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HomeMy WebLinkAbout2/27/1996� MINUTES"hTTACEILIJM BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, FEBRUARY 27, 1996 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street Vero Beach, Florida COUNTY COMMISSIONERS Fran B. Adams, Chairman (District 1) Carolyn K. Eggert, Vice Chairman (District 2) Richard N. Bird (District 5) Kenneth R Macht (District 3) John W. Tippin (District 4) 9:00 a.m. 1. CALL TO ORDER 2. INVOCATION James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams PAGE 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS 1. Add Item to -1, Status of meeting with the School Board regarding old courthouse complex. 2. Add Item 10-2, Report on utility bill payment plan. 3. Add Item 12, report on Cummings -Martin arbitration matter. 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF NUNUTES A. Regular Meeting of February 6,1996 B. Special Meeting of February 13, 1996 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: St. Johns River Water Mgmt. District Financial Audit of FY 199495 M. Awlamation in Recognition of Marcil % tint March 9, 1996 as Mentally Retarded and Handicapped Week in Indian River County C. Temporary Water Service Agreement - Indian River County & Manuela Boissat (memorandum dated February 7,1996) D. Misc. Budget Amendment 014 (memorandum dated February 19, 1996) 1 2-9 10-14 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE None 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Petition Sewer Service -129th street (between Old Dixie & Riverside Drive) Resolution III (memorandum dated February 14,1996) 15-21 2. Second Hearing for Ordinances Amending the Land Development Regulations (LDRs) (memorandum dated February 20, 1996) 22-47 B. PUBLIC DISCUSSION ITEMS None 10. COUNTY ADMUIUSTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development None B. Eme envy Services None C. General Services None D. Leisure Services None E. Office of Management and Budget None F. Personnel Siver Management Consultants Contract (backup will be provided separately) G. Public Works None H. Utilities Wetlands Fencing (memorandum dated February 15, 1996) 48-58 12. COUNTY ATTORNEY PAGE None 13. COMMISSIONERS ITEMS — A. Chairman Fran B. Adams B. Vice Chairman Carolyn K. Eggert C. Commissioner Richard N. Bird D. . Commissioner Kenneth R. Macht E. Commissioner John W. Tiepin 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District Extension & Renewal of Lease for Station #8 & #9 Seb. Vol. Fire Dept. & Rescue Squad, Inc. (memorandum dated February 15, 1996) 59-61 B. Solid Waste Disposal District None C. Environmental Control Board None 15. ADJOURNMENT ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE r�T ia�scSs i �u.b.''7"Y "st' "'^' '.d M M.. i :: is"wig r u r: r=u A .- A trrr�n �r+n ♦ s�rn�v,.� �n •rrn�+ • •• - -• I L -p A- • - ""I" s a ♦ t�1,.,.%M1 A l YYA 1\L+Vvl\iJ Vr IT HE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEBTING MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILIM ACT (ADA) COORDINATOR AT 567-8000 X408 AT LEAST 48 HOURS IN ADVANCE OF MEETING, Meeting broadcast live on. — - -TCI Cable Charnel 13 - rebroadcast 5: 00 p.m. Thursday through 5: 00 prL Friday + Falcon Cable Channel 35 - rebroadcast Fridav evenino INDEX TO MINUTES February 27, 1996 Board of County Commissioners Meeting ADDITIONS TO THE AGENDA . . . . . . . . . . . . . . . . . . . 2 Report on the status of the meeting with the School Board regarding the old courthouse complex . . . . 2 Report on the utility bill payment plan . . . . . . . . 2 Report on the Cummings -Martin Paving arbitration . . . . 2 APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . 2 CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . 3 A. Reports . . . . . . . . . . . . . . . . . . . . . . 3 B. Proclamation in Recognition of March 7 through March 9, 1996 as Mentally Retarded and Handicapped Week . . . . . . . . . . . . . . 3 C. Temporary Water Service Agreement - Manuela Boissat . . . . . . . . . . . . . . . . . . . 4 D. Miscellaneous Budget Amendment 014 . . . . . . . . 5 PETITION SEWER SERVICE - 129TH STREET (BETWEEN OLD DIXIE AND RIVERSIDE DRIVE) - RESOLUTION III . . . . . . . 6 SECOND HEARING FOR ORDINANCES AMENDING LAND DEVELOPMENT REGULATIONS . . . . . . . . . . . . . . . . 9 REPORT ON STATUS OF MEETING WITH SCHOOL BOARD REGARDING OLD COURTHOUSE COMPLEX AND UTILITY BILL PAYMENT PLAN . . . 28 SIVER MANAGEMENT CONSULTANTS CONTRACT . . . . . . . . . . . 30 WETLANDS FENCING - MARTIN FENCE CO . . . . . . . . . . . . . 30 REPORT ON ARBITRATION MATTER - JAMES A. CUMMINGS, INC. - MARTIN PAVING CO . . . . . . . . . . . . . . . . . . . . . 31 EMERGENCY SERVICES DISTRICT . . . . . . . . . . . . . . . . 32 1. Extension and Renewal of Lease - Stations #8 & 19 - Sebastian Volunteer Fire Department & Rescue Squad INDEX TO MINUTES February 27, 1996 Board of County Commissioners Meeting ADDITIONS TO THE AGENDA . . . . . . . . . . . . . . . . . . . 2 Report on the status of the meeting with the School Board regarding the old courthouse complex . . . . 2 Report on the utility bill payment plan . . . . . . . . 2 Report on the Cummings -Martin Paving arbitration . . . . 2 APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . 2 CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . 3 A. Reports . . . . . . . . . . . . . . . . . . . . . . 3 B. Proclamation in Recognition of March 7 through March 9, 1996 as Mentally Retarded and Handicapped Week . . . . . . . . . . . . . . . . . . . . . . . 3 C. Temporary Water Service Agreement - Manuela Boissat. . . . . . . . . . . . . . . . . . . . . . 4 D. Miscellaneous Budget Amendment 014 . . . . . . . . 5 PETITION SEWER SERVICE - 129TH STREET (BETWEEN OLD DIXIE AND RIVERSIDE DRIVE) - RESOLUTION III . . . . . . . 6 SECOND HEARING FOR ORDINANCES AMENDING LAND DEVELOPMENT REGULATIONS . . . . . . . . . . . . . . . . 9 REPORT ON STATUS OF MEETING WITH SCHOOL BOARD REGARDING OLD COURTHOUSE COMPLEX AND UTILITY BILL PAYMENT PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 SIVER MANAGEMENT CONSULTANTS CONTRACT . . . . . . . . . . . 30 WETLANDS FENCING - MARTIN FENCE CO . . . . . . . . . . . . . 30 REPORT ON ARBITRATION MATTER - JAMES A. CUMMINGS, INC. - MARTIN PAVING CO . . . . . . . . . . . . . . . . . . . . . 31 EMERGENCY SERVICES DISTRICT . . . . . . . . . . . . . . . . 32 1. Extension and Renewal of Lease - Stations #8 & #9 - Sebastian Volunteer Fire Department & Rescue Squad February 27, 1996 The Board of County Commissioners of Indian River County, Florida, met in Regular Session in County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, February 27, 1996, at 9:00 a.m. Present were Fran B. Adams, Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird; Kenneth R. Macht; and John W. Tippin. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and P. J. Jones, Deputy Clerk. Chairman Adams called the meeting to order and led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA County Administrator Chandler requested the addition of Item 10-1, a report on the status of the meeting with the School Board regarding the old courthouse complex. Commissioner Bird requested the addition of Item 10-2, a report on the utility bill payment plan. County Attorney Vitunac requested the addition of Item 12, a report on the Cummings -Martin Paving arbitration. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously added the above items to the Agenda. APPROVAL OF NENUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of February 6, 1996. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of February 6, 1996, as written. 1 BOOK 9 A GC 3 FEBRUARY 27, 1996 BOOK 97 Fp1r. The Chairman asked if there were any corrections or additions to the Minutes of the Special Meeting of February 13, 1996. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Special Meeting of February 13, 1996, as written. CONSENT AGENDA A. Reports Received and placed on file in the office of the Clerk to the Board: 1. St. Johns River Water Management District Financial Audit of FY 1994-95 B. Proclamation in Recognition of March 7 through March 9, 1996 as Mentally Retarded and Handicapped Week PROCLAMATION WHEREAS, the Knights of Columbus, Vero Beach Council 5629, will be conducting its annual Tootsie Roll Drive to help the handicapped and mentally retarded citizens on March 7 through March 9, 1996; and WHEREAS, the proceeds from the donations will be used by the Knights of Columbus for local programs and activities such as the mentally retarded workshop and special olympics program; and WHEREAS, on a nationwide basis, the Knights of Columbus Councils will be conducting similar events during the same time span; and WHEREAS, with the help of many friends and local organizations who have volunteered to assist the Knights of Columbus in this year's endeavor, it is anticipated that the proceeds generated will be far in excess of last year's total; and WHEREAS, it is altogether fitting and proper to officially recognize this worthy cause, and to help create a public awareness and appreciation for all those who will be "aproned and canistered" on March 7 through March 9, 1996 and most of all, for all those who will contribute what they can from their hearts and pockets to assist the mentally handicapped: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that March 7 through March 9, 1996 be officially observed as MENTALLY RETARDED AND HANDICAPPED WEEK K FEBRUARY 27, 1996 ~ ' I in Indian River County, and that special recognition be given to the dates of March 7 through March 9, 1996 in support of this worthwhile endeavor. day of February, 1996. - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA FRAN B. ADAMS, Chairman C. Temporary Water Service Agreement - Manuela Boissat The Board reviewed a Memorandum of February 7, 1996: DATE: FEBRUARY 7, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PI DIRECTOR OF UT ERVICES PREPARED JAMES D. CHAST� AND MANAGER OF ASS PROJECTS STAFFED BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: TEMPORARY WATER SERVICE AGREEMENT INDIAN RIVER COUNTY AND MANUELA BOISSAT (TR.) BACKGROUND Manuela Boissat has requested that temporary service be installed from the water line on Schumann Drive to service her property on 193 Day Drive, Sebastian, Florida 32958 prior to the installation of a water main on Day Drive. ANALYSIS The Agreement states that the Indian River County Department of Utility Services shall provide temporary water service to Ms. Manuela Boissat until such time that a water line may be constructed on Day Drive by assessment. She agrees to pay all fees required to make this connection. She further agrees to participate in the assessment and to reconnect to this water line as required by the Indian River County Department of Utility Services. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve the attached Agreement with Ms. Manuela Boissat on the Consent Agenda. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the Agreement with Manuela Boissat, as recommended by staff. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 3 BOOK 97 �t 419f FEBRUARY 27, 1996 BOOK 9FACr D. Miscellaneous Budget Amendment 014 The Board reviewed a Memorandum of February 19, 1996: TO: Members of the Board of County Commissioners DATE: February 19, 1996 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 014 CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS 1. The State of Florida, Department of Labor, has charged Indian River County for Unemployment Compensation payments to former employees. A budget amendment is required to reflect these payments. 2. The Board approved demolition of condemned structures on three parcels at the February 13, 1996 Board of County Commission meeting. This entry will allocate the funding. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment 014. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved Miscellaneous Budget Amendment 014, as recommended by staff. TO Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director BUDGET AMENDMENT: 014 DATE: February 19, 1996 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1 EXPENSE GENERAL FUND/Property Appraiser Unemployment Compensation 001-500-513-012.15 $1,000 GENERAL FUND/Supervisor of Elections 001-700-519-012.15 $17 GENERAL FUND/Reserve for Contingency 001-199-581-099.91 $1,017 TRANSPORTATION FUND/Road & Bridge Unemployment Compensation 111-214-541-012.15 $4 TRANSPORTATION FUND/ Reserve for Contingency 111-199-581-099.91 $4 UTILITY SERVICES/Water Dept/ Unemployment Compensation 471-219-536-012.15 $1,278 UTILITY SERVICES/General/ Unemployment Compensation 471-235-536-012.15 $2,011 UTILITY SERVICES/Water/Other Oper 471-219-536-035.29 $3,289 4 FEBRUARY 27, 1996 PETITION SEWER SERVICE - 129TH STREET BETWEEN OLD DIXIE AND RIVERSIDE DRIVE) --RESOLUTION III 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 N at, VeroBeachin Indian River County, Florida; that the attached copy of advertisement, being 3be �Boardd of Coun PJVW- / /6/� / PUBLIC a 1£ARM � n nVsdp1 Clmnr h 840 251th SM in the matter of :0 , • y �n�,4 e=��+ p e �IM411 AM In the Court, was pub - n ,L lished in said newspaper in the issues of Qt� �/ �t7 �/ C Afflant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper, vv�� / ribed betdre me'this A0 day ofr/� A.D. 19 k OTA R1:, cam= . My comm. Wires Jure 29.1997 % No. CCWW;2 cfl� 11F ,G, ,? (Business C9. 1997 Commissum NunY�er. Cf 3(x)5» Signed: Notary R4R!�q t^ � 11,1111810111101 of hd m ,f0'rM 9k"' .05 AM atice n at the retailing toaSPE 12901 5TEfFET.- BIId pmviding for ea9eSS- mertt liana fo be made of record an the properties W be served. W-Riiiid Peres may appear at the meethg end be heard with respect to the proposed �Pe� as sesanlent Myons who wants fD k0paa any iro. doamerrts may dD so at the Office of the Fbri� the Board 1840 251h Street, Vero Beadh, kwo who may wish to mfr be made at tits me wil need to ensue that a varbefim record of the plooeeaw is Irhede, tlleappealtsbased and evidence .upon which rt who needs a S - 900mirnOdetim .for with(ADA) Ordkayb irt 567 - am Ext. 40& at least 48 Wnt h advance of the FOL 9. 16, 1996 1277226 The Board reviewed a Memorandum of February 14, 1996: DATE: FEBRUARY 14, 1996 TO: JAMES E. CHANDLER 7 2 EXPENSE TERRANCE G. PINTO DIRECTOR OF UTILI RVICES PREPARED MSTU/Road & Bridge/Other Contractural Service 004-214-541-033.49 $21,500 BY: DEPARTMENT OF UTILITY SERVICES MSTU/Reserve for Contingency 004199-581-099.91 $21,500 PETITION SEWER SERVICE - 129TH STREET BETWEEN OLD DIXIE AND RIVERSIDE DRIVE) --RESOLUTION III 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 N at, VeroBeachin Indian River County, Florida; that the attached copy of advertisement, being 3be �Boardd of Coun PJVW- / /6/� / PUBLIC a 1£ARM � n nVsdp1 Clmnr h 840 251th SM in the matter of :0 , • y �n�,4 e=��+ p e �IM411 AM In the Court, was pub - n ,L lished in said newspaper in the issues of Qt� �/ �t7 �/ C Afflant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper, vv�� / ribed betdre me'this A0 day ofr/� A.D. 19 k OTA R1:, cam= . My comm. Wires Jure 29.1997 % No. CCWW;2 cfl� 11F ,G, ,? (Business C9. 1997 Commissum NunY�er. Cf 3(x)5» Signed: Notary R4R!�q t^ � 11,1111810111101 of hd m ,f0'rM 9k"' .05 AM atice n at the retailing toaSPE 12901 5TEfFET.- BIId pmviding for ea9eSS- mertt liana fo be made of record an the properties W be served. W-Riiiid Peres may appear at the meethg end be heard with respect to the proposed �Pe� as sesanlent Myons who wants fD k0paa any iro. doamerrts may dD so at the Office of the Fbri� the Board 1840 251h Street, Vero Beadh, kwo who may wish to mfr be made at tits me wil need to ensue that a varbefim record of the plooeeaw is Irhede, tlleappealtsbased and evidence .upon which rt who needs a S - 900mirnOdetim .for with(ADA) Ordkayb irt 567 - am Ext. 40& at least 48 Wnt h advance of the FOL 9. 16, 1996 1277226 The Board reviewed a Memorandum of February 14, 1996: DATE: FEBRUARY 14, 1996 TO: JAMES E. CHANDLER 7 COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILI RVICES PREPARED JAMES D. CHASTA AND STAFFED MANAGER OF ASSE PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: PETITION SEWER SERVICE - 129TH STREET (BETWEEN OLD DIXIE AND RIVERSIDE DRIVE) INDIAN RIVER COUNTY PROJECT NO. IIS -95 -08 -CS RESOLUTION III -- PUBLIC BEARING BACKGROIIND On February 6, 1996, the Indian River County Board of County Commissioners approved Resolution I (96-24) and Resolution II (96- 25). Resolution I contained.the preliminary assessment roll describing the project and cost. Resolution II set the date of the 5 FEBRUARY 27, 1996 BOOK 97 P'CE-399 BOOK 9'/ F-,, 0 public hearing for the subject project. Property owners have been notified of the public hearing by certified mail. Resolution I (96-24) was published in the Vero Beach PRESS JOURNAL on February 12, 1996. (See attached agenda item and minutes of the above meeting.) ANALYSIS Design of the sewer collection system is complete. An informational meeting was scheduled for the property' owners on February 15, 1996. The thirteen (13) properties which will benefit from sewer service are within a portion of Indian River Acres subdivision. The total estimated cost to be assessed is $26,810.10. The estimated cost per square -foot is $0.226780. Approval of the attached Resolution 111 will confirm and approve the preliminary assessment. The attached map displays the area to benefit from the assessment project. This project is to be paid through the assessment of the property owners along the proposed wastewater line route. In the interim, financing will be through the use of impact fee funds. RECOPKOMATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Resolution III, which affirms the preliminary assessment on the subject project. Manager of Assessment Projects James Chastain advised the Board that all of the property owners want this project and have also supplied 9 of the 12 needed signatures to proceed with the water project. The cost of the project is estimated at $26,810. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, she closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 96-31 confirming the special assessments in connection with a sewer line extension to 129th Street and providing for special assessment liens to be made of record. Public Hearing (Third Reso.) RESOLUTION NO. 96-31 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A SEWER LINE EXTENSION TO 129TH STREET AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 96-24, adopted February 6, 1996, determined to make special assessments against certain properties to be serviced by a sewer line extension to 129th Street; and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published in the Vero Beach Press Journal on February 12, 1996, as required by Section 206.04, Indian River County Code; and WHEREAS, the Board of Cbunty Commissioners of Indian River County passed Resolution No. 96-25 on February 6, 1996, which set a time and place for a public hearing at which the owners of the properties to be assessed and other R FEBRUARY 27, 1996 RESOLUTION 96-31 interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 206.07, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on Friday, February 9, 1996, and Friday, February 16, 1996 (twice one week apart; the last being at leastone week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, February 27, 1996, at 9:05 a.m. conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 3. The Board finds that the properties assessed by this resolution will receive special benefits equal to or greater than the cost of the assessment. 4. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner Bird ► and, upon eing put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin" Aye - The Chairman thereupon declared the resolution duly passed and adopted this 27th day of February, 1996. fr y K. Bar Clerk BOARD OF COUNTY COMMISSIONERS INDIAN— IARIVER COUNTY, FLORIDA ` By tJ�M YJ(161M� Fran B. Adams Chairman Attachment: ASSESSMENT ROLL (to be recorded on Public Records) BOOK 97 F,EE 91 FEBRUARY 27, 1996 SECOND HEARING FOR ORDINANCES AMENDING LAND DEVELOPMENT REGULATIONS P.O. Box 1268 Vero Beach, Florida 32961 562-2315 COUNTY OF INDIAN RIVER STATE OF FLORIDA 3ournaj Before the undersigned authority personally appeared J.J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a newspaper published at Vero Beach in Indian River County, Florida; that i ��ltlm�✓ end billed _0426-1/ ! g was published in said newspaper in the issue(s) Of l�� l97 �A) ,o ma /D- A Sworn to and subscribed before me this �N• day o'*49/0&A.D q � ms`s Business n ger - MY Comm. Expirea June 29, 1997 BARBARA C SPRAGUE, NOTARY PUBLIC, No. CC3OM72 Stoie d Anda, My Cormmnsu E:p June 29, 1597 0.CQ"wn n Number CC3oos72 •• F OF FLO • slue:'%�"�(w� ••,II,MpHP••,', Notary BARBARA G SPRAGUE FEBRUARY 27, 1996 BOOK W F,1GE 0 NOTICE OF PUBLIC HEARING NOTICE OF AMENDMENT TO LAND DEVEL- OPMENT REGULATIONS (IDRS) CHANGING THE LIST OF SPECIAL EXCEPTION USES WITHIN THE RFD, RS -1, RS -2, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10, AND ROSE -4 ZONING DISTRICTS. THE BOARD OP COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA PROPOSES TO ADOPT AN ORDI- NANCE AMENDING THE SPECIAL EXCEPTION USES AL- LOWED WITHIN THE RFD, RS -1, RS -2, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10, AND ROSE -4 ZONING DISTRICTS. THE PROPOSED AMENDMENT WOULD ALLOW CEMETERIES AS A SPECIAL EXCEPTION USE WITHIN THESE DISTRICTS, SUBJECT TO SPECIAL CRITERIA. A PUBLIC HEARING ON THE ORDINANCE AMENDING USES WITHIN THE RFD, RS -1, RS -2, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10, AND ROSE -4 ZONING DIS- TRICTS WILL BE HELD ON TUESDAY, FEBRUARY 27, 1996 AT 9:05 A.M. AT THE BOARD OF COUNTY COMMISSION- ERS CHAMBERS, 1840 25th STREET, VERO BEACH, FLOR- IDA. A COPY OF THE PROPOSED ORDINANCE WILL BE AVAILABLE FOR THE PUBLIC BEGINNING FEBRUARY 21, 1996, IN THE OFFICE OF THE CLERK TO THE BOARD OF COUNTY COMMISSIONERS IN THE COUNTY ADMINISTRA- TION BUILDING LOCATED AT 1840 25th STREET, VERO BEACH, FLORIDA. CITIZENS SHALL HAVE AN OPPORTUNITY TO BE HEARD AT THE PUBLIC HEARINGS. THE PROPOSED ORDINANCE, IF ADOPTED, WOULD BE EFFECTIVE IN THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY, AS DEPICTED ON THE LOCATION MAP SHOWN BELOW. 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 in- cludes testimony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Fran B. Adams, Chairman VERO BEACH PRESS -JOURNAL Published Daily Vero Beads, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a _ f `n1N� � m- in the matter of i ?V.l.c. in the lished in said newspaper in the issues of 73,_J- ' 3, I Iq q Court, was pub- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. -� qak ty anStLubaeribed beto�e Ahis day of `�..a Qr A.D. 19 q loess Manager) ' Jpr- - —_ ONres . R' BARBARA C. SPRAGUE, NrTARY PUBLIC, y U—-111 110 no 29,1997 COm *Ser Nurrd— cC30o572 • Notary BARBARA r, SPRAGIJE FEBRUARY 27, 1996 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Flor- ida shall hold a public hearing at which parties u1 in. latest and Citizens shall have an opportunity to be heard, In the County Commission Chambers of the Cour Administration Building located at 1840 25th Street, Vero Beach, Florida, on Tuesday. Fel, rusty 13, 1996 at 5:01 p.m., and again on Tuesday, February 27, 1996 at* 9:05 a.m to consider the adoption of an Ordnance entitled: AN ORDINANCE OF INDIAN RIVER COUN- TY, FLORIDA, AMENDING THE FOLLOW- ING CHAPTERS OF THE LAND DEVELOP- MENT REGULATIONS (LDRS): CHAPTER 901, DEFINITIONS; CHAPTER 902, AD- MINISTRATIVE MECHANISMS; CHAPTER 910, CONCURRENCY MANAGEMENT SYSTEM: CHAPTER 911. ZONING; - CHAP- TER 912. SINGLE FAMILY DEVELOP- MENT: CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER 914, SITE PLAN REVIEW AND APPROVAL PROCEDURES; CHAPTER 915, PLANNEDDEVELOP- MENT (P.D.) PROCESS AND STANDARDS FOR DEVELOPMENT; CHAPTER 930, STORMWATER MANAGEMENT AND FLOODPLAIN PROTECTION; CHAPTER 932, COASTAL MANAGEMENT; CHAP- TER 934, EXCAVATION AND MINING; CHAPTER 953, FAIRSHARE ROADWAY i IMPROVEMENTS; CHAPTER 954, OFF- STREET PARKING; CHAPTER 971. USES; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICA- TION, SEVERABILITY AND EFFECTIVE DATE. Said ordinance, If adopted, would be effecti+re in the unincorporated area of the city. . Topics retwinA to the amandimsnfs contained in the od"atxe irel, but are not mew to, �1. A�Uowing( o SULICh res to proto project fartherin 2. Arriending definition of ' from yard- to setback Impacts of w subdivision road ra� new way 1. 3. chxmistwxm trda which -ot. tray Is required with new sib ion ;t devef�r�nt 13). 4. Correcting a exlmWs error In a flood elevation regulation section (930)• 5. Allowing 1 torr rated tX#nmec ial vel*s to be kept in residential areas (911, 912). 6.allowances for inodental ito ccrlsbuc- I tion operations (934). 7. Correcting minor errors in subdivision, she plan, end off-street parking ordinance sections • (913, 914.: 964 lel ctunnges �n staff law (9. ,.r,. to pttral- 9. C opending mom s calculations for new 1plannedAd1prgects use (915). egories to - ft Impact Fee rate schedule (953). the Tref 11. Clarifying a concurrency review exemption for development orders that do not Increase density or intensity bf use (910). 12. Clarifying lot size and dimeeion exemptions for platted site pro�cts (913). 13. �temporary osog72). canstrloion traYers 14. staf-level approval of fish farm admdrf istrative permit uses (971). 15.ug a scrivener's aro in specific led use criteria (971). A copy of the proposed ordinance will be siva& able for ppublb inspection, begg, during�i nuning the afternoon at tie tf0 iceof ebruary7ofl 996the I to the Board of Courity Conrimissioners; in the lAd­ boated at 1840 25th Street, Beach, Aftinisilration BFlorr Anyone who may wish to appeal any decision whim May be made at this riveting will reed to amn that a verbatim record of the Poeedigs is nnade, whteaftony and evidence upon which to anaaal is ANYONE WHO NEEDS SPECIAL A000MMODA- TION FOR THIS MEETING MUST ACT COUNTY'S AMERICANS WITH DISABDISABILITIES� . (ADA) COORDINATOR AT 567.8000 X 223 AT' LEAST 48 HOURS IN ADVANCE OF THE MEET- ING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s -Fran B. Adams, Chairman Feb. 3. 1996 1275487 BOOK 9 7 PAGE 493 BOOK 07 1�E 404 The Board reviewed a Memorandum of February 20, 1996: TO: James E. Chandler County Admintatrator DON HEAD CONCURRENCE: I FM IF G R'dbert M. Keat ng, AICP Community Develop nt Djactor /J•/3. FROM: Stan Boling, AICP Planning Director DATE: February 20, 1996 SUBJECT: Second Hearing for Ordinances Amending the Land Development Regulations (LDRs) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 27, 1996. BACKGROUND: At its special meeting of February 13, 1996, the Board of County Commissioners reviewed and considered two draft ordinances ("Ordinance 1" and "Ordinance 211) containing various proposed LDR amendments. At that time, the Board directed staff to change only two sections of Ordinance 2. Both of those sections related to the parking of commercial vehicles in residential areas (see attachment #1). The Board also indicated that it intended to consider final' adoption of the ordinances at a public hearing scheduled for 9:05 a.m. on February 27, 1996. Staff has revised proposed Ordinance 2 based.uponthe direction given -by the Board. The Board is now to consider final action on both proposed ordinances (see attachment #2). ANALYSIS: At the February 13th meeting, staff presented its recommendation to prohibit specific types of commercial vehicles from being parked outside of enclosed structures in residential neighborhoods. The Board, after considerable discussion, opted not to follow the recommendation from staff or the recommendation from the Planning and Zoning Commission but directed staff to follow the PSAC's recommendation. That recommendation was to allow all commercial vehicles with a rated capacity of 1 (one) ton or less to be parked in residential areas. Such a change will loosen existing restrictions which currently allow only commercial vehicles with a rated capacity of 3/4 ton or less to be parked in residential areas. The result of the proposed change will allow more "box vans and other types of commercial vehicles to be parked in residential areas. Also, such a change will allow Mr. Manuel Silva, who has now addressed the Board twice on this issue, to park his 1 ton rated capacity box van outside of an enclosure, in his driveway at his residence. Staff has revised sections 18 and 19 of proposed Ordinance 2, based upon the Board's direction. All other sections of both ordinances remain unchanged. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Ordinance 1 and prdinanca 2. Planning Director Stan Boling stated that no changes have been made to the proposed Ordinance 1 as directed by the Board at the February 13, 1996 hearing. The Chairman opened the -public hearing and asked- if anyone wished to be heard in this matter. 10 FEBRUARY 27, 1996 �J II Gene Winne of 2096 Windward Way, representing The Civic Association of Vero Beach and Indian River County, Inc., delivered a letter regarding the Association's position as follows: 4DThe Civic Association of Vero Beach and Indian River County, Inc. P.O. Box 3381, Vero Beach, FL 329"M81 Founded - 1968 Ms. Fran Adams, Chair February 23, 1996 Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Chairman Adams, The Board of Directors of the Civic Association of Vero Beach and Indian River County has reviewed certain of the proposed 1996 LDR amendments and hereby submits the following recommendations. While we feel that Staff has done an excellent job on these LDR changes, we are very concerned about Section 21 of the Staff report entitled "Special Exceptions for Cemeteries in Residential Areas." We feel this proposed LDR amendment may be too broad and far-reaching in its implications. It would allow cemeteries as special exceptions in almost all County residential zones. One would expect that County residents would generally object to a cemetery within 100 feet of their properties. Although the special exception definition in Section 901.03 of the LDR is frequently difficult to interpret, we do not understand how a cemetery might ever meet the requirements therein defined for any adjacent neighborhood. We acknowledge further that the "Sand Ridge" preference for the most favorable cemetery locations will limit the sites suggested for this special exception. However, we do not favor broad provisions in LDR's on the excuse that there will not be many disputed cases. Such broad provisions could set precedents for future parallel actions on zoning amendments. We understand that no current project is behind Staffs proposal. Therefore, we recommend that this amendment be reconsidered by Staff. We feel that Indian River County's vast agricultural zones can readily provide enough sites for cemeteries as special exceptions in accordance with the existing LDR's. It could benefit the Community if the required distance from abutting property lines was increased from the proposed 100 feet to, say, 250 feet. Perhaps it could be useful in the future if new ordinances dealing with special exceptions (particularly those affecting residential zones) identified the key requirements for a new land use to be acceptable for various proposed sites. Sincerely, 4.1 OA OF DIRECTORS _ cc: James Chandler, County Administrator Board members /lp 'Dedicated To Preserving, Fostering, and Promoting the Beauty, Natural Resources and Good Government olVero Beach and Indian River County, Florida' Mr. Winne expressed his feeling that the revision of the ordinance is unnecessary as the present regulations provide for cemeteries as a special exception. He believed that should be sufficient for years to come without intrusion into residential areas and asked the Board to deny approval of the amended ordinance. FEBRUARY 27, 1996 L- li BOOK 97 fA UE405 BOOK 1 FAU Tom DeBerry of 4305 69th Street believed there is a place in residential areas for cemeteries and that the 100 foot setback would be very burdensome. Mr. DeBerry described a small cemetery on 5 acres in Winter Beach and, as an example, cited that a 100 foot setback in that case would only allow 1.37 acres of that 5 acres to be utilized. He believed the setbacks should be adjusted to a proportion of the size of the property but is in favor of cemeteries in residential areas when tastefully done and only when the necessity arises. The Chairman asked if anyone else wished to be heard in this matter. There being none, she closed the public hearing. Commissioner Eggert reminisced that she was brought up in a small town in Ohio where the cemetery and church were in the middle of the town. Commissioner Macht felt the Civic Association's comments were well taken. Commissioner Bird commented that the existing cemeteries eventually will be used up and the idea of having the ability to expand into residential areas was to create additional space on higher and drier ground which is where residential projects usually are located. Director Boling reminded the Board and the audience that a special exception requires public notice and hearings. The County has existing regulations dealing with buffers and other special criteria. In considering the proposed amendments staff looked at inquiries over the years about why only "stand-alone" cemeteries are allowed and discovered that other counties allow cemeteries in residential areas as a special exception with conditions. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bird, that the Board approve Ordinance 1 and Ordinance 2 as submitted by staff. Commissioner Macht stated that he could not support that portion of proposed Ordinance 2 regarding commercial vehicle parking in residential areas and asked that the vote on the ordinances be split. COMMISSIONER EGGERT WITHDREW THE MOTION. FEBRUARY 27, 1996 12 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Ordinance 96-05 Amending the following Chapters of the Land Development Regulations (LDRS) to allow cemeteries as a special exception use in the RFD, RS -1, RS -2, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM - 8, RM -10, and ROSE -4 zoning districts; Chapter 911, Zoning; Chapter 971, Regulations for Specific Land Use Criteria; and providing for repeal of conflicting provisions, codification, severability and effective date. O RD = NANC E 1 ORDINANCE NO. 96 - fir_ AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS) TO ALLOW CEMETERIES AS A SPECIAL EXCEPTION USE IN THE RFD, RS -1, RS -2, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10, AND ROSE -4 ZONING DISTRICTS: CHAPTER 911, ZONING; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. Be it ordained by the Board of County Commissioners of Indian River County, Florida that the Indian River County .code sections be amended as follows: 1. Allowing cemeteries as a special exception use in residential areas. A. Amend a portion of the use table of section 911.06 (4) , as follows: A-1 A-2 A-3 RFD RS -1 Cemeteries S S S S S B. Amend a portion of the use table of section 911.07(4), as follows: Institutional RS -2 RS -3 RS -6 RT -6 Cemeteries S S S S C. Amend a portion of the use table of section 911.08(4), as follows: Institutional RM -3 RM -4 RM -6 RM -8 RM -10 Cemeteries S S S S S D. Amend a portion of the use table of section 911.13(3)(c), as follows: Public Services Uses ROSE -4 Cemeteries S E. Amend the specific land use criteria of section 971.28(8), as follows: 13 FEBRUARY 27, 1996 BOOK 97 -,�I-Jr 0 7 BOOK 97 c-,w,AOS ORDINANCE 96-05 (8) Cemeteries (special exception). (a) Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1, A-2, A-3. (b) Criteria for cemeteries: 1. No areas used for burial, including buildings such as mausoleums and columbariums, shall be located closer than one hundred (100) feet to any property line abutting a residential use or a residentially designated property, or closer than fifty (50) feet to any property not designated or used residentially. 2. A Type "C" buffer shall be provided along all property boundaries where burial sites are located adjacent to any residentially designated property. A Type "D" buffer shall be provided along all other property boundaries not residentially designated. a. The board of county commissioners may waive or reduce the buffer requirements where the cemetery is located next to an existing cemetery, place of worship, child care facility, adult care facility, community center, or school. Consideration shall be given to security, noise, and visual impacts. Where a waiver or buffer reduction is granted, normal perimeter landscaping requirements shall apply, and alternative requirements (such as fencing) may be required. 3. The applicant must demonstrate compliance with all applicable requirements from the department of health and rehabilitative services and other jurisdictional agencies. 4. Crematoriums shall not be allowed as accessory uses to cemeteries, and are allowed only in the zoning districts where such a use is specifically allowed (reference Chapter 911). 5. The cemetery site shall be accessed from a Thoroughfare Plan Road, unless otherwise approved by the public works department. 6. The site plan for the cemetery shall indicate Eh—at the internal driveway design accommodates the on site queuing of 20 or more automobiles. 7. The applicant shall submit certification from a professional engineer that the site's groundwater characteristics will adequately accommodate normal burial -related structures. 2. REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. FEBRUARY 27, 1996 14 M M ORDINANCE 96-05 3. CODIFICATION The provisions of this ordinance shall be incorporated into the County 'Code and the word "Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. 4. SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. 5. EFFECTIVE DATE The provisions of this ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 77th day of Fah_ r_ar�V 1996. This ordinance was advertised in the Vero Beach Press -Journal on the 5th day of February , 1996, and on the 19th day of February , 1996, for public hearings to be held-6n—the 13th day of February , 1996, and on the 27th day of _February , 1996 at which time at the final hearing it was moved for adoption by Commissioner Eagert , seconded by Commissioner R;rd and adopted by the following vote; Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner John W. Tippin Aye Commissioner Richard N. Bird Aye Commissioner Kenneth R. Macht Ave BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By dA ( Ze,7 Fran B. Adams, Chairman ATTEST BY: �, pf f e*y X. rton, lerk Acknowledgement by the Department of Stareof the Stat of F da this day of 1996. , Effective Date: Filed with the Department of State on the day of 1996. --- APPROVED AS TO LEGAL FORM APPROVED AS TO PLANNING MATTERS William G. Collins II Deputy County Attorney�2u ` Obert M. Keat ng, ICP Community Developm nt Di ector Coding: Words in 100=11111type are deletions from existing law. - Words underlined are additions. 15 900K � � F'AuE ��9 FEBRUARY 27, 1996 BOOK 97 F-aE 410 Planning Director Stan Boling reviewed the changes to proposed Ordinance 2 as directed by the Board at the February 13, 1996 hearing. Only Sections 18 and 19 of the proposed Ordinance have been revised to follow the Professional Service Advisory Committee's recommendation to allow all commercial vehicles with a rated capacity of 1 (one) ton of less to be parked in residential areas, and providing an exception for "on-call" emergency service tow trucks. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, she closed the public hearing. Commissioner Macht stated that he is opposed to the section of this ordinance that allows commercial vehicles to park in residential areas and felt that there are many residential individuals who will be impacted by having large, ungainly vehicles parked in their neighborhoods. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board, by a 4-1 vote (Commissioner Macht opposed) adopted Ordinance 96-06 Amending the Following Chapters of the Land Development Regulations (LDRS): Chapter 901, Definitions; Chapter 902, Administrative Mechanisms; Chapter 910, Concurrency Management System; Chapter 911, Zoning; Chapter 912, Single Family Development; Chapter 913, Subdivisions and Plats; Chapter 914, Site Plan Review and Approval Procedures; Chapter 9151 Planned Development (P.D.) Process and Standards for Development; Chapter 930, Stormwater Management; Chapter 934, Excavation and Mining; Chapter 953, Fairshare Roadway Improvements; Chapter 954, Off -Street Parking; Chapter 971, Regulations for Specific Land Use Criteria; Chapter 972; Temporary Uses; and Providing for Repeal of Conflicting Provisions, Codification, Severability and Effective Date. FEBRUARY 27, 1996 16 ORDINANCE 96-06 ORDINANCE 2 ORDINANCE NO. 96- 6 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 901, DEFINITIONS; CHAPTER 902, ADMINISTRATIVE MECHANISMS; CHAPTER 910, CONCURRENCY MANAGEMENT SYSTEM; CHAPTER 911, ZONING; CHAPTER 912, SINGLE FAMILY DEVELOPMENT; CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER 914, SITE PLAN REVIEW AND APPROVAL PROCEDURES; CHAPTER 915, PLANNED DEVELOPMENT (P.D.) PROCESS AND STANDARDS FOR DEVELOPMENT; CHAPTER 930, STORMWATER MANAGEMENT; CHAPTER 934, EXCAVATION AND MINING; CHAPTER 953, FAIRSHARE ROADWAY IMPROVEMENTS; CHAPTER 954, OFF-STREET PARKING; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA; CHAPTER 972, TEMPORARY USES; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. Be it ordained by the Board of County Commissioners of Indian River County, Florida that the Indian River County land development regulations (LDRs) be amended as follows: I. Yards fronting subdivision road rights-of-way with buffers. Amend the definition of "Yard, front" as found in section 901.03 of the Definitions chapter of the land development regulations, as follows: "Yard, front: on interior lots the yard being the minimum horizontal distance between the structure and the street right-of- way. On multi -frontage lots (including corner lots) all yards which abut a street right-of-way are considered front yardsl, with the following exception: On double frontage lots having frontage on opposite sides of the lot or parcel, the yard abutting the street with the lower functional classification as depicted on the county's thoroughfare plan map shall be the front yard. If both streets have the same functional classification, the yard adjacent to the front lot line having the shortest dimension shall be the front yard." 2. Subdivision road right-of-way buffering. Amend section 913.09(c)l. of the Subdivision and Platting chapter of the land development regulations, as follows: (C) Relation to existing streets. 1. Adjoining areas. The pattern of streets in new subdivisions shall provide for the continuation of existing streets from adjoining areas, or for their proper projection where adioinina land is not suhrii. irto.4 3. Correcting scrivener's error: subdivision cul-de-sac standard. Amend subdivision and platting ordinance section 913.09(3)(D)2. as follows: 2. All cul-de-sacs shall terminate with a circular right-of- way having a minimum outside diameter of one hundred (100) feet and a pavementdiameter of no less than S eventy-five (75) feet . If closed drainage is constructed, the right-of-way may be reduced to _ eighty-eight (88) feet (see figure). 17 BOOK 97 mu 411 FEBRUARY 27, 1996 Box '1 412 ORDINANCE 96-06 4. Correcting scrivener's error: subdivision bonding -out procedure. Amend subdivision and platting ordinance section 913.11(4)(B) as follows: (B) Reduction in the amount of surety required, other than a final draw or reduction, may be authorized by the public works director after completion of any distinct and separable phase or portion of the required improvements. The amount of any given reduction shall not exceed eighty (80) percent of the cost of the completed work, as determined by the public works director following review of a cost estimate for said work prepared and certified by the developer's engineer. A reduction in construction security shall not be construed as acceptance of the • • • Formal acceptance shall occur as provided elsewhere in this chapter, and only upon establishment of proper maintenance security, where required. 5. Correcting scrivener's error: paragraph numbering. Amend the introductory sentence of site plan ordinance section 914.14(12): (12) The following information is required to be noted or graphically depicted on all site plans: 6. Correcting scrivener's error: AASHTO standards for parking lot construction. Amend off-street parking ordinance section 954.10(1)(b) as follows: (b) A six -inch -thick limerock or cemented coquina base compacted to a ninety-eight (98) percent maximum density (using AASHTO T-180) or a six -inch -thick soil -cement base having a minimum seven-day compressive strength of three hundred (300) psi and compacted to ninety-eight (98) percent maximum density (using AASHTO T- 180). 7. Correcting scrivener's error: driveway construction standard reference. Amend off-street parking ordinance section 954.10(5) as follows: (5) Driveway aprons constructed in the county right-of-way, where a paved county road exists and connects developments proposed for site plan approval, shall be of the flexible pavement or rigid pavement design, as specified in section • 954.10(1) and (2) above, and shall be constructed only after receipt of an: Indian River County Department of Public Works permit. 8. Update on rezoning published notice requirement. Amend administrative mechanisms section 902.12(4)(b)1 as follows: 1. Published notice requirement. The community development department shall publish the material contents of the application, together with a map indicating the area proposed to be rezoned, (map required only for rezoning requests and land development regulations amendment requests where state regulations require the publishin of a map), at least ten (10) days - • • • - • • • prior to the county planning and zoning commission's public hearing on the application, unless Florida Statutes mandate different notice requirements. 9. Clarification of planned development open space credit for private yards. Amend planned development ordinance section 915.18(3)(B) as follows: (B) Common green areas and private yard green areas; one hundred (100) percent of the common area shall be creditable towards open space. 10. Concurrency review exemption for requests that would not increase land use intensity. Amend concurrency management ordinance section 9.0.07(2) as follows: FEBRUARY 27, 1996 18 M M M ORDINANCE 96-06 (2) The following are exempted from concurrency review: (a) Projects which have a vested rights determination pursuant to section 910.03; (b) Existing nonresidential buildings to be modified, altered, or repaired unless the modification will increase square footage and increase the intensity of use. Where existing projects (residential or nonresidential) seek expansion which will increase the number of dwelling units or square footage for nonresidential projects, only the net increase or expansion shall be subject to concurrency review; (c) Vested final subdivision plats to be modified unless modification creates additional lots; (d) Developments with a final development order proceeding to completion; (e) Replacement of existing residential units unless there is an increase in number of units • and Any development orders, including land use amendments and rezoning applications, which do not increase density or intensity of use. 11. Correcting scrivener's error: subdivision ordinance reference. Amend subdivision and platting ordinance section 913.06(1)(B) as follows: (1) Unlawful activity. It shall be unlawful and subject to the penalties provided herein for any person to... (B) Divide property by any means for the purpose of sale or transfer of title unless each of the resulting parcels has at least the minimum area and width requirements prescribed by the zoning regulations and land use plan of Indian River County as applied to the lots. created, unless exempt under sections 913.06(2)e or 913.09(6). 12. Elaboration of exemptions from normal subdivision standards for projects site planned and platted. Amend subdivision and platting ordinance section 913.09(6) as follows: (6) Lots. Except where site plan approved projects are platted -over, lots shall conform to size and dimension requirements, as well as shape and access requirements as specified below. For site plan approved projects that'are being platted -over, the approved site plan shall govern access/frontage requirementst ® setbackst and the location and dimensions of all structures and required project improvements . Residential lots in site plannedplat- over projects . .- . . . . shall include only the area of dwelling units and immediately adjacent improved living areas (e.g. porches, courtyards, driveways, and other impervious areas). Nonresidential lots on site planned plat- e 13. Allowing larger temporary construction trailers on single family construction sites. Amend temporary uses ordinance section 972.08(3)(d) as follows: (d) No watchman's quarters trailers, and no construction storage facility or construction trailers exceeding one hundred (100) square feet in area mal► be allowed la the RFD, RS -1, RS -2, RS -3, RS -6, or RT -6 zoning districts or within a single-family subdivision development, with the followine axrantinnn- Construction trailers allowed in section 972.08(2) for site plan, planned development, and subdivision projects. No size limitation applies to such trailers. 19 FEBRUARY 27, 1996 Boa 97 Fx,c- 413 BOOK W F'"G;.414 ORDINANCE 96-06 u Construction trailers of up to 300 square feet in area for a single family residence involving building area of more than 6,000 square feet 14. Allowing fish farm uses to be approved at a staff level. Amend regulations for specific land uses ordinance section 971.08(6) as follows: (6) Fish farms (administrative permit: no planning and zoning commission review or approval required if associated with a site plan reviewed as an administrative approval or minor site Plan). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1, A-2, A-3. (b) Criteria for fish farms: 1. No -processing shall be allowed on-site; 2. Certification from state agencies must be obtained for all exotic species; 3. A fifty -foot setback is required where property abuts residentially designated property. 15. Correcting scrivener's error: veterinary clinics allowed in CL district. Amend regulations for specific land uses ordinance section 971.14(2) as follows: (2) Veterinary clinic or animal hospital (administrative permit). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1, A-2, A-3, CL, CG, CH. (b) Additional information requirements: 1. A statement from the applicant indicating the types of animals to be cared for and the nature of all on-site facilities shall be submitted; 2. A site plan, pursuant to the requirements of Chapter 914. (c) Criteria for veterinary clinic or animal hospital: 1. All facilities shall be located in an enclosed structure; 2. Commercial boarding of animals may be allowed only as an accessory use and only within a totally enclosed structure; 3. All buildings shall be soundproofed in such a manner that adequately mitigates and/or attenuates noise impacts on adjacent properties. 16. TIF schedule update and elaboration. Amend the "Fee Schedule for New Land Development Activity" chart of the fairshare roadway improvements chapter (953) of the land development regulations, as follows: gle-Family ( r unit) r.7; 1,450 11,355 1,113 11,000 11,513 11,211 587 860 11.110 Accessory Single -Family ( r unit) 835 780 640 576 871 697 338 495 639 Multi-Family/Condominium/ Efficiency Apt (per unit) 835 780 640 576 871 697 338 495 639 Mobile Home (per unit) 781 730 1 599 539 815 652 316 463 1 598 Hotel ( r bedroom) 1,276 1,192 1 979 880 1,331 1,065 516 756 976 Motel (per bedroom) 1,494 1,396 1,146 1,031 1,559 1,243 605 886 1,143 Nursing Home (per bed) �. 422 395 1 324 291 441 353 171 250 323 AMF (per unit) 312 292 240 215 326 261 126 185 239 FEBRUARY 27, 1996 20 �J M ORDINANCE 96-06 ICH AND FIRANCIAL: 12,756 ISI. IST. IX 1,059 1 952 II 1,153 559 818 1,056 Medical Office/Clinic/Veterinary 369 ,576 ,115 1,901 2,876 2,301 1,115 1,634 2,109 Clinic (per 1,000 gsf) 336 312 256 230 348 278 135 198 255 Hank/Financial Off. (per 1,000 6,310 ,895 ,841 4,352 6,583 5,268 ,553 3,740 4,826 eL) 137 128 IDS 96 163 114 55 81 105 Bank/FLnancial Off. (W/drive in) 9,670 ,036 ,418 6,669 10,088 8,074 3,912 5,732 ,399 (Per 1,000 f 591 552 453 608 611 493 239 350 452 ® General Office 0 to 9,999 1,968 T1,.31 1,509 1,357 2,053 1,643 796 1,166 1,506 gsf per 1,000 9ef) 1,743 1,628 1,337 1,202 1,818 1,455 705 1,033 1,333 ® General Office 10,000 gai 1,316 1,229 1,009 907 1,373 1,099 532 780 1,007 and over (per 1,000 gsf) ,110 ,733 1,558 2,356 1,866 914 1,339 1,728 200,000 and over jMr 1,000 sf INDUS RIU: ,398 1,969 1,770 2,677 2,143 1,038 1,521 1,964 Gas Station r fuel Warehouse (per 1,000 9f) 336 312 256 230 348 278 135 198 255 Mini -Warehouse (per 1,000 gsf) 334 312 256 230 348 1 278 135 198 ISS USE TYPE (UNIT) IST. I IST. II IST. III IST. IVDIST. V IST. VI IST. VII ISI. IST. IX 1,059 1 952 II • Vehicle Storage ( r acre) 1,381 1,290 1,059 1 952 1,440 1,153 559 818 1,056 General Industrial (par 1,000 gsf) 369 345 283 255 385 308 149 219 282 • Automotive Re it r 1,000 f 336 312 256 230 348 278 135 198 255 Concrete Plant r acre 1,066 996 file 735 1,112 890 631 632 816 Sand Mine (per acre) 137 128 IDS 96 163 114 55 81 105 • Contractor Trades Multi -Tenant (per 1,000 f 2,213 ,068 1,698 1,526 2,309 1,848 995 1,312 1,694 Contractor Trades Single -Tenant (per 1,000 f) 591 552 453 608 611 493 239 350 452 0 to 9,999 gaf z 1,000 of 3,061 ,860 1,348 12,111 13,193 2,556 1,238 1,814 1,342 10,000 to 49,999 get (per 1,000 ef) 1,743 1,628 1,337 1,202 1,818 1,455 705 1,033 1,333 50,000 to 99,999 gsf (par 1,000 of ,023 1,891 1,552 1,395 2,111 1,689 819 11199 1,546 100, ODO to 199,999 gel (per 1,000 2,258 gef) ,110 ,733 1,558 2,356 1,866 914 1,339 1,728 200,000 and over jMr 1,000 sf 2,566 ,398 1,969 1,770 2,677 2,143 1,038 1,521 1,964 Gas Station r fuel 2,447 ,287 1,877 1,688 2,553 ,043 1 990 1,451 1,873 Used Car Sales r acre) 5,010 6,682 3,fi44 3,658 5,227 4,183 2,027 2,970 3,836 Restaurant (per 1,000 9f) 3,697 3,456 ,636 2,550 3,856 3,086 1,496 2,191 ,829 FastFood Restaurant (per 1,000 sf 5,226 4,883 ,009 3,604 5,452 4,363 ,114 3,098 3,999 Convenience Store (per 1,000 L) 7,286 ,809 ,590 5,026 7,602 6,094 ,948 ,319 5,575 • Car Wash (M stall) 1,9871,857 1,525 1,371 2,073 1,659 806 1,178 1,521 OIWLs Golf Course (per s e) 626 585 481 432 653 523 253 371 479 Healtd i Fitness Clu1,509 z 1,000g8f) i 1,410 1,158 I 1,041 1,574 1,260 610 I 694 1,155 County Park r MrkWP.) 199 186 153 131 208 166 61 lie 153 • Tennis Courtr court) 2,491 ,328 1,911 1,729 2,599 2,090 1,009 1,477 1,906 • Marina (gff boat berth) 158 147 121 109 165 132 66 93 121 • Club House (including avi®ing pools, tennis courts, etc.)(per kin space) 503 470 386 347 525 420 204 298 385 • Movie Theater W/O Matinee (per 1,000 sf 5,275 a 4,814 [4,328 6,547 5,239 2,539 3,7206,802 • Movie Theater W/Matines (per screen) 12,369 11,558 ,489 8,531 12,904 10,327 ,004 7,332 ,465 • Live Toaster (per 1,000 sf) 599 1 360 1 460 1 413 625 S00 1 242 t 355 1 459 21 BOOK 97 FA PE 415 FEBRUARY 27, 1996 J Boa 97 FA)[ 419 ORDINANCE 96-06 "� �w' ' •'1 �, eau ,691 ,209 1,986 3,006 2,405 1,165 1,707 2,200 Libre (per 1,000 gef) 3,630 3,392 ,784 2,506 3,787 3,031 I,d69 2,152 2,778 Government Office (per 5,556,196 ,264 3,834 5,799 6,641 2,249 3,295 4,253 1,000 g8f) 1 15 1 1 1 I'll USE TfPE (UNIT) I p18T. II WsT. II1bin. ry fDIsT. v vI JOIST. VIIJDIST. (DIST. Lx bed) -- .� •..-.. 98 91 74 67 102 81 39 58 7S Care Center (per 1,000 ff 313 161 1774 1,595 2,413 1,931 936 1,371 1,770 Nos ital ( r 1,000 gef) 702 BS6 539 484 733 166 284 416 337 Church 1,000 af) 599 560 460 413 625 S00 242 355 1 449 • Social Nall/Civic Center (per 1,000 gef) 599 560 460 413 625 500 242 355 419 • Funeral Nome (per 1,000 sf) 1,940 1,813 1,488 1,336 2,024 1,620 781 1,110 1,466 • School (per student) 43 41 33 30 41 36 18 26 33 • Fire Station r bed 98 91 7S 67 102 81 39 58 75 • Fire Station (per 1,000 gef) 369 345 283 255 385 308 149 219 2112 _V ­ X, aLL WVLLLilllj USE LJILM LLllu 6u wu auaeu inLo Lne table. (Note: gsf = gross square feet) 17. Correcting scrivener's error: local flood regulation exemption. Amend section 930.07(2)(b)12 of the stormwater management and floodplain protection ordinance of the land development regulations, as follows: 12. For substantial improvements on existing structures which do not meet the above requirements (one half (0.5) foot above base flood), but did M meet the finish floor elevation requirement in effect at the time the structure was given a building permit, any substantial improvement will not be cause to require the finish floor of the existing structure to be elevated to meet the finish floor requirements set out above. 18. Restrictions on keeping commercial vehicles in residential areas. Amend section 911.15(3) of the zoning ordinance of the land development regulations, as follows: (3) Parking of commercial vehicles in residential areas. (a) Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles shall be parked overnight nor for an extended period (more than ten (10) hours in any calendar, month) on any residentially used lot, in the street abutting such lot, or or residentially zoned land, not including the A-1. • ' � A-2, or AA=3 districts, except: FEBRUARY 27, 1996 I. Commercial vehicles • • • with a rated capacity of one (1) ton or less used by the resident of the premises, limited to one per premises and parked off-street in a garage, carport or driveway. No construction or similar materials shall be stored or transported on the outside of such vehicles. 22 M L_ I M M ORDINANCE 96-06 2. Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where such vehicles are parked. - 3. In no case shall a commercial vehicle which is used for hauling explosives, gasoline or liquefied petroleum products be permitted to be parked for an extended period in a residential area. 4. "Class "A" tow s is department, used by the resident of the premises, limited to one per premises and parked off-street in a garage, carport or or a res 19. Single-family ordinance restatement of restrictions on keeping commercial vehicles in residential areas. Amend section 912.17(1) of the single family development ordinance of the land development regulations, as follows: (1) Parking of commercial vehicles in residential areas. (a) Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles shall be parked overnight nor for an extended period (more than ten (10) hours in any calendar month) on any residentially used lot, in the street abutting such lot, or on residentially zoned land, not including the A-lt � A-2, or AA=3 districts, except: 1. Commercial vehicles • • • with a rated capacity of one (1) ton or less used by the resident of the premises, limited to one per premises and parked off-street in a garage, carport or driveway. No construction or similar materials shall be stored or transported on the outside of such vehicles. 2. Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where such vehicles are parked. 3. In no case shall a commercial vehicle which is used for hauling explosives, gasoline or liquefied petroleum products be permitted to be parked for an extended period in a residential area. 4. FEBRUARY 27, 1996 23 BOOK 97 mu` 17 BOOK 97 i'A,L 18 ORDINANCE 96-06 20. Allowing certain dock structures to project farther into waterways. Amend County Code Subsection 932.07(3) as follows: (3) MRITTRAMOM91 Projection of waterfront structures. (b) Extension of docks and piers in waterways; generally. Docks and piersL including tie -off piles, mooring or dolphin poles, shall not project outward from the shore more than twenty five (25) percent of the width of the waterway at a point where they are located. The outward projection of a dock and associated structures shall be measured from the water's edge at mean low tide. The location, dimensions, and structural character of all structures shall be in conformity with applicable federal and state jurisdictional agency regulations. c . Application of paragraph© "b" � above shall not result in a unobstructed waterway of less than twenty-five (25) feet in width(twelve and one-half (12 1/2) feet either side of the waterway centerline). 21. Mining regulations for mining operation and site restoration timeframes. Amend section 934.07(3)(j) and create section 934.07(3)(k) of the excavation and mining chapter of the land development regulations, as follows: LU Specific mining activity timeframes, from the date of initial mining permit issuance, are established based upon the estimated quantity of material to be removed Vwnavatinn_ haulinn_ nr nther minina activities w are Less than 10,000 cubic yards ............ 1 year 10,000 - 99,999 cubic yards.. **!!!:!!*!! 2 years 100,000 - 500,000 cubic yards ........... 5 years over 500,000 cubic yards.. .10 years a. These timeframes may be extended by the Board of County Commissioners upon an applicant's request made prior to the normal timeframe expiration. The Board may grant an extension if it determines that the mining operation has been inactive for a period of time due to market conditions such as an economic recession. The Board shall not extend the initial timeframe by a period of time greater than the determined period of inactivity. (k) The mining site shall be restored in accordance with thn 4nn nlan_ finch rpntnration shall 1 FEBRUARY 27, 1996 S countv staff w 24 ORDINANCE 96-06 22. Extending timeframes for certain incidental to construction mining operations. Amend section 934.04(7)(b) of the excavation and mining ordinance of the land development regulations, as follows: (b) For excavations incidental to authorized site plans, subdivisions, or planned developments, excavation material removal from the premises may exceed five thousand (5,000) cubic yards provided that: 1. The extraction process and hauling of excavated materials from the premises is completed within two (2) months of commencement of project construction, following the issuance of a county land development permit or release of an approved site plan, as applicable, and provided that such extraction and hauling is limited to occurring between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday; 2. Water depth within a created waterbody (as applicable) shall not exceed twelve (12) feet; 3. The provisions of section 934.07(5) are satisfied, pertaining to the posting of compliance and restoration bonds; 4. The provisions of section 934.09 are satisfied, pertaining to the hauling of excavated materials on public and private roads; 5. The provisions of section 934.05 are satisfied, pertaining to water management standards for created waterbodies; 6. No dewatering occurs within one thousand (1,000) feet of any platted subdivision that is not serviced by public water. 7. Incidental to construction mining activity on projects over 350 acres in size may be permitted for a total of up to 14 months from the date of commencement of construction of the project's That a site plan application is submitted which provides sufficient information to demonstrate compliance with all applicable Chapter 934.04(7)(b) standards. That the quantity of excess fill produced by project construction and proposed to be hauled off-site is. the result of complying _ with water management -or environmental requirements, or recommendations from jurisdictional agencies. 25 BOOK 97 PAGE 41j FEBRUARY 27, 1996 bou 97 FACE ���,0 ORDINANCE 96-06 23. REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of.such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 24. CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. 25. SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. 26. EFFECTIVE DATE The provisions of this ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 2 -7th day of February , 1996. This ordinance was advertised in the Vero Beach Press -Journal on the nth-- day of , 1996, and on the 19th day of FohnW1r y , 199K,—Mor public hearings to be held on the 4-R-hday of 1996, and on the �� day of Fahruar� ;-199'6 at which time at the final hearing it was moved for adoption by Commissioner Eggert seconded by Commissioner Bird , and adopted by the following vote; 26 FEBRUARY 27, 1996 M M M ORDINANCE 96-06 Chairman Fran B. Adams AV2 Vice Chairman Carolyn K. Eggert Arca Commissioner John W. Tippin Aye Commissioner Richard N. Bird Commissioner Kenneth R. Macht - Nay BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY _~ n A-- Se OL26�m_6 Fran B. Adams, Chairman ATTEST BY: 8 e K. rton, Clerk D.e. Acknowledgement by the Department of Ste of the St a of Florida this day of , 1996. Effective Date: Filed with the Department of State on the day of , 1996. APPROVED AS TO LEGAL FORM 167W &140 5.4� William G. Collins II Deputy County Attorney APPROVED AS TO PLANNING MATTERS �o�bertr'T.^ Keating,ICP Community Developm nt Di ctor Coding: Words in . . . type are deletions from existing law. Words underlined are additions. REPORT ON STATUS OF MEETING WITH SCHOOL BOARD REGARDING OLD COURTHOUSE COMPLEX AND UTILITY BILL PAYMENT PLAN Administrator Chandler reported on a meeting with the School Board where various alternatives were being considered; one of which was the School Board utilizing the old courthouse, the courthouse annex and the old State Attorney's building. The School Board advised that their cost analysis indicated the cost to the School District would be a little over $5,000,000. If the School Board were to utilize those properties, they would expect the County to turn the properties over to them at no expense. The School Board would move out of their existing quarters within 2 years in exchange for no long-term debt. The County's appraisal on those properties was $775,000. The School Board expected the County to eliminate their annual payment for their present facilities of $45,000 and to release to the School Board the $446,500 received from annual racetrack revenue. The financial impact on the County would be $491,000 annually. The School Board also indicated that the historical grant would be of no value to them. As a second alternative, the School Board proposed that they vacate the building to the west of the Administration Building within 2 years and exercise another option of moving into a totally 900K oaf 1 FEBRUARY 27, 1996 27 Face � BOOK T'i F-muE V? different facility. In return, the County would eliminate their annual payment of $45,000 and turn over 1/2 of the racetrack revenue, or $223,250, which would have an impact on the County of $268,000 annually. Either of those alternatives would have a significant impact on the County as we have pledged the racetrack funds to the golf course. Depending on the alternative, there would be a deficit of from $268,000 or $491,000 a year. Commissioner Bird inquired how many square feet the School Board occupies, and Administrator Chandler answered that they occupy 20,000 square feet at present. The combined total of the old courthouse, the annex and the State Attorney's building is approximately 52,000 square.feet. Commissioner Bird explained that the racetrack funds were pledged to the golf course in order to obtain the best bond rating but there was never any intention to use any of those funds toward the golf course. Administrator Chandler confirmed that the County does not anticipate using those bond funds but they are encumbered. Director Baird pointed out that the School Board does get credit for the $20,000 they used to receive in racetrack funds. Commissioner Macht felt that because the particular deal is so bad there is no need to consider it. Commissioner Bird agreed that, on the face of it, it does not look as though we are close to making a deal. He believed we need to continue to talk with the School Board because, if it can be worked out, it would be a win-win situation. The School Board has a pretty good deal where they are now and the County needs to utilize those vacant buildings. It was his opinion that the State Attorney's building could be sold and the money used to help renovate the old courthouse building. Commissioner Macht stated that the School Board is not the only potential candidate for those buildings; he has spoken to at least one architect who believed that after renovation it would make very useful office space. Administrator Chandler reminded the Board that this was only the first meeting with the School Board and other alternatives are being considered. He expected to be able to present_a complete overview of several options in 3 to 4 weeks. Anthony Masi of 1700 Ocean Drive, a member of the Indian River Historical Society, expressed his concern over his impression that the Board was being asked to consider some action at this time. He was opposed to the School -Board using the old courthouse building FEBRUARY 27, 1996 28 because he felt that would completely destroy the historical integrity of the building and create traffic problems. As a member of the Downtown Development Association he strongly recommended that no formal use of that building be approved until all aspects of.the problem have been considered. CONSENSUS was reached that Administrator Chandler would return the matter to the Board in 3 to 4 weeks with a complete overview of the available options. SIVER MANAGEMENT CONSULTANTS CONTRACT The Board reviewed a Memorandum of February 22, 1996: Q:_ • ' James E. Chandler _ County Administrator FROM: Donna C. Anderson AN4,-l Acting Personnel Director RE: Contract with Insurance Plan Consultant DATE: February 22, 1996 BACKGROUND AND ANALYSIS On February 6, 1996, the Board of County Commissioners approved staff to negotiate with Siver Insurance Management Consultants to provide professional services in reviewing and making recommendations concerning the employee insurance program. The attached agreement is substantially the same as the agreement approved in 1993 when we last retained Siver. You will note that the not to exceed fee of $18,000 is below staff's estimate of $28,000 for these services. RECOMMENDATION The staff recommends approval of the agreement. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously approved the Agreement with Siver Insurance Management Consultants, as recommended by staff. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WETLANDS FENCING - MARTIN FENCE CO. The Board reviewed a Memorandum of February 15, 1996: 1 BOOK � PAGt �� FEBRUARY 27, 1996 29 BOOP( 97 F'AUE DATE: FEBRUARY 15, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. P DIRECTOR OF UTIL_JW SERVICES PREPARED ROBERT O. WISEMEN, P.E. AND STAFFED ENVIRONMENTAL ENGINEER Iu BY: DEPARTMENT OF UTILITY SER CES SUBJECT: WETLANDS FENCING INDIAN RIVER COUNTY PROJECT NO. IIS-93-05-ED BACKGROUND On November 7, 1996, the Board of County Commissioners approved a direct purchase of materials and installation of a fence for the wetlands at the West Regional Wastewater Treatment Facility. ANALYSIS The fence installation has been completed and accepted. The contractor has submitted a payment request for services rendered. The final cost is adjusted as per the as -built. Based on the amount of fence installed (7,576 linear feet and one gate), the final cost is $88,985.40. RE99MU NDATION The staff of the Department of Utility Services recommends approval of the final pay request in the amount of $88,985.40. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved the final pay request to Martin Fence Co. in the amount of $88,985.40, as recommended by staff. REQUEST ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD REPORT ON ARBITRATION MATTER -.TAMES A. CUMMINGS, INC. - MARTIN PAVING CO. Assistant County Attorney Terry O'Brien gave a brief report on the arbitration hearing regarding the James A. Cummings, Inc. and Martin Paving Co. claim of $278,000 for work done on the judicial complex. Late yesterday, February 26, 1996, word was received that the arbitrators had issued their finding and that the "claim of the claimant (Cummings and Martin) was denied in- its entirety". He expressed his opinion that Centex -Rooney and Infiltrator Systems had offered a great deal of assistance to the County in this matter and asked the Board to authorize letters of appreciation for their participation in this arbitration. FEBRUARY 27, 1996 30 Chairman Adams commented that Attorney O'Brien did a very good job and the Board appreciated his diligence. She remarked that:she might now have to change her opinion of lawyers. County Attorney Vitunac announced that Assistant County Attorney Sharon Brennan had resigned after being involved in a car accident about 2 weeks ago which aggravated some problems she had been having with her neck. He explained that Attorney Brennan and Attorney O'Brien had been essentially holding one job which Attorney O'Brien will now take over. Commissioner Eggert suggested the Board send a letter of thanks and wish Attorney Brennan well. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved sending letters of appreciation to Centex -Rooney Construction Co., Inc. and Infiltrator''' Systems, Inc.. EMERGENCY SERVICES DISTRICT The Chairman announced that, immediately upon adjournment,. the Board would reconvene as the Board of Commissioners of the - Emergency Services District. Those Minutes are being prepared separately. There being no further business to come before the Board, on Motion duly made, seconded and carried, the Board adjourned at 9:58 a.m. ATTEST: J. K. on, Clerk Fran B. Adams, Chairman Minutes Approved: 13-1z-9 6 Boor 97 Ftcc 4 25 FEBRUARY 27, 1996 31