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10/16/1985
w Wednesday, October 16, 1985 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, October 16, 1985, at 9:00 o'clock A.M. Present were Patrick B. Lyons, Chairman; Don C. Scurlock, Jr., Vice Chairman; Richard N. Bird, and William C. Wodtke, Jr. Absent was Margaret C. Bowman, who was on vacation. Also present were Michael J. Wright, County Administrator; L. S. "Tommy" Thomas, Intergovernmental Relations Director; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. Reverend David C. Lord of Trinity Episcopal Church gave the invocation and Administrator Wright led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Administrator Wright requested the addition to today's Consent Agenda of a scheduling of a special meeting on road impact fees. Administrator Wright also requested a brief caucus at the end of this meeting. Commissioner Bird requested the addition of a report on the Regional Planning Council re transportation corridor systems. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, Commissioner Bowman being absent, the Board unanimously (4-0) added the above items to today's Agenda. OCT 16 1995 em 62 PACE .11`0' 2.1 A OCT 16 1985 BOOK APPROVAL OF MINUTES 62 PAcE 3,90 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of September 25, 1985. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, Commissioner Bowman being absent, the Board unanimously (4-0) approved the Minutes of the Regular Meeting of 9/25/85, as written. CONSENT AGENDA A. Release of Assessment Liens - SR -60 Water - Vista Plantation - Building 13 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, Commissioner Bowman being absent, the Board unanimously (4-0) approved Release of Assessment Lien for 12 ERUs SR -60 Water to Vista Plantation, Building 13. 2 State Road 60 Water Project RELEASE OF ASSESSMENT LIEN For and in consideration of the sum of $11,645.40, plus interest and costs, RECEIVED from VISTA PROPERTIES OF VERO BEACH, INC., in hand this day paid, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, FLORIDA, (the "County") hereby releases the property hereinafter described from a certain special assessment lien recorded by the County in its Official Records, Book 0691, Page 0077, for a special assessment in the amount of $970.45 per equivalent residential unit reserved, plus accrued interest at the rate of ten percent (10%) per annum, levied in accordance with the provisions of Ordinance No. 83-46 of the County, as amended, and Resolution No. 84-47 of the Board of County Commissioners of the County; and hereby declares such special assessment lien fully satisfied. The property, located in Indian River County, is more fully described as follows: Building No. 13 of VISTA PLANTATION, according to the Declaration of Condominium, recorded in O. R. Book 699, Page 1817, Public Records of Indian River County, Florida. Executed by the Chairman of the Board of County Commissioners of Indian River County, Florida, and attested and countersigned by the Clerk of such Board, all as of this 16th day October 1985. Attested. and ',countersigned : BOAR OF OUNTY COMMISSIONERS IN AN VER II FLORIDA ,Freda Wright, 110lerk By c B. L n ' C airman Approved as to form and 1 al sufficiency: vC"`. Charles P. Vitunac, County Attorney \ Instrument prepared by and should be returned to: CHARLES P. VITUNAC, County Attorney 1840 25th Street Vero Beach, FL 32960 3 800K 62 PAGE -104 0 B. Proposed Street Lighting District -_Porpoise Point Subdivision The Board reviewed the following memo dated 10/9/85: TO: The Honorable Members of DATE: October 9, 1985 FILE: the Board of County Commissioners THRU: Michael - Wright SUBJECT: Proposed Streetlighting County Administrator District (Porpoise Point Subdivision) �C" V FROM: Jeffrey K. Barton; Dir. REFERENCES: Office of Management & Budget The Porpoise Point Association has requested that a street - lighting district be established to handle the six (6) street- lights which they had been paying direct to the City of Vero Beach. The Association was given a choice of entering into a contract with the county (light -at -a -time program) or the streetlighting district. The Association chose the taxing district. A new taxing district would not have the ability to tax until 1986, so the Association has deposited the monies needed to pay its billing until the tax can be levied in 1986. Please authorize the County Attorney to advertise a public hearing for the creation, by ordinance, of a streetlighting taxing district. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, Commissioner Bowman being absent, the Board unanimously (4-0) authorized the County Attorney to advertise a public hearing for the creation, by ordinance, of a street lighting taxing district. ft C. Rejection of Bids Received on Sale of County_ Property The Board reviewed the following memo dated 10/16/85: 4 TO: Board of County DATE: FILE: Commissioners October 16, 1985 THRU: Michael Wright Administrator L.S. "Tommy" Thomas FROM: Intergovernmental Relations Director SUBJECT: Bids received on Sale of Property REFERENCES: Property is located in Section 26, Tract 32S, Range 39E - north of 42nd Street, west of the Florida East Coast Railway and at the -southern end of 24th -Avenue. (Location map attached). As shown on the attached Bid Sheet there were two interested parties that .had high bids on this property in the amount of $2,000. The assessed value on.this property is $12,750. RECOMMENDATION: It is recommended that all bids be rejected as being too low and that we be authorized to readvertise for bids on this property. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, Commissioner Bowman being absent, the Board unanimously (4-0) rejected all bids on the property described in the above memo and authorized staff to readvertise for bids on the property. D. Report Received and placed on file in the Office of the Clerk: Indian River County Hospital District 1985 Millage Levy; and copies of various resolutions adopted by the Board of Trustees of the IRC Hospital District on 9/19/85 E, Special Meeting Called -_Road Impact Fees ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, Commissioner Bowman being absent, the Board unanimously (4-0) scheduled a Special Meeting of the Board of County Commissioners to discuss road impact fees on October 30, 1985 at 9:00 o'clock A.M. 5 OCT 16 1985 BOOK 62 PAGE- OCT 16 1985 aoo2 `�acl:7 PUBLIC HEARING - REQUEST FOR SPECIAL EXCEPTION APPROVAL AND SITE PLAN APPROVAL FOR OSLO MUD BOGGERS The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL ,O�_ r Published Weekly �� a oro _.. dv^ Vero Beach, Indian River County, Flo da t, COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, -r. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of a T • f���� in the // Court, was pub- lished in said newspaper in the=�tt) / 5 Affiant further says that the said Vero Such press-Joumal Is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; 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 adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this v day ofA.D. (Bu onager) 1 (Clerk of the Circuit Court Indian River County Flora (SEAQ -�--- a <.�—+- NOTICE—PUBLIC HEAR&' Notice of hearing to consider the graining of - special exception approval for a mud -bogging course for recreational use. The subject proper? is PlaSenty owned by B.C. and Jeanette SL Perre and iS located on the west side of Inter slate 95 between Oslo Road and 17M Street i S.W. extension ' . The aubj0papery is descifbed�&s:'—' That part of tracts 12 and /3, according to the= general plat of Indian River Farms Company of Section 25, Township -.. j 33 SOuth. Range 38 East retorted M '. i-albao�k 2C.oPuage 25. Pobhc Records 01,. my, Fbntla. Lying west of the west rigor of watyof� to RReeaadd In �„ 95): said land now 1n orb than Riser County. Florets..: ,..,f. r'.r :!:I A public hesnng at which pans in Interest - no ChtRele eheli have en OPPOmmiy t0 be heard. will be held by The Board of County Cons- missioners of Indian River Counttyy. Florida, in the . Commission Chambers of the Cou AdmMis- tration Building, lOcatetl et 1840 25th Strea4 Vero Beach, Florida on Wednesday, october 16,'' 1985, at 9:05 am. If my person decides t0 appeal any decision made on the above matter, he/she wWrteed a, - racm of the proceedings. and far such put- poses. he/she may heed to ensure that a verba- .. tun record of Ne ao ,trigs is made, which In - cedes the sbtiamy antl evide.t6r whlttt' pre appeal Indian River County 'nl4t' i , ,: 1 Board of County ComtMgsiorrers By:-s-Pa%k B. Lyons. Cha,: +ca Sept. 28.Oo1 a. 1985. --• - .- The Board reviewed the following memo dated 10/7/85: TO: The Honorable Members DATE: October 7, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: REQUEST FOR SPECIAL SUBJECT: EXCEPTION APPROVAL AND Robert M. Iea t' g, CSITE PLAp APPROV Planning & Developm nt Director OSLO MUpNBOGGERSAL FOR FROM: Stan Boling REFERENCES: �,t�, Staff Planner It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of October 16, 1985. 6 ® � r DESCRIPTION AND CONDITIONS: Mike Loudermilk, lessee of the subject site owned by B.C. and Jeanette St. Pierre, has submitted a minor site plan as part of a request for special exception approval for a mud -bogging course in the A, Agricultural zoning district. The Agricultural district requires special exception approval for "public and non-public sports and recreational areas and structures". Thus this request must go through the special exception approval process. Pursuant to section 25(A).3 of the Zoning Code, Regulation of Special Exception Uses, the Board of County Commissioners is to consider approving, approving with conditions, or denying the request based on the suitability of the site for the proposed use. Uses that are granted approval should not adversely impact "... public health, safety, comfort, good order, appearance, convenience morals, and general welfare. At their regular meeting of September 26, 1985, the Planning and Zoning Commission considered this request. The Commission agreed with staff's recommendation and recommended that the Board of County Commissioners grant conditional approval to Mr. Loudermilk's request; the condition is part of staff's recommendation at the end of this report. The Commission also approved the submitted site plan subject to the Board's approval of the special exception request. The subject property is located on the west side of I-95, bounded by the 17th Street S.W. extension and"the 82nd Avenue S.W. extension. The site is accessed off of an extension of 17th Street S.W., which is currently an unimproved and unmaintained public canal road that connects to 87th Street S.W., which is a maintained unpaved County road. The proposed use is for a mud -bogging facility with use of the site limited to once a month daytime tournaments. ANALYSIS The submitted site plan proposes the excavation of a mud -bogging pit area approximately 30' X 3001, with the actual pit approximately 3'-4' in depth. The pit area is to be lined with a crowd control fence and large posts (spaced 10' apart). Participants and spectators would back-up to the posts to park on a grassed area. The pit and parking/staging area would be located on four acres of an existing grassy clearing. 1) Size of Property: 29.3 acres area of development: ±4 acres 2) Zoning Classification: A, Agricultural District 3) Land Use Classification: AG, Agricultural 4) Building Area: No permanent structures 5) Off-street Parking Spaces: Are provided on a grassed area along the proposed mud bog, which is in accordance with the type and frequency of use. 6) Traffic Circulation and Traffic Issues: The site is accessed off an unimproved and unmaintainedgrove road which is dedicated for public use via the old Indian River Farms plat. The County Public Works Division and the Indian River Farms Drainage District have indicated that 7 OCT 16 1985 Box . .62 PAA k OCT 16 1955 BOOK 62 PA-ul3 9 the road (17th Street S.W. extension) can be used by the public. However, neither Public Works nor the Drainage District will assume the obligation of maintaining the road.. Therefore, both Public Works and the Drainage District would like to monitor the road impact caused by the proposed use, and have the ability to request that the Board of County Commissioners restrict or disallow. continuation of the use if the road is adversely impacted. Although the use will be limited, such a condition would safeguard against unwanted maintenance obligations. An unpaved drive is to be cleared from the 17th Street S.W. extension point of access to the pit area. The Environmental Planner has indicated that a tree removal permit can be issued upon approval of the site plan and special exception use request. 7) Drainage: No Stormwater Management Permit is required, and no drainage improvements are necessary. 8) Landscape Plan: All requirements of Ordinance #8447 have been met. Trees completely surround the proposed area of development. 9) Utilities: The Environmental Health Director has approved the installation of a well to wash -off vehicles exiting the pit. He has also approved the use of portable toilets during the mud -bogging contests. 10) Surrounding Land Uses: North: vacant South: vacant, groves East: I-95, County landfill West: groves RECOMMENDATION Staff recommends that the Board of County Commissioners approve the special exception use request subject to the following condition: 1) That the Board of County Commissioners reserve the right to restrict or disallow the use at any time, if it is determined that the use adversely impacts the road to the subject site, known as the 17th Street S.W. extension. Staff Planner Stan Boling presented staff's recommendation for approval of the special exception use request subject to the condition that the Board reserve the right to restrict or disallow the use at any time, if it is determined that the use adversely impacts the road to the subject site. He explained that the Oslo'Mud Boggers are a group of people who identify themselves with that name and they are not a legal entity. The lease is with one individual, Mike Loudermilk of Vero Beach. 8 Commissioner Wodtke noted that the surrounding property owners had not been notified before the Planning & Zoning Commission meeting and wondered if this should go back to the P 6 Z for further consideration after proper notice is given. Director Keating pointed out that the Zoning Ordinance requirements state under Failure to Provide Notice: "The provisions hereof for mailing notices are directory only and failure to mail such notices shall not affect any change or amendment of said Zoning Ordinance. Moreover, failure to maintain a conspicuous notice on the property shall not affect any change or amendment of said Zoning Ordinance." Director Keating believed this gives the Board the opportunity not to hear the request, but does not state that the Board cannot hear it. Commissioner Wodtke noted that we have been pretty consistent over the years in giving proper notification to surrounding property owners in these matters. Mr. Boling advised that there are four surrounding property owners, one of which is the owner of the subject property, B. C. St. Pierre. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard. George C. Collins, Jr., Attorney representing the surrounding property owners, raised objection to the improper notice of the Planning & Zoning Commission meeting. He felt the provision referred to by Director Keating was intended to cure minor technical defects in the notice; however, this is a major notice. He pointed out that one of his clients, William Row & Company, owner of 160 acres immediately abutting this property did not receive a notice of the Planning 6 Zoning meeting and had they been given the opportunity to appear before that Commission, would have raised major objections at that meeting with regard to site plan, etc., and those matters could have been addressed before coming to this Board. Attorney Collins requested that the 9 BOOK 62 fact 400 OCT 16 1985 J OCT 16 1995 BooK U PAGE401 Board not hear this matter today and that it be sent back to the Planning & Zoning Commission for further consideration. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wodtke, that the Board send this back to the Planning & Zoning Commission due to the surrounding property owners not being properly notified. Under discussion, Chairman Lyons hoped that Attorney Collins would have some suggestions for other places on which to hold these events, specifically an area where the subterrain is basically moist. Attorney Collins said he would be glad to offer some suggestions and pointed out that in addition to possible vandalism, one of his clients' main concerns is the proximity of the groves with respect to the canker threat. He felt that some large areas out by CR -510 and CR -512 which were not in groves woul.d be more compatible. Administrator Wright noted that the Mud Boggers asked to use the County Fairgrounds and he turned them down. Mike Loudermilk emphasized that he was notified of this meeting only late last night, and he felt that his request for use of the Fairgrounds should have come before the Board. Administrator Wright believed that the Board would not have wanted large pits dug out at the Fairgrounds, but Commissioner Bird interjected that he felt the request should have been considered first by the Parks & Recreation Committee. He cautioned that the use of alcoholic beverages is banned in County parks. Mr. Loudermilk stated that no alcohol was planned. 10 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0) closed the Public Hearing. Chairman Lyons believed that the Commission is sympathetic and is trying to find a way to help the Mud Boggers find an appropriate location. Commissioner Bird suggested that Mr. Loudermilk make arrangements to have this matter placed on the agenda of the next meeting of the Parks & Recreation Committee. THE CHAIRMAN CALLED FOR THE QUESTION, The Motion was voted on and carried unanimously (4-0). PUBLIC NOTICE - FELLSMERE DEVELOPMENT CORPORATION REQUEST TO ENLARGE THE 1-95/CR-512 NODE & REZONE 49 ACRES FROM AGRICULTURAL AND COMMERCIAL DISTRICTS TO GENERAL COMMERCIAL DISTRICT The hour of 9:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS JOURNAL ,1��i`" "9j Published Weekly Vero Beach, Indian River County, Floridan S COUNTY OF INDIAN RIVER: :nj� STATE OF FLORIDA jar Before the undersigned authority personally appeared J. J. Schuman . ho!on'dath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a /Lr( L/ll In the matter of NOTICE OF REGULATION OF LAUSE— ND NOTICE OF PUBLIC HEARING _. • TO CONSIDER THE ADOPTION. OF A COUNTY ORDINANCE AMENDING THE COMPREHENSIVE PLAN NOTICE IS HEREBY GIVEN that the Indian = County Boartl of County Commhalo. . f teats hold a poets s a ll het wake parties ity ho I Serest Intl dtiLent Shall have an opportunity, e be heeM On Wtdnestley. Oiober 18,1985, m the I County Commis4ion Chembere Iocetetl in the I County Admintstratlon Building. 1840' 25th $Deet Vero Beach. Florida at 9:15 a.m. or as Soon thereafter as may be heard to Consider the I adopion of an ordinance entitled: AN ORDINANCE OF THE BOARD OF`' COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY. FLORIDA. AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN TO ENLARGE THE COMMERCUILANDUSTRIAL NODE AT THE INTERSECTION OF 1-95 AND < -' COUNTY ROAD 512 FROM 175 ACRES TO 240 ACRES, AS DESIGNATED ON . THE FUTURE LAND USE MAP AND DE- SCRIBED ESCRIBED IN THE TEXT OF THE LAND USE ELEMENT OF THE COMPREHEN•-••�` 3 Court, FL was pub- SIVE AN: PROVIDING FOR In the TIVE DATE - i tan:.. H any Person decides to appeal any decielon v made on the above matter, he/she will need a' lished in said newspaper in the issues of� record of the proceetlitlgs, anti for such pts - AA poses, he/see may 11Bed M ensure that a v %t IlinClu res to of the proceedings ie made, which i .LQ1 �f d"J Wutles testimony and evidence upon whklr.Mw appeal intlbiazt�River County , - - Affiant further says that the said Vero Beach Press -Journal is a newspaper published at I ' - Board of County CamnisaWnena7..70t_ ` Vero Beach, in said Indian River County, and that the said newspaper has heretofore By:•s-Patrles e. Lyorm. Chairman -,--;r s been continuously published in said Indian River County, Florida, weekly and has been enured Sept. 27, Oct 9.7985. ,ate..._.. as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserrent; and affiant further says that he has neither paidnor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. d� �._ Sworn to and subscribed before me this day of °v' A.D.LZ ( in ills ger) J, Air J (Clerk of the Circuit Court, Indian ive n n (SEAQ 11 OCT 16 1985 $SOK Q fw rOCT 16 195 VERO BEACH Published Weekly Vero Beach, Indian River SAL' O Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA • L �:7�l. j. - 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 weekly newspaper published at Vero Beach` in Indian River County, Florida; that the attached copy of advertisement, being a In the matter oft��'ho4� In the Court, was pub- lished in said newspaper in the issues of `f �J g a es' Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he hes neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the sold newspaper. Swom to and subscribed before me this day of A.D.11s__ (Clerk of the Circuit Court, Indian River County, Florida (SEAQ WOK PAIGE 433. -•.• -. •• Tlpr'IatR4"y NOTCE � PUSLfC IIEARDNi�v • _. Not1Ce et heanno to con"ar the sooymn d' ' a County crdmande rezoning land from. —& Ag;; cultural Demon and C-1 Commereut D=,C- W CG. General Commercial Datnct. The &Aect MaDerN nes presendY owned oY Feltsrebrs Dares• •opmeM Corporation end N located weR M 495. on the norM aide of Counry Road 512. The augact propary is desenbed es A PARCEL OF LANG LYING IN SECTION i20. TOWNSHIP IA31 "Ga 1a EAST, INDIAN RIVER COUNT?` ROs- IDA. SAID PARCEL ALSO LYING 0v THE - NORTHWEST QUADRANT OF TME IN. • TERSECTION OF INTERSTATE HrGH- WAY 95 AND COUNTY ROAD 512. AAD BEING MORE PARTICULARLY DE, SCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF WTER- STATE HIGHWAY 95 AND THE SOU -H RIGHT-OF-WAY OF THE TRANS FLOP, . IDA CENTRAL RAILROAD RIGHT4)A WAY, RUN SOUTHERLY ALONG THE LIMITED ACCESS RIGHT -OF -MAY TERSTATE HIGHWAY 95 AS FOLLOy1S SOUTH 08'33'14^ WEST A DLST&%CE OF 882.13': SOUTH 10°47'15` WEST A - DISTANCE OF 81027: SOUTH 42'2241 - WEST A DISTANCE OF 201.07: THENCE i NORTH 89 -ISM- WEST A DISTANCE THE EAST EASEMENT LINE OF -Ht FLORIDA GAS TRANSMISSION COU- PANY EASEMENT PER O R. BOOK M. PAGE 409• PUBLIC RECORDS 04DM ' + RIVER COUNTY FLORIDA, THENCE NORTH 01°15'15' WEST ALONG SAV EAST EASEMENT LINE A DISTANCE OF 1518.02 FEET TO THE SOUTH R)3HT- _ OF -WAY LINE OF SAID TRANS CEN--1- TRAL FLORIDA RAILWAY; THEI4CE - SOUTH 87'05'00- EAST ALONG SAM SOUTH RIGHT-OF-WAY A DWANCE -" OF 1595.12 FEET BACK TO Sk.D PONT OF BEGINNING CONTAINING 45072-.: - ACRES MORE OR LESS. - - A public hearing at wake parties in inlGGGS7 and citizens shall have an opporemot m be heard. will be held by the Board of Courcy Coro- missioners of Indian River County. F1anCa n the County Commission Chambers of the County Ad 'ra' Buudin9, beeted at 18U 251h SlreeL Vero Beach. Florida on Wedneacay. O0. 18.1985, at 9:15 AM. If any person decides to 0=2%d= made an the above matter. record of the proceedings, and for such Pwr . poses. he/she may need to am" Ihat a W02 - Urn record at the proceedmga IS made WWM m - eludes teesmony and evidence upon se.eh the appeal is based. - - Indian River County • -. Board of County Commissioners By-s-PeMck B. Lyons, Charman Sept 28, OeL 8.1985. Richard Shearer, Chief of Long -Range Planning, presented the following staff recommendation for enlargement of the node at 1-95 and CR -512 and approval of the rezoning request: TO: The Honorable Members DATE: September 30, 1985FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: Robert R. Keati"g, Planning & Developm.t Director FELLSMERE DEVELOPMENT CORPORATION REQUEST TO ENLARGE THE I-95/C.R. 512 NODE & REZONE 49 ACRES FROM C-1 & A TO CG, GENERAL COMMERCIAL DISTRICT FROM: thard Shearer, AICP REFERENCES: Fellsmere Dev. Chief, Long -Range Planning DIS:RICH2 It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of October 16, 1985. 12 M DESCRIPTION & CONDITIONS Fellsmere Development Corporation, the owner, is requesting to amend the Comprehensive Plan by enlarging the 175 acre commer- cial/industrial node at the intersection of 'I-95 and County Road 512 to 240 acres and is requesting to rezone 49.02 acres located ,north of County Road 512 and west of I-95 from A, Agricultural District, and C-1, Commercial District, to CG, General Commercial District. Included with this application is a request by the Planning Department to enlarge the node by 16 acres for a total increase of 65 acres. The applicants intend to develop this property for a shopping center. On September 12, 1985, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of this Comprehensive Plan amend- ment request and voted 4 -to -0 to recommend approval of the rezoning 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 en- vironmental quality. Existing Land Use Pattern The subject property and the land north of it is undeveloped. East of the subject property, across I-95, 'are the Wayfara Restaurant, a Dairy Queen, and a real estate office zoned C-1. South of the subject property, across County Road 512, is vacant land zoned C-1. West of the subject property is unde- veloped land zoned A. Future Land Use Pattern The Comprehensive Plan generally designates the subject proper- ty and the land around it as AG,. Agricultural (up to .2 units/acre). However, the Plan also designates a 175 acre commercial/industrial node at the intersection of I-95 and County Road 512. In December of 1983, this node was enlarged from 150 to 175 acres in order to accommodate Hetra Computers and Communication's property. A tentative node boun'ary was prepared then- to include the existing commercial uses, the Hetra property, and the necessary infill. That node boundary did not include any property west of I-95. Subsequently, the County held three workshops to discuss the future function of the nodes. At those workshops, it was determined that the Planning Department should review all of the nodes to determine if they were large enough to accommodate the future demand for commercial and industrial land in the County. Conditions have changed in this area since the Compre- hensive Plan was adopted. Hetra has received site plan ap- proval for their developmentpand most of the land in the node is in existing or committed commercial or industrial uses. Enlarging the node would provide for additional commercial uses to locate west of I-95. The staff feels that this node should include all four corners of the I-95 and County Road 512 interchange and. that in order to include all four corners in the node the node must be enlarged. 13 OCT 16 1905 MCA 62 fAuE 404 Transportation System I � 62 wf 405 The subject property has direct access to County Road 512, (classified as an arterial street on the Thoroughfare Plan). The maximum development of the subject property under CG zoning could attract up to 16,170 average annual daily trips. This additional traffic would change the level -of -service on County. Road 512 from A to C unless traffic facility improvements were made. Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. Utilities County water and wastewater facilities are not available for the subject property. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends that the I-95 and County Road 512 node be enlarged from 175 to 240 acres. Based on this recommendation, and the Planning and Zoning Com- mission's recommendation, staff recommends that the subject property be rezoned from C-1 and A to CG. Commissioner Wodtke noted that if a shopping center is built on the 49 acres, the center would be six times larger than the Vero Mail, but Mr. Shearer believed it was more like three or four times larger as the Vero Mall is approximately 14 acres. George C. Collins, Jr., Attorney representing Fellsmere Development Corporation, advised that Tom Adams, one of the shareholders, is here today to answer any questions. He explained that this property is in the perimeters of the Florida East Coast railway, which runs east and west, and the Florida Gas Line, which runs north and south. He noted that this request is consistent with the intentions of the Comprehensive Land Use Plan which requires nodes to be located at major intersections such as this one, and but for the Hetra Manufacturing Company, the intersection would have had approximately the same acreage Commissioner Bird asked where the boundary lines of the node are at present, and Mr. Shearer pointed out that today's backup material contains a tentative node boundary showing the con- figuration of what the node would look like if it was enlarged to 240 acres. This has not been adopted yet and is not being 14 considered at this time. It would include all four corners of the intersection plus a 300 -ft. wide strip that would connect the property at the intersection with the property immediately south of Hetra and the Hetra property to the north. Chairman Lyons personally felt this particular node will be a major node in the County and that we might as well face up to it. Commissioner Scurlock understood that what staff is proposing today would place agricultural between Hetra and the subject property. Administrator Wright suggested that the Board wait before expanding the node beyond today's request until an actual request is received which may be for the southeast corner rather than the northeast. Chairman Lyons felt this would put it on all four corners, which is what we have in mind. Commissioner Scurlock believed that the same argument would be used in duplicate by anybody else who wants to be included in the node. Planning & Development Director Robert Keating stressed that one of the reasons staff is making the recommendation to expand is due to the substantial amount of nodal acreage already committed to development. Commissioner Scurlock asked if staff would have the same positive attitude towards the agricultural area in between because the other side is more contiguous to what is happening, and Mr. Shearer believed they would have to. Commissioner Bird felt we should go ahead and consider staff's recommendation at this point and see what demands are received in the future. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard. There were none. 15 OCT 16 1985 BOOK 62 RAN OCT 16 1955 BOOK 62 FAG J 7 ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously (4-0) closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) adopted Ordinance 85-83 enlarging the 1-95/CR-512 Node from 175 to 240 acres, as recommended by staff. ORDINANCE 85-83 WILL BE INSERTED FURTHER ALONG IN TODAY'S MINUTES ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) adopted Ordinance 85-84 rezoning 49.02 acres from A-1, Agricultural District, and C-1, Commercial District, to CG, General Commercial District. Chairman Lyons asked if we want to give any further direction to staff at this time, and Commissioner Scurlock thought that they had the Board's feelings on where we are going. Director Keating advised that staff would analyze that when they evaluate the Comp Plan. Administrator Wright cautioned that the man who has owned this corner for 27 years may not want to pay commercial taxes yet, but Commissioner Scurlock did not believe he would have to simply because of the rezoning. 16 ORDINANCE NO. 85-84 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and Is 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 WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizen were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 31 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL ALSO LYING IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND COUNTY ROAD 512, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 95 AND THE SOUTH RIGHT-OF-WAY OF THE TRANS FLORIDA CENTRAL RAILROAD RIGHT-OF-WAY, RUN SOUTHERLY ALONG THE LIMITED ACCESS RIGHT-OF-WAY INTER- STATE HIGHWAY 95 AS FOLLOWS: SOUTH 08033'14" WEST A DISTANCE OF 682.13'; SOUTH 10°47115" WEST A DISTANCE OF 610.27; SOUTH 42°22141" WEST A DISTANCE OF 201.07; THENCE NORTH 89015'23" WEST A DISTANCE OF 474.42; THENCE SOUTH 88035'19" WEST A DISTANCE OF 734.51 FEET TO THE EAST EASEMENT LINE OF THE FLORIDA GAS TRANS- MISSION COMPANY EASEMENT PER O.R. BOOK 269, PAGE 409, PUBLIC RECORDS INDIAN RIVER COUNTY FLORIDA, THENCE NORTH 01015'15" WEST ALONG SAID EAST EASEMENT LINE A DISTANCE OF 1516.02 FEET TO.THE SOUTH RIGHT-OF-WAY LINE OF SAID TRANS CENTRAL FLORIDA RAILWAY; THENCE SOUTH 87005'00" EAST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 1595.12 FEET BACK TO SAID POINT OF BEGINNING CON- TAINING 49.022 ACRES MORE OR LESS BOOK f,41% OCT 16 1985 438 OCT 16 1995 ORDINANCE NO. 85-84 800K Be changed from A, Agricultural District, and C-1, Commercial District to CG, General Commercial District. 62 PAGE 409 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 16 day of October , 1985. BOARD COUNTY COMMISSIONERS OFCPA IAN RIVER COUNTY By k�wz � 4n�—, ICK B. LY S(h1i man Acknowledgment by the Department of State of tha of Florida this 24th day of October , 1985. Effective Date: Acknowledgment from the Department of State received on this 30th day of October , 1985, at 10:30 A'.M:/P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. %Aw Bruce Barkett, Assistant County Attorney PUBLIC HEARING - VISTA PROPERTIES REQUEST TO REDESIGNATE 4 ACRES FROM COMMERCIAL TO MD -2 AND REZONE FROM C-1 TO RM -10 The hour of 9:15 o'clock A.M. having passed, the Deputy Clerk read the following Notices with Proof of Publication attached, to wit: 18 ai • - .••:• -PUBLIC VERO BEACH PRESS.JOURN L `G w�% F NOTICE HEARING NG Notice r a CCOU"of hearing orrdaencerorez rezoning la cOnSider W Lftem:adoptimor COMMOriy District C•. r Residential The Subject pr ,ate 1 Published Weekly CJ t 1 Vero Beach, Indian River County, •onde "';;''- "% 1i • NOTICE—PUBLIC HEARING To CONSIDER THE ADOPTION THE (; •' -� '' %' rV COUNTY OF 4 LLAAND'UUELEMENTE plpENOING OF THE COMPREHENSIVE PLAN NOTICE of hearing to co�er the adoption of INDIAN RIVER: �� STATE OF FLORIDA c .1T J ��• (;T _ a County Ordinance amend the Land Use Ele- mint of the Comprehensive an by radMesipnat- L!�. Before the undersigned allthOrit `.Gland from: C, Commercial, to M . eecterddliryuumm-- Densly, .dal 2. The prbid u y personals appeared J. J. Schumann, y who oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper , own ea of it Beach. owned by Beach. Ino., and is iodated north of the South bl p published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, bei. Relaid Canal and east of U.S. Highway at. is 8 L� The subject property described aa: THAT PART OF THE SOU•THWEST.ONE- ,5f QUARTER OF 6ECTION 1a, TOWNSHIP:' -t, a ,e 33 SOUTH, RANGE 40 lJ1STr;1liDIlW :/as / In the RIVER COUNTY, FLORIDA. BOUNDED THE EAST BY GOLF AREA 1 OF TH - THE VISTA ROYALE GARDENS GOLF matter of COURSE AND ON THE SOUTH BY THE - INDIAN RIVER FARMS DRAINAGE 01- TRICT SOUTH RELIEF CANAL, DE- SCRIBED AS FOLLOWS." COMMENCING AT THE WEST QUAR- TER CORNER OF SAID SECTION 18, In the Court, was RUN T ALONG THE NORTH LINE OF T14EFSOUTHWEST. pub- ONE4WARTER OF SAID SECTION 18 FOR 274.38 FEET, TO THE POINT OF:: 115heal In Said news AA paper In the Issues of a� / ya1 _ BEGINNING. THENCE CONTINUE SOUTH 89° S3' 24 • EAST ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 18 FOR 143.19 FEET: THENCE RUN.SOUTH*O° 11' Sr WEST ALONG ' .THE WEST LINE OF GOLF AREA / OF Affiant further says that the said Vero Beach Press -Journal is a news paper published et Vero Beach, in said Indian VISTA ROYALE GARDENS GOLF COURSE FOR 907.40 FEET -TO THE •_ River County, and that the said newspaper has heretofore been continuous) ty Y y published M said Indian River Calan Florida, week) and has been NORTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER GH FARMS DRAINAGE THE as entered for a second class mail matter at the post office in Vero Beach, in said Indian River County, Florida period of one year next preceeding the first TRICE SOUTH RELIEF CANAL: THENCE" RUN SOUTH 74° 14. =WEST ALONG -'• publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, first SAID CANAL RIGHT -OF -WAV FOR"'-- 235.00 FEET: THENCE RUN NORTH S°. or corporation any discount, rebate, commission or refund for the purpose of securing this Salver- tisement for publication in the Said newspaper. 04' EAST FOR 975.30 FEET TO THE POINT OF BEGINNING. •T Sworn S THE ABOVE DESCRIBED PARCEL CON- TAINS 3.950 ACRES. MORE OR LESS. ' AND IS SUBJECT, TO -AN ENTRANCE to and subscribed before a th Y of D. +_ ROAD EASEMENT OVER THE NORTH'; ' 80 FEET OF THE ABOVE DESCRIBED PARCEL AND AN ACCESS EASEMENT, OVER THE SOUTH 25 FEET OF THE t (BusinTpager) 'ABOVE DESCRIBED PARCEL A Public, tearing at wh�h parties In interest - (.L� (Clerk of the Circuit Court, Indian River County, Flori and citizens Shall have an opportunity to be 1 heard. will be held missfoners Of Indianiver County Floridthe Board Of a in the (SFJ1U County Commission Chambers of the County; Admbdaheaon Building, located at 1840 25th Street Vero Beach, Florida on Wednesday. Oct- - ._. • ober tit. 1985 at 8:15 a.m. deeidea to appeal any declaim a w MA300". • - .••:• -PUBLIC - ` �G' F NOTICE HEARING NG Notice r a CCOU"of hearing orrdaencerorez rezoning la cOnSider W Lftem:adoptimor COMMOriy District VERO BEACH PRESS"JOURNAI. (, �i5 ••� yj r Residential The Subject pr ,ate 1 • r7' d f Ups1 eentfy owned by Vista Properties of Vero Beach, I Ise.. anti is located norm at the South Rww Published Weekly 9. Canal and east of U.S. Highway at. ax f.; Thesubject properly is described ac,: THAT PART OF THE SOUTHWESTONE- Vero Beach, Indian River County, FlOrida;•y'%y '•,. e,.%Wr is QUARTER OF SECTION 18. TOWNSHIP ' 33 SOUTH, RANGE 40 EAST, INDIAN '- ' v.: •;':� `� +'J •F :. �.. RNERrCOUNTV, RORIDA. BOUNDED ' - ON THE EAST BY GOLF AREA / OF COUNTY OF INDIAN RIVER: STATE OF FLORIDAt. THE VISTA ROYALE GARDENS GOLF COURSE AND ON THE SOUTH BY THE— INDIAN RIVER FARMS Before the undersigned authority personally appeared J. J. Sc�lvrSaririr)r^;WFio V oath DRAINAGE DIS. SCRIBEDASSOUTHCANAL. DE - says that he is Business Manager of the Vero Beach Press -Journal, a week ly7newspapei published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter of In the Court, was pub- lished in said newspaper to the issues of J a s Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation arty discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before a th y A.D._/ysts Hess �Ja ager) (BEAU (Clerk of the Circuit Court, Indian River County, f ride 19 OCT 16 1985 UING AT THE WEST OUAR- INER OF SAID SECTION 1S. 450° 53' 24" EAST ALONG LINE OF THE SOUTHWEST RTER OF SAID SECTION 18 36 FEET TO THE POINT OF G. ONTINUE SOUTH 89° 53'24" ING THE NORTH LINE OF THE =ST ONE-QUARTER OF SAID 18 FOR 143.19 FEET; THENCE TH 0° 11' 56" WEST ALONG T LINE OF GOLF AREA 1 OF IOYALE GARDENS GOLF FOR 907.40 FEET TO THE '.IGHT-OF-WAY UNE OF THE VER FARMS DRAINAGE CIS- UTH RELIEF CANAL; THENCE TH 74' 14. 36" WEST ALONG RCEL CON - OR LESS. ENTRANCE ` PARCEL AND AN ACCESS EASEMENT OVER THE SOUTH 25 FEET OF THE ABOVE DESCRIBED PARCEL . A public hearing at which parNss in interest Ind cidzens shelf have an opportunity to be ;said, will be held by the Board of County Com- niSsfonerS of Indian River County. Florida, in the wunry wmmiesion Gnain Of the County Admilristration Building, located et 1640 25th Street Vero Beach. Florida on Wednesday. Oct. Ober 16. 1965 w915 a.m. If any person decides to appeal any decision made on the above matter. he/she will need a record of the Proceedings* and for Such Pur- poses. he/she may need to ensure that a verbs - I dm record of the Proceetlin91; is made which in- Wudes testimony and evidence upon which the appeal ie based. Indian River County Board of County Commissioners 'Sept. 6.SALYoro. Chairman 26Ot. S. ISS_r Boa 62 PACE 410 OCT 16 1985 BOOK The Board reviewed the following memo dated 9/16/85: 62 PAGE 41 TO: The Honorable Members DATE: September 16, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: _I SUBJECT: VISTA PROPERTIES REQUEST TO REDESIGNATE 4 ACRES Robert M. Keats g, AZZP FROM COMMERCIAL TO MD -2 Planning & Development Director AND REZONE FROM C-1, COMMERCIAL DISTRICT TO 95 THROUGH: Richard Shearer, AICD RM -10, MULTIPLE -FAMILY Chief, Long -Range Planning RESIDENTIAL DISTRICT FROM: REFERENCES: Jeffrey A. GouletJA4 ZC-154 P&Z Memo Staff Planner, Long -Ran a Planning JEFF It is requested that the data herein presented be given formal consid- eration by the Board of County Commissioners at their regular meeting of October 16, 1985. DESCRIPTION & CONDITIONS The applicant, Robert Gaskill, an officer of Vista Properties, is requesting to amend the Land Use Element of the Comprehensive Plan by redesignating approximately four (4) acres from Commercial to MD -2, Medium -Density Residential 2 (up to 10 units/acre), and is requesting to rezone the subject property from C-1, Commercial District, to RM -10, Multiple -Family Residential District (up to 10 units/acre). In September, 1983, the Board of County Commissioners granted a request made by Mr. Gaskill to redesignate 19.68 acres, including the subject property and the land west of it, from MD -2, Medium -Density Residential 2, to Commercial. The current request is for four (4) acres, located at the eastern most edge of the 19.68 acres. The applicant proposes to develop condominiums on this site. On September 12, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of both of these requests. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of the current and future land uses of the site and surrounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environmental quality. Existing Land Use Pattern The subject property is currently vacant. The South Relief Canal borders the subject property to the south with existing condominium development on the south side of the canal. The property to the west (originally part of McKee's Jungle Garden) is vacant. The property to the north of the access easement is also vacant. The property to the east is part of the golf course of the Vista Royale Gardens condominium development. 20 Future Land Use Pattern The Comprehensive Plan designates the subject property as C, Commer- cial. The property to the north, east, and south of this site is designated as MD -2, Medium -Density Residential 2. The property to the west of the subject site (on the east side of U.S. Highway #1) is part of the designated U.S. Highway #1 Commercial Corridor. The property to the west of U.S. Highway #1 is designated MXD, Mixed -Use District (up to 6 units/acre). Although the subject property is currently designated Commercial, the commercial land use designation was not considered appropriate when the Comprehensive. Plan was being formulated. Conditions have not changed significantly since then, and a residential land use desig- nation is still considered more appropriate. t Transportation System The subject property has indirect (classified as an arterial street quality of service on this portion level -of -service "D" during the peak access to U.S. Highway # 1 on the Thoroughfare Plan). The of U.S. Highway #1 is rated as season. Although the maximum density allowed under a plan amendment and rezoning would generate 280 average annual daily trips, the redesignation of the subject site from commercial to residential would decrease the potential number of average annual daily trips (AADT) of the entire 19.68 acre site by 1,040. The following table illustrates the impact the redesignation and rezoning would have on future traffic if the property is developed to its maximum under current and proposed zoning. Zoning Present Commercial (19.68 acres) Proposed Residential (4.0 acres, Future Commercial (15.68 acres) Future Development (Commercial & Proposed zoning difference Environment The subject property is no nor is it in a flood-pron significant environmental property. Utilities Potential AADT 6,600 10 d.u.s./acre) 280 5,280 Residential) 5,560 1,040 t designated as environmentally sensitive e area. There does not appear to be any constraints involved in developing this County water and wastewater facilities currently are available for the subject property. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation and the fact that the commercial land use designation was not considered appropriate when the Comprehensive Plan was being formulated, staff recommends that the Board of County Commissioners approve this request to redesignate the subject property as MD -2. Based on this recommendation, staff also recommends that the subject property be rezoned to RM -10. 21 OCT 1 1 BOOK 62 412 I �OCT 16 1985 BOOK 62 PArf 413 Commissioner Scurlock asked why staff is recommending 10 units per acre as opposed to 8, and Planner Jeff Goulet explained that the rest of the Vista property is currently zoned at 10 upa and MD -2 allows up to 10 upa. Commissioner Scurlock felt that whole area was very much stressed as far as traffic flow is concerned, and did not know how much the southern extension of Indian River Boulevard will help or compound the problem. Richard Shearer, Chief of Long Range Planning, advised that 8 upa would generate 56 daily trips compared to the existing 25,000 trips on U.S. #1, and felt the difference in trips generated by 10 upa would be negligible. Commissioner Scurlock commented that he was just trying to find some consistency because he knew that the Board went for a lower density on the Strazzula property up along Indian River Boulevard. Mr. Shearer felt that was a little different situation as it was for a much larger piece of property and had single-family zoning to the south. Commissioner Scurlock noted that their argument was that Tropic Villas was at a higher density. Commissioner Wodtke recalled that we were talking about transferring densities off for a road donation. Planning & Development Director Robert Keating pointed out that the Board has approved RM -10 for one or two parcels further south along the Indian River Boulevard corridor. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard. There were none. Commissioner Scurlock asked if everyone in Vista Royale had been notified of this land redesignation and rezoning request, and Mr. Goulet explained that notice was given to the Vista Royale Property Owners Association. Mr. Shearer advised that only a couple of people attended the Planning & Zoning hearing. 22 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Scurlock, the Board unanimously (4-0) closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved Vista Properties request to redesignate 4 acres from Commercial to MD -2, Medium -Density Residential, said redesignation to be included in Ordinance 85-83 adopted earlier in this meeting. ORDINANCE 85-83 WILL BE INSERTED FURTHER ALONG IN TODAY'S MINUTES Commissioner Scurlock was concerned about the dispute on the proper access to the water plant, and applicant Robert Gaskill advised that Ron Ewing and Assistant County Attorney Jim Wilson were working on that matter. Commissioner Scurlock wished Mr. Gaskill would advise -Mr. Ewing that we think we have the matter resolved now so that it can be wrapped up, and Mr. Gaskill agreed to do so. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Scurlock, the Board unanimously (4-0) adopted Ordinance 85-85, rezoning 4 acres from C-1, Commercial District, to RM -10, Multiple -Family Residential District. 23 OCT 16 1995 6aoK PAGE 414 I V,�- UT 16 1985 lout 415 ORDINANCE NO. 85-85 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to amend the Comprehensive Plan by redesignating 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 Commis- sioners 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: THAT PART OF THE SOUTHWEST ONE-QUARTER OF SECTION 18, TOWNSHIP. 33 SOUTH, RANGE 40 EAST, INDIAN. RIVER COUNTY, FLORIDA, BOUNDED ON THE EAST BY GOLF AREA 1 OF THE VISTA ROYALE GARDENS GOLF COURSE AND ON THE SOUTH BY THE INDIAN RIVER FARMS DRAINAGE DISTRICT SOUTH RELIEF CANAL, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 18, RUN SOUTH 89053'24" EAST ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 18 FOR 274.36 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE SOUTH 89053'24" EAST ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 18 FOR 143.19 FEET; THENCE RUN SOUTH 0°11'56" WEST ALONG THE WEST LINE OF GOLF AREA 1 OF VISTA ROYALE GARDENS GOLF COURSE FOR 907.40 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS DRAINAGE DISTRICT SOUTH RELIEF CANAL; THENCE RUN SOUTH 74°14'36" WEST ALONG SAID CANAL RIGHT-OF-WAY FOR 235.00 FEET: THENCE RUN NORTH 5004'00" EAST FOR 975.30 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3.950 ACRES, MORE OR LESS, AND IS SUBJECT TO AN ENTRANCE ROAD EASEMENT OVER THE NORTH 80'FEET OF THE ABOVE DESCRIBED PARCEL AND AN ACCESS EASEMENT OVER THE SOUTH 25 FEET OF THE ABOVE DESCRIBED PARCEL. Be changed from C-1, Commercial District, to RM -10, Multiple -Family Residential District (up to 10 units/acre) . 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 16th day of October , 1985. ORDINANCE NO. 85-85 BOARD OUNTY COMMISSIONERS OF I IAN RIVER COUNTY J3 aJlvrnai�� ATRICK B. L NS, Chairman Acknowledgment by the Department of State of the State of Florida this 24th day of October , 1985. Effective Date: Acknowledgment from the Department of State received on this 30th day of October , 1985, at 10: 30 • A -.M./ P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. Bruce Barkett, Assistant County Attorney PUBLIC HEARING - SEXTON GROVE SERVICE REQUEST TO REDESIGNATE ,38 ACRES FROM LD -2, TO MXD AND TO REZONE 1.5 ACRES FROM C-1 TO CH The hour of 9:15 o'clock A.M. having passed, the Deputy Clerk read the following Notices with Proof of Publication attached, to wit: 11 VERO BEACH PRESS-JOURNAA "'7 ' c J Published Weekly • ` >?•r�98s` Veto Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: / ti STATE OF FLORIDA �Q�'/.7�77�12 a Before the undersigned authority personally appeared J. J. Schu r. who on oath o says that he isBusiness Manager of the Vero Beach Press -Journal, a weekly newspaper published N at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being p a a J�W`u� M'1 In the matter of h NOTICE — PUSUC NEARING - - TO CONSIDEFtADOPTION OF A. COUNTY ORDINANCE AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN '• [ohm of hearing to Consider the addp90n of Aunty Ordinance emen n the Land Use Ele- rt of the Comprehensive Peen by radesignw- land from: LD -2, Low -Density Residential 2 to Q. Mixed -Use District. The subject properly is sently owrred by Seaton Grove Service, Inc.. I is located on the South Site of Oslo Road 1 Street S.W.). 0062 of 12th Avenue S.W. eM It of 9th Court S.W. he aubjedt property is described as NORTH /� PEET OF THE SOUTH 300 FEET OF THE NORTH 580 FEET OF THE EAST 5 ACRES OF TRACT 4 (LESS In the Court, was pub- //) / 1 A �'9'GaG_.and r fished in said newspaper in the issues of _3 Count i !j rf eum Abmh Streel ober 1 made Affiant further says that the said Vero Beach Press -Journal is a newspaper published at 'recon Vero Beach, in said Indian River County, and that the said newspaper has heretofore Poses been continuously published in said Indian River County, Florida, weekly and has been entered • nm IS as second class mail matter at the post office In Vero Beach, in said Indian River County, Florida chide for a period of one year next preceeding the first publication of the attached copy of adver- the at tisemenY 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 adver- tisement for publication In the said newspaper, l SepL. Swom to and subscribed before me this da of A.D. IL �County, 1 (Clerk of the Circuit Court, India (SFAU 25 W RIVER COUNTY, FLORIDA. ALL NDS NOW LYING AND BEING IN IN-. W RIVER COUNTY, FLORIDA . -. hblIC hearing at which parties in interest hzens shall have an opportunity to be will be held by the Soon of CountyCom- pere W mdlan River County. Florida. in the Commission Chambers of the Cormyr shad rn SinWMg, Joeafed at 1840 251(7 Vero Beach, Florida on Wednesday. Ocl- 3,1985, at 9:15 a.m. Y Parson tleCides to appeal any decision >n the above matter, he/she ww need a of theproceed", and for such pur-' he/she may need to ensure that a verba, oft of the proeeedirtgs fe made, which In. the tesnmony, and evidence upon which Heal Is based. . Indian River County Board of County Commissioners -. . By: -s -PS, 1atrick B. Lyons. Chairman ' 6, OCL BOOK 6 41 VERO BEACH PRESS -JOURNAL Published Weekly 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 weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of In the J Court, was pub- lished in said newspaper In the issues of / �S 5 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office In Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; 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 adver- tisement for publication in the said newspaper. '% Sworn to and subscribed before me tyjs — � day of 1,% 1 A.D. ✓1 (SEAL) (Clerk of the arcult Court, Indian River County, Flop) 8009' <5 0 .. -1-;1 :r m Fd a�a J .+ —at �. 62 PAGE 41 7 VtieLic HEARING : ^' :g to consider the adoption of , tce rezonung land hos: C-1, kt to CH. Heavy Commercial wt property is presently owned. - ieriee. Inc. and Is located on Oslo Road (9th Street S.W.). us S.W. and west al.9th Court IFN's dde�scriTMt�EW :6 IRACT 4 (LESS. CANAL) i C9 j;f COURT, INDUIN RIVER COON- " FLORIDA ALLAN. NOW LYING - ' AND BEWO IN INDIAN RIVER COUNTY, FLORIDA A public hem" at which parties' in iMmeat 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 . I County Commission Chambers of the kwony 'Admints1ra9on Building, located at 1840 2Bth Street. Vero Beach. Florida on Wednesday, Did•._ ober I S. I M6. at 9:16 a.m. If any person derides to appeal any decision '.made an the above matter, he/she will need a: record of the proceedings, end for Such purr poses. he/She may need to ensure that a verbe- I" record of the proceedings k made, woke in- A cludes the tesurnany and.midence upon whkln t the appeal is based. Indian River County Board of County CaamkSiorims By: -s -Patrick B. Lyon. Chairman.l._r .:..� Sept 28, OCL 8.1986. . • _.: n:c The Board reviewed the following memo dated 10/1/85: TO: The Honorable Members DATE: - October 1, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SEXTON GROVE SERVICE SUBJECT: REQUEST TO REDESIGNATE .38 ACRES FROM LD -2, TO 6�24 )�' /. - / -7' MXD AND TO REZONE 1.5 Robert M. Keatin , AIACRES FROM C-1 TO CH Planning & DevelopmenY Director FROMRich rd Shearer, AICP REFERENCES: ZC-151 P&Z Memo Chief, Long -Range Planning CHIEF It is requested that the data herein presented be given formal consid- eration by the Board of County Commissioners at their regular meeting of October 16, 1985. DESCRIPTION & CONDITIONS Sexton Grove Service, Inc., is requesting to amend the Comprehensive Plan by redesignating .38 acres from LD -2, Low -Density Residential 2 (up to 6 units/acre), to MXD, Mixed Use District (up to 6 units/acre) and to rezone 1.5 acres from C-1, Commercial District, to CH, Heavy Commercial District. The applicant is proposing to redevelop the subject property for storage facilities. 26 CA On January 23, 1985, the Board of County Commissioners rezoned 30.8 acres of land east and west of the subject property from C-1 to single-family. The subject property was not included in that request because it contained an existing commercial use. On August 22, 1985, the Planning and Zoning Commission tabled action on these requests. On September 12, 1985, the Planning and Zoning Commission voted 4--to-0 to recommend approval of both of these requests. ALTERNATIVES & ANALYSIS In this section,'an analysis of the reasonableness of the application will be presented. The analysis will include a description of the current and future land uses of the site and surrounding areas, potential impacts on the transportation and utility systems, and any, significant adverse impacts on environmental quality. ' Existing Land Use Pattern The subject property contains a grove caretaking business. North of the subject property, across Oslo Road, are vacant lots zoned M-1, Restricted Industrial District, and vacant lots and single-family dwellings zoned C-1. Further north are single-family dwellings and vacant lots zoned RS -6, Single -Family Residential District (up to 6 units/acre). East of the subject property are single=family dwell- ings, a church and vacant land zoned RS -6 on the south side of Oslo Road; and a pool hall, grocery store, single-family dwellings, and vacant land zoned C-1 on the north side of Oslo Road. South of the subject property is vacant land zoned C-1 and single-family dwellings and vacant land zoned RS -6. West of the subject property are single- family dwellings and vacant land zoned RS -6 --on the south side `of Oslo Road; and single-family dwellings and vacant lots zoned C-1, and warehouses, auto repair facilities, auto cleaning businesses, and other heavy commercial uses zoned M-1 on the north side of Oslo Road. Future Land Use Pattern The Comprehensive Plan designates the north three hundred feet of the subject property and the land north and west of it as part of the Oslo Road MXD, Mixed -Use District (up to 6 units/acre). The south one hundred feet of the subject property and the land east, south, and west of it is designated as LD -2, Low -Density Residential 2 (up to 6 units/acre). While the staff recommended denial of the applicant's original Compre- hensive Plan amendment and rezoning requests for this property, the staff and the applicant's attorney met to work out problems staff had with the original request. Staff's main problem was extending the MXD area to cover undeveloped lands where conditions have not changed since the Comprehensive Plan was adopted. However, the amended Comprehensive Plan amendment and rezoning requests cover only the part of the applicants' property currently in commercial use. Staff feels that since the south 100 feet of the subject property is currently in commercial use that it could more reasonably be included in the, MXD area to the north than the LD -2 land use designation to the south. The requested CH zoning is consistent with the County's recent rezoning of 28 acres west of the subject property from C-1 to CH and would allow less intense land uses than the M-1 zoning to the north. 27 OCT �9� BOOK 'PAGE 418 i Transportation System BOOK 62 fvA f 419 The subject property has direct access to Oslo Road (classified as an arterial street on the Thoroughfare Plan). The maximum development of the subject property under CH zoning could attract up to 113 average annual daily trips (AADT). Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. TTi- i l ; +-; A County watermain runs along the north side of Oslo Road. County wastewater -facilities are not available. RECOMMENDATION Based on the above analysis, including the Planning and Zoning'Com- mission's recommendation, staff recommends that the south 100 feet of the subject property be redesignated from.LD-2 to MXD and that the subject property be rezoned from C-1 to CH, Heavy Commercial District. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard. Joe Collins, Attorney representing Sexton Groves, noted that J. B. Egan is present this morning to answer any questions. Attorney Collins explained this property is no longer appropriate for a grove service, and Sexton Groves desires to relocate its service area out west of town nearer to its groves and change the use of the subject property from industrial to heavy commercial, which would be more compatible with the area. The request for heavy commercial is made to accommodate mini -storage, which cannot be done in commercial areas. The grove service is presently using approximately 600 feet of commercial, and when they came in for a request for commercial for the north 1200 feet of property, staff came out with a negative recommendation. After discussing this with staff, the applicant felt they could live with 400 feet, and staff felt that was consistent as the 400 feet is being used for heavy commercial presently, probably a heavier commercial than what they are planning. He pointed out that any change in use must meet site plan, landscaping and parking requirements and that Oslo Road is going to be a major arterial in the future. He believed the net effect of the rezoning to a more compatible use will substantially upgrade that area and be a benefit to the community. 28 M M Commissioner Scurlock hoped that they would not destroy the old train station there, and Attorney Collins reported that several historical societies have shown some interest in moving it to another location. ChairmaA Lyons opened the Public Hearing and asked if anyone wished to be heard. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0) closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved the Sexton Grove request to redesignate the land use of the south 100 feet of the subject property from LD -2, Low -Density Residential 2, to MXD, Mixed Use District; said redesignation to be included in Ordinance 85-83 adopted earlier in this meeting. 29 L. OCT 161985 62 490 J 8009 '6 �}�;,4 ORDINANCE #85-83 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; PROVIDING FOR REDESIGNATING VARIOUS PROPERTIES IN THE UNINCORPORATED PART OF THE COUNTY; PROVIDING FOR ENLARGING THE 175 ACRE COMMERCIAL/INDUSTRIAL NODE LOCATED AT THE INTERSECTION OF I-95 AND COUNTY ROAD 512 TO 240 ACRES; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, Florida Statute 163 requires that local governments prepare and adopt Comprehensive Plans, and WHEREAS, The Board of County Commissioners has adopted a Comprehensive Plan pursuant to Florida Statutes, and WHEREAS, Florida Statutes provide for the amendment of Comprehensive Plans twice per calendar year, and WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency, has held public hearings and made recommendations concerning these amendments, and WHEREAS,.the Board of County Commissioners has held public hearings at which parties in interest and citizens were allowed to be heard, and WHEREAS, the Board of County Commissioners has determined that these amendments are consistent with the general spirit and intent of the County's Comprehensive Plan, NOW, THEREFORE, BE IT ORDAINED by the Board of County _ Commissioners of Indian River County, Florida, that the Land Use Element of the Comprehensive Plan of Indian River County, Florida, and the accompanying Land Use Map, be amended as follows: SECTION -1 That the Land Use Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: THAT PART OF THE SOUTHWEST ONE-QUARTER OF SECTION 18, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN RIVER COUNTY, FLORIDA, BOUNDED ON THE EAST BY GOLF AREA 1 OF THE VISTA ROYALE GARDENS GOLF COURSE AND ON THE SOUTH BY THE INDIAN RIVER FARMS DRAINAGE' DISTRICT SOUTH RELIEF CANAL, DESCRIBED AS FOLLOWS: ORDINANCE # 85-83 COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 18, RUN SOUTH 89°5324" EAST ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 18 FOR 274.36 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89053124" EAST ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 18 FOR 143.19 FEET; THENCE RUN SOUTH 0011'56" 'WEST ALONG THE WEST LINE OF GOLF AREA 1 OF VISTA ROYALE GARDENS GOLF COURSE FOR 907.40 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS DRAINAGE DISTRICT SOUTH RELIEF CANAL; THENCE RUN SOUTH 74014'36" WEST ALONG SAID CANAL RIGHT-OF-WAY FOR 235.00 FEET: THENCE RUN NORTH 5004'00" EAST FOR 975.30 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL CONTAINS 3.950 ACRES, MORE OR LESS, AND IS SUBJECT TO AN ENTRANCE ROAD EASEMENT OVER THE NORTH 80 FEET OF THE ABOVE DESCRIBED PARCEL AND AN ACCESS EASEMENT OVER THE SOUTH 25 FEET OF THE ABOVE DESCRIBED PARCEL; Be changed from Commercial, to MD -2, Medium -Density Residential 2 (up to 10 units/acre). All with the meaning and intent and as set forth and described in said Land Use Element. SECTION 2 That the Land Use Map be changed in order that the following described property situated in Indian River County , Florida, to -wit: THE NORTH 100 FEET OF THE SOUTH 300 FEET OF THE NORTH 660 FEET OF THE EAST 5 ACRES OF TRACT 4 (LESS CANAL) SECTION 25, TOWNSHIP 33 SOUTH, RANGE 39 EAST, AS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, INDIAN RIVER COUNTY, FLORIDA. ALL LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. Be changed from LD -2, Low -Density Residential 2, to MXD, Mixed -Use District. SECTION 3 That page 35 of the text of the Land Use Element of the Comprehensive Plan be amended to read as follows: I-95/8.11. 512 COUNTY ROAD 512 INTERCHANGE This is a commercial/industrial node containing ene hundred seventy-five {}45} two hundred forty (240) acres. CODING: Words in struck through type are deletions from existing law; words underlined are additions. CT 16 1985 BOOK 6 �� OCT 16 1995 ORDINANCE #85-83 BOOK 62 fuE 123 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgement 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 on the 16th day of October 1985. BOARD OUNTY COMMISSIONERS OF INDtAN.IRIVER COUNTY BY • t�l�l P RICK B..-LYO S, hairman Acknowledgment by the Department of State of th tate of Florida this 24th day of October , 1985. Effective Date: Acknowledgment from the Department of State received on this 30 day of Oct., 1985, at10.:30' A.M. /P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL -SUFFICIENCY. BRUCE BARKETT,-Assistan Attorney ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Ordinance 85-86 rezoning 1.5 acres from C-1 to C -H, Heavy Commercial as requested by Sexton Grove Service. 32 s � � ORDINANCE NO. 85-86 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and 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 WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which -parties in interest and citizen were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: NORTH 460 FEET OF THE EAST 5 ACRES OF TRACT 4 (LESS CANAL) SECTION 25, TOWNSHIP 33 SOUTH, RANGE 39 EAST, AS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, INDIAN RIVER COUNTY, FLORIDA. ALL LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. Be changed from C-1, Commercial District to CH, 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 16 day of October , 1985. BOARD F COUNTY COMMISSIONERS OF DI RIVER COUNTY ICK B. 4ONX, Chairman OCT 16 1985 BOOK 62 PA -UE 424 Ftor 62 %46 PUBLIC HEARING _ DEVELOPMENT PARTNERS, INC. REQUEST TO REDESIGNATE 15.23 ACRES FROM LD -2 TO COMMERCIAL AND TO REZONE FROM AGRICULTURAL DISTRICT TO GENERAL COMMERCIAL DISTRICT The hour of 9:30 o'clock A.M. having passed, the Deputy Clerk read the following Notices with Proof of Publication attached, to wit:°4 F.,r VERO BEACH PRESS-JOURpiAL y � "� Published Weekly ! - Vero Beath, Indian River County Florida ; 1'� `r �- COUNTY OF INDIAN RIVER: \� STATE OF FLORIDA �� _ < r,?^ L� 1' F NOTICE OF REGULATION OF LAND USE— l Before the undersigned authority i g y personally appeared J. J. $chum�Pitt-Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being OFA COUNTY ORDNANCE NOTICE IS HEREBY GIVEN that the Indian River County Board of County Commissioners, Shall hold a public hearing at which parties in in- _ / and ol„ire the uimy nco mnia^asian % e s mesit Coens Cna of t a the County Building, located rest. Veto 26th Street, Vero BBBdd, Floridarida al n In the matter of Wednesday. aanOrdiancen9d rre adoption AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. AMENDING THE BOUNDARIES OF THE COMMEP- CULL NODE AT 66th AVENUE. AND . STATE ROAD60 AS ADOPTED IN ORDI•. )n the Court, was pub- NANCE 6532 AND AS GENERALLY DE- r. SCRIBED IN THE TEXT OF THE LAND;.,. USE ELEMENT AND DEPICTED ON THE,,.; , LAND USE MAP OF THE LAND USE fished In said newspaper in the issues of r S ELEMENT OF THE COMPREHENSIVE PLAN; PROVIDING FOR BOUNDARY MAP OF THE NODE AND EFFECTME•-:- I .d•GF�+C/6'7_// DATE.: - i A map of the proposed node boundar Iii.' available at me Planning Department office on Affiant further says that the said Vero Beach Press -Journal is a newspaper published at iii second floor Of the County Adminlffirstlon Vero Beach, in said Indian River County, and that the said newspaper has heretofore It any person tlecides to appeal any decision been continuously published in said Indian River County, Florida, weekly and has been entered made on the above matter, he/she will need e as second class mail matter at the post office in Vero Beach, In said Indian River County, Florida (record of the proceedings• and for such Per - for a period of one year next preceeding the first publication of the attached copy of adver- Posse. he/she may need to ensure mat a verba- tisement; and affiant further says that he has neither paid nor promised any person, firm or i pin mod of the Proceedings is made which in- udes teslmony and, evidence corporation any discount, rebate, commission or refund for the purpose of securing this adver- appeal w �� upon -welch the tisement for publication in the said news P paper. Indian River County - Sworn Board at County Commissioners By: s PeMck B. Lyons, Chairmen„ SepL 26, oat• 6.19116• to and subscribed before me thi d y of A.D.� = ^ I - _. o sig: • e f�(B nes;r a •ger) (Clerk of the Circuit Court, Indian River County, Florida (SEAU O' c� VERO BEACH PRESS -JOURNAL as Published Weekly Vero Beach, Indian River County, Florida•,yam C1.41i4'° NOTICE OF REGULATION OF LAND USE - COUNTY OF INDIAN RiVER: ` NOTICE OF PUBLIC HEARING. . DOPTION TO EAINANCE STATE OF FLORIDA A COUNTYSIDER ORDINANCE OF A COUNTY ORDINANCE Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath i AMENDING THE COMPREHENSIVE PLAN NOTICE IS HEREBY GIVEN that the Indian says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published Rhw County Board of County Commi isrmrors. at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being shaft hold a Public hearing ewhich curbs m tri, West and dBxens cines fi an opportunity to be heard, In the County Commission Chambers of the County Administrallon Building. located at a (`/� . 1640 25m Street, Vero Beabh. Florida on • Wednesday. October 16, 1985. at 6:30 a.m. to Conitlo the adoption of an ordmance entitled:. ��Gf-OL% AN ORDINANCE OF THE BOARD HE In the matter of J� ' N �a%?fi AN i I COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING . _ THE LAND USE ELEMENT OF THE - COMPREHENSIVE PLAN TO ENLARGE - I I THE COMMERCIAL NODE AT THE IN-, - t in the / Cant, 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, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; 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 adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this 1 day o A.D. 1t,— L 11 ( � anaH eA I (Clerk of the Circuit Court, Indian River County, Florida) (SEAQ 33 If any person decides to appeal any d«Ielmt made on the above matter, Ire/ahe nrw need a record off proo�dinge, and for such twr- recoorrd of thelpprneed oceedings Is maddelwhicchh k�n- eludes testimony and evidence upon which the appeal is Dosed: _-_- _ 4_. indnan Rhm County anhmieail !,:�F By:-s-Patrkk B. Lyon, SepL 26, Oct 6.1.L. VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida ; , r;.,i}! A 8S Zo COUNTY OF INDIAN RIVERS tr 7• � STATE OF FLORIDA \9�4adveW P^i'Abe V Before the undersigned authority personally appeared J. J. Sc� says that he is Business Manager of the Vero Beach Press -Journal, a week(d at Vero Beach in Indian River County, Florida; that the attached copy of g w in the matter of %1 --'*w r1d4 "- C) C 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, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; 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 adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this y of A.D. I i r (Bus anagr{ (Clerk of the Circuit Court, Indian River County, FI da) (SEAQ i .^NOTICE—PUBsCe-r INO Nouse of hearing to consider the adoption of a Cor l ordinate rezoning IarW from: A. AgrY ' culture' Di subject to CG, General Commercial p1a„ Th. The h B.* Tf V%" -y m pesml9y owned by - The Beach Bank of Vero Beacir es Truatea orb • rs C$! west of. Kings Highway (58th Avenue/C.R. 505A) and aponuuotateiy 800 feet norm of S R. 80 (20th Street). , The subleq prp�ry re described THE NORTH 809.41 FEET OF TRACT smip 8SECTION 5. TO33 , RANGFA E 39 ST,, ANCCORDING O THE .. OF LANDS OF IN. DDIIAN RIVER FFAT GENERALRMSTCOWANy AS RE. • CORDED IN PLAT BOOK 2. PAGE ZS OF THE PUBLIC RECORDS OF COF T r r The Board of County Qommsalona a'duct will tort the a� am W the deblic cision tryhlgh8me appeal by Zoning Commission t0 reoommand d�lnpp and ovej of the rezoning request The public hearing, at which parties In Interest and citizens shall have an opportunity to be heard, Will be held by the Board of County Commissioners of Indian River Co". Florida. N me County Commission chambers Of the County Administration BuiW1tli1rt�p�,, tocWed at 1840 25th Street. Vino Beach, F'I=.. on Wednesday. October 16.1985. wiat 9:30 a.m. mauh de ma above matter. be/Shew will a . record Of the proceedings. MICI for .such our.POM , he/scord he may � to ire that a verba-. Outfits the testimpr b metle, whloh trf the appeal re bW.=.W u!"i upon which Indian River County - - 8Boardp County Win•,.' SBp1. Si, O- B, 1958. The Board reviewed the following memo dated 9/30/85 and letter of opposition to rezoning received October 10, 1985: TO: The Honorable Members DATE". September 30, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCUR4ENCE: SUBJECT: Robert . Keat' g, P Planning & Development Director K7 FRO('chard Shearer, 'chard Long-Range DEVELOPMENT PARTNERS, INC. REQUEST TO REDESIGNATE 15.23 ACRES FROM LD -2 TO COMMERCIAL AND TO REZONE FROM A, AGRICULTURAL DISTRICT, TO CG, GENERAL COMMERCIAL DISTRICT. AICP REFERENCES: ZC-152 P&z Memo Planning RICH2 It is requested that the data herein presented be given formal consid- eration by the Board of County Commissioners at their regular meeting of October 16, 1985. DESCRIPTION & CONDITIONS Development Partners, Inc., an agent for the Beach Bank, trustee, is requesting to amend the Comprehensive Plan by redesignating 15.23 acres from LD -2, Low -Density Residential 2 (up to 6 units/acre), to Commercial, and to rezone from A, Agricultural District, to CG, General Commercial District. In order to approve this rezoning request, the County would also have to amend the boundaries of the Kings Highway and State Road 60 commercial node. The applicants intend to develop the subject property, and 18 contiguous acres to the south, for a shopping center. 34 C T16198� BOOK pua � OCT 16 1985 Because the County's cunuuercial development location adjacent to node, this application node from 160 to 175 BOOK 62 FAGE 42 I Comprehensive Plan is structured to concentrate in nodes, and because of the subject property's the existing Kings Highway and State Road 60 is considered a request to enlarge the existing acres and to revise the boundaries of the node to include the subject property. On March 6, 1985, the Board of County Commissioners enlarged the Kings Highway and State Road 60 node from 140 to 160 acres. On April 10, 1985, the Board of County Commissioners adopted an ordinance establishing boundaries for the 160 acre Kings Highway and State Road 60 node. On August 22, 1985,. the Planning and Zoning Commission voted 4 -to -0, with an abstention, to recommend that the request to amend the Compre- hensive Plan be denied. The Commission also voted 4 -to -0, with one abstention, to recommend that the node boundaries not be adjusted to include the subject property. In addition, the Commission voted 4 -to -0, with one abstention, to deny the rezoning request. The applicant has appealed that decision. The Commission gave as their reasons for recommending denial the facts that there is a considerable amount of vacant commercially -zoned land in this area which does not justify an enlargement of the node, that the node boundary should not be adjusted to accommodate the subject property, and that based on these recommendations and the fact that the subject property abuts a single-family subdivision, that the rezoning request should be.denied. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of the current and future land uses of the site and surrounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environmental quality. Existing Land Use Pattern The subject property is undeveloped. North of the subject property is a single-family subdivision zoned A, Agricultural District. East of the subject property, across Kings Highway, is Ryanwood Shopping Center, under construction, which is zoned C-1, Commercial District. South of the subject property is undeveloped land zoned C-1. Further south, across State Road 60, is undeveloped land zoned C-1. West of the subject property is undeveloped land zoned RM -6, Multiple -Family Residential District (up to 6 units/acre). The land in this area zoned C-1 will be assigned to the CG zoning classification in the near future. Future Land Use Pattern The Comprehensive Plan designates the subject property and the land north and west of it as LD -2, Low -Density Residential 2 (up to '6 units/acre). The land east and south of the subject property is included in the Kings Highway and State Road 60 commercial node. In order to develop the subject property for a shopping center, the Comprehensive Plan would have to be amended to enlarge the Kings Highway and State Road 60 node; the node boundaries' would have to be amended, and the property would have to be rezoned. In analyzing this request, the staff first looked at the proposal to enlarge the node. Currently, this node contains 160 acres with the acreage broken down as follows: 35 � � r 1) Winn-Dixie and adjacent commercial uses west of 43rd Avenue 2) Indian River Farms Drainage District Office 3) Ed Schlitt Agency 4) First Bankers West Side Facility 5) Ryanwood Shopping Center (under construction) 6) Oak Terrace Restaurant 7) Vacant infill property east of Kings Highway zoned commercial 8) Infill property east of Kings Highway zoned RS -6 9) Vacant property zoned commercial west of Kings Highway 10) County water tower & City power substation 6.38 acres .59 acres .19 acres 1.79 acres 18.68 acres 2.1 acres 54.58 acres 16.23 acres 57.94 acres 1.53 acres Based on this acreage breakdown, there are 11.05 acres of land in the node already developed in commercial uses, 18.68 acres currently being developed for commercial uses, and 128.74 acres which could be devel- oped for commercial uses. The existing commercial development repre- sents only 7 percent of the node acreage; the commercial development under construction represents 11.7 percent of the node acreage, and the land available for future commercial development represents 80.5 percent of the node acreage. Moreover, there are still several large parcels of land in the existing node that are available for develop- ment. A vacant 17 acre parcel and a vacant 20 acre parcel are located southwest of the Kings Highway and State Road 60 intersection. Based on the facts that less than 20 percent of the node is currently being used or developed for commercial uses and that more than 80 percent of the node is available for commercial development, staff does not feel that there is justification for enlarging the node at this time. In reviewing this request, the staff also looked at the existing node boundary to determine whether or not some shifting of the boundary was justified in order to accommodate the subject property in the existing 160 acre node. Because this node boundary was established just last April, the boundaries had been under discussion for more than a year prior to be being adopted, and the fact that the node boundary is fairly specifically described in the Comprehensive Plan, there seems to be little justification for altering the boundary. Any alteration in the boundary without an enlargement of the node would require other property to be removed from the node in order to accommodate the subject property. Based on this analysis, staff does not feel that the 160 acre Kings Highway and State Road 60 node should be enlarged at this time. Since the staff does not feel that the node should be enlarged and because the node boundaries were recently adopted, staff does not see any need to adjust the boundaries to include the subject property. If the subject property is not included in the node, then the requested CG zoning would not be conformance with the Comprehen- sive Plan because the land use designation for the subject property is LD -2, Low -Density Residential 2. Moreover, the proposed CG zoning for the subject property would allow uses that would be incompatible with the single-family development to the north. 36 goon 6 2 PA;t 428 J Transportation System The subject property has direct access to Kings Highway (classified as an arterial street on the County's Thoroughfare Plan). If developed with the property to the south, direct access would also be available to State Road 60 (also classified as an arterial street). Development of the subject property for a community shopping center could attract up to 6,747 average annual daily trips (AADT). If developed with the property to the south, the maximum development of the two properties could attract up to 13,770 AADT. State Road 60 currently carries approximately 15,000 AADT at level -of -service "A". Kings Highway currently carries approximately 5,300 AADT at level -of -service "A". This proposed development would reduce the level -of -service on these two facilities to level -of -service "C". Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. Utilities County water is available for the subject property, and County waste- water facilities will be available in the near future. RECOMMENDATION Based on the above analysis, particularly the fact that less than twenty (20%) percent of the node's acreage is used or being developed for commercial uses and the Planning and Zoning Commission's recommen- dation, staff recommends that the node not be enlarged. Based on the recommendation not to enlarge the node, the fact that including the subject property in the node would require deleting another property from the node, and the Planning and Zoning Commission's recommenda- tion, staff recommends that the node boundary not be altered to include the subject property. Based on the recommendation that the subject property not be included in the node, the fact that the subject property abuts a single-family subdivision to the north, and the Planning and Zoning Commission's recommendation, staff recommends that thg-,request to rezone the subject property to CG be denied. October 7, 1985 Board of County Commissioners 1840 - 25th Street Vero Beach, Florida 32960 RE: Rezoning of property located on S.R. 60 and 58th Avenue Public Hearing on October 16, 1985 Dear Commissioners: My wife and I will unfortunately be out of town for the hearing on the above referenced rezoning matter. We would like to state that we are opposed to this rezoning and ask that you consider it carefully before a final decision has been made. This letter is being sent to inform you of our opposition and also that no one will be at the meeting representing us. Very truly yours, . John D. Almond, III 5875 - 23rd Street 37 M M Chairman Lyons announced that a letter was received yesterday from Chester Clem, attorney representing Development Partners, Inc. requesting a postponement of this appeal. Commissioner Scurlock asked what the proper procedure would be, and County Attorney Vitunac recommended that the Board not open the public hearing unless staff has some objection to a postponement. Attorney Clem reported that they have had some meetings with the folks in Rivera Estates and have not had a lot of cooperation since the Planning & Zoning hearing. He stated he was not here to represent that they were going to be able to get everybody in accord, but they do have some other things to talk over and circulate with the residents, perhaps at another meeting with them. Their thoughts on this is that they would like to do that before bringing this back to the Board. He stated that they advised as many people as possible in Rivera Estates that they were going to request a continuance today as well as the Planning Department and the County Attorney's office. They simply would like to readvertise, if that is a necessity, or just continue it to a date certain, and go ahead and get this thing off and out of the way. Commissioner Scurlock did not mind postponing it, but felt that if they reduced their request for the rezoning to something less and left out the -approximate 6 acres which they are declaring as a buffer area, that they might find some more acceptance than they would by including it. Attorney Clem felt that they could get to that point with a dedication as, frankly, that acreage is needed in the computations. He advised that they have been working with an attorney who resides in the subdivision and who represents some of the people, at least, in trying to get something down so that they can give the assurance that they do have a permanent buffer strip there. It is not going to make everybody happy, but they would like to be able to let everybody know what they have on 38 ® C r BOOK 62 ma 430 OCT 16 1985� , X431 their minds and propose something that is legally defensible and legally enforceable. Commissioner Scurlock had a real concern about expanding a node before the vacant land within the node is developed and not having any assurance that the new guy on the block whom you are expanding the node for is or isn't going to go ahead and aggressively pursue the projects after the rezoning. He suggested that perhaps they might wish to address that also. Attorney Clem stated he would be happy to address all of those items, as much as they possibly can at a rezoning and nodal change meeting. Chairman Lyons realized that this neighborhood is very disturbed and wished this matter to be brought to a head as quickly as possible so people can go back to sleeping at nights and feel less concern about this whole affair. He asked Attorney Clem how long he felt it would take to get this matter settled one way or another. Attorney Clem wished it to be rescheduled as soon as possible, perhaps next Wednesday, October 23rd. Richard Shearer, Chief of Long -Range Planning, had a problem with that date, because based on the new Florida statutes that took effect on October 1, 1985, the County can only look at amendments to the Comp Plan twice per calendar year, and noted that we are stretching it for the last three months of 1985. The State has given the Board permission to look at it on two separate occasions between October 1st and December 31st. Commissioner Scurlock suggested we open the public hearing and then continue it, but Mr. Shearer advised that on December 4, 1985, they will be receiving another group of Comp Plan amendment applications and Planning has asked the applicant to reschedule it for that date, which will give them adequate time and will give staff time to readvertise and send out new notices to the surrounding property owners. 39 Commissioner Scurlock felt that what Chairman Lyons is saying is that we have a lot of people out there who are tired of not knowing what is going to happen to them and want to know whether or not there is going to be a shopping center in back of a them and get on with it. That is what he has got from the residents in the area, and Chairman Lyons stated that was his feeling also and wondered what the best vehicle would be. Mr. Shearer clarified that he was not recommending that the Board necessarily postpone it, but if they do, staff would like to do it on December 4th. Attorney Clem stated he had no objection as they want to get it done also and repeated that they are not here to represent that they are going to get everybody lined up -- they might and they might not -- but they would like to have an opportunity to present their plans to them. He reported that the residents had a meeting on Monday evening of this week, but there just has not been enough time to get everything pulled together. If the meeting is to be December 4th, then it is December 4th. it. Mr. Shearer suggested that the developer could reschedule Commissioner Wodtke understood in that case the applicant has the option to withdraw the request rather than to postpone it. Commissioner Scurlock did not feel that we had any choice because the option for the applicant is to withdraw his request and then he can resubmit it at the next time period. Mr. Shearer explained that the Board can hear it today as scheduled or postpone it until December 4th when the new Comp Plan land use amendment applications come through. Another alternative would be for the applicant to withdraw the request, and the fourth alternative would be for them to come back in January and reapply. Attorney Vitunac explained that his office has been seeing some restrictive covenants prepared by Attorney Clem's office and 40 OCT 16 7985 62 FADE 3 OCT 161985 Boa 62 FAuE 4,3 3 felt that Attorney Clem needs some time to show those to the people out there and the other lawyers, along with the Planning staff. He recommended that the Board not hear it today on those grounds and put it off until December 4th, which gives the Legal Department the chance to get with the attorney who lives in the development and with Attorney Clem so that we will have a common legal ground when the hearing occurs. Commissioner Wodtke apologized to those in attendance who had not been notified that the applicant planned to ask for a continuance today; however, he believed the applicant has the option to ask for a postponement. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Scurlock, the Board unanimously (4-0) rescheduled the hearing for December 4, 1985 at 9:30 A.M. and authorized staff to readvertise and re - notify the surrounding property owners. PUBLIC HEARING - WEDGEWOOD PARK DEVELOPMENT, INC. REQUEST TO REZONE 77.7 ACRES FROM SINGLE-FAMILY RESIDENTIAL DISTRICT AND AGRICULTURAL DISTRICT TO RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT The hour of 9:30 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: 41 VERO BEACH PRESS"JOURNAL X23 4S 6 . NOTICE—PUBLIC HEARING Nohee of hearing to consular the adoption of h✓;\` I [� a County ordmante rezoning IeM hem 0. Agri Published Weekly r9� falllural Mat antl RS•8. &rgre-Family Resh- ba, smei reiyR en n A G� rte sae$i t Dae�rlay owned by India River Growers Senaee, Ina., Vero -Beach, Indian River County, iQrlde', :•. Charles A. and Barbara K. Roschach, Eli C. S Welker, III andEoonne L. Walker and Is located on the north side of State Road 80 aDprosunately COUNTY OF INDIAN RIVER: ' s.:r = A'west ofKihhgaHighway(SBthAvenue/'a! STATE OF FLORIDA "t .�, Thesu eat bi Property i9 tleseribed as: , Before the undersigned authority personally a Y ppeared J. J. Sch6tnprn, Jr. whA +ath A parcel of land being the Northeast tA of the Nhtrthwest % (Less and the says that he is Business Manager of the Vero Beach Press -Journal, a I ;rie*1jAz � girGlished at Vero Beach in Indian River County, Florida; that the none k dt the Southeast ti otthe Northwest %, a part of the Northeast'/. (Less Right dl attached copy o ent, being -W -way), of Section S. 1110 Township 33 South. Range 39 Rene; 39 EastInC m- tlren Count', . ig eL r a Subdivision as rehbrd� in Plat Book 10, Page 45 of the Public Records of Indian Rover County, Florida, being more parlic- ularly described as follows: Commerce to the matter of _1 h//!�f / k/�'tD•CC `a '14 of the Northwest lAof east co OfNortheast 6 thence South 00"04'00" West a dfstanee It of 30.00 feet to the south Right -of -Way of subiateral A-3 Canal and the POINT -OF - I BEGINNING of the herein described par - cal, thence south 89°58'44" East. along : the said south-Poght-of-Way, a distance In the Court, was pub- of 334.10 leal, thence south 00^03.10" West, a distance of 504.81 took thence South 55°20'04•• West, a distance of �/ Iished in said newspaper In the issues of " o u d� 170.33 feat thence South 33°13'49„ West a distance of 354.89 fear. then re South 00°01.15" West a distance of 295.20 feet; thence South 48009'52" cJ a East a dGfmce W 11 1 fast thence dialer= of 977 7SouB feet thence South 0061a7'09'• EasL . Affiant further says that the said Vero, Beach Press -Journal is a newspaper published at Vero Beach, in said Indian. River County, ahghti-o Way m S9 fastte og e�'rh - and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered thane- South 89'59.32^ W� al said nonh Rightgf-Way a distanncce of as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida v31-65 IM to the line of Whistle. _ for a period of one year next preceeding the first publication of the attached copy of adver- tisement; further wood subdivision: thence North 00°18'23" West along the and affiant se that he has neither Ys paid nor promised any person, fine or corporation any discount, rebate, commission or refund for the purpose of securing this adver- said west ane a distance of 490.84 feet. thane- North 8WST28" West a dlsfaitde of 3312 feel tisement for publication in the said newspaper. to the south line of the North Si of the Swom to and before /9 Southeast i of the Northwest 4; thence North 89°51'096• Weat along the seW south line subscribed me this day of —1-2 A.D.- .s- a distance of 1327.98 feet to the wrest line of the North K of the south. east i of the Northwest 4: thence Ndnh 00'0311" East along the said weat line a Wn ah ger) j ' r distance of 882.80 feet to the west lure of the Northeast '/. of the Northwest 14- thence North 00°00'05" West 7 along the. -said west line a distance of 1292.83 feet (Clerk of the Circuit Court, Indian River County, Florida) to the south Rightrot-Way of sublatend A-3 Canal. being 30 feet south of ere (SEAL) - north Ime of the Northeast w of the Northwest u; thence 9oute 89°51'38" East along lire seftl south line, being par- allel with the north one of tie Northeast • - -- --- _----- _ _ - _ .. 'A of lithe Northwest % a diatanee of 1329.09 fest to the POINT -Or -BEGIN - mg 77.889 acres more or _ A public hearing at which partes M it,. . tereat and citizens shall have an oppor- tun.ty to be heard, will be held by the ' Board of County Commissioners of bh- than River County. Florida, in the County Commission Chambers of the Ca Administration Buildhtg, Idcathk7 at 1 25th Street, .Vero Beach„ Fldrfda dn.,-,� Wednesday. Oat 18, tells. at 10 A.M. • d leaf aiorh m onany PSrS0n the�e mapt�hemi she will need a resorb of the proceed_ .. Ings. and for such Purposes, he/she may • •„ need to ensure gnat a verbatim record of the Proceedings IS made which Includes testi mory and evidence upon which glia . appeal is based. _ • Indian River County.., _ . -•' ," - - Boardof County . ge a i Icamn' . The Board reviewed the following memo dated 10/1/85 and a letter received from the Visiting Nurse Association of Indian River County, Inc. in favor of the development: TO; . The Honorable Members DATE: October 1, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: WEDGEWOOD PARK DEVELOP - SUBJECT: MENT, INC., REQUEST TO obert M. KezitirVgir A REZONE 77.7 ACRES FROM Planning & Developme Director RS -6 AND A TO RM -6, MULT- IPLE -FAMILY RESIDENTIAL DISTRICT FROM: kS REFERENCES: Ric and Shearer, AICP ZC-158 P&Z Memo Chief, Long -Range Planning CHIEF It is requested that the data herein presented be given formal consideration by -the Board of County Commissioners at their regular meeting of October 16, 1985. 42 eoaK 6 PA, -f 4. F 4 OCT 16 1985 Q©©a 62 facE 43 DESCRIPTION & CONDITIONS Wedgewood Park Development, Inc., an agent for the owners, is requesting to rezone 77.7 acres (including all of Whistlewood Subdivision) located north of State Road 60 and approximately one-third mile west of Kings Highway from RS -6, Single -Family Residential District (up to 6 units/acre), and A, Agricultural District (up to .2 units/acre), to RM -6, Multiple -Family Res idential District (up to 6 units/acre). The applicants are proposing to develop this property for rental apartments and a congregate living facility. The applicants originally requested an amendment to the Comprehensive Plan and rezoning to allow up to 8 units per acre. However, the applicant amended the rezoning request to RM -6 and dropped the Comprehensive Plan amendment request prior to the public hearing before the Planning and Zoning Commission. On September 12, 1985, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of the amended request to rezone the subject property to RM -6. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a descrip- tion of the current and future land uses of the site and sur- rounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environ- mental quality. Existing Land Use Pattern The subject property contains a single-family dwelling and vacant lots zoned RS -6 and vacant land and a citrus grove zoned A. North of the subject property, across 26th Street, are citrus groves zoned A. East of the subject property is vacant land zoned A, RS -6, and RM -6. Further east, is a single-family subdivision zoned A and vacant land zoned A and C-1, Commercial District. South of the subject property is vacant land zoned C -1A, Restricted Commercial District; single-family dwellings and vacant lots zoned RS -6; Bill's T.V., Peterson's Nursery,. and vacant lots zoned B-1, Planned Business District; and vacant land .zoned A. Further south, across State Road 60, are single-family subdivi- sion zoned RS -6, a single-family attached subdivision under development zoned RM -6, vacant land zoned A, and a citrus grove zoned C-1. West of the subject property are citrus groves and vacant land zoned A. Future Land Use Pattern The Comprehensive Plan designates the subject property and the land east, south, and west of it as LD -2, Low -Density Residential 2 (up to 6 units/acre) . The land north of the subject property is designated as RR -1, Rural Residential 1 (up to .4 units/acre). In addition, the Comprehensive Plan designates a 160 acre commer- cial node at the intersection of Kings Highway and State Road 60. The boundaries of this node have been established with the western boundary lying approximately 250 feet east of the south- east corner of the subject property. 43 In reviewing this Use Plan but also the Comprehensive County's recently further review the request, the staff not only considered the Land relied on provisions in the housing element of Plan and objectives and strategies in the adopted overall Economic Development Plan to applicants' request. The Housing element of the Comprehensive Plan contains the following objective: "The County will encourage the private sector to offer housing with a wide range of housing costs in order to satisfy the needs of all income levels within the community." In addition, the Housing Element contains the following implementation program: "Promote the construction of rental housing throughout the County which is affordable for low and moderate income families." The staff feels that rezoning the subject property to RM -6 will facilitate the construction of affordable housing. The County's recently adopted Overall Economic Development Plan (OEDP hereafter) lists the County's high cost of living as a constraint to economic development. Realizing that the cost of housing is a major determinant of the cost of living, the OEDP lists the following objective: "Ensure that adequate, affordable housing is available for the County's citizens." Moreover, the OEDP lists the following strategies in order to implement this objective: 1) Designate some land or create incentives such as higher allowable densities for developers interested in building lower-cost housing; 2) Direct higher residential densities to areas with necessary utilities to reduce cost per unit and thereby provide more affordable housing. Based on the LD -2 land use designation and the availability of utilities along the State Road 60 corridor, staff feels that the RM -6 zoning is the most appropriate zoning for the subject property. Transportation System The subject property has direct access to State Road 60 (clas- sified as an arterial street on the Thoroughfare Plan). The maximum development of the subject property under RM -6 zoning could generate up to 3,262 average annual daily trips (AADT). Environment The subject property is not designated as environmentally sensi- tive nor is it in a flood -prone area. Utilities A County watermain runs along the north side of State Road 60. County wastewater facilities will be in place in February. County water and wastewater capacity is available on a first- come, first-served basis in this area. The applicants have paid impact fees of $750,000 to reserve the necessary capacity from these facilities. RECOMMENDATION Based on the above analysis, particularly the availability of water and wastewater facilities in this area and the Planning and Zoning Commission's recommendation, staff recommends that the subject property be rezoned to RM -6. 44 OCT 16 1985 BOOK FAUE 4300 OCT 16 1985 . WK - .62 PAGE 4.37 THE VISITING NURSE ASSOCIATION OF INDIAN RIVER COUNTY, INC. Mrs. Hugh K. McCrystal P.O. BOX 217 r President VERO BEACH, FLORIDA 32960 i\t�►7 89 i - David H. Williamson (305) 567-5551 ��� r ' . Vice -President C,� Andrew W. Williams � d Treasurer October 9, 1985 �, z L Robert E. Poysell, Jr. CV -3 Secretary �v,+. •s� '=� '^a BOARD OF DIRECTORS Mrs. Paul T. Bakule Mr. Pat Lyons, Chairman Mrs. Lawrence Brashears Indian River County William W. Caldwell Board of Commissioners Mrs. Arthur W. Causier Mrs. G. Mason Delatield 1840 25th Street Robert Eswine Vero Beach, Florida 32960 George F. Kuhn John Kulczyckt, Jr., M.D. Dear Mr. Lyons: Mrs. John Luther Mrs. Robert F. McCabe Mrs. Clyde W. Morrison We have recently received knowledge of a congregate care facility Mrs. Frederick C. Oechsner being proposed for construction in Indian River County in con - Mrs. Garnett Radin junction with a planned residential development. Mrs. Hugh Russell Joseph W. welsh As providers of home health care for the years, Mrs. Michael Zimmer past ten ears we are aware of the problems which exist for the numerous people in our MEDICAL ADVISORY community who are unable to maintain an independent lifestyle COMMITTEE due to a physical disability. Many are institutionalized un- necessarily while others remain at home in an unsafe environment Daniel Benson, M.D. Edward nsonn, M.D. due to lack of supervision. Seth Coren, M.D. James Gordon, M.D. A large percentage of the elderly population suffers physical Garrick Kantzler, M.D. and mental problems due to loneliness and isolation brought on Mary Kaplan, M.S.W. by restrictions in activity of daily living. The congregate care Kip Kelso, M.D. concept which offers meal preparation, transportation, house - Keith Kirby, M.D. p p s p , Hugh McCrystal, M.D. keeping and social activity would greatly improve the quality of Charles F. Rattray, M.D. life and a safer environment for Vero Beach residents. Don Schultz, M.D. Michaela Tovatt-Scott, M.D. Due to the National Home Health Care Conference, we will be un- Broadus Sowell, M.D. available to attend the hearing on October 16 1985 • however it John Terry, M.D., , , Mary Lee Theg, R.N. is our hope that a favorable decision Will be made regarding the Asoka Wijetilleke, M.D. construction of a congregate living facility in our community. Robert Williams, M.D. FINANCIAL ADVISORY BOARD Sincerely, H.R. COlson t, Jr. / J / Norris Olsbn (� Col. John G. Taylor, Jr. Ann Marie McCrystal, Pre dent EXECUTIVE DIRECTOR /� Jag- 9 Mrs. John Schlitt, Jr. Sue SScch{littt, Executive Director Commissioner Scurlock pointed out that they have reserved capacity for wastewater only and have not as yet reserved water taps. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard. William Stewart, Attorney representing the applicant, felt the backup material more than adequately describes the project 45 and the request. He explained that they have worked with the owners of the surrounding property and believed the people, by and large, found the project to be acceptable and one that is desirable. The residents of Wallace Acres on the southwest expressed some site plan concerns and those will be worked out through the site plan process. They also met with the residents of Rivera Estates and found no objection. He explained that this is to be a family -rental project with the addition of an adult congregate living facility, which is a special exception under the RM -6 zoning, and both facilities must go through the site plan process. In addition, adult congregate living facilities are required to be licensed under State law and meet certain requirements. Attorney Stewart introduced Dave Quigley, President of Wedgewood Park Development, who advised that they are currently building Wedgewood Park South in Palm Bay. He explained that while he represents a large builder in New Jersey and a group of financiers in Minneapolis, he would be the actual builder of Wedgewood in Vero Beach. Cormnissioner Wodtke was concerned about Whistlewood Sub- division, and Mr. Quigley advised that they will own 100% of Whistlewood and the subdivision actually will be abandoned because they plan to use that area for swimming pools and recreation. Roger Cooper, 336 Live Oak Drive, Wabasso, believed that Indian River County has a very great need for a project like this and that it is a very well conceived and imaginative project, particularly where they blend seniors with families with pets. He had been shocked to learn that we have people working at Piper who must commute to Brevard and St. Lucie Counties for affordable housing, and strongly recommended that the development be approved. Les Caraway, resident of Wallace Acres, stated this development would come within 20 feet of his home and would spoil 46 OCT 16 1985BOOK 62 PAa 4, ' OCT 16 e �' 995 Boa fit Fac 4,39 it and make it almost impossible to sell. He felt that it would make sense for the developers to buy Wallace Acres as well and that would provide two entrances. He reported that he had looked over the Wedgewood project in Palm Bay and suggested that the Board also look at that to see if they would like a similar project within 20 feet of their home. Director Keating explained that in the new zoning categories recently approved, there is a requirement for a certain type of buffering between multiple family and single family. He noted that they have been working with the applicant on a preliminary site plan and will make sure that there is sufficient buffering between the project and any adjacent residential property. Commissioner Bird urged the developer and staff to be overly protective of Mr. Caraway's home and other existing residences in providing an adequate buffer so that they are not adversely affected by this development. He felt that the developer has enough acreage to do that. Arlene Fletcher, Director of the Council on Aging, reported that they have worked very closely with the developer and agree it i -s an excellent idea to have elderly people with younger people, children, and pets; she recommended that the zoning be approved. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0) closed -the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Ordinance 85-87 rezoning 77.7 acres from RS -6 and A to RM -6, Multiple -Family Residential District. 47 {' Commissioner Wodtke requested that the sensitive lands existing in that area, such as muck and bog holes, be addressed during the site plan process. M ORDINANCE NO. 85-87 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and 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 WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizen were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: 48 0 CT 161985 aooK 62 PAGE 440 I OCT 16 1985 BOOK 62 PAct 441 A parcel of land being the Northeast 1/4 of the North- west 1/4 (Less Right -of -Way) and the north 1/2 of the Southeast 1/4 of the Northwest 1/4, a part of the Northeast 1/4 (Less Right -of -Way), all of Section 5, Township 33 South, Range 39 East, Indian River County, Florida; Whistlewood Subdivision as recorded in Plat Book 10, Page 45 of the Public Records of Indian River County, Florida, being more particularly described as follow: Commence at the Northeast corner of the Northeast 1/4 of the Northwest 1/4 of said Section 5; thence South 00004100" West a distance of 30.00 feet to the south Right -of -Way of sublateral A-3 Canal and the POINT -OF -BEGINNING of the herein described parcel, thence south 89058144" East, along the said south Right -of -Way, a distance of 334.10 feet, thence South 00003110" West , a distance of 504.61 feet; thence South 55020104" West, a distance of 170.33 feet; thence South 33013149" West, a distance of 354.69 feet; thence South 00001115" West, a distance of 295.20 feet; thence South 46009152" East, a distance of 1102.41 feet; thence South 89053128" East, a distance of 67.78 feet; thence South 00017109" East, a*distance of 489.69 feet to the north Right -of -Way of State Highway 60; thence South 89058132" West along the said north Right -of -Way a distance of 531.65 feet to the west line of Whistle - wood Subdivision; thence North 00018123" West along the said west line a distance of 490.84 feet; thence North 89053128" West a distance of 331.92 feet to the south line of the North 1/2 of the Southeast 1/4 of the Northwest 1/4; thence North 89051109" West along the said south line a distance of 1327.96 feet to the west line of the North 1/2 -of the Southeast 1/4 of the Northwest 1/4; thence North 00003111" East along the said west line a distance of 662.60 feet to the west line of the Northeast 1/4 of the Northwest 1/4; thence North 00000'05" West along the said west line a distance of 1292.83 feet to the south Right -of Way of sublateral A-3 Canal, being 30 feet south of the north line of the Northeast 1/4 of the Northwest 1/4; thence South 89051136" East along the said south line, being parallel with the north line of the Northeast 1/4 of the Northwest 1/4 a distance of 1329.09 feet to the POINT -OF -BEGINNING. Containing 77.699 acres more or less. Be changed from A, Agricultural District and RS -6, Single -Family Residential District to RM -6, Multiple -Family Residential 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 16 day of October , 1985. 49 BOARD OF COUNTY, COMMISSIONERS OF I IAN IVER.COUNTY CK B . LYONS", Cf airman ROAD PAVING VIA SPECIAL ASSESSMENT The Board reviewed the following memo dated 9/30/85: TO: THE HONoRABLE Mifi+mm OF DATE: September 30, 1985 FILE: THE BOARD OF COUNTY CMUSSIONERS THROUGH: Michael Wright, County Administrator James W. Davis, P.E Public Works Dir FROM: Michelle A. Terry, Chief, Road Design Section DESCRIPTION AND,CONDITIONS SUBJECT: ' 'AG SSMMU VIA sPECL�L REFERENCES: The following is a list of roads within the County that if they were paved would cut down on traveling time by graders. North County Paradise Lane (East US 1) .1 mile 110 Place (East US 1) .2 miles North Tropicana Drive (East US 1) .1 mile South Tropicana Drive (East US 1) .15 mile Orchid Larbe - Live Oak Drive to CR 510 (Orchid Isle) 1.1 mile South County St. Christopher Lane (East A -1-A) .2 miles Sea Turtle Lane (East A -1-A) .1 mile Round Island East -County Park (East A -1-A) .3 mile Round Island West -County Park (West A --1-A) .3 miles The two Parks roads could be exempt and graded only when necessary. Tle other road would be Blue Cypress Road from Route 60 north to County Park 2.6 miles. At the present time, we do not have the funding to pave this long stretch of road. 1. Have roads put on paving list to be paved. 2. Have Engineering Department prepare preliminary assessment rolls for each road. 3. Notify Property Owners through registered mail of Pending Assessment and Paving and Drainage Improvements. 4. Hold a Public Hearing for Adoption of Resolution for these Paving and Drainage Improvements. Funding will be through the Petition Paving account where the Property Owner pays 75% and the County pays 25%. 50 OCT 16 1985 �a° fA X42 OCT 16 1985 �� 443 Public Works Director Jim Davis explained that when the large scale petition paving program was conceived about 3-4 years ago, staff advised the Board that if some specific roads on the County grading routes were to be paved in the future, we could consolidate the existing grading routes and provide a much more efficient grading program. In addition to the expense, there is the liability of having a slow-moving grader travel long distances on heavy trafficked roads, such as SR -60 and U.S. #1, I just to grade one or two outlying roads. He reported that since the staff memo was prepared, they have received voluntary petition paving applications for two streets in the north county, Paradise Lane and 110th Place. Commissioner Wodtke believed staff was going to have a lot of difficulty trying to determine who is going to pay what, and Administrator Wright explained that all the Board would be saying today is that we intend to go to public hearing for forced paving on these roads. Commissioner Scurlock agreed that we need to do something to consolidate our grading routes and that we should go ahead and advertise these roads and see what cooperation we get. We may find that by the County initiating the petition paving, that the majority of the property owners will agree, and then we can work out the cost effectiveness on a case by case basis. He suggested that before we go to public hearings, we mail notices to the property owners on these roads advising them of our intentions and also conduct workshops asking their cooperation in paving these roads. Director Davis wished the City of Vero Beach and the County would get together and clean up 14th Street, which is on the Y southern city limit. He confirmed that a developer intends to pave a substantial amount of Live Oak Drive on Orchid Isle; however, he did not believe that paving that stretch of Orchid Lane was a high priority because County graders would be in that area grading Jungle Trail for many years to come. 51 M Administrator Wright recommended that we drop Orchid Lane from Live Oak Drive to CR -510 for now and bring the other roads back at a later date after contacting the property owners. Director Davis hoped that sometime in the future, if the Parks budget could sustain the cost, that some of the roads in Round Island Park could be paved and that we could station an old grader at Blue Cypress Lake Park, instead of periodically sending one out SR -60. APPLICATION FOR LIBRARY PLANNING GRANT AND CONTRACT FOR CONSULTANT Chairman Lyons felt we were fortunate in having Virginia Grigg of the State Library advise us of the availability of a State grant involving non-matching funds for a consultant to study a county -wide library system. Ms. Grigg recommended Cecil Beach, who is currently the director of the Broward County library system, to perform the consultant's study. Chairman Lyons believed that Mr. Beach, who is in the Who's Who for Libraries and who received an award for being the most distinguished librarian in the country, is very experienced and would be able to get the job done by early January. The Public Library Advisory Board agrees that it would be a very good idea for us to apply for the grant and have Mr. Beach perform the study. ON MOTION by Commissioner Scurlock, the Board unanimously adopted Resolution 85-121 approving the application for a State grant for non-matching funds for a consultant to study a county -wide library system, and authorized the Chairman's signature. 52 BOOK 62 FAUF 444 QT 16 1965 RESOLUTION NO. 85-121 RESOLUTION APPLYING FOR A PLANNING GRANT FROM THE STATE LIBRARY OF FLORIDA BOOK . 62 FAG€ 443 WHEREAS, the Board of County Commissioners of INDIAN RIVER COUNTY, FLORIDA are desirous of requesting the State of. Florida, State Librarian, for a grant to perform a study of the Indian River County Public Library's current organizational structure, current and projected needs, and proposals for feasible means to meet those needs with County library facilities; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that they do hereby respectfully request that the State Librarian authorize a grant in the amount of $6,000.00 for a study encompassing current organizational structure, current and projected needs, and proposals for feasible means to meet those needs with County library facilities; BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the State Librarian, Tallahassee, Florida, and placed in the Official Minutes of the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. DONE AND RESOLVED this 16th day of October, 1985. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By ick B. L n , Chairman " c. ATTEST: �— ttv L (Seal) Clerk Approved as to form and legal sufficien y: Bruce Barkett Assistant County Attorney M a M TREASURE COAST REGIONAL PLANNING COUNCIL - TRANSPORTATION PLANNING Chairman Bird reported that the State has requested the Treasure Coast Regional Planning Council to submit a corridor plan to them'showing where all of the present and future rights- of-way are going to be needed in each of the individual counties. The local plans will be consolidated into a regional plan, which will become part of a State plan. At the last meeting, the Council decided not to submit the collected data to the State until after considering it again at the next meeting which is scheduled for this Friday. In the meantime, they have asked our county if we have any additional roads to be included. Planning & Development Director Robert Keating advised that the Planning Department worked very closely with the Public Works Department and sent the Council a copy of our Thoroughfare Plan, recommending that all of the arterials and primary and secondary collectors be placed on the local corridor plan and all of the arterials and primary collectors be placed on the regional plan. We also sent copies of our ordinances which relate to right- of-way dedication or protection. Commissioner Bird understood that the plan would be updated from time to time as regional and local needs change. Commissioner Wodtke asked if in the event the State takes back 510 and 512 there was any possibility that we could recoup some of the monies we spent to purchase rights-of-way on Indian River Boulevard or 512. Chairman Lyons felt that was a question that should be addressed. Public Works Director Jim Davis explained that every time the DOT planning staff updates their urban and rural system maps, staff tries to get them to consider taking back 510 and 512. However, he didn't believe that would happen until the traffic count increases considerably on those roads. 54 OCT 161985 2 'fna 44*6 OCT IS 191i BOOK 82 fna 44 7 Chairman Lyons asked about the Fellsmere Grade Road, and Commissioner Scurlock reported that the Transportation Planning Committee made a recommendation at their meeting yesterday to include it on our Thoroughfare Plan. The Board of County Commissioners recessed at 10:55 o'clock A.M. for lunch and reconvened at 1:30 o'clock. Present were Don C. Scurlock, -Jr., Vice Chairman; William C. Wodtke, Jr.; and Richard N. Bird. Chairman Patrick B. Lyons did not return for the afternoon session as he is still recuperating from surgery, and Margaret C. Bowman is on vacation. PUBLIC HEARING - GRAND HARBOR - DEVELOPMENT OF REGIONAL IMPACT The hour of 1:30 o'clock P.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: 55 VERO BEACH PRESS -JOURNAL Published Weekly I Vero Beach, Indian River County, Florida :NTY OF INDIAN RIVER: TE OF FLORIDA Befnre the undersigned authority personally appeared J. J. Schumann, Jr. who at oath Inat he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published e�rJo Beach in Inman River Carnty, Florida, that the attached copy of advertiaement, being in the matter o1 -in the C� Court, was pub - d in said newspaper in the issues of u� r �� f_ 0 1 «.ant Fusthei'p{aeys't'� m the said Vero Beach Press4oual is a newspaper published at 6cx1y ip� itJid Indafn Qrver County, and that the said newspaper has heretofore e:nr,n,fdus v Lwbliseteyiyi/sa?d Indian River County, Florida, weekly and has been entered cores lass nail matter at f4elpnt office in Vero Beach, in said Indian River County, Florida i eeriad of one yes• next M-ceeding the first publication of the attached copy of adver- �ent; and affiant further says that he has neither paid nor promised any person, firm or rraticln anv, discount, rebate, commission or refund for the purpose of securing this adver. went for Pub5cahon in the said newspaper. ) rQ and subscribed b re thiso/'dsy of A.D..� (Bu ass Managed 040"RIVER cat"M Y 1985. m the cduph-"-�..• a wnarteeneih: NOTICE OF PUBLIC NEARING me C,ounly AdmmnhaGm. ewbm4 br�lee a Bound br 45% street and 4M SOMI an I 184023rD SiraN Vero Beaon. Florida Muth. Of the tnMan Rorer an e* east last TM BOarO Oi County CO hers a Itldi.7n TT*,aped at eN Merrrp a Oe.ekmmenl d South N Bee North flow Canal Bedirpieplap liner ceimh l*»br anM iubee d .PUBLIC Reeenal imvacl for Gar rant Hbor. ire P.lr ears aid 53ra 8peet touted eget a U.S. HK iEAaw6 m f» trio a ):30 P ai. on Dctooer to Donor *maw rurpo. lox. Wer .1 a I Vice Chairman Scurlock announced that this matter is to be continued at 10:30 next Thursday, October 24, 1985. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (3-0) continued the DRI hearing on Grand Harbor until next week's meeting of October 24, 1985 at 10:30 o'clock A.M. 56 800K 62 PAGE 44 A 04 Its i vitae 'YiAAND MARBW AD documents anrlouang to the development n- Dotal. flap course ant aqua range. 4 CorrrmmereaAnsirs of ted Btsta at Florida: mama ants• 2 N areas. harbor eco- Treasure coast Regional Hanning Council quesl are filed in the Indian River County Peart- to (eommadraq, stapoo4 center, alio Johns Rua Wats Monag6nionf amm. Der ahDca park to be toce*d en 677 eon o plant of En.Xonmeirta7l ck o rang and Development Dwrawn, 2nd Noor d the Camp Adalie Buildup. located at 1640 IalW1i: ma tare, Said w d lasituated m of Natural 11950=09: Split of Florida Cat law.orm Sections 13. 23. and 24, Township 32 merit of TranspoialrOjIle CAW of Van Ise 23m Street. Vero Beach. Florwe. Documents may be revrowed by members of the puDac da- Boum. Flange 31i EaeL ailmn the unm The Town of Indian Rhao Shores. The Or eoporatM area at him" Aver County Sebastian, The Town: d Orchid. ted Tow LV normal ortirrese home. Ae members d es pudic are imnted a attetw Fellsmere. and the Couples; of &ward. ant Tlds haaos is -being pubWhed at least testy, (60) Lucre. ant participateer,o m the PXow neamo. Jaya in edvernce m the pubsd hearing by int It any poem+• one an to applied Silly dna Tfas official of iridian i.a Board tyCommnsroners of Irwunn Riva made on tie Room math. holale me viersaioitera Coma. Florida. and a m addition to ant ra- record of ted proceedups. and far such "a.Inaqua he pe,& t torture mice sl of loco public hearings to poses. Dare" may nand to ensure mat ave of the pinti:eedatp 12 Sabots, whiCi rtsflursuanl We ««dtestimony hearth D)(cXdl�Flonda 5*tutln and 16 23 of ins Ronda Admmiatrepve Code, nor led manobil to poirce and bpi 4c Judea and eadil"A UPON which provision* of Me cede of Law and OrdmoKa■ Of appeal at based. The County don oro Wend Development of Regional Impact shown n Indian Rua Count, Florida. where applicable prepare such record. Th* police is beau, pfOwded to the Ovnuon of Aug. 13, 1965 Grand Harbor. Proposed to contain 3.000 residential units. 30040om resort .Local. Resource 0.:mageipent. Depanmdpt of Vice Chairman Scurlock announced that this matter is to be continued at 10:30 next Thursday, October 24, 1985. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (3-0) continued the DRI hearing on Grand Harbor until next week's meeting of October 24, 1985 at 10:30 o'clock A.M. 56 800K 62 PAGE 44 A OCT 16 1985 #L 4 There being no further business, on Motion duly made and seconded, the Board adjourned at 1:35 o'clock P.M. ATTEST: Clerk 57 .