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Home My WebLink About7/15/1997� MINUTESF%TACHED � BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, JULY 15,1997 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman (District 2) John W. Tippin, Vice Chairman (District 4) Fran B. Adams (District 1) Caroline D. Ginn (District 5 Kenneth R. Macht (District 3) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP PAGES 2. INVOCATION Donna Hirschfield Genesis Church of Religious Science 3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS 1. Add Item 12, Lindberg Road Relocation/Associated Easements. 2. Delde Item 8, Resolution Requesting Sheriffs office to Forego High Speed Automobile Chases. 5. PROCLAMATION and PRESENTATIONS Presentation of Recycling Award to Wendy Young 1-2 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: Report of Convictions, June, 1997 B. Resolution Supporting Main Street Designation (memorandum dated July 9, 1997) 3-4 C. Request for Floodplain Cut and Fill Balance Waiver for Residence at 6688 110th St., Part of Tract "A", Floravon Shores (memorandum dated July 3, 1997) D. Recently Acquired Properties - Tax Cancellations (memorandum dated July 2, 1997) E. Intersection Improvement Design Fees - Final Pay- ment and Release of Retainage for: 1). 4th St. and 20th Ave. 2) 4th St. and 43rd Ave. 3) Winter Beach Rd. and SR AIA F�GOK rGF (memorandum dated July 7, 1997) 5-7 8-12 13-14 7. CONSENT AGENDA (cont'd )• BACKUP �AOK 0 FACE �� PAGES F. Hobart Water Plant Property (memorandum dated July 8, 1997) G. So. SR AIA Widening - Change Order No. 2 and Release of Retainage (memorandum dated July 8, 1997) 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, REQUESTING THAT THE INDIAN RIVER COUNTY SHERIFF'S OFFICE FOREGO HIGH SPEED AUTOMOBILE CHASES IN INDIAN RIVER COUNTY 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Philip A. Glaab's Request for a Partial Abandonment of Live Oak Drive R -O -W (memorandum dated July 2, 1997) 2. Reconsideration of Proposed LDR Amend- ments: Banks in the PRO District (memorandum dated June 27, 1997) B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS None 15-17 18-20 21 22-29 30-85 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development Request for Board Approval of a One -Year - Contract Extension with FloridAffinity, Inc., for Professional Services Relating to Environmental Land Acquisition (memorandum dated July 9, 1997) 86-108 B. Emergency Services Approval of Contract for 911 Computer Aided Dispatch (CAD) System Between Logistic Systems, Inc., and Indian River County (memorandum dated July 7, 1997) 109-111 C. General Services None 11. DEPARTMENTAL INERS (cont'd.): D. Leisure Services None E. Office of Management and Budget None F. Personnel None G. Public Works None H. Utilities �KUP PAGES Kingsway A/D Petition Water Service (memorandum dated July 3, 1997) 112-126 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman CarolynK_Eggert Hernando County Resolution (letter dated June 2, 1997) B. Vice Chairman John W. TiDpin C. Commissioner Fran B. Adams D. Commissioner Caroline D. Ginn E. Commissioner Kenneth R. Macht 14. SPECIAL DISTRICTSBOARDS A. Emergency Services District None B. Solid Waste Disposal District None C. Environmental Control Board None 15. ADJOURNMENT 127-128 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 x408 at least 48 hours in advance of meetins. Meeting broadcast live on TCI Cable Channel 13 - rebroadcast 5: 00 p.m. Thursday through 5: 00 p. m. Friday Falcon Cable Channel 35'- rebroadcast Friday evening 600K L 2. 3. 4. 5. 6. 7. INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS JULY 15,1997 CALLTO ORDER........................................................................................................I VWOCA77ON...............................................................................................................1 PLEDGE OFALLEGIANCE......................................................................................1 ADDITIONS TO 771E AGENDA ...............................................................................I PROCLAALMONSAND PRESENTATIONS.........................................................2 S.A. RECYCLINGAWARDPRESENTED TO WENDYYOUNG............................................2 APPROVAL OFM17VUTES.........................................................................................2 CONSENTAGENDA...................................................................................................3 7.A. REPORTS ...............................................................................................................3 7.B. MAINSTREETDESIGNATION—RESOLUTIONIIVSUPPORT....................................3 7. G RCL DEVELOPMENT— REQUEST FOR FLOODPLAIN CUTAND FILL BALANCE WAIVER— 66881107HSTREET, PART OFTRACT "A'; FLORAVONSxoRFds..............................................................................................4 Z.D. TAX CANCELLATIONS — RECENTLYACQUIRED PROPERTIES ................................ 5 7.E. INTRRSECTIONIWROVIEMENTDESIGNFEES— FINAL PAY!IIENT AND RELEASE OFRETAINAGE— KBHEY--HORN— eSTREETAND 2rAVENUE—eSTREETAND4rAV,ENUE— WINTERBEA cp ROADANDSR AIA.............................................................................................10 7.F. HOBART WATERPLANTPROPERTY......................................................................11 7. G. SOUTHSR AIA WIDENING— CHANGE ORDERNO. 2 AND RELEASE OFRETAMAGE—DICAFMONFLORMA..............................................12 JULY 15, 1997 BOOK ri,Ct 4ijc� uOR 102 PACE 56 8 CONSTITUTIONAL OFFICERS AND GOVERA31 FATAL AGENCIES - RESOLUTIONREQUESTING THAT SHERIFF'S OFFICE FOREGO HIGH SPEED AUTOMOBILE CHASES ININDIANR&TI? COUNTY ........13 9.A L PUBLICHEARING-PHILIPA. GLAAB -REQUEST FOR PARTIAL ABANDONMENT OFL&E OASDRIVERIGHT-OF-WAY,,,,,,,,,,,,,,,,,,,,,,,,,,,,,13 9.A.2. PUBLICHEARING-RECONSIDERATIONOFPROPOSED LDR AMENDMENTS: BANKS INPRO (PROFESSIONAL, RESIDENTIAL, OFFICE) ZONING DISTRICT...............................................................................17 11.A. COMMUN H YDEVELOPMENT - FLORIDAFFVWYY, INC - PROFESSIONAL SERVICES RELATING TO ENVIRONMENTAL LANDACQUISITION- REQ UESTFOR ONE-YEAR CONTRACT EXTENSION.............................................................................................................. 32 11.B.-EMERGENCYSERVICES-LOGISTICSYSTEMS, INC - CONTRACT FOR 911 COMPUTER AIDED DISPATCH (CAD) SYSTEM,,,,,, 34 11.H. - UTILITIES - %IlVGSWAYSUBDIVISIONV PETITION WATER SERVICE (35mSTxEET, 36wPLwE3eL4xE57wAvElvrrE),,,,,,0000,,,00,00000 36 12. LUNDBERGROAD RELOCATION/ASSOCIATEDEASEMENTS- MAPLE LEAFPROPERTIES, INC - SIDNEYM. BANACB, JR - HOA DEPOT,,,,,,,,,,,,,,,, ................................................................0000.37 13.A. HERNANDO COUNTYRESOLUTIONREGARDING ORIIWMION USE BYFLORIDA POWER AND LIGHT............................................................ 39 14.A. EMERGENCYSERVICESDISTRICT................................................................... 41 14.B. SOLID WASTE DISPOSAL DISTRICT................................................................. 41 14.0 ENVIRONMENTAL CONTROL BOARD.............................................................. 41 JULY 15, 1997 M July 15, 1997 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, July 15, 1997, at 9:00 am. Present were Carolyn K. Eggert, Chairman; John W. Tippin, Vice Chairman; Fran B. Adams; Kenneth R. Macht, and Caroline D. Ginn. Also present were James E. Chandler, County Administrator, Charles P. Vitunac, County Attorney, and Patricia "PJ" Jones, Deputy Clerk 1. CALL TO ORDER Chairman Eggert called the meeting to order. 2. INVOCATION Donna Hirschfield of Genesis Church of Religious Science gave the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Adams led the Pledge of Allegiance to the Flag. 4. ADDITIONS TO THE AGENDA Chairman Eggert requested the addition of Item 12, Lundberg Road Relocation/Associated Easements, and County Attorney Vitunac advised that there is a closing involved which would be delayed if the easements cannot be agreed upon. Commissioner Macht requested the deletion of Item 8, Resolution Requesting Sheriffs Office to Forego High Speed Automobile Chases. ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously made the above changes to the Agenda. JULY 15, 1997 WK 1.02, PACE 57 1 QQOK 102, FAGS 5 5. PROCLAMATIONS AND PRESENTATIONS S.A. RECYCLINGAWARD PRESENTED To WENDY YOUNG The Board reviewed a Memorandum of June 17, 1997 and the Chairman presented the following Award to Wendy Young: hairm unty Cc on SWDD Manager Regcling Coordinators RIC, C rclinA wird Presented with great appreciation to Zf/"4 I. ?loustq., who has demonstrated concern for and care of the environment through active support of recycling efforts within Indian River County. July 15, 1997 Attorney Wendy Young thanked the Board and stressed her enthusiasm for and commitment to recycling programs. 6. APPROVAL OF MINUTES None. JULY 15, 1997 7. CONSENT AGENDA 7.A. REPORTS Received and placed on file in the office of the Clerk to the Board: 1. Report of Convictions for June, 1997 7.8. MAINSTREETDESIGNATION—RESOLU270NINSUPPORT The Board reviewed a Memorandum of July 9, 1997: T0: James E. Chandler County Administrator FROM: John Wachtel The Downtown Vero Beach Association DATE: July 9, 1997 RE: Resolution Supporting Main Street Designation Attached please find a copy, for execution by the chairman, of the resolution authorized for adoption by the Board of County Commissioners on July 8, 1997. This Resolution was originally submitted on March 26, 1997. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Macht, the Board unanimously adopted Resolution 97-066 Authorizing Participation in the "Florida Main Street" Program RESOLUTION NO. 97-66 A Resolution Authori in Pa ici ation in the "Florida Main zS`tr%et" 5rogram WHEREAS, the Florida Main Street Program (Program) has been created to assist Florida communities in developing public-private efforts to revitalize their "Main Street" areas, and WHEREAS, the Secretaryof State will select a number of communities to participate in the Program in the upcoming year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY that the County hereby endorses submission by The Downtown Vero Beach Association of an application to participate in the Program with the specific goal of revitalization within the context of the Main Street Approach. JULY 15, 1997 V PACE� E?�OK 3 BGOK tJ PACE 60 BE IT FURTHER RESOLVED that the County agrees to support that local Main Street program and participate in its activities. The forgoing Resolution was offered by Commissioner Gi nn and seconded by Commissioner Macht and upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Ave Vice -Chairman John W. Tippin Ave Commissioner Fran B. Adams Ave Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Ave The Chairman thereupon declared the resolution duly passed and adopted on this 15 day of _.Jul„ 1997. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: wt �""��',,� •-, Carolyn K. Vgert, ChayWn ATTEST: Jgffroy K.�B�rtorj, Clerk APPROVED AS TO FORM ' AND LEGAL SUFFICIENCY 8Y & WILLIAM G. COLLINS 11 DEPUTY COUNTY ATTORNEY 7.0 RCL DEVELOPMENT— REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE WAIVER - 6688 Ile STREET, PART OF TRACT "A". FLORAVON SHORES The Board reviewed a Memorandum of July 3, 1997: TO: James Chandler County Administrator / 1 THROUGH: James W. Davis, P.E. �" / Public Works Director , and Roger D. Cain, P.E. County Engineer ' FROM: David B. Cox, P.Ee&— Civil Engineer SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Residence at 6688 110`h Street, Part of Tract "A", Floravon Shores RE: Project No. 97050089 DATE: July 3, 1997 DESCRIPTION AND CONDITIONS RCL Development, Inc. has submitted a building permit application for a single family residence on the subject property, and has requested a waiver of the cut and fill balance requirement of Section 930.07(2)(d) of the Stormwater Management and Flood Protection Ordinance. The site is located in special flood hazard area Zone AE with base flood elevation of 9.0 ft. N.G.V.D. The ten year JULY 15, 1997 flood elevation is 4.3 ft. N.G. V.D. The proposed displacement of the floodplain below 4.3 ft. for which the waiver is required is 296 cubic yards as indicated in the attached letter from the applicant's engineer dated June 25, 1997. ALTERNATIVES AND ANALYSIS The project meets the art and fill balance waiver criteria provided in Section 930.07(2)(d)1. of being situated in an estuarine environment within the 100 year floodplain along the Indian River and in stairs opinion it appears that all other Stormwater Management and Flood Protection Ordinance requirements can be met without adverse impact on other lands in the estuarine environment. Alternative No. I Grant the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)1. Alternative No. 2 Deny cut and fill waiver. Require an on site retention area be provided to compensate for the proposed floodplain displacement. RECOMMENDATION AND FUNDING Staff recommends approval of Alternative No. 1. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Macht, the Board unanimously granted the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)1, as recommended by staff. 7.D. TAX CANCELLATIONS— RECENTLYAC UIRED PROPERTIES The Board reviewed a Memorandum of July 2, 1997: TO: Board of County Commissioners oc- P. *�Q:Qae,4. FROM: Lea R. Keller, CLA Certified Legal Assistant County Attorney's Office DATE: July 2, 1997 RE: Recently Acquired Properties - Tax Cancellations The County recently acquired some property and, pursuant to Section 196.28, F.S., the Board of County Commissioners is allowed to cancel and discharge any taxes owed on the portion of the property acquired for public purpose. Such cancellation must be done by resolution with a certified cony being forward to the Tax Collector (and copies sent to the Property Appraiser and Foxed Assets). Requested Action: Board authorize the Chairman to sign the attached resolutions canceling taxes upon lands the County recently acquired. JULY 15, 1997 BOOK 10 ;'�*" FAGE 6 1 5 CQCrK ON MOTION by Commissioner Ginn, SECONDED by Commissioner Macht, the Board unanimously adopted Resolution 97-067 cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Lambeth Citrus, Ltd. — 6e Avenue). Re: 68th Avenue Parcel ID 19-33-39-00001-0070-00001.0 Lambeth Citrus, Ltd. RESOLUTION NO. 97- 67 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. IV PAGE 62 WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes property describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes, delinquent or current, against the property described in OR Book 1158, Page 2079, which was recently acquired by Indian River County for right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Gi nn and the motion was seconded by Commissioner Macht and, upon being put to a vote, the vote was as follows: Chairman Carolyn K Eggert Aye Vice Chairman John W. Tippin Aye Commissioner Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye The Chairman thereupon declared the resolution duly passed and adopted this 15th day of July, 1997. Stamp:L J j _. RMY 15, 1997 BOARD OF COUNTY COMMISSIONERS i BY CarolynA Eggert Chifirman IIn�3f1 Hers Ca AGOroved n. Admin A _ ya Budge) Dep— t Risk gr. 1 IJ rj 5r". r.,ar LEGAL DESCRIPTION V '604 . Port of Tract 8, Section 19, Township .ia South, Range 39 East, according to the lost general plot of the fonds of the Indian River Farms Company, recorded in Plot Book Z Page 25 of the Public Records of St. Lucie County, Florida,' Begin of o point lying .i0 feet north and 45 feet west of the southeast corner of Tract 8, Section /9, Township 33 South, Range 39 East, and run: North, parallel with the east line of Tract 8, o distance of 251.06 feet to o point. Then run Northwest to a point lying 16 fee/ north and 15 feet west of the lost named ooint. Then run North, porallet with the east line of Tract 8, a dfslance of 404.56 feet to o faint. Then run East 10 feet to a point. Then run ^ �p `/ North, parallel with the east line of Tract 8, o distance of 629.53 feet to o point in the north line of Tract 8. Then run t } �jJ East, along the north line of Tract 8, 25 feet to a point. Then run South, 25 feet from and parallel with the east line of Tract 8, o distance of 1.101.2 feet to the POINT OF 2£GINNING. Containing 36,260 square feet. Lying in Indian River County, Florida. EXHIBIT "A' CERTIFICATION . 1, Charles A. Cramer, hereby certify that 1 am a registered ProFessicnc,i Surveyor and Mapper licensed to practice in the state of Florida, that this sketch was made under my immediate supervision, and that it is accurate and correct. I Further certify that this sketch meets the Minimum Technical standards as described in Chapter 61G17 of the Florida Administrative Code, pursuant to F.S. Chapter 472. THIS IS NOT A SURVEY n SKETCH TO ACCOMPANY LEGAL DESCRIPTION cam/ PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT Charles A. Cramer, P.S.M. Reg. #4094 1840 25th St, Vero Beach, FL 32960 Indian River County Surveyor (407) 567-8000 Date 1997 n� E 0 CD -an I` BOOK ON MOTION by Commissioner Ginn, SECONDED by Commissioner Macht, the Board unanimously adopted Resolution 97-068 cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Bobby Hiers — Parcel #128 — Street). Re: Parcel #128 - 8th Street Parcel ID 09-33-39-00001-0130-00001.0 Bobby Hiers RESOLUTION NO. 97- 68 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that 1. Any and all liens for taxes, delinquent or current, against the property described in OR Book 1157, Page 2765, which was recently acquired by Indian River County for right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Ginn and the motion was seconded by Commissioner Macht and, upon being put to a vote, the vote was as follows: Chairman Carolyn K Eggert Aye Vice Chairman John W. Tippin Aye Commissioner Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye The Chairman thereupon declared the resolution duly passed and adopted this 15th day of July, 1997. MrIq Stamp: TA.X CERTIFICATES GSJT0e INDING :.!7 nn �:'��, Ir �'7s.Nr•t" F) J[JLY 15, 1997 --.—_---..mom BOARD OF COUNTY COMMISSI NERS If By Carolyot Eggert IX Chairman Inai1•i Rvs Ca APPrOved Adrnn Legal BudgeI DeQL Risk Mgr. t� FACE 64 Da M X S M 1 1 W 1/2 of SW 1/4 E. 1/2 of SW 1/4 of SW 1/4 W. 20 acres of Tract 14 of Section 9-33-39 3Section 9-33-39 Section The LESS acres o 3N v �_ :2J 0 - Scale: 1"=100' 3 I 3 N Z o v Tract 13 0 Tract 14 !� NU a IN,z Ln w W 857.64' W 616.45' P a r Q /� `i l;/ N O /241.19' 2 8/ V 48' 8 9664_jeI 8TH STREET ' I 45 17116 Section Line & Tract Line PARCEL NO. 128 LEGAL DESCRIPTION The North 40 feet of the South 80 feet of the East 1/2 of the SW 1/4 of 'the SW 1/4 of Section 9, Township 33 South, Range 39 East according to the last general plot of the lands of the Indian River Forms Company recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida, LESS the West 48 feet thereof. AND the North 40 feet of the South 80 feet of the West 20 acres of Tract 14, Section 9, Township 33 South, Range 39 East, LESS the East 12.5 acres thereof, according to the last general plat of the lands of the Indian River Forms Company recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida. Together containing 34,305.6 square feet. v Now lying in Indian River County, Florida. o CERTIFICATION N I, Charles A. Cramer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state N of Florida, that this sketch was made under my immediate supervision, and that it is accurate and correct. I further certify ii0 that this sketch meets the Minimum Technical standards as described in Chapter 61G17 of the Florida Administrative Code, pursuant to F.S. Chapter 472. THIS IS NOT A SURVEY J SKETCH TO ACCOMPANY LEGAL DESCRIPTION S� COUNTY DEPARTMENT PREPARED FOR INDIAN RIVER ENGINEERING � Charles A. Cromer, P.S.M. Reg. #4094 1840 25th St, Vero Beach, FL 32960 0 Indian River County Surveyor (561) 567-8000 Date 14,1/4T,1 %997 a 1 1 6®0K 102 PRUE ED� 7.E. INTERSECTIONIMPROVEMENT DESIGN FEES — FINAL PAYMENTAND RELEASE OFRETAINAGE— KIMLEY-HORN— 4TH STREETAND 26wAVENUE— e STREETAND43RDAVENUE— WINTERBEACHROADAND SR -AIA The Board reviewed a Memorandum of July 7, 1997: TO: James E. Chandler County Administrator TBRII: James W. Davis, P.E. Public Works Directo FROM: Christopher R. Mora, P.E. �yn� County Traffic Engineer DATE: July 7, 1997 SUBJECT: Intersection Improvement Design Fees - Final Payment and Release of Retainage'for: 1. 4th Street and 20th Avenue 2. 4th Street and 43rd Avenue 3. Winter Beach Road and SR A -1-A =aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaanoaaaaaaaaaaaaaaaaaaaaaaaaaaaa DESCRIPTION AND CONDITIONS The intersection design plans for additional turn lanes at the three subject intersections have been completed by the engineering design firm, Kimley-Horn and Associates, Inc. The consultant has requested final payment and release of retainage in the amount of $6,849.80. Construction of improvements at intersection No. 3, Winter Beach Road and SR A -1-A, were completed earlier this year. Improvements at the two remaining intersections are expected to begin in late 1997 or early 1998. RECOMM MATIONS AND FUNDING Staff recommends approval of final payment and release of retainage in the amount of $6,849.80. Funding from account numbers: 101-151-541-066.51 ($1,449.80) 101-151-541-067.43 ($3,000.00) 101-151=541-067.54 ($2,400.00) ON MOTION by Commissioner Ginn, SECONDED by Commissioner Macht, the Board unanimously approved final payment and release of retainage in the amount of $6,849.80 to Kimley Horn and Associates, Inc., as recommended by staff. JULY 15, 1997 Z F. HOBART WATER PLANT PROPERTY— OUITCLAIMDEED TO HOBART LANDING HOME OWNERS' ASSOCIATION. INCORPORATED The Board reviewed a Memorandum of July 8, 1997: TO: Board of County Commissioners LIZ kFROM: Lea R ,K ler, CLA, County Attorney's Office THROUGH: Cha anac, o ty Attorney DATE: July 8,1997 RE: HOBART WATER PLANT PROPERTY In 1989 the County entered into an agreement with Hobart Landing Services Company to take over its water treatment system. Included in this agreement was the condition that the County would return the property when it was no longer needed. The Utilities Department has advised us that County has connected Hobart Landing to its regional water system and no longer needs the water plant site. Therefore, at the request of the attorney for the Homeowners' Association attached is a quitclaim deed from the County and the former owner to the Homeowners' Association. Recommended Action: Staff recommends that the Board authorize the Chairman to execute the attached document on behalf of the Board of County Commissioners. JULY 15, 1997 ON MOTION by Commissioner Ginn, SECONDED by Commissioner Macht, the Board unanimously approved the QuitClaim Deed to Hobart Landing Home Owners' Association, Incorporated and authorized the Chairman to execute same, as recommended by staff. DEED W]ILL BE RECORDED IN TIE PUBLIC RECORDS OF INDIAN RIVER COUNTY 11 690K U PAGE 6'1 BWOK JIM PAGE 68 7.G. SOUTHSR AIA WIDENING— CHANGE ORDER NO. 2 AND RELEASE OF RETAINAGE — DICKERSON FLORIDA The Board reviewed a Memorandum of July 8, 1997: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E, Public Works Director , FROM: Terry B. Thompson, P. Capital Projects Manager SUBJECT: South SR A1ANVidening Change Order No. 2 and Release of Retainage DATE: July 8, 1997 CRIPTION AND CONDITION Construction of roadway improvements on South SR Al A from Harbor Drive to Spyglass Lane are complete and final quantities have been computed. Attached is Change Order No. 2 and the Final Application for Payment. Change Order No. 2 includes increases in the amount of $1,130.00 for construction of a culvert pipe and stabilized driveway to a garage that faces SR A1A. This added to the current contract amount of $398,198.30 results in a new contract amount of $399.328.30. RECOMMENDATIONS AND FUNDING Staff recommends the following actions be taken: 1. Approve Change Order No. 2 2. Approve Final Payment and Release of Retainage in the amount of $45,771.13 Funding is from account #101-152-541-067.37. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Macht, the Board unanimously approved Change Order No. 2 and final payment and release of retainage in the amount of $45,771.13 to Dickerson Florida, Inc., as recommended by staff. DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JULY 15, 1997 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - RESOLUTION REQUESTING THAT SHERIFF'S OFFICE FOREGO HIGH SPEED AUTOMOBILE CHASES IN INDIAN RIVER COUNTY Deleted. 9.A.1.PUBLIC HEARING - PHILIP A. GLAAB - REQUEST FOR PARTIAL ABANDONMENT OF LIVE OAK DRIVE RIGHT-OF-WAY PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K. Hicks who on oath says that he is President of the Press -Journal, a daffy newspaper published at Vero Beach NOTICE OF PUBLIC HEARING in Indian River County, Florida; that the attached copy of advertisement, being Notice of hearing to consider a petition for the closing, abandon- ment, and vacation of a portion of (1 i� Live Oak Drive adjacent to lot in the matter 213, Orchid Island Subdivision, Unit 2. Said lands lying and being In Indian River County, Florida, more particularly described as in the Cant, was pub follows: A 10' strip of Live Oak Drive Q� Ushed in said newspaper In the issues of Q(t'lu- I `� Right -of -Way lying adjacent to Lot 213 of the Plot of Orchid Island Subdivision, Unit 2 as recorded in Plat Book 6 Page 32 of the public Affiant further says that the said Press-Joumal is a newspaper published at Vero Beach, in records of Indian River County, said Indian River County, Florida, and that the said newspaper has heretofore been Florida. continuously published In said Indian River County, Florida, each daily and has been entered as A public hearing at which par- semnd class mail matter at the post office in Vero Beach, in said Indian River County, Florida, for a periad of ore year next preceding flue fust publication of the attached copy of ties in interest and citizens shall advertisement; and affiant further says that he has neither pad nor promised any person, firm have an opportunity to be heard, or corrporation any discount, rebate, commission or refund for the purpose of securing this will be hold by the Board of advertisement for publication In said newspaper. County Commissioners _of Indian itubscrfbed before me thisday of D. 19 River County, Florida, In the County Commission Chambers of d°°8r� ",°�Q�� • el/�C'111/ the County Administration Building, located at 1840 25th Street, Vero If = r: M1 cotl�s S 6 ; I� 't1 115, 9,971oddo on July 9.05 51 ,a611091 o �' at a.m. Anyone who may wish to Notary Public, State of Florida W) +Z0 •15 1 '.vb.' my Commission Exp. Jan. 01, 2001 appeal any decision which may be ------.. p�te�. Comm. No. CC 611092 .4% Comm. e d °• SAW'��. Personally Known ❑ orproduced ID ❑ '•."`°"'" made at this meeting will need to ensure that a verbatim record of °°°° Type at ID Produced the proceedings is made, which Includes testimony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPE- CIAL 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 -Carolyn K. Eggert, Chairman June 30, 1997 1112741 r RMY 15, 1997 fsQOK _M'_4 PAGE '69 13 B®OK 2 FACE 1 The Board reviewed a Memorandum of July 2, 1997: TO: James E. Chandler County Administrator D ION HEAD CONC NCE: obert M. Keating AICA Community Development) irector THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP X Senior Planner, Current Development DATE: July 2, 1997 SUBJECT: Philip A. Glaab's Request for a Partial Abandonment of Live Oak Drive Right -of -Way It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 15, 1997. D•a-RTPTTON AND rnNDTMTnNgi Philip A. Glaab has submitted a petition for the abandonment of a portion of Live Oak Drive right-of-way. The applicant is requesting abandonment of a 10' strip of right-of-way that is contiguous to his lot. The subject right-of-way segment is located on the southwest side of Live Oak Drive, approximately 160' southeast of the intersection of Live Oak Drive and Cathedral Oaks Drive, in the Orchid Island Unit 2 Subdivision (see attachment #2). The applicant is seeking abandonment of the 10' strip to create additional setback area that would accommodate a proposed addition to the front of his house. The Board is now to consider the proposed abandonment and approve, approve with conditions, or deny the request. ANALYATC = The existing 70' right-of-way for Live Oak Drive was created in 1960 via the Orchid Island Unit 2 subdivision plat. Although 60 feet is the current minimum right-of-way width standard for a local road designed with swale type drainage, some older subdivisions, such as Orchid Island Unit 2, were platted with 70' rights-of-way and constructed with a swale drainage system. Therefore, the width of the subject right-of-way could be reduced by 10' and still comply with the county's 60' standard. Also, the subject 10' strip, if abandoned as right-of-way, would remain as a utility and drainage easement as proposed by the attached abandonment resolution. The segment of right-of-way to be abandoned, where the subject lot is located, is unique within the Orchid Island Subdivision. The segment is located at a point along Live Oak Drive where the 18' paved road curves and shifts from the middle to the eastern edge of the right-of-way. Since the road is skewed within the right-of-way the actual roadway edge is located a significant distance from the applicant's front lot line. Thus, the distance from the nearest roadway edge is 35 to 50 feet from the applicant's front lot line, compared to a normal distance of about 251. Thus, in staff's opinion, this is a rare case in which an isolated segment of a 70' local road right-of-way can be abandoned without adverse right-of- way or setback alignment impacts. If the 10' right-of-way is abandoned, any proposed addition should have a setback from the edge of roadway that is similar to the rest of the homes in the area. JULY 15, 1997 Per guidelines established by the Board of County Commissioners, the petition was reviewed by all county divisions and utility providers having jurisdiction or potential interests within the right-of-way. All reviewing agencies and departments have recommended approval of the requested abandonment, with the reservation of an easement for utilities and drainage. This right- of-way is not part of the roadway system as noted on the County Thoroughfare Plan, and is not needed for the thoroughfare system. Granting the partial abandonment request would not affect the use of Live Oak Drive, or the right of convenient access to the subject property or to surrounding properties. Also, the County Attorney's Office has reviewed and approved the attached abandonment resolution for legal form and sufficiency. Based on the analysis, staff recommends that the Board of County Commissioners abandon its rights to the subject 10' right-of-way strip and authorize the chairman of the Board of County Commissioners to execute the attached abandonment resolution, with the following condition: That the entire 10' strip be reserved as a drainage and utility easement. 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 Adams, SECONDED by Commissioner Macht, the Board unanimously adopted Resolution 97- 069 providing for the closing, abandonment, vacation and discontinuance of a portion of Live Oak Drive adjacent to Lot 213, Orchid Island Subdivision Unit 2, said land lying in Indian River County, Florida. RESOLUTION NO. 97-69 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A PORTION OF LIVE OAR DRIVE ADJACENT TO LOT 213, ORCHID ISLAND SUBDIVISION UNIT 2 SAID, LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on March 11, 1997, Indian River County received a duly executed and documented petition from Philip A. Glaab of Vero Beach, Florida, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a portion of Live Oak Drive adjacent to Lot 213, Orchid Island Subdivision Unit 2, said lands lying in Indian River County, Florida. WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the board finds that the subject right-of-way is not a state or federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: JULY 15, 1997 BOOK ? Usk PAGE .71 15 6oITK 1,02 41a 7' RESOLUTION NO. 97-69 1. All right, title and interest of the County and the public in and to that certain right-of-way being known more particularly as: BEGIN AT THE NORTHEAST CORNER OF LOT 213, ORCHID ISLAND UNIT 2, AS RECORDED IN PLAT BOOK 6, PAGE 32 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RADIALLY NORTH 29013'56" EAST, A DISTANCE OF 10.00 FEET TO A POINT ON A CURVE, SAID CURVE BEING CONCAVE TO THE NORTH, THE RADIUS POINT OF WHICH BEARS NORTH 29013'56" EAST, A DISTANCE OF 1167.94 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06007'00" RIGHT, A DISTANCE OF 124.68 FEET; THENCE SOUTH 35020'56" WEST, A DISTANCE OF 10.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 213, SAID POINT ALSO BEING ON THE PLATTED SOUTH RIGHT-OF-WAY LINE OF LIVE OAK ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE THROUGH A CURVE CONCAVE TO THE NORTH, THE RADIUS POINT OF WHICH BEARS NORTH 35020'56" EAST, A DISTANCE OF 1177.94 FEET; THENCE EASTERLY THROUGH A CENTRAL ANGLE OF 06007'00" LEFT, A DISTANCE OF 125.75 FEET TO THE POINT OF BEGINNING. Lying in Indian River County, Florida. is hereby forever closed, abandoned, vacated, discontinued, renounced and disclaimed, except for a drainage and utility easement which is hereby reserved over the entire abandoned right- of-way. 2. The closing, vacation, abandonment, discontinuance and disclaimer of this public right-of-way is in the best interests of the public. 3. Notice of the adopting of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 4. This abandonment is subject to reservation by Indian River County of a drainage and utility easement for the above referenced 10' strip. 5. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. The foregoing resolution was offered by Commission Adams who moved its adoption. The motion was seconded by Commissioner Macht and upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice -Chairman John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 15 day of July , 1997. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLO IDA BY: Carol . Eggert hairman Board County issioners ATTEST: Jeffrey K. Barton, Clerk State of Florida Conn f ian River I HEREBY CERTIFY tha on this day, authorized in this State and County personally appeared CAROLYN K. EGGERT, JULY 15, 1997 M ft before me, an# officer duly to take acknowledgments, and*rTEFFREY K. BARTON, as M Chairman of the Board of County Commissioners and Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the sa e. *-'Pk-w ta.M.P6dmeLy Qs `De,Pw�,� c��ac 0 WITNESS my hand and off' ial eal in the County and State last aforesaid this _f day of A.D., 1997. Notary Publ' APPROVE TO PLANNING MATTERS BY: , ti PATH A L JONES 4 tnY c nssiox r CCON12 EXPIRES Robert M. Kea ing, ACP Fomm25, teas Director, Community ev pment iftr '`MM TMMFAN WMWF4W. Division 9.A.2.PUBLIC HEARING — RECONSIDERATION OF PROPOSED LDR AMENDMENTS: BANKS IN PRO (PROFESSIONAL, RESIDENTIAL, OFFICE) ZONING DISTRICT P.O. Box 1268 Vero Beach, Florida 32961 562-2315 MM Oft __" Prue Journal COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K. Hicks who on oath says that he is President of the Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida-, thatlei p billed to was published in said newspaper in the issue(s) of 61'83 Sworn to and subscribed before me this _Ad. day of '7— 7—c? r% A «�•••��..,_ President Si�DtU, A PKsca-I r. N(YrApY PLaac. My Comm. Expires "= Stn:., of F7oru3 ifs C:ym : .n Exp. AUyyst 23. 1e97 August 25. 1991 car:: a • .. `;a:^ ,� caT IO&;5 No. CC310tI45 __ Ssgr:ed lq fFQF•F��Q�,• /lotan^ S:n.T,r • A. PF:N:SC !1 _ . ....,.....r'' � JULY 15, 1997 17 NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Com- missioners of Indian River County, Florida shall hold, a public hearing at which parties in interest and citizens shall have an opportunity to be heard, in the County Commission Chambers of the County Administration Building located at 1840 25th Street, Vero Beach, Florida, on Tuesday, July 15, 1997 at 9:05 a.m. to consider the adoption of an Ordinance, addres- sing various land development regulations, entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 910, CONCURRENCY MANAGEMENT SYSTEM; CHAP- TER 911, ZONING; CHAPTER 912, SINGLE FAMILY DE- VELOPMENT; CHAPTER 954, OFF-STREET PARKING; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA, AND PROVIDING FOR REPEAL OF COW FLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. Said ordinance, if adopted, would be effective in the unin- corporated area of the county. Topics relating to the amendments contained in the pro- posed ordinance include, but are not limited to, the following: 1. Allowing non-commercial stables and kennels in the AIR -1 zoning district as administrative permit uses, as presently allowed in other single family residential districts (Chapters 911, 971). 2. Modifications to parking requirements for hotel/motel uses, gas station/sales uses, and health and fitness centers (Chapter 954). 3. Modifications to update concurrency regulations in conformance with comprehensive plan changes approved in 1996 (Chapter 910). 4. Allowing banks and financial/credit uses (Professional, Residential, Office) zoning (Chapter 911). A copy of the proposed ordinance is available at the Plan- ning Division office located on the second floor of the County Administration Building Please direct planning -related ques- tions to the current development section at 567-8000, ext. 242. 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 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 X 223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Carolyn K. Eggert, Chairman BQ9K 1602 PACE 7 The Board reviewed a Memorandum of June 27, 1997: TO: James E. Chandler County Administrator DDWYN HEAD CONCURRENCE: Robert M. Keating, AIPT Community Develop ent Dire/or .1.3 FROM: Stan Boling, AICP Planning Director DATE: June 27, 1997 SUBJECT: Reconsideration of Proposed LDR Amendments: Banks in the PRO District It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 15, 1997. At its June 10, 1997 meeting, the Board of County Commissioners considered four LDR amendments contained in a single, proposed ordinance. At that meeting, three of the amendments were recommended for approval and were acceptable to the Board. However, the amendment proposed by Peter Beuttell to allow banks and credit institutions as a permitted use in the PRO district was discussed at length. Sta$ the Professional Services Advisory Committee (by a 5-1 vote) and the Planning and Zoning Commission (unanimously) had recommended that the amendment be denied. At the Board meeting Architect John Dean, representing Mr. Beuttell, presented an amendment to the request. The amendment proposed allowing banks of limited size in the PRO district, subject to specific criteria and administrative permit use approval. After hearing Mr. Dean's presentation, the Board voted unanimously to refer the revised request back to the Planning and Zoning Commission and the PSAC (see attachment #2). As directed by the Board, staff has coordinated with the applicant and analyzed the proposed LDR amendment that would allow small-scale banks and credit institutions in the PRO district as an administrative permit use subject to specific criteria At its June 26, 1997 meeting,the PSAC discussed the revised proposal and the possibility of allowing small-scale banks as an administrative permit or special exception use in the PRO district. Some PSAC members thought that the revised proposal could work since a similar allowance in the City of Vero Beach's P.O.I. district seemed to work. However, most members expressed concerns that approving the proposal would stretch the intent of the district too far and set a precedent for allowing other general commercial uses in the PRO district. The PSAC voted 6-2 to deny allowing small-scale banks and credit institutions in the PRO district with special criteria. The Planning and Zoning Commission also met on June 26th to consider the revised request. At the meeting)the applicant again revised the request, proposing special exception rather than administrative permit use approval for small-scale banks in PRO. The Commission discussed various issues and alternatives at length but did not muster an official recommendation. A motion to recommend denial of the revised proposal failed 3-3. The Board of County Commissioners is now to consider the revised request and the remainder of the proposed ordinance and is to approve, approve with modifications, or reject the proposed ordinance. ANALYSIS: Staffs original position is unchanged: banks (even small-scale banks) should not be allowed in the PRO district as a permitted, administrative permit use, or special exception use. However, it is also staff s position that, if the county approves an allowance for banks in the PRO district, the proposed IDR change presented in Part 4 of the attached, proposed ordinance is the proper way to implement the revised request. As stated in staffs previous presentations, the county's commercial zoning districts allow a spectrum of uses based on general intensity, other land use characteristics, and compatibility. The PRO district is the least intense, least "commercial" in character, and most residentially compatible commercial district in the county's LDRs. Consequently, the PRO district currently allows single-family residential and a limited range of commercial uses, not the broad range of uses allowed in the more intensive and general commercial districts (see attachment #3). JULY 15, 1997 In evaluating whether or not small-scale banks with drive-in facilities are appropriate in the PRO district, the applicant has rightly stated that such facilities are similar to other office uses in terms of hours of operation and deliveries, and can be limited in size so as to roughly equate to the traffic generation/attraction intensity of a larger, allowable general office use. However, in staffs opinion the drive-in facility aspect of the proposed use is a characteristic not similar to other allowable PRO district uses. In fact, staff has stated before the PSAC and the Planning and Zoning Commission that a bank without a drive-through facility could be appropriate in the PRO district. However, allowing drive-through facilities, which are a necessary component of branch bank facilities, represents a more intensive commercial use characteristic that is not appropriate in the PRO district, but is appropriate in the other, more intensive and more general commercial zoning districts.. Although the proposed amendment represents a fairly minor change in the characteristics of commercial development allowed in the PRO district, such an amendment blurs the distinctions between the PRO and other commercial zoning districts. Although distinctions are subtle "at the edges" of zoning district categories, some distinctions are necessary to maintain the character of a district and its resulting relationship with surrounding districts. Also, allowing a "higher commercial use" such as a bank in the PRO district would set a precedent for other higher commercial uses in the PRO district. Such other uses may have much lower traffic intensity than a bank but have characteristics that are not appropriate in the PRO district (e.g. automotive repair, storage). Therefore, it is staffs position that the proposed change, though controlled through specific criteria, would inappropriately change the character of uses allowed in the PRO district. If adopted, the proposed amendment will allow drive-in banks on some residentially designated properties. In staff's opinion, such an allowance is not in accord with the purpose and intent of the PRO district and would open the door for other inappropriate general commercial uses in the PRO district. The proposed change (see attachment #4; Part 4) would limit the location and extent of banks and credit institutions within PRO districts. By limiting bank sites to urban principal arterial roads, the PRO -zoned sites on SR 60 and 17th Street would be the only existing PRO sites that banks would be allowed on. No such facilities would be allowed on the 43rd Avenue PRO sites. Also, as proposed, a bank in the PRO district would be limited to 3,000 square feet and 3 drive-in lanes and would be located on a development site at least one acre in size. Such criteria would limit a proliferation of banks in PRO (1 bank per acre) and would limit a bank's size to a "small-scale" facility. In addition, special buffering and landscape criteria are proposed that would help mitigate the increased intensity of small-scale banks by providing greater separation distances and vegetation between banks and adjacent roadways and residential properties. Although the applicant has proposed some other additional criteria, including a restriction to allow nothing other than a 3,000 square foot bank and drive-through facilities on a 1 acre area of development, it is staffs opinion that criteria should be applied in a manner that addresses bank size and buffering/special setbacks but that also encourages the more desirable professional office and residential uses already allowed in the PRO district. Criteria should be avoided that would crowd -out "traditional" PRO uses, leaving only the lucrative bank use one acre sites. Staff recommends that the Board of County Commissioners deny the proposal to allow small-scale bank and credit institutions in the PRO district and adopt the proposed ordinance with Part 4 deleted. I& however, the Board supports allowing banks in the PRO district, then staff recommends that such an allowance be implemented by adopting the proposed ordinance, including Part 4. Director Boling reviewed the Memorandum and advised that the PSAC had voted 6-2 to deny and the P&Z had a 3-3 failed motion. Commissioner Adams wanted to know whether those discussions involved a drive-through and projected generated trips, and Director Boling stated that the applicant had acknowledged the new bank would have a drive-through. JULY 15, 1997 890K IA? PACE 75 19 BOOK PACE The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. John Dean, representing the owner of the property reviewed the following: PRO Special Exception Request Limited size Banks and Financial / Credit uses Located in the PRO zoning district Requested by the Owner Representatives Peter Beuttell and John Dean Architect This request Is an increase to the spectrum of allowable limited uses In PRO zoned properties. john h. dean architect & associates, p.a., a.i.a. June 9, 1997 (Revised 6/27/97) This original application for this Special Exception request would have been better handled if we had applied for a Special Exception rather than a Permitted Use. As it is now, both the PSAC and the Planning and Zoning Commission voted not to recommend the Board of County Commission to support the Permitted Use request. However the recent planning and zoning vote was a three to three tie. What is before you now is not the same request, but a revised request, which modifies the Permitted Use request to a Special Exception request. There is a big difference between a Permitted Use request and a Special Exception request. It is our belief that the Special Exception request is a proper and fitting Use request for the four'of the five parcels of PRO land in our County and that, should any other PRO designation be made in the future by Indian River County on urban principal arterial roads, this Special Exception would be compatible with the intended use of the PRO zone, It also allows for public input should anyone feel the special exception should not be granted. The intended purpose of the PRO zone is by County Code. (a) PRO: Professional office district. The PRO, professional office district, Is designed to encourage the development of vacant land and the redevelopment of blighted or declining residential areas along major thoroughfares in selected areas of the county. The selected areas will be deemed as no longer appropriate for strictly single-family use but which are not considered appropriate for a broad range or commercial uses, as permitted in a commercial zoning district. The PRO district may serve as a buffer between commercial and residential uses or be established in areas in transition from single-family to more intensive land uses. The PRO district shall be limited in size so as not to create or significantly extend strip commercial development. JULY 15, 1997 It is our belief that if the §j7& and I gWg of a bank or credit institution is administratively limited, as we have listed in our amended Special Exception request, the requested use is entirely compatible with the presently allowable PRO uses which include: Security and commodity brokers (banks do securities) Insurance agents, brokers, and service (banks sell insurance and broker securities) Real estate Holding and other investment offices (banks do investments) Legal services Bed and breakfast Advertising Credit reporting and collection (banks do credit collecting) Employment agencies Computer and data processing General and professional offices (banks are offices) Health and medical services offices and clinics Places of worship Cultural and civic facilities Emergency services Libraries Post offices Administrative approved uses of child and adult care Government and administrative buildings Limited public or private utilities 'Unless the Lord build the house they labor in vain that build it.' Psalm. 127 2223 10th Avenue, Vero Beach, Florida 32960 (561) 567-4907 / Fax: 569-3939 We believe that banks are offices and are not retail in nature. The key here is that our Special Exception request will limit the size of building and minimum land use area for the facility. The Special Exception request is very definitive and, not only limits the size of the facility, but requires a high land use area for the use. The Special Exception request requirements define a small neighborhood bank which is compatible with all the PRO uses allowed and is not a large, high intensity use facility, as is permitted in CN, CL, or CG zoned areas. OUR PRO SITE Northwest corner of 74th Avenue and Route 60 - North side of road. View From Route 60 North across our three acre site. View to West and North of our PRO lot is a six foot high solid wall which separates the property from the adjacent Indian River Estates. P T J4, f ,lnY Sealed sweet is directly across Route 60 just South of our PRO lot. Sealed Sweet is zoned CN. JULY 15, 1997�pp E'a I_i,F" AGE 6 i 21 ', 'ap ,�,�+.r l 4 ".',' firq OUR PRO SITE Northwest corner of 74th Avenue and Route 60 - North side of road. Looking East on Route 60. Traffic!! Directly east is 74th Avenue. Across 74th Avenue is the west side of Village Green. Looking West on Route 60. Traffic!! Directly West is a six foot high Indian River Estates buffer wall. Looking directly North is Indian River Estates six foot high buffer wall. The type of Bank we want as a Special Administrative use is the office size of First Union on Route 60 next to Cambridge Park but not with five drive thru lanes. Just three lanes is our suggested limitation. Sun Trust Bank on Route 60 in Vero Beach with a maximum of three drive thru lanes serves as a prototype. This facility is one story in height, is less then 3000 square feet in area, and is a prime example of the neighborhood branch bank the request will allow. CONCLUSION We have introduced some new information regarding Mr. Beuttell's original Permitted Use request. There are many safeguards built in this Special Exception request before you. Since this request takes two public hearings, we request that this Commission either approve this Special Exception request as is, or request us to work with the Planning Staff to further tailor the Special Exception conditions so that the Planning Staff is comfortable with the request for final presentation at the next Commission meeting. JULY 15, 1997 Mr. Dean thanked the Board and commented that this use will enable the owner to develop the property to its highest and best use. Chairman Eggert questioned staffs concern about the traffic, and Director Keating responded that staff is not primarily concerned about traffic; but rather that certain high intensity uses should be located at nodes. The site should not be limited to just a bank because the property can accommodate more usage. Director Boling felt a mixture of offices and a bank in the same building would be a better usage ofthe property. Peter Beuttell stated that his personal preference is for an administrative approval rather than a special exception use. The Chairman asked if anyone else wished to be heard in this matter. There being none, she closed the public hearing. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Adams, the Board, by a 4-1 vote (Commissioner Ginn opposed) adopted Ordinance 97-021 amending the following Chapters of the Land Development Regulations (LDRs); Chapter 910, Concurrency Management System; Chapter 911, Zoning, Chapter 954, Off -Street Parking, Chapter 971, Regulations for Specific Land Use Criteria; and providing for repeal of conflicting provisions, codification, severability and effective date. Commissioner Macht wanted it understood that this action by the Board is not a reflection on staff s recommendations. Commissioner Ginn recognized that Mr. Dean and Mr. Beuttell have taken great pains with their plans but felt she should support staffs recommendations due to her pledge of no further commercialization of the area. JULY 15, 1997 BOOK IM' PAGE � 23 WK M) PAGE 80 ORDINANCE NO. 97- 21 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 910, CONCURRENCY MANAGEMENT SYSTEM; CHAPTER 911, ZONING; CHAPTER 954, OFF- STREET PARKING; 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 land development regulations (LDRs) be amended as follows: PART 1. Non-commercial kennels and stables in the AIR -1 district. A. The LDR section 911.13(4) use table is hereby amended in part, to read as follows: Agricultural Uses AIR -1 Non-commercial kennel A Non-commercial stable A B. LDR section 971.08(8) is hereby amended to read as follows: (8) Kennel and animal boarding places, non-commercial (administrative permit). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): RS -1, RS -2, RS -3, RS -6, ROSE -4, AIR -1. (b) Additional information requirements: The applicant shall submit a signed affidavit stating that no remuneration or other valuable consideration is or will be received for the raising, boarding, transfer, or sale of the animals to be kept on the premises, or for sale of their by- products; 2. A statement from the applicant describing the number and type of animals which will be kept on the premises, whether such animals are subject to federal, state or local licensing or registration requirements, and if so, whether such licensing or registration has occurred, together with license or registration numbers, 3. A site plan, pursuant to the requirements of Chapter 914. C. LDR Section 971.08(12) is hereby amended to read as follows: (12) Stables, non-commercial (admiAistrative permit: no planning and zoning commission review or approval required if associated with a site plan reviewed as an eve approval or minor site plan). (a) Districts requiring administrative permit approval, (pursuant to the Provisions of 971.04): Con -3, Con -2, RFD, RS -1, RS -2, RS -3, RS - 6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10, ROSE -4, AIR -1. (b) Additional information requirements: The applicant shall submit a site plan which shall show the location of all existing and proposed structures and the location of any fences, and all other information required in Chapter 914. (c) Criteria for non-commercial stables: Non-commercial stables shall be allowed in nonagricultural districts only as an accessory use; 2. Such uses shall be located on lots having an area no less than two (2) acres; RMY 15, 1997 ORDINANCE NO. 97 _21 The number of horses shall not exceed one per acre; 4. Enclosed structures, such as barns, shall have a minimum setback of fifty (50) feet from any property lines; 5. The applicant shall provide a fence which has a minimum height of four (4) feet and totally encloses the property to be used in association with the stable. PART 2. Parking Requirements Modifications A. LDR Section 954.05(22) for gas station parking is hereby amended to read as follows: (22) Gas stations.One space at each fueling position. The space cannot conflict with the overall traffic circulation system for the site. (a) With automotive repair. >ts:tu. (4).piay�. plittsctsts (s..dg tte One space per 400 sq afire feet of building area devoted to_automotive repair in addition to U With fast food with drive through: One space per 100 square feet of gross floor area devoted to fast food in addition to spaces required for other uses. The spaces catmot conflict with the overall traffic circulation system for the site. (irk With accessory car washes, parking and/or queuing as specified for car washes shall be provided in addition to the requirements for gas stations. LDR Section 954.05 for health and fitness center parking is hereby amended to establish a standard for health and fitness centers, to read as follows: (27.1) Health & Fitness Center: One aRace per 200 square feet of building area for any health and fitness center without outdoor facilities (e.g. poolstennis courts. etc.). One space per 300 square feet of building area for centers with outdoor facilities, plus additional spaces as required based on the type of outdoor facilities C. LDR Section 954.05(29) for hotel and motel parking is hereby amended to read as follows: (29) Hotels and motels. One.and>Ibre tenft (I 311fl) gxu=.Per.rwtable room, One space per rentable room. plus one space for each three (3) seats for accessory restaurant or lounge area. PART 3. Concurrency Regulations Update A LDR section 910.09(1)(a) is hereby amended to read as follows: (a) Sm1my sewer card potable water supply. The sanitary sewer and potable water portion of the concurrency management data base will consist of updated information regarding supply and demand for each sanitary sewer JULY 153, 1997 11 BOOK -16.0141 PAGE 81 25 A' r� BQOK L U, PACE ORDINANCE NO. 97- 21 or potable water facility. The resulting balance (supply demand) will constitute the available capacity for each facility. No concurrency determination certificate will be issued when the available capacity is less than demand projected to be generated by a proposed application. For purposes of evaluating concurrency determination applications, the supply (capacity of a facility) shall be determined by adding together: 1. The total existing opacity of the facility: a. Design opacity of the sanitary sewer treatment plant measured by gallons per day for sanitary sewer facilities; b. Design opacity of the potable water plant measured by gallons per day for potable water facilities; and 2. The total opacity of proposed improvements to the facility or the total opacity of proposed facilities, if any, that will become available within the service area., Thecapgc�iEy t}fpmposed #,rp if one or more of the following is demonstrated: a. Construction of the new facilities is underway at the time the application for the concurrency determination is being evaluated; b. The new facilities are the subject of a binding executed contract for the construction of the facilities or the provision of services at the time the application for concurrency determination is being evaluated; C. The new facilities have been included in the adopted Indian River County Capital Budget for the fiscal year in effect at the time the application for the concurrency determination is being evaluated; d. The new facilities are guaranteed in an enforceable development agreement for the development under consideration. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220 et seq., Florida Statutes. Such facilities shall be consistent with the Capital Improvements Element of the Indian River County Comprehensive Plan, as it may be amended from time to time; e. The new facilities are guaranteed in an enforceable development agreement for a development different than the one under consideration, provided that the new facilities are the subject of a binding executed contract for construction with a start date during the fiscal year in effect at the time the application for the concurrency determination is being evaluated,Lor f. A development order or permit is issued subject to the condition that the necessary facilities and services will be in place and available at the time of the issuance of a Certificate of Occupancy., B. LDR Section 910.09(2)(a) is hereby amended to read as follows: (a) Solid waste available capacity. Due to the fact that there is only one landfill which serves the entire county, monitoring of the available facility capacity for solid waste is less complicated than other components of the concurrency management systems. Based on projected demands and landfill opacity_ tThe entire county has been pre -approved until October 1. 2002 *iImo, tnt(ess:.conditions.change'based :onthe:repmu rec}utred3 s�tion 9t?fh) 4 anti 5>ofthis:reguiation or:the y*Outamctorncdves a.leiter from the solid: waste disp l ctreque g reviewafthe..project. -To:: rthe:sdlid:.waste JULY 15, 1997 ® M ORDINANCE NO. 97 _Z1 C. LDR Section 910.09(3)(a) is hereby amended to read as follows: (a) Recreation supply. Recreation supply can be determined by adding together: The total park acreage of existing parks by type by park district; and 2. The total park acreage of proposed parks by type by park district if a )f$gltt t The proposed park is the subject of a binding executed contract providing for cctmmencettient::.Of 000tructicUl r property acquisition within one year of issuance of the Certificate of Occupancy; or b. Facility. expansion or property<acguisition The proposed park is guaranteed in an enforceable development agreement providing for faci*expansionfproperty acquisition within one year of the issuance of the Certificate of Occupanc}_. D. LDR Section 910.09(4)(a) is hereby amended to read as follows: (a) Trwuporza ion supply (capacity). Transportation supply must be determined on a segment by segment basis. For concurrency purposes, all segments on the county's thoroughfare plan must be considered. Capacity for segments will be based either on FDOT's generalized capacity tables or individual segment capacity studies approved by the public works director pursuant to the criteria specified in Chapter 952, Traffic. Transportation supply for each segment is: The segment's existing peak hour, peak season, peak direction capacity, or 2. The segment's new roadway capacity if facility expansion for the segment is proposed and if: n,ems.aayraf#aEte. rate ia.refer nc�t.in la. F;tsmciudig.in.hety'sfve�year hedoie.f coital tatpravetnents:and �$n0 driatprsortstruction:sa 'hbv:<the JULY 153, 1997 BOOK U FACE 8 F1] ORDINANCE NO. 97-21 BDOK PACE 8 a. at the time the development order or permit is issued. the facility is in place or under construction_ or b the coua grants conditional project approval such that a development order or permit is issued subject to the conditions that the transportation facilities needed to serve the new development are included in Capital Improvements Element Table 13.24. the county's adopted five-year schedule of primo =Mortation capital .improvements, and are scheduled to be in place or under actual construction not more than two years after issuance of a certificate of occupaW for the development By reference. the schedule of capital improvements recognizes and includes transportation proiects included in the first three years of the applicable, ado iqd, Florida Department of Transportation five year work program Table 13.24 also includes the estimated date for the commencement_of actual construction and the estimated date of completion for each of the transportation mW l�migroveme , Where a development order or R mit is issued pursuant to the provisions of this section. the development order or Rgaph shall include a condition that a comprehensive plan amendment will be required to eliminate defer. or delay construction of anLtra Mrtauon facility oprovement which is listed in the comprehensive plan's five-ygar schedule of capital improvements. and which is needed to maintain the adolged level of service standard for roadway serpents impacted by the project. In approving a development permit the cog= M impose conditions requiring that transportation facilities necessary to serve the project be in place or under construction by a date certain which shall not exceed two years from the issuance of a certificate of occupy: or C. at the time a development order or permit is issued. the necessary_ =Wrtation facilities are the subject of a binding executed agreement which requires the necessary transportation facilities to serve the new development to be unlace or under construction not more than two years after the issuance of a certificate of oMWpcy- for the development. In approving a binding executed agreement the county jmp_gse conditions mguiring that transportation facilities necessary to serve the project be in place or under construction by a date certain which shall not exceed two vears from the issuance of a certificate of occupancy: or d. at the time a development order or permit is issued. the necesM transportation facilities are guaranteed in an enforceable development agreement pursuant to Section 163.3220. F.S.. or an agreement or development order issued Rursuant to Chapter 380. F.S.. to be in place or under actual construction not more two years after issuance of a certificate of occupangy for the development. In approving a development agreement the county impose conditions requiring that transportation facilities necessary to serve the project be in place or under construction by a date certain which shall not exceed two years from the issuance of a certificate of occupancy JULY 15, 1997 ORDINANCE NO. 97- 21 E. LDR Section 910.09(5)(a)2 is hereby amended to read as follows: 2. The new maximum discharge rate per acre throughout the basin or sub - basin, if new drainage facilities or drainage facility improvements are proposed within the basin or sub -basin. Proposed new drainage facilities or drainage facility improvements shall be considered in determining a new maximum discharge rate only if one or more of the following is demonstrated: a. Construction of the new facilities is underway at the time the application for the concurrency determination is being evaluated; b. The new facilities are the subject of a binding executed contract for the construction of the facilities or the provision or services at the time the application for the concurrency determination is being evaluated; C. The new facilities have been included in the adopted Indian River County Capital Budget for the fiscal year in effect at the time the application for the concurrency determination is being evaluated; d. The new facilities are guaranteed in an enforceable development agreement for the concurrency determination application under consideration. An enforceable developmew agreement may include, but is not limited to, development agreements pursuant to Section 163.3220 et seq., Florida Statutes. Such facilities shall be consistent with the capital improvements element of the Indian River County Comprehensive Plan, as it may be amended from time to time; or e. The new facilities are guaranteed in an enforceable development agreement for a development different than the one under consideration, provided that the new facilities are the subject of a binding executed contract for construction of the facilities with a construction start date during the fiscal year in effect at the time the application for the concurrency determination is being evaluated.; or A develg== order or permit is issued subject to the condition that the necessary facilities and services win be in place and available at the time of the issuance of a Certificate of Occupancy., PART 4. Small -Scale Banks in the PRO District JULY 15, 1997 A. A portion of the use table of LDR Section 911.10(4) is hereby amended to read as follows: PRO OCR MED CN CL CG CH Finance, Insurance, Real Estate, Legal Services Banks & credit institutions - P - P P P - Small-scale banks & credit institutions A P - P P P P Security & commodity brokers P P - P P P - Insurance agents, brokers & service P P - P P P _ Automatic teller machines P P P P P P - B. LDR Section 971.13(4) is hereby established, to read as follows: u Small-scale banks and credit institutions in the PRO district. ! aZ District requiring administrative permrt�pproval (pursuant to the provisions of section 971.04): PRO 29 M BOOK 10421 PACE Sa ORDINANCE NO. 97- 21 bit Additional informational recluiremems• 1. Graphics and calculations on the vroiect site Dian demonstrating compliance with the special criteria listed under (c.. below. ,(c� Small-scale banks or credit institutions may be allowed on a PRO - zoned site upon satisfaction of the following criteria: 1. The site upon which the bank or credit institution is to be developed shall front on an urban principal arterial road 2. The developmenparcel containing the small-scale bank or credit institution shall be at least one acre in size 3.• my one small-scale bank or credit institution shall be allowed on arty individual development parcel and said bank or institution shall be limited to a building area ,gross encloses air-conditioned or hued area) of no more than 3,000 square feet with no more than 3 drive -up stations Other uses allowed in the PRO district may be developed on the same site or in the same building as the small-scale bank or credit institution. I AAWN= gip having a minimum depth of 20' and meeting the SR 60 road buffer requirements of the SR 60 Corridor Plan, shall be provided between arty adjacent road right-of-waway and the small-scale bank or credit institution building and related improvements 5. Between arty small-scale bank or credit institution and a residentially designated Qroperty there shall be a collector or arterial roadway or a Type "B" buffer with 6' opaque feature. 6. At least 15% of the parking area (dnveways and parking spaces) of a small-scale bank or credit institution shall be landscaped. PART 5. 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. PART 6. 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. PART 7. 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. PART S. 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 15_ day of Jul v 1997. JULY 15, 1997 ORDINANCE NO. 97- 21 This ordinance was advertised in the Vero Beach Press -Journal on the 2 day of June 1997, and on the 6 day of July , 1997, for public hearings to be held on the in day of June , 1997, and on the 5 day of July , 1997 at which time at the final hearing it was moved for adoption by Commissioner Ti ooi n , seconded by Commissioner Adams , and adopted by the following vote; Chairman Carolyn K. Eggert Aye Vice Chairman John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Nay Commissioner Kenneth R. Macht Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Carolyn K. H4gert, c ATTEST BY: 14- ,�effr Clerk Acknowledgment by the Department of State of the State of Florida this 24th day of JUY 1997. Effective Date: Filed with the Department of State on the qday of July 1997. APPROVED AS TO LEGAL FORM �✓ 'T Ll�'CiL•� William G. Collins Deputy County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, CP Community Developm Dir Coding: Words in blocked ut type are deletions from existing law. Words underlined are additions. JULY 15, 1997 31 BOOK I ;1! PJACE D �QOK I R2 RAGE 11.A. COMMUNITY DEVELOPMENT - FLORIDAFFINITY, INC. - PROFESSIONAL SERVICES RELATING TO ENVIRONMENTAL LAND ACQUISITION - REQUEST FOR ONE-YEAR CONTRACT EXTENSION The Board reviewed a Memorandum of July 9, 1997: TO: James E. Chandler County Administrator Dzp�NT HEAD C9PCI Rff NCE: n /1 � n J Robert M. Keating, AICF Community Development Dir or FROM: Roland M. DeBloisiAICP Chief, Environmental Planning DATE: July 9, 1997 RE: Request for Board Approval of a One -Year Contract Extension with FloridAffmity, Inc., for Professional Services Relating to Environmental Land Acquisition It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 15, 1997. DESCRIPTION AND CONDITIONS The Board of County Commissioners, at its regular meeting on August 2, 1994, approved a 3 -year contract with FloridAffmity, Inc., for environmental land acquisition and management planning services. Section 4.01 of the contract provides that the County, if desired, may renew the contract for one year periods up to a maximum of three years. Staff is requesting that the Board renew the contract with FloridAffmity, Inc., for a one year period to allow for continuing professional services assistance for the County Environmental Lands Program. ALTERNATIVES & ANALYSIS Since the County originally contracted with F1oridAffinity in August, 1994, the County has succeeded in acquiring 10 environmental properties (± 900 acres). Moreover, in each acquisition to date, the County has secured cost -share funds from other agencies, totaling over $9 million in matching funds. Thus far, the County has spent approximately $10 million of the not -to -exceed $26 million in environmental land bond funds approved by County voters in November, 1992. There are currently 19 properties on the County Land Acquisition Advisory Committee's (LAAC's) annual list of acquisition sites. A number of those sites are under negotiation, including some with approved cost -share funding agreements with state agencies (e.g., the Lost Tree Islands, Round Island South, and the Flinn Tract on south Indian River Boulevard). Staffs position is that F1oridAffnity has done a competent, efficient job in its negotiations with property owners, and in coordinating with cost -share agencies. In addition to acquisition services, JULY 15, 1997 88 - M F1oridAffinity and its associates have substantially assisted the County in drafting 6 management plans for acquired properties, and there will be a need for more management planning assistance in the coming year. Extension of the contract is important if the County is to complete its acquisition of lands under the environmental lands program. With reference to pending acquisitions, Staff thinks there is a strong possibility that overall acquisition of environmental lands under the bond program will be completed within one year, and therefore staff expects there will not be a need to renew the contract a second time. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize the Board chairman to execute the attached one-year "Extension of Agreement for Professional Services Between Indian River County and FloridAff pity, Inc." Commissioner Ginn expressed her concern that the original records and audits are being maintained by the company rather than the County. She felt these are public documents for which the County is custodian and should be kept in this building. Environmental Planning Chief Roland DeBlois advised that all documents are faxed to staff prior to their use to make sure staff is in agreement. Commissioner Macht stated that Assistant County Attorney Tent' O'Brien also keeps a complete record. Tim Gmnse was recognized by the Chair and stated that this issue pertains to the $26,000,000 land acquisition funds approved by the electorate. He felt that the backup provided does not specifically address this fact and wanted the public to be aware. Chairman Eggert emphasized that these funds are not a part of those monies and that Mr. Granse is aware of that as he is on the Land Acquisition Committee and has all of the information Joan Johnson, 535 39th Court SW, emphasized that if the County is custodian of these records, they must have the originals, not FAX copies. Chairman Eggert stressed that County staff are sticklers regarding these matters and make certain that originals are retained. JULY 15, 1997 ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously approved the Extension of Agreement for Professional Services with F1oridAffinity, Inc. and authorized the Chairman to execute same, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE C•1:. • 1:13-1197411,110, 33 BOOK i� ` FACE 11A - EMERGENCY SERVICES - LOGISTIC SYSTEMS INC. - CONTRACT FOR 911 COMPUTER AIDED DISPATCH (CAD) SYSTEM The Board reviewed a Memorandum of July 7, 1997: TO: Honorable Board of County Commissioners THROUGH: Jim Chandler, County Administrator FROM: Doug Wright, Director Emergency Services DATE: July 7, 1997 SUBJECT: Approval Of Contract For 9-1-1 Computer Aided Dispatch (CAD) System Between Logistic Systems, Inc., And Indian River County On December 9, 1996, the Board of County Commissioners authorized staff to negotiate with Logistic Systems, Inc., for a contract to provide a 9-1-1 Computer Aided Dispatch (CAD) System for the Indian River County Public Safety Answering Point (PSAP) locoed at the Sheriff's Department. The Board also approved at the same meeting a contract with Barry Strock Consulting Services, Inc., to provide consulting services associated with assisting staff in negotiating this complex systems contract for a fully integrated CAD and geofile system for use by public safety agencies. For several months staff from Indian River County and the City of Vero Beach have been working very closely in this endeavor for the purpose of negotiating a common CAD system to the maximum extent possible. The contracts are very similar in form except for specific needs or unique features relating to certain parts of the system hardware and software. The result of this effort has been a reduction in overall costs of the two CAD systems as well as a reduction in the recurring costs related to maintenance and software updates. The proposed contract with Logistic Systems, Inc., is in the amount of $358,950. Staff is also requesting a contingency fund of $15,000 for a total project cost of $373,950. The source of funding for this project is from the 9-1-1 Surcharge Fund (50 cents per phone line) which has been accumulating in a capital equipment account since December 22, 1987, when the Board approved the creation of the account for 9-1-1 capital equipment expenditures as provided for in Chapter 365.171, Florida Statutes. Any contingency funds not required for the project will be returned to the Office of Management and Budget. The contract negotiated is very favorable to the County and for reasons related to brevity, only the more salient points are alluded to below: 1. Two increases in computer hardware have occurred over the past year; however, through intense negotiations, staff was able to obtain unit prices which existed prior to the increases and which will be valid for a period of two years. 2. The Performance Bond remains in force for one year after final acceptance of all software modules. 3. Vendor serves as the "single source" of any problem resolution for hardware, peripherals, software, or communications equipment. 4. To preclude another situation such as the County finds itself in now, the software source code will be placed in escrow and made available to the County in the event the Vendor is sold, merged, bankrupted, or ceases to operate as a viable business entity or no longer offers the ability to provide services to the County for support and maintenance of the application software. Each time the application software source code is updated, the Vendor must update the application source code held in escrow. JULY 15, 1997 5. With minimal stipulations, the Vendor warrants and guarantees the "sizing" of the base system for five years beginning with the date of acceptance of the CAD system. 6. The contract includes creation of a geofile with full CAD integration. 7. The contract includes a message switch, message switch interface, and software to enable migration to MDT's by public safety entities in the future. It should also be noted that the City of Vero Beach will consider the approval of a contract with Logistic Systems, Inc., for a CAD/RMS System on July 15, 1997. The relationship of the County and the City of Vero Beach in jointly participating in this endeavor has reduced the cost of the system and reduced long term recurring costs associated with hardware and software maintenance expenses. A background investigation has been completed on the two principals associated with Logistic Systems, Inc., and no unfavorable information was discovered. Two staff members from the City of Vero Beach negotiating team (Captain Don Dappen and Information Systems Manager Nancy Reichardt) also traveled to Missoula, Montana, and personally reviewed company operations, talked with staff at random, and toured the various departments. They were favorably impressed about the company in terms of its administrative, support, and technical capabilities. It should also be noted that the contract with Barry Strock Consulting Services, Inc., was approved by the Board in the amount of $13,000. Expenditures to date have amounted to only $5,827.27 as a result of cooperation between the City and the County in sharing the expenses of the consultant and staff doing a substantial amount of work on the contract.. Staff expects one final invoice from Barry Strock for a small amount of money and it is anticipated that approximately $7,000 will be returned to the Budget Director for use as the Board deems appropriate. ALTERNATIVES AND ANALYSIS: As stated in the agenda item presented to the Board on November 7, 1995, when the RFP for a CAD System was approved, the CAD System in use at the 9-1-1 Center was developed in the early 1980's using specifications and funds from a consortium of eleven different agencies, including Indian River County, and was coordinated by the Police Department of St. Louis County, Missouri. At this time, Indian River County is the only remaining agency using this outdated software technology in a 9-1-1 environment. There are deficiencies in the consortium software that have never been corrected and the system is basic at best. The software developer is not interested in improving the existing CAD system inasmuch as Indian River County is the only user, and the County does not have access to the source codes for further software development since the codes are owned by another entity. RECOIVEWENDATION: Staff recommends the Board approve the proposed contract between Logistic Systems, Inc., and Indian River County with funding from the 9-1-1 Surcharge Capital Equipment account in the amount of $358,950 and a contingency fund of $15,000 for a total amount of $373,950 with authorization for the Chairman to sign the necessary documents associated with the contract. Staff also requests the Board approve the necessary budget amendment to appropriate and expend the funds alluded to above. JULY 15, 1997 NOK 1021 PKE 01 35 i 9GK -102 PAGE 92 ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved the contract with Logistic Systems, Inc. with funding from the 9-1-1 Surcharge Capital Equipment Account in the amount of $358,950 and a contingency fund of $15,000 for a total amount of $373,950; authorized the Chairman to execute the necessary documents; and approved the necessary budget amendment to appropriate and expend these funds, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.H. - UTILITIES - EINGSWAY SUBDIVISION PETMON WATER SERVICE (35TH STREET, 36' PLACE, 36' LANE AND 57' AVENUE) The Board reviewed a Memorandum of July 3, 1997: DATE: JULY 3, 1997 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: JAMES W. DAVIS, P.E. INTERIM DIRECTOR OF UTILITY SERVICES PREPARED JAMES D. CHAS*IIIERVICES AND STAFFED MANAGER OF ASROJECTS BY: DEPARTMENT OF SUBJECT: KINGSWAY SUBDIVISION PETITION WATER SERVICE INDIAN RIVER COUNTY PROJECT NO. UW -97 -09 -DS BACKGROUND A petition has been received from the residents of Kingsway Subdivision (35th Street, 36th Place, 36th Lane and 57th Avenue, east of 58th Avenue/Kings Highway) requesting the County to supply potable water to its residents. We are now coming to the Board of County Commissioners to seek approval to begin design of the above- mentioned project. (See attached petition and plat map.) ANALYSIS Of the subdivision's 31 lots, 5 have previously connected to County water. The 5 connected signed temporary service agreements (copies attached) contain a clause whereby the property owners agree to be included when a special assessment project is approved to bring a water system into the subdivision to benefit and provide availability of services to all properties in the subdivision. Twenty-four of the lots are .50 (1/2 acre) and less; 7 of the lots are slightly greater than .50 (1/2 acre). The attached petition is supported with 15 signatures together with the 5 agreements, for a total of 20,•or 65%. The attached map displays the area to benefit from the assessment project. This project is to be paid through the assessment of property owners along the proposed water line route. In the interim, financing will be from the assessment fund. Design services will be provided by the Department of Utility Services. JULY 15, 1997 The staff of the Department of Utility Services requests authorization for the Department to proceed with the design engineering work in preparation for the special assessment project. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippet, the Board unanimously authorized staff to proceed with the design engineering work in preparation for the special assessment project, as recommended by staff. 12. LUNDBERG ROAD RELOCATION/ASSOCIATED EASEMENTS - MAPLE LEAF PROPERTIES, INC. - SIDNEY M. BANACK, JR. - HOME DEPOT The Board reviewed a Memorandum of July 11, 1997: TO: The Board of County Commissioners FROM: pf-,"William G. Collins II- Deputy County Attorney DATE: July 11, 1997 SUBJECT: Lundberg Road Relocation/Associated Easements BACKGROUND On November 5, 1996 the Board of County Commissioners by Resolution No. 96-134 approved an exchange of lands with Sidney M. Banack. The County agreed to deed old Lundberg Road lying immediately north of the Main Relief Canal in exchange for 60 feet of property at the north end of Mr. Banack's property, as well as additional right-of-way for the widening of King's Highway. Lundberg Road provides access to the Mueller Campus of Indian River Community College, and the relocation provides for a safer intersection and access. That resolution provided that each party to the exchange would convey "good and marketable title, free of any encumbrances". Subsequent to the exchange agreement, in the first half of 1997, the Board of County Commissioners approved a planned development for Home Depot on property immediately north of the "new" Lundberg Road. The site plan approved for Home Depot showed water, sewer and drainage from the Home Depot site under the "new" Lundberg Road to a stormwater basin on the south side of the °new° Lundberg Road (the Banack property). REQUESTS Home Depot is attempting to close on their property July 15, 1997 (today). However, they are looking for assurances that when the deeds for the old and new Lundberg Road are exchanged, that the County will grant them the water, sewer and drainage easements under the "new" Lundberg Road as depicted on their approved site plan. JULY 15, 1997 NUN 102 PAGE 37 89A 10,°2 PACE 94 Further, Home Depot wishes the County to affirm that it can move fill excavated from the stormwater tract south of the new road (the Banack property) across the road to the Home Depot site on the north. That is, they wish temporary construction easements to cross the new road. Additionally, the Public Works Department informs me that in order to properly drain the "now" Lundberg Road and outfall to the Community College property, the County needs a 20 -foot drainage easement south of and parallel to the "new" Lundberg Road from Mr. Banack. RECOMMENDATION 1. Authorize the Chairman to execute the attached Easement for drainage and utilities to Maple Leaf Properties, Inc., and Sidney M. Banack, Jr., their successors and assigns, at such time as title to the fee vests in the County. 2. Approve in concept Temporary Construction Easements to Home Depot for crossing "new" Lundberg Road with fill, at such locations as will not interfere with construction of the road, to be determined by construction coordinators and finally approved by the Board at a later date. 3. Accept a 20 -foot drainage easement on the south side of the °new° Lundberg Road from Sidney M. Banack. JULY 15, 1997 ON MOTION by Commissioner Adams, SECONDED by Commissioner Ginn, the Board unanimously authorized the Chairman to execute the Easement for drainage and utilities to Maple Leaf Properties, Inc. and Sidney M. Banack, Jr., at such time as title to the fee vests in the County, approved in concept Temporary Construction Easements to Home Depot for crossing "neva' Lundberg Road with fill, at such locations as will not interfere with construction of the road, to be determined by construction coordinators and finally approved by the Board at a later date, and accepted a 20 -foot drainage easement on the south side of the "nevi' Lundberg Road from Sidney M. Banack, as recommended by staff. EASEMENTS WILL BE RECORDED IN THE OFFICIAL RECORDS OF INDIAN RIVER COUNTY B.A. HERNANDO COUNTY RESOLUTION REGARDING ORIMULSION USE BY FLORIDA POWER AND LIGHT The Board reviewed a letter of June 2, 1997: Board of County Commissioners Hernando County Pat Novy June 2, 1997 4 ., W190 RECEIVED BOARDCOUNTy COMMISSIONERS Honorable Lawton Chiles Governor State of Florida The Capitol Tallahassee, Florida 32399-0001 Dear Governor Chiles: commissioner ldminisbator _ Personnel Public Works Community Dev. Utilities Rnenee one Emerg. Sere Risk- MgE Other 21) V. Main Simet, Room 460 DroakvviUe. F1...1:1601 032) 754-4000 On June 1, 1997, the Hernando County Board of County Commissioners adopted the enclosed resolution number 97-107 to be sent to Governor Chiles and the Cabinet (as the Power Plant Siting Committee) recommending they continue to deny approval of the importation, storage and burning of orimulsion at the Florida Power & Light's plant in Manatee County. While Manatee County may seem distant to many of us, approval of the orimulsion project will set a precedent and encourage other plants in Florida to seek to burn this cheap Venezuelan fuel A spill of orimulsion into our coastal waters, roadways (truck and railroad), and groundwater is almost impossible to contain and or clean up do to its ability to emulsify with water. JULY 15, 1997 BDOK -11-0 PAGE kE bQ9K PAGE 9 Since we all recognize the fragility of Florida's environment especially groundwater, we strongly urge your commission and constituents to adopt a similar res to encourage the governor and cabinet to continue to reject this orimulsion project which will certainly jeopardize air and water quality in the state of Florida. Sincerely, j6 ZIA NOVY County Commissioner PC: Cabinet Members All Florida Counties HERNANDO COUNTY, FLORIDA RESOLUTION 07--107 WHEREAS, the natural environment of the Nature Coast is a significant resource that is valuable to all citizens of the. State of Florida; and WHEREAS, Florida Power and Light proposes to convert an existing power plant in Parrish to burn Orimulslon, and WHEREAS, the burning of Onmulsion has the potential to increase NOx emissions; and WHEREAS, the importation of Onmulsion poses risks to Tampa Bay and the Gulf Coast of Florida. and WHEREAS, the quality of water in the estuaries and in the entire Nature Coast will be endangered by the burning of orimuLdon; and WHEREAS, the transportation of Orimtdslon is dangerous to water quality of the State of Florida and we oppose the transportation of Orimulsion; and WHEREAS. we want to keep clean air and water In the west central Florida area and it is important that we oppose the utilization of Orimulsion; and WHEREAS, the previous decision by the Governor and the Cabinet, sitting as the Power Plant Siting Board, to deny Florida Power and Light's application has been vacated and the item remanded to the Board by the appellate court, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF HERNANDO COUNTY, FLORIDA, AS FOLLOWS. SECTION 1. That the Hernando County Board of County Commissioners hereby requests the Governor and the Cabinet, sitting as the Power Plant Siting Board, reaffirm their denial of the Florida Power and Light application to convert its Parrish power plant to Onmulsion, SECTION 2. That the County Clerk he hereby directed to fitmish copies of the Resolution to the Governor and the members n%the Cabinet, SECTION 3. This Resolution shall become effective immediately upon adoption. ADOPTED in Regular Session this I" day ofluly, 1997, A.D. Anew KARNiCOL , Cler'k V d -.RA -Y -I;0 7 G, � hairma �� s_.l-et4.c_ (_� � //•' c C'f'' /'M, 1�� ' � BARBARA A. MiLLS PAUL H. SULLIVAN, Vice Chairman ATRi A NOS ' HANNAH M. R0BiNS01 JULY 15, 1997 Chairman Eggert queried whether the Board wished to support this request and, after brief discussion, CONSENSUS was reached not to support the matter. 14.A. EMERGENCY SERVICES DISTRICT None. 14.B. SOLID WASTE DISPOSAL DISTRICT None. 14.C. ENVIRONMENTAL CONTROL BOARD None. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:36 a.m. ATTEST: Mnutes Approved:2 IS 1 -7 JULY 15, 1997 41 `L Carol . Eggert, COnark BOOK 102 P,1GE 07