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HomeMy WebLinkAbout6/22/1993MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, JUNE 22, 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) 9: 00 A. M. I - CALL TO ORDER James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm. John W. Tippin 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS S. PROCLAMATION AND PRESENTATIONS None 6. APPRO"L OF MINUTES Regular Meeting of May 25, 1993 7. CONSENT AGENDA A. Received and Placed on File in Office of Clerk to the Board: 1992 Annual Report for the Nineteenth Judicial Circuit St. Johns River Water Control District General Purpose Financial Statements & Report of Inde- pendent Certified Public Accountants dated September 30, 1992 B. Award Bid #3092 / Sale & Removal of Pelican Point Wastewater Treatment Plant (memorandum dated June 14, 1993 8. CONSTITUTIONAL OFFICERS AND GOVERNMENT AGENCI None JUN 22 1993 BOOK So JUN 22 19911 BOOK So 862 7 9:05 a. m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS 1. County Initiated Request to Amend the Comprehensive Plan by Enlarging the Urban Service Area & Redesignating Approx. 3200 Acres From AG -1 to R (memorandum dated June 15, 1993) 2. County Initiated Request to Amend the Traffic Circulation Element, the Future Land Use Element, the Potable Water Sub - Element, the Sanitary Sewer Sub -Element, the Capital Improvements Element, & the Ports, Aviation & Related Facilities Element of the Comprehensive Plan (memorandum dated June 4, 1993) 3. Phase III - Water Main Expansion Growth Plan Resolution III (memorandum dated June 3, 1993) 10. COUNTY ADMINISTRATOR'S MATTERS Tourist Tax Status Report (backup will be provided separately) 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT Council on Aging's Request for Insurance Coverage (memorandum dated June 16, 1993) B. EMERGENCY SERVICES 1. Approval of Electrical Modifications and Panel Upgrade at Hobart Tower Transmitter Building (memorandum dated June 16, 1993) 2. Approval of Amendment to License Agreement with Sandab Communications Limited Partner- ship, 11, for Tower Site (memorandum dated June 14, 1993) C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AN BUDGET Payment of Travel for a State Employee (memorandum dated June 16, 1993) F. PERSONNEL None 11. DEPARTMENTAL MATTERS (cmt'd. 1: G. PUBLIC WORKS 1. Bid No. 31-05 Replacement of 43rd Ave. Bridge over IRFWCD Main Relief Canal (memorandum dated June 15, 1993) 2. Final Payment - I.R. Mosq. Control Dist. I.R. Blvd. Mitigation (memorandum dated June 8, 1993) H. UTILITIES 1. Final Pay Request / Wood Hollow Water Main IRC Bid No. 3079 (memorandum dated June 10, 1993) 2. Water Main Extension Project C.R. 510/58th Ave. Intersection, IRC Bid # 91-113, Work Authorization No. 14 (memorandum dated June 14, 1993) 3. Glendale Lakes Water Distribution System Change Order No. I and Final Pay Request (memorandum dated June 11, 1993) 4. Glendale Lakes S/D F. Neighboring Properties Water Service, Res. IV - Final Assessment (memorandum dated June 4, 1993) S. Water Plant Continuing Consulting Services Request for Proposals (memorandum dated June 7, 1993) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN JOHN W. TIPPIN C. COMMISSIONER FRAN B. ADAMS D. COMMISSIONER CAROLYN K. EGGERT Citizens for Total Accessibility of Indian River County (memorandum dated June 14, 1993) 6 JUN U 1993 BOOK 89 i,,Ak,;F.863 FIF'- JUN 22 1993 BOOK 89 Pv�F864 -7 13. COMMISSIONERS ITEMS (ccmt'd.): E. COMMISSIONER KENNETH R. MACHT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT None B. SOLID WASTE DISPOSAL DISTRICT 1. Award Bid #3090 / Rome Mauler (memorandum dated June 8, 1993) 2. Award Bid #3085 / Ram Baler (memorandum dated June 8, 1993) 3. Award Bid #3104 / Two Steel Tanks (memorandum dated June 15, 1993) 11S. ADJOURNMENT 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 22, 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 22, 1993, at 9: 00 A. M. Present were Richard N. Bird, Chairman; John W. Tippin, Vice chairman; Fran B. Adams; Carolyn K. Eggert; and Kenneth R. Macht. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Held, Deputy Clerk. The Chairman called the meeting to order. Commissioner John W. Tippin led the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of May 25, 1993. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board approved the Minutes of the Regular Meeting of May 25, 1993, as written. CONSENT AGENDA A. Renorts The following were received and placed on file in the office of Clerk to the Board: 1992 Annual Report for the Nineteenth Judicial Circuit St. Johns River Water Control District General Purpose Financial Statements and Report of Independent Certified Public Accounts dated September 30, 1992 JUN 22 1993 Boa 89 pnljr, 865 JUN 22 1993 BOOK 89 FA"F 7 U.866 B. Award Bid #3092 - Sale and Removal of Pelican Pointe Wastewater Treatment Plant The Board reviewed memo from Purchasing Manager Fran Boynton Powell dated June 14, 1993: DATE: June 14, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: -James E. Chandler, County Admiqistrator H.T. "Sonnyn Dean, Director Department of General Servij FROM: Fran Boynton Powell,, Purchasing Managerw SUBJ: Award Bid 13092/Sale and Removal of Pelican Point Wastewater Treatment Plant Utilities Department BACKGROUND INFORMATION Bid Opening Date: April 16, 1993 Advertising Dates: March 31, April 7. 1993 Specifications Mailed To: Seven (7) Vendors Replies: One (1) Vendor VENDOR DID TABULATION General Environmental Corp $ 500.50 Altamonte Springs, FL TOTAL AXOUNT OF BID: $ 500.50 RECOMMENDATION: Staff recommends awarding the bid to General Environmental CoUprition as the only bidder on this surplus. The existing condition of the wastewater treatment plant such that it can only be used for scrap metal.Deterid?tion and rusting have taken place and all useable parts have been removed by the Department prior to this bidding. Any further delay would bring in less income. (See attached Departmental memo.) ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously awarded Bid #3092 to General Environmental Corporation for Sale and Removal of Pelican Pointe Wastewater Treatment Plant in the amount of $500.50, as recommended by staff. 2 PUBLIC HEARING - COUNTY INITIATED REQUEST TO AMEND THE COMPREHENSIVE PLAN BY ENLARGING THE URBAN SERVICE AREA AND REDESIGNATING APPROXIXATELY 3200 ACRES FROM AG -1 TO R 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: P.O. Box 1268 Vero Beach. Florida 32961 662-2315 couwff OF l"tAN RIVM STA'MOFFWEUDA . -Prcss 3ourw-d Before the undersigned nothorit personally appeared J.J. Schumann, Jr. who an onth says that Ita is flusiness Manager of the Vero Bench Press -journal, a newspaper published at Vero Beach in unit .................. Sworn to and subscribed before me this day A.D_Z!_fe_� Busittesis Mann iSEAL) OF 74y NOTICE OF CHANGE. The Board of County Commissioner; of Indian River County, Florida, will consider a proposal to change the use, of )and within,,,, !;�,,the unincorporated' portions of Indian River County. A public F ,.,. hearing on the proposal will be held on Tuesday, June 22, 1993,f'-' ' ,,,ot 9i05.a.m.1In the County Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach,, Florida. At this public hearing the Board of County Commissioners' will consider authorizing the transmittal of this 7. State Department of'Community Affairs for their review. The pro-,.,. posed amendment is included in the proposed ordinance -entitled: - t: 6 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE FUTURE LAND USE MAP BY ENLARGIN6 THE URBAN SERVICE AREA; AND REDESIGNAYING LAND it FROM AG- 1, AGRICULTURAL (UP TO I UNIT/5 ACRES) TO G. CODIFI. R, RURAL (UP TO I UNIVACRE); AND PROVIDINi CATIOWSEVERABILITY AND EFFECTIVE DATE. Interested parties may appear and' bo'heard at the public hearing regarding the approval of this proposed Comprehensiye Plan Amendment. A The plan amendment application may be Inspected by the public at the Community Development Department located on the second floor of the County Administration Building located at 1840 25th Street, Veto Beach, Florida, betweenjilte.. hours 'of.'.':.. WO a.m. and 5100 p.m. on weekdays. NO FINAL ACTION WILL BE MADE AT THIS MEETING, FOR THIS REQUEST," Anyone who may . wish to )peal any decision which maj be made of this meeting will neill to ensure that a verbatim record - n of the proceedings Is made which Includes the testimony puld eyl 1-dence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting must contact the county's Americans with Disabilities Act (ADA) Coordinator of 567-8000 extension 408 at least 48 hours in ad - I vance of the meeting. ft Community Development Director Bob Keating made the following presentation: 3 U JUN 22 1993 FA,F-86,7 Indian River County Board of County Commissioners By& -s- Richard N. Bird, Chairman Community Development Director Bob Keating made the following presentation: 3 U JUN 22 1993 FA,F-86,7 F- JUN 22 1993 BOOK 89 Ul"IF 868 -7 TO: James E. Chandler County Administrator DEY)MI"M HEAD CONCURRENCE , 20'�Z- ,f ., . - It-obert: W. Ke&t1hcJj,, AICOf i THRU: Sasan Rohani <5 -9- - Chief, Long -Range Planning FRON: John Wachtel Staff Planner �ong-Range Planning DATE: June 15, 1993 RE: County Initiated Request to Amend the Comprehensive Plan by Enlarging the Urban Service Area and Redesignating Approximately 3200 acres from AG -1 to R (LUDA 93-01-0100) 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 22, 1993. DESCRIPTION AND CONDITIONS This is a county initiated request to amend the Comprehensive Plan by enlarging the Urban Service Area (USA) and redesignating approximately 3200 acres. The subject property,, depicted on attachment 2,, consists of the following f ive non-contiguous tracts: 480 acres along the south side of C.R. 510 between 90th Avenue and 66th Avenue. 360 acres along the north side of 26th Street from 90th Avenue to 74th Avenue and along the west side of 74th Avenue f rom. 26th Street to 33rd Street. 400 acres along the east side of 82nd Avenue between 16th Street and 5th Street S.W. 1200 acres consisting of: • land bordered by 16th Street on the north,, 58th Avenue on the east, Sth Street on the south, and 66th Avenue on the west; • land along the south side of 16th Street between 74th Avenue and 66th Avenue; • land along the west side of 66th Avenue between 16th Street and 4th Street; and • land along the south side of 4th Street between 66th Avenue and 58th Avenue. 760 acres along both sides of 9th Street S.W. from 58th Avenue to 74th Avenue and along the west side of 58th Avenue between 9th Street S.W.'and 4th.Street. This proposed plan amendment has been submitted based upon the results of a recent staff study (see attachment 9). That study,, mandated by Future Land Use Policy 1.37, addressed the issue of utility lines located in road rights-of-way,, where the subject roads serve as USA boundaries. Policy 1.37 was adopted because the county determined that it was inefficient to install utility lines 4 M M M M M M within a road right-of-ways yet prohibit land uses on one side of the road from connecting to those lines. - Consequently, planning staff coordinated with the County Utilities Department,, identified the location of all existing and planned major water and sewer lines,, and determined which lines were located in roadways serving as USA boundaries. In so doing, staff questioned the need for placing major water and sewer lines within rights -of -way of roads serving as USA boundaries. According to utilities staf f and consultants, there are several reasons why lines must be located where they are proposed. The principal reason for situating lines in the referenced rights-of-way is that alternative corridors have insufficient area to accommodate the subject utility lines. These corridors are already too congested. In conducting its analysis, staff addressed only those corridors for which utility line installation is programmed to be completed by 1995,, and the fast growing 58th Avenue corridor which was designated a high priority in Future Land Use Element Policy 1.37. Although the utility master plan provides for line installation in other corridors by 2010 (see attachment -5). staff did not consider these areas because of the longer timeframe. Consistent with the requirements of policy 1. 37, staff assessed the need to expand the USA adjacent to the road rights -of -way which are programmed to accommodate major utility lines where those roadways serve as USA boundaries. Through this assessment,, staf f determined that the USA boundary should be expanded one quarter of a mile f rom such roads. Staff determined that one quarter of a mile would be an appropriate depth for expanding the USA. This would provide suf f icient land to accommodate development,, but not so much as to produce urban sprawl. One area which is proposed as an exception to the quarter mile expansion is 9th Street S.W. (Oslo Road), from 58th Avenue to .74th Avenue. In this area, which is outside the USA# the boundary would be expanded to include a half -mile wide strip, (a quarter mile on each side) along that segment of 9th Street S.W. The subject property consists of 3200 acres. The entire subject property is currently designated AG -la, Agricultural -1 (up to 1 unit/5 acres) on the county future land use map. The request involves expanding the USA to include the subject property and changing the land use designation of the subject property to R, Rural (up to 1 unit/acre). This request will not affect the subject property's zoning which is A-1, Agricultural District (up to 1 unit/5 acres). On April 22,, 1993, the Planning and Zoning Commission voted 5-0 to recommend that the Board of County Commissioners transmit to the State Department of Community Affairs (DCA) a land use amendment that expands the USA, as recommended by staff, but which does not change the land use designation of the subject property. Existina Land Use Pattern The entire subject property is zoned A-11 Agricultural District (up to 1 unit/5 acres) and consists of groves,, ranchest various agricultural usest homesteads, and vacant land. All of the property is designated AG-li Agricultural -1, on the county future land use map. The AG -1 designation permits agricultural uses and residential densities up to 1 unit/5 acres. Since existing uses vary throughout the subject property,, each of the five non- contiguous tracts comprising the property is described separately below. BOOK 89 PgE JUN 22 1993 JUN 22 1993 BOOK 8 9 P,� GF870 -7 480 acres alona the south side of C.R. 510 between 90th Avenue and 66th Avenue. This tract contains groves,, scattered single-family residences, and a daycare center. a 360 acres alona the north side of 26th Street from 90th Avenue to 74th Avenue and along the west side of 74th Avenue from 26th Street to 33rd Street. This tract is developed solely with citrus groves. 0 400 acres along the east side of 82nd Avenue between 16th Htreet and 5th Street S.W. From 16th Street to 12th Street this tract is largely cleared and contains several single- family residences. The rest of the tract is developed with citrus groves except for the county sod farm and some pasture south of 4th Street. 0 760 acres along both sides of 9th Street S.W. from 58th Avenue To- 74th Avenue and alona the west side of 58th Avenue between 9th Street S.W. and 4th Street. This tract is developed solely with citrus groves. The remaining 1200 acre tract. Along the south side of 16th Street from 74th Avenue to approximately one-quarter mile east of 66th Avenue this tract contains groves and some single - f amily residences. The "Ul-shaped portion of this tract f ormed by the remaining land along the south side of 16th Street# the west side of 58th Avenue, and the north side of 8th Street contains a mixture of vacant cleared land, woods, and single-family residences. Along both sides of 12th Street, except for within one-quarter mile of 58th Avenue,, citrus groves are planted. The land along the west side of 66th Avenue from Sth Street to 4th Street is also developed with citrus groves and several single-family homes. The remainder of this tract along the south side of 4th street contains several single-family homes west of 66th Avenue,, vacant cleared land, and citrus groves. ANALYSIS AND ALTERNATIVES 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; • need for USA expansion and land use redesignation; and • alternatives. Concurrency of Public Facilities The comprehensive plan establishes standards for: Transportation, Potable Waters 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 and land development regulations also require that new development be reviewed to ensure that the minimum acceptable standards for these services and facilities are maintained. M M M 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 comprehensive plan amendment requests j conditional concurrency review is required. Conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since comprehensive plan amendment 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 requests, the most intense use- (according to the county's land development regulations) is one dwelling unit per acre of land proposed f or redesignation. The site information used for the concurrency analysis is as follows: 1. Size of Property: t3200 acres 2. Size of Area to be Redesignated: t3200 acres 3. Existing Land Use Designation: AG -1. Agricultural -1 (up to 1 unit/5 acres) 4. Proposed Land Use Designation: 5. Most Intense Use of Subject Property under Current Land Use Designation: 6. Most Intense Use of Subject Property under Proposed Land Use Designation: - Transportation Rr Rural unit/acre) 640 units 3200 units (up to 1 A review of the traf f ic impacts . that would result from the development of the property indicates that the existing level of service I'D" or better on impacted roads would not be lowered. The site information used for -determining traffic is as follows: Existing Land Use Designation 1 Residential Use Identified in 5th Edition ITE Manual: Single - Family 2. For Single -Family Units, in ITE Manual: a. Average Weekday Trip Ends: 9.55/unit b. P.M. Peak Hour Trip Ends: 1.01/unit ce Inbound (P.M. Peak Hour): 65% d. Outbound (P.M. Peak Hour): 35% 3. Formula for Determining Number of Peak Hour/Peak Season/Peak Direction Trips Generated: Number of Units X P.M. Peak Hour Rate X Inbound P.M. Percentage (640 X 1.01 X 0.65 = 420) 4. Formula for Determining Number of Average Weekday Trips Generated: Number of Units X Average Weekday Rate (640 X 9.55 = 6112) r 6 JUN 22 199,3 BOOK , 89 P��,UF.871 ProDosed Land Use Designation BOOK 8 9 F',i IF -1 ,,.872 1. Residential Use Identified in 5th Edition ITE Manual: Single - Family 2. For Single -Family Units, in ITE Manual: a. Average Weekday Trip Ends: 9.55/unit b. P.M. Peak Hour Trip Ends: 1.01/unit ce Inbound (P.M. Peak Hour): 65% d. Outbound (P.M. Peak Hour): 35% 3. Formula for Determining Number of Peak Hour/Peak Season/Peak Direction Trips Generated: Number of Units X P.M. Peak Hour Rate X Inbound P.M. Percentage (3200 X 1.01 X 0.65 = 2100) 4. Formula for Determining Number of Average Weekday Trips Generated: Number of Units X Average Weekday Rate (3200 X 9.55 = 30,560) The number of Average Weekday Trip Ends associated with the most intense use of the subject property under the present land use designation is 6112. This was determined by multiplying the 640 units (most intense use) by ITE's single-family residential factor of 9.55 Average Weekday Trip Ends/unit. The number of Average Weekday Trip Ends associated with the most intense use of the subject property under the proposed land use designation is 30,560. This was determined by multiplying the 3200 units (most intense use), by ITE's single-family residential factor of 9.55 Average Weekday Trip Ends/unit. Since the county's transportation level of service is based on peak hour/peak season/peak direction characteristics,, the transportation concurrency analysis addresses project traffic occurring in the peak hour and affecting the peak direction of impacted roadways. According to ITE, the proposed use generates more volume in the p.m. peak hour than in the a.m,. peak hour. Therefore, the p.m. peak hour was used in the transportation concurrency analysis. Given those conditions, the number of peak hour/peak season/peak direction trips that would be generated by the most intense use of the subject property under the existing land use designation was calculated to be 420. This was determined by multiplying the total number of units allowed under the existing land use designation (640) by ITE's factor of 1.01 p.m. peak hour trips/unit,, then taking 65% of that total to ensure that only inbound trips were counted. To determine the number of peak hour/peak season/peak direction trips that would be generated throughout the county by the most intense use of the subject property under the proposed land use designation, the total number of units allowed under the proposed land use designation (3200) was multiplied by ITE's factor of 1.01 p.m. peak hour trips/unit; that volume was then multiplied by the inbound trip factor of 0.65. The result was 2100, or 1680 more than the 420 that would be generated by the most intense use of the subject property under the existing land use designation, Using a modified gravity model and a hand assignment, the trips generated by the proposed land use designation were then assigned to roadways on the network. Capacities f or all roadway segments in Indian River County are calculated and updated annually, utilizing the latest and best available peak season traf f ic characteristics and applying Appendix Q methodology as set forth in the Florida Department of Transportation Level of Service Manual. Available capacity is the total capacity less existing and committed traf f ic volumes; this is updated daily based upon vesting associated with project approvals. Since the subject property consists of five tracts located throughout the County,, the traf f ic impacts associated with the proposed amendment will also be spread throughout the county, not concentrated in one area. To illustrate this point the following table gives the peak hour/peak season/peak direction trips generated for each of the five tracts. Tract the south side of C.R. 510 between 90th Ave. and 66th Ave. Pk- Hr./Pk. Season/Pk. Dir. Trigs 315 the north side of 26th St. from 90th Ave. to 74th Ave. and the west side of 74th Ave. from 26th St. to 33rd St. 236 the east side of 82nd Ave. between 16th St. and 5th St. S.W. 263 both sides of 9th St. S.W. from 74th Ave. to 58th Ave and the west side of 58th Ave. from 9th St. S.W. to 46 St. 499 the land generally from 16th St. to 4th St. and from 58th Ave. to 66th Ave. 787 Based on staff analysis, it was determined that all county roads can accommodate the additional trips without decreasing their existing levels of service. Therefore, there is sufficient capacity in the county transportation system to accommodate the projected traffic associated with the request. The table below identifies each of the impacted roadway segments associated with this proposed land use designation. As indicated in this table, there is sufficient capacity in all of the segments to accommodate the projected traffic associated'with the request. TRAFFIC CONCURRENCY DETERMINATION Impacted Road Segments (peak hour/peak season/peak direction) Roadway Segment Road From Segment Capacity To LOS RID" 1220 I -9s C.R. 512 S.R. 60 3530 1230 1-95 S.R. 60 Oslo Road 3530 1305 U.S. 1 S. County Line Oslo Road 2300 1310 U.S. 1 Oslo Road 4th St. 0 IR Blvd. 2220 1315 U.S. 1 4th St. 0 I.R. Blvd. Sth Street 2270 1320 U.S. 1 Sth Street 12th Street 2270 1325 U.S. 1 12th Street S. VB City Limits 2370 1330 U.S. I S. VB City Limits 17th Street 2270 1335 U.S. 1 17th Street S.R. 60 2270 1340 U.S. 1 S.R. 60 Royal Palm Blvd. 2300 1345 U.S. I Royal Palm Blvd. Atlantic Blvd. 2300 1350 U.S. 1 Atlantic Blvd. N. VB City Limits 2300 135S U.S. 1 N. VB City Limits Old Dixie Hwy. 2300 1360 U.S. 1 Old Dixie Hwy. 41st Street 2300 136S U.S. 1 41st Street 45th Street 2650 9 9 Boa 8 9 u 4u, 8 7 3 J U N 2 2 -6 BOOK 89 F-,Ak)F 874 JUN 22 1993 10 M M M segment Roadway Capacity Segment Road From To LOB "D" 1370 U.S. 1 45th Street 49th Street 2650 137S U.S. 1 49th Street 65th Street 2650 1380 U.S. I 65th Street 69th Street 2650 1385 U.S. 1 69th Street old Dixie Hwy. 26SO 1390 U.S. I old Dixie Hwy. Schumann Dr. 2370 1395 U.S. 1 Schumann Dr. C.R. 512 2370 1400 U.S. 1 C.R. 512 N. Seb. city Lmt. 2300 1720 C.R. 512 1-95 C.R. 510 630 1730 C.R. 512 C.R. 510 W. Sob. City Lmt. 630 1810 C.R. SIO C.R. 512 66th Avenue 630 1820 C.R. S10 66th Avenue 58th Avenue 630 1830 C.R. 510 58th Avenue U.S. 1 630 1910 S.R. 60 C.R. 512 1-95 540 1915 S.R. 60 1-95 82nd Avenue 1680 1920 S.R. 60 82nd Avenue 66th Avenue 1760 1925 S.R. 60 66th Avenue 58th Avenue 1760 1930 S.�R. 60 SSth Avenue 43rd Avenue 2650 1935 S.R. 60 43rd Avenue 27th Avenue 2650 1940 S;R. 60 27th Avenue 20th Avenue 2600 1945 S.R. 60 20th Avenue Old Dixie Hwy. 1638 19SO S.R. 60 old Dixie Hwy. 10th Avenue 1638 195S S.R. 60 10th Avenue U.S. 1 2638 2020 16th Street 58th Avenue 43rd Avenue 830 2030 16th Street 43rd Avenue 27th Avenue 830 2040 16th Street 27th Avenue .20th Avenue 830 20SO .16th Street 20th Avenue old Dixie Hwy. 970 2060 16th/17th St. old Dixie Hwy. U.S. 1 970 2210 12th Street 82nd Avenue 58th Avenue 890 2220 12th Street 58th Avenue 43rd Avenue 830 2230 12th Street 43rd Avenue 27th Avenue 830 2240 12th Street 27th Avenue 20th Avenue 830 2310 Old Dixie Hwy. Oslo Road 4th Street 830 233S old Dixie Hwy. 16th Street S.R. 60 830 2420 27th Avenue Oslo Road 4th Street 830 2480 27th Avenue S.R. 60 Atlantic Blvd. 830 2510 �7th Avenue Atlantic Blvd. Aviation Blvd. 830 2530 691c Road 82nd Avenue 58th Avenue 630 2540 Oslo Road 58th Avenue 43rd Avenue 630 2550 Oslo Road 43rd Avenue 27th Avenue 630 2560 Oslo Road 27th Avenue 20th Avenue 830 2S70 Oslo Road 20th Avenue old Dixie Hwy. 830 2580 Oslo Road Old Dixie Hwy. U.S. 1 830 1810 20th Avenue Oslo Road 4th Street 630 2820 20th Avenue 4th Street Sth Street 630 2830 20th Avenue Sth Street 12th Street 630, 2850 20th Avenue S. VB City Limits 16th Street 1760 2870 20th Avenue S.R. 60 Atlantic Blvd. 1760 2910 43rd Avenue Oslo Road 4th Street 630 2915 43rd Avenue 4th Street Sth Street 630 2920 43rd Avenue Sth Street 12th Street 630 2925 43rd Avenue 12th Street 16th Street 830 2930 43rd Avenue 16th Street S.R. 60 830 2935 43rd Avenue S.R. 60 26th Street 830 3005 58th Avenue Oslo Road 4th Street 630 3010 S8th Avenue 4th Street Sth Street 630 3015 58th Avenue Sth Street 12th Street 630 3020 58th Avenue 12th Street 16th Street 630 3025 58th Avenue 16th Street S.R. 60 630 3030 58th Avenue S.R. 60 41st Street 830 3120 66th Avenue S.R. 60 26th Street 630 3130 66th Avenue 26th Street 41st Street 630 3170 66th Avenue 69th Street C.R. 510 630 3310 82nd Avenue Oslo Road 4th Street 630 3320 82nd Avenue 4th Street 12th Street 630 3330 82nd Avenue 12th Street S.R. 60 630 4220 49th Street 66th Avenue 58th Avenue 630 4230 49th Street 58th Avenue 43rd Avenue 630 4240 49th Street 43rd Avenue Old Dixie Hwy. 630 4250 49th Street old Dixie Hwy. U.S. 1 630 4720 26th Street 66th Avenue 58th Avenue 630 4730 26th Street 58th Avenue 43rd Avenue - 630 4740 16th Street 43rd Avenue Aviation Blvd. 630 4750 26th street Aviation Blvd. 27th Avenue 630 4830 Sth Street 58th Avenue 43rd Avenue 630 4840 Sth Street 43rd Avenue 27th Avenue 630 4850 Sth Street 27th Avenue- 20th Avenue 830 4860 Sth Street 20th Avenue old Dixie Hwy. 830 4910 4th Street 82nd Avenue 58th Avenue 630 4930 4th Street 58th Avenue 43rd Avenue 630 4940 4th Street 43rd Avenue 27th Avenue 630 4950 4th Street 27th Avenue 20th Avenue 630 4960 4th Street 20th Avenue Old Dixie 630 4970 4th Street Old Dixie Hwy. U.S. 1 630 10 M M M M M M Roadway segment CapaeLty Road From TO LOS "D" 1370 U.S. I 45th Street 49th Street 26SO 137S U.S. I 49th Street 65th Street 2650 1380 U.S. I 65th Street 69th Street 2650 138S U.S. I 69th Street Old Dixie Hwy. 2650 1390 U.S. 1 old Dixie Hwy. Schumann Dr. 2370 1395 U.S. I Schumann Dr. C.R. 512 2370 1400 U.S. I C.R. 512 N. Seb. City Lmt- 2300 1720 C.A. 512 1-9s C.R. slo 630 1730 C.R. S12 C.R. 510 W. Bob. City Lmt. 630 1810 C.R. 510 C.R. 512 66th Avenue 630 1820 C.R. S10 66th Avenue 58th Avenue 630 1830 C.R. 510 58th Avenue U.S. 1 630 1910 S.R. 60 C.R. 512 1-95 540 191S S.R. 60 1-95 82nd Avenue 1680 2920 S.R. 60 82nd Avenue 66th Avenue 1760 1925 S.R. 60 66th Avenue 58th Avenue 1760 1930 S.R. 60 58th Avenue 43rd Avenue 2650 1935 S.R. 60 43rd Avenue 27th Avenue 2650 1940 S.R. 60 27th Avenue 20th Avenue 2600 1945 S.R. 60 20th Avenue old Dixie Hwy. 1638 1950 S.R. 60 Old Dixie Hwy. 10th Avenue 1638 19ss S. A. 60 10th Avenue U.S. 1 1638 2020 16th -Street 58th Avenue 43rd Avenue 830 2030 16th Street 43rd Avenue 27th Avenue 830 2040 16th Street 27th Avenue 20th Avenue 830 2050 16th Street 26th Avenue old Dixie Hwy. 970 2060 16th/17th St. Old Dixie Hwy. U.S. 1 970 2210 12th Street 82nd Avenue 58th Avenue 890 2220 12th Street 58th Avenue 43rd Avenue 830 2230 12th Street 43rd Avenue 27th Avenue 830 2240 12th Street 27th Avenue 20th Avenue 830 2310 Old Dixie Hwy. Oslo Road 4th Street 830 2335 Old Dixie Hwy. 16th Street S.R. 60 830 2420 27th Avenue Oslo Road 4th Street 830 2480 27th Avenue S.R. 60 Atlantic Blvd. 830 2510 27th Avenue Atlantic Blvd. Aviation Blvd. 830 2530 Oslo Road 82nd Avenue 58th Avenue 630 2540 Oslo Road 58th Avenue 43rd Avenue 630 2550 Oslo Road 43rd Avenue 27th Avenue 630 2560 Oslo Road 27th Avenue 20th Avenue 830 2S70 Oslo Road 20th Avenue Old Dixie Hwy. 830 2580 Oslo Road old Dixie Hwy. U.S. 1 830 2810 20th Avenue Oslo Road 4th Street 630 2820 20th Avenue 4th Street Sth Street 630 2830 20th Avenue Sth Street 12th Street 630 2850 20th Avenue S. VB City Limits 16th Street 1760 2870 20th Avenue S.R. 60 Atlantic Blvd. 1760 2910 43rd Avenue Oslo Road 4th Street 630 291S 43rd Avenue 4th Street Sth Street 630 2920 43rd Avenue Sth Street 12th Street 630 2925 43rd Avenue 12th Street 16th Street 830 2930 43rd Avenue 16th Street S.R. 60 830 2935 43rd Avenue S.R. 60 26th Street 830 3005 58tl%.Avenue Oslo Road 4th Street 630 3010 58th Avenue 4th Street Sth Street 630 3015 58th Avenue Sth Street 12th Street 630 3020 58th Avenue 12th Street 16th Street 630 3025 58th Avenue 16th Street S.R. 60 630 3030 58th Avenue S.R. 60 41st Street 830 3120 66th Avenue S.R. 60 26th Street 630 3130 66th Avenue 26th Street 41st Street 630 3170 66th Avenue 69th Street C.R. 510 630 3310 82nd Avenue Oslo Road 4th Street 630 3320 82nd Avenue 4th Street 12th Street 630 3330 82nd Avenue 12th Street S.R. 60 630 4220 49th Street 66th Avenue 58th Avenue 630 4230 49th Street 58th Avenue 43rd Avenue 630 4240 49th Street 43rd Avenue Old Dixie Hwy. 630 4250 49th Street old Dixie Hwy. U.S. 1 630 4720 26th Street 66th Avenue 58th Avenue 630 4730 26th Street 58th Avenue 43rd Avenue 630 4740 26th Street 43rd Avenue Aviation Blvd. 630 4750 26th Street Aviation Blvd. 27th Avenue 630 4830 Sth Street 58th Avenue 43rd Avenue 630 4840 Sth Street 43rd Avenue 27th Avenue 630 4850 Sth Street 27th Avenue 20th Avenue 830 4860 Sth Street 20th Avenue Old Dixie Hwy. 830 4910 4th Street 82nd Avenue 58th Avenue 630 4930 4th Street 58th Avenue 43rd Avenue 630 4940 4th Street 143rd Avenue 27th Avenue 630 4950 4th Street 27th Avenue 20th Avenue 630 4960 4th Street 20th Avenue old Dixie 630 4970 4th Street Old Dixie Hwy. U.S. 1 630 11 JUN 212 1993 BOOK 89 875 FF,— 30 22 1993 BOOK 8 91 F -A �') F876 Zxistinq Demand Total Available Positive Roadway ExletLng Vested segment segment project Concurrency Segment Volume Volume Demand Capacity Demand Determination 1220 1030 4 1034 249S 123 Y 1230 1120 1 1121 2409 94 Y 1305 1102 56 1158 1142 20 Y 1310 1526 43 1569 6S1 160 Y 1315 1526 42 1568 702 40 Y 1320 1526 44 1570 700 70 Y 1325 1526 58 1584 786 40 Y 1330 1341 57 1398 872 81 Y 1335 1341 56 1397 873 70 Y 1340 1143 57 1200 1100 24 Y 1345 1143 72 1215 2085 34 Y 1350 1309 81 1390 910 43 Y 135S 1309 34 1343 957 54 Y 1360 1309 74 1383 917 54 Y 1365 1309 41 1350 1300 67 Y 1370 1309 33 1342 1308 93 Y 1375 747 39 786 1864 93 Y 1380 747 30 777 1873 91 Y 1385 779 36 sis 1835 156 Y 1390 815 68 883 1487 58 Y 1395 950 74 1024 1346 54 Y 1400 945 26 971 1329 23 Y 1720 310 47 357 273 88 Y 1730 288 24 312 318 22 Y 1810 162 54 216 414 263 Y 1820 162 33 195 43S 164 Y 1830 360 31 391 239 229 Y 1910 292 19 311 229 75 Y 1915 734 57 791 889 311 Y 1920 9SO ss 1005 755 217 Y 1925 972 59 1031 729 57 Y 1930 972 110 1082 1568 137 Y 1935 612 73 685 196S 175 Y 1940 878 51 929 1671 167 Y 194S 747 41 788 850 126 Y 1950 747 33 780 ass 103 Y 1955 747 31 778 860 81 Y 2020 121 35 156 674 172 Y 2030 337 32 369 461 121 Y 2040 463 33 496 334 101 Y 2050 ssi 30 Bel 89 al Y 2060 851 19 870 100 81 Y 2210 81 8 89 801 60 Y 2220 81 12 93 737 75 Y 2230 225 13 238 S92 10 Y 2240 400 11 411 419 10 Y 2310 427 20 447 383 10 Y 233S 139 39 178 652 20 Y 2420 391 32 423 407 40 Y 2480 369 6 375 455 10 Y 2510 319 2 321 509 309 Y 2530 162 11 173 457 250 Y 2540 162 10 172 458 320' Y 2SSO 265 20 285 345 320 Y 2S60 265 17 282 S48 280 Y 2570 360 41 401 429 230 Y 2580 414 is 429 401 220 Y 2810 144 56 200 430 so Y 2820 274 is 292 338 5 Y 2830 310 10 320 310 43 Y 2850 297 5 302 1458 20 Y 2870 265 10 275 1485 21 Y 2910 22S 34 259 371 210 Y 2915 360 17 377 253 15 Y 2920 454 14 468 162 20 Y 2925 454 17 471 359 20 Y 2930 373 2S 398 432 142 Y 2935 373 31 404 426 97 Y 3005 144 5 149 481 310 Y 3010 144 6 ISO 480 109 Y 3015 144 9 153 477 20 Y 3020 144 10 154 476 165 Y 3025 400 21 421 409 241 Y 3030 414 31 445 385 98 Y 3120 ISO 5 185 445 se Y 3130 ISO 7 187 443 72 Y 3170 139 a 147 483 142 Y 12 M M M M M - Water Of the subject property's 3200 acres, 840 acres lie in the north county water service area, and 2360 acres lie in the south county water service area. Residential development of 840 units on the portion of the subject property lying in the north county water service area will have a water consumption rate of 840 Equivalent Residential Units (ERU),, or 210,000 gallons/day. This is based upon the level of service standard of 250 gallons /ERU/day - The nearly complete North County Water Plant will have a capacity of 2,000#000 gallons/day and will be capable of accommodating the additional demand generated by the proposed amendment. Residential development of 2360 units on the portion of the subject property lying in the south county water service area will have a water consumption rate of 2360 Equivalent Residential Units (ERU), or 590,000 gallons/day. This is based upon the level of service standard of 250 gallons/ERU/day. The South County Water Plant has a remaining capacity of approximately 2,400,000 gallons/day and can accommodate the additional demand generated by the proposed amendment. - Wastewater Of the subject property's 3200 acres, 480 acres lie in the north county wastewater service area; 360 acres lie in the central county wastewater service area; and 2360 acres lie in the west county wastewater service area. Residential development of 480 units on the portion of the subject property lying in the north county wastewater service area will have a wastewater generation rate of 480 Equivalent Residential Units (ERU), or 120,000 gallons/day. This is based upon the level of service standard of 250 gallons/ERU/day. The North County Wastewater Plant has a remaining capacity of approximately 860,,000 gallons/day and can accommodate the additional demand generated by the proposed amendment. 13 19, 93 BoPK 89 �xIJF. 877 ZzLet Demand. Total AvaLlable PosLtLve Roadway zxIstLng vested segment segment. Project Concurrency Segment Volume volume Demand capaofty Demand Lon 3310 162 5 167-- 463 183 Y 3320 162 7 169 461 so Y 3330 162 19 lei 449 240 Y 4220 153 7 160 470 72 Y 4230 153 7 160 470 72 Y 4240 153 12 165 465 72 Y 4250 153 11 164 466 52 Y 4720 117 6 123 507 119 Y 4730 117 is 135 495 95 Y 4740 117 3 120 510 48 Y 4750 117 2 119 511 31 Y 4830 99 33 132 498 140 Y 4840 193 23 216 414 120 Y 4850 342 19 361 469 83 Y 4860 342 33 375 455 40 Y 4910 103 6 109 521 324 Y 4930 103 6 109 521 250 Y 4940 216 17 233 397 235 Y 4950 315 23 338 292 235 Y 4960 315 26 341 289 210 Y 4970 450 14 464 166 160 Y - Water Of the subject property's 3200 acres, 840 acres lie in the north county water service area, and 2360 acres lie in the south county water service area. Residential development of 840 units on the portion of the subject property lying in the north county water service area will have a water consumption rate of 840 Equivalent Residential Units (ERU),, or 210,000 gallons/day. This is based upon the level of service standard of 250 gallons /ERU/day - The nearly complete North County Water Plant will have a capacity of 2,000#000 gallons/day and will be capable of accommodating the additional demand generated by the proposed amendment. Residential development of 2360 units on the portion of the subject property lying in the south county water service area will have a water consumption rate of 2360 Equivalent Residential Units (ERU), or 590,000 gallons/day. This is based upon the level of service standard of 250 gallons/ERU/day. The South County Water Plant has a remaining capacity of approximately 2,400,000 gallons/day and can accommodate the additional demand generated by the proposed amendment. - Wastewater Of the subject property's 3200 acres, 480 acres lie in the north county wastewater service area; 360 acres lie in the central county wastewater service area; and 2360 acres lie in the west county wastewater service area. Residential development of 480 units on the portion of the subject property lying in the north county wastewater service area will have a wastewater generation rate of 480 Equivalent Residential Units (ERU), or 120,000 gallons/day. This is based upon the level of service standard of 250 gallons/ERU/day. The North County Wastewater Plant has a remaining capacity of approximately 860,,000 gallons/day and can accommodate the additional demand generated by the proposed amendment. 13 19, 93 BoPK 89 �xIJF. 877 80 OK 89 FVF JUW 22 1993 11. 8 78 Residential development of 360 units on the portion of the subject property lying in the central county wastewater service area will have a wastewater generation rate of 360 Equivalent Residential Units (ERU), or 90,000 gallons/day. This is based upon the level of service standard of 250 gallons/ERU/day. The Central County Wastewater Plant has a remaining capacity of approximately 500,000 gallons/day and can accommodate the additional demand generated by the proposed amendment. Residential development of 2360 units on the portion of the subject property lying in the west county wastewater service area will have a wastewater generation rate of 2360 Equivalent Residential Units (ERU), or 590,000 gallons/day. This is based upon the level of service standard of 250 gallons/ERU/day. The West County Wastewater Plant's remaining capacity is approximately 490,,000 gallons/day, which is less than the additional demand generated by the proposed amendment. However, as indicated in Table 3.A.12. "Recommended Wastewater System Improvements" of the Sanitary Sewer Sub -Element, the county has programmed and budgeted for expansion of the West County Wastewater Plant. Construction to expand the capacity of this facility to accommodate an additional 1,000,000 gallons/day will begin when the facility is at 65% of its capacity, as mandated in Sanitary Sewer Sub -Element Policy 5.3. For this reason, the West County Wastewater Plant will be capable of accommodating the additional demand generated by the proposed amendment. - Solid Waste Solid waste service includes pick-up by private operators and disposal at the county landfill. For 3200 residential units, solid waste generation will be approximately 5120 waste generation units (WGU) or 15,168 cubic yards of solid waste/year. A WGU is a Waste Generation Unit measurement equivalent to 2.9625 cubic yards of waste/year. According to the county's solid waste regulations, each residential unit generates 1.6 WGU/unit. With the county's adopted level of service standard of 2.37 cubic yards/person/year and the county's average of two persons/unit, each WGU is equivalent to 1.25 people (2/1.6 = 1.25) and 2.9625 cubic yards of solid waste/year (1.25 X 2.37). To calculate the total cubic yards of solid waste for the most intense use allowed on the subject property under the proposed land use amendment, staff utilized the following formula: Total number of WGU's X 1.25 X 2.37 (5120 X 1.25 X 2.37 = 15,168 cubic yards/year). A review of the solid waste capacity for the active segment of the county landfill indicates the availability of more than 900,000 cubic yards. The active segment of the landfill has a 3 year capacity,, and the landfill has expansion capacity beyond 2010. Based on staff analysis,, it was determined that the county landfill can accommodate the additional solid waste generated by the proposed amendment. - Drainage During the development approval process,, all developments are reviewed for compliance with county stormwater regulations which require on-site retention, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals must meet the discharge requirements of the county Stormwater Management ordinance. Any development on the subject property will be prohibited from discharging any runoff in excess of the pre -development rate. For these reasons, drainage Level of Service will not be lowered by the proposed amendment. 14 M M M - Recreation A review of county recreation facilities and the projected demand that would result from the most intense development that could occur on the property under the proposed land use designation indicates that the adopted levels of service would be maintained. While the Urban, Beachl and River Park Districts serve the entire county,, the Community Park District is divided into north and south areas. of the subject property's 3200 acres, 480 acres lie in the North Community Park Districts, and 2720 acres lie in the South Community Park District. The table below illustrates the additional park demand associated with the proposed development of the property and the existing surplus acreage by park -type. Based upon the analysis conducted, staff has determined that all cohcurrency-mandated facilities,, including drainage,, roads,, solid waste, recreation, water, and wastewater have adequate capacity to accommodate the most intense use of the subject property under the proposed land use designation. Therefore,, the concurrency test has been satisfied for the subject request. Consistency with Comprehensive Plan Land use amendment requests are reviewed for consistency with all policies of the comprehensive plan. As per section 800.07(l) of the land development regulations, the "comprehensive plan may only be amended in such a way as to preserve the internal consistency of the plan pursuant to Section 163.3177(2)F.S." Amendments must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map, which includes agricultural, residential, recreational, conservation, and commercial and industrial land uses and their densities. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify 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 related decisions --including plan amendment decisions. While all comprehensive plan objectives and policies are important# some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this request are the following objectives and policies. - Future Land Use Element Policy 13.3 In evaluating a land use amendment request,, the most important consideration is Future Land Use Element Policy 13.3. This policy requires that one of three criteria be met in order to approve a land use amendment request. These criteria are: 15 JUN 22 1993 BOOK 89 F',A!"IF. 879 LOS. Project (Acres per -Demand Surplus Park Type 1000 population) (Acres) Acreage Urban District 5.0 36-80 211.48 Community (north) 3.0 3.31 25.75 Community (south) 1.25 7.82 11.47 Beach 1.5 11.04 73.84 River 1.5 11.04 34.84 Based upon the analysis conducted, staff has determined that all cohcurrency-mandated facilities,, including drainage,, roads,, solid waste, recreation, water, and wastewater have adequate capacity to accommodate the most intense use of the subject property under the proposed land use designation. Therefore,, the concurrency test has been satisfied for the subject request. Consistency with Comprehensive Plan Land use amendment requests are reviewed for consistency with all policies of the comprehensive plan. As per section 800.07(l) of the land development regulations, the "comprehensive plan may only be amended in such a way as to preserve the internal consistency of the plan pursuant to Section 163.3177(2)F.S." Amendments must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map, which includes agricultural, residential, recreational, conservation, and commercial and industrial land uses and their densities. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify 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 related decisions --including plan amendment decisions. While all comprehensive plan objectives and policies are important# some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this request are the following objectives and policies. - Future Land Use Element Policy 13.3 In evaluating a land use amendment request,, the most important consideration is Future Land Use Element Policy 13.3. This policy requires that one of three criteria be met in order to approve a land use amendment request. These criteria are: 15 JUN 22 1993 BOOK 89 F',A!"IF. 879 JUN 221993 • a mistake in • an oversight • a substantial property. BOOK 89 PnF 89 Ii . _ the approved plan; in the aDoroved plan; or change in circillm tances affecting the subject Based upon its analysis, staff feels that the proposed land use amendment meets two of policy 13.3's criteria. When the comprehensive plan was adopted on February 13# 1990F the boundaries of the USA were established along major roads because roadways are easily identifiable on maps. At that time, the county did not consider the economic feasibility of providing utility service to both sides of roads whose rights-of-way contain utility lines. This fact constitutes an oversight and meets the second criterion of Future Land Use Element Policy 13.3. There has also been a change in circumstances. Since adoption of the comprehensive planf the utilities master plan has been revised. This revision includes changes to the county's proposed utility collection and distribution systems in order to provide service to residentially and commercial/industrially designated areas in the county. While the utilities master plan identifies the location of all existing water and sewer lines, the most important part of the plan is its program to install utility lines needed to serve areas within the approved USA that are not presently served. According to the revised utilities master plans utility lines are presently in place, and service is presently available, to most land comprising the subject property. By 1995, utility lines will be in place and service will be available to the remaining lando and in the case of the southern portion of 58th Avenue by 1998. Since the revision of the utilities master plan constitutes a change in circumstances affecting the subject property, this meets the third criterion of Future Land Use Element Policy 13.3. - Future Land Use Element Policy 1.37 Future Land Use Element Policy 1.37 states that the county shall identify existing and programmed water and sewer lines running along road rights-of-way that serve as USA boundaries. This policy further states that after identifying these linesf the county should consider a comprehensive plan amendment expanding the USA one quarter mile from these lines. To economically and efficiently serve areas designated for urban developmentf the county must occasionally install lines outside the USA. Attachments 3# 4f and 5 graphically depict the location of and the installation timing for lines which will be located on the boundary off or outside off the USA. The following table identifies existing and programmed water and sewer lines running outside the USA or within road rights-of-way that serve as USA boundaries. The table also identifies the proposed timeframe for line installation. 16 --1L M UTILITY LIKES LOCATED ON THE BOUNDARY OFt OR OUTSIDE THE USA Road From To Water Wastewater C.R. 510 66th Ave. 90th Ave. existing 1994 77th St. 66th Ave. 90th Ave. 2000 2005 66th Ave. 33rd St. C.R. 510 2010 N/P 33rd St. 66th Ave. 74th Ave. 1998 N/P 74th Ave. 33rd St. 26th St. 1998 N/P 26th St. 74th Ave. 90th Ave. 1996 available* 16th St. 58th Ave. 74th Ave. 2002 existing 82nd Ave. 16th St. 5th St. S.W. existing 1997 74th Ave. 16th St. Sth St 1996 1997 Sth St. 58th Ave 82nd Ave. N/P 1997 58th Ave. 16th St. 9th St. S.W. 2008 1998 5th St. S.W. 58th Ave 82nd Ave. 2007 N/P 9th St. S.W. 58th Ave. 74th Ave. 1993 N/P 4th St. 1-95 98th Ave. 2007 1998 98th Ave. 8th St. 4th St. 2007 2000 *available through subdivisions south of 26th St. N/P: not programmed This request proposes USA expansion and land use redesignation amendments based on the existence and the programmed installation of water and sewer lines running along the boundary of the USA or outside of the USA. The request is limited to areas where service will be available by 1995 and to the 58th Avenue corridor which is designated a high priority in Future Land Use Element Policy 1.37. For these reasons, the proposed amendment implements Future Land Use Element Policy 1.37. - Future Land Use Element Objective 1 Future Land Use Element Objective 1 states that the county will have an efficient land use pattern that reduces urban sprawl. One reason that urban sprawl is considered an undesirable land development pattern is that sprawl development is expensive and inefficient to serve with infrastructure. In contrast,, land adjacent to utility lines can generally be served efficiently. The proposed amendment will allow the provision of urban services to land adjacent to utility linest thereby increasing the efficiency of urban service provision. For that reason, the proposed amendment implements Future Land Use Element Objective 1. - Future Land Use Element Policy 1.9 Future Land Use Element Policy 1.9 states that the Rural land use designation contains a mix of agricultural, residential, and open space lands and should serve as a buffer between agricultural and urban areas. Land uses on the subject property are a mix of agricultural, residential, and open space, and all land comprising the subject property is located between agricultural and urban areas. Therefore, the proposed amendment is consistent with Future Land Use Element Policy 1.9. - Future Land Use Element Policies 2.2 and 2.3 Future Land Use Element Policies 2.2 and 2.3 state that the USA shall include areas that receive or are programmed to receive services deemed necessary to support urban or suburban development. All lands comprising the subject property receive or are programmed to receive all county services. Therefore, the proposed amendment is consistent with Future Land Use Element Policies 2.2 and 2.3. 17 JUN 221991 BOOK 89 P�ku 8S I -A BOOK 8 9 JUN 22 1993 - 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 and densities to accommodate a diversity of lifestyles. Currently, only a small amount land in the county is designated Rural. The proposed amendment would create more Rurally designated landf thereby allowing a more diverse mix of housing types and densities. In this way the proposed amendment implements Future Land Use Element Objective 5. - Economic Development Element Objective 1 Economic Development Element Objective 1 states that the county will reduce its unemployment rate. The proposed amendment will allow the most efficient and economically feasible delivery of water and sewer service to the Oslo Road & 74th Avenue and the 1-95 a C.R. 512 commercial/industrial nodes. The availability of water and sewer service at these nodes will make the nodes significantly more attractive to potential new employers. Therefore, the proposed amendment is consistent with Economic Development Element objective 1. - Economic Development Element Objective 7 Economic Development Element Objective 7 states that, by 1995, the county will upgrade its water and sewer facilities to provide adequate capacity for future economic growth. By delivering water and sewer service to the Oslo Road & 74th Avenue and the 1-95 & C.R. 512 commercial/ industrial nodes,, the county is providing adequate capacity to accommodate future economJr- growth. The proposed amendment will ensure that water and sewer service is efficiently and economically provided to these nodes, Therefore, the proposed amendment implements Economic Development Element Objective 7. Based on this analysis, it is staff's position that the proposed amendment is consistent with the comprehensive plan. Compatibility with the Surrounding Area Amending the subject property's land use designation to Rural will result in development which will be compatible with surrounding areas. As indicated in Future Land Use Element Policy 1.90 Rural residential areas serve as buffers between agricultural and urban areas. There are several areas where the subject property will act as a transitional zone between residential areas of up to 8 units/acre and agricultural areas of only 1 unit/5 acres. Presently, the allowable density often increases by a factor of 40 from one side of the street to the other. A Rural, 1 unit/acre designation will reduce the abruptness of this transition from agricultural to urban areas. While there will be a density increase, the subject property will remain low density. Therefore,, the impacts of developmentg, such as increased traffic and noise, on adjacent residential areas will be minimal. Additionally, the relatively large lot sizess even at the maximum density of 1 unit/acre,, will function to somewhat mitigate impacts by providing physical separation. 18 M M M It is also anticipated that impacts on adjacent agricultural areas will be minimal. As required by Future Land Use Element Policy 6.3. urban uses which encroach on active agricultural areas must provide adequate buffers. For these reasonsp staff feels that the proposed Rural land use designation will be compatible with surrounding areas. Potential Impact on Environmental Quality As indicated in the Existing Land Use Pattern section of this report-, much of the subject property has been altered for residential or agricultural development. Since most of the land has been disturbed, few natural areas remain within the bounds of the subject property. Therefore,, the proposed change will not have a significant effect on environmental quality. With respect to the natural area within the subject property's limits, it should be noted that any residential development will need to comply with the * county's land development regulationsr including its environmental provisions. Various environmental permits, including land clearing and tree removal permits'r must be obtained prior to development. In addition, the county's native upland plant community set-aside requirement will apply to properties at least five acres in size. The,proposed amendment will not result in an increase in potential adverse environmental impacts on the subject property. Agricultural use is largely exempt from county permitting,, and therefore is not required to obtain the above mentioned permitst and is exempt from the county's native upland plant community set- aside requirement. For these reasons, the county,, has more opportunity to regulate impacts associated with residential development than impacts associated with agricultural use. Need for USA Expansion and Land Use Redesignation In order to efficiently and economically expand the county utilities system to serve approved development,, density along programmed and existing lines must be increased. The most feasible action to increase density along new lines is to allow development on both sides of roads that serve as USA boundaries to connect to the system and to redesignate land adjacent to lines. TO accomplish this the USA must be expanded. Of particular importance with this request in the impact of the land use change on the county's residential allocation ratio. A residential allocation ratio is the measure of total residential units allowed under the land use plan compared to the number of residential units expected to be needed through the plan's planning horizon based on population projections. The following formula is used to calculate the residential allocation ratio: Total number of units allowed - Existina units Projected number of units needed (1990-2010) When Indian River County and DCA entered into a stipulated settlement agreement, to bring the county's plan into compliance with state requirements,, both parties agreed to a residential allocation ratio. Given the agreed upon ratio,, the county's residential land use designations were acceptable to DCA. Subsequently, the stipulated settlement agreement was implemented through an amendment to the county's comprehensive plan. That amendment,, which was found in compliance by DCA,, formally established an acceptable residential allocation ratio for the county. 19 JUN 22 1993 89 893 -A 'JUN 22 0011 k), -7 BOOK 89 N" 894 Since adoption of the comprehensive plan, the county has issued building permits for over 1939 dwelling units. The effect of this construction activity has been to lower the county's residential allocation ratio. While the number of units allowed by the comprehensive plan based upon established densities remains essentially unchangedg, the number of existing units has increased by over 1939. Because the projected number of units needed can be revised to reflect a new 20 year period (now 1993-2013),, the denominator of the allocation formula has increased somewhat. Consequently, the ratio is now lower than that reflected by the Indian River County/DCA agreement. Staff's position is that densities allowed by the comprehensive plan can now be increased to the extent that the additional units which can be accommodated by the density increase do not exceed the number of units that have been permitted since plan adoption. In this way, the residential allocation ratio will not increase above the approved level. With respect to the proposed amendment, staff has determined that the increase in potential units associated with the proposed density increase will be 1920. That is based on the following information: 1. Total Acres: 3200 2. Net Acres: 2400 (Total Acres X 0.75) 3. Maximum Units in Rural Designation (1 unit/acre): 2400 4. Maximum Units in Agricultural Designation (1 unit/5 acres): 480 5. Net Increase in Units (2400 - 480): 1920 Using a conservative estimate, 800 acres, or 25%, of the subject property's 3200 acres will be used for infrastructure such as roads and stormwater retention. Removing land used for infreetructure leaves up to 2400 acres for residences. At the proposed density of up to 1 unit/acre,, 2400 units could be built on the subject property. This is an increase of 1920 units over the 480 units that could be built under the existing designation of up to 1 unit/5 acres. As indicated, the proposed amendment's increase of 1920 units is slightly less than the 1939 units for which building permits were issued in the years 1990-1992. For that reason, staff's position is that the proposed amendment- will not increase the county's residential allocation ratio. Alternatives With respect to this issue, there are several alternatives available to the Board of County Commissioners. These are: 1. Deny transmittal of this amendment to the DCA. 2. Approve transmittal to DCA of an amendment enlarging the USA to include the approximately 3200 acres depicted on attachment 2 where service is available, or is programmed to be available by 1995, and the 58th Avenue corridorl but retaining the AG -10 Agricultural -1, land use designation for affected properties. 20 M M M This alternative was recommended by the Planning and zoning Commission. Staff feels that, while this alternative would retain the existing land use plan designation for all land currently designated for agriculture,, it is economically inefficient and unnecessary. Staff's position is that, if urban services are to be provided to an area, then that area should be allowed to develop with urban uses. 3. Approve transmittal to DCA of an amendment enlarging the USA to include the approximately 2280 acres depicted on Attachment 8; and redesignating the areas depicted on Attachment 8 from AG -1 to R. Staff supports this alternative. This alternative is designed to retain as much agriculturally designated land as possible, and keep the county's residential allocation ratio as low as possible while still providing for the efficient provision of urban services to approved areas. Representing almost 1000 acres less than alternatives 2 and 4. this alternative omits two areas included in those other alternatives. The two areas which are included in alternatives 2 and 4 and not in alternative 3 are the 12th Street corridor and the Oslo Road Corridor. In this alternative,, land along the 12th Street corridor which was included in alternatives 2 and 4 even though it is hot within one-quarter of a mile of a line is excluded. Besides the 12th Street exclusion, land along Oslo Road between 58th and 74th Avenues is not included in this alternative. The reason that the Oslo Road land is excluded from this alternative is that the predominant use of land in this corridor is agricultural. Besides the agricultural land use factor, another reason for exclusion of this land is that it is the only area proposed for USA expansion where one side of the road is not already within the USA. Finally, it should be noted that the line programmed for 9th Street S.W. (Oslo Road) is a main linel and adjacent land will not be assessed for the cost of installation. The analysis in this staff report, including the impacts on public services and the residential allocation ratio,, was conducted for a 3200 acre area. Since this alternative involves only 2280 acres, the impacts would be even less. 4. Approve transmittal to DCA of an amendment enlarging the USA to include the approximately 3200 acres depicted on Attachment 2; and redesignating this land from AG -1 to R. This was the original staff recommendation to the Planning and Zoning Commission. Based on input received at the Planning and Zoning Commission public hearing,, however, staff developed alternative 3. which retains more agriculturally designated land, while still providing for the efficient provision of urban services to approved areas. Approve transmittal to DCA of an amendment expanding the USA and redesignating land in a different configuration than the above alternatives. Such an alternative could include expanding the USA to include areas where utilities service is programmed to be available by 1998 or 2010 (see attachments 6 and 7). This alternative could also include USA and density reductions in some areas to compensate for USA expansion and density increases in other areas. Finally# this alternative could include redesignating land added to the USA to a land use designation other than Rural. 21 L_ JUN 22 1993 BOOK 89 phlu.885 �A MWIMN'� BOOK 89 PA"F 896 Based on its analysis, staf f believes that alternative 5 is not feasible. Expanding the USA to include areas where service is programmed to be available by 1998 or 2010,, or redesignating land added to the USA to a designation other than Rural will increase the county's residential allocation ratio above that stipulated in the Indian River County/DCA agreement. USA and density reductions in some areas to compensate for USA expansion and density increases in other areas are not feasible due to existing development patterns. Conclusion For economic and engineering reasons, utility lines needed to serve several of the county's commercial/industrial nodes must run along the boundary of, or outside of, the USA. To make efficient use of these lines, it is necessary for the lands adjacent to these lines to be incorporated within the USA and to have their density increased to at least 1 unit/acre. Consequently, the USA must be expanded and land must be redesignated in order to ensure that utility provision is economical and efficient. Alternatives 3 and 4 are compatible with the surrounding areap consistent with the goals, objectives, and policies of the comprehensive plan, and meet all applicable concurrency criteria. In fact# both alternatives serve to implement Future Land Use Policy 1.37. The subject property is located in an area deemed suitable for rural uses, and the request has met all applicable criteria. Alternative 3, howeverl retains the most agriculturally designated land and has the lowest residential allocation ratio.* For these reasons, staff supports Alternative 3. Recommendation Based on its analysis,, staff recommends that the Board of County Commissioners approve transmittal to the Department of Community Af fairs of Alternative 3, a land use amendment enlarging the USA by approximately 2280 acres to include areas depicted on Attachment 8; and redesignating the areas depicted on Attachment 8 from AG -1 to R. Community Development Director Bob Keating explained that since the Planning & Zoning (P&Z) Commission made its recommendation, staff did more analyses, studied the aerial photographs, and determined that the agriculturally designated area in the Oslo Road corridor has characteristics which are unlike the other areas, and staff is recommending that the Oslo Road corridor be excluded from this request. Staff also concluded that increases in density were substantial and that scaling back the amount of land would be more compatible with State objectives as well as the County's plan, so staff changed the distance in the 16th Street corridor to a quarter mile from the roadway. These changes reduce the total acreage from 3200 to 2280 acres. Chairman Bird led discussion regarding the change in land use designations. He is aware that citrus grove owners are concerned about whether they will be assessed for the water and sewer lines even though they do not need those services. They also are asking 22 -ql whether the land use designation change will affect the appraisal of their property and their property taxes. Chairman Bird saw inequality in a situation where property on one side of a road would be within the urban service area and be designated for one use, while on the other side of the road the land use designation would be a lower density. Utility services Director Terry Pinto responded that when there is a need for water and sewer service, the lines are installed down a particular road which may be the boundary of the urban service area. People on one side of that road receive the service because they are in the urban service area, but the opposite side of that road is not in the urban service area and those people cannot have the service. If we expand the urban service area so that the property on both sides of the road are included, more people will receive the benefit. Director Keating responded that we are not proposing changes in the zoning. The property would still have the underlying agricultural zoning but the owners would have the ability to request rezoning. He was not sure whether the property appraiser considers the land use designation, availability of utilities and zoning in calculating appraisals. Director Keating further explained that the requested land use change takes into consideration the allowed density. The recommended R-1 designation (1 unit per acre) is to allow transition between the AG -1 designation (1 unit per 5 acres) and the higher density areas. The State recommends higher density in urban service areas which are closer to facilities and where eventually we will have mass transit. The principal reason for recommending R-1 is the fact that we already have an overallocation of dwelling units. Discussion ensued regarding the effect on property values and commissioner Eggert felt that land use designation does not change property values. County Attorney Charles Vitunac agreed, and added that property used for growing citrus will be entitled to the agriculture exemption. commissioner Adams was concerned that downsizing these areas could contribute to urban sprawl. She recalled that rezoning recently was granted on Mr. Feldman's property because the property was on the side of the road which was not in the urban service area. The argument was that he ought to have the same right as the property owner on the other side of the street. However, she did not agree with the contention that having more utility customers results in less cost per unit. 23 JUN 22 19,9"1 boox. 89 PAI,)F89,7 ,A -,N BOOK 89 PAIF JUN 22 1993 Director Pinto explained that when utility lines are installed on a street, the property owners within the urban service area who benef it from the installation of the utility lines must pay the full cost if the property on the other side of the road receives no benefit. He further clarified that this discussion refers only to the construction of utility lines and does not involve the reserved capacity at the treatment plant. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. George Hamner, 650 Highway AlA, operator of Indian River Exchange Packers at Oslo Road and 74th Avenue, noted that his business is located in one of the areas which staff recommended should be excluded from this change. He employs 400 to 450 people, including independent contractors. He characterized his operation as noisy, with tractor trailer units coming in and going out. They operate 10-11 months of the year and when the international market demands it, they operate 24 hours a day, 7 days a week. These circumstances make the area unacceptable for residential development. Mr. Hamner urged the Board to leave the Oslo Road corridor out of the proposed change. Larry Barkett, local attorney and owner of property in the agriculturally zoned area which is proposed to be redesignated, opposed the proposed change in land use designation. Mr. Barkett stated that at the April 26, 1993 meeting of the Planning & Zoning Commission, staff confirmed that: (1) land use redesignation is not required before extending utility lines, (2) land use redesignation is not required before extending the urban service area, and (3) even if the urban service area is expanded or utilities are extended to an agricultural or an rural area, mandatory hookup is not required. He contended staff's arguments were not valid. Staff mentioned mass transit, but there is no mass transit in the county. Mr. Barkett recounted that it is County policy never to initiate agricultural rezoning. He argued that if the Board allows the redesignation based on the expansion of the urban service area, any owner will have the ability to rezone their agricultural property. If the County changes the land use designation, the next step is rezoning. While it is County policy not to initiate rezoning, this is a backdoor method to rezoning. Mr. Barkett emphasized that land use designation does not have to be changed to extend the utility system and he urged the Board to deny the change in land use designation. 24 G.1enn Legwen, presentation: Dear Commissioners: 5900 5th Street S.W., �&41,� 14 MOV1441 5900 51h. Street S.W. Vero Beach, Mdda 32968 Telephone: (407) 778-77911 made the following You will be asked on June 22nd by the Planning Department to make a substantial change in the USA (Urban Service Area) that will affect 3,20 ' 0 acres. In addition to increasing the size of the USA you will also be asked to change the land use designation from Agriculture (1 unit per 5/acres) to R-1 (1 unit per I/acre). I would ask that you reject the request to change the land use designation on the areas west of Kings Highway from Rt. 60 to 9th Street SW (Oslo Road) for the following reasons: 1.Kings Highway does not have the carrying capacity to accommodate the increased traffic flow and the changes it will bring about to those of us living in this area. 2.The water plant located on Oslo Road was never designed to provide water to the entire county. 3.111-11 land use designation are the most destructive to the environment and are the major contributing cause of 'urban sprawl." 4.The county needs to attend to the present USA (Urban Service Area) of the city. first before increase it present boundaries. 5.The Department of Community Affairs feel that densities in IRC are too low in comparison with other counties and that we should increase densities within the present USA before expanding further into the community. I am a Landscape Architect and I have had training in the field of planing and I would like to rebut some of the Planning Departments thoughts. But before I do I would like to tell you what my recommendations would be: My recommendations 1. Consider opening up 66th Avenue and make it a through avenue between Oslo and Route 60 to alleviate some of the large truck traffic that is using Kings Highway to get to Oslo and the Sanitary Land Fill. 2. Take care of the areas within the present USA before increasing it 3. Increase the densities in areas within the existing USA and provide incentives to developers to'build more multi -family dwellings. 4. Indian River County should make every effort possible to retain as much land in Agriculture as possible. Mr. Legwen reappeared later in the meeting and asked that the Board concentrate on the present urban service area rather than expanding it. 25 - 89 pg- 8.99 L -JUN 22 im BOOK, ur. Fr- 800% 8 9 JUN 22 1993 Bill Wodtke, 6325 lst Street S.W., formerly a County Commissioner, quoted the following excerpt from staffs 'memo: Need for USA Expansion and Land Use Redesignation In order to efficiently and economically expand the county utilities system to serve approved development, density along programed and existing lines must be increased. The most feasible action to increase density along now lines is to allow development on both sides of roads that serve as USA boundaries to connect to the system and to redesignate land adjacent to lines. TO Accomplish this the USA must be expanded. of particular itkl?ortance with this request Is the impact of the land use change oft the county's residential allocation ratio. A residential allocation ratio is the measure of total residential units Allowed uftdGk the land use plan compared to the number of residential units ftected. to be needed through the plan's planning horleon based oft 06pulation projections. The following formula in used to calculate the residential allocation ratios Mr. Wodtke presumed that the only reason f or this proposed change is because the County wants to expand utilities. He understood that the County wants to extend utilities to the commercial nodes to encourage business and employment, but there are no developers requesting utilities. He also pointed out that policy 1.37 requires that we must reduce the urban service area by 3200 acres in other parts of the county if we add the proposed 3200 acres. Mr. Wodtke also felt this redesignation could be considered an increase of urban sprawl. Michael Zeigler, 3375 12th Street, representing property north of 26th Street between 82nd and 90th Avenues, opposed the proposed land use changes and urged the Board not to transmit the amendment. He contended that priority has been shifted from the Comprehensive Land Use Plan For the Year 2010 to the Master Utility Plan which was presented to the Board on March 30 by Brown and Caldwell. The Master Utility Plan enumerated $154 million worth of utility projects which would be triggered by certain events. Mr. Zeigler argued that the trigger events have not been satisfied in any of the elements. The residential allocation ratio is not a real problem and we have excess capacity both in water and wastewater treatment. He quoted from the Future Land Use Element Policy 1.37 as follows: 26 M M M FINAMM" IMPACTS Or EXPANDING THE URBAN SERVICE AREA Utility line expansion In funded through assessmentsr revenue bonds,, impact feeds, developer's agreementsj,.and other appropriate funding mechanisms. Expanding the USA to allow property on both sides of utility lines to receive service would increase the number of units connecting to main lines and paying impact fees and assessments. Thig makes it more feasible to provide utility service. Increasing the density of land adjacent to planned utility lines further enhances the feasibility of providing utility service,, since a density increase will allow an increase in the number of units connecting to main lines and paying impact fees and assessments. Increading density is particularly applicable to new land added to the USA,, since this land is currently limited to only I unit/5 acres. Without the expansion of the USA, the burden of paying for line expansion will fall on fewer units. This will increase the per unit assessment amount and in some cases will make line expansion prohibitively expensive. Mr. Zeigler characterized this as circular reasoning and not profound. He quoted further from Future Land Use Element Policy 1.37: Agricultural use# however, is exempt from requirements to obtain county environmental permits,, and from the county's native upland plant community oat-aaide requirement. Mr. Zeigler did not believe that to be a valid statement. He requested that the Comprehensive Land Use Plan of 1990 should be clarified and that the Commissioners should recognize the trigger events that are needed to change any land use designations. Mr. Zeigler further requested that the County Commissioners direct the utilities director to establish a procedure whereby a person could inquire about an individual assessment, as he has not been able to obtain that information. Dr. Ron Jaffe, 6420 12th Street, stated that his neighborhood was excluded from this proposed change. He referred to Policy 13.3 of the Future Land Use Element and stressed that there has been no oversight, no mistake and no change in the use of that land f or the last 17 . years. He emphasized that the residents there wish to preserve their peaceful, quiet lifestyle, they do not wish to have the dirt road paved, and they do not need improvements in their area. He is opposed to rezoning the land to 3 units per acre. 27 BOOK 89 P,�,F n. JUN 2 P, JUN 22199.3 BOOK 89 PACE 8,92 -7 Chairman Bird emphasized that he is not recommending a rezoning to 3 units per acre across the board. He was pointing out that it is unf air if property on one side of a road is zoned 3 units per acre while directly across the road it is I unit per 5 acres or 1 unit per acre, and they are being assessed the same. Dr. Skip Barkett, 5850 12th Street, appreciated being excluded from this proposed land use designation change and encouraged the Board not to proceed with the transmittal. He felt there were inconsistencies in staff's justifications for proposing these changes. He gave the example of one paragraph arguing that this change will reduce urban sprawl while in the next paragraph development is being encouraged. He requested the opportunity for the public to debate the reasons f or the proposed changes. He accused the staff of circular thinking. He posed the questions: If we can establish the urban service area without changing the comprehensive land use designation, why change it? If the answer is to create more utility customers to finance the urban service area, why is the urban service area needed? We are establishing an urban service area, we don't have the customer base to do it, we are changing the land use designation to provide the customers to establish what we have already established that we don't need. He f elt that although he and his neighbors have been excluded this time, they want to voice their opinion about an issue that they think is basically wrong. Peter Robinson, 315 Greytwig Road, representing several property owners including himself, presented the following letter from John H. Stockamore: 28 M M M June 18, 1993 STOOMIM am 2419 EAST COMMERCIAL BOULEVARD FORT LAUDERDALE, FLORIDA 33308-4042 (305) 491-0100 Return Receipt Requested Members of the Planning & Zoning COMMission Indian River County, Florida County Administration Building 1840 25th St. - - Vero Beach,, Florida 32960 Re: County Initiated Request to Amend the Comprehensive -plan by Enlarging the Urban Service Area and Redenignating approximately 3200 acres from AG -1 to R (LUDA 93-01-0100) Dear Honorable Members: I respectfully request that this letter be read at your meeting an June 22, 1993 by Mr. peter Robinson. I am a very concerned Property owner of approximately 80 acres lying on the north side of 9th Stop S.W. (Oslo Rd.) between 58th Avenue and 74th Avenue, Vero Reach, Fl. My concerns are that the final decision makers, being yourselves, of this proposed land use plan change. axe being partially misdirected by some of the surrounding vocal neighbors and also by the planners and Staff. I feel that the Oslo Road corridor should be.Included in the Land Use Plan change due to the fact that this land along the corridor does lie within the j mile corridor of the U.S.A. utility expansion program. Most importantlyr by allowing the one unit per acre denuity development will be efficient and facilitate the economical use of the utility lines that are going to be installed in this corridor. Development will enable the repayment of the cost of Installing these lines In the nelghboring right-of-ways. And, as Indicated by staff in It's April 16th, .1993 memorandum.. "the not Increase In the total number units over the proposed 3200 acres would not exceed the building permits issued in the years 1990 thru 19920. "Thereby, Including the entire 3200 acres an originally proposed would not increase the counties allocation ratio.-" Thus, I am in favor of Including the Oslo Road corridor in the proposed land use change from AG -1 to R, or increasing the allowable housing units from I per 5 acres to I residence per I acre. I feel this land use change would be a benefit to all; better utilization of the utilitieal employment opportunities,* and an increased tax base for the county. I apologize for not being able to attend this meeting in person, due to the fact that I had a prior commitment with another governmental agency in Ft. Lauderdale. Sincerely yours, ? 1""" ohn H. Stockamore 11 President JHS/Ihrc c.c. Faxed to Peter Robinson 1-407-234-4107 29 BOOK 11.0 JUN 22 1993 89, PA,,- '93 F JUN 22 1993 U -1 BOOK 89 PA,F 8.94 Mr. Robinson pointed to his property on the enlarged map and demonstrated how his 17 -acre parcel is divided into urban service area and non -urban service area. He has a 150 -acre parcel with so acres of it on Kings Highway within the urban service area and the remainder on Oslo Road which is outside the urban service area. He felt that the County should into consideration the fact that agriculturally zoned property value which fluctuates. He requested that his property be included in the urban service area as originally proposed by staff. Mr. Robinson discussed the fact that the Board was hearing only from those opposed to the change. There are property owners who are in favor of the change, thought they were to be included, and are not aware of the exclusion. Raymond Sawyer, 39th Place in Wabasso, came before the Board representing Ruth Sawyer and Aileen Farley wh6 own 39.5 acres next to Mr. Feldman's property which was recently rezoned. Mr. Sawyer urged the Board to change the land use designation so that Ms. Sawyer's and Ms. Farley's 39.5 -acre parcel could be developed. aohn Eddy, 7370 Oslo Road, spoke in favor of excluding the Oslo Road corridor from this proposal. He could not foresee any development from 54th to 75th Avenues because of the two packing plants that currently exist and the proximity to the industrial node. He urged the Board to exclude the Oslo Road corridor from the proposed change. Rebecca Rudenberg, 1832 39th Avenue, owner of a grove on 19th Street, opposed the proposal and urged the Board to make no change in the land use designation. Chairman Bird clarified, and Director Keating agreed that according to Policy 5.9 of the Sanitary Sewer and Potable Water Sub -Element of Future Land Use Policy, property which is located outside the urban service area cannot access the County utility lines even if the property is physically accessible to the lines. The urban service area boundary delineates where we provide the service. Discussion ensued, and Director Pinto recounted the history of urban service areas. The Master Utility Plan contains the design of the master lines and these master lines are paid for from impact fees. The internal lines which access proposed developments are paid for through assessments because there is a specific benefit to that specific development. Director Pinto emphasized that the Utility Master Plan was created at the direction of the Board based 30 M M M on the Comprehensive Land Use Plan. The urban service area was established and utility services are required within those areas. The Utilities Department is not requesting an expansion of the urban service area nor construction of more lines to service that area. There are properties which have physical access to the utility lines and we must refuse to provide service because of our policy. As a result, the cost of those lines must be borne only by those who benefit. commissioner Adams reasoned that the policy needs to be changed if that is the only reason we refuse service. She thought we should not make a blanket change but rather take the requests for service on a case by case basis. Director Keating pointed out that urban service areas are the principal tools used in urban planning. commissioner Adams emphasized that her intention is not to eliminate urban service areas. Discussion ensued, and commissioner Eggert pointed out that this policy was dictated by the State Department of Community Affairs (DCA) and we are dealing with DCA definitions of urban service area and utility services. Chairman Bird asked whether we are prohibited from making a change if a property owner requests service. Director Keating explained that the Board can make changes to the Comp Plan at any time, but it is a question of whether the DCA finds us in compliance -with our plan. He further explained that the proposed change was initiated because of the change to the Feldman property. The DCA reluctantly agreed to the Feldman change and suggested that there may be other situations with the same circumstances which we should analyze to see what the relationship might be because adequate data and analysis is needed to justify a Comp Plan change. Their philosophy is that if circumstances warrant a change and that set of circumstances also could apply to other property, they should be treated equally. The plan should be driven by consistent applications of principals and policies. The urban service area is our plan, our management tool to decide where services will be put, how they will be expanded, how funds will be spent, and how and where capital improvements will be made. It is also the driving force to establish boundaries within which we allow urban development and outside of which we only allow agricultural and rural development. When we say the urban service area boundary does not really mean anything and we can expand outside that boundary, or we do not have to provide the services within it, we have essentially lost the reason for having the urban service area boundary. 31 BOOK 8 9 NA " F !".895 J U N 2 2 1993 BOOK 89 phi") F 8-96 Commissioner Adams thought the property owners have indicated they want to maintain a low density and not make this change. She felt we need to investigate our policy because this policy seems to be a stumbling block. If people need water we should provide it. She felt that increasing density in a blanket change would not be fair to the property owners who have spent time and money building these estates and who expected to maintain their property that way. Commissioner Adams contended that although rezoning does increase the value of property, agricultural property has more value than just a tax base - it is America's blood and soul. Commissioner Eggert pointed out that this change is not rezoning. There are people who are devoted to keeping their property in agriculture and most of them will. Commissioner Macht noted that too often we look upon zoning as an economic adjustment, but economics should not be a consideration in the process of zoning. Staff accurately advised the Board regarding their evaluation of this situation and it is the Boardfs responsibility to remember that we have a community of people who have rights. We are confronted with the result of following a policy that has come down from Tallahassee and has caused some unpleasant situations for our community. Commissioner Macht did not want to deny the request but preferred to defer this matter and have more discussions in a workshop format at which we could bring all the elements together, revalidate our utility plan and our urban service area, and study this matter more fully. commissioner Tippin concurred with Commissioners Adams and Macht. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously denied transmittal of the Comprehensive Plan Amendment at this time, directed staff to present it again with the next set of amendments in the October time frame, and to schedule workshops in the meantime to discuss the proposed changes. 32 COUNTY INITIATED REQUEST TO AMEND THE TRAFFIC CIRCULATION ELEMENT, THE FUTURE LAND USE ELEMENT, THE POTABLE WATER SUB -ELEMENT, THE SANITARY SEWER SUB -ELEMENT, THE CAPITAL INPROVE14ENTS ELEMENT, AND THE PORTS, AVIATZON AND RELATED FACILITIES ELEMENT OF THE COMPRERENS M PLAN 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: NOTICE OF CHANGE OF COMPREHENSIVE PLAN TEXT Th6 Board of County Commissioners of Indian River County; Florida, will -consider a proposal to chang the text of the Comprehensive Plan. A public,. hearing on the proposal wil be held on Tuesday, June 22, 1993, at 9:05 V.,a.m., in the County Commission Chambers of the County Administration Build - in located of 1840 25th Street, Vero Beach, Florida. At this public hearing tht Board of County Commissioners will consider authorizing the transmittal of these amendments to the State Department of Community Affairs for their review. The proposed amendments are included in the proposed ordinance P.O. Box 1268 Vero Beach. Florida 32961 562-2315 entitled: 6OUNTY OF INDIAN RIVER Troo3ournat AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING STATE OF FLORMA THE TEXT OF THE FUTURE LAND USE ELEMENT, THE TRAFFIC CIRCU- LATION ELEMENT, THE CAPITAL IMPROVEMENTS ELEMENT, THE Before the undersigned authority pe rinally appeared J.J. POTABLE WATER SUB -ELEMENT, THE SANITARY SEWER SUB -EL - Schumann, Jr. who on oath says that he is Business manager of the EMENT, AND THE PORTS, AVIATION, AND RELATED FACILITIES EL - Vero Beach Press -Journal, a newspaper published at Vero Beach In EMENT OF THE COMPREHENSIVE PLAN; AND PROVIDING Indian River County, Florida; that CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. Interested parties may appear and be heard at the public hearing regard - 3 3 ing the approval of these proposed Comprehensive Plan Amendments. t The plan amendment application may be inspected by the public at the, Community Development Department located on the second floor of the 874--A County Administration Building located at 1840 25th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 540 p.m. on weekdays. , , billed to NO'FINAL ACTION WILL BE MADE . AT,THlS MEETING FOR THESE RE-'. QUESTS. was published in said newspaper in the Issue(s) Anyone who may wish to appeal any decision which may be made i of 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 or 42zi�ogkejrz be based.. All Anyone who needs a special occommoclation for this meeting must contact the county's Americans with Disabilities Act IADA) Coordinator at 567-8000 Sworn to and subscribed before me this extension 408 at least 48 hours. in advance of the meeting. Indian River County day A.DZ1?q-3 Board of County Commissioners By: -s- Richard N. Bird, Chairman Business Manager (SEAL) Fw" P�ft. Suft of "Wa my ftq� INDIAN RIVER COUNTY- UNINCORPORATED AREA Community Development Director Bob Keating made the following presentation: 33 FAr-F JUN 221,991, BOOK 89 ,,.897, ,ij 2 1993 TO: James E. Chandler County Administrator = DE HEAD CONCURRENCE Robert 9_._XeAtincj,,qkI�CP a Community Development tDoctor THRU: Sasan Rohani 15 - 9, - Chief, Long -Range Planning FROM: John Wachtel),/ Staff Planner, Long -Range Planning DATE: June 4, 1993 U -7 BOOK 89 FAU 8.98 RE: COUNTY INITIATED REQUEST TO ANEND T11E TRAFFIC CIRCULATION ET NTF THE FUTURE LAND USE ELENENTF THE POTABLE WATER SUB-ELENENTr THE SANITARY SEWER SUB-ELENENTr nm CAPITAL INPROVENENTS ELENENTr AND THE PORTSr AVIATION AND REIATED FACILITIES ELENENT OF THE CONPREHENSIVE PLAN (CPTA 93-01-0102) It is requested that the consideration by the Board meeting of June 22, 1993. DESCRIPTION AND-CONDXTIONS data herein presented be given formal of County Commissioners at their regular On February 13,, 1990,, Indian River County adopted its comprehensive plan. As required by state law, all development activities must be consistent with the comprehensive plan, and all county activities must conform to plan policies. Occasionally, the plan must be updated to reflect the latest and best available information and to address changed conditions. Additionally, the plan must periodically be reviewed and revised in order to reflect the community's changing needs and desires. For those reasons, the county has initiated this amendment. After reviewing the plan, staff determined that several elements need to be revised. The affected elements are the traffic circulation element,, the future land use element,, the sanitary sewer sub -element,, the potable water sub -element,, the capital improvements element, and the ports, aviation and related facilities element. The proposed additions and deletions to the plan are shown on attachment 3. In this attachment,, deletions are indicated by strike throughs, while additions are shown as underlined. Maps and figures are labeled as either existing or proposed. On April 22,, 1993,,the Planning and Zoning Commission voted 5-0 to recommend the transmittal of the proposed amendment request to the state Department.of Community Affairs for their review. 34 Traffic Circulation Element This amendment updates the Traffic Circulation Element to: incorporate the proposed Citrus Highway (County Road 609) on the County Future Traffic Circulation Map and in the Recommended Roadway Needs Plan; revise the Recommended Roadway Needs Plan to ref lect the widening of S.R. 60 west of 1-95 to four lanes; and change the functional classification of Roseland Roadl from U.S. 1 to Indian River Drivel from subdivision collector to collector. - Citrus Highway (County Road 609) The Citrus Highway is a proposed Florida Department of Transportation (FDOT) funded four -lane roadway to be located within a corridor traversing Martin, St. Lucie, and Indian River Counties (see attachment 2). The purpose of the highway is to provide a roadway to serve citrus trucks traveling from groves to packinghouses and from packinghouses to markets. It is anticipated that the diversion of this heavy truck traf f ic will relieve present and anticipated future congestion on U.S. 1 and several east -west corridors (e.g. S.R. 60, S.R. 68, and S.R. 70). Beginning at S.R. 710 (the Beeline Highway) in Martin County and extending north through St. Lucie County to C.R. 510 (Wabasso Road) in Indian River Countyl the highway is proposed to serve mainly large citrus hauling trucks. St. Lucie Countyl acting as the lead agencyl is in the process of hiring a consultant to assess the need for and impacts of the highway. This consultant will also recommend a specific alignment for the highway. In Indian River Countyl FDOT has identified 66th Avenue,, 74th Avenuel and 82nd Avenue as possible routes for the Citrus Highway. Of these routes, staf f determined that 82nd Avenue is the best alternative for the county. One purpose of this amendment is to incorporate the Citrus Highway on the Indian River County Traffic Circulation Map. Without such a plan designation, FDOT would be prohibited from expending funds on the Citrus Highway, since all state expenditures must be consistent with local comprehensive plans. As part of this amendment, the appropriate sections of the Traffic Circulation Element must be amended to reflect the number of lanes and width of public road right -of -way proposed for the Citrus Highway (see tables 4.7.2 and 4.7.3, and figures 4.11 and 4.13 of attachment 3). Presently, 82nd Avenue is a two-lane road classified as an urban minor arterial on the future roadway thoroughfare plan map. It is paved from its southern terminus, 9th Street S.W. (Oslo Road), to 26th Street, and unpaved north of 26th Street. South of S.R. 60, 82nd Avenue has approximately 80 feet of public road right-of-way. This segment of 82nd Avenue is programmed for expansion to 110 feet of public road right-of-way by 2010. North of S.R. 60, 82nd Avenue has no public road right-of-wayl although there is some canal right-of-way that is used for public access. This segment of 82nd Avenue is programmed for expansion to 80 feet of public road right- of-way by 1995. Land uses surrounding 82nd Avenue consist mostly of agriculturally zoned citrus groves and vacant land. However, 82nd Avenue runs throughl or along the border ofl some residentially designated areas in the southern part of the county. Additionally, 82nd Avenue passes through commercial/ industrial nodes on 9th Street S.W. (Oslo Road) and S.R. 60. A small percentage of the vacant land bordering 82nd Avenue may contain environmentally valuable scrub or pine forest. The consultant's report will include a detailed environmental assessment. 35 JUN 22 1993 BOOK 89 P'Au 8,99 JUN 22 191V BOOK �, 89 FAI,JF900 - S.R. 60 west of 1-95 Since the 1990 adoption of the Indian River County Comprehensive Plan, FDOT's classification of S.R. 60 has changed. Because of S.R. 60's function as a major east -west road connecting the east and west coasts of the state, FDOT designated S.R. 60 as part of the Intrastate Highway System. With its designation as a component of the Intrastate Highway System, the four laning of S.R. 60 became a requirement. In its Fiscal Year 1994-1998 Tentative Work Program, the FDOT has included projects to facilitate the widening of S.R. 60, from two lanes to four lanes, from 1-95 to the Osceola County line. Presently,, the county's comprehensive plan indicates that this segment of S.R. 60 will remain two lanes. The purpose of this amendment is to amend the county's Traffic Circulation Element to make the county's plan consistent with the Florida Intrastate Highway System requirements relative to S.R. 60 (see tables 4.7.2 and 4.7.3, and figures 4.11 and 4.13 of attachment 3). S.R. 60 is a major road that crosses the state from the Atlantic Ocean to Tampa Bay. It is Indian River County's primary east -west corridor, providing the only direct access to Osceola County and the Florida Turnpike. It is also the county's only road with an interchange on both 1-95 and the Florida Turnpike. East of 1-95, S.R. 60 is either four or six lanes and is classified as an urban principal arterial on the future roadway thoroughfare plan map. From 1-95 west to the Osceola County line, S.R. 60 is a two-lane paved road with 100 feet of existing public road right -of - way and is classified as a rural principal arterial on the future roadway thoroughfare plan map. This segment of S.R. 60 is programmed for expansion to 200 feet of public road right-of-way by 1995. Generally, the'land along this part of S.R. 60 is zoned and used f or citrus groves,, cattle grazing,, and other agriculture uses. Much of the land remains uncleared. However, a largely undeveloped section of the I-95/S.R. 60 commercial/ industrial node extends west of 1-95 for approximately one mile. S.R. 60 passes through the environmentally sensitive St. John's Marsh in the western part of the county. Since most of that land is owned by the St. John's River Water Management District and is zoned Con -1, Public Lands Conservation District (C-1. Conservation - 1 land use designation),, that area will not experience urban development. - Roseland Road between U.S. 1 and Indian River Drive This proposed amendment would change the functional classification of Roseland Road,, between U.S. 1 and Indian River Drive,, from a subdivision collector to a collector (see figures 4.13.2 and 4.13.3 of attachment 3). Roseland Road extends from C.R. 512 to Indian River Drive, but only the easternmost segment of the road is the subject of this amendment. To the west of the subject segment, Roseland Road is a two-lane paved roadway with 80 feet of public road right-of-way and in classified as an urban minor arterial on the future roadway thoroughfare plan map. The eastern 0.6 miles of this segment of Roseland Road is programmed for expansion to four lanes by 2010. 36 The segment of Roseland Road between U.S. 1 and Indian River Drive is approximately 1700 feet long and is classified as a subdivision collector on the subdivision collector map. The public road right- of-way of this segment of Roseland Road varies from approximately 18 feet to approximately 70 feet. The subject roadway segment begins at the intersection of Roseland Road and U.S. 1; this area is within a commercial/industrial node. Two corners of this intersection accommodate shopping centers,, while a third corner contains a convenience store and a fast food restaurant; the other corner is vacant. Between this node and Indian River Drive are residential areas. Future Land Use Element Recentlyl the research needed to revise the county's Data Source for Commercial & Industrial Development has been completed. This amendment is a result of information gathered during this process. This research has provided staff with accurate land use information where previously only estimates were available. The revision of the data source has also allowed staff to re-examine the system of labeling nodes. - Table 2.30 Future Land Use Element Table 2.30 lists each commercial/ industrial node in Indian River County. This table shows the type, location# and size of each node. Much of this information is based on estimates. However,, as a result of the research completed to revise the county's Data Source for Commercial a industrial Developments exact information for this table is now available. The proposed amendment updates Future Land Use Element Table 2.30 using the best available data (see attachment 3). - Policy 1.25 Future Land Use Element Policy 1.25 designates all nodes as eithery commercials industrials commercial/ industrial F tourist commercial, or hospital commercial. This amendment proposes to eliminate these labels (see attachment 3). As a consequences all nodes will be known as commercial/industrial nodes. Ports, Aviation, and Related Facilities Figures 6.2, and 6.3 The purpose of this amendment is to update the maps of the Vero Beach Municipal Airport and the New Hibiscus Airport. Several changes have recently occurredr including a change in a clear zone at Vero Beach Municipal Airport,, and these changes should be reflected in the comprehensive plan (see attachment 3). ement Policv 1.3, Sanitary Sewer Sub -El Potable Water Sub -Element Policy 1. 3, Sanitary Sewer Sub -Element Policy 1.31 and Capital Improvements Element Policy 3.5 set the utilities Level of Service (LOS) standards for the county. Each of these policies refer to county ordinance 84-18 which has been replaced by ordinance 91-9. Consequently, 84-18 is no longer current. The purpose of this amendment is to update these policies to refer to the "County Utilities Ordinance,, as amended" instead of a specific ordinance number (see attachment 3). This change will ensure that the policies are and remain accurate. 37 JUN 22 BOOK 89 NVU.E�'901 JUN 22 1993 ANALYSIS. Boox 89 p4GE 9,02 In this section, an analysis of the reasonableness of each of the proposed changes will be presented. As part of the staf f analysis,, comprehensive plan amendment requests are reviewed for consistency with all policies of the comprehensive plan. As per section 800.07(l) of the county code, the "comprehensive plan may only be amended in such a way as to preserve the internal consistency of the plan pursuant to Section 163.3177(2) F.S." The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify the action 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 related decisions- -including plan amendment decision@. While all comprehensive plan policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability to these requests are Land Use Element Policies 13.3 and 3.4, Traffic Circulation Element Policies 1.1 and 3.1,, Economic Development Element objective 4 and Policy 1.1, Capital Improvements Element Policy 1.6, and Ports,, Aviation aid Related Facilities Element Objective 3. Future Land Use Element Policy 13.3 In evaluating any comprehensive plan amendment requestp the most important consideration is Future Land Use Element Policy 13.3. This policy requires that at least one of three criteria be met in order to approve a comprehensive plan amendment. These criteria are: • a mistake in the approved plan; • an oversight in the approved plan; or • a substantial change in circum tances. While some policies are particularly applicable to certain comprehensive plan amendments,, - Future Land Use Element Policy 13.3 is applicable to all comprehensive plan amendments. The following table shows how these comprehensive plan amendments relate to Future Land Use Element Policy 13.3. CORRECT A CORRECT AN CHANGE IN AMENDMENT MISTAKE OVERSIGHT CIRCU14STANCE Citrus Highway x S.R. 60 x Roseland Road x Aviation x FLUE Table 2.30 x FLUE Policy 1.25 x Utilities x CIE x FLUE: Future Land Use Element CIE: Capital Improvement Element 38 - Citrus Highway (County Road 609) Since the comprehensive plan was adopted, there has been a substantial change in circum tances regarding the Citrus Highway. At that time, there were no formal plans for a Citrus Highway. Subsequent to plan adoption,, however,, the citrus industry approached FDOT and representatives of Indian River, Martin, and St. Lucie Counties, regarding the need for a multi -county roadway to serve the citrus industry. FDOT and county representatives determined that such a roadway may provide multiple benefits by getting citrus trucks off other arterial roads and on the Citrus Road. Based upon the initial determination of potential benefits, FDOT has programmed a corridor study for the Citrus Road. These actions constitute a substantial change in circumstances affecting the Citrus Highway and meet the third criterion of Future Land Use Element Policy 13.3. - S.R. 60 west of 1-95 In the period since adoption of the comprehensive plan, there has been a change in circum tances regarding S.R. 60 west of 1-95. As a major east -west corridor, S.R. 60 has been designated part of the recently established Intrastate Highway System. State law requires that roads which are part of this system be four -lane facilities. This, therefore, constitutes a substantial change in circumstances affecting S.R. 60 and meets the third criterion of Future Land Use Element Policy 13.3. - Roseland Road between U.S. 1 and Indian River Drive The segment of Roseland Road between U.S. 1 and Indian River Drive was mistakenly designated as a subdivision collector instead of a collector in the adopted comprehensive plan. Since this segment acts as a tr4nsition roadway, connecting an urban minor arterial (programmed for expansion to four -lanes) to a two-lane subdivision collector, the road should have been given the intermediate "collector" designation. Additionally,, the characteristics of the U.S. 1/Roseland Road intersection indicate that this segment of Roseland Road should have been designated as a collector road when the comprehensive plan was adopted. This intersection of two major roads is located within a commercial /industrial node. Since each corner of this intersection has commercial zoning which attracts a significant volume of traffic, this segment of Roseland Road should have been designated as a collector road in the comprehensive plan. Therefore, because there was a mistake in the original comprehensive plan with respect to this road, the first criterion of Future Land Use Element Policy 13.3 has been met. - Future Land Use Element Table 2.30 When the comprehensive plan was adopted, the best available data regarding the amount of commercially and industrially designated .land in the county were not completely accurate. Recently, staff revised the county's Data Source for Commercial & Industrial Development. Research for this project provided staff with more accurate and up-to-date information for Future Land Use Element Table 2.30. The availability of these data constitutes a substantial change in circumstances affecting Future Land Use Element Table 2.30 and meets the third criterion of Future Land Use Element Policy 13.3. 39 JUN 22 1993 BOOK DIU 903 L JUN 22 1991 BOOK - Future Land Use Element Policy 1.25 F�r" -1 89 t �,,- 904 Future Land Use Element Policy 1.25 designates all nodes as either commercial, industrial, commercial/ industrial, tourist commercial, or hospital commercial. This policy does not include any criteria for designating or changing types of nodes, and these designations have no regulatory purpose since any commercial or industrial zoning is permitted within any node. In practice, the existence of various types of nodes confuses the public without providing specific benefits. For these reasons, designating five different types of nodes was a mistake in the original plan. Therefore, this amendment meets the first criterion of Future Land Use Element Policy 13.3. - Ports, Aviation, and Related Facilities Since the adoption of the comprehensive plan, several changes have been made to the layouts of Vero Beach Municipal Airport and New Hibiscus Airpark. These changes include moving a runway and changing a clear zone. Together,, these actions constitute a substantial change in circumstances affecting both airports and meet the third criterion of Future Land Use Element Policy 13.3. - Potable Water Sub -Element Policy 1.3. Sanitary Sewer Sub - Element Policy 1.3. and Capital Improvements Element Policy 3.5 Potable Water Sub -Element Policy 1.3, Sanitary Sewer Sub -Element Policy 1.3, and Capital Improvements Element Policy 3.5 all refer to a county ordinance which was current when the comprehensive plan was adopted but has since been amended. The amendment of the county ordinance constitutes a change in circum tances. Therefore,, this comprehensive plan amendment meets the third criterion of Future Land Use Element Policy 13.3. At least one of the Future Land Use Element Policy 13.3 criteria is met by each proposed amendment. Therefore,, all proposed amendments are consistent with Future Land Use Element Policy 13.3. Traffic Circulation Element - Citrus Highway The proposed Citrus Highway will provide several benefits. First# it would serve the citrus industry by providing more efficient movement of citrus from groves to packinghouses and then to consumers, Second# the highway would remove many large,, slow moving citrus hauling trucks from U.S. 1. Presently# there are no deficiencies on U.S. 1 in Indian River County. However , as indicated in Table 4 .7.2 of the Traf f ic Circulation Element of the comprehensive plan, deficiencies will begin occurring in 1995, if no improvements to the transportation system are made. According to Traffic Circulation Element Table 4.7.3# the entire length of U.S. 1 in Indian River County and parts of old Dixie Highway# 27th Avenue,, and 58th Avenue will be deficient by 2010j, if no improvements are made. Objectives and. policies of the comprehensive plan which are particularly applicable to this amendment are Traffic Circulation Element Policy 1.1,, Economic Development Element Policy 1.1 and Objective 4, Future Land Use Element Policy 3.4, Capital Improvements Element Policy 1.6,, and Ports,, Aviation,, and Related Facilities Element objective 3. 40 Traf f ic Circulation Element Policy 1. 1,, Economic Development Element objective 4,, Future Land Use Element Policy 3.4,, and Ports,, Aviation,, and Related Facilities Element Objective 3 all relate to LOS standards on roads within the county. These policies and objectives state that the county must take steps to maintain a specified minimum level of service on all roads within the county. By removing many large,, slow,, citrus hauling trucks from other arterial roads, the Citrus Highway will increase the level of service of these roads. Therefore, this amendment is consistent with these comprehensive plan objectives and policies. I Economic Development Element Policy 1.1 states that the county shall encourage expansion of existing businesses. The Citrus Highway will provide for the expansion of the citrus industry by providing more efficient movement of citrus from groves to packinghouses and consumers. Therefore, this amendment is consistent with Economic Development Element Policy 1.1. Capital Improvements Element Policy 1.6 states that the county shall encourage the FDOT to reallocate budgeted appropriations for traffic facilities in Indian River County. Since this amendment facilitates the construction of an FDOT funded traffic facility in Indian River County by incorporating the Citrus Highway into the county's comprehensive plan,, the amendment is consistent with Capital Improvements Element Policy 1.6. - S.R. 60 west of 1-95 The current traffic volumes on S.R. 60 from 1-95 to Osceola County do not justify additional lanes. Howevers several factors indicate that, despite existing traffic volumes, there is a need for additional lanes. Evidence indicates that this portion of S.R. 60 is so dangerous that drivers who would otherwise use it to reach the Florida Turnpike or the Tampa Bay area instead use much longer alternate routes. Several factors combine to make this portion of S.R. 60 dangerous. It is a longr narrow road, covering a distance of approximately 22.5 miles from 1-95 to 'Che Osceola County 'Line. Even though the comprehensive plan indicates that this portion of S.R. 60 currently has 100 feet of public road right-of-way, the paved portion of the road is actually only 28 feet wide. Deep ditches run along each side of this road. Additionally, this portion of S.R. 60 has no median and, until recently, had no shoulders or guardrails. In the last five years, there have been at least 123 accidents and seven fatalities on this portion of S.R. 60. This is despite the fact that many drivers are using alternate routes. This statistic demonstrates the hazards of this road in its current condition. In August,, 1991,, a petition requesting that S.R. 60 be substantially improved from 1-95 to the Osceola County line was presented to the Board of County Commissioners. The petition, one of the largest ever received by the commission, was signed by more than 14,000 people. Other important benefits of four-laning this section of S.R. 60 would be the increased speed and efficiency of evacuations for hurricanes and other emergencies,, and the economic benefits of more efficient transportation of goods and services. in addition tc as part of th least four lan A preliminary $33.6 million. being dangerous in its current condition, S.R. 60, e Intrastate Highway System, must be widened to at es to meet FDOT's minimum standards for this system. estimate of the cost of this project is approximately 41 BOOK 89 PAGFP05 JUN 22 1993 BOOK 89 MU, 906 Policies of the comprehensive plan which are particularly applicable to this amendment are Traf f ic Circulation Element Policy 3.1, and Capital Improvements Element 1.6. Traffic Circulation Element Policy 3.1 states that the county will collect, maintain and review data on all accidents in the county, and that the county will identify above average accident locations as well as safety projects to reduce accidents at these locations. Based on accident data, staff has identified this portion of S.R. 60 as an above average accident location. Further,. staff has identified the widening of this portion of S.R. 60 as a needed safety project. For these reasons, this amendment is consistent with Traffic Circulation Element Policy 3.1. Capital Improvements Element Policy 116 states that the county shall encourage the MOT to reallocate budgeted appropriations for traffic facilities in Indian River County. Since this amendment facilitates the construction of an MOT funded traffic facility by incorporating it into the county's comprehensive plan, the amendment is consistent with Capital Improvements Element Policy 1.6. Roseland Road between U.S. 1 and Indian River Drive The portion of Roseland Road between U.S. 1 and Indian River Drive should be designated as a collector road rather than a subdivision collector road for several reasons. First, this segment provides • transition from a road with a higher functional classification to • road with a lower functional classification. This seament n - 1- �— b connects an urban minor arterial to a subdivisio c6l ector.----- inc--e-- collector roads are designed to accommodate traffic volumes at levels between those of arterials and subdivision collectorsl this segment of Roseland Road should be designated as a collector road. The land uses in the area also indicate that this segment of Roseland Road should be designated a collector road. This segment begins in a commercial/industrial node, at the intersection of two major roads (U.S. 1 and Roseland Road). All four corners of this intersection are zoned CG, General Commercial. Uses located at this intersection include major shopping centers, a grocery store, a convenience store, a fast food restaurant, and a drug store. Traffic Circulation Element -Policies 1.1 and 3.2, and Objective 5 are particularly applicable to this amendment. These parts of the comprehensive plan relate to the regulation and monitoring of the thoroughfare roadway system. Despite high volumes, this segment of Roseland Road is not part 'of the thoroughfare roadway system and,, therefore, is not monitored for LOS. In reality, this segment performs the same functions as other thoroughfare roads. If designated a collector road, this segment would become part of the thoroughfare roadway system and would have to meet minimum LOS standards. Therefore, this amendment is consistent with Traffic Circulation Element Policies 1.1 and 3.2, and Objective 5. Staff also reviewed potential environmental impacts of this amendment. Since the areas surrounding this segment of Roseland Road are already disturbed, this amendment is not anticipated to have any significant adverse environmental impacts. 42 M M M Future Land Use Element - Table 2.30 As a result of the county staf f I s revision of the county I s Data Source for Commercial a Industrial Development,, the county has produced better, more accurate maps of nodes. These revised maps reflect minor differences from the previous node maps. When the comprehensive plan was adopted, the node sizes were estimated for Future Land Use Element Table 2.30. This amendment will update Future Land Use Element Table 2.30 using the best available data. The minor increase in total acres is due to the increase in accuracy of information,, not due to node expansion. Staff has also found that the boundaries separating adjacent nodes were in some cases inappropriately located. An important task associated with revising the data source was to use the best available data to determine appropriate "break points" between adjacent nodes. Changes associated with this task also have been incorporated into Future Land Use Element Table 2.30. - Policy 1.25 When the comprehensive plan was adopted, nodes were labeled either commercial,, industrial,, commercial /industrial,. hospital commercial,, or tourist commercial. These labels were unnecessaryl vague,. and confusing. The labels described basically the same type of land, commercial/industrial land. Therefore, with the adoption of this amendment,, there will be only one type of commercial or industrial land use, the commercial/industrial node. Ports, Aviation, & Related Facilities Element Figures 6.2. and 6.3 The Ports, Aviation, and Related Facilities Element contains maps depicting the general layout of each airport in the county, the clear zones associated with each airport, and pertinent surrounding features such as trees or towers relatin—g-to-each airport. These maps need to be updated as changes occur. In this case,. the end of a runway and its clear zone have changed. These amendments reflect the changes at Vero Beach Municipal Airport and New Hibiscus Airpark. 1. 3. Sani Presently, these policies are not accurate. The policies refer to an ordinance that has since been amended. This amendment will update these policies to ref er to the "County Utilities Ordinance, as amended", instead of a specific ordinance number. This change will ensure that the policies are and remain accurate. Conclusion It is staff's position that these proposed amendments will enhance the plan by facilitating needed projects within the county, and by adding accuracy and clarity to the comprehensive plan. Also, it has been demonstrated that these amendments maintain the plan's internal consistency. For these reasons, staff feels that the proposed amendments should be adopted. 43 BOOK 89 PAcF 907 JUN 22 1993 JUN 22 10" BOOK.. 89 PviF 908 Recommendation Based on the analysis performed, staff recommends that the Board of County Commissioners transmit these amendments to the Department of Community Affairs for their review. 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 Macht, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 93-107, approving the transmittal of a proposed amendment to the Indian River County Comprehensive Plan to the State of Florida Department of Community Affairs for their review, as recommended by staff. RESOLUTION NO. 93-107 A RESOLUTION. OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE TRANSMITTAL OF A PROPOSED AMENDMENT TO THE INDIAN RIVER COUNTY COMPREHENSIVE PLAN TO THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THEIR REVIEW. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county received comprehensive plan amendment applications during its January., 1993 amendment submittal window,, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on April 22, 1993 after due public notice, and WHEREAS, the Local Planning Agency recommended that the Board of County Commissioners transmit the comprehensive plan amendment listed below to the State of Florida Department of Community Affairs; and WHEREAS, the Board of County Commissioners of Indian River County held a TFansmittal Public Hearing on June 22, 1993, after advertising pursuant to F.S. 163.3184(15)(b)(1), and 44 RESOLUTION NO. 93-107 WHEREAS, The Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of the plan amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTYf FLORIDA THAT: 1. The above recitals are ratified in their entirety. 2. The following proposed amendment is approved for transmittal to the State of Florida Department of Community Affairs for written comment: Request to amend the Traffic Circulation Element, the Future Land Use Element, the Potable Water Sub - Element, the Sanitary Sewer Sub"Element, the Capital Improvements Element, and the Ports, Aviation, and Related Facilities Element of the Comprehensive Plan. The forgoing Resolution was offered by Commissioner Macht and seconded by Commissioner Adams and upon being put to a vote the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman John V. Tippin Aye Commissioner Fran Adams -Aye Commissioner Carolyn K. Eggert Aye Commissioner Ken Macht Aye The Chairman thereupon declared the resolution duly passed and adopted at a public hearing held this 22nd day of June 1993. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Richard N. gird, Chairman 45 L_ JUN 22 1,993 BOOK 89 F'�Gr 909 JUN 22 1993 ­ A& 404""%.L PH -BE RES)LUTLON III The hour of 9:05 Attorney announced that advertised as follows: do OK 8 9 Ni rJ'F 9,10 1 O'clock A. M. having passed, the County this public hearing has been properly 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-ioumal, a daily newspaper Published at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being NOT= The BQQfd of Co" Conimmionanil River of ham "026 hMW- govid" MOM of PUBLIC L sdisduled for Tuesday - jurle - A.M. on resolution ma* 22, -1993* -to dSCuss a - --------- --- In the matter of—e-1,0,14el PROJECT In _V to 111 'SOECIAL iA= hCrAn R'M Cotffq for ft installation Of PHASE ill OF THE WATER MAIN EXTENSION GROWTH KAN, and pmWft for MXXW aSsaW ment RM to be made Of 1`10� on ft to be swal In the Pubho hm' p M was Court, was pub-' Ild"Ided for itine a, 1993, but was poSipponed untiJune22.19M. lished In said newspaper In the Issues o (7, Anyone who May Wish to appeal any decision whiCh May be made at INS mee*V wil need to awe #0 a vabatim record Of the Moceeangs is we* which ftlixies lesijitiony,and QMW tipon Wfft the appeal is basect, Anyone WhO Mods a Afflant further says that the said Vero Beach Press -Journal Is a newspaper published at' this f0000111`10dafion for m MtW the COA Vero Beach, In said Indian River County, Florida. and that the said newspaper has heretofore With =_tIasayW* - ty*s Amertans (ADA) CoofcWtor at %7_ been continuously Published In said Indian River County, Florida, each daily and has been 8M. Ext 408. at least 48 hours In advance of the entered as second class mail matterat the post office in Vero Beach, In said Indian RlverCoun- mee". ty, Florida. for a period of one year next preceding the first publication of the attached copy of JUN 1, 8,1993 10=70 advertisement; and affiant further says that he has neither paid nor promised any person firm M, or corporation any discount rebate. commission or refun for the Purpose of securinj this advertisement for publlcatio� in the said newspaper. Sworn to and subscribed before thi a a--" #of Jr. A. D. 19 !gF (Business Manager) (SEAL) stoe 'If �ri& Aty 11"W'Salm 1h A Assessment Projects Manager James Chastain made the following Presentation: 46 DATE: TO: 14 �10 IF PREPARED AND STAFFED BY: SUBJECT: 31 1993 JAMES E. CHANDLER COUNTY ADMINISTRA' TERRANCE G. PINTQ DIRECTOR OF UTILr JAMES D. CHASTAW MANAGER OF ASOSO DEPARTMENT OF UTI: r PROJECTS Y SERVICES PHASE III - WATER MAIN EXPANSION GROWTH PLAN RESOLUTION III - PUBLIC HEARING INDIAN RIVER COUNTY PROJECT NO. UW -91 -15 -DS On May 11, 1993 the Indian River Board of County Commissioners approved Resolutions 93-91 and 93-92, which contained the preliminary assessment roll and established the date of the public hearing for the subject project. Property owners have been notified of the public hearing by certified mail. Resolution 93-91 was published in the PRESS JOURNAL on May 17, 1993. (See attached agenda item and minutes of the above meeting.) ANALYSI Design of the water distribution system is complete. Approval of the attached Resolution III will confirm and approve the preliminary assessments. Informational meetings were held for the property owners on May 19, 26, and June 2 at 7:00 p.m. in the County Commission Chambers. Attached are Resolutions I and II for the assessment project. The attached map displays the area to benefit from the assessment project. The project will generally serve the following' described areas: Subdivision Pinetree Park Diana Park Greenbriar Westgate Colony Rivera Estates Cherrywood Estates Sunniland Homesites Cherry Lane Manor Location South of Sth Street, west of 60th Avenue to 66th Avenue, north of 4th Street 61st Avenue, north of 4th Street South of S.R. 60/20th Street to 18th Avenue, from 78th Avenue west to 79th Avenue 80th Avenue on the west, 79th Avenue on the east, 22nd Street on the north (Route 60), 20th Street on the south 24th Street, west of Kings Highway/58th Avenue 59th Avenue, south of 33rd Street (Cherry Lane) 62nd Avenue and 62nd Drive, south of 33rd Street 62nd Court, south of 33rd Street (Cherry Lane) 47 BOOK JUN 22 1993 JUN 22 1993 BOOK 8 9 ul-N. 9 1 12 Floral Park 57th Avenue, east to 56th Avenue, 43rd Street on the north and 41st Street (S. Gifford Road) on the south Ranch Estates East side of Kings Highway to 57th Avenue, 43rd Street on the north and 4lSt Street (S. Gifford Road) on the south Metes and Bounds Various, abutting various streets Acreage Parcels throughout the above (non -platted) The total estimated project cost is $2,166,044.27, less a non -assessed transmission main cost of $418,669.82. The total cost to be assessed is $1,747,374.45. The cost per square foot is $0.118489. This project contains 901 parcel I.D.1s, including 1,137 parcels and platted lots, of which 1,069, or 94%, are substandard or "undersized," according to Indian River County's Comprehensive Plan and the County Public Health Unit, Division of Environmental Health, which require that new lots utilizing well and septic systems be a minimum of one-half acre. If served by a public water system, the lot may be reduced to one-quarter acre in size. Lots not meeting these minimum standards are called "undersized lots." The staff of the Department of Utility Services recommends that the Board of county commissioners approve the.attached Resolution. Utility Services Director Terry Pinto explained that the first two phases of water expansion are virtually completed. The water lines are being constructed within the urban service area as required by the Comprehensive Plan. In the Utilities Master Plan we have the priority of serving areas with substandard lots, those under a half acre, with the eventual goal of serving the entire urban service area. In extending water lines to the undersized -lot areas, we construct lines through other areas, including agricultural, and the process of assessment by square footage has been found to be the most equitable to everyone. Director Pinto directed the Board's attention to the enlarged graphs and drawings showing the areas included in the assessment. Community Development Director Bob Keating referred to the discussion on the earlier item regarding the urban service area requirements. our Comprehensive Plan provides the blueprint for growth and development in the county and identifies where and when services and facilities will be provided. We identify areas with problems or deficiencies and provide services in those areas first, and at some point in the future the County will provide utility services in the entire urban service area. Director Pinto pointed out that the previous discussion regarding urban service area expansion would have an effect on this assessment. If the Board does not, include the areas that currently fall outside the urban service area, this assessment will have to be recalculated. �, N The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Jim Wright, 6255 Cherry Lane, presented a petition with the names of 31 residents who are opposed to the extension of the water line to their neighborhood. Mr. Wright stated that most of the residences are on oversized lots, there are some empty lots, and presently there are 47 residences on 160 acres, so there is no problem with density. Mr. Wright related that he asked the utilities department for the.cost estimate of the water line for his specific neighborhood and they were not able to supply that information. They were only able to tell him that his individual assessment would be $10,000. Mr. Wright urged the Board to exclude his neighborhood from this Phase III water line expansion because the residents do not want it. They have excellent water and do not want the expense of a water line which they have no intention of using. PETITIONS ON THIS MATTER ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD Chairman Bird explained that the entire project is designed, the total cost is estimated, and that cost is broken down into the various phases, but not for individual subdivisions. Discussion ensued regarding the assessment formula, and Director Pinto explained that the assessment is based on the total project. It is not possible to break it down to an individual street because there are other major parts of that project that must be built to reach that individual street. The 'formula takes into account the total cost and the entire amount of benefitted area, and it is divided and assessed by the square foot. Dean Lockwood, 6586 Fifth Place, had a photocopy of a petition with 176 signatures which was originally presented to the Board on March 17, 1992. Those petitions represented 219 lot owners in Pine Tree Park Subdivision who oppose this water expansion project. He recounted that the residents asked for a special meeting to discuss this project, but that meeting was never scheduled. They feel they are having something forced upon them and do not agree with the argument that it is mandated by the State Department of Community Affairs. He argued that 67 percent of the residents must petition for a project that is to be financed through a special assessment such as this and they have not done so. Mr. Lockwood urged the Board to exclude Pine Tree Park Subdivision from this water line expansion special assessment project. 49 JUN 22 1991 B0QK 89 PACF.913 JUN 22 1993 BOOK 89 PA,UE 9-14 -7 Jim Wilson, local attorney, 1601 20th Street, came before the Board representing Bob Havlin who is a resident of Cherry Lane. Mr. Wilson also represented the residents of Cherry Lane who signed the petition. He argued that this project is a result of County staff following the Comp Plan without considering the wishes of the residents. He argued that while it may be necessary at some future time to build water lines to this area, it is premature right now. The residents are opposed to the water expansion because they cannot afford it and do not need it because their parcels are bigger than most platted subdivisions. There is no health hazard necessitating the water line. Mr. Wilson reported that staff argued that the water line is mandated by the State, but there is nothing in the Comprehensive Plan that states that a water line must be placed down Cherry Lane at this time. The County is required to provide water to 30 percent of the residential units -within the urban service area having undersized lots. Cherry Lane is not in that category. Mr. Wilson pointed out that staff is following policy which was created by staff, and the residents feel it is bad policy. He urged the Board to look at the policy and if it is bad, change it. He noted that 90 percent of the 47 residences in the Cherry Lane area are opposed to this project. since it is not required by the Comp Plan, Cherry Lane should be excluded from this project. County Attorney Charles Vitunac reminded the Board that the Comp Plan requires that the whole urban service area shall be served with water in due time. Since Cherry Lane is within the urban service area and since it is connected physically with areas that are substandard sized lots, it was convenient to include it in this project. Commissioner Eggert emphasized that the decisions regarding water service expansion were made by the Board, not staff. There were a number of public hearings and advertisements, and she understands why people do not see the urgency, but the opportunity was available for people to become informed. Mr. Wilson agreed that the Cherry Lane area lies between Lateral A and Kings Highway and is within the urban service area, but he pointed out that it is not necessary to pass through Cherry Lane to serve the other subdivisions with smaller lots. There are other areas that are in more critical stages and they should be served first. Water service for Cherry Lane can be addressed at some future time. 50 Gary Purdee, resident of Greenbriar Subdivision, presented a petition from residents of Greenbriar Subdivision, who are opposed to the water line expansion into their subdivision. Mr. Purdee admitted that 4 out of 57 residents were in f avor of the water line expansion. He admitted that the lots are substandard size but the lots are long and the septic tanks have a 75 -foot separation. Mr. Purdee reported that they have contacted the County Health Department, they have had the water tested by several agencies and everything is fine. He stated that the residents cannot af ford the assessment. His assessment for 3 lots is $15, 000. He has kept these lots as a buffer between the homes and the condominiums, but if he is assessed this amount, he will be f orced to consider developing those lots. He urged the Commissioners to exclude Greenbriar Subdivision from the Phase III water expansion project. Bruce Barkett, local attorney, representing Glen Johnston, distributed a copy of the County Appraiserl's map showing Mr. Johnston's property. The property has 240 feet of frontage on 8th Street west of Kings Highway. The property contains a grove with irrigation pond and the house occupies approximately one half acre. The assessment on this property is $10,322 while his neighbor on one half acre is assessed $2,580. Mr. Barkett contended that Mr. Johnston's assessment is unfair because Mr. Johnston has limited use of the property for his home, and that his one half acre of benefitted property should be assessed exactly the same as his neighborls. Tom Schlittp owner of a 5 -acre tract at the end of Cherry Lane with a 2 -acre lake on that property, explained that his house is located in the middle of the property, making the property almost undevelopable, but this assessment will force him to consider development. Mr. Schlitt agreed with providing water service to smaller sized lots, such as Pine Tree Park Subdivision where he owns two lots, but he urged the Board to exclude Cherry Lane from this project. He stated that some people paid $10,000 for their homes 20 or 30 years ago and now are being assessed $15,000 for the water line. Mr. Schlitt asked the Board for their consideration in this matter because the economy is in tough times and a lot of people cannot afford this assessment. Edward Waddell, 6050 26th Street, stated that his family has been on that property since 1912. He has talked to his neighbors and none of them want the water line to be brought through there. He requested that Cherry Lane be excluded from this project. 51 BOOK 915 JUN 22 1991 JUN 22 1993 BOOK 89 P,�U916 Peter Robinson, representing Guy Poteet, showed that Mr. Poteet's property is outside the urban service area. County regulations deny water and sewer service to that property but he is included in the assessment. Mr. Robinson noted that Bruce Barkett's client also is outside the urban service area. Director Pinto explained that the preliminary assessment roll for Water Expansion Phase In included the owners of property outside the urban service area along the corridors referred to in the discussion in the earlier agenda item. Based on the Board's decision not to change the urban service area boundaries, the assessments will be recalculated to exclude those parcels. Venda Burgess, 3335 58th Avenue, corner of 58th Avenue and Cherry Lane, is opposed to the water line for Cherry Lane. Her house faces 58th Avenue and there is a fire hydrant directly in front of her house. She wants to hook up to that water line rather than from the rear of her property because that water is available right now. She commented that she had to close her driveway because of County policy, and now she cannot get hooked to water that is available because of County policy. She feels penalized for living on a corner. John Christina, 3235 59th Avenue in Cherry Wood Estates, spoke in favor of the water line expansion and he contended that at least one third of the residents are in f avor of the water line. He also urged the Board to pave his street because grading the road is costly and is not successful. He assured the Board that not everyone in Cherry Wood Estates is opposed to the water line. Worth Auckshire, Gainesville, Florida, part owner of 3-1/2 acres in Greenbriar Estates, was opposed to the water line and did not want to be subjected to benefits he does not want. Elizabeth Nason, 665 27th Avenue, also owns lots in Pine Tree Park Subdivision and was in favor of the water line expansion. She recounted that she just went through the assessment on 27th Avenue. There are benefits: no water conditioner, no salt for the water conditioner, no dependence on electrical power for water, and no need to drill another well. She does not like paying the fee, but she does like the water. John Parent, 2910 55th Avenue, Cherry Wood Estates, is in favor of the water line expansion. 52 Alan Waters, 3165 62nd Drive, opposed the water line on Cherry Lane. He felt the assessment was too high. He is in f avor of public water but he thought that the County should run the lines down Kings Highway and down 66th Avenue and if anybody wants to run a line to their homes or developments, they can bear the cost. The homes on Cherry Lane are not congested and the people do not want the water. Wayne Russ, 6276 7th Place, Pine Tree Park Subdivision, stated that Pine Tree Park has poor water and anybody who thinks otherwise is f ooling themselves. Pine Tree Park is in a low area, homes must be constructed at high elevations and water quality is variable. He is concerned because when they have heavy rainfalls, some of the septic systems are not usable. He goes to his mother's house in Laurel Oaks Subdivision when he wants good water. He emphasized that it is time to get good water to Pine Tree Park Subdivision. Richard Votapka, 5875 24th Street, Rivera Estates, was in f avor of the water line. He asked how his subdivision will be affected if some subdivisions are excluded from this project. Chairman Bird explained that if the Board deletes certain portions, the total cost of the project would be recalculated, that cost would be divided among the remaining parcels, and there would be another public hearing. Lynn Williams, 5840 Cherry Lane, was opposed to the water expansion project. He disagreed with the statement that if assessments were calculated on 150 -foot depths, all assessments would be higher. His lot is 218 feet deep and by his calculations, his assessment would go down $1600. He reported that he asked the Utilities Department for the cost of installing the water line only on Cherry Lane. He felt that if the assessment is fair, leaving Cherry Lane out of the project would not make any difference to the cost to other subdivisions. He insisted that the residents on Cherry Lane would not hook up to the water line and asked whether the County has met its obligation to serve the urban service area if no one hooks up. If there is no mandatory hookup to the water line, what is accomplished by installing the water line? The residents will pay for the water line but they will not use it and they will not own it. If they do connect to the water line, there is another expense for that. Mr. Williams noted that other counties install water service to residents who petition for it, and he suggested that Indian River County should follow that 53 22 1991) Ur BOOK 89 FA -917 JUN 22 1993 BOOK 8 9 p,, lu, 918 course. He urged the Board to exclude Cherry Lane from this water expansion project. Mr. Williams further commented that he is a county employee on leave for the purpose of voicing his opposition to this project and would take whatever consequences follow. Chairman Bird assured Mr. Williams that county employees never have to worry about voicing their opinions, and no retaliation would ever occur. Bob Schlitt, 505 66th Avenue, attended the meeting to hear the earlier discussion regarding the expansion of the urban service area which affects his property. He is also concerned about the water service because his property is across from Pine Tree Park Subdivision. He currently is appealing the County to change his zoning so he can sell a portion of his property. He is outside the urban service area and does not know if he will be able to receive water service or not. If he is assessed for the water service, he does not know if he will be able to sell a portion of his property to pay for that assessment. He wished to be kept informed and asked whether he will be allowed to attend the workshops. He favored the change to one unit per acre and the water line expansion. Glenn Schuessler, 6356 7th Place in Pine Tree Park, spoke in favor of the water expansion project. He did not sign Mr. Lockwood's petition and his immediate neighbors did not sign that petition. Mr. Schuessler f elt that Mr. Lockwood has a vested interest in the petition because he lives on three lots and owns 3 or 4 others that are vacant. He stated that there are quite a few signers of the petition who live out of town and do not know what is going on. They see a set amount of money and do not want to pay it. Mr. Scheussler talked about the expenses over the past 12 years for 3 hot water heaters, 4 water pumps, 3 water conditioners and leaking plumbing in his house. He cannot afford to move. He knows there are wells in the area with less than 75 feet of separation because that subdivision was built in the fifties. He has been told by well drillers that he cannot get better water. Mr. Scheussler urged the Board to approve the water expansion project to Pine Tree Park Subdivision. Mike Galanis, director of Environmental Health, stated that in his capacity he was involved in the development of the Comprehensive Plan. The plan was based on state law but staff used their knowledge from working in the community for a number of years 54 M M M to set the priorities for utility service. Mr. Galanis mentioned several small subdivisions which have been provided with water service, and he stated that Pine Tree Park Subdivision is included in the list of areas of greatest need for water service. The County has set down an orderly pattern for growth and even the areas like Cherry Lane with low densities must be serviced with water because there is a problem with disposing of sewage. The water table is high, the drainage is poor and the soil is not like the sandy soils where septic tanks work well. Commissioner Macht asked if there has ever been an incidence of illness caused by drinking the water in Pine Tree Park, and whether the Health Department has the ability to test that water and perhaps condemn it if it is bad. Director Galanis responded that there is no regulation relative to potability of an individual's drinking water. There are construction standards to protect the ground water. If the Health Department finds bacteria in water, they can tell the homeowner, but they have no authority to condemn it. He could recall no cases with documented proof of illness caused by the water in that subdivision. The Chairman determined that no one else wished to be heard and thereupon closed the public hearing. Discussion ensued regarding the assessment and methods of payment for the water line. Commissioner Macht led discussion regarding the planned workshop on the urban service area and felt that the expansion of water service was related to that. He did not like forcing property owners to develop their properties in order to pay this assessment. He considered petitions for water service as a viable policy, except in cases where there is a health issue. Commissioner Tippin agreed, and thought we could find ways to provide utility service to those who want it without forcing others to pay for something they do not want or need. Commissioner Eggert agreed that water service should be discussed at the same time we discuss the urban service area expansion and the Comprehensive Plan. She also commented that it would be a public hearing so that the Board can make a decision at that time. 55 JUN 22 1993 BOOK F-- - I JUN 22 1993 BOOK 89 pnF 920 -1 Chairman Bird led discussion regarding the Phase III Water Expansion project and asked what portion of that project would be affected by an expansion of the urban service area. Director Pinto responded that it would not be a major change, but the costs must be recalculated. Chairman Bird led discussion regarding the differences in paving projects and water service projects, and why petition paving works while water service projects are not always feasible on the basis of petitions. Chairman Bird favored deleting the Cherry Lane area from this Phase III water project and refiguring the costs for the balance of the project. He thought we must provide water to the rest of the areas because of the undersized lots and for the protection of our environment as well as for future development of those areas. Director Pinto pointed out that we have four other phases of water expansion to build, and the engineering and design of those water lines is part of the assessment. If the Board intended to reduce the urban service area or to specify that areas like Cherry Lane will not receive water service, we should address that change. Chairman Bird explained that he did not propose that we reconfigure the urban service area to cover projects which are planned for the next year or two. Cherry Lane will remain in our 20 -year plan, but the Board should have the flexibility to decide whether it is in the priority category. ON MOTION by Commissioner Tippin, SECONDED by commissioner Eggert, the Board unanimously directed staf f to proceed with Phase III of the Water Main Expansion Growth Plan excluding Cherrywood Estates and Cherry Lane Manor, recalculate the costs and assessments, and schedule a public hearing on this project. (Resolution 93-108A adopted at meeting of 7/27/93 after clarification of Board's intent to do so) TOURIST TAX STATUS REPORT The Board reviewed memo from County Administrator Jim Chandler dated June 17, 1993: 56 TO: Board of County Commissioners I DATE: June 17, 1993 FILE: SUBJECT-. Tourist Tax Status Report FROM.-,.,,�a es E. Chandler . County Administrator REFERENCES: At the June 22 meeting a tourist tax status report will be presented including a draft ordinance, financing, and proposed meeting with the Vero Beach City Council. Acting City Manager Tom Nason advised that the City Council Is agreeable and would prefer a meeting before the end of June, with which county staff concurs. June 24 or 25 have been suggested, with the afternoon of 25 perhaps the convenient. The Board agreed to schedule the meeting on Thursday, June 24, 1993, at 9:00 a.m. in the First Floor Conference Room of the County Administration Building. COUNCIL ON AGING"S REQUEST FOR INSURANCE COVERAGE The Board reviewed memo from Community Development Director Bob Keating dated June 16, 1993: TO: James Chandler County Administrator FROM: Robert M. Keating, AICPkfAY1 Community Development Director DATE: June 16, 1993 SUBJECT: COUNCIL ON AGING'S REQUEST FOR INSURANCE COVERAGE It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of June 22, 1993. DESCRIPTION & CONDITIONS: Since 1990, the Board of County Commissioners has served as the Designated Official Planning Agency (DOPA) for transportation disadvantaged matters in Indian River County. With the formal creation of the Indian River County Metropolitan Planning Organization (MPO) in April, however,,. the role of DOPA will soon be taken by the MPO. 57 j I JUN 22 IqQl BOOK .89 Fk- 921 L� JUN 22 1993 BOOK 8 9 9 9 At this time, the Board is still the DOPA. As the DOPA,. the Board is responsible for overseeing and assisting the County's Community Transportation Coordinator (CTC).- Presently, the Indian River County Council on Aging (COA) serves as the County's CTC. The principal role of a CTC is to coordinate the provision of transportation disadvantaged services in its area. That involves brokering trips; in essence, connecting transportation disadvantaged clients with available seats. By so doing,, the Coordinator should produce a more efficient transportation disadvantaged system, with less duplication, fewer empty seats, and a lower per trip cost. In its effort to best utilize available resources, the Council On Aging has attempted to use several of the School District's busses for transportation disadvantaged trip purposes. In fact,, the Council On Aging has previously used school busses for transportation disadvantaged purposes. The COA's use of school busses ended, however,, when it was determined that there was inadequate insurance coverage for the busses, at those times that the busses are used by the COA. Because the Council On Aging could not obtain insurance coverage for School Board busses at a reasonable cost and because the School Board's insurance does not cover busses when used for transportation disadvantaged purposes, the Council On Aging is currently unable to use these busses to increase its transportation disadvantaged services. In an attempt to resolve this insurance issues the County's Risk Management Division has been working with both the Council On Aging and the School Board. Recently, Risk Management determined that the County can include the School Board on its excess insurances Based upon that determination, Tom Fritz of the Council On Aging has formally requested that the Board of County Commissioners provide insurance coverage for school busses used for transportation disadvantaged purposes. ANALYSIS To address the Council on Aging's request,, Risk Management and Community Development have done a cursory analysis and have identified some issues. Foremost among these issues is whether or not the County should provide insurance coverage under its program for the school busses. The second major issue is who should pay the cost (and assume the risk) associated with insuring the busses. 0 Benefits Before addressing the insurance issue, it is important to consider the benefits of using school busses for transportation disadvantaged purposes. According to the Council On Aging, these benefits would be a 15.9% increase in total yearly one-way passenger trips and a 6.5% increase in total yearly vehicle miles. Specifically,, the busses will be used to transport clients to congregate meal sites. Besides the enhanced service, there may also be a funding benefit in using the busses. Because total passenger trips and total vehicle miles are two factors in the state's formula for distributing transportation disadvantaged funds, the increase in trips and miles associated with school bus use could increase the Council on Aging's transportation disadvantaged grant funds. In fact, the projected increase in passenger trips and vehicle miles could provide sufficient additional transportation disadvantaged funds to compensate for the approximate $20,,000 shortfall in transportation disadvantaged revenue (for the Council On Aging) projected for the next year. 58 0 insurance According to the County's Risk Manager,, adding the School Board busses (for transportation disadvantaged purposes) to the County's coverage involves various costs - There are premium costs , and there are costs/risks associated with deductibles. These costs are associated with general liability and with physical damage. In premium costse adding two busses to the County's policies will raise the County's bill by $3,340 (see attached memo from Both Jordan). Even with the coverage provided by these policies, the County will still be responsible- for a $25,,000 deductible per accident for physical damage and up to the $200,000 per occurrence sovereign immunity limit for liability. Being self-insured, the County has an obligation to minimize risk and exposure. By covering the busses under the County's program, both risk and exposure would be increased. Besides the potential for a costly judgement,, the County would face the probability of frequent claims for minor accidents and injuries. As a result,, the County will incur the costs of paying the claims as well as the cost of processing the claims. Besides coverage under the County's self insurance program, there are two other options for insuring School Board busses. One option works only if the busses to be used have a capacity of sixteen persons or less. In that case, insurance could be purchased by the Council on Aging for only $1,,500. That alternative is not feasible,, however,, because the School Board does not have any busses as small as sixteen passenger size. The other alternative involves the Council On Aging getting insurance through the assigned risk pool. Though more expensive from a premium standpoint than inclusion in the County's self- insurance program ($6,000 for assigned risk pool insurance compared to $3,340 for Premiums associated with the County self-insurance program),, the assigned risk pool option does not involve the exposure that the County would have if the busses were insured under the County's self-insurance program. 0 Payment Whichever option is chosen, the question arises as to who should pay the cost. Last year,, the Council On Aging received $167,,878. from the County. Their budget request for next fiscal year is higher. If the County paid the school bus insurance cost by incorporating the school busses within the County's program at a cost of $3,340, or paying the $6,,000 assigned risk pool premium,, this would effectively increase the County's contribution to the Council On Aging. Because of the potential exposure involved with insuring the busses in the County's self-insurance program,, effective subsidy of that option would far exceed the $3,340 premium cost. In fact, the effective subsidy of the self-insurance option even exceeds the $6,000 cost of the assigned risk pool premium. 0 Conclusion Although a number of benefits would result from the County providing insurance for the COA's use of School Board busses,, the risk to the County is significant. That risk affects the County's self-insurance program. Because the County has opted to be self- insured, the County has assumed an obligation to minimize risk and exposure. 59 9 BOOK JUN 22 1993 JUN 22, BOOK, 89 r,�,UE924 -7 Based upon that consideration, it is staff's recommendation that the County not insure the busses. This recommendation reflects a consensus among Community Development, Risk Management, and the County Administrator. As to the assigned risk pool option, staff feels that that is the better alternative. Even with the higher premium cost, that option represents a more cost effective choice. RECOMMENDATION Staff recommends that the Board of County Commissioners deny the Council On Aging's request for the County to insure School Board busses for transportation disadvantaged use. Alternatively, staff recommends that the Council on Aging purchase insurance through the assigned risk pool. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously denied the request for the County to insure School Board busses for transportation disadvantaged use and recommended that the Council on Aging purchase insurance through the assigned risk pool,.as recommended by staff. Tom Fritz, Council on Aging director of transportation, spoke as a representative of the Community Transportation Coordinator and assured the Board that the funds which the County allocates to Transportation Disadvantaged also benefits transportation to the Veterans, ARC, Able Transport, All Florida, Yellow Cab of Sebastian and Indian River Yellow Cab. The money is not used for operating expenses but is used to obtain matching funds. He explained that the school busses are operated under a coordinating agreement with the School Board and those trips are counted and have a direct impact on the Grants for the Transportation Disadvantaged. APPROVAL OF ELECTRICAL MODIFICATIONS AND PANEL UPGRADE AT ROBART TOWER TRANSMITTER BUILDING The Board reviewed memo from Emergency Management Coordinator John King dated June 16, 1993: MM TO: James Chandler County Adminis ator THROUGH: Doug Wright', ector Emergency X men* Services FROM: John King, Emergency Management Coordinator Division of Emergency Management DATE: June 16, 1993 SUBJECT: Approval of Electrical Modifications and Panel Upgrade at Hobart Tower Transmitter Building It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Indian River County has a 4051 foot communications tower and transmitter building located at Hobart Park. The transmitter building houses 45 repeater -type radios. These transmitters include public safety radios, E-911 dispatching microwave circuits, County Department radios, and leased tower space transmitters. When the com=4�,ons site was first activated in 1985,, the construction budget only allowed for a single-phase electrical service for, the transmitter building. As the need for county co ' mmunications grew, the reserve electrical service at the site was used to meet the demand of additional radios. Now at maximum capacity, the electrical service panel has become trip -sensitive due to electrical fluctuations caused by area FP&L service customers. In recent weeks, county staff and communications technicians have made repeated emergency calls to the transmitter site to repair damaged radios and air conditioning systems caused by the electrical fluctuations. ALTERNATIVES AND ANALYSIS: Staff met with both licensed electricians and communication engineers to determine a solution. They recommended that the electrical feed at the remote site be changed to a commercial three-phase electrical service. Staff contacted the regional FP&L Operations Upgrade representative and requested information regarding the necessary modification costs. FP&L presently has three transmitters located at Hobart Tower and are willing to install the necessary electrical feeder lines at no cost to the County. Three electrical contractors submitted proposals to install a new 400 amp three-phase electrical service to replace the existing 200 amp single-phase service (see attached vendor sheet). Within their proposals, two contractors submitted two types of breaker panels --one type is consistent with the exiting "Square D" system and the second type is a cheaper non-standard unit. The bids/quotes were as follows with Option 1 being other brands and Option 2 being the Square D electrical panel. 61 BOOK Use, LAN 221993 89 n"1-5 JUN 22 1993 VENDO McCall Electric, Inc. Paragon Electric Indian River Electric OPTION 1 $2,747 $2,322 No quote BOOK 89 PAGF .926 OPTION 2 $3j, 737 $4,040 $4,400 Staf f met with the County Building and Grounds Department who recommended that the replacement electrical panel be the standard uSquare DO electrical service, which is the type of service panel and circuit breakers currently used. Funding for the electrical upgrade is available in the Communication/Emergency Service Account #107 of the General Fund. No additional funding is requested, but staff requests the Board approve a budget amendment to expend the funds. RECOHMNDATION: Staf f recommends the Board of County Commissioners approve the lowest most responsible bid to install Square D equipment as requested, which was submitted by McCall Electric, Inc., in the amount of $3737.00. McCall Electric has also agreed to coordinate the electrical transfer with FP&L in a manner that no interruption in communication service will occur at Hobart Tower. Staf f also recommends the Board authorize the necessary budget amendment to complete the electrical upgrade project. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously (4-0, Commissioner Adams being temporarily absent) directed OMB Director Baird to prepare a budget amendment in the amount of $3,737.00 to complete the electrical upgrade project, as recommended by staff. 62 APPROVAL OF AXENDMENT TO LICENSE AGREEMENT WITH SANDAD COMMUNICATIONS LIMITED PARTNERBRIP, 11, FOR TOWER BITE The Board reviewed memo from Emergency Services Director Doug Wright dated June 14, 1993: TO: Honorable Board of County Commissioners THROUGN: Jim Chandler, County Administrator FROM: Doug Wright, Director Emergency Services DATE: June 14,, 1993 SUBJECT: Approval of Amendment to License Agreement With Sandab Communications Limited Partnership, II, for Tower Site It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS: On March 17,. 1992,, Indian River County and Sandab Communications (WGYL/WTTB) entered into a license agreement for the use of county property at the South County Transfer Station for use as a radio tower site. Sandab Communications is requesting approval to extend the term of the license from sixteen (16) years to thirty (30) years from the date of license amendment. During the negotiations with Sandab Communications, staff sought and obtained a second antenna space on the existing tower. This was accomplished with the FCC spectrum refarming issue in mind wherein space for some 800 MHz communications equipment may be needed on this tower. Staff also negotiated annual increases for the site after the first five years of the license agreement. In the amended agreement, language was also included to the effect that Sandab Communications will be held harmless by the County for any and all costs that may be incurred to clean or remove any toxic or unacceptable waste that may have been deposited in the landfill prior to the construction of the WGYL tower. ALTERNATIVES AND ANALYSIS: The amended license agreement was prepared by the County Attorney's office and coordinated with the Utilities Department since the South County Transfer Station is adjacent to the communications tower. One antenna space is now being utilized by the Department of Emergency Services for a satellite receiver related to fire dispatch and response. The second space will be reserved for potential use in the future 800 MHz system if it is approved and implemented. ION: Staff recommends the Board approve the Amendment to License Agreement with Sandab Communications Limited Partnership, IIj for a tower site adjacent to the South County Transfer Station. 63 JUN 221993 BOOK 89 rku. 927 JUN' 22 f, F. I BOOK 89 F�1�11 928 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously (4-0, commissioner Adams being temporarily absent) approved the Amendment to License Agreement with Sandab Communications Limited Partnership, II, f or a tower site adjacent to the South County Transfer Station, as recommended by staff. SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD PAYMENT OF TRAVEL FOR A STATE EMPLOYEE The Board reviewed memo from OMB Director Joe Baird dated June 16, 1993: TO: Members of the Board of County Commissioners DATE: June 16, 1993 SLJBJECT. PAYMENT OF TRAVEL FOR A STATE EMPLOYEE OFFICE OF MANAGEMENT AND BUDGET FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS We have received the attached request to pay for a state employee, Sharon Puderer, Judicial Assistant, to attend a conference at the county's expense. Since the County is having more requests for state employees to travel utilizing county funds, we are bringing each request to the Board for approval on a case by case basis. Presently there is $321.00 budgeted in the Circuit Court travel account and $565.00 in the tuition and registration account. Ms. Puderer's travel cost is approximately $300.00 and the registration is $35.00. RECOMMENDATION Approve the travel request since there is sufficient funds budgeted. MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Adams to deny the request. Under discussion, OMB Director Baird explained that we have funds budgeted for state employees' travel. Staff presents these requests to the Board on a case by case basis to be sure the Board is aware of these expenditures. 64 County Attorney Charles vitunac advised that the County is required to pay the reasonable expenses of state employees, and Judge Kanarek certified that this is a reasonable request. Discussion ensued, and Chairman Bird recommended that travel for state employees be addressed at budget time. Commissioner Macht asked, and Director Baird responded that there are funds budgeted at this time for this purpose. COMMISSIONERS MACHT AND ADAMS WITHDREW THEIR MOTION AND SECOND ON MOTION by Commissioner Tippin, SECONDED by Commissioner Eggert, the Board unanimously approved the funds for travel expenses as requested by Circuit Judge Paul B. Kanarek, as recommended by staff. BID NO. 31-05 - REPLACEMENT OF 43RD AVENUE BRIDGE OVER INDIAN RIVER FARMS WATER CONTROL DISTRICT MAIN RELIEF CANAL The Board reviewed memo from Purchasing Manager Fran Boynton Powell dated June 15, 1993: TO: James E. Chandler County Administrator THROUGH: H.T. "Sonny" D n General ServicerDired or FROM: Fran Boynton PowelIN Purchasing Manager SUBJECT: Bid No. 31-05 Replacement of 43rd Avenue Bridge over IRFWCD Main Relief Canal - IRC Project #8940 DATE: June 15, 1993 0Y.Tfixt) &611JUMMS) 0 [OR Bid Opening Date: Specifications Obtained by: Replies: LjUN 22 1993 June 9, 1993 Fourteen (14) Vendors Six (6) Vendors 65 BOOK PA.11F. 999 JUN 22 1993 BOOK 89 PAGF 9.'30 7 BID TABULATION UNIT PRICE Alternate "A" Alternate "B" Traffic Maintained Road Closed Murphy Construction $795,682.80 $695,692.80 West Palm Beach, FL LeWare Construction $845,000.00 $710,000.00 Leesburg, FL Sheltra & Son Construction $874,901.03 $687,901.03 Indiantown, FL ZEP Construction $910,464.98 $890,630.09 Ft. Myers, FL PLC Civil Constructors $1,041,526.80 $885,526.80 Coral Springs, FL tewat Construction 1,401,721.95 $840,680.95 Tampa, FL 1 11 =AL "ount OF BID: $795,682.80 SOURCE OF RMSO Road & Bridge Account No. 111-214-541-066.3 l.and Road Improvement Fees. BUDGYMD ADWUNT: Account No. 111-214-541-066.31, $627,000.00, the balance -to be made up from Road Improvement Fees Fund. Staff recommends that bid be awarded to Murphy Construction, West Palm Beach, Fl. as the lowest, most responsive,- responsible bidder meeting specifications for construction of the 43rd Avenue/Main Canal bridge north of SR60 while traffic is being continuously maintained. The Contract Agreement is now being presented for approval and execution by the Chairman and attesting by the Clerk. We have had four (4) Contract Agreements executed in the original by the proposed contractor, Murphy Construction. Because this bid included alternatives and two different contractors were lowest on the separate alternatives staff has not required the prospective contractors to submit certificates of insurance, or performance bonds, which the contractor must pay a substantial sum for, until the Board chooses the alternative it wishes and executes the appropriate contract, thus assuring the contractor his bond expense will be for a valid contract. Staff will work closely with Risk Management and the Attorney's Office in getting those offices! approval of the insurance certificates and bonds prior to issuing the Notice to Proceed. This project was bid with alternates in order to determine the cost of maintaining traffic over 43rd Avenue. Sheltra & Son Construction, Indiantown, Fl. was lowest bid on building the bridge with 43rd Avenue closed, Sheltra's bid being $687,901.03. The increase in cost due to maintaining traffic while building the bridge is the difference between the Murphy bid and the Sheltra bid, or $107,781.77 increase in cost. The Board should bear in mind that the state is closing 27th Avenue while replacing the 27th Avenue bridge over the Main Canal. 66 Alternative No- 1. Staff recommends that the Board award the contract to Murphy Construction of West Palm Beach for Alternate A in the amount of $795,682.80 and direct the Chairman to execute the agreement on behalf of the Board of County Commissioners. Staff further recommends that the Board direct that all bonds, insurance certificates and other formalities as required by the terms of the contract and bid documents be submitted and approved by the appropriate staff departments responsible, including the Attorney's office prior to issuance of a Notice to Proceed by the Department of Public Works. Alternative No. 2 The Board award the contract to Sheltra and Son Construction, Indiantown, Fl. for Alternate B in the amount of $687,901.03 and direct the Chairman to execute the agreement on behalf of the Board of County Commissioners. The Board directs that all bonds, insurance certificates and other formalities as required by the terms of the contract and bid documents be submitted and approved by the appropriate staff departments responsible, including the Attorney's office, prior to issuance of a Notice to Proceed by the Department of Public Works. Discussion ensued regarding the length of time the bridge would be under construction. County Engineer Roger Cain advised that the schedule calls for a notice to proceed on July 9, 1993, with resumption of normal traffic by February 1, 1994, and final completion of all details by March 1, 1994. The Board reviewed the following letter: 51 L&O, & 05 C*LM gnv- P.O. BOX E JUNE 18, 1993 INDIANTOWN, FLORIDA 33456 597-3307 597-3180 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY 1840 25TH STREET * VERO BEACH, FL 32960 RE: 43RD AVENUE BRIDGE REPLACEMENT OVER THE IRFWCD MAIN RELIEF CANAL COUNTY PROJECT NO. 8940 Dear Sir: Prior to submitting a bid on the above project, I went to the pre-bid conference and explained that the power line on the east side of the existing bridge was in the way of the construction ofthe east section of the new bridge and that all of the material that had to be handled by the bridge crane would swing over the traffic lane and would require that the traffic be stopped while this material was being placed. This was answered in the addendum that the power would be interrupted for one week except in an -emergency. This did not solve the problem in any way. 67 BOOK r'31 L_JUN 22 1993 FF__ J U N 2 2 1993 PIAU 91,32 Also, in this meeting, I stated that the bridge as designed could not be constructed without closing the bridge to traffic and still meet the criteria of safety as required by the DOT and the county specifications. I was told to bid the project with the bridge left open, Alternate A to traffic and to bid the project with the bridge closed, Alternate B. I bid Alternate A with one way traffic. After the bids were opened, I sent a letter to the County Commissioners c/o Mr. Jim Davist Public Works Director. and stated that if I was awarded the job with the bridge closed, I was low on Alternate B, the bridge would be opened for uninterrupted traffic prior to December 24, 1993p and the job be completed by February 1, 1994 without changing any of the specifications or contract documents except therequired completion dates. I called Mr. Davis on June 14th and requested a meeting with him and the engineers on the project. The meeting was set for Wednesday June 16th,, 1993 at 11:00 a.m. On Tuesday June 15th, 1993 1 got a call from the design Engineers and he stated that'they would be at the June 16, meeting. At this meeting composed of Mr. Davis, Mr. Cain and myself the design engineers did not show up, and we were unable to get them on the phone. I told Mr. Davis & Mr. Cain, that the only way I could bid this job under Alternate A, leaving the bridge open to traffic was to have one-way traffic, as two way traffic could not be maintained and still meet the DOT requirements as called for in the plans & specifications. At this time both Mr.Davis & Mr. Cain stated -that since I was the only contractor that questioned the ability of the bridge being left opened and not meeting the DOT requirements that I must be wrong. There is a note on Sheet B-1 of the plans that the existing bridge bents were omitted in plan & elevations for clarity. If Mr. Davis Mr. Cain and the design engineer had taken the time and effort to super impose the existing brige on the proposed bridge in section they would have seen that the bridge as designed would not meet the criteria of the DOT ascalled for in the plans and specifications and they would have seen that I was not wrong. ' 1 Sheltra & Son was the low bidder on the project':�&S__called for in Alternate B (bridge being closed and traffic rerouted). If the plans or specifications are changed from the original bid to allow traffic over the bridge, then in all fairness to the County and Sheltra & Sont the project should be rebid, because all of this was pointed out,at the pre-bid conference and could have been corrected prior to the bid. I understand that the commission is going to award this bid on the regular meeting Tuesdayr June 22, 1993. 1 request permission to be present and answer any questions that may Sincerely yours, Z.H. OUTLAW 68 be asked. - E. H. Outlaw, representing Sheltra & Son Co., Inc., came before the Board and contended that the specifications were changed after the bid process began. He stated that he has done several major construction jobs for the County and was sure he could complete this bridge replacement under FDOT standards. He cautioned the Board that Murphy Construction's presentation does not follow FDOT standards, and that there is the possibility for accidents. Randy Cropp, representing Murphy Construction, assured the Board that the bridge will be open to two-way traffic during construction and it will be done within DOT Standards 19.25. Director Davis advised that design engineers Williams, Hatfield & Stoner feel that the bridge can be replaced safely while maintaining two-way traffic. He clarified that there have been two addenda to clarify the specifications but there were no changes. Mr. Cain was aware that Mr. Outlaw is concerned about the lane widths during construction, but he assured the Board that normal field adjustments can be made to assure the correct widths. Commissioner Eggert asked whether there might be problems if FDOT inspects the work during construction, and Mr. Davis explained that it is a County bridge so FDOT is not involved. The specifications refer to FDOT standards merely for convenience. ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously awarded the contract to Murphy Construction of West Palm Beach for replacement of the 43rd Avenue Bridge over Indian River Farms Water Control District Mairf Relief Canal for $795,682.80, as set out in Alternative No. 1 in staff's memorandum. CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD PERFORMANCE BOND IS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY AND COPY OF SAME IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD FINAL PAYMENT - INDIAN RIVER MOSQUITO CONTROL DISTRICT INDIAN RIVER BOULEVARD MITIGATION The Board reviewed memo from Capital Projects Manager Terry Thompson dated June 8, 1993: 69 BOOK PAGE AN 22 1993 JUN 22 1993 TO: James Chandler County Administrator TEEROUGH: James W. Davis, P.E.C-1\ Public Works Director FROM: Terry B. Thompson, P. E Capital Projects Manager SUBJECT: Final Payment Indian River Mosquito Control District Indian River Boulevard Mitigation (RIM Plan at Impoundment 22) DATE: June 8, 1993 DESCUP=Cff = C=M= 90 OK #J 89',,,F93,4 The Indian River Mosquito Control District (IRMCD) has completed construction of the pump station, culverts and bleed -down structures for implementation of a Rotational Impoundment Management Plan f or Impoundment 22. The IRMCD is requesting that the County release final payment (copy attached) in the amount of $7,,429.16 In accordance with the County's August 16, 1991 Agreement with the IRMCD, the IRMCD will be responsible for operation and maintenance costs associated with the completed system. �� - 4� *': � I � I I I P 0 i �, , P D :to)" I I kl " f� X P D � 14M Staf f recommends release of f inal payment to IRMCD in the amount of $7,429.16. Funding is from 309-214-541-066.51. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved release of final payment to Indian River Mosquito Control District in the amount of $7,429.16 for construction of structures for Rotational Impoundment Management Plan for Impoundment 22, as recommended by staff. COPY OF FINAL INVOICE IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD Joe Beidler, representing the Mosquito Control District, thanked the Board and County staff, especially Jim Davis and Terry Thompson, for the cooperation received in this environmental effort. He also mentioned other entities who gave assistance, and he looked forward to future cooperative ventures for environmental protection. 70 FINAL PAY REQUEST - WOOD HOLLOW WATER MAIN BID NO. 3079 The Board reviewed memo from Utility Services Director Terry Pinto dated June 10, 1993: DATE: JUNE 101 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINTO DIRECTOR OF UTILIT VICES STAFFED AND PREPARED BY: ROBERT 0. WISEMEN r P. E. ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES SUBJECT: FINAL PAY REQUEST WOOD HOLLOW WATER MAIN IRC PROJECT NO. UW -92 -37 -DS IRC BID NO. 3079 On April 6. 1993, the Indian River County Board of County Commissioners awarded the subject project to Treasure Coast Contracting of Vero Beach,, Florida, in the amount of $42,,399.20 (see attached agenda item). ANALYSIS: The original contract amount of the project was $42,399.20. Adjustments (which are reflected on the attached change order) were made during constructionj such as the reduction of 20 L.F. of 4" PVC driveway boring and changes in the number of services. The net adjustments amount to a reduction of $207.10, which reduces the final total contract amount to $42,,192.10. The final pay request, including the ten percent retainage of Payment No. 1,, is $4,,219.21. The Department of Utility Services recommends that the Board of County Commissioners approve the attached change order and final pay request to Treasure Coast Contracting, Inc. ON MOTION by Commissioner Macht, SECONDED by Commissioner Tippin, the Board unanimously approved the change order and final pay request in the amount of $4,219.21 to Treasure Coast Contracting, Inc., as recommended by staff. SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD 71 BOOK. 89 pAr n'.1 r JUN 22 1993 JUN 221993 BOOK 89� �,,"F 9"1 ti. - 6 7 WATER MAIN EXTENSION PROJECT CR510 AND 58TH AVENUE INTERSECTION, BID 93-113, WORK AUTHORIZATION NO. 14 The Board reviewed memo from Environmental Specialist Terry Drum dated June 14, 1993: DATE: JUNE 14, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PI 0 DIRECTOR OF UT 6IT ::i�ERVICES STAFFED AND PREPARED BY: TERRY H. DRUM ENVIRONMENTAL SPECIALIST DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER MAIN EXTENSION PROJECT COUNTY ROAD 510/58TH AVENUE INTERSECTION INDIAN RIVER COUNTY BID NO. 91-113 WORK AUTHORIZATION NO. 14 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 extend the existing 2411 water main within the south right-of-way line of County Road 510, a total approximate distance of 100 L.F. to the east side of 58th Avenue (Kings Highway). This action is to coordinate with the Public Works Department's proposed roadway improvement project at the C.R. 510 and 58th Avenue intersection. ANALYSIS: The project is comprised of the extension of approximately 40 L.F. of 24" and 60 L.F. of 20" ductile iron pipe water main. The water main is to be extended to the east side of 58th Avenue within the south right-of-way of County Road 510. The cost of the labor to construct the water main under the labor contract is $4,167.45 (see attached Work Authorization No. 14 with Driveways, Inc.). The pipe and fittings will be supplied by the County at a cost of $6,702.43. In-house engineering, inspection, administration costs, and contingencies are estimated to be $1,625.00. Funding for this project will be from impact fees. REC )N: The staff of the Department of Utility Services recommends that the Board of County Commissioners execute the subject agreement, which approves Work Authorization No. 14 to construct the subject project with Driveways, Inc., for the amount of $4,167.45 to extend an estimated 100 L.F. of water main and authorize expenditure of $8,327.43 for materials and in-house support, for a total project cost of $12,494.88. 11 ON MOTION by Commissioner Macht, SECONDED by commissioner Tippin, the Board unanimously approved Work Authorization No. 14 with Driveways, Inc., in the total amount of $12,494.88, as recommended by staf f . SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 72 GLENDALE LAKES WATER DISTRIBUTION SYSTEM CHANGE ORDER NO. I AND FINAL PAY REQUEST The Board reviewed memo from Utility Services Director Terry Pinto dated June 11, 1993: DATE: JUNE 111 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRA FROM: TER1WCE G. DIRECTOR OF STAFFED AND -- PREPARED BY: XO�D ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES SUBJECT: GLENDALE LAKES WATER DISTRIBUTION SYSTEM IRC PROJECT NO. UW -92 -11 -DS CHANGE ORDER NO. 1 AND FINAL PAY REQUEST BACKGROUND: Construction of the subject project has been completed, and the Department of Environmental Regulation clearance has been received. The contractor, Driveways,, Inc.,, of Titusville, is requesting final payment. ANALYSIS: On September 8. 1992, the Board of County Commissioners approved the subject project at a total cost of $176#219.75 (see attached); final project cost, including Change Order No. 1, is $141,560.16. On December 8,, 1992, construction of the project was awarded to Driveways, Inc., in the amount of $95,,649.25 (see attached); the total construction cost, including Change Order No. 1 " is $112,263.90. Description of Change Order No. 1, with justification, is attached. The contractor has been paid $82,630-48 to date. The staff of the Department of Utility Services recommends approval of the attached Change Order No. 1 and of the f inal pay request in the amount of $29,633.42 as payment in full for services rendered. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved Change Order No. 1 and final pay request to Driveways, Inc., in the total amount of $29,633.42, as recommended by staff. CHANGE ORDER IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 73 JUN 22 1993 BOOK 8 9 F !93 7 JUN 2 2 1991 J BOOK 89 PAF938 GLENDALE LAKES SUBDIVISION AND NEIGHBORING PROPERTIES WATER SERVICE, RESOLUTION IV AND FINAL ASSESSMENT The Board reviewed memo from Utility Services Director Terry Pinto dated June 4, 1993: DATE: JUNE 4, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTI T S ICES PREPARED JAMES D. CHAS AND STAFFED MANAGER OF PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: GLENDALE LAKES SUBDIVISION AND NEIGHBORING PROPERTIES WATER SERVICE INDIAN RIVER COUNTY PROJECT NO. UN -92 -11 -DS RESOLUTION IV - FINAL ASSESSMENT ROLL - BACKGROUND on September 8, 1992, the Indian River County Board of County commissioners approved Resolution III, No. 92-161 for the preliminary assessment roll on the above -referenced project. Construction of the project has been dompleted. We are now ready to begin customer connections and request the Board of County Commissioners' approval of the final assessment roll (see attached minutes and Resolution III). ANALYSIS The preliminary assessment was for a total estimated project cost of $176,219.75, which equated to $0.144073 per square foot of* property owned. The final assessment (see attached Resolution IV and the accompanying assessment roll) is in the amount of $141,560.16, which equates to a cost of $0.115818 per square foot of property. RECQMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the adoption of Resolution IV. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 93-108, certifying "as -built" costs for installation of a waterline extension to Glendale Lakes Subdivision and such other construction necessitated by such project, as recommended by staff. RESOLUTION 93-108, WITH ASSESSMENT ROLL ATTACHED IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 74 -1 RESOLUTION NO. 93-.108 A RESOLUTION OF INDIAN RIVER COUNTYl FLORIDA9 CERTIFYING "AS -BUILT" COSTS FOR INSTALLATION OF A WATERLINE EXTENSION TO GLENDALE LAKES SUBDIVISION9 AND SUCH OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATEs AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that the waterline improvements for the properties located in Glendale Lakes Subdivision (North of 8th Street to 10th Street) were necessary to promote the public welfare of the county; and WHEREAS, on Tuesday, September 8, 1992, the Board held a public hearing at which time and place the owners of property to be assessed appeared 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. 92-161, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in the attachment to that resolution; and WHEREAS, the Director of Utility Services has certified the actual "as -built" cost now that the project has been completed is less than in confirming Resolution No. 92-161, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF, COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Resolution No. 92-161 is modified as follows: The completion date for the referenced project and the last day that payment may be made avoiding interest and penalty charges is ninety days after passage of this resolution. 2. Payments bearing interest at the rate of 8% per annum may be, made in ten annual installments, the first to be made twelve months from the due date. The due date is ninety days after the passage of this resolution. 75 L_ J U N 2 2 19,93, BOOK 89 F,�GE939 FFP -JUN 22 1001 BOOK 89 FAGE 940 -1 3. The final assessment roll for the project listed in Resolution No. 92-161 shall be as shown on the attached Exhibit "A." 4. The assessments, as shown on the attached Exhibit "A," 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 on Exhibit "A," attached to Resolution No. 1 92-161,, were recorded by the County on the public records of Indian ..River County, and the lien. . shall remain prima facie evidence of its validity. The resolution was moved f9r adoption by Commissioner Tippin P and the motion was seconded by Commissioner Adams and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 2 2 day of June, 1993. Attest: Jeffrey K. BeAton, Clerk 13y'. udua� 06T �W. a (V� Attachment: ASSESSMENT ROLL - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Chairman 76 WATER PLANT CONTINUING CONSULTING SERVICES REQUEST FOR PROPOSALS The Board reviewed memo from Utility Services Director Terry Pinto dated June 7, 1993: DATE: JUNE 7, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINT DIRECTOR OF UTILITY SERVICES PREPARED WILLIAM F. McCA AND STAFFED CAPITAL PR INEER 0IRT, ITNE BY: DEPARTMENT 0 UT IT ERVICES SUBJECT: WATER PLANT CONTINUING CONSULTING SERVICES REQUEST FOR PROPOSALS (RFPs) During the month of March 1993, the Utilities Department solicited proposals (RFPs) for water plant continuing engine6ring consulting services. A standard list of consultants was mailed notification by the Purchasing Department, and advertisements were also run in a local newspaper as required by the Consultants Competitive Negotiation Act (CCNA) for engineering selection. As a result of our efforts, only one submittal was received and that was from our current consultant, Camp Dresser and McKee Inc. (CDM). The Utilities Department is satisfied with the past performance of CDN and is proposing to proceed directly with a contract for their services (see attached contract). The County Attorney's Office was questioned as to whether or not receiving only one submittal and proceeding would keep the County in compliance with all CCNA selection process requirements and was assured that it did. We have had CDX generate a contract for these services (see attached) based on our previous agreement with them. In the Work Authorization, we have set up for emergency and ongoing engineering services for the first year to be authorized on an item -by -item basis by the Board of County Commissioners. We negotiated a contract amount of $27,089.00 for quarterly report ing/ inspection and a final inspection and annual report; this is an upper limit amount for a period of 12 ionths. This contract will run for a period of two years with an option to renew for an additional two years with Commission approval. Funding for this work will be from engineering services and licenses and permits. The staff of the Department of Utility Services recommends that the Board of County Commissioners approve and execute the attached contract with CDM for water plant continuing consulting services. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board unanimously approved the contract with Camp, Dresser & McKee, Inc., for water plant continuing consulting services, recommended by staff. SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 77 as JUN ^4 21993 Bou 89 F, -JUN 22 1991, U %..d -7 BOOK 89 uu 949 CITIZENS FOR TOTAL ACCESSIBILITY OF INDIAN RIVER COUNTY The Board reviewed the following memo from Commissioner Eggert dated June 14, 1993: Telephone: (407) 5674MM To: From: Date: Re: Board of County Commissioners Suncorn Telephone: 224-1011 Carolyn K. Eggert, County commissioner UE June 14, 1993 Citizens For Total Accessibility of Indian River County As part of our ordinance for handicapped parking f ines, we designated a certain portion of the fee to go to educate the public about the ADA guidelines. Jeff Barton, Terry O'Brien, Joe Baird and I have met to review the process now that we have a few months experience and have tried to correct any processing weaknesses or questions by the judges. Money is slowly building up in this fund, and we would like to designate a locally recognized group to do that education work. Citizens For Total Accessibility of Indian River County, Inc. has been set up in a manner similar to Citizens For Barrier Free Community in St. Lucie County. Education and the handicap parking patrol are its main interest. Neil Duval is the president and they have a Board of local citizens. (See attachments.) The Internal Revenue Service has given them notice they will be treated as a publicly supported organization described in sections 509 (a) (1) and 170 (b) (1) (A) (vi) for an advance ruling period beginning February 18, 1993 and ending December 31, 1997. If they meet the requirement during this test period, they will then be designated as a 509(a)(1) or 509(a)(2) organization. Please approve Citizens For Total Accessibility of Indian River County, Inc. to be our official education organization for ADA guidelines and to work with the Sherif f I a Of f ice on a possible handicapped parking patrol, which can also be funded by handicapped parking fines. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved Citizens For Total Accessibility of Indian River County, Inc., to be our official education organization for Americans With Disabilities Act guidelines. 78 SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment the Board would reconvene sitting as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 1:55 P. M. ATTEST: S 2 ! �\)� � �') J. K-.--BA-rton, Clerk 79 L- JUN 22 )993 Ri6bard N. Bird, Chairman BOOK F. 9 4 3