HomeMy WebLinkAbout4/18/1984Wednesday, April 18, 1984
The Board of County Commissioners of Indian River
County, Florida, met in Regular Session at the County
Commission Chambers, 1840 25th Street, Vero Beach, Florida,
on Wednesday, April 18, 1984, at 9:00 o'clock, A.M.
Present were Patrick B. Lyons, Vice Chairman; Richard N.
Bird; and William C. Wodtke, Jr. Chairman Don C. Scurlock
was outofstate on county business and Margaret C. Bowman
was absent due to illness. Also present were L.S. "Tommy"
Thomas, Director of General Services; Assistant County
Attorney, Chris Paull; and Barbara Bonnah,'Deputy Clerk.
Vice Chairman Lyons called the meeting to order.
Reverend David C. Lord, Trinity Episcopal Church, gave
the invocation and Commissioner Wodtke led the Pledge of
Allegiance to the Flag.
ADDITIONS TO,THE,AGENDA
Vice Chairman Lyons requested the addition to today's
agenda of a meeting of the South County Fire Board.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (3-0), Chairman Scurlock -and
APPROVAL OF MINUTES
Vice Chairman Lyons asked if there were any additions
or corrections to the Minutes of the Special Meeting of
4/4/84. There were none.
y
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board,
unanimously (3-0) approved the Minutes of the
Special Meeting of 4/4/84, as written.
CLERK TO THE BOARD
A Pistol Permit Renewals
The Board reviewed the following memo dated 4/9/84:
TO: THE HONORABLE MEMBERS of *DATE: - ikpr i 1 9, 1984 FILE:
THE BOARD OF COUNTY COMMISSIONERS
FROM: Michael Wright
County Administrator -
SUBJECT: PISTOL PERMIT RENEWALS
REFERENCES:
The following persons have applied for pistol permit renewals
through the Clerk's Office:
Hugo Ernest-Suhr, Jr.
Robert Allen England
All requirements of Ordinance 82-27 have been met and are in
order.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the
Board unanimously (3-0) approved pistol
permit renewals for the following persons:
Hugo Ernest Suhr, Jr.
Robert Allen England
2
11
CONSENT AGENDA
Commissioner Wodtke requested the removal of Item F
from the Consent Agenda at this time.
A. Report
Received and placed on file in the Office of the Clerk:
Traffic Violation Bureau - Special Trust Fund
Month of March, 1984 -- $43,031.13
Traffic Violations by Name, March, 1984
B. Budget Amendment - Reconditioned Recorder for Courtroom
The Board reviewed the following memo dated 4/5/84:
TO: Board of County Commissioners DATE: April 5, 1984 FILE:
SUBJECT: Reconditioned recorder for
Courtroom C
FROM-: Jeffrey K. Barton, REFERENCES:
OMB Director
Per the attached letters, the Judges and the Clerk are requesting funds to be allocated
for the,.purchase of a reconditioned recorder for Courtroom C.
The budget amendment needed would be as follows:
Account Title Account No, Increase Decrease
Office Furn & Equip 001-901-516-66.41 4,760
Reserve for Contingency 001-199-513-99.91 4.760
Balance in Reserve
$256,541 as of 3/31/84
ON MOTION by Commissioner Wodtke' ,
SECONDED by Commissioner Bird, the Board
unanimously (3-0) approved the above
budget amendment, as recommended by OMB
Director Jeff Barton.
BOOK 56 PACE 735
JZP
tr
a
wed
7
r
SUBJECT: Reconditioned recorder for
Courtroom C
FROM-: Jeffrey K. Barton, REFERENCES:
OMB Director
Per the attached letters, the Judges and the Clerk are requesting funds to be allocated
for the,.purchase of a reconditioned recorder for Courtroom C.
The budget amendment needed would be as follows:
Account Title Account No, Increase Decrease
Office Furn & Equip 001-901-516-66.41 4,760
Reserve for Contingency 001-199-513-99.91 4.760
Balance in Reserve
$256,541 as of 3/31/84
ON MOTION by Commissioner Wodtke' ,
SECONDED by Commissioner Bird, the Board
unanimously (3-0) approved the above
budget amendment, as recommended by OMB
Director Jeff Barton.
BOOK 56 PACE 735
APR 18 1984
BOOK 56_ PACE 736
C. Budget Amendment - Disaster Preparedness Funds
The Board reviewed the following memo dated 4/9/84:
TO: Board of County Commissioners DATE: April 9, 1984 FILE:
.00
SUBJECT: Disaster Preparedness Funds
FROM: Jeffrey K. Barton, REFERENCES:
Management and Budget Director
The following budget amendment is to allocate the revenues and expenses for the funds
received from FP&L for the second quarter of 1884. ( see attached)
Account Title Account No. rncrease Decrease
Disaster Preparedness 001-:000,342-41.00 5,498
Other Promotional Exp. 001-208-52534.82 5,498
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (3-0) approved the above budget
amendment as recommended by OMB Director
Jeff Barton.
4
D. Budget Amendment - School Board Summer Recreation
Program
The Board reviewed the following memo dated 4/11/84:
TO: Board of County Commissioners DATE: April 11, 1984 FILE:
N�3�
66
FROM: Jeffrey K, Barton,
Management and Budget
SUBJECT: TRC School Board Summer Recreation
Program
REFERENCES:
The following budget amendment is for the IRC School Board Summer Recreation Program
for 1983. The funds were budgeted in FY 82-83, but were not invoiced by the end of
the fiscal year, Because of this, cash. forward was greater than anticipated: This
budget amendment is to make the payment to the IRC School Board for the Summer 19P3
program and keep the funding current,
Account Title Account No. Increase Decrease
Cash Forward Oct 1st 001-000,389-40,00 23,835
IRC School Board 001-108�572n88.33 23,835
ON MOTION bx_Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (3-0) approved the above budget
amendment, as recommended by OMB Director
Jeff Barton.
5
pBOOK 56 PACE 73 7
APR, _ 18 1,984
�-
APR 18 1984 900K 6 PACE i38 :
E. Resolution Accepting Certain Drainage Easements within
Sun Villa West and Glenwood Subdivisions
The Board reviewed the following memo dated 4/11/84:
TO: The Honorable Mem.�ers of DATE: April 11, 1984 FILE:
the Board of County Commissioners
THROUGH: Michael Wright,
County Administrator
SUBJECT: Acceptance of Easements Between
8th Street and 12th.Street, East
of 35th Avenue
FROM: James W. Davis, P.E. REFERENCES:
Public Works Directo
DESCRIPTION AND CONDITIONS
Due to major flooding East of 43rd -Avenue along the 12th
Street Sublateral Canal, the County Road and Bridge Department
and the Indian River Farms Water Management District are
cooperatively planning to improve both secondary drainage swales
and sublateral canal characteristics. To accomplish this work,
the staff recommends acceptance of the privately dedicated
easements described in the attached resolution.
RECOMMENDATIONS AND FUNDING
Staff -recommends acceptance. There are no funding consideration.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (3-0) adopted Resolution 84-27
providing for the acceptance of certain
drainage easements within Sun Villa West and
Glenwood Subdivisions. -
6
RE80LUTION NO. 84- 27
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF.INDIAN RIVER COUNTY, FLORIDA ACCEPTING DEDICATION
OF CERTAIN DRAINAGE EASEMENTS WITHIN SUN VILLA WEST
AND`GLENWOOD SUBDIVISIONS.
WHEREAS, on May 10, 1980, the County officially
approved for recordation the plat of Glenwood Subdivision; and
WHEREAS, on November 8, 1973, the County officially
approved for recordation the plat of Sun Villa West Subdivision;
and
WHEREAS, each plat established and dedicated certain
'9
easements for the use of the property owners -within the
subdivision with the understanding that the easements would not be
dedicated to the public, nor maintained by the County, until there
was a formal acceptance by the County of the easements, or any
part thereof; and
WHEREAS, after examination and review by the Public
Works Department of certain drainage limitations of the County's
drainage system within this area, the County has determined that
the acceptance, use, improvement, and maintenance of certain of
theseestablished easements would enhance the ability of the
County to drain properties in the area and would better serve the
public's interest; and
WHEREAS, any acceptance stated below shall be
considered to constitute an express revocation of any waiver which
may expressly or impliedly have been made to date with respect to
the plat dedications.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. The foregoing recitals are affirmed in their
entirety.
2. Indian River County hereby formally accepts itself,
successors or assigns for all proper purposes, including but not
limited to the use, improvement, and maintenance as a public storm
water drainage facility, the following easements:
a) That certain fifteen foot drainage easement lying
within the east fifteen feet of lots 7 through 12, and running the
3
APR 18 1984 BOOK 56 PAGEMd
APR 18 1984 BOOK 56 PACE 74q
full length north to south of the subdivided property, as shown on
the plat of Glenwood Subdivision, as recorded in Plat Book 10,
page 64, of the Pubic Records of Indian River County, Florida.
b) That certain twenty -foot drainage easement lying
within the east 20 feet of lots 7 through 12 and 14, running the
full length nortby to south of the subdivided property; together
with that certain fifteen foot drainage easement lying within the
south fifteen feet of lots 6 and 7, running the full length east
to west of the subdivided property; both as shown on the plat of
Sun Villa West Subdivision, as recorded in Plat Book 8, page 73,
of the Public Records of Indian River County, Florida.
3. Indian River County does not by this Resolution
accept the maintenance responsibility for any streets or easements
otherwise dedicated by said plats, with the acceptance of those
three easements expressly described above.
The foregoing resolution was offered by Commissioner
Wodtke who moved its adoption. The motion was seconded
by Commissioner Bird and, upon being put to a vote, the
vote was as follows:
Chairman Don
C. Scurlock, Jr.
Absent
Vice -Chairman Patrick B.
Lyons
Aye
Commissioner
Richard N.
Bird
Aye
Commissioner
Margaret C.
Bowman
Absent
Commissioner
William C.
Wodtke, Jr.
Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 18th day of April , 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
NSN
BY " .�- C
DON C. SCURL6CR, JR.
Chairman
Attest:
—L
FREDA WRIGHT
Clerk
APPROVED TO FORM
AND LEG UFFICIEN
Cb^t)f Attorney
G. Final Plat Approval for Fox Haven Subdivision _
The Board reviewed the following memo dated 4/10/84:
TO: The Honorable Members DATE: April 10, 1984 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
FINAL PLAT APPROVAL FOR
SUBJECT: FOX HAVEN SUBDIVISION
Robert M. Keaft g, CP '
Planning & Development Director
FROM: ' Clare Z. Poupard 1i1 Fox Haven
Staff Planner REFERENCES: DIS : CLARE
It is requested that the following information be given formal
consideration by the Board of County Commissioners at their
regular meeting on April 18, 1984.
DESCRIPTION AND CONDITIONS:
Fox Haven subdivision is located on the north side. of 4th
Street, approximately 1/4 -mile east of 27th Avenue. The
development has 29 lots on a 20 acre parcel of land. The
minimum lot size is 1/2 acre. The zoning classification of the
site is R-1 (6.2 dwelling units/acre). The subject property's
land use designation is LD -2 (6 dwelling units/acre). The
proposed .building density is 1.45 dwelling units/acre). The
applicant received preliminary plat approval on January 28,
1981. Three extensions of preliminary plat approval were
subsequently granted. The plat approval would have expired on
March 28, 1984, if.the applicant had not'submitted a final plat
approval application prior to that time.
ALTERNATIVES AND ANALYSIS:
The County Engineer has performed a site visit and has found
the construction...of all on-site improvements to be complete .and
correct. The final plat is in conformance with the approved
preliminary plat, and it has been reviewed and approved for
legal sufficiency by the County Attorney's Office. Al..l. County
requirements for final plat approval have been met.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
final plat approval to Fox Haven Subdivision.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, Ar the Board
unanimously (3-0) granted final plat approval
for Fox Haven Subdivision.
APR 18 1984.
BOOK 56 PAGE 742
H. Approval of out -of -County Travel for Liz Forlani
The Board reviewed the following memo dated 4/11/84:
TO: Board of County Commissione QATE: April 11, 1984 FILE:
0*
SUBJECT:
FROM:nlz�"' REFERENCES:
41Vnistrative Aide
I am requesting authorization to attend the Florida
Women in Government Conference from June 13-16, 1984 to be
held in Orlando.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissibixer Bird, the Board
unanimously (3-0) approved out -of -County
travel for the County Comm. Administrative Aide
to attend Women in Government Seminar in Orlando,
June 13-16, 1984.
F. Variance Request for Florence Acres Subdivision
The Board reviewed the following memo dated 4/9/84:
TO: DATE: FILE:
The Honorable Members April 9, 1984
of the Board of County
Commissioners
DIVISION HE'AD.CONCURRENCE: VARIANCE REQUEST FOR
SUBJECT: FLORENCE ACRES SUBDIVISION
Robert K a 1.hg. A
7CP . •
Planning & Development Director
FROM: Clare Z. Poupard d.,; REFERENCES: Florence Acres S/D
Staff Planner V DIS:CLARE
It is requested that the following information be given formal
consideration by the Board of County Commissioners at their
regular meeting on April 18, 1984
10
I�
DESCRIPTION AND CONDITIONS:
Florence Acres is a 13 lot, 9 acre subdivision. The subdivi-
sion is located on the north side of 4th Street west of 38th
Avenue. The subject property is zoned R-1 (6.2 dwelling
units/acre) and has a LD -2 land use designation (6 dwelling
units/acre). The subdivision's proposed density is 1.4 dwell-
ing units/acre.
Florence Acres received preliminary plat approval from the
Board of County Commissioners on May 5, 1982. According to
Section A(3)(g) of the County's Subdivision Ordinance 75-3.
"(g) The following limitations and conditions are placed
on the preliminary plat approvals given by the Board:
(1) The approval of the Board shall have full force
and effect for a period of -18 months from the
date of approval. An extension may be granted
by the Board.
(2) If no final plat has been filed for the area
covered by the preliminary plat before the
approval period has elapsed, the approval shall
be revoked. If final plats are filed for only a
portion of the preliminary plat, the approval on
the remaining portions shall be revoked unless,
an extension of time has been granted by the
Board."
Thus, according to. the subdivision ordinance which was in
effect at the time that this plat was approved, the preliminary
plat of Florence Acres expired on November 5, 1983.
The applicant is requesting that the Board of County Commis-
sioners grant a variance from this provision of the subdivision
ordinance, thus, in effect, granting an after -the -fact exten-
sion of preliminary plat approval.
ALTERNATIVES AND ANALYSIS:
In evaluating this request, staff took two factors into consid-
eration. First, staff considered what new County Ordinances
have been adopted since the preliminary plat of Florence Acnes
was approved, enforcement of which would benefit the County.
SecW103.v- Staff considered the progress which the applicant has
mare iTi %oinp] eti ng the subdivision's improvements. Si nr7p +-hn
subject plat was approved, the County has adopted its Compre-
hensive Plan, as well as new subdivision, stormwater
management and flood protection and tree protection ordinances.
The plat conforms to the standards in the County's newly
adopted land development regulations, with one exception. The.
County's Thoroughfare Plan categorizes 4th Street as a primary
collector street. The required right-of-way width for a
primary collector street is 100'. The plat of Florence Acres
shows an existing 60' right-of-way, with an additional 10'
being dedicated at the time of final plat approval. Thus,
there is 70' of right-of-way, where 100' is needed. Staff
recommends that the applicant reserve An additional 30' of
right-of-way along the length of the development's 4th Street
frontage. This can be done without changing the size or
configuration of the lots in the subdivision. The only lot
which would be affected is Lot 1. The approved preliminary
plat shows a 50 foot building setback line along this lot's 4th
Street frontage. A 20 foot front yard setback is required in
-the R-1 zone. Thus, the applicant can change the 50 foot
building setback line to a 30 foot road right-of-way reserva-
tion and still have a 20 foot building setback as required by
the ordinance.
AFR
181984__
- p
13 c�
ROOK J6 PAGE 14J
APR 18 1984 BOOK 56 PnE-744.
The second factor which staff has considered is -the progress
which the applicant has made in completing the development.
The subdivision's interior street has been paved and drainage
swales have been installed. However, the work on the road and
drainage systems has deteriorated and will need to be upgraded.
The County Engineer has recommended that, if a variance and
time extension is granted by the Board of County Commissioners,
that a construetion schedule be established and that a 6 month
time limit be placed on the extension. Placing this strict a
time limit on the extension would grant the developer enough
time to complete the development. It would also ensure that
the County's interest was protected in not allowing an incom-
plete development to remain incomplete for a long period of
time. The applicant has agreed to this time limit.
The subdivision ordinance gives the Board of County Commission-
ers the authority to both grant subdivision variances and grant
preliminary plat approval extensions. Historically, the Board
has usually gianted one 18 month extension of plat approval
when it has been requested. As stated previously, this plat
expired on November 5, 1983. If an 18 month extension had been
granted at that time, the approval would be valid until May 5,
1985.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant a
variance from the time limit provision of the County's
Subdivision Ordinance 75-3 subject to the following conditions:.
1) that the applicant increase the road right-of-way
reservation along his 4th Street frontage by 30';
2) that the applicant develop and comply with a new
construction schedule which is approved by the County
Engineer; and
3) that the applicant submit a final plat approval
request within 6 months of the date when the variance
was granted.
Clare Poupard, Staff Planner, presented staff's
recommendation for approval of the variance request, subject
to the three conditions listed in the above memo. She noted
that the applicant was not in attendance today but was aware
of the conditions under which the variance would be granted.
Mrs. koupard advised that the County Attorney has reviewed
the variance request and recommends approval.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously (3-0) granted a variance from
the time limit provision of the County's
Subdivision Ordinance 75-3 subject to
conditions as recommended by staff.
12 _
PROCLAMATION - LAW DAY, USA _
Vice Chairman Lyons read the following proclamation
aloud and presented it to local attorneys, Elizabeth Jackson
and Debra Smith.
APR 18 1984
BOCK 56 PuE746
P
R O
C L
A M
A T I
O N ~
WHEREAS, MAY 1st
is
LAW
DAY
U.S.A.
in the United States of.
America; and s
WHEREAS, the foundation of individual freedom and liberty
is the body of the law that governs us; and
WHEREAS, The Constitution of the United States of America,
and the Bill of Rights, are the heart of that body of law which
guarantees us many freedoms - including, among others, freedom of
religious belief, freedom to hold property, freedom of assembly,
freedom of speech, freedom of press, freedom of petition, and
due process of law; and
WHEREAS, this year marks the 27th annual nationwide,
observance of LAW DAY, and the Congress of the United States and
the President by official proclamation have set aside May 1st as
a special day for recognition of the place of law in American
life;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that MAY 1, 1984 be
designated as LAW DAY U.S.A. and call upon all citizens, schools,
businesses, clubs and the news media to commemorate the role of
law in our lives.
ATTEST:
Freda Wright, Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY_
Don C. Scurlock, Jr.
Chairman
14
PROCLAMATION - VOLUNTEER WEER
Vice Chairman Lyons read the following proclamation
aloud and presented it to Peter Vallone, who announced that
the Indian River Community Services Council will select a
Volunteer of the Year on May 10th at ceremonies to be held
at Dodger Pines from noon to 2:00 'clock P.M. Applications
arebeng accepted now from the various community agencies
throughout the County.
Or
1'5
90014
56
PAGE 747
APR 18 1994
P R O C L A M A T I O N
BOOK 56 PAGE 74.8
WHEREAS, each year many citizens of our state and nation
volunteer countless hours of service in order to help others; and
WHEREAS, these VOLUNTEERS work to build strong community
organizations to promote issues in the public interest and to
help their fellow citizens in need; and
WHEREAS, VOLUNTEERS come from every age group from youth to
senior citizens and from all walks of life; VOLUNTEERS give
assistance in countless ways, such as, hospital candy -stripers,
crisis clinic intervention counselors, tutors, foster parents,
community food bank workers and a multitude of other avocations;
and
WHEREAS, volunteering plays a vital role in any community,
with neighbors showing their concern for one another -- both
friends and strangers alike; and
WHEREAS, it is important for all of us to recognize our
responsibilities in these difficult but temporary times and to
follow the example of VOLUNTEERS by giving of ourselves for the
betterment of all; and
WHEREAS, those VOLUNTEERS, who unselfishly give of their
time and of themselves in order to improve the quality of life
for all, deserve special recognition;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of
MAY 6th - 13th, 1984 be designated as
VOLUNTEER WEEK
in Indian River County, Florida, and invites all citizens to
honor and to emulate the fine individuals who help their
communities by opening up their hearts.
ATTEST:
BY �-P)h-4 'C!544
Freda Wright, Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY C
Don C. Scurlock, Jr
Chairman
16
I
PUBLIC HEARING = NEWMAN REQUEST TO REDESIGNATE 80 ACRES FROM_
AGRICULTURAL TO RURAL RESIDENTIAL 2
The hour of 9:15 a.m. having passed, the Deputy Clerk
read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
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 daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
✓Y1 L
a
in !hn .....4—
in the Court, was pub-
lished in said newspaper in the issues of //lary
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beech, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first'pilti(jcation of the attached copy of
advertisement; 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
advertisement for publication in the said newspaper.
Sworn to and subscribed Wore rAthiF?--#---//— day of A.D. 19
Manager)
(SEAL) (Clerk of the Circuit C06rt, In i�i River County, Florida)
NOTICE — PUBLIC HEARING
TO AMEND THE COMPREHENSIVE
LAND USE PLAN
Notice of hearing to consider the adoption ofd
a County Ordinance to amend the Comprehen_
sire Plan by redesignating land from:
AG, "Agricultural" to RR -2, "Rural Real-
dential 2." The sublect property pre -
Sanity
Iiowned s iocatad oonn the coTrus-
We.
82nd Avenue S.W.. and Sth Street, S.W.,
south of 1st Street, S.W.
The subject property is desoribed as:
Tract 1 and 8, less the East 40 feet of
each tract for road right-of-way, Section
23. Township 33 South, Range 38 East.
according to the last general plat of
lands of the Indian River Farms Compa.
ny, filed in the ohioe of the Clerk of'the.
Circuit Court of St. Lucie Couny,;Fku
Ida in Piet Book 2, Page : said land
now lying and being In Indian. R=
es,
Flcrlda. �>.
A public hearing at whioh parties In interest
and Citizens Shall have an opportunity to be
heard. will be held by the Board of County Com-,
miasioners of Indian River County Florida, In the;
County Commission Chambers of the Countyi
Administration Building, located at 1840 With
Street, Vero Beach, Florida, on Wednesday, Apra
18, 1984, at 9:15 A.M.
If any person decides to appeal any decision
made on the above matter, he/she will need a
record of the proceedings, and for such pur-
poses, he/she may need to ensure that a verba-
tim record of the proceedings is made, which in.
cludes testimony and evidence upon whish Me
appeal is basad
Indian River Count'
Board of County Commissioners
By: -s -Don C. Scurlock dr.
Chairman
Mar. 30, Apr. 11, 1984.
Vice Chairman Lyons asked if the applicant or his
attorney had any objections to the appeal being heard before
a Commission with only three members present, and if they
would prefer to have it heard before a larger Commission at
a later date. There was no objection raised.
The Board reviewed the following memo dated 3/12/84:
17
APR 18 1984
_. BOOK 56 PAGE 749
F . __
BOOK 56 PAGE 750
4
TO: The i:oncrable Members DATE:March 12, 1984 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
4--:2f%--� SUBJECT:
Robert M. Keating,. AICP
Planning & Development Director
FROM: Richard Shearer, AICP REFERENCES:
Chief, Long -Range Planning
NE:aMAN REQUEST TO
REDESIGNATE 80
ACRES FROM AG,
AGRICULTURAL, TO
RR -2, RURAL
RESIDENTIAL 2
Newman CPA
CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of April 18, 1984.
DESCRIPTION & CONDITIONS
The applicant, Ralph Evans, an agent for Robert Newman,
Trustee, is requesting to amend the Comprehensive Plan by
redesignating 80 acres located on the west side of._Ranch Road
(82nd Avenue) and south of R. D. Carter Road (1st Street, S.W.)
from AG, Agricultural (up to .2 units/acre), to RR -2, Rural
Residential 2 (up to 1 unit/acre).
The applicant proposes to develop this property as a single-
family subdivision.
On March 8, 1984, the Planning and Zoning Commission voted
4 -to -1 to recommend that this request be denied.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the
application will•be presented. The analysis will include a
description of the current and future land uses of the site and
surrounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on
environmental quality. -
Existing Land Use Pattern
The subject property is currently being used as a citrus grove
and is zoned A, Agricultural District. West of the subject
property is the Aerodrome Subdivision, a single-family
subdivision which is zoned A, Agricultural and situated around
an aircraft runway. West of the Aerodrome Subdivision is a
citrus grove and I-95. North of the subject property, across
Carter Road, is a citrus grove. The land east of the subject
property, across 82nd Avenue, is pasture land. South of the
subject property, across Rebel Road, is undeveloped land.
18
Future Land Use Pattern
The Comprehensive Plan designates the subject property and all
of the land around it as AG, Agricultural (up to .2
units/acre). The land, one mile north of the subject property
is designated as MD -1, Medium -Density Residential 1 (up to.8
units/acre). Two miles east of the subject property is land
designated as RR -1, Rural Residential 1 (up to .4 units/acre).
The Oslo Road and 74th Avenue commercial/industrial node is
approximately one mile southeast of the subject property
(one-half mile south and one-half mile east).
The Comprehensive Plan states that one of the most serious
problems facing the County is -scattered housing subdivisions
that deplete the best.agricultural lands and require extension
of expensive community facilities and services to meet
residential needs. Because of -this problem, the Plan contains
an Agricultural land use designation to enhance the viability
of the County's agricultural economy, preserve prime
agricultural lands, and prevent urban sprawl and scattered
residential subdivisions throughout the traditionally
agricultural areas of the County which are not adjacent to
urban development.
The RR -2, Rural Residential 2 (up to 1 unit/acre), land use
designation that the applicant is requesting was designed to
provide limited residential uses, but also to protect agricul-
tural lands which are under development pressure. The subject
property does not appear to be under development pressure since
all of the property around it is zoned Agricultural and is
devoted to agricultural uses (except for the Aerodrome Subdi-
vision which contains single-family residences). In addition,.
none of the land around the subject property has a"land use
designation other that. Agricultural. For these reasons, the AG
land use designation seems to -be appropriate for the subject
property.
Transportation Svstem
The subject property has direct access to Ranch Road
(classified as a Primary Collector on the Thoroughfare Plan),
R. D. Carter Road, and Rebel Road (classified as local
streets). Residential development of the subject property on
one acre lots would generate 800 average annual daily trips
(AADT). Residential development under the existing AG land use
designation would generate 160 AADT.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
Utilities
County water and wastewater facilities are not available for
this part of the County.
RECOMMENDATION
Based on the above analysis, including the fact that all of the
lard around the subject property is designated as Agricultural,
-and the Planning and Zoning Commission's recommendation, staff
recommends that this request to redesignate the subject property
from AG, Agricultural, to RR -2, Rural Residential 2, be denied.
18a
SPR 18 1984 soOK 56 PACE751
APR 18 1994
p00K 56 FACE 75�
Ralph Evans, attorney representing applicant Robert
Newman, presented arguments to have the Board approve his
client's request to have 80 acres redesignated from AG,
Agricultural to RR -2, Rural Residential 2 for the purpose of
building single family homes on one -acre lots. Referring to
a map of the area, he pointed out that the subject property
is presently in citrus. The property to the north is also
citrus, to the east is pasture land, to the south vacant
property, and immediately west and adjacent to the subject
property is the Aerodrome Subdivision on which single-family
homes are built on and around a runway system.
Attorney Evans then offered the following arguments to
support RR -2 as the highest and best use of the subject
property, emphasizing that one of the owners of the subject
property has extensive citrus holdings, and, therefore, he
believed this owner would have better and more expert
knowledge than staff as to what this property should best be
used for.
The primary reason Attorney Evans felt the Planning &
Zoning Commission decision should be reversed is that there
is an existing residential subdivision immediately adjacent
to the subject property, and although staff takes the
position that it is designated as agriculture, it is,
indeed, a subdivision. He noted that one of the arguments
presented against having a development of single-family,
one -acre homesites is that it would require an extension of
urban area facilities, i.e., sewer, water, police and fire
protection, -etc.; however, the people who want the Rural
Residential in order to move out of the urban area into the
country are fully aware they will have to take care of their
own sewage and provide their own water. He further pointed
out that there is a commercial/industrial node within
one-half mile of the subject property and he assumed there
would be services provided in that area to people who live
19
M
I
nearby. In addition, to the north of the property is MD -2,
Multiple Density, of 8 units per acre, and Attorney Evans
felt that if we develop MD -2 into 8 units per acre, it would
seem logical that the flow is to larger areas with fewer
homes. Besides the Agriculture designation or Rural
Residential -1, the next logical, choice would be Rural
Residential 2.
Attorney Evans stressed that his client realizes that
this property is immediately adjacent to a_flying facility,
but feels that people will live next to airports if they so
choose, just as they live next to the airport in Vero Beach.
Lastly, Attorney Evans did not think that there was anything
in the Comp Plan to prohibit the redesignation of this
property other than some rather conceptual statements for
the preservation of the best agricultural land in this
County. He emphasized that when you look at this property
in light of the facilities that are planned around it and
the residential area that is contiguous to it, it would
appear that the Planning & Zoning Commission made a mistake
in denying the request -for redesignation. Attorney Evans,
therefore, requested the Board to approve his client's
appeal of that decision.
Robert Shearer, Chief, Long Range Planning, presented
staff's recommendation, and that of the Planning & Zoning
Commission, to deny this appeal, and showed slides of the
site and a map of the land use in the area.
Mr. Shearer pointed out that while the subject property
is within a mile of the property designated as Multiple
Density 2, that MD -2 designation does not guarantee 8 units
s.
an acre. It is just a general guide which sets an upper
limit.
Mr. Shearer explained that the land use map shows the
area as a very large agricultural designation area, and if
80 acres of that is redesignated to Rural Residential 2,
20 BOOK -56 PAGE75.3
APR 18 1984 BOOK- 56` PAGE 754.-
z
there would be a small spot on the land use map which would
be surrounded by uses of lower intensity. The subject
property is surrounded on three sides by agriculture, and
the fourth side is the Aerodrome Subdivision, which has
single family homes on one acre of property. The area to
the south seems mostly undeveloped and does not seem to be
used for agricultural purposes and the area to the east
appears to be pasture.
Commissioner Wodtke explained that the airport sub-
division -was originally zoned agricultural because that was
the only zoning that would allow an airport. It is a
residential area with a pri'iate airport and a private park
which is not open to the general public.
Robert Keating, Director bf,Planning & Development,
explained that staff looks at several things in regard to
q
the Comp Plan, and staff did not find anything unique to
warrant a redesignation in this case; it is the philosophy
of the Comp Plan that extensive development or development
ofa certain density should not proceed any further out in
that area.
Commissioner Wodtke noted that the Comp Plan makes the
entire Aerodrome non -conforming, but Mr. Shearer advised
that it is non -conforming under the present zoning.
Commissioner Wodtke recalled that for the last 3 or 4 years,
there has been considerable desire on behalf of the
Aerodrome residents to try to get gravel roads surfaced and
paved. He asked if any consideration had been given to
RR -1, and Mr. Shearer did not believe that had been
discussed.
Vice Chairman Lyons opened the Public Hearing and asked
if anyone wished to be heard in this matter.
David Cairns, attorney representing the Aerodrome
Property Owners Association, advised that he is not here
today to express either approval of or objection to the
21
appeal, but mainly to caution that in the future, the
residents of Aerodrome Subdivision do not want to hear
complaints about noise and low flying planes. They wish to
go on record that the airport was there first and the reason
they located so far out was the large expanse of undeveloped
land. Attorney Evans concluded his presentation by
circulating amongst the Board members a drawing showing
flight paths directly over the subject property.
Midge Griffith, who lives on the corner of R. D. Carter
Road and Ranch Road, informed the Board that her family has
been raising cattle on that land for over 25 years, and she
objected to the redesignation of the subject property
because of the long-term effect it would have on
agricultural land in that area. She believed granting this
redesignation would have a "snowball" effect and result in
more and more requests for higher density. Mrs. Griffith
also felt that residents might complain about the noise of
cattle and horses on her ranch. While she was not against
progress, she would like to see her daughter inherit this
land and use it for cattle or horses. Mrs. Griffith further
advised that all the residents along R.D. Carter Road are
opposed to this redesignation because they do not want to
see the city moving into the country.
Jack Jiruska, resident of Aerodrome Subdivision, felt
that there has been one thing that has been missed in the
discussion re the Aerodrome and that is that by their very
nature they are zoned one unit per acre, but they have a
20 -acre runway. There are only 38 buildable lots and there
is quite a bit of open space because of their life style.
The property to the south of the subdivision has both horses
and cows on it, as does the property to the east.
Mrs. Griffith added that every time a home is build out
there, there are at least two wells dug, and she is
concerned about a higher density affecting the water table.
;.
22
APR 18
984 BOOK 56 PAGE 755
APR 18 1984 Boa 56 PAGE 756
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (3-0) closed the Public Hearing.
�s
Commissioner Bird felt that if he was the property
owner or his agent, he would probably make a strong argument
that there is residential -out there today and, therefore,
the adjoining property should be afforded the same
opportunity to develop; he felt, however, that we have to go
back to the Comprehensive Land Use Plan that was developed
over seven tough years. If this designation were changed,
we would end up with a small rectangle of residential in a
large agricultural area, and he believed that the Aerodrome
would not be allowed to develop that area into residential
if they applied under present regulations.
Commissioner Wodtke stressed that the airport is,
indeed, there and reminded the Board that last week was
"Private Property Week."
Commissioner Lyons agreed with Commissioner Bird in
regard to the Comprehensive Land Use Plan being in control.
MOTION WAS MADE by Commissioner Bird,
SECONDED by Commissioner Wodtke, that the
Board deny Robert Newman's appeal for
redesignation of 80 acres from Agricultural
to Rural Residential -2, as recommended by staff
and the Planning & Zoning Commission.
Commissioner Wodtke was not in favor of Rural
Residential -2 for that area, but thought Rural Residential -1
should be considered, as he believed there was going to be
more and more pressure in the near future for higher
density.
23
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously (3-0).
PUBLIC HEARING - FLEISCHMAN REQUEST TO REDESIGNATE ONE ACRE
FROM LOW-DENSITY RESIDENTIAL -2 TO COMMERCIAL
The hour of 9:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
-Nonce
— Pusuc HEARING
TO AMEND THE COMPREHENSIVE
LAND USE PLAN
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Notice of hearing to consider the adoption of;
a County Ordinance to amend the Comprehen-,
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
sive Pian byredesignating land from:
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
LD -2, "Low Density Residential 2" (up to
^Commercial.^
at Vero Beach in .Indian River Count Florida; that the attached co of advertisement, beim
Y PY 9
s units/acre) to The sub -
ject property presently owned by Isaiah 1
Dan Fleischman and Catherine 1.
/
�K�.�
Fleischman is located on the South side
-
a
of 9th street, S.W. (Oslo Road), 350 feet
West of Old Dixie Highway.
subject
The subject property led as
��
The East h Nortrcri
feet of the North 300 feet of
in the matter of Twit/
h of the _.
the East 330 feet of the North 141.1
Northeast 1/. of the Northeast '/. of Sao-
Sao -
tion 25. Township 33 South, Range 39
East Public Records of Indian River .:
County, Florida.
A public hearing at which parties in interestl
and citizens shall have an opportunity to be
in the Court, was pub-
heard, will be hell by the Board of County Com-
��d
missioners of Indian River County, Florida, In the
County Commission Chambers of the County
Administration Building, at 184025th
lished in said newspaper in the issues of ✓o���� , %f
�
,oatsd
Street, Veto Beach, Florida, on Wednesday.April
18, 1984, at 9:15 A.M.
If any person decides to appeal any ded
made on the above matter,,he/she will need
"
record of the proceedings, and for such puri
poses, he/she may need to ensure that a verba -4
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
tim record of the proceedings is made, which in7
cludes testimony and evidence upon which ft"
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
appeal, Is based.
been continuously published in said Indian River County, Florida, each daily and has been
Indian River County
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
Board ofCountyCommissioners
By: -s -Dan C.. Scurlock Jr.
I
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
Chairman
advertisement; and affiant further says that he has neither paid nor promised any person, firm
Mar. 30, Apr. 11, 1984. _ —I
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to b hi day
and subscr ed ore m of A.D. 19 0
n _ psiness Manager)
(SEAL)
(Clerk of the Circuit Uourt, lgbian River County, Florida)
4W
Vice Chairman Lyons asked if the applicant or his
attorney had any objections to having the appeal heard
before a Commission with only three members present, and
Attorney Michael O'Haire, representing the applicant, stated
24
BOOK 56 PAGE 757
APR 18 198
r.
APR 1 9 1994
BOOK 56 PAGE 758
that they would prefer to have this matter heard before a
larger_ Commission.
Richard Shearer, Chief, Long Range Planning, suggested
that the Public Hearing be opened so it would not have to be
re -advertised, and then tabled for a future time without
closing the public hearing. It was agreed that the Public
Hearing for the appeal would be tabled until May 2, 1984, at
9:30 o'clock A.M.
Vice Chairman Lyons opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were
none.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (3-0) tabjed the Public Hearing
for the Fleischman appeal until May 2, 1984, at
9:30 o'clock A.M.
PUBLIC HEARING - AUSTIN REQUEST TO REZONE .7 ACRES FROM'
MULTIPLE -FAMILY DISTRICT TO COMMERCIAL DISTRICT
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following -Notice with Proof of Publication
attached, to wit:
2.5
VERO BEACH PRESS -JOURNAL
Published Daily
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 daily newspaper published
at Vero BeachinIndian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of �.'G2��%f✓ .�t.�f.%/ �J"
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; 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
advertisement for publication in the said newspaper..
Sworn to and subscri be rem is day of + A.D. 19
s
1 /„ . (Business Manager)
(SEAL)
(Clerk of the Circuit Court, Irn River County, Florida)
NOTICE — PUBLIC HEARING
Notice of hearing to consider the adoption of
a County Ordinance rezoning land from:
R -2D. "Multiple -Family District" to C-1,
"Commercial District" The subject prop-
arty presently owned by Paul E. Austin is
located '/4 oras west of 58th Avenue,
north of S.R. 60.
The subject pro peAy la described or
A portion of the Southwest 'A of the
Northeast '/4 of Sefton 5. Township 33
South. Range 39 East. Indian River
County, Florida; being more particularly
described as follows:
Commence at the Southeast comer of
said Northeast '/4 of Section 5; thence
South 89°5718" West for 1326.33 feet to
the Southeast Comer of the Southwest '/4
of the Northeast +/4 of said Section 5;
thence North 00"0345" West alonthe
East line of the Southwest 'k of the
_ Northeast '/4 of said Sectiorr 5 for 171.86
feet to the Point of Beginning; thence
South 89°55'"" West along the North-
erly right-of-way tine of State Road 80 for
135.00 feet; thence North 00003'45"
West for ?29.87 feet; thence North
89°55'25" East for 135.00 feet; thence
South 00°03145" East for 229.87 feet to
the Point of Beginning and containing an
area of 0.712 Acres more or less.
A public heating at which parties in interest;
and citizens shall have an opportunity to be'
heard. will be held by the Board of County Com-;
misaloners of Indian River County, Florida. In the
County Commission Chambers of the County
Administration Building, located at 1840 25th
Street, Vero Beach, Florida, on Wednesday, April
IS, 1984, at 9:15 A.M.
If any person decides to appeal any decision)
made on the above matter, he/she will need a
record of the proceedings, and for such put
poses, he/she may need to ensure that a verba-
tim record of the proceedings is made, which in=
cludes testimony and evidence upon which tile;
appeal is based.
Indian River County
Board of County Commiselonere
By: -s -Don C. Scurlock Jr.
Chairman
Mar. 30, Apr. 11, 1984.
Vice Chairman Lyons -asked if the applicant had any
objections to this request being heard before a Commission
of three. There were none.
The Board reviewed the following memo dated 3/12/84:
TO: The Honorable Members DATE: March 12, 1984 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE: PAUL E. AUSTIN REQUEST TO
REZONE APPROXIMATELY .7
SUBJECT: ACRES FROM R -2D, MULTIPLE-
/ � t I' a I FAMILY DISTRICT, TO C-1,
Robert M. Ke t ng,' ZCP COMMERCIAL DISTRICT
Planning & Development Director •
owl
FROKRichard shearer, AICP REFERENCES: P. E. Austin
Chief, Long -Range Planning DIS:RICH
_It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of April 18, 1984.
26
`' APR 1 i984 BooK` 56' *E759,
APR 1$ 1984 BOOK' PAGE
DESCRIPTION AND CONDITIONS:
The applicant, Mr. Paul E. Austin, requests to rezone approxi-
mately .7 acres located on the northside of State Road 60 and
one-fourth mile west of Kings Highway (58th Avenue) from.R-2D,
Multiple -Family District (up to 6 units/acre), to* C-1, Commer-
cial District.
The applicant proposes to use this property for retail stores.
On January 5, 1983, the Board of County Commissioners rezoned
this property (and approximately 9 acres to the north of it)
from A, Agricultural District, to R -2D. At that time, the
Planning Department felt that rezoning the subject property to
a multiple -family zoning district would provide a good land use
buffer between the existing single-family homes to the west and
the potential commercial property to the east. On October 12,
1983, the Board of County Commissioners rezoned 20 acres
immediately east of the subject property from A, Agricultural
District, to C-1.
On March 8, 1984, the Planning and Zoning Commission voted
5 -to -0 to recommend approval of this request.
ALTERNATIVES AND ANALYSIS:
In this section, an analysis of the -existing land use pattern
will be presented as well as a discussion of the future land
use as established in the land use element of the Comprehensive
Plan.
Existing Land Use Pattern:
The subject property and the property immediately north of it
are undeveloped. However, the applicant received site plan
approval for a multi -family development immediately north of
the subject property on January 26, 1984. A 36 acre parcel of
land immediately east of the subject property and west of Kings
Highway is also undeveloped. The south 20 acres of this parcel
were rezoned from A to C-1 on October 12, 1983. The north 16
acres are undeveloped.and zoned A. North of this property is
Rivera Estates, a single-family subdivision also in an A
district. Further east, across Kings Highway, is an 18.6 acre
parcel which is vacant and. zoned C-1. East of this parcel are
single-family subdivisions. The land south of the subject
property, across S.R. 60, -is undeveloped and zoned A. West of
the subject property is a narrow strip of vacant land zoned
R -2B, Multiple -Family -District (up to 8.1 units/acre). Further
west is a single-family house on a large parcel of -land and
Whistle Wood Subdivision which contains six lots at a°platted:
density of 1 unit per 1.7 acres and which is zoned R-1, Single -
Family District (up to 6.2 units/acre).
Future Land Use Pattern:
The Comprehensive Plan designates the subject property and the
lands north, south, and west of it as LD -2, Low -Density 2 (up
to 6 units/acre). The current zoning of the property, R -2D, is
in conformance with this LD -2 land use designation. The
Comprehensive Plan also designates a 140 acre commercial node
at the intersection of S.R. 60 and Kings Highway which extends
eastward to 43rd Avenue. When the 20 acre parcel of land
immediately east of the subject property was rezoned to C-1, it
was considered part of the node.
27
Presently, the node contains 14.37 acres of developed commer-
cial property, 71.99 acres of vacant land which is commercially
zoned and which should be included in the node, and 36.24 acres
of land which is zoned residential or agricultural and is
infill property which can naturally be expected to be rezoned
and developed in commercial uses in the near future. This is a
total of 122.6 acres which should be included in the node,
leaving 17.4 acres of the 140 acre node designation currently
unallocated. In addition, part of the node acreage should be
allocated to the southwest corner of the S.R. 60 and Kings
Highway intersection. The other three corners each have at
least 18 acres of allocation. All of the unallocated acreage
remaining in the node could logically be allocated to the
southwest corner of the intersection. However, one of the
provisions of the Comprehensive Plan is that commercial zoning
will be established for nodal areas based on demand and the
proximity of a particular parcel of land to the center of the
node. The southwest corner of the S.R. 60 and Kings Highway
intersection is closer to the center of the node than the
subject property, but there has been greater demand for com-
mercial zoning on the northside of S.R. 60 at the Kings Highway
intersection (the northeast and northwest corners are zoned
C-1; the southeast and southwest corners are zoned A).
At the present time, the zoning of the subject property,
multiple -family, would provide a good land use buffer between
the oten
tial commercial uses t
P o the east and the single-family
residences to the west. Rezoning the subject property to C-1
would stretch the node further to the west, encouraging strip
commercial development. However, due to the small size of the
subject property, .7 acres, it could be included in the node,
leaving 16.7 acres of land which could be allocated to the
southwest corner of S.R. 60 _and Kings Highway. In addition,
there is vacant land immediately west of the subject proPerty
which is zoned for multi -family housing that would provide a
narrow land use buffer between the subject property and the
single-family residences to the west. If the subject property
is rezoned to C-1
it should be considered der d as the
western
boundary of the node._ Any further westward expansion of the
commercial zoning wourc adversely affect the single-family
residences in the area, and it would create an incompatible
land use pattern.
Transportation Svstem:
y, The subject property has direct access to S.R. 60 (classified
as an arterial street on the Thoroughfare Plan). Commercial
development of the site could attract up to 1,158 average
annual daily trips (AADT) which would lower the level -of -
service on S.R. 60 from "B+" to "B". If developed in multi-
family housing, the subject property would generate 26 AADT.
Environment:
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
Utilities
County water and wastewater facilities are not available for
the subject property. However, County water facilities will be
available in the near future,and the applicant has applied for
a utility franchise to provide water and wastewater facilities
to this site and the approved adjacent multi -family develop-
ment.
"28
41
APR 18 1984
BOOK 56 PAGE 161
F,
RECOlv1MENDAT I ON :
Based on the above analysis, including the proximity of the
subject property to the recently rezoned commercial property,
the fact that there is unallocated commercial acreage available
in this node, the small size of the subject property, and the
Planning and -Coning Commission's recommendation, staff recom-
mends this rezoning request be approved. However, staff also
recommends that the node not be extended west of the subject
property.
Michael O'Haire, attorney representing the applicant,
noted that staff and the Planning & Zoning Commission have
recommended approval of the rezoning.
Richard Shearer, Chief, Long Range Planning, presented
staff's recommendation to rezone the property of approxi-
mately .7 acres and showed a slide of the land use map.
Based on the fact that there-i's__.an allocated acreage in that
node, staff feels that this property should be rezoned to
Commercial 1. He emphasized, however, that staff
recommends that this is as far west as this node should go.
Vice Chairman Lyons opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were
none.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously (3--0) closed the Public Hearing.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously (3-0) approved the Austin request as
recommended by staff and adopted Ordinance 84-21,
rezoning approximately .7 acres from Multiple -
Family District to Commercial District.
29
ORDINANCE NO. 84-21
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant
thereto held a public hearing in relation thereto, at which
parties in interest and citizens were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of
Indian River County, Florida, and the accompanying Zoning Map,
be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian
River County, Florida, to -wit:
A portion of the Southwest 1/4 of the Northeast 1/4 of
Section _5, Township 33 South, Range 39 East, Indian
River County, Florida, being more particularly described
as follows:
Commence at the Southeast corner of said Northeast 1/4 of
Section 5; thence South 39057116" West for 1326.33 feet
to the Southeast Corner of the Southwest 1/4 of the
Northeast 1/4 of said Section 5; thence North 00003145"
West along the East line of the Southwest 1/4 of the
Northeast 1/4 of said Section 5 for 171.86 feet to the
Point of Beginning; thence South 89°55'25" West along the
Northerly right-of-way line of State Road 60 for 135.00
feet;.thence North 00003145" West for 229.87 feet; thence
North 89°55125" East .for 135.00 feet;. thence South
00°03145" East for 229.87 feet to the Point of Beginning
and containing an area of 0.712 Acres more or less
Be changed from R -2D, "Multiple -Family" to C-1,
"Commercial District".
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 18thday of -April
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: J,.., G
DON C. S,�;IIRLOCK, JR.
Chairman
Acknowledgment by the Department.of State of the State of
Florida this 25thday of April , 1984.
Effective Date: Acknowledgment from the Department of State
"received on this 30thday of April , 1984, at2:30A.M./P.M.
and filed in the Office of the Clerk of the'Board of County
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY-
APR
UFFIC NCY_.APR 18 1984
+
BY:
4M,. ENBU G, County Attorney
BOOK 56 PAGE 763
APR 18 1904 BOOK 56' mu 764"
PUBLIC HEARING - MINNIS REQUEST TO REDESIGNATE .38 ACRES
FROM LOW-DENSITY RESIDENTIAL -1 TO COMMERCIAL
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
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 daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of A .fit
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty., Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; 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
advertisement for publication in the said newspaper.
Sworn to and subscri ed bre m i day of A.D. 19
a
4 ! / (11,Ainess Manager)
(SEAL)
(Clerk of the Circuit Court,
ian/R_yier County, Florida)
I NOTICE — PUBLIC NEARING
TO AMEND THE COMPREHENSIVE
LAND LOSE PLAN
Notice of hearing to consider the adoption of
a County Ordinance to amend the Comprehen.
sive Plan by redesignating land from:
LD -1, "Low Density Residential1" (up to
3 units/acre) to "Commercial." i;!UP
property presently owned by William
Copeland Mirinis Jr. and Sarah Yvonne
Minnie Is located on the southwest cor.
nor of 85th Street (C.R. 510Y -and 83rd
Avenue.
The subject properly Is described as:
i Lot 1, Block 3, in Colored School Sub•
division, a Subdivision of the Northeast
1/. of the Northeast % of Section 32;
iTownship 31 South, Range 39 East so -
cording to the plat thereof filed and of
record in the office of the Clark of the
Circuit Cant of Indian River County,
Florida
A public hearing at which Parties +in Interest
and Citizens shall have an opportunity to be
heard, will be hold by the Board of County Com-
missionms of Indian River County, Florida, in the
County Commission Chambers of the County
Administration Building, located at 1840 2Sth
Street, Vero Beach. Florida, on wednesday, April
118, 1984, at 9:15 A.M.
If any person derides to appeal any decision.
made on the above matter, ire/she will need a
record of the proceedings, and for such pur-
Poses, he/she may creed to ensure that a verba-
tim record of the proceedings is made. which in.
cludes testimony and evidence upon which the
appeal is based...
j Indian River County
Board of County Commissioners.
By: -s -)on C. Scurlock Jr.
Chairman
Mar. 30; Apr. 11, 1984.
Vice Chairman Lyons asked if the applicant had any
objections to this request being heard before a Commission
with only three members present. He did not.
31
L
0
The Board reviewed the following memo dated 3/12/84:
TO: The Honorable Members DATE: March 12, 1984 FILE:
of the Board of
County Commissioners MINNIS REQUEST TO
DIVISION HEAD CONCURRENCE:
SUBJECT:
Robert M. Keating, A(ICP
Planning & Development Director
REDESIGNATE .38 ACRES
FROM LD -1, TO
COMMERCIAL
s
FROM: Richard M. Shearer, AICP REFERENCES: Minnis Rec.
Chief, Long -Range Planning CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of April 18,-1984.
DESCRIPTION & CONDITIONS
The applicants, Mr. and Mrs. W. C. Minnis, the owners, are
requesting to amend the Comprehensive Plan by redesignating
approximately .38 acres located on the south side of Wabasso
Road (85th Street) and the west side of 63rd Avenue from LD -1,
Low -Density Residential 1 (up.to 3 units/acre), to Commercial.
The applicants propose to construct a convenience grocery store
on this lot.
On March 8, 1984, the Planning and Zoning Commission voted
5 -to -O to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of the current and future land .uses of the site and
surrounding areas, potential impacts on the transportation and
utility systems, -and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
The subject property is Lot 1, Block 3, of Colored School
Subdivision. All of the lots in this subdivision that have
frontage on Wabasso Road have been zoned C-1, Commercial
District, for a number of years. The land on the south side of
Wabasso Road between 62nd Avenue and 64th Avenue has traditionally
been devoted to commercial uses. The subject property is
currently vacant. North of the subject property, across
Wabasso Road, is vacant land. Further north are single-family
residences. East of the subject property, across -63rd Avenue
is the Roberson Hotel, the Friendly Kitch@h Restaurant, the
Blue Heron Bar, and the Wabasso Friendly Lodge. Further east,
across 62nd Avenue are single-family residences. South of the
subject property is a single-family house and vacant lard.
West of the subject property are two houses and a pool hall.
Further west, across 63rd Court is a vacant lot,"a mobile home,
the Bethel Food Market and Laundromat, and a gasoline service
station. West of the service station, across 64th Avenue, is a
church.
32
APR 18 1984
ROOK 56. FACE 765
I
APR 18 1984 BOOK
� ,; ;
BOOK 56� ,PAGE �66
Future Land Use Pattern
The Comprehensive Plan designates the subject property and the
property south of Wabasso Road as LD -1, Low -Density Residential
1 (up to 3 unites/acre). The land on the north side of Wabasso
Road is designated LD -2, Low -Density Residential 2 (up to 6
units/acre). However, the properties east and west of the
subject property were lawful conforming commercial uses (based
on their C-1 zoning) at the time the Comprehensive Plan was
adopted, so those commercial uses are considered in conformance
with the plan. In analyzing this request, the Planning -Depart-
ment prepared four alternatives for guiding the future land use
of the subject property.
Alternative #1: LD -1 Land Use Designation
The first alternative is to retain the present LD -1 land use
designation for the subject property. The subject property is
large enough to accommodate a single-family house. However,
the property would have to be rezoned to R-lAA, Single -Family
District (up to 2.6 units/acre), which is the most appropriate
zoning district based on the LD -1 land use designation. The
R-lAA zoning district requires a minimum 1600 square foot
house. Requiring. the applicants-tb build a 1600 square foot
house on -this -property would be unreasonable considering the
surrounding land uses.
Alternative #2: Establishing a Mixed Use District
A second alternative is establishing a Mixed Use District (M)XD)
for the subject property and the land around it. Such a
district should, at a minimum, cover the area between 62nd
Avenue and 64th Avenue, and extend 300 feet south of Wabasso
Road. The Mixed Use District designation was created to
address areas possessing a broad mixture of land uses, many of
which are incompatible with good land -use patterns and effective
transition buffers. While there is a mixture of commercial and
residential uses around the subject property, this is a relatively
small area to be designated as a Mixed Use. District.
Alternative #3: Designating the area as a Neighborhood or
"Mini" Node
Another alternative is establishing a Neighborhood or "Mini"
Node in this area to include the existing commercial properties
and the undeveloped land in between them. This designation may
be premature because the criteria for establishing Neighborhood
Nodes has not been finalized. However, this area may meet some
of the criteria that have been discussed. The existing
commercial uses and infill property include an area of less
than six acres_ and this area is at least one mile from any
other node.
Alternative #4: Designating the Subject Property as Commercial
The subject property could be designated as Commercial. While
this practice of designating small parcels of land as commercial
should not be encouraged, it would allow the applicant to
proceed with development o.'r this property- as a convenience
grocery store instead of waiting to finalize the criteria and
procedures for establishing a Neighborhood or "Mini" Node.
0
33
Transoortation Svstem
' The subject property has direct access to Wabasso Road.(classified
as an arterial street on the County's Thoroughfare Plan) and
63rd Avenue (classified as a local street). The development of
the subject property as a convenience grocery store could
attract up to 644 average annual daily trips (AADT). A single-famil
home on the subject property would produce 10 AADT.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood prone area.
Utilities
County water and wastewater facilities are not available for
the subject property.
RECOMMENDATION
Based on the above analysis, particularly the four -alternatives
evaluated, and the Planning and Zoning Commission's
recommendation, staff recommends that the subject property be
redesignated from LD -1 to Commercial. In addition, staff
recommends that the subject property and the commercial property
around it be designated as a Neighborhood or Mini Node after--
the
fterthe criteria and procedures for establishing such nodes are
completed.
Richard Shearer, Chief, Long Range Planning, presented
staff's recommendation for approval of the redesignation.
He showed a slide of the subject property and also a map of
the land use.
Vice Chairman Lyons opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were
none.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (3-0) „closed the Public Hearing.
MOTION WAS MADE by Commissioner Bird,
s�
SECONDED by Commissioner Wodtke, that the
Board approve the Minnis request as recommended
by staff, and adopt Ordinance 84-22, redesignating
.38 acres from Low -Density Residential -1 to
Commercial.
3.4
APRR 18 1984
BOOK 56 PAGE �6 i.
A
APR 18 1984
a
BOOK PAGE
Under discussion, Mr. Shearer explained that there was
still a lot of LD -1 up and down that road which will have to
be considered when we go through the Comp Plan adjustments.
The existing commercial uses have C-1 zoning and are grand-
fathered in as far as the Comp Plan is concerned. That is
part of the reason staff looked at this site because if it
was left as LD -1, it would have conforming commercial uses
on either side of it. After all procedures are worked out,
staff feels this would be appropriate place, based on the
existing uses, for a neighborhood node. There are a couple
of small parcels in there that should be added to it.
THE CHAIRMAN CALLED FOR THE QUESTION.
The -Motion was voted on and carried
unanimously (3-0).
35
4
i
ORDINA14CE NO. 84-22
WHEREAS, the Board of County Commissioners of Indian River -
County, Florida, did publish and send its Notice of Intent to
redesignate the hereinafter described property and pursuant
thereto held a public hearing in relation thereto, at which
parties in interest and citizens were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Land Use Element of the
Comprehensive Plan of Indian River County, Florida, and the
accompanying Land Use Map, be amended as follows:
1. That the Land Use Map be changed in order that the
following described property situated in Indian
River County, Florida, to -wit:
Lot 1, Block 3, in Colored School Subdivision, a Subdi-
vision of the Northeast 1/4 of the Northeast 1/4 of
Section 32, Township 31 South, Range 39 East according
to the plat thereof filed and of record in the office
of the Clerk of the Circuit Court of Indian River County,
Florida.
Be changed from LD -1, "Low Density Residential 1" to
"Commercial".
All with the meaning and intent and as set forth and
describedinsaid Land Use Element.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 18thday of April
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
ZIA
DON C. SCURLOCK, JR.
Chairman
Acknowledgment by the Department of State of the State of
Florida this 25thday of April , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 30thday of April , 1984, at2:30A.M./P.M.
and filed in the Office of the Clerk of the Board of County
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFjrCiIENCY.
/V/
BY: J
J4A M. BRA DENBURG, County Attorney
-,j
APR -18 1984 sooK
56 PAGE 769
_-I
RPR V84
BOOK 56- ry�7
FACE 1 / O
PUBLIC HEARING — ROBERSON REQUEST TO REDESIGNATE ONE ACRE
FROM LOW DENSITY RESIDENTIAL -1 TO COMMERCIAL
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
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 daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
L -
n
in the matter
in the Court, was pub-
lished in said newspaper in the issues of /O/�' �C ,_(i
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; 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
advertisement for publication in the said newspaper.
Sworn to and subscribed be re me is(r day of A.D. 19
2F (flupiness Manager)
(SEAL) (Clerk of the Circuit Court, n fan River County, Florida)
NOTICE — PUBUC HEARING
TO AMEND THE COMPREHENSIVE
LAND USE PLAN
Notice of hearing to consider the adoption of
e County Ordinance to amend the Comprehen_
sive Plan by redesignating land from:
LD -1, "Low Density Residential v, (up to
3 units/acre) to "Commercial." The sub-. .
jest property presently owned by Tommy
L. Simms and Thurman Roberson is lo-
cated on the west aide of 62nd Avenue
160 feet south of 85th Street (C.R. 510). - n;
The subject property is described as:
Lots five, Six and Seven, Block'numtfer
One, in Colored .School Subdivision. a-,
Subdivision of the Northeast 'A of the
Northwest 'b of Section 32, Township 31
South, Range 39 East according to the --
plan the of-
ficeofthe
t thereof
Clerk of the Circuit filed and of record ICourt of
Indian River County, Florida.
A public hearing at which parties In Interest
and citizens &hall have an opportunity to be
heard, will be held by the Board of County Com-
missioners of Indian River County, Florida. in the
County Commission Chambers of the County
Administration Building, located at 1840 25th
Street, Vero Beach, Florida, on Wednesday, April
18, 1984, at 9:15 A.M.
If any person decides to appeal any derision
made on the above matter, he/she will need a
record of the p►oceedings,'and for such pur-
poses, he/she may need to ensure that a verba-
tim record of the proceedings is.made, which In-
cludes testimony and evidence upon which the
appeal is based.
Indian River County
Board of County Commissioners
By: -s -Don C. Scurlock Jr.
Chairman _
Mar. 30, Apr.11, 11184. - a
Vice Chairman Lyons asked if the applicant had any
objections to this request being heard before a Commission
of three. There were none.
37
The Board reviewed the following memo dated 3/12/84:
TO: The Honorable Members DATE: March 12, 1984 FILE:
of the Board of
County Commissioners
ROBERSON REQUEST TO -
REDESIGNATE ONE ACRE
FROM LD -1, LOPS -DENSITY
DIVISION HEAD CONCURRENCISUBJ ECT: RESIDENTIAL 1, TO
COMMERCIAL
Robert M. Keati'r-ig,� A1-Q`P ,
Planning & Development Director
FROM: Richard M. Shearer AICP
REFERENCES: Roberson P&z
Chief, Long -Range Planning CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of April 18, 1984.
DESCRIPTION & CONDITIONS
The applicant, Thurman Roberson, part owner and agent for the
other owner, is requesting to amend the Comprehensive Plan by
redesignating one (1) acre located on the south side of Wabasso
Road and the west side of 62nd Avenue from LD -1, Low -Density
Residential 1 (up to 3 units/acre), to Commercial.
The applicant proposes to develop the subject property as a
parking lot to provide adequate parking for a proposed
expansion of his hotel which is on adjacent property.
On March 8, 1984, the Planning and Zoning Commission voted
5 -to -0 to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of the current and future land uses of the site and
surrounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on
environmental quality.
Existing Land Use Pattern
The subject property includes Lots 5, 6, and 7 of Block 1,
Colored School Subdivision. All of the lots in this
subdivision that have frontage on Wabasso Road have been zoned
C-1, Commercial District, for a number of years. The land on
the south side of Wabasso Road, between 62nd Avenue and 64th
Avenue, has traditionally been devoted to commercial uses. The
subject property is located 150 feet soutllfrof Wabasso. Road, is
zoned R-1, Single -Family District (up to 6.2 units/acre), and
is currently vacant. North of the subject property in a C-1
zoning district is the Wabasso Friendly Lodge. Further north,
across Wabasso Road, is vacant land and single-family
residences. West of the Friendly Lodge (northwest of the
subject property), is the Blue Heron Bar, the Friendly Kitchen
Restaurant, and the Roberson's Hotel. South and east of the
suhject property are single-family residences. Immediately
west of the subject property is a single-family residence and a
house that is an accessory structure to the Roberson Hotel.
BOOK
FACE771
APR 18 1984
APR 18 1984 BOOK
Future Land Use Pattern
56 PAGE 12`
The Comprehensive Plan designates the subject property and the
property south of Wabasso Road as LD -1, Low -Density Residential
1 (up to 3 units/acre). The land on the north side of+Wabasso
Road is. designated LD -2, Low -Density Residential 2 (up to 6
units/acre). However, the properties north and northwest of
the subject property were lawful conforming commercial uses
(based on their C-1 zoning) at the time the Comprehensive Plan
was adopted, so those commercial uses are considered in con-
formance with the plan. In analyzing this request, the Planning
Department prepared four alternatives for guiding the future
land use of the subject property.
Alternative #1: LD -1 Land Use Designation
The first alternative is to retain the present LD -1 land use
designation for the subject property. The subject property is
large enough to accommodate three single-family houses.
However, the property should be rezoned to R-lAA, Single -Family
District (up to 2.6 units/acre), which is the most appropriate
zoning district based on the LD -1 land use designation. The
R-lAA zoning district requires a minimum 16,500 square foot
lot which is larger than any of the three lots that make up the
subject property. The R-lAA zoning district also requires a
minimum 1600. -.square foot house. Requiring the applicants to
build 1600 square foot houses on this property would be un-
reasonable considering the surrounding land uses.
Alternative #2: Establishing a Mixed Use District
A second alternative is establishing a Mixed Use District (MXD)
for the subject property and the land around it. Such a
district should, at a minimum, cover the area between 63nd
Avenue and 64th Avenue, and extend 300 feet south of Wabasso
Road. The Mixed Use District designation was created to
address areas possessing a broad mixture of land uses, many of
which are incompatible with good land -use patterns and effective
transition buffers. While there is a mixture of commercial and
residential uses around the subject property, this is a relatively
small area to be designated as a Mixed Use District.
Alternative #3: Designating the area as a Neighborhood or
"Mini" Node
Another alternative is establishing a Neighborhood or "Mini"
Node in this area to include the existing commercial properties
and the undeveloped land around them. This designation may be
premature because the -criteria for establishing Neighborhood
Nodes has not been finalized. However, this area may meet some
of the criteria that have been discussed. The existing
commercial uses.and infill property include an area of less
than six acres, and this area is at least one mile from any
other node.
Alternative 44: Designating the Subject Property as Commercial
The subject property could be designated as Commercial. While
this practice of designating small parcels of land as
com.*nercial should not be encouraged, it would allow the
applicants to proceed with development of this property instead
of waiting for the finalization of Neighborhood or "Mini" Node
criteria and procedures.
39
Transportation System
The subject property has direct access to 62nd Avenue
(classified as a local street on the County's Thoroughfare
Plan). The development of the subject property in commercial
uses could attract up to 1000 average annual daily trips-
(AADT). Three single-family homes on the subject property
would produce 30 AADT.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood prone area.
Utilities
County water and wastewater facilities are not available for
the.subject property.
RECOINIMENDAT_ION
Based on the above analysis, particularly the four alternatives
evaluated, and the Planning and Zoning Commission's
recommendation, staff recommends that the subject -property be
redesignated from LD -1 to Commercial. In addition, staff
recommends that the subject property and the commercial
property around it be designated as a Neighbonccod or "Mini"
Node after the criteria and procedures for establishing such
nodes are completed.
Mr. Roberson, applicant, explained that this property
will be used for parking for the hotel and believed
Commissioner Wodtke was -aware of this -situation.
Commissioner Wodtke confirmed that there is a need for
additional parking for the Roberson Hotel, and felt that it
will very much improve the looks of the area.
Richard Shearer, Chief, Long Range Planning, presented
staff's recommendation for approval of the redesignation.
Vice Chairman Lyons asked if there were any houses in
that subdivision, and Mr. Shearer replied there were houses
on three sides of the subject property.
Commissioner Bird asked if there were any plans to go
ahead and redesignate this as a neighborktiood node and Mr.
Shearer explained that matter will be addressed at the
workshop being held tomorrow, and, hopefully, it will be
determined that we can proceed along those lines.
40
APR- tk X984 .. .
FOOK . *'56 PACE -773
APR 18 1984 Boa 56.'
PAGE7711
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (3-0) closed the Public Hearing.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (3-0) approved the Roberson request,
as recommended by staff, and adopted Ordinance
84-23 redesignating one acre from Low -Density
Residential -1 to Commercial.
41
ORDINANCE NO. 84-23
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
redesignate the hereinafter described property and pursuant
thereto held a public hearing in relation thereto, at which
parties in interest and citizens were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Land Use Element of
the Comprehensive Plan of Indian River County, Florida, and the
accompanying Land Use Map, be amended as follows:
1. That the Land Use Map be changed in order that the
following described property situated in
Indian River County, Florida, to -wit:
Lots Five, Six, and Seven, Block number One, in Colored
School Subdivision a Subdivision of the -Northeast 1/4 of
the Northwest 1/4 of Section 32, Township 31 South, Range
39 East according to the plat thereof filed and of -record
in the office of the Clerk of the Circuit Court of Indian
River County, Florida.
Be changed from LD -1, "Low Density Residential 1" to
"Commercial"
All with the meaning and intent and as set forth and
.described in said Land Use Element.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 18thday of April.
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: l
DON C. SCURLOCK, JR.
Chairman
Acknowledgment by the Department of State of the State of
Florida this 25thday of April 1984.
Effective Date: Acknowledgment from the Department of State
received on this 30thday of April, 1984, at2:30A.M./P.M. and
filed in the office of the Clerk of the BoTrd of.County
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUF5-=IENCY.
}71Pd. BRANDENBURG, County Attorney
42 ROOK 56.. PAGE 775
- . AQP R 18 li 1994
--I
rp—
APR 18 1994
BOOK 56 PAGE 776 4i.
REQUEST FOR FLORIDA LEGISLATURE RE TO CHANGE SCORING
METHODOLOGY FOR FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
General Services Director Tommy Thomas asked that this
matter be rescheduled for the next meeting as Housing
Authority Director Ed Reagan had to attend another meeting
this morning. The Commissioners agreed to the matter being
placed on the agenda of the Regular Meeting of May 2, 1984.
6
SELECTION OF CONSULTING ENGINEER FOR INDIAN RIVER BOULEVARD
SOUTHERLY EXTENSION AND 12TH STREET
The Board reviewed the following memo dated 4/11/84:
TO. The Honorable Members of DATE: April 11, 1984 FILE:
the Board of County Commissioners
THROUGH: Michael Wright,
County Administrator
SUBJECT: Selection of Consulting Engineer,
for Indian River Boulevard
Southerly Extension and 12th_StreE
FROM: James W. Davis, P.. REFERENCES:
Public Works Directo
DESCRIPTION AND CONDITIONS
The County Commission authorized the Administrator to negotiate
a contract with the No. 1 ranked firm, Kimley and Horn Associates,
Inc. for Engineering Services for the subject project.
ALTERNATIVES AND ANALYSIS
The County Administrator, County Attorney, and County Public
Works Director have met with the representatives of Kimley and
Horn Associates and present the attached agreement for the Boards
approval.
RECOMMENDATION
The Negotiating Committee unanimously recommends that the
Board of County Commissioners approve the agreement and authorize
the Chairman to execute same. A Notice to Proceed will be issued
for work to begin April 20, 1984. Funding will be from Second
Gas Tax funds as approved under the Road Improvement Program
_ recommended by the Transportation Planning Committee and approved
by the Board of County Commissioners.
43
Public Works Director Jim Davis presented the
recommendation of the Negotiating Committee to approve the
selection of the No. 1 ranked firm, Kimley and Horn
Associates, Inc. for engineering services for the subject
project.
Director Davis reviewed three changes that will be made
in the agreement with the Engineers.
Page 2
D. Sixth Avenue The sentence will end at 112,000 feet north
of 12th Street". The remaining clause will be made into:
E. All Intersecting and Connecting Roadways "All
intersecting and connecting roadways, drainage facilities
_ and appurtenant works."
Page 8
Item 3 - Second sentence will be changed to read: "Final
right-of-way maps and legal descriptions shall be submitted
to the COUNTY on or before 30 days after the County approves
preliminary engineering -phase."
Page 11
Under NOTE:, add a final sentence: "Field verification of
the contours shall be made by the Engineer."
Director Davis explained that the engineers will field
verify the aerial contours as the work progresses.
Engineer James Beindorf, in attendance today with Don
Hicks of Kimley and Horn, explained that the tremendous
amount of heavy vegetation along Indian River Boulevard will
make it extremely difficult to cut surveying lines through a
large portion of the area. They, therefore, recommend that
a line about 25 feet wide be cleared by the County along the
centerline of the road where they could put targets for
aerial work and
run benchmarks. If this were done, they
44
APR 984BOOK 56 PAGE 777
18
APR 18 1984 Bou 5,6 PAGE'778
would be able to save $15,000-$25,000,as well as a
significant amount of time. Mr. Beindorf stated that they
will have to run benchmarks in any case, and they will
verify the County aerial contours at the same time. Any
s
significant discrepancies will be reported to the County
Engineer.
Commissioner Bird asked if we will have the monies in
the Transportation Funds when it becomes necessary to pay
for this work and Director Davis stated that the money would
be there subject to the donation of the right-of-way along
the corridors. He reported that the Engineers will be
submitting a verification and -cost estimate along with a
preliminary design of the project.
Director Davis then confiYmpd that the amount of the
agreement up for approval today is $204,000, and that the
funds will come from the Second Gas Tax Account, which has a
balance of $4 -million.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (3-0) approved the Professional
Engineering Services Agreement with Kimley and
Horn Associates, Inc. for the southerly extension
of Indian River Boulevard and 12th Street,
including the three changes as agreed to this
morning, and authorized the Chairman's signature.
SAID AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK
45 E'
x
APPOINTMENT TO THE OVERALL ECONOMIC DEVELOPMENT PLAN
COMMITTEE
The Board reviewed the following memo dated 4/12/84:
TO: The Honorable -Members DATE: April 12, 198.4 FILE:
of the Board of County
Commissioners -
APPOINTMENT TO THE OVER -
SUBJECT: ALL ECONOMIC DEVELOPMENT
PLAN (OEDP) COMMITTEE
• FROM:
FERENCES:
Robert M. Keating, AIC Econ. Dev.
Planning & Development Director DIS:RMK
It is requested that the data presented herein be given
formal consideration by the Board of County Commissioners at
their meeting of April 18, 1984.
DESCRIPTION AND CONDITIONS:
Several weeks ago, the Board of County Commissioners agreed
to pursue designation of the County as a redevelopment area
under Section 401(a)(8) of the Public Works and Economic
Development Act of 1965, as amended. Such designation, which
is available to the County because of its high unemployment
rate, would qualify the County for various types of financial
assistance available from the Economic Development Agency
(EDA) .
One requirement for designation is the preparation of an
Overall Economic Development Plan (OEDP) for the County.
Prior to preparation of such a plan, however, an OEDP commit-
tee must be formed. It will be the function of this commit-
tee to work with the staff in plan preparation.
ALTERNATIVES AND ANALYSIS:
Although EDA guidelines suggest a committee of forty persons
representing various economic sectors, it is the staff's
opinion that Indian River County's OEDP Committee can be much
smaller. In forming a committee, however, at least one
person should be appointed to represent each of the following
categories:
Agricultural The Professions Minorities
Business Public Health Agencies Labor
Industry Education Indian River County
City of Vero Beach
The Unemployed
RECOMMENDATION:
The staff recommends that the Board of County Commissioners
appoint an OEDP committee with members representing the
categories referenced above.
APRT 8 1984
46
BOOK 56 wuc 779
APR 18 1984
Boo56 PAGE 786
Robert Keating, Planning & Development Director,
explained that the formation of this committee relates to
the authorization given by the Board at the meeting of
3/14/84 to proceed with activities necessary to qualify for
EDA funds. The Overall Economic Development Plan will be
developed by staff with the aid of this committee.
General Services Director Tommy Thomas advised that the
formation of this committee would enable him to apply for
grants that the County has not been able to qualify for
previously. The last time this County received a grant it
was to build the water tower in Gifford. Now, because of
the County's unemployment rate, there are some pretty
substantial grants that are available through the EDA.
Director Keating stated this will be an ad hoc
committee and will be dissolved probably in two or three
months. The number of committee meetings would be minimal.
Commissioner Lyons suggested that the Commissioners
divide up the categories and -find someone to serve in each.
Commissioner Bird recommended that the County advertise
for candidates to be considered for each category, and if
all of the categories are not filled, then the Board members
would go out and "get" volunteers.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously (3-0) authorized the formation
of an OEDP Committee; instructed staff to
prepare an advertisement or article soliciting
candidates for each of the categories; and
allowed 30 days to form the Committee.
Commissioner Bird announced that resumes will be
received for a two week period after which the Commission
47
TO:
will take another two weeks to fill any vacancies. The
entire committee will be formed in 30 days.
NORTH COUNTY AND SOUTH COUNTY FIRE DISTRICTS
The Board of County Commissioners recessed at 10:50
o'clock A.M. in order that the District Board of the North
County Fire District might convene. Those Minutes are being
prepared separately.
The Board reconvened at 11:00 o'clock-A.M. and
immediately recessed in order that the District Board of the
South County Fire District might convene. Those Minutes are
being prepared separately.
The Board of County Commissioners reconvened at 11:10
o'clock A.M. with the same members present, Commissioners
Scurlock and Bowman being absent.
DISCUSSION RE ANTI-TRUST LAWS
The Board reviewed the following memo dated 3/29/84:
FILE:
Chairman March 29, 1984
Don C. Scurlock, Jr.
Vice Chairman Patrick B. Lyons
Comm. Richard N. Bird SUBJECT:Factsheet on County
Liability under Federal
Comm. Margaret C. Bowman Anti-trust Laws
Comm. William C. Wodtke, Jr.
FROM: REFERENCES:
Gary M. Brandenburg
County Attorney
Attached please find a brief summary of legislative activity on
county liability under anti-trust laws. Please note that the
materials point out that a recent federal court awarded $28.5
million againsta county and their representatives and a city and
their representatives over a dispute involving the extension of
sewer lines. This liability is joint and several meaning that the
party awarded the judgment can pick who they desire —to collect the
judgment from and can collect it all from that one party. This is
an area of law that is sure to explode on a local government level
if the Congress does not resolve the issue soon. The effects of
48
A P R 18 1984
781
BOOK WAGE
FAI�: MGM
�y
BOOK'' 56 PAGE 782 .:
anti-trust law on county and municipal operations will be much
larger than the effect of civil rights liability under Section
1983. Currently there are between 300 to 400 anti-trust. lawsuits
pending in federal court. Many times these lawsuits result in
settlements because the municipality or county involved cannot
afford the tremendous legal expenses and potential of a triple
damage judgment.,*
The first day of the NACo seminar involved a day -long presentation
of issues involved with anti-trust law. I have also ordered a
paperback book entitled "Swords and Shields" that has been
published by the Tennessee Valley Authority with respect to the
liability of public utilities. I anticipate this will be available
in my office in the near future should you desire to delve into
this issue more deeply.
Commissioner Wodtke reported that he and the County
Attorney attended the National -Association of Counties
Conference in Washington where the key issue addressed was
county liability under federal anti-trust laws. Recently, a
private developer received a•$2-8.5 million judgment against
Lake County, Illinois, and the Village of Grayslake, along
with several local elected officials over a dispute
involving the extension of sewer lines. The Mayor of
Houston, Texas, was held liable for a comment made during
another anti-trust trial. Anti-trust laws provide for the
recovery of treble damages.
Vice Chairman Lyons recommended that the Commission
take action either through a Resolution or through
individual letters to our -congressional delegates asking
that they expedite the passage of H.R. 3361, introduced by
Representative Hamilton Fish, or perhaps another bill which
might better suit our needs, and which takes under
consideration the following three factors NACo considers
extremely important:
1) To exempt counties.f:rom anti-trust statutes with
immunity equal to that enjoyed by the states;
2) To provide immunity for all actions, governmental
and proprietary, so long as the county.government is
_ acting within state law;
3) To limit damages for those few activities which would
remain liable.
49
Im
Commissioner Wodtke noted that anti-trust lawyers are
cropping up all over the place, and county commissions and
city councils are becoming quite fearful. Scare tactics are
being used, and even if the County acts in good faith, it's
no defense anymore against the liability involved in the
anti-trust laws.
Commissioner Bird suggested that we ask the County
Attorney to research individual bills that_are presently in
process to see if any or all of these bills fit our needs.
Vice Chairman Lyons felt that the only bill that
embodied the three factors for which NACo is urging support
is the bill by Representative Fish.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bird, the Board
unanimously (3-0) requested the County
Attorney to prepare a Resolution
supporting an appropriate bill as discussed.
DISCUSSION RE INDIAN RIVER COUNTY BEING DECLARED A DISASTER
AREA DUE TO CROP LOSSES AFTER SEVERE FREEZE
The Board reviewed the following letter dated 4/4/84:
50 wK 56 PW 783
APR 18 1984
y
.e ..
r
APR 18 1984 BOOK 56
Honorable Richard Bird, Chairman
Indian River County Board of
County Commissioners
1840 -- 25th Street
Vero Beach, Florida 32960
Dear Chairman Bird:
Governor Graham received notification from United States
Secretary of Agriculture, John R. Block, that your county has
been declared a disaster area because of the substantial crop
losses caused by the severe freeze in December 1983. The
disaster designation makes Farmers Home Administration (FmHA)
emergency (EM) loan assistance available for those farmers who
suffered crop losses resulting from the freeze. Please contact
those farmers who suffered such losses and advise them to contact
the FmHA office in your area to make application for the EM low
interest loans.
Please contact me if I can be of further assistance in this
matter.
Sincerely,
Gordon L. Guthrie
Chief
General Services Director Tommy Thomas recommended
that the Board request the Agricultural Extension Agent to
advise local agriculture people that money is available for
crop losses incurred during the severe freeze in December,
1983.
J
51
M
STATE OF FLORIDA
DEPARTMENT OF
A«:
CQMMUNITY AFFAIR&����y _- -�
DIVISION OF PUBLIC SAFETY PLANNING AN�'�4S,4STANCE,
Or:'nU:,,ty .:CV.
CTHE srE
UtliitleJ
w�' _
BOB HAI ,,,
r, 7 n
Governor : `" •' • j..�
,
`
E Finance)
. -
co1
�
0+h. er '
}•1 X00
{�
wt
CmV H t9 Cn
4, 1984
O
April
Honorable Richard Bird, Chairman
Indian River County Board of
County Commissioners
1840 -- 25th Street
Vero Beach, Florida 32960
Dear Chairman Bird:
Governor Graham received notification from United States
Secretary of Agriculture, John R. Block, that your county has
been declared a disaster area because of the substantial crop
losses caused by the severe freeze in December 1983. The
disaster designation makes Farmers Home Administration (FmHA)
emergency (EM) loan assistance available for those farmers who
suffered crop losses resulting from the freeze. Please contact
those farmers who suffered such losses and advise them to contact
the FmHA office in your area to make application for the EM low
interest loans.
Please contact me if I can be of further assistance in this
matter.
Sincerely,
Gordon L. Guthrie
Chief
General Services Director Tommy Thomas recommended
that the Board request the Agricultural Extension Agent to
advise local agriculture people that money is available for
crop losses incurred during the severe freeze in December,
1983.
J
51
M
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the
Board unanimously (3-0) agreed to forward
the above letter to the County Agricultural
Extension Agent with the request that they
contact those individuals who might be
affected by the County being declared a
disaster area because of crop losses
incurred after the -severe freeze in
December, 1983, and assist them in making
whatever applications are necessary.
TRANSPORTATION PLANNING COMMITTEE REPORT
Vice Chairman Lyons gave the following summary of
actions taken at the Transportation Planning Committee
meeting of 4/10/84:
SUMMARY OF ACTIONS
TRANSPORTATION PLANNING COMMITTEE
April 10,'1984
1. Roadway Lighting Policy:
Committee approved report and procedure recommended by staff
to be used to determine need and County funding for street
lighting-.
2. Local Option Gas Tax:
Committee tabled enactment of additional gas tax indefinitely
until the effects of a new roadway impact fee ordinance are
determined.
3. Signalization - U.S. 1 at County Road 510
a
Status report was received and accepted. Signal to be installed
by October, 1984
4. Amendments to Transportation Element, Comprehensive Plan:
Committee endorsed proposed amendments to the Thoroughfare
Plan map. this item will be put on the Board agenda at a
future date for action.
APR 18 1984
52
Boa 56 PACE 785
BOOK 56; PACE 786
Vice Chairman Lyons also reported that a letter was
received from the Town of Indian River Shores stating that
John Todd has been appointed to serve on the Transportation
Planning Committee, replacing Willis W. Clark. A similar
letter was received from the City of Fellsmere stating that
Howard Ward has been appointed to the Transportation
Planning Committee, replacing Henry Marcle.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously accepted the appointments of
John Todd and Howard Ward to the Transportation
Planning Committee.
PARKS AND RECREATION COMMITTEE REPORT AND COUNTY -WIDE
RECREATION STUDY COMMITTEE REPORT
Commissioner Bird felt that he would like to reschedule
these reports for the next meeting on May 2, 1984, plus,a
report on the Golf Course Committee.
AGREEMENT BETWEEN INDIAN RIVER COUNTY AND FRIZZELL
ARCHITECTS, INC.
Vice Chairman Lyons asked if the Commission would like.
to wait until Assistant County Attorney Paull, who has been
delayed due to car trouble, arrives before considering the
proposed agreement with Frizzell Architects. The Board
decided to begin discussion.
Commissioner Wodtke questioned Article 8.1 in the Terms
and Conditions of Agreement Between Owner and Architect re
the ownership of the documents. He referred to where
"Architect" is crossed out and "County" is written in the
margin, and where "permitted to retain" is crossed out and
"given" is written in the margin. He also referred to the
53
continuation of Article 8.1 on the next page where "other
projects" is crossed out, and assumed these were lined out
and words typed in the margin at the time the contract was
signed. He did not understand the article, and asked if
this means that we own the plans and we can do with them
what we want and the architect cannot. Vice Chairman Lyons,
however, felt it was like being given the sleeves out of
your vest. The plans would be public documents and can be
given to another county, but -they, in turn, would have to
get them certified by an architect which would probably
involve professional fees. He felt that it does clear the
way for us to be able to give the plans away. He regretted
that we could not have obtained the plans free from another
municipality, but since they are not available, we must pay
for the pioneering.
Commissioner Bird brought up the possibility of working
a deal where we would receive some kind of rebate if another
county used the plans.
Additional discussion followed re the ownership stipu-
lation in the contract, and Vice Chairman Lyons pointed out
that the architect has faith that we are going to get
together and he is continuing at full steam to give us the.
set of schematicsintime for a Jail Committee meeting on
May 1, 1984, the day before the next Board meeting. He did
not think it would hurt the progress of the project if the
Board decided to wait until the ownership stipulation was
straightened out by the County Attorney before approving the
agreement.
General Services Director Tommy Thomas suggested that
the Board approve them subject to Attorney Brandenburg's
final review and stamped approval.
Commissioner Wodtke preferred to get some verification
regarding Article 8 re ownership of the plans, and Director
54 pp+
APR 18 1984
PU01( 56"PAGE 7O
x
APR 18 1984`
BOOK 56 WE -88
Thomas stated that the County Attorney indicated to him that
he was perfectly satisfied with this contract.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously (3-0) approved the Agreement
Between Indian River County and W. R. Frizzell
Architects, Inc. subject to the County Attorney's
stamped approval and receipt of the release from
PDR.
AGREEMENT AND RELEASE IS HEREBY MADE APART OF THE RECORD.
EXHIBIT "A" OF THE AGREEMENT, (STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND ARCHITECT), IS-ON.FILE IN THE OFFICE OF
THE CLERK.
55
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, INDIAN RIVER COUNTY, hereinafter referred to -
as "County," and W. R. FRIZZELL ARCHITECTS, INC., hereinafter
referred to as "Frizzell," entered into a contract dated October
:3
6, 1982, and
WHEREAS, under the terms of that agreement, Frizzell
agreed to perform certain architectural and planning functions for
the County in connection with the Indian River County Criminal
Justice Complex, and
WHEREAS, the scope of the planning study was subse-
quently expanded to include a court facilities study to be coordi-
nated with the Criminal Justice Complex Project, and
WHEREAS, the architect and their agents developed an
initial schematic design for the site which in the opinion of the
County Commission would result in too costly a project, and
WHEREAS, pursuant to the County's direction to reduce
the scope of the project and to provide a more cost effective
design, the architect produced a subsequent schematic design esti-
mated to have a construction cost of FOUR MILLION EIGHTY-THREE
THOUSAND NINE HUNDRED DOLLARS and 00/100 ($4,083,900.00). The
County reviewed and approved this design upon the recommendation
of the architect, and
WHEREAS, subsequent to approving the new design
another new design concept.was presented by Frizzell which appears
to be less costly in construction and more efficient in staffing,
hereinafter referred to as the "Pinkerton Jail," and
WHEREAS,Indian River County desires the architect to
utilize the Pinkerton Jail in Indian River County and as a result
of this decision the parties have reached an agreement with
respect to the method of calculating the appropriate fee due to
i
architect for his services under the schematic design phase pursu-
ant to the October 6, 1982 agreement.
NOW, THEREFORE, the parties agree as follows:
1. Frizzell has produced the court facilities study for
'APR 1. 8 1984
-1- am 56 PACE 789
APR 1 R 1984 Boa 56; FA6f U, .
the benefit of Indian River County at no cost to Indian River
County. Frizzell agrees not to claim any compensation whatsoever
for itself or any of its agents or employees for this study.
2. The original October 6, 1982 agreement contemplated
a much larger scope of work than that which is now desired by the
County Commission The rebate of the $40,000.00 lump sum fee for.
the Indian River County Criminal Justice Complex study was based
on a larger projected construction cost. The parties agree that
based on the scope of the Pinkerton Jail the County shall be
entitled to a rebate of one-half (1/2) the lump sum fee amounting
to $20,000.00 according to the following schedule:
Schematic Design,Phase $ 3,000.00
Design Development Phase 4,000.00
Construction Document Phase 8,000.00
Bidding Negotiation Phase 1,000.00
Construction Phase 4,000.00
TOTAL $20,000.00
Provided further, that County shall be entitled to the
remaining $20,000.00 rebate if with the same architect it proceeds
to construct what remains of the original scope of the project.
All additional work under the scope of the original project will
be credited on a pro -rata basis with the rebate.
3. The parties agree that compensation for completing
the schematic design phase of the contract with the Pinkerton Jail
concept to the satisfaction of the County Commission shall be as
follows:
a) In accordance with Article 15 of the contract,
6.784% times $4,083,900.00 equals $277,051.77 times 15% for sche-
matic design phase equals $41,557.77 (This figure is based on the
formula set forth in Article 15 of the contract based on the esti-
mated construction cost of the schematic design previously
approved by the Board of.County Commissioners.)
b) The parties agree that in accordance with Article 1
Section 1.7, Additional Services, 1.7.13, the architect is enti-
tled to the additional amount of $6,489.50.
c) The parties agree that except as set forth in 3 (a)
and (b) above, the architect is not entitled to any other compen-
sation whatsoever from the County for completing the schematic
iI
design phase of the October 6, 1982 agreement and supplying County
with a schematic design of the "Pinkerton Jail," the criminal
facilities study and the court facilities study.
4. The parties agree that the architect shall be com-
pensated for all phases of the contract with the exception of the
schematic design phase in accordance with the schedule contained
in Article 15, Section 14.2.1 based on the construction cost of
the "Pinkerton Jail."
5 Article 8, Ownership and Use -.of Documents, 8.1 is
hereby modified by the addition of the following sentence:
"Drawings and specifications may be used by architect on other
projects without approval of owner."
6. The October 6, 1982 agreement between the parties
remains in full force.and effect except to the extent specifically
modified by this document.
WHEREFORE, the parties hereto have set their•`h4hds ands ',;.
seals on the day set forth next to their signatures..'
W. R. FRIZZE CHXT' : , NC.
Date: //3 l k -1 By :
Presid ne t
Date: April 18, 1984
BOARD OF COUNTY COMMISSIONERS
OF INDIAN'RIVER COUNTY,, FLORIDA
By
DON C. SCURLOCR, JR.
Chairman
Approved 1s,to i,=
arld feoa �t�ftirianc„
PrY i`1fraMenburg
au ty Atfornev-,
or
r APf1.8 1994 sou 56 FACE 792
GENERAL RELEASE RAM CO FORM '72
Know All Men By These presents:
That. ,
(1, We)
PIERCE, DORSEY, ROHRDANZ ARCHITECTS, INC., a Florida
corporation.
as
first party, for and in consideration of the sum of TEN AND XX/10 0 -------------------
------------------- -- Dollars, or other valuable considerations, received from or on behalf of
INDIAN RIVER COUNTY, FLORIDA, and or the Board of County
Commissioners of Indian River -County, Florida.
second party, the receipt whereof is hereby acknowledged,
(Wherever used herein the terms "first party" and "second party" shall include sinitular and plural, heirs legal representa-
tives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so a3mits or requires.)
HEREBY remise, release, acquit, satisfy, and forever discharge the said second party, of and from
all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money,.
accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, vari-
ances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity,
which said first party ever had, now has, or which any personal representative, successor, heir or assign of
said first party, hereafter can, shall or may have, against said second party, for, upon or by reason of any
matter, cause or thing whettsoever, from the beginning of the world to the day of these presentst rela-
ting to architectural and/or engineering.services provided to the
party of the second part by the party of the first part for the
design and construction of the Indian River County Justice Complex.
In NUMS whereof, we have hereunto set Our hand s and seal this
day of April , A. D., 1984,, in behalf of the corporation.
Signed, sealed and delivered in presence of: PIERCDO c
ARCH ECTS
t
......... ---- BY.=.....
Preside
............................1..------......................................... Attest.;::.:.....
Secretary
STATE OF FLORIDA, (Corporate Seal)
COUNTY OF Orange
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
to me known to be the persons described in and who executed the foregoing instrument and they acknowledged
before me that theYexecuted the Same., in behalf Honff� the eor or tion . as prQper
WITNESS my hand and official seal in the County and State �asteaforesaaiy this e eorpOratlon day of
April A. D. 1984.
'l'.�--..
This, hrsIninteid prepared 15PiS (fdSTRUM�f�T WAS PREPAREDNOTARY PUBLIC
KENNETH R. MARCHMA�
Address HUNTER, PATTILLJ & MARCHNAY Commission Expiros :
_ 243 W. Park Ave., P.
Winter Par;:. FI,,. I.�d
fl
DOCUMENT TO BE MADE PART OF THE RECORD
PROCLAMATION
WHEREAS, the Mental Health Association begins its Diamond
Anniversary celebration and designates the month of May, 1984 as
MENTAL HEALTH MONTH with the theme, "75 Years of Action and
Advocacy"; and
WHEREAS, Clifford Beers, a former patient, had a vision for
a better life for people suffering from a mental illness, and
began a.revolution which changed the course of mental health care
in America; and
WHEREAS, Clifford Beers founded an organization in 1909 that
would advocate improved treatment for -patients who were subjected
to poor conditions and inhumane treatment in this country's
mental institutions; and
WHEREAS, Clifford Beers set a standard of achievement, and
the Mental Health Association continues to strive toward that
goal; and
WHEREAS, over the years the organization has played an
integral role in improving the conditions of state hospitals,
assisting in the creation of the National Institute of Mental
Health, and lobbying for legislation establishing the Community
Mental Health Centers Act which broadened our system of mental
healthcare; and
WHEREAS, the Association is active at the national, state
and local levels in the area of mandated mental health benefits
in insurance coverage, ensuring adequate budgets upon which state
mental health departments can operate effectively; and
WHEREAS, the Association strives to increase public
awareness about mental health and combat's the negative stigmas
associated with mental illness; and
WHEREAS, the all -volunteer Indian River Chapter presently
joins the 650 Mental Health Associations throughout the United
States in pursuing the dream of Clifford Beers for mentally ill
people and their families, working constantly to maintain and
increase funding for mental health services, and educating the
public about preventing mental illnesses, and promoting mental
well-being.
NOW, THEREFORE, BE IT PROCLAIMED by the Board of County
Commissioners of Indian River County, Florida that the month of
May, 1984 be designated as
MENTAL HEALTH MONTH
in Indian River Cpunty, Florida, and urges all citizens to
recognize the 15,000 volunteer members of the Mental Health
Association of Florida for their efforts t& improve the mental
health of the citizens of Indian River County.
ATTEST:
BY L="L, al
Freda Wrig , Clerk
I APR 18 11994
:i
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY
1AGE p79
I
APR 18 1984 eooK 56 FacE 794` ,
There being no further business on Motion duly.made,
seconded and carried, the Board adjourned at 11:35 o'clock
A.M.