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HomeMy WebLinkAbout9/21/1981. _* m (C,L,U,P, -BARRIER ISLAND & LAND BETWEEN SR 510 & SR 60 oN MAINLAND) T MONDAY, SEPTEMBER 21, 1981 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN SPECIAL SESSION AT CITY HALL COUNCIL CHAMBERS, 1053 20TH PLACE, VERO BEACH, FLORIDA, ON MONDAY, SEPTEMBER 21, 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, R.STEPHEN HOULIHAN, ASSISTANT ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER, AND ANNOU"JCED THAT THIS MEETING WOULD DEAL WITH THE COMPREHENSIVE LAND USE PLAN AS IT RELATES TO THE PROPERTIES LYING BETWEEN S. R. 5.10 AND S:,R, 60 ON THE MAINLAND AND ALL PROPERTY ON THE BARRIER ISLAND. HE THEN INFORMED THOSE PRESENT THAT AT A WORKSHOP MEETING, THERE HAD BEEN SOME INDICATION THAT THE BOARD MIGHT ADOPT A CHANGE TO LOWER SOME OF THE DENSITY NUMBERS, I.E „ BY LOWERING THE MD -2 FROM A MAXIMUM OF 12 TO 10,,MXD FROM 16 TO 14, AGRICULTURAL TO GO TO ONE UNIT PER FIVE ACRES INSTEAD OF TEN ACRES. THE CHAIRMAN ASKED ATTORNEY HOULIHAN TO COMMENT ON ANY SIGNIFICANCE SUCH A CHANGE MIGHT HAVE IN REGARD TO CREATING ADDITIONAL NON—CONFORMING SITUATIONS, ATTORNEY HOULIHAN EXPLAINED THAT BY MERELY Df-SIGNATING DENSITY NUMBERS, YOU DO NOT CREATE NON—CONFORMITY, AND THE IMPACT OF THE PLAN ON NON—CONFORMITY WILL DEPEND LARGELY ON HOW THE COMMISSION WANTS TO DEAL WITH THE PLAN ONCE IT IS IMPLEMENTED, HE FELT THE BOARD OULD HAVE TO TAKE A CLOSE LOOK AT HOW EXISTING USES ARE ESTABLISHED, BUT TED THEY CAN DO PRETTY MUCH WHAT THEY WANT TO BECAUSE THEY ARE NOT CONSTRAINED BY ANY RIGID RULES. ATTORNEY HOULIHAN DID NOT BELIEVE ALTERATION OF THE DENSITY NUMBERS WOULD CREATE ANY SIGNIFICANT PROBLEMS, SEP 211981 oo,� 47 Par,E 563. r SEP 211981 Box 47 PAGE 564 COMMISSIONER SCURLOCK NOTED THERE ALSO HAD BEEN DISCUSSION THAT WHEN THE"MXD CATEGORY WAS DEVELOPED AS A RESIDENTIAL USE, IT WOULD TAKE ON THE CHARACTERISTICS OF THE ADJOINING PROPERTY. IT WAS FELT THAT GIFFORD AREA WAS AN EXCEPTION TO THAT, AND PLANNING DIRECTOR REVER STATED THAT THEY HAD DESIGNATED 3 MXD AREAS - #1 GIFFORD WHICH COULD HAVE UP TO 14 UNITS PER ACRE, #2 ALONG U.S. 1,AND #3 THE OSLO ROAD AREA, THE U. S. I AND OSLO ROAD AREAS RESIDENTIALLY WOULD TAKE ON THE CHARACTERISTICS OF THE SURROUNDING LAND USE. THIS, OF COURSE, HAS TO BE DONE THROUGH THE ZONING PROCESS. COMMISSIONER FLETCHER DISCUSSED THE NECESSITY OF REZONING EXISTING ZONING IN EXCESS OF THAT DESIGNATED IN THE PLAN, AND CHAIRMAN LYONS STATED IF IT IS UNDEVELOPED LAND, HE WOULD EXPECT IT WOULD BE REZONED TO WHATEVER IS APPROPRIATE NOT TO EXCEED THE CAP FOR THAT PARTICULAR AREA, IF THERE IS AN ESTABLISHED USE ON THAT PROPERTY, HE FELT WE ARE SAYING WE WANT TO FIND A WAY TO ERASE THE NON -CONFORMITY. PLANNING DIRECTOR REVER COMMENTED THAT HE HAS PREPARED AN OVERLAY IN RELATION TO THE PLAW AS IT EXISTS OF THOSE LANDS THAT WOULD NEED TO BE REZONED IF THE PLAN IS IMPLEMENTED, AND WHILE THERE IS A CONSIDERABLE PORTION OF LAND INVOLVED, IT IS NOT A LARGE PER- CENTAGE OF THE LAND IN THE COUNTY. COMMISSIONER BIRD FELT THE QUESTION OF CONFORMITY AND NON- CONFORMITY IS VITAL, AND NEEDS TO BE CLEARLY UNDERSTOOD. IN OTHER WORDS, ANY DEVELOPMENT THAT HAS OCCURRED PRIOR TO THE ADOPTION OF THE PLAN, EVEN THOUGH IT EXCEEDS THE ALLOWABLE MAXIMUM DENITY UNDER THE PROPOSED PLAN, WOULD BE GRANDFATHERED IN AND WE WOULD NOT INITIATE A REZONING ON THAT PARTICULAR PIECE OF PROPERTY, HE BELIEVED THAT AT SOME POINT THE BOARD ALSO WILL HAVE TO DEVELOP CRITERIA AS TO PROJECTS THAT ARE IN PROCESS AND ESTABLISH SOME KIND OF REASONABLE CUT OFF POINT, CHAIRMAN LYONS NOTED THERE IS MORE THAN ONE PATH RE NON- CONFORMANCE AND RATHER THAN SETTLE IT TONIGHT, HE FELT THE BOARD COULD AGREE THAT WE WANT TO MINIMIZE THE AFFECT AS MUCH AS POSSIBLE, BOTH ON BUSINESS AND RESIDENTIAL DEVELOPMENT. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED PAY COMMISSIONER WODTKE TO FORMALLY ADOPT THE CHANGES PROPOSED Il THE LEGEND ON THE LAND USE MAP LOWERING THE DENSITIES AS FOLLOWS: MD -2 FROM 12 TO A MAXIMUM OF 10 MXD FROM 16 TO A MAXIMUM OF 14 AGRICULTURAL TO ONE UNIT PER FIVE ACRES. COMMISSIONER FLETCHER STATED THAT WE HAVE BEEN CHARGED BY THE STATE TO PLAN OUR COUNTY ACCORDING TO OUR RESOURCES, HE BELIEVED WE ALL HAVE ADMITTED WE DO NOT KNOW WHAT THOSE RESOURCES ARE, AND FELT THAT WE ARE OVERLY OPTIMISTIC ABOUT WHAT OUR LAND HAS THE CAPABILITY TO HOLD. COMMISSIONER SCURLOCK:POINTED OUT THAT WE HAVE HAD LENGTHY DISCUSSION ABOUT ENVIRONMENTALLY SENSITIVE LANDS; WE HAVE RECEIVED A GREAT DEAL OF INFORMATION TO IDENTIFY THESE AREAS FROM THE FISH & CAME COMMISSION; AND IT HAS BEEN INDICATED WE WANT TO DO A GREAT DEAL OF IN DEPTH WORK BOTH IN IDENTIFYING THE ENVIRONMENTALLY SENSITIVE LANDS AND NOT ALLOWING THEM TO BE DEVELOPED AT ANYTHING BUT THE VERY MINIMUM DENSITY. HE STATED HE IS FIRMLY COMMITTED TO THAT AND FELT THE REST OF THE BOARD IS ALSO, HE POINTED OUT THAT WE HAVE THE FLEXIBILITY TO TAKE INTO CONSIDERATION FACTS THAT WOULD INDICATE THE ADVISABILITY OF ZONING LOWER THAN AT THE MAXIMUM ALLOWABLE LEVEL. COMMISSIONER BIRD ALSO CONFIRMED THAT THE BOARD WILL CONTINUE TO PURSUE THE SEEKING OUT OF THIS INFORMATION DILIGENTLY AND THE PLAN WILL BE MODIFIED CONTINUALLY AS SUFFICIENT INFORMATION BECOMES AVAILABLE, COMMISSIONER SCURLOCK FELT THE BOARD AT THE WORKSHOP MEETING HAD MADE A COMMITMENT TO DO A FORMAL REVIEW OF THE COMP- REHENSIVE LAND USE PLAN EVERY YEAR, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 4 TO 1 WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. SEP 211981 -3- b0o� 47 PAr,E565 ���®OOPAGE SEP 211981 K 4 � . IT WAS THEN EMPHASIZED THAT TONIGHT THE BOARD IS ADDRESSING SPECIFIC PROPERTIES,NOT ADDRESSING THE LAND USE PLAN AS A WHOLE, AND IT IS THE INTENT TO TRY TO PROCEED IN SOME SORT OF GEOGRAPHICAL PROGRESS10140 CHAIRMAN LYONS INQUIRED AS TO THE WISH OF THE COMMISSION RE CHANGING ALL THE AGRICULTURAL ON THE BARRIER ISLAND TO LD -1. COMMISSIONER SCURLOCK EXPRESSED CONCERN THAT WE GIVE DUE CONSIDERATION TO THE OWNERS OF AGRICULTURAL LAND AND PROTECT THEM BY ALLOWING THEM SOME OTHER USE IN THE FUTURE RATHER THAN USING UP ALL OUR DENSITIES FOR THOSE PRESENTLY POSED FOR DEVELOPMENT AND STATED THAT WAS WHY HE HAD PROPOSED THE CONSIDERATION of LD -1 FOR THE AGRICULTURAL LANDS$ MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THAT THE AREA ON THE NORTH BARRIER ISLAND NORTH OF S.R. 510 PRESENTLY DESIGNATED AGRICULTURAL BE DESIGNATED LD -11 COMMISSIONER FLETCHER FELT THE PLAN IS SAYING THAT IN THE NEXT 20 YEARS ALL LAND LYING EAST OF KINGS HIGHWAY THAT IS IN PRODUCTIVE CITRUS WILL EVENTUALLY GO TO LOW RESIDENTIAL USE, AND CHAIRMAN LYONS EXPLAINED THAT IT. MERELY SAYS THAT IF THERE IS DE- VELOPMENT IN THAT DIRECTION THAT IS THE KIND OF DEVELOPMENT THAT WILL TAKE PLACE$ COMMISSIONER FLETCHER COMMENTED THAT THERE IS SOMEWHERE IN THE AREA OF 20,000 ACRES IN THIS AREA CURRENTLY ACCEPTED UNDER THE GREEN BELT LAW AND PAYING 25% LESS TAXES, HE DID NOT SEE WHY THIS SHOULD BE DESIGNATED LOW DENSITY AND POINTED OUT THAT CALLING IT AGRICULTURAL WOULD NOT PRECLUDE THEIR COMING TO US LATER AND ASKING THAT IT BE CHANGED, IT WAS NOTED THAT UNDER THE PRESENT PLAN THERE IS CONSIDERABLE AGRICULTURAL LAND THAT IS DESIGNATED MEDIUM DENSITY, AND IT HAS BEEN THAT WAY FOR YEARS ATTORNEY BYRON COOKSEY ASKED FOR PERMISSION TO SPEAK ON THIS MATTER REPRESENTING PROPERTY OWNERS IN THE NORTHWEST QUADRANT OF THE BARRIER ISLAND, AS FOLLOWS: M' m J. V. TALBORA CO, RYALL GROVES DEERFIELD GROVES G. C. PRYOR GROVES r LIER GROVES KENNEDY GROVES COOPER -KENNEDY GROVES SAM PRYOR GROVES ATTORNEY COOKSEY CONTINUED THAT THEY HAVE REQUESTED BY LETTER AND AT PUBLIC HEARINGS THAT THEY BE PAINTED BY THE SAME BRUSH AS THE REMAINDER OF THE BARRIER ISLAND AND ALLOWED THE SAME LD -2 DESIGNA- TION RATHER THAN BEING SINGLED OUT AND DISCRIMINATED AGAINST. BEN BAILEY, JR., LOCAL CITRUS GROWER, CONCURRED WITH MR. COOKSEY AND FELT THE LAND ON THE NORTH SIDE OF 510 SHOULD BE GIVEN THE SAME DENSITY AS THE LAND TO THE SOUTH SINCE THERE IS NO ESSENTIAL DIFFERENCE IN THESE LANDS® MAY PUYANNIC, SPOKE REPRESENTING PELICAN ISLAND GROVES, ANOTHER LAND OWNER IN THE SAME AREA, AND ALSO CONCURRED WITH ATTORNEY COOKSEY°S REQUEST THAT THEY BE TREATED WITH AN EQUAL BRUSH, HE DID FEEL IT IS A GREAT STEP FORWARD THAT LD -1 HAS BEEN RECOMMENDED. MRS. GEORGE LIER, A GROVE OWNER IN ORCHID, INFORMED THE BOARD THAT THERE ARE ISO ACRES OF PRODUCING GROVE SOUTH OF 510 ZONED AGRICULTURAL THAT ARE BEING LUMPED IN THE LD -2, THERE ARE 40 ACRES OF PRODUCING GROVE SOUTH OF 510 PRESENTLY ZONED R-2 AND 79 ACRES NORTH OF 510 ZONED R-1, AND SHE DID NOT KNOW WHY SOME WERE PUT IN ONE CATEGORY AND THE REST LUMPED IN LD -21 PLANNING DIRECTOR REVER FELT THERE WERE DIFFERENT PHYSICAL CHARACTERISTICS SUCH AS LOW ELEVATION, WHICH WOULD MAKE THE LD -1 VERY APPROPRIATE EVEN WITH LD -2 ADJACENT, DISCUSSION FOLLOWED ABOUT MAKING THE ENTIRE AGRICULTURAL AREA LD -1 BOTH NORTH AND SOUTH OF 510. JERRY PRYOR, OWNER OF 40 ACRES OF AGRICULTURAL LAND IN THIS AREA, OBJECTED AND FELT THE COUNTY COMMISSION WAS RUNNING THE AGRICUL- TURAL PROPERTY DOWN TO LD -1 BECAUSE THEY WERE WORRIED ABOUT A LAWSUIT ON THE OTHER LANDS. GEORGE LIER, GROVE OWNER IN ORCHID FOR 35 YEARS, NOTED THAT HE HAD GRUBBED THIS LAND OUT WITH HIS OWN HANDS AND RECENTLY THEY HAVE DRILLED MORE WELLS, HE STATED THERE IS MORE WATER UP THERE THAN PEOPLE KNOW ABOUT AND THAT IT IS MOSTLY HIGH AND DRY LAND WITH GOOD DRAINAGE. MR. LIER FELT IF THE COMMISSION IS GOING TO ALLOW THE SEP 211981 moor 47 PAP, E567 r 800x 4 7 PAGF 568 SEP 211991 EAST SIDE TO DEVELOP UP TO 6 UNITS PER ACRE, THEY ARE PUTTING THE PRESSURE ON THE AGRICULTURAL, AND IF THEY ARE FORCED OUT, THEY WOULD LIKE AS GOOD TREATMENT AS IS GIVEN TO THE EAST SIDE COMMISSIONER WODTKE STATED IT WAS HIS FEELING THAT THE FURTHER YOU GET AWAY FROM AIA AND THE OCEAN,THE LOWER THE DENSITY IS GOING TO BE. HE DID NOT KNOW WHAT THE TOWN OF ORCHID IS GOING TO DO IN THEIR TOWN AREA, BUT HE BELIEVED THE LD -1 FOR THE AREA TO THE NORTH IS ACCEPTABLE AT THE PRESENT TIME WITH THE UNDERSTANDING z THAT WE WILL REVIEW IT, AND IF IT BECOMES EVIDENT THAT THE TRANS- PORTATION AND SERVICES ARE THERE, WE WOULD HAVE TO CHANGE OUR CON- SIDERATION. COMMISSIONER BIRD SAW THIS AS AN AREA OF TRANSITION WHICH IS WHY IT CAN BE TREATED DIFFERENTLY THAN THE AREA SOUTH of 510. HE NOTED THAT A GREAT DEAL OF THE AREA TO THE SOUTH , WHICH IS PRESENTLY UNDER HEAVY DEVELOPMENT, WAS ZONED AT 15 UNITS PER ACRE, AND WE ARE TRYING TO REDUCE IT TO 6, HE ALSO NOTED THE PLAN WILL BE REVIEWED ANNUALLY, AND HE BELIEVED THE LD -1 IS A REASONABLE COMPROMISE. THE CHAIRMAN CALLED FOR THE QUESTION ON THE MOTION THAT THE AREA ON THE NORTH BARRIER ISLAND NORTH OF S.R. 510 PRESENTLY DESIGNATED AGRICULTURAL BE DESIGNATED LD -1. IT WAS VOTED ON AND CARRIED 4 TO 1 WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. IT WAS NOTED THAT THESE MOTIONS INDICATE TO THE PLANNING DEPARTMENT HOW WE WANT THEM TO DRAW THE MAP,AND THEY ARE NOT A FINAL VOTE ON THE MATTER. CHAIRMAN LYONS BROUGHT UP THE MATTER OF DESIGNATION OF EN- VIRONMENTALLY SENSITIVE LAND, PLANNING DIRECTOR REVER REPORTED THAT HE AND ASSISTANT PLANNER CHALLACOMBE APPROACHED THE GAME AND FRESH LATER FISH COM- MISSION FOR THEIR INPUT, AND HAVE NOW MAPPED THESE AREAS ON THE BARRIER ISLAND BASED ON AERIAL PHOTOGRAPHS AND FIELD TRIPS. HE HOPED THE GAME AND FRESH WATER FISH COMMISSION WILL HELP THEM DO THIS IN OTHER AREAS ALSO. THE MAP SHOWS WHAT THEY HAVE DESIGNATED FROM STUDY OF VEGETATION AS AREAS OF ENVIRONMENTALLY SENSITIVE WETLANDS AND SHORELAND FRINGE AREAS, MANGROVE AREAS, IMPOUNDMENT AREAS, ETC, MR. REVER FELT THIS TYPE OF INFORMATION COULD BE APPLIED TO THE LAND USE MAP; IT WOULD BE SPECIFIC AND WOULD TAKE THE ONUS OFF THE LAND OWNERS TO PROVIDE THIS INFORMATION. COMMISSIONER SCURLOCK ASKED WHAT WE WOULD USE IN THE INTERIM BEFORE IDENTIFICATION BY THE FISH AND GAME COMMISSION BECAUSE HE WAS CONCERNED ABOUT IDENTIFYING THESE AREAS RIGHT UP FRONT. MR, REVER SUGGESTED WE REVERT BACK TO OUR ORIGINAL THESIS WHERE WE ASK THE DEVELOPER TO SHOW US THE INFORMATION NECESSARY TO DETAIL THE EXISTENCE OF THE BOUNDARIES; COMMISSIONER BIRD ASKED IF THE PERMITTING PROCESS WOULD AFFORD THE COUNTY ADEQUATE PROTECTION, AND MR. REVER FELT THAT THIS FLUCTUATES BETWEEN BEING INADEQUATE AND OVERLY RESTRICTIVE, AND HE WOULD RATHER WE NOT RELY ON THE STATE AGENCY. HE BELIEVED THAT HIS DEPARTMENT WOULD BE ABLE TO PUT TOGETHER THE REMAINDER OF THE MAP QUITE QUICKLY. ATTORNEY HENDERSON COMMENTED THAT MRS. DALES WHO OWNS LAND THAT HAS BEEN DESIGNATED ENVIRONMENTALLY SENSITIVE IN THE NORTH BARRIER ISLAND AREA HAD BEEN GIVEN AN ESTIMATE OF $30,000 FOR A WETLANDS SURVEY. HE WISHED TO KNOW JUST HOW MUCH OF PINE ISLAND IS INVOLVED AND STATED THAT HE IS STILL CONCERNED ABOUT THE USE OF THE TERM ITSELF, MR. HENDERSON POINTED OUT THAT THERE IS NO LAND USE ASSOCIATED WITH THIS ZONE AND HE WONDERED IF SOMETHING HAS BEEN DONE TO CORRECT THAT BECAUSE ENVIRONMENTALLY SENSITIVE IS NOT A ZONING DESIGNATION. DISCUSSION FOLLOWED AS TO THE FACT THAT THE BOARD IS SAYING THAT THERE ARE PORTIONS OF THE ISLAND THAT ARE NOT DEVELOPABLE, AND A POSSIBILITY THAT WHEN THAT SPECIFIC PORTION CAN BE IDENTIFIED, THE BALANCE OF THE PROPERTY COULD TAKE ON THE DENSITY OF THE BORDERING PROPERTY, IT WAS NOTED THAT POSSIBLY THERE SHOULD BE A NEW CATEGORY AT SOMETHING LESS THAN LD -1 FOR THE ENVIRONMENTALLY SENSITIVE LANDS. COMMISSIONER WODTKE DID NOT HAVE A PROBLEM WITH A BASIC STATEMENT THAT IF THERE ARE LANDS WITHIN THE ENVIRONMENTALLY SENSITIVE DESIGNATION THAT ARE USABLE, IT WILL BE UP TO THE PROPERTY OWNERS TO PRESENT THE NECESSARY DOCUMENTATION TO PROVE IT IS USABLE LAND, HE FELT WE HAVE GONE ABOUT AS FAR AS WE CAN IN TRYING TO IDENTIFY THIS D._7_ �P 1981 fkE0 47 PAGE 569 Sf 1p� P 211981 800K 47 PACE t 0,, ATTORNEY HENDERSON ASKED IF THEY WILL KNOW IN ADVANCE WHAT DENSITY THEY WILL BE ABLE TO DEVELOP TO IF THEY CAN SHOW A CERTAIN PART IS DEVELOPABLE, IT WAS GENERALLY AGREED THAT IT SHOULD BE THE LOWEST AVAILABLE ZONING, AND THAT THE BOARD WOULD LIKE TO HAVE THE PLANNERS COME BACK WITH A RECOMMENDATION ON THIS PROBLEM. DOYLE ROGERS, TRUSTEE AND BENEFICIAL OWNER OF MARSH ISLAND NORTH OF WABASSO CAUSEWAY CAME BEFORE THE BOARD. MR. ROGERS DID NOT FEEL THEY HAVE BEEN JUSTLY TREATED BY THE TENTATIVE DESIGNA- TION ON THE LAND USE PLAN WHICH THEY ORIGINALLY WERE TOLD WAS LD -2 AND NOW, AFTER SPENDING A GREAT DEAL OF MONEY ON PLANS, HAVE LEARNED THAT IT IS LD -1, THIS PROPERTY ORIGINALLY WAS ZONED COMMERCIAL AND STILL IS, WHICH ZONING WOULD PERMIT APPROXIMATELY 580 UNITS IN A HOTEL,MOTEL OR RENTAL APARTMENT COMPLEX, WHEREAS LD -1 WOULD ALLOW ONLY 81 UNITS. MR. ROGERS THEN WENT INTO DETAIL AS TO MONEY SPENT OVER THE'YEARS ON TAXES, PLANNING, AND PRE -DEVELOPMENT EXPENSES. HE FELT IT WOULD BE UNFAIR, INEQUITABLE AND TANTAMOUNT TO INVERSE CONDEMNATION TO REDUCE THEM TO LESS THAN 6 UNITS PER ACRE AND THAT IT WOULD BE SPOT ZONING BECAUSE EACH SIDE OF THE RIVER IS LD -2. HE NOTED THAT THIS LAND DOES HAVE HIGH GROUND, i2' IN SOME AREAS, AND MUCH LESS MANGROVE THAN ANTICIPATED. THEY FEEL A UNIFIED AND WELL DEFINED CONDOMINIUM PLAN COULD DO A MUCH BETTER JOB IN THIS AREA THAN SINGLE FAMILY RESIDENCES, AND THEY HAVE PLANNED THEIR MARINA ORIENTED DEVELOPMENT WITH BUILDINGS ON STILTS AND ELEVATED WALKWAYS. HE URGED THAT THEY BE ALLOWED AN LD -2 DESIGNATION IN THE FINAL PLAN. PLANNING DIRECTOR EXPLAINED THEIR WORK ON THE PLAN AND BE- LIEVED THE ISLANDS WERE INTENDED TO BE LD -1, BUT THE MAP WAS WRONGFULLY DEVELOPED WITH SOME ARROWS IN THE WRONG PLACE INDICATING LD -2. HE STATED THAT AS SOON AS THIS WAS DISCOVERED, HE NOTIFIED MR, ROGERS. MR. REVER AGREED THAT THE PROPERTY UNDER DISCUSSION, WHICH BASICALLY IS A SPOIL AREA, IS HIGHER THAN MOST OF THE OTHER AREAS AROUND; THE ONLY SENSITIVE AREA IS THE FRINGE AREA OF MANGROVES. DISCUSSION CONTINUED; IT WAS NOTED THAT 6 UNITS PER ACRE WOULD RESULT IN 156 UNITS, AND FURTHER NOTED THAT THE ONLY ACCESS IS S.R. 510. COMMISSIONER SCURLOCK STATED THAT HE WOULD SUPPORT LD -1 WHICH WOULD ALLOW DEVELOPMENT SIMILAR TO THAT OF CACHE CAYE WHICH IS ON AN ISLAND ALSO. DR. HERBERT KALE REPORTED THAT TEN YEARS AGO HE CALLED THE ATTENTION OF THE COUNTY COMMISSION TO THIS ZONING; THEY HAD A JOINT PLANNING COMMISSION STUDY, AND IT WAS RECOMMENDED THAT IT BE REZONED RESIDENTIAL. THIS LAND IS VERY CLOSE TO ENVIRONMENTAL SENSI— TIVE AREAS, BUT HE FELT IT COULD BE LOW DENSITY. MR. ROGERS CONTINUED TO ARGUE IN FAVOR OF AN LD -2 DESIGNA— TION, NOTING THAT THERE ARE VERY FEW AREAS IN THE COUNTY SUITABLE FOR THE MARINA ORIENTED DEVELOPMENT THEY ARE PLANNING; HE DID NOT FEEL ACCESS IS A PROBLEM BECAUSE THERE ARE MANY OTHER AREAS ONLY APPROACHED BY ONE HIGHWAY, AND HE POINTED OUT THEY WOULD HAVE TO MEET THE RE— QUIREMENTS OF ALL GOVERNMENT AGENCIES WHEN DEVELOPING. COMMISSIONER FLETCHER FELT THE INDISPUTABLE FACT IS THAT IT IS AN -ISLAND, AND HE DID NOT FEEL IT COULD BE COMPARED TO THE BARRIER ISLAND. THE WATER AND SEWER PROBLEM WILL HAVE AN IMPACT. HE FELT LD -1 WAS A GRACIOUS ALLOWANCE. COMMISSIONER WODTKE NOTED THAT EVEN THOUGH THE LAND WAS ZONED COMMERCIAL, IT DOES NOT GIVE THE DEVELOPER INHERENT RIGHTS, AND ALSO THE LD -2 DESIGNATION WOULD NOT NECESSARILY GIVE HIM THE RIGHT TO DEVELOP AT 6 UNITS.PER ACRE. ANY PLAN SUBMITTED UNDER LD -2 WOULD HAVE TO RIDE ON ITS OWN WITH REGARD TO SEWER, WATER, ETC. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS— SIONER BIRD, TO CHANGE THE CLASSIFICATION OF THE PROPERTY UNDER DISCUSSION FROM LD -1 TO LD -2, CHAIRMAN LYONS STATED THAT HE WOULD HAVE TO VOTE AGAINST THE MOTION ON THE BASIS OF THE TRAFFIC SITUATION, THE ENVIRONMENTAL SENSITIVITY, AND THE UTILITIES PROBLEM. COMMISSIONER BIRD NOTED THAT WE INHERITED SOME R-2 ZONING' ON THE BARRIER ISLAND, AND HE DOUBTED THAT TODAY WE WOULD HAVE ZONED THIS PARTICULAR PROPERTY COMMERCIAL. OBVIOUSLY WE WANT TO KEEP AS LOW A DENSITY AS WE CAN, BUT HE POINTED OUT ALL ENVIRONMENTAL CONCERNS WILL HAVE TO BE MET BY THE DEVELOPER. r -9- Rucjo 47 PACE 571 Boox 47, PAGE 5`72. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND DEFEATED 3 -To 2: COMMISSIONERS IODTKE AND BIRD VOTING IN FAVOR, AND COMMISSIONERS SCURLOCK AND FLETCHER AND CHAIRMAN LYONS VOTING IN OPPOSITION. THE BOARD RECESSED AT 9:I0 O'CLOCK P.M. AND RECONVENED AT 9:30 O'CLOCK P.M. WITH VICE CHAIRMAN WODTKE TAKING OVER FOR CHAIRMAN LYONS WHO WENT HOME ILL. COMMISSIONER SCURLOCK COMMENTED THAT HE HAS FOR ALONG TIME BEEN A SUPPORTER OF HAVING THE WEST SIDE OF AIA CLASSIFIED LD -1; HE STILL HAS A CONCERN ABOUT THE OVERALL DENSITIES ON THE BARRIER ISLAND AND WISHED TO EXPRESS THAT BEFORE WE LEFT THE NORTH BEACH AREA. ATTORNEY DOROTHY HUDSON SPOKE ON BEHALF OF THE MOORINGS, THANKING THE PLANNING DEPARTMENT FOR THEIR PATIENCE AND FAIRNESS. SHE STATED THAT THE MOORINGS SUPPORTS THE GENERAL PHILOSOPHY OF THE PLAN, WHICH IS LOW DENSITY, AND THEY ARE DEVELOPING AT 2 UNITS AN ACRE IN THEIR RESIDENTIAL ZONING, BUT HAVE TWO PROBLEMS IN THAT THEIR EXISTING CON DO - MINIMUM DEVELOPMENT WOULD BECOME NON -CONFORMING AND A FUTURE PROJECT IS COMING IN AT A HIGHER DENSITY., BUT WILL DEVELOP OUT AT TWO UNITS PER ACRE, MISS HUDSON HOPED THAT THE BOARD WOULD PUT SOMETHING IN THE PLAN WHICH WOULD SAFEGUARD EXISTING RESIDENTS AND WOULD ALLOW THE MOORINGS TO CONTINUE THE PLAN THEY HAVE HAD SINCE 1968. SHE MOTED THEIR SITE PLANS ALL HAVE BEEN SUBMITTED AND WILL BE COMING UP IN OCTOBER. ANOTHER CONCERN IS THEIR COMMERCIAL AREA BECAUSE NEIGHBOR- HOOD COMMERCIAL IS SMALLER IN SIZE AND DIFFERENT IN SCOPE, THEY ARE PLANNING RETAIL SHOPS, A DELI, ETC., AND WOULD LIKE THE AREA THEY ALWAYS HAVE HAD DESIGNATED COMMERCIAL TO BE DESIGNATED A COMMUNITY COMMERCIAL CENTER BECAUSE IT FITS ALL THE PARAMETERS. THEY ARE ALSO REQUESTING THE RESIDENTIAL MULTIPLE FAMILY BE PRESERVED. IN DISCUSSION, IT WAS NOTED THAT THERE IS PROPERTY WITHIN THE MOORINGS OVERALL DEVELOPMENT, OWNED BY DOYLE COTTON AND NOT THE MOORINGS, WHICH IS B EING REZONED TO 12 UNITS PER ACRE, IT WAS REEMPHASIZED THAT ALL THE LAND IN THE MOORINGS, AS WELL AS THE ONLY PROPERTY OWNED BY ANOTHER DEVELOPER, IS NOW IN SITE PLANS. THAT PROPERTY IS IN THE AREA PRESENTLY DESIGNATED COMMERCIAL, AND THIS COMMERCIAL AREA AMOUNTS TO ABOUT 8,8 ACRES. IT WAS FURTHER NOTED THAT THE DOARD ALREADY HAS INDICATED THEY ARE WORKING TOWARDS DOING SOMETHING ABOUT THE NON -CONFORMITY PROBLEM., AND IT WAS ALSO FELT THAT PROJECTS THAT ARE IN PROGRESS SHOULD BE ADDRESSED IPJ SOME WAY$ ADDITIONAL DISCUSSION ENSUED AS TO WHETHER TO ADDRESS THESE MATTERS SPECIFICALLY OR BY AN OVERALL POLICY, AND ATTORNEY HUDSON REQUESTED THAT THEIR REQUEST BE ADDRESSED AS SPECIFICALLY AND DE- FINITELY AS POSSIBLE$ COMMISSIONER BIRD FELT THERE SHOULD BE NO PROBLEM !'KITH SPECIFICALLY ADDRESSING LARGE PARCELS WITH PENDING PROJECTS, BUT IN REGARD TO THE GRAND -FATHERING, FELT WE MUST HAVE SOMETHING THAT IS FAIR AND APPLIES TO ALL$ ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD BY A 4 TO O VOTE, CHAIRMAN LYONS BEING ABSENT, AGREED TO AMEND THE PROPOSED LAND USE MAP TO INDICATE A 13 ACRE COMMUNITY COMMERCIAL NODE AT THE PROPER LOCATION WITHIN THE MOORINGS DEVELOPMENT$ JORGE GONZALEZ, PRESIDENT OF THE MOORINGS, THANKED THE COUNTY COMMISSION FOR THE EXCELLENT WORK THEY HAVE BEEN DOING OVER THESE MANY MONTHS, AND REITERATED THAT THE MOORINGS ENDORSES THE PLAN AND EVEN THE LD -1 DESIGNATION WHICH REPRESENTS LOW DENSITY AND PROTECTION OF THE AREA, WHICH IS WHAT THE MOORINGS HAS ATTEMPTED TO DO OVER THE LAST 14 YEARS$ GARRET BALDWIN OF INDIAN RIVER FEDERAL COMMENTED THAT THEIR FINANCIAL INVOLVEMENT WITH THE MOORINGS OVER THE YEARS HAS BEEN SUB- STANTIAL, AND THIS SEEMS A GOOD POINT FOR THEM TO EXPRESS THEIR VIEWS ON THE LAND USE PLAN. HE STATED THAT HE IS PLEASED WITH THE COM- MISSION IS DECISION TO GRANDFATHER EXISTING USES; HOWEVER, THE IN- TENTIONS OF THE COMMISSIONS AT THIS POINT HAVE NOT BEEN FINALIZED AND ACTED UPON, THE POTENTIAL DEVALUATION OF PROPERTY IS SEVERE ENOUGH THAT HE FELT THIS SHOULD BE HANDLED BY A FORMALITY RATHER THAN AN INTENTION$ IN REGARD TO THE DEVELOPMENT OF THE MOORINGS AS A FUTURE SITUATION, THERE IS NOTHING TO ASSURE THAT THEIR FUTURE PLANS AND THOSE OF OTHER PROJECT OWNERS IN STAGES OF SITE PLAN APPROVAL WOULD CONTINUE TO BE APPROVED AS THEY ARE NOW, HE REQUESTED THAT THE COMMISSION ALSO CLARIFY THIS THROUGH FORMAL ACTION, ` SEP 211981 _11— eo©�47 mcF 73 r , SEP 211981 BOOK 'ASE 574 VICE CHAIRMAN WODTKE STATED THAT THE BOARDS ATTORNEY IS GOING TO WORK ON THE APPROPRIATE WORDING TO ACCOMPLISH THESE OB- JECTIVES, BUT HE DID NOT FEEL THE BOARD COULD TAKE FORMAL ACTION AT THIS TIME COMMISSIONER FLETCHER FELT ACTION IS REQUIRED REGARDING THE LD -2 IN THE NORTH BEACH AREA MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, THAT ALL LAND ON.THE NORTH BARRIER ISLAND CLASSIFIED AS LD -2 WEST OF STATE ROAD AlA BE RECLASSIFIED TO LD -1, ROBERT SCHUMACHER CAME FORWARD REPRESENTING DELTONA CORPORATION TO SPEAK REGARDING THEIR PROPOSED DEVELOPMENT ON THE NORTH BEACH, NOTING THAT THEY ORIGINALLY BOUGHT THE OPTION WITH THE THOUGHT THAT THEY WOULD BUILD AT APPROXIMATELY S UNITS PER ACRE; THEN THE THINKING OF THE COMMISSION APPARENTLY WAS REVISED TO 6 UNITS PER ACRE, AND NOW IT APPEARS THERE IS THOUGHT OF GOING FROM 6 TO 4. HE REQUESTED THAT THE COMMISSION GIVE MORE THOUGHT ABOUT THE IMPACT OF GOING TO 4 UNITS PER ACRE, MR. SCHUMACHER STATED THAT IT IS THEIR FINDING BASED ON STUDIES, THAT IT IS NOT NECESSARILY DENSITY THAT IS THE CONTROL OF IMPACT, BUT LAND. USE ITSELF, GOING TO 4 UNITS PER ACRE PRETTY MUCH RULES OUT MULTI FAMILY, AND THEY HAVE PREPARED A GRAPH OF AVERAGE DAILY WATER USAGE WITH NUMBERS TAKEN FROM THE BARRIER ISLAND STUDY WHICH DEMONSTRATES THAT AN AVERAGE HOUSE IN INDIAN RIVER SHORES USED FOUR TIMES AS MUCH WATER AS A MULTI FAMILY UNIT, THEY HAVE THE SAME TYPE OF INFORMATION RELATING TO TRAFFIC, HE STATED THAT DELTONA CORP. HAS TRIED TO BE AS FLEXIBLE AS POSSIBLE, BUT CANNOT BUILD MULTI FAMILY AT 4 UNITS PER ACRE AND ASKS THAT THE BOARD CON- SIDER THAT LESS DENSITY IS NOT THE BEST ALTERNATIVE, ROBERT REIDER COMMENTED THAT YOU CAN HAVE CLUSTER DEVELOP- MENT AT FOUR OR 3 UNITS PER ACRE, ATTORNEY %WILLIAM STEWART CAME BEFORE THE BOARD REPRESENTING GORDON N UTT, OWNER OF PROPERTY ON STATE ROAD 610 WEST OF STATE ROAD AlA. HE FELT THAT DENSITY WEST OF AIA IS A VERY IMPORTANT CONCERN AND THATjIF IT IS DISCUSSED,SPECIFIC NOTICE SHOULD BE GIVEN SO THAT THOSE WHO ARE INTERESTED CAN SPEAK, HE BELIEVED THE PROPERTY AT THE ABOVE INTERSECTION IS PROPERLY DESIGNATED LD -2 AND ALSO THAT IF YOU ADDRESS THE COUNTY AREA WEST OF AIA AND TAKE OUT ALL THE PROPERTY THAT IS VESTED THROUGH SITE PLANS, YOU ARE REALLY AFFECTING A RATHER SMALL PORTION WITHIN THAT GEOGRAPHICAL AREA, VICE CHAIRMAN WODTKE COMMENTED THAT THE.MOTION AS STATED WAS NOT ACCEPTABLE TO HIM. THE RAMIFICATIONS OF THIS AREA WERE DISCUSSED EARLIER WHEN THE CHAIRMAN WAS PRESENT, AND HE DID NOT FEEL IT SHOULD BE VOTED ON AT THIS TIME WHEN THE CHAIRMAN HAD LEFT THE MEETING. HE NOTED THAT WE WILL HAVE TO VOTE ON THE OVERALL PLAN, AND WHILE HE WAS NOT IN FAVOR OF GOING TO LD -1 ON EVERYTHING WEST U AIA, HE DID NOT HAVE ANY PROBLEM WITH A 6 AND 4 FIGURE. WE DO NOT, HOWEVER, HAVE A 4 CATEGORY, HE BELIEVED WE CAN ACCOMPLISH THIS IN ZONING CLARIFICATION. DISCUSSION CONTINUED AS TO WHAT WITHDRAWING THE MOTION AT THIS TIME WOULD ACCOMPLISH,=AND COMMISSIONER SCURLOCK COMMENTED THAT IF HE DID WITHDRAW HIS MOTION, HE WOULD LIKE TO RESERVE THE FACT THAT WE COULD HAVE FURTHER DISCUSSION ON IT AT SOME OTHER TIME► IT WAS NOTED THAT A 2 TO 2 VOTE WOULD BE A NO VOTE, AND COMMISSIONERS SCURLOCK AND FLETCHER WITHDREW THEIR MOTION. ATTORNEY STEWART NEXT ADDRESSED THE HOSPITAL DISTRICT. HE FELT THE PLAN SHOULD BE CLARIFIED AS TO WHETHER THE HOSPITALS SO ACRES IS INCLUDED IN THE HOSPITAL NODE AND ALSO THE DIMENSIONS OF THE NODE SHOULD BE DRAWN MORE CAREFULLY. IF THE HOSPITAL PROPERTY IS NOT INCLUDED, HE URGED THAT A HOSPITAL ZONE BE CONSIDERED. PLANNING DIRECTOR REVER DID NOT BELIEVE IT WAS THE INTENTION TO INCLUDE THE HOSPITAL IN THE 130 ACRE NODE, AND THEY ARE CONSIDERING A HOSPITAL ZONE IN ADDITION TO THAT, HE DID NOT HAVE ANY PROBLEM WITH THE NODE BEING ON BOTH SIDES OF BARBER AVENUE, BUT DID NOT KNOW HOW THE PLANNING COMMISSION WOULD RESPOND TO THAT. DISCUSSION FOLLOWED AS TO DENSITY WITHIN THE NODE, WHICH AT ONE TIME WAS TO BE A MAXIMUM OF 16, AND THE FACT THAT THERE ARE PEOPLE WHO MIGHT WANT TO LIVE IPJ A NEIGHBORING ZONE FOR ACCESS REASONS, IT WAS INDICATED THAT THERE IS A NEED FOR TRANSITIONAL ZONES AND BUFFERING. SEP 211981 -13- Boa 47 PAGE 5 i 5 rl Mr,E 76 SEP 211981 THE NEXT AREA TO BE TAKEN UP WAS PROPERTY IN THE AREA OF LINDSEY ROAD AND SOUTH OF THE NORTH RELIEF CANAL WHERE THE ZONING LINE WAS MOVED DOWN FROM THE CANAL TO LINDSEY ROAD WITH THE RESULT THAT THE MD -1 BETWEEN THE FORTH RELIEF CANAL AND LINDSEY ROAD BECAME LD -1, PLANNING DIRECTOR REVER EXPLAINED THAT THE PARCEL BETWEEN LINDSEY ROAD AND THE NORTH RELIEF CANAL ORIGINALLY WAS MD -1. THERE WAS INPUT AT SOME MEETING ABOUT THIS BEING DRAWN BACK BECAUSE OF THE DENSITIES AND THE NATURE OF THE LAND, THE PLANNING DIRECTOR BELIEVED THERE MIGHT BE A REASON TO ALLOW MORE OF THE AREA TO HAVE A HIGHER DENSITY SINCE THERE MAY BE SENSITIVE PARTS OF THIS AREA WE DO NOT WANT TO DEVELOP, BUT IT COULD BE USED TO AFFORD HOUSING FOR PEOPLE CLOSE TO THE HOSPITAL, PLANNINGS FEELING WAS THAT THE CANAL PROVIDES A VERY PERMANENT AND DEFINITE DIVISION WHEREAS THE EXTENSION OF THE LINE FROM THE ROAD WAS MORE VAGUE, QUESTION AROSE ABOUT THE ENVIRONMENTALLY SENSITIVE LAND AND ALSO AS TO THE NUMBER OF ACRES THAT WOULD BE INVOLVED IN EXPANDING THIS ACREAGE TO THE NORTH TO MD -1. ATTORNEY JACKSON FELT IT WOULD INVOLVE ABOUT FIVE TRACTS OR APPROXIMATELY 640 ACRES. HE NOTED HIS CLIENT'S 57 ACRES HAS BEEN ZONED TO BE DEVELOPED AS A YACHT BASIN FOR A LONG TIME AND THE WHOLE AREA SHOULD BE CONSISTENT, IT WAS 15 UNITS PER ACRE BEFORE, AND THERE IS MXD SURROUNDING IT. DISCUSSION ENSUED AS TO HOW THE CHANGED BOUNDARIES WERE DECIDED UPON, AND CAROLYN EGGERT, CHAIRMAN OF THE PLANNING & ZONING COMMISSION, STATED THAT THEY CONSULTED THE FLOOD MAPS, AND THIS WAS NOT AN ARBITRARY DECISION, ATTORNEY BYRON COOKSEY SPOKE REPRESENTING THE LUTHERS WHO HAVE OWNED APPROXIMATELY 90 ACRES IN THIS AREA FOR OVER 50 YEARS, THEY FEEL THERE IS NO TOPOGRAPHICAL DIFFERENCE IN THIS AREA. HE NOTED THAT WHEN THE PLANNING DEPARTMENT SET UP THE PROPOSED LAND USE PLAN, IT WAS ADVERTISED FOR MD -1 TO THE NORTH RELIEF CANAL, WHICH IS THE NATURAL BARRIER; THEN A COMPROMISE WAS MADE AND THE LINE WAS PUSHED DOWN FROM THE NATURAL BARRIER, TO LINDSEY ROAD, ATTORNEY JACKSON'S CLIENTS ARE DEVELOPING THE SO-CALLED MARINA PROPERTY. ATTORNEY .JOHNSTON'S CLIENT, MR. HATALA WAS PLANNING A DEVELOPMENT Im ORIG FINAL ZONING OF 15 OW PER ACRE; IT DROPPED ftiTO 8 _14_ UNDER THE DESIGNATION ORIGINALLY ADVERTISED; AND THEN TALKING COMPROMISE, THE PLANNING AND ZONING COMMISSION PUSHED IT DOWN TO LD -1 AT 3 UNITS PER ACRE. THE LUTHERS FEEL FOR ULTIMATE USE, IT SHOULD GO TO S AND THE LINE SHOULD BE SHIFTED TO THE 'iORTH RELIEF CANAL AS THE NATURAL BARRIER BETWEEN MD -1 AND LD -1. COMMISSIONER SCURLOCK SUGGESTED LD -2 MIGHT PROVIDE SOME TRANSITION. PLANNING DIRECTOR REVER BELIEVED THE CANAL OFFERED THE MOST REASONABLE CUT OFF POINT BETWEEN TWO USES. HE EXPLAINED THAT THEIR THINKING WAS THAT THERE WAS A NEED FOR DEVELOPMENT FEATURES BECAUSE OF SENSITIVE AREAS WHICH NEED MORE FLEXIBILITY AND YOU COULD USE ZONING AS YOUR TRANSITIONAL FUNCTION RATHER THAN LAND USE. HE HAD NO PROBLEM WITH LD -2. DISCUSSION CONTINUED ON THE AREA INVOLVED, AND ENGINEER SCHMUCKER NOTED THAT THE 57 ACRES OF DEVELOPABLE PROPERTY ADJACENT TO THE CANAL IS PRESENTLY R -2B, OR S UNITS TO THE ACRE, AND THE REMAINDER OF THE ACREAGE IN QUESTION IS PRESENTLY ZONED R-3, EXCEPT FOR THE COMMERCIAL PROPERTY ALONG U.S. 1. INN ROBINSON, CONSERVATION CHAIRMAN FOR THE AUDUBON SOCIETY, STATED THAT THE MAIN REASON FOR CHANGING THE DENSITY DESIGNATION AND MOVING THE LINE DOWN IS BECAUSE OF THE FLOOD PLAIN ZONE. SHE EM- PHASIZED THAT THE PROPERTY UNDER DISCUSSION EXCEPT THAT REPRESENTED BY ATTORNEY JACKSON IS ZONED R -IA, AND THE AUDUBON SOCIETY FEELS THAT NOT ONLY SHOULD THIS REMAIN LD -1, BUT THE LD -1 SHOULD BE INCREASED TO SECTIONS 24 AND 25 BECAUSE THEY ARE IN THE 100 YEAR FLOOD ZONE ALSO. PLANNING DIRECTOR REVER DESCRIBED THE ONLY PORTION THAT IS ZONED R -IA AND FELT THE MAJOR PORTION IS AT AROUND 15 UNITS PER ACRE. HE NOTED THAT NO MATTER IF IT WAS CHANGED TO LD -1 OR LD -2, SOME COULD REMAIN R-lA. DR. HERBERT KALE MADE VARIOUS SUGGESTIONS ABOUT CHANGING DESIGNATIONS AND HAVING SOMETHING BETWEEN THE MD -1 AND THE SENSITIVE AREAS, HE ALSO EMPHASIZED THE FLOOD PLAIN AREA, CONSIDERABLE CONVERSATION ENSUED AS TO EXTENDING THE MD -1 FURTHER NORTH, KEEPING IT CLOSE TO US1 AND AWAY FROM THE RIVER, AND HAVING AN INTERIM LAND USE BETWEEN THE SENSITIVE AREAS AND WHAT COULD BE MD -1, COMMISSIONER BIRD TALKED ABOUT AN IMAGINARY LINE BISECTING SEP 211981 -15- 47 PAGE577 L- -..A BOOK 47 FACE 578 SEP 211981 DEVELOPMENT AND AGREED WITH THIS IN THEORY, BUT FELT WE MAY HAVE TO DO THIS THROUGH ZONING RATHER THAN LAND USE DESIGNATION. VICE CHAIRMAN WODTKE NOTED THAT IT IS LATE AND WE STILL HAVE TWO BASIC AREAS LEFT TO TAKE UP THIS EVENING - THE COMMERCIAL AREA ON U.S. 1 AND THE NORTH SIDE OF ROUTE 60, AND AN MXD CORRIDOR: ON S.R. 510. ATTORNEY COOKSEY REQUESTED THAT IF THESE ITEMS ARE HELD OVER THAT A TIME CERTAIN BE SET FOR THEM TO BE TAKEN UP. IT WAS DECIDED THAT THE MD -1 AREA JUST DISCUSSED WOULD BE THE FIRST ITEM ON THE AGENDA OF THE OCTOBER 5TH MEETING, AND THE OTHER ITEMS WOULD BE DISCUSSED AT THE OCTOBER 1ST MEETING AT THE COMMUNITY CENTER IN SEBASTIAN WHEN NORTH COUNTY PROPERTIES WERE DISCUSSED. REALTOR ED SCHLITT STATED THAT HE HAD A VERY SIMPLE ITEM ON TONIGHT `S AGENDA AND ASKED THAT IT BE ADDRESSED NOW, IT RELATES TO A SMALL COMMERCIAL AREA WEST OF VERO BEACH ON THE NORTH SIDE OF ROUTE 60 NEAR THE I','ESTSIDE BANK. HIS WEST BRANCH OFFICE IS LOCATED THERE AND A VACANT LOT WHERE THEY ARE PUTTING IN A SMALL OFFICE BUILDING. THAT IS ALL THE COMMERCIAL LAND THERE IS, AND THE PLANNING STAFF EARLIER INDICATED THAT WAS WHAT THE COMMERCIAL NODE WAS FOR, MR. SCHLITT DID NOT WANT TO BE LEFT IN A NON -CONFORMING CATEGORY AND NOT BE ABLE TO DO ANY EXPANSION. HIS REQUEST WAS SIMPLY THAT THE COMMERCIAL PROPERTY THAT IS ALREADY COMMERCIALLY DEVELOPED AND HAS A BUILDING PERMIT REMAIN COMMERCIAL. HE FELT IT WOULD BE BETTER JUST TO LEAVE THIS COMMERCIAL THAN PUT A NODE THERE WHICH WOULD EXPAND THE AREA. IT WAS NOTED THAT THE BOARD EARLIER IN THE EVENING HAD DISCUSSED GRANDFATHERING EXISTING COMMERCIAL, AND MR, SCHLITT STATED HE WOULD BE SATISFIED WITH THAT, NORMAN BADENHOP WISHED TO KNOW IF THE PUBLIC WILL GET ANOTHER CRACK AT THE BARRIER ISLAND ON OCTOBER 5TH, AND VICE CHAIRMAN WODTKE FELT THIS WOULD HAVE TO BE TAKEN UP WITH THE CHAIRMAN. WILLIAM CULP, WHO LIVES OFF OF RANCH ROAD, EXPRESSED CONCERN THAT THERE IS EXISTING ZONING FOR R -].E AND R -M IN THIS AREA AND THERE ALSO ARE MOBILE HOMES AND MD -1. HE WISHED TO KNOW IF HE SHOULD BE CONCERNED ABOUT THIS. VICE CHAIRMAN WODTKE EXPLAINED THAT MD -1 IS A CLASSIFICATION THAT SETS A MAXIMUM DENSITY UP TO 8 UNITS PER ACRE; IT DOES NOT GIVE ANYONE THE RIGHT TO DEVELOP AT S, BUT SAYS THERE IS AREA WITHIN THAT ZONE THAT WE FEEL COULD DEVELOP UP TO THAT. IT SETS A CAP AND LETS US LOOK TO THE FUTURE. MR. CULP ASKED IF PROPERTY OWNERS THEN COULD OBJECT THROUGH THE REGULAR ZONING PROCEDURES, AND HE WAS INFORMED THAT THEY COULD, THERE BEING NO FURTHER BUSINESS, ON LOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 11:10 O'CLOCK P. M. ATTEST: SEP 211981 -17- Booz 47 FATE 579