HomeMy WebLinkAbout7/23/1986Wednesday, July 23, 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,
July 23, 1986, at 9:00 o;clock A.M. Present were Don C.
Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman;
Margaret C. Bowman; Richard N. Bird; and William C. Wodtke, Jr.
Also present were L. S. "Tommy" Thomas, Acting County
Administrator; Charles P. Vitunac, Attorney to the Board of
County Commissioners; and Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting -to order, and Attorney
Vitunac led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Scurlock requested the addition to today's Agenda
of a Proclamation honoring Carolyn Eggert for her years of
service on the Planning & Zoning Commission, and as Item I on
today's Consent Agenda, the addition of a DER/Army Corps/DNR
Permit application from Lloyd & Associates, Inc.
Commissioner Lyons requested the addition to the Consent
Agenda as Item 5.1 the authorization for the County Attorney to
prepare an ordinance providing for the funding.of a school
crossing guard at all public schools in the county to come from
the proceeds of fines received from persons convicted of civil
traffic infractions.
Commissioner Lyons also requested the addition of -.a
discussion of how to mitigate the impact by the proposed Spanish
Lakes Fairways Development to be built in St. Lucie County
adjoining the southern boundary of this county.
I
800K� FAUE.;'
JUL 2 3 1986
'JUL 23 1996 A_
BOOK P" u� ,n
Commissioner Bird requested the addition of a discussion re
the recent shooting at Gifford Park last Sunday.
Administrator Thomas requested the addition of a discussion
re the recent burglary of the County Purchasing Dept.
Attorney Vitunac requested the addition of the employment
contract for an additional attorney in the the Public Defender's
Office.
4
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously added
the above items to today's Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of 6/25/86.
There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously approved
the Minutes of the Regular Meeting of 6/25/86, as
!,
written.
CONSENT AGENDA
Commissioner Bird requested that Items B, F and G be removed
from the Consent Agenda for discussion.
A. Approval of Out -of -County Travel
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously approved
out -of -county travel for Commissioners and staff to
attend the Annual Meeting of the Florida Shore 8 Beach -
Preservation Association being held on Captiva Island,,
Florida, September 24-26, 1986.
2
B_Surplus _Property - 1981 Ford Bronco
The Board reviewed the following memo dated 7/9/86:
TO: Board of County Commissioners DATE: July 9, 1986 FILE:
THRU: Joseph A. Baird SUBJECT: Surplus Property - 1981 Ford Bronco
Director, Budget E Man gement
Office
FROM:
REFERENCES:
Carolyn Wodrich, Manager
Purchasi�6 Department
1. Alternatives and Analysis
At the June 4 meeting, the Board declared as surplus property,
a 1981 Ford Bronco. This vehicle was advertised for sale.
ay
3 Bids were received. The high bid was received from Glenn
Stephens, Vero Beach, in the amount of $625.00.
2. Recommendation
It is recommended that the 1981 Ford Bronco be sold to the highest
bidder, Glenn Stephens, in the amount of $625.00
Commissioner Bird felt that the high bid received for the
i•
Bronco was unusually low, and after doing some checking, found
that the vehicle was involved in an accident. However, even by
adding the $2204 received from the insurance, he felt we are
still coming up short and suggested we expand our bidding process
and try to get a better bid.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously authorized
staff to expand the bidding process and rebid this
item.
3
' BOOK �; rAGt�►
r7j U 2 3 1986
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
BID TABULATION
BID NO.I DATE OF OPENING
July 8, 1986
BID TITLE Sale of Surplus Property ..
1981 Ford Bronco
ITEM
NO. DESCRIPTION
UNIT PRICE UNIT PRICE UNIT PRICE UNIT
505 00 625 1001 110 00
C. Adoption_ of Resolution_ and Approval of Community Services
Trust Fund Grant_ Application- IRC Council on Aging,.lnc.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously adopted
Resolution 86-42, authorizing and directing the
Chairman of the Board of County Commissioners of
Indian River County to sign an agreement with the State
of Florida Dept. of Community Affairs under the Florida
Financial Assistance for Community Services Act re
funds for the Council on Aging.
APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK T01
O THE BOARD
4
BOOP( 65 PnE 13
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UNIT PRICE UNIT PRICE UNIT PRICE UNIT
505 00 625 1001 110 00
C. Adoption_ of Resolution_ and Approval of Community Services
Trust Fund Grant_ Application- IRC Council on Aging,.lnc.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously adopted
Resolution 86-42, authorizing and directing the
Chairman of the Board of County Commissioners of
Indian River County to sign an agreement with the State
of Florida Dept. of Community Affairs under the Florida
Financial Assistance for Community Services Act re
funds for the Council on Aging.
APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK T01
O THE BOARD
4
RESOLUTION NO. 86 -42
A RESOLUTION AUTHORIZING AND DIRECTING THE CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY,
FLORIDA, TO SIGN AN AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA
FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES ACT.
IT IS HEREBY RESOLVED BY THE COUNTY OF INDIAN RIVER,
FLORIDA* AS FOLLOWS:
Section I That the Chairman is hereby authorized and
directed to sign in the name and on behalf of the Board of County
Commissioners an Agreement between the Florida Department of.
Community Affairs and- Indian River County, under the Florida
Financial Assistance for Community Services Act, as per copy
attached hereto and made part hereof.
•Section II That all funds necessary to meet the
contract o igati.ons of the County and its delegate agencies (if
applicable) with9 the Department have been appropriated, and said
funds are unexpended and unencumbered and are available for
payment as prescribed in the contract. The County shall be
responsible for the funds for the local share notwithstanding the
fact that all or part of the local share is to be met or
contributed by other sources, i.e.; contributions, other
agencies or organization funds.
PASSED AND ADOPTED THE 23rd DAY OF JULY 1986.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY i
Don C. Scurlock, Jr
Chairman
ATTEST: --)Jr-- 1A. A. -J
Freda Wright, erk
Approved as to form and legal
sufficiency
1.
By 0,4
Charles P. Vitunac
County Attorney
5 BOOK 65 PnE 135
AUL' UL 23 198fi
L-
JUL 2 3 1966
D. Approval of Library Agreement
BOOK 6 5 P��cE 136 -
The Board reviewed the following memo dated 7/10/86:
v,h
QOp qk tp
FLORIDA DEPARTMENT OFSTATE
George Firestone
Secretary of State
STATE LIBRARY OF FLORIDA
R. A. Gray Building, Tallahassee, Florida 32301-8021
(904) 487-2651 0 SAN: 303.2051
LIBRARY SERVICES & CONSTRUCTION ACT
MEMORANDUM
TO: Mary D. Kiser, Director, Indian River County Library
FROM: Loretta L. Flowers, Federal Programs Coordinator 0
DATE: July 10, 1986
S
SUBJECT: Contract Requiring Signatures
Project: Improving Library Service through Technology
Contract #: DLS-85-I-2-F-4 Amendment 1
Enclosed are two copies of the above listed agreement. Original signatures by an
authorized official are needed on Bach copy. Please do not insert the date at the
beginning of the agreement. This will be done by the State Librarian. Return both
copses of the agreement to the Federal Programs Office, Division of Library Services.
The agreement becomes effective at the time it is signed and dated by the State
Librarian. One copy of the agreement, with original signatures, will be returned to you.
In future correspondence with our office regarding this agreement, please include
the contract identification number. Feel free to contact me if you have any questions.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously approved
Amendment Number 1 to the Agreement Between the State
of Florida Division of Library Services and Indian
River County, and authorized the Chairman's signature.
CONTRACT DLS-85-1-2-F-4 IS ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD
6
E. DISPOSAL OF SURPLUS VOTING EQUIPMENT
The Board reviewed the following memo dated 7/16/86:
July 16, 1986
ANN ROBINSON
SUPERVISOR OF ELECTIONS
1840 25TH STREET, SUITE N-109
VERO BEACH, FLORIDA 32960-3394
TELEPHONES: (305) 567-8187 or 567-8000
Hon. Don C. Scurlock, Jr., Chairman
Board of County Commissioners
Re: BCC agenda item for July 23, 1986
Washington County has agreed to buy five of the used Shoup 2.5
voting machines for $100 each.
I request that you authorize that the $500 be put into the
Elections account for Other Operating Supplies, 001-700-519-035.29,
for the purchase of additional parts for the voting equipment.
There are eight machines remaining, and Okaloosa County Supervisor
of Elections is interested in buying them if she can arrange for
transportation.
Thank you.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously authorized
the deposit of $500 received from the sale of five (5)
used Shoup 2.5 voting machines into. Elections
Account 001-,700-519-035.29, as requested by the
Supervisor of Elections.
F. TRANSFER_ OF VEHICLES FROM _BCC _TO SHERIFF'S_ DEPT_
The Board reviewed the following memo dated 7/16/86:
7
11 1 I ) •.'`..
BOOK 65 FmGE1e37
r JUL 23 1986
BOOK P-5 Fm :3
TO: Board of County Commissioners DATE: July 16, 1986 FILE:
THRU: Joseph` A.Baird
Director, Budget Office
SUBJECT: Transfer of Vehicles from
BCC to Sheriff's Dept.I
FROM:C e -! z�
-�- ��.G� REFERENCES:
Caroly,, Goodrich
Purchasing Department Manager
Due to the transfer of the jail assets back to the Sheriffs
Department, the vehicle titles of the vehicles used by the
jail must also be transferred to the Sheriff's Department.
4
Request authorization for Board Chairman to sign title
transfer.
Commissioner Bird asked which vehicles are involved, and
Purchasing Manager Carolyn Goodrich listed the following:
(1 ) 1983 Ford Van
(1) 1982 Mercury 4 -dr: automobile
(1) 1980 Mercury 4 -dr. automobile
(1) 1972 GMC Pickup Truck
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously approved
the transfer of vehicles used by the Jail back to the
Sheriff's Dept. and authorized the Chairman's
signature, as recommended by Purchasing Manager
Goodrich.
G. HOBART TOWER LEASE_ AGREEMENT - CROOM CONSTRUCTION -
The Board reviewed the following memo dated 7/15/86:
8
TO: The Honorable Members of DATE: July 15, 1986 FILE:
the Board of County
Commissioners
THRU: Tommy Thomas SUBJECT: Hobart Tower Lease Agreement.
Acting County Administrator Croom Construction
H. T. "Sonncan
FROM: Director REFERENCES:
General Servi es
Croom Construction Company of Vero Beach, Florida has requested space
on the Hobart Tower at the 190' level. The space is available, and
according to our lease schedule the annual rental rate will be
$1500.00 or $125.00 monthly.
It is recommended by staff to enter into this agreement as approved
by our legal staff.
Commissioner Bird asked if Finance would prefer to bill
these accounts on an annual basis, and OMB Director Joe Baird
explained that monthly billings aren-'t really much of a problem.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously approved the
Tower Space Lease Agreement with Croom Construction,
and authorized the Chairman's signature.
LEASE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE
r
H. GRANT APPLICATION TO EDA _FOR _A COMMERCIAL AND INDUSTRIAL
DEVELOPMENT GUIDE
The Board reviewed the following memo dated 7/14/86:
9
JUL 2 3 1986 BOOK 65 PnUE 139
10
r
BOOK 65FA,17 40
TO: The Honorable Members DATE: July 14, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
/�LAA
SUBJECT:
Robert M. Keati"g, AI�P
Planning & Deve opm"t Director
THROUGH: Richard Shearer, AICP
Chief, Long -Range Planning
Y -
FRONteffrey A. Goulet JrATG1 REFERENCES:
Staff Planner, Long -.Range Planning
GRANT APPLICATION
TO EDA FOR THE CQMMER-
CIAL AND INDUSTRIAL DEV
ELOPMENT GUIDE
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 23, 1986.
DESCRIPTION & CONDITIONS
On March 26, 1986, the Board of County Commissioners authorized
the Economic Development Council to apply for technical
assistance funds from the Economic Development Administration
(EDA) to aid in the development of a Commercial and Industrial
Guide for Indian River County.
On May 28,1986, the Board of County
-Commissioners authorized the
Economic Development Council to transmit the final grant
application, requesting $25,000 in federal technical assistance
funds, to the Regional office of EDA in Atlanta. EDA is
presently in the process of reviewing the County's grant
application. On July 7, 1986, a staff member from EDA's Atlanta
office contacted the Planning Department and suggested that the
application be amended to designate the Planning and Development
Division as the applicant rather than the Board of County
Commissioners. The reason given for this change bis due to the
fact that the Planning and Development Division will be working
directly with EDA and is responsible for the work on the proposed
project.
RECOMMENDATION
Based on the above conditions, staff recommends that the Planning
and Development Division be designated as the applicant for the
technical assistance funds from the Economic Development
Administration for the Commercial and Industrial Development
Guide.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously adopted
Resolution 86 -43 -declaring the County Planning and
Development Division as the applicant for the technical
assistance funds from the Economic Development
Administration for the Commercial and Industrial
Development Guide.
10
RESOLUTION NO. 86- 43
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA DECLARING THE
PLANNING AND DEVELOPMENT DIVISION AS THE OFFICIAL APPLICANT
FOR THE APPLICATION FOR TECHNICAL ASSISTANCE FUNDS FROM THE
ECONOMIC DEVELOPMENT ADMINISTRATION TO AID IN THE PREPARATION
OF "THE INDIAN RIVER COUNTY COMMERCIAL AND INDUSTRIAL GUIDE".
WHEREAS, the Board of County Commissioners authorized the
Economic Development Council to submit a final grant application
to the Economic Development Administration for technical
A
assistance funds; and
WHEREAS, the Planning and Development Division will be
responsible for the majority of the work as proposed in the
project description; and
WHEREAS, The Economic Development Administration has
suggested that the County designate the Planning and Development
Division as the official applicant for the grant application for
said technical assistance funds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, -FLORIDA that:
1. The foregoing recitals are adopted and ratified in their
entirety.
2. The Planning and Development Division is hereby
designated the official applicant of the Economic
Development Administration Technical Assistance
Application Number EDC -5-86 submitted on May 28, 1986.
H
The foregoing resolution was offered by Commissioner Bird
who moved its adoption. The motion was seconded
by Commissioner Lyons and, upon being put to a vote, the
vote was as follows:
Chairman Don C. Scurlock, Jr., _ Aye
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 Resolution No. 86-43 ,
adopted and duly passed this23rd day of July, 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By: �o+• C 4�Z
Don C. Scurlock, Jr., Chairman
ATTEST:��L
Freda Wright, Jerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
01' Bruce Barkett, Assistant County Attorney
1��i 6
1�
BOOK 65 FAq�E 1I
CQ
NMI
CVD
1.1111 N.. 11l. II I.J II I.I I• , ....
�•.u"r "TMEtrT OF commEneE
1
IREV. 0•8U . ECONOMIC OEv1cLOPMENT
•OMINISTRATIOrr
:
CURRENT AND PROJECTED
EMPLOYEE AND PIAY ROLL DATA
`
t- Name and address of organization
2. This report Is:
fRI Initial. No Annual
Follow-up required.
only items
1-10.
1 -10. (RPT = 1)
[jlnilial.Annual Follow -
up is required. Complete
all items. (RPT = 2)
Annual Follow-up. Com.
plele only ilems 1-9.
(RPT = 3)
EDA USE ONLY
rgantza Ian nan>e ObA�7)
Indian River County Planning&
1j3
No. an sir et (0 1 S;
1840 25th Street
Project No. 1PRJ):
"Other Party" suffix (OPS); OP -
3. Organization is:
[_)EDA Applicant atRecipient (PTY=1)
EDA "Other Party" (PTY = 2); If "Other Party,"
enter name of EDA Applicant or Recipient:
City (OMM-3)
Vero Beach,
Stale (Oh4d-4)L,j
ZIP Code (OMM 5)
Florida 32960
11 First Impact Date:
(FID)
13. Fully Operational Date: (FO
I9.
job
Categories
u
in
OTficlals and F
Manageis
a
v
ao
w
MF
4. Current Permanent Employees New Permanent Jobs
A e e FDTotal (NB�aot� r American F c H tTargetedKM
Employ -Hispanic HispaniIndian or Annual Total Total by -
ees Ori in r Alaskan Pay Employees Minorities Employment
10. Permanent
Jobs
To be Saved
Tota( Total
Employees Minorities
12. Permanent Employ-
ees one atter
Fist ImpactYea
Total Total
Employees Minorities
14. Permanent Employees
when Fully Operational
N o P
Total Total Annual
Employees Minorities Pay
M
F
Professionals M
Mh1
PF
4 24
1
18,959 14
PM
. 5
Technicians F
TF
1 0�
M
TM
1 13 699 2
Sales Workers F
SF
M
SM
Office and F
Clerical
OF
5 1 57
M
OM
Craftsperson F
(skilled)
C F
M
C11
Operatives F
XF
(semi -skilled) M
XM
Laborers I F ILF
(unskilled) M
LM
1 Service Work F
IF
and others M
YIM
TOTAL F
A_F
MAM
O
GRAND TOTAL
S r.1-2 In
w
1
. ,.r_e1 nln.. - e
—
• — - -- - - - -- total roll
•-- r IVi-au 1cuq/uraty ano part-time employees when fully operational 16. Projected annual
pay
(TMT) (Thud) (TMF) (TM>i)S (PTT) (PTM) (PTF) (PTS)S total payroll fully opt
Total Minorities Females Annual Payroll (OAP) $ Total Minorities Females Annual Payroll I(FOS) $
1. This form prepared by: 11. Name of Labor Market Area: Black (Not Asian Americar
Jeff Goulet, Staff Planner—f)—a6ct0 ) 567-8000 Female of Hispanic) Hispanic or Pacillc Indian or
T e name and Position ele Telephone NQ. Origin)Islander Alaskan
Native
S. Authorized organization official: Labor Force of Area I Total: oN q
Unemployment of Area Overall Rate: % % ab %
Robert hs Kgat ' D' ate and sources of labor market data:
Type Name %nd Title iQnalure /
'her monies or other benefits may be authorized under this program tint ss this eporl is completed and filed as required by existing low and regulations. (42 U.S.C. 2000d-1, 42 U.S.C. 3123,
^0. F n im6. 15 C.F.R. part 8, 28 C.F.R. part 42. 13 C.F.R. part 311.)
1
1
1
I. DER/ARMY CORPS/DNR PERMIT APPLICATIONS - LLOYD &
ASSOCIATES, INC.
The Board reviewed the following memo dated 7/17/86:
TO: The Honorable Members DATE: July 17, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: D.E.R./ARMY CORPS
& D.N.R. PERMIT
SUBJECT: APPLICATIONS
.�..
Robert M. Keatitg,I P
Planning & Deve opm` t Director
FROM: Art Challacombe REFERENCES: Lloyd Assoc.
Chief, Environmental Planning DIS:ARTCHA
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 23, 1986.
D.E.R. DREDGE & FILL PERMIT APPLICATION
FILE NUMBER 31-122092-4
APPLICANT: Lloyd & Associates, Inc.
1835 20th Street
Vero Beach, FL 32960
WATERWAY & LOCATION: The project is located on the Indian
River, Riomar Bay Unit II Subdivision, Lot 22, in the City of
Vero Beach.
WORK & PURPOSE: The applicant proposes to construct a 240
square foot dock on Lot 22. The dock will be utilized as a
single boat residential docking facility.
ALTERNATIVES & ANALYSIS:
The Planning and Development Division reviews and submits
comments on. dredge and fill applications to the permitting
agencies based upon the following:
The Conservation & Coastal Zone Management Element of
Indian River Comprehensive Plan; $
Coastal Zone Management, Interim Goals, Ob'ectives &
Policies for the Treasure Coast Reqion; and
The Hutchinson Island Resource Planning & Management Plan.
The Code of Laws and Ordinances of Indian River Count
Chapter 16Q-20 F.A.C.
J U L 2 3 1986
12
BOOK 65 Fact X43
JUL 23 1986 Boa 65 U,,GE 144. '
RECOMMENDATION:_
Staff recommends that the Board of County Commissioners autho-
rize staff to transmit a letter to the D.E.R. with the follow-
ing comments.
1) The Department of Environmental Regulation and other
appropriate agencies should consider the potential cumula-
tive impacts of the dockage projects upon the Florida
Manatee;
2) The Department of Environmental Regulation and other
appropriate agencies should evaluate the potential impact
of the aproject on ecologically significant submerged
bottomlands such as seagrass beds in the Indian River.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously authorized
staff to transmit the comments set out in the above
memo to the DER.
J. AUTHORIZATION FOR PREPARATION OF AN ORDINANCE FOR SCHOOL
CROSSING GUARDS AT ALL PUBLIC SCHOOLS
ON MOTION by Commissioner Bird, SECONDED BY
Commissioner Lyons, the Board unanimously authorized
the County Attorney to prepare an ordinance providing
for a school crossing guard at all public schools in
the county with the funding to come from the proceeds
of fines received from persons convicted of civil
traffic infractions.
PROCLAMATION HONORING CAROLYN EGGERT
Chairman Scurlock read aloud the following proclamation and
presented it to Carolyn Eggert, who thanked the Board for the
honor and felt that after seeing several Planning Departments
come and go, the County could be very proud of the present
department.
13
WHEREAS, Carolyn Eggert felt that it was her duty
and in the public Interest to resign from her current
position on the Planning and Zoning Commission upon
qualification for elective office;
NOW, THEREFORE, BE 1T PROCLAIMED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that
the Board of County Commissioners expressed gratitude to
Carolyn Eggert for her record of community service and
wishes her a long and successful future.
Dated this 23rd day of July, 1986.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
-,;)C_-
. on cur oc Chairman
ATTEST: ATTEST:
re a W -
re t, r
14
BOOK 65 m-bi 145
PROCLAMATION
•
WHEREAS, Carolyn Eggert
River County Planning and Zoning
has served on the Indian
Commission since June
•
1980 and has shown leadership
Chairman
4,
qualities by serving as
of that Board from December 4, 1980 to July 18,
1986; and
'
WHEREAS, Carolyn Eggert
has expressed dedication
and care for her community in many
time, energy
areas by volunteering her
and expertise to various
and
community endeavors;
WHEREAS, on July 15,
qualified for candidacy for public
1986, Carolyn Eggert
office; and
WHEREAS, Carolyn Eggert felt that it was her duty
and in the public Interest to resign from her current
position on the Planning and Zoning Commission upon
qualification for elective office;
NOW, THEREFORE, BE 1T PROCLAIMED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that
the Board of County Commissioners expressed gratitude to
Carolyn Eggert for her record of community service and
wishes her a long and successful future.
Dated this 23rd day of July, 1986.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
-,;)C_-
. on cur oc Chairman
ATTEST: ATTEST:
re a W -
re t, r
14
BOOK 65 m-bi 145
J U L 23 1966 BOOK 65 rmu-146 `-
FUTURE`ZONING_OF R.D. CARTER SUBDIVISION AND ADJACENT PROPERTY
The Board reviewed the following memo dated 7/11/86:
TO: The Honorable Members DATE: July 11, 1986 FILE:
of the Board of County
Commissioners -
DIVISION HEAD CONCURRENCE:
64azt'LI ! /X SUBJECT: FUTURE ZONING OF R.D.
Obert M. Keat�ng,' ICP CARTER SUBDIVISION ,AND
g
Plannin& Develo ent Director ADJACENT PROPERTY
IRS
FROKi ha d Shearer, REFERENCES: R.D. Carter s D
Chief, Long -Range Planning RICH3 /
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 23, 1986.
DESCRIPTION & CONDITIONS
The City of Vero Beach is considering contracting its municipal
boundaries by deannexing the R.D. Carter Subdivision and adjacent
property to the north along the east side of U.S. 1. Many
property owners are concerned about this possible detachment
because of uncertainty regarding possible County zoning of this
area.
The Planning staff has discussed this situation with the State
Department of Community Affairs and determined that it will not
be possible to establish County zoning for this land prior to
amending the County's Comprehensive Plan to estab,�ish land use
designations for these properties. The County Comprehensive Plan
designates part of the land which is already in the County and
located east of the subject property as Hospital/Commercial node;
the remainder is designated MD -1, Medium -Density Residential 1
(up to 8 units/acre). Moreover, the land in the County that is
in the Hospital/Commercial node is zoned MED, Medical District,
and the land designated as MD -1 is zoned RM -6, Multiple -Family
Residential District (up to 6 units/acre). These designations
should be compatible with land use and zoning designations to be
established for the City areas to be deannexed. .
In part of the City area to be deannexed, there are some existing
commercial uses which must be considered. Most of the owners of
this property have expressed a desire to have commercial zoning.
Currently., the City has all of this property *zoned commercial
except for the lots in the R.D. Carter subdivision which do not
have frontage on U.S.. 1; these lots are zoned multiple -family
allowing up to 8 units/acre.
Working with the City staff and other County departments, the
Planning Department did an analysis of this area. As a result of
this analysis, the staff has prepared 3 alternate zoning
configurations for the subject property based on the existing
land use pattern and the existing zoning of the County land to
the east. All three alternatives designate the area adjacent to
the hospital/commercial node as Medical District and the existing
commercial uses in the R.D. Carter subdivision as General
Commercial. The other lands have different zoning
classifications in each of the alternatives.
15
On June 26, 1986, the Planning and Zoning Commission voted 3 -to -0
to recommend approval of Alternative 2.
ALTERNATIVES & A14ALYSIS
Alternative 1
The first alternative designates all of the vacant and
residential land in the R.D. Carter subdivision as RM -8,
Multiple -Family Residential District (up to 8 units/acre). The
land located north of R.D. Carter subdivision and south of 35th
Street would also be zoned RM -8. The existing commercial uses in
the R.D. Carter subdivision which abut U.S. 1 would be zoned CG,
General Commercial District, under this alternative, and the area
between 35th Street and 37th Street which is adjacent to the
hospital/commercial node would be zoned MED, Medical District.
This alternative would require that the Comprehensive Plan be
amended as follows:
1. Designate the residentially developed property in R.D.
Carter subdivision and the land located north of the
subdivision and south of 35th Street as MD -1;
2. Designate the commercial properties in the R.D. Carter
subdivision as a commercial node or MXD area;
3. Enlarge the hospital/commercial node by approximately 6
acres to include the properties fronting U.S. 1 between 35th
Street and 37th Street.
Alternative 2
The second alternative is identical to the first alternative
except that the land located north of the R.D. Carter subdivision
and south of 35th Street would be zoned CL, Limited Commercial
District. This would require the same land use designations as
alternative 1 except for the property located north of the
subdivision which would be designated as MXD or part of a
commercial node. Establishing a 300 foot deep Mixed Use District
on the east side of U.S. 1 between 35th Street and 30th Street
(the southern boundary of the R.D. Carter Subdivision) would
accommodate this alternative.
Alternative 3
Alternative 3 would zone all of the land south of 35th Street as
CG. Under this alternative, these properties could be designated
as a Mixed -Use District.
Regardless of which alternative is selected, the County must
amend its Comprehensive Plan to establish land use designations
for the area to be deannexed. Only then can zoning be
established for these areas. Because of the twice a year
limitation for amending the Comprehensive Plan, these proposed
amendments cannot be considered until August. With State and
regional reviews, the process will probably not be completed
until November. Although final resolution of these issues will
not be effected for several months, agreement on an alternative
at this point will.provide property owners with an indication of
final action.
RECOMMENDATION
The staff feels that the second alternative is the most realistic
for this area based on the existing zoning in the City and the
County. This alternative would provide for commercial or medical
district zoning along U.S. 1 to encourage redevelopment.
16
BOOK 65 F,�,-UE 147
BOOK 65 FADE 148 -
Richard Shearer, Chief of Long -Range Planning, advised that
staff recommends Alternative 2, but does not feel that the
200 -ft. depth is appropriate for the narrow strip along U.S. #1
and will increase that to approximately 300 feet. However, it
appears that we have only 70 feet of right-of-way on U.S. #1 in
front of that strip, and since eventually we will need another 50
feet, we may adc[ 50 feet for that right-of-way now and start the
300 ft, measurement from that point. The City of Vero Beach has
the deannexation of these areas on hold until it receives the
County's feelings. Staff would like to get this matter resolved
as soon as possible, because if the City does deannex this
property, we will have to amend the Comprehensive Land Use Plan
and would like to start that process this month.
Mr. Shearer confirmed that staff's recommendation includes
350 feet of right-of-way.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, that the Board accept staff
recommendation of Alternative #2 with 350 feet.
Under discussion, Commissioner Bird suggested that the
property between the General Commercial and Medical Districts be
designated as General Commercial instead of Limited Commercial.
Mr. Shearer advised that staff considered that, but felt
there are many uses in General Commercial that are not
appropriate next to a medical node, such as used car lots,
packing houses, etc.
Commissioner Bird did not feel a used car lot was
objectionable, and Chairman Scurlock explained that basically we
are giving staff permission to go ahead with the City on this and
the decision on whether to go with CL or CG can be made at a
later date.
Commissioner Bowman asked if this would allow CG beside
residential, and Director Keating advised that it would put it up
17
01
against multiple -family residential.
However, the City has it
zoned commercial right now, so the residences in there are
presently non -conforming uses.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
l
APPROVAL OF ADDENDUM TO UTILITIES CONTRACT FOR MAPPING WORK -
BOYLE ENGINEERING
The Board reviewed the following memo dated 7/15/86:
TO: The Honorable Members ®ATE: July 15, 1986 FILE:
of the Board of County
Commissioners
DIVISION,HEAD CONCURRENCE: ADDENDUM TO UTILITIES
SUBJECT: CONTRACT FOR MAPPING WORK
Robert M. Keat`i g, Arr
Planning & Deve opment Director
FROM: Art Challacombe REFERENCES: Mapping Work
Chief, Environmental Planning DIS:ARTCHA
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting on JulY 23, 1986.
DESCRIPTION AND CONDITIONS:
On April 15, 1986 the Board of County Commissioners entered
into a contract with the Florida Department of Community
Affairs (DCA) through the Local Government Comprehensive
Planning Assistance Program. One of the final products to be
prepared is a set of County base maps that will be used to
update the County's comprehensive plan as part of the DCA's
rule 9J-10. This rule establishes the allocation of grant
funds to assist local governments in preparing their required
plans. According to the contract, Indian River County will
receive $31,703 to update its plan.
ALTERNATIVES & ANALYSIS:
After reviewing the County's options of either hiring a firm to
prepare the map or extending ongoing services, staff chose to
pursue creating an addendum to the existing Utility Department
contract with Boyle Engineering Corporation. Among the advan-
tages of this alternatives is:
1) The County does not.have to advertise for bid on the work;
2) Boyle Engineering is familiar with the needs of the County
and enjoys a good reputation with the County for work
performed for the Utilities -Department;
18
JUL 2 3 1986 BOOK 65 FACE 149
L_
JUL 2 3 1986 BOOK 5 Fni 150
3) Boyle Engineering Corporation can prepare various base map
document sizes through the use of its Intergraph Computer
Aided Design/Drafting (CADD) equipment.
The-CADD system is particularly beneficial when updating and
adding graphic features. Through this system individual -
features can be added or deleted without completely creating a
new base map document.
Payment for the work performed by Boyle Engineering will be -at.
standard rates for computer services not to exceed $10,000
without prior approval by the County. All funding for the
mapping services will be provided through the Local Government
Comprehensive Planning Assistance Program without the need for
additional local funds. Boyle Engineering will provide the
County with the final base map products within five weeks of a
completed contract.'
County staff and Boyle Engineering have agreed upon all of the
technical aspects of the addendum to the utilities contract for
the mapping work. The County planning and legal staff must
include one minor legal technicality required by the DCA in
order to finalize the contract for signing by the Board
Chairman.
RECOMMENDATION•
The staff recommends that the Board authorize the Chairman to
execute the amended contract with Boyle Engineering to include
the mapping work under the County contract with the Florida
Department of Community Affairs upon staff completion of the
aforementioned legal revision.
Robert Keating, Director of Planning & Development,
explained that Boyle Engineering was chosen because they are
already under contract with the Utilities Dept. and have a
intergraph system that facilitates the development of this kind
of base mapping.
Art Challacombe, Chief of Environmental Planning, explained
that he prepared the contract and would go back and specifically
call out the name of each city and town in the county.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously approved
staff's recommendation for expanding the contract with
Boyle Engineering to include the mapping work
and authorized the Chairman's signature with the
understanding that the contract will be revised to
include all municipalities in the county.-
ADDENDUM
ounty:
ADDENDUM TO AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK
19
01
PUBLIC wHEARING ___EXPIRATION OF NEIGHBORHOOD COMMERCIAL NODES
The hour of 9:10 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication, to
w i t : 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�%%�:�/i/Jl CLC L
�"• �.�%t,:- c-L[�Li.. /� it ('[. �.', /..• 1 .i.(_.)`_�,
:")71o7r� ^ C-<-rkJ. ' ^_!�• In the �"/Court, was pub-
lished in said newspaper in the issues of/// �: 5O ' �. 1 Y
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, rebatecommission or refund for the purpose of securing this
advenisement for publication in the said newspaper. /
Sworn to and subscribeI a me / 7_ day of !'' � A.D. 19 J
✓ L
1
Q r1 (B?s,iinpss Manor er) 1_
(Clerk of the Circuit Court, Indian River County.%'F)6nda)
(SEAL)
NOTICE OF PUBLIC NEARING
TO CONSIDER THE
ADOPTION OF A COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN that the Board of;
County Coo m istoners o1 Indian River County.;
Florida, &hall hold a public hearing at which par-
ties in mterest and cruiena Shall have an oppor-
tumhy to be heard. in the County Comm aawn�
Chambers of the County AdmintW&tion BwW-I
mg, located at 1840 25th Street. Vero eeaeti,
Florida. on Wednesday. July 23, 1999, at 9:10
a.m. to Consider the adoptich of an Ordinance!
imbued:
AN ORDINANCE OF INDIAN RIVER
COUNTY, FLORIDA, AMENDING SEC-
TION
EPTION 19 (A) .2 CN: NEIGHBORHOOD i
COMMERCIAL DISTRICT OF APPENDIX
A OF THE ZONING CODE OF LAWS
AND ORDINANCES, KNOWN AS THE
ZONING CODE. PROVIDING FOR RE-
VISED PROCEDURES FOR TERMINAT-
ING NEIGHBORHOOD COMMERCIAL
NODES: AND PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS. CODI- 1
FICATION. SEVERABILITY, AND EFFEP
TIVE DATE.
A Way of the proposed ordinance is available
at the Piemmng Department office on the second
floor of the County Administration Building.
Anyone who may wish to appeal any 00CM011
which may be made at this meeting will need to
ensure that a verbatim record of the prOCOetlaig&
m made, which includes testimony and evidence
upon which the appeal is basso.
Indian River County
Board of County Commmawmers
By -a -Don C. Scurlock, Jr., Chairman
July 2.17,1989
The Board reviewed the following memo dated 7/11/86:
TO: The Honorable Members DATE: July 11, 1986 FILE:
of the Board of•County I
Commissioners
DIVISION HEAD CONCURRENCE:
4�a
V_ SUBJECT: SUBJECT: EXPIRATION OF
Robert M. Keat'in'g, AI NEIGHBORHOOD COMMERCIAL
Planning & Developme t Director NODES
FROM-ichar d Shearer, REFERENCES: Exp. of Com. Nodes
Chief, Long -Range Planning RICH2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 23, 1986,
DESCRIPTION & CONDITIONS
On January, 29, 1986, the Board of County Commissioners adopted
Ordinance No. 86-15 which converted the nonresidential zoning
districts to new commercial and industrial zoning districts
adopted during 1985 so that all zoning in the unincorporated part
of the County would conform to the County's Comprehensive Plan.
JUL 23 190865
20
BOOK 65 uu 151
J
r JUL 2 3 196
-7
Bou 65 FmCF152 If
At the public hearing to adopt this ordinance, a question came up
about converting commercially -zoned lands in neighborhood
commercial nodes to the CN, Neighborhood Commercial District.
An individual objected to having his property changed to the CN
district because the district regulations contain a provision
that states: "All neighborhood commercial node approvals shall
terminate and become null and void if construction has not
commenced—within eighteen (18) months of the date of approval."
The individual stated that 18 months was an insufficient amount
of time to prepare a site plan,Adquire financing, and commence
construction. Based on this discussion, the Board directed the
staff to review the 18 month time limitation and further define
the procedures for terminating a neighborhood node.
The CN district was created specifically to implement the
Comprehensive Plan's provision for neighborhood commercial nodes.
Neighborhood commercial nodes do not appear on the land use map
and are intended to supplement the nodes designated on the map.
Because of the strict locational criteria in the Comprehensive
Plan, very few neighborhood nodes -can be located in small areas.
In order not to preclude commercial development in these areas
through the granting of a neighborhood node, it was determined
that these node approvals should expire if the property was not
developed in a reasonable amount of time. This is. implemented
through the 18 month termination provision in the CN district.
On May 14, 1986, the Board of County Commissioners directed the
staff to initiate the process to amend the CN zoning district as
provided for in the attached ordinance.
On June 26, 1986, the Planning and Zoning Commission voted 3 -to -0
to recommend approval of this request.
ALTERNATIVES & ANALYSIS
The staff feels that in order to terminate a neighborhood'
commercial node the property would have to be down -zoned from CN
to an appropriate residential zoning district. In order to
accomplish this downzoning based on the 18 month time limitation,
the rezoning would have to be initiated approximately 15 months
after the node had been designated. Staff does feel it might be
difficult in some cases for a developer to have a neighborhood
commercial development under construction within fifteen months.
After discussing this situation with the County Attorney, a brief
set of procedures to effectuate termination of a neighborhood
commercial.node was developed, and these proposed procedures are
outlined below.
The staff recommends maintaining the 18 month termination period
for neighborhood nodes. However, staff feels that at the end of
18 months, if construction has not commenced, the Board of County
Commissioners should hold a hearing at which the staff would
report on the status of the node, and the developer could explain
why the node status should be retained. The staff report would
include information on whether or not a site plan had been
approved, whether or not a building permit had been issued, and
if there had been interest from other individuals concerning
developing a neighborhood node in the area. Based on this
information, the Board would decide whether to terminate the node
or grant a 6 month extension. If the node were terminated, staff
would initiate rezoning of the property. These procedures would
require that the CN district regulations be amended to include
the 6 month extension provision.
RECOMMENDATION_
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends that the Board of
County Commissioners approve the amendment to the CN district
regulations to incorporate the above described provisions for
terminating neighborhood commercial nodes.
21
Commissioner Wodtke noted that the minutes of the Planning 6
Zoning meeting actually do not say that there could be more than
one 6 -month extension given, and Richard Shearer, Chief of
Long -Range Planning, advised that a limit of one 6 -month
extension could be incorporated into the ordinance if the Board
so desired.
Chairman Scurlock preferred not to include it in the
ordinance, because he felt the Board needs to establish some
policy to get the maximum flexibility in the case of unique
circumstances, such as changes in the economy that so greatly
affect the construction industry.
Mr. Shearer believed that the way the ordinance is presently
structured gives us the maximum flexibility.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in the matter. There were none.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously closed
the Public Hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously adopted
Ordinance 86-48, amending the Neighborhood Commercial
District in the Zoning Code, providing for revised
procedures for terminating neighborhood commercial
nodes.
JUL 23 IM
22
BOOK 65 FnE 153
0
rJUL 2 � 196
ORDINANCE NO. 86- 48
BOOK 65 P,�uE 154 10
6/2/86
Rich3
LR -Planning
RS/h
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTION 18 (A).2 CN: NEIGHBORHOOD COMMERCIAL DISTRICT OF
APPENDIX A OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS
THE ZONING CODE, PROVIDING FOR REVISED PROCEDURES FOR
TERMINATING NEIGHBORHOOD COMMERCIAL NODES; AND PROVIDING
FOR REPEAL. OF CONFLICTING PROVISIONS, CODIFICATION, ,
SEVERABILITY, AND EFFECTIVE DATE.
NOW, THEREFORE,.BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that:
SECTION 1
Section 18 (A) .2 "CN: Neighborhood Commercial District"
shall be amended as follows:
$001/X0/,(AY11Z Sec. 18.2 CN: Neighborhood Commercial District.
(b) (5) f. ,Termination of neighborhood node approval. All The
Board of County Commissioners may terminate neighborhood node
approvals fiMXX/¢7�Yi�¢/��/}b¢¢¢/�i�iXX/�i�1/�9SX if construction
has not commenced, as defined in Section 23.1 (g) (1), within
eighteen (18) months of the date of approval. In addition,
neighborhood node approval OXAlX may be terminated by the County
Commission upon abandonment of construction, as defined in Section
23.1 (g) (3). The approval date shall be the effective date of
the ordinance which rezoned the property to CN. Eighteen (18)
months after a neighborhood node is established by rezoning
property to CN, the Planning and Development Division shall
schedule a public hearing before the Board of County Commissioners
to make a pro ress report on the developmentof the node. The
progress report will indicate whether or not a site plan has been
submitted or approved and whether or not a building permit has
been issued and maintained for the property. Moreover, the report
will indicate whether or not there has been interest from other
developers concerning developing neighborhood nodes in the area
After the public hearin the Board will decide whether to
terminate the node approval or extend approval for six (6) months
If the Board decides to terminate the node approval, the planninq
staff shall initiate a rezoning request to down -zone the property
to an appropriate residential zoning district
CODING: words in type are deletions from existing law.
Words underlined are additions.
ORDINANCE NO. 86- 48
SECTION 2
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the Board
of County Commissioners of Indian River County, Florida which
conflict with the provisions of this ordinance are hereby repealed
to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 3 ..
CODIFICATION
The provisions of this ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to
0
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 4
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word
of this ordinance is for any reason held to be unconstitutional,
inoperative or void, such holdings shall not affect the remaining
portions hereof and it shall be construed to have been the
legislative intent to pass this ordinance without such
unconstitutional, invalid or inoperative part.
SECTION 5
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State 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 23rd day of July 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
,-
CAL 23 1986
BY: � �jj
DONC. SOCK, JR., HAIRMAN
BOOK b
J U L 23 1986 BOOK 65 rnl; X56
PUBLIC HEARING - FULFORD REQUEST TO REZONE 9 ACRES FROM RM -6
MULTIPLE -FAMILY RESIDENTIAL DISTRICT TO A-1,AGRICULTURAL DISTRICT
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
NOTICE-PUWCHEAMNO ..
Published Daily -,
conav0W"adeOAO" of
O
,t_ -
Vero Beach, Indian
yahearing SO
MuMple-FamUy peextm 10 toAf, A�gr►
13 Pre
1>arnby The auger Pram
River County, Florida
sen
senty owned by PertY E. is
and u located
_
h
north or 82nd Street, and east m U.S.
east
Is av
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Tiro North uarter saunlsast
-Before the undersigned authority
9 y personally
Quarter a the Northeast quarter of Sec-
BOn 33. Township 31 S. Range 39 E. tr►
appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a dail newspaper
Vero
dean Povr County, Florida. lana highway
way as � In Need
Bohok
at published
Beach in Indian River County, Florida; that the atthe
tached copy of advertisement, being
1of foi�-
m9 deaOribed Property. SFrom ma
FVatn"in corner Of the Northeast Quar-
a - -
lel of the Southeast
T
sael ouartr of Sectlol3�T, WNp�31
W=eS. Range 39E. Inaan River =,-.v-
run S 00105'48" W. a distance of
in the matter of
423.72 feet to the Point of Beginning of
the =n deaenued plop". Thanes
�t
txm8nue s 0o°os•4e•• w. a dlstanee of
289.71 feat: mance run N a9°4178•• W a
distance of 208.71 feet, mance run N
00°05"49" E a distance of 209.71 feel.
i
/
mance nm 89°4479" E e aelenee of
in the -- Court, was pub-
208.71 feet to me Pant of Bia;ce g
more ounty.
sof Indian
-
RReeeucre River CFW4aa
and and rano
sublect to easements mor
fished in said newspaper in the issues of r /S, / 9.3'G
rights of way of record. PARCEL -A-
T�-y
ining 9
containing 9 acres mom or kes.
W
A put>tiC heaflng at Wh ch Parsee m mlerest
1
and clturom nhail have an onportumty ro M
negro. veru be new W the Board of County Can-
Affiant further says that the said Vero Beach Press -Journal is a newspaper Published at
Vero Beach, in said Indian River County.
mlanonan Of mdum River County, Flon" in tris
Administration�Buimng. twined at�g4o�i5nn,
Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida. each daily has
Sheet• veru Beach, Flwwa an wadnesai y. •hay
23.1986, at Sao a.m.
and 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
gram a rThe eirmrgf to a County Commissioners
� asam
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that
OroinOw d a wnnm
than gM 8f
he has neither paid nor promised any person, helm
or corporation any discount, rebate. commission or refund for the purpose. of securing this
advertisement for publication in the
category.
Anyone ener muse ay wrier 10 appeal any Oecrwan
which may be made at this meetuq wxl nand to
said newspaper.
erreun that 4 WOW- MOOM Of the Procaeo,ngs
Sworn to and subscribed before me this --- __ day of .t,1 j
is made. which mdudes teMmaty arw endanp
soon which the appaat a uasea .
lnaan River county
A.D. 19 IF
•, r/ 1 ` �t
Board of County Commoslabrf .
Bir -u- pori C. Scurlock Jr..
slp�essjlianfdgerl
clwmwn
duh 2.15. 4999
(SEAL) (Clerk of the Circ if Court, Indian River County. Florida) ,
The Board reviewed the following memo dated 7/11/86:
TO: The Honorable Members DATE: July 11, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT: FULFORD REQUEST TO
Robert M. ` Keat'irfg� AIGP REZONE 9 -ACRES FROM
Planning & Development'Director RM -6, MULTIPLE -FAMILY
RESIDENTIAL DISTRICT,
TO A-1, AGRICULTURAL
DISTRICT
FROM-1-5ar d Shearer, REFERENCES:
Chief, Long -Range Planning Fulford Memo
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 23, 1986.
DESCRIPTION & CONDITIONS
Perry Fulford, the owner, is requesting to rezone 9 acres located
on.the north side of 82nd Street and approximately 250 feet east
25
a
of U.S. 1 from RM -6, Multiple -Family Residential District (up to
6 units/acre), to A-1, Agricultural District (up to 1 unit/5
acres). The applicant would like to construct a barn on this
property as an accessory building to his citrus grove.
Construction of a .barn which is an accessory use to an
agricultural operation requires agricultural zoning.
On June 12, 1986, the Planning and Zoning Commission voted 4 -to -0
to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the 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 and the land north and east of it are
developed in citrus groves and zoned RM -6. South of the subject
property, across 82nd Street, are single-family- residences zoned
RM -6. West of the subject property is a commercial nursery zoned
CL, Limited Commercial District.
Future Land"Use Pattern
The Comprehensive Plan designates the subject property and all of
the. land around it as LD -2, Low -Density Residential 2 (up to 6
units/acre). The subject property and the land north, east and
south of it have been zoned multiple -family since 1957. However,
based on the predominant land uses in this area, it does appear
appropriate to rezone the property to A-1 at this time.
Transportation System
The subject property has direct access to 82nd Street (classified
as a local street on the Thoroughfare Plan). Rezoning the
subject property to A-1 should not increase the number of trips
generated by the site and would decrease the potential number of
trips that could be generated if the property was developed under
the RM -6 zoning.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
Utilities
County water and wastewater facilities are not available in this
area.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval
Commissioner Lyons asked if this represents spot zoning, but
Mr. Shearer did not think so due to the size of the parcel and
the other groves in the area.
JUL 23 1-886
26
BOOK 65 mU 157
III],; o`
-7
BOOK 65 N�,E 158 -,
.Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter. There were none.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously closed
the Public Hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously adopted
Ordinance 86-49, rezoning 9 acres from RM -6, Multiple -
Family Residential District, to A-1, Agricultural
District.
11
27
0
P
7/11/86
rich2
LR -Planning
ORDINANCE NO. 86-49 RS/vh
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
a9
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 Northeast quarter of the Southeast quarter of the
Northeast quarter of Section 33, Township 31 S, Range 39 E,
Indian River County, Florida, less highway rights of way as
described in Record Book 105, Page 431, and LESS the
following described property. From the Northeast corner of
the Northeast quarter of the Southeast quarter of the
Northeast quarter of Section 33, Township 31 S, Range 39E,
Indian River County, Florida, run S 00°05'48" W. a distance
of 423.72 feet to the Point of Beginning of the herein
described property. Thence continue S 00°05'48" W. a
distance of 208.71 feet; thence run N 89°44'39" W a distance
of 208.71 feet; thence run N 00005148" E a distance of 208.71
feet; thence run 89144139" E a distance of 208.71 feet to the
Point of Beginning containing 1 acre more of less. Public
Records of Indian River County, Florida and subject to
easements and road rights of way of record. PARCEL "A"
containing 9 acres more or less.
Be changed from RM -6, Multiple -Family Residential District, to
A-1, Agricultural District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
01
L-'J'URL
23 1986
BOOK 65 F�1 E 59
10
rJUL 23 1986
ORDINANCE NO. 86-49
BOOK 65 FnE 160. •
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 23rd day
July, 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By 1 C
Don C. Scurlock., Jr., airman
Acknowledgment by the Department of State of the State of Florida
this 28th day of July , 1986.
Effective Date: Acknowledgment from the Department of State
received on this 1st day of August , 1986, at 10:00
A X. /P.M. and filed in the office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
Bruce Barkett, Assistant County Attorney
PUBLIC HEARING - CREATION OF PROFESSIONAL OFFICE ZONING DISTRICT
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:
IT
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
A copy of the proposed ordinance is available
NOTICEOFPUBUCHEARINa
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
P
TO CONSIDER THE '
COUNTY OF INDIAN RIVER: STATE OF FLORIDAADOPTION
OF A COUNTY ORDINANCE
NOTICE Is HEREBY GIVEN that the Board o
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
County Commustro em of Indian River County
Florida. Shan had a public hearing at which per
says that he is Business Manager of the Vero Beach Press-JOumal, a daily newspaper published
Mee'^ Mme eat and anzena Shat have an OPPW
at Vero Beach in Indian River County, Florida; that the attached copy of ativertisement, being
tun ry to be heard. m frit County Comm
cbamnera or frit County Adminiebahai
' advertisement; and affiant further says that he has neither aid nor promised an
P P Y Person, firm
illi, attube 25th Street, Vero Beath
or corporation any discount, rebate commission or refund for the purpose Of securing this
Wednesday, July 23,1986. at g:t
advertisement for publication in the said newspaper.
a.m. to easWthe adoptlon of an ordmancol
Sworn to and Subs(Ibe 7 t,
maned:
AN OF WDWN RIVER
�d re mt is day of t A.D. 19 z-
.COUNTY,NTY. FLORIDA.FLI AMENDING
AP -the
matter ofaiem
PENDIX A OF THE CODE OF LAWS AND .
:
ORDINANCES. KNOWN AS THE ZON-
/t ��
IND CODE. HACTINO AN AMEND-
MENTI TO HE NON-RESIDENTIAL
MENTTTSTRICTS
r.s C -C+
ZONING DI AND SEVERAL RE.
r ,fj `
rLA I in the CDUrt, was pub-
ZONING REGULATIONS BY: 1)
CREATING
F SSIONAL OFFICE (DISTRICT":2)
AMENDIM3 SECTION 25.1, 'REGULA-'
TIONS FOR SPEING tLT
/�/JJ` /I
IlShed in said newspaper in the issues of ��Ws'% 7 / /_
C^`o
X (-0
A&
AND PROVIDING FOR ALTERNATIVE
FO
SECTIONS A3 WELL ASFFECTI
T'
TION, SEVERABILITY, AND EFFECTIVE
E
DATE. ,
29
A copy of the proposed ordinance is available
at the P,ar mng Department omCe on me second
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
P
rloaa the County wish t sop Buoy de
Anyone who may with is Meeting any deegiar!
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
wnrcn may be meas at mis meetmq Will need Ioi
been continuously published In said Indian River County, Florida, each daily and has keen
ensure that averbanmrecord ofMeproceedings
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun.
.9 made. wIoch includes tesmnuny and eridencq
upon which the appeal rs based.
- ty, Flonda, for a period of one year next preceding the first publication of the attached copy of
Indian Rtvar County
' advertisement; and affiant further says that he has neither aid nor promised an
P P Y Person, firm
Board of County Commissioners
I
or corporation any discount, rebate commission or refund for the purpose Of securing this
By -s -Don C. Scurlock. Jr.. Cwrman
July 2.11.1988 _
advertisement for publication in the said newspaper.
Sworn to and Subs(Ibe 7 t,
�d re mt is day of t A.D. 19 z-
i , (BusmBss lanagk:rr., P -
:
(Clerk of the Circuit Court, Indian River County. Florida)
(SEAL) ,
29
The Board reviewed the following memo dated 7/11/86:
TO: The Honorable Members DATE: July 11, 1986 FELE:
of the Board of'County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT: CREATION OF PROFESSIONAL
Robert M. heats
f
, Al P OFFICE ZONING DISTRICT
Planning & Devepme t Director
FROw ?_5 Shearer
AICP REFERENCE&en. Off./Resid.-Zoned
Chief, Long -Range Planning Areas/RICH2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 23, 1986.
DESCRIPTION & CONDITIONS
The Planning Department has prepared a proposed amendment to the
zoning ordinance which would create a professional office zoning
district.which could be located in selected residential areas.
On January 9, 1985, the Board of County Commissioners and Plan-
ning and Zoning Commission held a joint workshop to discuss the
possibility of allowing offices as a special exception use in a
few multiple -family zoning districts. The general consensus of
individuals at the workshop was that the County should permit
offices as a special exception use in multiple -family districts
abutting arterial streets. Moreover, some individuals felt that
offices should also be allowed as a special exception use in
single-family zoning districts that abutted arterial streets, and
there was discussion about allowing offices along collector
streets and permitting accessory retail sales in conjunction with
some of these offices.
On July 24, 1985, the Board of County Commissioners decided not
to amend the RM -6, RM -8 and RM -10 multiple -family zoning dis-
tricts to allow offices as a special exception use on properties
abutting an arterial street. The Board stated that the proposed
amendment was too broad and would allow offices along State Road
A -1-A which they did not feel was appropriate. The Board in-
structed the staff to look at this situation again and prepare
another proposal that would be more restrictive. In addition,
the Board wanted to know specific areas where this type of
development would be permitted. .
On January 23, 1986, the Planning and Zoning Commission con-
sidered two alternatives and voted 4 -to -0 to recommend that the
County allow professional offices in some residentially zoned
areas along arterial streets and that this be implemented through
the creation of a professional office zoning district.
On February 26, 1986, the Board of County Commissioners tabled
action on this item until the Planning Department could provide
maps of the areas which might be considered for professional
office development.
On May 14, 1986, the Board of County Commissioners considered
this issue again and authorized the staff to schedule public
hearings on the proposed new zoning district.
30
01 sou 65 PAA 161
BOOK 65 FAGS 162
On June 26, 1986, -the Planning and Zoning Commission voted 3 -to -0 If
to recommend approval of the attached ordinance. At the public
hearing, the planning staff recommended that Health Services,
which would include doctor's offices, be removed from the
proposed new zoning district because this type of use generates a..
large amount of- traffic which would be inconsistent with the
intent of the district. However, the Planning and Zoning
commission felt that Health Services should be included in this
district.
ALTERNATIVES& ANALYSIS
The staff has prepared a zoning ordinance amendment which would
allow general offices to be established on properties abutting"
arterial streets on the mainland.
The proposed professional office zoning district would be con-
sidered consistent with the LD -2, Low -Density Residential 2 (up
to 6 units/acre), MD -1, Medium -Density Residential 1 (up to 8
units/acre), and MD -2, Medium -Density Residential 2 (up to 10
units/acre), land use designations. This zoning district would
give the County discretion as to where professional offices could
be established.
RECOMMENDATION
The Planning and Zoning Commission recommended approval of the
attached ordinance, including Health Services, because they felt
that Health Services would include doctor's offices which would
be similar to other professional offices allowed in the district.
However, the staff feels that medical offices generate traffic at
a much higher rate than other professional offices and,
therefore, feel that Health Services should not be included in -
the proposed district.
Richard Shearer, Chief of Long -Range Planning, pointed out
se
the basic difference in the recommendations of the Planning &
Zoning Commission and the Planning Dept. staff is that the
Planning staff would like to see medical offices deleted from the
proposed zoning district because of the traffic generated by that
use. All the Board would be doing today is creating the zoning
district category and making any modifications they wished. The
Board then would consider where these districts would be located
at a later time.
Chairman Scurlock had a problem with the proposed district
if it was going to turn out to be a vehicle for strip commercial,
and questioned if there was enough specific criteria not to
establish a lot of precedent so that we don't have a firm reason
to deny something that seems inappropriate.
31
Mr. Shearer explained that this -zoning district would serve
as a vehicle in those areas where residential no longer seems
appropriate, but staff does not feel comfortable in opening those
areas to a broad range of uses.
Commissioner Lyons felt that while this we maybe something
we may want somewhere down the line, it would be a terrible
mistake right now, especially out SR -60 west to 1-95.
Commissioner Wodtke understood that staff's objection to
medical offices was based on the traffic generation, and Director
Keating explained that this is a compromise solution and what we
are looking for in the final product is something that looks like
residential. He pointed out that our parking ordinance only
requires one space for 300 sq. ft. for professional compared to
one space for 175 sq. ft. for medical. These requirements are
based on trip generation rates and the number of people attracted
to the type of use.
Commissioner Wodtke believed we would be better off to have
a doctor's office located in those outlying areas rather than
having people drive across town and tax our road network.
Commissioner Bowman did not care how many medical offices
t.
there are or where they were located, because she felt people
wish to go to their own doctor even if they have to drive across
town.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Attorney Eugene O'Neill, representing himself and several
clients, briefly went over the history of the development of this
zoning district to show how positively it was received until
quite recently. He felt that it makes good planning sense as a
buffer between residential and a major arterial, particularly in
those residential areas where the only alternative is commercial.
Attorney O'Neill stressed that professional offices are needed out
SR -60 because of the tremendous growth and urged the Board to
create the Professional Office Zoning District.
32
JUL 2 S 1986
BOOK F"GE6
BOOK 65 PAGE 16 - If -
Lloyd
Lloyd Danner, 7685 134th Street in Sebastian, stated that he
is in favor of establishing this zoning district because this
category would be the answer for approximately 9 lots along a
strip north of Sebastian, which property is no longer appropriate"
for single-family residential. He noted that County water and
sewer are going in up there and every little bit of development
helps pay the cost of putting in the utilities.
Bernie Jerrell, 7575 20th Street, emphasized that he lives
and works on SR -60, and that many professional offices have been
built recently on SR -60 between 20th Avenue and 43rd Avenue. He
maintained that there is a need for more professional offices
west of 43rd Avenue, but the County -will not allow it except in a
commercial node, and most professional people do not wish to
build offices next to a restaurant or some other retail use.
With regard to traffic generated by medical offices, he pointed
out that there is no problem at the Doctors Clinic. He believed
that the Board should establish this zoning district in order to
provide a vehicle for professional offices to serve the growing
population.
John Brenner, local architect, pointed out that there are
p
many old homes along major arteries that could be restored for
professional office use which would serve as a buffer to the
residential property beyond, and emphasized that a site plan
review still would be required and the Planning 8 Zoning
Commission still would have the discretion as to what buildings
can or cannot be erected or renovated.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously closed the
Public Hearing.
Commissioner Lyons pointed out that there are many places
out SR -60 between 43rd Avenue and 1-95 that could be used for
professional offices because of the commercial nodes and
neighborhood commercial zones already established.
33
Chairman Scurlock pointed out that Mr. DiBartolo has
purchased a large tract of land along SR -60, and even though he
does not have the proper zoning yet, his intent is to build a
regional shopping center. He felt that when that pressure comes
to bear on this Commission or some future Commission, it is going
to be extreme because he felt that this community has had a -
long-standing interest in good shopping and that sort of thing.
Commissioner Lyons pointed out that he would not be serving
on the Commission when that particular zoning request comes in,
but would guarantee that the Board would "fold."
Commissioner Wodtke believed that the use of professional
offices along SR -60 within the City'of Vero Beach has worked out
well. He felt that this zoning district would be a good option
since this'use would have to go through site plan process and the
P 6 Z Commission would have the ability to say where the
districts would be allowed.
Chairman Scurlock felt we have the flexibility now for
professional office use because there are neighborhood commercial
nodes practically very mile along SR -60 from 43rd Avenue to 1-95.
Commissioner Bird believed the time had come for such a
district because there are some older neighborhoods in the county
that would benefit. In addition, he felt that traffic patterns
are going to change as we build new corridors such as Indian
River Boulevard.
Director Keating stressed that staff feels that if the
proposed district is limited to professional offices, then you
have something that looks like residential, while the appearance
of medical offices could be closer to retail. It is a compromise
as to what uses are appropriate along arterials. Further, he did
not agree that residential is not appropriate along arterials
such as SR -60 and pointed out that many residential developments
have been or will be built along SR -60 such as Vista Plantation,
Indian River Estates, Sixty. Oaks, Village Green, Countryside,
Wedgewood, etc.
34
BOOK 5 Fb,,E 265
10
r-
JUL 23 198
soon65 FtE 166
Chairman Scurlock believed that. the proposed zoning district
would result in creating one large commercial strip out SR -60,
but stated he would be glad to consider creating a redevelopment
zoning district and having specific criteria to redevelop.
Commissioner Bowman was very much in favor of a
redevelopment district also. She did not see anything in the -
ordinance that would preclude doctors' offices.
Mr. Shearer explained that staff's recommendation is to
delete "health care services" from the ordinance.
Director Keating felt that if the Board wished, staff could
go back and look at what areas throughout the county -would have
the potential for redevelopment. the potential for red
Commissioner Lyons asked why AIA is excluded from this use,
and Chairman Scurlock believed we should face facts; it is
excluded because AIA is on the beach. Commissioner Lyons felt
that what is sauce for the goose is sauce for the gander.
Chairman Scurlock suggested going back and identifying
exactly where this zoning use would be allowed.
ON MOTION by Commissioner Lyons, SECONDED by
I}6
Commissioner Bowman, the Board by a vote of 3-2,
Commissioners Bird and Wodtke dissenting, rejected
the proposed ordinance in its present form and
instructed staff to consider developing a Redevelopment
District in its place.
RECONSIDERATION OF THE WINTER BEACH PRECISE LAND USE MAP
Chairman Scurlock announced that he would not be present in
the room during the next two'Public Hearings even though he no
longer has an interest in the Fopasclo parcel of property on
Winter Beach Road, and turned the meeting over to Vice Chairman
Lyons.
35
The hour of 9:45 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
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 V��err000 Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter of J&ZeC A j6,e--64 ��
in the Court, was pub-
lished In said newspaper in the issues ofd/"LGA
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
t
Sworn to and Subscribed b tore m thi /_.. day of / •thy Li A D 19
I sine`,'N1a er)
(Clerk of the Circuit Court, Indian River Co nty, Florida)
(SEAL)
. NOTICE OF PUBLIC Ht:AWNa T 1
TO CONSIDER AN
AMENDMENT TO THE WINTER BEACH
PRECISE LAND USE MAP !
NOTICE IS HEREBY GIVEN that the So ad Of
County Comae of Indian Riva Comity,;
Florida. sha0 had a public hearing at which Par-'
Ns in Interest and citizens shelf have an oppor
funny to be hoard. m the County Comwession
Chambers of pro Count' Admuusbation Budd -
the located at 184e nth street Vere Beach.-
4torlda, on wedmaday, July 23. ISM at 9*45,
P-'. to consider reeommehamp the adoption oft
a Resolution en.dMg the winter Beach Pre -I
cps Lard Use Map.
The revndn to tiro Precise Land Uea Map
coven ins WopenY m the winter Beach area lo -
dated eetweeh tld F.E.C. Railroad and 58th Ave•
nue then Hobart Road to 85th Street. M come
cases, this Map my mnuencie the future Caro
prehansive Plan land ala designation. zonthg
and devetoprnent allowed on various propartNe
M this area.
A map of the proposed a iadment to the Pre-
sse Land Use Map M avadatxe at 1M Planning
Department offm on the second door of the
County Admmistrahon Building.
Anyone who may wen to sop" any deciafal
which may be made at this meeting will heed to
ensure that a vabatifni record of the proceed -
milli ie made which nctudee Ins teshmany and
evidence upon which the appeal will Do based.
Indian River County
Board of County Commissional
BV •t Don C. St:urrocs. Jr.
Charman
July T. 15. 1985
The Board reviewed the following memo dated 6/20/86:
TO: The Honorable Members DATE: June 20, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
.,�. SUBJECT:
Robert M. Keat1'ng, ACP
Planning & Development Director
THROUGH: Richard Shearer,
�7 Chief, Long -Range Planning
RECONSIDERATION OF THE
WINTER BEACH PRECISE LAND
USE MAP IN THE AREA
LOCATED BETWEEN
F.E.C.R.R.
AND KINGS HIGHWAY FROM
HOBART ROAD TO SOUTH
WINTER BEACH ROAD
FRONteffrey A. Goulet J REFERENCES:
Staff Planner, Long -Range Planning Winter Beach Memo
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 23, 1986.
DESCRIPTION & CONDITIONS `
Beginning in May of 1985, the planning staff met with the Winter
Beach Progressive League in order to define problems and assess
the needs of the area. During this time, staff also conducted a
detailed land use study of the Winter Beach area and identified
conflicts between the existing land use, the existing zoning, and
the Comprehensive Plan policies for regulating the development of
lands in MXD areas. The staff then developed a plan based on
this detailed analysis and the community's concerns. This
36
,JUL 2 3 1986
L
BOOK 65 PnE 16 9
���� BOOK 65 PACE 16S
resulting plan entitled "The Winter Beach Small Area Plan and
Precise Land Use Map", included an analysis of, existing
conditions and a detailed land use proposal in the form of a
Precise Land Use Map (PLUM).
On September 24, 1985,.the Winter Beach Progressive League voted
unanimously in favor of endorsing the plan and the PLUM.
On October 10, 1985, the Planning and. Zoning Commission held a
public hearing and voted 4 -to -0 to recommend that the Winter'
Beach Small Area Plan and PLUM be adopted by the Board of County
Commissioners as a general guide to future development in the
Winter Beach Area.
On November 13, 1985, the Board of County Commissioners voted
5 -to -0 to adopt the Winter Beach Small Area Plan and PLUM by
Resolution No. 95-131. _
On February 13, 1986, the Planning and Zoning Commission
considered two applications (Fopasclo Developers and Coastal
Technology) to rezone property along North Winter Beach Road from
RS -6, Single -Family Residential District (up to 6 units/acre) and
A-1, Agricultural District, to RM -6, Multiple -Family Residential
(up to 6 units/acre). The residents of the Winter Beach area
expressed concern at the possibility of multiple -family zoning
extending further west than the existing 300 foot buffer to the
west of the F.E.C.R.R. The Planning and Zoning Commission voted
3 -to -0 to deny both of these requests. The commission based
their decision on the fact that they felt a rezoning to
multiple -family zoning was premature and that the existing 300
feet, of multiple -family zoning was adequate to buffer the light
industrial district from the single-family district. They also
felt_ that an increase in the amount of multiple -family zoning was
not appropriate due to the single-family residential character of
the surrounding area. Both applicants subsequently appealed
these decisions.
On April 2, 1986, the Board of County Commissioners granted a
request to,withdraw the appeal of Fopasclo Developer's application
to rezone 9 acres located on North Winter Beach Road from A-1,
Agricultural District, to RM -6, Multiple -Family Residential
District (up to 6 units/acre). The Board mentioned that they
would look more favorably on a request to rezone Fopasclo's
property to RS -6, Single -Family Residential District (up to 6
units/acre). Due to the controversy over the multiple -family
rezoning applications, the Board directed staff to conduct
additional analysis and reevaluate the Winter Beach PLUM.
On April 9, 1986, Coastal Technology withdrew their appeal to the
Board of County Commissioners to rezone 3.91 acres located on
North Winter Beach Road from RS -6 to RM -6.
On April 22, 1986, the planning staff held a workshop with the
Winter Beach Progressive League to discuss revision of the Winter
Beach PLUM. The staff presented two alternatives delineating
single-family and multiple -family uses in addition to delineating
maximum density. These alternatives were not,well received and
the Progressive League made the recommendation that the area
located between 71st Street (Cemet&ry Road) and South Winter
Beach Road from the F.E.C.R.R. to Kings Highway should be
redesignated to LD -1, Low -Density Residential 1 (up to 3
units/acre). They also felt this area should be rezoned to RS -3,
Single -Family Residential District (up to 3 units/acre).
On May 1, 1986, a joint workshop with the Planning and Zoning
Commission and the Board of County Commissioners was held.
The
Planning Department again outlined the results of its analysis
and presented the two alternatives it presented to the Winter
Beach Progressive League on April 22, 1986. The Progressive
League reemphasized that the area between 71st Street (Cemetery
Road) and South Winter Beach Road located east of Kings Highway
should be redesignated LD -1 and rezoned to RS -3 based on the
37
rural residential nature of the area and the large number of lots
which are two acres or larger in size.
On May 7, 1986, the planning staff met with representatives from
the Winter Beach Progressive League and a member of the Planning
and Zoning Commission to delineate an alternative PLUM amenable
to the Winter Beach residents. This alternative is presented as._____:_
Alternative One in the next section.
On May 8, 1986, the Planning and Zoning Commission voted 5 -to -0
to table a County -initiated request to rezone 9 acres located on
the south side of North Winter Beach Road (Fopasclo) from A-1,
Agricultural District, to RS -6, Single -Family Residential
District (up to 6 units/acre). This request was tabled until
completion of the reevaluation of the Winter Beach PLUM.
On June 12, 1986, the Planning and Zoning Commission voted 2 -to -2
on a motion to approve Alternative Two (the Planning Department's
proposal). This 2 -to -2 vote constituted a denial, thus this
request is forwarded to the Board of County Commissioners with no
recommendation from the Planning and Zoning Commission. It was
also brought up during the public hearing that Mr. Eddie Smith's
property, located on North Winter Beach Road and west of the
Lateral "G" Canal, is unique in that it is surrounded on three
sides by Hobart Park. Mr. Smith's agent felt that since his
client's property was buffered by the park, this property should
be designated up to 6 units/acre instead of 3 units/acre as
originally proposed. Based on discussion during the public
hearing, the Planning and Zoning Commission directed the staff to
reevaluate Mr. Smith's property and make.a recommendation to the
Board of County Commissioners. The staff subsequently reanalyzed
this area and concluded that Mr. Smith's property was unique and
should be designated Single -Family Residential (up to 6
units/acre) on the PLUM.
ALTERNATIVES & ANALYSIS
The Existing Winter Beach Plum
The existing Precise Land Use Map (Resolution 85-1,31) places a
great deal of emphasis on the MXD, Mixed Use Corridor located
between U.S. 1 and Old Dixie Highway from North Winter Beach Road
to South Winter Beach Road. The PLUM delineated the MXD into
residential, commercial and industrial areas based on the
detailed land use survey. The Progressive League's concern about
the large number of dwellings that were located in the MXD
corridor which were zoned for industrial uses was also addressed.
The PLUM designated most of the dwellings within the MXD corridor
as residential. Since there were no major conflicts between land
use and zoning in the area located west of Old Dixie Highway, the
staff felt that the LD -2, Low -Density Residential 2 (up to 6
units/acre), designation on the Comprehensive Plan was
appropriate and that no further detail was necessary on the PLUM
(see Figure 2) .
Alternative 1: The Winter Beach Progressive League's Plan
Due to the recent efforts of several applicants to have property
along North Winter Beach Road rezoned to RM -6, Multiple -Family
Residential (up to 6 units/acre), many residents feel that the
existing PLUM does not reach far enough in protecting their
interests. The Winter Beach Progressive League would like the
County to delineate the area located west of Old Dixie Highway
and east of Kings Highway from Hobart Road to South Winter Beach
Road in more detail. The Progressive League feels that the
allowable maximum density is too high based on the rural nature
of the area and the number of lots which are two acres or larger
in size. They also feel that a strict boundary should be defined
to separate single-family uses from multiple -family uses. The
Progressive League also recommends that the area located between
38
#I•
L- 'JUL 23 1986
n
Baas u�� Q
r --j U L Ile 3 1906,
Bou 65 FA ct 170
71st Street (Cemetery Road) and South Winter Beach Road be
redesignated from LD -2, Low-density Residential 2 (up to 6
units/acre), *to LD -1, Low -Density Residential 1 (up to 3
units/acre). The Winter Beach residents feel that the. LD -1
designation would give them additional protection from
"high-density" development than the current designation on the
PLUM (see Figure 3).
Alternative 2: The Planning Department's Plan
Due to the controversy brought about by the recent rezoning
applications for property located on North Winter Beach Road, the
staff feels that a more detailed PLUM for the area located west
of Old Dixie Highway and east of Kings Highway may be necessary.
The staff feels that, due to the proximity of this area to U.S. 1
and the designation of North Winter Beach Road as a primary
collector on the Thoroughfare Plan, the area should retain its
LD -2 designation on the Land Use Map. The land use designation
is aimed at future development and due to the lack of public
water and wastewater systems, the present situation will not
allow development at that level. The staff recommends that the
resident's concerns over density and whether land should be for
single-family or multiple -family uses should be addressed through
the policies in the PLUM and by zoning regulations. Figure 3
illustrates the Planning Department's recommended alternative for
revision of the Winter Beach PLUM. The staff feels that the area
between 71st Street (Cemetery Road) and South Winter Beach Road
from Old Dixie Highway to the Lateral G Canal should retain its 6
unitiacre zoning designation. Staff also recommends that a 300
�—Oot multiple -family buffer be designated along the northern and
western boundary of the So'ith Winter -Beach Road Industrial Node.
Alternative Two also designates the area west of the Lateral G
Canal from the southern boundary of Hobart Park to South Winter
Beach Road as single-family residential with a maximum density of.
3 units/acre.-
Based
nits/acre.
Based on staff's reevaluation of Mr. Eddie Smith's property,
which is located on 69th Street, and west of Lateral "G" Canal
and surrounded on three sides by Hobart Park, the Planning
Department proposes to designate Mr. Smith's "property as
single-family residential (up to 6 units/acre).
RECOMMENDATION
Based on the above analysis, staff recommends_ that Alternative.
Two, as amended to designate Mr. Smith's property as single-family
residential (up to 6 units/acre), be adopted as a revision to the
existing Winter Beach Precise Land Use Map.
39
Figure 2
Winter Beach Area
m . /
HTS
:�•0
40
BOOK 65 P,c 4 d 1
JUL 2 3 1986 BooK 65 PAGE 172 .
NTS
41
County Attorney Vitunac explained that the purpose of this
public hearing is to receive input from the property owners and
residents in Winter Beach which can be included in the Planning
staff's recommendation for the Winter Beach Precise Land Use Map
(PLUM), which will be used as a guideline to determine amendments
to the Comprehensive Land Use Plan or Zoning Code in the future.
Planner Jeff Goulet explained that originally the Winter
Beach PLUM concentrated on the mixed-use area between Old Dixie
Highway and North and South Winter Beach Roads, and staff felt
that the Comp Plan policies were enough to determine future land
uses west of Old Dixie, which is currently designated as LD -2,
low density, up to 6 units per acre (upa). The Winter Beach
Progressive League is recommending that Alternative #1 be
adopted. D'u'e to the perceived threat of higher densities after
some recent multiple -family rezonings in the area, they are
recommending that the area between Cemetery Road where the
current strip of multiple -family is along the FEC Railroad out to
Kings Highway be redesignated to LD -1 and rezoned to RS -3, up to
3 upa. However, the Planning Department feels that due to the
nature of the area and its proximity to the railroad and U.S. #1,
the area east of the Lateral G Canal should remain at 6 upa.
Further, staff does not feel that LD -1 would be appropriate for
any of that area at the present time. Staff is recommending,
however, that the area west of the Lateral G Canal out to Kings
Highway be designated at up to 3 units per acre on the Winter
Beach PLUM.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Sean O'Haire, attorney representing Edward Smith, spoke in
favor of staff's recommendation regarding Mr. Smith's property
remaining RS -6 and LD -2. He pointed out that the County owns
Kiwanis-Hobart Park which surrounds Mr. Smith's property and that
property would not be requiring a change in density. He advised
42 BOOK 65 PAGE 173
►JL 2 3 1986
BOOK 65 uu 174
that Mr. Smith would be back sometime in the future to request a
change from RS -6 to RM -6 on that particular parcel.
Robert Mooney, representing property owners in the area
between North and South Winter Beach Roads, circulated a map
showing the area to remain at 6 upa under staff's recommendation
of Alternative #2 delineated by a bold black line. The shaded•
areas are property where owners support the staff's'
recommendation, and the white areas are the properties of owners
who could not be contacted. He believed that the new County golf
course will make that area a very desirable place to live, and if
we reduce the densities from LD -2, it will result in -an increase
in the cost of living in that area. Approximately 800 of the
owners of property east of the Lateral G Canal oppose reducing
the densities and wish for the densities to remain at 6 upa. He
urged the Board to vote for Alternative #2.
Don Lyon, owner of Busy Bee Nursery which lies between U.S.
#1 and Old Dixie Highway, pointed out that the new building
restrictions have created conflicts between neighbors in that
area as new homes must be built higher and the stormwater runs
down into the neighbors' properties. He described the
e�
difficulties and expenses he has encountered in trying to operate
a nursery which is water-logged after every storm, and felt no
matter how the area is zoned or designated, a drainage study
should be made to find a solution to the flooding conditions.
Director Keating suggested that Mr. Lyons meet with Public
Works Director Jim Davis and himself to find some way of solving
the water runoff problems.
Mr. Lynn Kirk, 4210 North Winter Beach Road, stated that
after many people in that area objected to higher densities, they
were encouraged to come up with a plan to protect their area for
the future. The owners felt they were on the right track during -
the workshops on the Winter Beach Precise Land Use Map when they
proposed the LD -1 corridor, which would give them the protection
for preserving the area in the manner in which it has developed
43
-- single-family homes on large pieces of property. He pointed
out that currently there is a depressed market for condominiums
and multiple -family, and the trend is for single-family homes on
larger lots. Although the current land use is LD -2, the actual
land use is much lower. Mr. Kirk urged the Board to approve
their reasonable and realistic proposal.
Samuel Block, attorney representing the Winter Beach
Progressive League, believed that the large number of people in
attendance today emphasizes the significant concern of the owners
in the Winter Beach area. He presented 16 additional letters
supporting Alternative #1, and a petition signed by 218 residents
who support Alternative #1, which would designate that area LD -1
at 3 units per acre.
LETTERS AND"PETITIONS ARE ON FILE IN THE OFFICE OF THE CLERK
Clarifying some misunderstanding in regard to Mr. Mooney's
statement that he represents 80% of the property owners up there,
Attorney Block explained that the Progressive League was
proposing a corridor that might encompass more than the area
outlined in bold black line on Mr. Mooney's map.
Mr. Mooney felt that it would be very interesting to see how
many of the people who signed the League's petition actually live
east of the Lateral G Canal because much of the land is not
developed. West of the canal has significantly more residential
as there are three existing subdivisions.
Attorney Block estimated that 90% of the members of the
Winter Beach Progressive League are residents, as opposed to
developers, and these residents wish the land,4se for that area
to remain in character with what is there now. He urged the
Board to vote for Alternative #1.
Ramona Hamilton, owner of property in Winter Beach and
recording secretary for the Winter Beach Progressive League,
advised that the Planning staff brought out-of-date zoning maps
to the workshops, and at one point they brought maps showing two
different land uses. The Planning Dept, had assured them that
44
Bou 65 FA.,r175
JUL 2 3 1936
rJUL 23 1986
BOOK 65 u'r 176
they would bring them current maps, but they did not see the
current maps or description of the land use designations until
the general planning had been approved by the Board. Mrs.
Hamilton also pointed out that the advertisement for today's
Public Hearing states that it will be held at 9:45 o'clock P.M.
instead of A.M.: She felt that the League appreciates the
efforts by the Planning Dept, but feel that they were not treated
fairly and that perhaps a lot of this could have been handled
prior to.the planning being presented to the Commission. She
urged the Board to consider these issues very thoughtfully in
their decision today.
Commissioner Lyons questioned whether the Public Meeting
could continue seeing that the wrong time had been published in
the newspaper, and Attorney Vitunac advised that it could
continue since today's meeting is almost a courtesy meeting to
obtain the residents' input and will -not result in an ordinance
changing the land use or zoning of the area. He asked Mrs.
Hamilton how she and the others in attendance found out that the
meeting was scheduled for the morning rather than in the evening,
and Mrs. Hamilton said she had called several people after
B P:
checking with the County offices.
Mr. Shearer advised that the Planning Dept. also telephoned
many people to notify them of the typo in the newspaper.
Attorney Vitunac asked how many people in the audience were
here from the Winter Beach area, and virtually the entire
audience raised their hands. Based on the number of people in
attendance this morning, the County Attorney felt that the
mistake was apparent to most everyone as the County has never
scheduled a meeting for that late in the evening.
Commissioner Lyons was disturbed that there are some
feelings that the Planning staff was trying to snooker someone,
and wished to state that staff just doesn't operate that way. As
far as the land use definitions are concerned, those definitions
and land use maps are public to everyone and people have full
45
access to them. He stressed that the County has been trying very
hard to work with the people up there.
John Hanson, 4290 North Winter Beach Road, stated that while
he supports the League's proposal, he is also one of the 80% who
lives east of the Lateral G Canal. He is in support of lower
densities up there as he likes the openness and doesn't wish t -o
be crowded by a lot of people and homes.
Gerrie Kofke, 6555 52nd Avenue, Winter Beach, urged the
Board to approve lower densities for the Winter Beach area
because they have two small children and enjoy the quiet area.
Rebecca Hampton, President of the Winter Beach Progressive
League, believed that the League's recording secretary, Mrs.
Hamilton, was referring back to the very beginning of the develo-
pment of the Winter Beach PLUM and apologized for any misunder-
standing, but agreed with Mrs. Hamilton about there being a lack
of communication at the first meetings on this matter. She
recalled that in the beginning they were told that 6 upa could
never happen out on Winter Beach Road, and as soon as the PLUM
passed, they were very surprised to see requests coming in for 6
upa densities. She urged the Board to vote for Alternative #1.
t.
Alison DeGenero, 6635 52nd Avenue, urged the Board to keep
the densities low up in the Winter Beach area.
Henry.Mueller, 1805 Cutlass Cove Drive, speaking as a
developer, believed the efforts to downzone this area is
basically a regressive action. He pointed out that much of the
area is developed in parks and golf courses and the overall
densities are very low. He felt it was rather presumptuous of
some residents to say that they want low densities on just one
side of the Lateral G Canal. Mr. Mueller stressed that there
isn't much difference between 3 upa and 6 upa because it is
almost impossible to get more than 4 upa on property that allows
6 upa. He believed that the densities are rather misleading
because the residents are fearful that the area will develop in
multiple -family residential, and that is not the case. He urged
46
�JUL 23 19��
BOOK 65 mu -E 177
r-IJUL 23 3986
BOOK �i �-
6 Fri, u C �,
the Board to leave it as it is or approve staff's recommendation
of Alternative #2.
James Taylor, 6365 69th Street, advised that the State does.
not allow a single-family home on 1/4 acre and wondered why the
County should prepare to allow it in the future. He noted that a
significant portion of the sand ridge is encompassed within the
disputed area anti that the State has suggested that development
be held down to a minimum in these areas because the sand ridge
is essential to water regeneration. He believed that the
Planning staff has done a good job here and if there have been
some questions raised about integrity or intents, then apologies
are hereby made. Mr. Taylor stressed that the Board's
constituency is urging them to designate this area as LD -1.
W. R. Brooche, 6185 65th Street, spoke on average densities
and the open spaces that lower the average densities and gave the
analogy of one man standing with one -foot in hot water and the
other foot in a bucket of ice, so on the average, he was
comfortable.
Anders Nyquist, owner of property in the area, voiced his
objections to the downzoning for the following reasons: 1) North
Winter Beach Road is designated a primary collector*on the
County's Thoroughfare Plan; 2) The majority of this land lies a
short distance from U.S. #1 and Old Dixie Highway; 3) The -new
golf course will be near; 4) A new high school is being proposed
for that area; and 5) The elevation of the sand ridge is very
high and there is no problem with drainage. If the County.
Commission determines that a compromise change should be made
with the Progressive League, then he would suggest that they
approve the County Planning staff's recommendation to rezone only
the property west of the Lateral G Canal to Kings Highway from
RS -6 to RS -3. _
Ted Herzog, representing Larue Equities, Ltd., an interest
holder of property in the area, pointed out that the purpose of
this meeting is to establish general guidelines and that the
47
County has a site plan process to control undesirable
development. He urged the Board to maintain the zoning at 6 upa
as proposed in Alternative #2.
ON MOTION by Commissioner Bird, SECONDED by
COMMISSIONER WODTKE, the Board unanimously (4-0, -
Chairman Scurlock having left the meeting) closed
the Public Hearing.
Commissioner Wodtke felt that we get off track when we
compare zoning densities to land use designations. He asked how
many residents were here today who lived between the canal and
the railroad tracks, and approximately 12-15 people raised their
hands. iq
Attorney Vitunac advised that the purpose of this meeting is
for the Board to adopt a resolution to make the Winter Beach PLUM
the guideline to proper planning for the Winter Beach area.
Commissioner Wodtke suggested that we consider some other
alternatives with respect to the people who are already living
there, instead of doing it with zoning.
81
Vice Chairman Lyons pointed out that this county has very
low densities; 6 upa is low compared to normal densities of
counties to the north and south of us; and 3 units per acre is
somewhat like a desert. He felt we must also remember that
whatever density is determined, it does not keep people from
having a house on 1, 2, 5, 10, 15 or 25 acres.
Commissioner Wodtke realized there was some mixed emotions
from people even those in the Progressive League.
Vice Chairman Lyons called for a Motion for the area west of
the canal.
48
-JUL
23 ?986
BOOK 65 F'° F _11S]
1S]
J U L 2 3. 10j` -j+ BOOK 65 PAGE ®
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Chairman Scurlock abstaining) recommended staff's
recommendation for RS -3 zoning and LD -1 land use
designation for the area bounded by Kings Highway,
North and South Winter Beach Roads and the Lateral G
Canal, excluding the Smith property.
The Vice Chairman next called for a Motion on the area
between Cemetery Road south of South Winter Beach Road and west
of the Lateral G Canal to Kings Highway.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Chairman Scurlock abstaining) recommended that the
property between Cemetery Road, south of South Winter
Beach Road and west of the Lateral G Canal to Kings
Highway remain at LD -2 and RS -4 as in Alternative #1.
The Board then discussed the Smith property west of the
canal, and Commissioner Bowman felt that parcel was closest to
LD -1 and RS -3, and assumed the canal would be the buffer.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Chairman Scurlock abstaining) recommended retaining the
LD -2 land use designation and RS -6 zoning for the
Smith property surrounded by the Kiwanis-Hobart Park.
The Board then discussed the area between Cemetery Road to
South Winter Beach Road, east of the Lateral G Canal.
Commissioner Bowman understood that according to Mr.
Mooney's map, there are only 8 people in that area who are really
concerned about what happens here as opposed to over 100
residents who want to keep the entire area at'3 upa.
49
FA
MOTION WAS MADE by Commissioner Bowman, SECONDED by
Commissioner Bird, that the area from 65th Street
(South Winter Beach Road) to 71st Street (North Winter
Beach Road) and east of the Lateral G Canal be changed
to LD -1 land use designation and RS -3 zoning.
Under discussion, Commissioner Lyons felt the change was
unfair and did not feel that the difference in densities would
make that much difference in how it has been since 1957. He
intended to vote against the Motion.
Commissioner Bowman pointed out that there have been
tremendous changes in that whole neighborhood in the last 30
years. Many people have moved up there from southern Florida and
bought large tracts of land and she did not believe they would
have done so if they thought it would not remain at low
densities.
Commissioner Bird recalled that during the 6 years the Comp
Plan was being developed, they set up ribbons of LD -1 and LD -2
running north and south and the Winter Beach area was included in
the LD -2. Perhaps if the people who worked on the Comp Plan had
6l
taken a closer look at the uniqueness of the corridor between
North and South Winter Beach Roads or if the Winter Beach
residents had been more active in those hearings, we probably
would have designated this corridor as LD -1. He expressed
concern about those owners who purchased large tracts of land in
this area with the LD -2 designation and their ability to use
their property, but noted his concerns are someNhat alleviated by
the fact that property values in this area are going to increase
greatly. Developers will not be hurt because of the lower
densities as they will be able to develop some very high quality
single-family subdivisions next to the golf courses in the area.
Commissioner Wodtke asked Attorney Vitunac what our chances
would be in court when 800 of the property owners are opposed to
a downzoning, and Attorney Vitunac advised that wouldn't be a
50
J U L
BOOK D�
F'AE�
JUL 2 3 1936 BOOK 65 P,�,182
factor because the issue will be whether the property owners have
been left with a reasonable use of their property. The planners
have stated that if it is downzoned to 3 upa, that is a
reasonable use of their property absent of the facts which are
not here today and he was not worried about a court challenge
either way.
Commissioner Wodtke realized there is going to be
development in that part of the county and things are going to
change in certain areas and certainly the 6 upa is not high
density. He felt that we could do some additional work in this
area and bring it back to the Board even though he realized
something could be studied to death.-
THE
eath:
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously (4-0, Chairman
Scurlock abstaining).
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Chairman Scurlock abstaining) adopted Resolution 86-48,
amending the Winter Beach Precise Land Use Map which
provides a general guideline for future development in
the Winter Beach area.
51
1
RESOLUTION NO 86-48
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE WINTER BEACH PRECISE LAND USE MAP
WHICH PROVIDES A GENERAL GUIDELINE FOR FUTURE
DEVELOPMENT IN THE WINTER BEACH AREA; AND
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Winter Beach Precise Land Use Map, which was
adopted on Novemver 13, 1985, did not specify residential types
and maximum density in the area located west of the Florida East
Coast Railroad; and
WHEREAS, the Winter Beach Progressive League expressed
concern over the large amount of land located west of the Florida
East Coast Railroad which is designated for residential use up to
six units per acre; and
WHEREAS, the Board of County Commissioners instructed the
Planning Department to reevaluate the area located west of the
Florida East Coast Railroad between 71st Street (Cemetery Road)
and 65th Street (South Winter Beach Road) and develop several
alternatives for land use and zoning; -and
WHEREAS, the Planning and Zoning Commission has held a public
hearing, concerning the amendment to the Winter Beach Precise Land
Use Map, at which parties in interest and citizens were allowed to
speak; and
WHEREAS, the Board of County Commissioners has held a public
hearing concerning the amendment to the Winter Beach Precise Land
Use Map at which parties in interest and citizens were allowed to
speak;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida:
1. That the foregoing recitals are adopted and ratified in
their entirety.
2. That the attached amendment to the Winter Beach Precise
Land Use Map will be used as a general guide to future zoning and
development in the Winter Beach area.
U U L 2 3 1986 BOOK 65 wa. 183
Fr
i UL'2 3 1986 BOOK 65 F,aUF 84
The foregoing resolution was offered by Commissioner Wodtke
who moved its adoption. The motion was seconded by Commissioner
Bird and, upon being part to a vote, the vote was as
follows:
Chairman Don C. Scurlock, Jr. ABSTAINED
Vice Chairman Patrick B. Lyons Rye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman there upon declared Resolution No. 86-48 ,
adopted and duly passed this23rd day of July , 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
Don C. Scurlock, Jr.,.0 a' man
Attest;
Freda Wright,/ Clerk
APPROVED AS TO FORM
AND LEGAL SUVFICIENCY
Bruce Barkett, Assistant County Attorney
Attachment
a
0
.ma,
UUL 2 3 1986
BOOK10
JE���
PUBLIC HEARING —COUNTY -INITIATED REQUEST TO REZONE 9 ACRES FROM
A-1, AGRICULTURAL DISTRICT, TO RS -6, SINGLE-FAMILY RESIDENTIAL
DISTRICT (FOPASCLO)
The hour of 9:45 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Notice ofoecnengPueLtcHeARtNo
Count' to eonsider tare Woptwn
Vero Beach, Indian River County, Florida Df= to R� 9 = tram: A•1, Agrreultural
WF Residential OW
met. The suoiect wotxxry b Weseri9Y bCateC;
W tiro south side Ot Nath W.W Beach l Road
COUNTY OF INDIAN RIVER: STATE OF FLORIDA and approximately SW feel WOW of the Road
East Coast Radroed. 99
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath The afged �o�m baaeerlF THEN
HE
says that he is Business Manager of the Vero Beach Press -Journal, a dais news THE EAST 4h ACRES OF THE NORTH 1
Y paper published % O THE NORTH % O THE NORTH.
1
at Vero Beach in Indian River County, Florida: that the attached copy of advertisement, being WEST % O THE HRIHWEST 6 O 1
SECTION TOWNSHIP 325. RANGE I
39E; ANO THE EAST 4ts ARES O THE
a �f ORTH V.
NORTHSOUTHWESTF THE
THE NRTHWEST
/J G OF SECTION tQ TOWNSHAll
IP 325,
•L(' DIAN RIVER COUNTY, FLORIDA. CON. I
in the matter of -,//!q- D ! ' TAINING 9.0 ACRES, MORE OR LESS.
Tha Board of County Commissioners w3! mr�I
r ` ' G G - T !r" 1 •,/ �' /Q /C (! 4 /p r duct a public heanfq rega,d,r,g me appsai bre
the epW'Cant of the aeeiaron by dro Planning a
Zoning commrssron to a" the rezoning
In the 4uesi The PUNIC =nn9. at which pa a m
_Court, was pub- terse! era erhzerro ensu have en opnarunny td
be heard. wig tro held by rhe Saeid of County
//( 7 / / 1 Canmiawonere of Inonin Rner County, Planta.
lished in said ney+spaper in the Issues of ' ,! r Comb A�antn yaCo� � Chemosis or tiro
e. ✓ County Street. Vero Beach, F on WRiCatea at needay.y.
JulIyy 23, 1989, at 9:45 a.m.
The Board of County
grant a rezoning to a IM mteroo zmf an
Nan the CIMMW Mounted provided JL
m M aN
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Ne same 9enerel use category.
Vero Beach, in said Indian River County, Florida. and that the said newspaper has heretofore ,uhx�n r�iraey owe it a ai bb ipp081 any
been continuously published in said Indian River County, Florida, each daily and has been ensure thataverbehm raaoreor ilio wmm«need to
entered as second class mail matter at the post office In Vero Beach, in said Indian River Coun• is Made. Which Include --nor, aro evaarrn
ty, Florida, for a, period of one year next preceding the first publication of the attached co of upon whxh the appeal o based.
advertisement: and affiant further says that he has neither paid nor promised an pY , firm Bard of cRiveirounty my
or corporation any discount, rebate. commission or refund for the purpose of recur ng this a a� C.rySt'udodr� '
advertisement for publication to the said newspaper. Jury 2.1) 198a
% 7
Sworn to and subscribed be ro me rs ! �dl.ayofr' A. D. 19 .T
rine;`:Managed
(SEA,) (Clerk�f the Circuit Court, Indian River C nty, Florida)
Staff Planner Jeff Goulet presented the following staff
recommendation dated 7/9/86:
TO: The Honorable Members DATE: July 9, 1986 FILE:
of the Board of County
Zoning Commissioners
DIVISION HEAD CONCURRENCE:
1�COUNTY-INITIATED REQUEST
SUBJECT: TO REZONE 9 ACRES
Robert M. Kea g,CP FROM A-1, AGRICULTURAL
Planning & Dev lopm�t Director DISTRICT TO RS -6,
SINGLE-FAMILY
RESIDENTIAL DISTRICT
HROUGH: Richard Shearer, AICP (UP TO 6 UNITS/ACRE)
FRD,fhief , Long -Range Planning REFERENCES:
Jeffrey A. Goulet qA�=i ZC-189 Memo
Staff Planner, Long -Range Planning JEFF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 23, 1986.
54
DESCRIPTION & CONDITIONS
The County is initiating a request to rezone 9 acres located on
the south side of North Winter Beach Road and approximately 600
feet west of the Florida East Coast Railroad from A-1,
Agricultural District, to RS -6, Single -Family Residential
District (up to 6 units/acre).
On February 13, 1986, the Planning and Zoning Commission voted
3 -to -0 to deny a request from Fopasclo Developers, Inc., to
rezone the subject property to RM -6, Multiple -Family Residential
District (up to 6 units/acre). The commission based their
decision on the fact that they felt a rezoning to a
multiple -family zoning district was premature and that the
existing 300 feet of multiple -family zoning located east of the
subject property was adequate to buffer the light industrial
zoning further to the east from the single-family zoning to the
west. They also felt that an increase in the amount of
multiple -family zoning was not appropriate due to the
single-family residential character of the surrounding area. The
applicants appealed this decision.
On April 2, 1986, the Board of County Commissioners allowed
Fopasclo Developers, Inc. to withdraw the appeal of the Planning
and Zoning Commission's decision.- However, the Board mentioned
that they would look more favorably on a request to rezone the
subject property to RS -6, Single -Family Residential District (up
to 6 units/,acre). On April 9, 1986, the Board discussed this
issue briefly and directed the staff to initiate this rezoning
,.request to rezone the subject property to RS -6.
Due to the controversy brought about by the two recent rezoning
applications requesting multiple -family zoning on North Winter
Beach Road, the Board of County Commissioners directed the staff
to reevaluate the Winter Beach Small Area Plan and Precise Land
Use Map. The staff has prepared two alternative future land use
and zoning proposals for .the area located west of the F.E.C.
Railroad and east of King Highway along North Winter Beach Road.
These alternatives are outlined in the reconsideration of the
Winter Beach Precise Land Use Map agenda item.
On May 8, 1986, the Planning and Zoning Commission voted 5 -to -0
to table action on this request. The Commission felt that they
could not make a decision until additional information concerning
the revision of the Winter Beach Precise Land Use Map was
available.
On June 12, 1986, the Planning and Zoning Commission voted 2 -to -2
to recommend denial of this request. The Planning Department, on
behalf of the Board of County Commissioners, appealed this
decision.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The analysis will include a descrip-
tion o.f 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 presently being utilized as a landscape
nursery. North and west of the subject property are
single-family residences and vacant land zoned RS -6. The land
located to the south is vacant and zoned RS -6. The land
immediately east of the subject property is vacant and zoned RS -6
and RM -6. Further to the east is a computer .business located on
the north side of North Winter Beach Road and vacant land zoned
IL, Light Industrial District. A mixture of residential and
heavy commercial uses is located east of the railroad.
55
JUL 23 1986 BOOK 65 FAGc187
rp�__
JUL 23 1986 BOOK 65 PAGE
Future Land Use Pattern
The Comprehensive Plan designates the subject property and the
property to the north, south, west and immediately east of it as
LD -2, Low -Density Residential 2 (up to 6 units/acre).
Approximately 300 feet east of the subject property is land
designated as part of the U.S. 1 MXD, Mixed -Use Corridor (up to 6
units/acre).
The proposed rezoning is in conformance *with the LD -2 land use
designation, is consistent with the Winter Beach Small Area Plan
and Precise Land Use Map which designates this property as
residential at a density of up to 6 units/acre, and is consistent
with the existing RS -6 zoning of the land surrounding the subject
property.
Transportation System
The subject property has primary access to North Winter Beach
Road (classified as a primary collector on the Thoroughfare
Plan). Both U.S. #1 (classified as an Arterial) and Old Dixie
Highway (classified as a Secondary Collector) could also be
impacted due to development of this site. The maximum develop-
ment which could occur on the subject property with the proposed
RS -6 zoning would generate approximately 391 average annual daily
trips. This extra traffic would not significantly affect the
current levdl-of-service "A" which exists on North Winter Beach
Road, U.S. #1, and Old Dixie Highway.
Environment
The subject property is not designated as environmentally sensi-
tive nor is it in a flood -prone area. The subject property has
excessively well drained soils and is located in the transition.
area of the sand ridge primary aquifer recharge area.
Utilities
The subject property is not presently served by County water or
sewer facilities. However, the County is planning to construct a
water main along North Winter Beach Road between 1988 and 1992.
RECOMMENDATION
Based on the above analysis; staff recommends approval.
Commissioner Wodtke asked how this meeting was advertised,
and Mr. Goulet advised that the rezoning was advertised for RS -6
and RS -3.
Attorney Vitunac explained that the Board Jnay grant a
rezoning to a less intense zoning district than the zoning
requested provided it is within the general use category.
Vice Chairman Lyons opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Henry Mueller, local developer, questioned if this property
is in the area that the Board just zoned at 3 upa, and Planner
Goulet confirmed that it is. Dan Ford of Terra Nurseries, owner
56
of the property in question, stated that originally they had
requested RS -6 but would like to go along with the request for
RS -3 zoning.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
closed the Public Hearing.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously (4-0, Chairman
Scurlock abstaining) adopted Ordinance 86-50, rezoning
9 acres from A-1, Agricultural District, to RS -3,
Single -Family Residential District
57
0
800K 65 UGE189
I
UL 23 1986
ORDINANCE NO. 86-50
BOOK 65 F� a 1,90
7/9/86
jeff
LR -Planning
JAG/vh
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP.
FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVEDATE.
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:
M
THE EAST 4 ' ACRES OF THE NORTH j OF THE NORTH i OF THE
NORTHWEST OF THE NORTHWEST i OF SECTION 10, TOWNSHIP 32S,
RANGE 39E; AND THE EAST 4 ACRES OF THE SOUTH I OF THE
NORTH i OF THE NORTHWEST OF THE NORTHWEST j OF SECTION 10,
TOWNSHIP 32S, RANGE 39E. ALL LANDS LYING IN INDIAN RIVER
COUNTY, FLORIDA. CONTAINING 9.0 ACRES MORE OR LESS.
Be changed from A-1, Agricultural District, to RS -3,
Single -Family Residential District
All with the meaning and intent and as set forth and described in
said Zoning Regulations.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this23rdday
Of July , 1986.
r
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By / G
Don C. Scurlock, Jr., airman
ATTEST BY: %
Fred Wright, Cle 4r
' i
Chairman Scurlock returned to Chambers and took over the
gavel from Vice Chairman Lyons.
ORDINANCE AUTHORIZING -ONE-HALF MILL INCREASE FOR NORTH INDIAN
RIVER COUNTY FIRE DISTRICT
The hour of 11:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of_L%��'�?°.!G?'-
In the 4
A Court, was pub.
lished in said newspaper in the issues of %L/ "o. If&
41
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 subscrib bet me I ."O day of �-`�' � A.D. to 9-1.1
,(Bu r pss Manager!
(SEAL) (Clerk of the Circuit Cou t, India River County, Florida(
PUdUC NOTICE
The Board ofCaunry Commucvariero d Indian
River County, floods, vm Conduct a Public
ro='=23fa�maBlo
Street, Vero Beach, FL 32960, to Consider Me
adootwn of an ordinance entdled:
AN ORDINANCE OF INDIAN RIVER
COUNTY, FLORIDA, AMENDING ORDI-
NANCE NO 80.5 BY INCREASING THE
AUTHORIZED MILLAGE OF THE
NORTH INDIAN RIVER COUNTY FIRE
DISTRICT BY ONE-HALF MILL RESULT-
ING IN A MAXIMUM OF ONE MILL: AU-
THORIZING A REFERENDUM ELEC-
TION: PROVIDING AN EFFECTIVE
DATE.
Anyone aha may wish to appeal any daciaran
whIch may be made at this meeting will need to
snare mat a witatun record of the ofoceeamgs
m made "Ich includes the tastmwrny and avr-
dexo span whIch the aoaeal wtu be based.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
DON C. SCURLOCK. JR., CHAIRMAN
June 28. t 986
8
Attorney Vitunac advised that in placing this millage
increase on the ballot this Board is acting as the Board of
County Commissioners, not as the North Indian River County Fire
District Commission.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter. There were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously closed
the Public Hearing.
�JUL 2 3 1986
59
BOOK 65 FacE 131
JUL. 2`3 1986
BOOK 65 PACE 192
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously adopted
Ordinance 86-51, amending Ordinance 80-5 by
increasing the authorized millage of the North Indian
River County Fire District by one-half mill resulting
in a maximum of one mill; and authorizing a referendum
election.
M
60
IE
6/6/86(0-3(Vk)
10
INDIAN RIVER COUNTY ORDINANCE NO. 86- 51
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 80-5
BY INCREASING THE AUTHORIZED MILLAGE
OF THE NORTH INDIAN RIVER COUNTY FIRE
DISTRICT BY ONE-HALF MILL RESULTING IN
A MAXIMUM OF ONE MILL; AUTHORIZING A
REFERENDUM ELECTION; PROVIDING AN EFFEC-
TIVE DATE.
WHEREAS, the North Indian. River County Fire District
was created by Ordinance No. 80-5; and
WHEREAS, pursuant to that ordinance, a referendum was
1
held in which the voters of the District approved a millage levy
not to exceed one-half mill upon all real and tangible property
within the boundaries of the District; and
WHEREAS, the North Indian River County Fire District
Advisory Board has recommended that the authorized millage be
increased from one-half mill to one mill; and
WHEREAS, such an increase can be accomplished only if
.q
approved by the governing bodies of the municipalities in the
District and by the voters within the District by Referendum;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. INCREASED MILLAGE AUTHORIZED
Section 21-34, "Referendum Election Required," of the
Indian River County Code, which reads as follows: ,
"Section 21-34, Referendum Election Required.
Notwithstanding any provision to the contrary herein,
this ordinance shall not take effect until a referendum election
shall have been held wherein the voters resident within the said
Fire District have authorized the assessment of a millage levy not
in excess of one-half mill by the governing board of the said
District upon all real and tangible property within the boundaries
thereof and for its support, pursuant to Section 9(b), Article VII
of the Florida Constitution of 1968, as amended, and Section
125.01(5)(c), Florida Statutes. Such election shall be held on
March 11, 1980." is repealed and replaced as follows:
"Section 21-34, Authorized Millave
The North County Fire District is authorized to levy an
ad valorem property tax not in excess of one mill per year to raise
funds for the support of the district."
BOOK PACE 193
'JUL 213 1986
Bou 65 PAGE 194
SECTION 2. REFERENDUM TO BE HELD
The Board of County Commissioners of Indian River County
hereby authorizes and directs the holding of a referendum election
in the North Indian River County Fire District to be held on
November 4, 1986, at which election those qualified electors of the
District shall vote on the following question:
Shall the authorized millage of the North
Indian River County Fire District be increased
from one-half mill to one mill per annum on each
dollar value of taxable property within the
District to cover the expenses of the District?
FOR INCREASED MILLAGE
AGAINST INCREASED M.ILLAGE
SECTION 3. EFFECTIVE DATE
Should the majority of the electors at the election vote
for the increased millage, this ordinance (No. 86-51 ) shall become
effective upon receipt from the Secretary of State of Flnridn of
official acknowledgment that this ordinance has been filed with the
Department of State; otherwise, this ordinance shall be a nullity.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida, on this 23rd day of July
1986.
Approved as to form
and legal suffi iency:
Charles P. Vitunac
County Attorney
a
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By / C ,
Don C. Sctirlock, J
Chairman
Acknowledgment by the Department
28th
of State
of the State
of Florida,
this day of July
1986.
Effective Date: Acknowledgment
from the
Department
of State,
received on this 1� st day of
August
111986,
at 10:00
r
A.M. /P.M. and filed in the Office of the
Clerk of the
Board of
County Commissioners of Indian River County,
Florida.
-2-
.- M
L- —1
The Board thereupon recessed for lunch at 12:30 o'clock P.M.
and reconvened at 1:45 o'clock P.M. with the same members
present, except for Chairman Scurlock and Attorney Vitunac who
were meeting on another issue in the building.
PUBLIC HEARING - _PRELIMINARY _ASSESSMENT _ROLLS FOR PETITION
PAVING OF: ,
1) 37th AVENUE; 2) 77th_COURT; _3) 7th AVENUE; and 4) 1st LANE
The hour of 11:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication, to
wit:
KI
,JUL N 1986
63
BOOK f'A;E 195
\1�
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 dally newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a / tw
in the matter
114 /Is e
in the
Court, was pub-
lished in said newspaper in the issues of
- v
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 matterat 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 a this
may of / - A.D. 19 f G-
7 ,�
(SEAL) (Clerk of the Grcuit
1 Court, Indian River. unty, Floritla)
WHEREAS, Indian River County shall pay the
remaining twenty-five percent (25%) of the total
cost of the project; and
WHEREAS. any special assessment not maid
within said ninety (90) day period shall bear in-
terest beyond the due date at a rate established
by the Board of County Commissioners at the
time of preparation of the final assessment roll,
and shall be payable in two (2) equal install-
ments, 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
WHEREAS. after examination of the nature
and anticipated usage of the proposed improve-
ments, the Board of County Commissioners has
determined that the following described proper-
ties shall receive a direct and special benefit
from these improvements, to wit:
t
a) 77th Court (Avenue 2) 388' South of
Roseland Road
Lot 1, Block 2; Lots 9 through 12, Block
2; Lots 5 through 9. Block 1; VanBergen
and Hendrys Addition to Roseland Unit
1, according to the plat recorded in Plat
Book 3, Page 39, Public Records of In-
dian River County, Florida
b) 37th Avenue between 10th and 12th
Streets
Lots 1 through 10, Block H: Lots 1
through 9, Block G; Lots 11 through 20,
Block J: Malaluka Gardens Subdivision
as recorded in Plat Book 2 Page 25, St.
Lucie County, Florida and now situate in
Indian River County, Florida.
c) 7th Avenue between 10th and 12th
Streets
Lot 1, through 11. Block 1 of Casa Ric
Subdivision as recorded in Plat Book
Page 81 of the Public Records of India
River County and Lots 1 and 15. Dona
erle Subdivision as recorded in PI
Book 3, Page 40, Public Records of
than River County, Florida. and
Commencing at a concrete monu
on the Southwest corner of the East
half of Lot 2, Vero Land Company
division, recorded in Plat Book 3,
19, St. Lucie County, public record
being situate in Indian River C
thence continue North 259.18 feet
Point of Beginning; thence run
228.5 feet: thence run South 136.4
thence run West 228.5 feet; thenc
North 136 49 feet 10 the point of
ping, and,
South 122.69 feet of the West 15
East one-half of Lot 2, Vero Land
pany's Subdivision as recorded in
Book 3, Page 19 of the Public recor
St. Lucie County now being situate h
than River County, Florida.
d) 1st Lane between 27th and 32nd
nues
Lot 1, throuch 15 Rlock K• Lots �B
. ui � vui i tAvunuu e) 4" bduth of
Roseland Road
Lot 1, Block 2; Lots 9 through 12, Block
2: Lots 5 through 9, Block 1; VanBergen
and Hendrys Addition to Roseland Unit
1, according to the plat recorded in
Book 3, Page 39, Public Records of In-
dian River County, Florida
b) 37th Avenue between 10th and 12th
Streets
Lots 1 through 10, Block H; Lots 1
through 9, Block G: Lots 11 through 20,
Block J: Malaluka Gardens Subdivision
as recorded in Plat Book 2 Page 25. St.
Lucie County, Florida and now situate in
Indian River County, Florida.
c) 7th Avenue between 10th and 12th
Streets
Lot 1, through 11. Block 1 of Casa Rio
Subdivision as recorded in Plat Book 1
Page 81 of the Public Records of Indian
River County and Lots 1 and 15, Donam-
erle Subdivision as recorded in Plat
Book 3, Page 40, Public Records of In-
dian River County, Florida, and
Commencing at a concrete monument
on the Southwest comer of the East one-
half of Lot 2, Vero Land Company Sub-
division, recorded in Plat Book 3, Page
19, St. Lucie County, public records now
being situate in Indian River County. .
thence continue North 259.18 feet to the
Point of Beginning; thence run East
228.5 feet: thence run South 136.49 feet;
thence run West 228.5 feet; thence run
North 136.49 feet to the point of begin-
ning, and,
South 122.69 feet of the West 159' of
East one-half of Lot 2, Vero Land Com-
pany's Subdivision as recorded in Plat
Book 3, Page 19 of the Public records of
St. Lucie Countynow being situate in In-
dian River County, Florida.
d) 1st Lane between 27th and 32nd Ave-
nues
Lot 1, through 15, Block K; Lots 16
through 30 Block G; Vero Beach Home -
sites Unit 1 as recorded in Plat Book 3,
Page 33; Lot 2 through 7. Lot 9, Block A;
Lot 1, Lots 3 through S. Block B; Vero
Beach Homesites Unit 1-A as recorded in
Plat Book 3, Page 61 public records In-
dian River County, Florida.
BOOK 65 PvE 296
win nolo a puouc heanng at 11'15 AM or
Wednesday, July 23, 1986 in the Coinmissior
Chambers located at 1840 25th Street, Verc
Beach. Florida, to consider adoption f the ta.
lowing proposed resolution:
RESOLUTION NO. 86-
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING
FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENT TO 77TH COURT (AVE-
NUE 2) 388' SOUTH ROSELAND ROAD;
37TH AVENUE BETWEEN 10TH AND
12TH STREET: 7TH AVENUE BETWEEN
10TH AND 12TH STREETS; IST LANE
BETWEEN ND 32ND AVENUES -
PROVIDING THE
EATOTAL ESTIMATED
COST, METHOD OF PAYMENT OF AS-
SESSMENTS, NUMBER OF ANNUAL IN-
STALLMENTS, AND LEGAL DESCRIP-
TION OF THE AREA SPECIALLY BENE-
FITED.
WHEREAS, the County Public Works Depart-
ment has received a public improvement peti-
tion, signed by more than % of the owners o
properly in the area to be specially benefited, r
questing paving and drainage improvements t
77th Court (Avenue 2) 388' south of Roselan
Road; 37th Avenue between 10th and 12th
Streets: 7th Avenue between 10th and 12tH
Streets, 1st Lane between 27th and 32nd Ave -i
nues: and
WHEREAS, the petition has been verified and)
meets the requirements of Section 11-23, Indian
River County Code Of Laws and Ordinances,*and
design work including cost estimates has been
Completed by the Public Works Division; and
WHEREAS, the total estimated cost of the pro-
posed improvements is $100,970.94; and
WHEREAS, the special assessment provided
hereunder shall, for any given record owner of
properly within the area specially benefited, be
in an amount equal to that proportion of seventy-
five percent (75%) of the total cost of the projec
which the number of lineal feet of road frontag
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 assessments
Pursuant to Section 11-34, Indian River County
Code of Laws and Ordinances; and
NOW THEREFORE, BE IT RESOLVED BY THE
OARD OF COUNTY COMMISSIONERS OF IN -
IAN RIVER COUNTY. FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratt-
ed in their entirety.
2. A project providing for paving and drainage:
outh of Roseland Rrovements to t ad, 37th (Avenueh Court enue between
0th and 12th Streets, 7th Avenue between 10th
ind 12th Streets, 1st Lane between 27th and
12nd Avenues; heretofore designated as Public
Norks Project No's. 8615, 8616, 8617. 8618 is
iereby approved subject to the terms outlined
above and 811 applicable requirements of Section
11-34, Indian River County Code of Laws and
Ordinances.
The foregoing resolution was offered by Com-
missioner , Who moved its adop
tion. The motion was seconded by Commis-
sioner and. upon being put to a
vote, the vote was as follows:
Chairman Don C. Scurlock, Jr.
Vice -Chairman Patrick B. Lyons
Commissioner Margaret C. Bowman
Commissioner Richard N. Bird
Commissioner William C. Wodtke, Jr.
The Chairman thereupon declared the resolu-
on duly passed and adopted this day
f . 1986.
OF INDIAN RIVER COUNTY. FLOR DAS
By
DON C. SCURLOCK, JR.
Chairman
)A WRIGHT. Clerk
LOVED AS TO FORM
LEGAL SUFFICIENCY
IN Attorney's Office
DLEASE TAKE FURTHER NOTICE that at the
same public hearing, the Board of County Com-
missioners shall also hear all interested person
regarding the proposed roll for the improve-
ments described in the above resolution. Th
Preliminary Assessment Roll and Petition is cur.
rently on tile with the Public Works Division anc
is open for inspection between the hours of 8:30
AM and 5:00 PM, Monday through Friday.
It a person decides to appeal any decision made
by the Commission with respect to any matter
considered at this hearing, he will need a record
of the proceedings, and that, for such purpose.
the many need to ensure that a verbatim record)
of the proceedings is made. which record in-
cludes the testimony and evidence upon which
the appeal is to be based.
Indian River County
Tommy Thomas
�►lnwanp County Administrator
or
The Board reviewed the following memo dated 7/14/86:
TO: THE HONORABLE MEMBERS OF DATE: July 14, 1986 FILE:
THE BOARD OF COUNTY COMMISSIONERS
THROUGH:
L.S. Thomas
Acting County Administrator Public Hearing to consider
SUBJECT: resolution providing for the
Ralph �$rescia, P.E. paving of: 1) 37th Avenue
County Engineer 2) 77th Court..
xd`) 3) 7th Avenue
4) 1st Lane
FROM: Michelle A. Terry REFERENCES:
Civil Engineer
DESCRIPTION AND CONDITIONS
Petitions have been received from property owners of the following
streets:
9
37th Avenue between 10th -Street &
$35,338.72, 68% consent)
77th Court (Ave 2) 388' South of
$9,375.51, 71% consent)
7th Avenue between 11th Street &
$17,223.76, 73% consent)
12th Street (Preliminary Cost
Roseland Road (Preliminary Cost
12th Street (Preliminary Cost
1st Lane betwen 27th Avenue & 32nd Avenue (Preliminary Cost
$39,032.95, 67% consent)
Preliminary assessment rolls have been prepared for the paving and
drainage improvements. The total cost of these projects is
approximately $100,970.94. There is approximately $98,501.77 in the
FY85-86 budget for Petiton Paving, Account No. 703-214-541-035.39. As
money from other roads is replenished to the Petition Paving Account,
these roads will be paved.
Also, advertisement of the public hearing and notification to the
property owners has been performed.
RECOMMENDATION AND FUNDING
After consideration of the public input provided at the public
hearing,it is recommended 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 $100,970.94 from the Petition Paving Account to fund this
work.
4) The Road and Bridge Department be notified to schedule construction
probably in September, 1986 or when funding is available.
64
Boor 65 Mail 49. 8 •
Vice Chairman Lyons opened the Public Hearings for all four
petition paving preliminary assessment rolls and asked if anyone
wished to be heard in these matters There were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously closed
the Public Hearing.
1) 37th_ Avenue_ between 10th and 12th Streets
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously�(4-0,
Chairman Scurlock being temporarily out of the room)
adopted Resolution 86-44 providing for certain paving
and drainage improvements to 37th Avenue between 10th
and 12th Streets; approved the preliminary assessment
roll; agreed to allocate $35,338.72 from the Petition
Paving account; and instructed the Road & Bridge Dept.
to schedule construction for September, 1986 or when
funding is available.
0
PRELIMINARY ASSESSMENT ROLLS ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
2) 77th Court (Ave 2) 3881 south of Roseland Road
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Chairman Scurlock being temporarily out of the room)
adopted Resolution 86-45, providing for certain paving
and drainage improvements to 77th Court (Avenue 2) 388'
feet south Roseland Road; approved the preliminary
assessment roll; agreed to allocate $9,375.51 from
the Petition Paving account; and instructed the Road &
Bridge Dept. to schedule construction for September,
1986 or when funding is available.
65
PRELIMINARY ASSESSMENT ROLLS ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
3)_ 7th Avenue between 11th Street and 12th Street
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Chairman Scurlock being temporarily out of the room)
adopted Resolution 86-46, providing for certain paving
and drainage improvements to 7th Avenue between 11th
Street and 12th Street; approved the preliminary
assessment roll; agreed to allocate $17,223.76 from the
Petition Paving account; and instructed the Road &
Bridge Dept. to schedule construction for September,
186 or when funding is available.
PRELIMINARY ASSESSMENT ROLLS ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
4) 1st Lane between 27th and 32nd Avenues
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Chairman Scurlock being temporarily out of the room)
adopted Resolution 86-47, providing for certain paving
and drainage improvements to 1st Lane between 27th and
32nd Avenues; approved the preliminary assessment roll;
agreed to allocate $39,032.95 from the Petition Paving
account; and instructed the Road 6 Bridge Dept. to,
schedule construction for September, 1986 or when
funding is available.
PRELIMINARY ASSESSMENT ROLLS ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
66
JUL 2 3 Bou 65 Fc -P-199
L
. .4
F7
J a
�L.23 19861
BOOK
RESOLUTION NO. 86- 44
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN'RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND DRAINAGE IMPROVEMENT TO 37TH AVENUE
BETWEEN 10TH AND 12TH STREET; PROVIDING
THE TOTAL ESTIMATED COST, METHOD OF
PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
INSTAIU,4ENTS, 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 37th Avenue between 10th and 12th Streets; and
VdMEAS, the petition has been verified and meets the
requirements of Section 11-23, Indian River County Code of Laws and
Ordinances, and design work including cost estimates has been completed
by the Public Works Division; and
WHEREAS, the total estimated cost of the proposed im-
provements is $35,338.72; and
a 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 Section 11-34, Indian River County
Code of Laws and Ordinances; and 0
WHEREAS, Indian River County shall pay the remaining
twenty-five percent(25a) 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
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
WHEREAS, 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 from these improvements, to wit:
37th Avenue between 10th and 12th Streets
Lots 1 through 10, Block H; Lots 1 through 9, Block G;
Lots 11 through 20, Block J; Malaluka Gardens Subdivision
as recorded in Plat Book 2 Page 25, St. Lucie County,
Florida and now situate in Indian River County, Florida.
IDI'DI •• . • Do : W • • ;AW4
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving and drainage improve-
ments to 37th Avenue between 10th and 12th Streets; , heretofore
designated as Public Works Project No.8615, is hereby approved subject
to the terms outlined above and all applicable requirements of Section
11-34, Indian River County Code of Laws and Ordinances.
The foregoing resolution was offered by Commissioner
Bird Who moved its adoption. The motion was seconded by Cammis-
sioner Bowman and, upon being put to a vote, the vote was as
follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Patrick B. Lyons Aye
Commissioner..Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 23rd day of July Q , 1986.
Attest:hZ,=��P<
FREDA WRIGHT, Cle
APPROVED AS TO FORM
AND LEGAL SUEFIC
ZkBy
County Attorney's Office
"JUL 23 196
L,
BOARD OF COUNTY CONA?LSSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By .K
DON C. SCURL Z, JR.
Chairman
BOOK 65 PAGE 201
10
F'r- I
J 1JL_ 2 3 1986 Box 65 Pct- 202 10
RESOLUTION NO. 86- 4 5
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND DRAINAGE IMPROVEMENT TO 77TH COURT
(AVENUE 2) 388' SOUTH ROSELAND ROAD;
PROVIDING THE TOTAL ESTIMATED COST, METHOD
OF PANNI' OF ASSESSMENTS, NUMBER OF
ANNUAL INSTAT.rMMS , AND LEGAL DESCRIPTION
OF THE AREA SPECIALLY BENEFITED.
WHEREAS, the County Public Works Department has received
I. _
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 77th Court (Avenue 2) 388' south of Roseland
Road; and
WHEREAS, the petition has been verified and meets the
requirements of Section 11-23, Indian River County Code of Laws and
Ordinances, and design work including cost estimates has been completed
by the Public Works Division; and
WHEREAS, the total estimated cost of the proposed im-
provements is $9,375.51; and
WfEREAS, 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
(75%) 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 nunber of
lineal feet of road frontage within the area specially benefited, and
shall became due and payable at the Office of the- Tax Collector of
Indian River County ninety (90) days after the final determination of
0
the special assessment pursuant to Section 11-34, Indian River County
Code of Laws and Ordinances; and
%IHMEAS, Indian River County shall pay the remaining
twenty-five percent(25o) 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
established by the Board of County Carmissioners 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
WHEREAS, 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 from these improvements, to wit:
77th Court (Avenue 2) 388' South of Roseland Road
Lot 1, Block 2; Lots '9 through 12, Block 2; Lots 5
through 9, Block 1; VanBergen and Hendrys Addition to
Roseland Unit 1, according to the plat recorded in Plat
Book 3, Page 39, Public Records of Indian River County,
Florida
NOW THEFITORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN 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 77th Court (Avenue 2) 388' south of Roseland Road, heretofore
designated as Public Works Project No.8615, is hereby approved subject
to the terms outlined above and all applicable requirements of Section
0
11-34, Indian River County Code of Laws and Ordinances.
The foregoing resolution was offered by Ccmni.ssioner
Bird Who moved its adoption. The motion was seconded by Commis-
sioner Bowman and, upon being put to a vote, the vote was as
follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Patrick B. Lyons Aye
Commissioner Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Cammi_ssioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 23rd day of July , 1986.
I
Attest:,,������_
FRIDA WRIGHT, Clem
APPROVED AS TO FORM
AND LEGAL SUFFICIENQY
C6unty Attorney's Office
BOARD OF COUNTY COYMSSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
0 0 N I I - 4. /
BOOR Fri r O�
10
JUL 23 1986
BOOK
RESOLUTION NO. 86- 46
A RESOLUTION OF THE BOARD OF COUNTY
Ca4V7iSSIONERS OF INDIAN RIVER COUN'T'Y,
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND DRAINAGE IMPROVEMENT TO 7TH AVENUE
BETWEEN 10TH AND 12TH STREETS; PROVIDING
THE TOTAL EST]MATED COST, METHOD OF
PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE
AREA SPECIALLY BENEFITED.
65 PaCE204 10
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 7th Avenue between 10th and 12th Streets; and
W1EREAS, the petition has been verified and meets the
requirements of Section 11-23, Indian River County Code of Laws and
Ordinances, and design work including cost estimates has been completed
by the Public Works Division; and
WHEREAS, the total estimated cost of the proposed im-
provements is $17,223.76; 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
(75%) 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 Section 11-34, Indian River County
Code of Laws and Ordinances; and
WHEREAS, 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
established by the Board of County Ccannissioners 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
WHEREAS, 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 from these improvements, to wit:
7th Avenue between 10th and 12th Streets
Lot 1, through 11, Block 1 of Casa Rio Subdivision as
recorded in Plat Book 1'Page 81 of the Public Records of
Indian River County and Lots 1 and 15, Donamerle
Subdivision as recorded in Plat Book 3, Page 40, Public
Records of Indian River County, Florida, and
Commencing at a concrete monument on the Southwest corner
of the East one-half of Lot 2, Vero Land Company
Subdivision, recorded in Plat Book 3, Page 19, St. Lucie
County, public records now being situate in Indian River
County,, thence continue North 259.18 feet to the Point
of Beginning; thence run East 228.5 feet; thence run
South 136.49 feet; thence run West 228.5 feet; thence run
North 136.49 feet to the point of beginning, and,
South 122.69 feet of the West 159' of East one-half of
Lot 2, Vero Land Company's Subdivision as recorded in
Plat Book 3, Page 19 of the Public records of St. Lucie
County now being situate in Indian River County, Florida.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
19
their entirety.
1. The foregoing recitals are affirmed and ratified in
2. A project providing for paving and drainage improve-
ments to 7th Avenue between 10th and 12th Streets, heretofore designated
as Public Works Project No.8617, is hereby approved subject to the terms
outlined above and all applicable requirements of Section 11-34, Indian
River County Code of Laws and Ordinances.
The foregoing resolution was offered by Commissioner
0
Bird Who moved its adoption. The motion was seconded by Commis-
sioner Bowman and,, upon being put to a vote, the vote was as
follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Patrick B. Lyons Aye
Commissioner Margaret C. Bowman Aye
Conmissioner Richard N. Bird Aye
Commissioner William C. Wodtke, Jr. a Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 23rd day of July , 1986.
Attest:
FREDA WRIGHT, Clerk/'
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By 9) .
County Attorney's Office
J U L 2 3 1986
BOARD OF COUNTY COMUSSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
JUL 2 3 1,949
BOOK
RESOLUTION NO. 86- 4 7
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND DRAINAGE IMPROVEMENT TO 1ST LANE
BETWEEN' 27TH AND 32ND AVENUES; PROVIDING
THE TOTAL ESTIMATED COST, METHOD OF
PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
INSTAL UA]E NTS , AND LEGAL DESCRIPTION OF THE
AREA SPECIALLY BENEFITED.
65 PAGE 206
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 1st Lane between 27th and 32nd Avenues; and
WHEREAS, the petition has been verified and meets the
requirements of Section 11-23, Indian River County Code of Laws and
Ordinances, and design work including cost estimates has been completed
by the Public Works Division; and
WHEREAS, the total estimated cost of the proposed im-
provements is $39,032.95; and
a 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
(75%) of the total cost of the project -which the number of lineal feet
of road frontage awned 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 Section 11-34, Indian River County
Code of Laws and Ordinances; and
0
WHEREAS, Indian River County shall pay the remaining
twenty-five percent(25a) 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
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
WIBEREAS, 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 fra m these improvements, to wit:
1st Lane between 27th and 32nd Avenues
Lot 1, through 15, Block K; Lots 16 through 30 Block G;
Vero Beach Homesites Unit 1 as recorded in Plat Book 3,
Page 33; Lot 2 through 7, Lot 9, Block A; Lot 1, Lots 3
through 8, Block B; Vero Beach Homesites Unit 1-A as
recorded in Plat Book 3, Page 61 public records of Indian
River County, Florida.
NOW THEREFORE, BE IT RESOLVED By THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving and drainage improve-
ments to 1st Lane between 27th and 32nd Avenues, heretofore designated
as Public Works Project N0.8618, is hereby approved subject to the terms
outlined above and all applicable requirements of Section 11-34, Indian
River County Code of Laws and Ordinances.
49 The foregoing resolution was offered by Cmmissioner
Bird Who moved its adoption. The motion was seconded. by Commis-
sioner Bowman and, upon being put to a vote, the vote was as
follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Patrick B. Lyons Aye
Commissioner Margaret C. Bowman Aye
Ccmnissioner Richard N. Bird Aye
Commissioner William C. Wodtke, Jr. Ape
The Chairman thereupon declared the resolution duly
Passed and adopted this 23rd day of July , 1986.
Attest:(r�
FREDA WRIGHT, Cl
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By
County Attorney's Office
,JUL 23 IS86
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
nff, J-20
,JUL 2 3 1986 BOOK 65 PAE ld08
PRESENTATION_ ON SEA TURTLES AND ARTIFICIAL BEACHFRONT_ LIGHTING
Mary Dell Donnally, of the Center for Environmental
Education in Washington, D. C., gave a slidefilm presentation and
brief report on the perils faced by the sea turtles during the
nesting season and how they become disoriented by lights showing
along the beachfront. She reported that Brevard County recently
passed an excellently written ordinance requiring lights on the
beaches to be either shielded or turned off, and urged the Board
to pass a similar ordinance here in Indian River County. She
reported that the State has recently passed a beach restoration
funding bill which will give priority to those areas -or
communities which have passed ordinances giving protection to
endangered species of fish, animals, etc.
Commissioner Bowman pointed out that Indian River Shores has
a very good ordinance on this and the Audubon Society went to
them for enforcement this year and received very good
cooperation.
Art Challacombe noted that although the DER has established
limitations for turtles on new development, there is no provision
to review existing development along the beaches. He advised
that beachfront residents have been asked to douse their lights
during the late night hours and residents have cooperated,
especially in the Moorings, but it is strictly on a volunteer
basis.
Commissioner Lyons believed we should have an ordinance on
the books to provide this kind of protection to the sea turtles
during the nesting season.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0,
Chairman Scurlock being temporarily out of the room)
instructed the Planning Dept. to prepare an ordinance
pursuing the protection of the sea turtles during their
nesting season, May 1 - October 31.-
75
Chairman Scurlock and Attorney Vitunac returned to the
meeting at 2:10 o'clock P.M.
ARCHITECT'S_ PRESENTATION ON SHERIFF'S BUILDING
Charles Block, architect for the design of the new Sheriff's
Administration Building, reported that we are at the point of -
going out for bids for construction of the project. Referring to
a colored rendition of the design of the building presented to
the Board several months ago, he explained that during the last
few months they have resubmitted cost estimates and the latest
breakdown was in June. Mr. Block requested clarification on
whether several items are to be included in the project, such as
the confiscated items building and the 911 system. He pointed
out that this building is designed to expand as the need arises.
Chairman Scurlock explained that after it was determined
that there was a shortfall from the $9.55 million issue, which
was put together to fund approximately 4 projects, the Commission
discussed how to cut back on some of the items in these buildings
to make up that shortfall, but since the Sheriff's Building has
been designed already, the only cuts feasible would be the shop
e•
building and the storage building for confiscated items, such as
boats, automobiles, trucks, etc. The actual amount earmarked for
the building was $1.3 million. The Chairman believed that the
mistake was made when they plugged in only the actual
construction costs of this particular building and forgot to
include all the debt service and other things had must be done.
The actual cost of this building, not including the shop and
confiscated storage building is $2 -million, which is about
$700,000 more than what was budgeted. He understood that we
could bid the main building as one bid and the ancillary.
buildings as alternates.
Commissioner Wodtke asked about the "General Conditions in
the proposed contract and Mr. Block explained that includes
testing, temporary utilities, and all the elements outside the
JUL 23 1986
76
900K 65 F'A,Jr 209
rl�
I
r
JUL 3, 198 . BOOK 65 ou-2 .Q
General Contractor's overhead, such as scaffolding, miscellaneous
labor, etc. Mr. Block emphasized that last December he did give
the County a $2.5 million figure for this building and that
figure has decreased because in the working drawings, they used a•
bare bone approach to the costs. They have added some things
like furniture for the auditorium, impact fees, seeding,
flagpole, etc.
x
Chairman Scurlock felt he was willing to assume some risks
in not providing a covered area for confiscated goods, because
cutting back $10,000 here and there on the main building would
not amount to any substantial savings. He preferred-to cut out
the $323,098 for the storage building.
Mr. Block agreed that by bidding the ancillary buildings as
alternates,'it will give us some flexibility until we can get the
actual costs.
Commissioner Lyons was inclined-to agree with Chairman
Scurlock that we could get along without the storage facility,
and Mr. Block pointed out that the Board could always consider
cutting down the size of the storage building, because there are
some evidence rooms provided in the main building.
a
Sheriff Tim Dobeck explained that the storage facility for
confiscated vehicles and articles would be located between the
Sheriff's Administration Building and the Jail, and suggested
that two bays in the shop area would be sufficient for now.
Commissioner Wodtke still favored bidding the entire project
to find out the total cost of the project, as well as bidding out
the ancillary buildings as alternates, and the Board indicated
their agreement with that suggestion.
Chairman Scurlock advised that Public Works Director Jim
Davis is requesting authorization to go ahead and extend the
existing contract with Ted Meyers Contracting Co. for
construction of a gravity sewer line to the Jail site to cover
the new Sheriff's Administration Building also. If the Board
approves the-change order for $6,931.50, this job can be done
77
7
while the contractor is out in the field and has everything torn
up.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously approved
Change Order #1 to the contract with Ted Myers
Contracting Co. in the amount of $6,931.50 to cover`
the costs of extending the gravity sewer line to
the new Sheriff's Administration Building.
Indian River -County Fitgu)eering Dept.
1840 — 25th Street
CHANGE +•I .t...r..... • . Vero Beach, FL
Approved as to firm
ORDERand legal sufficiency
\kl Iltllr ;
AIA UUr (MUNI C701 t r+:< j• , By
Y
t e I I II IS* Bruce Barkett
PROIECT i
(name. rddn v.t
I)Ait July 23, 1986
r9
TO IConrractor):
r� Engineer's I'Kt )II c I �:+ ► 8236
` Ted Myers Contracting Co. (,),;(KAt'Ir+t; Gravity Seger Line (Jail Site)
P.O. Box 229 New Sheriff's Office
Winter Beach, FL 32971
L•� (')N(I;•v I I+a(1 July 1986
You are directed to make The fullim-in) r I:r,, r•. is Pev ( •r+•,.It I
Bid Item No. 1
Furnish & Install complete
in place 8' PVC pipe. 295 L.F. $17.70/L.F. $5,221.50
Bid Item No. 2
Furnish & install complete
in place 6" PVC pipe. 40 L.F. $ 8.00/L.F. 320.00
Bid Item No. 3
Furnish & install manholes
(Type A). 1 each $980.00/ea. 980.00
Bid Itett No. 5 Ill
Furnish & install 6" PVC
threaded plugs. 2 each $ 30.00/ea. 60.00
Bid Item No. 7
Drill (Core Tap) into
existing manhole 1 each L.S. 300.00
Bid Item No. 8
Furnish & install one single
"y"(Wye)-4" 1 each $ 50.00/ea. 50.00
$6,931.50
Nut %al.d unhi signed by nom the own,•r and Are ii,I
Signature ell the (.untfarnrr endirates his a):re—em he i -oh uufl ,ihn•; .,n, .,d;:1't.... ... 1 ..ra'al I t......
The original (Contract Sum) (Guaranteed Maxnnunt ( m•:1 %%.e. S 14,609.52
Net Ihange try prev"nryly authormed Chan;••• ( )t.fe•• $
The IrunteatI Surn) (Guaranteed Maxnnum t_u•1, pasta b. the. 1 h,:nv rr. !vr a..,. S 14,609.52
The (Contract Sunil (Utivanteed Maxununt t.e.,U wdl he nm m.,." d, air. „ , r.i• ria., i.,,ni;cel: S 6,931.50
by this Oiange Order .... .
The new (Contract Sum) (Guaranteed Maarnlum t ,. 'r nit lud.ni; ihr. a I-xige ( ),der ::rn 1•c S 21,541.02
The Contract Time will he nncreased) (etre r.• r.erl• 4ua L ee.retl? Irt ( ) nays
The Date lit Sub%wimil Cnmp(c•trun as of +6e tf.,••• •I: :! r !.an.,• r r..h•r Ih.•n ;••rr , 60 days
.uhe+r•. a t1
James W. Davis P_E.Ted Myers _ Indian River County__
ENGINEER 1840 25th St Cert_ P.O. Box 229, 18.10 25th Street'
Vero Beach, Fl. 32960 Winter Bich, FL 32971 Vero Beach. FL 32960
By By By
Date 8�5—Y- Date cT~% "9E,, Date Z oz3
78
Boa bb ibuc �i�
JUL 2 3 1986 BOOK 65 pm'JE 212
Sheriff Dobeck did not believe .that the State will not allow
us to use money from the confiscated fund account to pay for the
new building, but Attorney Vitunac felt it was time to ignore the
State Attorney General's guidelines for these funds and do what
is right; he wished to have the Commission's support in this
matter if it comes to a court situation.
Commissioner Bowman noted that the present Attorney General
is going to be out of office very shortly.
Sheriff Dobeck was not willing to fight the General
Attorney. However, he felt that the funds could be used
specifically for the startup of new programs, such as special
combat teams, marine patrol, overtime for a major push on a
particular drug problem in the county.
Attorney Vitunac stated that the funds can be used to pay
the cost incurred in connection with the storage and maintenance
of confiscated goods, and felt that we could use these funds to
go ahead and building the confiscated storage building and then
defend our action in court if necessary.
Sheriff Dobeck preferred to have the confiscated funds spend
on some of the startup equipment for the 911 center, which would
fall under the Attorney General's guidelines. 01
Mr. Block understood that although the 911 system has been
authorized, he needed express authorization to deal with all
those entities out there as he felt he was going to have some
problems.
Commissioner Bird hoped that we would not lose our
flexibility by saying that the entire 911 system is going to be
under the Sheriff.
Commissioner Lyons reported that he had asked General
Services Director Sonny Dean for a diagram of how everyone is
dispatched in this county and felt it is as conglomerate a mess
as anything one could visualize. He then asked Director Dean to
come up with a proposed plan.
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Commissioner Bird agreed that our first move should be to
present to the different response entities in the county a plan
that we feel will work, and Commissioner Bowman felt all those
entities need to get together and hash it out.
Chairman Scurlock believed Architect Block was asking for
direction on whether he goes ahead and designs the 911 area.
Chairman Scurlock instructed General Services Director Sonny
Dean to notify Southern Bell in writing of our intention to move
the 911 system to the Jail site.
Sheriff Dobeck noted that his Department will have some
added responsibility and liability for the people responding to
the 911 calls, but Commissioner Lyons felt that he has all the
liability now because all the 911 calls come into the Sheriff at.
present.
Considerable discussion took place on computer aided
interfaces of the 911 system, and Mr-. Block emphasized that he
would design what the Board wished.
Chairman Scurlock stressed that we must have a very sophis-
ticated, modern and functional system because this community is
going to demand immediate response to their 911 calls.
8•
Commissioner Lyons felt the best way to define the system is
that it will handle everything that comes through the 911 system
and the Sheriff's office and be dispatched from that center. He
also suggested that the room be designed with a lot of
flexibility, as far as moving the equipment and wiring around
when the need arises.
The Board indicated their agreement with Qomnissioner Lyons
recommendation.
Mr. Block pointed out that another item.that needs to be
resolved is the communications/telephone system. While
locations for telephones have been provided, he needs to know
just how the system should be designed.
Director Dean advised that he has requested that the State
come in and look at what we have proposed for'the Jail site, but
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JUL 2 3 1986
Bov 65 PAGE 213
U U L 23 19bu" BOOK 65 PAGE 2i4
he has not yet discussed with the Sheriff his telephone needs in
the building,
Commissioner Lyons suggested that the Sheriff Dobeck and
Director Dean get together and come up with the answer on the
telephone issue.
Sheriff Dobeck reported that he has talked with AT&T and
they have been aadvising us on how best to do the Administrative
Building, as well as the Jail, and whether one or two systems
would be best.
Mr. Block suggested that a consultant be hired for $1000 to
design the system before it goes out to bid, and the -Sheriff
agreed that might be the best way to go. The Commissioners
agreed also.
Mr. Bldck pointed out that there are no furnishings in the
contract, except for what we have been able to get from the
existing facility, but this cost is not part of the contract that
is going out for bid.
Commissioner Bowman was concerned about the heat insulation
to be used at the Jail, Mr. Block assured her that they have
exceeded the minimums required by the State Codes.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously authorized
staff to go out for bid on the construction of the
Sheriff's Administration Building.
BURGLARY DETECTION SYSTEM FOR PURCHASING WAREHOUSE
The Board reviewed the following memo dated 7/22/86:
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TO: Honorable DATE: July 22, 1986 FILE:
Board of County Commissioners
Thru : L.S. "Tommy" -Thomas
Acting County Administrator
SUBJECT: Burglary Detection System
for Purchasing Warehouse
FROM: H.T. "Sonny" D n REFERENCES:
Director, General Services
The Purchasing Warehouse was broken into during the,week-end
of July 18-20 and $2,307 worth of property was removed. There
were also two air conditioners removed valued at $684.00. The
Vero Beach Police Department investigated the incident. Their
recommendation was to install some type alarm system in the
building due to the contents and location.
6
Staff recommends the board approval to install a Sonitrol
Detection System at a total cost of $1,460 with a monitoring
fee of $55.00 per month. This is the same type system that
is used in the Tax Collection Office
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously
authorized the installation of a Sonitrol
Detection System at a total cost of $1,460 with
a monitoring fee of $55 per month for the Purchasing
Warehouse.
HOWELL/CHAPMAN (HUNT)_ PROPERTY-_AUTHORIZATLON TO PROCEED WITH
CONDEMNATION PROCEEDINGS
- The Board reviewed the following memo dated 7/16/86:
82
-JUL 2 3 1966
BOOK"° , � ,F 215
JUL 2 3 1986
BOOK 65 FnF 21;6 -
TO: The Board of County Commissioners y N�
DATE: July 16,1986
SUBJECT: Hunt Property Acquisition/Save Our Coast Program
FROM: Bruce Barkett�
Assistant County Attorney
By Resolution No. 83 -39, -dated May 26, 1983, the Board of
County Commissioners of Indian River County authorized
condemnation of what was then known as the Howell/Chapman
parcel of property as part of the Indian River County North
Beach Complex Save Our Coast Proposal to the Department of
Natural Resources and the Trustees of the Internal
Improvement Trust Fund (Governor and Cabinet). Since that
time the State has purchased the Morris and Perlini tracts
to the north of the Howell and Chapman parcel .(now called
the Hunt parcel) and Indian River County has purchased the
Bell Road and Erdo tracts to the south of the parcel: The
addition of the Hunt tract's 1,459 feet of beach frontage
would give the County an uninterrupted 3,600 feet of beach
frontage for operation as a public recreation facility.
Negotiations for the
purchase of the property from Mr. Flunt
have thus far failed. As the attached agenda items
indicate, the Department.of Natural Resources and the Board
of Trustees of the Internal Improvement Trust Fund have
agreed to reserve the maximum amount allowed by statute for
the anticipated purchase of the property if the County' is
able to either negotiate a purchase or acquire the property
by condemnation. Request is hereby made for the following
authorization: -
1. To acquire two updated appraisals of the parcel in
anticipation of an action in eminent domain to condemn the
property.
2. To proceed with negotiations to purchase the
property from Mr. Hunt.
3. To file an eminent domain action' to condemn the
property.
4. To hire, with funds from the Parks and Recreation,
outside counsel specializing in eminent domain work if it
appears that such counsel would be able to obtain a more
favorable judgment (condemnation price) on the property.
Assistant County Attorney Bruce Barkett reported that
efforts to purchase the property from Mr. Hunt, who has owned
this property since 1982, have failed. The State has agreed to
reserve the maximum statutory amount for the purchase or
condemnation of this beachfront tract, which is #6 on the Save
Our Coasts program, if Indian River County commits to either
condemning the property or negotiating a purchase directly with
83
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Mr. Hunt. To go ahead with a condemnation on this property, we
will have to file our action of condemnation, and go through a
trial which will result in a judgment for a condemnation price.
At that time we will have to decide whether we want to make up
the difference between what the State has pledged and the
purchase price. The State's amount is based on appraisals and
right now that amount is confidential.
Chairman Scurlock asked if we still would have the ability
to back out after receiving a judgment, and Attorney Barkett said
that it would be, but we would be responsible for attorney fees.
He requested authorization to obtain some updated appraisals
file the condemnation, proceed with negotiations with Mr. Hunt if
that becomes a possibility, and obtain the services of an
attorney who specializes in condemnation proceedings.
Chairman Scurlock was not in agreement about retaining a
special attorney for this matter, but Attorney Vitunac
interjected that he felt confident that the County Attorney's
office could do this internally up to a certain point, and
perhaps all the way, but he would feel more comfortable in having
the authorization to go to a specialist in eminent domain if it
is found that the County's interest would be better served.
MOTION WAS MADE by Commissioner Bird, SECONDED
by Commissioner Bowman, that the Board authorize
the 4 recommendations as set out in the above memo
and obtain outside counsel specializing in eminent
domain proceedings at a cost not to exceed $5,000.
Under discussion, Acting Administrator Tommy Thomas felt
that the County has an advantage in that we have set the pace
with our appraisal, and assumed that because of the size of the
tract, that the State will be putting up most of the money.
Commissioner Bird believed the State's appraisals are
somewhere in the $2.75 -million to $3 -million range. Since the
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JUL 2 3 1986 aooK 65 F,,,uc 217
UL BOOK 65 PAGE. 218
beginning the State has carried this property on their Save Our
Coasts list with an estimated value of $3 -million, and,
hopefully, the County will not have to pay any difference.
Attorney Barkett reconfirmed that the State has given us the
authority to go negotiate directly with Mr. Hunt for the purchase
under the threat of the eminent domain proceeding.
4
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
PUBLIC_ DEFENDERS EMPLOYMENT CONTRACT
Assistant Attorney Jim Wilson explained that the Public
Defender has advised the County that it will be necessary to
employ two additional attorneys in the County in order to provide
representation to all individuals entitled to public defender
services in misdemeanor cases in County Court and juvenile cases
in Circuit Court.
Jason Hedman is prepared to sign this contract and there is
an additional person who has not been admitted to the bar as yet,
so we will have to wait on that before we negotiate his contract.
a,
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously approved
the -contract between Indian River County and the
Public Defender for the 19th Judicial Circuit of the
State of Florida, and Jason Hedman, and authorized
the Chairman's signature.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
MOTHERS AGAINST_ DRUNK_ DRIVING
The Board reviewed the following letter dated 7/5/86:
85
_I
i
July 59 1986
Board of County Commissioners
Indian River County
Dear Commissioners:
We understand the Board of County Commssioners is considering
adopting an ordinance to ban open beverage containers in the
County, similar to those recently adopted by tho Cities of
Vero Beach and Sebastian.-- MADD supports the Commissioners in
its efforts and urges the adoption of such ordinance at the
earliest opportunity.
We commend the Board of County Commissioners for its efforts
to make the County a safer place for all its citizens.
Very truly yours,
Linda Woodard,
President
Commissioner Lyons reported that the Public Safety Committee
has this on their agenda for their first meeting of August 1st,
and the Board agreed to his suggestion that this letter be
referred to that Committee for their recommendation.
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JUL 23 ISM
BOOK 65 w,')F219
10
I
BOOK 65
PROPOSED SPANISH LAKES FAIRWAYS - DEVELOPMENT OF REGIONAL IMPACT
Commissioner Lyons explained that this 1600 -unit mobile home
park is proposed to be built on 435 acres in St. Lucie County
adjoining our southern county line on the east side of 1-95.
Although our Planning Council has made some comments to the
Regional Planning Council about this development, he wondered -if
the Board wished to take a stronger position because this is
going to butt up against an area which we have no intention of
making residential for a long time to come. The access would be
through a proposed access road from Indrio Road.
Planner Stan Boling advised that we have had a few inquiries
from developers in our county who feel that if this is approved
for that area, then other similar projects might be approved.
Chairman Scurlock was against it, and Commissioner Bowman
felt it would depreciate the value of the adjoining property in
our county.
Commissioner Bird asked what would be the most diplomatic
way to proceed in this matter, and Chairman Scurlock suggested
that since the impact will be mitigated through the D.R.I
process, we write the St. Lucie County Board of Commissioners
s.
advising them that we have no plans to develop anything of a
similar nature in the adjoining area in our county, and asking
them to consider any adverse impacts in their consideration of
this project.
The Board instructed staff to prepare a letter to be sent
out under the Chairman's signature.
Mr. Bolling advised that the Regional Planning Council will
look at this in late August.
87
Telephone: (305) 567-8000
July 28, 1986
�n
BOARD OF COUNTY COMMISSIG.: _ . RS
1840 25th Street, Veru Beach, Florida 32960
The Honorable Members of
County Board of County Commissioners
2300 Virginia Avenue
Ft. Pierce, FL 33482-5652
RE: Proposed Spanish Lakes Fairways
Development of Regional Impact
Gentlemen:
Suncom Telephone: 424-1011
Our staff has reviewed the above referenced project application,
in the course of normal D.R.I. review, and provided copies of
comments to the Board of County Commissioners. The Board has
considered the,gproject and its potential impacts on Indian River
County.
Approval of the project, which abuts our common border at I-95,
would undoubtedly have a substantial impact on both St. Lucie and
Indian River Counties. Our own land use plan designates the
entire area north of the project for agricultural (up to one
dwelling unit per five acres) and rural residential
to one
dwelling unit) development. Approval and subsequent de elopment
of a 1,580 unit mobile home park on the proposed site at a density
of 3.6 units per acre would be incompatible with our land use
plan. The Board has determined that the size, proximity, density,
and type of development proposed on the subject property would
adversely impact Indian River County and could hinder ,pur efforts
to maintain the area adjacent to the project as planned.
We are taking this opportunity to inform
our Board that serve on the. Treasure
Council will oppose the proposed project
the Council. .
Sincerely,
C
Don C. Scurlock, r , Chairman
INDIAN RIVER COUN
BOARD OF COUNTY COMMISSIONERS
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' - JUL 2 3 1
you that the members of
Coast Regional Planning
when it is considered by
BQOK 65 PAcF 221
r_ `1,-" 11 >
s. 3 1
L. � .
RECENT SHOOTING IN GIFFORD PARK
BOOK 65 PAE 212
Corrmissioner Bird was very concerned about the shooting that
occurred last Sunday in Gifford Park and knew the community was
also very concerned. He wished to take a few steps so that this
type of occurrence doesn't happen again. He would like to see a
gate installed up there to be closed at sundown when all County
parks must close according to our ordinance. He would like to
see more protection and enforcement of park regulations by the
Sheriff's Dept., and has been assured that the Sheriff will make
every attempt to increase their surveillance of the park,
especially during the weekends when the park is most -heavily
used. He has asked Attorney Vitunac to look into our options for
the possibility of banning those individuals involved in last
Sunday's shooting from using Gifford Park or any other County
park facility for some prolonged period of time, and perhaps,
that condition could be part of their parole.
Commissioner Bird emphasized that the Gifford Park is a
great family gathering place on the weekends and wished the
Commission to take a stand so that this type of thing did not
happen again.
44
The Board indicated their agreement to Commissioner Bird's
recommendations as set out above.
There being no further business, on Motion duly made and
Seconded, the Board adjourned at 3:40 o'clock P.M.
ATTEST:
Ilk
Clerk
89
Chairman
h