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HomeMy WebLinkAbout6/10/1981111EDNESDAY, ,JUNE I0, 1981. 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, FLORILA, ON WEDNESDAY, JUNE 10, 1981, AT 7:00 O'CLOCK P.M. PRESENT WERE PATRICK B. LYONS, CHAIRMAN; WILLIAM C. WODTKE, JR., VICE CHAIRMAN; DICK BIRD; ALFRED GROVER FLETCHER; AND DON C. SCURLOCK, JR. ALSO PRESENT WERE NEIL A. NELSON, COUNTY ADMINISTRATOR; GEORGE G. COLLINS, SJR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; AND VIRGINIA HARGREAVES, DEPUTY CLERK, THE CHAIRMAN CALLED THE MEETING TO ORDER AND ANNOUNCED THAT IT WAS CALLED FOR THE PURPOSE OF CONSIDERING A POSSIBLE EMERGENCY MORATORIUM ON SITE PLANS IN THE NORTH BEACH AREA. IN REGARD TO THE NORTH BEACH REZONING, IHE BELIEVED THERE HAS BEEN SOME CHANGE, AND IT WILL NOT BE CONSIDERED TONIGHT. HE REQUESTED THAT COMMISSIONER SCURLOCK MAKE A STATEMENT ACQUAINTING THE PUBLIC WITH THE LATEST UP- DATE ON THE PROPOSED MORATORIUM. COMMISSIONER SCURLOCK NOTED THAT THE BOARD HAS STARTED THE PROCESS OF REZONING IN THE NORTH BEACH AREA TO R -2A ON THE PORTION WEST OF STATE ROAD AIA AND TO R -ZD ON THE EAST OF AZA, WHICH REPRE- SENTS DENSITIES OF 4 AND 6 MULTI FAMILY, BUT ALLOWS FOR SINGLE FAMILY RESIDENTIAL ALSO. THIS MEETING ORIGINALLY WAS CALLED FOR THE PURPOSE OF CONSIDERING AN EMERGENCY MORATORIUM ON SITE PLANS IN THIS AREA, BUT AFTER A GREAT DEAL OF DISCUSSION AND INPUT,.AS WELL AS A MEMO FROM THE COUNTY ATTORNEY EXPLAINING THE BOARDS OPTIONS, COMMISSIONER SCURLOCK STATED THAT, ALTHOUGH HE STILL BELIEVES THAT A VERY CRITICAL SITUATION EXISTS IN THIS AREA IN REGARD TO WATER RESOURCES AND SERVICES, HE IS NOW OF THE OPINION THAT IT IS INAPPROPRIATE TO GO FORWARD WITH AN EMERGENCY ORDINANCE AND THAT INSTEAD THE BOARD SHOULD MOVE FORWARD WITH A REGULAR ORDINANCE WHICH WOULD BE TIED IN WITH THE COMPLETION OF THE COMPREHENSIVE LAND USE PLAN. HE SUGGESTED THAT SUCH A MORA- - TORIUM BE SET FOR 120 DAYS MAXIMUM OR ADOPTION OF THE LAND USE PLAN, WHICHEVER COMES FIRST, AND BELIEVED THAT ABOUT 15 DAYS WOULD BE REQUIRED FOR ADVERTISEMENT OF THE PROPOSED ORDINANCE AND A HEARING PROBABLY f OGS f A "F. 661 0 JUN 1 U 1981 A�3� a� JUN���2 101991 .d COULD BE HELD ON OR ABOUT JUNE 30TH. HE THEN GAVE JUSTIFICATION FOR A MORATORIUM, CITING TRAFFIC PATTERNS, THE BARRIER ISLAND STUDY, WATER AND WASTE WATER PROBLEMS, AND NO PLAN FOR THESE SERVICES, AND NOTED THAT THE NORTH BEACH AREA IS VERY DIFFERENT THAN THE SOUTH BEACH AREA WHERE THERE IS AN EXISTING AGREEMENT FOR SERVICES. COMMISSIONER SCURLOCK COMPLIMENTED ATTORNEY COLLINS FOR DOING AN EXCELLENT JOB IN OUTLINING WHAT THE BOARD NEEDS TO DO TO MOVE FORWARD. COMMISSIONER FLETCHER WISHED TO HAVE SOME OPPORTUNITY FOR OPEN DISCUSSION ON THE MORATORIUM FOR THE NEXT 25 MINUTES, AND THE BOARD HAD NO OBJECTION. ON MOTION BY'COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY AGREED TO OPEN THE FLOOR TO DISCUSSION OF THE PROPOSED MORATORIUM IN THE NORTH BEACH AREA FOR THE NEXT 25 MINUTES. COMMISSIONER FLETCHER INFORMED COMMISSIONER BIRD THAT HE HAS NOW DETERMINED THAT THE WATER USE IN MULTIPLE FAMILY IS LESS THAN IN SINGLE FAMILY RESIDENTIAL AND AGREED THAT HIS PREVIOUS CONCEPT OF THIS WAS WRONG, COMMISSIONER FLETCHER ALSO FELT THAT ATTORNEY COLLINS HAD PROPOSED A SOUND PROCEDURE IN HIS MEMO AND STATED THAT HE WOULD SUPPORT A MOTION FOR A MORATORIUM, ALTHOUGH HE WAS NOT SURE OF THE DEFINITION OF THE WORD "EMERGENCY." HE THEN PROCEEDED TO SET OUT SOME REASONS WHY HE FELT HE SHOULD SUPPORT A MORATORIUM AND TO PRESENT SOME INFORMA— TION WHICH HE FELT WE NEED TO LOOK AT LONG AND HARD: 1) THE UNDERGROUND WATER LEVELS IN BREVARD AND INDIAN RIVER COUNTY FELL AN AVERAGE OF 6" SINCE THE MAY 13, 1081 DECLARATION OF THE SHORTAGE, AND TEST WELLS LOCATED IN TITUSVILLE, VERO BEACH, AND ORANGE COUNTY, CONTINUE TO DECLINE; THEY ALREADY ARE 1' BELOW THEIR HISTORIC LEVELS, 2) THE ST. JOHNS RIVER WATER NORMALLY MOVES AT 394 CUBIC FEET PER SECOND AND IN APRIL ITS FLOW WAS 26 CU. FT. PER SECOND. 3) THE AVERAGE CITRUS TREE USES 25-30 GALLONS OF WATER PER DAY, AND THAT DOESN'T INCLUDE ANY OTHER TYPES OF TREES OR FOLKS. 4) EAST OF THE MISSISSIPPI, MORE FARM LAND IS IRRIGATED IN FLORIDA THAN IN ANY OTHER STATE IN THE UNION. a COMMISSIONER FLETCHER NOTED THAT WE MUST CO -EXIST WITH OUR FARMERS AND OUR RESIDENTS, AND WATER IS A REAL BIG QUESTIONMARK. HE CONTINUED THAT HE HAD TALKED TO WELL DRILLERS AND ASKED IF THEIR FIELD EXPERIENCE TOLD THEM THAT THE SALT CONTENT IN THE DEEP AQUIFER IS DECREASING, INCREASING OR REMAINING THE SAME, AND THEY TELL YOU FLAT OUT THAT THE SALT CONTENT IS NOT DECLINING. COMMISSIONER FLETCHER CONTINUED THAT HE HAS WITNESSED THE TRANSITION OF THE LAND AND THE PEOPLE ON THE ISLAND; THE MAJORITY OF THE PEOPLE ARE THERE ONLY PART OF THE TIME, AND WHILE A LIMITED RESORT COMMUNITY CAN BE HELPFUL TO OUR COMMUNITY, HE DID NOT BELIEVE IT IS A FIRM BASIS FOR OUR SOCIETY SINCE THE WATER RESOURCES OF THE BARRIER ISLAND ARE DEFINITELY LIMITED AND THERE IS NOT SUFFICIENT LONG TERM DATA TO DETERMINE THE AFFECT CONTINUED DEVELOPMENT WILL HAVE ON-SALT.:WATER :ENCROACHMENT' IN THE DEEP AQUIFER. HE THEN QUESTIONED THE USE OF THE REVERSE OSMOSIS TREATMENT METHOD, NOTING THAT IT GENERATES AND REJECTS 25-30'GALLONS OF WASTE WATER AND PRODUCTS FOR EVERY 100 GALLONS PROCESSED,- COMMISSIONER FLETCHER POINTED OUT THAT WHILE THE HIGH RIDGE ON THE ISLAND IS IDEAL FOR INDIVIDUAL SEPTIC TREATMENT SYSTEMS, DEVELOPMENTS CREATE THE NECES- SITY FOR PACKAGE TREATMENT PLANTS, WHICH HAVE NOT PROVEN TO BE EITHER EFFECTIVE OR SATISFACTORY, HE FELT IT IS TIME TO REJECT THE ILLUSION THAT INFINITE GROWTH IN A FINITE ENVIRONMENT IS POSSIBLE AND THAT SCIENCE CAN SOLVE ALL OUR PROBLEMS. CHAIRMAN LYONS WISHED TO ASCERTAIN IF THE TERRITORY TO BE INVOLVED IN THE PROPOSED MORATORIUM INCLUDES THE NORTH BEACH UP TO THE COUNTY LINE, AND COMMISSIONER SCURLOCK GAVE THE FOLLOWING DESCRIP- TION: A NORTH BEACH AREA OF THE BARRIER ISLAND, AN AREA -LYING NORTH OF THE TOWN LIMITS OF INDIAN RIVER SHORES, WEST OF THE ATLANTIC OCEAN, EAST OF THE INDIAN RIVER, AND SOUTH OF THE NORTH COUNTY LINE, LESS THE TOWN OF ORCHID. COMMISSIONER BIRD STATED THAT, CONTRARY TO POPULAR BELIEF, HE SHARES COMMISSIONER SCURLOCK`S CONCERN ABOUT THE DENSITIES ON THE BEACH, AND ESPECIALLY THE AREA WE ARE TALKING ABOUT WHICH CONTAINS ALLOWABLE DENSITIES UP TO 15 UNITS AN ACRE, AND HE WAS WILLING TO COOPERATE AS MUCH AS HE COULD TO HOLD THOSE DENSITIES IN LINE AND COME UP WITH SOMETHING THAT WOULD REPRESENT A REASONABLE SOLUTION TO OUR DILEMMA, HE FELT IT WAS FORTUNATE THAT THE PRIMARY OWNERSHIP IN JUN 10 1981 3 BOOK 6 PACE 663 JUN 101991 Fc0K 16 F;M'1664 THE PROPERTY WITH WHICH WE ARE MOST CONCERNED RESTS IN ABOUT THREE GROUPS, AND ALTHOUGH THEY HAVE OWNED THIS PROPERTY FOR SOME YEARS ZONED AT R-2, THEY HAVE CHOSEN TO SUBMIT SITE PLANS AT FAR LESS THAN THAT; THE HIGHEST BEING PROCESSED BEING ABOUT 7.6 UNITS PER ACRE. HE FELT THESE PROPERTY OWNERS HOPEFULLY HAVE GOTTEN CAUGHT UP IN THE SPIRIT OF WHAT THIS COMMISSION IS WORKING VERY HARD TO ACCOMPLISH IN REGARD TO LOWERING THE DENSITIES ON THE BARRIER ISLAND, AND HE WOULD LIKE TO WORK OUT A COMPROMISE WITH THEM TO AVOID POSSIBLE LITI- GATION. COMMISSIONER BIRD THEN OFFERED A SUBSTITUTE MORATORIUM IN WHICH THE AREA AFFECTED WOULD BE THE ENTIRE BARRIER IS!LAND,' NOT :LUST THE NORTH BEACH, NOTING THAT THIS BROADENS THE BASE AND WOULD MAKE IT MORE DEFENSIBLE. HE PROPOSED THAT THIS SUBSTITUTE MORATORIUM WOULD AFFECT ANY SITE PLAN PRESENTED FOR REVIEW WHICH EXCEEDED 6 UNITS PER ACRE ANYWHERE ON THE ISLAND AND BELIEVED THAT THE MANY MONTHS OF STUDY BY OUR PLANNING & ZONING COMMISSION IN REVIEW OF THE COMPREHENSIVE PLAN HAS DEVELOPED A CERTAIN JUSTIFICATION AND LEGAL BACKGROUND NOT TO EXCEED 6 UNITS PER ACRE IN THE FUTURE ON THE BARRIER ISLAND. THIS MORATORIUM WOULD AFFECT ANY SITE PLANS PRESENTED AFTER THE MORATORIUM WAS ADOPTED; THOSE IN PROCESS WOULD CONTINUE TO BE PROCESSED THROUGH NORMAL CHANNELS, HE NOTED THAT THE PROPERTY OWNED IN THE COUNTY ON THE ISLAND COMPRISES ABOUT 9,556 ACRES, THE THREE PARCELS PRESENTLY BEING REVIEWED COMPRISE ABOUT 213 ACRES; THEY ARE BEING PLANNED AT ABOUT % UNITS AN ACRE, AND ALTHOUGH WE WOULD PREFER 6, HE DID NOT FEEL THE EXTRA UNIT PER ACRE WOULD HAVE THAT MUCH AFFECT, COMMISSIONER BIRD BELIEVED THIS WOULD BE A MORE LOGICAL AND FAIR MORATORIUM AND HOPEFULLY WOULD SERVE TO AVOID LITIGATION. COMMISSIONER SCURLOCK NOTED THAT COMMISSIONER BIRD IS SAYING THAT HE WOULD BASICALLY VEST ALL THOSE WHO HAVE AN APPLICATION IN PROCESS; HE WOULD ALLOW CONTINUED SITE PLAN REVIEW ON ALL PROPERTIES THAT ARE PRESENTED AT 6 UNITS AN ACRE OR LESS, AND THE ENTIRE BARRIER ISLAND WOULD BE INCLUDED. COMMISSIONER BIRD CONCURRED. 4 COMMISSIONER WODTKE NOTED THAT HE IS THE ONLY COMMISSIONER PRESENT WHO HAS BEEN ON THE BOARD SINCE 1974 AND WHO WAS INVOLVED IN THE MANY HEARINGS HELD BEFORE ADOPTION OF THE TENTATIVE MASTER LAND USE PLAN, WHICH WAS SUPPORTED AT THAT TIME BY THE VERO BEACH CIVIC ASSOCIATION AND ENDED UP WITH MEDIUM DENSITY IN THE REALM OF E-8 UNITS PER ACRE. HE BELIEVED THAT THERE IS A PLACE ON THE ISLAND FOR ADDI— TIONAL MULTI FAMILY AND THAT THE LOGICAL PLACE FOR IT WOULD BE IN THE NORTH BEACH AREA. COMMISSIONER WODTKE CONTINUED THAT HE DID VOTE FOR 8 UNITS PER ACRE SOME WEEKS AGO BECAUSE HE DID NOT WISH TO LEAVE THAT PROPERTY ZONED FOR 15 UNITS PER ACRE. SINCE THAT TIME, HE HAS BEEN IMPRESSED WITH SOME OF THE FIGURES HE HAS SEEN RE UTILITY USES AND TRAFFIC COUNTS, AND HE NOW DOES NOT FEEL THAT THE ISLAND CAN SUPPORT A DENSITY OF 8, BUT THAT WE SHOULD LOWER IT TO NO MORE THAN 6 AND CHANGE IT WHEN WE GET CLOSE TO ENVIRONMENTAL AREAS. HE DID NOT FEEL HE COULD ACCEPT 4 UNITS PER ACRE ON A BLANKET TYPE SITUATION BECAUSE WE DO NEED SOME FLEXIBILITY. COMMISSIONER WODTKE POINTED OUT THAT THE CITY OF VERO BEACH HAS APPROVED A PROJECT AT 10 UNITS PER ACRE ON THE BARRIER ISLAND AND .JOHN'S ISLAND HAS ONE AT 5. HE BELIEVED THAT IMPACT IS IMPORTANT AND THAT IT IS MAINLY CAUSED BY THE MUNICIPALITIES, SINCE THERE ARE ONLY 181 HOMES IN THE COUNTY NORTH BEACH AREA. HE, THEREFORE, FELT THAT IF WE GO WITH COMMISSIONER BIRD'S SUGGESTION FOR A MORATORIUM ON THE ENTIRE BEACH AREA, THAT THE CITIES ALSO SHOULD INSTITUTE A MORA— TORIUM WHILE WE LOOK AT THIS SITUATION. COMMISSIONER WODTKE THEN SPOKE OF THE ADVISABILITY OF TRYING TO AVOID LAWSUITS,AND URGED THAT WE TRY TO REACH SOME FAIR AND EQUITABLE DECISION TO SOLVE THIS PROBLEM AND THEN GO ON ABOUT THE REST OF THE COMPREHENSIVE PLAN AT ABOUT 6 UNITS PER ACRE. COMMISSIONER FLETCHER CONTINUED TO EMPHASIZE THE WATER PROBLEM AND HIS CONCERN ABOUT TAKING WATER FROM THE MAINLAND TO -SUPPLY THE BEACH, HE STRESSED THAT, REGARDLESS OF TECHNOLOGY, THE WATER PROBLEM IS NOT GOING TO GO AWAY; IN 10 TO 20 YEARS, WE WILL HAVE A WATER CRISIS AND WE NEED.TO PAY ATTENTION TO IT NOW. 5 JUN 10 1981 " cq,J€ 65 i"' JUN 101981 PmK 46 mu 666 ATTORNEY MICHAEL O'HAIRE NOTED THAT THERE HAS BEEN A RAFT OF SITE PLAN APPROVAL APPLICATIONS LATELY, AND THERE IS NO REASON TO EXPECT THERE WILL NOT BE MORE COMING IN, PERHAPS AT EVEN HIGHER DENSI- TIES HIS INTERPRETATION OF WHAT THE COMMISSIONERS HAVE SAID TONIGHT WAS THAT 4/5 OF THE MEMBERS, GIVEN THIS POSSIBILITY, WOULD FAVOR AN EMERGENCY MORATORIUM AND LIMITING DENSITY TO 6 UNITS PER ACRE HE POINTED OUT THAT WHEN AN EMERGENCY MORATORIUM IS IN EFFECT, THE BOARD COULD PROCEED TO ENACT A REGULAR MORATORIUM SO THAT ALL BETS ARE COVERED. MR. O'HAIRE URGED THAT A CAP OF 6 BE SET ON AN EMERGENCY BASIS. AS TO THE VESTING ANGLE, HE WAS NOT CONVINCED THAT THERE ARE ALL THAT MANY PROPERTY OWNERS WHO HAVE VESTED RIGHTS, IN ADDITION, HE NOTED THERE IS THE NORTH BEACH REZONING MATTER, WHICH HE ASSUMED IS COMING UP LATER THIS EVENING, CHAIRMAN LYONS NOTED THAT IT HAD BEEN MENTIONED EARLIER THAT THE REZONING WOULD FOLLOW REGULAR CHANNELS THROUGH THE PLANNING & ZONING COMMISSION AND WOULD NOT BE HEARD TONIGHT. ATTORNEY STEVE HENDERSON CAME FORWARD REPRESENTING FLORIDA LAND COMPANY. HE INFORMED THE BOARD THAT THEY FILED THEIR INITIAL SITE PLAN ON RIVER BEND IN AUGUST OF LAST YEAR, AND IT INCLUDED THE MASTER PLAN FOR THE ENTIRE PROJECT, THEY THEN INCURRED A RATHER LONG DELAY IN GETTING SITE PLAN REVIEW. THE POINT IS THAT WHILE THEIR MASTER PLAN WAS IN PROCESS, THERE WERE NO FIRM RECOMMENDATIONS BY THE PLANNING & ZONING BOARD; THERE WAS NO THREAT OF A MORATORIUM AND NO THREAT OF REZONING; AND FLORIDA LAND COMPANY HAS EXPENDED CONSIDERABLE MONEY ON THE SITE PLAN. THEY PRESENTLY HAVE AN APPROVED SITE PLAN ON 2.8 ACRES, WHICH HE DID NOT BELIEVE WOULD BE INVOLVED IN THE MORATORIUM; HOWEVER, BECAUSE THIS SITE PLAN IS ON AN INTERIOR PORTION OF THEIR OVERALL DEVELOPMENT PLAN, WHICH HAS ALREADY BEEN SUBMITTED AND APPROVED, IF THE BOARD SHOULD FAIL TO EXEMPT RIVER BEND, ATTORNEY HENDERSON STATED IT WOULD AFFECT THE SITE PLAN ALREADY APPROVED, WHICH IS AN INTEGRAL PART OF THE WHOLE. CHAIRMAN LYONS WISHED THE RECORD TO SHOW THAT THE BOARD DOES NOT APPROVE CONCEPTUAL PLANS. L ATTORNEY HENDERSON CONTINUED THAT FLORIDA LAND COMPANY HAS COMMITMENTS ON RIVER BEND, AND PHASE 1, WHICH IS THE SITE PLAN ALREADY APPROVED, IS PART AND PARCEL OF THE ENTIRE PLAN; IT CANNOT BE DEVELOPED ON ITS OWN BECAUSE THE ENTIRE DEVELOPMENT PLAN HAS BEEN GAUGED ON A SITE PLAN BASED ON A DENSITY OF 7.2. HE NOTED THAT FURTHER DELAY WOULD CAUSE FLORIDA LAND COMPANY SUBSTANTIAL HARDSHIP, AND FURTHER REZONING WOULD LEAVE THEM IN A POSITION TO SEEK LEGAL RECOURSE. DISCUSSION ENSUED AS TO WHETHER THE BOARD STILL WAS CONSIDERING AN EMERGENCY ORDINANCE, AND ATTORNEY HENDERSON NOTED THAT IT IS A MATTER OF TIMING IN ANY EVENT BECAUSE A REGULAR MORATORIUM COULD BE PASSED BEFORE THEY COMPLETED THE SITE PLAN ON RIVER BEND, AND THEY WOULD BE AS OPPOSED TO IT THEN AS THEY ARE NOW. NINA HAYES OF SMUGGLERS COVE AGREED WITH COMMISSIONER FLETCHER ON THE SERIOUSNESS OF THE WATER SITUATION, STATING THAT HER WELL HAS GONE OUT AND THE SHALLOW AQUIFER HAS DISAPPEARED. MRS. HAYES NOTED THAT THE BOARD HAD A SURVEY DONE, SUPPOSEDLY 'CONDUCTED BY EXPERTS, AND IN ADDITION, THE PLANNING & ZONING COMMISSION HAS SUGGESTED 3 UNITS PER ACRE, BUT APPARENTLY THE BOARD IS DISREGARDING BOTH THE DANGERS PRESENTED IN THE SURVEY AND THE RECOMMENDATION OF THE PLANNING & ZONING COMMISSION. SHE FELT THE BOARD WORRIES ABOUT A MARGIN OF PROFIT TO THE DEVELOPER WHEN THEY SHOULD WORRY INSTEAD ABOUT THE IMPACT OF OVER- DEVELOPMENT ON THE BARRIER ISLAND. MRS, HAYES STATED THAT THE VOTERS AND TAXPAYERS HAVE A VESTED INTEREST IN THE ENTIRE COUNTY, AND THEY EXPECT THE COMMISSION TO PROTECT THEIR INTERESTS. COMMISSIONER LYONS POINTED OUT THAT ONE WAY TO PROTECT THE VOTER'S INTERESTS IS TO PREVENT COSTLY LITIGATION FOR WHICH THEY WOULD HAVE TO PAY. ATTORNEY RICHARD BOGOSIAN INFORMED THOSE PRESENT THAT HE SERVED ON THE COUNTY COMMISSION FOR APPROXIMATELY IO YEARS, THE COMMIS- SION AT THAT TIME WAS CONCERNED ABOUT THE VERY SAME PROBLEMS, AND IN FACT, HIRED A U.S. GEOLOGICAL SURVEY TEAM AT A COST -TO THE COUNTY OF $40,000 TO DO A 3 YEAR SURVEY. THE RESULTS OF THIS SURVEY INDICATED THAT THIS COUNTY HAD MORE THAN ADEQUATE SUPPLIES OF WATER ASSUMING A STEADY DEVELOPMENT PATTERN OF GROWTH. HE NOTED THAT OBVIOUSLY TIMES CHANGE, AND IT IS DIFFICULT WHEN YOU GET SO MANY CONTROVERSIAL AND DIFFERING RESULTS FROM THOSE YOU HIRE TO DO STUDIES. ATTORNEY BOGOSIAN CONTINUED THAT HE ALSO WAS INVOLVED IN ZONING THIS PARTIC U�AR PROP�RTY JUN 10 1981 7 600K � PAGE 6� !: _. JUN 101981 BOOK 46 Pf4t,E BSS TO A DENSITY OF 15, AND AT THAT TIME, CONSIDERING DENSITIES IN MANY OTHER PLACES RANGING UP TO 200, 15 WAS FELT TO BE A VERY CONSERVATIVE FIGURE. HE NOTED THAT VISTA ROYALE WAS ZONED TO A DENSITY OF 15, AND HE BELIEVED IT HAS TURNED OUT TO BE A GOOD DEVELOPMENT. ATTORNEY BOGOSIAN BELIEVED THAT, ALTHOUGH THE BEACH AREA CANNOT SUPPORT A DENSITY OF 15, THERE ARE AREAS IN THE COMMUNITY THAT CAN. ATTORNEY BOGOSIAN THEN INFORMED THE BOARD THAT HE REPRESENTS DANNY ROSS, WHO WILL BE THE DEVELOPER OF ABOUT 9 ACRES ON THE BARRIER ISLAND. THEIR ORIGINAL SITE PLAN WAS SUBMITTED ON APRIL 3RD AT A DENSITY BETWEEN 7 AND 8, AND THE TECHNICAL REVIEW COMMITTEE APPROVED THE PLAN AT THAT TIME. THE FINAL SITE PLAN WAS SCHEDULED FOR MAY 2FTH, AND IT APPEARED FROM THE MINUTES OF THAT PLANNING & ZONING MEETING THAT THEY COMPLETELY ACCEPTED THE PLAN AND FOUND NO PROBLEM EXCEPT FOR A %' WALL, BUT ATTORNEY O'HAIRE, WHO WAS PRESENT AT THE MEETING, VERY SKILLFULLY SUCCEEDED IN CONFUSING THE COMMISSION BECAUSE THE PLAN WAS SUBMITTED WITH THE OWNER'S NAME AS TRUSTEE. MR. BOGOSIAN WENT ON AT SOME LENGTH ABOUT THIS PROBLEM, AND ATTORNEY COLLINS POINTED OUT THAT THE COUNTY APPLICATION FORM CLEARLY REQUIRES THAT THE ACTUAL OWNER BE DISCLOSED. ATTORNEY BOGOSIAN FELT THAT EXCEPT FOR THE OBJECTION REGARDING THE TRUSTEEE, THEY WOULD HAVE RECEIVED SITE PLAN APPROVAL ON THE 9 ACRES ON MAY 28TH, BUT AS IT TURNED OUT, THEY DO NOT YET HAVE FINAL SITE PLAN APPROVAL; THEY, THEREFORE, REQUEST THAT THE COMMISSION VOTE TO GRANDFATHER THE PRESENT APPLICATION IN OR APPROVE THE SITE PLANS ALREADY APPROVED OR GIVE THEM RETROACTIVE APPROVAL. COMMISSIONER SCURLOCK NOTED THAT IN THE PROPOSED MORATORIUM THERE IS A PROCEDURE FOR REQUESTING A VARIANCE, AND CAROLYN EGGERT, CHAIRMAN OF THE PLANNING & ZONING COMMISSION, INFORMED MR; BOGOSIAN THAT IT IS THAT COMMISSION'S BELIEF THAT THE PROBLEM ABOUT THE TRUSTEE WAS AN ADMINISTRATIVE ERROR WHICH HAS NOW BEEN CLEARED UP, AND THE SITE PLAN SHOULD BE APPROVED AT TOMORROW'S MEETING. _= CORDON NUTT INFORMED THE BOARD THAT HE OWNS A LITTLE MORE THAN HALF OF THE 316 ACRES UNDER DISCUSSION TONIGHT. HE BOUGHT THIS PROPERTY IN 1974 AND 1975 WHEN IT WAS ZONED R-2 AND THERE WAS A COMPRE- HENSIVE PLAN, WHICH STILL EXISTS, THAT SHOWED MULTIPLE FAMILY AND ALONG WABASSO SET OUT A STRIP FOR RETAIL USE. HE NOTED THAT THE LEGAL DESCRIPTION THE BOARD IS DISCUSSING INCLUDES ALL OF HIS COMMERCIAL FRONTAGE, AND IT WOULD DISTURB HIM GREATLY THAT IT WOULD BE THE THOUGHT OF ANYONE TO HAVE FOUR UNITS PER ACRE AT THE INTERSECTION OF WABASSO AND AIA. MR, NUTT POINTED OUT THAT HE COULD HAVE SUBMITTED A PLAN AT 15 UNITS PER ACRE ANY TIME OVER THESE YEARS, BUT HE HAS HAD HIS PROJECT SUBMITTED AT 6 UNITS PER ACRE.AND DID SO IN GOOD FAITH AT A TIME WHEN THE PLANNING & ZONING COMMISSION WAS RECOMMENDING 6 AND THE COUNTY COMMISSION ON ITS OWN INITIATIVE WAS REQUESTING REZONING FROM 15 TO B. MR. NUTT FELT THAT WHEN YOU GO FROM 6 UNITS PER ACRE TO 4, YOU ARE GOING BEYOND THE POINT THAT IS REASONABLE IN RECOGNIZING ANY PROPERTY RIGHTS. HE REQUESTED THAT THE BOARD GIVE THE WABAS80 AREA SOME DIFFERENT CONSIDERATION SIMPLY BECAUSE OF THE CHARACTER OF THAT LAND, WHICH IS INDEED DIFFERENT. MR. NUTT STATED THAT BESIDES HIS OWN PROPERTY, 120 ACRES OF WHICH IS ALREADY SUBMITTED AT A DENSITY OF 5.75, THERE ARE SITE PLANS PRESENTLY SUBMITTED ON ALMOST ALL OF THE PROPERTY IN QUESTION AT DENSITIES CONSIDERABLY LESS THAN 15, AND THERE IS, THEREFORE, NO NEED TO WORRY ABOUT FURTHER APPLICATIONS AT HIGHER DENSITIES. ROBERT RYDER OF 1150 REEF ROAD ASKED ATTORNEY HENDERSON IF FLORIDA LAND COMPANY OWNS -ALL THE LAND THAT IS IN QUESTION, AND ATTORNEY HENDERSON REPLIED THAT THIS HAS BEEN DISCLOSED TIME AND TIME AGAIN - THE OWNER OF THE PROPERTY IS LISTED AS ROBERT CAIRNS, TRUSTEE. FLORIDA LAND COMPANY IS THE APPLICANT AND HAS AN OPTION ON THE PROPERTY. HE DID NOT BELIEVE THIS IS RELEVANT TO WHAT IS BEING CONSIDERED TONIGHT. CHAIRMAN LYONS NOTED THAT THE 25 MINUTES ALLOWED -FOR DISCUSSION HAS LONG SINCE BEEN EXCEEDED. 9 JUN 10 1981 $QOK U RAGE 669 JUN 10 1981 BOOK 1-10 F-670 7 67 MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, TO INSTRUCT THE COUNTY ATTORNEY TO DRAW UP AND ADVERTISE AN ORDINANCE TO ESTABLISH A MORATORIUM ON THE REVIEW AND APPROVAL SITE PLANS AS PROVIDED FOR IN APPENDIX A, ZONING SECTION 23, INDIAN RIVER COUNTY CODE, ON THE NORTH BEACH AREA OF THE BARRIER ISLAND: AN AREA LYING NORTH OF THE TOWN LIMITS OF INDIAN RIVER SHORES, WEST OF THE ATLANTIC OCEAN, EAST OF THE INDIAN RIVER, AND SOUTH OF THE NORTH COUNTY LINE, LESS THE TOWN OF ORCHID; PROVIDING FOR FINDINGS AND FACT, LEGISLATIVE INTENT AND PURPOSES, A TIME PERIOD FOR SAID MORATORIUM, A PROVISION FOR VARIANCES, A PENALTY PROVISION, AND A PROVISION FOR PROVIDING SEVERABILITY, AND AN EFFECTIVE DATE, I.E., ADVERTISING 15 DAYS, APPROXIMATELY JUNE 30TH; THE LENGTH OF THE MORATORIUM TO BE 120 DAYS OR UNTIL THE COMPREHENSIVE PLAN IS ADOPTED. COMMISSIONER SCURLOCK NOTED THAT THE VARIANCE PROCEDURE WILL GIVE THE BOARD AN OPPORTUNITY TO LOOK AT THE INDIVIDUAL SITUATION, TO WEIGH THE FACTS, AND TO GRANT A VARIANCE IF IT IS DEEMED APPROPRIATE. HE DID NOT BELIEVE THAT ANYONE WOULD BECOME VESTED IN THE 15 DAY ADVERTISEMENT PERIOD AND, THEREFORE, FELT THE EMERGENCY ORDINACE IS INAPPROPRIATE. DISCUSSION ENSUED ABOUT HOW THE CONCERNS OF THOSE WHO ARE IN °DROCESS WILL BE ADDRESSED AND WHAT THE ORDINANCE WILL INCLUDE OR EXCLUDE, AND COMMISSIONER SCURLOCK STATED THAT HIS FEELING WOULD BE THAT THE ORDINANCE WOULD BE ADOPTED AND THEN THOSE WHO FELT THEY HAD A UNIQUE SITUATION WOULD APPLY FOR A VARIANCE; WE WOULD SCHEDULE IT AND ADDRESS. EACH CASE SPECIFICALLY. CHAIRMAN LYONS COMMENTED THAT HE HAD NOT MADE A STATEMENT AS YET TONIGHT. HE STATED THAT HE WOULD SUPPORT THE MORATORIUM BECAUSE HE BELIEVED THAT IT IS TIME WE GOT THIS ALL SORTED OUT, AND WHEN WE HAVE ALL THE MATERIAL TOGETHER WE NEED FOR THE MASTER LAND USE PLAN, HE BE- LIEVED WE WILL BE IN A BETTER POSITION TO REALLY KNOW WHAT IT IS WE WANT AND WHAT THE COMMUNITY SHOULD HAVE. AS FAR AS SITE PLANS IN PROCESS, IF ONE IS COMPLETED BETWEEN NOW AND THE TIME THIS ORDINANCE COMES INTO EFFECT, THAT IS THE WAY IT GOES. M-0 ATTORNEY COLLINS STATED THAT THE CHAIRMAN OUTLINED HIS POSITION, WHICH IS THAT THE PLANNING & ZONING COMMISSION SHOULD CONTINUE TO REVIEW SITE PLANS, AND IF ANY COME UP FOR APPROVAL AND ARE READY AND COMPLETE, THEN THEY SHOULD BE ACTED ON PRIOR TO THE MORATORIUM. COMMISSIONER BIRD DID NOT FEEL THAT WE ARE VERY FAR APART, BUT HE FELT THE BROADENED MORATORIUM HE HAD SUGGESTED REPRESENTED A MORE REASONABLE ACROSS-THE-BOARD APPROACH AND WISHED TO KNOW WHAT COMMISSIONER SCURLOCK DID NOT LIKE ABOUT IT. COMMISSIONER SCURLOCK STATED THAT THE ATTORNEY WAS NOT COMFORT- ABLE WITH IT, AND ATTORNEY COLLINS EXPLAINED THAT THE INTENT OF THE MORATORIUM IS TO ALLOW TIME TO COMPLETE THE LAND USE PLAN. HE FELT IF YOU WERE'TO PUT IN AN EXCLUSION AND HAVE THE MORATORIUM ONLY APPLY TO DENSITIES OVER A CERTAIN AMOUNT, IT MIGHT CAUSE A PROBLEM. HE DID NOT KNOW WHETHER OR NOT THE MORATORIUM COULD BE EFFECTED AT A THRESHOLD LEVEL. COMMISSIONER WODTKE AGAIN BROUGHT UP THE -VESTED INTERESTS AND THE VARIANCE PROCEDURE, AND ATTORNEY COLLINS STATED THAT THE PURPOSE OF HAVING THE VARIANCE IN THE ORDINANCE IS THAT IT MAKES THE ORDINANCE MORE SUPPORTABLE; IT GIVES THE BOARD AN OPPORTUNITY TO ADDRESS PARTICULAF PROBLEMS AND TO TAKE SOME REMEDY THEY FEEL IS APPROPRIATE. THE BURDEN IS TO SHOW THE HARDSHIP, AND PART OF THAT WILL BE THE VESTING ISSUE. IN FURTHER DISCUSSION, IT WAS NOTED THAT THE HEARING ON THE MORATORIUM SHOULD BE ADVERTISED FOR THE EARLIEST DATE LEGALLY POSSIBLE. A SPECIAL CALLED MEETING FOR JUNE 30TH WAS DISCUSSED AND AGREED UPON IF LEGALLY FEASIBLE. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, ON LOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 8:40 O'CLOCK P.M. ATTEST: CLERK 11 I sooK PAGE'"'.'