HomeMy WebLinkAbout11/28/1984Wednesday, November 28, 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, November 28,
1984, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr.,
Chairman; William C. Wodtke, Jr., Margaret C. Bowman, and Richard
N. Bird. Absent was Patrick B. Lyons, Vice Chairman, who was
recuperating from surgery. Also present were Michael J. Wright,
County Administrator; Gary Brandenburg, Attorney to the Board of
County Commissioners; L.S. "Tommy" Thomas, Intergovernmental
Relations Director; and Barbara Bonnah, Deputy Clerk.
Chairman Scurlock called the meeting to order and Attorney
Brandenburg led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Chairman Scurlock requested the addition to today's Agenda
of a Proclamation honoring Leslychter Watson for his 27 years of
service to Indian River County. He also requested the addition
of recognition of the Certificate of Performance awarded the
Finance Department.
Commissioner Wodtke requested the addition to today's Agenda
of a report on yesterday's meeting of the Beach Preservation and
Restoration Committee re the damage done by the Thanksgiving Day
storm.
H 1A
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously added the
above items to today's Agenda.
BOOK � FACE "A
PROCLAMATION - LESLYCHTER WATSON
BOOK ea� + °.uz �� �
Chairman Scurlock read the following proclamation aloud and
presented it to Leslychter Watson.
P R O C L A M A T I O N
WHEREAS, LESLYCHTER WATSON will retire effective
the 29th day of November, 1984, as a Motor Equipment Operator I
for the Road and Bridge Department of Indian River County,
Florida; and
WHEREAS, LESLYCHTER WATSON began work with Indian
River County Road and Bridge Department on August 16, 1957, and
since that time has shown perserverance and loyalty as an
employee; and
WHEREAS, LESLYCHTER WATSON started employment as
a laborer, advanced to truck driver and tractor mower operator,
and has diligently worked in that position; and
WHEREAS, LESLYCHTER WATSON has had a thorough
understanding of the work he performed, and during his time of
employment was a very faithful and conscientious employee;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD
OF COUNTY COMMISSIONERS OF INDIAN RIVER 'COUNTY, FLORIDA,
sitting in Regular Session this 28th day of November, 1984,
hereby express their gratitude to LESLYCHTER WATSON for his
fine employment record and contribution to Indian River County.
DATED this 28th day of November, 1984.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIV�ER COUNTY, FLORIDA
By
Don C. Scurlock, Jr.
Chairman
2
_I
`',CERTIFICATE OF CONFORMANCE AWARD TO FINANCE DEPARTMENT
Finance Director Ed Fry displayed the plaque received by the
Finance Department for earning the "Certificate of Conformance"
awarded by the Government Finance Officers Association after
reviewing the County's comprehensive financial report.
Chairman Scurlock commended the Finance Department for the
long hard hours spent preparing the report and noted that this
was the first year the report had been submitted for review.
The plaque is displayed in the front lobby of the
Administration Building.
APPROVAL OF MINUTES
Chairman Scurlock asked if there were any additions or
corrections to the Minutes of the Regular Meeting of 11/7/84.
There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Lyons being absent) approved the
Minutes of the Regular Meeting of 11/7/84, as
written.
CONSENT AGENDA
Administrator Wright requested that Item D be removed from
the Consent Agenda for discussion.
9 A. Final Plat Approval for Kingswood Estates Subdivision
The Board reviewed the following memo dated 11/16/84:
3
NOV28 1984
BOOK 59 f'.;E 04
TO: The Honorable Members DATE: November 16, 1984 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: FINAL PLAT APPROVAL FOR
KINGSWOOD ESTATES SUBDI-
,�� SUBJECT: VISION PHASE I
Robert M. Keat ng AICP
Planning & Development Director
THROUGH: Mary Jane V. Goetzfried
Chief, Current Development Section
FROM: Stan Boling .0, 6. REFERENCES: Kingswood Est.
Staff Planner DIS:STAN
It is requested that the'data herein presented be given formai
consideration by the Board of County Commissioners at their
regular meeting of November 28, 1984.
DESCRIPTION AND CONDITIONS:
Kingswood Estates Subdivision Phase I is the first of three
proposed phases in the Kingswood Estates Subdivision. Phase I
is a 16 lot, ± 13.5 acre portion of the Kingswood Estates
Subdivision, located at the intersection of King's Highway and
16th Street. The site is zoned R-lAA (2.6 dwelling units/acre)
and has a LD -1 land use designation (3 dwelling units/acre).
The proposed density of Phase I is approximately 1.2 dwelling
units/acre; the proposed density of the entire Kingswood
Estates Subdivision is approximately 1.3 dwelling units/acre.
The applicants are requesting final plat approval.
ALTERNATIVES AND ANALYSIS:
Kingswood Estates Subdivision (all three phases) received
preliminary plat approval from the Planning and Zoning Commis-
sion on April 5, 1984. A land development - -permit for the
entire subdivision was issued on November 7, 1984. Thus, the
applicants have received conceptual approval of their subdi-
vision's layout, and approval of the construction drawings for
the site's improvements. The applicants have agreed to con-
tract with the County to complete all improvements, guaranteed
with posted security.
The applicants have now submitted a final plat, a letter of
credit for 115% of the cost of the Phase I improvements, a
certified cost estimate from the project engineer, and a
contract committing them to completing all the required im-
provements.
This application has been reviewed by the appropriate County
Departments. The Public Works Director has approved the
certified cost estimate for the required paving and drainage
improvements. The Utility Services Director has approved the
certified cost estimate for construction of the project's water
lines. The County Attorney's office has reviewed the contract
signed by the applicant. This contract commits the applicant
to completing all improvements as shown on their approved
construction drawings. The County Attorney's Office has
approved the contract subject to its being signed by the
Chairman of the Board of County Commissioners. The final plat
is also in conformance with the approved preliminary plat.
Thus, all County requirements concerning final plat approval
have been addressed.
4
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
final plat approval to Kingswood Estates Subdivision Phase I,
and authorize the Chairman of the Board of County Commissioners
to sign a contract with the applicant committing the applicant
to completing all required improvements.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
granted final plat approval for Kingswood Estates
Subdivision, Phase I, and authorized the Chairman to
sign the contract for required improvements.
SAID CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK -
VB. Budget Amendment, Petition Paving Fund
The Board reviewed the following memo dated 11/16/.84:
TO: Board of County Commissioners DATE: November 16, 1984 FILE:
SUBJECT: Petition Paving Fund
FROM: Jeffrey K. Barton, REFERENCES:
OMB Director
The following budget amendment is to establish the budget for the Petition Paving
Fund for FY 84-85:
Account Title Account No.'Increase- -Decrease
Paving Assessments 703-000,363-10.00 .150,000
Cash Fwd. -Oct .1 703,000,389-40.00 225,000
Legal Ads 703-214,541-34.91 2,000
Other Road Mat/Supplies 703=214-541'35.39 3502000
Commissions & Fees 703^214-541-99..94 23,000
JKB/dw
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved the above budget amendment, as recommended
by OMB Director Barton.
OV 8 1984 5 BOCK• t9 voU- 05
r �
NOV 8 1984
BOOK 59 P4,E 06
1C. Release of Assessment Lien, Pine Creek Condominium
(SR -60 Water)
The Board reviewed the following letter dated 11/6/84:
t
SAMUEL A. BLOCK
MARGARET E. MANN
DAVID A. CAIRNS
SAMUEL A. BLOCK
PROFESSIONAL ASSOCIATION
2127 10TH AVENUE
VERO BEACH, FLORIDA 32960
November 6, 1984
Gary Brandenburg
County Attorney
County Building
1840 25th Street
Vero Beach, Florida 32960
RE: Assessment Liens
PINE CREEK CONDOMINIUM
TELEPHONE
(305) 562-1600
Dear Gary: Q
I am requesting on behalf of George CHilders and Lynnlee Development
Corporation, the release of the assessment lien against the
following condominium unit situated on the property:
Condominium Apartment #104 -JACQUELINE D. HALL
Enclosed is our check in the amount of $970.45 which shall be held in
trust and not cashed until the appropriate county official has executed
a release of assessment lien which is recordable on the public records
of Indian River County and clears the title to the above condominium
unit.
If you should have any questions, please contact this office.
Very truly yours,
Samuel A. Block
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
released the assessment lien against Pine Creek
Condominium, Apt. #104, Jacqueline D. Hall.
0
RELEASE OF ASSESSMENT LIEN
For and in consideration of the sum of $970.45
RECEIVED from JACQUELINE D. HALL, in hand this day paid,
the receipt of which is hereby acknowledged, INDIAN RIVER
COUNTY, Florida, (the "County") hereby releases the property
hereinafter described from a certain special assessment lien
recorded by the County in its Official Records, Book 0691, Page
0074, for a special assessment in the amount of $970.45, plus
accrued interest at the rate of ten percent (10%) per annum, levied
in accordance with the provisions of Ordinance No. 83-46 of the
County, as amended, and Resolution No. 84-47 of the Board of County
Commissioners of the County; and hereby declares such special
assessment lien fully satisfied. The property, located in Indian "-
River County, is more fully described as follows:
Condominium Apartment #104 of PINE CREEK -
CONDOMINIUM 1, according to the Declaration
of Condominium recorded in O. R. Book 0691,
Pages 2443 thru 2533, of the Publid Records
of Indian River County, Florida.
Executed by the Chairman of the Board of County
Commissioners of Indian River County, Florida, and attested and
countersigned by the Clerk of such Board, all as of this 28th
day of November 1984.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attested hnd countersigned:
lidBy Don C. S u lock, Jr.,
Freda Wright, ; C W rk
N.
!r
Approved I �•s t rj�� .
and neo � fcv
STATE OF FLORIDA 1 R aur
-1COUNTY OF INDIAN RIVER ary ,-. Branden
C i,ty Attorney
I HEREBY CERTIF before me, an
officer duly authorized in the above state and county to take
acknowledgments, personally appeared DON C. SCURLOCK, JR.
and FREDA WRIGHT, to me known to be the persons described
in and who executed' the foregoing release as Chairman and Clerk
respectively, of the Board of County Commissioners of Indian River
County, Florida, and severally acknowledged to and before me that
they executed the same as the act and deed of such County.
WITNESS my hand and o ficial seal in the above
county and state this ._,pt day ofa��t'JL- , 1984.
lv,
My Commission Expires:
N ary blit, tate of
_Flori a at Large
NOTARY PUBLIC STAV OF FLORIDA
BONDED THRU GENERAL INSURANCE UNDi i
MY COMMJSSIoN WIRES JULY 8 1986
NOV 28 1984 r soon e�`cE
rNOV 2 8 1984
BOOK 59 f,mJE
�D. Final Payment and Acceptance - Ambersand Beach Park Dune
Walkover and Vegetation
The Board reviewed the following memo dated 11/19/84:
TO: The Honorable Members DATE: November 19, 1984 FILE:
of the Board of County
Commissioners
0
Final Payment and Accep-
THROUGH : SUBJECT: tance Ambersand Beach
Park Dune Walkover and
Michael Wright Vegetation
James W. Davis, P.E.,
FROM -Public Works Director)REFERENCES:
DESCRIPTION & CONDITIONS
The Dune Walkover at Ambersand Beach Park is complete.
J.B. Walker Construction, Inc. has submitted Final Affidavit and
Pay Request for $6,600 in accordance with the approved contract
with the County dated Sept. 24, 1984. Work was to be complete
on or before Nov. 23, 1984.
Revegetation of the dune at Ambersand Beach Park is sche-
duled for completion by November 30, 1984. At this time,
approximately 80% of the work is complete. Haeger Native Plant
Nursery has submitted Final Pay Request and Affidavit, in
accordance with the contract with Indian River County dated Oct.
12, 1984 in the amount of $7,686. Time of completion is Nov.
15, 1984.
ALTERNATIVES & ANALYSIS
- Since all final paper work must be in the offices of the
Florida DNR by Dec. 1, 1984, staff has informed contractors that
all work must be complete prior to Dec. 1. The dune crossover
is complete and has been inspected by the County Engineering
Dept. The landscaping should be complete by Nov. 23, 1984.
RECOMMENDATION AND FUNDING
It is recommended that Final Acceptance and Final Payment
be approved for the Ambersand Beach Park Project #8312 as
follows:
Description Contractor
Amount
Dune Walkover J.B. Walker Construction, Inc. $ 6,600.00
Dune Revegetation Haeger's Native Plant Nursery $ 7,686.00
Funding to be from Account #001-108-572-88.52
A grant from the DNR to fund 75% of the cost is avail-
able. The County Road and Bridge Department will construct
an asphalt parking lot with budgeted Road and Bridge Funds.
L��
LI
Intergovernmental Relations Director Tommy Thomas advised
that the Department of Natural Resources has given a verbal
extension on the final payment for this project. He reported
that when the ocean broke through the dune during the Thanksgiving
storm, it actually took the pressure off the crossover structure.
Public Works Director Jim Davis reported that as of the
Monday after the storm, there was no major structural damage done
to the crossover, but he recommended that final payment on the
crossover be subject to the Engineering Department doing a
structural inspection sometime this week.
Commissioner Wodtke was concerned that the contractors for
the crossover and the revegetation would not be paid for their -
work which he understood was completed before the storm, and
Chairman Scurlock believed that if the County did not pay these
contractors for work that was completed before Mother Nature took
it away, the County would have great difficulty in the future of
finding contractors to bid on these types of projects.
Attorney Brandenburg recalled that the short contract form
used for these contracts did not include the standard clauses
regarding acts of God and the responsibility of the contractor to
insure the property prior to final acceptance by the County, and,
therefore, it is up to the Commission to decide how to handle
payment.
Director Davis advised that the two contractors did an
excellent job, and it was very unfortunate that the storm did so
much damage.
Mr. Haeger addressed the Board and stated he would like to
be paid for the major part of the work and would be glad to
restore the vegetation at an additional cost. He reported that
less than 30% of the vegetation is left and that includes what
they recovered after the storm. They are storing some of the
potted plants.
OV 28 1984 F anc� �a.�� 019
NOV 28 elf
BOOK 59 FADE 10
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
authorized final payment in the amount of $6,600 to
J. B. Walker Construction, Inc. for construction of the
dune walkover at Ambersand Beach Park; authorized
final payment in the amount of $7,686 to Haeger's
Native Plant Nursery for dune revegetation; and
authorized staff to negotiate with the parties to
complete the project and bring back a cost figure for
final approval.
Mr. Haeger felt it wise to wait until January to replant in
order to avoid the high tides and the northeasterners, as the
lowest tides are from January through March.
Commissioner Bird asked if there was any chance that the DNR
would come through with some additional funds to pay for this
loss, and Director Thomas explained that the DNR would be inspecting
the damage sometime during the next two days. He noted that we
do have some grant funds left which were earmarked for Golden
Sands that possibly could be used at Ambersand Beach.
`NORTH COUNTY FIRE DISTRICT
The Board of County Commissioners recessed at 9:17 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 of County Commissioners reconvened at 9:20 o'clock
A.M. with the same members present.
PUBLIC HEARING - PLASSE REQUEST TO REZONE .76 ACRES FROM -COMMERCIAL
DISTRICT TO HEAVY 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:
10
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
in the
Court, was pub-
lished in said newspaper in the issues oLe,&� !!:s
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 subs ' ed fore th l day of A.D. 19_
1
s
a /}If (business Manager)
(Clerk of the Circu
(SEAL)
River County, Florida)
-X' NOTICE-" PUBLIC HEARING'"
Nsdof hearing
d c�grthe ad�a.CCury aanerezzoninglandfronC
Commercial District, to C-2, Heavy Commerc
District The subject property is presentown
by RAYMOND E; _and PATRICIA PLASand
located north -,of.- S.R. (20th'.streW) and:.a
Proximately 1500 feet west of 1-95, ;v
The sublect nr6narN to eloewNfn.t r ...
ueucnnea 118 0HOWe: COMMENCE at the
intersection of the centerline of survey
for Interstate Highway No. W and the
center tine of; State Road No- '60, as
shown on State Job No. 88081-2403
R/W"map, Sheet$ of 11; thence run N.
S"6s32" ,W:"along the center line of
State Road No. 60 for 1600.00 feet to a
point;- thence run N. 0°43'28•' E. at, right
angles to the center line of State Road
No. 60 for 160.00 feet to a point on the
North-RIW line of State Road No: 60,
said Writ being the point of Inning of
.the tract of land hereinafter escritil
and the end of the limited access R/W
line of Interstate Highway No a35 thence
-., run.W8g?16'32? W nlnne th.Ikt, "k nA-
line Of State ROW 60 for7260.00 feet to a
(point,";thence run N. 043.2819 E at right
'angles'to the North R -/W, Nne;:'of State
—Road.No Fo for .165test-'to';a- point -
the nce ran S 881832' E: -parallel to the
North R/W Wre of -State Road No 60 fot
20000 Y48t� 'poli�t ,,thOncff r, ;$
or jj17,00 to a int;
thetics ri+nSIPtB'32 g8rallei Qre
North 3#/W Ime ststate seas Wn . ,.,.
'A
and
If ai
made,
41.
may need to insure that
The Board reviewed the following memo dated 11/15/84:
TO: The Honorable Members DATE: November 15, 1984 FILE:
of the Board of
County Commissioners
PLASSE REQUEST TO RE -
DIVISION HEAD CONCURRENCE: ZONE .76 ACRES FROM
C-1, COMMERCIAL DIS -
SUBJECT: TRICT, TO C-2, HEAVY
Robert M. Keatin , AICP COMMERCIAL DISTRICT
Planning & Development Director
FROM: Richard Shearer, AICP REFERENCES: ZC-092 P&Z
Chief, Long -Range Planning RICH
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of November 28, 1984.
11
Nov 2 8 41984 - BOOK " 5.9 FAGE 11
DESCRIPTION & CONDITIONS
BOOK 5- wuE 1
David Campbell, an agent for Raymond E. and Patricia Plasse,
the owners, is requesting to rezone .76 acres located 1000 feet
west of I-95, on the north side of State Road 60, from C-1,
Commercial District, to C-2, Heavy Commercial District.
The applicant has initiated this request in order to bring his
existing juice extraction business into conformance with the
zoning ordinance.
On October 10, 1984, the Board of County Commissioners amended
the Zoning Ordinance to allow juice extraction as a special
exception use in the C-2 zoning district.
On October 18, 1984, the Planning and Zoning Commission voted
4 -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 contains a juice extraction business. The
land north, east, and west of the subject property is
undeveloped, zoned C-1, and part of Vero Tropical Gardens, a
subdivision platted in 1960. Further north, are additional
lots in Vero Tropical Gardens which are undeveloped and zoned
A, Agricultural District. South of the subject property,
across State Road 60, is undeveloped land that is zoned C-1.
Further south and to the west is the New Hibiscus Airport that
is zoned A.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and
all of the land around it as MD -1, Medium -Density Residential 1
(up to 8 units/acre). In addition, there is a 300 acre
commercial/industrial node at the intersection of I-95 and
State Road 60. The subject property and the land immediately
south, east, and west of it are included in the node.
The staff anticipates that in the future additional land around
the subject property will be rezoned from C-1 to C-2 and that
additional land on the south side of State Road 60 will be
rezoned from C-1 to LM -1, Light Manufacturing District.
Transportation System
The subject property has direct access to State Road 60
(classified as an arterial street on the Thoroughfare Plan).
The maximum development of the subject property for a juice
extraction business would attract approximately 41 average
annual daily trips.
Environment
The subject property is not environmentally sensitive nor is it
in a flood -prone area.
12
T T 1-1 1.1 L .1. ....
County water and wastewater facilities are not currently
available for the subject property.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
Richard Shearer, Chief of Long -Range Planning, presented
staff's recommendation for approval of this rezoning request.
Commissioner Wodtke asked what the zoning was to the south
around Vero Groves, and Mr. Shearer stated it was C-1.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be.heard in this matter.
Jerry Quinn, representing the applicant, believed that the
rezoning was the best possible solution.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
closed the Public Hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
adopted Ordinance 84-82, rezoning .76 acres from
C-1, Commercial District to C-2, Heavy Commercial
District.
13
N a V 2 8 1904 BOOK 09 Fv= j 13
ORDINANCE NO. 84-82
BOOK tt�%E 14
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 Lots C-12, C-13, C-14 and C-15 of VERO
TROPICAL GARDENS UNIT 2, as recorded in Plat Book 6, Page
64, of the public records of Indian River County, Florida,
being more particularly described as follows: COMMENCE at
the intersection of the centerline of survey for Interstate
Highway No. 95 and the centerline of State Road No. 60,
as shown on State Job No.88081-2403 R/W map, Sheet 8 of
11; thence run N. 89°16132" W. along the centerline of
State Road No. 60 for 1600.00 feet to a point; thence run
N. 0°43128" E. at right angles to the centerline of State
Road No. 60 for 160.00 feet to a point on the North R/W
line of State Road No. 60, said point being the point
of beginning of the tract of land hereinafter described,
and the end of the limited access R/W line of Interstate
Highway No.95; thence run N. 89°16132" W. along the North
R/W line of State Road 60 for 260.00 feet to a point;
thence run N. 0043128" E.at right angles to the North R/W
line of State Road No. 60 for 165 feet to --a point; thence
run S. 89016132" E. parallel to the North R/W line of
State Road No. 60 for 200.00 feet to a point; thence run
S. 0°43128" W. for 117.00 feet to a point; thence run
S. 89°16132" E. parallel to the North R/W line of State
Road No. 60 for 60.00 feet to a point; thence run S.
0°43'28" W. for 48.00 feet to the point of beginning.
Said land lying and being in Indian River County, Florida.
Be changed from C-1, Commercial District, to C-2, Heavy
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 28tbday of November
1984.
BOARD OF COUNTY.COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
DON C. SCU OCK, JR.
Chairman
Acknowledgment by the Department of State of the State of
Florida this 6th day ofDecember, 1984.
Effective Date: Acknowledgment from the Department of State
received on this 10thday of Dec. , 1984, at 11 A.M./P.M. and
filed in the office of the Clerk of the Board of County -
Commissioners of Indian River County, Florida.
APPROVED
LEGAL SU
TO FORM AND
Attorney
'PUBLIC HEARING - WEST/RUNYON REQUEST TO REZONE 1.27 ACRES FROM
COMMERCIAL DISTRICT TO HEAVY COMMERCIAL DISTRICT
The hour of 9:15 o'clock 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-Joumal, a daily newspaper published
at Veto Beach in Indian River County, Florida; that the attached copy of advertisement, being
a _///r•�i17GF
in the matter of 4y,49z,=
In the---yyjj Court, was pub-
lished in said newspaper in the issues of;31-
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 dally and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, fora period of one year next preceding the first publication of the attached copy of
advertisemenh and affiant further says that he has neither paid nor promised any person, firm
or corporationany discount, rebate. commission or refund for the purpose of securing this
advertisement for publication in the said ne//wssppaaper. R�
Sworn to and subs ed fore h r. aZE
g "Yz_
Manager)
(Clerk of the Circuit our, Florida)
(SEAL)
15
NOTICE— PUll WARM -
ivmice of hearing to
a�the a=
Cal Lo CC -Z eavyyCommere
aE LW 1g1 =.=
the SouM Renes Canal. east of Ow Ohde t9g
wwaayy,tnorth of First Street and west of U.S. tlig
Weat�18 ofp EPM�'ofd W� e9' of
'the SE b of SEN of Section 13, Township
,335, Ranggey 39E vino north of the north
Ble tsouth ri9h �t-weyy of the
south at
Soouthh Rellef
salved as be8lnnmg at the Sw comer of
SEI,!
of SEti of Section 13, Township
33S0.71. Rang
a north re 39E; ig
nln north
77' toof way of said
First Street thence runheast aa" said
north right-a-wey a distance of 1148.46' to
th Point of Beplmofl"19 thence contllWa
east a distance 8Qo'; thence run
north a distance of 323.8x• to the =nth :. •.
Stm n nrver wuny. FbrWe.
bl easements, re8D ictiora
and reservetlone of recall.
A public hearing at which parties in in- c
tereat and Wtizena eha0 have an oppor-
amt to be heard. w n be hew M the
Board of County Commissionera of 111 -
than River County, Florida. In the Count
Commission Chambers of the County
Administration Building, wcated at lual
25th Street Vero Beach, Florida on
Wednesday. November 28. 1984, at 9:15
If art person debwea to appeal any
deoisian made on the above matter. he%
she will need a record of the proceed.
.Ings. and for such purposes, heishe may
need to Insure that a verbs ttm rerard of
the pr Me is made. which includes
aDPeal bb and upon which 9te
Indian River Count .
Board at County Commiaslarnerrr
-s-Don C. Scwwek Chairman
November 5. 17,1984.
BOOK 5'9 PAGE 15
I
BOOK
The Board reviewed the following memo dated 11/9/84:
TO: The Honorable Members DATE: November 9, 1984 FILE:
of the Board of
County Commissioners
WEST/RUNYON REQUEST TO
DIVISION HEAD CONCURRENCE: REZONE 1.27 ACRES FROM
_ C-1, COMMERCIAL DIS -
SUBJECT: TRICT, TO C-2, HEAVY
Robert M. Keat ng,; ICP COMMERCIAL DISTRICT
Planning & Development Director
e ,
FROM: Richard Shearer, Chief, Long- A
RangePlann��FERENCICP ES: RICH28 P&Z
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of November 28, 1984.
DESCRIPTION & CONDITIONS
Mr. James W. West, Jr., the applicant, on behalf of Maggie L.
Runyon, the owner, is requesting to rezone 1.27 acres located
400 feet east of Old Dixie Highway on the north side of 1st
Street from C-1, Commercial District, to C-2, Heavy Commercial
District.
The applicant intends to develop this property for an air
conditioning and heating contractor's building.
On October 18, 1984, the Planning and Zoning Commission voted
4 -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 environ-
mental quality.
Existing Land Use Pattern
The subject property is undeveloped. North of the subject
property, across the South Relief Canal, is a mobile home park
zoned R-1MP, Mobile Home Park District. East of the subject
property is Communications of Vero and a nonconforming mobile
home park zoned C-1. South of the subject property is Satellite
Associates and Clements Pest Service zoned C-1. West of the
subject property is Southern Auto Service, Treasure Coast
Diesel Service, the Ira Thompson Canvas Specialty shop, and
Cavenaugh Plumbing Service zoned C-1.
16
Future Land Use Pattern
The Comprehensive Plan designates the subject property and
all of the land around it as part of the U.S.1 MXD, Mixed -Use
Corridor (up to 6 units/acre). The U.S.1 Mixed -Use Corridor
allows residential, commercial, and industrial land uses which
will be regulated by the zoning ordinance based on the predominant
land use pattern in the area. In addition, the Comprehensive
Plan states that commercial and industrial uses are anticipated
to utilize the majority of the land area within the U.S.1
Mixed -Use Corridor.
The existing land use pattern indicates that heavy commercial
uses are located adjacent to the subject property. The C-2
zoning district is consistent with these existing heavy commer-
cial uses.
Transportation Svstem
The subject property has direct access to 1st Street (clas-
sified as a local street on the Thoroughfare Plan). The.
development of the subject property for uses allowed in the C-2
district could attract up to 540 average annual daily trips
(AADT). The current C-1 zoning allows development that could
attract up to 1,217 AADT.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
TT+i 1 i t -i a
A County water main runs along the west side of Old Dixie
Highway, approximately 500 feet west of the subject property.
County wastewater facilities are not available.
RECOMMENDATION
Based on the above analysis, including the existing land use
pattern and the Planning and Zoning Commission's recommenda-
tion, staff recommends approval.
Richard Shearer, Long -Range Planner, presented staff's
recommendation for approval of this rezoning request.
Commissioner Bird asked if staff had given any consideration
to going ahead and rezoning additional property in this area to
Heavy Commercial, as he had received a call about this matter,
and Mr. Shearer explained that staff had considered requesting
rezoning the area to the north, but they have not had enough time
to do a complete analysis of this area. He noted that they will
probably be coming back with more rezoning requests at a later
date.
17
Nov 28 1984 59 FAcE. 17
J
BOOK
Commissioner Bowman asked if the area was on the
sand ridge which is environmentally sensitive (because the
shallow aquifer is beneath), and Mr. Shearer confirmed that
the property was pretty close to the sand ridge.
Commissioner Bowman then asked if there would be any toxic
waste associated with heavy industry that could adversely affect
the aquifer under the sand ridge, and Mr. Shearer felt there was
not.
Chairman Scurlock 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 (4-0)
closed the Public Hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
adopted Ordinance 84-83, rezoning 1.27 acres from
C-1, Commercial District, to C-2, Heavy Commercial
District.
18
ORDINANCE NO. 84-83
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:
West 186' of East 296' of West 444.46' of the SE4 of SEh
of Section 13, Township 33S, Range 39E lying north of the
north right-of-way of First Street and south of the south
right-of-way of the South Relief Canal, being more partic-
ularyly described as beginning at the SW corner of SE4 of
SEk of Section 13, Township 33S, Range 39E; thence run
north 770.71' to the north right-of-way of said First
Street; thence run east along said north right-of-way a
distance of 148.46' to the Point of Beginning; thence
continue east a distance of 186.01; thence run north a
distance of 323.65' to the south right-of-way of said
South Relief Canal; thence run southwesterly along said
canal right-of-way a distance of 193.52'; thence run south
a distance of 269.50' to the Point of Beginning. Said
land lying and being in Section 13, Township 33S, Range
39E. Indian River County, Florida.
Subject to all easements, restrictions and reservations of
record.
Be changed from C-1, Commercial District, to C-2, Heavy
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 28th day of November
1984.
BOARD OF COUNTY. COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
DON C. SCURLOCK, JR.
Chairman
NOV 2 8 1984 BOOK 9 PlAlUE 19
NOV 28 1984
BOOK 5 9 �acF0
Acknowledgment by the Department of State of the State of
Florida this 6th day ofDecember, 1984 -
Effective Date: Acknowledgment from the Department of State
received on this 10thday of Dec. , 1984, at 11A.M./P.M. and
filed in the office of the Clerk of the Board of Co nty
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUPPIi- IENCY
, County Attorney
PUBLIC HEARING - STRAZZULLA REQUEST TO REZONE 57.22 ACRES FROM
R-lA, SINGLE-FAMILY DISTRICT, TO R -2C MULTIPLE -FAMILY 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:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, FloridaNOTICE
OFPUBLICAFARIN07T ." `;
Notice of hearing to`consider the adoption of
'a
County ordinance rezoning land from R -1A,
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Single -Family District to, ArgC. ; Multiple -Family
DlstricL The subject Pope Is pprresent) owned
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
Fl CO tNCORPO-`
by gTRA22UL'A BROTHE S
RATED and located South of 14th Street East of
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
w � Indian,
s'dryesciilitld itEii
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
property
Nort_26acresofGovemmentt.otThe 3,
�
and melf of Government. Lots 4 and
'the: 10 ac'r� of Section°;.`r s =k
Pi
,t'',.LESS
Township 33 South. Range 40 East ofllx
Government Lot 5. All property situated
-
/ �`� �t
�Gi 3/`a1%lNlr3
and tying in Indian River County Florida:
Publjc.hearingd partiesy Inter aid
'heard:'
in the matter of T/` �()
an Opportunitto
citizens shelf have an opportunity to be
Will be held by the Board of County commission -
ere of Indian. Fiver County Fl6rida,°1n1he County,
Commission Chambers oi- the County Adminis-
tration Building; located -at ,1840 26th Streat:
Vero Beach, Florida on Wednesday Npvember
28. 1984, at g.1CldeS
In the Court, was pub-
ecsion
deto appeal. any di
N any person
made on the above matter., he/she will need a
for such Pur-
��//
lished in said newspaper in the issues of'A&.- / O 7
C�J'1111�/ �7,
t �/ '
record of. /sh proceedings: and
poses he/of the pr nem to q is m •that a verba-
tim record of the Proceedings is made; which In-
cludestestimony and, evidence upon which the
appeal is based
Indian River County
t Board of County Commissiohers
By�g-Don C Scurlock Chairman
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 subscr' ed b ore hi day of Ov A.D. 19
Business Manager)
i
(SEAL) r than River County, Florida)
20
6
I
The Board reviewed the following memo dated 11/15/84:
TO: The Honorable Members DATE: November 15, 1984 FILE:
of the Board of County
Commissioners
STRAZZULLA REQUEST TO
DIVISION HEAD CONCURRENCE: REZONE 57.22 ACRES FROM
R-lA SINGLE-FAMILY
SUBJECT: DISTRICT, TO R -2C,
Robert M. Keat ng, AICP MULTIPLE -FAMILY DIST.
Planning & Development Director
FROM: KS Shearer, AICP REFERENCES: Strazzulla
Chief, Long -Range Planning RICH2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their _
regular meeting of November 28, 1984.
DESCRIPTION & CONDITIONS
Strazzulla Brothers Company, Inc., the owner, is requesting to
rezone 57.22 acres located east of 3rd Court and south of 14th
Street from R-lA, Single -Family District (up to 4.3
units/acre), to R -2C, Multiple -Family District (up to 12.1
units/acre).
The applicant proposes to develop the property for multi -family
housing.
On October 18, 1984, the Planning and Zoning Commission voted
4 -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 and the land south of it are undeveloped.
North of the subject property is a mobile home park in the City
of Vero Beach. North and west of the subject property is the
Rockridge Subdivision which -is zoned R-2, Multiple -Family
District (up to 15 units/acre). Rockridge Subdivision is
platted at a density of five lots per gross acre with some lots
as small as 5,529 square feet. South of the subject property
is undeveloped land that is zoned R-lA. East of the subject
property is the Indian River.
21
N OV 28 1994 _ BOOK 59 F'°CE ?I
NOY 28 1984
Future Land Use Pattern
BOOK 59 F -AU ,2
The Comprehensive Plan designates 19.52 acres of the subject
property as MD -2, Medium -Density Residential 2 (up to 10
units/acre), and designates 37.7 acres of the subject property
as Environmentally Sensitive (up to 1 unit/acre). Based on the
land use designations of the subject property, the
Comprehensive Plan would allow up to 232 dwelling units on the
subject property.
The current zoning of the subject property is in conformance
with the MD -2 land use designation. While the R -2C zoning
district allows a maximum of 12.1 units/acre, which is not in
conformance with the MD -2 land use designation, the applicants
have submitted a letter stating that they will not exceed 10
units/acre as provided for in the Comprehensive Plan and that
they are requesting the R -2C zoning district because the County
does not have a zoning district which allows 10 units/acre.
The R -2C zoning district, with a cap of 10 units/acre, is the
most appropriate zoning for this site and would be in
conformance with the Comprehensive Plan.
Transportation System
The applicant will donate 2.86 acres of land for right-of-way
for the extension of Indian River Boulevard (classified as an
arterial street on the Thoroughfare Plan). The maximum
development of the subject property, under the R -2C zoning,
would generate up to 1500 average annual daily trips (AADT).
The current zoning of the subject property would allow up to
991 AADT.
Environment
The Comprehensive Plan designates 37.7 acres of the subject
property as environmentally sensitive. The applicant intends
to leave this property undeveloped and transfer the density of
one unit/acre (37 units) to the upland area of the subject
property.
All of the subject property is in an A-10 flood hazard zone
- which includes areas within the 100 year flood plain. The
environmentally sensitive lands generally have a flood
elevation of 8 while the upland property has a flood elevation
of 7.
Utilities
Water and sewer facilities are available for the subject
property. The developer will have to extend a water main to
the property to be served and will have to install a lift
station and force main to attain sewer service.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
22
Chief of Long -Range Planning, Richard Shearer, presented
staff's recommendation for approval of this rezoning request. He
explained that the R2 -C, multiple -family zoning district would
allow up to 12 units per acre, but the owners have included a
letter with their application that states they would keep the
density to 10 units per acre. Since the County does not have a
zoning district which allows 10 units per acre, staff went with
the R2 -C zoning because it is the closest available zoning
district in the MD -2 land use designation.
Chairman Scurlock stressed that the Comp Plan land use does
control the overall density in this area and asked what the
transfer of units would amount to. Mr. Shearer explained that
they have a credit of one unit per acre for each of the environ-
mentally sensitive acres. Under this the plan would allow about
240 dwelling units for the entire property of 57.22 acres, but
the development would be concentrated on the upland properties.
Chairman Scurlock noted that in addition there will be the
density transfers from the road right-of-way donated for the
extension of Indian River Boulevard, and Mr. Shearer estimated
that there probably will be 16 units per acre on the 17 acres of
buildable upland property. Tropic Villas has a density of 12-14.
Chairman Scurlock felt that these densities are even higher
than in the MXD District, and Mr. Shearer explained that it was
not always staff's position to recommend the maximum allowable
density under the Comp Plan, but in some cases they do.
Commissioner Bird asked if a land use cap of 12 units per
acre must be adhered to when density transfers are involved.
Attorney Brandenburg felt it was a debatable point, but
staff's position is that these densities would be allowed under
the Comprehensive Land Use Plan.
Robert Keating, Director of Planning & Development, clarified
that the applicant has agreed not to exceed 10 units per acre on
the total overall acreage of the site, including the environmentally
sensitive area, and the donated right-of-way, and Mr. Shearer
23
NOV 28 1984 BOOK . 9 FACE $3
NOV 28 1984 Boa 59
explained that R -2B, the next lowest zoning district, would allow
8 units per acre, and that would bring this development in at
approximately 14 units with the transfers, or possibly even
lower.
Commissioner Wodtke did not think it was fair to deduct the
acreage involved in the donated road right-of-way, and Director
Keating explained that the high density reflected the units on
the buildable land after the right-of-way was taken. He pointed
out that under our current site plan ordinance and the proposed
planned residential development ordinance, there is an opportunity
to cluster units on any part of a site and that is what is being
done here. If you consider the total area, then the density
is substantially below the 10 units per acre.
Chairman Scurlock hoped that the Commission has a strong
commitment to building Indian River Boulevard as a parallel to
6th Avenue and U.S. #1, because without that improvement, he felt
it would be foolhearty to approve the kind of densities being
considered today. He noted that the Transportation Planning
Committee has designated the extension as a high priority.
Commissioner Bowman questioned the exact line of the
environmentally sensitive impoundment, and Director Keating
thought that the environmentally sensitive area line is pretty
much -contiguous with the dike system.
Commissioner Bowman also expressed concern about keeping the
fill that would be needed from going into the river and wished to
know whether the bridge would be built on pilings. Administrator
Wright advised that the road is in the design stage at present
and these items are being taken under consideration. He felt
that we can only rely on the engineers who happen to be among the
best in the state.
Chairman Scurlock stressed the importance of coordinating
the road improvement with the drainage system.
24
s
_I
Discussion continued re densities in this area, and
Commissioner Bowman stated that she felt that the County had made
an error by zoning this area to allow such high densities, and
she would like to see the County undertake to rezone the whole
area.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Ruth Chapman, 1450 5th Avenue, explained that the subject
property abuts Rockridge and she hoped that the Board would bar
anything that would go through Rockridge as they don't want the
end of 13th Street and 3rd Court to be a throughway to this
development.
Chairman Scurlock pointed out that Vice Chairman Lyons was
still out recuperating from his recent operation and asked if the
applicants wished to continue this meeting until it could be
heard before a full Board.
Attorney B. T. Cooksey conferred with his client and David
Rever and announced that they had decided to go ahead with the
hearing today.
Tom Imperato, resident of Tropic Villas North, explained
that he had been away and just recently found out about this down
zoning. He expressed the wish that the Board would postpone the
hearing until they could retain an attorney in this matter.
Mr. Shearer explained that down zoning is when you go to a
less intensive use, which is not really the case here.
Chairman Scurlock understood Mr. Imperato's concern about
property values, but did not think that the rezoning would have a
negative impact on his property. He noted that the total number
of proposed units would be 232, which would work out to 4 units
per acre on the overall property. The development would be
clustered on the upland area and would be comparable to Tropic
Villas North, which has 116 units on 10 acres, which works out to
11.6 units per acre.
25
N O V 28 1984 _ Boor' - �9 FnE 25
J
NOV 2 8 1994 BOOK 59 F,iCE S
Bill Nelson, 230 14th Street, also expressed concern about
increased traffic going through Rockridge. In addition, he
understood that there would not be any construction on this
development until after Indian River Boulevard has been completed,
and asked if that was still being taken into consideration.
Chairman Scurlock believed that the applicant wants to be a
good neighbor and will make every effort to ensure that the
development will have a minimum impact on the surrounding area.
He assured Mr. Nelson that the Commission would use whatever
legal resources we have to minimize any impact on the surrounding
development.
Mr. Nelson reported that when the surveyors came through,
they cut down trees and dropped them into the canal so now they
cannot use their boats and Chairman Scurlock agreed these trees
should be removed.
Rosalyn Kramer, resident of Tropic Villas North, advised
that only 3 or 4 residents out of 2000 families were notified of
the proposed rezoning by registered letters, and Mr. Shearer
explained that all property owners within 300 feet of the subject
property are notified. He noted the 2-3 week lag in placing new
owners on the tax rolls, which quite often results in the previous
owners receiving the notices. In the case of Tropic Villas
North, he did not believe that any of those people were within
300 feet of the subject property. He noted that they did post
notice of the rezoning on the property.
Attorney Brandenburg pointed out that the notices are merely
courtesy letters and are not required. The County relies on the
the current assessment rolls for names and addresses of the
owners.
Mrs. Kramer was very curious that only a handful of people
had received letters.
Chairman Scurlock felt that the notification procedure could
be improved by notifying the property owners' association, if
there is one, and informed Mrs. Kramer that if she would like to
26
come in, staff would show her just where her property was in
relation to the subject property.
T. C. Turner, resident of Tropic Villas, objected to the
rezoning, and reported that he has talked with quite a few
residents in Tropic Villas who also object to the rezoning as
they understood that this property was to remain single family.
He also wished to have the meeting postponed until more studies
are done. Mr. Turner thought this area along the west side of
the river was very beautiful and believed City and County officials
have been downgrading more than upgrading recently. He related a
recent incident where he had given someone instructions on how to
find his home and that individual had said they knew where it
was, down near the migrant housing.
David Rever of Carter Associates, Inc. disagreed a bit on
the density numbers. Using 247 units, it is 4.38 units per acre
if you take it over the gross acreage; if you include the right-
of-way donation, it is 12.1 units per acre. If you exclude the
road right-of-way and build on the remaining acreage, it is 13.6
units per acre. He reported that prior to their survey of the
environmental sensitive area, they had retained Dr. Goforth, a
biologist who has worked for the State for over 10 years, and had
visited the site, along with Art Challacombe from the County's
Environmental Planning Department, to establish the boundary
line. Their intention is to make use of Indian River Boulevard
in conjunction with the development of the area; they would not
use Rockridge as a throughway. As far as the drainage problem is
concerned, their intention is to work with the system that will
be available in that area. He did not anticipate any permanent
residential structures on the narrow strip between the development
and the environmentally sensitive area except possibly recreational
structures. They have not yet developed the site plan and it may
well be physically impossible to put 10 units per acre there, but
in no event would there be in excess of 247 units. Excluding the
roadway, there are only 18.2 buildable acres; including the road
27
N OV 28 1984 _ �r�� r In ?7
NOV 2 8
1994
BOOK
PAGE
98
way, there would be 21.06 buildable acres.
Thirty-six
transfers
are coming out of the environmentally sensitive areas and 28
transfers from the road right-of-way. He assured the residents
of Tropic Villas that if the new development is within 10 units
per acre, it would not be out of bounds from Tropic Villas
densities. He perceived the environmentally sensitive area would
remain much the same way it is.
Bill Priestly, Azalea Lane, disagreed with the comments
regarding the area being so beautiful as he did not think that
pepper trees, trash trees and dead pine trees were particularly
beautiful. He felt the whole general area would be improved by
this development and the extension of Indian River Boulevard, and
pointed out there would also be fewer insects.
Mrs. Chapman asked if there was any chance of Rockridge
being hooked up to the sewer system at the same time this develop-
ment goes through, and Chairman Scurlock advised that he and
Director Jim Davis would be attending the Rockridge property
owners' association meeting of December 3rd and, hopefully, that
question will be answered at that time.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
closed the Public Hearing.
Commissioner Bird asked if Attorney Cooksey would confer
with his client and Mr. Rever as to whether or not they feel it
would be feasible to go ahead and develop this property if the
Commission were to rezone the property to R2 -B which would allow
a total of 204 units and a buildable density on the upland area
of approximately 11-12 units per acre.
28
Attorney Cooksey advised that his client would be willing to
go with the multiple family R2 -B zoning, which allows 8 units per
and would result in an overall density of 4 units per acre.
Chairman Scurlock pointed out that in past years the County
hardly ever has considered transfers of densities for environ-
mentally sensitive land and road right of way donations. He
stated that he also would like to see the development at 204
units, which would be allowed by R2 -B.
Commissioner Bowman continued to express concern about the
expense of building in this area because of the fill that would
be required.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board by a vote of 3-1,
Commissioner Bowman dissenting, adopted Ordinance
84-84, rezoning the subject property to R -2B.
29
BOOK. • 59 Fi{`;F_ 2.9
Pr'_
1
ORDINANCE NO. 84-84
BOOK 59, F. 034
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:
The North 25 acres of Government Lot 3, and all of
Government Lots 4 and 5, LESS the South 10 acres of
Section .7, Township 33 South, Range 40 East of Government.
Lot 5. All property situated and lying in Indian River
County, Florida.
Be changed from R-lA, Single -Family District to R -2B,
Multiple -Family District.
* There are 37.7 acres within the above described property
which are designated as Environmentally Sensitive under
the provisions of the Land Use Element adopted January 6,
1982.
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 28th day of November
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
DON C. SCUIMOCK, JR.
Chairman
Acknowledgment by the Department of State of the State of
Florida this 14thday of Dec. , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 17 day of Dec. , 1984, at 11A.M./P.M. and
filed in the office of the Clerk of the Board of County Commis-
sioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUV=CIENCY.
ty Attorney
M
*Description of Environmentally Sensitive Areas which cannot be
developed at more than 1 unit per acre are as follows:
All lands lying South, East and North of the following de-
scribed lines:
Beginning at a concrete monument being 35 feet more or less
West of the shoreline of the Indian River and also being 589.43
feet East of the Northwest corner of Government Lot 4, Section
7, Township 33S, Range 40E, run West along the North line of
said Government Lot 4 a distance of 589.43 feet to the North-
west corner of said Government Lot 4 and also being the North-
east corner of Government Lot 3, Section 7, Township 33 South,
Range 40 East; Thence continue Westerly along the North line of
said Government Lot 3 a distance of 262.49 feet to a point;
Thence run South a distance of 25.91 feet to a point;
Thence -run South 47° 36' 09" East 15.57 feet to a point;
' Thence run South 02° 57' 27" East 99.57 feet to a point;
Thence run South 04° 11' 14" West 100.26 feet to a point;
Thence run South 00° 12' 49" West 121.03 feet to a point; _
Thence run South 01° 38' 02" East 137.87 feet to a point;
Thence run South 000 27' 31" West 200.00 feet to a point;
Thence run South 01° 42' 21" East 79.43 feet to a point;
Thence run South 220 181 18" West 38.88 feet to a point;
Thence run South 100 09' 51" East 99.43 feet to a point;
Thence run South 15° 10' 34" East 101.40 feet to a point;
Thence run South 090 22' 06" East 99.19 feet to a point;
Thence run South 120 28' 33" East 81.49 feet to a point;
Thence run South 251 05' 38" East 100.75 feet to a point;
Thence run South 28° 42' 10" East 71.42 feet to a point;
Thence run South 110 32' 04" East 98.88 feet to a point;
Thence run South 130 22' 56" East 86.72 feet to a point;
Thence run South 06° 02' 33" East 100.25 feet to a point;
Thence run South 050 18' 09" East 100.12 feet to a point;
Thence run South 05° 11' 19" East 100.10 feet to a point;
Thence run South 01° 29' 41" West 82.99 feet to a point;
Thence run South 010 05' 23" West 100.01 feet to a point;
Thence run South 010 05' 14" East 100.01 feet to a point;
Thence run South 000 24' 08" West 99.99 feet to a point;
Thence run South 02° 55' 16" West 100.12 feet to a point;
Thence run South 080 40' 16" East 26.28 feet to a point;
Thence run South 78° 35' 06" East 43.98 feet to the
Northeast corner of the South 10 acres of Government Lot 6,
Section 7, Township 33 South, Range 40 East; Thence run North
on said East line of Government Lot 5 to the Northwest corner
of the South 10 acres of Government Lot 5; Thence run Easterly
along the North line of said South 10 acres of Government Lot 5
to the shoreline of Indian River; Thence run Northerly along
the shoreline of the Indian River to the point of intersection
with the North line of said Government Lot 4; Thence run
Westerly along said North line of Government Lot 4 a distance
of 35 feet more or less to said point of beginning.
Land lying and being within Government Lots 3, 4, 5 and 6 of
Section 7, Township 33 South, Range 40 East, Indian River
County, Florida.
11"10 V 2 19
BOOK 59 Fm -;E 31
BOOK 59 f',GF 32,
,J PUBLIC HEARING - TANEN REQUEST TO REZONE 45 ACRES FROM
SINGLE-FAMILY DISTRICT TO MULTIPLE -FAMILY DISTRICT
The hour of 9:30 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication attached,
to wit:
VERO BEACH PRESS -JOURNAL
Street Vero Beach,. Florida on Wednes
November 48,1984. al 9:30 a.m.
Published Daily
ry to appealaaedto
Vero Beach, Indian River County, Florida
the above demn
record Of the Woeeedinga. and for much
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
IIFAWNtr
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
%PYBUC
a County ��to consider the Adopo
CNIN
na,py
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
,Singes Din, to R-20. spl`01 F
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
oietria The aublecr prooeny m a
by NATHAN TANEN and htE U W. TAM
been continuous) published in said Indian River County, Florida, each daily and has been
Y Y Y
Trustees and Is looBted 1/8 owe South of
O
a,
Street, East of 3rd Court, to the Inctian R rer,
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
The subjectproperty is described as ;,
South 15 aaresof 0mrarvnent Lot
In the matter ofd uy+l%9't
,The
ane the North 30 acres of Governer
- Lot 4, AD WngM In Seddon T• T—^ship 3
or corporation any discount, rebate, commission or refund for the purpose of securing this
3''South.
�
advertisement for publication in the said newspaper, r
Couountyy.Florid
betn! inMdian
A public treusg tl which parties in Int
Swom to and subsP'db orehi __ � day of C A.D. 19 X� y
Business Manager)
and citixerre shall have an opportuniy. b
(SEAL) (Clerk of the Circuit Cou(t ndian River County, Florida)
heard, will be held by the Board of County f
missloners Of Indian hirer County.
in the Court, was pub-
Florida, 4
County Coon amtrers of the Cr
Ad, nlnistrasor, 801.^.Chlocated at 1860
Street Vero Beach,. Florida on Wednes
November 48,1984. al 9:30 a.m.
lished in said newspaper in the issues of�i9/" .S /�. / 9
ry to appealaaedto
the above demn
record Of the Woeeedinga. and for much
Mass. he/oho may need to Insure that a ve
dm record of the Proceedings is made, whit)
-
ctudes tes9maq and evidence upon which
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
appealn
Indlainiver Courcy
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
Board ofCounty Commissioners
been continuous) published in said Indian River County, Florida, each daily and has been
Y Y Y
'$'DpnC'Sdwtd * c4wmaa
Nov. 3, t , --
Is"
entered as second class mail molter 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, r
Swom to and subsP'db orehi __ � day of C A.D. 19 X� y
Business Manager)
(SEAL) (Clerk of the Circuit Cou(t ndian River County, Florida)
The Board reviewed the following memo dated 11/15/84:
TO: The Honorable Members DATE: November 15, 1984 FILE:
of the Board of
County Commissioners TANEN REQUEST TO REZONE
45 ACRES FROM R-lA,
DIVISION HEAD CONCURRENCE: SINGLE-FAMILY DISTRICT,
SUBJECT: FAMILYCDISTRICTLE-
Robert M. Keating, ICP
Planning & Development Director
FROM: hard shearer, AICP REFERENCES: Tanen Rezoning
Chief, Long -Range Planning RICH2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of November 28, 1984.
32
DESCRIPTION & CONDITIONS
Melvin and Nathan Tanen, the owners, are requesting to rezone
45 acres, located one-eighth of a mile south of 14th Street and
one-quarter mile east of 6th Avenue, from R-lA, Single -Family
District (up to 4.3 units/acre), to R -2C, Multiple -Family
District (up to 12.1 units/acre).
The applicants intend to develop this property for
multiple -family residences.
On October 18, 1984, the Planning and Zoning Commission voted
4 -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 thesite 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 and the lands north, east, and south of it
are undeveloped and zoned R-lA. The land west of the subject
property is zoned R-2, Multiple -Family District (up to 15
units/acre), and consists of undeveloped land and Tropic Villas
North, a condominium development which is developed at a
density of approximately 12 units/acre.
Future Land Use Pattern
The Comprehensive Plan designates 43.77 acres of the subject
property as MD -2, Medium -Density Residential 2 (up to 10
units/acre), and designates 2.1 acres of the subject property
as Environmentally Sensitive (up to 1 unit/acre). Based on the
land use designations of the subject property, the
Comprehensive Plan allows up to 439 dwelling units to be
developed on the subject property.
The current zoning of the subject property is in conformance
with the MD -2 land use designation. While the R -2C zoning
district allows a maximum of 12.1 units/acre, which is not in
conformance with the MD -2 land use designation, the applicants
have submitted a letter stating that they will not exceed 10
units/acre as provided for in the Comprehensive Plan and that
they are requesting the R -2C zoning district because the County
does not have a zoning district which allows 10 units/acre.
The R -2C zoning district, with a cap of 10 units/acre, is the
most appropriate zoning for this site and would be in
conformance with the Comprehensive Plan.
Transportation System
The applicants will donate 10.62 acres of land for right-of-way
for Indian River Boulevard (classified as an arterial street on
the Thoroughfare Plan) and for 12th Street (classified as a
primary collector street). The maximum development of the
subject property under the R -2C zoning would generate up to
2,678 average annual daily trips (AADT). The present R-lA
zoning would allow development generating up to 1,552 AADT.
33
BOOK - 59* PAGE 33
Environment
BOOK L99 PnU '34 --
The-
The subject property has 2.1 acres of land designated as
environmentally sensitive. In addition, the majority of the
subject property is in an A-10 flood hazard zone with a flood
elevation of 7. The A-10 zone includes areas within the 100
year flood plain. The western portion of the subject property
is in a B flood hazard zone which includes areas within the 500
year flood plain.
Utilities
Water is available for the subject property. Wastewater
facilities are not currently available.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
Planner Richard Shearer pointed out this rezoning request is
very similar to the preceding request; however, the amount of
environmentally sensitive acreage of 2.1 acres is very small in
comparison. Another difference is that more of the land would be
tied up in road right-of-way, approximately 10.6 acres.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Richard Bogosian, attorney representing the Tanen brothers,
owners of the subject property, explained that neither of his
clients are in attendance today, and if the Board chooses to be
consistent and go with the density restriction of the preceding
rezoning, he felt that a postponement of this public hearing
would be best until he could confer with his client.
Chairman Scurlock informed him that he intended to be
consistent with the motion on the previous rezoning hearing for 8
units per acre, even respective of the fact that the developers
were donating over 10 acres of the road right-of-way.
Attorney Bogosian withdrew his request to have the meeting
postponed, as he felt that his client did not have any other
alternative.
34
_ M
ON MOTION by Commissioner Bird, SECONDED by
COMMISSIONER Bowman, the Board unanimously (4-0)
closed the Public Hearing.
Robert Keating, Director of Planning & Development, explained
that at 10 units per acre, they would be at a density of 13.2,
excluding the right-of-way. When the overall site is considered,
including the right-of-way and the 2.1 acres of environmentally
sensitive land, the development is just under 10 units per acre.
Commissioner Bird understood then that the net effect would
be that if the R2 -B zoning was granted on the buildable acreage,
the net density would be somewhere around 10 units per acre, --
which is fairly consistent with what was done today in the
preceding rezoning request and with other developments in the
area.
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Wodtke, that the Board adopt Ordinance
84-85, rezoning the subject property to R -2B with
a density of 8 units per acre.
Commissioner Bird realized that his neighbors from Tropic
Villas want the area to remain single-family and if he were not a
Commissioner, he would be sitting out amongst them requesting the
Board to deny this rezoning. However, he pointed out that the
governing fact is the Comp Plan was developed over seven years of
looking hard and long for areas throughout the County which could
have higher densities in order to allow affordable housing.
Because of the availability of water and sewer to this area, it
was determined that this corridor along Indian River Boulevard
could carry a little higher density. What the Board is doing
today is following the direction set by the Comp Plan by scaling
35
NOV 28 19114 Boos F4c�
' ' 5
NOV 28 1984
BOOK9 N3,c =N
the density down to 8 units per acre to ease the impact on the
area.
Commissioner Wodtke understood then that the Comp Plan calls
for 10 units and this would be downgrading it to 8 units per
acre. He felt that the fact that the developers had donated
some road right-of-way should be considered.
Chairman Scurlock disagreed as he felt the developers were
getting a road built giving them access to a beautiful stretch of
property along the river.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
passed by a vote of 3-1 with Commissioner Bowman
dissenting.
36
ORDINANCE NO. 84-85
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: --
' The South 15 acres of Government Lot 3, and the North 30
acres of Government Lot 6. All lying in Section 7,
Township 33 South, Range 40 East. Said land lying and _
being in Indian River County, Florida.
Be changed from R-lA, Single -Family District to R -2B,
Multiple -Family District.
* There are 2.1 acres within the above described property
which are designated as Environmentally Sensitive under
the provisions of the Land Use Element adopted January 6,
1982.
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 28tbday of November
1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: .1 C
DON C. SC RLOCK, JR.
Chairman
Acknowledgment by the Department of State of the State of
Florida this 14th day of Dec. , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 17 day of Dec., 1984, at 11 A-L/P.M. and
filed in the office of the Clerk of the Board of County Commis-
sioners of Indian River County, Florida.
ZC-081 Ord.
PNOT
NOV 2 8 1994 _ Boor 59 FnE '17
I
NOV 28 1984
BOOK 99 FArF 38
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
. `"gWDENBURG, County Attorney
*Description of Environmentally Sensitive Areas which cannot be
developed at more than 1 unit per acre are as follows:
All lands lying South, East and North of the following de-
scribed lines:
Beginning at a concrete monument being 35 feet more or less
West of the shoreline of the Indian River and also being 589.43
feet East of the Northwest corner of Government Lot 4, Section
7, Township 33S, Range 40E, run West along the North line of
said Government Lot 4 a distance of 589.43 feet to the North-
west corner of said Government Lot 4 and also being the North-
east corner of Government Lot 3, Section 7, Township 33 South,
Range 40 East; Thence continue Westerly along the North line of
said Government Lot 3 a distance of 262.49 feet to a point;
Thence run South a distance of 25.91 feet to a point;
Thence run South 470 36' 09" East 15.57 feet to a point;
Thence run South 020 57' 27" East 99.57 feet to a point;
Thence run South 04° 11' 14" West 100.26 feet to a point;
Thence run South 00° 12' 49" West 121.03 feet to a point;
Thence run South 01° 38' 02" East 137.87 feet to a point;
Thence run South 000 27' 31" West 200.00 feet to a point;
Thence run South 01° 42' 21" East 79.43 feet to a point;
Thence run South 22° 18' 18" West 38.88 feet to a point;
Thence run South 10° 09' 51" East 99.43 feet to a point;
Thence run South 150 10' 34" East 101.40 feet to a point;
Thence run South 090 22' 06" East 99.19 feet to a point;
Thence run South 120 28' 33" East 81.49 feet to a point;
Thence run South 250 05' 38" East 100.75 feet to a point;
Thence run South 280 42' 10" East 71.42 feet to a point;
Thence run South 1111 32' 04" East 98.88 feet to a point;
_ Thence run South 130 22' 56" East 86.72 feet to a point;
Thence run South 060 02' 33" East 100.25 feet to a point;
Thence run South 050 18' 09" East 100.12 feet to a point;
Thence run South 050 11' 19" East 100.10 feet to a point;
Thence run South 010 29' 41" West 82.99 feet to a point;
_ Thence run South 01° 05' 23" West 100.01 feet to a point;
Thence run South 010 05' 14" East 100.01 feet to a point;
Thence run South 001 24' 08" West 99.99 feet to a point;
Thence run South 02° 55' 16" West 100.12 feet to a point;
Thence run South 08° 40' 16" East 26.28 feet to a point;
Thence run South 780 35' 06" East 43.98 feet to the
Northeast corner of the South 10 acres of Government Lot 6,
Section 7, Township 33 South, Range 40 East; Thence run North
on said East line of Government Lot 5 to the Northwest corner
of the South 10 acres of Government Lot 5; Thence run Easterly
along the North line of said South 10 acres of Government Lot 5
to the shoreline of Indian River; Thence run Northerly along
the shoreline of the Indian River to the point of intersection
with the North line of said Government Lot 4; Thence run
Westerly along said North line of Government Lot 4 a distance
of 35 feet more or less to said point of beginning.
Land lying and being within Government Lots 3, 4, 5 and 6 of
Section 7, Township 33 South, Range 40 East, Indian River
County, Florida.
CONTINUATION OF PUBLIC HEARING - REQUEST FOR PLAT VACATION FOR A
PORTION OF COLONIAL HEIGHTS SUBDIVISION
The Board reviewed the following memo dated 11/16/84:
TO:
The Honorable Members
DATE: November 16, 1984 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
PLAT VACATION REQUEST FOR
A PORTION OF COLONIAL
'
SUBJECT:
HEIGHTS SUBDIVISION
Robert M. Keating AICP
Planning & Development
Director
THROUGH: Mary Jane V.
Goetzfried
Chief, Current Development Section
FROM:
Stan Boling '
REFERENCES:
Colonial Hts .
Staff Planner
DIS:STAN
It is requested that the following information be given formal
consideration by the Board of County Commissioners at their
regular meeting on November 28, 1984.
DESCRIPTION AND CONDITIONS:
VISA BUILDERS CORPORATION, et. al, are requesting that the
Board of County Commissioners vacate a portion of the plat of
Colonial Heights Subdivision. The portion of the plat for
which the request has been made consists of Lots 1, 2, 3, and a
portion of Lot 4 of Colonial Heights Subdivision. This item
was originally considered at the Board of County Commissioners
regular meeting on November 14, 1984, and continued to the
November 28, 1984 meeting., This is the same information
submitted for the November 14, 1984 meeting.
ALTERNATIVES AND ANALYSIS:
According to Chapter 177.101 of the Florida Statutes, the Board
of County Commissioners must ascertain three facts before it
approves a plat vacation request. These facts are:
1) that the applicant holds fee simple title to the land
for which the request is being made,
2) that the vacation, if approved by the Board of County
Commissioners, will not affect the ownership or right
of convenient access of residents within the subdivi-
sion
3) that all back taxes on the subject property have been
paid.
The applicants have submitted deeds to the Planning Department
showing that they hold fee simple title to the land in ques-
tion. No lots within the subdivision will have their means of
access affected by a partial plat vacation. Also, documenta-
tion has been submitted by the Indian River County Tax Collec-
tor's office certifying that all taxes on the property have
been paid.
Thus, all state requirements concerning plat vacation have been
met.
39
NOV 28 1984 BOOK - U9 FnE 39
RECOMMENDATION:
BOOK 5 9 FD GF 40
Staff recommends that the Board of County Commissioners adopt a
resolution vacating that portion of the plat of Colonial
Heights Subdivision described as Lots 1, 2, 3, and a portion of
Lot 4.
Attorney Brandenburg explained that this matter was
considered at the last meeting and was postponed to give the
applicant a chance to come before the Board and answer some of
the Board's questions. He advised that .the Legal Department and
the Planning Department had both recommended in favor of the
replat at the last meeting and that recommendation still stands.
Stan Boling, Planner, confirmed that staff is still recommending
a plat vacation at this time in order for the applicant to
conform to the subdivision ordinance and proceed to obtain final
plat approval.
Richard Bogosian, attorney representing Visa Builders
Corporation, et al, explained that his client purchased numerous
lots in this particular subdivision from Frank Zorc, who apparently
had previously obtained a multiple -type rezoning from the Board
on the property in addition to some type of agreements from the
Health Dept. regarding the installation of septic tanks.
He was not aware of the particulars in those agreements, but
pointed out that his client had purchased the property with the
understanding that it could be developed in line with what Mr.
Zorc had obtained in the way of approvals. His client, therefore,
commenced to develop the property.
Attorney Bogosian felt the Board was mainly concerned with
one building, which is a 12 -unit townhouse. He believed the
first 6 units have been completed and the last 6 are in the
stages of construction. He emphasized that it is one building
and the 12 units are all sort of townhouse type apartments.
After 6 of the units were completed, his client came to him and
indicated he wanted to sell them as individual units. Mr.
40
Bogosian emphasized that up to that point in time, he was not
aware of what the site plan consisted of or what the building
permit denoted re the type of building; he also was not aware
that these were to be rental units and that fact was noted on
various County documents. He continued to explain that he came
into'the picture after all that had happened, and therefore, had
suggested to his client that they create a property owners'
association, which is an expeditious way of creating a very
similar situation to a condominium by not having to take the time
to obtain State approval of a Declaration of Condominium. If he
had known that they were going to have all these problems, he
would have recommended that his client file a Declaration of --
Condominium, even if it would have taken more time. However,
they recorded all those documents, which he assumed were valid,
as far as the County was concerned. His error was not checking
with the County on the validity of the matter, but Attorney
Bogosian pointed out that he has been involved in various similar
situations in the City of Vero Beach where townhouses were
created and were able to be sold as individual units under a
property owners' association.
Attorney Bogosian recalled that site plan approval was
given, of course, and two of the units were sold to other
individuals. It was at that point in time that the County became
aware of the fact that the units were being sold, and then
advised his client that he could not sell the units under the
circumstances and that he would have to replat the three lots in
the subdivision.
Attorney Bogosian continued that there appears to be an
additional obstacle. According to Building Director Ester Rymer,
the fire laws prohibit the sale of the apartments, even if they
are replatted, as the construction of the apartment walls do not
meet fire law requirements. Apparently, the Building Department
feels that renters can burn up because there is inadequate fire
protection, but owners should not burn up. The same thing
41
NOV 2 8 1984 BOOK 50 mcE 41
NOV 28 1984 BooK 59 PAGE 42
apparently applies to septic tanks, which is another issue here.
He reported that he had met with Attorney Brandenburg and members
of the Planning Department, and a Health Dept. official was also
present. Attorney Bogosian believed that the Health Dept.
official stated that he had no objection to this particular
building, as far as the septic tank installations were concerned.
They were given the green light to go ahead and do a new subdivision
plat by that group. It was not a decision by the Board, of
course, but it was an administrative decision, and they felt they
were complying with both the health laws and the planning laws of
the County.
Chairman Scurlock was concerned that staff had indicated
that no additional units were to be sold until this situation was
resolved and apparently a unit has been sold.
Attorney Bogosian admitted that a unit had been sold, but he
did not personally know of the sale at the time. His client had
previously contracted to sell this unit and he went ahead with
the contract that he had signed before being faced with these
problems. of course, without going ahead, he faced legal problems
in addition to financial problems, but that was not right and Mr.
Bogosian could not excuse his client except to say that he was
not the.agent who transferred the property as he had done on the
original two units.. At present, he understands from Director
Rymer that this building cannot be approved no matter what they
do and they have to go to a condominium.
Director Rymer defined a condominium as a structure that has
a roof owned by the entire building. Townhouse construction has
a different set of rules as townhouses are reviewed as single-
family dwellings, which are bought along with the land and have
everything that any other single family house would have with the
exception that they enjoy a common side yard or the party -wall
concept. The Building Code requires that a townhouse unit be
constructed in such a way that it could be pulled right out of
the rest of the building and stand alone as a single family
42
- M M
s � �
dwelling. When this application was submitted to the Building
Dept., it was called a townhouse. After reviewing it as a
townhouse, they found that it did not meet the construction
requirements because it needed to have a fire wall separation
between the units. Her assistant, who reviewed the plan, called
either Mr. Mitchell or the engineer who developed the plan, and
told them that it did not meet townhouse construction requirements,
and was informed by the owner that he did not want to go to this
expense and that the units would be built as a condominium.
Staff took special care when they wrote the permit for a condo-
minium so there would be no misunderstanding.
Attorney Brandenburg advised that the owners would -have to
change the form of their documents, but they still would have to
replat if they go to a condominium. He confirmed that any time
you transfer a certain portion of the land with the unit, you are
into a land condominium and must go through these platting
procedures. There is a variance procedure in the subdivision
code with respect to platting, but he did not believe there was a
variance procedure for the building requirement of a fire wall.
Attorney Brandenburg stated that the situation could be resolved
by the Board approving the vacation of plat and requiring the
owner to replat it as a land condominium and to do whatever is
necessary to get their ownership documents off the record and go
through a condominium association.
Attorney Bogosian believed that if they go as a straight
condominium, rather than a land condominium, and have all the
area surrounding and underneath the units as common area, then
they would not have to replat. Attorney Brandenburg confirmed
this, but advised that they would still need to vacate this plat.
Commissioner Wodtke was concerned about the sewer permit
situation, and Mike Galanis of the Environmental Health Dept.
advised that he cannot issue any more permits if this is to be a
condominium association, the DER then would require a treatment
plant.
43
NOV 28 1984 BOOK . 59 mE 43
BOOK 59 FicF 44
Chairman Scurlock felt that this matter could not be resolved
today and suggested that it be referred back to staff.
Attorney Bogosian asked if just the plat could be vacated
today, and Attorney Brandenburg advised that it could, but
stressed that Mr. Galanis is saying he will not issue any sewer
permits.
Attorney Bogosian argued that this is just one building, and
asked about the other lots.
Mr. Galanis felt it could be approved if it was under 5 or 6
different associations, but pointed out that at present it is one
entity and that the owner had been told that in the beginning.
Attorney Brandenburg advised that if the Board did not
approve the vacation of plat today, it would remain at a standstill
and would probably have to be readvertised in the future. The
owner, however, can continue to rent the units as proposed and
permitted. He felt that it is clearly a problem that the applicant
created for himself.
ON MOTION by Commissioner Wodtke, the Board
unanimously (4-0) tabled the item until such time
that it is felt it can be resolved.
Planning Department Director Keating stated that the Planning
and Building Departments and the DER would cooperate in clearly
delineating the alternatives.
t/LIGHTS AT KIWANIS-HOBART BALLFIELD
The Board reviewed the following memo dated 11/20/84;
44
TO: County Commissioners DATE: November 20, 1984 FILE:
THRU: Richard N. Bird
yea SUBJECT: Lights at Kiwanis-Hobart
Ballfield
FROM: L. s • "Tommy" Thomas EAP ENCES:
Intergovernmental CoorcN
At the regular meeting of the Parks and Recreation Committee on
November 15, 1984, the Committee unanimously approved proceeding
with installation of lights at the Kiwanis-Hobart baseball field.
Mr. Earl Cason, a member of the Kiwanis Club, presented $10,000
on behalf of the Kiwanis Club to help with this project.
This is a request to expend up to $27,000 additional funds to -
complete the entire lighting of the field. This money will come
from Account No. 102-210-572-66.39 as established by the County
Commission for this budget year. The current balance in the
above account is $70,000.
------------ -
Chuck Ranson, Earl Cason, and Terry Goff, announced on
behalf of the Kiwanis Club, the contribution of $10,000 to help
pay for the installation of lights at the Kiwanis-Hobart baseball
field.
Chairman Scurlock commended the Kiwanis Club for their
cooperation and efforts in the recreational interests of the
County, and Commissioner Bird thanked them in addition for their
contribution in building another large pavilion at the park.
Mr. Cason announced that the annual Kiwanis Auction would be
held December 3rd and 4th.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
authorized the expenditure of up to $27,000 in
additional funds to complete the entire lighting
of the ballfield at Kiwanis-Hobart Park.
45
NOV 28 1984 BOOK Fti, . 45
BOOK 59 P",VF 46
APPROVAL OF ASSESSMENT ROLL FOR ASSESSABLE SEWAGE COLLECTION AND
TREATMENT IMPROVEMENTS IN INDIAN RIVER COUNTY
Attorney Brandenburg informed the Board that the proposed
resolution calls for an equalization hearing to be set on the
assessment for the collection facility to be constructed.along
the SR -60 corridor, generally between Kings Highway and I-95 with
the capability of expanding in all directions.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Rcard n1ranimously (4-0)
adopted Resolution 84-100 approving the Preliminary
Assessment Roll prepared by the Engineers for
assessable sewage collection and treatment improvements
in Indian River County.
46
RESOLUTION NO. 84-100
RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT
ROLL PREPARED BY THE ENGINEERS FOR ASSESSABLE
SEWAGE COLLECTION AND TREATMENT IMPROVEMENTS
IN INDIAN RIVER COUNTY, FLORIDA; FIXING THE
TIME AND PLACE FOR AN EQUALIZATION HEARING
ON THE PRELIMINARY ASSESSMENT ROLL, AND PRO-
VIDING FOR NOTICE THEREOF; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA (hereinafter called "Board" and
"County," respectively) that:
SECTION 1. AUTHORITY FOR RESOLUTION. This resolution
is adopted pursuant to the provisions of Ordinance No. 83-46 of
the County, as amended, applicable provisions of Chapter 170,
Florida Statutes (1983), and other applicable provisions of law.
SECTION_ 2. FINDINGS. It is hereby found and determined
as follows that:
A. By adoption of Resolution No. 84-96 the Board has
stated the nature of the assessable sewage collection and treat-
ment improvements (hereinafter called "Project") in the County
specified by such resolution, determined when the impact fee
assessments are to be paid, estimated the cost of the Project and
satisfied all other requirements of Section 170.03, Florida
Statutes (1983).
B. Resolution No. 84-96 of the Board' as been
published by the Clerk of the Board in a newspaper of general
circulation in the County, once each week for 2 consecutive
weeks.
C. A preliminary assessment roll with respect to the
Project has been prepared and filed with the Board.
D. It is necessary and desirable that a public hearing
on the Project and the impact fee assessments be set in accor-
dance with the requirements of Section 170.07, Florida Statutes
(1983), and notice thereof be given to the affected property
owners.
SECTION 3. APPROVAL OF ASSESSMENT ROLL. The prelimi-
-1-
L_ N 0 V 28 1984
BOOK _ 59 FACE 47
r NOV 28 1994 -48
BOOK F'4,F
nary assessment roll prepared by the engineers for such Project,
presently on file in the office of the Clerk of the Board, is
hereby approved.
SECTION 4. EQUALIZATION HEAPING. The -19th day of
December , 1984, at 9:15 o'clock A M. at County
Commission —
Chambers, 1840 25th Street in Vero Beach
Florida, is fixed as the time and place of a meeting of the Board
at which the owners:of the properties to be assessed or other
persons interested therein may appear before the Board and be
heard as to the propriety and advisability of the Project, the
cost thereof, the manner of payment therefor and the amount
thereof to be assessed against each parcel of property specially
benefited.
SECTION 5. NOTICE OF RRARYN(_ _ Tho
is directed to cause a notice of such hearing to be mailed to
each affected property owner at his last known address and to be
published in a newspaper of general circulation in the County,
once each week for 2 consecutive weeks, the final publication
being at least one week prior to the date of the equalization
hearing. Such notice shall be in substantially the following
form:
NOTICE OF SPECIAL ASSESSMENT EQUALIZATION HEARING
INDIAN RIVER COUNTY, FLORIDA
To: ALL INTERESTED PARTIES
NOTICE IS HEREBY GIVEN that the Board of County
Commissioners of Indian River County, Florida (hereinafter called
"Board" and "County," respectively) will meet on December 19th ,
County Commission C am ers,
1984, at 9.1, o'clock a.m. in / 1840 25th Street,
at Vero Beach , Florida, to hear objections of all owners
of property to be assessed and all interested persons to the
following assessable improvements in the County, the cost of such
improvements, the manner of payment for such improvements and the
amount thereof to be assessed against each parcel of property
specially benefited. Such assessable sewage collection and
-2-
treatment improvements consist of a sewage collection and treat-
ment plant adjacent to State Road 60 in an unincorporated area of
the County (hereinafter called "Project").
The Project will be constructed in the Following unin-
corporated area of the County:
Collection facility will be constructed along the State Road
60 corridor, generally between Kings Highway and I-95 with the
capability of expanding in all directions,
The Board has examined the assessment roll and has
.determined that a portion of the cost of the Project estimated at
X5,000,000 shall be assessed against the properties specially
benefited thereby. The Board has approved the preliminary
assessment roll -as required by law. The description of each pro-
perty to be assessed and the amount to be assessed to each parcel
of property may be ascertained at the office of the Clerk of the
Board.
The special assessments for impact fees to be levied
against the properties specially benefited from the Project may
be paid in cash in not exceeding 10 equal yearly installments
with interest at a rate not to exceed 1% above the interest rate
on the bonds or notes, as the case may be, to be issued to
finance the cost of the Project. If the special assessments for
impact fees are not paid when due, there shall be added a penalty
at the rate of 1% per month until paid; provided, however, that
such assessments may be prepaid at any time within 30 days after
the Project is completed and a resolution accepting the same has
been adopted by the Board, but such prepaid assessments for
impact fees shall bear interest at the rate borne by the bonds or
the notes, as the case may be, described above, and shall
include, if deemed necessary by the Board, a prepayment fee not
to exceed the applicable redemption premium, if any, for such
notes or bonds, as the case may be, if they were to be redeemed
-3-
L_ NOV 28 1984
BooK " 59 FATE 49
�OV� �9�� Bao 59 UL 50.
on the next available redemption date. The impact fees shall be
levied against such benefited properties on an available sewer
tap basis. Any special assessment liens upon benefited
properties, resulting from impact fees levied in accordance with
the provisions of this resolution, shall be extinguished upon the
recording by the Board in the Official Records of the County, an
affidavit or affidavits executed by the Chairman of the Board to
the effect that sufficient security has been deposited with the
County in order to insure timely payment of the amounts of such
impact fees or the installments thereof, as the case may be.
At the above named time and place, the Board will
receive any objections of interested persons. After receiving
and considering all objections of interested persons, the Board
- shall at such hearing or thereafter either annul or sustain or
modify in whole or in part the preliminary assessments as indi-
cated on such roll, either by confirming the preliminary
assessments against.any or all lots or parcels described therein
or by cancelling, increasing or reducing the same according to
the special benefits which the Board decides each such lot or
parcel has received or will receive on account of the Project.
Dated this 28th day of
November , 1984.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By: /
C air an,
SECTION 6. PROOF OF NOTICE. Mailing of such notice
shall be proved by affidavit of the Clerk of the Board filed in
her office. Publication of such notice shall be verified by
affidavit of the publisher filed in the office of the Clerk of
the Board.
SECTION 7. EFFECTIVE DATE. This resolution shall take
effect immediately upon its adoption.
Approv/d a
� nd le <i
r), JIVIBranaeAu—rg
ty' y Attorney
-4- - ---�
CON?.SACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS - NORTH BEACH
ASSOCI.WkES, LTD.
Attorney Brandenburg recalled that last May the County
passed Resolution 84-34 providing for the abandonment of a
35 -foot wide County recorded road dedication on the west side of
SR -AIA, one-half mile north of County Road 510; retaining the
right-of-ways of the two existing utilities (Southern Bell and
Florida Power & Light); contingent upon working out a suitable
agreement with the applicant providing for the pavement of the
road and the posting of a performance bond. To guarantee this
will occur, he recommended that the County enter into the proposed
contract with North Beach Associates, Ltd.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
approved the contract with North Beach Associates,
Ltd., and authorized the Chairman's signature.
51
NOV 2 8 1984 BOOK , '09 PAGE 51
BOOK 59 ff�GF 52
-NOV 28 1984
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
NO.
THIS CONTRACT, made and entered into this 28th day of
November , 1984 by and between NORTH BEACH ASSOCIATES, LTD.,
existing under the laws of the State of Florida, hereinafter referred to
as "Developer" and INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, by and through its Board of County Commissioners,
hereinafter referred to as "County".
W I T N E S S E T H:
WHEREAS, the Board of County Commissioners of Indian River
County has agreed to the abandonment of a right-of-way, as more
particularly described in County Commission #84-34 adopted on May 23,
1984; and
WHEREAS, as a condition of said Resolution, Developer agreed
to simultaneously with the execution of this Contract, convey to the
County for road right-of-way purposes, a sixty (601) foot right-of-way,
more particularly described in said Deed; and
WHEREAS, as a further condition to the abandonment as set
forth in the Resolution #84-34, the Developer agreed to construct within
three (3) years from the date thereof, or by May 23, 1987, a paved
twenty-four (241) foot wide public road in accordance with County road
construction standards; and
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
PROMISES HEREIN CONTAINED, the parties agree as follows:
1. Developer agrees to construct on or before May 23, 1987,
in a good and workmanlike manner, the public road described above.
2. In order to guarantee performance of this contract,
Developer shall simultaneously herewith furnish a performance bond
- underwritten by a surety insurer authorized to transact such business in
this state, in a form to be approved by the County, with Developer as
principal and Fireman's Fund Insurance Coupany-
as the surety, in the amount of $ 50,000-00,
- which amount is not less than one hundred and fifteen (115%) percent of
the estimated total cost of the improvements to be constructed. It is
understood that the full amount of the guaranty shall remain available
to the County and shall not be reduced during the course of construction
without an express written modification thereof executed by all parties.
Requested reductions shall not be unreasonably withheld by the County.
Developer may at any time substitute guarantees, subject to the approval
as to form and amount by the County.
-1-
3. Up to the limits of any applicable underlying or excess
insurance coverage carried by Developer or to be obtained during the
course of the construction of the improvements, Developer agrees to
indemnify, hold harmless. and defend the County against any and all
claims, damages, losses and expenses, including attorney's fees, for
property -damage, personal or bodily injury of loss of life, arising from
the negligent acts or omissions of the Developer, its officers,
employees, agents or contractors, subcontractors, laborers, or
suppliers, relating to the construction of the required improvements,
including all those improvements to be constructed on existing publicly
dedicated or County -owned property.
4. Satisfactory completion in accordance with the contract
shall be determined by the County and shall be indicated by specific
written apporval of the Public Works Director or his designated
representative.
5. In the event the Developer shall fail or neglect to
fulfill its obligations under this contract, the Developer, as
principal, and the guarantor or surety shall be jointly and severally
liable to pay for the cost of construction and installment of the
required improvements to the final total cost, including but not limited_,
to engineering, construction, legal and contingent costs, including
reasonable attorney's fees incurred by the County, together with any
damages, either direct or consequential, which the County may sustain as
a result of the failure of Developer to carry out and execute all --
provisions of this contract and applicable ordinances of the County. In
no event, however, shall the liability of the guarantor or surety under
this paragraph exceed the total amount of the original obligation stated
in the guaranty or surety instrument, less any approved reductions
thereto.
6. The parties agree that the County, at its option, shall
have the right, but not the obligation, to construct and install, or
pursuant to receipt of competitive bids, cause to be constructed and
installed, the required improvements in the event Developer shall fail
or refuse to do so in accordance with the terms of this contract.
Developer expressly agrees that the County may demand and draw upon the
existing guaranty or surety for the final total cost of the
improvements. Developer shall remain wholly liable for any resulting
deficiency, should the guaranty or surety be exhausted prior to
completion of the required improvements. In no event shall the County
be obligated to expend public funds, or any funds other than those
provided by the Developer, the guarantor, or surety, to construct the
required improvements.
7. Any guaranty or surety provided to the County by
Developer with respect to this contract shall exist solely for the use
and benefit of the County and shall not be construed or intended in any
way, expressly or impliedly, to benefit or secure payment to any
subcontractor, laborer, materialman or other party providing labor,
material, supplies, or services for construction of the required
improvements, or to benefit any lot purchaser(s), unless the County
shall agree otherwise in writing.
8. This agreement is the full and complete understanding of
the parties and shall not be construed or amplified by reference to any
other agreement, discussion, or understanding, whether written or oral,
except as specifically mentioned herein. This agreement shall not be
assigned without the express written approval of the County. Any
amendment, deletion, modification, extension or revision hereof or herto
shall be in writing, executed by authorized representatives of both
parties.
-2-
L_
NOV 28 1984 - BOOK 59 Fp.0 53
Ov 2 8 1984 BOOK 59 PACE 54
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals on the day and year first above written.
NORTH BEACH ASSOCIAT , LTD.
BY:
Frank C. Weed, P esident of
ZAREMBA NORTH BEACH CO., its
General rtn
ATTEST:
Preston I. Perrone, Assistant
Secretary
(corporate seal)
INDIAN RIVER COUNTY, FLORIDA
APPROVED AS 0 FORM
AND LEGA ICIENCY BY: / e
DON C. SC OCR, JR
Chairman
BY: Board of County Commissioners
ou t Attorney
r.
ATTEST:
F EDA WRIGHT, CLE C ,I'
® M
P
—7
L
V VACANCY ON BOARD OF ZONING ADJUSTMENT
DISTRICT 1
The Board reviewed the following letter dated 11/13/84:
Mrs. Margaret Bowman
Commissioner, Indian River County
1840 - 25th Street
Vero Beach, FL 32960
dI
Dear Maggie:
13890 Ruffner Lane
Sebastian, FL 32958
November 13, 1984
-bIST':I>JJTiCN LIST
Let me congratulate you on your recent election victory.
As we had briefly discussed some time ago, I believe my term as a member of
the Indian River County Board of Variance and Zoning Adjustments is ending
in January, 1985, and I must advise that I do not wish to be reappointed to _
this office.
I have served on the Board for eight years, and while I have enjoyed my
tenure on the Board, the increasing pressures of business and family dictate
that I remove myself from consideration for reappointment.
Again, let me say that I have enjoyed very much my years on this Board, and
hope that I have been able to serve Indian River County in some small way
as a member of the Board.
Sin rely,
J"O-.V—
Rita S. Thomas
Commissioner Bowman reported that there are three prospects
for the vacancy, but she has not made a recommendation for
appointment as yet.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
instructed staff to prepare a resolution honoring
Rita Thomas for her eight years on the Board of
Zoning Adjustments.
55
�
1;
s • • f a
ROOF - 59 FnE 55
Adnvnistru;Wr
Attorney
Nei s,,nnel
Con, ,: ;; ;.
GeV
Ut;l,tse_�
Finance
Other
Vk c S `�
Let me congratulate you on your recent election victory.
As we had briefly discussed some time ago, I believe my term as a member of
the Indian River County Board of Variance and Zoning Adjustments is ending
in January, 1985, and I must advise that I do not wish to be reappointed to _
this office.
I have served on the Board for eight years, and while I have enjoyed my
tenure on the Board, the increasing pressures of business and family dictate
that I remove myself from consideration for reappointment.
Again, let me say that I have enjoyed very much my years on this Board, and
hope that I have been able to serve Indian River County in some small way
as a member of the Board.
Sin rely,
J"O-.V—
Rita S. Thomas
Commissioner Bowman reported that there are three prospects
for the vacancy, but she has not made a recommendation for
appointment as yet.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
instructed staff to prepare a resolution honoring
Rita Thomas for her eight years on the Board of
Zoning Adjustments.
55
�
1;
s • • f a
ROOF - 59 FnE 55
NOV 28 1984 BOOK 59PAGE 5
BEACH PRESERVATION AND RESTORATION COMMITTEE REPORT RE DAMAGE
q
CAUSED BY THE THANKSGIVING DAY STORM
Commissioner Wodtke felt the storm was a very unique one in
that we did not have any warning. He asked Steve Wells, Emergency
Management Director, to give a brief summary of the steps taken
by Emergency Management during the storm.
The Board reviewed the following memo dated 11/28/84:
TO: Michael Wright DATE: November 28, 1984 FILE: EM -84-0149
THRU: H.T. "Sonny"n
General Servi a Director
SUBJECT: "Tom Turkey" Storm
November 22,23,24, 1984
d
FROM: Stephen J. We REFERENCES:
Emergency Man ent Director
At.approximately 4 P.M., on Thanksgiving Day, November 22,
1984, the Emergency Operation Center personnel was called
to active duty because of -excessive rainfall and high winds
that had been produced by a low system off the coast of
Bermuda.
Winds on the beach area were estimated at above 50 MPH ,
sustained with gusts of 60 to 70 MPH. Heavy astronomical
.tides combined with northeast winds promised to produce
-- major erosion on local beaches. After conferring with Daytona
and Miami weather stations at 11 P.M., it was decided to close
the EOC and await the high tides early Friday morning.....
At 7 A.M. Friday morning the "Tom Turkey" storm had indeed
wracked havoc on our beach frontage. Extensive damage to
beach front property, an estimate of approximately 30 feet
of beachline and 6 to 7 feet of dune lines have been washed
away and seawalls at many locations were undermined. Water
levels were 4 to 6 feet above normal and 3 to 4 feet on the
river. Due to the National weather forecast of astronomical
tides of 6 to 8 feet above mean sea level and gale force
winds in excess of 60 MPH, a Control Group Meeting was called
for 3:30 P.M. The decision of the Control Group and with the
approval of the Chairman of the Board of County Commissioners,
it was decided that a mandatory evacuation be effected of
Ocean front buildings from Rio Mar Country Club to Vero Beach
North City Limits and for ocean front residents along AlA
from 510 intersection to the Brevard County line. Also, a
suggested evacuation for.residents on the beach or any resident
located in a low-lying area who might feel threatened by the
storm. AlA from 510 intersection north to the Brevard County
would also be closed by the Department of Transportation.
56
Law Enforcement personnel were stationed at traffic control points,
and the three access bridges were closed to eastbound traffic.
The local Red Cross Chapter opened 2 shelters. The Vero Beach Junior
High School and the Sebastian Junior High School. These shelters
were selected because of their centralized locations. It was estimated
that approximately 1,000 people would evacuate, in actuality approx-
imately 500 of this number evacuated. Only a token few utilized the
public shelters. Itis believed that the reason that the shelters
were not used were because those that did evacuate were mainly guests
from motels and hotels that were accommodated at establishments on
the mainland. Those residents of condominiums and private homes
were thought to go to friends and relatives homes on the mainland.
At midnight the few who had taken advantage of the public shelters
were lodged for the rest of the evening in local motels and the
shelters were officially closed at midnight. At midnight, law
enforcement personnel were removed from the traffic control points
at the bridges and placed on a stepped up patrol of the beach area. -
At 2 A.M., Saturday morning it was decided that the area was secured
for the time being and the major damage was essentially over. The
EOC was closed and reopened again at 7:30 A.M., Saturday morning.
At 8 A.M., Saturday, November 24, 1984, the local government damage
assessment team --toured the damaged beach front area and a preliminary
assessment placedthedamage at $3,400,000 for the oceanfront property
from Ocean Gate Condominium to Humiston.Park - Approximately lZ miles.
The evacuation order was rescinded at 11 A.M. and the residents were
allowed to return to their homes.
Due to predicted high tides for Saturday evening the EOC remained
opened until after the schedules high tide. Winds had subsided
and only minor erosion continued on the beach front.
Weather conditions and damages along the beach areas were continued
to be monitored throughout Sunday evening.
Director Wells reported that Governor Graham came in town
around 4:00 P.M. on Saturday and surveyed the storm damage. He
advised that state and federal officials would be in town tomorrow
or the next day to assess the storm damage. The assessment team
will look at preliminary reports, photographs and videotapes of
the damage, and also conduct a door-to-door physical examination
from one end of the county to the other to determine the amount
of insured and uninsured loss. Director Wells advised that
Public Works Director Jim Davis and he will accompany the assessment
team. Once the assessment is complete, the team will take a
damage estimate to the Governor who will decide whether to
declare the county a disaster area and also whether to ask
President Reagan for a federal disaster designation. If the
County is declared a disaster area by the federal government,
financial assistance could be available.
• 57
NOV 28 1984 a®� 59 pn,E 57
BOOK 59 pm,F 5S
Commissioner Wodtke thanked Director Davis for the long
hours he put in over the weekend.
Commissioner Wodtke then reported that at yesterday's
meeting of the Beach Preservation & Restoration Committee, many
people pointed out that there was severe erosion further north
than where the Corps of Engineers had planned their project, and
they requested that the northern area be included in the plans
for future restoration. Commissioner Wodtke asked the Corps for
this inclusion, but he felt that it might possibly delay the
entire project.
Commissioner Wodtke suggested the Commission schedule a
meeting for discussion on what position the Board will take on
restoration of the beach erosion and the type of reconstruction
that will be allowed. Basically, the timeframe with the Corps of
Engineers requires that the budgeted $50,000 be expended by
January 1st, and he thought we really need to address this
project and make a determination whether or not it is going to be
done so that property owners can determine how they are going to
proceed.
Chairman Scurlock reported that City Councilman Gary Parris
has indicated that a workshop will be held in December and that
the County could meet with them at any time to discuss this
matter. He believed that George Gross and Attorney George
Collins have a new approach as to the funding formula for the
restoration project which puts more burden on private property
owners.
Commissioner Wodtke realized that those conversations with
Mr. Parris and Mr. Gross had occurred before the storm and
believed we should sit down with the City and map out a plan of
action over and above the Corps project to establish a master
plan for our beaches and shores, and we need to know if we have a
commitment by our elected officials to preserve our beaches.
Even in view of the fact that a beach restoration project has not
been approved in the last seven years, he felt confident that
Mf
_ M M
this project will be approved if a commitment is made now by the
people and the elected officials to maintain and preserve the
beaches just as we do our roads, ditches, etc. He realized that
pumping in sand is not the only answer, and mentioned several
other measures that have worked, such as offshore breakwaters,
etc. He believed that when man has taken something away, man
must put something back, and that government and private property
owners must cooperate in this effort. Commissioner Wodtke
believed that the storm has brought greater awareness of the
situation.
Chairman Scurlock asked Commissioner Wodtke how he wanted to
proceed and Commissioner Wodtke just wanted to have an atmosphere
where we can sit down and discuss this. He noted there are some
people who object to government restoring private property, but
he believed those people have tunnel vision because the beach is
one of the County's finest assets and we need to take a longer
range and broader approach to the problem than just beach renourish-
ment; we need a commitment for annual maintenance of the beaches.
Chairman Scurlock pointed out that at high tide there now
are no beaches in Indian River County.
Commissioner Bird wished to have the meeting with the City
advertised so that everyone could have the opportunity to look at
the new figures developed by Messrs. Gross and Attorney George
Collins who has been retained by the "Save Our Shores" group.
Chairman Scurlock stressed that our main priority should be
to keep the remaining structures from being washed away and then
address the beach renourishment.
George Gross explained that he met with the City and felt
that all the pieces are fitting together in order to determine
how the new funding formula would affect each property owner.
Chairman Scurlock informed him that Commissioner Wodtke has
the authority to go ahead and advertise a public hearing.
Ralph Sexton, owner of the Ocean Grill building and proponent
of the sand -pumping project thought the County had delayed action
59
NOV 2 8 1994 Boor - 59 PnF 59
� - J
r �
NOV 28 1994 BOOK 59 PACE 6�
long enough by playing footsy with Frank Zorc, who opposes beach
restoration. As a property owner and as a citizen, he demanded
the Board do something now and quit pussyfooting around.
Frank Zorc, responding to Mr. Sexton's statement, stated he
is not opposed
to beach restoration,
he is just opposed to
it
being paid for
with taxpayers' money.
He pointed out that
the
estimated cost for the Corps project has increased from $650,000
to over $1 -million. Mr. Zorc believed that local people should
have the right to vote on whether or not federal tax money should
be spend on such a project, not just city, county, or state
funds.
Chairman Scurlock informed Mr. Zorc that all these issues
will be addressed at the public hearing.
The Board thereupon recessed for lunch at 12:10 o'clock P.M.
and reconvened at 1:30 o'clock P.M. with the same members present.
CONTINUED DISCUSSION RE HUTCHINSON ISLAND RESOURCE PLANNING AND
MANAGEMENT PLAN COMPLIANCE EVALUATION
Chairman Scurlock reported that after considering various
ways discussed at last week's meeting to keep the barrier island
in Indian River County from being designated by the Dept. of
Community Affairs as an area of critical concern, he and Attorney
- Brandenburg came up with the approach of a resolution providing
for the suspension of development approval reviews until such
time as the County considers an interim moratorium to enable the
full evaluation of the effects of such development on the fragile
environment of Orchid Island. A public hearing would be advertised
to consider the adoption of an ordinance imposing a moratorium
for limiting further development on the barrier island to one
unit per acre. They discussed this with the appropriate agency
and received assurances that a positive recommendation might be
expected.
R,
Chairman Scurlock felt that Indian River County has a model
Comprehensive Land Use Plan, but obviously, there are questions
about the transportation element in regard to how many trips are
left on the bridges and roads on Orchid Island. The end goal to
is to contain ourselves within the existing plan and not reduce
the densities to one unit per acre over the long haul. The
approach that they came up with was one of trying to phase in
projects; to continue to accept and process and approve projects;
and to ask developers not to exceed one unit per acre on their
clustered first phase which would allow them some flexibility as
far as moving ahead. He stressed that the long-range solution to
the problem, obviously, is to work with the consultant who has
been hired to come up with a formal plan that is acceptable to
the DCA to provide the necessary infrastructure for further
development. With that in mind, he and Attorney Brandenburg
proceeded to draft a resolution and ordinance. The Chairman
noted that some of the language, quite frankly, was dictated by
the DCA.
Chairman Scurlock suggested that a series of workshops be
scheduled with staff, the County Attorney, and himself, to
consider every possible vehicle for improving the situation. He
stressed that this does not rule out our continuing efforts to
either seek an audience with the Governor, further discussions
with the DCA, or any other options that we might not have even
considered.
Attorney Brandenburg explained that the proposed ordinance
contains many whereas clauses that are necessary to justify a
moratorium to be put in place under Florida law. Section I on
Page 4 indicates the authority that the County has to adopt such
a moratorium.
61
1 • •
BOOK . 59 PAGE 61
BOOK 59 PAGE 62
Section II adopts for the purposes of the interim ordinance
the transportation section of the HIMP so that we do not have to
restate it completely in this ordinance since the DCA has indicated
that we must use those assumptions and trip generation rates as a
basis for the moratorium until such time as we can come up with
something better that they can approve from a technical standpoint.
Barton Ashmann & Associates have been hired to do just that and,
hopefully, within the next few months they will come up with
something the County can view as a better transportation plan for
the barrier island.
Section III defines the barrier island, development approval
and a residential unit.
Attorney Brandenburg advised that the real meat of the
ordinance is in Section IV, which indicates that no development
approvals for any projects on the barrier island shall be granted
by any of those boards or the County Commission at a density
which exceeds one residential unit per acre. It goes on to
indicate that when you consider the maximum density on a particular
piece of property, you view it on the gross acreage of that
property, which would then allow properties to be phased in under
the concept that Chairman Scurlock outlined earlier. For instance,
if the gross acreage was 100, a developer could put 100 units on
10 acres.as Phase I with the hope that at sometime in the future
the transportation network and plan would be in place to allow
them to go on to Phase II or III. He noted that this restriction
does not apply to projects that previously have received site
plan approval, final plat approval, or have gone through the
planning process and have achieved the level of obtaining a land
development permit.
Attorney Brandenburg advised that commercial land is not
affected by the restriction as it is categorized as a use that
does not generate traffic, but he suggested that when commercial
developments are reviewed in the future, consideration be given
to the trips that would be generated and where those trips would
62
be located in relation to the restrictions on the barrier island.
Section VI states that the duration of the moratorium is to
be until such time as the County completes its ongoing planning
analysis of the transportation, hurricane evacuation, and other
land use problems presently recognized on the barrier island,
adopts relevant Comp Plan amendments and zoning regulations to
address these problems, and receives approval of its local plan
amendment and zoning changes from the DCA. Section VI also
indicates that a development would not be allowed to proceed at
all if it seriously impacts a transportation link that is currently -
over capacity. If a developer wished to proceed in such a
project, he would have to show in some way that he has mitigated -
the trips that would be generated by that project.
Attorney Brandenburg explained that this ordinance has to go
through a special adoption process, and he recommended that the
Board initiate those adoption procedures immediately. He has
drafted a resolution that sets out the ground work to suspend
current review of development approvals in the interim until the
County considers the moratorium at a public hearing and recommended
that the Board adopt the resolution today and authorize staff to
advertise a public meeting.
Chairman Scurlock referred to the transportation planning
analysis and noted it is the intent of the Board to have the
results of that study as soon as possible. Hopefully, we will
find that additional trips are left and we can increase the
number of units allowed per acre.
Commissioner Bird understood then that this is an interim
step that will keep us out of jeopardy with the State and with
the HIRMP Committee but will allow some development to continue
until we can come up with an analysis that, hopefully, will
demonstrate the improvements that will allow us to develop the
63
A.M + 59 PAGE 63
N O V 28 1994 BOOK 59 PAGE 64-
barrier
4-barrier island in accordance with the densities shown on the Comp
Plan.
Chairman Scurlock agreed that the ultimate final solution is
having a vehicle in place for making the necessary improvements
so that we can go ahead and develop our master plan as written.
Attorney Brandenburg explained that the overall HIMP plan is
applicable to all the units of government in the planning area,
There was a determination made by the DCA that the City of Vero
Beach lands were already replatted , and as a result, they did
not have any undeveloped land remaining in area. Consequently,
these two particular requirements of the transportation part of
the plan do not apply to them. They do apply to Indian River
Shores, the Town of Orchid and all the other municipalities in
the planning area, and those cities have to take it on themselves
to comply with the plan. The actual wording of the plan states
that no development of any kind will be allowed to proceed in the
northern traffic zone until the DCA approves an allocation plan
for that whole northern area. The approach the County has taken
in the proposed ordinance is that there are 6500 trips available
in the northern district on the Wabasso Bridge and when you take
the amount of buildable acreage remaining in the northern district
and divide that into the number of trips, it comes out to a
number considerably less than one unit per acre. The intent of
the plan, which is evident in the way they have applied it to the
southern 3 district, is that even if you are over capacity, you
can still develop at one unit per acre. Therefore, what we are
saying is that while we presently are not over capacity, we are
going to put the restriction of one unit per acre on it now.
That, in effect, allocates all the available trips on the Wabasso
Bridge. The DCA's representative did not see anything wrong with
that approach, but could not actually approve it either.
Chairman Scurlock at this point recommended that we move
ahead with the resolution and ordinance, and asked for input from
those in the audience.
64
_ M
Jeannette Lier, representing the Town of Orchid, felt that
the Town of Orchid should do the same thing as the County and
suggested that the attorneys get together on this allocation.
Nancy Offutt questioned the "whereas" clauses in the proposed
ordinance and asked if they could be tempered just a bit to avoid
sounding like a guilty plea, but Attorney Brandenburg recommended
that they remain as presented.
Les Brockman of Longwood, Florida, asked for the sequence of
events leading up to the Hutchinson Island Resources Management
Plan, and Chairman Scurlock gave a brief review of the plan's
history.
Attorney Brandenburg explained to a gentleman in the audience -
that the HIMRP Committee was appointed by the Governor and has
been meeting for over one and a half years, and their report to
the Governor includes the recommendation that Indian River County
be included in the area of critical concern. That recommendation
will be submitted to the Governor and Cabinet on December 18th
and, in all likelihood, the Governor and Cabinet will at that
point authorize the DCA to commence the rule making process to
establish the barrier island as an area of critical concern.
Commissioner Bird asked if Attorney Brandenburg talked to
Bob Nabors, our legal contact in Tallahassee, to determine
whether December 18th would be the proper time for the County to
make our impassioned plea once again to the Governor and Cabinet
to exclude us from the designation.
Attorney Brandenburg reported that Mr. Nabors feels very
strongly that the State in pursuing their prosecution of this
point is really breaking all of our understandings of the agreement
we had with them; however, he recognizes that we ought to move
ahead with our interim measures as a safeguard. Attorney
Brandenburg stated that is why he is recommending these procedures
today. If something happens in the interim where we
65
OV 2 8 1984 aooK - 9 Fe,;F 65
N 0 V 28 1984 BooK 59 F-nF 66
can all feel comfortable that these requirements are not going to
be imposed on this county, then we could just withdraw the
resolution and the ordinance and go about business as we have
done in the past.
Ben Bailey urged the Board to go to Tallahassee to consult
Mr. Nabors on this matter because he felt that if we just roll
over and play dead on this matter, it is going to happen to us
again in other areas. He recalled that on their previous trip to
the capitol, he thought they had won an exclusion from the
designation, as they had presented extensive information and
evidence that Indian River County has made satisfactory progress
in implementing the HIMP, only to find out now that we are to be
included in the designation.
William Stewart, attorney representing Vero Beach Trading
Company, asked why the line is being drawn at site plans that
have received final approval as opposed to those that have simply
been filed. He also noted that the resolution essentially stops
the process of site plans that have been filed with the Planning
Dept. and are presently under review. He pointed out that Vero
Beach Trading Company has been working for a long time with the
Planning Department on a site plan, and now they are stopped
cold.
Attorney Brandenburg answered that this does not apply to
projects that have received final development approval, and if
the Vero Beach Trading Company has received that, they do not
have any problem. He continued to explain that this Commission
has to live by the new requirements of one unit per acre, and if
we continue to review and process plans, the DCA will find us in
violation of the provisions of the HIMP.
Attorney Stewart certainly felt that the DCA understands the
basic concepts of vesting and thought that when a plan has been
filed prior to the time that the Commission takes action, that it
should be distinquished from the plans that have just been rushed
to the County Commission at the last minute.
66
M M r
Attorney Brandenburg pointed out that everyone has the same
opportunity, and Chairman Scurlock felt that after considering
all alternatives, this was the fairest one of all, and noted that
these problems would be considered at the workshops.
Commissioner Wodtke felt the vested issue was going to be
there in any event, and even though he certainly is not in favor
of moratoriums, we must face the issue, and he believed this is
the fairest direction to take.
Chairman Scurlock emphasized that it is not and never has
been the Commission's intent to reduce the densities in the Comp
Plan on the barrier island; however, it is their intent to
provide the necessary infrastructure and the transportation study
that will document that we can develop at those levels.
Les Brockman asked Attorney Brandenburg what would occur if -
one of the municipalities decided not to adopt this plan, and
Attorney Brandenburg explained that they would then be designated
by the DCA as an area of critical concern and be forced to adopt
the same regulations. The DCA then would have greater control
over the area because any development that occurs in that area
must not only get the local government's approval, but the DCA's
as well, with the Governor and Cabinet sitting as the adminis-
tration commission in some instances.
Steve Henderson, local attorney, believed that the proposed
ordinance contained a pretty clear statement about what was
exempted in terms of approved site plans, but asked for a clari-
fication as to how this would affect a developer who has an
approved site plan and wished to either modify it or seek
extensions on it.
Attorney Brandenburg felt that if the modifications did not
increase the densities, the ordinance would not apply to any
modifications or extensions.
Attorney Bill Caldwell asked whether the State would stop
the rule-making process if this resolution is adopted, and
Attorney Brandenburg advised that if we adopt this resolution and
67
Nov
I 8 IgA`? BOOK .. HPs:GE 67
NOV 28 1984
BOOK 59 WF.
put it into effect, we are going to hand carry it up to the DCA,
wave it at them, and tell them we are well aware of what they
want and that they are wasting their time trying to develop all
these rules for us. This may stop the process, but he suspected
that they would not stop the process until the ordinance is
actually adopted. He noted that the County Commission also has
• to adopt a resolution by January 11th indicating how they are
going to address other areas in the plan such was wastewater,
potable water, etc.
Commissioner Wodtke asked what assistance we are receiving
from our legislative delegation and Chairman Scurlock reported
that they are going to meet in Indian River County in January and
we should make our concerns clear to them at that time.
Attorney Brandenburg explained that the state legislature
has the power to overrule this designation, but it is.very
unlikely that would happen.
Nancy Offutt asked if the PRDs was passed, could they be
utilized on these properties, and Attorney Brandenburg thought
that would be a good way to accomplish the phasing.
Mrs. Offutt also asked if density transfers in the PRD would
still be applicable and Attorney Brandenburg did not believe the
HIMP designates the environmentally sensitive area as being
buildable acreage.
Arthur Perruzzi, President of the Board of Realtors, asked
about the taxing procedures on the property affected by the
moratorium and Chairman Scurlock felt that was of tremendous
concern. He viewed it as an opportunity to work together as he
certainly did not want the County to lose any tax base.
Tom Hargett asked about water and sewer being contingent
upon the HIMP, and Chairman Scurlock explained that they are
included in the plan, but basically, the Commission, as well as
the DCA, feels those matters will be less difficult to handle.
:
7_ J
Ed Schlitt inquired about the County enclaves in Indian
River Shores and Attorney Brandenburg confirmed they would be
treated in the same manner as they are now.
Mrs. Lier asked how this would affect Bay Tree, and Attorney
Brandenburg explained that they have already received all their
development approvals for their current project and this ordinance
would not apply. In respect to the traffic count, it would
remain in the same zone.
Chairman Scurlock stressed that the planning workshops will
address any and all possible solutions to these problems.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
adopted Resolution 84-101, providing for the
suspension of development approval reviews until
such time as the County considers an interim
moratorium to enable the full evaluation of the
effects of such development on the fragile
environment of Orchid Island.
Attorney Brandenburg suggested that we immediately take
out a one-half page newspaper advertisement indicating the
County's intention to adopt this ordinance on a certain date and
then follow up with the normal advertising procedure. This would
alert any developers who might not have heard about a possible
moratorium.
ON MOTION by Commissioner Bowman, SECONDED
by Commissioner Bird, the Board unanimously (4-0)
authorized staff to advertise for a public hearing
on the moratorium ordinance.
BOOK - 9 PAGE 69
I
NOV 28 1984 BOOK 59 PAGE 70
RESOLUTION NO. 84-101
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR THE SUSPENSION
OF DEVELOPMENT APPROVAL REVIEWS UNTIL
SUCH TIME AS THE COUNTY CONSIDERS AN
INTERIM MORATORIUM TO ENABLE THE FULL
EVALUATION OF THE EFFECTS OF SUCH
DEVELOPMENT ON THE FRAGILE ENVIRONMENT
OF ORCHID ISLAND.
WHEREAS, Orchid Island in the unincorporated areas of
Indian River County harbors a highly dynamic and ecologically
sensitive coastal ecosystem, which is of substantial economic and
ecological importance to the Treasure Coast Region and the State of
Florida, and
WHEREAS, the Atlantic beaches and dunes on Orchid Island
represent one of the few remaining naturally functioning
beach -front systems in the southeast Florida region, and
WHEREAS, Orchid Island in the unincorporated area of
Indian River County harbors some of the most biologically
productive and expansive wetlands in the southeast Florida region,
and
WHEREAS, portions of the waters of the Indian River
bordering the western boundaries of Orchid Island in the
unincorporated areas of Indian River County have been recognized by
the State of Florida as:
(a) An "Aquatic Preserve" harboring exceptional areas of
submerged lands and associated waters which should be set aside
and maintained in their natural or existing condition for the
benefit of future generations;
(b) "Class II Florida Waters" signifying their present
and future most beneficial use is to provide for the harvesting of
shellfish; and
(c) "Outstanding Florida Waters" affording the highest
State protection, and
WHEREAS, the unincorporated area of Orchid Island in
Indian River County is presently served by limited public water and
sewage facilities, and
a � �
WHEREAS, the unincorporated area of Orchid Island in
Indian River County is served by three bridges, two in the City of
Vero Beach and one at Wabasso, and
WHEREAS, the existing plus approved development in the
unincorporated area of Orchid Island in Indian River County will
place the existing transportation facilities at, and in some
instances, above capacity, creating serious health and safety
problems including traffic congestion and evacuation concerns in
case of hurricane, possible degradation to waters of the Indian
River, the beach -front systems, and the wetlands of Orchid Island,
and
WHEREAS, on October 8, 1982, Governor Bob Graham, as
Chief Planning Officer of the State of Florida and in recognition
of the environmental and economic treasures of the area, and its
serious transportation and other public facility problems, pursuant
to Section 380.45, Florida Statutes, appointed the Hutchinson
Island Resource Planning and Management Committee ( "the Committee")
for the Hutchinson Island area, based upon a recommendation
received from the Treasure Coast Regional Planning Council, and
WHEREAS, the objectives of the Committee were to organize
a voluntary, cooperative resources planning and management program
to resolve existing, and prevent future problems which may endanger
the area's resources, and
WHEREAS, the Committee developed the Hutchinson Island
Resource Management Plan and formally adopted the Plan on October
6, 1983, which recognized the environmental and economic treasures
of Orchid Island, its existing development patterns, and the
transportation, land use, and hurricane evacuation problems, and
recommended specific solutions, and
WHEREAS, on September 25, 1984, the Indian River County
Board of County Commissioners, in recognition of these present land
use, transportation, and hurricane evacuation problems in the
unincorporated areas of Orchid Island in Indian River County
BOOK ' t'9 71
I
�r 9;
BOOK 5 -9 F':CE 72
and in an effort to assure they are addressed and the
appropriate Comprehensive Plan amendments and zoning regulations
are adopted to correct these problems, initiated a study to analyze
existing land uses, transportation conditions, and hurricane
evacuation conditions, and to recommend proposed planning and
zoning changes to insure correction of the health and safety
problems on the
Island
and the implementation
of recommendations of
the Hutchinson
Island
Resources Planning and
Management Committee
Plan are met, and
WHEREAS, the Committee readjourned on September 27, 1984,
to evaluate each local government's compliance with the Management
Plan and found partial compliance with the Plan in Indian River
County, noting certain deficiencies particularly with respect to
the transportation system, and
WHEREAS, the Florida Department of Community Affairs
indicates that to fully comply with the Hutchinson Island Resource
Management Plan, the County will conduct a full transportation and
public improvements study, to be approved by the Department of
Community Affairs and fully implemented by the County, and that in
the interim:
(a) Where minimum traffic standards are already exceeded
on the principal transportation system (as defined in the Plan),
which would be impacted by development, the following development
restrictions shall apply: Until such local government receives
approval of its local transportation plan from the Department of
- Community Affairs, no additional residential development shall be
approved at a density in excess of one residential dwelling unit
per buildable acre.
Approval
by DCA shall
be limited to a
determination that the
plan is
consistent with
the Principles of
the Hutchinson Island
Plan and
is technically
sound. DCA shall
make an approval or disapproval determination within 30 -days
receipt of the plan.
(b) In any unit of local government where excess capacity
exists on the principal transportation system no additional
development shall be approved until the effected local
goverments have submitted a plan to DCA for allocation of the
remaining units and until DCA has reviewed and commented upon said
plan. Affected local goverments shall submit an allocation plan
with 60 -days receipt of the Hutchinson Island Resource Management
Plan. DCA shall review and comment on the allocation plan within
30 days of receipt, and
WHEREAS, the Committee and the Florida Department of
Community Affairs have recommended that the procedures be initiated
to designate the planning area as an area of critical State
concern under Florida Statutes Section §380.5 et seq., unless the
local governments within the planning area come into full
compliance with the Plan, and
WHER-EAS, the Board of County Commissioners of Indian
River County has instructed the County Attorney to develop and
immediately begin advertising an ordinance imposing an interim
moratorium to assure that the distribution, location, and intensity
of future development of Orchid Island shall not cause health,
safety or welfare problems by exceeding the efficient use of the
principal transportation system, during this study period, and
WHEREAS, the processing and review of development
requests, between the time of adoption of this Resolution and the
time the County Commission considers the interim moratorium
ordinance, on the remaining buildable acreage in the unincorporated
portions of Orchid Island, without the expansion of public
facilities, including the potential need for another bridge, will
cause health and safety concerns including severe traffic
congestion and evacuation problems in the case of a hurricane or
other emergency, and may substantially and deleteriously degrade
the waters of the Indian River, the beach -front system and the
wetlands of Orchid Island and frustrate the purpose and intent of
the Hutchinson Island Resource Planning and Management Committee
and the proposed interim moratorium, and
WHEREAS, the County would be remiss in its duty to
protect the health and safety of the present and future residents
of Indian River County if it were to take action on such
NOV 28 19�Q BON U
B�o 59 F,AUE 74
development approvals without full knowledge of the effects of such
development on Orchid Island, particulary with respect to the
Orchid Island transportation network which is now under study.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The foregoing recitals are adopted in full.
2. The County will not review request for development
approvals falling within the provisions of Sections 4 and 6 of the
attached draft interim moratorium ordinance from the date of
adoption of this Resolution until the attached draft interim
moratorium ordinance is finally rejected by the County Commission
at a public hearing, or if adopted, the moratorium imposed duly
expires by virtue of the terms of this ordinance.
3. This Resolution shall take effect immediately upon
adoption by the Board of County Commissioners of Indian River
County, Florida.
The foregoing resolution was offered by Commissioner
Bowman who moved its adoption. The motion was seconded by
Commissioner Bird and, being put to a vote, the vote
was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice Chairman Patrick B. Lyons Absent
Commissioner Richard N. Bird Aye
Commissioner William C. Wodtke, Jr.Ayee
Commissioner Margaret C. Bowman Ay
eye
Chairman thereupon declared the resolution duly
passed and adopted this 28th day of November , 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By /
�,
Don—C. Sc rlock, Jr ,
Chairman
r _ � •
Attest
Freda WrighV, Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY-:�
M
ar . nra°naenburg,
ou Attorney
ADDITION TO THE AGENDA
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
added to today's Agenda the matter of emergency repairs
to damage resulting from the Thanksgiving Day storm.
Administrator Wright reviewed the following letter from the
Building Director and explained that staff needs authorization to
suspend the normal process for permitting emergency repairs.
TO: Michael Wright DATE: November 28, 1984 FILE:
County Administrator
�1 GSC
�9
%ss�o GiyryO
,91 1Lg�5��'
FROM: Ester Rymer
Building Dir c
SUBJECT: Emergency procedures
to repair Storm Damage Seaward
of the Coastal Construction
Setback line
REFERENCES:
The Indian River County Code provides procedures for structures east of the
coastal construction setback line. In the main, these procedures require that
approval be granted by both the Board of Adjustment and the State of Florida
Department of Natural Resources. The approval procedures by the Board of Ad-
justment.are rather lengthy in that they require notice at least seven days
prior to:a public hearing. However, pursuant to Section 3(8)(g) during periods
of emergency such as hurricanes or severe storms provisions of Appendix A -
Zoning may be temporarily suspended by the Board of County Commissioners.
In view of the recent severe storm and the potential for further damage it is
recommended that the provisions of Appendix A -Zoning be temporarily suspended
to allow any construction, reconstruction, or repair east of the coastal
construction set back line that has been approved by the Department of Natural
Resources by the issuance by the DNR of an administrative or emergency permit
to be done without recourse to the Board of Adjustment. All other construction
would go through normal code procedures.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously
authorized staff to suspend the normal permitting
process for making emergency repairs and follow the
guidelines set by the State for emergency repairs
needed as a result of the damage caused from the
Thanksgiving Day storm.
75
NOV 2 8 1984 BOOK .75
PIP—
N OV 28 1984 BooK 59 rAGUE 76
Chairman Scurlock requested Administrator Wright to
establish a uniform administrative procedure process for these
repairs and Administrator Wright stated he would bring back a
full report on what was done, but needed the go ahead now.
DOCUMENTS TO BE MADE PART OF THE RECORD
Resolution 84-98, adopted at the meeting of 11/14/84:
76
M
M
RESOLUTION NO. 84-98
WHEREAS, Paul Palmiotto arrived in the Vero Beach area
in March, 1980 to serve as the Urban -County Forester under the
Division of Forestry of the Florida Department of Agriculture and
Consumer Services; and
WHEREAS, during the past four and one half -years, Paul
Palmiotto coordinated or lent guidance to countless
beautification, landscaping, and tree protection projects
throughout every part of Indian River County, in addition to
providing thousands of hours of personal assistance and education
to individuals on forestry -related matters; and
WHEREAS, the evidence of Paul Palmiotto's contribution
to the public can be best experienced by traveling through the
arboreous splendor of many of this area's public parks, school
grounds, and major transportation corridors; and
WHEREAS, Palm Palmiotto's untiring commitment to
educating the public in his field has earned him state-wide
recognition and a promotion to become Forestry Programs
Administrator for the State Division of Forestry in Tallahassee;
and
WHEREAS, it is altogether fitting and proper for the
Board of County Commissioners of Indian River County, Florida on
behalf of all citizens in the County, to formally commend Paul
Palmiotto for his professional achievements and his contribution
to the vigor and beauty of the urban forest within which we
all reside.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the foregoing
recitals are affirmed and that sincere appreciation and best
wishes for success are extended to Paul Palmiotto, "The Urban
Forester," for his years of effective public service and for a
visual legacy which will surely grow more splendid and satisfying
as the years progress.
The foregoing resolution was offered by Commissioner
Bird who moved its adoption. The motion was seconded by
Commissioner Bowman and, upon being put to a vote, the vote was
as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Patrick B. Lyons Absent
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 14th day of November , 1984.
/
Attest.%,.�ii�(� 1��1 �3,
FREDA WRIGHTLJ
Clerk
APPROV AS TO FORM
AND S FFICIENCY
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COUNT ATT RNEY ASST:
1 4 : '
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By /
DON M SCURL CR, JR.
Chairman
BOOK a F'„E 77
BOOK 59 pmJE 78
The several bills and accounts against the County having
been audited were examined and found to be correct were approved,,
and warrants issued in settlement of same as follows: Treasury
Fund Nos. 13708 - 14516 inclusive. Such bills and accounts being
on file in the Office of the Clerk of the Circuit Court, the
warrants so issued from the respective bonds being listed in the
Supplemental Minute Book as provided by the rules of the Legislative
Auditor, reference to such record and list so recorded being made
a part of these Minutes.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 2:50 o'clock P.M.
ATTEST:
Clerk Chairman
78
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