HomeMy WebLinkAbout7/2/1981a
THURSDAY, JULY 2, 1981
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN SPECIAL SESSION AT THE COUNTY COURTROOM, INDIAN RIVER
COUNTY COURTHOUSE, VERo BEACH, FLORIDA, ON THURSDAY, JULY 2, 1981,
AT %:OC 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, JR., ATTORNEY TO THE BOARD
OF COUNTY COMMISSIONERS; AND JANICE CALDWELL, DEPUTY CLERK.
THE CHAIRMAN CALLED THE MEETING TO ORDER AND ANNOUNCED THS_:
IT WAS CALLED FOR THE PURPOSE OF CONSIDERING AN ORDINANCE ESTABLISHING
A MORATORIUM ON THE REVIEW AND APPROVAL OF ALL SITE PLANS-ON'THE NORTH
BEACH AREA OF THE BARRIER ISLAND.
THE HOUR OF 7:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO -WIT:
J U L 2 1981
BC10K 6 PAGE 789
JUL2
mil
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River'County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J, Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter of
in the
fished in said newspaper in the issues of —%,,_ 3 A f
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tiserr.ent; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before met ' /_3 y of A. D.
(SEAL)
(Clerk of the Circuit Court, Indian F
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•
anager)
Florida)
gel 4-6 . PAGE
NOTICE
NOTICE IS HEREBY GIVEN that the Board
of County Commissioners of Indian River
County, Florida, will hold a public hearing on
July 2, 1981, at 7:00 p.m. in the County Cour-
troom In the Indian River County Courthouse
to consider the adoption of
Ordinance establishing a moratorium on the:
review and approval of all site plans, as
I provided for in Appendix A, Zoning, Section 23'
Indian River County Code of Ordinances, 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 ^.y'
County Line, less the Town of Orchid,
providing for findings of fact, Legislative in-
tent and purposes, providing that the
moratorium shall stay in effect until adoption
of the Comprehensive Plan, a provision for
variances, a penalty provision, a provision
providing for severability, and an effective
date.
If any person decides to appeal any decision':
made on the above matter, he !will need a :'
record of the proceedings, and fpr such pur-
poses, he may need to insure that a verbatim
record of the proceedings is made, which
record Includes the testimony in evidence on
which the appeal is based.
Board of County Commissioners
of Indian River County, Florida
By: -s -Patrick B. Lyons, Chairman
June 13, 1981..
ATTORNEY COLLINS REVIEWED THE LEGAL NOTICE. HE STATED
THAT THE BOARD GAVE THE DIRECTION TO PREPARE AN EMERGENCY ORDINANCE
IMPLEMENTING A CONCEPT OF MORATORIUM UNTIL THE COMPREHENSIVE PLAN
COULD BE ADOPTED. PURSUANT TO THE BOARDS INSTRUCTION, THEY DID
ADVERTISE AND THE ADVERTISEMENT WAS APPROPRIATE. IN THE INTERIM,
BETWEEN THE ADVERTISEMENT AND TODAY IS HEARING, A VERY DEFINITIVE
TREATISE APPEARED IN THE BAR JOURNAL WRITTEN BY LAWRENCE W. SMITH ON
THE ISSUE OF ENACTMENT OF BUILDING MORATORIUMS IN FLORIDA, SIMILAR
TO THE ISSUE ON THE AGENDA THIS EVENING. THERE IS NO FLORIDA LAW
INTERPRETING WHETHER OR NOT A MORATORIUM IS A FORM OF ZONING, WHICH
REQUIRES THE ADDITIONAL NOTICE PROVISION THAT YOU GIVE ON GENERAL
4
ZONING PROCEDURES OR IF IT IS UNDER THE GENERAL HEALTH AND WELFARE
DIVISION OF CHAPTER 125, WHICH HAS BEEN PROPERLY ADVERTISED FOR
TONIGHT. ATTORNEY COLLINS ADDED THAT MR. SMITH POINTED OUT OTHER
STATES HAVE CONSTRUED MORATORIUMS AS BEING ZONING, AND THERE ARE
OTHER STATES THAT CONSTRUE JUST THE OPPOSITE. FLORIDA HAS NO SET
OF INSTRUCTIONS AND NO GUIDANCE TO KNOW WHETHER OR NOT THE ISSUE THAT
IS BEING CONSIDERED TONIGHT IS IN FACT A FORM OF REZONING OR IF IT
IS AN AUTHORITY UNDER WHICH THE COUNTY CAN PASS AN ORDINANCE_UNDER
CHAPTER.125, HE EXPLAINED. IT WAS THE ATTORNEY'S OPINION THAT SUCH
A POWER DOES EXIST, ALTHOUGH NOT SPECIFICALLY STATED, AND THAT THE
BOARD NEEDS TO HAVE AN OPPORTUNITY TO CONTROL THEIR DESTINY AND
THEY NEED TO HAVE THE ABILITY TO PROPERLY PLAN THE COUNTY PRIOR TO
ENACTMENT OF THE LAND USE PLAN, THE SOLE ISSUE, HE COMMENTED, IS
WHETHER OR NOT THE PUBLIC AND PROPERTY OWNERS HAVE RECEIVED THE
REQUIRED NOTICE. THEY HAVE, UNDER THE ZONING PROCEDURES OF SECTION
125; UNDER THE COUNTY'S OWN ORDINANCES, THIS MATTER WOULD BE REQUIRED
TO 60 BACK TO THE ZONING COMMISSION FOR ORIGINATION, ACTION TO BE
TAKEN BY THE ZONING COMMISSION, AND THEN ACTION BY THE BOARD - ALL
THIS WOULD TAKE 2k TO 3 MONTHS. SUCH A TIME DELAY WOULD DEFEAT THE
CONCEPTS IN THE PLANNING ACTIVITIES THAT THE COUNTY IS TRYING TO
ACCOMPLISH TONIGHT BY CONSIDERATION OF THIS ORDINANCE AND HEARING.
UNDER THOSE CIRCUMSTANCES, ATTORNEY COLLINS THOUGHT IT WOULD BE IN
THE BEST INTEREST OF ALL PARTIES TO PROCEED WITH THE HEARING BUT DID
WANT TO POINT OUT THAT IN FLORIDA THERE IS NO SPECIFIC AUTHORITY OR
CASE LAW INTERPRETING IT. SINCE THE PARTIES WERE PRESENT AND THE
ISSUES BEFORE THE BOARD, THE ATTORNEY FELT THE MATTER SHOULD BE
CONSIDERED.
PLANNING DIRECTOR REVER REPORTED THE FINDINGS OF FACT IN
THIS MATTER: HE THOUGHT THE INTENT OF THE ORDINANCE WAS A MATTER OF
PROTECTING THE COUNTY'S INTEREST AT THIS POINT UNTIL SUCH TIME AS THEY
ADOPT A NEW DOCUMENT OF THE COMPREHENSIVE LAND USE PLAN. HE ADDED
THAT THE ISSUES AT STAKE WERE AND ARE THE QUESTIONS OF IMPACT OF
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DEVELOPMENT, THE PLANNING DEPARTMENT WAS CONCERNED ABOUT THE SEWER,
WATER, TRAFFIC AND ENVIRONMENTAL PROBLEMS IN THOSE AREAS AND HE
FELT THE LAND CARRYING CAPACITY COULD BEST BE ADDRESSED IF THERE WAS
A MORATORIUM FOR A SHORT PERIOD OF TIME TO ALLOW FOR THE ADOPTION
OF THE COMPREHENSIVE LAND USE PLAN; THEY THEN WOULD HAVE SPECIFIC
GUIDANCE.
COMMISSIONER WODTKE INQUIRED WHAT REASON THE PLANNING
DEPARTMENT HAD TO SINGLE OUT THIS ONE PARTICULAR AREA IN THE COUNTY.
MR. REVER EXPLAINED HE BELIEVED THE BOARD CONSIDERED THERE
WAS AN EMERGENCY, BECAUSE OF THE NUMBER OF LARGE SCALE DEVELOPMENTS
IN THE AREA, HE AGREED THAT THERE WERE OTHER AREAS THAT NEEDED
ATTENTION BUT NOT IN THE MAGNITUDE OF THIS PARTICULAR AREA BEING
DISCUSSED THIS EVENING.
ATTORNEY COLLINS THEN READ THE PROPOSED ORDINANCE ESTABLISHING
A MORATORIUM ON THE REVIEW AND APPROVAL OF ALL SITE PLANS FOR THE
AREA.
DISCUSSION FOLLOWED ABOUT THE MEMO FROM MR. REVER DATED
27, 1981 THAT WAS REFERRED TO IN THE PROPOSED ORDINANCE. IT WAS
DETERMINED THAT SEVERAL FIGURES WERE INCORRECT.
THE CHAIRMAN ASKED IF THERE WAS ANYONE PRESENT WHO WISHED
TO BE HEARD.
WILLIAM PRINGLE, OF THE AMERICAN ASSOCIATION OF RETIRED
PERSONS, APPROACHED THE BOARD AND STATED THAT HE WAS PRESENT TO
NEITHER CONDEMN OR CONDONE, BUT POSSIBLY TO LEND A LITTLE KNOWLEDGE.
IN SPEAKING TO A GREAT DEAL OF PEOPLE ABOUT WHAT THEY LIKED ABOUT VERO
BEACH, THEY ALL MENTIONED THE BEAUTIFUL AND NATURAL BEACHES, HE
REPORTED. MR. PRINGLE WENT ON TO TALK ABOUT THE INFLUX OF PEOPLE
TO THE TOWNS JUST SOUTH OF VERO BEACH AND WAS CONCERNED THAT THE
COUNTY HAS REACHED A POINT IN ITS HISTORY WHERE THERE WILL BE GROWTH,
BUT IT MUST BE CONTROLLED. HE FELT THAT THE BOARD WAS RIGHT TO HAVE
A MORATORIUM AT THIS TIME. HE INQUIRED IF DEVELOPERS HAVE TO PAY
FOR THE NEW SEWER AND WATER MAINS FOR THE DEVELOPMENTS.
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_ e s
CHAIRMAN LYONS EXPLAINED THAT THE PEOPLE WHO BENEFIT FROM
THE WATER MAIN AND SEWER HAVE TO PAY FOR IT, BUT THERE IS A TWO-STEP
PROCESS, FIRST, IF A DEVELOPER BUILDS A CONDOMINIUM, THEY HAVE TO
PUT IN A SEWAGE PLANT OF THEIR OWN, AT SOME LATER DATE, THE
CHAIRMAN NOTED, IF THE COUNTY GOES INTO THE SEWER BUSINESS, THEN THE
RUNNING OF THE LINES WOULD BE PAID FOR BY THOSE PEOPLE USING THOSE
LINES.
MR. PRINGLE HOPED THAT ALL THIS WOULD BE PROPERLY PLANNED,
AND THAT THE BOARD PROCEEDS SLOWLY IN ORDER THAT IT WOULD BE DONE
RIGHT - HE DID NOT WANT THIS BEAUTIFUL COUNTY AND TOWN TO BE RUINED.
WILLIAM KOOLAGE, 815 26TH AVENUE, CAME BEFORE THE BOARD AND
SPOKE OF HOW HE CAME TO CHOOSE VERO BEACH AS HIS PLACE OF RETIREMENT
HE EXPRESSED GREAT DISMAY AT THE AREAS SOUTH OF THIS COUNTY BECAUSE
OF THE MANY HIGH-RISES. MR. KOOLAGE STATED HE WAS VERY CONCERNED
ABOUT THE BARRIER ISLAND. HE FELT THE CITIZENS DO NOT SEE THINGS
IN THEIR CONCEPTION THAT THEY ARE CONFRONTED WITH LATER; THEN ALL OF
A SUDDEN THERE IS A RUSH IN DEVELOPMENT. HE FELT THE SMARTEST THING
THE BOARD COULD DO WAS TO DECLARE A MORATORIUM UNTIL THE MASTER PLAN
WAS APPROVED. REFERRING TO THE TRAFFIC AND SEWER PLANT PROBLEMS ON
THE BARRIER ISLAND, HE FELT IT WAS ONLY A MATTER OF TIME BEFORE ANY
PACKAGE SEWER PLANT WILL HAVE TO BE TAKEN OVER BY THE COUNTY. MR.
KOOLAGE THOUGHT THE BARRIER ISLAND WAS A SAD SITUATION BECAUSE ALL
HE COULD SEE WERE THE DEVELOPERS COMING IN TO DEVELOP BEFORE THE
PEOPLE HAVE A CHANCE TO SEE WHAT WAS HAPPENING. HE URGED THE BOARD
NOT TO RUIN THE BARRIER ISLAND.
ATTORNEY WILLIAM J. STEWART, REPRESENTING GORDON NUTT, CAME
BEFORE THE BOARD, AND OBJECTED TO BEING TAKEN OFF THE PLANNING &
ZONING COMMISSION AGENDA ON JUNE 25, 1981. HE THEN ELABORATED THAT
THE EFFORTS PUT FORTH BY THE DEVELOPERS IN THE 1920S AND 1930S MADE
VERO BEACH WHAT IT IS TODAY. HIS PARTICULAR CONCERN IN THE PROPOSED
ORDINANCE WAS THE "ALL OR NOTHING It APPROACH. HE THEN STATED THAT
MR. NUTT OWNED JUST A LITTLE LESS THAN HALF OF THE PROPERTY MENTIONED
BOOK PAGEAn
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1981
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THE ORDINANCE,
AND HAS COME A LONG WAY TO PROCEED TO DEVELOP
SEA OAKS - HE GAVE A BRIEF HISTORY CONCERNING THE PARCEL. ATTORNEY
STEWART-THEN ASKED THE BOARD TO CONSIDER GRANTING A SPECIAL EXCEPTION
TO MR. NUTT'S PROPERTY IN REGARD TO THE MORATORIUM.
FRANK LYNCH, ATTORNEY FROM FT. PIERCE REPRESENTING THE
DEVELOPER OF SEA OAKS PROJECT, APPROACHED THE BOARD, AND STRONGLY
OBJECTED TO A MORATORIUM. HE EXPLAINED THAT THE SEA OAKS PROJECT
IS A MULTI -FAMILY DEVELOPMENT OF 720 UNITS AND IS ON 25 ACRES EAST
OF AIA AND 100 ACRES WEST OF AIA AT 5.7 UNITS PER ACRE. HE POINTED
OUT THAT THIS BARELY EXCEEDS ONE-THIRD OF THE DENSITY ALLOWED THERE.
ATTORNEY LYNCH COMMENTED THAT HIS CLIENT WAS ACTING IN GOOD FAITH
AND THAT 50% OF THE VEGETATION WOULD REMAIN IN ITS NATURAL STATE.
HE STRESSED THAT THE BUILDINGS WOULD BE AN ASSET TO THIS COMMUNITY.
ATTORNEY LYNCH THEN -OUTLINED A SEQUENCE OF OCCURRENCES REGARDING THE
SITE PLAN AND OBJECTED FOR BEING REMOVED FROM THE JUNE 25, 1981
PLANNING & ZONING COMMISSION AGENDA DUE TO "NEW DEFICIENCIES." HE
ADDED THAT THEY DID APPEAR AT THAT MEETING AND WERE PERMITTED TO VOICE
THEIR OBJECTION BUT NOT PERMITTED TO DISCUSS THE SITE PLAN. ATTORNEY
LYNCH ADVISED THEY WORKED OUT WHAT THE COUNTY HAD REQUESTED THEM TO
DO ON JUNGLE TRAIL. HE COMMENTED THAT THE TIME AND MONEY THAT HAS
GONE INTO THIS PROJECT WAS IN EXCESS OF $2.7 MILLION; AND THEY HAVE
ACTED IN GOOD FAITH. ATTORNEY LYNCH REFERRED TO A BINDING LETTER FROM
THE STATE OF FLORIDA DATED JUNE 21, 1981 WHERE IT WAS STATED THIS
PROJECT WOULD NOT CAUSE AN IMPACT. HE THEN REQUESTED THAT THE BOARD
NOT IMPOSE A MORATORIUM AT THIS TIME AND ALSO SUGGESTED THAT THE SITE
PLANS THAT ARE SUBSTANTIALLY COMPLETED BE EXEMPTED. HE FELT THIS
WOULD BE FAIR IN RETURN FOR THE GOOD FAITH SHOWN .BY THE PROPERTY
OWNERS AND DEVELOPERS.
J. B. NORTON, EXECUTIVE OF THE CHAMBER OF COMMERCE, CAME
BEFORE THE BOARD TO POINT OUT WHAT MARTIN! COUNTY HAS DONE RECENTLY
WITH THEIR MORATORIUM - THEY HAN,!,E ALLOWED THOSE SSITE PLANS, WHICH HAVE
BEEN SUBMITTED FOR APPROVAL, TO CONTINUE THEIR NORMAL WAY THROUGH
THE BOARD. MR. NORTON URGED THE BOARD TO USE THEIR CONSIDERATION
IN MAKING THEIR FINAL DECISION REGARDING THE MORATORIUM.
HANK PARMAN, PRESIDENT OF THE VERO BEACH BOARD OF REALTORS,
EXPRESSED THE OBJECTION AND OPPOSITION TO THE PROPOSED MORATORIUM BY
THE BOARD OF REALTORS. HE ADDED THAT MORATORIUMS HAVE A WAY OF
IMPACTING THE BUSINESS COMMUNITY. OUR OWN AREA, HE CONTINUED, HAS
BEEN VERY FORTUNATE IN ITS ECONOMIC PROGRESS AS THERE ARE OTHER PARTS
OF THE COUNTRY THAT ARE IN A STATE OF DEPRESSION.
ROBERT CAIRNS, WHO SOLD THE PROPERTY TO GORDON NUTT, CAME
BEFORE THE BOARD AND FELT THAT A DENSITY BETWEEN 8, 6 OR 4 CANNOT
TELL YOU WHETHER YOU ARE GOING TO GET A BETTER OR WORSE DEVELOPMENT.
HE INFORMED THE BOARD THAT MR. NUTT'S DEVELOPMENT WAS BEING PROPOSED
BELOW THE DENSITY OF THE MASTER PLAN. MR. CAIRNS ADVISED THAT IN
1972 WHEN THE DENSITY WAS ALLOWED FOR 15, HE STATED THAT HE WOULD
NEVER BUILD THAT BELOW 8, EVEN THOUGH THE TAXES WERE PAID FOR A
DENSITY OF 15. MR. CAIRNS COMMENTED THAT A MORATORIUM TO AFFECT ONE
PLAN AND ONE PLAN ALONE, WHICH HAS BEEN IN PROCESS FOR A YEAR, WAS
VERY MUCH OUT OF LINE.
KIM HERT, A CONCERNED CITIZEN OF 836 GAYFEATHER, CAME
BEFORE THE BOARD. SHE FELT THE IMPACT OF DEVELOPMENT, WITH SUCH
FACTORS AS SEWER, WATER, TRAFFIC AND DENSITY, WAS A VERY IMPORTANT
ISSUE. FROM ALL SHE HAS HEARD, THE MORATORIUM WAS AIMED AT RESOLVING
THOSE FACTORS AND IF THEY ARE TAKEN CARE OF BY THE DEVELOPERS, THEN
SHE DID NOT QUITE UNDERSTAND WHAT THE PURPOSE WAS OF A MORATORIUM.
SHE STATED THAT WITH THE LOCAL GOVERNMENT TAKING THE CONSERVATIVE
APPROACH, VERO BEACH WOULD BE THE KIND OF TOWN THAT PEOPLE WOULD
SELECT TO LIVE IN, JUST AS SHE HAD,
DAVID CAIRNS, REPRESENTING BAYTREE DEVELOPMENT,.APPROACHED
THE,BOARD, HE DESCRIBED THE PROJECT AND NOTED THAT THE KEY FACTOR,
SINCE IT IS LOCATED ON BOTH SIDES OF A1A, IS THAT IT CANNOT BE
DIVIDED - MANY OF THE AMENITIES AS WELL AS THE WATER AND SEWER TREAT-
MENT PLANTS WILL BE ON THE WEST SIDE of AIA. MR. CAIRNS FELT THAT
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WITH ALL THE APPROVALS GRANTED TO DATE, RIGHTS HAVE BEEN VESTED FOR
THIS PROJECT. GREAT EXPENDITURES HAVE BEEN MADE TO DATE, HE ADDED.
HE THEN -ASKED THE BOARD'S CONSIDERATION TO EXCEPT THE BAYTREE PROJECT
FROM THE MORATORIUM.
CHARLES BLOCK, LOCAL ARCHITECT AND ALSO A BARRIER ISLAND
RESIDENT, STEPPED BEFORE THE BOARD AND MADE SEVERAL COMMENTS IN
OPPOSITION TO THE MORATORIUM, HE FOUND IT HARD TO BELIEVE THAT THE
BOARD WAS FORCED TO SOLVE A PROBLEM BY GOING TO A MORATORIUM. MR.
BLOCK WAS IMPRESSED WITH THE DEVELOPERS COMING TO THIS TOWN, HE NOTED
THAT THE COUNTY IS IN AN ECONOMIC STRAIN, AND BY HAVING A MORATORIUM, IT
WILL MEAN THE REDUCTION OF JOBS TO THE PEOPLE HERE. MR, BLOCK HOPED
THE BOARD WOULD GIVE A REALISTIC THOUGHT TO WHAT IS OCCURRING, AS
THE PEOPLE IN THE COUNTY WANT TO SEE CONTROLLED GROWTH.
RAY SCENT, RESIDENT, SPOKE ABOUT HOW THE BARRIER ISLAND WAS
MANY YEARS AGO AND HOW IT IS DEVELOPING TODAY, HE ALSO FELT THAT THE
MORATORIUM WILL MEAN PEOPLE WILL BE OUT OF WORK. MR. SCENT EMPHASIZED
STRONGLY THAT A MORATORIUM WOULD BE TO SATISFY THE POWER GROUP.
ATTORNEY MICHAEL O'HAIRE, REPRESENTING THE VERO BEACH CITIZENS
ASSOCIATION, CAME BEFORE THE BOARD AND STRESSED THAT THE CRISIS. ON
BARRIER ISLAND IS WATER - THE COUNTY IS BEING THREATENED BY LOSS
OF WATER, HE SPOKE IN OPPOSITION TO WHAT THE TRAFFIC IMPACT WOULD DO
TO JUNGLE TRAIL - HE THOUGHT THE MORATORIUM HAD TO BE ADOPTED.
ATTORNEY STEVE HENDERSON, REPRESENTING FLORIDA LAND COMPANY,
CAME TO THE BOARD AND MENTIONED THE LEGAL ISSUE OF THE VALIDITY OF
PASSING AN ORDINANCE THIS EVENING. HE THEN CITED A FLORIDA SUPREME
COURT CASE,- ELLISON VS. STATE OF FLORIDA - WHICH GAVE A GENERAL RULE:
IF AN ORDINANCE IS PASSED WHICH AFFECTS LAND USE, IT MUST BE PASSED
AS A ZONING ORDINANCE. AS A RESULT, HE CONTINUED, HE COULD ONLY
ASSUME THAT THE BOARD WOULD BE PASSING THE ORDINANCE IN BAD FAITH.
ATTORNEY HENDERSON ADDED THAT THEIR PROJECT IS THE ONLY PROJECT THAT
IS NOW EXCEEDING THE DENSITY THE ZONING BOARD HAS RECOMMENDED FOR
THIS AREA, EVEN THOUGH INITIALLY THEIR SITE PLAN WAS FILED IN SEPTEMBER,
1980. HE ADVISED THAT FLORIDA LAND COMPANY HAS SPENT $153,000 SO FAR
IN.EXPENSES, AND THEY ARE LOSING $40j000 A MONTH - THIS LAND IS UNDER
OPTION BY HIS CLIENTS. ATTORNEY HENDERSON FELT THAT IF THE BOARD
WAS GOING TO PASS A MORATORIUM, THEY SHOULD CONSIDER EXEMPTING THOSE
PROJECTS THAT ARE CURRENTLY ON FILE.
JIM SELLEN, LAND PLANNER REPRESENTING FLORIDA LAND COMPANY,
APPROACHED THE BOARD AND REFERRED TO THE POPULATION PROJECTION OF
THE BARRIER ISLAND. HE COMMENTED THAT SOMEONE TOOK 6 UNITS PER ACRE
AND APPLIED IT TO EVERY ACRE OF LAND ON THE BARRIER ISLAND, AND DID
NOT CONSIDER SOME OF THAT LAND WAS BEING USED FOR STATE PARKS AND FOR
AGRICULTURE PURPOSES. MR. SELLEN STATED THAT THE COUNTY HAD ALL THE
TOOLS IT NEEDS TO USE SUCH AS ZONING, SITE PLANNING, THE BUILDING
PERMITTING PROCESS, AND SEWER AND WATER FRANCHISING. HE DID NOT FEEL -
A MORATORIUM WAS, THEREFORE, NECESSARY,
NANCY WELTER, RESIDENT OF THE BARRIER ISLAND, SPOKE IN
FAVOR OF THE MORATORIUM. SHE REMINDED THE BOARD THAT THEY WERE DEALING
WITH A NATIONAL CRISIS AND HOPED THAT THEY HAD THE INTESTINAL FORTITUDE
TO DEAL WITH IT.
STADIUS KNOWLES, OF POST, BUCKLEY AND SCHUH, MENTIONED TO
THE'BOARD THE ISSUE IN REGARD TO THE FLORIDAN AQUIFER AND THE SALT
WATER INTRUSION. HE MENTIONED A DISCUSSION HE HAD WITH THE GEOLOGIST
WHO'WORKS FOR THEIR FIRM REGARDING THIS MATTER, AND JUST WANTED THE
BOARD TO BE AWARE OF THE FACT THAT HUNDREDS OF WELLS IN INDIAN RIVER
COUNTY ARE FLOWING DAY AND NIGHT OUT OF THE FLORIDAN AQUIFER.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
COMMISSIONER SCURLOCK STATED HE WAS FIRMLY CONVINCED THAT
THIS PROPOSED ORDINANCE NEEDS TO BE PASSED. HE FELT THAT VESTING
OF SOME DEVELOPMENTS WOULD COME UNDER THE EXCEPTION RULE. COMMIS-
SIONER SCURLOCK COMMENTED THAT THE BOARD CAN BEST SERVE THE COMMUNITY
BY ANALYZING EACH PROJECT. THE BOARD DOES NOT DESIRE TO PUT PEOPLE
OUT OF WORK BUT ARE ACTIVELY PURSUING THIS MATTER IN ORDER TO MAKE
A REASONABLE DECISION. HE STATED THAT THE PLANNING & ZONING COMMISSION
HAD CHANGED CONSIDERABLY IN THE PAST SIX OR EIGHT MONTHS, AND THE
MAJORITY OF THE BOARD OF COUNTY COMMISSIONERS HAS ALSO CHANGED. MANY OF
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THE CURRENT BOARD MEMBERS CAME INTO THE JOB WITH SOME OF THESE PROJECTS
MID -WAY ALONG THE LINE, HE ADDED.
HE APPROVED THE MORATORIUM.
COMMISSIONER SCURLOCK STATED THAT
DISCUSSION FOLLOWED ALONG THOSE LINES.
CHAIRMAN LYONS COMMENTED THAT SOME OF THE PROJECTS HAVE
BEEN CAUGHT IN MID -STREAM. HE WOULD FAVOR PASSING THE ORDINANCE FOR
A MORATORIUM AND WOULD FAVOR AN EXCEPTION FOR BAYTREE AND OTHERS
SIMILAR TO IT. THE CHAIRMAN STATED THE BOARD IS FACING A DILEMMA
AS THE DENSITIES ARE CONSIDERABLY LOWER THAN THOSE PROPOSED BY THE
PLANNING & ZONING COMMISSION FOR THE COMPREHENSIVE PLAN. ONE OF THE
REASONS FOR THE MORATORIUM, HE NOTED, WAS TO HELP THE BOARD RES1OLVE
THE DENSITY PROBLEM AS FAR AS THE BARRIER ISLAND WAS CONCERNED.
COMMISSIONER WODTKE POINTED OUT THAT THEY ARE TALKING ABOUT
LAND THAT IS ZONED AT 15 UNITS AN ACRE - RECENTLY THEY HAD AN OPPORTUNITY
TO REZONE THIS AREA TO S UNITS AN ACRE, BUT IT WAS NOT DONE, HE
SUGGESTED PUTTING ON A MORATORIUM FOR THAT AREA, AND LEAVE THOSE PROJECTS
UNDER 6 UNITS AN ACRE TO CONTINUE IN PROCESS. COMMISSIONER WODTKE
SUGGESTED THAT NEW PROJECTS COMING IN WOULD HAVE TO FILE FOR AN
EXCEPTION.
COMMISSIONER SCURLOCK STATED HE WOULD OBJECT TO ANY NEW
PROJECTS COMING IN - HE DID NOT WANT TO CONSIDER ANY NEW SITE PLANS
WHATSOEVER,
COMMISSIONER WODTKE COMMENTED THAT THERE ARE SOME AREAS WHERE
THEY WOULD HAVE TO HAVE SOME FLEXIBILITY. HE REITERATED THAT HE WOULD
PREFER TO PUT A MORATORIUM ON ANYTHING ABOVE 6 UNITS AN ACRE AND
ANYTHING THAT IS IN THE MILL NOW WOULD BE PROCESSED THAT IS 6 UNITS
AN ACRE OR LESS; THEN ANYTHING THAT COMES IN 6 OR OVER WOULD HAVE TO
GO THROUGH THE EXCEPTION PROCESS.
WERE:
GENERAL DISCUSSION FOLLOWED.
MR. REVER ADVISED THE THREE IN-HOUSE PROJECTS PENDING REVIEW
RIVER BEND - 84 ACRES
SEA OAKS - 125 ACRES
BAYTREE - 36.46 AGES
MR. REVER ADVISED THE CORRECT FIGURES FOR HIS MAY 27TH MEMO SHOULD
BE "2,04$ RESIDENTIAL UNITS CONTAINED ON APPROXIMATELY 302 ACRES."
ATTORNEY COLLINS SUGGESTED THE BOARD MAKE THE DISTINCTION
OF WHAT SITE PLANS HAVE BEEN FILED, AND TO INCLUDE A SPECIAL EXCEPTION
CLAUSE IN THE ORDINANCE.
COMMISSIONER BIRD COMMENTED THAT A MORATORIUM SHOULD BE
USED WITH GREAT DISCRETION, ON AN EMERGENCY TYPE BASIS, IF THERE WAS
SOME DANGER TO THE COMMUNITY. HE DID NOT KNOW HE WAS CONVINCED THE
DANGER WAS THAT GREAT, BUT HE DOES SUPPORT THE LOWER DENSITY. COM-
MISSIONER BIRD DID NOT LIKE 15 UNITS AN ACRE BUT THE BOARD HAS BEEN
DEALING WITH DEVELOPERS IN THIS AREA WHO HAVE NOT TRIED TO TAKE
ADVANTAGE OF THE 15. HE COMMENTED THAT NOW WHEN SITE PLANS ARE READY
TO COME FOR APPROVAL, WE CHANGE THE RULES OF THE GAME. HE ADVISED
THAT HE WOULD SUPPORT COMMISSIONER WODTKE'S THINKING THAT THOSE
PROJECTS IN PROCESS BE ALLOWED TO CONTINUE THEIR PROCESSING IF THEY
ARE 6 UNITS OR LESS AN ACRE, OR THEY CAN BRING THEIR PROJECTS TO 6,
HE ADDED THAT THE MORATORIUM WILL PUT PEOPLE OUT OF WORK; THINGS ARE
NOT AS GOOD AS THEY SEEM, AND CONSTRUCTION AND BUSINESS PEOPLE ARE
NOT HAVING IT REAL WELL AT THIS TIME.
MORE DISCUSSION FOLLOWED CONCERNING EXCEPTION AND VARIANCE
PROCEDURES. IT WAS DETERMINED THE FOLLOWING PHRASE WOULD BE ADDED TO
THE ORDINANCE: "SITE PLANS FOR RIVER BEND, SEA OAKS AND BAYTREE NOW
ON FILE AND AS MORE SPECIFICALLY DESCRIBED WITHIN EACH SITE PLAN
APPLICATION, CONDITIONED ON EACH SITE PLAN NOT EXCEEDING 6 UNITS PER
ACRE, ARE EXEMPTED FROM THIS ORDINANCE."
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM—
MISSIONER WODTKE, THAT THE BOARD ADOPT ORDINANCE 81-24, AS AMENDED,
ESTABLISHING A MORATORIUM ON THE REVIEW AND APPROVAL OF ALL SITE PLANS
ON THE NORTH BEACH AREA OF THE BARRIER ISLAND.
80(111 Pdu99
JUL 2 1981 {: ,
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JUL 2 1981
�DOK 46 FAr,E 80®.
ORDINANCE NO. 81- 24
AN ORDINANCE ESTABLISHING A MORATORIUM ON THE
REVIEW AND APPROVAL OF ALL SITE PLANS, AS PRO-
VIDED FOR IN APPENDIX A, ZONING, SECTION 23,
INDIAN RIVER COUNTY CODE OF ORDINANCES, 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, SAID LANDS LYING WITHIN
•INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR FIND-
INGS OF FACT, LEGISLATIVE INTENT AND PURPOSE; A
TIME PERIOD FOR SAID MORATORIUM; A PROVISION FOR
EXCEPTIONS; A PENALTY PROVISION; A PROVISION PRO-
VIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
FINDINGS OF FACT
WHEREAS, Indian River County is required to adopt a Comprehensive
Plan pursuant to the Local Government Comprehensive Planning Act of 1975,
Florida Statutes 163.3161 et sea, and
WHEREAS, The Indian River County Planning and Zoning Commission,
acting as the Local Planning Agency, after a thorough study and analysis
conducted from May, 1980 to April, 1981 and pursuant to public hearings
held on April 15th, 16th and 23rd, 1981 accepted and recommended to the
Board of County Commissioners of Indian River County for adoption, the
Indian River County Comprehensive Plan, and
WHEREAS, the Land Use Element of the Comprehensive Plan incorporates
a Barrier Island Study of Indian River County, conducted by the Treasure
Coast Regional Planning Council, at the request of the Indian River
County Board of County Commissioners, which study was completed in April,
1981, and
WHEREAS, the Barrier Island Study raises serious issues regarding
the capacity of the barrier island under both existing growth patterns
and those allowed under the proposed Comprehensive Plan to provide
adequate levels of service with regard to traffic circulation, waste
water treatment and potable water supply, and points out the necessity
for special treatment for certain environmentally sensitive areas, and
PUBLIC PURPOSE AND LEGISLATIVE INTENT
WHEREAS, it is the intent and purpose of the Board of County Com-
missioners of Indian River County to provide for the public health,
safety and welfare, and to promote these ends by providing all residents
of Indian River County a compatible living environment with adequate
public services sufficient to accommodate both present needs as well as
future demand, and at the same time to protect the unique environment
and quality of life in Indian River County, and
WHEREAS, according to a memorandum by David Rever, Planning and
Zoning Director of Indian River County, dated May 27th, 1981, there
are presently site plan applications in varying stages, encompassing
approximately 2,048 residential units contained on approximately 302
acres of the North Beach area of the barrier island, and
WHEREAS, the capacity of the island to support growth at this
rate has been questioned by the Barrier Island Study, and
WHEREAS, the Board of County Commissioners, in order to best insure
the public health, safety and welfare, requires adequate time to analyze
the proposed Comprehensive Plan, to conduct public hearings thereon, and
to adopt the same, and
WHEREAS, to allow continued processing and approval of site plans
would impair or negate the purpose of the planning process mandated by
the Local Government Comprehensive Planning act,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COIISIISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, pursuant to, but not limited by, the
Florida Constitution, Article VIII, Section 1 (f); Florida Statutes
125. Ql (1) (g) ; 125.01(1) (h) ; 163. 3131 (1) (a) ; 163. 3167 (1) (b) , that a
moratorium of one hundred twenty (120) days or until the Indian River
County Comprehensive Plan is adopted by The Board of County Commissioners,
whichever period is shorter, is hereby established.on the processing
and approval of all pending and future site plan applications pursuant
to Appendix A, Zoning, Section 23, Indian River County Code of Ordinances,
for projects lying within the following described area:
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, said lands lying
within Indian River County, Florida.
Site plans for River Bend, Sea Oaks and Bay Tree
now on file and as more specifically described
within each site plan application, conditioned
on each site plan not exceeding 6 units per acre,
are exempted from this ordinance.
The Board of County Commissioners of Indian River County may receive
and consider requests for granting of exceptions from the terms of this
ordinance and to grant such exceptions as will not be contrary to the
public interest. In considering requests for exceptions, The Board of
County Commissioners shall consider whether or not the applicant, in
good faith, has relied upon an act or omission by the county and as a
result of such reliance has made such a substantial change in position
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J U L 2 �9�1
or has incurred such substantial obligations and expenses that it would
be highly inequitable or unjust to apply the provisions of this ordinance.
Exemption requests shall be considered by The Board of County
Commissioners at a public hearing held pursuant to published public
notice of the material contents of the request, at least fifteen (15)
days, excluding Sundays and legal holidays, prior to the scheduled
date of the public hearing.
Should any section, clause, word or provision of this ordinance or
application of a provision contained within this ordinance be declared
by the courts to be unconstitutional or invalid, such declaration shall
not affect the validity of the ordinance as a whole or any part thereof,
other than the part or application declared to be unconstitutional or
invalid.
The Board of County Commissioners may enforce the provisions of
this ordinance by seeking injunctive relief or any other remedies
provided by law.
This ordinance -shall take effect as prescribed by law.
This ordinance shall take effect July 9, 1981.
COMMISSIONER FLETCHER INQUIRED ABOUT THE EXISTING UNITS PER
ACRE ON THE SITE PLANS PREVIOUSLY DISCUSSED.
MR. REVER INFORMED HIM OF THE FOLLOWING:
SEA OAKS - 5.75 UNITS PER ACRE
BAYTREE - 3.59 UNITS PER ACRE
RIVER BEND - 7.4 UNITS PER ACRE
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD,
ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT
10:20 O'CLOCK P.M.
ATTEST:
ail, - lb)h"'
CLERK
J U L 2 1981 15
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