING TO R -2A AND R -2B. ATTORNEY COLLINS INTERJECTED THAT BY HAVING THIS AMENDED TO A LOWER DENSITY, THE FELT THE PUBLIC HAS RECEIVED SUFFICIENT NOTICE. MR. RYDER JUST WANTED TO CLARIFY THAT IT WAS IN ORDER. HE COMMENTED THAT HE MOVED TO THIS COUNTY FROM ORMOND PEACH TO GET AWAY FROM A SITUATION THAT HE CAN SEE REARING ITS HEAD IN THIS AREA. MR. RYDER THEN REFERRED TO A PROJECTION OF 394,730 PEOPLE IN 20 YEARS THAT THE MASTER PLAN WOULD RESULT IN, AS FAR AS POPULATION WAS CONCERNED. HE THEN STATED THAT AT A WORKSHOP MEETING FOR THE PLANNING & ZONING COMMISSION IN AUGUST, PLANNING DIRECTOR REVER SAID THAT THE INTERPRETATION OF THE LAW WOULD PERMIT HIGHER DENSITY THROUGH A PUD CONCEPT. CHAIRMAN SIEBERT ADVISED THAT THE MATTER OF HIGHER DENSITY HAD BEEN REJECTED BY THE BOARD. MR. RYDER COMMENTED THAT IF THE DENSITIES ARE INCREASED ON THE EXISTING ZONES, IT WILL BE GRADUALLY INCHING UP SO THAT THE TOTAL POPULATION WILL GO BEYOND THE 390,000 FIGURE - HE FELT THE RULES OF THE GAME WERE BEING CHANGED IN THE MIDDLE OF THE GAME. MR. RYDER THEN REFERRED TO A GOOD REPORT PREPARED BY MR. CURTIN REGARDING TRAFFIC, AND A PAPER ON THE BARRIER ISLANDS BY DR. HERBERT KALE. HE STATED THAT THERE IS A BILL PRESENTLY BEFORE THE HOUSE AND SENATE WHEREBY FEDERAL FUNDS COULD BE WITHDRAWN; THIS WOULD THEN OCT 151980 11 soox ; 4 -2PAGE , OCT 151980 aoaK,. 44 FQcE923 PUT THE LOAD BACK ON THE COUNTY COMMISSIONERS AND THE TAXPAYERS OF INDIAN RIVER COUNTY. MR. RYDER STATED HE ALSO TOOK ISSUE WITH THE REMARKS THAT ZONING APPROVAL DOES NOT MEAN SITE PLAN APPROVAL - HE OBJECTS TO THAT CONCEPT. MR. DESTASIO, A ONE YEAR RESIDENT OF THE COUNTY, STATED THAT HE WAS PUZZLED ABOUT THE CONTINUATION OF THE PUBLIC HEARING. ATTORNEY COLLINS NOTED THAT AT THE LAST PUBLIC HEARING ON SEPTEMBER 24TH ON THIS ISSUE, THE BOARD SPECIFICALLY CONTINUED THE PUBLIC HEARING TO THIS DATE. MR. DESTASIO COMMENTED THAT THEY WERE NOT JUST TALKING ABOUT 14 ACRES BEING REZONED, BUT ABOUT 13 MILES FROM THE SEBASTIAN INLET TO VERO BEACH, IF WE START TO REZONE. HE ADDED THAT AFTER LISTENING TO THE PEOPLE AND THEIR OBJECTIONS AND DOUBTS, THIS SHOULD BE PUT IN THE BALLOT BOX. MR, DESTASIO STATED THAT HE SPENT A LOT OF MONEY TO COME HERE FROM NEW YORK CITY, AND HE DOES NOT WANT TO SEE THIS ENVIRONMENT DESTROYED. MATTER PUT ON THE REFERENDUM. HE STATED AGAIN THAT HE WANTED THIS PAUL ABBOTT, 200 OCEAN ROAD, CAME BEFORE THE BOARD AND SAID THAT HE HAS HAD A LITTLE EXPERIENCE WITH PACKAGE PLANTS - BECAUSE THEY ARE MECHANICAL, THEY BREAK DOWN. HE THEN ASKED IF THE BOARD DOES APPROVE THIS, NO MATTER WHAT THE DENSITY IS, WITH THE PACKAGE PLANTS BREAKING DOWN, HOW MANY MORE PIECES OF LAND WILL THEY APPROVE AND ULTIMATELY HOW MANY MORE PACKAGE PLANTS WILL THEY HAVE TO TAKE CARE OF? WILLIAM KOOLAGE, 815 26TH AVENUE, CAME BEFORE THE BOARD AND EXPRESSED HIS CONCERN ABOUT THE MASTER LAND USE PLAN. HE WONDERS WHERE ALL OF THE PEOPLE CAN BE SITUATED, AND HE WAS CONCERNED THAT DEVELOPERS ARE COMING IN FROM FAR AWAY TO TELL US HOW TO DEVELOP OUR LAND, MR. KOOLAGE STATED HE WAS AWARE OF THE PROBLEMS OF WATER AND SEWER, AND AWARE,.THAT COMMISSIONER LYONS HAS ASKED ABOUT A STUDY OF THE BARRIER ISLAND. HE FELT THE BOARD MUST TAKE A STAND ON THIS POINT AS IT WILL EFFECT BOTH THE BEACH AREA AND THE MAINLAND. MR. KOOLAGE COMMENTED THAT THIS DEVELOPMENT MIGHT FALL WITHIN THE PRESENT PLAN BUT THOUGHT THE BOARD WOULD MAKE A GRIEVOUS MISTAKE NOT TO WAIT UNTIL THE MASTER LAND USE PLAN IS READY. HE THEN ASKED THAT THEY GIVE A GREAT DEAL OF THOUGHT TO CALLING A MORATORIUM UNTIL THAT PLAN IS PUT INTO EFFECT. DENNY GORDON, OF PORPOISE POINT, STEPPED BEFORE THE BOARD TO ASK IF THERE WAS A THIRD PARCEL THAT IS BEING CONSIDERED TO BE REZONED. PARCEL. CHAIRMAN SIEBERT STATED THAT HE WAS NOT AWARE OF A THIRD PLANNING DIRECTOR REVER COMMENTED THAT A NEW APPLICATION HAS JUST BEGUN, FOR REZONING, THAT PRESENTLY HAS NOT COME BEFORE THE PLANNING & ZONING COMMISSION. CHAIRMAN SIEBERT EXPLAINED THAT THERE WILL BE A PUBLIC HEARING BEFORE THE PLANNING & ZONING COMMISSION, AND THE BOARD OF COUNTY COMMISSIONERS FOR ANY REZONING REQUEST. HE ADVISED THAT THE SCHLITT REZONING HAS NOT BEEN WITHDRAWN, IT HAS BEEN HELD IN ABEYANCE PENDING COMPLETION OF A PROPOSED ORDINANCE; THERE WILL BE A DETERMINATION MADE BY THE PETITIONER WHETHER HE DESIRES TO PURSUE HIS ORIGINAL APPLICATION. HE ADDED THAT ADDITIONAL PUBLIC HEARINGS WILL BE HELD, ASSUMING THAT AN ORDINANCE WILL BE PASSED ALLOWING A MULTI -FAMILY DISTRICT WITH 6 UNITS PER ACRE. THE CHAIRMAN STATED THAT IF THE ORDINANCE DOES NOT COME ABOUT, MR. SCHLITT HAS AN OPTION TO CONTINUE WITH HIS APPLICATION. PLANNING DIRECTOR REVER COMMENTED THERE IS A REQUEST MADE BY THE MOORINGS WHICH IS DOWN -ZONING FROM COMMERCIAL TO RESIDENTIAL. ATTORNEY HENDERSON STATED TO THE BOARD THAT HE HAD SOME IDEA ABOUT HOW GENERAL CUSTER MUST HAVE FELT. HE ADDED THAT WHAT THE BOARD IS DEALING WITH IS A ZONING CHANGE REQUEST ON 30 ACRES, AND THEY MUST NOW DECIDE ON THAT APPLICATION BASED ON ITS MERITS. ATTORNEY HENDERSON COMMENTED IT WAS APPARENT THAT THIS APPLICATION IS UNPOPULAR BUT IS STILL DESERVING OF THE BOARDS CONSIDERATION - THEY ARE ASKING FOR A COMBINATION OF R -2A AND R -2B, WHICH WOULD BE A DECREASE IN OVERALL DENSITY. HE CONTINUED THAT THE PREDOMINANT ZONING IN THE OCT 151980 13 80tH( 44 '�cE 924 OCT 15 1980 bo 44 FacF 92-5 IMMEDIATE AREA IS R-2 AND THE OCEANFRONT AREA IS ALL MULTIPLE ZONED - THEY HAVE NOT HEARD FROM THE PROPERTY OWNER OF THE R-1 PARCEL, AND HE WOULD BE DIRECTLY AFFECTED. HE THEN ASKED THE BOARD TO ASK ENGINEER JOHN ROBBINS ANY QUESTIONS IT MIGHT HAVE CONCERNING THE WATER - THERE IS AN AMPLE WATER SUPPLY IN THE DEEP WATER AQUIFER. ATTORNEY HENDERSON WENT ON TO SAY THAT THE DEVELOPER HAS TO PAY $250 PER UNIT FOR WATER AND SEWER INTO A COUNTY FUND; THEY ARE ALSO REQUIRED TO POST A SINKING FUND FOR MAINTENANCE THAT CAN BE INVADED BY THE COUNTY IF THE DEVELOPER DOES NOT PERFORM UNDER THE FRANCHISE AGREEMENT. HE POINTED OUT THE RESTRAINTS MADE BY THE DER SO THAT THEY WILL NOT CAUSE AN ADVERSE EFFECT ON THE ENVIRONMENT. IN CLOSING, ATTORNEY HENDERSON REMINDED THE BOARD THAT THE APPLICATION WAS EXTREMELY UNPOPULAR, BUT THEY HAVE AN OBLIGATION TO CONSIDER IT ON ITS MERITS. HE AND THE DEVELOPERS HAVE GIVEN THE BOARD A KEY THAT THEY FELT 8 UNITS AN ACRE WAS TOO HIGH AND THE BOARD AGREED - THEY WANT TO BUILD LESS THAN 6 UNITS AN ACRE BUT THERE WAS NO ORDINANCE THAT APPLIED. ATTORNEY HENDERSON COMMENTED THAT NOW THE BOARD HAS A KEY TO LIMIT A DENSITY LESS THAN 6 UNITS PER ACRE WITHOUT ADOPTING A NEW ORDINANCE, AND HE THOUGHT THEY WERE PROTECTED IN TERMS OF IMPOSING A 6 UNIT PER ACRE OR LESS REZONING ON THIS PROPERTY. COMMISSIONER LYONS THEN ASKED THE PLANNING DIRECTOR WHAT THE PROJECTION WAS FOR THE POPULATION OF THE COUNTY. PLANNING:DIRECTOR REVER REPLIED THAT IT WAS THE PLANNING DEPARTMENTS PROJECTION FOR THE NEXT 20 YEARS THAT I27,000 WILL BE LIVING IN THIS COUNTY; HOWEVER, IF ALL THE LAND IN THE COUNTY IN 20 YEARS -'WAS USED, THEY COULD THEN GENERATE 390, GOO. CHAIRMAN SIEBERT FELT THE BOARD SHOULD TAKE A BREAK FROM THE PUBLIC HEARING; THERE WILL BE TWO ADDITIONAL ITEMS DISCUSSED AFTER THE HEARING AND ENCOURAGED THE AUDIENCE TO STAY, HE THEN THANKED THE AUDIENCE FOR THE INPUT AT THE MEETING TODAY, AS IT WAS VALUABLE. COMMISSIONER LYONS ASKED ENGINEER ROBBINS IF HE HAD ANY ADDITIONAL TESTIMONY TO OFFER, AND MR. ROBBINS RESPONDED NEGATIVELY. COMMISSIONER LYONS THEN POINTED OUT THAT THE PUBLIC HEARING NOTICES ARE PUBLISHED IN THE PAPER, AND THE AGENDAS OF THE MEETINGS ARE AVAILABLE AT THE COURTHOUSE, IN ORDER TO LET THE PEOPLE KNOW OF THESE MATTERS. CHAIRMAN SIEBERT INTERJECTED THAT THEY HAVE EVEN INITIATED A POLICY WHERE A SIGN IS ERECTED ON THE PROPERTY TO INFORM THE PUBLIC OF A PROPOSED REZONING. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. AFTER A SHORT BREAK, THE BOARD RECONVENED. ATTORNEY COLLINS SUGGESTED THAT IN THE BOARDS CONSIDERATION IN THIS MATTER, THAT THEY BE SPECIFIC AS TO THEIR REASONING, AND WEN IT CAME TIME FOR THE MOTION AND THE SECOND TO THE MOTION, TO BE t t SPECIFIC. CHAIRMAN SIEBERT THEN ANNOUNCED THE MEETING WAS OPEN FOR DELIBERATION BY THE BOARD. COMMISSIONER WODTKE STATED THAT HE HAD SEVERAL COMMENTS TO MAKE. THE BOARD IS BEING REQUESTED TO CONSIDER A CHANGE IN THE ZONING OF A PIECE OF PROPERTY AND HE MUST CONSIDER THE HIGHEST AND BEST USE OF THIS PROPERTY. COMMISSIONER WODTKE COMMENTED THAT MR. FLETCHER SAID THE NEIGHBORS SHOULD CONTROL THE DESTINY OF THE LAND, BUT HE DISAGREES WITH THAT STATEMENT. HE ADDED THAT HE THOUGHT THE NEIGHBORS SHOULD HAVE INPUT INTO THE MATTER THAT SHOULD BE CONSIDERED. COMMISSIONER WODTKE REFERRED TO THE CONSTITUTIONAL RIGHTS OF A CITIZEN OF THE UNITED STATES AND THAT IS LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS - THAT IS ALSO THE RIGHT TO ACQUIRE, DEVELOP AND DISPOSE OF PROPERTY, AND - HE HAS A RESPONSIBILITY TO THE PROPERTY OWNER AS WELL AS TO THE ADJOINING PROPERTY OWNER. HE THEN REFERRED TO THE HISTORY OF THIS PARTICULAR PIECE OF PROPERTY; THE ODD SHAPE AND THE SETBACKS MUST BE TAKEN INTO CONSIDERATION. COMMISSIONER WODTKE NEXT MENTIONED THE CONCERN OF THE UTILITIES, AND STATED THERE ARE REGULATORY AGENCIES THAT HIGHLY RESTRICT THIS, AS WELL AS THE COUNTY'S FRANCHISE AGREEMENTS THAT HAVE CONTROL. HE ADDED THAT IT IS NOT NECESSARY, !NOR HAS THIS BOARD REQUIRED A DEVELOPER TO PUT IN TEST WELLS PRIOR TO A CONSIDERATION OCT 15 1980 15 BOOK`" 44 PAf f OCT 15 1980 FOR REZONING. ►oK 44 PArfi 9?'% COMMISSIONER WODTKE STATED HE MUST CONSIDER THE SURROUNDING PROPERTY; THE HIGHEST AND BEST USE OF THIS PROPERTY, AND APPLY THAT USE INTO THE EXISTING LAND USE, ALSO, HE MUST CONSIDER WHETHER IT WOULD BE DETRIMENTAL TO THE AREA, AND WHETHER IT SHOULD BE SINGLE-FAMILY OR MULTI -FAMILY. COMMISSIONER WODTKE NOTED THE REQUEST, AS SUBMITTED, WAS NOT AN INCREASE IN DENSITY, AS HAS BEEN INDICATED. HE ALSO EXPRESSED CONCERN ABOUT OUTSIDE DEVELOPERS, AND IN THE PAST, THE BOARD WAS CONCERNED ABOUT VISTA PROPERTIES AND THE MOORINGS. COMMISSIONER WODTKE MENTIONED OUR PRESENT ZONING ORDINANCES AND BELIEVED THAT THIS WAS NOT SPOT ZONING. HE BELIEVED THE PRESENTATION ADDRESSED THE NECESSARY ITEMS AS TO THE CONCERN FOR WATER AND SEWER; AND THEY CERTAINLY ARE GOING TO HAVE TO BE CERTIFIED BY THE REGULATORY AGENCIES. COMMISSIONER WODTKE STATED THAT PACKAGE PLANTS ARE NOT THE MOST DESIRABLE BUT PACKAGE PLANTS ARE ACCEPTABLE. IF THEY ARE NOT, THEN WE WOULD NOT HAVE HAD A .JOHN'S ISLAND TODAY. HE CONCLUDED BY NOTING THAT BY LEAVING THE WESTERLY AREA IN R -2A, AND HAVING THE EASTERLY AREA IN R -2B, THAT IS VERY MUCH IN COMPLIANCE WITH WHAT IS IN THE SURROUNDING AREA, AND HE,THOUGHT THE BOARD SHOULD APPROVE THE REQUEST AS MODIFIED. COMMISSIONER Loy COMMENTED THAT IT IS VERY DIFFICULT NOT TO MAKE THE MOST POPULAR DECISION. SHE STATED THAT IT WAS INTERESTING THAT NO ONE HAD ADDRESSED THE LEGAL RIGHTS OF THE PEOPLE THAT OWN THE PROPERTY - THAT WILL WEIGH VERY HEAVILY UPON THE DECISION OF THE BOARD. COMMISSIONER LOY NOTED THAT THIS APPLICATION WOULD NEVER HAVE BEEN IN FRONT OF THE BOARD IF THERE HAD BEEN IN EFFECT A PROPER. -WAY TO MOVE TO THE MULTI -FAMILY USAGE. SHE ADDED THAT THIS APPLICATION HAS COME THROUGH THE GOVERNMENTAL PROCEDURES SINCE THE FIRST OF .JULY, SO THERE IS NOTHING HASTY TODAY, AND THIS PROPOSAL APPEARS TO BE IN LINE WITH THE NEW THINKING THAT IS COMING ON OUR MASTER PLAN. COMMISSIONER Loy WOULD LIKE TO FEEL THAT THE MASTER PLAN WILL BE COMPLETED WITHIN A SHORT PERIOD OF TIME; HOWEVER, SHE THOUGHT THE BOARD MUST GO THROUGH THE DUE PROCESS TO THE PETITIONERS AS THEY COME TO THE BOARD. COMMISSIONER LYONS COMMENTED THAT HE DID NOT THINK THE TRAFFIC SITUATION HAD BEEN PROPERLY ADDRESSED ON A -1-A BETWEEN THE CITY OF VERO BEACH AND JOHN'S ISLAND. HE ALSO POINTED OUT THAT THE COUNTY IS TRYING THEIR BEST TO GET RID OF PACKAGE PLANTS, BUT STILL APPROVING THEM. LAST NIGHT IN THESE COUNCIL CHAMBERS, THE CITY OF VERO BEACH GAVE PRACTICAL APPROVAL TO AN AGREEMENT TO GET A SEWER AGREEMENT BETWEEN THE CITY OF VERO BEACH, INDIAN RIVER SHORES AND THE COUNTY, AND AS FAR AS COMMISSIONER LYONS COULD SEE, THEY HAD A SIGNABLE AGREEMENT. HE POINTED OUT THAT ONE OF THE OBJECTS OF THAT AGREEMENT WAS TO GET RID OF THE PACKAGE PLANTS; IT SAYS THAT THEY WILL FIRST SERVE THE ENTIRE NEEDS OF THOSE PROJECTS SO THAT THE PACKAGE PLANTS WILL GO OUT OF BUSINESS. COMMISSIONER LYONS REITERATED THAT THE OBJECT WAS TO GET RID OF THE PACKAGE PLANTS AND GET THE SEWER TREATMENT INTO A CENTRAL PLANT, SO THAT WE DON'T HAVE THE KIND OF PROBLEMS WE HAVE NOW. HE STATED THAT THERE IS A 201 STUDY BEING MADE, WHICH WILL PROVIDE FOR SEWER SERVICE IN THE FUTURE TO THIS AREA IN QUESTION; AND WONDERED IF THE THING TO DO IS TO WAIT UNTIL WE DO HAVE THE ADEQUATE SEWER ARRANGEMENTS AND NOT FURTHER PROLIFERATE THE USE OF PACKAGE PLANTS IN THAT AREA. REGARDING DENSITIES, MANY PEOPLE WERE SURPRISED TO FIND THAT IN SINGLE-FAMILY ZONING, OR R-1, IT EQUATES TO 6 UNITS PER ACRE; R -IA IS 4 UNITS, AND R-lAA IS A LITTLE OVER 2 UNITS PER ACRE; R -2A HAS THE SAME DENSITY AS R -IA - THAT SHOULD CLEAR UP SOME MISUNDERSTANDING ABOUT THE DENSITIES, COMMISSIONER LYONS FELT. HE ALSO THOUGHT THERE WAS A DISTINCT POSSIBILITY THAT THERE WOULD BE A BARRIER ISLAND STUDY, AND THAT THE BOARD SHOULD MAINTAIN THE STATUS QUO UNTIL THEY DO HAVE THE STUDY, AS WELL AS THE MASTER PLAN FOR THIS AREA. COMMISSIONER LYONS MENTIONED THAT ONCE YOU HAVE COMMITTED THE LAND, IT IS VERY DIFFICULT, IF NOT IMPOSSIBLE, TO TURN BACK. THE COUNTY DOES HAVE AN ORDINANCE THAT THE BOARD CAN MAINTAIN THE STATUS QUO UP TO A YEAR WHILE THE STUDIES ARE COMPLETED.; AND THAT WAS COMMISSIONER LYONS' RECOMMENDATION, CHAIRMAN SIEBERT THEN STATED THAT HE HAD SEVERAL QUESTIONS TO ASK THE DEVELOPER, AND ATTORNEY COLLINS SAW NO REASON WHY HE COULD NOT DO SO. c� 5 tseo gaQx- 44- P.�cf N 0 17 F OCT 15 1980 ..' 4 BOOR .. .44 Fig 029 CHAIRMAN SIEBERT ASKED IF THE GEOLOGICAL SURVEY THE DEVELOPER USED, SHOWING THE WATER SUPPLIES, WAS DATED OCTOBER, 1951. ATTORNEY HENDERSON RESPONDED THAT THE SURVEY WAS PART OF A 1975 REPORT; OBVIOUSLY THE PEOPLE WHO ASSEMBLED THE REPORT FELT IT WAS RELEVANT. CHAIRMAN SIEBERT STATED IT WAS MENTIONED THAT ESCAMBIA COUNTY WAS THE SOLE COUNTY LEFT IN THE STATE WHERE THERE WERE N0. ZONING REGULATIONS, AND ASKED IF THAT WAS CORRECT. ATTORNEY HENDERSON STATED THAT IS THE CASE IN ESCAMBIA COUNTY - IT IS ONE OF THE FEW COUNTIES IN FLORIDA THAT DOES THIS. CHAIRMAN SIEBERT NOTED THAT MR. ACOR REFERRED TO THIS REQUEST AS A SPECIAL REZONING - IT MAY BE SPECIAL TO HIM, BUT THE BOARD DOES RECEIVE THESE REQUESTS ALL THE TIME AND IN TERMS OF ZONING REQUESTS, THIS IS NOT A SPECIAL REZONING. HE ADDED THAT MR. ROSE SPOKE ABOUT THE HIGH LIVING STANDARDS OF INDIAN RIVER COUNTY, AND THAT THIS WOULD BE SPOT ZONING, BUT THE CHAIRMAN STATED THIS REQUEST IS NOT TO BE CONSIDERED SPOT ZONING. THE CHAIRMAN SAID THAT THE UTILITIES PROBLEM IN THE AREA WAS ONE OF HIS GREATEST CONCERNS; HOWEVER, THE PROCESS THAT A DEVELOPER MUST GO THROUGH IN ORDER TO GET A FRANCHISE FOR A SEWAGE TREATMENT PLANT IS QUITE EXTENSIVE. HE ADDED THAT THE FRANCHISE ITSELF IS ANOTHER PUBLIC HEARING PROCESS, AND THERE ARE CERTAIN CONDITIONS THAT MUST BE MET. THE CHAIRMAN STATED THAT ATTORNEY HENDERSON WAS RIGHT THAT THERE IS A CONNECTION CHARGE THAT MUST BE PUT IN ESCROW. CHAIRMAN SIEBERT THEN REVIEWED SOME OF THE OTHER COMMENTS MADE BY THE CITIZENS. HE STATED THAT HAVING A REFERENDUM VOTE ON SOMEBODY ELSE IS PROPERTY IS UNACCEPTABLE, THE CHAIRMAN CALLED THEIR ATTENTION TO THE FACT THAT THE CITY OF BOCA RATON TRIED TO PLACE A DENSITY CAP ON WHAT THEY THOUGHT WAS REALISTIC FOR THEIR CITY, AND THE LOWER COURT STRUCK DOWN THAT ORDINANCE, VOTED UPON BY REFERENDUM, PROVIDING .FOR A DENSITY CAP SAYING THAT IT WAS UNREALISTIC AND COULD NOT BE SUPPORTED BY FACT. REGARDING DENSITY, THE CHAIRMAN FELT IT WAS NOT A QUESTION THAT COULD BE DECIDED BY REFERENDUM - HE THOUGHT IT WOULD BE VERY DANGEROUS TO DO 18 THAT. CHAIRMAN SIEBERT COMMENTED THAT NOBODY ADDRESSED THE LEGAL RIGHTS OF THE PETITIONER AT ALL. HE ALSO THOUGHT IT WAS UNFORTUNATE TO HAVE TO SIT AT THE VERY END OF OUR TENURE ON THE BOARD TO MAKE AN UNPOPULAR DECISION SUCH AS THIS ONE. CHAIRMAN SIEBERT STRONGLY FELT THAT ONE INDIVIDUAL °S RIGHTS ARE JUST AS IMPORTANT AS EVERYONE `S COLLECTIVE RIGHT. HE ADDED THAT NOT ONE PERSON SPOKE OF THE FACT THAT THIS IS A REDUCTION IN DENSITY, WHEN IN FACT THE DENSITY COULD BE HIGHER AS THE ZONING EXISTS. THE CHAIRMAN FELT THAT A LOT OF PEOPLE ARE CONCERNED ABOUT PUTTING MULTI -FAMILY ON THE BEACH BECAUSE THEY DON IT LIKE IT, AND THEY ARE AFRAID OF THE DOMINO EFFECT WHERE ALL PROPERTY ON THE BEACH COULD FALL INTO THE MULTI -FAMILY CONCEPT AND CREATE HIGHER DENSITY SOMETIME IN THE FUTURE. HE DOES NOT AGREE WITH THIS - HE FELT THAT CLUSTER TYPE HOUSING IS GOING TO BE ESSENTIAL FOR THE COUNTY IN THE FUTURE. HIS LAST COMMENT WAS THAT THERE IS A DEVELOPMENT ON THE BOARD RIGHT NOW THAT HAS BEEN APPROVED THAT WILL HAVE A FAR MORE SIGNIFICANT IMPACT ON THE LIFESTYLES THAT THE RESIDENTS NOW ENJOY - THE BOARD WILL BE ADDRESSING THAT MATTER LATER THIS MORNING. CHAIRMAN SIEBERT THEN ENCOURAGED THE AUDIENCE TO STAY TO LISTEN TO THE COMMENTS BECAUSE HE DOES FORESEE A PROBLEM IF WE DO NOT MAKE SOME PLAN NOW TO PREVENT A PROLIFERATION OF HOUSING ON THE BARRIER ISLAND, AND GIVE SOME DIRECTION TO THE PLANNING DEPARTMENT ON HOW TO PROCEED. MOTION WAS MADE BY COMMISSIONER LOY THAT THE BOARD ADOPT ORDINANCE 80-37 APPROVING THE APPLICATION FOR ZONING CHANGE FOR THE SUBJECT PROPERTY, PETITION PRESENTED BY ATTORNEY HENDERSON, FOR REZONING FROM R-1 TO R -2A ON THE WEST SJDE OF A -1-A AND FROM R-1 TO - R -2B ON THE EAST SIDE OF A -1-A; ON THE BASIS THAT THIS PROPERTY WOULD BE COMPATIBLE WITH SURROUNDING AREAS PRESENTLY ZONED FOR MULTI -FAMILY USE; AND THIS WAS DENIED BY THE PLANNING & ZONING COMMISSION PRIMARILY BECAUSE IT HAD TO BE PLACED IN A HIGHER DENSITY CATEGORY IN ORDER TO UTILIZE THE FLEXIBILITY OF SURROUNDING MULTI -FAMILY USES; THE AMENDED APPLICATION WHICH WE ARE APPROVING CREATES AN OVERALL DENSITY LESS THAN THE EXISTING DENSITY; THIS PROPOSAL IS IN LINE WITH THE PROPOSED OCT 15 19RD 19 BOOK 44 oGE 930 OCT 151980 WOK 44,Pjce-931 LOW TO MEDIUM DENSITIES OF THE MASTER PLAN; AND IT IS COMPATIBLE WITH THE REALIZATION THAT MULTI -FAMILY USES WITH LOW DENSITIES CREATE A MUCH BETTER USE OF THE LAND THAN SINGLE-FAMILY DEVELOPMENTS. COMMISSIONER WODTKE SECONDED THE MOTION AND CONCURRED WITH THE REASONING PLUS THE CONSIDERATION OF THE SHAPE OF THE PROPERTY; THE CONCERNS AS TO THE COST OF PROVIDING UTILITIES IN MULTI -FAMILY DISTRICT; AND THE FACT THAT IT IS THE HIGHEST AND BEST USE OF THE LAND. COMMISSIONER LYONS STATED THAT HE COULD NOT SUPPORT THAT ORDINANCE; IN THE FIRST PLACE, THAT PLACES THE R -2B ON THE BEACH AND WHICH MAKES IT S UNITS PER ACRE, HE CONTINUED THAT IT IS PRESENTLY ZONED 6 UNITS PER ACRE IN R-1, AND HE COULD NOT SUPPORT ANY ORDINANCE THAT INCREASES DENSITY ON THE BEACH. COMMISSIONER LYONS NOTED THERE ARE TWO PIECES OF PROPERTY - THE ONE ON ONE SIDE OF A -1-A WILL BE ZONED ONE WAY, AND THE OTHER SIDE OF A -1-A WILL BE ZONED ANOTHER. HE DOES NOT DOUBT THE INTEGRITY OF THE DEVELOPERS BUT THE FACT IS THAT THERE WILL BE ON THE EAST SIDE OF A -1-A, A DENSITY OF S UNITS PER ACRE. DISCUSSION FOLLOWED ALONG THOSE LINES. CHAIRMAN SIEBERT COMMENTED THAT THIS SHOULD NOT BE TAKEN AS HOW THE BOARD WILL SAY THE REST OF THE BEACH CAN GO - THE PRIMARY CONCERN IS THE FACT THAT THE SURROUNDING PROPERTY IS ZONED MULTI- FAMILY. COMMISSIONER LYONS WONDERED IF THIS IS THE RIGHT THING TO D0, AS RIGHT NOW THE PROPERTY IS ZONED R-1 AT 6 UNITS PER ACRE. HE WAS WORRIED ABOUT MAKING THE PROPERTY HAVE A DENSITY OF S UNITS PER ACRE. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 3 TO 1, WITH COMMISSIONER LYONS VOTING IN OPPOSITION. ORDINANCE 110. 80-37 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; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that 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 i following described property situated in Indian River County, Florida, to -wit: All of Government Lot 1, Section 36, Township 31 South, Range 39 East, EXCEPT one acre in the Northeast.corner, thereof described as follows: Begin on the bank or bluff of the Atlantic Ocean on the North line of said Government Lot 1, thence run West 209 feet; thence South 209 feet; thence East 209 feet to the bank or bluff of the Atlantic Ocean; thence run Northerly along said bank or bluff to the Point of Beginning; ALSO EXCEPT the North 15 feet of said Government Lot 1, and ALSO EXCEPTING the right-of- way for State Road A -1-A as described in Deed recorded in Official Record Book 35, Page 393, etc., Public Records of Indian River County, Florida. ALSO EXCEPTING the south 70 feet of Government Lot 1 as measured on the perpendicular to the South line of said property (which is the South line of said Government Lot 1) lying Easterly of the Easterly right-of-way of State Road A -1-A. Be changed from R-1 Single Family Residential District to R -2B Multiple Family District for the 14.01 acres'East of AlA and R -2A Multiple Family District for the 16.45 acres West of AlA of the described property. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect October 20, 1980. OCT 151980 soar 44- P 932 A OCT 151990 66DK 44 PJGE 9,33 11c gm ulkimm CHAIRMAN SIEBERT NEXT OPENED THE DISCUSSION FOR HAVING ADDITIONAL CONTROLS FOR DENSITY ON THE BEACH AREA. COMMISSIONER LYONS STATED THAT THERE ARE SITE PLANS FILED FOR AT LEAST TWO PIECES OF PROPERTY THAT MIGHT BE CONSIDERED AS DEVELOPMENTS OF REGIONAL IMPACT, AND IN LIGHT OF THIS, THE BOARD SHOULD BE SURE THAT CONSIDERATION IS GIVEN TO THIS MATTER, HE CONTINUED THAT ONE WAY TO HELP THE BOARD GET THIS DETERMINATION IS TO ASK THE REGIONAL PLANNING COUNCIL TO ASSIST US. HE UNDERSTOOD THAT THE BOARD HAS ASKED THE DEVELOPER TO ASK THE DIVISION OF LAND PLANNING FOR A BINDING LETTER. COMMISSIONER LYONS THOUGHT IT WOULD BE HELPFUL TO ASK THE REGIONAL PLANNING COUNCIL TO ASSIST IN BRINGING THIS ABOUT, AND UNTIL THE RPC GETS AN OFFICIAL REQUEST FROM THE COUNTY, THEY CANNOT ACT. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER Loy, THAT THE BOARD AUTHORIZE THE REGIONAL PLANNING COUNCIL TO ASSIST THEM IN DETERMINING WHETHER OR NOT ONE OR MORE OF THE PROPOSED DEVELOPMENTS IN THE NORTH PART OF THE BARRIER ISLAND SHOULD BE CONSIDERED DEVELOPMENTS OF REGIONAL IMPACT. DISCUSSION FOLLOWED, AND IT WAS DETERMINED THIS WOULD BE THE BOARD'S WAY OF GETTING FURTHER ASSISTANCE IN MAKING THIS DETERMINATION. COMMISSIONER WODTKE COMMENTED HE WOULD SUPPORT THE MOTION AS LONG AS WE INDICATE THAT THERE IS A POSSIBILITY THIS IS A DRI AND THAT THE BOARD WOULD LIKE TO HAVE THE EXPERTISE OF THE REGIONAL PLANNING COUNCIL. PLANNING DIRECTOR REVER UNDERSTOOD THERE WAS A PROCESS TO GO THROUGH, BUT THE BOARD MUST FIRST SEEK FROM THE DEVELOPER A BINDING LETTER. HE ADDED THAT IF THE DEVELOPER CHOOSES NOT TO DO S0, THEN THROUGH THE BOARD, THEY CAN GO TO THE REGIONAL PLANNING COUNCIL TO SEEK THEIR HELP. ATTORNEY HENDERSON, REPRESENTING THE DEVELOPERS OF THE SEA OAKS PROJECT, COMMENTED THAT HE DID NOT BELIEVE THE DEVELOPER HAS TAKEN THE POSITION TO APPLY FOR A BINDING LETTER ON THE TWO SEA OAKS PROJECTS, NOW KNOWN AS BEACH COLONY AND RIVER BEND. COMMISSIONER LYONS REITERATED THAT HIS MOTION SIMPLY STATES THAT THE BOARD WOULD ASK FOR ASSISTANCE FROM THE REGIONAL PLANNING COUNCIL, FORMALLY OR INFORMALLY, IN CONNECTION WITH THIS QUESTION. ATTORNEY COLLINS NOTED THAT THERE ARE TWO PIECES OF PROPERTY SEPARATED BY 1200' IN THE SEA OAKS AREA, AND THE DEVELOPER NEEDS TO LET THE BOARD KNOW IF HE IS GOING TO DEVELOP ONE OR TWO PIECES. HE ADDED THAT WE NEED TO KNOW THIS INFORMATION BEFORE WE GO TO THE REGIONAL PLANNING COUNCIL. ATTORNEY HENDERSON COMMENTED THE DEVELOPERS HAVE NOT MADE ANY DECISIONS AS TO WHETHER TO WITHDRAW ONE OF THE SITE PLANS. HE FELT THE BINDING LETTER PROCESS IS NOT AN EASY TASK FOR ANY DEVELOPER. ATTORNEY COLLINS DID NOT THINK THAT BURDEN SHOULD BE ON THE COMMISSION; THE DEVELOPER SHOULD LET THE BOARD KNOW WHAT IT PLANS TO DO. ATTORNEY HENDERSON WONDERED IF THE BOARD WAS GOING TO REQUIRE A BINDING LETTER ON JUST ONE PROJECT; HE DID NOT THINK ON ONE PROJECT, THE BOARD'S POSITION WAS GOOD. PROJECT. CHAIRMAN SIEBERT STATED THAT,IN HIS MIND, SEA OAKS IS ONE THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND PASSED UNANIMOUSLY. CHAIRMAN SIEBERT COMMENTED THAT THERE IS A TOOL TO BE USED - FOR PLANNED RESIDENTIAL DEVELOPMENT, AND HE FELT STRONGLY THAT THE USE OF THIS TOOL SHOULD NOT HAVE TO WAIT FOR THE COMPREHENSIVE LAND USE PLAN. HE CONTINUED THAT IT IS A VIABLE TOOL THAT WILL HOLD DEVELOPERS TO WHAT THEY SAY THEY ARE GOING TO DO. THE CHAIRMAN FELT THE PLANNING DEPARTMENT COULD COME UP WITH A PROPOSED ORDINANCE, USING THIS TOOL RIGHT AWAY WITH OUR EXISTING ZONING. HE THEN ASKED FOR THE BOARD'S THOUGHTS ON THIS MATTER. 23 Bb& 44 --:A . 0 CT 15 i9 �o OCT I o 1900 mox 44PnE 935 COMMISSIONER LYONS COMMENTED THAT HE IS LOOKING FOR SOME KIND OF A BETTER SITUATION FOR LOW DENSITY, MULTI -FAMILY DEVELOPMENT AND IF THIS WAS THE WAY TO GET IT, THEN IT WAS FINE WITH HIM. CHAIRMAN SIEBERT STATED THAT IT WAS NOT A SOLUTION BUT A STEP IN THE RIGHT DIRECTION. COMMISSIONER Loy STATED THAT IF THIS WILL GIVE THE BOARD A TOOL THEY CAN USE TO MAKE SURE THAT THE PLANS THE DEVELOPERS PROPOSE TO US WILL BE CARRIED OUT, THEN SHE WOULD SAY TO MOVE ON, WITHOUT CONDITIONAL ZONING. ATTORNEY COLLINS ASKED IF IT WAS ENVISIONED THAT THIS WOULD BE A SEPARATE CATEGORY, OR IS IT A SPECIAL EXCEPTION UNDER THE EXISTING CATEGORIES? COMMISSIONER WODTKE COMMENTED HE DID NOT KNOW WHAT WAS REQUIRED IN ORDER TO MAKE IT CONTRACTUAL; IT IS NOT CONDITIONAL ZONING, IT IS CONTRACTUAL WITHIN THE ZONE ITSELF. HE CONTINUED THAT IF IT IS GOING TO BE PLANNED RESIDENTIAL, THEN HE WOULD ASSUME IT WOULD ONLY BE IN RESIDENTIAL ZONES. PLANNING DIRECTOR REVER STATED THAT THEIR OBJECTIVE IS TO SPEED UP THE PROCESS, BUT BASICALLY IT WOULD APPLY ONLY TO RESIDENTIAL ZONES AND THAT IT WOULD BE APPLIED TO AS A CONDITION WITH SPECIAL EXCEPTION, AND CONDITIONAL AS A SITE PLAN APPROVAL. MR. REVER ADDED THAT ALL OF THE EXISTING ZONING REQUIREMENTS, AS FAR AS DENSITY, WOULD STILL BE APPLICABLE; IT WOULD JUST ALLOW MORE FLEXIBILITY IN PREPARING A TOTAL PLAN WHICH WOULD BE APPROVED THAT WOULD GO WITH THE PLAN. MR. REVER SAW IT MORE AS AN OVERLAY ON THE ZONING, THAT IS, JUST PUTTING ANOTHER LAYER ON WHICH HAS MORE SPECIFIC CONDITIONS, OTHER THAN THE STANDARD ZONING. MRS. CAROLYN EGGERT, OF THE PLANNING & ZONING COMMISSION, WAS HOPING TO BE ABLE TO CHANGE THE NAME AND GET AWAY FROM "PLANNED RESIDENTIAL" AS IT CAN BE A MISNOMER. SHE ADDED THAT THEY HAVE BEEN VERY CAREFUL IN THEIR MEETINGS TO TALK ABOUT LOW AND MEDIUM DENSITY, AND THEY TRY TO DEFINE THESE TERMS. MRS. EGGERT SUGGESTED THAT THE BOARD COULD HELP BY BEING CAREFUL WITH WORD TITLES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 12:20 O'CLOCK P.M. ATTEST: CLERK CHAIRMAN 25 80QK 44 PA�E�c7c)U OCT 15 190