HomeMy WebLinkAbout6/15/1993MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, JUNE 15, 1993
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Richard N. Bird, Chairman (Dist. 5)
John W. Tippin, Vice Chairman (Dist. 4)
Fran B. Adams (Dist. 1)
Carolyn K. Eggert (Dist. 2)
Kenneth R. Macht (Dist. 3)
James E. Chandler,' County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
9: 00 A.M. 11. CALL TO ORDER
2. INVOCATION - Rev. Joe Brooks
20th Avenue Church of God
3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert
4. ADDITIONS TO THE AGENDMEMERGENCY ITEM
13.B. Discussion relative to proposed City high-power lines
13.C. Report of the Beach and Shore Preservation Advisory
committee
13.D. Resolution to State of Florida requesting -information,
and general discussion of possible 3rd cent tourist tax
14.A.S. Scheduling of a bargaining strategy session regarding
fire and EMS contract negotiations
S. PROCLAMATION AND PRESENTATIONS
Presentation of Third Quarter Safety Award - 1993
(memorandum dated June 2, 1993)
6. APPROVAL OF MINUTES
Regular Meeting of May 18, 1993
7. CONSENT AGENDA
A. Occupational Licenses Collected - Month of May
(memorandum dated June 8, 1993)
B. Award Bid #3098 / No. County R.O. Skid/Membrane
Surplus Sale
(memorandum dated June 4, 1993)
C. Final Plat Approval for 44th St. Community S/D
(memorandum dated June 3, 1993)
D. Misc. Budget Amendment 019
(memorandum dated June 9, 1993)
E. Purchase Authorization CR510 and SR AIA R -O -W
Acquisition - Bruce L. Stamile Parcel
(memorandum dated June 9, 1993)
N
JUN 15 1993 BOM 89 ��,vuF. 796
L-40
r JUN 15 BOOK 89 PAu 797
7. CONSENT AGENDA (contd.):
F. Resolution in Support of Environmental Learning
Center Application for FIND Grant
(memorandum dated June 9, 1993)
G. Oslo Road at 58th Ave. R -O -W Acquisition
(memorandum dated June 8, 1993)
H. Award Bid #3102/Pinewood Estates Water Main Ext.
(memorandum dated June 7, 1993)
1. Award Bid #3103/So. Roseland Rd. Sewer Force Main
(memorandum dated June 7, 1993)
J. A Resolution to Accept Dedication of R -O -W and
To Cancel Taxes on Same
(memorandum dated June 8, 1993)
S. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AG-ENCIES
None
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
None
B. PUBLIC HEARINGS
I County Initiated Request to Rezone Approx.
0.68 Acres From CG to OCR
(memorandum dated June 3, 1993)
2. Dorothy L. Walker Request to Rezone Approx.
2.09 Acres From I L to CH
(memorandum dated June 3, 1993)
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Kay Garling's Request for Rezoning Consideration:
Colonial Gardens Phase I Subdivision
(memorandum dated June 29, 1993)
B. EMERGENCY SERVICES�
None
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
11. DEPARTMENTAL MATTERS (ccot'd.):
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. As -Built Resolution & Assessment Roll for
Paving and Drainage Improvements to:
10th Crt. SW Between 9th St. S.W. (Oslo
Rd.) & 11th St. S.W.
(memorandum dated May 26, 1993)
2. Professional Coastal Engineering Services
Agreement - V.S. Restoration Project -
Coastal Technology Corp.
(memorandum dated June 7, 1993)
3. Fleet Management Underground Fuel Storage
Tanks - State Reimbursement Agreement
(memorandum dated June 7, 1993)
H. UTILITIES
1. Water Main Replacement - Proj. #3
Work Authorization #12
(memorandum dated June 3, 1993)
2. Developer's Agreement with North Lake Foods,
Inc. (Waffle House Restaurant)
(memorandum dated June 4, 1993)
3. Approval to Execute Agreement Between
Federal Deposit Insurance Corp., County
and the Health Dept.
(memorandum dated June 4, 1993)
4. Sebastian Middle and High School Water Line
Project - Change Order #2
(memorandum dated June 7, 1993)
12. COUNTY ATTORNEY
Request for an Ordinance Prohibiting the Intrusion of
Light on Adjacent Residential Property
(memorandum dated June 2, 1993)
13. COMMISSIONERS ITEMS
A. CHAIRMAN RICHARD N. BIRD
B. VICE CHAIRMAN JOHN W. TIPPIN
JUN 15 1991 BOOK
89 uu 798
JUN 15 w'l,
13. COMMISSIONERS ITEIINS (cont'd. J:
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER KENNETH It. MACHT
McKee Jungle Gardens
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
I. Approval of Minutes - Meeting of 4/13/93
2. Approval of Minutes - Meeting of 4/27/93
3. Approval of Minutes - Meeting of 5/4/93
4. Approval of Tower Space Lease for
Communications Antenna With City of
Sebastian
(memorandum dated June 8, 1993)
B. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
BOOK 89 r-AUE 799
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE
AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY
CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
Tuesday, June 15, 1993
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 Tuesday, June 15, 1993,
at 9:00 A.M. Present were John W. Tippin, vice chairman; Fran B.
Adams; Carolyn K. Eggert; and Kenneth R. Macht. Absent was Richard
N. Bird, Chairman, who was on vacation. Also present were James E.
Chandler, County Administrator; William G. Collins II, Deputy
County Attorney; and Diane Albin, Deputy Clerk.
The Vice Chairman called the meeting to order.
Rev. Joe Brooks of the 20th Avenue Church of God gave the
invocation, and Commissioner Eggert led the Pledge of Allegiance to
the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Administrator Chandler requested the addition of Item 13.B.,
discussion relative to proposed City high-power lines.
commissioner Adams requested the addition of Item 13.C.,
report of the Beach and Shore Preservation Advisory Committee.
commissioner Eggert requested the addition of Item 13.D.,
resolution to State of Florida requesting information, and general
discussion of possible 3rd cent tourist tax.
Administrator Chandler requested the addition of Item 14. A. 5.,
scheduling of a bargaining strategy session regarding fire and EMS
contract negotiations.
JUN 15 1993
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) added the above items
to the Agenda.
BOOK 89 PAGE 800
r
J U N J 5 �,qp
BOOK P,�GF 801
Commissioner Eggert announced that she is planning to attend
the Management Planning organization (MPO) advisory committee
meeting, which riequires an overnight stay. However, the trip does
not require Board approval because the MPO is paying her travel
costs.
PROCLAMATIONS AND PRESENTATIONS
The Board reviewed the following memo dated June 2, 1993:
TO: James E. Chandler, County Administrator
THRU: Jack Price, Personnel Director 6�9'
91"-161
FROM: Both Jordan, Fdsk Manage �e
DATE: June 2,1993
SUBJECT: Third Quarter Safety Award - 1993
We request your consideration for Inclusion on the Board's June 15, 199Z meeting
agenda the presentation of the Third Quarter Safety Award.
-I- Background
Each quarter, the Risk Management Division receives award recommendations from the
Safety Committee. The nominees, as Individuals or as work groups, have demonstrated
their commitment to on-the-job safety and health through their outstanding performance.
Analysis
Staff received the Third Quarter Safety Award nominations and selected Paving Marking
Section of Traffic Engineering. The attached memorandum from John Butler, Traffic
Operations Manager, details their meritorious efforts. In addition, the Paving Marking
Section has not had a workers' compensation accident, general liability exposure, or an
automobile accident In over the last two years.
Recommendation
Staff recommends the.Third Quarter Safety Award be presented to the Paving Marking
Section.
es E. Chandle .24-7 Date
unty Administrator C-1
Vice Chairman Tippin read aloud the following presentation
honoring Dennis Anderson, Donald Reed, and Kenneth Jordan,
employees of the Traffic Engineering Department:
F77
2
Third Quarter Safety Award
June 15, 1993
Each quarter, the County accepts nominations for recognition of
outstanding acbomplishments in the area of on-the-job safety. This
quarter, we commend the Traffic Operations Section of the Traffic
Engineering Division.
Through the leadership of Jim Davis, Public Works. Director, and
John Butler, Jr., Traffic operations Manager, this work team has
had no on-the-job accidents in over two years. Working in the
layout and design of all work zone maintenance within rights-of-
way, these employees are exposed to serious hazards including
traffic and materials which reach temperatures in excess of 450
degrees. In addition, these employees respond on a 24-hour, 7 -day
a week basis to traffic control device emergencies.
with sincere appreciation for an excellent job, we commend the
Traffic Operations Section with the Third Quarter Safety Award.
APPROVAL OF MINUTES
vice chairman Tippin asked if there were any additions or
corrections to the Minutes of the Regular Meeting of May 18, 1993.
Commissioner Macht corrected Resolution 93-97 on page 49 as
follows: John W. Tippin voted Aye and Kenneth R. Macht was absent.
ON MOTION by Comm ' issioner Eggert, SECONDED by
commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) approved the Minutes of
the Regular Meeting of May 18, 1993, as corrected.
CONSENT AGENDA
Administrator Chandler requested the removal of Item 7C for
discussion.
A. OccuRational License Taxes Collected - Month of May, 1993
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) accepted the following
report from Tax Collector Karl Zimmermann
summarizing occupational License Taxes collected
during the month of May 1993:
3
BOOK 89 PAGE 802
JUN 15 1993
1: qli
0
TO: Board of County Commissioners
FROM: Karl Zimmermann, Tax Collector
SULIECT: Occupational Licenses
DATE: June 8, 1993
�� (IF -1
BOOK 89 W.803
Pursuant to Indian River County Ordinance No. 86-59, please be
informed that $3,282.64 was collected in occupational license
taxes during the month of May, representing the issuance of
270 licenses.
B. Award Bid #3098 - North County R.O. Skid/Membrane Surplus sale
The Board reviewed the following memo dated June 4, 1993:
DATE: June 4, 1993
TO: 130ARD OF COUNTY COMMISSIONERS
THRU: i7ames E. Chandler,, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servici
FROM: Fran Boynton Powell,, Purchasing agerl
SUBJ: Avard Bid 03098/North County R.O. Skid/Membrane
Surnlus Sale
Utilities Department
BACKGROUND INFOP14ATION
Bid Opening Date: April 21, 1993
Advertising Dates: April 7. 141 1993
Specifications Mailed To: six f61 Vendors
Replies: Tvo 2 Vendors
VENDOR BID TABULATION
Hydropro, Inc $5j002.0O
Lake Park,, FL
General Environmental Group $ 500.50
Altamonte Springs,, FL
TOTAL AMOUNT OF BID: $5p002.00
RECOMMENDATION:
Staff recommends avardinq the bid to Hydr2pro.Incpr,2p3Mted
as the highest bidder set- -forth in the. I -
nv.itation-,tb bid. -
4
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) awarded Bid #3098 in the
amount of $5,002.00 to Hydropro, Inc., for the North
County R.O. Skid/Membrane Surplus Sale, as
recommended by staff.
C. Final Plat Approval for 44th Street Community Subdivision
The Board reviewed the following memo dated June 3, 1993:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
M( .0� -ntl
F�ff 4
Robert M. Keati#g,. WP
Community Developmektt Director
THROUGH: Stan Bolings AICP
Planning Director
FROM: John W. McCoy, AICP
Senior Planners Currbnt Development
DATE: June 3., 1993
SUBJECT: Final Plat Approval for 44th Street Community Subdivision
SD -91-08-09/91060025
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of June 15, 1993.
DESCRIPTION AND CONDITIONS:
Forty Forth Street Community is a proposed 7 lot subdivision of a
4.7 acre parcel of land located immediately west of and adjacent to
the south half of Whippoorwill Estates Subdivision.' The subject
property is zoned RS -3s Single Family Residential District (up to
3 units per acre) and has an L -ll Low -Density 1 (up to 3 units per
acre) land use designation. The proposed density for the
subdivision is 1.5 units per acre.
On October 10s 1991s the Planning and Zoning Commission granted
preliminary plat approval for . the 44th Street Community
Subdivision. A land development permit was subsequently issued and
the project has been constructed and completed. The developer
Richard W. Schlitt is requesting final plat approval and has
submitted the following:
A f inal plat in conformance with the approved preliminary
plat.
2. A certificate of completion certifying that all required
subdivision improvements have been completed and are
acceptable.
5
JUN 15 1993 BOOK 8 9 FAGUE804
JUN 1.� lnw�
BOOK 89 F,�tIF. 805
3. A Warranty and Maintenance Agreement to guarantee publicly
dedicated improvements.
ANALYSIS:
The required improvements have been completed by the developer,, and
a certificate of completion has been issued by the Public Works
Department. A Warranty and Maintenance Agreement secured by a
letter of credit has been submitted to guarantee the performance of
publicly dedicated improvements. The County Attorney's Office has
approved the Warranty and Maintenance Agreement and the form and
sufficiency of the letter of credit. The utility improvements
within the subdivision (dry lines) have been covered by the
RECOMMENDATION:
Staff recommends that the Board Of County Commissioners grant final
plat approval for 44th Street Community Subdivision,, and accept the
Warranty and Maintenance Agreement.
Community Development Director Bob Keating explained that when
staff placed this item on today's agenda, the subject plat met all
the technical requirements for approval. The certificate of
completion was expected to be issued in time for today's meeting.
Because of some minor paperwork delays with the Department of
Environmental Regulation in Orlando, the certificate of completion
has not been issued yet, but staf f anticipates it to be issued
shortly. Staf f is recommending f inal plat approval, with the
condition that prior to recording the f inal plat, the applicant
shall obtain the certificate of completion.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
chairman Bird being absent) granted final plat
approval f or the 44th Street Community Subdivision
and accepted the Warranty and Maintenance Agreement,
with the condition that prior to recording the final
plat, the applicant shall obtain the certificate of
completion, as recommended.by staff.
WARRANTY AND MAINTENANCE AGREEMENT WILL BE PLACED ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN FULLY EXECUTED AND RECEIVED
D. Miscellaneous Budget Amendment 019
The Board reviewed the following memo dated June 9, 1993:
�-J
TO: Members of the Board
of County Commissioners
DATE: . June 9, 1993
SUBJECE. MISCELLANEOUS BUDGET AMENDMENT 019
CONSENT AGENDA
FROM: Joseph A. Bair
OMB Director iit�—
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following:
1. A reimbursement check for $52,200 was received by Indian River
County from the Florida Inland Navigation District for work completed
to -date at the Environmental Learning Center.
2. Donations were received for the North County Library in the'amount
of $2,170. This budget amendment allocates the funding.
3. Reallocate the distribution of Gas Tax and Fund Tranders for the
Transportation Fund and Petition Paving.
4. The 911 equipment was ordered in fiscal year 1991/92 (July 1992) and
received in fiscal year 1992/93 (March 1993).
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment 019.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) approved Budget
Amendment 019:
7
N 15 1993
BOOK- 89 �.nE. 80.6
JUN 15 19931 BOOK 89 PAGE807 -1
E. Rig -h -t -of -Way Acauisition - CR -510 and SR -AIA - Stamile Parcel
The Board reviewed the following memo dated June 9, 1993:
TO: James Chandler
County Administrator
THROUM: James W. Davis P E
Public Works Dire;tL
Terry B. Thompson., P.E.
Capital Projects Manager
FROM: Donald G. Finney, SRA ac�-qr.
County Right of Way Agent
SUBJECT: Purchase Authorization
CR 510 and SR AlA Right -of -Way Acquisition
Bruce L. Stamile Parcel
DATE: June 9, 1993
L�0�402�,�y
Indian River County is planning to widen CR 510 and install signalization
at the intersection of CR 510 and SR AlA. The additional right -of -way
needed to accomplish this project consists of the acquisition of ten (10)
parcels. This parcel is the last to acquire to complete the right-of-way
acquisition for this project. Mr. Stamile has agreed to sell at the
$12,000 appraised value and has executed the Contract For Sale and
Purchase which includes an Addendum. The Contract and Addendum has been
reviewed by the County Attorney with no objections. There are no Realtor
or Attorney fees.
R - ------ATIMqS AND FUNDIM
Staff requests the Board accept the $12,000 contract and direct the
Chairman to execute the contract,, in triplicate, on the Board's behalf.
Funding is available in Account #101-151-541-067.11.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) approved the contract
with Bruce A. Stamile in the amount of $12,000.00
for purchase of right-of-way, as recommended by
staff.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
V*�
JUN 15 093
BOOK 89 FAGF.
JUN 15 1991-
r
BOOK 89 PAU 809
F. Resolution in Support of Environmental -Learning Center
ARplication for Florida Inland Navigation District Grant
The Board reviewed the following memo dated June 9, 1993:
TO: James E. Chandler, CONSENT AGENDA
County -Administrator
FROM: James W. Davis, P.E.
Public Works Director qp�'
SUBJECT: Resolution in Support of Environmental
Learning Center Application for FIND Grant
REF. LETTERS: 1) Holly Dill to David Roach dated April 29, 1993
2) David Roach to James Davis dated May 26, 1993
DATE: June 9, 1993 FILE: elc.agn
DESCRIPTION AND CONDITIONS
Last May 19, 1992, the Board of County Commissioners passed Resolution No.
92-79 which sponsored a grant application for the Environmental Learning
Center project. This resolution was presented to the FIND Board. According
to George Bunnell, the FIND Board approved a redirection of the funds (on
October 22, 1992) previously allocated to this project to take advantage of
a special spoil site development opportunity.
There is no change in the dollar amount being requested,, $60,,000. The
attached resolution is requested in compliance with 16T-F.A.d.. The FIND
Board will hear our presentation on June 25 in'Miami.
RECOMMENDATIONS AND FUNDING
Staff requests that the Chairman autfiorize the attached resolution. Funding
to be 50% from FIND allocations and 50%.from public donations.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) adopted Resolution 93-
103, application for assistance under the Florida
Inland Navigation District Waterways Assistance
Program, as recommended by staff.
10
RESOLUTION NO. 93- 103
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA FOR ASSISTANCE UNDER THE
FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, the Board of County Commissioners of Indian River
County is interested in carrying out the following described
project for the enjoyment of the citizenry of Indian River County,
and the State of Florida;
Project Title: Environmental Learning Center
Total Estimated Cost: $60,000
Brief Description of Project: Completion of the upland and
wetland interpretive trail system at the Environmental
Learning Center including elevated wooden boardwalks, on the
ground nature trails and extensive explanatory signage
identifying the natural features of the aquatic system.
AND, Florida Inland Navigation District financial assistance
is required for the program mentioned above.
NOW THEREFORE, be it resolved by the Board of County
Commissioners of Indian River County that the project described
above be authorized.
AND, be it further resolved that said Board of County
Commissioners of Indian River County make application to the
Florida Inland Navigation District in the amount of 50% of the
actual cost of the project in behalf of said Environmental Learning
Center.
AND, be it further resolved by the Board of County
Commissioners of Indian River County that it certifies to the
following:
1. That it will accept the terms and conditions set forth in
FIND Rule - 16T-2 FAC and which will be a part of the Project
Agreement for any assistance awarded under the attached proposal.
2. That it is in complete accord with the attached proposal
and that it will carry out the Program in the manner described in
the proposal and any plans and specifications attached thereto
unless prior approval for any change has been received from the
District.
3. That it has the ability and intention to finance its
share of the cost of the project and that the project will be
operated and maintained at the expense of said Environmental
Learning Center for public use.
11
L -JUN 151993
r JUN 15 19,93
4. That
basis of race,
BOOK 89 P,�GE 81- 1 -1
it will not discriminate against any person on the
color or national origin in the use of any property
of facility acquired or developed pursuant to this proposal, and
shall comply with the terms and intent of the Title VI of the Civil
Rights Act of 1964, P.L. 88-352 (1964) and design and construct all
facilities to comply fully with statutes relating to accessibility
by handicapped persons as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the
proposed project to substantiate claims for reimbursement.
6. That it will make available to FIND if requested, a post -
audit of expense incurred on the project prior to, or in
conjunction with, request for the final 10% of the funding agreed
to by FIND.
The resolution was moved for adoption by Commissioner Eggert
and the motion was seconded by Commissioner Adams and,
upon being put to a vote, the vote was as follows:
Chairman Richard N. Bird Absent
Vice Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 15 day of June , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY
Jeffrey K Barton.- Clerk�.. qq9btfi"--R. Tippi�/%.ce Cha rman,
C"' d of Count� Cotnissioners
;X�e oar
G. Right -of -Way Acauisition - Oslo Road at 58th Avenue - Arnsmeier
The Board reviewed the following memo dated June 8, 1993:
12
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.,
Public Works Director
FROM: Donald G. Finney, SRA Lw O�
County Right of Way Agent
CONSENT AGENDA
SUBJECT: Oslo Road at 58th Avenue
Right -of -Way Acquisition
DATE: June 8, 1993 FILE: oslo58.agn
DESCRIPTION AND CONDITIONS
At the Northeast corner of 58th Avenue, on the north side of Oslo
Road, seventy feet of additional right-of-way is needed for road
widening and Utility lines. Mr. & Mrs. Arnsmeier have executed a
Contract for Sale and Purchase for $10,509 for the .'525 acre right-
of-way parcel. The purchase price is $20,017 per acre, is in line.
with other residential or grove purchases. There is no appraisal.
ALTERNATIVES AND ANALYSIS
The following alternatives are presented:
Alternative No. 1
Approve the right-of-way acquisition at a cost of $10,509
and authorize the Chairman to execute the Contract.
Alternative No. 2
Deny the right-of-way acquisition purchase.
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative No. 1 whereby a .525 acre parcel would
be purchased for $10,509. Funding to be from 101-158-541-067.48 -
District 8 Impact Fees.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) authorized contract with
Milbourne and Ellen Arnsmeier in the amount of
$10,509.00, for purchase of right-of-way, as
recommended by staff.
CONTRACT IS ON: FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
13
BOOK 89 pnF 812
JUN 15 1993
r JUN 15 W"),
BOOK 89 PAGF 813 -1
H. Award Bid #3102 - Pinewood Estates Water Main Extension
The Board reviewed the following memo dated June 7, 1993:
-- - ------------------------- 6 ------- --
DATE: June 7, 1993
TO: BOARD OF coUNTy CoWaSSIONERS
TEMU: James E. Chandler,,
County Administrator
H.T. "Sonny" Deant
sib
Director
Department of General Servic&4
FROM: Fran Boynton Powell,,
Purchasing ManagewrV
SUBJ: Award Bid #3102/Pinewood Estates Water Main
Extension - Project
#US -92 -25 -DS - Utilities
Department
ISACROROUND 0�"MTIOM
Bid opening Date:
June 2,, 1993.
Advertising Dates:
May 51 120 198 1993
Specifications Mailed to:
Twenty (20) Vendors
Replies:
Three (3) Vendors
VENDOR
BID TM—ULATX
Timothy Rose Contracting
Vero Beach,,
$ 24,163.40
FL
Driveways, Inc
$ 331729.05
Titusville, FL
Treasure Coast Contracting
$ 37,796.00
Vero Beach,, FL
T-0-TAL MOUNT OF- DID:
$ 24F163.40
SOMME OF FUNDS3 Utilities General - Impact Fees
BUDGETED MOUNT:
30s,000.00
RECON—MMATION:
staff recommends that the bid be awarded to Timothy Rose
Contracting as the lowest,, most responsive and responsible
bidder meeting specifications as set forth in the
Invitation to Bid. In addition, staff requests the Board's
approval of the attached Agreement when all requirements are
met and approved as to form by the County Attorney.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
chairman Bird being absent) awarded Bid 13102 for
the Pinewood Estates Water Main Extension to Timothy
Rose Contracting in the amount of $24,163.40, as
recommended by staff.
CONTRACT IS ON FILE
IN THE OFFICE OF CLERK TO THE BOARD
14
Award Bid #3103 - South Roseland Road Sewer Force Main
The Board reviewed the following memo dated June 7, 1993:
-------------------------------------------------
DATE: June 7, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
. Department of General Serviya
FROM: Fran Boynton Powell,
_In ^
Purchasing Manager _W
SUBJ: Award Bid 13103/South Roseland Road Sewer Force
Main - Project OUS-92-32-CS Utilities Department
---------------------------------------------------
BACKGROUND INFORMATION:
Bid Opening Date:.
June 2, 1993
Advertising Dates:
May 5,, 12, 19, 1993
Specifications Mailed to:
Nineteen (19) Vendors
Replies:
Seven (7) Vendors
VENDOR
DID TABUL&TION
Tri -Sure Corporation
98,654.02
Auburndale, FL
Treasure Coast, Construction
$111,677.54
Vero Beach, FL
Timothy Rose Contracting
$112,683.01
Vero Beachi FL
Drivewaysr Inc
$112,957.20
Titusville, FL
JoBear
$121,�89.95
Palm Bay,, FL
Speegle Construction
$140,,000.00
Cocoa, FL
ERC General Contractors
$164,435.55
Winter Garden, FL
TOTAL ANO—UNT OF BID:
$ 98,654.02
SOURCE OF iUNDSs, Utilities General - Impact Fees
BUDGETED -AMOUNT: $150,000.00
RECOMMENDATION:
Staff recommends that the bid be awarded to Tri-surg
Corporation as the lowest, most responsive and responsible
bidder -meeting specifications. as set forth In the
Invitation to Bid. In addition, staff requests the Board's
approval of the attached Agreement when all requirements are
met and approved as to form by the County Attorney.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the board unanimously (4-0,
Chairman Bird being absent) awarded Bid #3103 for
the South Roseland Road Sewer Force Main to Tri -Sure
Corporation in the amount of $98,654.02, as
recommended by staff.
15
BOOK 89 FKUE 814
JON 15 1,90
BOOK 89 PAGF815 -1
J. Resolution to Accept Dedication of Right -of -Way and Cancel
Taxes on Same
The Board reviewed the following memo dated June 8, 1993:
TO .-The Board of County Commissioners
FROM: VrC/ . William G. Collins II - Deputy County Attorney
DATE: 'June 8, 1993
SUBJECT: A Resolution to Accept Dedication of Right -Of -Way and to
Cancel Taxes on Same
A resolution has been prepared for the purpose of accepting a right-of-way
dedication and cancelling any delinquent or current taxes which may exist on
the following property acquired by Indian River County for public purpose:
Right -of -Way acquired from Nancy T. Moon, n/k/a Nancy T. Frazier,
as Trustee of the Nancy T. Moon Living Trust Under Agreement dated
June 7, 1990, which right-of-way Is fully described In that Right Of
Way Deed recorded in Official Record Book 974, Pages 1924-1925, Public
Records of Indian River County, Florida.
RECOMMENDATION:
Authorize the Chairman of the Board of County Commissioners to execute the
Resolution accepting the dedication and cancelling certain taxes upon publicly
owned lands, and the Clerk to send a certified copy of same to the Tax
Collector so that any delinquent or current taxes can be cancelled.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) adopted Resolution 93-
104, accepting right-of-way dedication and
cancelling certain taxes upon publicly owned land,
as recommended by staff.
RESOLUTION NO. 93-.104
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, ACCEPTING A RIGHT-OF-WAY
DEDICATION AND CANCELLING CERTAIN TAXES
UPON PUBLICLY OWNED LANDS, PURSUANT TO
SECTION 196.28, FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of
County Commissioners of each County to cancel and discharge any and all
Hens for taxes, delinquent or current, held or owned by the county or the
state, upon lands heretofore or hereafter conveyed to or acquired by any
agency, governmental subdivision, or municipality of the state, or the United
16
RESOLUTION 93-104
States, for road purposes, defense purposes, recreation, reforestation, or
other public use; and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are
or will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution,
proper officials of the county and of the state are authorized, empowered,
and directed to make proper entries upon the records to accomplish such
cancellation and to do all things necessary to carry out the provisions of
section 196.28, F.S.;
NOWs THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The dedication of right-of-way as described in O.R. Book
974, Pages 1924-1925 Is hereby accepted; and
2. Any and all liens for taxes delinquent or current against the
following described lands, which were acquired for right-of-way from Nancy
T. Moon, n/k/6 Nancy T. Frazier, as Trustee of the -Nancy T. Moon Living
Trust Under Agreement dated June 7, 1990, are hereby cancelled pursuant
to the authoritk of section 196.28, F.S.
See attached Right Of Way Deed describing
lands, recorded in O.R. Book 974, Pages
1924-1925, Public Records of Indian River
County,. Florida.
The resolution was moved for adoption by Commissioner Eggert
and the motion was seconded by Commissioner Adams and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Absent
.Vice Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
Chairman thereupon declared the resolution duly passed and
adopted this 15 day of JUne ., 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By ��e
-1-1. Tippir/.Alce Chairman
17
BOOK 89 FAGE816
JUN 15 1993
BOOK 89 PnE 817 -1
PUBLIC HEARING - COUNTY -INITIATED REQUEST TO REZONE APPROXIMATELY
0.68 ACRES FROM CG TO OCR
The hour of 9:05 o'clock A. M. having passed, the County
Attorney announced that this public hearing has been properly
advertised as follows:
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
In the matter a 41 Ar
In the Court, was pub -
0
lished In said newspaper In the Issues
Afflant 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, Fl6rlda, for a period of one year next preceding the first publication of the attached copy of
advertisement; and afflant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. I .
Sworn to and subscribed before m c*.zhUD 9 A.D. 19
(SEAL)
N" lift, %to 6f %W
Cminds" N*As Ame 29, 1993
NOTICE - PUBLIC HEARING
Notice of hearing to s' er the adoption of a
froff. M General
==4—vocr Office. Cormodal,
Residential District. The sub
r %speerry Is J=
err t
sently owned by Theola D. erry, M.
son, Ossle W. Jacitson, and Vely lackson,'Z
rbr southwest
*=Is located at
39th Street, and contains approxi -
0.18 sa�Z sub*4 = gas in the
ft..M nF. 14 aso section 26,
Township 32S, Range 39E, lying and being In Indian
River County, Florida.
A h= at which parties In Interest and
CIU.M an opportunity to be heard, will
be held
Indian RZ the Board of County Commissioners of
County. Florida, In the County Commis-
sion Chambers of the County AcImInIstration Build -
Ing, locatedl at 1840 25th Street, Vero Beach, Flor-
ida on Tuesday, June IS. 1M, at 9:05 amL
( The Board of County Commissioners may adopt
another zordng district, other than it* district re-
quested. provided It Is within the am* general use
category. I I .
Anyone who may wish to anyj=
which i%riwm III ne er�-
t;:y be made at this mee
sure W4 verbatrn record of the proceedings Is
made, w Incatles testimony and . evidence upon
which the appeal Is based.
Anyone who needs a special accommodation for
this meeting must contact the county's Americans
with Disabilities Act (ADA) Coordinator at 567-80M
extension � 408 at Wast 48 hours In advance of
mes".
Indian River County
Board of County Commissioners - 0'
By-.-sachard N. Bird, Chairman
May 24, IM 1002118
The Board reviewed the following memo dated June 3, 1993:
18
J*
Subject
13�operty
39th ST
F2WT
NOTICE - PUBLIC HEARING
Notice of hearing to s' er the adoption of a
froff. M General
==4—vocr Office. Cormodal,
Residential District. The sub
r %speerry Is J=
err t
sently owned by Theola D. erry, M.
son, Ossle W. Jacitson, and Vely lackson,'Z
rbr southwest
*=Is located at
39th Street, and contains approxi -
0.18 sa�Z sub*4 = gas in the
ft..M nF. 14 aso section 26,
Township 32S, Range 39E, lying and being In Indian
River County, Florida.
A h= at which parties In Interest and
CIU.M an opportunity to be heard, will
be held
Indian RZ the Board of County Commissioners of
County. Florida, In the County Commis-
sion Chambers of the County AcImInIstration Build -
Ing, locatedl at 1840 25th Street, Vero Beach, Flor-
ida on Tuesday, June IS. 1M, at 9:05 amL
( The Board of County Commissioners may adopt
another zordng district, other than it* district re-
quested. provided It Is within the am* general use
category. I I .
Anyone who may wish to anyj=
which i%riwm III ne er�-
t;:y be made at this mee
sure W4 verbatrn record of the proceedings Is
made, w Incatles testimony and . evidence upon
which the appeal Is based.
Anyone who needs a special accommodation for
this meeting must contact the county's Americans
with Disabilities Act (ADA) Coordinator at 567-80M
extension � 408 at Wast 48 hours In advance of
mes".
Indian River County
Board of County Commissioners - 0'
By-.-sachard N. Bird, Chairman
May 24, IM 1002118
The Board reviewed the following memo dated June 3, 1993:
18
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE
aAL& -OML,
Robert M 0 KeAqtinggA CP
Community Development Director
THRU: Sasan Rohani S -JE.
Chiefs, Long -Range Planning
FROM: John Wachtelx
V
Staff Planner, Long -Range Planning
DATE: June 3, 1993
RE: COUNTY INITIATED REQUEST TO REZONE APPROXIMATELY 0.68
ACRES FROM CG TO OCR (RZON 93-03-0108)
It is requested that the data herein presented be given f ormal
consideration by the Board of County Commissioners at their regular
meeting of June 15, 1993.
DESCRIPTION AND CONDITIONS
This is a request to rezone approximately 0.68 acres from cGs,
General Commercial District, to OCR,, Office, Commercial,
Residential District. Located on the triangle of land bordered by
U.S. #1s, Old -Dixie Highways, and 39th Streets, the subject property
consists of five lots owned by Theola D. Perrys, Walter M. Jacksons,
Ossie W. Jackson, and Presely Jackson.
The subject property contains lots that are part of the W.E.
Geoffrey and Espy's subdivisions. These are old subdivisions that
were divided when U.S. #1 and Old Dixie Highway were built.
In January of this year, a fire dama . geds, single-family home on the
subject property was demolished. As a non -conforming use in the CG
zoning district, this home could not be rebuilt. If the property
were rezoned to OCRs, howevers, the home could be rebuilt. The
purpose of this request is to secure the necessary zoning to
rebuild the demolished home on the subject property.
On March 9, 1993, the Board of County Commissioners considered this
issue. At that meeting, the Board directed staff to undertake this
county initiated rezoning.
On May 13, 1993, the Planning and Zoning Commission voted 6-0 to
recommend that the Board of County Commissioners approve this
request to rezone the subject property to OCR.
Existina Land Use Pattern
The Subject property is zoned CGs, General Commercial District.
While three of the subject property's lots are vacant, non-
conforming single-family homes exist on the other two. North of
the subject property, across 39th Street, the land is zoned CG and
contains a single-family home along the west side of U.S. #1 and a
19
JUN 15 1993
J U N ILI?
BOOK 89 PnE 819
church and funeral home along the east side of Old Dixie Highway.
East of the subject property, across U.S. #1, the land is zoned RM -
81 Multiple -Family Residential District (up to 8 units/acre) and
contains the W.E. Geoffrey subdivision of mostly single-family
homes. South of the subject property.a small piece of RM -8 zoned
land is wedged between the rights-of-way of U.S. #1, Old Dixie
Highway, and the F.E.C. railroad tracks.
Since the F.E.C. railroad tracks constitute the boundary between
the city of Vero Beach and unincorporated Indian River County, the
property west of the subject property,, across Old Dixie Highway and
the F.E.C. railroad tracks, is within the Vero Beach city limits.
This property is vacant and is zoned ALI-A2,, Airport Light
Industrial (reserved for study of possible uses) on the city's
zoning map.
Future Land Use Pattern
The subject p?roperty and*property to the north are designated C/Ip
Commercial/ Industrial on the future land use map. Land to the
south and east is designated M-1. Medium -Density Residential,, on
the future land use map. The M-1 designation permits residential
uses with a.density up to 8 units/acre. Land west of the subject
property, across Old Dixie Highway and the F.E.C. railroad tracks,
is within the city of Vero Beach. This land is designated CV,
Conservation, on the city's future land use map. The CV
designation permits open space and water recharge uses.
Environment
The subject property's natural condition has been disturbed by
development. No wetlands or native upland plant communities exist
on site. According to Flood Insurance Rating Maps, the subject
property does not include any flood hazard areas.
Utilities and Services
The site is within the Urban Service Area of the county.
Wastewater lines extend to the site from the Central County
(Gifford) Wastewater Plant. The City of Vero Beach Water Treatment
Plant provides potable water to the site.
Transportation Syst
The subject property has access to U.S. #1 and Old Dixie Highway.
U.S. #1 is classified as an urban principal arterial roadway on the
future roadway thoroughfare plan map. This segment of U.S. #1 is
a four -lane paved road with approximately 70 feet of existing
public road right-of-way. It is programmed for expansion to six
lanes and 130 feet of public road right-of-way by 2010. Old Dixie
Highway is classified as a collector roadway on the future roadway
thoroughfare plan map. This segment of Old Dixie Highway is a two-
lane paved road with approximately 65 feet of existing public road
right-of-way. No expansion of this segment of Old Dixie Highway is
programmed.
20
M M M
Zonina District Differences
As noted in the county's land development regulations,, the CG
zoning district is intended to accommodate general retail sales and
selected service activities. The OCR zoning district,, however,, is
oriented to less intense uses. According to county regulations,
the OCR zoning district is designed for office, commercial, and
residential development that is compatible with nearby
neighborhoods. Permitted uses within the OCR zoning district
include professional offices and residences. Most retail, service,
and other intense commercial uses are prohibited.
The difference between the CG and OCR zoning districts is best
illustrated by the respective purpose statements of the two
districts. These purpose statements, found in the land development
regulations, are as follows:
CG,, General Commercial District,, is intended to provide areas
for the development of general retail sales and selected
service activities. The CG district is not intended to
provide for heavy commercial activities, such as commercial
service uses, heavy repair services nor industrial uses.
OCR, Office, Commercial, Residential District, is intended to
provide areas for the development of restricted office,
commercial, and residential activities in a manner which will
be compatible with surrounding neighborhoods. The OCR
district is further intended to provide land use controls for
ensuring the separation of potentially incompatible
activities, such as intense commercial uses, from established
residential areas.
ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of:
• concurrency of public facilities;
• compatibility with the surrounding area;
• consistency with the comprehensive plan; and
• potential,impact on environmental quality.
Concurrency of Public Facilities
This site is located within the ' county Urban Service Area, an area
deemed suited for urban scale development. The comprehensive plan
establishes standards for: Transportation, Potable Water,
Wastewater, Solid Waste,, Drainage and Recreation (Future Land Use
Policy 3.1). The adequate provision of these services is necessary
to ensure the continued quality of life enjoyed by the community.
The comprehensive plan also requires that new development be
reviewed to ensure that the minimum acceptable standards for these
services and facilities are maintained.
Policy 3.2 of the Future Land Use Element states that no
development shall be approved unless it is consistent with the
concurrency management system component of the Capital Improvements
Element. For rezoning requests, conditional concurrency review is
required.
21
BOOK 89 Pg., P0
JUN J 5 1993
BOOK 89 N�'F j91
U. E.,
Conditional concurrency review examines the available capacity of
each facility with respect to a proposed project. Since rezoning
requests are not projects, county regulations call for the
concurrency review to be based upon the most intense use of the
subject property based upon the requested zoning district. For
commercial rezoning requests, the most intense use (according to
the county's land development regulations) is retail commercial
with 10,000 square feet of gross floor area per acre of land
proposed for rezoning. The site information used for the
concurrency analysis is as follows:
1. Size of Property: ±0.68 -acres
2. Size of Area to be Rezoned:
3. Existing Zoning Classification:
4. Existing Land Use Designation:
±0.68 acres
CG, General Commercial
C/ 1 0, Commercial/
Industrial
5. Proposed Zoning Classification: OCRj, Office,, Commercial,,
Residential
6. Most Intense Use under Proposed.Zoning Classification:
±6#800 sq. ft. of Retail Commercial (Shopping Center in
the 5th Edition ITE Manual).
As per section 910.07(2) of the Concurrency Management Chapter of
the County's Land Development Regulations,, projects which do not
increase density or intensity of use are exempt from concurrency
requirements. This rezoning request is exempt from concurrency
review because the requested zoning would not increase the use
intensity of the site.
By changing the zoning of the subject property from CG to OCRg
residential uses not currently allowed will be permitted on the
site. However, because the most intense use of the property would
be the same with either zoning district, changing the property's
zoning from CG to OCR will not create additional impacts on any
concurrency facilities.
When new development is proposed
detailed concurrency analysis
development approval process.
for the subject property, a more
will be conducted during the
Compatibility with the Surrounding Area
It is staff's position that the proposed rezoning will not create
any compatibility problems with the surrounding areas. Located
near railroad tracks and with access to two major roads,, the
subject property is appropriate for commercial zoning. While
decreasing the intensity, this request will maintain a commercial
zoning on the subject property. However, the OCR zoning district
will also allow the continuation of the residential uses
traditionally associated with the subject property.
The principal impacts of development of the subject property will
be on the residential area to the east, across U.S. #1. However,
since the requested OCR zoning district allows residential
development and other uses which are less intense than the uses
allowed in the CG zoning district,, the zoning change will not
increase impacts on adjacent areas.
22
M M M
Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of
the comprehensive plan. Rezonings must also be consistent with the
overall designation of land uses as depicted on the Future Land Use
Map,, which include agriculture, residential, recreation,
conservation, and commercial and industrial land uses and their
densities. Commercial and industrial land uses are located in
nodes throughout the unincorporated areas of Indian River County.
The goalso objectives and policies are the most important parts of
the comprehensive plan. Policies are statements in the plan which
identify the actions which the county will take in order to direct
the community's development. As courses of action committed to by
the countyr policies provide the basis for all county land
development decisions. While all comprehensive plan.policieg are
important,, some have more applicability than others in reviewing
rezoning requests. Of particular applicability for this request
are the following policies and objectives.
- Future Land Use Element Policy 1.15
Future Land Use Element Policy 1.15 states that the commercial land
use designation is intended for uses such as retail and wholesale
trade, officess business and personal servicest residential
treatment centers,, limited residential uses.. and other similar type
uses 0 In addition, that policy states that all commercial uses
must be located within an existing or future urban service area.
Since the subject property is located within a commercial/
industrial node within the county's urban service area, the request
is consistent with Future Land Use Element Policy 1.15.
- Future Land Use Element Objective 5
Future Land Use Element objective 5 states that the county will
provide for a mix of land uses which permit and encourage a variety
of development patterns to accommodate a diversity of lifestyles.
Since the OCR zoning district allows a mix of usest granting this
request would encourage a diversity of development in this portion
of the county. Therefore, the requested zoning is consistent with
Future Land Use Element Objective 5.
- Future Land Use Element Objective 10 and Policy 10.1
Future Land Use Element Objective 10 and Policy 10. 1 state that the
county will reduce the number of non -conforming uses - The existing
residential uses on the subject property are non -conforming in the
CG zoning district,, but permitted in the OCR zoning district.
Therefore,, rezoning the subject property from CG to OCR would
implement Future Land Use Element Objective 10 and Policy 10.1 by
eliminating these non -conforming uses.
Potential Impact on Environmental Quality
It is staff's position that the requested zoning change will not
negatively impact the environmental quality of this previously
disturbed site. Since the property is less than one acre in size,
county native upland preservation regulations do not apply. Given
the disturbed nature of the site, however, this lack of
applicability is insignificant. Based upon its analysis,, staff has
23
JUN 151993 Bou 89 P,�,UE 824'
Fr__ -1
JUN 15 19911 BOOK 89 893
determined Uhat the environmental impacts of development of the
subject property will be the same under either the current CG
zoning or the requested OCR zoning.
Appropriateness of the OCR Zoning District
As part of the W.E. Geoffrey subdivision,, the subject property has
historically been used for residential development. The completion
Of U.S. #1 and Old Dixie Highwayl howevers separated the subject
property from the rest of the subdivision. This "carving out" of
the subject property created an areal between U.S. #1 and Old Dixie
Highwayf that is appropriate for commercial development.
Generally,, the existing CG zoning is appropriate for the subject
property. In circum tances such as that of the subject propertyl
it is assumed that non -conforming residences will eventually
convert to commercial uses. With respect to the subject propertyp
the adjacent roadways provide convenient access and are considered
assets to the retail uses for which the CG zoning district is
intended.
However, in this case, the OCR zoning district is also appropriate.
The OCR zoning district allows both commercial uses to develop and
existing residential uses to continue. Furthermorel the OCR zoning
district is compatible with the residential areas east of the
subject property, as well as commercial uses north of the subject
property. For these reasonst the OCR zoning district is
appropriate for the subject property.
Conclusion
The requested zoning is compatible with the surrounding areal
consistent with the goalso objectives, and policies of the
comprehensive planl and meets all applicable concurrency criteria.
The subject property is located in an area deemed suitable for a
mix of office, restricted commerciall and residential uses. The
request meets all applicable criteria. Staff supports the request -
Recommendation
Both staff and the Planning and Zoning Commission recommend that
the Board of County Commissioners approve this request to rezone
the subject property from CG to OCR.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) adopted Ordinance 93-25,
amending the zoning ordinance and the accompanying
zoning map from CG to OCR, for the property
generally located at the southwest corner of U.S. #1
and 39th Street, as recommended by staff.
24
ORDINANCE NO. 93- 25
AN ORDINANCE OF INDIAN RIVER COUNTYr FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CG TO
OCRj, FOR THE PROPERTY GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF U.S. #1 AND 39TH STREET, AND 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 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:
All that tract of land in Section. 26,, Township 32 South, Range
39 East, being more particularly described as follows:
Lot 53, LESS road and railroad right-of-way, of the Espy's
Subdivision, the plat of which is recorded in Plat Book 2 Page
36 of the Public Records of St. Lucie County, Florida. All
lying in Indian River County, Florida. Also lots 1. 21 3, 14,
15, and 16 LESS road right-of-way; all in Block 1 of the W.E.
Geoffrey Subdivision, the plat of which is recorded in Plat
Book 2 Page 32 of the Public Records of St. Lucie County,
Florida. All lying in Indian River County, Florida.
Be changed from CG to OCR.
All with the meaning and intent and as set forth and described in
said Land Development Regulations.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 15th day of June, 1993.
This ordinance was advertised in the Vero Beach Press -Journal
on the 24th day of May, 1993 for a public hearing to be held on the
K&i
Bm 8 -0 �vu -t 8"?, 4
JUN 15 IM
BooK 89 PA,.;, F. 8 2-'5 -1
ORDINANCE NO. 93-25
15th day of June, 1993 at which time it was moved for adoption by
Commissioner Eggert , seconded by Commissioner Adams
, and adopted by the following vote:
Chairman Richard N. Bird Absent
Vice -Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
r____
BY:
0
ATTEST BY:
Jeffrev 9� Bal - Cler . e.
0 & X-7. e, 17r
Acknowledgement by the Department of 2tate of th State of Florida
this 25th day of June , 1993.
Ef fective Date: Acknowledgement from the Department of State
received on this 30th day of June 1 1993, at 10:00 A. M.
A.M./PxX. 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
William G. Collins II, Deputy County Attorney
_0"44_.a
Robert M. K6atinb, fyCP
Community Development Director
PUBLIC HEARING - DOROTHY L. WALKER REQUEST TO REZONE APPROXIMATELY
2.09 ACRES FROX IL TO CH
The hour of 9:05 A. M. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
26
VERO BEACH PRESS -JOURNAL
I
Published Daily
Vero Beach. Indian River County, Florida I
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who o n oath
says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a %-� iL
In the matter
Court, was pub-
lished In said newspaper In the issues 0,_��/ �,, - ze ez-
Afflant 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 sold Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me -t! d I A.D. 19
(Business 6Uhdber)
4r A,
(SEAL) P?9;�Aft- ftm At RAU
my COMMU00 6#0 it.-Itc 29, 103
17�1
CL
T
CG
Subject
Propert
y
C.R. 510
CH
NOTICE - P=C MMM
'Notice of hearing to cansider the adoption of a
cowq ordinance rezorft land from: IL, Light bi.
&1911161 District to CK Reavy Camnercial District
The sutoct
L Walker. =19 Mpmpe*rty T1,41adet.1d Domt"he
northwest comer of C.R. 510 and the F.E.C. rall�
mad tracks, and contain approxhnately 2.09
am. The sub poperty gas In the scuftmst V4
31S, Range 39F,
Wig and being In Rim County, Florida.
A pAft hearing at Which parties in Interest and
citizens shelf have an opportunity to be heard, will -
be hold by the Board of CT - CaTmIlssicners or
Ircilan River County, Florida. Inle County C--IS-
slon Clanbers of the Ccunty Aftfttratlon Suld-
Ing, located at 1840 25th Street, Vero Beach, Flor- 1
ida on Tuesday, June 15, 1993. at 9:05 a.m.1 -
The Board of Casq Caruftslaners * n" adapt
another Zwft district other it= the district re-
qjested, povided it Is within the saw general we
category.
Anyme who may wish tD
which may be rnade at this me,
fr.wm=l
sure that a verbaft record of Voceedings Is -
made, Which Irckdes testimany and evidence upon'
wtdch the appeall is based.
Anyone who needs a special accommodation for
this meeting must contact the caunty's Americans
with Disabliffies Act (ADA) Coordinator at 56743=
extension 408 at ISM 48 haurs In advance of
"Ineflan RKv Cminty
Board of Cmmty Carrmftsioners
ST. -s -Richard N. Bird, Chalmian
May 24.1993 1002111
The Board reviewed the following memo dated June 3, 1993:
TO: James E. Chandler
County Administrator
DEPARTMENT HEAD CONCURRENCE
,a ow -1K_.4—
v-7 4 09 ad, 44drdfirdw
Robert -M. xealingFCAICp
Comnunity Development Director
THRU: Sasan Rohani 57-tZ.
Chief# Long -Range Planning
FROM: John VachtelA/
Staff Plannerr Long -Range Planning
DATE: June 3. 1093
RE: DOROTHY L. WALKER REQUEST TO REZONE APPROXIMATELY 2.09
ACRES FROM IL TO CH (RZON 93-03-0080)
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of June 15, 1993.
27
L_ JUN 15 1993
JUN 15 1993 BOOK
DESCRIPTION AND CONDITIONS
89 Pk�',FR9.17 -1
This is a request to rezone approximately 2.09 acres from IL, Light
Industrial DistrictI to CHI Heavy Commercial District. The subject
property is located at the northwest corner of C.R. 510 and the
F.E.C. railroad tracks, and is owned by Dorothy L. Walker. The
purpose of this request is to secure the necessary zoning to
develop a portion of the site for used car sales.
On May 13, 1993 the Planning and Zoning Commission voted 6-0 to
recommend that the Board of County Commissioners approve this
request to rezone the subject property to CH.
Existina Land Use Pattern
The subject property is zoned ILI Light Industrial District.
Currently, the subject property contains several non -conforming
uses including four permanent residencesF four mobile homesF and
two miscellaneous buildings. The land to the north and west of the
subject property is also zoned IL. Except for an auto repair shop
on the adjacent parcel along C.R. 510t this is vacant uncleared
land. The F.E.C. railroad tracks abut the subject property on the
east. The GRW Citrus Packinghouse is east of the railroad tracks.
This area is zoned CGI General Commercial District. To the south
of the subject propertyr across C.R. 510, land is zoned CHI Heavy
Commercial DistrictI and contains the Graves Brothers citrus
packinghouse. I
Future Land Use Pattern
The subject property and all surrounding properties are currently
designated C/Ir Commercial/Industrial, on the future land use map.
Environment
The subject Propprty's natural condition has been disturbed by
development. No wetlands or native upland plant communities exist
on site. According to flood insurance rating mapst the subject
property does not include any flood hazard areas.
Utilities and Services
The site is within the Urban Service Area of the county; however,
water lines do not extend to the site. Wastewater service is
available to the site from the North County Wastewater Plant.
Transportation System
The property has access to C.R. 510, which is classified as an
urban principal arterial roadway on the future roadway thoroughfare
plan map. This segment of C.R. 510 is a 2 -lane paved road with
approximately 80 feet of existing public road right-of-way. No
expansion of this segment of C.R. 510 is programmed.
Zoning District Differences
There are many similarities and some differences between the IL
zoning district and the CH zoning district proposed for the site.
These similarities and differences are best illustrated by the
respective Purpose statements of the two districts. These purpose
statements are as follows:
28
M M M
M M M
ILI Light Industrial District, is intended to provide
opportunities for limited manufacturing and industrial uses
and to promote the establishment of employment centers which
are accessible to urban services and facilities,, the area
labor force, and local industrial and business markets while
minimizing the potential for any adverse impacts upon nearby
properties.
CH, Heavy Commercial District, is intended to provide areas
for establishments engaging in wholesale trade, major repair
services and restricted light manufacturing activities. The
CH ' district is further intended to provide support services
necessary for the development of commercial and industrial
uses allowed within other nonresidential zoning districts.
In term of permitted uses,, the principal dif f erence between the CH
and IL zoning districts is that most manufacturing uses that are
permitted within the IL zoning district (such as the manufacturing
of tobacco products, textile products, lumber and woodI furniture
and f ixtures I rubber products, drugs and pharmaceuticals, f ootwear I
and electronic equipment) are not allowed within the CH zoning
district. As a transitional type of zoning district having more
intense uses than general commercial districts and less intense
uses than industrial districts, the CH district is oriented to uses
such as warehouses, contractor trades, and repair establishments.
AKALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of:
• concurrency of public facilities;
• compatibility with the surrounding area;
• consistency with the comprehensive plan;
• potential impact on environmental quality; and
• the appropriateness of the CH district.
Concurrency of Public Facilities.
This site is located within the county Urban Service Area, an area
deemed suited for urban scale development. The comprehensive plan
establishes standards for: Transportation, Potable Water,
Wastewater, Solid Waste, Drainage and Recreation (Future Land Use
Policy 3. 1) - The adequate provision of these services is necessary
to ensure the continued quality of life enjoyed by the community.
The comprehensive plan also requires that new development be
reviewed to ensure that the minimum acceptable standards for these
services and facilities are maintained.
Policy 3.2 of -the Future Land Use Element states that no
development shall be approved unless it is consistent with the
concurrency management system component of the Capital Improvements
Element. For rezoning requests,, conditional concurrency review is
required.
Conditional concurrency review examines the available capacity of
each facility with respect to a proposed project. Since rezoning
requests are not projects, county regulations call for the
concurrency review to be based upon the most intense use of the
subject property based upon the requested zoning district. For
commercial rezoning requests, the most intense use (according to
9E
BOOK 89 FAIGif 828
JUN 1993,
BOOK 8 9 P,� " -1
U 899
the county's land development regulations) is retail commercial
with 10,000 square feet of gross floor area per acre of land
proposed for rezoning. The site information used for the
concurrency analysis is as follows:
1. Size of Property: ±2.09 acres
2. Size of Area to be Rezoned:
3. Existing Zoning Classification:
4. Existing Land Use Designation:
±2.09 acres
ILI Light Industrial
C/ I,, Commercial/
Industrial
5. Proposed Zoning Classification: CHI, Heavy Commercial
6. Most Intense Use under Proposed Zoning Classification:
t20j900 sq. ft. of Retail Commercial (Shopping Center in
the 5th Edition ITE Manual).
As per section 910.07(2).of the Concurrency Management Chapter of
the county's land development regulations, projects which do not
increase density or intensity of use are exempt from concurrency
requirements.- This rezoning request is exempt from concurrency
review because the requested zoning would not increase the use
intensity of the site.
By changing the zoning of the subject property from IL to CH.
various uses not currently allowed will be permitted on the site.
However, because the most intense use of the property would be the
same with either zoning district# changing the property's zoning
from IL to CH will not create additional impacts on any concurrency
facilities.
When new development is proposed
detailed concurrency analysis
development approval process.
for the subject property, a more
will be conducted during the
Compatibility with the Surrounding Area
It is staff's position that the proposed rezoning will not create
any compatibility problems with the surrounding areas. Since the
requested CH zoning district is similar to the current IL zoning,
the zoning change would not increase the impacts on adjacent areas.
Additionally, since land south of the subject property is zoned CH,
the proposed zoning would be a continuation of an existing zoning
pattern. For these reasons, development of the subject property
under the proposed zoning is anticipated to be compatible with
surrounding areas.
Consistency with Comprehensive Plan
Rezoning requests are reviewed for consistency with all policies of
the comprehensive plan. Rezonings must also be consistent with the
overall designation of land uses as depicted on the Future Land Use
Map,, which include agriculture,, residential, recreation,
conservation, and commercial and industrial land uses and their
densities. Commercial and industrial land uses are located in
nodes throughout the unincorporated areas of Indian River County.
Orl
M M M
The goals, objectives and policies are the most important parts of
the comprehensive plan. Policies are statements in the plan which
identify the actions which the county will take in order to direct
the community's development. As courses of action committed to by
the county, policies provide the basis for all county land
development decisions. While all comprehensive plan policies are
important,, some have more applicability than others in reviewing
rezoning requests. Of particular applicability for this request
are the following policies.
- Future Land Use Policy 1.15.
Future Land Use Policy 1.15 states that the commercial land use
designation is intended for uses such as retail and wholesale
trade, offices, business and personal services, residential
treatment centers,, limited residential uses,, and other similar type
uses. In addition, that policy states that all commercial uses
must be located within an existing or future urban service area.
Since the subject property is located within a commercial/
industrial node within the county's urban service area, the request
is consistent with Future Land Use Policy 1.15.
- Future Land Use Element Policy 10.1
Future Land Use Element Policy 10.1 states that the county will
eliminate non -conforming uses. The existing residential uses on
the subject property are non -conforming in both the IL and CH
zoning districts. To develop the site# non -conforming uses on the
portion of the site to be developed must be eliminated. Rezoning
the subject property to CH will facilitate development of the site
and the elimination of non -conforming uses. Therefore, rezoning
the subject property from IL to CH is consistent with Future Land
Use Element Policy 10.1.
Potential Impact on Environmental QualitV
It is staff's position that the requested zoning change will not
negatively impact the environmental quality of this previously
disturbed site - Based upon its analysis,, staff has determined that
the environmental impacts of development of the subject property
will be the same under either the current IL zoning or the
requested CH zoning.
Appropriateness of the CH District
Both the IL and the CH zoning districts are appropriate for the
subject property. As mentioned earlier,, these zoning districts are
similar and compatible.
The IL district is intended to provide opportunities for limited
manufacturing and industrial uses,, and the establishment of
employment centers. Since it is adjacent to both C.R. 510 and the
F.E.C. Railroad TracksF and is located near Old Dixie Highway and
U.S. #1, the site is appropriate for industrial development. The
IL district must also be located in an area that minimizes the
potential for negative impacts on nearby properties. Since the
site is bordered by C.R. 510 and tihe F.E.C. Railroad Tracks on the
South and east respectivelyl and by the IL zoning district on the
north and west,, the subject property meets this criteria.
31
JUN 151993
ki
BOOK 89 830
JUN 15 1993
BOOK 8 9 PA G F 8,-3 1
These characteristics,, however,, also make the site appropriate for
the CH district. Besides these characteristicar accessibility is
also important for CH uses such as wholesale trade,, warehouses,,
contractor trades, and other allowed uses. With respect to this
property,, the referenced roadways provide that accessibility.
Additionally,, the CH district is intended to provide support
services to other commercial and industrial uses. Since the site
is surrounded by commercial and industrial zoning districts,
including CH *zoning to the south,, the opportunities to provide
these services are increased. For these reasonss, the CH zoning
district is appropriate for the subject property.
Conclusion
The requested zoning is compatible with the surrounding area,,
consistent with the goalso objectives, and policies of the
comprehensive plan,, and meets all applicable concurrency criteria.
The subject property is located in an area deemed suitable for
commercial uses, and the request meets all applicable criteria.
Staff Supports the request.
Recommendation
Both staff and the Planning and Zoning Commission recommend that
the Board of County Commissioners approve this request to rezone
the subject property from IL to CH.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter. There being none, he closed the
public hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Chairman Bird being absent) adopted Ordinance 93-26,
amending the zoning ordinance and the accompanying
zoning map from IL to CH, for the property generally
located at the northwest corner of Ck-510 and the
F.E.C. railroad tracks, as recommended by staff.
32
-1
ORDINANCE NO. 93-26
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM IL TO
CH, FOR THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER
OF C.R. 510 AND THE F.E.C. RAILROAD TRACKS, AND 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
Countyj, 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 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;
NOWj, THEREFOREj, 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 Countys
Florida, to -wit:
From the quarter corner on the South boundary line of Section
28, Township 31 South, Range 39 East, run West on the section
line a distance of 138.85 feet to the intersection of the West
right-of-way line of the Florida East Coast Railroad, then run
North 250 051 West a distance of 27.6 feet on said railroad
right-of-way to a point of beginning on the North right-of-way
line of a county road, said North right-of-way being parallel
to and 25 f eet North of said South boundary line of said
Section 28; f rom said point of beginning run West on said
North right-of-way line of said County road for a distance of
292.15 feet, then run North 00 22' East a distance of 150
feet, then run West a distance of 102 feet, then run North 00
22' East a distance of 197 feet, then run North 850 521 East
a distance of 225 feet to the said West right-of-way of the
Florida East Coast Railroad, then run South 25o 05' East a
distance of 401.8 feet on said West right-of-way line of
Florida East Coast Railroad to said point of beginning, LESS
the South 15 feet thereof for road right-of-way.
Be changed from IL to CH.
All with the meaning and intent and as set forth and described in
said Land Development Regulations.
01K
JUN 15 1993 BOOK 8 9 PA r, F 83 020
FF'_ J U N
ORDINANCE NO. 93-26
BOOK 89 PA., F. 8,3 3
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 15th day of June# 1993.
This ordinance was advertised in the Vero Beach Press -Journal
on the 24th day of May, 1993 for a public hearing to be held on the
15th day of June, 1993 at which time it was moved for adoption by
Commissioner Adams . seconded by Commissioner Eggert
, and adopted by the following vote:
Chairman Richard N. Bird Absent
Vice -Chairman John W. Tippin Ave
Commissioner Fran B. Adams Ave
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: �&. I a -
gio n jW. Tip�iA-,I'Vice Chairman
ATTEST BY:
to C erk
Acknowledgement by the Department of State of the State of Florida
this 25th day of June 1 1993.
E f f ective Date: Acknowledgement from the Department of State
received on this 30th day of June # 1993, at 10:00 A. M.
A.M./M. and filed in the office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
"PROVED AS TO FORM AND
LEGAL SUFFICIENcT
William G. Collins II, Deputy County Attorney
Robert M. Keatkng,6AICP
Community Development Director
KAY GARLINGIS REQUEST FOR REZONING CONSIDERATION: COLONIAL GARDENS
PHASE I SUBDIVISION
Planning Director Stan Boling presented the following memo
dated June 29, 1993:
34
TO.: James -E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robeer/&W Kealtin%,,�,AICP
Community Develoodent Director
".1-0
FROM: Stan Boling, AICP
Planning Director
DATE: June 29, 1993
SUBJECT: Kay Garling's Request for Rezoning Consideration:
Colonial Gardens Phase I Subdivision
It is requested that the data herein presented be given f ormal
consideration by the Board of County Commissioners at its regular
meeting of June 15, 1993.
BACKGROUND:
Mo. Kay Garling owns and occupies a house located at 1123 9th
Square, on Lot 18 of Colonial Gardens Phase 1 Subdivision. Phase
I of * the subdivision lies within the RM -6 zoning district
(Residential Multi -Family up to' 6 units per acre) I although all of
Phase 1 has been platted for single-family development (note: all
units constructed in Phase 1 are single-family units). Phase 2 of
the subdivisions, which has been constructed but has not yet
received final plat approvals, is located immediately north of Phase
1 and was rezoned in 1992 from RM -6 to RS -6 (Residential Single -
Family up to 6 units per acre). Setbacks in the RM -6 district are
more restrictive than RS -6 setbacks, as illustrated below:
Zoning District Setback Area
RS -6 Front yard
Side yard
Rear yard
RM -6 Front yard
Side yard
Rear yard
Reauired Setback
20'
10,
201
251
10,
251
Ms. Garling desires to have a screened porch on the rear of her
house, utilizing an existing roof overhang and patio area. Such a
structure could not comply with the RM -6 251 rear yard requirement.
However, the desired structure could comply with the RS -6 20, rear
yard requirement. Mo. Garling has Purportedly contacted Phase 1
residents and the subdivision developer regarding a possible
rezoning, and wishes to have Phase 1 rezoned from RM -6 to RS -6.
Such a rezoning would reduce the setback requirements and allow for
No. Garlingis screened porch,, and would also be consistent with the
single family development of Phase 1 and the zoning of Phase 2.
MO. Garling is now requesting that the Board of County
Commissioners direct staff to initiate the rezoning request (see
attachment #2).
35
101MINK"M
BOOK F -A,
JUN i U835
5 1993 BOOK 89 PA11
ANALYSIS & ALTERNATIVES:
Since last fall 'r planning staff have communicated with Mo. Garling
in writing several times (11/16/92; 4/7/93; 4/23/93; see attachment
#1). Staff has indicated to her that she can address her RM -6
setback concerns by either applying to amend the RM -6 setbacks (via
an LDR amendment) or by applying to rezone her property and the
rest of Phase 1 from RM -6 to RS -6.
@Amending the RM -6 Setbacks
Each of the county's 5 multi -family zoning districts (RM -3. RM -4j
RM -6j RM -8, RM -10) has the same setbacks: 251 front and rear yards
and 101 side yards. Years ago,, these setbacks were established to
be more restrictive than the RS -6 and RT -6 front and rear yard
setbacks due to the fact that most RM -6 development is more intense
than single-family development and warrants a greater separation
from roadways and rear yard areas. Although both multi -family and
single-family units are allowed in each multi -family district, the
same setbacks are required for both unit types to ensure conformity
of setbacks along streets and in neighborhoods within the same
zoning district. For this reasdnf staff would not support an IMR
amendment to change or diversify setbacks within the RM -6 or other
multi -family districts.
eRezoning Colonial Gardens Phase I
Colonial Gardens Phase 1 is developed as a single-family
subdivision and is bounded on its north, south, and east sides by
RS -6 zoning (see attachment #3). Based upon these facts, planning
staff has indicated to mg. Garling that it would support rezoning
Phase 1 from RM -6 to RS -6. . Staf f also advised Ms. Garling that
other Phase 1 property owners, including the subdivision developer,
may be interested in joining -in with her to rezone the property.
Such a Joint application would demonstrate neighborhood solidarity
in favor of the rezoning and could help defray the cost of filing
a rezoning application by an individual. The cost of an
application to rezone Phase 1 is $650.
*Waiving the Rezoning Fee: County -Initiated Rezoning
Me. Garling purportedly has contacted many of the Phase 1 property
owners, and has indicated to staff that the property owners are in
favor of rezoning Phase 1 to RS -6- However, neither Ms. Garling
nor any other property owner has liled a rezoning application. No.
Garling is now requesting that the Board of County Commissioners
direct staff to waive the application fee and initiate a rezoning
of all of Phase 1 to RS -6j to make the Phase 1 zoning conform to
the Phase 2 1992 rezoning action.
Only on rare occasions has the Board of County Commissioners
"waived" a rezoning application fee by directing to staff to
initiate and process a county -initiated rezoning. Such waivers
require the county to absorb advertizing, certified notice, and
administrative costs associated with processing a rezoning
application. on such occasions, the Board has determined that the
county had an obligation to initiate a rezoning to correct a zoning
problem or correct a previous zoning error or oversight. The most
recent cases where the Board initiated a rezoning application are:
36
M M M -
-1
the W.E. Geoffrey subdivision rezoning to OCR, and the rezoning to
RM -10 of several "out parcels" to the Housing Authority site that
are located in the 3800 block of 47th Street.
In staff's opinion, The RM -6 zoning of Phase 1 provides a typical
zoning transition between the commercial strip center on Old Dixie
Highway and the single-family area farther west. Thus j, the current
Colonial Gardens Phase 1 zoning is adequate and does not warrant
special action by the county. Instead of granting the request to
initiate a rezoningt the Board of County Commissioners could take
action at a later date on a rezoning request initiated by an
individual or group of individuals who own property in Colonial
Gardens Phase 1.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners deny the
request for a county -initiated rezoning of Colonial Gardens Phase
Commissioner Eggert believed that the County should pay for
rezoning only to correct an error or oversight in the Comprehensive
Land Use Plan. She suggested that the residents of the subdivision
group together to pay the cost of rezoning.
Director Boling responded that Ms. Garling's neighbors are in
support of rezoning, but they are not willing to contribute
anything towards the cost.
Commissioner Macht asked, and Community Development Director
Bob Keating explained that the zoning was consistent with the area
because those parcels were intended to be a phase-in between the
commercial and single-family parcels. However, it is permissible
for a developer to plat a parcel for a less intensive use without
having it rezoned.
Commissioner Adams felt that the developer should have had the
property rezoned, and he misled this person by saying she could
screen in her porch.
Deputy County Attorney Collins advised that the zoning is on
the face of the plat and there was no misrepresentation on the part
of the developer.
Ray Garling, owner of the subject property, indicated that she
cannot afford to pay the full cost for rezoning, and neither the
developer nor her neighbors want to contribute to the.cost.
Commissioner Macht asked whether the developer told her she
could screen in her porch.
37
BOOK 8J N�U 836
JUN 151993
BOOK 89 F,,� , F -1
k) - 83 7
Ms. Garling explained that she used a builder other than the
developer to build her home. She thought the property was zoned
for single family, since the entire area is comprised of single-
family homes.
Commissioner Macht asked, and Director Keating confirmed that
this cannot be handled with a variance because regulations for a
variance require a unique situation that creates a hardship.
commissioner Adams felt that this is a reasonable request, and
she pointed out that the cost to the County of changing the LDRs
would be greater than the cost of rezoning the property.
Attorney Collins advised that it is not legal for the County
to spend public money for a private purpose.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board (3-1, Commissioner
Adams voting in opposition, Chairman Bird being
absent), denied the request for a County- initiated
rezoning of Colonial Gardens Phase 1, as recommended
by staff.
AS -BUILT RESOLUTION AND ASSESSMENT ROLL FOR PAVING AND DRAINAGE
IMPROVEMENTS - 10TH COURT SW BETWEEN 9TH STREET SW (OSLO ROAD) AND
11TH STREET SW
The Board reviewed the following memo dated May 26, 1993:
38
TO:
James Chandler
County Administrat
THROUGH: James W. Davis, P.1
Public Works Direc
FROM:
SUBJECT:
DATE:
and
Roger D. Cain, P.E.
County Engineer .00
Michelle A. Gentile
flivAl lc�
& Vf.-L
At�
As -Built Resolution & Assessment Roll for Paving and Drainage Improvements to:
I Oth Court SW between 9th Street SW (Oslo Road) and I I th Street SW
May 26, 1993
WAIN -R 1-WK61ZVA Zff "S
The paving of the above road has been completed. At the Board of County Commissioners Meeting
on September 30, 1986, the Board decided that the cost would be on a 75/25% split, with the county
paying 75% of the cost. A copy of those minutes is attached. The final assessment is as follows:
10th Court SW Preliminm Estimates Final Co
$43,487.80 - 10001b $42,635.08 - 10001b
$10,871.95 - 25% $10,871.95 - 25%*
(2552.10 Front Footage) (2552.10 Front Footage)
$4.26/per $4.26/per FF
*This fi includes 2% Tax Collector's fee.
r j
ur
gu
The final assessment roll has been preparl. and is ready to be delivered to the Clerk to the Board.
Assessments are to be paid within 90 days or in 2 equal installments, the first to be made twelve
months from the due date and subsequent payments to be due yearly from the due date at an interest
rate of 9IY4010 established by the Board of County Commissioners.
Since the final assessment to the benefitted owners is the same as the preliminary assessment roll,
the only alternative presented is to approve the final assessment roll.
It is recommended that the final assessment roll and the "As -Built Resolution" for the paving of the
above mentioned road be approved by the Board of county Commissioners and that it be transferred
to the Tax Collector for recording in the "Assessment Lien Book" and for collection.
39
JUN 15 1993 BOOK 89 Fnii-r.838
JUN 15 1993
BOOK 89 F-A11F 8,'39
J.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) adopted Resolution 93-
105, certifying "as -built" costs for certain paving
and drainage improvements to 10th Court SW between.
9th Street SW and 11th Street SW, as recommended by
staff.
RESOLUTION NO. 93-105
A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING
"AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENTS TO 10TH COURT SW BETWEEN 9TH STREET
SW AND 11TH STREET SW, DESIGNATED AS PROJECT NO.
8418, AND OTHER CONSTRUCTION NECESSITATED BY SUCH
PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND
DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST.
WHEREAS, the Board of County commissioners of Indian
River County determined that the improvements described herein
specially benefited the property located within the boundaries as
described in this title, designated as Project No. 8418, are in
the public interest and promote the public welfare of the county;
and
WHEREAS, on December 10, 1991, the Board held a public
hearing in the Commission Chambers at which time the owners of
the property to be assessed were afforded an opportunity to
appear before the Board to be heard as to the propriety and
advisability of making such improvements; and
WHEREAS, after such public hearing was held the County
Commission adopted Resolution No. 91-182, which confirmed the
special assessment cost of the project to the property specially
benefited by the project in the amounts listed in an attachment
to that resolution; and
WHEREAS, the Director of Public Works has certified the
actual "as -built" cost now that the project has been completed is
4.26 per front foot, which is the same as $4.26 per front foot in
the confirming Resolution No. 91-182,
NOW THEREFORE p BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
�U@
M M M
Resolution No. 93- 105
1. Resolution No. 91-182 is modified as follows: The
completion date for Project No. 8418 is declared to be April 28,
1993, and the last day that payment may be made avoiding interest
and penalty charges is ninety (90) days after passage of this
resolution.
2. Payments bearing interest at the rate of 9 3/4%
per annum may be made in two equal installments, the first to be
made twelve (12) months from the
due date and the subsequent payments to be due yearly from the
due date. The due date is ninety (90) days after the passage of
this resolution.
3. The final assessment roll for said project listed in
Resolution No. 91-182 shall be as set forth in attached Exhibit
"All to this resolution.
4. The assessments as shown in attached Exhibit "All shall
stand confirmed and remain legal, valid, and binding first liens
against the property against which such assessments are made
until paid.
5. The assessments shown in Exhibit "A"I attached to
Resolution No.91-182 were recorded by the County on the public
records of Indian River County, and the lien shall constitute
prima facie evidence of its validity.
This resolution was moved for adoption by commissioner
Eggert I and the motion was seconded by
Commissioner Adams . and, upon being put
to a vote, the vote was as follows:
Chairman Richard N. Bird
Absent
Vice -Chairman John W. Tippin
Aye
Commissioner Fran B. Adams
Aye
commissioner Carolyn K. Eggert
Aye
Commissioner Kenneth R. Macht
Aye
M1
L� JUN 151993 800K 8 9 P,�,u E. 8 4 0
JUN 15 1993
li
BOOK 89 Fr� 841
The Chairman thereupon declared the resolution duly
passed and adopted this 15
1993.
day o f June I
BOARD OF COUNTY COMMISSIONERS
OF I A4NIVER COUNTY, FLORIDA
By
lzw4gl.4 I
0 1. ,
W. Tippin' #Ice Chafrma
Attest:
JEFFREY K. BARTqN-,
Clerk Y,
r, "6(�
RESOLUTION 93-105, WITH FINAL ASSESSMENT ROLL ATTACHED,
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
PROFESSIONAL COASTAL ENGINEERING SERVICES AGREEMENT WITH COASTAL
TECHNOLOGY CORPORATION - VERO BEACH RESTORATION PROJECT
The Board reviewed the following memo dated June 7, 1993:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Professional Coastal Engineering Services
Agreement - Vero Beach Restoration Project -
Coastal Technology Corporation
DATE: June 7, 1993
DESCRIPTION AND CONDITIONS
FILE: bchmap.agn
As authorized by the Board on June 1, 1993, staff has negotiated
and prepared the attached Professional Services Agreement for
nearshore mapping, biological assessment, and beach erosion control
alternative analysis. The Scope -of -Work is divided into two
sections: Task' I being hardbottom mapping and biological
assessment, and Task 11 being design alternative analysis.
ALTERNATIVES AND ANALYSIS
The attached contract provides a comprehensive scope -of -work which
involves close liaison with the Indian River County Beach
Preservation and Restoration Committee to define beach restoration
alternatives, analysis of selected alternatives, and impact of
alternatives on the nearshore hardbottom environment. Once
complete, the Committee will be able to recommend to the Board a
viablebeach restoration program for the Vero Beach shoreline. The
compensation for the work is $60,000.
RECONNENDATIONS AND FUNDING
Staff recommends approval of the Professional Services Agreement.
and authorization for the Chairman to execute it on behalf of the
County. Funding will be reimbursed by FY 93/94 Tourist Development
Tax revenue.
W,
George Gross, 1230 39th Avenue, suggested clarifying the
definition of the project and removing the statement in Section
X.B. restricting the use of the documents in other projects.
Discussion ensued, and the Commissioners agreed that the
definition of the project as set forth on page 1 of the agreement
is adequate, but that the language of paragraph X.B. might be
subject to misinterpretation.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
chairman Bird being absent) approved the
professional coastal engineering services agreement
with Coastal Technology Corporation in the amount of
$60,000.00 for the Vero Beach restoration project,
as recommended by staff, and directed the County
Attorney to review and clarify Section X.B.
OMB Director Joe Baird explained that this expenditure was
authorized as part of the 1993-94 tourist development budget.
Since there is sufficient cash available, he recommended that the
Board authorize him to prepare a budget amendment reflecting the
$60,000.00 payment using 1992-93 tourist development funds.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
Budget Amendment #20 for the payment of $60,000.00
to Coastal Technology Corporation using 1992-93
tourist development funds, as recommended by staff.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Bair
OMB Director
Entry 1
TOURIST DEVELOPMENT FUND
TOURIST DEV. FUND/DISTRICT II
1119-145-572-
43
in 15 1993
SUBJECT: BUDGET AMENDMENT
NUMBER: 020
DATE: — July 7. 1993
BOOK fxu- �' 8 4
JUN
BOOK 89
F, -1
FAU'. 843
FLEET MANAGEMENT
UNDERGROUND FUEL STORAGE TANKS STATE
REI14BURSEMENT AGREEMENT
Public Works Director Jim Davis presented the following memo
dated June 7, 1993:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Fleet Management UndergrOund Fuel Storage Tanks -
State Reimbursement Agreement
REF. LETTER: Adam J. Darrow, TransAmerican Environmental, Inc.
to Jim Davis dated April 28, 1993
DATE: June 7, 1993 FILE: tanks.agn
DESCRIPTION AND CONDITIONS
TransAmerican Environmental, Inc. (TEI), Consultant for the Fleet
Management Division's Underground Fuel Tank Abandonment program and
Clean America Financial Corp.(CAFC), are offering the County a
program whereby TEI will perform all work required by the State DER
to clean up the Fleet Management tank arear including -consulting
fees, petroleum product contamination assessment, petroleum product
remediation, etc., and CAFC will bill the Florida DER directly,
without the County having to fund the work, submit numerous
reimbursement documentation, and directly compensate TEI. Since
this site had been determined to be eligible for state
reimbursement, the County can apply for cost reimbursement. TEI
and CAFC will assume all risk in receiving reimbursement for
petroleum product contamination under this program, and will accept
whatever payment FDER approves. There is a one time*fee of $2500
for this service, which covers a due diligence study of the site to
ensure eligibility. To date, the County has expended
approximately, $39,000, much of which should be reimbursed by the
State.
TEI has requested that the County execute the Contract first. TEI
will forward the executed contract to their financial backer CAFC
for approval. Af ter the Contract has been signed by CAFC, one
fully executed contract will be returned to the County.
ALTERNATIVES AND ANALYSIS
Staff has reviewed the State reimbursement procedures and
reimbursement forms and have found them to be quite lengthy (18
pages). In addition, it has been reported that payment
reimbursement may take up to 18 months. Staff time preparing
consultant contracts, agenda items, DER liaison, etc. is time
consuming. Based upon these facts, the following alternatives are
presented:
44
M M M
Alternative No. 1
Approve and execute the attached Contract to Perf orm Site
Remediation between CAFC/TEI and Indian River County.
Compensation in the amount of $2500 will be paid to CAM
by the County.
Alternative No. 2
Reject the attached contract.
RECOMMMATIONS AND FUNDING
Staff recommends Alternative No. 1 whereby the attached contract is
approved and the Chairman is authorized to execute it on behalf of
the County. Funding to be from 004-242-571-033.19
Public Works Director Jim Davis reported that costs of
clean ing up contaminants other than those covered by the Petroleum
Cleanup Act are not reimbursable, so there is a possibility we will
not recover 100% of our expenses.
Director Davis explained that the County is agreeing to not
dump chemicals or allow somebody to come in and dump chemicals that
would cause the site to be ineligible for State reimbursement.
Commissioner Adams felt that the contract was somewhat one-
sided.
Deputy County Attorney Collins advised that the contract as
written is favorable to the consultant, but governing law probably
would preclude the County from making claims beyond the contracted
amount, even if the contract were reworded.
Assistant County Attorney Terry O'Brien emphasized that many
of the points being raised by the Board were addressed in previous
negotiations. A number of changes were made in the original
contract, but the consultant would not agree to several of the
changes desired by the County.
commissioner Macht asked whether we could hire someone else to
process this paperwork for us.
Director Davis explained that there are other environmental
consultants, but the consultant with whom we have a contract for
the cleanup works with Clean American Financial Corp (CAFc) .
However, the Board has the option of directing OMB staff to handle
the paperwork instead of entering into this agreement.
OMB Director Joe Baird pointed out that staff is not familiar
with these forms. We could make o'ne error on a form and it would
cost us more than the $2,500.00 we are paying the consultant.
The consultant is not going to assume much liability f or the amount
we are paying. He explained that this contract benefits the
County, because all work done by Transamerica will be billed
45
BCOK 89 FAUES44
G
JUN 15 1993
BOOK 89 P"' -7
UE 845
directly to the Department of Environmental Regulation (DER), who
will scrutinize the billings. This relieves the County of worrying
about whether Transamerican Environmental, Inc., (TEI) is charging
too much for the cleanup. If the County decides to cancel the
agreement with CAFC, it will not affect our contract with TEI for
the cleanup.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
chairman Bird being absent) approved the contract
with Transamerican Environmental, Inc., and Clean
America Financial Corp. in the amount of $2,500.00
to perform site remediation, as recommended by
staff.
PARTIALLY EXECUTED COPY OF CONTRACT
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
WATER MAIN REPLACEMENT PROJECT NO. 3 - WORK AUTHORIZATION NO. 12 -
DRIVEWAYS, INC.
Utility Services Director Terry Pinto presented the following
memo dated June 3, 1993:
DATE:
JUNE 3, 1993
TO:
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM:
TERRANCE (;. PINT ?:/:k'
C
DIRECTOR OF UTILITY SERVICES
STAFFED AND
-1 -001 -
PREPARED BY:
1
TERRY if. DRUM 111P -
ENVIRONMENTAL SPECIALIST
DEPARTMENT OF UTILITY SERVICES
SUBJECT:
WATER MAIN REPLACEMENT - PROJECT NO. 3
INDIAN RIVER COUNTY BID NO. 91-113
INDIAN RIVER COUNTY PROJECT NO. UN -92 -18 -DS
WORK AUTHORIZATION NO. 12
BACKGROUND:
on August 6, 1991, the Board of County Commissioners approved the
award of the labor contract bid to Driveways, Inc., Bid No. 91-113
(see attached minutes). The Department of Utility Services proposes
to use this labor contract to replace the distribution system within
the above subject area. This is in response to the continuing
problems of rusting and low pressure with the existing galvanized
water lines. '-
46
On July 7, 1992, the Indian River County Board of county
Commissioners approved three surveying proposals from Masteller,
Moler and Reed to obtain data for the following projects:
Project No. 1 --Pineview Park Subdivision and Rivenbark Subdivision
Project No. 2 - Cooks Subdivision, Glen Acresl'and Ixora Park
Subdivision
Project No. 3 - Vero Mall vicinity, Ridgewood Subdivision, South
Side Park Subdivision vicinity, and Casa Rio
Subdivision vicinity
Surveying has been completed, and Project No. 3 is designed for
construction. Project No. "3 is comprised of. the replacement of
existing 2 -inch galvanized water main with approximately 3,450
linear feet of 2 -inch PVC water main.
ANALYSIS:
The cost of the labor to construct the 2 -inch PVC water mains under
the labor contract is $46,,070.38 (see attached Work Authorization
No. 12 with Driveways,, Inc.). The pipe, valves, and fittings will
be supplied by the County at a cost of $7,,967.10. In-house
engineering, inspection, and administration costs are estimated to
be $8,100.00.
The construction of these replacement water lines is a part of a
continuing effort by the Department to replace galvanized water
lines in Indian River County. Funding for this project will be from
renewal and replacement funds.
The staff of the Department of Utility Services recommends that the
Board of County Commissioners execute the subject agreement,, which
approves Work Authorization No. 12 to construct Project No. 3 with
Driveways, Inc., for the amount of $46,070.38 to replace an
estimated total of 3,450 linear feet of water main, and authorizes
expenditure of $16,067.10 for materials and in-house support,, along
with a 15% construction contingency of $9,320.62 for possible
unforeseen construction,, for a total project cost of
$71',458.10.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) approved Work
Authorization No. 12 with Driveways, Inc., for Water
Main Replacement Project No. 3, in the total amount
of $71,458.10, as recommended by staff.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WA
JUN 15 1993 BOOK PAUE846
JUN 15 IM
BOOK 89 NVF847-1
DEVELOPER'S AGREEMENT WITH NORTH LAXE FOODS, INC. (WAFFLE HOUSE
RESTAURAIM
The Board reviewed the following memo dated June 4, 1993:
DATEt JUNR 4, 1993
Tot JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTZ ERVICES.
PREPARED JOSE It. DIAZ
AND STAFFED PRIVATE PROJ S
BY: DEPARTMENT 0;� ILITY SERVICES
SUBJECT: DEVELOPERIS AGREEMENT WITH NORTH LAKE FOODS, INC.
(WAFFLE HOUSE RESTAURANT)
BACKGROUND
The Department of Utility Services has received all the documentation
necessary to complete the Water Distribution Operation Checklist for a
water line project that extends to the construction site of the Waffle
House Restaurant. The design calls for the installation of an 811
diameter water main, but it was necessary to oversize the line to 12"
to meet the requirements of our Water Master Plan inside the state Road
60 right-of-way. The Department of Utility Services now proposes to
enter into a Developer's Agreement with North Lake Foods, Inc., to
reimburse the difference in cost of the above-mentioned water line.
MLOYSIS
The reimbursement for this' construction is as follows:
ITEM REIMBURSEMENT
156 L.F. of 4" oversizing $1,248.00
(8" PVC to 12" PVC water*main)
at $2.00.00/inch per L.P. or
$8.00/L.F.
Total: $1,248.00
Funding for this reimbursement shall come from the impact fees
previously paid by the Developer, and will not exceed the
above-mentioned total.
The staff of -the Department of Utility Services recommends that the
Board of county Commissioners approve the attached Developer's
Agreement with North Lake Foods, Inc., for* oversizinq the
aforementioned -water lines.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
commissioner Bird being absent) approved a
developer's agreement in the amount of $1,248.00
with North Lake Foods, Inc., for reimbursement of
oversizing water lines, as recommended by staff.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
48
APPROVAL OF AGREEMENT WITH FEDERAL DEPOSIT INSURANCE CORPORATI
AND THE HEALTH DEPARTMENT - NEW HORIZONS MOBILE HOME PARK
The Board reviewed the following memo dated June 4, 1993:
DATE: JUNE 4, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
T;�/
E
DIRECTOR OF UTIU dERVICES
PREPARED HA E. ASHER - -a
AND STAFFED ASSISTANT DI;@6V0ROF UTILITY SERVICES
BY:
SUBJECT: APPROVAL TO EXECUTE AGREEMENT BETWEEN FEDERAL DEPOSIT
INSURANCE CORPORATION, COUNTY AND THE HEALTH DEPARTM ENT
BACKGROUN
The County is a first lien holder to secure payment of certain utility
fees incident to the required connection of the New Horizons Mobile
Home Park to County utilities. FDIC is a second lien holder. The
owner of the park has more or less abandoned the park and is
cooperating with the County and FDIC in having the park sold at
foreclosure sale.
ANALYSIS
The attached agreement would allow FDIC to foreclose its second lien
without paying the County's first lien (approximately $300,000.00)
until the property is resold by FDIC to a new buyer. The park would be
connected to County water and sewer pursuant to certain time frames in
the agreement, and the County lien would be paid in full by the new
purchaser.
Since this agreement was drafted, the water system at the park has
failed and the County has connected the park to County water with the
approval of the park owner and FDIC. The cost of this.improvement will
be repaid to the County at the referenced resale.
RECOMMENDATION
The staff of the Department of Utility Services recommends execution of
this agreement so that FDIC can proceed with foreclosure and begin
steps to rehabilitate the property.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Eggert, to approve an agreement
allowing the Federal Deposit Insurance Corporation
to foreclose its second lien on the New Horizons
Mobile Home Park, as set forth in the above staf f
recommendation.
� R]
BOOK 89 pA,E 8
48
rp- -1
F -An
BOOK 89 F.849
JUN 15 1993,
Under discussion, Commissioner Macht asked what the County's
chances are of getting paid.
Utility Services Director Terry Pinto responded that our
chances are very good. He explained that this contract does not
take away any of our rights, because we have a lien on the
property. When the FDIC sells the property, we will be able to
collect from the buyer.
Vice Chairman Tippin called for the question.
It was voted on and carried unanimously (4-0, Commissioner
Bird being / absent).
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
SEBASTIAN MIDDLE AND HIGH SCHOOL WATER LINE PROJECT - CHANGE ORDER
NO. 2 BOYCE COMPANY
The Board reviewed the following memo dated June 7, 1993:
DATE: JUNE 7F 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTIL7I;T;Y SERVICES
PREPARED WILLIAM rk- McCAIN
AND STAFFED CAPITAL CTS ENGINEER
BY: DEPAR 0 ILITY SERVICES
SUBJECT: SEBAST DDLE AND HIGH SCHOOL WATER L331E PROJECT
INDIAN COUNTY PROJECT NO. UW -91 -20 -DS
CHANGE ORDER 2
r -t-
on August 11, 1992, the Board of County Commissioners approved a
contract with the Boyce Company for the above-mentioned project.
(Agenda item attached.) The project is now nearing completion, and
we are bringing Change order 2 with the Boyce Company to the Board
of County Commissioners for approval of a reduction in the amount of
$81,615.71. We are also recommending a reduction in retainage (per
agreement) to 5 percent.
ANALYSIS
The original contract amount was $2,170,010.38; the change order is
for a reduction in the amount of $81,615-71 making the adjusted
contract amount $2,088,394.67 (see attached change order and
reconciliation sheet for details). Since the contract has proceeded
on schedule and satisfactorily, we Are also requesting a reduction
in retainage from 10 percent to 5 percent.
50
RECOMMENDATION
The staff of the Department Of Utility Services recommends that the
Board of County Commissioners approve Change Order 2 and authorize a
reduction of retainage to 5'percent.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Chairman Bird being absent) approved Change Order 2
with Boyce Company and authorized reduction of
retainage to 5 percent, as recommended by staff.
CHANGE ORDER IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
REQUEST FOR AN ORDINANCE PROHIBITING THE INTRUSION OF LIGHT ON
ADJACENT RESIDENTIAL PROPERTY
Assistant County Attorney Terry O'Brien presented the
following memo dated June 2, 1993 and letter from Mr. Herbert L.
Osborn dated May 24, 1993:
TO: Board of County Commissioners
lvp
FROM: Terrence P. O'Brien - Assistant County Attorney " 0
DATE: June 2. 1993
SUBJECT: REQUEST FOR AN ORDINANCE PROHIBITING THE
INTRUSION OF LIGHT ON ADJACENT RESIDENTIAL
PROPERTY
I recently received a phone call and a letter from a Mr. Osborn (copy
attached) concerning a halogen security light which his neighbor has
installed that shines directly on to his house. Mr. Orsborn has
requested that the County consider an ordinance which would prohibit
the unwanted Intrusion of high intensity lighting on adjacent residential
property.
Such an ordinance would be within the ambit of County police powers.
Accordingly, staff requests direction from the Commission as to whether
staff should prepare a draft ordinance for Commi sion consideration.
51
BOOK 89 FA.u.850
0
JUN 15 1993 BOOK 8.9 PA. G F. 8 5 1
0
� �- V/f U
'001
ooe�
�;�2o
Commissioner Macht did not believe an ordinance like this
would be enforceable, because it is very difficult to determine
what constitutes an intrusion.
Commissioner Eggert asked whether tennis court lighting
regulations would be applicable, and Community Development Director
Bob Keating explained that permits for tennis court lighting are
issued when site plans are approved. However, the regulations do
not address the issue of lights shining on neighboring property.
52
commissioner Adams asked whether other counties or cities have
lighting ordinances, and Attorney O'Brien explained that staff
wanted to discuss this with the Board before investing time on
research.
Vice Chairman Tippin sympathized with Mr. Osborn, but felt
that the County should not get involved in problems between
neighbors.
ON MOTION by Commissioner Macht, SECONDED by
commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) denied the request of
Herbert Osborn for an ordinance prohibiting the
intrusion of light on adjacent residential property.
DISCUSSION REGARDING CITY HIGH POWER LINES IN SOUTH COUNTY
Vice Chairman Tippin distributed copies of a newspaper article
and other information regarding health hazards of electromagnetic
fields. He realized that this is a controversial issue, but he
f elt there is suf f icient concern f or the Board to write a letter to
the City requesting a public hearing. He stressed that these lines
will run through his entire district, and he has received many
phone calls from concerned citizens.
Commissioner Macht commented that the editorial in this
morning's Press Journal echoes Vice Chairman Tippin's concerns, and
a public discussion might resolve the uncertainty in the minds of
these taxpayers.
Vice Chairman Tippin suggested that the Board send a letter
requesting the City to hold a public hearing as soon as possible.
Frank Call, electrical engineering director, City of Vero
Beach, explained that the public hearing scheduled for June 29 was
postponed because some of the experts were unavailable on that
date. Mr. Call stated that it would be too costly for the City to
delay the project. Furthermore, it will take years to determine
whether electromagnetic fields cause health problems.
Commissioner Eggert stressed that the citizens are frustrated
because the City has gone ahead with the project without allowing
a public discussion to occur. She f elt that it would be a lot more
costly to put up the poles, only to have to take them down later.
She suggested that the lines be buried.
Bruce Barkett, local attorney, pointed out that the City has
not kept its promise to allow a meaningful dialogue to occur bef ore
the poles were erected. He clarified that it was the City that
53
JUN J5 19p Bow, 89 FAGF8 5 02
JUN 15 )993
booK 89 PnF853 —1
could not get its experts here for a June 29 meeting. His clients
could have gotten their expert here f or a meeting on June 29 or
earlier and, in fact, wanted the meeting to be held in May.
Sasan Rohani, 644 25th Street, S.W., Vero Beach, distributed
the following information to the Board:
RECOMMENDATIONS REGARDING
1. Pass a resolution or send a letter to the City of Vero
Beach protesting the location of these lines In a
residential neighborhood (along 25th Street S.W. and
the lataral "J" canal). Suggest the "Doctrine of
Prudent Avoidance" to the city. If the risk Is
unknown, it Is best to avoid all exposure.
Request that the city halt all action In placing the
posts and expanding the high voltage above ground power
lines until an environmental Impact study Is done on
this transmission line extension and an appropriate
electromagnetic field (EHF) mitigation plan Is
prepared.
2. County Attorney's office to make a determination on the
following:
a. If an easement owned by the Indian River
Farms Water Control District (IRFWCD) along
drainage canals can be used for other uses
n ot related to drainage, such as placement of
high voltage transmission lines.
b. Can an easement be utilized for a use that
will effect beyond the physical limits of the
easement, such as EMF's which spread beyond
the limits owned by IRFWCD.
3. County Attorney's office to prepare an ordinance
prohibiting high voltage transmission power lines
within ' areas of the county designated on the future
land use map as residential or closer than 100 yards to
such a residential area unless these lines are buried
underground, safely, with sufficient Insulation to
prevent leakage of EMF's.
Mr. Rohani announced that he is a County employee but took an
hour of vacation to be here on his own time. He urged the Board to
write a letter to the City and request them to stop everything
until after the public hearing. otherwise, the City will put the
poles up and then on July 21 argue that it would cost too much to
take them down. Mr. Rohani did not understand how the City could
place concerns about costs above the lives of our children. He
commented that it would make sense to bury and insulate the lines
54
to reduce the cancer risk. Although burying the lines might cost
more money up f ront, it would save money later if there is a
hurricane. Mr. Rohani requested that the Board direct the County
Attorney's office to research items 2 and 3 on the above list of
recommendations.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Chairman Bird being absent) agreed to send the
following letter to the City of Vero Beach
requesting a public hearing as soon as possible, and
directed the County Attorney's office to research
items 2 and 3 of Sasan Rohani's list of
recommendations.
June 15, 1993
The Honorable Jay Smith
Mayor, City of Vero Beach
and City Council Members
P. 0. Box 1389 -
Vero Beach, Florida 32961
Dear Mayor Smith and Council Members:
The County Commissioners, in meeting this morning, voted to
respectfully request that the City hold a public hearing as soon
as possible so that citizens can voice concerns and possible
alternatives regarding the high voltage power lines running on
Lateral J Canal and through residential areas.
We have received numerous inquiries from county residents
and feel that a public hearing arena would at least allow the
residents to be heard.
Thank you for your consideration.
S
-4 n
(JohnW. Tippi
W. T
Vii e Chairman
o'
55
BOOK 89 Pm,;,F.854
JUN 15 1993
jUN 15 1993
Bou 89 855
BEACH AND SHORE PRESERVATION ADVISORY COXHITTEE REPORT
Commissioner Adams distributed copies of the following motions
made by the Beach and Shore Preservation Advisory Committee at
their most recent meeting:
MOTION was made by Bill Jordan, SECONDED by
Bruce Barkett, to approve recommen'ding that
the Board of County Commission consider
requesting the Tourist Development Council to
look into the possibility of bonding out a
portion of the tourist tax money for the
purpose of a beach project.
ON MOTION made by Michael Vanatta, SECONDED
by Bill Jordan, the Committee unanimously
(5-0) approved that the Vero Beach -Beach
Restoration Project Near -Shore Hardbottom
Mapping, Biological Survey, and Beach
Restoration Alternative Assessment
Professional Coastal Engineering Services
Agreement
and Scope
of Work be forwarded
to
the Board
of County
Commissioners on June
15,
1993.
ON MOTION made by Michael Vanatta, SECONDED
by Bill Jordan, the Committee unanimously
(5-6) approved recommending to the Board of
County Commissioners that a person be hired
specifically to work on beach restoration.
Commissioner Adams commented that the first recommendation is
contingent upon increasing the tourist tax to 3%, which should
cover the annual payments of $175,000 on a $2 million, 20 -year bond
at 6% interest. Issuing bonds based on projected tourist tax
revenue is a way to expedite the beach restoration project. The
second recommendation was presented and approved at today's BCC
56
M M M
meeting. Based on the results of the consultant"s study, the
Committee will recommend a specific project for renourishing the
beach, which will probably include a prefabricated erosion
protection (PEP) reef.
The third motion is for the Board's future consideration.
RESOLUTION TO STATE REGARDING POTENTIAL THIRD CENT TOURIST TAX
Commissioner Eggert f elt that it was important to make a
decision quickly on increasing the tourist tax from 2% to 3%. In
her opinion, using the additional 1% for a beach restoration
project would benefit the entire county, as well as tourists who
come here f or our beaches. She explained that OMB Director Joe
Baird suggested sending a resolution to the State in order to find
out exactly where the tourist tax dollars were coming from. Other
considerations include whether Tax Collector Karl Zimmermann would
be interested in collecting the tax, how using some of this money
for the beaches would fit in with the Vero Beach's City Charter,
and whether the City requires a referendum to increase the tourist
tax collected within the City.
Commissioner Adams predicted that beach renourishment will
provide storm protection and benefit tourism. She was concerned
that the City might decide against participating in the tourist
development tax, which would result in a shortage of funds f or
beach restoration.
Commissioner Macht suggested that we reach an agreement with
the city on raising the tourist tax to 3% and using the additional
revenue for beach restoration. Commissioner Macht supported the
Prefabricated Erosion Protection (PEP) reef project because he felt
that it would provide a large measure of storm protection and
complement other projects, such as dewatering or sand
renourishment. A PEP reef will provide the added benef it of
enhanced fishing and lobster diving.
NOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Macht, to adopt Resolution 93-106,
requesting the Department of Revenue to provide the
names and addresses of taxpayers within the taxing
boundaries of the local option tourist development
tax subcounty taxing districts within Indian River
County.
57
JUN 15 1993 BOOK 89 PAC;E856
JUN 15 1991 BOOK 89 85 7
RESOLUTION NO. 93- 106
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
REQUESTING THE DEPARTMENT OF REVENUE TO
PROVIDE THE NAMES AND ADDRESSES OF TAXPAYERS
WITHIN THE TAXING BOUNDARIES OF THE LOCAL
OPTION TOURIST DEVELOPMENT TAX SUBCOUNTY
TAXING DISTRICTS WITHIN INDIAN RIVER COUNTY.
WHEREAS, on January 27, 1987 the Board of County Commissioners
of Indian River County, Florida adopted Ordinance No. 87-11 establishing a
Local Option Tourist Development Tax in Indian River County; and
WHEREAS, the ordinance levying the Tourist Development Tax
created within Indian River County two subcounty taxing districts; and
WHEREAS, the Department of Revenue is now authorized to
disclose to the governing body of the county or subcounty district levying
the Tourist Development Tax the names and addresses of taxpayers within
the taxing boundaries of such county or subcounty district; and
WHEREAS, Indian River County desires to have all relevant
information concerning the Tourist Development Tax including the names and
addresses of the taxpayers within the subcounty taxing districts;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
herein.
1. The foregoing recitals are fully incorporated as if repeated
2. The Board of County Commissioners of Indian River County
requests the Department -of Revenue to provide to the Board of County
Commissioners the names and addresses of taxpayers within the taxing
boundaries of the Local Option Tourist Development Tax subcounty taxing
districts within Indian River County, for the fiscal year subsequent to
October 1, 1992.
3. Upon adoption of this Resolution the Chairman of the Board of
County Commissioners is authorized to delegate to staff the authority to send
an authenticated copy of this resolution to the Department of Revenue to
obtain the information requested herein.
58
N
RESOLUTION NO. 93- 106
The -foregoing resolution was offered by -Commissioner
Adams and seconded by Commissioner
to a vote, the vote was as follows:
Macht
and, being put
Chairman Richard N. Bird Absent
Vice Chairman John W. Tippin Aye
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 15 day of Junw , 1993.
INDIAN RIVER COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMISSIONERS
By Z�
L2,
L�6n fl.--Ti��W,'Vic_e Cliairman
Jim Granse, 36 Pine Arbor Lane, pointed out that there are
several condominiums in Vero Beach where tax is not being collected
on short-term rentals. He urged the County to try to enf orce
collection of the tourist tax.
Commissioner Macht stressed that Mr. Zimmermann is planning to
increase enforcement.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously (4-0,
Chairman Bird being absent).
Director Baird estimated that the 3rd cent will generate
between $175,000 and $180,000 a year. However, tourist taxes are
volatile depending on the state of the economy, and rating agencies
and bonding companies rate them lower than other state taxes.
Therefore, we may not be able to borrow the full amount.
Wl�
BOOK 8 9 F h ", F, 8 '-5 8
FF'
JUN 15 1993
BOOK 89 859
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Bird being absent) agreed to expedite
gathering of information on the 3rd cent tourist
tax, and to work with the County Administrator to
schedule a joint meeting with the city council as
soon as possible to discuss bonding out a portion of
the tourist tax revenue for the beach restoration
proj ect.
DISCUSSION REGARDING MCKEE JUNGLE GARDENS
Commissioner Macht distributed copies of the following letter,
which is an example of his response to several requests f or some of
the $26 million in Land Acquisition Advisory Committee funds to be
used to purchase McKee Jungle Gardens:
May 10, 1993
Me. Jeanne Taylor
25-203 Vista Gardens
Vero Beach, FL 32962
Dear Ms. Taylori.
Ll
Thank you* for your letter about McKee Jungle Gardens.
1, too, wish that the remainder of the original Gardens
could be saved for public use as a park. Unfortunately,
LAAC funds cannot be used for that purpose. Inasmuch as a
referendum for the purpose of acquisition of that property
failed, it would be unethical to provide publiclunding for
the same purpose. It would, in effect, be an "end run"
around the ex ressed public mandate.
.p
I do support and would contribute to a private
initiative to acquire and improve the Gardens into a park
reserve. Our community has a brilliant history of rising to
worthwhile private efforts such as the Center for the Arts,
the Riverside Theatre, the Samaritan Center, the
Environmental Learning Center and many more. If the general
public perceives the need, then leadership and determination
can do the job,
Thanks again for caring enough to write. Persons such
as yourself make our community a beautiful place in which to
live.
Yours truly,
Kenneth R. Macht
County Commissioner
and
Chairman, Land Acquisition
Advisory Committee
60
-I
commissioner Macht wanted the other Commissioners to let him
know whether they agreed with his position on this matter.
Commissioner Eggert agreed with him, and added that she
preferred to see money raised privately to purchase McKee Jungle
Gardens.
Commissioner Adams agreed that it would improper to use Land
Acquisition Advisory Committee funds and suggested that the group
get petitions together for another referendum, or else organize a
foundation and solicit private funds.
EMERGENCY SERVICES DISTRICT
Vice Chairman Tippin announced that immediately upon
adjournment the Board would reconvene sitting as the Board of
Commissioners of the Emergency Services District.
Those Minutes are being prepared separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:50 A.M.
ATTEST:
J.-��rton, Clerk n W. Tippfrj,'Pice Cha!F��a-n
A"
JUN 1519913