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Home My WebLink About5/21/1986Wednesday, May 21, 1986 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, May 21, 1986, at 9:00 o'clock A.M. Present were Patrick B Lyons, Vice Chairman; Richard N. Bird; Margaret C.*Bowman; and William C. Wodtke, Jr. Absent was Chairman Don C. Scurlock, Jr., who was out of state. 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 Virginia Hargreaves, Deputy Clerk. Vice Chairman Lyons, acting as Chairman in the absence of Chairman Scurlock, called the meeting to order. Reverend Stanley Sanford, First Baptist Church, Wabasso, gave the invocation, and Administrator Wright led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Administrator Wright reported that he has one minor change order which he would like to add at the request of Intergovernmental Relations Director Thomas concerning t installation of some equalizer pipe at the golf course. It was generally agreed this could go on the Consent Agenda as Item 6 N. Commissioner Wodtke wished to add under his items discussion of correspondence we have received on train whistles. Commissioner Bowman requested the addit.ion'of a discussion as to whether the County wishes to recommend hiring a lobbyist in Tallahassee to speak for issues of concern to the Tri County Council. MAY 21 1986 BOOK 61 Pr:�E 58 MAY 21 1986 BOOK 64 P,�I ,59 Vice Chairman Lyons advised that he would give a brief report on the Jail situation under his items and also that he wished to add a Proclamation on Buckle -Up Week. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, Chairman Scurlock being absent, the Board unanimously (4-0) added the items described above to today's agenda. PROCLAMATION - BUCKLE -UP WEEK Vice Chairman Lyons read aloud the following Proclamation re the use of seat belts, designating the week of May 22-29, 1986 as ALL-AMERICAN BUCKLE -UP WEEK. P R O C L A M A T I O N WHEREAS, motor vehicle crashes are the leading cause of violent deaths for people between the ages of six and fifty in the United States; and WHEREAS, "All American Suckle -up" is an event designed to challenge motorists to develop the safety belt habit during the week of May 22-29, 1986, in the hope that life saving habits will be formed; and WHEREAS, safety belts have proven to be approximately 55 percent effective in reducing fatalities and serious injuries; and WHEREAS, a recent survey of Florida motorists indicates that 72 percent continue to drive unprotected in passenger cars; and WHEREAS, each motor vehicle death costs society over $330,000, and current nationwide economic losses resulting from traffic crashes exceed $65 billion each year; and WHEREAS, this third annual safety belt public awareness campaign is being actively promoted in Florida and her sister states, and is deemed critically important in our continuing efforts to educate the motoring public on the benefits of occupant restraint systems; K NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of May 22-29, 1986 be designated as ALL-AMERICAN BUCKLE -UP WEEK and the Board urges all citizens to become more aware of the life saving potential afforded by the use of safety belts on 'every trip taken in a motor vehicle on our highways. APPROVAL OF MINUTES BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Patrick B. Ly Vice Chairman The Vice Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of April 23, 1986, or to the Workshop Meeting of May 1, 1986. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved the Minutes of the Regular Meeting of April 23, 1986 and the Workshop Meeting of May 1, 1986, as written. CONSENT AGENDA Commissioner Bowman requested that Item M be removed from the Consent Agenda for discussion. Commissioner Wodtke requested the removal of Items B, H and L, and Director Thomas asked that Item N also be removed as he wished to comment on it. 3 A 21 1986 Bou 64 PnE 460 __ MAY 2 1 1986 aooK 6 Fa,F 461 A. Renewal Pistol Permits The Board reviewed memo of the Administrator: TO: The Honorable Members of DATE: May 7, 1986 FILE: the Board of County Commissioners SUBJECT: Pistol Permit - Renewals FROM: Michael lAdministrator REFERENCES: The following persons have applied through the Clerk's Office for renewal of pistol permits: David K. Brower r Marvin C. Frossard Michael A. Hosford Christian C. Brucker Emma S. Brucker All requirements of the ordinance have been met and are in order. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved the issuance of renewal permits for carrying of concealed weapons to: David K. Brower Marvin C. Frossard Michael A. Hosford Christian S. Brucker Emma S. Brucker B. Reports The following report was received and placed on file in the Office of the Clerk to the Courts: Traffic Violation Bureau, Special Trust Fund - Month of April, 1986 - $47,917.80 Commissioner Wodtke pointed out that these figures apparently are approximately 26% less than the monies collected for April of 1985, and he wondered if this may represent a shortfall at budgettime. L" Administrator Wright asked staff to check on this and later reported that if this remains consistent, there could be about a $100,000 shortfall. C. Reports The following report was received and placed on file in the Office of the Clerk to the Courts: Month to date report for April, 1986, by last name.on file in the Office of Clerk to the Court. D. Release of Irrevocable Letter of Credit - Stirling Lake estates ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 86-28 authorizing the Release of the Irrevocable Letter of Credit to Stirling Properties in the amount of $47,437.62. 5 p MAY 211986 BOOK 64 MAY 21 1986 RESOLUTION 86 - 28 BGGK64 FnE 463 RESOLUTION .OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE RELEASE OF THE IRREVOCABLE LETTER OF CREDIT HELD UNDER THE TERMS OF A CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS BETWEEN THE STIRLING PROPERTIES & DEVELOP- MENT CORPORATION, AND INDIAN RIVER COUNTY TO GUARANTEE THE CON- STRUCTION OF REQUIRED IMPROVEMENTS IN STIRLING LAKE ESTATES SUBDIVISION. WHEREAS, Indian River County (County) and Stirling Properties and Development Corporation (Developer) have entered into a contract for construction of required improvements; and WHEREAS, under the terms of said contract, the Developer has made a written request for release of an irrevocable letter of credit held to guarantee required improvements, and has submitted a warranty maintenance agreement and irrevocable letter of credit guaranteeing performance of publically dedicated improvements; and WHEREAS, the Public Works Director is satisfied that all required improvements have been completed, and recommends release of the irrevocable letter of credit. NOW, therefore, be it resolved by the Board of County Commis- sioners of Indian River County, Florida that: The Irrevocable Letter of Credit No. 1 drawn on Indian River Federal Savings Bank in the amount of $47,437.62 is hereby released. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bowman and upon being put to a vote, the vote was as follows: Chairman Don C.. Scurlock, Jr: Absent Vice -Chairman Patrick B. Lyons Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 21st day of May , 1986. Attest: FREDA WRIGHT, etERK STATE OF FLORIDA COLJ,�VTY QF ND AN RIVER [" BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, PLO IDA BY: i G Don C. Scu lock, . Chairman Approved x, lo form and legal sufficiency BY Bruce B_.rk ,t( : r� Asst. Cuunty Attom,�V � s � E. Extension Preliminary Plat Approval___ Orchid Isle Est. Subdv. The Board reviewed memo of Staff Planner Boling: TO: The Honorable Members of DATE: May 7, 1906 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: EXTENSION OF PRELIMINARY SUBJECT: PLAT APPROVAL FOR ORCHID Robert M. Keating,(- ICP ISLE ESTATES SUBDIVISION Planning & Development Director Through: Michael K. Miller M KM Chief, Current Development FROM: Stan Boling REFERENCES: Orchid Isle Staff Planner -4-6. IBMIRD It is requested that the following be given formal consideration by the Board of County Commissioners at their regular meeting of Wednesday, May 21, 1986. DESCRIPTION & CONDITIONS Orchid Isle Estates is a 68 lot subdivision located on Pine Island, immediately south of the existing Orchid Island Subdivi- sion. At their regular meeting of December 13, 1984, the Planning & Zoning Commission granted preliminary plat approval subject to the condition that at the time of final plat approval, the Board of County Commissioners accept the applicant's $52,500 dedication to the park improvement fund in lieu of dedicating five 15' wide public water access easements. The preliminary plat approval is due to expire on June 13, 1986 unless extended by the Board of County Commissioners. Mr. Luciano Cortese, Vice President of Seacrest Estates, Inc., owner, is now requesting an 18 month extension of the preliminary plat approval and attached condition. ALTERNATIVES & ANALYSIS Extensions are allowed pursuant to section 7 (d)(10) of the subdivision ordinance. The Board has historically granted one 18 month extension of preliminary plat approval to applicants who request such an extension. RECOMMENDATION Staff recommends that the Board of County Commissioners grant one 18 month extension of the preliminary plat approval and attached condition granted to Orchid Isle Estates subdivision; said ap- proval shall expire on December 13, 1987. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) granted one 18 month extension of the prelimi- nary plat approval and attached condition granted to Orchid Isle Estates Subdivision; said approval to expire on December 13, 1987. 7 i � , R I "F, LIAM ,i B,ffG,fk U4 m,c,164 r IWAY1 1986 1 BOOK 5 F__Final _Plat Approval - Oak Land Commercial Park Subdv. The Board reviewed staff memo, as follows: TO: The Honorable Members DATE: May 13, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: FINAL PLAT APPROVAL FOR Obert M. Kdating,6XICP OAKLAND COMMERCIAL PARK Planning & Development Director SUBDIVISION THROUGH: Michael K. Miller Chief, Current Development FROM: Stan Boling REFERENCES: Oakland Park Staff Planner IBMIRD It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of May 21, 1986. DESCRIPTION AND CONDITIONS: Oak Land Commercial Park is an eight lot subdivision located on the south side of Oslo Road, between 27th Avenue and 43rd Avenue. The subject property is ±4.78 acres and is zoned CH (Heavy Com- mercial District); however, the application was submitted- under the C-2 zoning regulations in effect at that time. The subject property has the MXD (Mixed Use District) land use classification. Each lot is to be a minimum of 0.5 acres in size. All easements and rights-of-way shown on the plat are to be dedicated to the County. ALTERNATIVES & ANALYSIS: The Oak Land Commercial Park Subdivision received preliminary plat approval on April 3, 1985. The submitted final plat is in confor- mance with the approved preliminary plat. The proposed subdivi- sion.will have public water provided by the County and the County Utility Services Division has approved the water distribution system. The use of individual septic tanks has been approved by the Environmental Health Department. The applicant has completed construction of all required improve- ments, excluding the sodding of the right-of-way which is covered by the Warranty Maintenance Agreement to ensure completion. The applicant's engineer certifies that all improvements noted in the land development permit have been completed as required. A warranty maintenance agreement has been submitted, accompanied by an irrevocable letter of credit in the amount of $8,250.00. The Public Works Division has certified that the credit amount re- presents 25% of the total cost of construction of improvements. This letter of credit will be held against any defects found in the required improvements for a period of one year. The subdivision's drainage plans have been approved by the Public Works Director. The plat also shows a 30 foot marginal access easement, to be dedicated to the County, along the site's Oslo Road frontage. Upon dedication, the marginal access easement may be developed and used by owners of the abutting properties to the east and west when these abutting properties develop. The pro- vision of this marginal access easement is in accordance with Comprehensive Plan policy of marginal access provisions along arterial roads. 8 r The final plat application for Oak Land Commercial Park is in conformance with all applicable Comprehensive Plan policies and requirements of the zoning and subdivision ordinances. RECOMMENDATION Staff recommends that the Board of County Commissioners grant final plat approval to Oak Land Commercial Park subdivision, accept the submitted warranty maintenance agreement and the irrevocable letter of credit. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) granted final plat approval to Oak Land Commercial Park Subdv., and accepted the submitted warranty maintenance agreement and the irrevocable letter of credit. G. Release of Assessment Lien - Thomas -& Margaret Goodspeed ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved Release of Assessment Lien (street paving) for Thomas G. Goodspeed and Margaret Hill Goodspeed and approved the signature of the Chairman. 9 BOOK DZI PUU it -46 b MAY 2 11986 RELEASE OF ASSESSMENT LIEN BOOK 64 F4,U 467 For and in consideration of the sum of $668.83, RECEIVED from THOMAS G. GoODSPEED and MARGARET HILL GOODSPEED, 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 0666, Page 0447, for a special assessment in the amount of $668.83 levied in accordance with the provisions of Ordinance No. 81-27 of the County; and hereby declares such special assessment lien fully satisfied. The property, located in Indian River County, is more fully described as follows: Lot 2, Block A, as shown on the Plat of Indian River Heights, Unit 4, Plat Book 6, Page 86, of the Public Records of Indian River County, Florida. Executed by the Chairman of the Board of County Commissioners of Indian River County, Florida, and attested and countersigned by the Clerk of such Board, all as of this 21st day of May, 1986. Attested and countersigned by: BOARD OF COUNTY COMMISSIONERS • OF INDIAN RIVER COUNTY, FLORIDA F REDA WRIGHT, C16fk of C iC two r C/ Com, DON SCURL C , JR. Chairman H. -Promissory_ Note - Paving & Drainage Improvements (Addams) The Board reviewed letter from Tax Collector Morris asking if the Commission will allow Richard D. Addams to pay his street paving assessment for improvements on 46th Avenue in installments as set out in his Promissory Note. Commissioner Wodtke questioned the rate of 11.5 percent per 10 _I month set out on the note, which he felt might be a violation of the usury laws, and in discussion it was felt this undoubtedly was intended to be either 1.5% per month or 11.5 percent per annum. County Attorney Vitunac advised that he would check this out with Tax Collector Morris. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved the payment of Paving & Drainage Improvements by Richard D. Addams as set out in the following Promissory Note upon assurance that it does not violate any usury requirements. 11 MAY 21 1986 BOOK 04 FAcc 468 MAY 2 11986 PROMISSORY NOTE FOR VALUE RECEIVED, Richard D. Addams residing at 931 46th Avenue, Vero Beach, florida hereinafter Promisor s , promise(s) to INDIAN RIVER COUNTY, a political hereinafter Promisee, the total sum ($ 1,978.71 ), in installments Amount BOOK 64 PA)c 4T 9 to pay without further demand or notice, subdivision of the State of Florida, of One thousand nine hundred seventy eight 71/100 as follow: 1. $ 200.00 per month for nine (9) months 2. $ 178.71 final payment (10th pymt) 3. S. 4. $--Asses►t- 1879.15 5. $ Interest 99.56 6. $ Total 1978.71 Due Date Starting June 8, 1986 Ending March 8, 1987 Said amounts represent remaining principal and interest due on a special assessment levied by Indian River County for the 46th Avenue between 8th Street and 9th Place . This note is executed in settlement of the current delinquency of this account and Promisor(s) agree(s) that sums payable hereunder have been lawfully assessed and are presently due and owing to the Promisee. In the event legal action is required to collect sums due hereunder, the Promisee shall be entitled to recover in addition to principal and interest all reasonable costs of collection, including attorney's fees. Promisor(s) waive(s) protest, presentment and notice of dishonor with respect to this note. By receipt of this note, the Promisee does not surrender -any other remedy available by law to collect the underlying special assessment, including specifically the right to foreclose on any lien which might exist by operation of law against the subject property which is described as follows: Lots 3 &4, Block 5, Glendale Lakes Subdivision This note may be prepaid at any time without aforementioned sums of money are not promptly ppaid interest at the rate of elev n and a half ( I1.5 continue to accrue in accordance with the original payments should be made by check payable to Gene E. mailed to the Office of the Tax Collector, P.O. Box penalty, and in the event the BY the dates shown hereon, , percent per annurs shall assessment obligation. All Morris, Tax Collector, and 1509, Vero Beach, Fla. 32961. WHEREUPON, The Promisor(s) has (have) executed this note in his hand and seal this _ 6th day of _ -May , 1986 . q3q, Ave V 32940 12 L I I. Hobart Tower Lease Agreement - Communications of Vero The Board reviewed memo of General Services Director Dean: TO: The Honorable Members of DATE: May 6, 1986 FILE: the Board of County Commissioners THRU: Michael Wright County Administrator H. T. ' n y" Dean Directo ' General Services FROM: SUBJECT: Hobart Tower Lease Agreement REFERENCES: Communications of Vero has requested space on the Hobart Tower at the 30.0' level. The space is available, and according to our lease schedule the annual rate will be $2,040.00 or $170.00 monthly. It is recommended by staff to enter into this agreement as approved by our legal staff. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved Tower Space Lease with Communications of Vero and approved the signature of the Chairman. SAID LEASE IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. J. Award Bid #291 - Law Library Shelving The Board reviewed staff memo, as follows: 13 i `� eooK 6 P,,E47® MAY 21 1986 BOOK 64 FADE 471 TO: The Honorable Members DATE: May 13, 1986 FILE: of the Board of County Commissioners THRU: Michael Wright County ndministr,at r SUBJECT: Bid #291 THRU: H. T. "Sonny" n Law Library Shelving Director, Genera S rvices y n Williams FROM: Superintendent REFERENCES: Buildings & Grounds DESCRIPTION AND CONDITIONS The Board of County Commissioners authorized staff to seek bids for a mobile shelving system at the meeting of March 26, 1986. Originally staff projected the cost of a system to handle all books presently in the library to be in the neighborhood of $35,000 to $40,000. Authorization was given to bid the equipment, but not to exceed $20,000. ALTERNATIVES AND ANALYSIS Bids were received on April 29, 1986, from seven (7) vendors. Specifications were written so as to allow each vendor to design the most economical and efficient layout for the space available. Bids .ranged in price from the low bid of $20,291.49 to $48,167.00. Specifications included a request for 2,500 lineal feet of shelving, the amount required for all books presently housed, with approximately two to.three years growth allowed. All systems were to be expandable and capable of being moved or relocated. The low bid was submitted by TAB Products Company of Longwood, Florida, with a delivery interval of eight to ten weeks. TAB proposed to reuse fifty-five of the existing shelving units presently in place. They will be incorporated in the mobile system which ultimately reduces the total cost of the system. TAB submitted references for similar systems installed locally including the Indian River Memorial Hospital, which reported that their system has been in place for three to four years with essentially no problems and they are very satisfied. The Indian River County Property Appraiser's Office is very pleased with their system provided by TAB. Staff was authorized for bids not to exceed $20,000. However, considering the low bid of $20,291.49 will outfit the entire library, staff recommends the entire system be considered for purchase. RECOMMENDATIONS Staff recommends approval of Bid #291 in the amount of $20,291.49 be awarded to TAB products. This will require a budget amendment for $20,300 from 106-901-581-99.91 Court Facility reserves for contingency to 106-901-516-66.41 Office furnishings and equipment. 14 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) awarded Bid #291 for Law Library Shelving to the low bidder Tab Products Company in the amount of $20,291.49 per the following Bid Tabulation: K. Budget Amendment -Law Library_ Shelving ON MOTION by Commissioner Wodtke, SECONDED by Commis- sioner Bird, the Board unanimously (4-0) approved budget amendment for the Law Library shelving, as follows: FROM: Joseph A. Baird REFERENCES: OMB Director Account Number 106-901-516-066.41 106-901-581-099.91 Account Name Increase• Furniture & Equipment $300 Reserve for Contingency Decrease $300 Explanation: On March 26, 1986, the Honorable Board of County Commissioners approved monies be used from Court Facility Fund to purchase new shelving for the law library. 15 Ay 21 1986 BOOK 64 NGE V2 BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach. Florida 32960 BID TABULATION 810 NO. DATE OF OPENING IRC BID #291 BID TITLE MOBILE SHELVING UNITS J J r ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. 2500 Lineal feet required 2. Days. to complete after award b'd Days o-; - /0 -4 ® lap 60-a 1014*D 0- of t�%tt �v�ty LCL cLG11 ' C+ -/b •� / r 99.26 0 K. Budget Amendment -Law Library_ Shelving ON MOTION by Commissioner Wodtke, SECONDED by Commis- sioner Bird, the Board unanimously (4-0) approved budget amendment for the Law Library shelving, as follows: FROM: Joseph A. Baird REFERENCES: OMB Director Account Number 106-901-516-066.41 106-901-581-099.91 Account Name Increase• Furniture & Equipment $300 Reserve for Contingency Decrease $300 Explanation: On March 26, 1986, the Honorable Board of County Commissioners approved monies be used from Court Facility Fund to purchase new shelving for the law library. 15 Ay 21 1986 BOOK 64 NGE V2 MAY 2 11986 _I BOOK 64 P,1UE 473 L. Video Systems—for Courts The Board reviewed Memo from General Services Director Dean: TO: The Honorable . Members DATE: May 13, 1986 FILE: of the Board of County Commissioners THRU: Michael Wright SUBJECT: .Video Systems for Courts County Administrator FROM: H. T. - sonn#ies can REFERENCES:. Director General Ser In January of this year, the Board authorized the bidding of the subject system with financing coming from the Court Improvement Fund. The possibility of using the local Cable TV Company for this purpose was explored after the bids were returned for the micro -wave system. After analyzing the Florida Cablevision proposal, it was decided that the micro -wave system would be the most economical. I Based on the above information, it is recommended that the low bid of $31,975 from Communications International be accepted. A budget amendment of $32,000 was made to fund this project. Commissioner Wodtke raised the question of the cost involved to put this system in the old jail and then in a few months move it out to the new jail; and Director Dean advised that the cost to move the equipment would only be in the neighborhood of $500. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (4-0) awarded the bid for video systems for the courts to the low bidder Communications International in the amount of $31,975. M. Investigate Engineering Services - Conceptual Site Plan for CaTaen Sanas 1Ni cH ala—rk�--------�--- The Board reviewed memo of Director Thomas: 16 TO: The Honorable Members of DATE: May 13, 1986 FILE: the Board of County Commissioners THRU: Michael Wright SUBJECT: County Administrator FROM: r'' s. °T mmy" Thomas oCC RENCE Intergovernmental CoordirBE S. This is a request to investigate the cost of hiring an outside engineer to prepare a conceptual site plan of the three phases of Golden. Sands Beach Park and the necessary permitting and con- struction drawing for Phase I. This is also a request to fund this from the special land sales fund that is earmarked for Parks and Recreation. GOLDEN SANDS .G.L. ,••. ,00• ATLANTIC OCEAN A 4 A Commissioner Bowman believed the pavilion as shown is too close to the coastal construction zone, and Director Thomas agreed but noted this is just a sketch, riot a final plan. Commissioner Bowman felt that in any event it is a good idea to move the pavilions back because they obstruct the view. Director Thomas concurred, based on past experience, that it is wise to move the structures further back. 17 BOOK 64 FAuE 4 14 rMAY 2 11986 -I BOOK 64 F.4IGE 475 ON MOTION by Commissioner Bird, SECONDED by Commissioner. Wodtke, the Board unanimously (4-0) authorized staff to investigate the cost of hiring an outside engineer to prepare a conceptual site plan of Golden Sands Beach Park as set out in the above memo. N. Change Order___ Sandridge Golf Course (Equalizer Pipe) Director Thomas reviewed the following memo: TO: Michael Wright DATE: May 19, 1986 FILE: County Administrator SUBJECT: Sandridge Golf Course FROM:. IS . "TommY n Thomas REFERENCES: Intergovernmental Coordinator Enclosed is Change Order #IR -1 requesting $366 for lake level equalizer pipe. I recommend the installation of this pipe to prevent any possibility of flooding anytime there is an unusually rainy period. Currently these lakes are completely contained by an open ditch of which 200 ft. must be covered for fairway purposes. I would request that you put this on the May 21st agenda as an emergency item because Guettler & Sons wish to fill this ditch at this time. 18 M M M INDIAN RIVER COUNTY SANDRIDGE GOLF CLUB CONTRACT CHUGZ Owca ,p C"MCK onaa 140. projects .l�c.�%Js-�.rl,P/r Jlo. Daterr/ 9 — ZZ Conditioner The changes described heroin shall be governed by the terms iad.tonditioos Of the Contrset, and shall not is any vey altar the tarns of the Comtroct, but shall hereafter be a pert of the Contract. Not Change p Q Addition . $��, • Deduction(-) Coatrac4 Amount prior to Change Order �_ D Revised Contract Aust is TT i, season for Change. Accepcab L tel Sw concraccor-s Ropeasentative Recommended by RR JC - F SH LDD 0 w golf course architect Approved by n.e.� owner -- Director Thomas noted that in addition to the contract price of $1,066,965, another $300,000 was allocated separately for the irrigation system. The subject Change Order is only for $366 and he has another one coming up shortly for $250. Because of the time element involved, Director Thomas asked that the Board consider authorizing him to approve change orders in amounts up to $750 each, but not to exceed $5,000 cumulative. 19 SAY' 2 -1986 Boos �.� ;MAY 21 1986 Boa 64 PnUF 477 Administrator Wright requested that appropriate staff be authorized to make such approvals rather than just Director Thomas. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) authorized staff to approve change orders in amounts up to $750, not to exceed $5,000 cumu- lative without coming back to the Board. DISCUSS EXPANSION OF PLANNING & ZONING COMMISSION MEMBERSHIP The Board reviewed the following staff memo: TO: The Honorable Members DATE: May 9, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: i SUBJECT: POTENTIAL EXPANSION OF Robert M. Kea in "" AICP PLANNING AND ZONING Planning & Development Director COMMISSION MEMBERSHIP FRON&i�har d Shearer, REFERENCES: Chief, Long -Range -Planning P&Z Membership It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of May 21, 1986. DESCRIPTION & CONDITI66NS On April 16, 1986, the Board of County Commissioners noted that on a number of occasions the Planning and Zoning Commission has had less than full attendance at its meetings. The Board expressed.concern about this situation because in some situations it required only two votes to approve or deny a development request. The Board directed the planning staff to determine the feasibility of increasing the number of members on the Planning and Zoning Commission. On May 8, 1986, the Planning and Zoning Commission considered this item and stated that they had no objection to the commission being enlarged. However, they felt that it might be appropriate to have two at -large members who would serve as alternates in case a regular member was absent. 20 ALTERNATIVES & ANALYSIS In analyzing the possibility of expanding the membership of the Planning and Zoning Commission, staff reviewed the Commission's attendance since January of 1984 and polled other local governments to determine how many members they had on their Planning and Zoning Commissions. The attendance data is summarized as follows: No.. of Meetings No, of Meetings No, of Meetings 5 members present 4 members present 3 members present 1984 8 14 4 1985-86 14 14 3 TOTAL 22 28 7 This data.iedicates that of the 57 Planning and Zoning Commission meetings held between January 1, 1984, and April 24, 1986, only 22 meetings (or 39 percent) were attended by all members. Moreover, 28 meetings (or 49 percent) were attended by 4 members and 7 meetings (or 12 percent) had only 3 members present. The staff checked with a number of other local governments in the area to determine the number of individuals they had on their Planning and Zoning Commissions. Most of the jurisdictions had more than five members, and some had alternate members. The survey results are summarized below: Jurisdiction #Regular Members #Alternates Brevard County 10 5 St. ,Lucie County 9 0 Martin County 5 0 Osceola County 10 0 Palm Beach County 7 0 Vero Beach 9 1 Sebastian 7 1 Fort Pierce 10 0 Melbourne 7 0 In order to expand the membership of the Planning and Zoning Commission, Section 26 of the Zoning Ordinance would have to be amended. In addition, a determination would have to be made as to how many members the Commission should include and how additional members would be appointed. The staff feels that the Commission should maintain an odd number of members to avoid tie votes when all of the members are present. However, staff also feels that making the Commission too large would lessen the importance of attending meetings. If the Planning and Zoning Commission were expanded to seven members, .the Commission would still have an odd number of members and would not be too large. The two additional Planning and Zoning Commission members could be at -large members appointed by a majority of the Board of County Commissioners. Administrator Wright noted that there is no staff recommen- dation as he believed it is the Board's responsibility to determine the size of the Commission. Discussion ensued regarding various alternatives, i.e., seven members, five members with two alternates, the quorum needed, etc., and Carolyn Eggert, Chairman of the Planning & 21 MAY 211986 Bou 64 FAEE478 SAY 2 11986 BOOK 64 FAGUE 479 Zoning Commission expressed her feeling that the larger a board gets, the more unwieldy it becomes. She personally believed the five member board has functioned quite well, and noted that no complaints have been received because of absences. She further pointed out that the people always have the option to ask to be heard at a meeting when a full Board is present. Vice Chairman Lyons asked if Mrs. Eggert felt there should be attendance requirements, and she felt that might be a good idea. She emphasized that having a larger board does not necessarily mean you will have better attendance, but it could mean longer meetings. The Board continued to review the attendance figures, and Vice Chairman Lyons suggested this matter be tabled for further consideration. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (4-0) tabled consideration of expanding the Planning & Zoning Commission membership to be brought back at a .later date. REZONING A-1 TO RMH-88 S. OF VICKERS RD. (STERN) The hour of 9:10 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 22 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of in the lished in said newspaper in the issues of Court, was pub- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of. advertisement; and affiant further says that he has neither paid. nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me thisy A.D. 19 01;F 04 0E 9 i (B si ess Ma ger) (SEAL) (Clerk of the Circuit Court, Indian River County F orida) � NOTICE - PUBLIC HEARING Notice of hearing to consider the adoption_ of aCounty ordinance rezoning land from; A-1, Agricultural District, to RMH-8, Mobile Home Residential District The property is presently. ownedAbe Stem and Is located south of Oft Street �ckers Road), west of 64th Avenue and east of 66th Avenue. The subject property is described as: THE NO TH 'h F THE SOUTHEAST '/r OF THE NORTHWEST;'/+ OF SECTION OF RECORD; SAID°PROPERTY LYING ,AND BEING IN INDIAN RIVER COUNTY, Administration Building, located at 1840 25ti Street, Vero Beach, Florida on Wednesday, Mai, 21, 1986, at 9:10 a.m. Anyone who may wish to appearany, deciaioi which may be made atthis meeting' will need ti ensure that a verbatim record of the proceeding is made, which includes the testimony and evl dente upon which the appeal will be based. Indian River County Board of County Commissioners BY: -s -Don C. Scurlock, Jr.. Chairman May 1: 13,1988 Planner Goulet made the staff presentation, as follows: TO: The Honorable Members DATE: May 1, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: , SUBJECT: STERN REQUEST TO REZONE Robert M. Kea .i g, 6TCP 20 ACRES FROM A-1, AGRI- Planning & Development Director CULTURAL DISTRICT, TO RMII-8, MOBILE HOME THROUGH: Richard Shearer, AICP RESIDENTIAL DISTRICT �17 Chief, Long -Range Planning (up to 8 units/acre) FROW.effrey A. Goulet REFERENCES: Staff Planner, Long -Range Planning Stern Memo It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of May 21, 1986. 23 MAY 211986 aoor 64 48® MAY 21 1986 BOOK 64 -1 481 DESCRIPTION & CONDITIONS The applicant, George Stern, is requesting to rezone approximately 20 acres from A-1, Agricultural District, to RMH-8, Mobile Home Residential District (up to 8 units/acre). The property is presently owned by Abe Stern and is located south of 99th Street (Vickers Road) west of _64th Avenue and East of 66th Avenue. The applicant -proposes to develop a mobile home park on this site. On April 10, 1986, the Planning and Zoning Commission voted 5 -to -0 to recommend approval of this request. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the 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 currently contains citrus groves and is zoned A-1, Agricultural District. Breezy Village Mobile Home Subdivision, zoned RMH-8, is located directly east of the subject property. The Lamplighter Mobile Home Park, zoned RMH-8, is located to the north of' the subject property. There is also a warehouse, zoned IL, Light Industrial District, located on the north side of 99th Street (Vickers Road) just east of the subject property. West of the subject property is a platted single-family subdivision in the City of Sebastian. South of the subject property is vacant land zoned RMH-8. Future Land Use Pattern The Comprehensive Plan designates the subject property and the land north, east and south of it as MD -1, Medium -Density Residential 1 (up -to 8-units/acre). The land west of the subject property is in the City of Sebastian. The land located on the east side of the F.E.C. Railroad is designated as part of the U.S. 1 MXD, Mixed Use Corridor (up to 6 units/acre). The MD -1 land use designation does permit mobile home zoning. Since the subject property is surrounded on three sides by existing RMH-8 zoning, the request to rezone the remaining 20 acres in this area from A-1, to RMH-8 is consistent with the existing land use pattern. Transportation System The subject property has access to 99th Street (classified as a local street on the Thoroughfare Plan). The maximum development of the subject property with the RMH-8 Zoning would generate approximately 576 average annual daily trips (AADT). Due to its substandard width, 99th Street will have to be widened in conjunction with any large scale development which utilizes it. Environment The subject property is located on the sand ridge primary aquifer recharge area, and the soils in this area are excessively well drained. There is a small wetland area on the western portion of the subject property which is in a flood -prone area. This area is in "Zone A", which is a 100 year flood plain in which flood 24 elevations and hazard factors have not been determined. Prior to being developed, this property must be platted and receive major site plan approval. During subdivision and site plan review, the wetland area should be delineated and no development should be allowed in that area. Utilities County water and sewer 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 Board of. County Commissioners approve this request. , Commissioner Bird commented about there beinga sand dune and a wetland area on the same property, and Commissioner Bowman explained that it is not a natural wetland, but an exposed aquifer where they did sand mining. Planner Goulet noted the wetlands are -primarily on the west side of the property and will be taken care of on the site plan, and Chief Planner Shearer further pointed out that the property is surrounded on three sides by RMH-8 and development will be concentrated on the east part of the property. The Vice Chairman asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) closed the public hearing. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Wodtke, to adopt Ordinance 86-33 rezoning some 20 acres Located south of Vickers Road (99th St.) and west of 64th Ave. from A-1 to RMH-8. Commissioner Bird commented that he is not in favor of more mobile home zoning in the county, but it just does not make any sense to make this property anything else when it is surrounded on three sides by similar zoning. 25 MAY 21 1996 Boob F$,,r 489 J MAY 211986 Boos 64 pv' 4.83 Commissioner Bowman stated she would not vote in favor of the rezoning as we have had too many problems with mobile homes already. THE .VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 3 to 1 with Commissioner Bowman voting in opposition and Chairman Scurlock being absent. ORDINANCE NO. 86- 33 AN ORDINANCE 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 citizens 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: THE NORTH I OF THE SOUTHEAST I OF THE NORTHWEST j OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST SUBJECT TO ALL EASEMENTS OF RECORD; SAID PROPERTY LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. Be changed from A-1, Agricultural District, to RMH-8, Mobile Home Residential District. 26 I 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 21st day of May 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By _ Don Scurlock, Jr./ airman COUNTY -INITIATED REZONING TO CH - N. OF N. WINTER BEACH RD'. & E. OF OLD DIXIE (CHALKER) The hour of 9:10 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a `.44� in the matter of ��i CHIC in the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this davof _e2 &i�A.D. 19 O 5� (SEAL) U(Bus)nets Managlj (Clerk of the Circuit Court, Indian River County, oda) 27 1. " NOTICE - PUBLIC HEARING Notice of Public Hearing to consider th adoption of a County ordinance. rezoning Ian from:.RM-5, Multiple -Family Residential District, to CH, Heavy Commercial District The property 18p owned by Bruce Chalker and is l toted Asst of Old Dlxle Highway and north of 59th Street (North Winter Beach Road) and west of US Highway 1: The eub MP groppear(y is described as:` THAT PART OF THE SOUTH 210 FEET - OF THE, SOUTHEAST QUARTER OF. THE SOUTHWEST QUARTER OF SEC- TION 3, TOWNSHIP 32 SOUTH, RANGE - 39 EAST LYING WEST OF U.S. HIGH WAY 1 AND EAST OF. OLD DIXIE HIGH- WAY LESS THE RIGHT-OF-WAY FOR 69TH STREET AND LESS THE FOL- LOWING DESCRIBED PARCEL From the Southeast coma of the south- west % of section 3.32-39, run North 88- 48' 10" West 78.05 feet, thence 1" 11' 50" East 50 feet, thence North 88' 48' 10" West 176.83 feet to the point of beginning, thence North 880 48' 10" West 186.0 feet to PC of curve to rigght, thence along said curve having a radius of 25.0 feet and a central angle of 73° 28' 48" an arc distance of 32.06 feet to .` SDInt on Easterly right-of-way line of Old - Dixie Highway, thence tum Northwest- erly along easterly right-of-way of Oki Dixie Highway and al3ng a curvb having a radius of 5662.0 feet and a central angle of 10 18' 19" an arc distance of 128.0 feet, thence South 88° 45' 39". East'247.78, thence South 1" 11' SW West 140 feet to point of beginning. A public hearing at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Com- missioners of Indian River County, Florida, in the County Commission Chambers of the County Administration Building, located at 1840 25th; Street, Vera Beach, Florida on Wednesday, May 21. 19W, at 9-10 a.m. - - _ Anyone who, mey wish to appeal any decision which mafrbe, ma eat this meetinc li need to ensure that a verbatim record of the proceeding* Is made, which includes the testimony and evl; dence uporr which the appeal is based. Indian Riva County - ---� Board of County Commoners BY - s -Don C. Scurlock, Jr., Chairman May 1, 13, 1986 SAY 211986 Boa 64 F,g;c 484 MAY 2 11986 BOOK 64 P+Hr 485 Planner Goulet made the following presentation, stressing that this property was inadvertently rezoned in the recent zoning conversion, and this is just a measure to rectify that mistake. TO: The Honorable Members DATE: May 11? 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCU$RENCE: SUBJECT: Robert M. Keating, CP Planning & Develo;ment Director f -STHROUGH: Richard Shearer, AICP Chief, Long -Range Planning COUNTY -INITIATED RE- QUEST TO REZONE .77 ACRES FROM RM -6, MUL- TIPLE -FAMILY RESIDENT-. IAL DISTRICT (up to 6 units/acre) TO CH, HEA- VY COMMERCIAL DISTRICT. FROM effrey G. Goulet 3P,(::A REFERENCES: Staff Planner, Long -Range Planning County Int Request Rzn. It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of May 21, 1986. DESCRIPTION & CONDITIONS The County is initiating a request to rezone .77 acres from RM -6, Multiple -Family Residential District (up to 6 units/acre), to CH, Heavy Commercial District. The subject property is presently owned by Bruce Chalker and is located east of Old Dixie Highway on the north side of 69th Street (North Winter Beach Road) and west of U.S. Highway 1. On January 29, 1986, the Board of County Commissioners adopted the nonresidential zoning conversion ordinance which rezoned all of the nonresidentially-zoned property in the county in con- formance with the Comprehensive Plan. The County Commissioners recognized that, due to the extremely large number of parcels that were being rezoned, there was the possibility that some parcels might be overlooked or assigned to the wrong zoning district. At that time, the Commission directed staff to initiate any rezoning proceedings necessary to correct in- advertent errors made in the zoning conversion process. On April 10, 1986, the -.Planning and Zoning Commission voted 5 -to -0 to recommend approval of this request. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the 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 is currently vacant and is zoned RM -b, Multiple -Family Residential District. The Appliance Warehouse, zoned CH, Heavy Commercial District, is located directly to the west of the subject property and is also owned by Mr. Chalker. 28 � � i The land to the north is primarily vacant and zoned RM -6. The land to the east, across U.S. 1, contains a citrus packing house and is zoned CIi. The land to the south contains several residences, zoned RM -6, and a radiator repair shop, zoned CH. Future Land Use Pattern The Comprehensive Plan designates the subject property and all of the land around it as part of the U.S. 1 MXD, Mixed Use Corridor (up to 6 units/acre). Within designated MXD areas, according to the policies within the Comprehensive Plan, the County shall encourage, where appropriate, redevelopment in accordance with the dominant land uses and the health, safety, and welfare of area residents. The subject property is surrounded on three sides by existing commercial uses and is located on the corner of a primary collector (69th Street) and a major arterial (U.S. Highway 1). The Winter Beach Precise Land Use Map (PLUM) designates this property as commercial and the proposed CH zoning is Iconsistent with the MXD land use designation in the Comprehensive Plan and the CH zoning located east and west of the subject property. Based on the fact that this property is designated commercial on. the Winter Beach PLUM, it should have been converted to CH and not RM -6. Transportation System The subject property has access to 69th Street (classified as a primary collector on' the Thoroughfare Plan) and U.S.1 (classified as an arterial on the Thoroughfare Plan). The maximum development of the subject property with the CH zoning would generate approximately 40 average annual daily trips (AADT). Both 69th Street and U.S. 1 currently function at level -of -service "A". Environment The subject property is not designated as environmentally sensitive nor is it located in a flood -prone area. Utilities County water and sewer 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 Board of County Commissioners approve this request. Vice Chairman Lyons asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Wodtke, the Board unanimously (4-0) closed the public hearing. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bird, to adopt Ord. 86-34 rezoning .77 acres N of North Winter Beach Rd. & E of Old Dixie to CH. 29 MAY 211986 BOOK 6 4 Facr 4816 MAY 21 1986 BOOK `'AGS; ORDINANCE NO. 86- 34 AN ORDINANCE 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 citizens 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: THAT PART OF THE SOUTH 210 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 32 SOUTH, RANGE 39 EAST LYING WEST OF U.S. HIGHWAY 1 AND EAST OF OLD DIXIE HIGHWAY LESS THE RIGHT-OF-WAY FOR 69th STREET AND LESS THE FOLLOWING DESCRIBED PARCEL From the Southeast corner of the southwest I of section 3-32-39, run North 88148110" West 78.05 feet, thence 1°11'50 East 50 feet, thence North 88°48110" West 176.83 feet to the point of beginning, thence North 88°48110" West 186.0 feet to PC of curve to right, thence along said curve having a radius of 25.0 feet and a central angle of 73°28148" an arc distance of 32.06 feet to point on Easterly right-of-way line of Old Dixie Highway, thence turn Northwesterly along easterly right-of-way of Old Dixie Highway and along a curve having a radius of 5662.0 feet and a central angle of 1018119" an arc distance of 128.0 feet, thence South 88°45139" East 247. 76, thence South 1011150" West 140 feet to point of beginning. Be changed from RM -6, Multiple -Family Residential District, to CH, Heavy Commercial District. All with the meaning and intent and as set forth and described in said Zoning Regulations. 30 Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 21st day of May F 1986. BOARD OF COUNTY COvlMISSIONERS OF INDIAN RIVER COUNTY By G Don C. Sc rlock,.`r , Chairman PETITIONPAVING- 141ST ST. - 80TH AVE. - 81ST AVE. 45TH AVE. The hour of 9:20 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida PLEASE TAKE NOTICE that the Board of County COUNTY OF INDIAN RIVER: STATE OF FLORIDA Commissioners of Indian River County, Florida. win hold a, public hearing at 9:20 AM on Before the undersigned authority personal) a Wednesday. May 21, 1988, in the Commission y appeared J. J. Schumann, Jr. who on oath Chambers located at 1840 25th Street. Vero says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published Bch. Florida, to consider adoption of the fol - at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being lowing prSmo11uOLUg1 :NO. e& AA RESOLUTION OF THE BOARD OF a vu/ iaN7EFa Ptti wry d Home cmie "hWA in the matter in the _ _...__ Court, was pub- lished in said newspaper in the issues of__ ,62(4 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this (SEAL) A.D. 19 tt,nem of ine 31 WHEREAS. the County Public Works Deperi- .ment has received a public Improvement peti- tion, signed by more than % of the owners of properly in the area to be specially benefited, re- queadng paving and drainage Improvements to 141 at Street from 81st Avenue to 79th Avenue. 80th Avenue 13W +- North 142nd Street. 815t Avenue from 140th Street to 142nd Street and 45th Avenue from 9th Place to Dead End; ami WHEREAS, the petition has been verified and MOM the requirements of Ordinance 81-27, and design work including cost esdmatss has been Completed by the Pubic Works Division; and WHEREAS, the total estimated Cost of the pro' posed improvements is 81 03,208.39; and WHEREAS the special easement provided hereunder 8111111), for any given record owner Of property within the area specially benefited, be in an amount equal to that proportion of seventy- five percent (75%) of the total Cost of the pro)eot which the number of lineal feet of road frontap owned by the given owner beero to the 10121 number of lineal feet of road frontage withirh the area specialty benefited. and shall =duo Ind an�R ayable at the Countyy office (90) days after 00 final determination of tie special assessment pursuant to Ordinance 81-27; and . WHEREAS, Indian River County shall pay the rernalning twenty-five percent (25%) of the total coat of the orolect and BOOK 64 Fc,�c. X88 MAY 21 1986 WHEREAS. arty special assessment not paid within said ninety (80) day period shall Cera► In- tsrest beyond the due date at a rate established by the So" of County Commissioners at the time of preparation of the final assounwi rW, and Shall Install- ments, t find Dpi made twIn two elve (M months t*oomntythhe due 2 diff and the second to bs made the due dalis; and WHEREA8,4to mdl � the financed Impact at. tributable to the simultaneous Improvements by Me County of both Blot Avenue and 141st Street, which intersects, resulting In double assessment to the 2 lots tr on both projects, the qw del assessment a _ net Lot 1, Block H. & Lot 12, Block O both in Ercildoune Heights Subdivision, shall be payable in three s oaf Installments, the first to be made on or before 12 months from the due date, the second on or before 24 months, and the third on or before 38 months from the due date; and WHEREAS, alter examination of the nature and anticipated usage of theproposed Improve. marts. the Boardof County Commisslones has determined that the following described proper- ties shall receive a direct and special benefit from these improvements, to wit a)141rstt Streetfrom 81 at Avenue to 78th Avenue LOU 7 through 12, Block G and Late I gh BlErclkloune Heights Subdivision Nom. 2as recorded in Plat Book 4, Page 5 of the Public Records of Indian Rive County, Florlde. ----- b) soh Avenue a3W'+- North of 142nd Street Loft 1 & 5, Block F; Lots 1, 2, 3.8 3 11 Block B; Lots 9 thru 20, Block A; the souther4�88of Lot $ B2W lot lock C Block � t 3, 4 8 South - wit, Block C. Ercildoune Heights Sub. division No. 2 as recorded in Plat Book 4, RRiver s�the, i� Records of Indian c) 81st Avenue from 140th Street to 142nd Street Lots 1 & 2, Block H. Lots 1812, Block ©. Lots- 1h 8, Block K, Erdldoune Heights Subdivision Unit R as recorded In Plat Book 4, Page 5 of the Public Rracodt of IrWian River County, Florida. d) 45th Avenue from 9th Place to Dead End Lots 5 through 9, Block 7, lots 1 through 5. Block 8, aMrhdale Lakes Subdivision a recorded In Plat Book S. Page 26 of the Public Records at Indian River Courtty. Florida. - 8001( 64 FACE 4,89 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IN- DIAN RIVER COUNTY, FLORIDA, as follows:- 1. ollows:1. The foregoing recitals are affirmed and rWJ- fled In their entirety. 2. A project providing for paving and drainage improverda emto 141st Street from 81st Avenue to 79th Avenue, 80th Avenue 13W +- North of 142nd Street, Stat Avenue from 140th Street to 142nd Street, and 48th Avenue from 0th Place to Deed End heretofore designated as Public Works Project Numbers 8811, 8548, 8512 and 1 8513, respectively Is hereby approved subject to I the terms outlined above and all applicable re - 4ulrementa of Ordinance 81-27. The foregoing resolution was offered by Com- mivaloher who moved its adoption. The motion was seconded by Commissioner — and. upon being put to a vote. the vote was as follows: Chairman Don C. Scurlock, Jr. ' .. Vice4heirmen Patrick B. Lyons Commissioner Margaret C. Bowman Commlasloner Richard N. Bid Commissioner William C. Wodtke, Jr. The Chairman thereupon declared the resolu- tion duly'assed and adopted this — day of — 1BOARD OF COUNTY COMMISSIONERS OF }NDIAN RIVER COUNTY, FLORIDA BY DON C. C SCURLOCK, JR FFREDA WRIGHT. Clark APPROVED AS TO FORM AND LEGAL SUFFICIENCY By CCounty Attamsy's Ofllue � PLEASE TAKE FURTHER NOTICE that at the same public hearing, the Board of County Com- missioners shall also hear all interested persons regarding the proposed roll for the Improve- ments described In the above resolution. The Preliminary Assessment Roil and Petition Is cur- rently on Ale with the Public Works Olvisi n and A open for Inspection Monday through Friday. of 830 AM and 5:00 PM. _ It a person dsckfes towla�phany decision der by the Commission hearing. he will need s to arri record of.the proceedkns, and that, for such purpose. he may need the proceedings made, which record verbatim ot ich rec ordincckldea In and evidence upon which t ap- peal Is to be Indian RiverlrgCounty County Administrator May 1. 1986 Civil Engineer Michelle Terry reviewed the following memo and referred to the map of Ercildoune Heights: KLA TO: Tim lioNoRA}mm MEMBERS Or THE DATE: May 5, 1986 FILE: BOARD OF COUNTY COMMISSIONERS THROUGH: MICHAEL WRIGHT, COUNTY ADMINISTRATOR JAMES W. DAVIS, P.E. PUBLIC WORKS DIRECTOR FROM: NA MICHELLE A. TERRY CIVIL ENGINEER PUBLIC HEARING TO CONSIDER RESOLUTION PROVIDING FOR THE PAVING OF 141ST STREET, BOTH AVENUE, 81ST AVENUE AND 45TH AVENUE REFERENCES: DESCRIPTION AND CONDITIONS Petitions have been received fromro p perty owners of the following streets.. 1) 141st Street from 81st Avenue to 79th Avenue (Preliminary Cost $22,182.70, 61% consent, Administration Approval); 2) 80th Avenue 1300'± North of 142nd Street (Preliminary Cost $47,630.48, 82% consent); 3) 81st Avenue from 140th Street to 142nd. Street (preliminary Cost $20,548.74, 61% consent, Administration Approval); 4) 45th Avenue from 9th Place to Dead End (Preliminary Cost $12,844.47, 78% consent). Preliminary assessment rolls have been prepared for the paving and drainage improvements. The total costs of these projects is approximately $103,206.39. There is approximately $98,501.77 (as money from other roads is replenished to the Petition Paving Account, these road will be paved) in the FY85/86 budget for Petition Paving, Account No. 703-214-541-35.39. Also, advertisement of the Public Hearing and notifications to the property owners has been performed. RECOMMENDATION AND FUNDING. After consideration of the public input provided at the Public Hearing, it is recammended that motions be made to: 1) Adopt resolutions, providing for the paving and drainage improvements for each petition paving project, subject to the terms outlined in the Resolutions. The applicable interest rate shall be 1% over the Prime Rate at the time the final assessment roll is approved. 2) Approve preliminary assessment rolls including any changes made as a result of the Public Hearing. 3) Allocate $103,206.39 from the Petition Paving Account to fund this work. 4) The Road and Bridge Department be notified to schedule construction, probably in May and June, 1986 or when funding is available. 33 BOOK 6, 4 u, F- 490 MAY 2 1 1966 BOOK 64 f'".Jr 49 NW 1/4 SECTION 25 TOWNSHIP 3OS � e, c, 25 ' .os' _Ly; ••-fir � _ {�', �~%El.•S' ,\ \ , /` � \ _ PARK ` �' • �. ' / Joe ov 0 At 1 • N N • ,•a OOd.O>I �.jF 1,! 1 sro ,ob 3 10 / I %1 4O'Y w 1 a '/µ T 4 2$ `3 1��a?: 16. too • t. Qa 9 I 01 zoo N ' I 9 • - � ��> • N O � O 120. o O 1x0' 1o bo j xesREESt �- SEBASTIAN RIVER I II r_=: ,A4�ti 1xu 12 8 an CENSE1;dtss� w'a 1 PH 1 ` 2 O = sa ses g G sI � $ 1 05 0 10 .G c o� 14 • `�h'1� 4 9 a Q 1•`O �O a 0010 s 21C= i'y:.'•�..'. O O ai },07' i. w�� 1pg90 �V _ (� •1 s,0 5 S ,,- el la 38 • io xlo's Ql a l e s a • 11a ' a •, ,0 • a r^ a r'� L 1 �,• r.. 00 o y(•1 - 14 • ''`?,�.... 8g tai �q`Q �i c. olio.Ate- o t6 ai 6 2010 t r0 • g10 4► v` °vl o Iq se�1T est 0.%2 &Oq Sl- Q.:7 lO GOV. LOT I .7.o t; r ky' 143rd re�ie i • ' J 138 !� e 5 4 w -u ri 260• = 7.9' Ibb' _ ' MIO• " 110' S' 142 nd ST r 11�= m. IN) H' (-,-) -, 99 "1 " 99 -fool b I 2 3 4 5 O 6 (I 2-D r 11 10 9 II 7 - 99' 6 7 - 99' 100' ah a � � f � � 130 = ,•. ,:.141s�r';P:'ST. _ Ao SEE SECTION . i 21 OF FLEMING GRAN ♦♦ m 190 ua _ W A•1 � � ✓ m " i r D z m , �/bn�•�lea 140th ST. P _ ►.8.1. •.b a>p i Y>ct^ 34 ". )IOD ct - 2 II 10 9 6 7 - A•1 � � ✓ m " i r D z m , �/bn�•�lea 140th ST. P _ ►.8.1. •.b a>p i Y>ct^ 34 Vice Chairman Lyons noted there are four different peti- tions, and in the following discussion, it was agreed since these are mainly in the same area, we could discuss them all at once. The Vice Chairman asked if anyone present wished to be hea rd. Michael Kenney, 4005 North Indian River Drive, informed the Board that he owns lots 1 - 7, Block A, which lots fronton Erling Lane, 80th Ave., and U.S.1. He questioned why the proposed paving on 80th Ave, ends in the middle of Lot 8 He agreed that 80th Avenue does drop down drastically at about Lot 5, but there is a slight incline that runs through Lot 6. Mr.. Kenney advised that he was told if he built on Lot 7, he would have to pave all the way around to U.S.1, and then would have to have decel lanes, etc., out onto U.S.1. He felt the solution is to pave down 80th Avenue to Lot 6, then put in a cul de sac which would provide access to Lot 5, and abandon Erling Lane. Mr. Kenney noted that he and Jerry Strnad are the only owners on Erling Lane. Engineer Terry explained that this subdivision was some time ago, and the County only maintains the road to the end of Lot 8. There is a house being built on Lot 8, and we would pave up to that driveway so it will have access. Ms. Terry stated that Lots 7, 6 and 5 drop off drastically, and the County has not main- tained that portion of 80th Avenue; in fact, there are signs to keep cars off of it. Mr. Kenney reported that he has graded that right-of-way with his bulldozer so it will drain, and it is possible to drive a car down it. Administrator Wright asked about any problems with the DER re storm water if we do this, and Public Works Director Davis advised we are not discharging directly to the river on any of these projects. If the desire is to continue to pave and make a cul de sac, he would like to do more engineering and cost estimates because the land does drop off and also because of the 35 BOOK 6A Pry^E 492 MAY 21 1986 Bov Fo I F,:,1,4 ' sensitive nature of the river frontage, and come back with this information at a later date. Daniel Gough informed the Board that he lives on Lots 1, 2 and 3/4 of Lot 3, Block C, on 80th Ave. He noted that the owner of Lot 8 only loses about 10' of road to the end of his property, and he is not harmed in any way as his driveway curves to meet the road. Mr. Gough had no argument with the paving that is planned, but argued that if the paving of the road is extended, it will cost him a couple thousand dollars extra, and he will get no benefit out of it. He further noted that he is President of Ercildoune Heights Home Owners Assoc. and wished it made clear that Ercildoune Heights is not part of Ercildoune, which also includes the east side of U.S.I, and it also is not part of Roseland which is another entity altogether. Freida Brown, 14395 80th Ave., Lot 12, Blk. A, informed the Board that she is located right where 144th St. comes into 80th Ave., and she is against paving if they do not pave 144th St. to U.S.I. because from U.S.1 on down the water stands in the middle of 144th, and the water and dirt washes down right into her driveway. She further. noted that 144th is the access to a doctor's office and there is a lot of traffic on it. Director Davis advised that the topography of the subdivi- sion is such that it is staff's desire to pave every road in the subdivision; however, they did not get a petition on the other streets. If there is the interest, staff would prefer to pave the whole area and assess everyone equitably. Administrator Wright did feel that at least one access to U.S.I should be paved. Commissioner Bird believed it has been indicated we would be inclined to do more paving in this area if the people will cooperate and get in petitions. Jerald Strnad, 14155 Ercildoune, advised that he also owns the Sanddrift Hotel, which is on 144th St, and he has no problem with an assessment to get that paved. He continued that he along 36 with four doctors own six acres on U.S.1 in this area; they all have given a 15' easement and are willing to give an additional easement on Palm Lane all the way out to the bowling alley because that area is a lake when it rains. Mr. Gough spoke of people who own four lots on 144th St. and would have a -high assessment, which he felt is part of the problem. Attorney Vitunac noted that the Board of Equalization has the power to make an adjustment if someone is assessed more than their benefit and put that amount back in the pot to be split up among the other assessments. Mr. Gough felt if this road is paved it will be a benefit to the county as well as the residents, and he wondered if the county couldn't pickup 50% of the cost. - Commissioner Bird agreed we have some flexibility, but first need petitions from the people indicating their support based on an equitable assessment formula. Carol Stalker of 81st Ave. expressed her opposition to the proposed paving unless all roads are taken into consideration. Discussion ensued re various methods of assessment - square footage, etc., and Director Davis noted that some of the lots with river frontage would be very difficult to calculate. Administrator Wright brought up the possibility of abandoning Erling Lane, and'Director Davis agreed we certainly do not want to get involved in paving that road, but noted the abandonment would create a parcel of land on U.S.1 very close to the bridge. Sidney Mason, 80th Ave., asked if it is feasible for the County to just go ahead and pave the whole works and divide the cost out among all the people involved. Vice Chairman Lyons confirmed we have that power, but generally have not done it because we want the majority of people to be in agreement. He felt we are looking for encouragement. 37 MAY 211986 BooK 494 �IAY 21 1966 Boos 64 (f- 495 Mr. Mason favored having the whole subdivision paved and stated he would be willing to pay more. He felt there are quite a few present today to represent the feeling of the residents. Discussion continued, and Vice Chairman Lyons felt this should be sent back to the drawing board. He believed Director Davis has indicated it will take about two months to bring back a new plan for the whole area. The residents present indicated their support of this idea. Howard Powell believed there are some in the neighborhood who don't want to do this no matter what, but he felt the best thing would be just to do the whole thing and get it over with. Discussion then arose as to whether to do a new assessment with a new advertisement or just deny these petitions and start over, but Board members indicated they did not want this project to lose its priority on the paving list. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) agreed to table action on the paving of 141st Street, 80th Avenue, and 81st Avenue, in Ercildoune Heights and directed staff to proceed with preparing a plan for paving the entire subdivision. PETITION PAVING OF 45TH AVE FROM 9TH PLACE TO DEAD END It was noted that 45th Avenue, which was included in staff's memo, is not in Ercildoune Heights and will be dealt with separately. Civil Engineer Terry confirmed that we do have a valid petition for the paving of 45th Avenue south of 9th Place signed by 780 of the property owners. The Vice Chairman asked if anyone present wished to be heard re the paving of 45th Avenue. There were none. 38 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) closed the public hearing. ON.MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) adopted Resolution 86-29 providing for paving and drainage improvements to 45th Avenue from 9th Place to dead end. RESOLUTION NO. 86- 29 A RESOLUTION OF THE BOARD OF COUNTY COMMIISSIONERS OF INDTAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 45TH AVENUE FROM 9TH PLACE TO DEAD END; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESS- MENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in the area to be specially benefited, requesting paving and drainage improvements to 45th Avenue from 9th Place to Dead End; and WHEREAS, the petition has been verified and meets the requirements of Ordinance 81-27, and design work including cost esti- mates has been completed by the Public Works Division; and WHEREAS, the total estimated cost of the proposed im- provements is $12,844.47; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially bene- fited, be in an amount equal to that proportion of seventy-five percent (750) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited, and shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Ordinance 81-27; and WHER M, Indian River County shall pay the remaining twenty-five percent(25%) of the total cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate 39 P00F.t416 SAY 21 1986 J MAY 21 J 86 BOOK 64 N. -UE 4,97 established by the Board of County Commissioners at the time of prepar- ation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four(24) months from the due date; and 4v'TIEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit frau these improvements, to wit: Lots 5 through 9, Block 7, lots 1 through 5, Block 6, Glendale Lakes Subdivision as recorded in PLat Book 6, Page 26 of the Public Records of Indian River County, Florida. NOW 1HEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IRIDIAN RIVER COUNTY, FLORIDA, as follows: their entirety. 1. The foregoing recitals are affirmed and ratified in 2. A project providing for paving and drainage improve- ments to 45th Avenue frau 9th Place to Dead End heretofore designated as Public Works Project No.8513, is hereby approved subject to the terms outlined above and all applicable requirements of Ordinance 81-27. The foregoing resolution was offered by Commissioner Bird who moved its adoption. The motion was seconded by Cannissioner Wodt ke 'and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Absent Vice -Chairman Patrick B. Lyons Aye Conmissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 21 s tday of May , 1986. BOARD OF COUN'T'Y COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 01 mwnn _619ANIPII '7 •a N JOHN'S ISLAND CLUB, INC. - REQUEST FOR SPECIAL EXCEPTION APPROVAL 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: 40 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County. Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the lished in said newspaper in the issues of h Court, was pub- Affiant further says that the said Vero Beach Press•Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,_firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and ' (SEAL) meAs e7 A—Ar- day of (Clerk of the Circuit Court, i A.D. 19 Manager) County, Florida) NOTICE OF PUBUC HEARING Notice of Public Hearing to consider the grantin� of special exc7bon approval of a golf course n the RM -8, Mul -family Residential zon- Ing dl$WC . The subject. pro eft Fn Fhif Club. p on the WestsideoIsland north of C.R. 810... , The subject property Is described as: Northeast'A of the Southeast % of Seo - tion 29, Township 31 South, Range 39 Fast and containing 41.07 acres, more ' or less. And the Southeast '/4 of the Northeast 'A of Section 29, Township 31 , South Range 39 East, containing 4087 acres, more or less. And that Part of the NoMvwest'A of the Southwest 'A of Sec- Ion ewtion 28, Township 34 South, Range 39 :East, lying West of the F.E.C. Railroad 6,P 10.00 foot right-of-way containing 40.87 acres, more or less. And that part of the :Southwest'/4 of the Northwest % of Soo— ' on 28, .Township 31 South, Range 39 East, -lying West of the F.E.C. Railroad ;100.00 foot right-of-way, containing 29.04 acres, more or less. And thatearl of the Northwest % of the Northwest /4 of .. Section 28, Tonwship 31 South, Range 39 East, lying West of the F.E.C. -Rall--. road 10.00 foot right-of-way, containing ; `+ 9.20 acres, more or less. And that por- Von of the Northeast 'A of the Northeast,'"?:: 'A of Section 29, Township 34 South Range 39 East, lying West of the F.E.C! J9adlroad 10.0 foot right-of-way con 11 talning 40.88 acres, more or less, net acreage for Parcel 'A' of 201.71 acres. , A public hearing at which parties M interest and. citizens shall have an opportunHy tp be heard, will be field by the Board of County Com- missioners of Indian River County, Florida, In the Commission Chambers of the County Adminis- tration Building, located at 11840 25th Street, Vero Beach, Florida on Wednesday, May. 21. 1988, at 9:30 a.m. Anyone who may wish to appeal any, deciclon which may be made at this mesUng wi0 need to ensure that a verbatim record of the proceedings Is made. which Includes the testimony and evi- dence upon which the ap will be based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Y BY: -s- Don C: Scurlock, Jr. Chairman May 2,14,1988 Michael Miller, Chief of Current Development, made the staff presentation: 41 MAY 21 1986 BOOK 64 Pr4:�E 98 I BOOK 64 F''+;r 499 TO: The Honorable Members of DATE: May 9, 1986 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: If JOHN'S ISLAND CLUB, INC. SUBJECT: GOLF COURSE REQUEST FOR �241 RECOMMENDATION SPECIAL Robert M. Kea ng, ICP EXCEPTION APPROVAL Planning & Develop ent Director FROM: Michael K. Miller John's Island Chief, Current DevelopREFERENCES: MIKEII It is requested that the data herein presented be given formal consideration. by the Board of County Commissioners at their L regular meeting of May 21, 1986. PROPOSED DEVELOPMENT AND LOCATION Lloyd & Associates, Inc. has submitted a site plan application on behalf of John's Island, Inc. to construct an 18 hole golf course. Due to the fact that the proposed golf course is located in an RM -6, 'Multiple Family zoning district, the golf course is considered as a special exception use and must go through the special exception approval process. The subject property is 201.7 acres in size and is located at the northwest corner of 55th Avenue and 87th Street. The property is to be developed in a number of phases that will be individually site planned. The only structure associated with the first_ phase site plan is a 128 space parking lot. A clubhouse, gate house, and maintenance area will be site planned in future phases of site development. The drainage calculations submitted with this site plan include impervious surface totals for ultimate development. Slightly over 50% of the site will not be cleared of existing vegetation, and a disturbed wetlands area of about 6 acres will be enhanced by lowering the bottom elevation in this area one foot to encourage wetlands growth. Three lakes are proposed with a total surface area of 10.10 acres. The individual lake areas are as follows: 1. Lake #1 = 2.7 acres (irrigation lake); 2. Lake #2 = 1.8 acres; and 3. Lake #3 = 5.6 acres. Two shallow wells will serve Lake #1 for irrigation purposes,and these wells will be located 200 to 300 feet east of the west property line. Pursuant to Section 25.3 of the Zoning Code, Regulation of Special Exception Uses, the Planning and Zoning Commission is to consider the appropriateness of the requested use based on the submitted site plan and the suitability of the site for that use. The Commission then concurrently makes a recommendation to the Board of County Commissioners regarding the special exception use and acts. on the submitted site plan. The County may attach any conditions and safeguards necessary to assure compatibility of the use with the surrounding area. An analysis of the submitted site plan is as follows: At their meeting of May 8, 1986, the Planning & Zoning Commission considered John's Island Club, Inc.'s request. The Planning and zoning Commission voted to recommend to the Board of County Commissioners that special exception approval of the golf course be given, and granted site plan approval conditioned upon Board approval of the special exception use and the following two conditions: 42 1) The widening of 55th Avenue to to the southeast corner of the 2) The deletion of Lake #2. 22 feet wide from Wabasso Road property; and An analysis of the approved site is as follows: ENVIRONMENTAL ANALYSIS The subject property on which the proposed golf club site is located is on the Atlantic Coastal Ridge. The Ridge is important to maintaining the freshwater interface between the Surficial Aquifer and the high cloride waters of the Indian River. Any major disturbance or alteration of the Ridge increases the potential for saltwater intrusion into the Aquifer. Proposed lake #3 is located in an area previously mined. A field inspection conducted on April 25, 1986 revealed that the aquifer in this area is currently exposed and that construction of the lake would not create any additional disturbance to the aquifer.. The developer will actually improve the current situation by utilizing fill from the lake to cover other exposed areas, thereby providing additional overburden. Proposed lake #1 will be utilized primarily for irrigation. The proposed location is westward of the Ridge crest, providing a lesser degree of impact to the Aquifer. The acreage involved with this proposed lake is consistent with County's policy of allowing the minimum acreage needed to develop golf courses on the Sand Ridge. Proposed lake #2 is placed on the site primarily for aesthetic purposes. Because of this type of use, staff recommends that the site plan be approved with the condition that lake #2 be deleted. ANALYSIS 1. Size of Property: 201.7 acres 2. Zoning Classification: RM -6, Multiple Family Zoning 3. Land Use Designation: LD -2, Low Density Residential, up to 6 units per acre 4. Building Area: None 5. Off -Street Parking Spaces Required: 72 spaces Provided: 128 spaces 6. Traffic Circulation: The site will be accessed from 55th Avenue, and a 22 foot wide two-way driveway will be con- structed to serve the clubhouse and parking lot. The applicant will widen 55th Avenue from 20 to 22 feet wide and overlay the length of roadway from Wabasso Road to the southeast corner of the subject property. The Thoroughfare Plan Map identifies the King's Highway corridor as a secondary collector as it continues 3/4 of a mile north of Wabasso Road and terminates midway through the proposed golf course. The staff has determined that it will not be necessary to amend the Thoroughfare Plan Map prior to site plan approval, and any revisions will be considered during the next Comprehensive Plan application period in July. An amendment to the Thoroughfare Plan will not be necessary at this time for the following reasons: 1. The Thoroughfare Plan Map reflects general policy concerning future road development and, therefore, road realignments and road classification modifications of a limited nature are reasonable when sufficient justifi- cation is present; 43 MAY 21 1 sooK 64 � J MAY 2 1 1966 BOOK 64 PAI -J'50.1 - 2. 9G 501- 2. The City of Sebastian does not have a corridor that would connect to the King's IIighway extension as shown on the Thoroughfare Plan. 3. The unincorporated property that would be served by an. - extension of King's Highway is under one ownership (the proposed golf course) and the need for a secondary collector roadway no longer exists. 7. Drainage Plan: The County Engineer has issued a Type permit for the proposed stormwater management system. 8. Landscape Plan: The proposed landscaping is in conformance with Ordinance #84-47. 9. Utilities: A utilities plan will be a component of the next site plan that will include the clubhouse and other associated structures. 10. Surrounding Land Uses: North: Undeveloped South: Citrus & several single- family residences East: Citrus & undeveloped West: Partially developed as Villages of Lake Delores 11. Special exception criteria for the golf courses are as follows: a) Golf courses and accessory facilities shall not be interpreted to include freestanding commercial miniature golf courses and/or driving ranges; b) No major accessory use or principal building or struc- ture shall be located closer than one hundred (100) feet to any lot line which abuts a residential district; c) Golf courses shall, to the most reasonable extent, retain and preserve native vegetation over at least thirty (30) percent of the total upland area of the course due to their characteristically high water demand and heavy nutrient loads; and d) The golf courses shall be designed so that any lighting is shielded and directed away from residential areas. Staff finds that the application conforms to the special exception criteria. Section 25.1 of the Zoning Code, Regulations for Specific Land Uses, details specific criteria to be considered when reviewing a golf course for approval as a special exception use. All of the criteria have been met. Although the special exception process allows the Board of County Commissioners to impose any additional conditions to ensure compatibility of the proposed use with surrounding property, the staff does not recommend the imposition of any special conditions in this case. RECOMMENDATION Staff recommends that the Board of County Commissioners grant special exception approval of the golf course. 44 M Vice Chairman Lyons asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) closed the public hearing. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Wodtke, to grant the special exception approval as requested by John's Island Club; Inc. Commissioner Bowman wished to know how far lake #3 will be above sea level when it 'is deepened. Engineer Darrell McQueen of Lloyd & Associates advised that the lake will have 6-8' of water, and the bottom of the lake will be elevation 10 so it will always be 10' above sea level no matter what the level of the lake is. The surface of the water is probably at about 16.5. It will be about a 5 acre lake, and the excavation will be used to fill other areas. Planning Director Keating stated that staff did look very closely at the lakes and aquifer and coordinated with the St. John's District. That is why they recommended one lake be eliminated. Commissioner Bowman questioned when the "County's policy" re development of golf courses on the sand ridge was developed, and Administrator Wright believed this should have been worded "criteria" and not "policy." Commissioner Bowman felt we are going to have to stop using this ridge water to water golf courses, and she did not have complete faith in St. John's District's knowledge of the situation since they keep on issuing permits. Director Keating noted that he wanted to bring in an aquifer protection ordinance, but first wanted to have good back up and has been working with Mr. Frazee of the St. John's District 45 MAY 2 11986 Boor[ 6 F4cr MAY 2 1 '6316 BOOK 64 PA$-lF 503 trying to find out exactly how much overburden is needed, etc., before they present such an ordinance. Commissioner Bowman stated that her suggestion would be to put a moratorium on watering any more golf courses from the shallow aquifer until we get this data firmly in hand. Director Keating advised that staff has been looking at the location of wells, etc., to be sure they were put in a pattern that would not have an adverse effect; they have looked at a number of golf courses in this area recently and believe there are more coming. He believed we have been very successful in making sure the lakes that are put in are kept to a minimum and are in a more westerly area. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0) ORDINANCE AMENDING ZONING CODE IN REGARD TO STANDPIPES REQUIRED The hour of 9:45 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached,. to -wit: 46 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being _n a in the matter of In the _ Court, was pub- lished in said newspaper in the issues of #4 . c � Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of.securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this (SEAL) A.D. 19 — -u —luun Lours, inaian River , Florida) NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF COUNTY ORDINANCE The Board of County Commissioners of Indian River County, Florida, . y4fl conduct a Public Hearing on Wednesday, May 21, 7988 at 9:45 A.M. in the Commission Chambers at the County Administration Building, 1840 25th Street, Vero Beach, Florida to consider the adoption of an Ordinance �en�tlBed.M ° . ....... __ ._ nirgn vvvir� T %oLwc Vr LAWO ORDINANCES CHAPTER 433, `TION 902.3,''`REPEALING SEC 902.3, ` $TANDPIPES ' REOUI " CREATING SECTION 902.3 ST. PIPES; PROVIDING FOR PENAL' INCORPORATION IN CODE; BE ABILITY; AND EFFECTIVE DATE. If any person decides to appeal "ai made on the above matter, a record of ceedings will be required for such purpc he or she may need to ensure that a record of the proceedings Is made, whic Includes the testimonv and evidence c t t Apr..29, Ilver County": I CountyCommissioners aourlock, Jr Chairman EC,', ION' ED, LAD- IES; ER-: Assistant County Attorney Wilson explained our old ordinance only applied to buildings over three stories in height, and, therefore, would not be effective; we want to make the ordinance consistent with what can be built. The Fire Department is in accord with this amendment and, in fact, requested this change. Bob Hunt of the Fire Department confirmed they wished to make the City and County ordinances consistent to avoid confusion. The Vice Chairman asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) closed the public hearing. 47 MAY 2 11986 BOOK 6 Fa,F.5194 IJAY 2 1 1936 BOOK U P.1Gr 505 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) adopted Ordinance 86-35 amending the County Code in regard to Standpipes required. ORDINANCE NO. 86- 35 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER.COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 4-33, SECTION 902.3, REPEALING SECTION 902.3, STANDPIPES REQUIRED; CREATING SECTION 902.3 STANDPIPES; PROVIDING FOR PENALTIES; INCORPORATION IN CODE; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY INDIAN RIVER COUNTY, FLORIDA, THROUGH ITS BOARD OF COUNTY COMMISSIONERS that: SECTION 1. Indian River County Code of Laws and Ordinances Chapter 4-33, Section 902.3, which presently reads as follows: Standpipes required. Section 902.3, paragraph (1) is amended for use in Indian River County as follows: "Buildings exceeding one story and fifty (50) feet in height" is changed to "buildings exceeding three (3) stories or more." The purpose of this change is to require installation of fire -fighting equipment on each floor within reach of the most remote area of the building in accordance with N.F.P.A. (14-1968 Edition.) (Ord. No. 8-74-11, §15, 5-27-74; Ord. No. 77-10, 515, 6-22-77; Ord. No. 80-17, 515, 4-28-80) is hereby repealed. SECTION 2. Chapter 4-33, Section 902.3 is hereby amended to read as f ollows: Section 902 of the Standard Building Code is amended to read as follows: (a) Section 902 shall apply only to buildings to be constructed with a height of 3 or more stories. (b) Buildings constructed for residential purposes only shall not be required to have standpipe systems with a greater minimum than 30 pounds residual pressure on the roof outlet supplying a 200 gallon -per -minute nozzle. (c) All requirements of Section 902, except to the extent modified by paragraphs (a) and (b) of this section, shall apply. 48 SECTION 3 . PENALTIES Any person found guilty of violating any of the provi- sions of this ordinance shall be subject to punishment by a fine not to exceed $500.00 or by imprisonment in the County Jail not to exceed 60 days, or by both such fine and imprisonment. SECTION 6. INCORPORATION IN CODE .This -ordinance shall be incorporated into the Code of Ordinances of Indian River County and the word "ordinance" may be changed to "section," "article," or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such purposes. SECTION 5. SEVERABILITY If any Section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitu- tional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance; and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 6. EFFECTIVE DATE This ordinance shall become effective upon receipt from the Secretary of State of the State of Florida of official acknow- ledgment 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 this 21stday of May , 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY 4)t= C-- :�24 DON k - DON C. SCU—RLOCR, Attest By 49 Jx.�c nairman BOOK H PACE MAY 2 11986 Boor 64 r�fF 50 ORDINANCE RE STORMWATER DISCHARGE FROM SINGLE-FAMILY LOTS The hour of 10:00 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL I Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a 1`/� in the matter of in the Court, was pub- lished in said newspaper in the issues of 2V/,Ogz�r / i Z Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. i� Sworn to and subscribed before me this � do of—.�i'�—a.�.�/D. 19 (SEAL) (Clerk of the Circuit Court, Indian River County, F NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF A COUNTY ORDINANCE NOTICE IS HEREBY GIVEN that the Board of ourty Commissioners of Indian River County, lorlda, shall hold a public hearing at which par - Be in Interest and citizens shall have an oppor- mity to be heard, In the County Commission hambars of the County Administration Build - i located at 1840 25th Street, Vero Beach, lorlda, on Wednesda , May 21, 1988, at 10:00 m. to consider adoption o an Ordinance anti - ad: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY ORDINANCE NO. 85-- 44, THE GENERAL PROVISIONS SEC- TION OF THE ZONING CODE, ESTAB- LISHING SECTION 25(8). STORMWA- TER DISCHARGE FROM SINGLE- FAMILY LOTS: PROVIDING INCLUSION IN CODE, SEVERABILITY; AND EFFEC- TIVE DATE: The effect of the ordinance, if adopted, would � to require County approval of conceptual coinage plot plans for certain single-family lots parcels, prior to the Issuance of building per - Its for single-family homes: The Intent of the ,oposed ordinance is to ensure thatstormwater in -off train opnow tl homes does not drain off onto is2 iT+e 045; ed. ordinarrice Is available the Department office on the second. Mr•oftl*CCuUM yAdministrationBulWying_ Vcchyone maybe made wish t thiiss meetlmng lldecision r� to inure that a verbatim record of the proceedings made, which includes the testimony and evi- ence upon which the appeal Is based. Indian River County Board of County Commissioners By-.-s-Don C. Scurlock, Chairman sy 1,13,1988 Staff Planner Boling made the staff presentation, as follows: 50 � � r TO: The Honorable: Members of DATE: May 6, 1986 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE SUBJECT: AMENDMENT TO REGULATE Robert M. Keati g, CP STORMWATER DISCHARGE FROM Through, Michael K. Miller MXM SINGLE-FAMILY LOTS Chief, Current Development FROM: Stan Boling ,,4,,6, REFERENCES: stormwater Discharge Staff Planner STAN3 It is requested that the following information be given formal consideration by the Board of County Commissioners at their regular meeting of May 21, 1986. DESCRIPTION & CONDITIONS: At their October 31, 1985 public joint meeting, the Board of County Commissioners and the Planning & Zoning Commission reviewed and discussed a proposal to amend the Zoning Code to regulate stormwater discharge from single-family lots. After consideration of the proposal, the Board of County Commissioners directed staff to advertise public hearings of the -Commission and the Board for the adoption of the proposed amendment. Staff has prepared the amendment, incorporating a change suggested by the Board and Commission at the October 31st meeting, and including more specific criteria by which the Public Works Director will determine approval/disapproval of required con- ceptual drainage plans. At their regular meeting of February 13, 1986 the Planning & Zoning Commission voted 3 to 0 to recommend to the County Commission that the proposed amendment to regulate stormwater discharge from single-family lots be adopted. At a February 20th joint workshop, the Planning & Zoning Commission asked and received permission from the Board of County Commis- sioners to workshop the proposed amendment prior to formal Board consideration. An advertised and noticed workshop was held on April 18, 1986. The conclusion of the workshop was to bring the ordinance before the Board of County Commissioners for adoption. ALTERNATIVES & ANALYSIS: The County via complaints from homeowners adjacent to newly constructed homes, has recognized the need to address drainage problems on single-family lots for which no subdivision positive stormwater system has been provided or constructed. Drainage problems usually occur when newer houses are built in older subdivisions two to four feet higher than existing adjacent homes. Disparities in floor elevations of newer and older homes have increased in the last year. State regulations adopted in February of 1985 now require that septic tanks and drainfields be 12" higher above the wet season water table than previously required. In some areas, newer flood insurance requirements can cause disparities in building pad elevations as well. The proposed ordinance would address these problems by requiring approval of conceptual drainage plans as part of the normal building permit review for single-family home construction on certain single -;Family lots or parcels. The drainage plan would be included in the building plot plan or parcel survey. Much of the information required on the plan is already provided in septic tank permit applications. The ordinance would also require that any drainage improvements shown on an approved conceptual plan shall be provided, constructed and inspected prior to the issuance of a Certificate of Occupancy for the residence. 51 MAY 2 ] 1966 BOOK ' CA,t 5" MAY 21 1986 BOOK 64 F,9G F 509 The effect of the ordinance would be that persons applying for permits to build single-family homes on lots or parcels not located in a subdivision with an approved positive stormwater system would be required to do one of two things: 1. provide a conceptual drainage plan showing that stormwater discharged from the lot after construction of the home will be adequately handled without further' - improvements; or 2. provide a conceptual drainage plan showing that existing conditions and to -be constructed improvements (including swales) will adequately handle stormwater discharge from the lot after the home is constructed. Such drainage improvements will be provided and inspected prior to issuance of a Certificate of Occupancy. Staff has included specific review criteria for the Public Works - Director to use in approving or disapproving conceptual drainage plans. The criteria specify that either the stormwater run-off generated from a 10 year 24 hour storm be retained on the building site or that the run-off be legally routed off site into a maintained drainage system. The permit applicant would have to demonstrate that either existing improvements and proposed grades or proposed improvements (such as swales and/or rain gutters) and proposed grades would be adequately managed. The conceptual plans will not need to be prepared or sealed by an engineer or architect. Staff has determined that, if adopted, appropriate implementing procedures can be incorporated into the existing inter -depart- mental routing/review system. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached ordinance establishing Section 25(s) Stormwater Discharge from single-family lots. Vice Chairman Lyons asked if we are in a position to handle this, and Planner Boling advised that staff worked with Public Works on this and with Environmental Health. Commissioner Bird inquired about the financial impact in- volved, and Planner Boling explained that a lot of the informa- tion needed is already included with the data required by Environmental Health. There might be some extra surveying work in some situations. Director Keating stated there is some potential cost for preparing and submitting a plan, but if this can be demonstrated by a simple plan, that is fine. The other part involved is actually doing the improvements required to prevent discharge onto abutting properties, and he believed this mainly will just involve grading swales or putting in roof gutters. 52 M Administrator Wright inquired about the effect of this in Indian River Heights, for instance, and Public Works Director Davis advised that in that area we have definitive back lot drainage, and it is simply a matter of sloping to get to the swale. He emphasized it is not the intent to get into something costly, but we do want people to think about drainage when they design their house. Commissioner Bird did not want this to require hiring an engineering firm or anything that will increase the cost of the homes considerably. Commissioner Wodtke wondered if we may not need some flexibility with the standard of the 10 year 24 hour storm as he felt, in some cases, people may not be able to retain 7.5" of water on their site. Administrator Wright asked about areas where we might have a problem with this standard, and Director Davis felt some of the problem would be in unplatted metes and bounds subdivisions with no rear lot easement. He pointed out that while the rainfall in the 10 year 24 hour storm may be 7" or so, the runoff from the lot is not that much. but he felt we could relax that require- ment if desired. Commissioner Wodtke felt possibly we should try it first and see just how much problem it does create, and Vice Chairman Lyons agreed. Commissioner Bowman brought up the problem of the runoff being legally routed off the site into a maintained drainage system as she believed the water management districts are very jealous of their ditches. Vice Chairman Lyons asked if anyone wished to be heard. Georgia Allen of Roseland confirmed"the.re are cases where the requirements for elevation of new houses have caused problems, and she agreed that people need some assurance their yards will not be flooded. It was determined no one else wished to be heard. 53 Boa 64 PA,UE.510 MAY 22 1y`- WK 64r,�-JC51 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) closed the public hearing. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Wodtke to adopt Ordinance 86-36 establishing Sec. 25 (S) Stormwater Discharge from Single -Family Lots. Commissioner Wodtke noted the recommendation stated that conceptual plans will not need to be prepared or sealed by engineers or architects, but he believed the ordinance does not really say that. He wanted to know if it would be possible for an individual to meet that requirement without having an architect prepare the conceptual plan. Director Davis believed it would for a single family lot because it is a common sense type thing; the owner just needs to look at the lot and the surrounding property to see where the water is going. Commissioner Wodtke inquired if you have to know the elevation of the property next to you when you come in to get a septic tank permit. Michael Galanis of Environmental Health advised that he currently requires elevations on the individual lot, but he would be glad to include as a requirement that they have some transition grades of the surrounding property. Commissioner Bowman suggested that instead of the slab, we just require the floor level to be a certain height. Mr. Galanis did not understand the difference between slab and floor level, and Commissioner Bowman pointed out that you can build on pilings. Vice Chairman asked if the Board wished to amend the word "slab" to "floor level," and Commissioner Bowman felt the problem 54 could be eliminated entirely by requiring people who build in low places to build on pilings. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0) INDIAN RIVER COUNTY ORDINANCE NO. 86 - 36 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY ORDINANCE NO. 85-44, THE GENERAL PROVISIONS SECTION OF THE ZONING CODE, ESTABLISHING SECTION 25(S) STORMWATER DIS- CHARGE FROM SINGLE-FAMILY LOTS; PROVIDING INCLUSION IN CODE; SEVERABILITY; AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. Indian River County Ordinance No. 85-44 is hereby amended to establish Section 25(S) of the Zoning Code to read: STORMWATER DISCHARGE FROM SINGLE-FAMILY LOTS To ensure that stormwater runoff is adequately managed, each applicant for single-family home building permit approval shall submit a conceptual drainage plan as part of their building plot plan or parcel survey, if the building lot or parcel is not located in a subdivision having a positive drainage system previ- ously approved by the Public Works Director. A list of "previous- ly approved" subdivisions shall be on file at: 1. the Building Division, 2. the Public Works Division, and 3. the Planning and Development Division. The conceptual drainage plan shall depict the existing or proposed stormwater management system including swales, finished ele- vations, transition grades to abutting property, any off-site tributorv.drainage entering the property, existing and proposed drainage system improvements (if needed), and other pertinent information as may be required by the Public Works Director. All conceptual drainage plans required by the Public Works Direc- tor must be approved by the Public Works Director prior to the issuance of a building permit. The Public Works Director shall approve conceptual drainage plans and approve revisions to such plans if it is determined that by constructing in accordance with the plans: 1. the stormwater runoff generated from a 10 year 24 hour storm (such storm producing 7.44" of -rainfall) will be retained on the applicant's building site; or 2. the stormwater runoff generated from a 10 year 24 hour storm (such storm producing 7.44" of rainfall) will be partially.retained on the applicant's building site and the remainder will be legally routed off of the appli- cant's building site to a publicly or privately main- „tained drainage system having sufficient capacity to adequately accommodate the additional stormwater run-off to be created by the proposed structure(s). 55 MAY 21 1986 BOOK 64 I nUF 519 MAY 2 11936 No certificate depicted -upon Works Director approved plan. SECTION 2. BOOK 64 pnu-C 51 of occupancy shall be issued where improvements a conceptual drainage plan approved by the Public have not been constructed in accordance with the INCLUSION IN CODE The Ordinance shall be incorporated into the Code of Indian River County and the word "ordinance" may be changed to "section", "article", or other appropriate word and the sections of this Ordinance may be renumbered or relettered to accomplish such purposes. SECTION 3. EFFECTIVE DATE The provisions of this Ordinance (No. 86- ) shall become effective upon receipt from the Secretary of the State of Florida of official acknowledgment that this Ordinance has been filed with .the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 21st day of May 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY: By: Don C. Sc �r lock,•.. ,, airman ORDINANCE NO. 86-36 Platted Single Family Subdivisions with Approved Positive Drainage Systems All platted single family subdivisions, having applied after November of 1982 (beginning withfile #IRD-SD-82-12-002), have received stormwater management permits in accordance with the Stormwater Management Ordinance No, 82-28 and as amended. These subdivisions have an approved positive drainage system and are therefore exempt from the requirements of Section 25(S) of the Zoning Code. These subdivisions are as follows: Name - Plat Book and Page Wabasso Estates 11-55 Wood Hollow Phase I 11-63 Tall Tree 11-68 Forest Lake II 11-77 Carriage Lane 11-79 Forest Park III 11-81 Grove Park Manor 11-82 Country Pines 11-83 56 Boxwood Estates Kingswood Estates I Shorelands Florence Acres The Sanderling Courtside Oakridge Atlantis Old Sugar Mill Estates III Laurel Court Winter Grove Kirkwood Estates J.R. Ashton Sterling Lake Estates Citrus Ridge Piney Oaks Oslo Ridge Wood Hollow Phase II 11-84 11-84 11-87 11-88 11-91 11-93 I1-94 11-95 11-98 11-99 11-100 12-1 12-12 12-13 12-14 12-15 12-16 12-17 NOTE: some subdivisions have been platted that did not receive a stormwater management permit but had positive drainage systems approved by the Public Works Director. These sub- divisions will also be exempted, and will be determined by Public Works . ORDINANCE ESTABLISHING PAVED ROAD REQUIREMENTS The hour of 10:00 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 57 MAY 2 BOOK c 1 �9�6 rnF, 51 MAY 2 1.1936 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a r ic�cs.c r in the matter of in the lished in said newspaper in the issues of Court, was pub- Affiant further says that the said Vero Beach PresE-.-ureai j published at Vero Beach, in said Indian River County, Florida, and that ,he said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 1j2 d of /�� A.D. 19 - t (Busine s Mana ) (SEAL) (Clerk of the Circuit Court, Indian River Codnty, g lda) � BOOK64 PvF 51 auW odTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF A COUNTY ORDINANCE NOTICE IS HEREBY GIVEN that the Board Of ounty Commissioners of Indian River County, lorida, shall hold a public hearing at which par- ties In Interest and citizens shall have an oppdr- tunity to be heard, in the County Commission Chambers of the County Administration Build- ing, located at 1840 25th Street, Vero Beach, Florida, on Wednesday. May 21, 1986, at 10:00 a.m. to consider adoption of an Ordinance en8- tled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY ORDINANCE NO. 85- 52, THE SITE PLAN REVIEW PROCE- DURES AND STANDARDS SECTION OF ; THE ZONING CODE, ESTABLISHING, _....... .,. .1— nwvon ones SION IN CODE, SEVEHABU I T; M EFFECTIVE ohe proposed ordinance is available at the Planning Department office on the second floor yoof ne who my Administration w appeal Building. decision may arty ec which may be made at this meeting will need to ensure that a verbatim record of the proceedings Is made, which Includes the testimony and evi- dence upon which the appeal is based. Indian River County, Board of County Commissioners By: -s -Don C. Scurlock, Chairman May 1. 13,1986 Staff Planner Boling made the following presentation: 58 TO: The Honorable Members of DATE: May 6, 1986 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: PROPOSED AMENDMENT TO THE Ile ZONING CODE ESTABLISIiING Robert M. KealtVing, CP ----SUBJECT: SECTION 23.3 (d) (3) : PAVING Planning & Development Director REQUIREMENTS Through: Michael K. Miller Chief, Current Development FROM: Stan soling , J. 6• REFERENCES: Barkett Staff Planner STAN3 It is requested that ,the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of May 21, 1986. DESCRIPTION & CONDITIONS: The County site plan ordinance currently addresses road paving in a general manner by setting minimum pavement width standards and requiring street improvements that meet those standards. However, more specific requirements are needed that address the nature and timing of road improvements based upon type of development and road impact, type of road, and differences between roads accessing and abutting project sites. The need for paved "access improve- ments is apparent: increased traffic on unpaved roads increases maintenance costs, decreases the road's traffic utility, and exacerbates road drainage problems and problems in maintaining road drainage improvements. Generally, because of their impact on roads, the County has required larger developments to provide off-site paving. The treatment of smaller developments has often been to require some sort of escrowing or bonding for future road paving. It has clearly been the. intent and goal of the County, as stated in the Comprehensive Plan, to ensure that adequate road improve- ments are provided to developments. However, there is a need to formally establish, by ordinance, site plan paving requirements that relate to the impact a development will have on roads and that address cumulative impacts of small developments. At their regular meeting of April 24, 1986, the Planning & Zoning Commission voted 4-0 to recommend that the Board of County Commissioners adopt the ordinance. proposed by staff, with some amendments. These Planning & Zoning Commission amendments have been incorporated into the ordinance as attached to.this report. ALTERNATIVES & ANALYSIS: At the October 31, 1985 joint meeting between the Board of County Commissioners and the Board of County Commissioners, the Boards asked staff to draft a specific proposal addressing road paving requirements. Based upon the discussion at the October 31st meeting and subsequent staff input, the proposed paving requirement section of the zoning code establishes paving require- ments and assigns paving -responsibility. The ordinance applies road paving requirements to major site plan projects only, and therefore does not require road paving pro- visions from minor .site plan projects. Such minor site plan projects would include small additions, duplexes, and siting of mobile homes. All major site plan projects utilizing private roads would be required to pave the private road. Public local roads, which the County can control and plan for, would either be paved (for large projects or accumulation of small projects) or funds would be escrowed for future paving (small projects). The 59 MAY 2 11986 BOOK 64 F,A,,,E516 MAY 2 11986; BOOK 64 PA F 517 impact of a project or accumulation of projects would be deter- mined by the number of trips generated by the project or projects. The impact would, in turn, determine the need for immediate paving or escrowing for future paving. The ordinance also establishes criteria for the Board of County Commissioners to use in determining whether a scenic or historic road is to be paved or not. Also, the timing of paving Thoroughfare Plan roads is tied to the County's long-range road improvement program. The Board would be able to approve exceptions to the long-range program. Criteria to use in such decisions are included in the ordinance. Overall, the ordinance establishes paving standards for the various circumstances that arise in the site planning process. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed ordinance establishing section 23.3(d)(3): Paving Requirements. Planner Boling noted that they also addressed access road frontage as opposed to abutting road frontage - access road frontage is what is to be paved up front and in some situations abutting road frontage can be escrowed. He suggested a sentence be added to two portions of the ordinance. At the beginning of the ordinance, the bottom of Page 1, they refer to Thoroughfare Plan Roads. Improvements of the Thoroughfare Plan Roads are guided by general requirements that are spelled out on the next page. In situations where a project abuts a Thoroughfare Plan Road, impact fees are set up; so, they would like to.add a sentence whereby traffic impact fees can be substituted for escrowing requirements where they abut Thoroughfare Roads. This would also be added to 1.(c). Discussion arose as to whether the proposed ordinance is significantly different than what came out of the workshop, and Planner Boling stated the main change the Board wanted out of the workshop was to tie things to traffic generation and not distance from a paved road. He agreed that this does get complicated because there are a lot of situations that need to be covered. Administrator Wright advised that he would like to continue this item; it has been reviewed by the attorney but not been signed off on, and he suggested it be continued for several weeks. 60 M M M ON MOTION MADE by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) agreed to continue consideration of the ordinance establishing paved road requirements to June 4th at 10:00 o'clock A.M. ARCHITECT'S PRESENTATION- HEALTH CLINIC BUILDING General Services Director Dean introduced Architect Lemos Ramos of Ramos & Associates, Miami, who is designing the new County Health Clinic. Mr. Ramos displayed a sketch of the site which will be in the area of 27th Street and the Relief Canal between 18th and 20th Avenues. He explained that he has used 19th Avenue, which ties to the existing Administration Building, for the main entrance to the property and the project and there are three other entrances. The main entrance to the Department of Health fronts on 27th St. with a secondary entrance for the clinic for maternity, pediatrics, nutrition, etc., and a service and staff entrance. There also will be offices for the Veterans and Welfare Services as well as Environmental Health Services. Mr. Ramos then displayed the floor plan of the proposed two story building, showing the waiting area and reception area on the first floor with a control point where you can get informa- tion. He noted that the second floor, which has the supporting services, can be reached by elevator or stairs, and they have a cashier on the control station and administratives areas with future growth points; a waiting room with terrace; conference rooms, auditorium, etc. He explained that on the first floor the spine of the building is a working corridor for the various clinic areas, as well as laboratory and X-ray, with the T-. B. a-nd V.D. clinics separated from the others. The building will be unpretentious but clean looking. Mr. Ramos advised that the project has been designed in accordance with the minimum standards of the state requirements for square footages, and in 61 Bou 64 F�x�cE5.�8 �Y 2 � �9 MAY 21 1386 BOOK 64 Fp.cE519 most cases, they have reduced the square footage so that we are just a hair below state standards, but the building functions very well and it has the necessary space. The various departments have been designed for a 2-3 year growth pattern, with area for further growth over the next ten year period. Mr. Ramos believed the facility has a growth potential to the year 2000. Commissioner Wodtke asked if it is possible to build higher, and Mr. Ramos stated that the building has been designed for two floors, but he believed it would be inexpensive to design it for three. He noted there is considerable potential for growth in parking. There are 85 spaces required, and they provided 156. Commissioner Wodtke inquired how we ended up with Veterans and Welfare in this building, and Administrator Wright explained that staff looked at this, and these services just seemed to fit; also we are leasing space for them now. Commissioner Wodtke had great misgivings about having a flat roof, as in his experience, they always leak. Mr. Ramos advised that the roof has a 1/4' slope per foot; it is designed the same as the universities and other similar type of buildings they have been doing for years, and they have had no problems. He further advised that his firm also has a construction company, and they are estimating costs as they go along, and they are looking at a 20 year bondable roof. He emphasized they want to try to give the County a building as maintenance free as possible. Vice Chairman Lyons commented that we now are talking in court about a bonded roof, and Commissioner Bowman also stated that she did not want the County to be a guinea pig on a new type of.roof. Mr. Ramos assured the Board that the roof will be done correctly. 62 r Commissioner Bird inquired what additional guidance is needed, and Administrator Wright noted that staff has been negotiating with 3 or 4 owners we have to buy property from. General Services Director Dean believed the Board authorized staff to proceed with acquiring that property last week, and he would like to get a`M.A.I. appraisal on these properties, as has been our standard policy. Discussion ensued as to whether we have to have an M.A.I. appraisal or can use our in-house appraiser, and Attorney Vitunac confirmed it can be either; we just have to show that the appraiser we are using is qualified. Administrator Wright felt that we need an outside appraisal. Vice Chairman Lyons believed we have authorized staff to take any steps necessary to go to condemnation. Commissioner Bowman inquired what incentive we can give these people, and Administrator Wright advised money and an offer to move their house. Commissioner Wodtke inquired about the exterior treatment, and Mr. Ramos explained the intention is to use stucco with the color mixed through it as they want something more durable than paint. They want to use some better materials for inside walls etc., such as tile, and spend more money on the interior. Commissioner Bird believed the floor plan presented seems to be functional, and the building looks attractive. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Bowman to approve the conceptual plan for the County Health Clinic and authorize Architect Ramos to proceed with final construction drawings in preparation for bid. Administrator Wright asked if the Board wanted to see the final plan before it went to bid, and it was generally indicated that they would. 63 MAY 21 1986 Boos 64 c,t,U,,5?0 I MAY 2 11986 BOOK �r Dr. Tucker expressed the Health staff's appreciation of working with Architect Ramos and their support of the plan presented. Discussion ensued re the projected cost, which Director Dean reported is estimated at $78.38 per sq, ft. and includes all the site work, the clearing, grading, paving, sidewalks, curbs, irrigation system and landscaping. It was felt this is a good price. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0) DISCUSS CREATION OF NEW ZONING DISTRICT TO ALLOW SINGLE-FAMILY RESIDENCES AND MOBILE HOMES Chief Planner Shearer made the following presentation: TO: The Honorable Members DATE: May 12, 1986- FILE: - of the Board of County Commissioners DIVISION HEAD CONCU)tRENCE CREATION OF NEW ZONING 4, StBJECT: DISTRICT ALLOWING SINGLE - Robert M. a in2�1AICP FAMILY RESIDENCES & Director MOBILE HOMES Planning & Development Division S FROM: Richard Shearer REFERENCES: Mensin 9 Chief, Long -Range Planning TK2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of May 21, 1986. On May 8, 1986, the Planning and Zoning Commission held a public hearing on the Roseland Small Area Plan and Precise Land Use Map. At the public hearing, a number of individuals from the Roseland area expressed concern about the existing area located southeast of Elaine street which is currently zoned RMH-6, Mobile Home Residential District (up to 6 units/acre). This area was recommended for residential uses at a density of up to 6 units per acre. However, several individuals stated that they felt this area should specifically be designated to allow a combination of single-family residences and mobile ' homes and that the County should create a zoning district that would allow this combination of uses. Based on this request, 64 the Planning and Zoning Commission tabled action on the Roseland Plan and requested that the Board of County Commissioners provide direction to the Commission on this matter. The County formerly had a district (the R-lRM district) which allowed both mobile homes and single-family units. In April of 1985 when the new residential districts were adopted, the R-1RM district was repealed. Since a large part of Roseland was zoned R -IRM until that district was repealed, the residential conversion ordinance rezoned those areas to RMH-8, Mobile Home Residential District. The RMH-8 district allows mobile homes up to 8 units per acre, but prohibits single-family units. The area in Roseland that was zoned R-lRM contains approximate- ly 110 mobile homes, vacant land, and about six single-family dwellings.- During the fall of 1985, the Roseland Property Owners Association approached the Planning Department about this situation and inquired if this area could be rezoned to R-lRM or another zoning district that would allow mobile homes and single-family dwellings. The Association also indicated that they felt the existing RMH-8 zoning was inappropriate because it allows up to 8 units per acre and they felt this � area should be limited to about 4 units per acre. Based on this inquiry from the Association, the staff began work on the Roseland Small Area Plan. In December of 1985, the staff met with the Roseland Property Owners Association's Board of Directors to discuss land use issues in the area and to set boundaries for the Roseland Small Area Plan. In January, the staff met with the Roseland Proper- ty Owners Association to describe the process of preparing the Roseland Small Area Plan and to discuss land use issues in the area with the Association's general membership. One of the main issues ofconcernto the Association was the RMH-8 zoning of the area previously zoned R-1RM and the permitted density of 8 units/acre. Based on these concerns, the staff recommended, and the Board of County Commissioners approved, down -zoning - this area to. RMH-6 when the nonresidential zoning conversion ordinance was adopted on January 29, 1986. The staff felt that down -zoning this area to RMH-6 would lower the permitted residential densities and would provide an interim zoning until the staff could study the situation further. In March, the staff completed a draft of the Roseland Small Area Plan. Several copies of this draft were sent to the Roseland Property Owners Association for their review and comment. The draft plan discusses the various issues in the Roseland area including the mobile home zoning. ALTERNATIVES AND ANALYSIS The Roseland Small Area Plan does not specifically address the issue of mobile homes and single-family homes in one area. While the plan recommends that density be limited -in certain areas, it also recommends that additional study be done on the mobile home/single-family issues. In further reviewing the area zoned RMH-6 which does -contain approximately six single-family residences, the staff has considered several alternative zoning provisions for this area. The following alternatives were reviewed: 1) No change in the current RMH-6 zoning; 2) Create a new zoning district that allows both single-family houses and mobile homes; 3) Rezone allof this area to RS -6, Single -Family Residential District; 4) Rezone part of this area to RS -6 65 Boor 64 F,4 c E 5j?'2 I MAY 2 1986 BOOK 6 6 F,�-E 5 Alternative 1, no change in the current RMH-6 zoning. This alternative requires no rezoning action and would allow only mobile homes to be located in this area in the future. Based on the existing land uses in this area, including the existing single-family residences which are nonconforming uses, staff does not see any advantages to this alternative. The disadvan- tages to this alternative are the facts that the existing houses are nonconforming uses which cannot be replaced or. expanded and the fact that individuals living in mobile homes could not replace them with single-family residences. Alternative 2, create a new zoning district that allows both single-family residences and mobile homes. The advantage of this alternative is that all existing mobile homes and sin- gle-family residences would be conforming uses and individuals would have flexibility as to which type of dwelling unit they could place on their lots. A disadvantage of this alternative is that it would take six months or longer to follow the procedures necessary to prepare and adopt a new zoning district and process a rezoning request for this area. Another disad- vantage is that the staff does not feel that it is appropriate to allow single-family residences and mobile homes in the same zoning district. One of the purposes of zoning is to group similar land use activities together and separate conflicting land uses. Another purpose of zoning is to protect property values. Allowing mobile homes to locate next to single-family residences would not protect the property values of the sin- gle-family residences and would be undesirable to most owners of single-family house. Alternative 3, rezone all of this area to RS -6. The advantage of this alternative is that anyone: in this area who wanted to build a single-family house in the future would be able to do so and the existing single-family residences would become conforming uses. The disadvantages would be that all of the mobile homes in this area would become nonconforming uses which could not be replaced. Alternative 4, rezone part of this area to RS -6. Under this alternative, part of this area would'be rezoned to RS -6. The advantage of this alternative is that the existing sin- gle-family residences could be rezoned to become conforming uses. The disadvantage of this alternative is that it may be necessary to rezone some existing mobile homes also to avoid spot zoning. It is the staff's position that mobile homes and single-family units are not compatible and, therefore, should not be allowed in the same zoning district. Since a principal objective of zoning is to protect property values and because- such a zoning district would fail to protect the property values of sin- gle-family home owners in areAs zoned for both single-family and mobile home uses, the staff feels that no such zoning district should be established. For these reasons, the staff feels that Alternative 4 is the most appropriate option. However, indi- viduals may apply for an amendment to the text of the zoning ordinance. RECOMMENDATION Based on the above analysis, staff 'recommends that the County not establish a zoning district which allows both mobile homes and single-family units. The staff also recommends that the Board direct the. staff to study this area further and to prepare a recommendation concerning rezoning part of this area from RMH-6 to RS -6. 66 Chief Planner Shearer emphasized that staff has been trying to move forward with zoning, and they consider that creation of a mixed district as proposed would be a step backwards. He further noted that the residents not only want single family and mobile homes in the same district, but they also want to include a wide variety of home occupations. Commissioner Wodtke asked who owns the land in the mobile home area, and Planner Shearer stated that in most cases the person owning the mobile home also owns the land; this is not a mobile home park. Commissioner Wodtke believed that this makes quite a difference as these are people's homes. Joan Spaulding of 129th Place informed the Board that she owns a mobile home that is on two acres of land. Her son lives in a house next door to her and has written the following letter in support of a mixture of single family and mobile homes: May 20, 1986 Thomas C. Spaulding Diana L. Spaulding 7890 -129th Place: P.O. Box 264 Roseland, FL 32957 Indian River County Planning and Development Division Administrative Building 1840 -25th Street Vero Beach, FL 32960 Dear Bwrd Members: Beginning in 1983, we constructed a single family frame home on a one-half acre lot at the above address, which is in the AA Berry subdivision of Rose- land. At that time, zoning allowed both single-family homes and mobile homes. When we bought our property in 1981, we were completely aware of this zoning allowance. We have no objections to a mixed residental area consisting of single family homes and mobile homes. We feel our home is certainly an asset to the area property value. Our area has included a mixture of both single-family homes and mobile homes for a good many years. Currently, the zoning is RMH-6 where we live. This was a recent change as you know. Roseland has its fair share of mobile home zoning, and we. have not cared for this conversion to a mobile home zoning allowance only. If we should experience a catastrophic loss to our home, the present zoning would not allow us to replace our current home as a single-family home. 67 MAY 21 196 BOOK ID F�c�� MAY 21 1966 BOOK1- I UE 5 K9 In addition, we know it is unrealistic to implement zoning which allows six mobile home units per one acre. The county has already recognized there is a nt�ed for public water and sewage, and will not be able to institute such platZr for quite some years. Allowing certain individual property owners to place six mobile home units per one acre would only add to their personal profit, and would not be in the best interest of the Roseland community and enviroment. Six mobile homes per one acre is too dense of a population for this amount of land. We would like to see this down -zoned to a maximum of three units per:one acre, which would be consistent with the densities to the west. We would like to see the low density nature of the Roseland re- sidental area maintained in the future. Roseland is a unique area of Indian River County. Our area can support a low density population of both single-family homes and mobile homes, as it has for many years. It may be unusual to have such zoning in a residental area, but exceptions can be made. We would like our area made an exception to the zoning from the remainder of the county. Your consideration and support towards our community isgreatly app ted. , Sincerely/ ` THOMAS C. SPAULDING 4�41 DIANA L. SPAULDING Fred Mensing, 7580 129th St., Roseland, noted.that staff's memo refers to the "existing area southeast of Elaine Street." He believed we are talking about Estes or 80th Ave., and he felt that correction should be noted. Mr. Mensing stated that the only input staff received prior to May 8th was from the Roseland Property Owners Association which comprises only a very small portion of the affected area. He felt mixing of zoning should have no adverse effect on the people north of 80th Avenue. The people to the east on Gibson St. are in industrial zoning, or it is the City of Sebastian which doesn't care what happens to Roseland so there is no effect to the community, and to the south they are again the City of Sebastian as is most of the western boundary of the area affected. Mr. Mensing felt many more people would be here, but they are working. He then presented the following letter with signatures of 11 property owners supporting the mixed zoning and asking that any action be put on hold until all this can be resolved. 68 s./< cl,- 1r C)Ltt -t c C ki-4- PX- 4-ke LQ C74 AL A e, y ee 10 69 c.� 7' <-•,y�r� t�i.,; c � r .t i � ._.0 �� 7�07v* ,'.% t -L r, �-a[.e. � .0 L.�r., fig- C iso .r%'�,a.�L-�•r,{.� .,. ,. .. �_ �.-J _.�_i.�v�'%+-C t"�. �_1CC ..t--L_-t_�, J.[.-,�„eGy� /�• t f :.`'fF7 -.�% i �L. . ,-Z'. �. _�\- %1 A1.'Lj%:j O ' Sr• '' -ti.,--•�;-- c ref ,: •l % z�-� t L ' 1 n.CC'�� r v' r- tt' � t �t-'f�c'. i .� � tC. L "Lf tel. 3'L[t- !L 4- /L�-�-,t ,G J✓J�c.. C 'r -K' 6�v 7 ig a L �PoSc Mr. Mensing believed a similar petition was prepared by Margaret Herndon and more signatures requesting the same thing have been obtained. There are 165 tax parcels in the affected area, and he felt that they have 75 or more signatures supporting the petitions. In view of this support, he found it unfortunate that the Board would direct staff to do anything but work with the residents and come up with something very similar to the original zoning. He also requested that the Board direct staff 70 �Lw %!�1�-> � � leu<'_ %�t•�r.K� % f fg"- AZ e� ig a L �PoSc Mr. Mensing believed a similar petition was prepared by Margaret Herndon and more signatures requesting the same thing have been obtained. There are 165 tax parcels in the affected area, and he felt that they have 75 or more signatures supporting the petitions. In view of this support, he found it unfortunate that the Board would direct staff to do anything but work with the residents and come up with something very similar to the original zoning. He also requested that the Board direct staff 70 to send the community notice of any meetings and discussion re their area. Mrs.Georgia Allen noted that this does not affect her personally, but she is in real estate and she does live in Roseland and has for many years just because of the type of place it is. She personally doesn't want to live in a mobile home, but her daughter lives next door to her in one, and many other people live in them and love it; so why can't staff leave the area alone. Roseland has a special character of its own, and they don't want it changed. Fred Meidel informed the Board that he bought 4 lots in this area because it was mixed zoning and if he didn't want to build a house, he could put mobile homes on it, but now he can't. Carolyn Eggert, Chairman of the Planning & Zoning Commis- sion, pointed out that the Commission has to look -at these areas that have some real problems, and these situations are very frustrating. Administrator Wright emphasized that what is brought to the Board is what makes good zoning from the staff perspective; staff will not bring just what is politically expedient. Commissioner Wodtke did not believe he would want to consider ever developing a new area that would mix single family and mobile homes, but in this particular case where the people'in the mobile homes own the land, it is actually a homestead, and he would not have any problem with allowing them to continue to exist together. Administrator Wright did not see how staff can differentiate based on whether the mobile home is owner occupied. He noted that in many cases, the people own more than one lot. Director Keating pointed out that none of the alternatives staff has suggested would require anyone to change what they have got; staff was just asking for some input before they expended both time and money to advertise creating an ordinance. He further noted that we used to have permits to allow temporary 71 BOOK 64 Ft±GE 5,?8 MAY 21 �9 � � MAY 2 Bou 5j?9 mobile homes on lots while people were building homes, and received complaints about that. He felt if the Board comes up with a zoning district which would encourage this mixture, we are encouraging more problems in the future. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Wodtke, to direct staff to outline specific areas to be RMH-6 and certain ones to be RS -6, and at the same time come up with a plan and diagram of boundaries where this mixed zoning could be allowed, or in other words, present alternatives. Vice Chairman Lyons felt actually this would be more a re- creation or grandfathering situation. Commissioner Bowman concurred that this is a special area because as was said in the past, "Roseland is a state of mind." THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0) WINDSTORM INSURANCE REQUEST - OYSTER BAY Attorney Vitunac reviewed the following memo and letter: TO:Board of County DATE: 5/09/86 FILE: Commissioners SUBJECT: AGENDA ITEM - Oyster Bay Home Owners' Assoc. Windstorm Insurance Request FROM: Charles P. Vitunac REFERENCES: County Attorney I have received the attached request from Merrill Lynch for Indian River County to expand the territory covered by the State of Florida Windstorm Insurance Program. As the attached letter states, currently all of the property along A -1-A is within the Windstorm Pool; but Oyster Pointe Condominiums are west of the Indian River and east of U.S. Highway #1 and are not within this territory - and, thus, are not able to participate in the cheaper insurance pool. I have asked Merrill Lynch to be present at the Board of County Commissioners' Meeting at which this item is discussed to present their request in person to you. 72 V MrAerrillLynch May 7, 1986 Mr. Charles Vitunac County Attorney Indian River County 1840 25th Street Vero Beach, Florida 32960 Re: Oyster Pointe Homeowner's Association Oyster Bay Homeowner's Association Dear Mr. Vitunac: �61c�9� AWAY 1986 cry Z�q After several telephone conversations with Mr. Bill Pace of the State of Florida and you, enclosed please find a photocopy of Florida Law, Chapter 627.351 for your reference. You will please note that Paragraph 2 discusses Windstorm Insurance Risk Apportionment. By this letter, we are requesting Indian River County set up a public hearing to request the enlargement of the State of Florida Windstorm Territory in Indian River County. Currently, all of the property along AlA is within the Windstorm Pool.area. However, anything west of the Intercoastal Waterway is not included. We need to -extend that territory to read anything west of_AiA, up to U.S. Highway 1.. The reason for this is that the current insurance marketplace is such that any structure that is frame outside city limits will have trouble obtaining Windstorm insurance as the insurance companies feel that, in addition to their being a high risk from fire loss, there is a high risk from Windstorm loss -and they will not accept this. The following is a list of insurance companies who have turned down Fire and/or Windstorm coverage for the captioned customers; Aetna Casualty & Surety Company, Agricultural Excess Insurance Company, American States Insurance Company, Chubb & Son, Continental Insurance Company, Crum & Forster Insurance Group, Great American Insurance Company, Appalachian Insurance Company, CIGNA, Kemper Insurance Company, American International Group, New Hampshire Insurance Company, Reliance Insurance Company, St. Paul Insurance Company, CNA, Hartford Accident & Indemnity Company, South Carolina Insurance Company, The Travelers Insurance Company (for Windstorm only). At a very expensive cost, we are able to get Windstorm coverage up to $1 million per occurrence and per aggregate through Swett & Crawford. However, this cost would run approximately $100,000 in premium for Windstorm coverage only. With the territory being expanded, we.could to obtain Windstorm coverage in the amounts they need at a reasonable price. As you can imagine, the two captioned Homeowner's Associations are most concerned that in the event of a hurricane with no insurance, there would be the possibility they would not be able to raise the money to rebuild the structures. I am certain this would be of concern to Indian River County. Please review this and, if need be, I will be more than happy to drive over to meet with you. However, time is of the essence as it will take the State of Florida two to three weeks to consider your request for the meeting. To refresh your memory, I have been speaking with Mr. Bill Pace at (904) 487-2161. He has advised me that Brevard County is also in the process of doing the same thing as we are requesting Indian River County to do. I look forward to hearing from you promptly. Thank you for your attention to this matter. Very truly yours, Carolyn M.`Miller MAY 21Ai t Executive LZ 73 BOOK.F,aE53 J SAY 2 1 196 BOOK 61 F,�a 531 Eugene Popow, president of the corporation which manages Oyster Bay and Oyster Pointe, confirmed that their insurance situation is very difficult. It has been solved in all areas but windstorm damage. If the area west of the river could be the same designation as the barrier island, they would be able to get the insurance and could participate in the insurance pool and their premiums would be about 1/8 of what they are. Attorney Vitunac commented that Merrill Lynch is requesting that the County hold a public hearing, but the law provides that the Department of Insurance holds the hearing. Ms. Carolyn Miller advised that the State says they don't hold the hearing; they will attend it. Discussion ensured re the area to be included, and it was felt we should make it border to border so we can have windstorm insurance for all of our county. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) authorized the County Attorney to delve into this and set up a public hearing in regard to meeting the requirements for windstorm insurance for the entire area west of the river. ESTABLISH BASE LINE ELEVATION FROM WHICH MAXIMUM BUILDING HEIGHT IS TO BE MEASURED (NUTT) Attorney William Stewart came before the Board representing Gordon Nutt, owner and developer of the Turtle Back Beach Resort. He stated that since their last appearance before the Commission, Mr.. Nutt and architects have been working diligently on getting the project moving along towards completion at the earliest possible time although they have had to deal with a number of unanticipated issues which have delayed them, such as coastal construction setback, and they are now stymied with a problem as to how to measure the height of the buildings on this project. 74 M W r Attorney Stewart clarified that when this project was approved, the rule was that the height was measured from the finished grade of the project. In their approved site plan, this placed the hotel building on a 17' natural elevation line; the project was developed around that premise; and they are asking the Commission to determine the buildings will continue to be measured from that elevation. Attorney Stewart believed that is appropriate not only because of vesting, but because it will make a better project for development and for the community. Attorney Stewart explained that the new ordinance goes about this a little differently - it takes the average natural grade of the whole piece of property and then you measure the elevation of the building from that. As to why this makes any difference, Attorney Stewart advised that after they went through the amended site plan process some time ago and brought the property into conformity with the current zoning ordinance, they took another look at the configuration of their proposed building and determined they could produce a better project for all concerned if the shape of the building were changed and the bulk of the building was brought further back from the coastal construction setback line. The building as a result becomes more attractive, more functional, and also achieves the desired objective of being further removed from the beachfront. He then presented a chart showing what was proposed and what the changed configuration would result in. Attorney Stewart contended that if the new ordinance was applied, it would make the project unworkable, impair the view even more, and reduce even further the room count, which as now proposed has about 40 less rooms than currently approved. Even more important, Attorney Stewart noted that when you have a sloping piece of property and you take the elevation in the middle, in order to get your building level as you move to the ocean, you would have to excavate, and they are asking that the 17' elevation remain constant for the reason that it is a vested right of the project. 75 MAY 2 1191036 BOOK 64 F,,GE 5 l Fr - MAY 21 1986 BOOK 64 F,�,cc 533 Vice Chairman Lyons asked what the base level would be under the provisions of the new ordinance, and Attorney Stewart stated it would be about 141, and this makes a difference in what rooms can see the ocean. - Director Keating presented some graphics. He noted that the way building height was measured before, some people were cheating by filling the land higher; also, they sometimes put a building in and bermed up in front of it and could get four stories. Basically, the elevation in most districts is 351, and Director Keating felt the decision if whether we want to go over 351. He continued that there are two ways to measure - by taking the average natural grade of the site, and you can interpret that to the natural grade of the building pad itself if that is to the builder's advantage, or you can use the minimum flood elevation of the property as your reference point. Director Keating felt the definition we have now is a good one. He believed one of the major items Attorney Stewart brought up was vesting. He pointed out that Mr. Nutt does have a valid site plan, and he can go out and construct that. What he is talking about, however, is coming in with a revised site plan, and then you have to play by the new rules. Director'Keatih'g did not concur he would be vested then. Commissioner Wodtke asked if it is not worthwhile if we can get the structure further back off the dune line. Attorney Stewart stated they have no intention of raising the elevation artificially, and he did believe they are vested with respect to the hotel and the investment in it. He also did feel it is worthwhile to encourage people to move back from the dune line. Vice Chairman Lyons did not know about the vesting issue, but agreed that he would hate to see anyone penalized because they move back from the dune line. Environmental Planner Challacombe noted that most people build to the edge of the setback line and then they trim the sea grape, etc., for the view. 76 Vice Chairman Lyons felt possibly it would be better to go higher. Discussion continued re the location of the building, and Attorney Stewart noted that the bulk of the building was moved 100' back, the two prongs or ells can be adjusted. The Vice Chairman noted that he hates to make a special exception, but it seems we would be better off in the county if we acted as though the building were going to be built right on the setback line re the elevation and then move back because the further back and the lower we put them, the more pressure there is to cut the vegetation. Attorney Stewart emphasized they want to proceed and hoped the Board would accept the 17' in that it is a natural contour. The Vice Chairman asked the County Attorney how we can do this legally and without setting a precedent. Attorney Vitunac asked if there are any others with approved site plans in the same situation who might want to do this same thing, and Director Keating named Sea Oaks for one. Attorney Stewart felt the question is how many were approved prior to May 8, 1985. Commissioner Wodtke believed if it effectively moves structures back off the dunes, it might be wise to look at these on a case by case basis. Attorney Vitunac noted actually what is i.nvolved is a contract giving 3' of height in return for moving a building away and having a better design of a building. It is hard to say precisely how to do it legally, but he felt the Board should have the power to make a contract adjustment. It would be a precedent for anyone in the same situation. Vice Chairman Lyons wished to determine if the majority of the Commission is in favor of an arrangement that would allow the existing level because we get the advantage of moving the buildings back, and Commissioners Bird and Wodtke indicated their agreement. 77 MAY 2 11986 eooK 6J F �c 5"'3& MAY 21 1966 BOOK ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, Chairman Scurlock being absent and Commissioner Bowman voting in oppo- sition, the Board by a 3 to 1 vote directed the County Attorney to work out an arrangement whereby we can legally work out the measurement of the elevation as requested by Cordon Nutt. Commissioner Bowman did not agree we should move buildings back just because people illegally cut vegetation. She felt what we need to do is enforce the vegetation law. NORTH COUNTY FIRE DISTRICT The Board of County Commissioners recessed at 12:20 o'clock P.M. in order to reconvene as the District Board of Fire Commissioners of the North Indian River County Fire District. Those Minutes are being prepared separately. The Board of County Commissioners reconvened at 12:25 o'clock R.M. with the all members present, except Chairman Scurlock who was out of state and Commissioner Bird who was temporarily out of the room. HUMANA HOSPITAL WATER FRANCHISE Franchise Administrator Lisa Abernethy made the following presentation: ` 78 TO: BOARD OF COUNTY COMMISSIONERS THRU: MICIiAEL WRIGHT COUNTY ADMINISTRATOR VIA: TERRANCE G. PINT& DIRECTOR, UTILIT RVICES DATE: MAY 12, 1986 FROM: LISA M. ABERNETHY, FRANCHISENISTRATOR DIVISION OF UTILITY SERVICES SUBJECT: HUMANA HOSPITAL WATER FRANCHISE BACKGROUND On March 26, 1986, the Utility staff asked the Board of County Commis- sioners to consider granting a water franchise to Humana Hospital which will provide service to the AMDECO project. At that time, the Board of County Commissioners delayed granting the water franchise for 90 days or until the Roseland/Sebastian study by Masteller and Moler, Inc., was completed. Utility staff has contacted Masteller and Moler and they have advised that water service will not be available in that area for a period of time. Humana Hospital administrator has contacted the Utility Department and advised that construction is nearing completion- and they would be applying for Certificate of Occupancy on or before June 1, 1986. However, before a Certificate of Occupancy can be issued a franchise must be established and all required fees paid. RECOMMENDATION Utility staff 'recommends that the Board of County Commissioners grant the water franchise to Humana Hospital on the condition that all fees and required documents be submitted and paid to the Utility Department within two (2) weeks of this -date. If all requirements are not met within that time frame the franchise will be declared null and void by the Utility Department. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, Chairman Scurlock being out of state and Commissioner Bird being tempo - rarity out of the room, the Board by a 3 to 0 vote adopted Resolution 86-32, Humana, Inc., dba Humana Hospital Sebastian Water System Franchise. 79 MAY 2 11986 BOOK FF+,r 5P 6 MAY 2 1 19s, 3 I 800F P,,, i 5,3 7 RESOLUTION NO. 8 6 - 3.2 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida; SECTION I This Resolution shall be known and may be cited as the HUMANA, INC. dba CENTER, VRTER SYSTEM FRANCHISE. SECTION II DEFINITIONS For the purpose of this Resolution, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words using the present tense include the future, words Ln Aural number include the singular and vice versa. The word "shall" is always mandatory. (a) "County" is Indian River County Utility Services Department, a Political subdivision of the State of Florida. (b) "County Engineer" may be "County Administrator or County Utilities Director". (c) "Utility" is the Grantee of rights under this franchise, to wit: HUNS,, INC., dba SEBASTIAN RIVER MEDICAL CENTER. (d) "Board" is the Board of County Catmissioners. (e) "Person" is any person, firm, partnership, association, corporation, canpany or organization of any kind. (f) "Territory" means the area located in Indian River County, Florida outside the corporate limits of any municipality as the same is more particularly defined and described herein. RESOLUTION 86-32 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD IN ITS ENTIRETY. 80 a � � Commissioner Bird returned to the meeting at 12:28 P.M. COLLECTION HOURS - SANITATION FRANCHISE HAULERS The Board reviewed memo From Franchise Administrator Abernethy: TO: BOARD OF COUNTY COMMISSIONERS DATE: MAY 12, 1986 THRU: MICHAEL WRIGHT COUNTY ADMINISTRATOR VIA: TERRANCE G. PINTO DIRECTOR, UTILIT S RVICES FROM: LISA M. ABERNETHY, FRANCHISE MINISTRATOR DIVISION OF UTILITY SERVICE SUBJECT: ADOPTION OF REGULATION THE COLLECTION HOURS OF THE FRANCHISE HAULERS, HARRIS SANITATION AND RURAL SANITATION BACKGROUND Resolution 82-50 for Harris Sanitation and Resolution 82-51 for Rural Sanitation passed and adopted May 19, 1982, respectively, states that ..."the County reserves the right to adopt additional regulations as it shall find necessary in the exercise of the policy power and lawful authority...". After many letters and telephone calls from the haulers customers, the. Utility staff finds it necessary to adopt specific collection -time schedules. RECOMMENDATION Utility staff recommends that the Board of County Commissioners approve the adoption to the Resolution 82-50 and 82-51 that the Franchise Haulers be restricted for daily collection between the hours of 9:30PM and 5:30 AM. Utility staff further requests that this adoption be effective immediately. Vice Chairman Lyons reported for the record that he had received a telephone call from Mrs. Carol Coffin of Country Club Point, who feels they should not collect until after 6:30 A.M., and he also received a call from Mr. Heidt of Country Club Point, who does not want the garbage collected before 7:00 A.M. Commissioner Bowman felt 5:30 A.M. as recommended -by staff is too early, and that the hours should be 6:00 A.M. to 10:00 P.M. Terry Long, 3001 Golf View Drive, believed this is a very simple issue for those in the neighborhood of Country Club Point. It is simply too early in the morning for these very loud and large trucks to come into the neighborhood. He would recommend 81 MAY 21 1986 Bou 6 4 Frau 538 MAY 21 1936 nrix 6J, , 539 perhaps 6:30 and past might be more reasonable. He advised that he has made complaints to the sanitation companies with no lasting results. Fred Mensing of Roseland noted that he was at one time in the trash hauling business, and he did feel some consideration has to be given in the summer months to the work these men have to do in the extreme heat of the day. He felt if the sanitation companies can come up with trucks with lower sound release, they could work more hours as most of the problem is with the noisy equipment. Commissioner Bird noted that most of the problem seems to be in Country Club Point, and possibly the hours of collection there can be adjusted. Administrator Wright felt there were complaints from other neighborhoods as well. Utilities Director Pinto stated he tried to work with the sanitation companies in this regard on a voluntary basis, but the problem seems to keep reoccurring. He did feel 5:30 A.M. is reasonable because he agreed we must give some consideration to the hot weather. He believed 6:30 A.M. for the first rolling of the trucks would be too Fate. Vice Chairman Lyons was of the opinion that 6:30 to 7:00 A.M. is more in keeping with community needs, but he did realize the sanitation companies need a certain number of work hours in a day. He suggested we try 6:30 A.M. and see how it works. Commissioner Wodtke asked if the sanitation companies could adjust and do their commercial work during the earlier hours and the residential areas later. Director Pinto noted that actually even the equipment for commercial and residential is different. Robert Pryor, owner of Rural Sanitation, stated that if they couldn't start until 6:30 A.M., there would be days when they couldn't even complete their rounds, and it would impose a great hardship on them. He stressed that they try to be discreet about 82 where they run the trucks early, but they do have some breakdowns. Director Pinto would not suggest they start earlier than 5:30 A.M., and noted it is possible the companies may have to get an additional truck or more people. Mr. Long believed that in Melbourne no trucks are allowed out on the streets until 6:00 A.M., and he felt if the sanitation company has to come into Country Club Point early, for example, possibly they could work out some type of rotation schedule where would they go into other areas at the early hours also. Administrator Wright noted that brings up the problem of people knowing when to put their garbage out. Mr. Pryor pointed out that his company picks up for 5,000 customers, and they have had very few complaints. He stated that he could live with the 5:30 A.M. hour. Commissioner Bird suggested a Motion not to allow pickup in residential areas before 5:30 A.M., and Commissioner Wodtke stated that he would second such a Motion if the hour was adjusted to 6:00 A.M. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) adopted Resolutions 86-30 and 86-31 amending Resolutions 82-50 and 82-51 for Harris Sanitation and Rural Sanitation Service respectively by restricting the daily hours for collection in residential areas between the hours of 6:00 A.M. and 9:30 P.M., to be effective June 1st. 83 MAY 2 11986 soon 64 540 FF'_ MAY 21 1986 BOOK 64 F,gF 541 RESOLUTION NO. 86-30 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 82-50 TO INCLUDE REGULATING THE HOURS OF COLLECTION : OF GARBAGE OR TRASH BY ITS FRANCHISEE, HARRIS SANITATION, INC. WHEREAS, the Board of County Commissioners of Indian River County, Florida, finds and determines that it would be in the best interest of the citizens of Indian River County, Florida, to have the hours of daily collection of garbage or trash by its franchisee, Harris Sanitation, Inc., restricted; NOW, THEREFORE, BE IT RESOLVED by Indian River County, through its Board of County Commissioners, that effective May 21, 1986, it shall be a regulation of the franchise that no residential garbage or trash pick-up will be permitted daily before 6 A.M. or after 9:30 P.M. by the franchisee, Harris Sanitation, Inc.; The foregoing resolution was offered by Commissioner Bird and seconded by Commissioner Wodtke and, being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Absent Vice Chairman Patrick B. Lyons Aye Commissioner Richard N. Bird Aye Commissioner. William C. Wodtke, Jr. Aye Commissioner Margaret C. Bowman Aye The Chairman thereupon declared the resolution duly passed and adopted this 21st day of May, 1986. Att.est : INDIAN RIVER COUNTY, FLORIDA by its BOARD OF COUNTY COMMISSIONERS Approved as to form and legal sufficiency: Charles P. Vitunac County Attorney C_ - Don Don C. Scurlock, J Chairman Approved for U�iIit matters: Td ance in Director Div. of Util. Services 84 RESOLUTION NO. 86-31 A RESOLUTION- OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 82-51 TO INCLUDE REGULATING THE HOURS OF COLLECTION OF GARBAGE OR TRASH BY ITS FRANCHISEE, RURAL SANITATION SERVICE, INC. WHEREAS, the Board of County Commissioners of Indian River County, Florida, finds and determines that it would be in the best interest of the ,citizens of Indian • River County, Florida, to have the hours of daily collection of garbage or trash by its franchisee, Rural Sanitation Service, Inc., restricted; NOW, THEREFORE, BE IT RESOLVED by Indian River County, through its Board of County Commissioners, that effective May 21, 1986, it shall be a regulation of the franchise that no residential garbage or trash pick-up will be permitted daily before 6 A.M. or after 9:30 P.M. by the franchisee, Rural Sanitation Service, Inc.; The foregoing resolution was offered by Commissioner Bird and seconded by Commissioner Wodtke and, being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Absent Vice Chairman Patrick B. Lyons Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Margaret C. Bowman Aye The Chairman thereupon declared the resolution duly passed and adopted this 21st day of May, 1986. INDIAN RIVER COUNTY, FLORIDA by its BOARD OF COUNTY COMMISSIONERS Approved as to form and legal sufficiency: Charles P. Vitunac County Attorney L. 85 Don C. Scu"rlock, Jr. Chairman 6/ Approved for Util.i y matters: Te ante Pinto, Director Div. of Utility Services MAY 21 1986 BOOK D4 P,,',' E' 542 rr,- I MAY 21 1966 BOOK �� Fr.,E543 DISCUSS HIRING OF LOBBYIST Commissioner Bowman brought up the advisability of hiring a lobbyist to speak in Tallahassee on issues of concern to the Tri County Council of Local Governments, and Board members asked if discussion -on this could wait until we have more information on how it would work and who would pay for it, etc. Commissioner Bird agreed this information is needed and did not believe there was really very much enthusiasm for this. Commissioner Bird suggested we hold off on this matter and then when some particular issue arises, we could consider hiring a lobbyist who specializes in that particular area. Commissioner Bowman agreed with that concept. DISCUSS OVERPOPULATION AT JAIL Commissioner Lyons noted that the number of jail inmates has risen astronomically lately, and he is working with staff and with the Judges to see if we can't get the pressure off the Jail somehow. He would like to reconvene the Fast Track Committee. DISCUSS TRAIN WHISTLES Commissioner Wodtke'advised that he has had some letters come in asking for further discussion on limiting train whistles. He has done some research on how they handle this in surrounding counties and would like to ask permission to utilize the Attorney's office to look at some concerns re liabilities. It was agreed to schedule this for the meeting of June 4th. DOCUMENTS TO BE MADE A PART OF THE RECORD Interim Assistance Agreement with the Secretary of Health, Education and Welfare, having been fully executed and received, as approved at the Regular Meeting of July 24, 1985, has been put on file in the Office of Clerk to the Board. Contract with R & R Security, Inc., for prisoner transport, having been fully executed and received, as approved at the 86 Regular Meeting of March 26, 1986, has been put on file in the Office of Clerk to the Board. There being no further business, on Motion duly made, seconded and carried, the Board unanimously adjourned at 12:45 o'clock P.M. ATTEST: Clerk Chairman f1 87 MAY 211986 Bou64 FrgUc 544