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HomeMy WebLinkAbout10/1/1981Thursday, October 1, 1981 The Board of County Commissioners of Indian River County, Florida, met in Special Session at the Sebastian Community Center, Central Avenue, Sebastian, Florida, on Thursday, October 1, 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 announced that it was for the purpose of considering the affect of the proposed Comprehensive Land Use Plan on specific properties in the general area between State Road 510 and the north county line. He then made a brief introductory statement, emphasizing the difference between a land use plan and zoning. Chairman Lyons explained that the various designations, such as LD -1, etc., simply indicate the maximum density which could occur in that area and do not mean that everything in that particular designation will necessarily be zoned to that level. If the density of the existing zoning exceeds the maximum density allowed, then that piece of property must be rezoned so that it does not exceed the maximum indicated. The Chairman next explained that it is not the Commission's intent to create non -conforming uses, but rather to recognize existing legal uses so that if the structure is either totally or partially destroyed, it can be rebuilt. Wording to this effect will be made a specific part of the Plan, and there also may be a reasonable allowance for expansion. 1 BOOK 47 PAGE 670 OCT 1 1981 PROPERTY IN THE FELLSMERE AREA BOOK47 The Chairman then informed those present that the Commission first will consider properties in the Fellsmere area. Commissioner Fletcher felt the basic question in Fellsmere is why is it necessary to designate what is now all agricultural land as LD -1 or RR. Planning Director Rever stated that he also had received this impression, but the problem that exists is that there are some lands that are already subdivided or under use that exceed those parameters, and the question seems to be how extensive we have to be in accommodating those lands. Mr. Rever reported that he reviewed the proposed boundaries with Fellsmere City officials and some specific suggestions were made, and they now have come up with what they feel is a feasible alternative, as follows: A strip from the north boundary of Fellsmere to Ditch 20 west of Park Lateral would be RR on both sides of SR 512; the Homewood Subdivision, which is an existing subdivision with lots smaller than one acre, would be LD -1; and an area designated by the City limits on the west and 512 on the north, approximately h mile east of 512 and down to Ditch 116 on the south, will be designated to conform to the development presently being undertaken in that area. - probably LD -2; it would be contiguous to the City. Discussion followed about accommodating development without having "warts" or uneven projections, and it was noted that Homewood is a platted, but unrecorded subdivision which is broken up into lots of varying sizes. Discussion continued as to the significance of the subdivision being unrecorded. In further discussion, the Board generally agreed that'� the proposed compromise was a good one, and Commissioner Bird noted that when he had been in this vicinity there was a group very much opposed to the Plan as proposed. He felt it would save time, if we now could hear if there is anyone still opposed to the compromise plan just presented. 2 Susie Wilson, resident and land owner of Fellsmere, came before the Board representing a group of land owners who had been very much opposed to the Land Use Plan as first presented. She stated that she was glad to hear that recognition had been made of their problems and some compromises made. She then proceeded to present their feelings about the Plan as originally designed, noting that many people bought and developed their property in this area at one unit per acre, and they do not see any need to have a buffer zone between the City and agricultural since .they have existed in this fashion for years with no problem. Mrs. Wilson went on to speak of environmentally endangered lands, the wildlife management area, and the Upper St. John's River Basin. She emphasized that they do not want to pollute the water any further and reported that she had gathered petitions with over 100 signatures stating that they want everything left agricultural. After discussions with the Planner, however, they now have agreed to go along with a plan allowing for some growth as presented by Mr. Rever. Mrs. Wilson commented that one thing that has not been touched on is the industrial area at the intersection of I-95 and SR 512, which they would like to have cut back to 25 acres and designated for commercial only. She stated that the people of Fellsmere are trying to tell the Commission that they have a beautiful rural community and they want to keep it that way. Attorney George Heath came before the Board representing Al Kahn who owns approximately 12300 acres west and south of the Homewood Subdivision and also about 300 acres in the subdivision, some in the part chosen to be designated LD -1. Attorney Health stated that his client had been under the impression that consideration would be given to designating RR from Ditch 20 down to Ditch 22 to provide a buffer zone between the LD -1 and the agricultural to the south. Mr. Kahn believes that RR would allow for a better and more appropriate development for this area. Attorney 3 Bum � � PAGE � 1 OCT 1 "` 19"81 F OCT 1 BOOK `47 Fa,F 673 Heath noted that there are people in this neighborhood building homes in the $200,000 range, and he did not feel 2h acres would be a shortage of property on which to build such a single residential unit. Attorney Heath emphasized that he has been intimately familiar with this community for a good many years and no one is trying to downgrade or in any way detract from the quality or appearance of the Fellsmere community. Attorney Heath urged that the Board give Ditch j 20 to Ditch 22 south and from the boundary line over to Park Lateral an RR designation. Mike Hagman, owner of a cattle feed lot on Ditch 20, was not in favor of putting two houses on every five acres and having residential too near agricultural, which he felt would give rise to complaints about the odors from his feed lot. Jack Powell, resident of Ditch 20, also opposed RR for this area noting that those who built $200,000 homes in this area did it for privacy and they want to keep it agricultural. Mr. Powell also expressed concern about the effect of such a designation on the water situation. Discussion continued re having further RR in this area, and Mrs. Wilson noted that quite a bit of the land in this area has been sold in tracts of 5 acres and larger, and these people are concerned. Ray Scent, local realtor, commented that if the records are checked, you will find that many of these so-called 5 acre tracts actually are 4.6 and 4.8 acres, and it may well be that you could not build on them without a variance. Discussion ensued in this regard. Attorney Health agreed that Mr. Scent is correct that in all the old tracts, they excluded the roads and ditches`"" and did not dedicate them, and, consequently, many owners in most of the areas under discussion tonight would come up slightly short of a gross 5 acres. He felt this could be covered in the zoning Code by a Special Exception which would save a lot of time and trouble for everyone. 4 Chairman Lyons felt we should make it a goal to put appropriate wording in the Plan to cover this situation as he imagined it would be true of agricultural zones throughout the county. Dave Sweitzer, resident of the east end of Ditch 17, wished to know if the land owners would be taxed according to the Land Use Plan designation. Chairman Lyons explained that whether or not someone has a bonafide agricultural use is the determining factor, and the Land Use Plan has no bearing on taxation. Motion was made by Commissioner Fletcher, seconded by Commissioner Scurlock, to accept the recommendation of the Planner on the compromise agreement that has been approved by the majority of Fellsmere owners to be adopted in the final plan and also to include in the Plan appropriate wording in regard to "five acres, more or less" so that having slightly under five acres would not require obtaining a variance in order to build. Commissioner Wodtke requested that Mrs. Wilson's group continue their study of the area south of the LD -1 and see if there is a possibility they might come up with some areas they feel would be legitimate for an RR designation. He emphasized that this designation does not necessarily mean that there will be two houses built for every five acres. The Chairman called for the question. It was voted on and carried unanimously. I-95 AND STATE ROAD 512 INTERSECTION Chairman Lyons announced that the next area to be discussed would be the intersection of I-95 and SR 512.. Planning Director Rever noted that this intersection is one of two areas in the county presently designated for major commercial and industrial and it is located at a major artery. He explained that one of the most important factors in locating industrial property is to afford adequate access for the necessary traffic to get in and out without imposing on the surrounding territory. This 5 OCT 1' 1098147 PnE 674 OCT 1 1981 47 F-Arf 675 is why the I-95 intersections were chosen for industrial designation, and the Planning Director did not feel the amount of land designated was excessive. He emphasized that even though the Industrial were to be designated in the Land Use Plan, this property could not be used as Industrial until it was zoned for that use, and the zoning process would allow the Commission to review any proposals for industrial development very closely. Mr.Rever pointed out that our present ordinance is very selective about the type of industry the county can have. We presently have in the area almost 100 acres that is zoned for some type of commercial which could include some light manufacturing uses; and the designated area was not proposed to be all industrial, but some commercial; it, therefore, could include possibly some mobile home parks, some commercial, and some industrial in a parklike atmosphere. Mr. Rever felt we want limited industry and clean industry. He commented that any industry of any size would need considerably more than 25 acres, and at this point, he was not ready to recommend anything less than the proposed 230 acres; although, he did believe -there could be a compromise between the 25 acres of commercial only the residents of Fellsmere are suggesting and the 230 acres he is discussing. Nancy Fletcher, resident of Roseland, asked what Mr. Rever meant by a major east -west artery because SR 512 ends in Fellsmere. She then discussed our need for agricultural acreage, noting that Fellsmere may well be our bread basket in the future. Mr. Rever explained that 512 is the support road and the connector to I-95. Discussion followed about where the population'„., ­-­­"` generated by the proposed industrial area would live, and Planning Director Rever noted that Vero Lake Estates contains many varying size lots. Sebastian also is a growing area, and General Development has many bats. He doubted this node would grow like the node at the 0 intersection of Route 60 and I-95, but noted there are only two locations for such nodes in the county and designating it as such will keep other things from going in there and using that land for other purposes. Mrs. Wilson noted that apparently there are 100 acres already there which are zoned commercial. She felt the people for whom she is -speaking would consider accepting 100 acres of commercial. Mrs. Wilson went on to express concern about having industry like Harris Corporation which is using 900,00 gallons of water a day and dumping their industrial waste into Turkey Creek. She feared industrial waste in their marsh area. Ray Scent, realtor, wished to discourage the idea that industry necessarily means belching smoke, and damaging things. He talked about the agricultural industry, the need for agricultural equipment, and the desirability of creating jobs for people. He felt the people in Fellsmere must recognize there is a valid reason to have a commercial -industrial node in the area. Mr. Scent went on to talk about the many small lots available in Vero Lake Estates and the fact that the previous Board had already pared down the commercial strips along 510 and 512. He emphasized there are many desirable kinds of industries and felt we could have something to support the agricultural industry in the area. In further discussion, it was noted that the new tendency for industry is to try to fit into the community and landscape, etc. Chairman Lyons asked for an indication of the Board's feelings on either staying with the proposed designation in the Land Use Plan or amending it. Commissioners Wodtke and Bird both supported the Planner's recommendations, emphasizing that we have only two I-95 intersections in the County and pointing out that the Board has taken a position on industrial waste disposal, etc., and would not approve any industry of a type and 7 ROO `� pl PA,,F676 OCT 1 � �'a�'� OCT 1 1981 BOOK quality that would not be an asset to the county. `47 PAu V 7 -7 Commissioner Scurlock agreed that we do need some industrial, but wished to find a way to reduce the overall industrial designation. Commissioner Fletcher noted there is approximately 100 acres already zoned commercial in this area. He, therefore, felt it would be reasonable, since we have the ability to change the Land Use Plan as the need presents itself and since we also have an additional 50 acre commercial node within about four miles, to make the I-95 node 150 acres. Motion was made by Commissioner Fletcher, seconded by Commissioner Scurlock, to reduce the proposed industrial and commercial node at the intersection of SR 512 and I-95 to 150 acres Commercial. Alvin Thomas of Fellsmere pointed out that there is a great need for jobs in Indian River County since the only major industry is Piper Aircraft, and people have to go to Harris Corporation or somewhere else in Brevard County, which is very expensive for them because of the cost of gas. Mr. Thomas did not want belching monsters either, but felt that a decent and clean type of -industry is needed in this county, especially for the younger generation who need jobs. He noted that the federal government wants to cut back on handouts and the people need jobs so they do not have to resort to stealing. Discussion continued in regard to reserving enough acreage to be able to cluster industrial interests in certain locations, and the opinion was expressed that the area around Fellsmere could well become a major produce center and there would be -.a need for terminals and good access to major arteries. It was pointed out that we are trying to look ahead 20 years and reserve land for future needs. A Mrs. Carl wished to know if there would be a slaughterhouse at such a node, and it was felt possibly there could be some type of farmers' market. Mrs. Carl 8 expressed great concern about the effect of the wells put in by John's Island and Indian River Shores on their grove flow wells and felt the Commission should check on this. Pat Flood, Mayor of Sebastian, informed those present that they presently have 300 some acres of industrial zoning in Sebastian and he felt the acreage in the proposed node should be reduced accordingly. Commissioner Scurlock noted the Airport property is approximately 300 undeveloped acres and he would assume more industrial acreage would be in competition with Sebastian's plans to attract light industry. Mayor Flood referred to the map and continued to point out little areas zoned for industrial and commercial. Commissioner Wodtke believed most of this would be commercial. Mayor Flood felt that industry is needed, but that 1000 acres in the north county is too much. Discussion continued. The Chairman called for the question on a 150 acre node of commercial at the intersection of I-95 and SR 512. It was voted on and carried 3 to 2 with Commissioners Wodtke and Bird voting in opposition. NODE AT THE INTERSECTION OF SR 510 AND 512 The next subject to be discussed was whether the 50 acre commercial node at the intersection of SR 510 and 512 was not bigger than necessary for that area. Planning Director Rever stated that it had been the Planning staff's recommendation to leave this as a neighborhood commercial area, and if at a future time, pressure demanded more use, then consider a larger area, but this was a compromise reached by a previous County Commission with the major land holder in the area after considerable input. Zoning Director Walker noted that there presently are about 35 acres zoned commercial in this area, and 7 B®OK 47 PnE 678 r 4 BOOK 47 mrA 0 CT .1 1981 Commissioner Wodtke explained that the previous Board went through many hearings at a time when the commercial zoning was 660' deep up and down both sides of 512 and 510. The major property owner, Mr. Ansin, finally conceded that if we left this 35 acres zoned commercial, he would agree to the rezoning of the balance of his commercial property in the area. Commissioner Fletcher did see any need for a node to exceed the existing 35 acres zoned commercial. Motion was made by Commissioner Fletcher to change the designation of the node at the intersection of SR 510 and 512 to neighborhood commercial, or 8 acres. The Motion died for lack of a second. Motion was made by Commissioner Bird, seconded by Commissioner Wodtke, that the commercial node at the intersection of SR 510 and 512 remain 50 acres as designated. Further discussion ensued as to the pros and cons in regard to limiting this node'to the 35 acres presently zoned for commercial. It was emphasized that the major owner had made a large compromise in giving up considerable commercial zoning before. The Chairman called for the question. It was voted on and carried 3 to 2 with Commissioners Fletcher and Scurlock voting in opposition. PROPERTY NORTH OF ROSELAND ROAD - WEST OF U.S.I Planning Director Rever next brought up the property in the Roseland area between the airport and the Sebastian River. The people in this area are concerned and would prefer a designation calling for one unit per acre. Staff's recommendation has been that this could be accomplished by-"' ` working through the zoning process and thereby avoid creating separate little nodules in the Land Use Plan. Mr. Rever emphasized that the intent of the Land Use Plan is to indicate general use of the land. 10 Frank Di Joia spoke for the Roseland Property Owners Association in the absence of their president and reported that they are proposing a category of one unit per acre, similar to R -1E zoning, for the three mile stretch along the river on the north of Roseland Road. The property owners prefer to have a new Comprehensive Land Use category because they believe if this is designated LD -1 at 3 units per acre, it will be easy for developers to request a change to that density. Mr. DiJoia continued that this is a very special area in the county which contains within it two parks and a lot of development with single family residences built on several acres. They also oppose the proposed MD -1 category at 8 units per acre, which they feel is too much for Roseland and would like that reduced to LD -1. There is another pocket at Sans Sebastian Springs which they would like to keep at one unit per acre because it is already developed that way. Planning Director Rever commented that while there are residences built on acreage, there also are places with smaller amounts; the LD -1 would take care of these and prevent them from becoming non -conforming. In addition, there are some recent annexations of property and some boundary lines which will be changed. Mr. Rever further pointed out that creating a new Land Use category would necessitate addressing it throughout the county which would prolong development of the Plan. Mr. DiJoia stated that 3 units per acre would allow 80 x 120' lots, which is exactly what they don't want. Discussion followed in regard to existing mobile homes in this area which would become non -conforming and are one of the reasons for the MD -1 designation. Deborah Palmer stated that she did not like what is going on here. The people have submitted what they want and they do not want 3 units per acre along the river; they do not feel it is environmentally safe and they do not want it. They live there and should be able to say what they want. She stated that she was speaking for the Roseland Property 11 sm 47 PA,^,F 6r8® ®C T X9,8 1 FF - owners as well as herself. Boa RnF 6.81 Aughton Haire, Nancy Fletcher, and John Surry agreed with Mrs. Palmer. Chairman Lyons stated that he did not have any problem with creating one more category, possibly LD -0; he believed there is a lot of evidence that the people here feel very strongly about that strip. Commissioner Bird also had no problem with the people's desires for that particular strip of land but pointed out that there is the alternative of rezoning this to R -1E rather than creating another Land Use category. Rene Van De Voorde wished to know if the area under discussion included Roseland Gardens which is residential and small lots, which he believed should be left alone. It was noted that the area being discussed is all located west of Roseland Road. Mrs. Palmer continued to argue that the Roseland Property Owners have already voted on having a new Land Use category for this area and they want it designated for one unit per acre. Motion was made by Commissioner Fletcher, seconded by Commissioner Scurlock, to create a new Land Use category - LD -0 - with a density not to exceed one unit per acre and designate the strip under discussion LD -0. Chairman Lyons believed we would have a majority vote on an LD -0 designation, but noted there are some problems involved in working out the specific legal description of the land involved. He asked if there could be a motion just indicating the Board's intent to go to LD -0 and then we could work out the specifics later. Commissioners Fletcher and Scurlock withdrew their Motion. Commissioner Wodtke stated that he was in favor of one unit per acre in this area, but not particularly happy about creating a new Land Use category. He suggested that rather than calling it LD -0, which seems to indicate 0 development, 12 that it be called RP. -1. On Motion made by Commissioner Fletcher, seconded by Commissioner Scurlock, the Board unanimously agreed to create a new Land Use category following the guidelines proposed by the Roseland Property Owners Association, to be known as RR -1; the boundaries for this designation to be defined later, and the balance of the area to remain LD -1. DANCY PROPERTY Frank Dancy next came before the Board in regard to his property which was bought as grove property 60 years ago. He noted that as urban pressures increase, his family will be forced out of the grove property, and they would like to have the Board give them an LD -1 designation rather than RR. Planning Director Rever commented that that this area now is basically grove property. The annual review would reveal when the urban pressures come along, and the designation could be changed at that time. In further discussion, other Board members assured Mr. Dancy that there will be an annual review, and as these pressures appear, they will be taken into consideration. It was noted that this property was put in the RR designation rather than left strictly agricultural because of the nearness of the residential. Mr. Meidel inquired about the boundaries of the . industrial node, and Mr. Rever stated there are no specific boundaries; this designation just puts a limitation on the amount of land authorized to be developed in that category over a period of time. MD -1 AREA IN ROSELAND Discussion ensued about changing the PAID -1 in the Roseland area to LD -1. Senior Planner Challacombe reported that the Planning staff considered the existing land uses, the existing zoning, and the existing Comprehensive Plan designations in arriving at the MD -1 designation, and approximately 20% of 13 RUGK 47 PAGE 1182 OCT 1 '1981 OCT 1 1981 BOOK 7. PACE 683 this area would become non -conforming if the MD -1 went to LD -1. Commissioner Fletcher felt that the problem is that the way it is drawn makes everything from Havenview Park to U.S.1 and south as a big MD -1, and he does not believe that is happening there. There are small pockets around, but a lot of undeveloped land. Commissioner Wodtke pointed out that this is not a zoning map; it is a land use map, and we don't want to create small areas. Mrs. Kennedy informed the Board that she felt the property where she is located between Roseland Road and the river east of U.S.1 should remain in the MD -1 designation or property owners will suffer since they have small size lots in this area. Planning Director Rever agreed, noting that Roseland Shopping Center is already there, and it would be a neighborhood center. He then discussed the hospital area around the Sebastian Medical Center and felt that the varied existing commercial activities located at the very north end of the county, which include the Sanddrift Motel, a restaurant, a bowling alley, etc., would be a compatible addition to the Hospital node, which contains 25 acres, Mr. Rever suggested that an additional 20-25 acres for tourist/commercial purposes be added and designated as a node. On Motion by Commissioner Fletcher, seconded by Commissioner Scurlock, the Board unanimously accepted the Planner's recommendation in regard to adding an additional 20-25 acres to the Hospital node for tourist/commercial purposes. INDUSTRIAL PROPERTY - WINTER BEACH Tom Barnes, Jr., came before the Board in regard to his property on South Winter Beach Road where he has approximately 175 acres - 65 acres of which is citrus grove 3a years old. He had no problem with the LD -2 for the 14 citrus grove, but by the railroad tracks, they have about 100 acres that is industrially zoned, which is being designated LD -2. Mr. Barnes informed the Board that they have a plant and two large warehouses which have been there a long time making use of the railroad spur, and they want to be sure they can stay industrial with that piece of property because they have a lot of money invested in this long established operation. Mr. Barnes expressed surprise that there was a node at North Winter Beach Road and nothing allowed for at South Winter Beach Road. Planner Challacombe stated that basically the intent of the North Winter Beach node at 50 acres was to include an existing packing house which had a light industrial use. He recommended extending the MXD to include Mr. Barne's property. Motion was made by Commissioner Fletcher, seconded by Commissioner Scurlock, to move the 50 acre industrial node at North Winter Beach Road down to South Winter Beach Road. Discussion followed as to putting packing houses in a commercial use instead of industrial, and Planning Challacombe noted that packing houses are unique. Many were here before zoning was instituted, and while they are an industrial type intensity, they also have commercial applications; in addition, there is a need to put packing houses in a situation where they can fit in an agricultural designation if necessary. He went on to discuss the high volume of truck traffic involved, and stated that what they now are proposing is allowing them as a special exception. The Chairman called for the question. It was voted on and carried unanimously. Mr. Barnes then pointed out that if the node is a 50 acre node, half of his property will be industrial and half commercial and he will have 50 acres in limbo, or in agricultural. Planner Challacombe commented that that we have been slowly taking away a lot of industrial. He, therefore, 15 R�oK 47 FAr,F684 OCT 1' 1981 OCT 1 1981 soon 417"!.Au 685 suggested, since we have an existing use, that we make Mr. Barnes' entire piece of property industrial. On Motion by Commissioner Wodtke, seconded by Commissioner Bird, Commissioner Fletcher voted in opposition, the Board by a 4 to 1 vote, agreed to reconsider the previous Motion. Discussion followed about this being existing zoning and an existing railroad spur with access to major traffic arteries. Commissioner Wodtke questioned removing 50 acres of industrial area at Durrance Road. Planner Challacombe explained that the industrial was proposed for Durrance Road before they had the MXD category. There are mobile homes and residential around this industrial classification, and in this relatively low density area, industrial really is not appropriate; so, they now are recommending removal of the industrial designation. On Motion by Commissioner Scurlock, seconded by Commissioner Wodtke, the Board unanimously approved removal. of the industrial node at Durrance Road and agreed that it should be added to the 100 acre node at the Barnes property on South Winter Beach. Road, making this a 150 industrial node. DISCUSSION RE POSSIBLE MXD ON SR 510 IN WEST WABASSO Ken Pangburn came before the Board to suggest consideration of an MXD designation for a section of SR 510 west of Wabasso Road rather than LD -2. He noted that in this area from Kings Highway to Broxton Road, you have existing businesses (a hotel, laundromat, gas station, pool hall, rooming house, etc.) that would extend beyond an area of 8 acres. Commissioner Scurlock was opposed to any additional MXD, and felt the non -conformity was covered by the Board's"`""`"" Policy statement. The Chairman agreed. It was Planning staff's recommendation that the area remain LD -2 and let the areas along SR 510 that are commercial and industrial be accommodated through the existing node rather than perpetuate a long strip of 16 commercial development. Commissioner `•7odtke pointed out that basically the county has three black communities - Oslo, Gifford and west Wabasso, and the Oslo and Gifford communities were made MXD. Commissioner Bird agreed and pointed out that the west Wabasso black community is densely populated. Planning Director Rever felt if MXD were considered for this area, the residential should be limited to whatever the abutting residential would be. Commissioner Wodtke suggested that the Board refer this matter to the Planning Department for recommendation to be brought back for the Board's consideration. The Board agreed. There being no further business, on Motion made, seconded and carried, the Board adjourned at 11:05 o'clock P.M. Attest: Clerk 17 OCT 1 1981 6,0 Chair4 h s' LOOK 7 �'Arr 68 6