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Home My WebLink About12/5/1984Wednesday, December 5, 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, December 5, 1984, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Richard N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Absent was Patrick B. Lyons, Vice Chair- man, who was recuperating from surgery. Also present were Michael J. Wright, County Administrator; Gary Brandenburg, Attorney to the Board of County Commissioners; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order. Reverend Stan Sanford, First Baptist Church, Wabasso, gave the invocation, and Administrator Wright led the Pledge of Allegiance to the Flag. ADDITIONS OR DELETIONS TO THE AGENDA Administrator Wright requested that Item 12 - Water Master Plan Contract - be delayed one more week and deferred to the next Agenda. Attorney Brandenburg wished to delete Item 13A - Authorization to advertise Public Hearing for SR 60 Wastewater Project Equalization Hearing - and add in its place a discussion in regard to the Hutchinson Island Resource Management Study Committee's recommendation re designating us an area of critical concern. Commissioner Bowman requested that a discussion re Quay Dock Road be added under her items. Commissioner Bird requested that two matters be added under his items - a brief report on a recent meeting of the Indian River County Fairgrounds Board of Directors and a discussion in regard to some emergency repairs needed at the Indian River County Library parking lot. DEC 51984 809K t519 .CE 79 BOOK 59 FAU 80 Commissioner Wodtke wished to add under his items a discussion re beach erosion. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, Commissioner Lyons being absent, the Board unanimously (4-0) added and deleted agenda items as requested above. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of November 8, 1984. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (4-0) approved the Minutes of the Special Meeting of November 8, 1984. CONSENT AGENDA Commissioner Bowman requested removal of Item C from the Consent.Agenda for discussion. ,,A. Authorization for Out -of -County Travel ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) approved out -of -County travel for Commissioners and members of County staff to attend the Florida - Paradise Regained - It can be Done Conference in Tampa, February 14-16, 1985. B. IRC Bid #226 - Road Striping - Edgelines The Board reviewed staff memo, as follows: 77 TO -Board of County Commissioners THRU: Michael Wright County Administrator DATE: November 27, 1984 FILE: SUBJECT: IRC BID #226 - Road Striping-Edgelines FROM: REFERENCES: Carolyn odrich, Manager Purchasi g Department 1. Description and Conditions Bids were received November 27, 1984 at 11:00 A.M. for IRC #226 - Road Striping- Edgelines for the Traffic Engineering Department. 10 Bids were sent out, 4 Bids were received. 2. Alternatives and Analysis The Traffic Engineering Department does not have sufficient personnel, nor is it economical to use our equipment for all the road striping that needs to be done. The low bid was submitted by Florida Striping, Inc., Melbourne, F1., in the amount of $11,100.00. Work would be started 2 weeks after award of bid. 3. Recommendation and Funding l It is recommended that IRC #226 be awarded to the low bidder, Florida Striping. Funds are budgeted in Account #111-245-541-35-35. BOARD OF COUNTY COMMISSIONERS 1840 251h Street Vero Beach, Florida 32960 BID TABULATION BID NO. DATE OF OPENING IRC $226 Nov. 27, 1984 BID TITLEoad Striping - Edgelines �0 4 A s c -CE A -V C All Foo c,°oyem ��oj�° my }ro IT " MEN DESCRIPTION ND UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRI _ 1. 69th St. 26.240 LF 45th �t 10.21 3. Old Dixie (S. Co. Line to 16th 53,160 LF 4. Old Dixie (US L to CR 510) 63.L00 F 5. 66th Ave. 68,000 LF 6. CR 512 27,670 LF Total 12652 42 12371 26 11100 00 11246 60 Earliest date to start work 10 dLYS after ft., Jan notice to aard Y AIg 4 per e f erf 3 DEC s 1994 59 F►.�� 01 DEC 1984 BOOK 59 FfAU S2 ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) awarded Bid #226 for Road Striping and Edgelines to the low Bidder, Florida Striping, Inc., in the amount of $11,100, as recommended by staff. c° C. Budget Amendment - Road Improvements Projects The Board reviewed the recommendation of the OMB Director, as follows: TO: Board of County Commissioners DATE: November 28, 1984 FILE: SUBJECT: Road Improvements Projects Q�� FROM: Jeffrey K. Barton, REFERENCES: OMB Director The following budget amendment is to allocate the funds to pay for the improvements at S.R. 60 & 43rd Avenue.to a project account. Account Title Reserve for Contingencies Transfers Out Transfers In Traffic Signs/Signals Account No. Increase 109 -199-581,t99,91 109-19.97581-99.21 12,500 1117000-381-20,00 12,500 111-245-541-35,36 12,500 Decrease 122500 Commissioner Bowman had a question about what exactly had been done at that crossing with over $12,000. OMB Director Barton explained that we upgraded the traffic signal, and there wasn't a budget account to pay for the improvement; so this is allocating money from the 5th & 6th Cent Gas Tax Fund to pay for it. 4 -I Commissioner Bowman asked what the upgrading consisted of, and Administrator Wright explained that it related to controlling of the intersection. The improvements actually are in the silver box at the side of the road, which has the controls for the signal light. It was felt it was a great improvement and that as a result of the changes made, the traffic is moving better. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved the above budget amendment for improvements at SR 60 and 43rd Avenue. STATUS REPORT - MEDICAL EXAMINER BILLS The Board reviewed memo of the OMB Director, as follows: TO: Board of County Commissioners DATE: November 28, 1984 FILE: Cg�' FROM: Jeffrey K. Barton, OMB Director SUBJECT: Medical Examiner REFERENCES: We are in receipt of an invoice from Dr. Walker for autopsies performed during the month of October, 1984. The fee charged by Dr. Walker for an autopsy is comparable to the fees charged by Drs. Rogers & Cox. However, we have also received invoices from various Funeral Homes for transportation costs ranging from $75.00 to $161.00. (Copies of the invoices are attached for your review.) Please advise as to your direction concerning the payments to Dr. Walker. Do you want us to try to contract with a specific Funeral Home to handle all the transportation or do you want to leave it as it is now. OMB Director Barton informed the Board that the basic bills for autopsies are $400 apiece, the same as quoted by Drs. Rogers and Cox; however, now all the autopsies are being done in Fort Pierce and we are receiving additional charges for transportation of the bodies. 5 ` DEC 5 1984 �acK `'U'� r"' E "") J Fl - DEC 5 1984 BOOK 5,9 84 Discussion ensued regarding contracting for that service in order to realize some cost savings, and OMB Director Barton stated that his recommendation would be to go out for a fixed charge for the round trip and have a contract. Commissioner Bowman suggested a possible Motion author- izing staff to advertise for bids for the service discussed and specify that they not necessarily use a hearse for the transportation. Administrator Wright pointed out that this is a bit more complicated than just hauling a body, and the Chairman agreed the problem is security as related to submitting evidence, etc. In further discussion it was noted that this does not involve just unidentified bodies, but unattended deaths, and Commissioner Wodtke pointed out that the police can't select the funeral home, that is up to the family. Administrator Wright agreed there are quite a few complica- tions involved, and staff will look into it. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) authorized staff to investigate the above matter and bring recommendations back to the Board. DISCUSSION OF SPACE IN DOWNTOWN AREA AVAILABLE FOR COUNTY OPERATIONS General Services Director "Sonny" Dean made the staff presentation, as follows: 6 TO: The Honorable Members of DATE: November 27, 1984 FILE: the Board of County Commissioners THRU: Michael Wright SUBJECT: Available space for County County Administrator Operations in Downtown area H. T. "Son Dean FROM: General Servi es Director REFERENCES: The Board of County Commissioners has requested staff to investigate the availability of space in close proximity of the Courthouse to expand County Operations. In accordance with this request, the following facts and recommendations are hereby submitted. Using data extrapolated from the 1983 Frizzell Architect's Court Component Study, the following space requirements were developed. OFFICE PRESENT 1985 INCREASE 1990 INCREASE State Attorney 2,880' 3,500' 620' 5100' 1600' Public Defender 1,200- 1,400- 2001 24001 1000' Sheriff's Office 2,830' 2,830' -0- 3630' 800' Clerk 12,500' 13,250' 750' 13,850' 1350' 1,570' 4,000' The total net increase by 1990 is 5,570 square feet. Based on this study, staff felt that a minimum length of planning time should be ten (10) years or twice the anticipated space needs for 1980. Using the above anticipated space requirements as a base, all available property in the downtown area, within reasonable distance from the courthouse, was located on the attached map and labeled by parcels for identification purposes. The owner and assessed property value was ascertained by the Indian River County Property Appraiser's Office. An attempt.was made to locate each owner and determine if their property was for sale or rent. Schedule I outlines the results of this investigation. SCHEDULE I Parcel A Owner is Robert Jackson. This is one lot measuring 50'X125' and has an attorney's office building located on it with 2650 square feet. Mr. Jackson was contacted and advised he did not especially want to sell but would be willing to negotiate should the County decide to buy. He did want to work out a lease -back arrangement for a couple of years. The assessed value of this parcel is $81,940. 7 DEC 51V 80OK 59 PAGE 85 I D E C 5 1994 BOOK 59 F;4F� Parcel B Owner is Chester Clem and Robert Jackson. This lot measures 50' X 125' and contains an old dwelling house that has been divided into two apartments. The owners have stated the selling price to be $65,000. The assessed value is $43,040. Parcel C Owner is Chester Clem. This lot measures 50' X 125' and contains an office building of approximately 3,000 square feet. Mr. Clem has stated he is interested in selling the property and suggested a price of $185,000. The assessed value is $126,800. Parcel D This is the parcel of property that contains the Pocahontas Building. Total measurement of the lots is 125' X 115'. The building has 26,903 square feet usable space in it. Mrs. G. L. Maher, owner was contacted for possible sale and she is asking $580,000. Assessed value of the property is $279,380. Parcels E & F These two parcels belong to First Federal Savings and Loan. Parcel E contains their bank building with a gross area of 19,254 square feet that they have indicated was for sale. The asking price is $885,500 for both parcels. An appraisal on the property was made by Richard Wagner, MAI, within the past three months. The assessed price of Parcel E is $518,060. Parcel F is their parking lot with 26,000 sqaure feet which is presently under lease to the City of Vero Beach for approximately nine (9) more years or until January 21, 1993. The total assessed value of this parcel is $13.5,000. Total assessed value for both parcels is $653,060. Parcel G This parcel consists of two lots 100' X 125' which joins the county parking lot north of the Courthouse property. It is owned by Mr. A. B. Barkett, Jr. and is assessed at $56,470. Parcel H This parcel consists of one lot 50' X 125' and is located north of Parcel G. The assessed value is $26,350. It is owned by Evelyn Neville. Parcel I This parcel consists of one lot 50' X 125' located north of Parcel H and is assessed at $24,980. It is owned by William Howard. Parcel J This parcel is located north of Parcel I on the corner, which _ is 40' X 1251. It is owned by Charles Steinfurth with an assessed value of $28,510. Parcel K This parcel is located directly west of the Courthouse Annex and consists of four (4) lots 100' X 250' with a total assessed value of $110,510. It is owned by Bob Brackett. He has informed us this property is for sale or lease, but has not assigned a price to it. Mr. Brackett also advised he has office area for lease which is on Old Dixie and would be glad to negotiate should we desire. Parcel L This parcel is two lots 100' X 125' which contains Title and Trust Company of Florida building with an assessed value of $204,580. Parcel M This parcel is two lots 100' X 125' which contains the Vero Beach Woman's Club and has an assessed value of $68,330. Parcel N This parcel is three lots 150' X 125' which contains part of the First Baptist Church and has an assessed value of $251,660. Parcel O This parcel is a full block 250' X 350' which belongs to the First Baptist. Church. Parcel P This parcel consists of two lots 100' X 125' and has an assessed value of $142,460. It is owned by J. Ellis Crosby and contains a convenience store with another small business. Parcel Q This parcel consists of two lots 100' X 125' and has an assessed value of $169,420. It is owned by Evelyn Neville and contains commercial buildings. 8 Parcel R This parcel is one lot 50' X 125' with an assessed value of $29,710. It belongs to Emily Sappington and contains a commercial building and parking lot. Parcel S This parcel is two lots 100' X 125' with an assessed value of $242,,860. It belongs to Dorothy Albrecht and contains commercial buildings. Parcel T This parcel belongs to the City of Vero Beach and is the Community Center. The assessed value is $616,100. Parcel U This parcel is Pocahontas Park which belongs to the City of Vero Beach and has an assessed value of $505,010. Parcel V This parcel is approximately two and one-half lots. It contains the old First Banker's building. It is owned by Max Lawing who stated he was not interested in selling. The building has about 24,000 square feet and has a total assessed value of $253,900. There is no parking available with the property. Mr. Lawing advised he would be interested in leasing the building for $4200 per month and thought some parking might be available on Parcel W across the street. The building will be ready for occupancy in the first quarter of 1985. Parcel W This parcel belongs to First Bankers of Indian`River County. They are using it for a parking lot. It has an assessed value of $23,420. - Parcel X This parcel consists of two lots 50' X 115' which contains one building for Vero Furniture Mart. It is owned by J. J. Schumann, leased to Max Lawing and has an assessed value of $87,310. Parcel Y This parcel consists of three lots 75' X 115' which contains one building for Vero Furniture Mart. It is owned by Max Lawing and has an assessed value of $175,450. Mr. Lawing is not interested in selling. Parcel Z This parcel consists of 3 lots 75' X 125' and belongs to the City of Vero Beach. It is used as a parking lot and assessed at a total value of $45,350. This list is not inclusive of all available properties in the downtown area. Staff requests recommendations as to what other avenues need to be pursued. The City of Vero Beach Planning Department was contacted in reference to off-street parking requirements. At the present time, there is no regulation regarding off-street parking. However, the staff was informed of a study addressing this issue and it may be acted on by the City Commission within the next six months. The proposed requirement would be three (3) parking spaces minimum plus one (1) parking space for every 300 square feet. Staff feels off-street parking should be given consideration no matter the choice of location. Based on the above data emphasis was placed on a location, with or without structure, to house a minimum of 15,000 square feet and provisions to accommodate some off-street parking. Realizing the Frizzell Study anticipated an additional space need of 11,000 square feet a "fudge factor" was inserted to be sure enough room was available during the ten year period. NEW CONSTRUCTION COSTS In order to ascertain an approximate cost of construction for a building to meet our needs the contractor for the new Univest Building was contacted. He advised the cost to construct a similar building was approximately $90 to $100 per square foot for finished construction. The total cost to construct the ninety space parking lot at the Tracking Station was $95,900 or $1,065 per space. This price includes landscaping and irrigation. 9 DEC 5 1984 BOOK - 59 PAGE 87 F" -- DEC 1984 . . 5 RECOMMENDATION BOOK 59 PACE 88. Based on all the data received and considering the price of land, construction and parking lot, staff feels the best alternative would be to buy the First Federal Savings and Loan building and parking lot at a negotiated price of something less than $885,500. This would not only allow the required office area and parking but due to the inside configuration, a courtroom could be constructed at a reasonable cost at some later date. Commissioner Wodtke questioned the figures shown for the Clerk and how they are subtracted. He felt the totals are right but the figures are wrong. The Administrator believed he understood what Mr. Wodtke was saying and that the figures are about 50' off. General Services Director Dean reported that staff basically is asking for some guidance as to how the Board wishes them to proceed. Chairman Scurlock expressed concern about the requirements of the City of Vero Beach re parking space. They have an ordinance that is moving forward, and we need to know if the older facilities will be grandfathered in. The Chairman further noted that it now appears that the First Bankers Building also is being offered. He did not want to put the County in the position of identifying what our priority is, but would prefer to identify three options and have staff negotiate. Director Dean agreed. He noted that he has shown,the asking prices, but believed they all are negotiable. Commissioner Wodtke noted that staffs memo contains a great deal of information to digest, but remembering what we went through with renovation of the Courthouse, etc., and especially with a very special type use in mind, he felt we need to have some idea of what it would cost to renovate some of these older buildings for courts and provide for the additional parking the courts would generate. Administrator Wright believed with the First Federal Building, the advantage is that you have vacant land and you can go up. 10 1 Commissioner Wodtke asked what the City is paying to lease the parking lot, and Administrator Wright believed it is in the vicinity of $6,000 a year, and the lease has nine years to run. It was noted that the Bank owns part of the parking lot and two parcels are owned by the City. Commissioner Bird felt we have two options here re addi- tional parking for future facilities and present facilities. He would like to see us acquire additional land around the Courthouse for additional parking, and then see what we can do about acquiring office space. He further noted that he had requested the Administrator to draw up a map of_the land we have available in the vicinity of the Administration Building. Administrator Wright reported that the County owns almost two blocks in this vicinity. A Commissioner Wodtke agreed that First Federal with the parking lot is probably top of the list, but felt that Parcel K with four lots that run all the way through that block could be very valuable for additional parking. Chairman Scurlock believed that staff is hearing the Commission say we are very interested in the three options first presented and want staff to move ahead and come up with more concrete numbers in regard to renovation, acquisition, etc. He noted that First Federal building they want to continue to lease for a period of time and this will bring in revenue. Administrator Wright informed the Board that the States Attorney calls him almost weekly for additional space; there is pressure. Commissioner Bird noted that the old building on the corner of Old Dixie and 19th St. behind Morse's Office Supplies probably can be leased because the Merchant's Credit Bureau is moving into Anthony's old store. He felt one further option is that shortly we probably will be contacted by people who are willing to buy and renovate to suit. 11 a;jcK. - - � A DEC 5 1984 BOCK 50 FAE 00 Commissioner Wodtke asked if the Board felt one Commissioner could work with staff on this because he would be glad to offer his assistance. Chairman Scurlock authorized Commissioner Wodtke to work with staff on the matter of finding suitable space in the downtown area and directed staff to proceed as discussed and come back with options, more information, and more definitive numbers. - V REZONING - TO C-2 (HOLMES/90TH AVE. PARTNERSHIP) - E. O'NEILL The hour of 9:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter CAP.-W.1e in the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed bef re me is day of �D. 19_ %► , ylsiness Manager) (SEAL) (Clerk of the Circuit Court, j�Jn ian River County, Florida) NOTICE PUBLIC HFJUtIN4 .. *ioke of hearing to consider the adoption of a -County ordinance rezoning land from C-1, Commercial District to C-2, ;Heavy Commercial District. The subject property is presently owned by -Eugene P: O'Neill., Trustee and' Is- located westbf 90th Avenue, east of 1-95, south of Stale Road 60 and north of 16th Street, extended, The subject property is described as:- ,d.` J' ri,.All of Tract 16, lying East of 1-95 in Set#" tion 3; Township. 33 South„ Range, 88.,p,. ' East, according to the last general prat of' ' >.lands. of. the. Indian River Farms Corns,+° g�-pany as,filed¢a,.Plat Book 2, page2$,..,1 Public Records of St. Lucie County Fior- . 9'ida, LESS AND EXCEPTING the Nortft I" 9.03 acres thereof, said land now situatta,r'•,:.- in Indian River County ' Florida. Contal =N i. Ing 20.63 acres not, less tights of wy; .:,,,more or l s BSS. A _public hearing ,at which parties in interest and citizens' shall have an opportunityito' be heard, will be held by the Bo of Countyt Com- missioners of an,River County,Florida; in the County Commisslrldiion Chambers of the County Administration Building, located at 1840 25th Street,, Vero Beach, ,Florida ,,on .Wednesday, December 5;1984, at 9:15 a.m. It any person decides to appeal any decision made oq the above matter, he/she will need a record, of the proceedings, and for such pur- poses; he/she may need to insure that a verbs- tim record of the proceedings is made, which In- cludes testimony and_"dence upon which the appeal is based. 4 :, :Indian River County , Board of County Commissioners By: -s= Don C: Scurlock, Chairman Nov. 13, 27, 1984. Chief Planner Richard Shearer made the staff presentation, as follows: 12 -I TO: The Honorable Members DATE: November 21, 1984FILE: of the Board of County Commissioners HOLMES/90TH AVENUE PARTNERSHIP REQUEST TO DIVISION HEAD CONCURRENCE: REZONE 20.63 ACRES FROM C-1, COMMERCIAL DIS- SUBJECT: TRICT, TO C-2, HEAVY Robert M. Keati g, 4ECP COMMERCIAL DISTRICT Planning & Developni4nt Director FROM: R chard Shearer, AICP REFERENCES: Chief, Long -Range Planning ZC-099 Memo RICH2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 5, 1984. _. DESCRIPTION & CONDITIONS David Holmes, an agent for Eugene P. O'Neill, the owner, is requesting to rezone 20.63 acres located on the west side of 90th Avenue and one-quarter mile south of State Road 60 from C-1, Commercial District, to C-2, Heavy Commercial District. The applicant intends to develop this property as a commercial subdivision. On October 25, 1984, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of this rezoning request. The Commission stated that they felt that the requested C-2 zoning was appropriate for the subject property; this property should be included in the I-95 and State Road 60 node when acreage becomes available; and that until that time they felt that special conditions warranted rezoning the subject property to C-2, Heavy Commercial District. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of the current and future land uses of the site and surrounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environmental quality. Existing Land Use Pattern The subject property is undeveloped. North of the subject property is Pine Tree Industrial Park Subdivision which is being developed for warehouses, fruit packaging and shipping, and light manufacturing uses. Pine Tree Industrial Park is zoned LM -1, Light Manufacturing District. Further north is a truck wash and gasoline service stations in a C-1 zoning district. East of the subject property is Gracewood packing house, zoned C-1. South of the subject property is a mobile home park, zoned R-1MP, Mobile Home Park District. West of the subject property is I-95. Future Land Use Pattern The Comprehensive Plan designates the subject property and the land around it as MD -1, Medium -Density Residential 1 (up to 13 DEC 51984 "Or 59 PACE 9-1 DEC 5 1984 BOOK 59 PAGE 92 8 units/acre). In addition, there is a 300 acre commercial/industrial node at the intersection of I-95 and State Road 60. The land east and north of the subject property has been included in the node. While the C-2 zoning appears to be appropriate for the subject property, based on the surrounding zoning districts and existing land use pattern, there is insufficient acreage in the node to include the subject property at this time. Since the I-95 and S.R. 60 node was enlarged from 230 acres to 300 acres last Spring, the County has rezoned 40.89 acres west of 98th Avenue to M-1, Restricted Industrial District, and has included an additional 50.58 acres of land located west of 98th Avenue in the node. Presently, 120 acres of land west of 98th Avenue are included in the node (including 91.47 acres of undeveloped land), and another 100 acres of existing commercial and industrial uses to the east of 98th Avenue are included in the node. The necessary infill property to connect these properties includes an additional 80 acres. Based on the location of the existing commercial and industrial uses, the undeveloped land that has been included in the node, and the necessary infill land, there are not 20.63 acres of land left in this node that can be allocated to the subject property. Transportation System The subject property has direct access to 90th Avenue (classified as a secondary collector street on the Thoroughfare Plan). Developing the subject property for a commercial subdivision would attract 1870 Average Annual Daily Trips (AADT). Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. Utilities County water and wastewater facilities are not available for the subject property. RECOMMENDATION The Planning and Zoning Commission voted to recommend approval of this request for the reasons stated in the Description & Conditions section -of this memorandum. The Planning Department agrees with the Planning and Zoning -that the C-2 zoning district is the most appropriate zoning district for the subject property and that this property should be included in the node when additional acreage is available. However, staff recommends that the subject property not be rezoned until the node is enlarged. Mr. Shearer emphasized that staff agrees the request is reasonable, but the problem is not enough acreage in the -node. The Planning & Zoning Commission favored proceeding with the rezoning based on the applicable provision in the Land Use Plan, but staff still feels.they would prefer to see the node enlarged first. They will be putting together a proposal to enlarge the node in January. 14 M M M Commissioner Bird felt it is apparent that the node does need enlarging. The Chairman asked if anyone present wished to be heard. William Caldwell, attorney for the applicant, had a copy of the Land Use Plan provision which the Planning & Zoning Commission used in its recommendation. He noted that the property is surrounded by existing commercial uses and staff said it should be in the node. The urgency of the need for this to proceed is that it is under contract for sale and if it is necessary to wait for expansion of the node, the time period of the contract might lapse. Attorney Caldwell did believe that the provision does permit the rezoning to take place. -- Chairman Scurlock felt that it does seem ridiculous, if you know what the end recommendation is going to be, to tell the - applicant to wait six months and come back. He asked if there is a procedural way to get around this. Commissioner Bird believed there is, and that is what the Planning & Zoning Commission used. Attorney Brandenburg asked Attorney Caldwell if the Commission went ahead and approved rezoning under the provision referred to, and then, if for some reason, in the future, decided it is not in the node, whether he would agree at this point that his client does not have the right to build commercial on that property. Attorney Caldwell stated that he would not if the rezoning is approved today. Obviously the intent of buying the property is to develop it. Commissioner Bird could not imagine, looking at this property in proximity to other industrial areas in the neighborhood, that we would not include it in the node, and Commissioner Wodtke believed the map supplied in the backup material showed this property as being in the outer limits of the node. 15 DEC 5 1984 BOOK - 5 9 F4.,F 93 DEC 5 1984 BOOK 59 FACE 94 Chairman Scurlock felt if we make a decision today, we are signing off that it will be in the node. It was determined that no one further wished to be heard. 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 Bowman, the Board unanimously (4-0) adopted Ordinance 84-86 rezoning 20.63 acres west of 90th Ave. and south of SR 60 to C-2 as requested by Holmes/90th Ave. Partnership. Attorney Brandenburg requested there be another Motion indicating the Commission's belief that this property is currently in the node. He continued that actually the Board has just said this can be developed as a commercial use; the only way this can be done is if it is in a node or if it falls under the other Land Use Plan provision, and this property clearly does not fall within the other provision. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Bowman, that the subject property be considered as part of the Commercial/Industrial Node at the intersection of SR 60 and I-95. Commissioner Wodtke asked where they want to take 20.63 acres out of the node as he felt the effect of the Motion is that staff will have to go back and draw new lines. Attorney Brandenburg and the Administrator pointed out that we are in the process of doing that anyway, and there will be a public hearing when the node boundaries are readjusted. 16 Commissioner Wodtke asked what about the people who will be deleted, and Com. Bird believed we will be expanding the node, not deleting anyone. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. ORDINANCE NO. 84-86 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: All of Tract 16, lying East of I-95 in Section 3, Township 33 South, Range 38 East, according to the last general plat of lands of the Indian River Farms Company as filed in Plat Book 2, page 25, Public Records of St. Lucie County, Florida, LESS AND EXCEPTING the North 9.03 acres thereof, said land now situate in Indian River County, Florida. Containing 20.63 acres, net, less rights-of-way, more or less. 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 5th day of December 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: / e DON -C-. SCU OCK, JR. Chairman 17 DEC 5 1984 aoor F,,F 9 DCC 51994 Fl 1 BOOK 59 ["fE 9� VREZONING - TO C-1 - MAPLE LEAF PROPERTIES (ART WILSON) The hour of 9:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a matterin the . ' 4�J.a!�tlz�..?ice/%7wli in the Court, was pub- lished in said newspaper in the issues of / -3 02 % %�d 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, fora 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 subssrjbedfore t (Clerk of the (SEAL) day ofZ�tO_ A.D. 19 Manager) River County, Florida) NOTICE - PUBLIC HEARING Notice of hearing to consider the adoption of a County ordinance rezoning land from A, Agri- cultural to C-1, Commercial District,'The subject property is presently owned by MAPLE, LEAF PROPERTIES, INC„ and is located_south of S.R. 80'(20th Street) and west of Kings Highway (58th Ave./C-R:505A1) , ., i 6,r1t; V, The subject, properly is described as:, The East'19.97 acres of Tract 9, Section" 5, Township 33S, Range 39E. LESS AND ' EXCEPT the South 150" of the West 150' of the East 19.97 acres'of Tract 9, aC cording to the last general plat of lands of Indian River Farms Company filed in the office of the Clerk of the Cir of St. Lucie County, ,Florlda,,in 2, Page 25,,!said land now J being in Indian River County;'FI A public hearing at which part! and citizens shall have an oppc heard, will be held by the Board of missioners of Indian Rivet County, December 5,1'984, at9:15 a tn:r if any person decides to appe made on the above matter, he/ record of the proceedings, anc poses, he/she may need to insu tim record of the proceedings Is, eludes testimony apd- evidence,, appeal is based Indian River County "f;. Board of County Commis: By: -s- Don C. Scurlock. C Nov. 13. 27. 1984, ` Chief Planner Shearer made the staff presentation and recommendation, as follows: 18 Interest to be y. Com - r; in the any decision ) will need a )r such pur- that a verba - de, Which in- m,whiCh jhe TO: The Honorable Members DATE: November 20, 1984 FILE: of the Board of County Commissioners MAPLE LEAF PROPERTIES REQUEST TO REZONE 17.23 DIVISION HEAD CONCURRENCE: ACRES FROM A, AGRICUL- SUBJECT: TURAL , TO COMMERCIALRICTDISTRICTC-1, Ro ert M. Keats g, P Planning & Developm t Director FROM: Richard Shearer, AICP REFERENCES: ZC-100 Memo Chief, Long -Range Planning RICH2 It is requested that the data herein consideration by the Board of County regular meeting of December 5, 1984. DESCRIPTION & CONDITIONS presented be given.formal Commissioners at their - Art Wilson, an agent for Maple Leaf Properties, the owner, is requesting to rezone 17.23 acres located on the south side of State Road 60 and the west side of Kings Highway from A, Agricultural District, to C-1, Commercial District. The applicant proposes to use this property for commercial uses. On October 25, 1984, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of this request. On November 8, 1984, the Planning and Zoning Commission voted 4 -to -0 to deny a request to rezone 20 acres located immediately west of the subject property from A, Agricultural District, to C-11 Commercial District. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of the current and future land uses of the site and surrounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environmental quality. Existing Land Use Pattern The subject property is undeveloped. North of the subject property, across State Road 60, is undeveloped land zoned C-1, Commercial District. East of the subject property, across Kings Highway, is land being developed for a shopping center on the north side of S.R. 60 and land being developed for a restaurant on the south side of S.R.60. Both of these properties are zoned C-1. South of the subject property is undeveloped land that is zoned Agricultural. Further south is the South Relief Canal. West of the subject property is an old citrus grove, a fruit stand, and a single-family house that is zoned A, Agricultural. 19 DEC 5 1984 Boa 59 pmu. 97 Maple Leaf Properties Page 2 November 20, 1984 Future Land Use Pattern BOOK 59 P UE 98 The Comprehensive Plan designates a 140 acre commercial node at the intersection of Kings Highway and State Road 60 which extends eastward to 43rd Avenue. Presently, this node contains 121.96 acres of land that is zoned C-1, C-lA, Restricted Commercial District, or R-1, Single -Family District. This acreage is broken down as follows: 1) Winn Dixie and adjacent commercial uses Based on the existing zoning configuration and land use pattern, 18.04 acres of unallocated land are available in the node. The requested C-1 zoning for the subject property is consistent with the C-1 zoning of the lands to the north and east of the subject property. In addition, there is sufficient unallocated acreage in the node to include the subject property. Transportation System - The subject property has direct access to Kings Highway and State Road 60 (both classified as arterial streets on the Thoroughfare Plan). Commercial development of the subject property could attract up to 13,000 average annual daily trips (AADT) with 1100 trips in the peak hour. The traffic attracted by the peak hour trips may require a left -turn deceleration lane. Primary access should be located on Kings Highway. Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. Utilities County water and wastewater facilities are not currently available for the subject property. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends approval. 20 on 43rd Avenue,. 6.38 Acres 2) Indian River Farms Drainage District Office .59 " 3) Ed Schlitt Agency .19 " 4)* First Bankers West Side Facility 1.79 " 5) Ryanwood Shopping Center (site plan approval) 18.68 " 6) Oak Terrace Restaurant (site plan approval) 7.82 " 7) Infill property zoned commercial 49.58 " 8) Infill property zoned R-1 16.23 " 9) Other property zoned commercial west of Kings Highway 20.7 " Based on the existing zoning configuration and land use pattern, 18.04 acres of unallocated land are available in the node. The requested C-1 zoning for the subject property is consistent with the C-1 zoning of the lands to the north and east of the subject property. In addition, there is sufficient unallocated acreage in the node to include the subject property. Transportation System - The subject property has direct access to Kings Highway and State Road 60 (both classified as arterial streets on the Thoroughfare Plan). Commercial development of the subject property could attract up to 13,000 average annual daily trips (AADT) with 1100 trips in the peak hour. The traffic attracted by the peak hour trips may require a left -turn deceleration lane. Primary access should be located on Kings Highway. Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. Utilities County water and wastewater facilities are not currently available for the subject property. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends approval. 20 Mr. Shearer noted that this matter came before the Planning & Zoning Commission in spring of 1983 and was tabled indefinitely at that time. This fall the owners submitted a new application and the analysis was pretty much the same as before. The Planning & Zoning Commission recommended approval. At their next meeting on November 8th, the property immediately to the west was considered for rezoning, but they denied that because they felt it was not in the node and you have to draw the line somewhere. The rezoning that was denied has been appealed. Staff does recommend approval of the subject request. The Chairman asked if anyone present wished to be heard. Attorney Michael O'Haire came before the Board representing Guy and Willy Poteat, who own the acreage to the west which is being denied. The Poteats really have no objection in principle to what Mr. Wilson is requesting for his property, but he believed the nodal concept is on a first come, first served basis; the Poteats' request was submitted the same day and they are being told there is nothing left. Attorney O'Haire noted that there are 49 acres of in -fill in this node for which nothing has been requested, and he would ask that the subject rezoning not be granted at his client's expense and that the in -fill be reduced to provide his clients what they reasonably should be entitled to. Attorney B. T. Cooksey next appeared representing Art Wilson and Maple Leaf Properties, Inc. He felt the highest and best use of the subject property is commercial. There is sufficient land, and it is located in the node. All of the.factors required in the Land Use Plan are present, and this was recommended both by the County staff and the Planning & Zoning Commission. They, therefore, request the Board approve the rezoning to C-1. Commissioner Bird felt the Board will have to deal with Mr. Poteat's appeal as it comes, but noted there wasn't any question in his mind when we set up this node, that we would start with 21 DEC s 1984 Boor 59 FACE 99 DEC 51984 - BOOK 59, Fa'IJ F x.00 the four corners of the intersection and expand from that. He felt the subject rezoning is in line with everything we intended. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) adopted Ordinance 84-87 rezoning 17.23 acres at SR 60 and Kings Highway to C-1 as requested by Maple Leaf Properties. ORDINANCE NO. 84-87 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 East 19.97 acres of Tract 9, Section 5, Township 33S, Range 39E. LESS AND EXCEPT the South 150' of the West 150' of the East 19.97 acres of Tract 9, according to the last general plat of lands of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida. Be changed from A, Agricultural to C-1, Commercial District. All with the meaning and intent and as set forth -and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 5th day of December 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: 22 DON C. SCURLOCK, JR. Chairman REZONING - TO R -2D - EVANS & KNIGHT (NETTER) - WEST OF I-95 The hour of 9:45.orclock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a (z vwmvw in the matter of 'e) OxwJ f in the Court, was pub- lished in said newspaper in the issues of � 1,c5 _0 I Z& 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 Phil day of D. 19ov 7. 0n 1A 1, 117.1 114u-siness Manager) (Clerk of the Circuit CourI6Adian River County, Florida) (SEAL) „ `Jilb}ICE`- PUBLIC twAffibity Notice of hearing to consider the Adoption of RALPH EVANS, Trustee and C..ReW Vhig Is Iodated south of SR80 (20th Stremt);. v 1-95, and north of 12th Street extended.: -; The subject property is described as:: ; PARCEL_ art = All of Tract 10, LESS •Ah CEPT the foddwingslescribed property::,,; The west 10 acres. the East 10 acres, al in.: Plat Book 2; lying and being The Board a duct a public I the applicatnt quest. The public hearing, at which parties.in in- terest and Citizens shah, have _anrkmity to be heard, will be held by the'Boar of County Conirnisaldners' of- Indleri 'River'Cdttn'h,'Ffdrida: In the • *County Commission "Cham `ttf . the County AdrhtniWatioh Building; located 40840 25th Street, Vero Beach,:Florida on; Wednesday, December 5,1984. at 9:45 a ]n -*,`1-„-, 11 =1f any persom decides to appeaw any dbdlaidn made owthe-above, matter.`helsheswilf-''need-9 record of the proceedings. -;'arid fottnsuch� pdr-, poses,,hsi.she may -need -to Insure:fhat a verba- tim record of the proceedings is made; which.irp; ctudes testimony and evidence -upon which the _en, aa^ n�ara u� wunry,wn -s-Don C B.cgrl?f:, 'r _.....-:Chairman.... �',.,...�:• November, 1;3.97,,.,,984. Chief Planner Shearer made the following staff presentation: 23 BOOK C 4984 - F'' U . 5 DE J 1984 DEC BOOK 59 P E.102 TO: The Honorable Members DATE: November 20, 1984 FILE: of the Board of County Commissioners EVANS & KNIGHT REQUEST TO DIVISION HEAD CONCURRENCE: REZONE 212 ACRES FROM A, AGRICULTURAL DISTRICT, TO r SUBJECT: R -2D, MULTIPLE -FAMILY Robert M. Keating,okICP District Planning & Development Director FROM: R1 hard Shearer, AICP REFERENCES: Evans & might 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 December 5, 1984. DESCRIPTION & CONDITIONS Charles Netter, an agent for Ralph Evans, trustee, and C. Reed Knight, the owners, is requesting to rezone 212 acres located south of State Road 60 and west of I-95 from A, Ag- ricultural District, to R -2D, Multiple -Family District (up to 6 units/acre). The applicant is proposing to develop this property into a golf course and condominiums. On September 13, 1984, the Planning and Zoning Commission voted 4 -to -1 to deny this rezoning request. The Commission gave as their reasons for denial the following: 1) They felt that this property had always been considered industrial on the County's Land Use Plan; 2) This property is surrounded on three sides by commercial and industrial zoning and uses; 3) This property is at the center of the I-95 and State Road 60 Commercial/Industrial node; 4) Based on the health, safety, and welfare provisions of the Zoning Ordinance, the subject property should not be developed in residential uses because of the potential safety problems involved with residences being located near the existing Hibiscus Airport. ALTERNATIVES & ANALYSIS In this section, an analysis of the existing land use pattern will be presented as well as a discussion of the future land uses as established in the land use element of the Comprehen- sive Plan. Existing Land Use Pattern The major portion of the subject property is undeveloped although the west 80 acres are devoted to citrus groves. The land north of the subject property is predominately undeveloped and zoned C-1, Commercial District, and LM -1, Light Manufactur- ing District, but also includes several single-family homes and a Bell Telephone tower zoned C-1. East of the subject property 24 is I-95. Further east is undeveloped mobile home park. South of the subject land and citrus groves Zoned A. West is undeveloped land zoned LM -1 and Hibiscus Airport zoned A. Future Land Use Pattern land zoned C-1 and a property is undeveloped of the subject property citrus groves and the 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 commer- cial/industrial node at the intersection of I-95 and State Road 60. The proposed rezoning to R -2D (allowing up to 6 units/acre) is consistent with the MD -1 land use designation (which allows up to 8 units/acre). However, this rezoning needs to be analyzed relative to the surrounding zoning and land uses. The LM -1 zoning of the property to the north and west of the subject property allows manufacturing uses that might not be compatible with multiple -family residences. This incompatibility could be alleviated at the site plan level by providing a vegetative buffer adjacent to the industrial property. The fact that the Hibiscus Airport is near the subject property raises questions about safety and noise that could potentially affect residential development of the subject property. The Aviation Bureau of the Florida Department of Transportation was contacted in regard to potential noise or safety problems. While the aviation bureau feels that residential development and airports are basically incompatible, they felt that the distance of the subject property from the airport was adequate for safety purposes and felt that the noise impacts could be alleviated by providing a heavy vegetative buffer at the northwest corner of the subject property nearest the runway (see letters enclosed). Transportation System The subject property does not have direct access to a public road. Indirect access is available to State Road 60 (clas- sified as an arterial street on the Thoroughfare Plan). The developers would be required to provide adequate access prior to development. The maximum development of the subject proper- ty would generate 7,632 average annual daily trips. State Road 60 can handle this additional traffic although considerable improvements may be necessary to provide turn lanes and decel- eration lanes. Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. The subject proper- ty is located on the 10 mile ridge. Utilities County water and wastewater facilities are not currently available for the subject property. 25 DEC 51984 aDOX 59 UCE 1103 1� Y. 0 1, RECOMMENDATION BOOK 59 f'�Gr 10 The Planning and Zoning Commission voted to deny this rezoning request for the reasons stated in the description and conditions section of this memorandum. While the Planning Department feels that the Planning and Zoning Commission identified valid considerations, the Planning Department does not feel that all of the subject property can be included in the I-95/S.R. 60 node and realistically be developed for industrial uses. Based on the underlying MD -1 land use designation, staff feels that this rezoning request is consistent with the land use plan and recommends approval. Mr. Shearer reviewed the above, noting that although the staff does feel the Planning & Zoning Commission presented valid reasons for their denial, staff does not feel it is realistic to expect all 212,acres to be used for industrial and R -2D is consistent with the Land Use Plan. They do believe the applicant has made plans to provide access through properties to the north. Chairman Scurlock asked if the portion that lies by the gas transmission has been excluded, and Mr. Shearer stated that it is included in the 212 acres and they are appealing the entire property. Attorney Chester Clem came before the Board representing the applicant and displayed an aerial of the property in this area, pointing out the portion owned by Ralph Evans, Trustee, and the Reed Knight acreage. The property is represented in the following drawings: 26 PARCELS REQUIRING REZONIBG •r .. t i � 00f, A of r t o Q *A N•r•• I •• i• r\ 1 •I • • la •40 • •1 61� r �+ • , � � i PARCEL NO. � n ZONING Designated C-1 Ag. Ag. Ag. Zoning Bd. Recom. Comm. Comm/Ind Comm/Ind R -2D Netter Proposal Zone Comm. Ag. R -2D R -2D Use Motel Golf Course Golf Course same Conven. Club House. Town -Houses as Center Tennis Cts. Villas C LAND USE PLAN Designated MD -1 MD -1 MD -1 MD -1 AREA Acres(260.5)• 6.5 80 130 44 Percent 2.50 20.70 500 16.8% REQUIRED ACTION BY COUNTY COMMISSION No No Yes Yes PLATE 2 27 D E C 5 1984 BOOK- HOGS 105 I 1 N 00 ro H M w Prl C') m 0 0 ol Attorney Clem reported that Evelyn Neville owned the piece on the south end, and they obtained her piece as part of the project. That 44 acres is the next item on the agenda, and it has received the blessings of both staff and the Planning & Zoning Commission. Mr. Clem continued that the appeal was on the entire piece; however, they did delete the Reed Knight parcel from the appeal because they have been able to redesign the project taking into account the Neville piece and coming up with a viable project. The Knight piece, which actually is difficult to develop because of the gas transmission line, does lend itself to a golf course use and not housing; therefore, they now plan to utilize the Neville piece, which is located along I-95 for dwellings and have no dwellings at all on the Knight parcel. They are trying to eliminate any objections from the owners of the Hibiscus Airport, and this would place the nearest housing about 1/2 mile from the airport and provide ample buffer. He further informed the Board that they have been able to obtain 100' right-of-way directly off of Highway 60 and back into their property. Chairman Scurlock agreed that eliminating the Knight piece, provides more consistency. Attorney Clem continued that there is an 80 acre tract adjacent, which is LM -1, not heavy industrial, and the owners do not object to their proposed golf course community project. Mr. Clem noted that they were a bit concerned about the airport sound and had a decibel study done, which indicates that the noise level is way below anything to be concerned about, and he will make that report part of the record, as well as a report relating to road sound, which also presents no problem. The studies conducted by Transport Analysis Professionals, Inc., are on file in the Office of the Clerk, as well as the Project Description for Killarney South, Inc., a Golf Course Community. 29 DEC 5 1984 BOOK 9 Pf�u 107 BOOK �9 P,4GE I08 Attorney Clem further informed the Board that they have had a study done by Link Waltham, who was formerly of the Regional Planning Council, that basically discusses whether or not this property can be used as industrial. The conclusion is that there is ample industrial and commercial throughout the county and because of the access, this really doesn't lend itself to industrial units. Attorney Clem felt that every objection raised by the Planning & Zoning Commission has been answered. He stated that Mr. Netter is buying the whole piece, and he believed the proposed project can fill a need we have in this county. Chairman Scurlock asked if Mr. Clem had any objections to this matter being heard by a four member Commission, and he did not. Commissioner Bowman had questions regarding their right-of- way, and Attorney Clem reported that when they come in for site plan approval, they will have a 80-100' roadway and have a study that shows it will not be overloaded or overload the existing road system. Commissioner Bowman was also interested in the figures arrived at in the decibel study as she pointed out that they have gone to a great deal of trouble to make a separation between the airport and this property. The Chairman asked if anyone present wished to be heard. Robert DeVanna, owner of land east of I-95 and south of SR 60, stated that he felt the proposed development is a very positive development and one of the best utilizations of the land that he could visualize. William Nichols, of Clear Lake, Iowa, also a landowner in the area, noted that he purchased his property in 1960 and watched the county grow that direction. He also expressed his strong support of the proposed development. C. Reed Knight, owner of part of the subject property, felt the fact that "Kinky" Orth, owner of Hibiscus Airport is not present this morning to present any objections, speaks well for 30 the project. He reported that he has discussed this with both Mr. Orth and Mr. Lysne, and neither had any objections. Mr. Knight stated he would not go along with the project, if it did not satisfy them. Pastor "Buddy" Tipton informed the Board that he owns land across the street from the proposed project and does feel it is a very positive move. Nancy Offutt next came before the Board representing the Chamber of Commerce and the Board of Realtors and stated that both organizations had requested her to speak in favor of the project. She did agree it meets a need in our county for additional resort activity. She also felt the location -provides -- another focal point in our county as well as a nice welcome to Indian River County. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Bird, the Board unanimously (4-0) closed the public hearing. MOTION WAS MADE by Commissioner Bowman, SECONDED by Commissioner Commissioner Bird, to adopt Ordinance 84-88 rezoning the subject property to R -2D. Attorney Brandenburg wished to be sure the Knight property would be deleted from the description; Mr. Shearer assured him it would, and the rezoning, therefore, would involve only 133 acres. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0). 31 BOOK, • 59 PAGE109 ORDINANCE NO. 84-88 BOOK ul E`'! 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: PARCEL #1 - All of Tract 10, LESS AND EXCEPT the following described property: The West 10 acres, the East 10 acres, and less the North 750' thereof, lying West of I-95 road right-of-way; Section 3, Township 33S, Range 38E. PARCEL #2 - Tracts 15 and 16, lying west of I-95 road right-of-way; Section 3, Township 33S, Range 38E. PARCEL #3 - All of Tracts 2 and 7, and Tracts 1 and 8, lying west of I-95 road right-of-way; Section 10, Township 33S, Range 38E. All according to the plat of the Indian River Farms Company, filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida; in Plat Book 2, Page 25; said land now situated, lying and being in Indian River County, Florida. Be changed from A, Agricultural District to R -2D, Multiple -Family 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 5th day of December 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: / DON C. SCU CK, JR. Chairman 32 REZONING — TO R -2D — NETTER/NEVILLE — WEST OF I-95 The hour of 9:45 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida koTICi_'- PUBLIC'hiimjNa-' Notice of hearing to consider `the_adoptioffof COUNTY OF INDIAN RIVER: STATE OF FLORIDA a County Ordinance rezoning -land from A, Agri - Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath Tneu al Dodo tots -2D: Multiple-i=amfly District. Subject property described Is presently says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published _ owned by EVELYN F. DEKOLD NEVILLE and: is at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being luted west of 1-95i south of 12th Street elctend- ad, and north of 8th Street tC':R:6121, < g �K a 4raci ia, aria mfr porp, `m6ra¢t S ly of the Right of-Wayysi tot "in era 95 in 10. Township 33!aouft Ran a 30, Eeii and �XG9PT, that portion of e sputh J in the matter of of TYact 91ying west of thd_ fight-okWd terstate'95,:according to the last'genera the lands of Indian River.,F,fompan in the Office of the Clerk of the Circuit'I St. Lucia County,'Florida; and recordec Book -2, Page 25„said land snow, lying ar in Indiati River Cdunty: Flori'd'a'. A public hearing at which parties in in the Court, was pub- and citizens. shall, have _an; opportunity '%/J heard,'will be by the' Board ofCoun �” m Indian River F lorld lished in in the issues of �/ ! % dT' Countmissios C County .Commission GharfibRrs of- e- Cmbers- 'Bwlding; said newspaper .—, Administratidn located 'aj 1g Street,:: Wro-'Beach, Ftorkta,lcn=:wed December 5;:1984, at 9:45 a jw d If any person decides t4. Zpe ji, c made on the rabove he/she IM is record 7jof, the, proceedings a ,log su Che/she may to hat Affiant further says that the said Vero Beach Press -Journal a newspaper published at Poses. need risgre ;I Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore tim recor /shof the proceed'mg nsure,Ahd thakA4 poses;; he/she may need..to-,JnSure•tlratl been continuously published in said Indian River County, Florida, each daily and has been tim record, of the. proceedings. is made. w entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- cludes'testimony-and evidence Upon wt appeal is based. R ;axhl: t , Florida, fora period of one year next precedingthe first publication of the attached co of "" lfCounttyuC66Af5sidn advertisement; and affiant further says tat he has neither aid nor promised any person, firm '=board AV4 or corporation any discount, rebate, commission or refund for the purpose of securing this ScurIocK,..Chairmark ja Novembel,�3„gZ„x984..;. advertisement for publication in the said newspaper. Sworn to and subscribed bejpre mis( day of 19 (SEAL) Manager) (Clerk of the Circuit Court, jnIfian River County, Florida) Chief Planner Shearer made the staff presentation, as follows: 33 DEC 51984 BOOK .. 59 PAGE111 in 4 BOOK 59 pm- 112 TO: The Honorable Members DATE: November 20, 1984FILE: of the Board of County Commissioners NETTER/NEVILLE REQUEST DIVISION HEAD CONCURRENCE: TO REZONE 44 ACRES FROM A, AGRICULTURAL DIS - SUBJECT: TRICT, TO R -2D, MULTI - Robert M. Keatifig, CP PLE-FAMILY DISTRICT Planning & Development Director KS FROM: Richard Shearer, AICP FERENCES: Netter/Neville Rezoning Chief, Long -Range Planni It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 5, 1984. DESCRIPTION & CONDITIONS Charles Netter, an agent for Evelyn Neville, the owner, is requesting to rezone 44 acres located west of I-95 and south of 12th Street (extended), from A, Agricultural District, to R -2D, Multiple -Family District (up to 6 units/acre). The applicant is proposing to include this property with property to the north to be developed as a golf course/condo- minium development. On November 8, 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 is undeveloped and includes a large borrow pit. North and south of the subject property is undeveloped property zoned A, Agricultural District. East of the subject property is I-95. West of the subject property are citrus groves. Future Land Use Pattern The Comprehensive Plan 'designates the subject property and the land north and east of'it as MD -1, Medium -Density Residential 1 (up to 8 units/acre). The land west and south of the subject property is designated as AG, Agricultural (up to 1 unit/5 acres) . The proposed rezoning to R -2D (allowing up to 6 units/acre) is consistent with the MD -1 land use designation (which allows up to 8 units/acre). This request is consistent with the applicant's previous request to rezone 212 acres located north 34 of the subject property to R -2D. The subject property is located one mile south of State Road 60 and is not adjacent to any commercial, or industrial developments or zoning districts; for those reasons the property should not be considered for inclusion in the State Road 60 and I-95 commercial/industrial node. Transportation System The subject property does not have direct access to a public road. If rezoned, the applicant is proposing to provide this property with access to State Road 60 through the property to the north. The maximum development of the subject property under the R -2D zoning would generate 1,874 average annual daily trips. Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. The subject property is located on the 10 mile ridge. T7+ -i 1 i+-iac - The subject property is not served by County water nor wastewater facilities. RECOMMENDATION Based on the above analysis, including the Planning and Zoning recommendation, staff recommends approval. Mr. Shearer noted that this property is immediately south of that just rezoned. Staff analysis showed that access seemed to be a problem, but the developer has assured us they would arrange access through property north to SR 60. Staff, therefore, recommends approval. The Chairman asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, 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 84-89 rezoning the subject 44 acres to R -2D as requested by Netter/Neville. 35 DEC 5 1984 BOOK - 9 PmH11 BOOK It ORDINANCE NO. 84-89 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: Tract 10, and that portion of Tract 9 lying west of the Right -of -Way for Interstate 95 in Section 10, Township 33 South, Range 38 East, LESS and EXCEPT, that portion of the south 10 acres of Tract 9 lying west of the Right - of -Way for. Interstate 95, according to the last general plat of the lands of Indian River Farms Company on file in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, and recorded in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida. Be changed from A, Agricultural District to R -2D, Multi- ple -Family 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 5th day of December 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: i G DON C. SCURLOCK, JR. Chairman 36 REPORT RE POSSIBLE DESIGNATION OF BARRIER ISLAND AS AREA OF CRITICAL CONCERN Attorney Brandenburg reported that he received a phone call from Tallahassee yesterday, and Mr. Nabors and Betty Steffens have been working on our situation with the Department of Community Affairs and the chief of Governor Graham's staff and his counsel, and they feel they are making some headway regarding our county's relationship to the area of critical concern designation. One of the things they brought to the Department's attention is a sort of misconception the Department had. The DCA had been telling all three counties they would go through the designation process but as -soon as we complied, they would pull back the designation; it appears they did not realize that the statute itself indicates that as soon as you are designated, you must stay designated for a period of one year. The Attorney believed this puts the head of DCA in a difficult position because it is contrary to the position he has been taking with the Committee itself. We are trying to get across the point that our county would like to see them either not make a recommenda- tion to go through the designation process at all and give us another year to come into compliance and complete studies or specifically delete from their list of what this county has to do that the barrier island be reduced to one unit per acre. The Attorney felt either action would give us assurance we would not be designated and we could move ahead without the moratorium or resolution adopted last week. Attorney Brandenburg further informed the Board that December 18th is when the Governor and Cabinet will consider all recommendations, and he would like permission to go to Tallahassee to attend that meeting and possibly the other Commissioners could go also. Chairman Scurlock felt the more support we have up there, the better it will demonstrate our interest. 37 D E C 5 1984 BOOK ..5 PAGE 1 15 ®EG 5 1994 BOOK 59 P'�,E x.16 - ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) authorized out -of -County travel for the County Attorney and Commissioners to go to Tallahassee on December 18th and authorized the Administrator to make the necessary travel arrangements. �rRESOLUTION AWARDING HETRA INDUSTRIAL DEVELOPMENT REVENUE BONDS Attorney Brandenburg noted that this is the last step needed in the process of issuing the above bonds. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, Commissioner Lyons being absent, the Board unanimously (4-0) adopted Resolution 84-102 awarding $2,500,000 Industrial Development Revenue Bonds, (Hetra Project) to Barnett Bank of Central Florida, N. A. (The Bond Purchase Agreement is on file in the Office of the Clerk.) 38 RESOLUTION NO. o v A RESOLUTION AWARDING $2,500,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1984 (HETRA PROJECT), OF INDIAN RIVER COUNTY, FLORIDA, AT NEGOTIATED SALE TO THE PURCHASER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a resolution (hereinafter called "Resolution") of the Board of County Commissioners (hereinafter called "Governing Body") of Indian River County, Florida (hereinafter called "Issuer"), duly adopted on June 13, 1984, authorized the issuance of not exceeding $2,500,000 Industrial Development Revenue Bonds, Series 1984 (HETRA Project), hereinafter called "Bonds," to provide for the acquisition and construction of a capital project in the area of the Issuer; and WHEREAS, the Bonds were validated and confirmed by final judgment of the Circuit Court, Nineteenth Judicial Circuit, in and for Indian River County, Florida, and the appeal period has expired; and - WHEREAS, Barnett Bank of Central Florida, N.A., Orlando, Florida (hereinafter called "Purchaser"), has offered to purchase $2,500,000 aggregate principal amount of the Bonds at the price of par, pursuant to the remaining terms of the Bond Purchase Agreement attached hereto (hereinafter called "Bond Purchase Agreement"); and WHEREAS, the Resolution contains specific findings as to the reasons requiring a negotiated sale of the Bonds; and WHEREAS, the Governing Body deems it necessary and desirable at this time to award the Bonds at negotiated sale to the Purchaser; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. AWARD OF BONDS. The Bonds, in the aggregate principal amount of $2,500,000, are hereby awarded and sold to the purchaser at the price of par and upon the remaining terms and conditions of the Bond Purchase Agreement. The Governing Body hereby authorizes and directs its Chairman to execute and its Clerk to attest under the official seal of the Issuer, the Bond Purchase Agreement in substantially the form attached hereto. SECTION 2. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner Wodtke 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 5th day of December, 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By / DON C. SCURLO JR. DEC 1984 Chairman 80 5-9 PnE117 L__ J D E C 1984 BOOK INDIAN RIVER COUNTY LEGISLATIVE DELEGATION MEETING 59 Fri^C� Attorney Brandenburg noted that we have the opportunity to bring matters to the attention of our Legislative Delegation, when they meet on January 24th, and wished to know if the Board had anything they would like presented at that time. He noted that next week the Medical Department will be asking the Board to authorize them to set up an Environmental Control Board for the County and he will have a proposed Bill for the Commission to review on that at the next meeting. Chairman Scurlock stated that he has a very serious concern about the process and broad powers granted to the Governor re the State Master Plan, and he felt every effort should be made by the Legislature to retain local control for planning and zoning as.he does see great intrusion. Commissioner Wodtke noted that we have asked our Delegation to consider a Resort Tax and using those dollars for beach maintenance, and perhaps that could be discussed. He noted that when speaking to the Governor on that issue, when he was here after the Thanksgiving storm, the Governor commented that he felt strongly it should be left up to local jurisdictions as to how these dollars should be used. Commissioner Wodtke did not know if this would require a Special Act for this county or whether it would have to be statewide. He continued that he also would like to bring up something about the maintenance of our state highways and roads and bridges, which he do not feel are being maintained properly. Commissioner Bird had several suggestions. In regard to the clamming activity situation in the County, he knew we all have a concern about our waters being depleted the way they are -in Brevard County to the north and possibly we can take that to the Delegation. Secondly, if we are not as successful on the 18th re the barrier island designation as we feel we need to be, perhaps we might want to ask the Legislative Delegation for their help in that regard. Thirdly, we are having a problem with getting the 40 necessary funds from the Forestry Service to maintain Donald MacDonald Park; about $10,000 is needed to make the park safe and habitable. Commissioner Bird commented that he is giving the Forester the opportunity to pursue this with the understanding that if he is not successful, then as a last resort we will go to the Legislative Delegation to bring pressure to bear on his bosses. Commissioner Bowman noted in regard to clamming, that some of the marine biologists are saying that the clams grow so fast we have no reason to worry, but she did not believe sufficient data is available. She felt it will be up to the local government to pass a moratorium until the state is able to move and do something about this. Intergovernmental Relations Director Thomas confirmed that Commissioner Lyons is very concerned about this, and he also wrote a memo regarding a possible moratorium. Mr. Thomas agreed if we don't have management, we will have neither clams nor grass beds. Administrator Wright believed that the state has to set a moratorium; that it can't be done at the county level. Mr. Thomas felt we should ask the state to do whatever is necessary. In further discussion, it was noted that the river is in the charge of a number of agencies, and Attorney Brandenburg agreed that to have a memo prepared on this subject for next week's agenda. J AGREEMENT WITH FLORIDA ATLANTIC ASSOCIATES (VILLAGE GREEN) Attorney Brandenburg discussed the agreement with Florida Atlantic Associates and noted that sometime ago the Board authorized his office to take action to see that the mobile home park owners came into compliance with their franchise and caught up on their escrow amount. Since that time they have been diligently catching up, paying over $2,000 a week, and have reduced that balance from $140,000 to about $70,000. As a result of their apparent commitment to reducing it, the Attorney felt it 41 �E BOOK - 5 9 P��. � DEC 5 i94 � DEC 51984 .. AA� BOOK 59 PACE ' would be appropriate to enter into an agreement that they would continue making a minimum $2,000 a week payment, and in the event they failed to, the corporation would acknowledge that the County would have the right to withhold any more Certificates of Occupancy for any more mobile homes going into their project. They have agreed to this. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Bowman, to approve the agreement with Florida Atlantic Associates as described above. Commissioner Wodtke asked if they are paying interest on what they owe us, and Attorney Brandenburg noted that they don't owe us in the sense of an obligation. These monies are used for their benefit and it is an escrow account. Even if they had the monies in our escrow account, they would be entitled to the interest on it. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0). 42 AGREEMENT This Agreement is made this 5th day of December 1984, between BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, and FLORIDA -ATLANTIC ASSOCIATES, a New York General Partnership. W I T N E S S E T H: WHEREAS, the Board of County Commissioners of Indian River County, Florida, previously granted a water and sewer franchise to Florida -Atlantic Associates for the purpose of providing a potable water supply and wastewater collection and treatment facilities; and WHEREAS, under the terms of said franchise (Resolution No. 80-88), Florida -Atlantic Associates is required to pay into the County, to be held in escrow, certain impact fees and maintenance fees; and WHEREAS, the purpose of these payments under the franchise is to help insure the proper maintenance and - eventual connection to a_ public water and wastewater system; and WHEREAS, Florida -Atlantic Associates is in arrears in the payment of these funds; and WHEREAS, Florida -Atlantic Associates is required with respect to Phase IV to pay into escrow $500.00 per month until the total reaches the sum of $27,424.00, plus the additional sum of $227.00 per mobile home that has received a Certificate of Occupany. WHEREAS, Florida -Atlantic Associates and the County desire to enter into this Agreement for the purpose of requiring these funds to be brought current. NOW, THEREFORE, the parties agree as follows: I. Florida -Atlantic Associates agrees to make a payment to Indian River County once each week in an amount not less than $2,000.00 per week to be applied against the current balance due (as of 11/6/84) of $75,546.15. 2. In the event Florida -Atlantic Associates fails to make any payment required by Paragraph 1 of this Agreement within seven days of its due date, then Indian River County shall refuse to issue any further certificates of occupancy for the project until the payments described in Paragraph 1 hereof are brought current. Florida -Atlantic Associates agrees that in the event of default under Paragraph 1 hereof, Indian River County has the full right and authority to withhold the issuance of such certificates of occupancy. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date set forth beneath their signatures. Sign d an ealed in the FLORIDA -ATLANTIC ASSOCIATES pr se 44�:� By . /.Y `1_ /l� y Genera ;&?er- Date r� Witness 43 DEC 5 1984 - BooK 59 [,nF.121 DEC 5 1984 59 Ftp J . Attest: A Freda Wright, jClerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Don C. Scurlock, Jr Chairman Date _/a�3% Approvq a5 an►1 ler ' ;,;.'ti +�-- STATE OF FLORIDA 17, Gary . Brandenburg COUNTY OF INDIAN RIVER Coun y Attorne I HEREBY CERTIFY that on this " ff—a9-5 , 1984, before me personally appeared , a General Partner of FLORIDA -ATLANTIC ASSOCIATES, to me known to be the person described in and who executed the foregoing Agreement. WITNESS my signature and official seal in the County and State last aforesaid on this day of . 1984. NOTARY PUBLIC STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this S Aday of , 1984, before me personally appeared Don C. Scurlock, Jr. and Freda Wright, to me known to be the Chairman and Clerk of the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, _ FLORIDA, respectively, and they acknowledged before me that they executed the foregoing instrument on behalf of said corporation. WITNESS my signature and offici seal in- the County and State last aforesaid on this day f 1984. O TUTTUB NOTARY VoRk STATE OF FLORID BONDED THRU GENERAL INSURANq-UNa e MY COMMISSION, EXPIRES JULY 807'8.6 VACANCY ON HRS DISTRICT IX ADVISORY COUNCIL The Board reviewed staff memo, as follows: 44 TO: Board of County Commissione3QATE: November 27, 1984 FILE: FROM: /AA ani ide SUBJECT: Vacancy on HRS District IX Advisory Council REFERENCES: At the June, 1983 Commission meeting Bill Wodtke was recommended for appointment to the District IX Advisory Council. Yesterday I talked with Thelma W. Rich of HRS and she said that last year five County Commissioners submitted questionnaires for_ this one appointment and the Governor appointed Sarah Price an Okeechobee County Commissioner. At this time there is a vacancy for a County Commissioner to - serve. It is for a two year term. This Council meets on the 3rd Friday of each month in different locations throughout the five -county district. The five counties consist of Palm Beach, St. Lucie, Martin, Okeechobee and Indian River. The Council is composed of 12 members; 11 members are appointed by the Governor and one member is the District Administrator. Dorothy Unversaw represents Indian River County in the public sector and has served on the Council for nine years. The responsibilities of the District IX Advisory Council is listed in the attached memo. Commissioner Wodtke believed that since he sits on the local Advisory Board, he would have a conflict. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) recommended the appointment of Commissioner Lyons to the District IX Advisory Council. J,'CONSIDERATION OF RESUME TO FILL PARK OWNER/MANAGER VACANCY ON THE MOBILE HOME ADVISORY BOARD The following resume of Robert Peters was reviewed, and it was noted there were no other applicants for the vacancy: 45 DEC 5 %9 BOOK 'j9 F,AGE"� Fr - DEC 5 1984 Boor 59 Fv,,c 194 /_ �� cam• `��-� 1,7 S-6 2 - �<� �/ ON MOTION by Commissioner Wodtke, SECONDED by Commissioner -Bird, the Board unanimously (4-0) appointed Robert A. Peters to fill the vacancy for a mobile home park owner/manager on the Mobile Home Advisory Board. ,r`NORTH BARRIER ISLAND COMMERCIAL STUDY The hour of 10:45 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 46 � � r 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 r a in the matter of� in the Court, was pub- lished in said newspaper in the issues of Yt t?: '� Z3 �2 Ztel`/ ,T 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 subscoed bgfore rr}aithije l day of T &D. 19 (SEAL) .. n _ I Al J/Business Manager) (Clerk of the Circuit CouVndian River County, Florida) 1� 01Ce�of hearing t P consider the need for the wenty-five (25) acre tourist/commercial node at he intersection of State Road A -1-A and County Road 510' as designated on the Land Use Map Comprehensive Plan of Indian River County, Florida. A public hearing at which parties' -in inferest and .citizens shall have; an opportunity to be heard, will be held by the Board of County Com- missioners of Indian River County, Florida, in the County Commissioners Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida on Wednesday. December 5, 1984. at 10:45 a.m. If any person decides to appeal:any dec{sta made on„the' above matter, he./she'will need a reFord of, t6q proceedings,.- end for- such pul- poses, he/she may: need to” insure. that ,a verba- tim recorp of, the. proceedings is made; which in- cludes •testimony and evidence upon which the appeal is based. Indian River County e t Aa Board of County Commissioners ii:% ::-s-,Don C.,1S�curlooky Jr , r 1, ?�y Chairman Nbv,43; 27,,1984.. `,';1.f , df a ry,2:T OP -Io. Chairman Scurlock inquired if notice was sent to all property owners in the area, and Chief Planner Shearer advised that the hearing was advertised as a public hearing, but staff did not send out notices because they did not think any formal action would be able to be taken today because if the Board were to want to remove the node, it would be necessary to go through the Comprehensive Plan amendment procedures and have two more hearings. Environmental Planner Art Challacombe made the staff presentation, as follows: 47 BOOK - 99 F''Gc L95 DEC 5 1994 . . Boor 59 TO: The Honorable Members DATE: November 20, 1984 FILE: of the Board of County Commissioners REQUEST BY BCC FOR PLANNING STAFF TO DETERMINE NEED FOR DIVISION HEAD CONCURRENCE- COMMERCIAL USES ON SUBJECT: NORTH BARRIER ISLAND Robert M. eat! g, P Planning and De elo ent Director FROM: Art Challacombe REFERENCES: Barrier Island Com. Chief, Environmental Planning ARTCHA It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 5, 1984. DESCRIPTION & CONDITIONS On September 26, 1984, the Board of County Commissioners denied a rezoning request by Vero Beach Trading Company to rezone 6.09 acres from R-2 Multiple -Family District (up to 15 units/acre), to C-1, Commercial District located at the southwest corner of State Road A -I -A and Wabasso Road (County Road 510). In addition to denying the rezoning request, the Board questioned the need for the amount of commercial acreage (25 acres) depicted on the Comprehensive Plan for the north barrier island. With this in mind, The Board directed the planning staff to determine if a need for commercial uses exists on the north barrier island and if so, how many acres of land should be allocated for the future population. On November 8, 1984, the Planning and zoning Commission voted 3 -to -1 to recommend to the County Commission that the 25 acre commercial node be left at the S.R. A-1-A/C.R. 510 intersection and that the remaining vacant acreage be allowed to be used for neighborhood commercial uses. -- Assumptions In examining the potential for commercial. development to serve barrier island residents, several assumptions for the analysis are used: 1) If a neighborhood shopping center is needed to serve the north barrier island population, it would most likely be located on the barrier island at or near the C.R. 510/S.R. A -1-A intersection or on the mainland the C.R. 510/U.S. #1 intersection. 2) Traffic on the north barrier island would be attracted from as far north as Ambersand Subdivision, as ,far south as Fred Turek Drive in the Town of Indian River Shores, and as far west as the Marsh Island Development; 3) Minimum support required for a neighborhood commercial center is 2,500 people with a usual minimum of three acres to ten acres required for the site area (derived from Shopping Center Development Handbook - ULI); 4) 2.35 square feet of Gross Leasable Area per person will be required for a neighborhood shopping center (calculations derived from Shopping Center Development Handbook; m 5) 10,000 square feet of building area is required for each acre of site area (derived from Shopping Center - Development Handbook. Although a detailed market analysis must evaluate factors such as trade areas, business competition, buying power, etc., this general analysis focuses on commercial need as a function of demand - supply. Demand is defined as the total amount of commercial land required to serve the projected population in the service area. Supply is defined as the total amount of commercial land available to serve the population. Demand Analysis In order to determine present and future demand, 1984 and 2000 population data from all enumeration districts in the north barrier island were tabulated along with data obtained from the John's Island Property Owners' Association, the Town of Orchid, Marsh Island and other development projects. The following table provides figures on existing and future demand for the study area: Based upon the population projection, the total number of resi- dents demanding commercial services in the year 2000 is es- timated to be 8,569 people. Utilizing a factor of 2.2 persons per household, the total number of dwelling units will be 3895. Based upon the assumption that 2,500 people are required to support a neighborhood commercial center, it is clear that there is a present demand for services, and future demand will increase as the north barrier island population increases. Supply Analysis - Existing Demand Currently, there are few island commercial facilities on the barrier island which serve the shopping needs of north barrier island residents, thus necessitating residents to travel off the island for most needs; particularly grocery shopping. Facilities on the island which can meet some general and specialized needs of north island residents are: 1) 2) 3) r The Wabasso Beach Market - located at the northeast corner of C.R. 510/S.R. A -1-A intersection; The Village Shops and Florida Federal Savings & Loan Association located 5 ± miles south of the C.R. 510/S.R. A -.1-A intersection; Eckerd Drugs and the 7-11 convenience store - located 6.5± miles south of the C.R. 510/S.R. A -1-A intersection. 49 BOOK 159 P' r,) F. 1 ? 7 POPULATION BY ENUMERATION DISTRICT 1984 Estimate 2000 Projection E.D. #248 420 2036 E.D. #273 36 76 E.D. #230U 1878 2791 John's Island 2200 3300 Town of Orchid 22 22 Marsh Island 0 240 Orchid Subdivision 36 36 Orchid Isle Estates 0 68 TOTAL 4592 8569 Based upon the population projection, the total number of resi- dents demanding commercial services in the year 2000 is es- timated to be 8,569 people. Utilizing a factor of 2.2 persons per household, the total number of dwelling units will be 3895. Based upon the assumption that 2,500 people are required to support a neighborhood commercial center, it is clear that there is a present demand for services, and future demand will increase as the north barrier island population increases. Supply Analysis - Existing Demand Currently, there are few island commercial facilities on the barrier island which serve the shopping needs of north barrier island residents, thus necessitating residents to travel off the island for most needs; particularly grocery shopping. Facilities on the island which can meet some general and specialized needs of north island residents are: 1) 2) 3) r The Wabasso Beach Market - located at the northeast corner of C.R. 510/S.R. A -1-A intersection; The Village Shops and Florida Federal Savings & Loan Association located 5 ± miles south of the C.R. 510/S.R. A -.1-A intersection; Eckerd Drugs and the 7-11 convenience store - located 6.5± miles south of the C.R. 510/S.R. A -1-A intersection. 49 BOOK 159 P' r,) F. 1 ? 7 r DEC 5 1984 BOOK 4) The Pelican Plaza and the Village Beach Market - located 7± miles south of the C.R. 510/S.R. A -1-A intersection. With the exception of Eckerd Drugs and the financial insti- tutions in the town of Indian River Shores, the existing commercial establishments are either convenience oriented or tourist/seasonal resident oriented. This requires north barrier island residents to generally shop off the island at the following locations: 1) Miracle Mile shopping area via the Merrill Barber Bridge; 2) Albertson's via the 17th Street Bridge; 3) K -Mart, Luria's Plaza, and Vero Mall via the 17th Street Bridge. Supply Analysis - Future Demand Commercial Node at C.R. 510 and S.R. A -1-A Historically, the County has reduced the amount of commercially zoned land on and near the barrier island. After much discus- sion during public hearings on the Comprehensive Plan, 11.52 acres of commercially zoned land north of the intersection were designated LD -2 (Low Density Residential District at a maximum of 6 units/acre). Also, at one of the last public hearings on the land use element, the County designated commercially zoned Marsh Island as LD -2. The Comprehensive Plan currently designates a twenty-five (25) acre tourist commercial node at the intersection of C.R. 510 and S.R. A -1-A. The plan states that the node will permit resort commercial uses as well as neighborhood commercial uses. The supply of future vacant commercial land is a function of the total potential commercial land allocation (in this case 25 acres) minus all existing and committed commercial land in the area. Since the adoption of the plan, the only area on the north barrier island to be considered for commercial_zoning has been -- at the intersection of C.R.510 and S.R. A -1-A. Existing and committed commercial -uses comprise the majority of the node at the intersection. These uses are as follows: 1) Sea Oaks Hotel - (site plan approved on March 26, 1981) - 16.59 acres; 2) Collin's Professional Building Unit I and Wabasso Beach Market - .50 acres. 3) Collin's Professional Building Unit II - .7 acres (site plan in process). The total acreage equals 17.79 acres. Presently, none of the existing and committed commercial uses at the intersection serve sufficient neighborhood commercial needs. Indeed, the site plan approved hotel/resort commercial use at the southeast corner of the intersection is likely to stimulate an increased need for a neighborhood commercial facility. 50 Vacant commercial zoning also exists at the intersection: 1) Wabasso Beach Park - 2.2 acres; 2) Summerplace lot - .23 acres. This vacant acreage equals 2.43 acres that would be included in the node; however, if one assumes that the park and Summerplace lot will be rezoned to residential districts to conform with sound land use practices, there is no additional existing supply of vacant land available with commercial zoning. This however, does still allow 7.21 acres remaining that could potentially be developed and included in the C.R. 510/S.R. A -I -A commercial node. Commercial/Industrial Node at C.R. 510 & U.S.#1 Intersection - The Comprehensive Plan designates a one hundred fifty (150) acre commercial/industrial node at the intersection of C.R.510 and U.S.#1. This node provides an alternative for commercial development which could serve the residents of the north -- barrier island. An evaluation of land availability in this area reveals that presently there are very few commercially zoned parcels suitable for a potential commercial shopping center directly at the intersection. Most of the existing commercial zoning lies within Wabasso Tourist Court Subdivision and Weona Park Subdivision. These two subdivisions comprise 19.27 acres with approximately thirty-two different owners and a significant number of existing building structures on the lots. Attempts to negotiate and acquire sufficient land for a commercial shopping center would be difficult. In addition, replatting of the land would most likely be necessary. Two parcels showing more promise as future commercial centers are located on C.R. 510 to the east of the intersection. Although currently zoned R-3, Multiple Family Dwelling Dis- trict, these parcels could be included in the node. The parcels and acreages are as follows: 1) Earring Point Groves, Inc. - 5.07 acres; 2) K&R Groves - 69.89 acres (1134.45± lineal feet frontage on S.R.510) Traffic Impacts The critical factor in evaluating the location of a commercial shopping area to serve the north barrier island is the traffic capacity of the Wabasso Bridge. The Hutchinson Island Resource Planning and Management Plan designates the capacity of the bridge as 17,000 average daily trips (ADT) at Level of Service "C" and 19,100 ADT at Level of Service "D". The plan also states that the intersections east (S.R.A-1-A) and west (U.S.#1) have, or can easily be modified to, a capacity in excess of the bridge capacity. Currently, according to the Hutchinson Island Plan; the total number of bridge trips generated by existing and approved development or destined for the north beach area are 12,266 ADT. Using the assumptions for traffic generation rates in the Plan, a total number of 23,561 ADT may be expected to occur by the year 2000. Approximately 10a of these total trips may be expected to be internal trips, thereby reducing bridge trips to 21,205 ADT. This would place the bridge at Level of Service "E". 51 BOOK, F,1rE� DEC 5 1984 BOOK 59 PAGE 130 By providing a neighborhood commercial center at the S.R. A-1-A/C.R. 510 intersection, approximately 4,746 ADT would be attracted to that site rather than traveling across Wabasso Bridge. This would reduce North Island ADT's to 16,459 off -island trips and provide the bridge with a Level of Service approaching "C". Analysis Conclusion Based upon the assumptions stated at the beginning of the analysis, a neighborhood commercial center which serves the residents of the north barrier island will be needed by the year 2000. Although the ultimate size of this center will depend upon several market factors, approximately 20,137 square feet of gross leasable area on a site with a size from three to seven acres will be needed at the S.R. A-1-A/C.R. 510 or C.R. 510/U.S.1 intersection. Both intersections contain sufficient acreage to accommodate such a facility. The major advantage, however, to locating the center at the S.R. A -1-A/ C.R. 510 intersection is that it can best serve commercial trips orig- inating on the island and keep additional traffic off the Wabasso bridge. RECOMMENDATION The Comprehensive Plan designates a twenty-five acre tourist/ commercial node at the intersection of A -1-A and C.R.510 which permits resort commercial uses (16.59 acres already committed) and neighborhood commercial uses. Staff recommends that the twenty-five acre node be retained in the area of the S.R. A-1-A/C.R. 510 intersection and that the remaining vacant acreage be allowed to be used for neighborhood commercial uses. Mr. Challacombe reviewed the above memo in detail, emphasizing that staff is looking at neighborhood uses only and not anything that would attract traffic from off -island. What staff has in mind is a down -sized Publix-type grocery store and a smaller Eckerd's. Their population study shows that there is sufficient population right now to support a small neighborhood center somewhere in the vicinity of the intersection. Chairman Scurlock stated that he personally still has a real problem with locating the 25 acres at that intersection, and he is absolutely convinced that the further away from the inter- section you get, the better the traffic situation will be; witness the Vero Mall intersection at U.S.1. The Administrator pointed out that all the Board actually would be designating today would be the size of the node by deciding whether the remaining uncommitted seven acres would remain in the node or not. 52 177 � � r Chairman Scurlock felt the people here today are concerned about where the Board might designate this, if it is decided to designate it. Commissioner Wodtke noted that actually you do not designate a neighbor node; you wait until you have an application, and the applicant could ask for it anywhere. Therefore, this concept really isn't tied to the intersection. He wished to know if staff is saying take the remaining acreage; designate it as a neighborhood node; and put it anywhere on the island. Mr. Challacombe explained that staff is saying that a neighborhood node is needed on the barrier island. Planning Manager Keating clarified that what staff is recommending is that the node be left the way it is, which is resort commercial. Staff would like to see it developed mainly in the resort uses and believe the rest should be limited to neighborhood uses, but within this general area. Mr. Challacombe noted that traffic is a site plan issue, and staff would not recommend approval of any site plan where they did not feel comfortable with the traffic flow. Staff is not saying in this recommendation that the node has to be in this particular location. Chairman Scurlock stated that he did not want it either "at" or "near" the intersection. He did agree there is a need for some properly done commercial on the island, but not at that intersection. Commissioner Wodtke felt comfortable with saying that the vicinity of the intersection is the proper place because if we put it somewhere else, someone will say it is "spot" zoning. Administrator reiterated that all staff is asking today is how big the Commission wants the node, and staff will be coming back in January with firm node lines. Discussion ensued as to how large an area seven acres would cover, and it was noted that the Roseland shopping center is eight acres. 53 1984 BOOK iju DEC "I Fnu J DEC 51984 600 0 PAGE p3Al The Chairman asked if anyone present wished to be heard. Attorney Michael O'Haire came before the Board representing the residents of Summerplace and noted that about fifty or more residents were present today. He noted that he was glad to hear this spoken of in terms of a "neighborhood" which is what Summerplace is, but asked those opposed to any more commercial at all to stand. All the residents present stood. Mr. O'Haire emphasized that they feel the 18 acres already committed is more than adequate for commercial. He then reviewed the history of this intersection and noted that we are now on the fourth year of site plan approval for the proposed hotel on the east of AlA. He felt development of that property as a hotel is a joke because the developer simply has kept the site plan alive but doing just a little bit at a time. The people feel strongly that any commercial development should be on the east side of AlA. Attorney O'Haire then brought up various statements made during the development of the Comprehensive Plan which demonstrated the original intent to keep future commercial development on the east side of AlA. He referred to Mr. Challacombe's study which says that 2,500 living units are required for support of the node, and believed this is based on his assumption that the people of Indian River Shores and John's Island will be using this node, which he did not feel is valid reasoning as they will all use the Village Shops and go south or north. If the node is extended, Mr. O'Haire argued that it will draw traffic east from the mainland, and the people he repre- sents, who were here first and have built homes in good faith, would ask the Commission to restrict the node to 18 acres and not destroy their residential area. The commercial is not necessary; they don't want it, and they live there. Chairman Scurlock brought up the point that apparently the state construction setback line will be adjusted back at least 25' further from the ocean, -and asked if Mr. O'Haire still felt the east side would have sufficient depth. 54 Mr. O'Haire did feel so in that particular area. In any event, he did not believe the hotel would be built in his lifetime. Commissioner Bird pointed out that if the hotel does get built and we limit the node to 18 acres, it doesn't leave any additional acreage available. Mr. Challacombe reported that the hotel encompasses 16.59 acres with 352 units total, some of which are time sharing villas, the others being confined to the hotel unit itself. There is no accommodation at this point on the existing site plan for neighborhood commercial uses. Mr. Keating reported that the hotel site plan is current and -- active at this point, and he believed they have actually started putting up walls. There is a building permit; they have gotten - inspections; and he believed they have complied with the letter of the law if not the spirit of the law. Attorney O'Haire still believed that the east side can be modified to accommodate more commercial. Nancy Offutt came before the Commission representing the Board of Realtors and read the following letter from Mr. Perruzzi, President of the Board of Realtors: 55 1 BOOK . 59 ua.1.33 November 26, 1984 BOOK 59 -N, GE t14 VERO BEACH - INDIAN RIVER COUNTY BOARD OF REALTORS° INC. 2182 Ponce De Leon Circle Post Office Drawer G Vero Beach, Florida 32961-3007 Phone (305) 567-3510 The Honorable Chairman and Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 LI �_4 Dear Chairman Scurlock and Commissioners: b)t'YR1`l3UY10N 'Mft Commissioners �De C Administrator Attorney Personnel Public Works Community Dev. Utilities Finance _— Other On December 5 you will re -address the county's position on the 25 acre Tourist/Commercial Node located at the intersection of SR AlA and CR 510. The Vero Beach -Indian River County Board of REALTORS urges you to accept the recommendations of your planning staff and the Planning and Zoning Board by responding to the commercial needs of that area and retaining the designated 25 acre node. It is our view that the impact of longer.traffic trips necessitated by greater distances from residential developments to neighborhood service areas could be relieved by the placement of those services -in closer proximity to the population centers they would serve. We suggest that such a neighborhood commercial area would serve to reduce, rather than generate, unnecessary traffic on the total geo- graphic area of the barrier island, i.e. from "zone t -o zone." Sincerely, 6. Arthur A. Perruzzi President Mrs. Offutt stated that the Board of Realtors would suggest the Commission go back to their original thinking when they created the original node. Chairman Scurlock believed the original thinking was the acreage to the east, and Mr. Keating confirmed that is how it is set out in the Minutes, but on the Plan, the node is not delineated in any particular direction. 56 M M M The Chairman felt the question is when the thinking changed from the east to this undefined area, and Mr. Challacombe explained that when we were developing the node, the site plan for the hotel had not been brought in, and that site plan took up most of the existing commercial. Discussion continued regarding the need for some commercial to service the area because of the transportation element alone and the acreage that would be needed for a Publix, for instance. Mr. Challacombe stated that a minimum of three acres would be required. He re-emphasized that staff is looking at grocery shopping and neighborhood commercial uses. In the rezoning denied about a month ago, the developer had envisioned something -- more like the Village Shops. Staff would not endorse that type of use; they are looking at something to keep people on the island. Chairman Scurlock expressed concern about someone developing something like the Village Shops and then wanting more acreage for a grocery store. Mr. Keating explained that when the node workshops were held, it was the consensus that the node should develop with a certain percentage of quadrant at each intersection. Staff's philosophy was that the node should not be stretched out, and he felt with this node we are under even more constraint because of the value of the land on the ocean. Chairman Scurlock noted the Board's whole purpose is to serve the needs of the public, and he has not seen anyone request these services. Commissioner Bird felt it goes beyond that because you cannot sit up here as planning people and plan twenty years in the future and only consider present needs. The Chairman pointed out that the City of Vero Beach doesn't have a Publix on their island area, and Commissioner Bird noted that in their planning years back, the City did not provide any space for that. 57 DECQoA boon L - BOOK , PAGE 13 DEC 1984 BOOK 59 pa:,F 136 Commissioner Bowman asked those in the audience where they shop now, and they stated in Roseland, Sebastian, and the Village Beach Market. The Chairman asked if anyone further wished to be heard. L. A. Pickard, Charles Regner, and Marion Ball, all of Summerplace, each stressed that the residents do not see any need for any kind of shopping center, expressed concern about traffic and the damage the large semis that would be delivering to a shopping center would do to the road, and emphasized their desire to keep the area as it was when they found it. Mrs. Ball noted that if the Hutchinson Island Plan is maintained and development is limited to one unit per acre, the population never will occur anyway. Jeannette Lier of Orchid wished to know if a neighborhood node with something like a Publix and Eckerd's can be guaranteed as she felt without such a guarantee, the whole thing would fall through. Mr. Keating stated that we cannot guarantee specific stores and specific uses other than that they will be neighborhood type uses, but we do have a draft of a neighborhoodtype zoning district which will be more specific. Commissioner Wodtke explained the concept of a neighborhood node,.which at this point is different than a zoning classifica- tion, noting that it is necessary to substantiate that there is a need in the neighborhood. He further noted that the key element of the Hutchinson Island Plan is transportation, and it has been indicated that a neighborhood node will reduce trips across the bridge. Mrs. Lier felt only if there was a really outstanding market, would it cut down the trips. Chairman Scurlock believed we have the option of leaving this at 18 acres and then can consider expanding the node when we get an application from someone who wants to build a Publix-type store. We are not locked in forever in not being able to expand. 58 Commissioner Wodtke pointed out that a neighborhood node is not an entitlement. Mr. Keating agreed, but noted that in this case, staff is recommending the node be kept as it is and whatever is left be constrained to neighborhood uses. He believed neighborhood nodes have to locate at least a mile away from an existing node. Chairman Scurlock felt that leaving this at 25 acres is just opening yourself up for challenge. William LeFever informed the Board that he does not live on the barrier island now, but did in the past in south St. Lucie County, which is a mess and getting worse day by day. He urged the Board to listen to the people who live in the area, -and keep it a residential natural community. Mrs. Offutt expressed doubt of the idea that the community would welcome even a Publix since they have indicated that they want no further commercial, and she wondered how the Board could assure this would be developed as a Publix-type store, other than by contract zoning. Chairman Scurlock believed people come in and make certain assurances and would have a difficult time in the community if they didn't live up to them. He pointed out that Indian River Shores has managed to be extremely restrictive in regard to their shopping center. Mrs. Offutt stated that the real estate community does not want something intensely commercial and does not feel it must be at that particular location, but they do agree we must think ahead for the people who are not here now. Commissioner Wodtke noted that he is sympathetic to the residents of the area, but we are talking about the ultimate future of the barrier island. He felt strongly that there will be a need in the north barrier island between the Sebastian Inlet and Indian River Shores for some commercial to provide those facilities for the future and that we need to set aside some acreage, although he would not say just where. 59 D E C 5 1984 BooK - - 5 . PAGE 137 -I D E C 5 1984 BOOK 5 9 F"A"F 1a� Chairman Scurlock again pointed out that we are now in the process of expanding nodes; so, why not leave it at 18 and then expand it later when the need is demonstrated. Commissioner Bird noted that with a neighborhood node, you don't even need to expand the existing node. Gordon Nutt, owner of the property under discussion, was curious how many people present do not live in Summerplace, and Commissioner Wodtke commented that a goodly number of those present were here in relation to the discussion about McKee Jungle Gardens. Mr. Nutt then talked of the lengthy process involved in his proposed development, the countless hours spent on the Land Use Plan, and the many times he came to those meetings. He noted that the Land Use Plan had input from many professionals - also 6 many people from Summerplace were there - and all these meetings and discussions ended in the final product of the Land Use Plan. It now seems that the integrity of that Plan is at issue. Mr. Nutt informed Attorney O'Haire that the hotel building is under construction; it is more than a foundation; and he has committed close to one million dollars to get utilities up there. This sort of project doesn't happen overnight. He then discussed his proposed development and believed, from the standpoint of the County, what is needed is something that makes sense, can be adhered to, and development will not be carte blanche. He emphasized his willingness to work in cooperation with the people of Summerplace, and wished to point out that the Comprehensive Plan is a twenty year plan, and in that time, there will be commercial facilities on the island. Mr. Nutt suggested that the people take advantage of the opportunity to cooperate with a developer who wants to cooperate because this issue will come up again and again. If the Board does not go with the node, he felt there will be tremendous pressure for spot zoning. Mr. Nutt believed wherever you put the commercial, the traffic will go through the intersection, and he did not feel it would be either 60 a desirable or responsible action by the Board to put all the shopping on the west side of the bridge and have all the traffic cross the bridge. It was determined that no one further wished to be heard. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) closed the public hearing. The public was informed that the Board now is at the point of making a decision as to whether to reduce the node, expand it, or leave it the same. Attorney Brandenburg clarified that it would not actually be changed today, because that would have to be advertised. In the ensuing discussion, Chief Planner Shearer explained that currently the node is listed as Tourist/Commercial, but the description of the node says the uses would be tourist/commercial or neighborhood commercial in nature, which precludes general commercial type uses. Mr. Challacombe's analysis says what we would be looking for would be neighborhood commercial and the present general description of the node fits that very well. Commissioner Bird noted that staff recommended the 25 acre node remain and the remaining acreage be restricted to neighborhood node uses. We would not be committing to place the acreage at any particular location. We do not want to further impact that intersection if there are other areas that would be of lesser impact. Commissioner Bowman did believe that would encourage spot zoning, and Mr. Challacombe agreed that neighborhood nodes would be placed in a residential area. ON MOTION by Commissioner Wodtke, SECONDED Commissioner Bird, the Board unanimously (4-0) accepted the recommendation of staff 61 DEC 51984 BOOK 59 PAGE 1,19 DEC 5 1984 ^ , BOOK 59 Pa,F.140 that the remaining acreage of the 25 acre node be addressed under the neighborhood node process and there be no commitment that it is at the intersection. �I2EPORT ON McKEE JUNGLE GARDEN PROPERTY Commissioner Bird noted that the Commission was approached by Mr. Driscoll representing a group of citizens who are requesting that we look into the possibility of acquiring the McKee Jungle Garden area as a potential park site. He reported that he and staff have determined the following facts. The McKee. Jungle Gardens parcel, which contains approximately 20 acres fronting on U.S.1 and running back to the golf course, is owned by Vista Properties. This property is presently zoned C-1 and indicated on the Comprehensive Plan as commercial. Ron Ewing, President of Vista Properties, has indicated that he has tentative plans in mind for some type of restrictive commercial development on the U.S.1 portion with a high quality multi -family residential development to the rear abutting Vista Gardens. His asking price is 1.8 million dollars. Mr. Ewing pointed out that this property has not been maintained to any large degree, and it was his opinion that after all the undergrowth and trash trees are removed, the property would be quite open., and not the luxuriant tropical growth we all envision as we remember it when it was a tourist attraction. Commissioner Bird continued that he, Intergovernmental Services Director Thomas, and Parks Director Rex Hailey, did tour the site to decide how much work would be involved to bring it into a condition to be used as a passive park, plus the maintenance, etc. It was felt grant funds would be doubtful. There is a possibility some funds might be available under the present Coral Program, but it is a very competitive program. Commissioner Bird personally felt what we are talking about is a passive park rather than an active site with ballfields, 62 � � r etc. He did not know what final price could be negotiated, but believed the one indicated is rather prohibitive. He also felt the location, being in a commercially designated area and on a busy highway, makes the desirability of this for a park site questionable. Commissioner Bird did agree that a passive park facility is justified and needed somewhere in the south county area, but was not sure this is the proper place. Mr. Driscoll came before the Board speaking on behalf of McKee Jungle Gardens Historical Landmark Committee and stated that he was not entirely in agreement with all the statements in Commissioner Bird's report.- As to the asking price, he felt that is Mr. Ewings' "wish list," and that we should get an M.A.I. to -- appraise the property. In regard to maintenance, keeping paths clear, etc., Mr. Driscoll believed there are many civic organizations that would be willing to do this, as well as residents, etc. He agreed price is important but emphasized that they are not asking the county to put up the money; they have other suggestions. As far as traffic is concerned, Mr. Driscoll pointed out that at the time of the rezoning to Commercial, the County Planning staff recommended against the rezoning because their numbers indicated development of the property as commercial would generate enough additional trips to reduce the quality of service on this portion of U.S.1 to the level of Service " D". He, therefore, believed that commercial would generate far more traffic than a passive park. Mr. Driscoll noted that there are about 4,000 people in Vista Royale within walking and biking distance. He further noted that the county's present plans for extending Indian River Boulevard also envision an extra lane for bikes, and as far as parks being out in the boondocks where the land is cheaper, you put the parks where the people are and they can use them. Mr. Driscoll continued that they are in touch with state agencies seeking funds and have reason to believe some agencies are getting increased funds. They have spoken with the State 63 r� D E G 5 1984 BOOK 59, nr,Fq 41 r DEC 91984 BOOK � 59 uu.142 Department of Recreation and Parks and have a letter of support from the Indian River County Historical Society, which Society believes this area is eligible for listing in the National Register of Historic Places. Mr. Driscoll again emphasized that they are not asking the Board to spend any county funds or even make any effort, but they do ask that the Commission support the Committee's continued efforts to preserve this area for botanical gardens and a nature preserve and "not rock the boat." Mr. Driscoll asked for a show of hands of those present who are interested and support this, and over one hundred people raised their hands. Commissioner Bird had no problem with that whatever. He stated that he is all for all the parks and recreation areas we can acquire, but did not feel we can spend two million dollars. Commissioner Wodtke concurred that if this can be acquired and they are not asking for county funds he certainly had no objection to pursuing it. He did feel the dollar amount is the key and did not believe we can condemn for park lands. Commissioner Wodtke noted that McKee Jungle Gardens was very tropical and was carefully maintained at one time and suggested getting someone with botanical knowledge who could go through these grounds and come up with some documentation as to whether the plant structure is still there and is as valuable as it was or whether the pepper trees have taken over. He agreed that it once was a beautiful piece of land and he would be supportive of any activities the people wish to pursue. Chairman Scurlock also confirmed that the Commission would be supportive of the Committee's efforts, but that we must balance our budget and cannot come up with millions. He -stated that the Board will be glad to consider what they come up with, and staff will assist. Commissioner Bowman brought up the possibility of obtaining some funds from an existing botanical garden in the north that might want to develop a southern botanical garden, but she feared 64 that not much of the original plants will be found when the peppers and the pines are cut out and that the area will require restoration. Chairman Scurlock agreed that an effort could be made to restore the nature of the gardens, and he felt sure the Garden Club would be willing to participate. VORDINANCE AMENDING THE COUNTY CODE RE MOBILE HOME LANDLORD AND TENANT ACT The hour of 11:00 o'clock A.M.,having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida 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 /s/•�� in the matter • in the ,C/ourt, was pub- lished in said newspaper in the issues of_ /�/G�o %:� 16 - 9T Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. / Sworn to and subscribed be ore me his Jr day of Z Or/�CD. 19 usiness Manager) AU, ot�,� (SEAL) (Clerk of the Circui( Cour , dian River County, Florida) 65 _ PUBLIC NOIEICE 01 INTE 1 TO CO(il ORDINANCE I -Hearing on Wednesday, December 5,':1884, at 11:00 A.M. in the Commission Chambers at the •, County Administration Building, :1840 25th •,,Street, Vero Beach, Florida 32 ,_t6 consider the adoption of an ordinance .entitled: :e) r "x AN ORDINANCE OF THE BOARD OF x� COUNTY COMMISSIONERS OF INDIAN ;,,,. ;, RIVER COUNTY, FLORIDA, *AMENDING er„-';,,INDIAN RIVER COUNTY_.,CODE;1EC- T10N 18, ARTICLE- II; REPEACINd SEC= TION 16-22, FLORIDA MOBILE HOME LANDLORD AND TENANT ACT; CREAT- 7 ING SECTION 16-22; THE FLORIDA M0= ri BILE HOME ACT; INCORPORATION IN CODE; SEVERABILITY AND EFFECTIVE t DATE. If any person decides to appeal any decision —made on the above matter,: he will need a record of the proceeding$ and, for such. purposes, he may need tainsure that.a verbatim record of the Proceedings Is made, which record includes the testimony in evidence on, which the appeal , is Indian River Corjnty :. "ura�Pr. Board of County Commissioners Don C. ScurlockiJrwChairman, Nov. 15,1W�, 8°t'm++ ar3 i Er s, BOOK - '9 PAH 143 r BOOK 59 PAGE 144 Assistant County Attorney Jim Wilson informed the Board that basically this is just a formal amendment to comply with some changes of the Legislature which repealed Statute 83, Part 3, which relates to mobile homes. Because of this, he felt it was necessary to amend our Ordinance to reflect the changes in accordance with the newly created Section 720. Basically, this replaces the old section by adding a lot of new duties, creating a Board, requiring things of both owners and renters, and preempts some local legislation. Attorney Wilson continued to review some minor changes involved. The Chairman asked if anyone present wished to be heard. 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 Wodtke, the Board unanimously (4-0) adopted Ordinance 84-90 amending the County Code of Laws, Section 16, Article II, re the Florida Mobile Home Landlord and Tenant Act. 66 INDIAN RIVER COUNTY ORDINANCE NO. 84-90 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY CODE OF LAWS AND ORDINANCES SECTION 16, ARTICLE II; REPEALING SECTION 16-22, FLORIDA MOBILE HOME LANDLORD AND TENANT ACT; CREATING SECTION 16-22, THE FLORIDA MOBILE HOME ACT; INCORPORATION IN CODE; ` SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Florida Legislature, in the 1984 Session, has substantially revised the Florida Statutes relating to the rights of mobile home owners and mobile home park owners, and WHEREAS, such statutory revisions have rendered Indian River County Code of Laws and Ordinances §16-22 obsolete. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: - SECTION 1 Indian River County Code of Laws and Ordinances §16-22, the Florida Mobile Home Landlord and Tenant Act, is hereby repealed in its entirety. Indian River County Code of Laws and Ordinances §16-22 is hereby created to read as follows: Florida Mobile Home Act "The Florida Mobile Home Act," Florida Statutes Chapter 720, is hereby recognized as being the current legislation providing statutory rights of mobile home owners and mobile home park owners. SECTION 3 INCORPORATION IN CODE This ordinance shall be incorporated into the Code of Laws and Ordinances of Indian River County and the word "ordi- nance" may be changed to "section," "article," or other approp- riate word and the sections of this ordinance may be renumbered or relettered to accomplish such purposes. SECTION 4 SEVERABILITY If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitu- tional, inoperative, or void, such holdings shall not affect the remaining portions of this ordinance; and it shall be 67 DEC 5 1984 8m 9 F -AGF 14' DEC 5 1904 BOOK 59 PnF 146 construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 5 EFFECTIVE DATE The provisions of this section shall become effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida this 5th day of December , 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By i DON C. SCU CR, Chairman , t-/' REPORT ON FAIRGROUNDS BOARD OF DIRECTORS MEETING Commissioner Bird reported that they are in the process of putting together final plans for the Indian River County Fair at the new fairgrounds to commence in mid January. He then reviewed the following memo wherein the County Fair Association has requested the County's help in getting the fairgrounds ready for the opening of the fair. 68 I TO: Board of County DATE: November 29 , 1984 FILE: Commissioners Qe6;a DISTRIBUTION LIST Co o Administrator SUBJECTstatus Report on thX r C, Attorney -_ Indian River County VN ��-v Personnel Fair Association, Inc. t�! Public Works Tel 016 a•Lyoi Dev. Utilities FROM: - Finance REFERENCES: Other ease 5e advised River County Fair Association, Inc. held their second meeting on November 28, 1984. The County Commission should be assured that this year's fair is progressing better than usual, and that the Firefighters' Association and County are working hand-in-hand in enhancing an annual event that we have all been proud of in the past. The Board of Directors, during their meeting, asked the County for several small items to aid in making this year's fair a more complete event for the residents of our county. They are as follows: 1. Ask the County Commission's help in placing three flagpoles at the fairgrounds' site. 2. Ask the County Commission to supply an Indian River County flag to be flown next to the State of Florida and United States of America flags at the entrance to the fair. 3. Ask the County Commission to close the dump site one week prior to and during the fair itself. 4. Request permission from the County to paint the cement at the dumpster sight a dark green color. 5. Request the County Commission explore placing fill near the entertainment area to provide a raised seating arrangement. 6. The Indian River County Fair Association, Inc. would like to sponsor an evening prior to the fair's official opening to show appreciation to the Firefighters' Assoc. and County employees who participated in this year's fair production. 7. The Association would like to ask the County to explore the possibility of contracting with Dickerson, under our standard County asphalt contract, to asphalt an area of approximately 40 feet by 40 feet at the main entrance to the fairgrounds prior to the opening of this year's fair. 8. The Fair Assoc. would request the help of the Indian River County Engineering Dept. and Sheriff's Dept. in laying out an adequate parking lot and traffic flow in and out of the fairgrounds' site. 9. Lastly, and most importantly, the Fair Assoc. would request the County Commission to formally ask the Indian River County Sheriff to provide security and traffic control at this year's fairgrounds. The Board of Director of the Indian River County Fair Association, Inc. would like to thank the County Commission for their continued cooperation in this year's fair and for your consideration of these additional requests. 69 DEC 5 1984 Respe t'fully�u tF 1` �r Count air ssociation, Inc �Gu6 PA,F i 47 BOOK 59 PA;F. 148 Intergovernmental Relations Director Thomas reported that Don Finney of Public Works has designed a County flag. Commissioner Wodtke asked if it is necessary to close the dump site the whole week prior to the fair, and Mr. Thomas explained that Deggeller Amusements Co. would like to have it closed ahead of time so they can paint the back of the dumpster to make it more attractive. The Board discussed request #5 in regard to placing fill to provide a raised seating arrangement. It was noted they are trying for an amphitheater type arrangement. It was generally felt this might be premature and that this item could be deleted at this time. Commissioner Bird noted. that Deggeller has indicated he would be willing to bring in a certain number of his rides on Thursday and have them available that night free to County employees as thanks for the work they have done in making the fairgrounds a reality, and he will work with the Administrator on this. Commissioner Bird next informed the Board that Deggeller has shown a willingness to pay for a 40' x 40' paving at the entrance to the fairgrounds if we can contract with Dickerson, and the Administrator stated that all we would do is prepare the base. Commissioner Bird noted that as.in the past, the Sheriff will --try to utilize as many people on duty as_possible to provide some additional security with people on the payroll. He believed the Firefighters will need to hire some additional security, and there may be some donated services by those off duty. Commissioner Bowman asked where the main gate will be, and was informed that it will be just to the north of the dump station around some pines. archway. Deggeller will donate a temporary ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously 70 (4-0) granted the requests of the Fair Associa- tion, deleting Item #5 at this time. t;EMERGENCY REPAIRS AT INDIAN RIVER COUNTY LIBRARY PARKING LOT Commissioner Bird reported that Don Downey of the Library Board has informed him that the Library's parking lots have large and numerous potholes. A lady fell in one of the potholes and broke her shoulder and will sue the Library Board. He continued that back in October Commissioner Lyons wrote a memo to the Administrator that this was in bad condition and requested information as to what responsibility the County has in this regard. Administrator Wright stated that the County contributes to the Library organization, but we have no responsibility for the property. Commissioner Bird continued that the Library is asking for some help. Their budget is quite tight, and they have no contingencies for this type of thing. He suggested that we patch the potholes, and then in next year's budget, the Library consider enough money to allow for resurfacing. Commissioner Bird stated that he would like to have our Road & Bridge people look at the lots and see what it will take to patch the holes. The Library has expressed willingness to pay for the asphalt to patch if the County could do the repairs. Apparently at one time the City did some work, but have backed off on it; he did believe they maintain the alley to the rear. It is a gray area, but it is an activity we do fund and support on an annual basis and they have a problem. Motion was made by Commissioner Bird that we have the Road & Bridge Department survey the situation, come up with an estimate on cost, and bring it back at the next meeting so we can present the cost to the Library Board and see if they are willing to make that commitment. 71 DEC 5 1994 coax�:�U U. �,!- L .9J D E C 5 1984 - Boos 59 PAGE. 150 Administrator Wright pointed out that the County supports quite a few organizations, and he really would encourage the Board not to get into doing building repairs, parking lot repairs, etc., for a private organization because he feels it will have a domino effect. Secondly, he also pointed out that it would involve co -mingling general fund obligations with Road & Bridge, which is a MSTU. The Library Board has a budget, and if they need the money, he felt they should come back and ask for it. If the Board wishes to give them money, that is fine, but he suggested they either give the Library Board the money out of the General Fund or reimburse the MSTU out of the General Fund because he did not feel the Board should start subsidizing non-profit organizations through our Road & Bridge or Parks operations, etc., The Motion died for lack of a second. Commissioner Bird stated that he would relay this information to the Library Board. Commissioner Wodtke commented that it is a county library, and he would like to be able to find some way we could assist. He realized it is not our building. The Administrator noted that he is not saying don't support it, just support it a different way.. t DISCUSS BEACH EROSION Commissioner Wodtke informed the Board that City Councilman Parris called him regarding a date for a joint meeting on beach erosion and tentatively suggested the 17th of December. Commissioner Wodtke reported that a lot of work has been done by various members of the Beach Restoration Committee, and there is an organization of property owners, the "Save Our Shores" group. We also are getting a lot of input from areas not in the City of Vero Beach, i.e., The Moorings, Summerplace, etc. There are groups working on additional funding from property owners. Commissioner Wodtke wanted to be sure the Committee does not M M M overstep the bounds within which the Commission wants them to work. The City has said perhaps this joint committee can come up with a new recommendation regarding the percentage of participation of City, County and property owners, and he wished to know if this meets with the concurrence of the Commission. He also wished to know if the 17th is an acceptable date and whether the Board wants the meeting to take place in the Commission Chambers and have it just a workshop meeting. Discussion ensued, and Commissioner Bird asked if it makes any sense to have the workshop as part of a public hearing rather than having to go through it several times. Chairman Scurlock believed a new funding formula has been developed. If the one funding formula they showed him, which would require the County to come up with less than $200,000 on a one-time basis with the City guaranteeing the other portion, were committed to by the City, the Chairman stated he would be willing to change his stand on a straw ballot. He believed there is a new awareness in the community, especially by those who have lost property and especially since we don't have any more beaches at high tide. Commissioner Wodtke agreed and believed we may have to consider many alternatives. Our beaches and shores are a resource, and we need to develop policies re the entire coastal area. Chairman Scurlock agreed that overall funding must be addressed, and felt if we go with the 2/3 to 1/3 formula, the City will have to conduct its own referendum. Commissioner Wodtke continued to discussed long range plans, permitting problems, etc., and the Chairman noted that the public just voted to approve five million dollars to acquire beaches and they surely don't want to lose it all. In regard to meeting on the 17th, he felt if December 31st is the date we must have an answer, we must compose ourselves to make a decision one way or another. 73 DEC W84 Pel) � J DEC 5 1994 BooK 59 F,nF.1 2 It was decided to hold the joint meeting with the City at the County Commission Chambers on December 17th at 9:00 A.M. and that it would be;a regular meeting, not a workshop. ,j REQUEST FOR LIGHT AT QUAY DOCK ROAD Commissioner Bowman informed the Board that she has.received a request for a vapor streetlight on the northeast corner of Quay Dock Road and U.S.1, where children wait for the school bus in . the dark in the early morning hours. Administrator Wright commented that he would use the same argument he used in regard to doing repairs for the Library, he felt if you go along with the one request, you will have many more such requests. Chairman Scurlock agreed that he would be concerned about setting a precedent, and no action was taken. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 1:12 o'clock P.M. ATTEST: i Clerk 74 � G Chairman