Loading...
HomeMy WebLinkAbout3/9/1999• MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, MARCH 9,1999 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Kenneth R. Macht, Chairman (District 3) Fran B. Adams, Vice Chairman (District 1) Caroline D. Ginn, (District 5) Ruth Stanbridge (District 2 John W. Tippin, (District 4) • James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffxey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP PAGES 2. INVOCATION 3. PLEDGE OF ALLEGIANCE - Comm. Caroline D. Ginn 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS D.A. COMMENT ON Y2K PHENOMENON 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: St. Johns River Water Management District - Annual Financial Audit and Annual Local Government Financial Report for FY 1997-98 B. Approval of Wan -ants (memorandum dated February 25, 1999) C. Request to Revise Contract with Native Habitat, Inc. to Waive Performance Bond Requirement (memorandum dated March 3, 1999) D. Request for Approval of Progress Report & Reim- bursement Invoice #4 for the 1998 Transportation Disadvantaged Planning Grant (memorandum dated February 25, 1999) 1-10 11-13 14-26 BOOK 108 FADE 515 BOOK 108 FADE 516 BACKUP 7. CONSENT AGENDA tcont'd.: PAGES E. Approval of Amendment to the Oslo Riverfront Conservation Area Intergovernmental Management Agreement to Include the Flinn Tract LAAC Site (memorandum dated March 3, 1999) 27-40 F. Bid Waiver (memorandum dated March 1, 1999) 41-43 G. Bid Award: IRC #9044 / Painting of County Admini- stration & Health Buildings (Bldgs. & Grds. Div.) (memorandum dated March 3,1999) 44-51 H. Assignment of Concession License in Administration Building (memorandum dated February 26, 1999) 52-62 I. Taxpayers Assoc. of IRC v Indian River County (memorandum dated March 2, 1999) 63-65 J. Fire Alarms Responded to by Law Enforcement (memorandum dated March 3, 1999) 66-80 K. Annual County Tax Deed Applications (memorandum dated February 25, 1999) 81-94 L. Payments to Vendors of Court Related Costs (memorandum dated February 26, 1999) 95 M. Acceptance of Linda Pell Nagy's Resignation from Economic Development Council (letter dated February 25, 1999) 96 N. Miscellaneous Budget Amendment 010 (memorandum dated March 3, 1999) 97-98 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RM -8 AND A-1 TO PDTND FOR APPROX. 602.99 ACRES OF LAND GENERALLY LOCATED SOUTH OF SR 60, NORTH OF 8TH STREET, BETWEEN 66TH AVE. AND 82ND AVE.; AND DESCRIBED HEREIN, AND PROVIDING FOR AN EFFECTIVE DATE (Quasi -Judicial) (memorandum dated March 3, 1999) 99-138 BACKUP 9. PUBLIC ITEMS (cont'd.): AGES A. PUBLIC HEARINGS (cont'd.Z 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RS -6 AND RM -6 TO RM -8, FOR PROPERTY LOCATED ON THE NORTH SIDE OF 41 sr ST. AND THE WEST SIDE OF INDIAN RIVER BLVD., AND DESCRIBED HEREIN, AND PRO- VIDING FOR EFFECTIVE DATE _ (Quasi -Judicial) (memorandum dated February 19, 1999) 139-154 B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS Public Hearings Scheduled for March 16,1999: 1. County initiated request to amend the compre- hensive plan to redesignate the following publicly owned properties to C-1, Publicly Owned Conservation -1, and rezone those properties to Con -1, Public Lands Conserva- tion District: a. f8 acres located on the east side of SR AIA, just north of the town of Indian River Shores; b. ±37 acres located at the northeast comer of 8' St. & I.R. Blvd.; and C. f 15.8 acres located west of St. Christopher's Harbor S/D (Legislative) 2. County -initiated request to amend the Future Land Use and Intergovernmental Coordination Elements of the Comprehensive Plan (Legislative) Public Hearing Scheduled for 4/6/99: 1. John W. Mitchell and others' request to rezone t2 acres located at the northwest comer of 77`h Street (Hobart Rd.) and US 1 from CH, Heavy Commer- cial District to CL, Limited Commercial District (Quasi -Judicial) (memorandum dated March 3, 1999) 155 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services None D. Leisure Services None E. Office of Management and Budget None BOOK IU FAGE ai I 11. DEPARTMENTAL MATTERS (cont'd): F. Personnel None BOOK .11.08 PAGE 51 BACKUP PAGES G. Public Works 1. Phase II Kings Highway Improvement Developer's Agreement between IRC and First Church of God, Inc. (memorandum dated March 3, 1999) 156-161 2. Joint Indian River County/School Board District of Indian River County Fleet Management Complex / Fueling Depot / Bus Storage and Related Facilities Land Acquisition (memorandum dated March 3, 1999) 162-181 H. Utilities 1. Request to Purchase Watercadd Hydraulic Modeling Software (memorandum dated March 2, 1999) 182-185 2. Utility Chlorination System Improvements (memorandum dated February 24, 1999) 186-196 3. Lift Station Rehabilitation - Final Change Order and Pay Request (memorandum dated February 24, 1999) 197-205 I. Human Services None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman Kenneth R. Macht B. Vice Chairman Fran B. Adams C. Commissioner Caroline D. Ginn D. CommissionerRuth Stanbridge E. Commissioner John W. Tippin 0 0 • BACKUP 14. SPECIAL DISTRICTS/BOARDS PAGES A. Emergency Services District None B. Solid Waste Disposal District Request for Proposals #9030 Solid Waste Master Plan (memorandum dated March 1, 1999) 206-207 C. Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at -this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the county's Americans with Disabilities Act (ADA) coordinator at 567-8000 x408 at least 48 hours in advance of meeting. Meeting may be broadcast live on TCI Cable Channel 13 - rebroadcast various times throughout the week Falcon Cable Channel 35 - rebroadcast Friday evening BOOK 103 PAGE 519 • C. INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF MARCH 9. 1999 1. CALL TO ORDER ............................................... 1 2. INVOCATION .................................................. 1 3. PLEDGE OF ALLEGIANCE ....................................... 1 4. ADDITIONS TO THE AGENDA ................................... 1 5. PROCLAMATIONS AND PRESENTATIONS ......................... 1 6. APPROVAL OF MINUTES ........................................ 1 7. CONSENT AGENDA ............................................ 2 7.A. Reports .................................................. 2 7.B. Approval of Warrants ....................................... 2 7.C. Native Habitat, Inc./Prange Islands - Contract Revision and Waiver of Performance Bond Requirement .............................. 10 7.D. 1998 Transportation Disadvantaged Planning Grant - Progress Report and Reimbursement Invoice #4 Approval ........................... 11 7.E. Oslo Riverfront Conservation Area - Intergovernmental Management Agreement with Florida Inland Navigation District and St. Johns River Water Management District to Include the Flinn Tract LAAC Site .... 13 7.17. Purchase of Lawnmower from Vero Lawnmower - Bid Waived ...... 15 7.G. Bid #9044 - Exterior Painting of County Administration Building and Health Building - Lucas Waterproofing Company ................. 17 7.11. Assignment of Food Service Concession License for County Administration Building from Allyn Withee to Robin Trogdon ................... 18 7.I. Taxpayers Association of Indian River County v. Indian River County (Acquisition of 50 Lots from Atlantic Gulf Communities - Sebastian Highlands) ............................................... 19 7.J. False Alarms Responded to by Law Enforcement - Proposed Ordinance Scheduled for March 2311999 Public Hearing .................... 20 7.K. Annual County Tax Deed Applications -13 Parcels ............... 21 7.L. Payments to Vendors of Court Related Costs ..................... 21 7.M. Economic Development Council - Accept Resignation of Linda Pell Nagy 7.N. ....................................................... Miscellaneous Budget Amendment 010 ......................... 23 24 9.A.1. ORDINANCE 99-05 - ON SITE MANAGEMENT GROUP, INC. - REZONING FOR POINTE WEST DEVELOPMENT (APPROXIMATELY 602.99 ACRES FROM RM -8 AND A-1 TO PDTND) AND CONCEPTUAL PLANNED DEVELOPMENT PLAN APPROVAL (GENERAL LOCATION: SOUTH OF SR -60, NORTH OF 8TH STREET, BETWEEN 66TH AVENUE AND 82ND AVENUE) .................................................... 26 1 BOOK 108 PAGE 520 BOOK 108 PGE1 9.A.2. ORDINANCE NO. 99-006 - AMENDMENT TO ZONING ORDINANCE AND ZONING MAP FROM RS -6 AND RM -6 TO RM -8 FOR PROPERTY LOCATED ON THE NORTH SIDE OF 41ST STREET AND WEST SIDE OF INDIAN RIVER BOULEVARD - SCHWERIN REALTY COMPANY - ±29.5 ACRES (Quasi -Judicial) .......................................... 64 9.C. PUBLIC NOTICE ITEMS -ITEMS SCHEDULED FOR MARCH 16, 1999 AND APRIL 6, 1999 ................................................. 73 March 16, 1999 ........................................... 73 1. County- initiated request to amend the comprehensive plan to redesignate the following publicly owned properties to C-1, Publicly Owned Conservation- 1 (zero density) and rezone those properties to Con 1, Public Lands Conservation District (zero density): ................ 73 A. ±8 Acres located on the east side of SR AIA, just north of the town of Indian River Shores; ..................................... 73 B. ±37 Acres located at the northeast corner of 8th Street and Indian River Boulevard; and ...................................... 73 C. ±15.8 Acres located west of St. Christopher's Harbor Subdivision (Legislative) . ............................................. 73 2. County -initiated request to amend the Future Land Use and Intergovernmental Coordination Elements of the Comprehensive Plan (Legislative) .............................................. 73 April 6, 1999: ............................................ 73 1. John W. Mitchell and others' request to rezone ±2 acres located at the northwest comer of 77th Street (Hobart Road) and US -1 from CH, Heavy Commercial District to CL, Limited Commercial District (Quasi- Judicial)................................................. 73 11.G.1. FIRST CHURCH OF GOD, INC. - DEVELOPER'S AGREEMENT - RIGHT-OF-WAY KINGS HIGHWAY PHASE 11 ................. 74 11.G.2. OPTION AGREEMENT FOR PURCHASE OF PARCEL FOR COUNTY FLEET MANAGEMENT COMPLEX (JOINT WITH INDIAN RIVER COUNTY SCHOOL DISTRICT) FROM ANNETTE R. ROBERTS, TRUSTEE............................................... 76 l l.H.1. PURCHASE WATERCADD HYDRAULIC MODELING SOFTWARE ....................................................... 79 11.H.2. UTILITY CHLORINATION SYSTEM IMPROVEMENTS - CAMP DRESSER AND McKEE, INC. - WORK AUTHORIZATION NO.9 . 81 11.H.3. LIFT STATION REHABILITATION - TREASURE COAST CONTRACTING - FINAL CHANGE ORDER AND PAY REQUEST . 83 13.A. CHAIRMAN MACHT - Y2K PHENOMENON CON04ENT - APPOINTED TO WORK WITH STAFF ON Y2K COMPLIANCE ... 84 14.B. SOLID WASTE DISPOSAL DISTRICT ........................ 85 2 March 9, 1999 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25" Street, Vero Beach, Florida, on Tuesday, March 9,1999. Present were: Kenneth R Macht, Chairman; Fran B. Adams, Vice Chairman; Caroline D. Ginn; Ruth Stanbridge; and John W. Tippin. Also present were James E. Chandler, CountyAdministrator; Charles P. Vitunac, CountyAttormy; andPatricia Ridgely, Deputy Clerk. 1. CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2. INVOCATION Commissioner Tippin delivered the invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Ginn led the Pledge to the Flag. 4. ADDITIONS TO THE AGENDA Chairman Macht requested the addition of 13.A., Comment on Y2K phenomenon. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Stanbridge, the Board unanimously added the item to their agenda. 5. PROCLAMATIONS AND PRESENTATIONS None. 6. APPROVAL OF MINUTES None. MARCH 9,1999 1 BOOK 108 FA.GE 522 BOOK 108 PAGE 523 7. CONSENT AGENDA Commissioner Ginn requested that item 7.G. be separated for discussion from the Consent Agenda. 7.A. Reports The following report has been received and placed on file in the office of the Clerk to the Board: St. Johns River Water Management District - Annual Financial Audit and Annual Local Government Financial Report for FY 1997-98 7.B. Aoroval of Warrants The Board reviewed a Memorandum of February 25, 1999: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: FEBRUARY 25, 1999 SUBJECT: APPROVAL OF WARRANTS FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of February 18 to February 25, 1999. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Stanbridge, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period February 18-25, 1999, as requested. MARCH 9, 1999 2 • L- CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0019852 FLORIDA DEPARTMENT OF 1999-02-18 120,000.00 0019853 TEAMSTERS LOCAL UNION NO 769 1999-02-19 4,090.71 0019854 FLORIDA COMBINED LIFE 1999-02-19 2,224.74 0257719 ANDERSON, FRED 1999-02-19 148.00 0257720 ATKINSON, RICHARD F 1999-02-19 238.00 0257721 BECHT, TONYA AND CITY OF VERO 1999-02-19 92.00 0257722 BROBTON, LYDIA 1999-02-19 219.00 0257723 BREVCO PROPERTIES, INC 1999-02-19 471.00 0257724 BEUTTELL, PETER M 1999-02-19 270.00 0257725 SILKEN GROUP 1999-02-19 1,605.00 0257726 BEANS, ROBERT 1999-02-19 226.00 0257727 BROOKS, DONNA AND CITY OF VERO 1999-02-19 59.00 0257728 BELL PROPERTY MANAGEMENT 1999-02-19 1,331.00 0257729 BOUYSSOU, STEPHANE H 1999-02-19 397.00 0257730 BLAHNIK, CHRIS OR MILDRED 1999-02-19 364.00 0257731 BUCKNER, SHEILA & CITY OF VERO 1999-02-19 84.00 0257732 BISHOP, SUSAN D 1999-02-19 256.00 0257733 BROOKHAVEN, TOWN OF 1999-02-19 558.97 0257734 BREVARD COUNTY HOUSING AUTHRTY 1999-02-19 479.97 0257735 BLUE, YOLANDA 1999-02-19 248.00 0257736 BACON, CHARISMA AND CITY OF 1999-02-19 26.00 0257737 CARTWRIGHT, WILLIAM AND/ 1999-02-19 197.00 0257738 CORR, RHODA L 1999-02-19 292.00 0257739 COLLINS, THOMAS H 1999-02-19 276.00 0257740 COSCO, KEN 1999-02-19 478.00 0257741 CENTURY 21 SEATREK REALTY, INC 1999-02-19 245.00 0257742 CARLTON, ALLAN R 1999-02-19 306.00 0257743 C P E ASSOCIATES 1999-02-19 759.00 0257744 CAPAK, GERALD T 1999-02-19 350.00 0257745 CUMMINGS, JERRY 1999-02-19 438.00 0257746 COLDWELL BANKER 1999-02-19 426.00 0257747 CLUNK, JEFFREY 1999-02-19 314.00 0257748 CARONE, PAUL 1999-02-19 230.00 0257749 CARLUCCI, LEONARD A 1999-02-19 404.00 0257750 DAN PREUSS REALTY, INC 1999-02-19 274.00 0257751 DOOLITTLE JAMES A & ASSOCIATES 1999-02-19 2,589.00 0257752 DENNISON, WANDA 1999-02-19 926.00 0257753 DOVE, E WILSON 1999-02-19 267.00 0257754 DOYLE, DON 1999-02-19 305.00 0257755 DIXON, LATONIA AND CITY OF 1999-02-19 8.00 0257756 ELWELL, JACQUELINE & F P & L 1999-02-19 4.00 0257757 EDGEWOOD PLACE (305-113) 1999-02-19 187.00 0257758 EDWARD, FRANKLIN 1999-02-19 328.00 0257759 FOGERTY, GEORGE A 1999-02-19 315.00 0257760 FRESH, DANIEL J 1999-02-19 228.00 0257761 FT PIERCE, CITY OF 1999-02-19 1,543.91 0257762 FOGARTY ENTERPRISES, INC 1999-02-19 45.00 0257763 GASKILL, ROBERT 1999-02-19 251.00 0257764 GRIMM, FLOYD OR HELEN 1999-02-19 149.00 0257765 GIFFORD GROVES, LTD 1999-02-19 10,057.00 0257766 GEORGE, MARY KIM 1999-02-19 579.00 0257767 GRACE'S LANDING LTD 1999-02-19 _ 2,893.00 0257768 GLOVERSVILLE HOUSING AUTHORITY 1999-02-19 270.97 0257769 HAWKINS, WANDA 1999-02-19 220.00 0257770 HOLM, LEO 1999-02-19 445.00 0257771 INDIAN RIVER INVESTMENT 1999-02-19 270.00 0257772 IMBRIANI, VINCENT 1999-02-19 279.00 0257773 JAMES A DOOLITTLE & ASSOCIATES 1999-02-19 6,434.00 0257774 JENSEN, PETER C 1999-02-19 526.00 0257775 JAHOLKOWSKI, PAUL 1999-02-19 278.00 0257776 JENNINGS, LESSIE 1999-02-19 261.00 0257777 JAHOLKOWSKI, MIKE 1999-02-19 210.00 MARCH 9,1999 3 • BOOK 108 FAGEZ F.m y 7i BOOK 0 FAGE 51210 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0257778 JULIN, PAUL 1999-02-19 210.00 0257779 JONES, CECILIA AND CITY OF 1999-02-19 40.00 0257780 JONES, WILLIAM C 1999-02-19 335.00 0257781 JACOBS, CARRIE AND FLORIDA 1999-02-19 85.00 0257782 JONES, ALPHONSO 1999-02-19 258.00 0257783 KOLB, GREGORY L 1999-02-19 443.00 0257784 KUBILUS, DEBRA AND CITY OF 1999-02-19 75.00 0257785 LAWRENCE, TERRY A 1999-02-19 191.00 0257786 LLERENA, E D 1999-02-19 472.00 0257787 LANGLEY, PHILIP G 1999-02-19 230.00 0257788 LAWRENCE, CHARLENE FRANCES 1999-02-19 455.00 0257789 LINDSEY GARDEN'S APARTMENTS 1999-02-19 4,008.00 0257790 MIXELL, LLONALD AND/OR 1999-02-19 410.00 0257791 M 0 D INVESTMENTS 1999-02-19 794.00 0257792 MONTGOMERY, WILLIAM 1999-02-19 210.00 0257793 MANN, ROBERT OR WANDA ARMA 1999-02-19 217.00 0257794 MORRILL, TINA AND CITY OF 1999-02-19 31.00 0257795 MCINTOSH, SYLVESTER B JR 1999-02-19 426.00 0257796 MULLINS, B FRANK 1999-02-19 501.00 0257797 MC CLAY, ROBIN 1999-02-19 312.00 0257798 NELSON, DONALD J & VALENTINE R 1999-02-19 500.00 0257799 NEUHAUSER, ERNEST 1999-02-19 273.00 0257800 NIRMIKA LIVING STONES, INC 1999-02-19 337.00 0257801 OLIVER, DOROTHY 1999-02-19 400.00 0257802 ORANGE COUNTY HOUSING AND 1999-02-19 604.97 0257803 PARKER, RALPH & CITY OF VERO 1999-02-19 91.00 0257804 PALMER TRAILER PARK 1999-02-19 449.00 0257805 PITTMAN, CATHERINE & CITY OF 1999-02-19 96.00 0257806 POLLY, EMMA 1999-02-19 345.00 0257807 PIERSON, JOHN H DBA 1999-02-19 324.00 0257808 POSADO, LORI 1999-02-19 375.00 0257809 PINKNEY, RACHEL J 1999-02-19 151.00 0257810 PALUMBO, LOUIS 1999-02-19 294.00 0257811 PIUMELLI, MICHAEL 1999-02-19 327.00 0257812 REAGAN, WILLIE C 1999-02-19 722.00 0257813 RENNICK, RONALD 1999-02-19 313.00 0257814 RAUDENBUSH, ERNEST 1999-02-19 155.00 0257815 REALTY CONNECTIONS OF VERO,INC 1999-02-19 921.00 0257816 REARDANZ, MARVIN 1999-02-19 408.00 0257817 RICHARDS, WILLIAM A 1999-02-19 470.00 0257818 RODRIGUEZ, BLANCA 1999-02-19 400.00 0257819 RICOTTI, RICARDO 1999-02-19 161.00 0257820 RIVER PARK PLACE 1999-02-19 1,052.00 0257821 SCHORNE-R, JAMES A 1999-02-19 180.00 0257822 ST FRANCIS MANOR 1999-02-19 2,379.00 0257823 SCROGGS, BETTY DAVIS 1999-02-19 324.00 0257824 SACCO, JACQUELINE AND/OR 1999-02-19 490.00 0257825 SABONJOHN, FLORENCE 1999-02-19 268.00 0257826 SANFORD HOUSING AUTHORITY 1999-02-19 521.97 0257827 SMOAK, JEANETTE AND CITY 1999-02-19 34.00 0257828 SANDY PINES 1999-02-19 3,519.00 0257829 SHELTON, ROBERT L 1999-02-19 505.00 0257830 STARCK, MICHAEL R 1999-02-19 382.00 0257831 STRIBLING, WILLIAM JR 1999-02-19 172.00 0257832 SUNDMAN, IVAN 1999-02-19 203.00 0257833 SPARKS, DAVID 1999-02-19 113.00 0257834 SARTAIN, CHARLES S & TELECIA 1999-02-19 65.00 0257835 TROPICAL SHORELAND, INC OR 1999-02-19 245.00 0257836 TOWN & COUNTRY LEASING 1999-02-19 347.00 0257837 VERO MOBILE HOME PARK 1999-02-19 490.00 0257838 VOLF VILCEK, JULIANNA 1999-02-19 196.00 0257839 VERO FIRST CORPORATION 1999-02-19 2,303.00 0257840 VARJABEDIAN, SUMPAD 1999-02-19 527.00 MARCH 9, 1999 4 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0257841 BLAKE, SALLIE (WYNN) 1999-02-19 284.00 0257842 WILLIAMS, TOBIAS M 1999-02-19 439.00 0257843 WILLIAMS, DEBRA WASHINGTON 1999-02-19 121.00 0257844 YORK, LILLY B 1999-02-19 194.00 0257845 YORK, DAVID 1999-02-19 467.00 0257846 ZANCA, LEONARD 1999-02-19 1,129.00 0257847 AIRBORNE EXPRESS 1999-02-25 27.70 0257848 ALPHA ACE HARDWARE 1999-02-25 6.98 0257849 APPLE INDUSTRIAL SUPPLY CO 1999-02-25 51.92 0257850 APPLE MACHINE & SUPPLY CO 1999-02-25 681.31 0257851 AT YOUR SERVICE 1999-02-25 1,911.20 0257852 ATCO TOOL SUPPLY 1999-02-25 34.00 0257853 AUTO SUPPLY CO OF VERO BEACH, 1999-02-25 941.02 0257854 ABS PUMPS, INC 1999-02-25 4,635.00 0257855 AL'S WINSHIELD & VINYL RP 1999-02-25 30.00 0257856 COMMONWEALTH TECH 1999-02-25 600.00 0257857 ADDISON OIL CO 1999-02-25 224.68 0257858 AMERICAN TEST CENTER, INC 1999-02-25 1,450.35 0257859 ARCHIVE PUBLISHING 1999-02-25 445.00 0257860 AMERICAN AIR FILTER 1999-02-25 2,655.00 0257861 A T & T 1999-02-25 .74 0257862 A T & T LANGUAGE LINE SERVICES 1999-02-25 50.00 0257863 AMERICAN LIBRARY PREVIEW 1999-02-25 66.54 0257864 ATLANTIC COASTAL TITLE CORP 1999-02-25 469.00 0257865 AUTO PARTS OF VERO, INC 1999-02-25 691.61 0257866 ASSOCIATION FOR FACILITIES 1999-02-25 120.00 0257867 AMERICAN REPORTING 1999-02-25 85.00 0257868 AMERISYS, INC 1999-02-25 _ 330.10 0257869 ACADEMIC SERVICES CORPORATION 1999-02-25 115.00 0257870 APOLLO ENTERPRISES 1999'-02-25 101.39 0257871 ASSOCIATES LEASING, INC. 1999-02-25 7,310.16 0257872 AMERISU=S BAY MEADOWS 1999-02-25 630.00 0257873 ALL CREATURES GREAT & SMALL 1999-02-25 15.00 0257874 B & B INDUSTRIAL SUPPLY 1999-02-25 810.70 0257875 BAKER DISTRIBUTING CO 1999-02-25 240.02 0257876 BARKER ELECTRIC & A/C 1999-02-25 2,280.00 0257877 BOARD OF COUNTY COMMISSIONERS 1999-02-25 9,609.93 0257878 BENSONS LOCK SERVICE 1999-02-25 18.00 0257879 BERNAN ASSOCIATES 1999-02-25 33.80 0257880 BIO -SERVICES OF VERO, INC 1999-02-25 180.00 0257881 BLACKHAWK QUARRY COMPANY 1999-02-25 444.37 0257882 BUREAU OF ECONOMIC & BUSINESS 1999-02-25 40.46 0257883 BARTON, JEFFREY K- CLERK 1999-02-25 193,590.33 0257884 BARTON, JEFFREY K -CLERK 1999-02-25 2,726.25 0257885 BERGGREN EQUIPMENT CO, INC 1999-02-25 135.54 0257886 BARNETT BAIL BONDS 1999-02-25 997.00 0257887 B S N SPORTS 1999-02-25 2,469.25 0257888 BAKER & TAYLOR INC 1999-02-25 1,326.20 0257889 BRODART CO 1999-02-25 138.68 0257890 BOYNTON PUMP & IRRIGATION 1999-02-25 432.25 0257891 BILLING SERVICES INC 1999-02-25 8.10 0257892 BFI MEDICAL WASTE SYSTEMS 1999-02-25 81.72 0257893 BAKER & TAYLOR ENTERTAINMENT 1999-02-25 223.36 0257894 BELLSOUTH MOBILITY 199902-25 19.20 0257895 BELLSOU:TH 199902-25 6,079.43 0257896 BENSON, DANIEL MD C/O PAUL 1999-02-25 100.00 0257897 BELLSOUTH PUBLIC COMMUNICATION 1999-02-25 281.48 0257898 BPS -ORLANDO 1999-02-25 159.40 0257899 BROWN, JASON 199902-25 121.94 0257900 BREVARD ASSOCIATED COURT 199902-25 18.00 0257901 BOATC 1999,02-25 90.00 0257902 BELLSOUTH 1999702-25 403.55 0257903 CAMERON & BARKLEY COMPANY 19991-02-25 225.50 MARCH 9, 1999 5 BOOK PAGE '34 I CHECK NAME NUMBER 0257904 CAMP, DRESSER & MCKEE, INC 0257905 CARTER ASSOCIATES, INC 0257906 CHILTON BOOK COMPANY 0257907 CITRUS MOTEL 0257908 CLEMENTS PEST CONTROL 0257909 COLD AIR DISTRIBUTORS 0257910 COMMUNICATIONS INT'L INC 0257911 CLEARFIELD COMPANY, INC 0257912 COASTAL REFINING & MARKETING 0257913 COLLINS, THOMAS H 0257914 CUSTOM CARRIAGES, INC 0257915 COOGAN, MAUREEN 0257916 CRITIC'S CHOICE VIDEO 0257917 CYBERGUYS 0257918 CENTER FOR EMOTIONAL AND 0257919 CONSOLIDATED DATA SYSTEMS INC 0257920 C & D PARTNERS LIP 0257921 COMMERCIAL EQUIPMENT LEASING 0257922 CENTRAL AIR CONDITIONING & 0257923 DELTA SUPPLY CO 0257924 DEMCO INC 0257925 FLORIDA DEPT OF MANAGEMENT 0257926 DEPENDABLE DODGE, INC 0257927 DICKERSON-FLORIDA, INC 0257928 DICKEY SCALES, INC 0257929 DIRECTOR, KENNETH L MD PA 0257930 DISCOVERY BOOK COMPANY 0257931 DOCTOR'S CLINIC 0257932 DAVIDSON TITLES, INC 0257933 FLORIDA DEPARTMENT OF TRANSPRT 0257934 FEDE% 0257935 DEPARTMENT OF BUSINESS & 0257936 DOWNTOWN PRODUCE INC 0257937 DILLARD, LASSIE 0257938 DAMPIER, KIM 0257939 E -Z BREW COFFEE SERVICE, INC 0257940 ESQUIRE REPORTING INC 0257941 EVANS, FLOYD 0257942 EMERGENCY MEDICINE ASSOCIATES 0257943 ELPEB, INC 0257944 EDLUND & DRITENBAS 0257945 E D DESIGNER HATS 0257946 ERICSSON, INC 0257947 ECKERD DRUG CO 0257948 ETHERINGTON CONSERVATION 0257949 FLORIDA BAR, THE 0257950 FLORIDA DEPARTMENT OF 0257951 FLORIDA COCA-COLA BOTTLING CO 0257952 FLORIDA POWER & LIGHT COMPANY 0257953 FLORIDA SLUDGE, INC 0257954 FLOWERS BAKING COMPANY OF 0257955 FIRST AMERICAN TITLE OF 0257956 FELLSMERE POLICE DEPARTMENT 0257957 FIRST AMERICAN TITLE OF 0257958 FLORIDA TOURISM ASSOCIATION 0257959 FACTICON, INC 0257960 FACTS ON FILE NEWS SERVICES 0257961 FREIGHTLINER TRUCKS OF SOUTH 0257962 FLORIDA CONFERENCE OF CIRCUIT MARCH 9, 1999 T CHECK DATE 1999-02-25 1999-02-25 1999-02-25 199902-25 1999-02-25 1999-02-25 1999-02-25 1999,-02-25 1999'-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999 02-25 1999-02-25 1999r-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 19991-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 1999-02-25 BOOK 108 PAGE 2 1 CHECK AMOUNT 26,462.22 1,471.50 725.67 396.00 19.00 35.99 1,366.00 28.25 6,056.44 312.00 75.09 387.28 58.55 59.53 314.00 5,609.40 500.00 672.00 56.96 112.31 12.63 3,352.88 15.38 458,866.27 486.75 525.00 725.03 976.94 319.43 500.00 35.75 321.00 217.65 16.73 46.35 68.50 25.00 50.00 49.00 5,876.32 5,334.00 132.00 4,872.76 54.71 15.35 12.00 15.00 584.45 34,679.47 7,182.00 125.63 800.00 50.00 14,349.00 500.00 450.00 92.32 628.58 400.00 • CHECK NAME CH CK CHECK NUMBER D i AMOUNT 0257963 FLORIDA HISTORICAL LIBRARY 1999-02-25 331.28 0257964 GENERAL GMC, TRUCK 1999-02-25 257.02 0257965 GLIDDEN COMPANY, THE 1999-02-25 17.90 0257966 GREYHOUND LINES, INC. 1999-02-25 95.50 0257967 GORMAN COMPANY 1999-02-25 672.00 0257968 GLI INTERNATIONAL, INC 1999-02-25 195.19 0257969 GREENE, ROBERT E 1999-02-25 1,856.77 0257970 GOLFNET, INC 1999-02-25 85.00 0257971 GINN, CAROLINE D 1999,702-25 105.77 0257972 GRILL REFILL, INC 1999-02-25 62.00 0257973 GRACE'S LANDING LTD 1999-02-25 151.00 0257974 GORDONS-ART REFERENCE INC 1999-02-25 201.00 0257975 HUNT INSURANCE GROUP, INC 1999 02-25 765.00 0257976 HELD, PATRICIA BARGO 1999x02-25 332.50 0257977 HICKMAN, GUY MD, FAAOS 1999-02-25 50.00 0257978 HARRIS SANITATION, INC 1999-02-25 48,341.96 0257979 HEALTHSOUTH INDIAN RIVER 1999-02-25 3,620.92 0257980 HASENAUER, KRIS 1999-02-25 27.00 0257981 HALL -MARK FIRE APPARATUS, INC 1999-02-25 20,180.60 0257982 HARRINGTON INDUSTRIAL PLASTICS 1999-02-25 1,031.59 0257983 INDIAN RIVER COUNTY 1999-02-25 273,091.84 0257984 INDIAN RIVER COUNTY 1999-02-25 57,370.83 0257985 INDIAN RIVER COUNTY SOLID 1999-02-25 10,239.00 0257986 ICOTECH, INC 1999-02-25 448.75 0257987 INDIAN RIVER ACE HARDWARE 1999-02-25 15.61 0257988 INDIAN RIVER BATTERY, INC 1999-02-25 933.40 0257989 INDIAN RIVER COUNTY 1999-02-25 45.00 0257990 INDIAN RIVER COUNTY UTILITY 1999-02-25 557.01 0257991 INDIAN RIVER MEMORIAL HOSPITAL 1999-02-25 209.86 0257992 INGRAM LIBRARY SERVICES 1999-02-25 213.37 0257993 INDIAN RIVER COUNTY 1999-02-25 257.00 0257994 IBM CORPORATION 1999-02-25 2,531.61 0257995 INDIAN RIVER ALL -FAB, INC 1999-02-25 684.34 0257996 IRON OFFICE SOLUTIONS 1999-02-25 132.00 0257997 ISG-MCALLISTER PUBLISHING 1999-02-25 75.00 0257998 INDIAN RIVER COUNTY SHERIFF'S 1999-02-25 150.00 0257999 IRRIGATION CONSULTANTS UNLIMIT 1999-02-25 41.75 0258000 INDIAN RIVER HAND 1999-02-25 231.63 0258001 JACOBS ELECTRIC MOTOR REPAIR 1999-02-25 79.30 0258002 JUDGE, JAMES A II 1999-02-25 83.72 0258003 JONES, GLENN H, DC 1999-02-25 350.00 0258004 JIM ROTT HOME IMPROVEMENTS & 1999-02-25 432.00 0258005 JEWETT ORTHOPAEDIC CLINIC 1999-02-25 46.80 0258006 JONES CHEMICALS, INC 1999-02-25 5,104.00 0258007 KIMLEY-HORN & ASSOCIATES, INC 1999-02-25 11,703.09 0258008 KING, JOHN W 1999-02-25 6.00 0258009 KNIGHT & MATHIS, INC 1999-02-25 10.50 0258010 KELLY TRACTOR CO 1999-02-25 24.60 0258011 KEY, PATRICIA W 1999-02-25 318.50 0258012 KIRBY AUTO SUPPLY FT PIERCE 1999-02-25 1,162.62 0258013 KT MOWER & EQUIPMENT 1999-02-25 119.90 0258014 KIRBY AUTO SUPPLY FT PIERCE 1999-02-25 39.40 0258015 KRUGER, INC 1999-02-25 81,810.00 0258016 LONG, JAMES T ESQUIRE 1999-02-25 9,900.00 0258017 L I TREE SERVICE, INC 1999-02-25 600.00 0258018 LOWE'S HOME CENTERS, INC 1999-02-25 5,591.33 0258019 LIBRARY CORP, THE 1999-02-25 6,065.00 0258020 L B SMITH, INC 1999-02-25 249.58 0258021 LESCO, INC 1999-02-25 1,254.54 MARCH 9, 1999 7 • BOOK 108 PACE528 BOOK 103 PAGE 529 CHECK NAME NUMBER cj�rcxCHECK DATE AMOUNT 0258022 LIVE OAR LAWN SUPPLY INC 1999-02-25 6,308.90 0258023 LUCENT TECHNOLOGIES 1999-02-25 155.63 0258024 LOWE'S HOME CENTERS, INC 1999-02-25 116.72 0258025 LANGSTON, HESS, BOLTON,ZNOSRO 1999-02-25 2,227.40 0258026 LANDSCAPE CONNECTION 1999-02-25 786.95 0258027 LYNCH, RONALD D 1999-02-25 700.00 0258028 MAXWELL PLUMBING, INC 1999-02-25 299.59 0258029 MCCOLLUM, NATHAN 1999-02-25 133.18 0258030 MCCORKLE RADIOLOGY 1999-02-25 10.68 0258031 INDIAN RIVER COMMUNITY COLLEGE 1999-02-25 14,505.91 0258032 MILNER DOCUMENT PRODUCTS 1999-02-25 276.17 0258033 MIXELL, LLONALD AND/OR 1999-02-25 299.00 0258034 MARTINS LAMAR UNIFORMS 1999-02-25 2,049.16 0258035 MATRX MEDICAL, INC 1999-02-25 56.39 0258036 MASTELLER & MOLER, INC 1999-02-25 2,970.00 0258037 MEDICAL RECORD SERVICES, INC 1999-02-25 37.70 0258038 MCMASTER-CARR SUPPLY COMPANY 1999-02-25 437.82 0258039 MCDADE WATERWORKS, INC 1999-02-25 33,537.26 0258040 MCCLEARY, MILDRED 1999-02-25 70.55 0258041 MR BOB PORTABLE TOILET 1999-02-25 176.12 0258042 MARC INDUSTRIES 1999-02-25 343.70 0258043 MCGUIRE, GEORGE SEAN 1999-02-25 209.09 0258044 MILLER, JOSEPH C 1999-02-25 112.04 0258045 MAX DAVIS ASSOCIATES INC 1999-02-25 104.50 0258046 MEDICAL SERVICES COMPANY 1999-02-25 106.33 0258047 MOSBY INC 1999-02-25 33.20 0258048 MEDIAONE 1999-02-25. 7,560.00 0258049 NACD LEAGUE CITY 1999-02-25 132.59 0258050 NEW READERS PRESS 1999-02-25 228.48 0258051 NOLTE, DAVID C 1999-02-25 181,074.74 0258052 NICOSIA, ROGER J DO 1999-02-25 1,500.00 0258053 NEW HORIZONS OF THE TREASURE 1999-02-25 35,607.33 0258054 NATIONAL PROPANE CORP 1999-02-25 53.33 0258055 NEELY, EMILY 1999-02-25 16.73 0258056 OXFORD UNIVERSITY PRESS 1999-02-25 43.75 0258057 PARRS RENTAL INC 1999-02-25 862.90 0258058 PETTY CASH 1999-02-25 158.50 0258059 PETTY CASH 1999-02-25 75.40 0258060 PHILLIPS, LINDA R 1999-02-25 38.50 0258061 PHYSIO CONTROL CORPORATION 1999-02-25 11,628.00 0258062 PROFESSIONAL TITLE OF 1999-02-25 15,000.00 0258063 PROFESSIONAL TITLE OF 1999-02-25 5,000.00 0258064 PORT PETROLEUM, INC 1999-02-25 1,206.64 0258065 PLEZALL WIPERS, INC 1999-02-25 109.42 0258066 PRESS JOURNAL 1999-02-25 366.00 0258067 POSTMASTER 1999-02-25 132.00 0258068 PINEWOODS ANIMAL HOSPITAL 1999-02-25 15.00 0258069 PRIMARY CARE OF THE TREASURE 1999-02-25 630.00 0258070 PANGBURN, TERRI 1999-02-25 24.00 0258071 PRESS JOURNAL/STUART NEWS 1999-02-25 134.75 0258072 PRAXAIR DISTRIBUTION 1999-02-25 144.47 0258073 PROMEDIX CORP 1999-02-25 2,433.26 0258074 PRICE, MATTHEW A. 1999-02-25 800.00 0258075 POSTMASTER 1999-02-25 225.60 0258076 PING, INC 1999-02-25 441.79 0258077 QUINLAN, TRACY L 1999-02-25 14.50 0258078 RINGHAVER 1999-02-25 2,839.78 0258079 RUSSELL CONCRETE, INC 1999-02-25 260.00 0258080 RISSMAN, WEISBERG, BARRETT, 1999-02-25 28.50 0258081 RELIANCE PETROLEUM CO, INC 1999-02-25 161.10 0258082 RIA GROUP 1999-02-25 1,130.04 MARCH 9, 1999 8 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0258083 RSR 1999-02-25 5,699.86 0258084 ROYAL CUP COFFEE 1999-02-25 140.85 0258085 RAPP, PAMELA 1999-02-25 48.00 0258086 SEBASTIAN, CITY OF 1999-02-25 150.00 0258087 SEWELL HARDWARE CO, INC 1999-02-25 51.59 0258088 SEXUAL ASSAULT ASSISTANCE 1999-02-25 4,459.33 0258089 SOUTHERN EAGLE DISTRIBUTING, 1999-02-25 534.40 0258090 STURGIS LUMBER & PLYWOOD CO 1999-02-25 989.33 0258091 SIMON & SCHUSTER 1999-02-25 389.99 0258092 SUN BELT MEDICAL SUPPLY, INC 1999-02-25 2,639.92 0258093 SHELDON, JAMES 1999-02-25 679.96 0258094 SYSCO FOOD SERVICES OF 1999-02-25 1,000.52 0258095 SEBASTIAN HOSPTIAL 1999-02-25 43.61 0258096 SMITH, VICKY 1999-02-25 241.70 0258097 SANDY PINES 1999-02-25 509.00 0258098 SOUTHERN LOCK AND SUPPLY CO 1999-02-25 41.19 0258099 SUNET DIRECT 1999-02-25 50.85 0258100 SOUTHPORT APPAREL, INC 1999-02-25 40.50 0258101 SOUTHERN COMPUTER SUPPLIES INC 1999-02-25 97.00 0258102 SHIELDS, VANESSA 1999-02-25 38.62 0258103 SCHWEY, PAUL MATTHEW 1999-02-25 36.00 0258104 ST JOHNS RIVER WATER MANAGEMNT 1999-02-25 17,513.25 0258105 STEWART, SARAH LYNN 1999-02-25 38.62 0258106 SOUTHWESTERN SUPPLIERS INC 1999-02-25 65,491.33 0258107 SIEMENS CERBERUS DIV 1999-02-25 169.49 0258108 STUDSTILL, MICHAEL & SANDRA 1999-02-25 500.00 0258109 TEN -8 FIRE EQUIPMENT, INC 1999-02-25 16,951.19 0258110 TERRA 1999-02-25 1,047.50 0258111 TLC DIVERSIFIED, INC 1999-02-25 14,490.00 0258112 TEXACE CORP 1999-02-25 398.51 0258113 TRUGREEN CHEMLAWN 1999-02-25 770.00 0258114 TREASURE COAST MASSAGE THERAPY 1999-02-25 182.00 0258115 TREASURE COAST COURT 1999-02-25 50.00 0258116 UNIVERSITY OF FLORIDA 1999-02-25 20.00 0258117 UNIVERSITY OF FLORIDA 1999-02-25 930.00 0258118 USA BLUEBOOK 1999-02-25 197.10 0258119 UNIVERSITY OF TAMPA PRESS 1999-02-25 52.63 0258120 US FILTER/STRANCO 1999-02-25 506.85 0258121 UNISTRUT NORTHERN 1999-02-25 95.00 0258122 USL CITY ENVIRONMENTAL 1999-02-25 14,540.00 0258123 VELDE FORD, INC 1999-02-25 400.17 0258124 VERO BEACH, CITY OF 1999-02-25 _ 1,577.88 0258125 VERO BEACH, CITY OF 1999-02-25 9,175.00 0258126 VERO LAWNMOWER CENTER, INC 1999-02-25 98.05 0258127 VIRGIL'-S RADIATOR WORKS 1999-02-25 1,416.00 0258128 VERO BEACH, CITY OF 1999-02-25 32.50 0258129 VERO BEACH, CITY OF 1999-02-25 1,649.11 0258130 VERO BEACH POLICE DEPARTMENT 1999-02-25 25.00 0258131 VERO BEARING & BOLT 1999-02-25 258.71 0258132 VANTAGE EQUIPMENT CO 1999-02-25 1,040.94 0258133 VERO COLLISION CENTER 1999-02-25 1,850.00 0258134 WAL-MART STORES, INC 1999-02-25 480.37 0258135 4 W GRAINGER, INC 1999-02-25 34.44 0258136 WINN DIXIE ORLANDO 1999-02-25 627.28 0258137 WAL-MART PHARMACY, INC 1999-02-25 23.51 0258138 WILLHOFF, PATSY 1999-02-25 104.00 0258139 WINN DIXIE STORE 1999-02-25 24.96 0258140 WILLIAM THIES & SONS, INC 1999-02-25 165.00 0258141 WALGREENS PHARMACY 1999-02-25 147.45 0258142 WEST GROUP PAYMENT CTR 1999-02-25 724.50 0258143 WOLFE, ERIN 1999-02-25 33.47 0258144 ZEE MEDICAL SERVICE 1999-02-25 120.98 MARCH 9, 1999 U BOOK 108 FAGE 30 BOOK 108 PAGE 53i CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0258145 TRIPP, WILBUR 1999-02-25 494.00 0258146 BLOOMINGBURG, OTTO H 1999-02-25 592.40 0258147 JOHNSON, LETISHA D 1999-02-25 988.00 0258148 BECKER, RICHARD 1999-02-25 105.04 0258149 ERENBERG, DONALD 1999-02-25 105.06 0258150 CUDDIE, ELDEN 1999-02-25 52.58 2,098,333.50 7.C. Native Habitat, Inc./Prange Islands - Contract Revision and WaiverofPerformance Bond Rgluirement The Board reviewed a Memorandum of March 3, 1999: TO: James E. Chandler County Administrator DE TMENT HEAD CONCURRENCE: 1 Obert M. Keating, AI P Community Development Director THROUGH: Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement Section FROM: James E. Rosich, AICP Environmental Planner DATE: March 3,1999 RE: Request to Revise Contract with Native Habitat, Inc. to Waive Performance Bond Requirement It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 9, 1999. BACKGROUND At its meeting of February 9, 1999, the Board of County Commissioners approved the Purchasing Division's request for the County to execute a contract with Native Habitat, Inc. to perform herbicide treatment of nuisance exotic vegetation on the Prange Islands at the quoted price of $24,950. Subsequently, Native Habitat, Inc. requested that staff waive the performance bond requirement for this project. County Code Section 105.04(h)(1) states that normally for contracts under $25,000 payment and performance bonds shall not be required (see attached memorandum from Deputy County Attorney Will Collins). MARCH 9, 1999 10 ri • ANALYSIS Although this project calls for a two year time of completion, the majority of the work will be completed within 3-4 weeks of contract execution. The remaining work will consist of performing monitoring and follow up applications of herbicide, as necessary. To ensure that these are completed, 10% of the bid price ($2,495) will be retained, and released upon project completion. Thus, there is no need to require a performance bond for this project. RECOMMENDATION Staff recommends that the Board of County Commissioners waive the performance bid requirement and authorize staff to execute a contract with Native Habitat, Inc.. ATTACHMENTS _ 1. Memorandum from Deputy County Attorney William Collins dated February 22, 1999. 2. Copy of February 9, 1999 Board of County Commissioner minutes regarding Prange Islands/ Native Habitat, Inc. bid approval. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Stanbridge, the Board unanimously waived the performance bond requirement and authorized staff to execute a contract with Native Habitat, Inc. to perform herbicide treatment of nuisance exotic vegetation on the Prange Islands at the quoted price of $24,950, as recommended in the Memorandum. CONTRACT WILL BE PLACED ON FILE IN TAE OFFICE OF TBE CLERK TO TAE BOARD WEEN EXECUTED AND RECEIVED 7.D. 1998 Tran&portation Disadvantaged Planning Grant - Progress Report and Reimbursement Invoice #4 Approval The Board reviewed a Memorandum of February 25, 1999: TO: James7E. Chandler County Administrator HEAD CONCURRENCE Robert M. Keating, AICP' Community Development FROM: Sasan Rohani, AICP S .A Chief, Long -Range Planning MARCH 9, 1999 11 BOOK 108 FAE532 BOOK 108 PAGE DATE: February 25, 1999 RE: REQUEST FOR APPROVAL OF PROGRESS REPORT & REIMBURSEMENT INVOICE #4 FOR THE 1998 TRANSPORTATION DISADVANTAGED PLANNING GRANT It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 9, 1999. DESCRIPTION AND CONDITIONS It is required, as part of the Transportation Disadvantaged (TD) Planning Grant contract between the Indian River County Board of County Commissioners (BCC) as the Designated Official Planning Agency (DOPA) and the State of Florida Commission for the Transportation Disadvantaged (CTD), that periodic progress reports and reimbursement invoices be submitted. To comply with the CTD's requirements, staff has prepared a progress report and invoice for the period from October 1, 1998 to December 31, 1998. For the 1998 planning grant period, the invoice and progress report represent the fourth and final submittal. This progress report and applicable finished products, such as the Local Coordinating Board (LCB) meeting agenda items, CTC reports, etc., are required to accompany all reimbursement invoices. On February 25, 1999, the Transportation Disadvantaged Local Coordinating Board (TDLCB) reviewed and approved the attached progress report and invoice. At that time, the TDLCB recommended that the Board of County Commissioners, in its capacity as the Transportation Disadvantaged Program Designated Official Planning Agency (DOPA), approve the attached progress report and invoice and forward these to the CTD. ALTERNATIVES AND ANALYSIS Attached is a copy of the progress report and invoice for the October 1, 1998 to December 31, 1998 period. Finished products such as TDLCB meeting agenda items, CTC reports, and other pertinent reports are required to accompany all reimbursement invoices. These materials will be submitted to the state along with the reimbursement invoice and the progress report. The BCC/DOPA's alternatives are either to approve the transmittal of the Progress Report and reimbursement invoice as submitted, to approve transmittal of the Progress Report and invoice with revisions, or to deny the transmittal of the Progress Report and reimbursement invoice to the state. Choosing the last alternative could affect the county's reimbursement of staff time expended for transportation disadvantaged planning related services. RECOMMENDATION The TDLCB and the staff recommend that the Board of County Commissioners/DOPA approve Progress Report and reimbursement invoice #4, and direct staff to transmit the report and the invoice to the State of Florida Commission for the Transportation Disadvantaged (CTD). Attachments Progress Report and reimbursement invoice #4, 1998 planning grant. MARCH 9, 1999 12 • • ON MOTION by Commissioner Adams, SECONDED BY Commissioner Stanbridge, the Board unanimously approved the Progress Report and Reimbursement Invoice #4 and directed staff to transmit the report and the invoice to the State of Florida Commission for the Transportation Disadvantaged, as recommended in the Memorandum. 7.E. Oslo Riverfront Conservation Area - Intergovernmental ManagementAgreementwith FloridaklandNavigationDistrict and A Johns River Water Management District to Include the Flinn Tract LAAC Site The Board reviewed a Memorandum of March 3, 1999: TO: James E. Chandler County Administrator HEAD CONCURRENCE: `- eit M. Keating, AICPj Community Development Dire FROM: Roland M. DeBlois;-�QCP Chief, Environmental Planning DATE: March 3, 1999 SUBJECT: Approval of Amendment to the Oslo Riverfront Conservation Area Inter- governmental Management Agreement to Include the Flinn Tract LAAC Site It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 9, 1999. On June 17, 1998, the ±37.6 acre Flinn tract on south Indian River Boulevard was acquired under the County environmental lands program with cost -share funding from the St. Johns River Water Management District (SJRWMD) and the Florida Inland Navigation District (FIND). Prior to that, on February 3, 1998, the Board of County Commissioners approved a cost -share participation agreement with SJRWMD and FIND to acquire the Flinn tract, stipulating that an intergovernmental management agreement would subsequently be drawn up setting forth the levels of management responsibilities among the three agencies. MARCH 9,1999 13 BOOK 103 FADE 3 F, BOOK 108 PAGE �P � As such, attached is a proposed intergovernmental management agreement for the Flinn tract, in the form of an amendment to a 1991 agreement between the County and SJRWMD for management of the Oslo Riverfront Conservation Area (ORCA). The Flinn tract and ORCA are part of the overall "Oslo Riverfront Corridor" project area identified by the SJRWMD and the County. Therefore, it is appropriate for the Flinn tract management agreement to be an amendment to the existing ORCA management agreement. Indian River County has an undivided 50% title interest in both the Flinn and ORCA properties. In both cases, when the properties were approved for purchase, the County agreed to be the manager of the properties. Following are the main points of the proposed management agreement amendment for the Flinn tract: 0 • The County is to revise the ORCA management plan within one year to include the Flinn tract. • The SJRWMD agrees to assist with land management activities as requested by the County. • FIND will provide 25% cost -share funds for invasive plant management, and up to 50% cost -share funding for public access improvements. • The County will be responsible for providing and maintaining public access facilities and overseeing the removal of invasive plant species. Staff recommends that the Board of County Commissioners approve the attached "First Amendment to the Oslo Riverfront Conservation Area Intergovernmental Management Agreement" relating to the Flinn tract, and authorize the Board Chairman to execute said Agreement. Copy of the proposed "First Amendment to the Oslo Riverfront Conservation Area Intergovernmental Management Agreement" (including the original ORCA Intergovernmental Management Agreement) Map of the Flinn tract and overall Oslo Riverfront Corridor (north portion) ON MOTION by Commissioner Adams, SECONDED BY Commissioner Stanbridge, the Board unanimously approved the First Amendment to the Oslo River&ont Conservation Area Intergovernmental Management Agreement with St. Johns River Water Management District and Florida Inland Navigation District relating to the Flinn Tract and authorized the Chairman to execute same, as recommended in the Memorandum. MARCH 9. 1999 ons @@ff-W FIRST AMENDMENT TO CONTRACT IS AITLE IN THE OFFICE OF THE CLERK TO THE BOARD 14 0 ZF. Purchase ofLawnmower from Vero Lawnmower - Bid Waived The Board reviewed Memoranda of February 23, 1999 and March 1, 1999: DATE: February 23, 1999 TO: Tom Frame, Director Department of General SZge�, s FROM: Fran Powell, Purchasing SUBJECT: Mower for Building and Grounds Division Per your request, the Snapper Zero Turn Mower (Model Z2205K) for Building and Grounds is a model that Snapper Mowers has discontinued from their product line. This unit has a 20 hp Kohler engine with a 48" deck and hydro drive joystick steering system. This model number has been replaced with a 22hp Kohler engine with a 52" deck. Vero Lawnmower Center has successfully located one of the remaining units through his distributor and can have the unit delivered within a few days. The suggested retail list for this unit is $6,500.00 and the County's price is $5,599.00. Commercial mower units are available on State Contract but the unit most closely meeting the specifications is a SCAG Zero -Turn Rider (STT52B-22KA) with a 52" deck for $6,980.00. The new Snapper model with a 22 hp motor and a 52" deck would cost the County $5,865.00 from our local Snapper dealer. With Board approval, the Building and Grounds Division has standardized on Snapper mowers to cut down on cost to inventory parts and be able to interchange parts from one unit to the another. Even with this model being discontinued by Snapper, availability of parts, will not be a problem from the manufacturer. The warranty on this unit is one (1) year on the machine and two (2) years on the engine. In closing, I recommend staff prepare an agenda item for Board approval requesting the waiver of the bidding requirements and authorize the direct purchase of the Snapper discontinued model from Vero Lawnmower at $5,599.00. If I can be of any further assistance, please do not hesitate to call. MARCH 9, 1999 15 600K iW Ft�GE �� BOOK 108 PAGE 537 TO: Honorable Board of County Commissioners THRU: James E. Chandler, County Administrator THRU: Tom Frame, Director General Services FROM: Lynn Williams, Superintenden Buildings & Grounds DATE: March 1, 1999 SUBJECT: Bid Waiver Consent Agenda DESCRIPTION AND CONDITIONS: Staff is requesting authorization to waive the bidding requirements for the purchase of a Zero Turn Snapper Lawnmower. ALTERNATIVES AND ANALYSIS: The attached memorandum explainsthe research and the savings opportunity. RECOMMENDATION AND FUNDING: Staff recommends the purchase of a 1997 "new" Model Z2205K Mower from Vero Lawnmower at the price of $5,599.00. Funding is available in account #001-220-519-066.49. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Stanbridge, the Board unanimously waived the bidding requirements for the purchase of a Zero Turn Snapper Lawnmower and authorized the purchase of a 1997 "neva' Model Z2205K mower from Vero Lawnmower in the amount of $5,599, as recommended in the Memoranda. (Clerk's Note: Following discussion of item 7.G., Vice Chairman Adams asked why the recommendation was not for a more powerful motor, and Buildings and Grounds Superintendent Lynn Williams advised that staffwas trying to standardize and deck size was important to them, not the horsepower of the motor.) MARCH 9, 1999 16 7. G. Bid #9044 - Exterior Painting of County Administration Building and Health Building - Lucas Water roo in Colnpany The Board reviewed a Memorandum of March 3, 1999: DATE: March 3, 1999 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator Tom Frame, General Services Directo66k� W FROM: —Fran Boynton Powell, Purchasing Manager SUBJECT: Bid Award: IRC #9044/ Painting of County Administration & Health Buildings Building and Grounds Division BACKGROUND INFORMATION Bid Opening Date: Advertising Dates: Specifications hWed to: Replies: "No Bid" Response: VENDOR Lucas Waterproofing Co. Vero Beach, Fl R.E. Steele Painting Vero Beach, Fl Exterior Coating by Maritime Vero Beach, Fl McPoyles Painting Inc. West Palm Beach, Fl Russell Payne Painting Vero Beach, Fl Special Coating Systems Ocala, Fl TOTAL AMOUNT OF BID SOURCE OF FUNDS ESTIMATED BUDGET RECOMMENDATION February 26,1999 at 2:00 PAL February 10, & 17, 1999 Twenty six (26) Vendors Six (6) Vendors Five (5) Vendors TOTAL BID $47,500.00 $47,840.00 $56,110.00 $64,171.15 $66,042.70 $86,000.00 S47,500.00 Building Alterations 001-220-519-041.25 $52,300.00 Staff recommends that the bid be awarded to Lucus Waterproofing Company as the lowest most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. (See attached Department Memo). In addition, staff requests authorization for the Chairman to execute the original contract document when the attached sample contract has been reviewed and approved as to form by the County Attornev. MARCH 99 1999 17 BOOK 103 FAGS 538 I BOOK 108 PAGE 5J9 Commissioner Ginn recommended that staff get some advice in determining color and trim colors so the buildings look nice when the job is completed. General Services Director Tom Frame had walked the perimeter of the buildings and noted that they consisted of a lot of different textures and the Administration Building has had many additions. He thought they needed professional advice. Vice Chairman Adams questioned why staff did not recommend the low bid for each building instead of the combined low base bid. She encouraged the use of the two companies with the lowest bid for each building. Director Frame asked the Board to defer the matter for a week so he would be better prepared to address their concerns. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board Unanimously tabled the matter for a week. Z.H. Assignment of Food Service Concession License for County Administration Building trom All Itto Robin Trogdon The Board reviewed a Memorandum of February 26, 1999: Date: February 26, 1999 To: Honorable Board of County Commissioners Thru: James E. Chandler, County Administrator From: Thomas W. Frame, General Services Director Subject: Assignment of Concession License in Administration Building Consent Agenda BACKGROUND: On January 3, 1995, the Board of County Commissioners approved a license agreement for the operation of the "County Food Service Concession" with Lillian Ni Barker. The selection was the result of a Request for Proposals (RFP) solicited by Indian River County. Subsequently, the concession was assigned with approval of the Board to Salvatore Pecoraro on May 13, 1997. Then on October 20, 1998, the Board approved an assignment from Mr. Pecoraro to Mr. Allyn Withee. MARCH 9,1999 18 • Due to personal reasons beyond Mr. Withee's control, he is no longer able to continue with the operation and would like the approval of the County Commissioners to allow the assign of the license to Mrs. Robin Trogdon, 1401 25th Avenue, Vero Beach. Mrs. Trogdon has over twenty years experience in food preparation and service in Palm Beach County. ANAYLSIS• The option to the Board is to either approve the assignment which will not provide any interruption in service, or solicit new proposals recognizing that could take several weeks to accomplish with no guarantee of any qualified responses. Mrs. Robin Trogdon, who will operate the facility with her husband is ready to continue the operation without interruption of services. RECOMMENDATION: Approve the assignment from Allyn Withee to Robin Trogdon subject to the terms and conditions of the original license agreement approved by the Board on January 3, 1995, to Lillian Barker and subsequently assigned to Allyn Withee, and authorize Board Chairman to execute said agreement. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Stanbridge, the Board unanimously approved the assignment of concession license in Administration Building from Allyn Withee to Robin Trogdon subject to the terms and conditions of the original license agreement and authorized the Chairman to execute said agreement; as recommended in the Memorandum. ASSIGNMENT OF LICENSE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD U LWayers Association of Indian River County v. Indian River County Acquisition of 50 Lots from Atlantic Gulf Communities - Sebastian Highly The Board reviewed a Memorandum of March 2, 1999: TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attomey"v DATE: March 2, 1999 SUBJECT: Taxpayers Association of IRC v. Indian River County MARCH 99 1999 19 • BOOK 108 PAGE 540 BOOK 108 FAGE 54.E The Taxpayers Association challenged the County's acquisition, under the LAAC Program, of the 50 lots from Atlantic Gulf Communities in the Sebastian Highlands area. The Taxpayers petitioned for a writ of certiorari to the Circuit Court. The petition was denied as moot. The Taxpayers appealed to the 4th DCA. The 4th DCA remanded the case to the Circuit Appellate Division for a decision on the merits. The Circuit Court's Appellate Division denied the petition and the time for appeal or rehearing has expired. The decision of the Court upholds the manner and procedure that the County used to purchase the Sebastian Highlands lots. A copy of the decision is attached. NO ACTION REQUIRED OR TAKEN. 7.J. False Alarms Responded to by Law Enforcement - Proposed Ordinance Scheduled -for March 23, 1999 Public Hearing The Board reviewed a Memorandum of March 3, 1999: TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attornep DATE: March 3, 1999 SUBJECT: False Alarms Responded to by Law Enforcement The proposed ordinance directed to the subject matter which was presented by the Sheriff to the Board of County Commissioners previously has been revised by the Office of the Sheriff and is now ready for a public hearing. A hearing date of March 23, 1999 is recommended. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Stanbridge, the Board unanimously approved a hearing date for the proposed False Alarms ordinance for March 23, 1999, as recommended in the Memorandum. MARCH 9, 1999 0 20 0 • • 7X Annual County Tax Deed A plications -13 Parcels The Board reviewed a Memorandum of February 25, 1999: TO: Board of County Commissioners FROM: Lea R. Keller, CLA Certified Legal Assistant THRU: Charles P. Vitunac, County Attorney DATE: February 25, 1999 RE: Annual County Tax Deed Applications The Clerk of the Circuit Court has notified us that there are 13 parcels that are now eligible for tax deed applications (as shown on the attached list). In connection with this there are certain fees that the County must pay (as itemized on the attached list). Requested Action: Staff requests that the Board approve the payment of $3,309.17 to the Clerk. Attachments: 13 Tax Deed Applications ON MOTION by Commissioner Adams, SECONDED BY Commissioner Stanbridge, the Board unanimously approved payment of $3,309.17 to the Clerk of the Circuit Court regarding 13 parcels now eligible for tax deed applications, as requested in the Memorandum. U. Payments to Vendors of Court Related Costs The Board reviewed a Memorandum of February 26, 1999: TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attomey o DATE: February 26, 1999 SUBJECT: Payments to Vendors of Court Related Costs MARCH 9, 1999 21 BOOK 10j PAGE" BOOK 103 PAGE 543 The Office of the County Attorney has processed and approved payment to the following vendors for the weeks of February 15 and February 22, 1999. Listed below are the vendors names and the amount of each court related costs. Town of Newburgh Court Record Research 5.00 Sandy Crawford/Brevard Clerk Record Research 7.00 Peggy Gollnick Transcription 45.50 Linda R. Phillips Transcription 17.50 Peggy Gollnick Transcription 136.50 Peggy Gollnick Transcription 77.00 Shirley E. Corbin Transcription 66.50 Linda R. Phillips Transcription 98.00 Linda R. Phillips Transcription 63.00 State Attorney Info & Evidence Witness Management 33.00 Ralph Mora, Ph.D. Clinical Evaluation 500.00 Ronald G. Lynch, J.D. Expert Witness 700.00 Kenneth R. Director, M.D. Clinical Evaluation 525.00 Esquire Reporting, Inc. Court Reporter 25.00 John J. Williams, D.D.S. Expert Witness 225.00 James T. Long, Esq. Public Defender Conflicts - Juvenile 300.00 James T. Long, Esq. Public Defender Conflicts - Misd. 600.00 James T. Long, Esq. Public Defender Conflicts - Felony 9,000.00 Brevard Assoc. Court Services Transcription 18.00 Medical Record Services Record Research 37.70 American Reporting Transcription 85.00 Floyd F. Evans Court Interpreter 12.50 Patricia W. Key Transcription 318.50 Floyd F. Evans Court Interpreter 12.50 Linda R. Phillips Transcription 38.50 Floyd F. Evans Court Interpreter 12.50 Floyd Evans Court Interpreter 12.50 Treasure Coast Court Report Court Reporter 50.00 Gary W. Litman, Ph.D. Expert Witness 2,012.50 William Coffin Witness Reimbursement 87.00 Treasure Coast Court Report Court Reporter 100.00 Treasure Coast Court Report Court Reporter 25.00 H. Hooshmand, M.D., P.A. Clinical Evaluation 500.00 Treasure Coast Court Report Court Reporter 50.00 Linda R. Phillips Transcription 45.50 Robert J. Brugnoli, Ph.D. Clinical Evaluation 500.00 Robert J. Brugnoli, Ph.D. Clinical Evaluation 500.00 Laurence S. Levine, Psy.D. Expert Witness 1,400.00 Shirley E. Corbin Transcription 140.00 Shirley E. Corbin Transcription 143.50 Shirley E. Corbin Transcription 80.50 Shirley E. Corbin Transcription 77.00 Shirley E. Corbin Transcription 38.50 Shirley E. Corbin Transcription - 308.00 Shirley E. Corbin Transcription 220.50 Robert J. Brugnoli, Ph.D. Clinical Evaluation 300.00 American Reporting Transcription 80.00 Total $19,629.70 NO ACTION REQUIRED OR TAKEN. MARCH 99 1999 22 0 • ZA Economic Development Council - Accept Resignation of Linda Pell Nagy The Board reviewed a letter of February 25, 1999: 8006 James Rd. Ft. Pierce, FL 34951 Indian River County Administration Building Attn. Commissioner John Tippin, Chairman 1840 25th Street Vero Beach, FL 32960 February 25, 1999 Dear Chairman Tippin, As much as I have enjoyed being a member of the Indian River Economic Development Council, I feel that it is appropriate for me to step down at this time. I have been representing a civic group, through the American Business Women's Association. So far, I have been unsuccessful in acquiring any other members in the group to take my place; assuming that was feasible. After getting married, and settling down in Lakewood Park, part of St. Lucie County, it seems inappropriate for me to be representing the interests of Indian River County. Please accept my apologies for being unable to continue my position. My thoughts have been greatly concerned with the ethics of my staying on the board. Thank you for allowing me to participate on the board. I have found it very interesting and educational. I hope that I was able to provide useful information and feedback while on the board. With regrets, Linda Nagy (formerly Pell) ON MOTION by Commissioner Adams, SECONDED BY Commissioner Stanbridge, the Board unanimously accepted the resignation of Linda Pell Nagy from the Economic Development Council with regret. MARCH 9, 1999 23 BOOK 108 PAGE 544 BOOK. PAGE 545) 7.N. Miscellaneous Budget Amendment 010 The Board reviewed a Memorandum of March 311999: TO: Members of the Board of County Commissioners DATE: March 3, 1999 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 010 CONSENT AGENDA THROUGH: Joseph A. Baird OMB Director FROM: Jason E. Brown Budget Analyst DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. On December 8, 1998, the Board of Commissioners approved a joint participation agreement with the Florida Department of Transportation to receive grant monies in the amount of $203,868. This Public Transit Block Grant is used by the county to fund the Community Transportation Coordinator. The attached entry appropriates funding. 2. Communication equipment upgrades for the 911 Communications Centerwere budgeted for $276,052 in fiscal year 1997/98. Not all work on the system was completed last year. This entry appropriates funding of $148,070 in the current year from the 911 Surcharge Cash Forward revenues. 3. Office equipment for the County Attorney's office was budgeted for $5,600 in fiscal year 1997/98. Some of the requested equipment was not purchased until the current year. The attached entry appropriates funding from General Fund Cash Forward revenues. 4. On February 16, 1999, the Board of Commissioners approved a proposal to upgrade the 800 MHz communications system to meet Year 2000 compliance at a cost of $135,633.26. Funding will come from Optional Sales Tax revenues. 5. The Budget Department calculated the sick incentive incorrectly for the Recreation Department employees. The attached entry appropriates funding from the M.S.T.U. Reserve for Contingencies. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment. MARCH 99 1999 24 0 0 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Stanbridge, the Board unanimously approved Budget Amendment 010, as recommended in the Memorandum. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director BUDGET AMENDMENT: 010 DATE: March 3.1999 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. REVENUES GENERAL FUND/ FDOT Public Transportation Block Grant 0014000-334-045.00 $203,868 SO EXPENSES GENERAL FUND/ Community Transportation Coordinator 001-110-541-088.23 5203,868 $0 2. REVENUES 911 SURCHARGE/ Cash Forward Revenues 120-000-389-040.00 $148,070 50 EXPENSES 911 SURCHARGE/ Communications Equipment -All 120-133-519-066.45 $143,230 50 911 SURCHARGE/ Office Furniture and Equipment 120-133-519-066AI $4,840 $0 3. REVENUES GENERAL FUND/ Cash Forward Revenues 001-000-389-040.00 $1,172 $0 EXPENSES GENERAL FUND/ County Attorney/ Office Furniture & Equipment 001-102-514-066AI $1,172 50 4. REVENUES OPTIONAL ONE CENT SALES TAX/ Interest Earnings 315-000-361-015.00 $135,634 SO EXPENSES OPTIONAL ONE CENT SALES TAX/ Emergency Management/ 800 MHz system 315-208-525-06651 $135,634 $0 5. EXPENSES MUNICIPAL SERVICES TAXING UNIT/ Recreation/ Special Pay 004108-572-011.15 $1,088 50 MUNICIPAL SERVICES TAXING UNIT/ Recreation/ Social Security Matching 004108-572-012.11— $69 50 MUNICIPAL SERVICES TAXIING UNIT/ Recreation/ Medicare Matching 004108-572-012.17 $16 SO MUNICIPAL SERVICES TAXING UNIT/ Recreation/ Retirement Contribution 004-108-572-012.12 5180 50 MUNICIPAL SERVICES TAXING UNIT/ Recreation/ Worker's Compensation 004-108-572-012.14 $38 SO MUNICIPAL SERVICES TAXING UNIT/ Reserve for Contingencies 004-199-581-099.91 $0 5091 MARCH 99 1999 25 600K 108 FAGE 011D BOOK 106 PAGE 54 9.A.1. ORDINANCE 99-05 - ON SITE MANAGEMENT GROUP. INC. - REZONING FOR POINTE WEST DEVELOPMENT (APPROXIMATELY 602.99 ACRES FROM RM -8 AND A-1 TO PDTND� AND CONCEPTUAL PLANNED DEVELOPMENT PLAN APPROVAL (GENERAL LOCATION: SOUTH OF SR -60, NORTH OF 8TH STREET, BETWEEN 66TH AVENUE AND 82ND AVENUE) PROOF OF PUBLICATION OF ADVERME1AM FOR REARING I5 ON FILE IN TAE OFFICE OF TBE CLERK TO TAE BOARD The Board reviewed a Memorandum of March 3, 1999: TO: James E. Chandler County Administrator DTP90N HEAD CONCURRENCE: .�i ,L Robert -M. Keating, AICP,� Community Development hector+-/ -4-6; THROUGH: Stan Boling, AICP Planning Director FROM: John McCoy, AICAdiZ R Senior Planner, Current Development DATE: March 3, 1999 SUBJECT: On Site Management Group Inc.'s Request to Rezone Approximately 602.99 Acres From RM -8, Residential Multi -Family (up to 8 units/acre), and A-1, Agricultural 1 (up to 1 unit/5 acres), to Planned Development Traditional Neighborhood Design (PDTND) and Receive Conceptual Planned Development Plan Approval It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 9, 1999 This is a request by On Site Management Group, Inc., through its agent Masteller & Moler, Inc., to rezone approximately 602.99 acres from RM -8, Residential Multi -Family (up to 8 units/acre), and A-1, Agricultural 1 (up to 1 unit/5 acres), to PDTND (Planned Development Traditional Neighborhood Design). As part of the rezoning request, a conceptual PD plan has been submitted for approval. The site is located between SR 60 and 81' Street; east of 82nd Avenue and West of 661' Avenue (please see attachment #2). The purpose of this request is to secure a zoning district and conceptual PD plan approval that allows a Traditional Neighborhood Design project. MARCH 9, 1999 • Planning and Zoning Commission Action At its regular meeting of January 28, 1999, the Planning and Zoning Commission voted unanimously (6-0) to recommend that the Board of County Commissioners approve the PD rezoning and PD conceptual plan with the conditions recommended by staff, including modification to two of the conditions. The two modified conditions relate to buffering. One of the modified conditions addresses buffering between West Lake Estates and the future elementary school site, while the other modified condition addresses buffering between the SR 60 office/commercial area and adjacent uses to the east and west. These modified buffer conditions are detailed in this report and are incorporated into this report's recommendation. — As a result of concerns expressed by West Lake Estates residents about the construction of 16th Street, staff has developed another option for paving 161 Street that would eliminate the need for additional right-of-way from all or some of the West Lake Estates lots. As an option to acquiring right-of-way from West Lake Estates lots and buffering a roadway that would be located closer to existing homes, the developer could dedicate an additional 30' of right-of-way along the south side of the 161 Street canal and relocate the canal 30' to the south, or culvert the canal, and build 16th Street in the 60' of existing road and canal right-of-way. With this option, where the road is shifted south,there would not appear to be a need for 16' Street buffering since the paved road would not be located closer to homes than the existing unpaved road. Such an option would require approval of and coordination with the Indian River Farms Water Control District (IRFWCD). Staff has included this option in the recommendation to provide greater flexibility to work out an acceptable developer's agreement in the future. Details of these options and the timing of such an agreement are addressed in the analysis section of this report. • Planned Development Rezoning Required Presently, the site is zoned RM -8 (19.8 acres) and A-1 (583.09 acres), with 95.52 acres inside the Urban Service Area (USA) and 507.47 acres outside the USA. The 95.52 acres inside the USA are designated M-1, medium density (up to 8 units/acre), while the property outside the USA is designated AG -1, Agricultural 1(up to 1 uniV5 acres). Based on Objective 18 of the comprehensive plan future land use element, the developer is required to go through the planned development (PD) rezoning process to secure approval for the proposed TND project. • The PD Zoning District Generally The county has reviewed and approved PD rezonings involving both non-residential and residential projects. These include: Wal Mart/Sams, Hedin Commercial, Magi Mini Storage, Randall Mini Storage, and Old Orchid Groves. Unlike standard zoning districts, there are no specific size or dimensional criteria for PD districts. Instead, the PD district is based on the underlying land use plan designation for density, use and compatibility. In the PD zoning district, setbacks and other typical zoning district criteria are established on a site by site basis through approval of a conceptual PD plan that is adopted as part of the PD rezoning ordinance. The conceptual PD plan serves as the zoning standard for the site. A rezoning to the PD district requires the submission of a binding conceptual PD plan which, along with certain PD district requirements, limits uses and sets -forth specific development standards on each site. Thus, a PD rezoning allows a unique PD district, that is consistent with the site's underlying land use designation(s), to be developed for each site. In this case, the conceptual plan proposes: up to 1,199 residential units; office, commercial, civic and institutional uses; an 18 hole golf course open to the public; and an equestrian/residential development. Aspects of the proposed conceptual PD plan, including satisfaction of Objective 18 TND policies and criteria, are addressed in the "plan analysis" section of this report. MARCH % 1999 27 BOOK 108 PAGE 543 I BOOK 108 FADE 549 0 The PD Rezoning Process The PD rezoning review, approval, and development process is as follows: STEP 1. Rezoning and Conceptual PD Plan Approval: Review and recommendation made by staff and by the Planning and Zoning Commission. Final action taken by the Board of County Commissioners. STEP 2. Preliminary PD Plan/Plat (combination of site plan and preliminary plat) Approval: Review and recommendation made by staff. Final action taken by the Planning and Zoning Commission. Must comply with the Board's action/approval of conditions on the rezoning request. STEP 3. Land Development Permit or Permit Waiver: Reviewed and issued by staff for construction of subdivision improvements (road, utilities, drainage). STEP 4. Building Permit(s): Reviewed and issued by staff for construction of buildings. STEP 5. Final PD plat Approval: Review and recommendation made by staff. Final action taken by the Board of County Commissioners. STEP 6. Certificate of Occupancy: Reviewed and issued by staff for use and occupancy of buildings. The applicant is pursuing approval of Step 1. If the Board approves the rezoning and conceptual plan, then preliminary PD plan approval for each phase or combination of phases will be reviewed by the Planning and Zoning Commission. Once a conceptual PD plan is approved, only minor modifications to the conceptual plan can be approved at a staff level. Any proposed changes that would intensify the site use (e.g. increase the maximum building area) or reduce compatibility elements (e.g. reduced buffering) may be approved only via a process involving public hearings held by both the Planning and Zoning Commission and the Board of County Commissioners. • Proposed PD District for the Project Site The subject site is split between two land use designations. The northern 95.52 acres are designated as M-1, Medium Density 1 (up to 8 unitslacre), and located inside the USA, while the 507.47 acres south of 161 Street are designated as AG -1, Agriculture 1(up to 1 unit/5 acres), and located outside the USA. In this instance, the TND criteria of Objective 18 of the County's Comprehensive Plan control the use of the property and how density is calculated and distributed. Any conceptual PD, such as this one, that proposes density higher than 1 unit/5 acres outside the USA, must meet the TND criteria of Objective 18. The proposed PDTND zoning district and corresponding conceptual PD plan set limits on the type and location of specific uses allowed; the intensity and location of development; and the dimensional criteria for various blocks, tracts, and lots. Although PD zoning district parameters are flexible, certain standards related to uses, compatibility (buffering), infrastructure improvements, dimensional criteria and open space apply to this project and are set forth in Chapter 915 (P.D. Ordinance) of the county's land development regulations (LDRs) and Objective 18 of the comprehensive plan. Based on the proposed conceptual PD plan, Chapter 915, and Objective 18, the proposed PD district for the subject site contains the special elements identified in the table below. The table also lists RM -8 and A-1 district criteria for comparison purposes. MARCH 9, 1999 r� u 28 • MARCH 9, 1999 29 • BOOK 103 FAuE 550 DISTRICTS USES PROPOSED PD RM -8 DISTRICT A-1 DISTRICT ALLOWED DISTRICT Single -Family Permitted Permitted Permitted Multi -Family Permitted Permitted Not Allowed Elementary Permitted (inside USA) Special Exception Special Exception School with Conditions Golf Course Permitted (project edge) Special Exception Administrative per Conceptual PD Permit Equestrian Permitted (project edge) Not Allowed Permitted Facility with Conditions Commercial Uses Permitted with Limited to PD Limited to PD Limitations and Accessory/CN Accessory/CN Conditions Commercial Commercial Retail Permitted with Limited to PD Limited to PD Limitations and Accessory/CN Accessory/CN Conditions Commercial Commercial Office (medical Permitted with Limited to PD Limited to PD & professional) Conditions Accessory/CN Accessory/CN Commercial Commercial Restaurant Permitted with Limited to PD Limited to PD Conditions Accessory/CN Accessory/CN Commercial Commercial Convenience Permitted in Town Limited to PD Limited to PD Store with Fuel Center with Conditions Accessory/CN Accessory/CN Sales Commercial Commercial Health and Permitted in Town Administrative Limited to PD Fitness Center Permit Accessory/CN Commercial Institutional Uses Permitted with Special Exception Special Exception Conditions and Administrative and Administrative Permit Permit Total Care Permitted with Special Exception Not Allowed Facility Conditions Assisted Living Allowed with Conditions Special Exception Not Allowed Facility (must be north of 161 Street) Day Care Center Permitted in Town Permitted Administrative -Center Permit Hotel Permitted in Town Not Allowed Not Allowed Center with Conditions Place of Worship Permitted along I& Administrative Permitted Street with Conditions Permit MARCH 9, 1999 29 • BOOK 103 FAuE 550 BOOK 103- PAGE 5i The elementary school, total care facility and the adult living facility (ALF), as well as the majority of the commercial uses and multi -family units, will be inside the urban service area north of 161 Street. The two blocks of Town Center located south of 161 Street and the multi -family blocks adjacent to those blocks are the only commercial and multi -family areas located outside of (yet contiguous to) the urban service area. While Objective 18 allows these types of uses outside the urban service area, it is the intent of Objective 18 to concentrate overall project density and intensity inside the USA and to generally locate less dense and less intense uses outside the USA, with a green belt around the overall project perimeter. The proposed conceptual PD plan achieves these aims. 11_4*41) � • Existing Zoning and Land Use Pattern The 602.99 acres are generally vacant, with the exception of several scattered single-family homes, a small church retreat, remnant infrastructure and slabs from the defunct Old Oak Park development, and a few miscellaneous agricultural structures. The vacant property is fallow, in groves, or improved pasture. There are two small wooded parcels. The property to the north of the subject site, north of SR 60, is designated as M-1, Medium Density 1 (up to 8 units/acre), and is either vacant or residentially developed. To the south, property is designated AG -1 and is generally in agricultural use with some scattered homes. West of the subject site, property is designated M-1 north of 16`" Street, and AG -1 south of 161 Street. The properly to the west is residentially developed, in agricultural production, or developed as the Life for Youth Ranch. Property to the east has an M-1 land use designation north of 161 Street with office and/or residential development, and is designated AG -1 and in agricultural production south of 161' Street. • Consistency with the Comprehensive Plan Rezoning requests are reviewed for consistency with the policies of the comprehensive plan and must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map. These include agricultural, residential, recreational, conservation, and commercial and industrial land uses and their densities. Commercial and industrial land uses are located in nodes throughout the unincorporated areas of Indian River County. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following policies and objectives. Policy 1.4: Indian River County's land development regulations shall, through various means, ensure that adjacent land uses are compatible. Those means shall include, but not be limited to, use of the following: • vegetative buffers; • setbacks; • open space; • physical separation; • regulation of lighting; • regulation of hours of operation; and • regulation of access. MARCH 9,1999 30 0 - 0 Note: The rezoning/conceptual PD plan meets or exceeds applicable land development regulations and provides various special setbacks, buffers, parks, open spaces, a green belt, and aesthetic improvements to ensure compatibility internally and externally. These elements are guaranteed via the binding conceptual PD plan. Policy 3.2: Regardless of land use designation or zoning district, no development shall be approved unless it is consistent with the concurrency management system in the capital improvements element, and the levels of service established in this element and other elements of the Comprehensive Plan. Note: The rezoning/PD conceptual plan and proposed development meet applicable concurrency management system requirements. Policy 5.3: Indian River County zoning districts shall permit a variety of residential building and development styles. Note: The rezoning/PD conceptual plan provide for a variety of residential buildings and housing choices within the proposed development. In fact, this project is specifically designed to provide a special "TND Lifestyle" for housing and work choices. Policy .4: Indian River County LDRs shall contain a special Planned Development (PD) zoning district. That district shall be designated as an overlay on the County Zoning Atlas. The PD zoning district is intended to provide for the development of projects which require flexibility in order to maximize open space and conserve natural features, provide alternative designs, incorporate recreational facilities, and incorporate a mix of uses. Note: The proposed PD rezoning actually implements this policy, by providing a mixture of uses, including open spaces and recreation uses, within an alternative (TND) design. Policy 9.1: By January, 2000, Indian River County shall establish guidelines to ensure that all new county buildings and facilities will be compatible with the architectural character of the surrounding neighborhood. Note: A significant portion of the development will be subject to the SR 60 Corridor Plan criteria which require satisfaction of certain architectural standards. Furthermore, this TND development will, during preliminary PD plan review for all phases, be subject to architectural review for consistency with TND comprehensive plan policies. Policy 9.3: By January 2000, Indian River County shall formally examine the feasibility of developing corridor plans along roads that serve as entranceways to the county and along other roads, as determined by the county. The county shall continue to implement the recommendations of the Wabasso Corridor Plan and the SR 60 Corridor Plan. Note: A significant portion of this project will be subject to the SR 60 Corridor Plan requirements. Policy 18,3: To facilitate TND projects east of I-95 that are partially outside but adjacent to the urban service area, and to continue to preserve the agricultural and natural character and function of the area, the county shall allow portions of TND projects to be located outside of the urban service area A minimum of 60% of the total project density shall be derived from the portion of the project located within the urban service area Density shall be calculated and allowed based upon: MARCH 9, 1999 31 a BOOK 108FAGE BOOK 108 FACE 553 • the land use designation underlying the portion of the project within the urban service area; and • 1 unit/acre for project property located outside of the urban service area. Note: The applicant is using these incentive criteria to achieve close to the maximum number of units (about 95%) allowed under the comprehensive plan. Policy 18.1: By January 1999, the county shall adopt land development regulations that establish the TND, Traditional Neighborhood Design, zoning district. The TND district shall be limited to planned developments. Note: This project implements Objective 18. The TND criteria and policy 18.1 are discussed in detail later in this report ■ Compatibility With Surrounding Areas Generally, the golf course and equestrian facility will provide a green belt around the project and ensure compatibility with the agricultural uses located outside the urban service area. The conceptual plan employs specific buffers and/or extra setbacks on the project perimeter. Special attention has been given to school buildings, commercial uses and multi -family development that need to be located a sufficient distance from adjacent uses outside the project. Furthermore, the residential -scale and architectural treatment of commercial/office buildings within the project will contribute to compatibility with surrounding residential areas, and avoid a "strip commercial" appearance. ■ Concurrency Impacts A conceptual review of the concurrency impacts for this project indicates that the project will generate no adverse concurrency impacts, subject to the conditions contained in this report's recommendation. Further concurrency determinations will be required on a project by project basis for each phase. ■ Environmental Impacts These issues are addressed later in this report The conceptual PD plan depicts an 18 hole public golf course and clubhouse, equestrian area, single-family areas, multi -family areas, civic uses, institutional uses, and commercial and office uses. The commercial uses are located along the SR 60 project entrance area and in the Town Center. Institutional civic uses, including a total care facility, an ALF, and an elementary school, are located north of 16°i Street inside the urban service area. The plan proposes lower densities out from the Town Center and outside the USA, and proposes a green belt adjacent to those project perimeters that are located outside the USA. The development will have a single access point to SR 60, and a single access point to 12' Street (for the equestrian center). Two access points will connect to 741h Avenue. Multiple access points will connect to 161 Street. All of the internal streets, lanes and driveways are inter -connected in a modified grid system. MARCH 9, 1999 32 • 1. Size of Site: 602.99 acres (gross) 587.00 acres (net less right-of-way dedications) 2. Zoning Classifications: Current: RM -8, Residential Multi -Family A-1, Agricultural Proposed: PDTND, Planned Development Traditional Neighborhood Development 3. Land Use Designations: M-1, Medium Density 1 (up to 8 units/acre) on 95.52 acres AG -1, Agricultural 1 (up to 1 unit/5 acres) on 507.47 acres 4. Commercial/Office Area Proposed: 26.65 acres or 4.41 % of project area 170,000 sq. ft. floor overall a. Maximum at SR 60/entrance area: 42,500 sq. ft. floor area (25%) b. Maximum in Town Center: 127,500 sq. ft. floor area (75%) Note: Many of the buildings in the commercial/office areas accommodate 21 floor residential units. Thus, many buildings will contain a mixture of commercial/office and residential units. 5. Total Units Proposed: 1,199 units (maximum) The 1,199 residential units exceed the normal Development of Required Impact (DRI) threshold for Indian River County. That threshold may, however, be exceeded for a mixed use project, such as the one proposed. During the PD review process, the applicant has coordinated with the Department of Community Affairs (DCA) and the Treasure Coast Regional Planning Council (TCRPC). Since the developer is proposing a traditional neighborhood design (TND), the DCA and TCRPC have indicated that the development should not be subject to full DRI review and approval but can be approved at the State and Regional levels via the binding letter process. That process has been used by other developments in the county, including Sams/Wal Mart and Horizon/Prime Outlets (existing phase). The Board of County Commissioners can approve this development subject to the developer obtaining a binding letter or can require the developer to obtain a binding letter prior to rezoning and conceptual PD plan approval. In staffls opinion, the development should be approved with a condition that the binding letter be obtained prior to release of the Phase IA preliminary PD plan. 6. Density: Proposed: 2.04 units/acre Allowed: 2.13 units/acre Units Inside USA Proposed: 64% of project total Required (minimum): 60% of project total The number of units and resulting density are calculated in accordance with comprehensive plan policy 18.3, which requires 60% of the density to be derived from inside the urban MARCH 9, 1999 33 BOOK 103 PACE 554 r - BOOK D8 PAGE555 service area (USA) and allows 1 unit per acre for areas outside the urban service area in calculating the total number of units allowed. 7. Surrounding Land Uses: North: SR 60, Vacant, ResidentiaURM-8, RM -6, RS -6 _ South: Agricultural/A-1 East: Office, Single -Family Agricultural/RM-6, PRO, RS -1, A-1 West: Agricultural, Life for Youth Ranch/A-1 8. Open Space and Recreation: Open space and PD recreation area requirements will be exceeded through the provision of parks, golf course, perimeter buffers, lakes, and private open space. Recreation Area: Required: 14.39 acres (2.4%) Provided: 35.06 acres (5.8%) Open Space: Required: 391.54 acres (64.9%) Provided: 426.57 acres (70.7%) Note: Open space requirements are based on PD open space standards applied to land designated M-1 and AG -1, on a pro -rated basis. 9. Landscaping and Buffering: A minimum 25' planned development setback is required and provided around the entire perimeter of the development. Planted buffers, greater setbacks, and other compatible measures are required and proposed for certain perimeter areas within the development. These are as follows: MARCH 9, 1999 0 SR 60 Entrance Area Commercial/Office- Requires 30' setback along the east and west sides, with a SR 60 corridor plan landscape strip along SR 60 and a Type "B" buffer with 6' opaque feature along the east and west sides, as specifically recommended by the Planning and Zoning Commission. The SR 60 building setback is 75'. Multi -Family Area: Along a short segment of a north property line, multi -family development inside the project is proposed adjacent to single-family located outside the project Along that interface, a 25' setback and either a Type "C" buffer with a 3' opaque feature or a Type "D" buffer with a 6' opaque feature is required. Blementary School Site: The elementary school site will have a 200' building setback from the east property line (West Lake Estates) and a 50' building setback from the south property line (16v' Street). Along the school site/West Lake Estates interface, a 30' wide Type "C" buffer must be constructed prior to completion of Phase IA, as specifically recommended by the Planning and Zoning Commission. Prior to opening of the school, a 6' high vinyl clad chain link fence with opaque vegetative screening or a 6' masonry wall must be constructed along the interface. Residential Outside Urban Service Area: Agricultural areas outside the urban service area (USA) and adjacent to the project perimeter will be buffered by the golf course. The golf course will 34 0 �J form a green belt around most of the residential development outside of the urban service area. Sixteenth Street Buffer for West Lake Estates: One of the following two 16' Street alignmentlimprovement options will be chosen in the future by the Board of County Commissioners via a developer's agreement. Option (1):1 & Street Existing Alignment When the developer constructs the portion of 16* Street just west of 74" Avenue, the roadway, if it follows the usual alignment, will be adjacent to the rear yards of some of the residences in the West Lake Estates subdivision. Under this option, there will be 7 lot owners affected by this construction. The two most westerly lot owners will be the most affected, since their lots are the shallowest, and homes are the closest to the existing 161 Street right- of-way. The developer, staff, and West Lake Estates residents have met, and the developer is working with public works to develop buffering details, including a berm, masonry wall and landscaping, for this option. If this option is chosen via the developer's agreement, a detail of the proposed buffer must be approved by the Planning and Zoning Commission in conjunction with the preliminary PD plans for Phase IA, the phase which will include the 161 Street paving. To narrow the width of I & Street's right- of-way needed next to West Lake Estates, the developer has committed to oversizing the project stormwater system and accepting and treating 161" Street run-off. Option (2):16`h Street Relocation MARCH 9, 1999 If portions of 16'h Street are relocated to the south and no additional right -of. way is required from West Lake Estates lots along the north side of 16'h Street, there would be no apparent need for a buffer along the West Lake Estates lots. This option requires the developer to either dedicate 30' of right- of-way south of 16* Street, and relocate the existing canal or culvert the canal, and build the road in the 60' of road and canal right-of-way. This -option would be subject to Indian River Farms Water Control District approval. Equestrian Facility and Homes: The equestrian facility is a self-contained equestrian and residential community located at the south end of the development on 90 acres between 12* Street and 81' Street. The equestrian facility will include up to 46 homes, polo field, practice field, pasture, stables and support facilities. The minimum setback for any residential structure will be 150' from the east and west property lines of the equestrian site. In order to keep the residential development proposed with the equestrian facility compact and contiguous with the rest of the TND development to the north, no residential structure will be located within 800' of the site's south property line. All residential development will be clustered, and large areas of green space and equestrian use will cover the remainder of the site. Any agricultural structures must be setback 30' from any property line. No buffers are required for such structures. 35 r 1 L_J BOOK 103 FADE 556 BOOK 108 PAGE557 Driving Range/Multi-Family Buffers: The applicant is proposing a golf course driving range that will abut a proposed multi -family block to the west. Although this interface is interior to the project, a Type "D" buffer or equivalent with no opaque feature is required to separate these particular uses. The buffer must be constructed with development of the driving range, which is in Phase I. 10. Parking: The developer has committed to meeting the number of spaces required by the county's parking regulation for all uses proposed. Under those regulations, the developer may, at a future date, prepare a shared parking study for the Town Center area to justify lower rates. Such rates would require Planning and Zoning Commission approval. Any such shared parking study would need to comply with section 954.08(2). Staff anticipates there will be shared parking among Town Center uses and will encourage use of the parking study option during review of preliminary PD plans. 11. Traffic Circulation: The project will access SR 60, 16m Street, 7411 Avenue and 12"' Street. There will be one access point on SR 60, one access point on 121' Street, two access points on 741' Avenue, and multiple access points on 161h Street. Internal circulation will be provided by a main boulevard and a series of internal streets laid out on a modified grid system. Transit stops are proposed at prominent and highly accessible locations, and will be integrated into an overall project design theme. The design of the transit stops will be finalized in Phase IA. It should be noted that the dedication and improvements section of this report provides a list of traffic improvements to be provided over time as the project is built and as vehicle trips are generated/attracted by the development. These improvements have been determined based upon a traffic analysis submitted by the applicant and approved by traffic engineering. That analysis indicates that the road improvements covered in the dedication and improvements section will need to be constructed. In addition, various other traffic areas will need to be monitored during the course of overall project development. The traffic impact analysis indicates that a developer's agreement should include: a) A monitoring condition for potential signalization at the main project entrance on SR 60. b) A monitoring condition for the geometric improvements, as well as signalization, at SR 60 and I-95 east and west ramp intersections. c) A monitoring condition regarding the golf cart crossing on 70 Avenue. The county stipulates that, if the 74th Avenue traffic volume reaches 2,500 vehicles daily or 250 vehicles in the peak hour or if a safety problem is discovered, then a grade separation crossing must be constructed. Responsibilities and timing of required improvements and conditions will be covered in further detail in a developer's agreement that is being negotiated with Public MARCH 9, 1999 36 • Works by the developer. That agreement may require additional improvements or conditions, and must be approved by the Board of County Commissioners prior to preliminary PD approval for Phase IA. 12. Dedications and Improvements: MARCH 9,1999 School Site: The developer has coordinated with county and school board staff, and has committed to dedicate an elementary school site to the Indian River County School Board with certain conditions. The site is f 15 acres and is located on the north side of 161 Street on the east project boundary. The school site will be cleared and grassed with Phase IA and used for an interim period as a polo field and a community recreation field. The School Board will have a window of opportunity between 2007 and 2014 to commence construction of an elementary school. If the site is not used by the School Board in that window, then it will remain in use for community recreation (e.g. polo, soccer). Prior to issuance of a land development permit for Phase IA, the developer shall enter into a formal agreement with the School Board to secure dedication of the site. Right -Of -Way Dedications: The County's Thoroughfare Plan classifies 161' Street as a collector road requiring up to 90' of right-of-way. Presently, 30' of right-of-way exists for 161 Street. The developer will need to dedicate 30' of right-of-way without compensation to create the local road minimum of 60' for the area within the project boundary. The 30' of additional right-of-way will need to be dedicated prior to the issuance of a land development permit for Phase I. For any right-of-way over 60' acquired by the county, the developer will be compensated. Regarding the timing of Thoroughfare Plan right-of-way dedication and compensation, a developer's agreement will formalize those timeframes. As submitted, the conceptual plan accommodates the full, ultimate 90' of right-of-way, although the amount of right-of-way adjacent to 16th Street will be narrowed -down below 90' due to dedication of rights to convey stormwater run-off into the project. The County's Thoroughfare Plan classifies 74'' Avenue as a minor arterial which requires 100' of right-of-way. Presently, no right-of-way exists for 74" Avenue. The applicant will need to dedicate 60' without compensation to create the local road minimum width of 60'. The 60' will need to be dedicated prior to the issuance of a land development permit for Phase I. The developer will be compensated for any right-of-way over the 60' local road standard. The timing of the dedication and compensation for the thoroughfare plan right-of-way will be formalized in a developer's agreement. The conceptual PD plan accommodates the Thoroughfare Plan ultimate right-of- way for 74v' Avenue. 37 • BOOK 103 FAGt 558 r MARCH 9, 1999 BOOK 108 PAGE 559 The county's Thoroughfare Plan classifies 121 Street as a minor arterial requiring 100' of right-of-way. Presently, 30' of right-of-way exists for 12* Street. The developer will need to dedicate an additional 30' without compensation to complete the minimum local standard of 60'. The 30' dedication will need to take place prior to issuance of a land development permit for Phase I. The developer will be compensated for any right-of-way over the 60' local road minimum standard. The timing of the dedication and compensation for the Thoroughfare Plan right- of-way will be formalized in a developer's agreement. The conceptual PD plan accommodates the full, ultimate 100' of right-of-way. The county's Thoroughfare Plan classifies 81 Street as a major rural collector roadway requiring 80 feet of right-of- way. Presently, 30' of right-of-way exists for 8t' Street. The developer will need to dedicate an additional 30' without compensation to complete the minimum local road standard of 60'. The 30' dedication will need to take place prior to the issuance of a land development permit for the equestrian center. The developer will be compensated for any right-of-way over the 60' local road minimum standard. The timing of the dedication and compensation for the Thoroughfare Plan right- of-way will be finalized in a developer's agreement. The conceptual PD plan accommodates the full 80' of ultimate right-of-way. Note: The developer's agreements must be approved prior to issuance of a land development permit for Phase IA. Roadway Paving: The developer will be responsible for paving 16th Street from the project entrances to 741 Avenue. That paving will need to be done in Phase IA, prior to the issuance of a C.O. Details of the improvement will be part of the developer's agreement. The developer is proposing to pave 161 Street from 741 Avenue to 821 Avenue. The use of traffic calming devices, including the use of roadside landscaping, will be considered in the 161 Street design. The developer is responsible for paving 74* Avenue from SR 60 to south of the project entrance (approximately 1,000' south of 16' Street) on 741' Avenue. Details of the 741h Avenue improvement will be part of a developer's agreement. This paving will need to occur prior to the issuance of a Certificate of Occupancy for the golf course (Phase 1) or any unit south of 161 Street. As an alternative, the Public Works Director may approve alternative paved access from SR 60 to the clubhouse site for the golf course Certificate of Occupancy. Such alternative access could include the project's SR 60 entry boulevard and internal project streets that connect the golf clubhouse to SR 60. 38 MARCH 9, 1999 The developer will be responsible for the paving of 12'' Street from 74" Avenue west to the westernmost driveway of the equestrian facility, and the remaining unpaved portion of 741 Avenue from the 74th Avenue project entrance south to 121 Street. The paving must be complete prior to the issuance of a C.O. for any residential unit in the equestrian facility. Details of this 741h Avenue and 121' Street paving are subject to the developer's agreement. Other Required Roadway Improvements: The approved traffic impact analysis indicates that the following traffic improvements are required: a) Eastbound right turn lane on SR 60 at the main project entrance. b) Westbound left turn lane on SR 60 at the main project entrance. c) Eastbound and westbound left turn lanes on 16th Street at the main project entrance. d) Southbound left turn lane on 821 Avenue at 161' Street. e) Eastbound left turn lane on 161' Street at 741 Avenue. f) Westbound left turn lane on 161 Street at 74th Avenue. g) Southbound right turn lane on 741 Avenue at 161' Street. h) Westbound right turn lane on 161 Street at the main project entrance. i) Northbound and southbound left turn lanes on the main project entrance at 16`h Street. j) The analysis indicates that a northbound left turn lane is required at the intersection of SR 60 and 741 Avenue for development beyond Phase 9 or the year 2007. k) A southbound right turn lane is required on 58th Avenue at the intersection of SR 60 and 581 Avenue for development beyond Phase 9 or the year 2007. 1) Prior to issuance of a C.O. for Phase I, the SR 60/74th Avenue intersection must be signalized. Responsibilities and timing of required improvements and conditions will be covered in further detail in a developer's agreement that is being negotiated with Public Works by the developer. That agreement may require additional improvements or conditions, and must be approved by the Board of County Commissioners prior to preliminary PD approval for Phase IA. Note: The referenced developer agreements must be approved prior to issuance of a land development permit for Phase IA. Sidewalks: Sidewalks are required along the north side of 16' Street and along the west side of 741 Avenue. Required sidewalks will be constructed or bonded out in each respective phase where required sidewalks are located. Internal Pedestrian System: The development will have a sidewalk system and cart path system to facilitate pedestrian access. These two systems will be linked at points. The cart path will be built in conjunction with the golf course, while the internal sidewalk system will be constructed with individual phases. T BOOK 103 PAGE �1� BOOK 108 PAGE 561 There is an issue with the proposed golf cart path crossing at 74`h Avenue. Public Works has conditionally approved an at grade golf cart crossing on 741 Avenue, just south of the development's access point on 74* Avenue, approximately 1,000' south of 16' Street. Public Works is requiring a two tiered condition. Initially, the crossing will be allowed and will be monitored for traffic volume and safety. If and when the county deems that warrants are met, the developer will be required to construct a pedestrian actuated traffic signal at the crossing. The crossing will continue to be monitored for safety. If the county determines that the crossing is creating a safety problem, then the developer must design and construct a grade separated crossing. These conditions can be enforced via the right-of-way permit that the developer will need to obtain from Public Works for Phase IA. —There is a separate issue with pedestrian access to the equestrian facility located south of 121 Street. The developer will need to show a pedestrian connection on the conceptual plan and on the golf course and equestrian facility preliminary PD plans. A pedestrian access easement must be established to connect the equestrian development with the overall project's internal pedestrian system. The connection will need to be completed with the equestrian facility. Half -Street: Eighteenth Street is a half -street (right-of-way) created by the plat of Green Briar Estates, a single-family development located just east of Cambridge Park. This half -street segment abuts a portion of the Pointe West site's northern border. The developer will need to either dedicate the right-of-way necessary to complete 181 Street as a 60' local road minimum right-of-way or have the half -street abandoned, prior to issuance of an LDP for the phase adjacent to 18`h Street. In either case, Pointe West will not connect to 18' Street. 13. Drainage: The site is broken into 4 major drainage basins. These basins are: the area north of 16' Street, the area south of 166 Street and north 121 Street west of 74`h Avenue, the area south of 16'h Street east of 74th Avenue, and the area south of 12'h Street. Lakes will be constructed within each basin and will be inter -connected and treat stormwater from the respective basin. Each basin will ultimately outfall to an Indian River Farms Water Control District canal. The developer will need to secure stormwater management permits from the St. Johns River Water Management District (SJRWMD), Indian River Farms Water Control District (IRFWCD), and Indian River County prior to construction of the respective phase. Public Works has accepted the project engineer's certification of the conceptual stormwater design. 14. Utilities: The entire development will be serviced by county water and sewer. These utility provisions are consistent with the comprehensive plan and LDRs, and have been approved by the Department of Utility Services and the Health Department. The developer will need to secure a land development permit and utility permits prior to construction of the respective phase. MARCH 9, 1999 40 0 • r"I • 15. Phasing: The project is divided into 13 phases. The phasing plan ensures that each phase or aggregation of phases will be able to "stand on its own" with respect to the land development regulations and required improvements. Also, the phasing ensures proper timing of infrastructure improvements, and ensures that the commercial uses will not outpace residential uses and that recreation and open -space areas will keep pace with the residential development. Phase I will establish the school site, and the project's perimeter greenbelt (via the 18 hole golf course, clubhouse and related improvements), while Phase IA will contain residential uses and some SR 60 office/commercial and Town Center office/commercial uses. 16. Environmental Issues: The site is mostly agricultural land which has been previously altered. Therefore, there are few native uplands or wetlands on the subject site. Prior to development of each phase, the area will be evaluated for presence of wetlands and native upland habitat. The developer will need to obtain county and jurisdictional permits for any upland habitat or wetland alteration prior to construction of the respective phase. 17. Emergency Services: Emergency Services will review each preliminary PD plan for access, hydrant location and other issues. This is a normal part of the development review process. While the County Emergency Services Department has determined that an Emergency Services facility site is not needed from the developer, the Emergency Services Department has reached an agreement with the developer regarding the impacts on Emergency Services. The details of this agreement are incorporated in a letter of agreement dated February 17, 1999. It will be a condition of conceptual PD plan approval that the applicant comply with the agreement. 18. Sign Package: Along with the proposed residential -scale and architectural treatment of the commercial/office buildings, compatibility with surrounding residential areas and avoidance of a "strip commercial" appearance also require careful regulation of commercial/office signage along SR 60 and 161 Street. Therefore, prior to preliminary PD plan approval for any commercial/office building along SR 60 or 16th Street, the developer must submit a sign package that complies with and is more restrictive than the SR 60 Corridor Plan requirements. The developer must obtain Planning And Zoning Commission approval of the sign package. 19. Streetscape Improvements: Streetscape improvements are important elements in the criteria of TND Policy 18.1. These elements include street trees, on -street parking, hardscape improvements, (such as street furniture, streetlights, planters) and wide sidewalks. These elements will need to be provided throughout the development. As part of each preliminary PD plan approval, the developer shall obtain approval of a streetscape plan. 20. TND Architectural Requirements: Preliminary planned development plans are required for all phases of this project. Those plans will be reviewed by staff and the Technical Review Committee (TRC), MARCH 9, 1999 ►F BOOK 108 PAGE 562 r BOOK 103 FACE 563 and approved by the Planning and Zoning Commission. As part of the preliminary PD plans for commercial and residential phases, a detailed site plan will be part of each submittal. For any of the single-family areas, a plan book of all models proposed in that area must be submitted with the preliminary PD to ensure that the layouts meet the TND criteria of Policy 18.1 and the conditions of this report. The plan book shall contain a typical floor plan of the unit and architectural elevations of all building sides. In conjunction with each single-family preliminary PD plan, a plan book for the single-family homes must be submitted and approved. 21. Hotel and ALF Total Care Facilities: While the hotel/lodging facility and the ALF/total care facility add necessary elements to the community, it is important to limit the intensity of the hotel/lodg" use and ALF/total care use, so that neither one of the uses dominates the community. The institutional portion of the ALF/total care facility will contain units which range from fairly independent living with group meals and minor supervision to units which offer total nursing care. As proposed, the ALF/total care facility will be a mix of single-family and multi -family units that will be associated with the institutional portion of the ALF/total care facility. Consequently, the ALF/total care facility will be like Indian River Estates or Oak Harbor. Since it is important that the entire development not function as a retirement community, the number of beds in the institutional portion of the ALF/total care facility are limited to the equivalent of 50 residential units. This restriction does not apply to the single-family or multi -family units associated with the ALF project. According to the developer's concept, the hotel/lodging facilities will serve the Town Center uses, the ALF/total care visitors, and visitors from the residential areas. As a result, the lodging facilities will bring a transient element to the Town Center and create activity. As with ALF uses, it is important that lodging facilities do not dominate the scale of Town Center or introduce too much of a transient element to the community. Consequently, lodging facilities are limited to a maximum of 65 rooms. 22. Planned Development Waivers and Modifications: Dimensional Modifications Requested through the PD Process are as follows for specified project areas: Setbacks for SR 60 Entrance Commercial/Offue Setback Site from SR 60 East & West Setback from Internal Internal Property 0 (Perimeter) Property Right -of -Way Lines Line 0 75'min I 25'min ---] 5'min - 15'max Setbacks for Town Center CommerciaUOffke Setback from 161h Street Right -of -Way Setback from Internal Right- of -Way Setback from Internal Property Line 20'min 0 0 MARCH 9,1999 42 • Setbacks for Multi Family Setback from Setback from Setback from Internal PD Internal PD Internal PD 16* Street Internal PD Perimeter Property Property Property Right -of- Right -of- 50 Line 1 Story Line 2 Story Line 3 Story Way Way 15 5 15 20 20' min 5'min - 20' 25' min 10' min 20'min 25'min 5 max* 20 5 0/10 0/10 *Note: Block W -M-8 has 25' maximum setback Setbacks for Single -Family (measured in feet) Block Identification Front Setback Min. Porch Front (7) Setback Max Porch Front (2) Setback Min Front (1) Setback Max Rear Setback WO/ Lane Rear Setback W/ Lane _ Side Setback Garage Side Setback Living N -S-1 5 15 5 15 50 N/A 0/10 0/10 N -S-2 5 15 5 15 20 5 0/10 0/10 N -S-3 5 15 5 15 20 5 0/10 0/10 N -S-4 5 15 5 15 20 5 0/10 0/10 Rear Setback W/ Lane Non -Liv W -S-5 5 15 5 15 25 N/A 6 or 0/100 6.0 or 0/10 W -S-6 5 IS 5 15 25 N/A 6 or 0/10 6.0 or 0/10 W -S-7 5 15 5 15 25 N/A 6 or 0/10 6.0 or 0/10 W -S-8 5 15 5 15 25 N/A 6 or 0/10 6.0 or 0/10 W -S-9 5 15 5 15 20 5 3 4.5 W -S-10 5 15 5 15 20 5 3 5.0 W -S -I1 5 15 5 15 20 5 3 5.0 W -S-12 5 15 5 l5 20 5 3 5.0 W -S-13 5 15 5 15 20 5 3 5.0 W -S-14 5 15 5 15 20 5 3 4.5 W -S-15 5 15 5 15 25 N/A 6 6.0 W -S-16 5 15 5 15 25 N/A 6 6.0 W -S-17 5 15 5 15 25 N/A 6 6.0 W -S-18 5 15 5 15 25 N/A 6 6.0 W -S-19 5 15 5 15 25 N/A 6 7.0 W -S-20 5 IS 5 15 25 N/A 6 7.0 W -S 21 5 15 5 15 20 5 3 5.0 W -S22 5 15 5 15 20 5 3 5.0 W -S-23 5 15 5 15 20 5 3 5.0 W -S-24 5 15 5 15 20 5 3 5.0 W -S-25 5 15 5 15 20 5 3 6.0 W -S-26 5 15 5 15 20 5 3 6.0 1V1AKU1199 1999 43 • BOOK 10 PAGUE 564 .1 BOOK 103 PAGE 565 Block Identification Front Setback Min. Porch Front (7) Setback Max Porch Front (2) Setback Min Front (1) Setback Max Rear Setback WO/ Lane Rear Setback W/ Lane Side Setback Garage Side Setback Living E -S-27 5 15 5 15 25 N/A 3 6.5 E -S-28 5 15 5 15 25 N/A 3 7.0 E -S-29 5 15 5 15 25 N/A 3 7.0 E -S-30 5 15 5 15 25 N/A 3 7.5 E -S-31 5 15 5 15 25 N/A 3 7.5 E -S-32 5 15 5 15 25 N/A 3 7.0 E -S-33 5 15 5 15 25 N/A 3 6.5 E -S-34 5 15 5 l5 20 5 3 6.0 E -S-35 5 15 5 15 20 5 3 6.0 E -S-36 5 15 5 15 20 5 3 6.0 E -S-37 5 15 5 15 20 5 3 6.0 E -S-38 5 15 5 15 20 5 3 6.0 E -S-39 5 15 5 15 20 5 3 6.0 E -S-40 5 15 5 15 20 5 3 6.0 E -S41 5 15 5 15 20 5 3 6.5 E -S42 5 15 5 15 20 5 3 6.5 E -S43 5 15 5 15 20 5 — 3 6.5 E -S44 5 15 5 15 20 5 3 6.5 E -S45 5 15 5 15 20 5 3 6.5 E -S-46 5 15 5 15 1 20 5 3 6.5 Note#1 Single-family homes (not including front porch area) can be set back up to 20' in W- S and E -S blocks provided a minimum 12' deep porch covers at least 50% of the home's front width and extends 12' in front of the non -porch area of the home. Note #2 A minimum of 20% of the total project's single-family homes must be built at a front yard setback between 5' and 7.51 . Note #3 No more than 20% of the total project's single-family homes can be set back more than 10' from the front property line as measured from the home or porch. Note #4 Pools will be no closer than 5' from side and rear property lines; screen enclosures and decks shall be no closer than 2' from the side and rear property lines. Patios without pools shall be 5' from the side and rear property lines. Driveways will be no closer than 1.5' from the side property lines, although shared driveways may straddle common lot lines, with a common access easement. Note #5 All principal structures will be 25' from the PD boundary setbacks. Accessory structures for single-family homes can encroach as provided for in LDR section 911.15: Note #6 Zero lot line homes will be allowed only north of the golf course and will provide a 10' sideyard setback opposite the zero. Note #7 No more than 33% of the perimeter lots and golf course lots may be set back more than 15', the setback shall not be greater than 2T. MARCH 9, 1999 • 23. Traditional Neighborhood Design (TND) Criteria: Objective 18, Policy 18.1 of the County's comprehensive plan has the following criteria for TND developments: a. The minimum contiguous project land area shall be 40 acres. Note: The proposed project is 602.99 acres, which exceeds the 40 acre minimum. b. Land shall be under unified control, planned and developed as a whole in a single development or as an approved series of developments or neighborhoods. The project shall be approved under the Planned Development (PD) rezoning process. Note: The applicant is pursuing the PD rezoning process, which includes a PD plan for the overall project. C. In order to disperse traffic by offering many alternative routes and connections between destinations within the project and to appropriate uses on adjacent sites, the street network shall consist of a grid or modified grid pattern and shall accommodate connections to appropriate uses on adjacent sites. Note: The applicant is using a modified grid system. Consisting of roads, lanes, and driveways, the grid has multiple connections to the thoroughfare plan roadway system. d. Not more than 10% of blocks shall have a block with a perimeter measuring more than 1,800 feet. Within commercial and mixed use areas, no block face dimension should exceed 400 feet. Note: Only 8% of the residential blocks measure more than 1,800', and no commercial blockface exceeds 400'. e. The project shall contain a network of interconnected streets, sidewalks, and pathways. Note: The development will have an interconnected system of streets, cart paths and sidewalks, as depicted and noted on the conceptual plan submittal. f. Streets shall be designed to balance pedestrian and automobile needs, to discourage high automobile speeds, to effectively and efficiently accommodate transit systems, and to distribute and diffuse traffic rather than concentrate it. Note: The multiple connections to the thoroughfare plan roads, modified grid for internal streets, proposed transit stops, traffic calming considerations, and pedestrian system meet this policy. g. Street trees shall be provided so as to shade sidewalk areas and buffer sidewalk areas from automobile traffic. Note: Street trees will be provided along all streets, as depicted in the conceptual plan submittal. MARCH 9, 1999 L - 45 • BOOK C) FADE r - BOOK 08 PAGE 567 11 h. Streets and adjacent buildings shall be sited and designed to encourage —interactions between the street and buildings through the use of amenities such as reduced building setbacks, "build -to" lines, front porches, stoops, rear and side yard parking lot locations, and other means. Note: The conceptual plan uses all of the above referenced items to encourage interaction. Front porches are required for all single detached homes. i. Projects shall decrease the prominence of front yard driveways, garages, and parking lots through one or more of the following: mid -block alleys, garages located toward the rear of lots, rear and side loaded garages, garages which are not the predominant architectural feature of the front elevation of buildings, off-street parking at the rear of buildings, restricted driveway connections to streets, and traffic calming techniques. Note: The only garages allowed on the front of homes are side loaded. Front loaded garages will be recessed behind the front line of non -garage building area. Many units will have vehicular access from a rear service lane. In the commercial/office areas, buildings will front streets that have on -street parking, streetscapes, and sidewalks; parking lots are generally located behind the buildings. j. Mixing of Uses The project shall be designed as a compact or clustered development. Projects may include the following mix of uses occurring together in close proximity: • single-family residential, • accessory dwelling units, • multiple -family residential, • commercial and work place, • civic and cultural, and • open space. Note: The proposed development contains all of these uses. Uses are mixed and located in close proximity to each other, and are integrated together. k. The following ratios shall apply to land uses within the project: MARCH 9, 1999 • Community open spaces open to the public, such as squares, plazas, or parks, shall comprise a minimum of 5% of the total project area. Note: Over 6% of the land area will be devoted to community open spaces. Civic uses, such as post offices, churches, community centers, meeting halls, schools, day care centers and cultural facilities shall comprise a minimum of 1% of the total project area. Note: Over 2% of the project area will be devoted toward civic uses. Residential uses shall comprise a minimum of 50% and a maximum of 80% of the total non -conservation and non-agricultural project area. Note: Residential uses comprise 53% of the project area. M. 0 Commercial and office uses located on residentially or agriculturally designated land shall not exceed 10% of the total land area designated on the land use plan as residential and agricultural. Note: Approximately 4.4% of the land area will be used as commercial and office use. 1. The vertical mixing of uses is allowed and strongly encouraged around designated town centers, main streets, mixed-use centers, and central squares —and greens. Note: Many of the proposed commercial/office buildings (Town Center and SR 60 entrance) provide for 2" d and 3rdfloor residential uses. In. Each project must have at least one public square, town center, or mixed use area within a 1/4 mile walking distance from 50% of the project's residential units and within 'h mile walking distance from 75% of the project's residential units. Note: Fifty percent of the units are within 1/4 mile of Town Center, and 75% are within %s mile of Town Center. n. To accommodate increased pedestrian use, 50% of sidewalks in public squares, town centers, or mixed use areas shall have a minimum unobstructed width (clear and passable for pedestrians) of a least seven feet. Note: All (100%) of the sidewalks within the Town Center and mixed use areas will be a minimum of T wide. o. On -street parking shall be allowed within public squares, town centers, or mixed use areas. Note: On street parking is proposed in the Town Center and in the SR 60 entrance commercial/office area. P. Off-street parking lots within public squares, town centers, or mixed use areas shall be provided only at the rear of buildings. Note: All buildings within the Town Center and mixed use areas front on the street, with parking located at the side and/or rear. q. The center shall accommodate space for a transit stop and a civic building. Note: The conceptual plan proposes 3 transit stops and an elementary school as the civic building. r. Project edges located outside the Urban Service Area shall be established and designed for environmental, agricultural, recreational, or other open space uses. Note: The golf course and equestrian facility provide the project greenbelt edges outside the urban service area. MARCH 9, 1999 47 BOOK PAGE 568 BOOK 103 PAGE 569 S. Public buildings, such as schools, churches, post offices, and community centers, shall be provided in prominent, accessible locations within the project. Such locations generally are at the termination of streets, the perimeter of the neighborhood center, or the frontage along a designated main street of a neighborhood or adjacent thoroughfare plan road. Note: A public school site will be provided along 161 Street and the main entrance road A possible church site will also be located along 161 Street (block W - M -8). These locations are prominent. 24. Annual Report: The developer shall be required to file an annual report with the county planning division. Seven copies of the annual report shall be submitted each year on the anniversary date of the approval of the PD rezoning, and shall include the following: a. Any changes in the plan of development, or in the phasing for the reporting — year and for the next year, b. A summary comparison of development activity proposed and actually conducted for the year, C. Identification of undeveloped tracts of land that have been sold, transferred or leased to a successor developer, d. Identification and intended use of lands purchased, leased or optioned by the developer adjacent to the original PD site since the PD rezoning was approved; e. An assessment (listing) of the developer's compliance with each condition of PD rezoning conceptual PD plan approval; f. Any request, and the status of that request, for a modification to the approved conceptual plan that was filed in the reporting year or is anticipated to be filed during the next year; g. An indication of a change, if any, in local government jurisdiction for any portion of the development since the conceptual PD was approved; h. A list of significant local, state and federal permits which have been obtained or which are pending by agency, type of permit, permit number and purpose of each; L The report shall specifically address the following items in regard to the entire subject property; MARCH 9, 1999 1. square footage of development approved for construction by land use type; 2. square footage of structures and facilities under construction by land use type; 3. square footage of structures and facilities completed by land use type; 4. total number of residential certificates of occupancies for the project; S. the number of residential certificates of occupancies obtained during the one year reporting date; 48 6. status of the functioning and maintenance of the surface/stormwater management system; 7. status of water, wastewater, and irrigation services and infrastructure; 8. status and viability of any planted littoral zone, upland edge vegetation, or required buffer, 9. a report addressing all traffic monitoring conditions; 10. a list of traffic improvements completed, under construction or design; 11. the number of school age children living within the project (every other report); 12. number of residential units constructed within 1/4 mile and %i mile of Town Center; 13. number of residential units constructed at the minimum frontyard setback, and number constructed at greater than a 10' frontyard setback. 25. Caribbean Fruit Fly Host Plant: Consistent with future land use policy 6.5, staff is recommending a restriction prohibiting Caribbean Fruit Fly Host plants on any portion of the overall project site. This would be carried out through enforcement of the PD approval, deed restrictions and plat restrictions. The applicant has indicated that he has no objection to creating a restriction that would prohibit host plants on the subject property. Staff will continue to recommend inclusion of such a restriction when the project covenants and restrictions are reviewed at the time of final plat application. Based on the above analysis, staff recommends that the Board of County Commissioners approve the rezoning to Planned Development Traditional Neighborhood Design (PDTND) and the conceptual PD plan, with the following conditions: 1. Caribbean Fruit Fly host plants are prohibited on the overall subject site. Prior to or via any final plat, the applicant shall restrict the planting and maintenance of Caribbean Fruit Fly host plans on the subject 602.99 acre site. 2. The preliminary PD plans for Phase I (the golf course and school site) shall: a. Establish a pedestrian inter -connection from the development's internal pedestrian system to the equestrian facility site, and b. Provide a golf cart path design for the 741 Avenue crossing which is acceptable to Public Works, and C. Provide a buffer design (Type "D" or equivalent) for the golf course driving range/multi-family block interface, and d. Provide landscape plans for the elementary school site buffer (30' wide Type "C" buffer installed up -front, 6' opaque feature installed when school is constructed). 3. The preliminary PD plans for Phase IA (SR 60 entrance area, entrance road, one Town Center block, and several residential blocks) shall: MARCH 9, 1999 BOOK 103 FAE 570 BOOK 108 PAGE 57i a. Provide a design for the 16'h Street buffer (under Option #1). The buffer design is not required if 161' Street is shifted south and right-of-way is not acquired from West Lake Estates lots (Option #2), and b. Provide landscape plans for all buffers to be installed with Phase IA construction, including the SR 60 commercial buffers. The SR 60 buffer shall consist of a 30' wide, Type "B" buffer with a 6' opaque feature. 4. Prior to approval of the preliminary PD plan for Phase IA, the developer shall: a. Obtain Board of County Commissioners approval of a developer's agreement which provides for all off-site improvements including road paving, right-of- way acquisition, and traffic signals, and provides for monitoring conditions. The developer shall commit to providing and shall provide drainage capacity within the development site for 161' Street stormwater run-off. 5. Prior to approval of the preliminary PD plan for Phase IA, the developer shall; a. Obtain a binding letter from the Department of Community Affairs. 6. Prior to the issuance of a land development permit or permit waiver for Phase I, the developer shall: a. Dedicate 30' of additional right-of-way for 16'' Street, without compensation, along the project's 16* Street frontage, and b. Dedicate 30' of 161' Street right-of-way south of the 161 Street canal, adjacent to West Lake Estates, if required by the Public Works Director or developers agreement (Option #2), and C. Dedicate 60' of right-of-way for 741 Avenue, without compensation, along the project's 741 Avenue frontage, and d. Dedicate 30' of right-of-way for 12'b Street, without compensation, along the project's 121' Street frontage, and e. Obtain all jurisdictional permits necessary to construct the first phase. 7. Prior to the issuance of a land development permit or permit waiver for Phase IA, the developer shall: a. Enter into a binding agreement with the School Board which provides for the dedication of the 15 acre site (as identified on the conceptual plan) to the School Board, with restrictions consistent with the conceptual plan, including a 200' building setback from the site's eastern boundary. The agreement shall provide for access rights, and drainage rights for the site. Through the agreement, the developer shall commit to accommodate drainage from 60% of the school site impervious area within the project's drainage system, and b. Submit a sign package for the SR 60 and 16' Street commercial/office sites, which must comply with and be more restrictive than the SR 60 Corridor Plan requirements, and be approved by the Planning and Zoning Commission, and C. Provide a final design for the transit stops, acceptable to Traffic Engineering. MARCH 9, 1999 50 0 1* 8. Prior to the issuance of the first certificate of completion or the first certificate of occupancy for Phase I, the developer shall: a. Pave 741 Avenue from SR 60 to the project entrance, or provide an alternative paved access from SR 60 to the golf course clubhouse area, as approved by the Public Works Director, and b. Install the driving range buffer along the west side of the driving range, and C. Establish a pedestrian easement on the Phase I final plat which facilitates a pedestrian connection between the equestrian facility and the overall project's internal pedestrian system, and d. Signalize the SR 60/74th Avenue intersection or verify that such signalization has been provided. 9. Prior to the issuance of the first C.O. or certificate of completion for Phase IA, the developer shall: a. Install the buffer along the east boundary of the elementary school site, and b. Pave 161 Street from the project's 16' Street entrance to 741 Avenue, and C. Provide drainage within the project for the stormwater run-off from the 161 Street improvements, and d. Construct the required buffer along the West Lake Estate's 161' Street frontage (under Option #1), unless 16' Street is shifted south and no new right-of-way is acquired from West Lake Estates lots (Option #2). 10. All preliminary PD plan/plats shall be subject to the following conditions: a. All of the Town Center blocks and all non -single family uses north of 16th shall be subject to and shall demonstrate compliance with the SR 60 Corridor Criteria, and b. Final architectural and streetscape designs for implementing Future Land Use Policy 18. 1, shall be acceptable to the Planning and Zoning Commission, and C. All buildings at street corners in the Town Center shall be designed to be accessible from both streets, and d. Except for the daycare building, all buildings in the Town Center shall be 2 or 3 stories or have a vertical mass similar to a 2 or 3 story building, or unless — otherwise approved by the Planning and Zoning Commission, and e. All single-family phases shall include submittal of a plan book of the single- family units, demonstrating that proposed units will meet Policy 18.1 criteria, and f. Commercial/office uses in the Town Center shall be limited to 127,500 sq. ft. of floor area; commercial/office uses in the SR 60 entrance area shall be limited to 42,500 sq. ft. of floor area, and MARCH 9, 1999 51 BOOK 100 r4F:57 I BOOK 103 PAGE 573 g. All streets, lanes, and pedestrian systems, shall be privately owned and maintained but shall be open to the public with no gates. However, gates may be allowed within the equestrian area on pedestrian/animal paths where it is necessary to contain animals. h. The streetscape shall be consistent on both sides of any street, even between different use types, and i. A minimum of 20% of the total number of single homes must be built at the minimum 7.5' frontyard setback as measured to the home or porch, and j. No more than 20% of the total number of single-family homes can be set back more than 10' from the front property line, as measured to the home or front porch, and k. Front porches are required on all single-family detached homes, and 1. No more than 33% of the perimeter lots and golf course lots can exceed the 15' front porch maximum setback. 11. The developer shall file with the County Planning Division an annual report on the anniversary date of the Board of County Commissioners approval of the conceptual PD plan in accordance with the annual report information specified in this report. The report shall be filed annually for 20 years from the date of the first preliminary PD plan approval or until project build out, whichever occurs first. 12. The institutional portion of all ALF/Total Care facilities within the project shall be limited to the equivalent of 50 residential units. 13. One hotel facility is allowed in the project and shall be limited to 65 rooms, and shall be located in Town Center only. 14. Prior to the issuance of an LDP for the Equestrian Facility, the developer shall dedicate 30' of right-of-way for 81' Street without compensation to create the 60' local road minimum. 15. Prior to issuance of an LDP for any phase adjacent to 18' Street in Greenbrier Estates, the applicant shall either dedicate the right-of-way necessary to complete the 60' local road minimum or have the 18' Street half street right-of-way abandoned. 16. Prior to the issuance of the first Certificate of Occupancy for any unit in Phase 7, 16'h Street shall be paved from 74d' Avenue to the project's easternmost 16th Street entry. 17. Prior to the issuance of the first Certificate of Occupancy for the equestrian facility, 741 Avenue shall be paved from the project entrance on 741h Avenue south to 12' Street, and 121 Street shall be paved from 74* Avenue west to the westernmost equestrian facility driveway. 18. The developer's agreement will set the timing for the paving of 1611 Street from the westernmost project entrance to 82nd Avenue, and shall set an alignment for 12' Street east of 74'h Avenue. 19. The developer shall comply with Emergency Services letter of Agreement dated February 17,1999. MARCH 9,1999 52 • 1. Application 2. Location Map 3. Plans (separate package) 4. Comprehensive Plan Future Land Use Element Objective 18 and Policies 5. Planning and Zoning Commission Minutes 6. Rezoning Ordinance Community Development Director Bob Keating gave a comprehensive overview explaining the process and the recent Comprehensive Plan amendment. He called the project the antithesis of urban sprawl and cited other traditional neighborhood designs in the state which have been successful. He recommended approval of the request and adoption of the rezoning ordinance subject to the conditions enumerated in the Memorandum. Planning Director Stan Boling explained in depth the designation PDTND and reviewed the above memorandum using the location map (p. 124 of the backup) displayed on the ELMO. He advised that there were still many important details to be worked out. Staff have taken the approach that this is a small DRI (development of regional impact) and thus have followed more stringent requirements. He specified there were two things to keep in mind at this hearing: a rezoning request and a conceptual plan. The Board will be looking at a development agreement in the future which will be brought to them by Public Works at which time the road work issues will be addressed. He advised that the amenities for this neighborhood will be open to the public and community. Current Development Senior Planner John McCoy recounted the process and cited older models of traditional neighborhood designs such as Georgetown and Charleston. He also focused attention on the TND Criteria (item 23 in Memorandum above) and on the Overall Conceptual Planned Development Plan found in the plan booklet (filed with the backup of the meeting). He discussed buffers, the proposed site for an elementary school within the development, and concerns of impact on the adjacent Westlake Estates. He reported that staff had coordinated with the developers, the School Board, and the Westlake Estates neighbors resulting in increased setbacks. He pointed out that the School Board will have a 7 -year window of opportunity to commence construction of a school. He elucidated the buffering on 16' Street and other existing roadways and discussed the roadway options and buffering in detail, pointing out the requirement of approval by the Indian River Farms Water Control District. He described traffic circulation and mentioned the traffic studies MARCH 9, 1999 53 • BOOK 103 PAGE 574 r BOOK 103 PAGE 575 which had been done. He presented rights-of-way needs and advised paving requirements for the thoroughfare plan roads within the area of TND. He indicated the development would accelerate the need for improving the thoroughfare plan roads. Also, he generally explained the phasing. He mentioned the hotel and ALF total care limits. He advised that generally the setbacks are greater farther from town center and pointed out that there is less density away from the town center. He called attention to the section in the memorandum concerning the annual reports (#24). He closed his presentation with staff's recommendation to approve the rezoning with the conditions enumerated in the memorandum and pointed out that the first 9 conditions occur at the front end of the development. He once again stated that this has been essentially treated as a DRI with the attendant requirements and offered to answer any questions the Commissioners might have. The Commissioners made inquiries concerning the streets which will go through the TND, setbacks, buffering, impact on Westlake Estates, and other concerns, to which staff responded. Because of Commissioners' serious concerns about 16* Street and the impact on the homes in Westlake Estates, Public Works Director James Davis discussed preliminary ideas on paving and canals in that area. Commissioners presented several alternative suggestions which would create less impact on the Westlake Estates' homeowners and Director Davis cautioned that the suggested culverting of the canal was a very costly solution and the intersection of 16t` Street and 74th Avenue would then be off -set. Ultimately, he thought relocating the canal would be less costly than culverting at $110/foot. The Chairman declared a 5 -minute recess at 10:10 a.m. and the meeting was reconvened at 10:18 a.m. with all Commissioners and staff present. There were no further questions of staff and the Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Attorney Bruce Barkett appeared for the applicant and pointed out that the application was not only supported by staff but also by the Planning and Zoning Commission. He offered to answer any questions the Commissioners might have. He pointed out that any costs attendant to paving the roadways would be those of the County, not the developer. MARCH 9,1999 54 • Larry Eichelberger, 7435 16 Manor South, Westlake Estates, was one of the homeowners who would be severely impacted by the planned TND and paving of 16 Street. He felt it unfair to take property from him and other homes in his immediate area and felt the property for the roadway should come from the developers of the project. He believed the roadway on the south side of the canal would be better for everyone. He had no problem with the project, just the location of the road/canal and its deleterious affect on his property. Mike Diaz, 7481 N. 16 Manor, Westlake Estates, complained that neighbors had been notified after the fact and were told how things would be done. He advised of two lots in his neighborhood sold by the County upon which a house has since been built and one is under construction. He claimed the purchasers were not told (when they asked) they would be losing part of that property to this development. He suggested 8" and lTh Streets be made thoroughfares, not 16 Street. He asked the Board to be fair to his neighborhood. Robert White, 7300 2& Street, Village Green, advised that he serves on the SR -60 Corridor Plan On -Going Review Committee and was 100% behind this project. He stated that the Utilities Director had advised that the necessary infrastructure was in place from that perspective. Will Barker, 722016 Street, asked how much paving 16 Street would cost him as a homeowner. Director Davis responded that there is no current assessment project for 16 Street. It is not an assessment project at this point in the Public Works Department and it would be up to the Board whether an assessment project is done in the future. Mr. Barker commented that he thought the roads are fine as they are. Marian Greene, 742716 Manor South, Westlake Estates, stated thatl6 Street was planned in 1982 as a thoroughfare and in 1992 her house was built; nothing was said 10 years ago. She asked if the 16 Street bridge would be rebuilt Director Davis advised that the bridge is programmed to be reconstructed but not in a very short time frame. As the area develops, it will need to be done. Bob Hennessey, 1933 Tamara Trail (77' Avenue), advised that his condominium group was going to feel an immediate impact when this project gets underway. There is no deceleration lane on SR -60 at 77' Avenue; it is very dangerous now and there will be more traffic in the future. Director Davis advised that a signal at 70 Avenue and other roadway modifications will begin the end of the year. Planned six-laning SR -60 in the future should also help. MARCH 9, 1999 • 55 BOOK DS PAGE 5 6 6 BOOK 103 F'AGE577 Brian Heady, Vero Beach, advised that the "devil is in the details". He was not opposed to the project, but was opposed to "seizing" other peoples' property to accommodate a new development. He reported that he was at the School Board Meeting; there had been no agreement to put an elementary school in the project, but the real future need is for a middle school. Vice Chairman Adams stressed that the improvement to 16' Street will be done by the County not the developer. That must be kept in mind because the County would need to purchase property if the road is moved (from the original dedication). Julie Stroh, whose home is 98% completed on 74' Avenue property they purchased 1%2 years ago, stated that she had asked a lot of questions about what development was anticipated prior to purchasing the lot from the County. She was unhappy that it was not disclosed to her that the County staff was having discussions with the developers of this project. Another concern was installation of a traffic light at 74' Avenue and 16'h Street and backup of traffic at that light. Leaving the road on the south side of the canal, she felt, would alleviate some of the traffic backup. She also was concerned about the location set aside for the school and where the buffering would be located. She felt the best design would have had the golf course surrounding the development giving buffering to the surrounding properties. She believed that, because the proposed development was still in the design stage, it would be easy to change the design. She also felt the number of units should be scaled back. Director Keating pointed out that the 1199 units puts them into DRI requirements. He then explained DRI requirements and stated that the proposed development does not exceed the allowable density. Director Boling stated the development is at about 95% of the allowed density. Mike Wright, 741116` Manor South, West Lake Estates, has been a lifelong resident of Indian River County and lived in West Lake Estates for the past 10 years. He was opposed to the proposed project since it exceeded his expectations of what could be placed on that property. He took issue with the designation of 16* Street as an E -W collector road. He thought the County's thoroughfare plan was not cast in stone and saw no need for 16t` Street to go through between 66t` Avenue and 82 d Avenue. He told of a meeting with the developers, at which time the developers told them they had requested the County abandon 16* Street as part of their development and the County denied the request. They said they wanted to be a good neighbor, minimize the impact, and would be putting in a landscape MARCH 9, 1999 56 buffer along the south side of Westlake Estates. They had said that a wall was also doable. At the Planning and Zoning Commission meeting, the wall had been sized down to the 3 most western lots of Westlake Estates. Now there is talk of moving the canal and no plan to buffer from the road. He suggested moving the canal to the north of the road as a buffer for the Westlake Estates homeowners. He called this a good solution as it would minimise the property the County would have to purchase from the developer. He asked that the rezoning be tabled until all the interested parties could meet and resolve the 16t` Street problem. Chuck Mechlin, representing On Site Management Group Inc., had been involved in other developments in the county: Stonebridge, Cypress Lake, and Collier Club. They realized the 16' Street issue would be a major impact on the neighbors in Westlake Estates and had discussed the possibility of abandoning 16' Street. They realized, however, there is a plan and growth system in the county that must be complied with, so they began to work with staff to come up with a concept that would be appropriate. They still want to do that to the best of their ability for their own development and the Westlake Estates neighbors. They are willing to try to work out problems. Today's matter is for approval of the concept. He felt the proposed semi -private golf course would be another quality asset to the community. He asked for the Board's approval. Director Boling thought that the public trust and communication issues were important. He felt staff had tried, but may have failed to communicate sufficiently with the homeowners. He wanted to point out that staffhad conversations with people from Westlake Estates throughout the process. Staff met with members of the Westlake Estates Property Owners and the developers on January 15' to look at the 16' Street issue. At that time, staff was using a policy developed in 1985, which is in the LDRs, to have street improvements where there is a canal on the south side, to take property from the north side. That is what staff discussed with the Westlake property owners and the developer in January. He further explained that at the PZC meeting, staffrealized that Westlake owners still had concerns, and that is when staff explored other alternatives which have been presented to the Board. Mike Diaz stated that the communications presented by the County were after -the - fact and the people of Westlake Estates were being told, "This is how it is going to be done." He believed the County is supposed to work for the people, not the people work for the County. He felt there should be a balance. MARCH 9, 1999 57 BOOK 108 PAGE 57 BOOK 108 PAGE 79 It was determined that no one else wished to be heard and the Chairman closed the public hearing. Chairman Macht asked if the conceptual approval were granted today, what was left for modification and to what degree. Director Boling referred to the many conditions set forth in the recommendation and stressed that one of those was working out the 161 Street improvements in a developer's agreement that would come back before the Board for approval. He stated that the location of the school and buffering were included as part of today's conceptual proposal. Commissioner Stanbridge asked if the school is built would it be deed -restricted so they cannot go outside the parameter of the setbacks and easements already established, and Director Boling responded in the affirmative, adding that the School Board would take the property subject to those restrictions and obligations including the buffering conditions. The window of opportunity for the School Board is 2007-2014 which was arrived at between the developer and the School Board staff. Vice Chairman Adams understood that if the School Board did not build a school, the property would revert to recreational/open space, and Director Boling confirmed her understanding and added that it cannot be a church site. Commissioner Tippin commented that he helped write the restrictions in 1985 and he is very conservative. As a member of the Regional Planning Council he resisted this new TND concept, because it is quite a drastic change. He has gone to visit some of these already established TNDs in other locations and he admitted to having changed his viewpoint. This is different and somewhat scary, but he would support this request. MOTION WAS MADE by Commissioner Tippin, SECONDED BY Commissioner Adams, to approve the concept, which includes the rezoning, with the understanding that the 16' Street situation will be seriously revisited. Commissioner Tippin suggested that the Board consider moving the canal and/or curving the road. Under discussion, Vice Chairman Adams found it interesting that there was only one sticking point. She complimented staff on their efforts and commented that this TND is getting back to the basics of a neighborhood. She predicted it would be fun to watch it MARCH 9, 1999 58 0 it unfurl. Although site plan details will go to P & Z. the Commission will need to take care of the 16' Street concerns. Commissioner Stanbridge called it a very innovative plan and she thought the County ought to be innovative with the 161 Street solutions. Commissioner Grim commented that she wanted to protect the established neighborhood at West Lake Estates and thought the Board should be sure to do that. The Chairman CALLED THE QUESTION and the motion carried unanimously. (Ordinance #99-005 adopted subject to conditions as set forth in the recommendation of the above memorandum.) ORDINANCE NO. 99- 0 5 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RM -8 AND A-1 TO PDTND FOR APPROXIMATELY 602.99 ACRES OF LAND GENERALLY LOCATED SOUTH OF SR 60, NORTH OF 8'T" STREET, BETWEEN 661 AVENUE AND 821 AVENUE; AND DESCRIBED HEREIN, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning, is consistent with the Comprehensive Plan of Indian River County, and the county land development regulations, including but not limited to the Planned Development (PD) Process and Standards for Development chapter, and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the property situated in Indian River County, and legally described in EXHIBIT A (attached) be changed from RM -8 and A-1 to PDTND, and that the PD conceptual plan (see EXHIBIT B, attached) will control and regulate development on the subject land. MARCH 9, 1999 Fi7 BOOK 1U pAGF �� BOOK All with the meaning and intent as set forth in the land development regulations, and the approved conceptual plan as may be amended pursuant to the provisions of the Planned Development (PD) Process and Standards for Development chapter of the land development regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this qday of M a r c h , 1999. 103 PAGE 58 This ordinance was advertised in the Vero Beach Press -Journal on the L4 day of February , 1999 for a public hearing to be held on the9 day of March 1999 at which time it was moved for adoption by Commissioner T i o n i n , seconded by Commissioner Adams , and adopted by the following vote: Chairman Kenneth R. Macht A y e Vice Chairman Fran B. Adams A v e Commissioner Caroline Ginn Aye Commissioner Ruth Stanbridge A y e Commissioner John W. Tippin A y e The foregoing instrument was acknowledged before me on this #umnyty, by Kenneth R. Macht as Chairman of the Board of County Commissioners of Indian River Florida, and by PATRICIA NSI. FIIGGEyeputy Clerk, respectively Clerk of the Board of County Commissioners of Indian River County, Florida, who are personally known to me. jll7JllJlJIJJHJlIJNJHibli:iliNrlidll�iJl�Ilh . r • Alice E. Wbite ; •o� NOW public,Soft dFlu aNO.CCST6832 ' �n Mycrmmsacica Exp. W13R000 IJOb3 Nt �A"'r . rLL E;.y,y Sen ee & �ir»7»»1�»riis»>,t»>,»>yr�sss►»7 Notary Public Printed Name: Commission No.: Commission Expiration: Acknowledgment by the Department of State of the State of Florida this day of 1999. Effective upon filing with the Department of State. This ordinance was filed with the Department of State on the following date: MAR 1 7 1999 MARCH 9, 1999 .0 BOARD OF COUNTY COMMISSIONERS Inaa� Rive Ga AGoroved Date OF INDIAN RIVER COUNTY Admin V 3 y Legal Budget Desi. rl By: Risk mgr. eth R Macht, Chairman ATTEST BY: The foregoing instrument was acknowledged before me on this #umnyty, by Kenneth R. Macht as Chairman of the Board of County Commissioners of Indian River Florida, and by PATRICIA NSI. FIIGGEyeputy Clerk, respectively Clerk of the Board of County Commissioners of Indian River County, Florida, who are personally known to me. jll7JllJlJIJJHJlIJNJHibli:iliNrlidll�iJl�Ilh . r • Alice E. Wbite ; •o� NOW public,Soft dFlu aNO.CCST6832 ' �n Mycrmmsacica Exp. W13R000 IJOb3 Nt �A"'r . rLL E;.y,y Sen ee & �ir»7»»1�»riis»>,t»>,»>yr�sss►»7 Notary Public Printed Name: Commission No.: Commission Expiration: Acknowledgment by the Department of State of the State of Florida this day of 1999. Effective upon filing with the Department of State. This ordinance was filed with the Department of State on the following date: MAR 1 7 1999 MARCH 9, 1999 .0 • DESCRIPTION • THE EAST 20.00 ACRES OF TRACT 10 AND ALL OF TRACTS 14 AND 15. SECTION I. TOWNSHIP 33 SOUTH. RANGE 38 EAST. INDIAN RIVER COUNTY. FLORIDA: AND TRACTS I. 2. 3. 6. 7. 8. 9. 10 AND 15 SECTION 12. TOWNSHIP 33 SOUTH. RANGE 38 EAST. INDIAN RIVER COUNTY. FLORIDA. LESS HOWEVER THE WEST 17.60 ACRES OF SAID TRACT 6 AND THE EAST 28.98 ACRES OF SAID TRACT 9. AND TRACTS 2. 3. 4. 5. 6. 7 AND 12. SECTION 7. TOWNSHIP 33 SOUTH. RANGE 39 EAST. INDIAN RIVER COUNTY. FLORIDA. LYING NORTH OF THE MAIN CANAL. ALL OF THE ABOVE SHOWN ON THE PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION. ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 2. PAGE 25. OF THE PUBLIC RECORDS OF ST. LUCIE (NOW INDIAN RIVER) COUNTY. FLORIDA. LEGAL DESCRIPTION POINTE WEST MARCH 9, 1999 61 DAVID M. JONES PROFESSIONAL SURVEYOR 6 MAPPER 2345 14TH AVENUE (561)567-9875 VERO BEACH . FL 32960 BOOK 103 PAGE N Ulf 1FFU'qI I rfill�1141if1111Ieq Yi t tE t tar s SS ! r i Is !r �s CC r e .( lttttl. i E �rl E , jit t 11 IF IF t i a, IL ttttttf a ttttttf tft ss a a MARCH 9, 1999 r1 U W BOOK 103 PAGE 583 n V 9.A.2. ORDINANCE NO. 99-006 - AMENDMENT TO ZONING ORDINANCE AND ZONING MAP FROM RS -6 AND RM -6 TO RM -8 FOR PROPERTY LOCATED ON THE NORTH SIDE OF 41ST STREET AND WEST SIDE OF INDIAN RIVER BOULEVARD - SCHWERIN REALTY COMPANY - ±29.5 ACRES (Quasi -Judicial) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN TBE OFFICE OF TBE CLERK TO THE BOARD The Board reviewed a Memorandum of February 19, 1999: TO: James E. Chandler County Administrator HEAD CONCURRENCE Rftert M. Keating, A1CP THROUGH: Sasan Rohan, AICP S -// Chief, Long -Range Planning FROM: John Wachtel ax Senior Planner, Long -Range Planning DATE: February 19,1999 RE: Schwerin Realty Company and Others Request to Rezone Approximately 29.5 Acres from RM -6 and RS -6 to RM -8 (RZON 98-10-0061) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 9, 1999. This request is to rezone approximately 29.5 acres to RM -8, Multiple -Family Residential District (up to 8 units/acre). The western 28.8 acres of the site are currently zoned RM -6, Multiple -Family Residential District (up to 6 units/acre), while the eastern 0.7 acres of the site are currently zoned RS -6, Single -Family Residential District (up to 6 units/acre). Somewhat irregularly shaped, the subject property is depicted on attachment 2 and is generally located near the northwest comer of the intersection of 41 "' Street (South Gifford Road) and Indian River Boulevard. The purpose of this request is to secure the zoning necessary to develop the site with a residential use at a density that is consistent with its comprehensive plan land use designation. On November 12, 1998, the Planning and Zoning Commission voted 5 to 0 to recommend that the Board of County Commissioners approve this request to rezone the subject property to RM -8. MARCH 9, 1999 63 BOOK 0 FACE 5,`i' BOOK 103 PAGE 585 The subject property and all surrounding property consist of citrus groves and -are zoned either RM -6 or RS -6. The boundary between the RM -6 and RS -6 zoning districts is perpendicular to 41' Street and is located approximately 780 feet west of the 41' Street/Indian River Boulevard intersection. The subject property and all surrounding properties north of 41' Street are designated M-1, Medium - Density Residential -1, on the county future land use map. The M-1 designation permits residential uses with densities up to 8 units/acre. As part of the county's evaluation and appraisal process, properties south of the subject property, across 41' Street, were recently redesignated from M-1 to CA, Commercial/Industrial, on the county future land use map. The C/I designation permits various commercial and industrial zoning districts. In the future, the county plans to rezone that property to the MED, Medical, zoning district. The subject property is not designated as environmentally important or environmentally sensitive by the comprehensive plan. No wetlands or native upland plant communities exist on site. According to Flood Insurance Rating Maps, the subject property does not contain any flood hazard areas. The site is within the Urban Service Area of the county. Wastewater service is available to the site from the Central Region Wastewater Treatment Plant, while potable water service is available to the site from the North County Reverse Osmosis Plant. The site can be accessed by both Indian River Boulevard and 41' Street. Classified as an urban principal arterial on the future roadway thoroughfare plan map, the segment of Indian River Boulevard that abuts the subject property is a four lane road with approximately 200 feet of public road right-of-way. No improvements to this portion of Indian River Boulevard are currently programmed. The site is also bounded by 41' Street, an urban collector road on the future roadway thoroughfare planmap. A paved two lane road, 41' Street has approximately 100 feet of public road right-of-way. No improvements to this portion of 41' Street are currently programmed. In this section, an analysis of the reasonableness of the rezoning request will be presented. Specifically, this section will include: • an analysis of the request's impact on public facilities; • an analysis of the request's consistency with the county's comprehensive plan; • an analysis of the request's compatibility with the surrounding area; and • an analysis of the request's potential impact on environmental quality. MARCH 9, 1999 9 it • This site is located within the county Urban Service Area, an area deemed suited for urban scale development. The Comprehensive Plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Drainage and Recreation. The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. The Comprehensive Plan and Land Development Regulations (LDRs) also require that new development be reviewed to ensure that the minimum acceptable standards for these services and facilities are maintained. Policy 3.2 of the Future Land Use Element states that no development shall be approved unless it is consistent with the concurrency management system component of the Capital Improvements Element. For rezoning requests, conditional concuntricy review is required. Conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not projects, county regulations call for the concurrency review -to be based upon the most intense use of the subject property based upon the requested zoning. For residential rezoning requests, the most intense use (according to the County's LDRs) is the maximum number of units that could be built on the site, given the size of the property and the maximum density under the proposed zoning. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned: 2. Existing Zoning Districts: 3. Proposed Zoning District: 4. Most Intense Use of Subject Property Under Existing Zoning Districts: 5. Most Intense Use of Subject Property Under Proposed Zoning District: - Transportation f29.5 acres RM -6, Multiple -Family Residential District (up to 6 units/acre) and RS -6, Single -Family Residential District (up to 6 units/acre) RMA Multiple -Family Residential District (up to 8 units/acre) 177 Single -Family Units 236 Single -Family Units As part of the concurrency review process, the applicant has submitted a Traffic Impact Analysis (TIA). The county's Traffic Engineering Division has reviewed and approved that TIA. A TIA reports the number of peak hour/peak season/peak direction trips that would be generated by the most intense use of the subject property under the proposed zoning district, and assigns those trips to impacted roads. Impacted roads are defined in section 910.09(4)(b)3 of the county's LDRs as roadway segments which receive five percent (5%) or more of the project traffic or fifty (50) or more project trips, whichever is less. According to the approved TIA, the existing level of service on impacted roads would not be lowered by the traffic generated by development of 236 single-family units on the subject property. - Water With the proposed zoning, the subject property could accommodate 236 residential units, resulting in water consumption at a rate of 236 Equivalent Residential Units (ERU), or 59,000 gallons/day. This is based upon a level of service of 250 gallons/ERU/day. Development on the subject property would be served by the North County Reverse Osmosis Plant which currently has a remaining capacity of approximately 2,400,000 gallons/day and can accommodate the additional demand generated by the proposed rezoning. MARCH 9, 1999 65 BOOK I U-3, FAGE F1 LJ A F' BOOK 103 FACE587 - Wastewater Based upon the most intense use allowed under the proposed zoning, development of the property will have a wastewater generation rate of approximately 236 Equivalent Residential Units (ERU), or 59,000 gallons/day. This is based upon the level of service standard of 250 gallons/ERU/day. County wastewater service is available to the site from the Central Regional Wastewater Treatment Plant, which currently has a remaining capacity of more than 1,300,000 gallons/day and can accommodate the additional wastewater generated by the subject request. - -Solid Waste — Solid waste service includes pick-up by private operators and disposal at the county landfill. The county's adopted level of service standard for landfill capacity is 1.97 cubic yards/person/ year. With the county's average of approximately 2.3 persons/unit, a 236 unit residential development would be anticipated to house approximately 543 people (2.3 X 236). For the subject request to meet the county's adopted level of service standard of 1.97 cubic yards/person/year, the landfill must have enough capacity to accommodate approximately 1,070 (543 X 1.97) cubic yards/year. A review of the solid waste capacity for the active segment of the county landfill indicates the availability of more than 830,000 cubic yards. The active segment of the landfill has a 2 year capacity, and the landfill has expansion capacity beyond 2010. Based on the analysis, staff determined that the county landfill can accommodate the additional solid waste generated by the site under the proposed zoning district. - Drainage All developments are reviewed for compliance with county stormwater regulations which require on-site retention, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals must meet the discharge requirements of the county Stormwater Management Ordinance. Any development on the subject property will be prohibited from discharging any runoff in excess of the pre -development rate. In this case, the minimum floor elevation level of service standard does not apply, since the property does not He within a floodplain. On-site retention and discharge standards, however, do apply to this request. With the most intense use of this site, the maximum area of impervious surface under the proposed zoning classification will be approximately 20.65 acres. The estimated runoff volume, based on that amount of impervious surface and the 25 year/24 hour design storm, will be approximately 882,350 cubic feet. In order to maintain the county's adopted level of service, the applicant will be required to retain approximately 241,930 cubic feet of runoff on-site. With the soil characteristics of the subject property, it is estimated that the pre -development runoff rate is 149.61 cubic feet/second. Based upon staffs analysis, the drainage level of service standards will be met by limiting off-site discharge to its pre -development rate of 149.61 cubic feettsecond, and requiring retention of 241,930 cubic feet of runoff for the most intense use of the property. As with all development, a more detailed review will be conducted during the development approval process. - Recreation A review of county recreation facilities and the projected demand that would result from the most intense development that could occur on the property under the proposed zoning district indicates that the adopted levels of service would be maintained. The following table illustrates the additional park demand associated with the proposed development of the property and the existing surplus park acreage. MARCH 99 1999 M. PARK INFORMATION LOS (Acres per 1,000 Population) Project Demand (Acres) Surplus Park Acreage 4.0 2.1712 232 Based upon the analysis conducted, staff has determined that all concurrency -mandated facilities, including drainage, roads, solid waste, recreation, water, and wastewater, have adequate capacity to accommodate the most intense use of the subject property under the proposed zoning district. Therefore, the concurrency test has been satisfied for the subject request. Rezoning requests are reviewed for consistency with all policies of the comprehensive plan. Rezonings must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map, which include agriculture, residential, recreation, conservation, and commercial and industrial land uses and their densities. Commercial and industrial land uses are located in nodes throughout the unincorporated areas of Indian River County. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following objectives and policies. - Future Land Use Element Objective 1 Future Land Use Element Objective 1 states that the county will have a compact land use pattern which reduces urban sprawl. Since the proposed rezoning is to increase the allowed density of land within the urban service area, the request works to create a more compact land use pattern within the urban service area. By increasing the allowed density of land currently within the urban service area, as opposed to expanding the urban service area, the proposed rezoning reduces the chances urban sprawl will occur. For these reasons, the request is consistent with Future Land Use Element Objective 1. - Future Land Use Element Policies 1.13 and 1.14 Future Land Use Element Policy 1.14 states that the M-1, Medium -Density Residential -1, land use designation is intended for residential uses with densities up to 8 units/acre. In addition, Future Land Use Element Policy 1.13 states that these residential uses must be located within the urban service area. Since the subject property is located within an area designated as M-1 on the county's future land use plan map and is located within the county's urban service area, and the proposed zoning district would allow residential uses no greater than the 8 units/acre permitted by the M-1 designation, the proposed request is consistent with Policies 1.13 and 1.14. - Future Land Use Element Policy 2.2 Future Land Use Element Policy 2.2 states that the county shall encourage and direct growth into the urban service area through zoning and LDRs. Since the proposed rezoning would allow and encourage more development on the subject property and the subject property is within the urban service area, the request implements Future Land Use Element Policy 2.2. MARCH 911999 67 BOOK ll.�U FAGt ��`J r_ BOOK 108 PAGE 99 - Future Land Use Element Objective 4 Future Land Use Element Objective 4 states that the county will reduce the number and length of trips on county roads. The site is located adjacent to or near several of the county's largest employment centers, including the US 1/37' Street Hospital Node and the Vero Beach Municipal Airport. Many people who work in those employment centers live in moderately -priced, low to medium density housing. The RM -8 zoning district is intended for such uses. Therefore, the proposed rezoning will increase the opportunity for people who work in those areas to live near their jobs, thus reducing the length of their trips to and from work. For this reason, the request implements Future Land Use Element Objective 4. - Transportation Element Objective 11 and Policy 11.1 Transportation Element Objective 11 and Policy 11.1 state that the county will increase densities in the urbanized area and along major transportation corridors in order to facilitate future mass transit provision. Since the proposed rezoning will increase the allowed density along and near several major transportation corridors, this request implements Transportation Element Objective 11 and Policy 11.1. As part of its consistency analysis, staff compared the proposed request to all the objectives and policies in the plan and found no conflicts. Therefore, the request is consistent with the comprehensive plan. Because the subject property is nearly surrounded by either major roads or other multiple -family zoning districts, compatibility is not a major concern with respect to this request. Although several citrus groves currently abut the subject property, the county anticipates that those groves will eventually be converted to residential uses. Staff s position is that multiple -family residential development is appropriate for the site and that such development would be compatible with surrounding land uses. Located adjacent to the US 1/37" Street Hospital node and near the Vero Beach Municipal Airport, the subject property is particularly well suited to meet the demand for multiple -family housing generated by those employment centers. In effect, the proposed rezoning would increase the opportunity for people to live near their place of employment. With most of the site already zoned for multiple -family uses, this request is primarily for a density increase (consistent with the comprehensive plan). Since the density increase meets the concurrency test and is consistent with the site's future land use designation, the request is not anticipated to negatively impact surrounding areas. For these reasons, staff feels the requested zoning district would be compatible with adjacent residential development. Being a citrus grove, the site has been altered. Since the subject property contains no environmentally important land, such as wetlands or sensitive uplands, development of the site is anticipated to have little or no impact on environmental quality. For this reason, no adverse environmental impacts associated with this request are anticipated MARCH 9, 1999 68 Based on the analysis, staff has determined that the requested zoning district is compatible with surrounding areas, is consistent with the comprehensive plan, meets all concurrency criteria, will have no negative impacts on environmental quality, and meets all applicable rezoning criteria. Most importantly, the subject property is located in an area deemed suited for medium -density multiple - family residential uses. For these reasons, staff supports the request. Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property to RM -8. ATTACHMENTS 1. Rezoning Application 2. Location Map 3. Approved minutes of the November 12, 1998 Planning and Zoning Commission meeting. 4. Rezoning Ordinance County Attorney Vitunac pointed out this was a quasi-judicial matter and asked to swear in all those who would be giving testimony. Directors Keating and Boling were sworn. Community Development Director Bob Keating advised that this was a less controversial matter than the prior one and reviewed the request and information set forth in the above Memorandum. He reviewed the criteria, advised of its consistency with the Comprehensive Plan, and recommended rezoning the property to RM -8. Director Keating responded to some questions of Commissioner Ginn about zoning of the surrounding property. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Bruce Barkett, representing the applicant, called this a straightforward application which had the support of the Planning and Zoning Commission and staff. He briefly explained the request and pointed out that it is consistent with the Comprehensive Plan and has no compatibility issues. He offered to answer questions. Commissioner Ginn asked if there was a 20% density bonus if this property is used for affordable housing, and Director Keating advised that would be at the discretion of the MARCH 911999 BOOK 108 PAGr 590 BOOK 103 PAGE59i Board and the applicant would have to go through the planned development process to get any density bonus. It is not a by -right allowance. Commissioner Ginn asked if past actions could set a precedent and have a legal bearing on density bonuses, and County Attorney Vitunac thought it is a legal problem if the Board has established a course of always giving the bonus once the applicant meets the basic elements. He would have to research it to give a better answer. Chairman Macht recalled the reason density bonuses were given previously was because it was incorporated in the recommended package and not really presented as an optional item. Commissioner Ginn mentioned there were three projects on south Indian River Boulevard that received 20% density bonuses and she was concerned about traffic impact in other properties that are currently designated RM -6. Director Keating stated that staff has looked at the Comprehensive Plan and they have an overall transportation element. They will make certain that the future traffic circulation system can accommodate the proposed land use allowances. Also, from an MPO standpoint, they will be considering a scope of services for the MPO's long-range transportation plan update through the year 2025 at their next MPO meeting. It seemed to Chairman Macht that the 20% density bonus would be site-specific and involved the ability to handle the traffic. He felt that an across-the-board precedent would not prevail. County Attorney Vitunac advised that he would like to analyze the last three density credits and advise the Commission how that happened and whether it would be binding in the future. There is time to look at the whole issue regardless of this zoning request. The applicant has apparently met all the zoning criteria - this is quasi-judicial. The Board may later have a right to give a density bonus in the future but that is extraneous to what is before them. It was determined that no one else wished to be heard and the Chairman closed the public hearing. MARCH 9. 1999 70 41 0 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution # 99-006 amending the Zoning Ordinance and the Accompanying Zoning Map from RS -6 and RM -6 to RM -8, for the property located on the north side of 41' Street and the west side of Indian River Boulevard. ORDINANCE NO. 99- 0 6 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RS -6 AND RM -6 TO RM -8, FOR PROPERTY LOCATED ON THE NORTH SIDE OF 41 sr STREET AND THE WEST SIDE OF INDIAN RIVER BOULEVARD, AND DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: That part of the south %z of the south %z of the NE 1/4 of section 26, township 32 south, range 39 east being more particularly described as: commencing at the SW comer of said SE 1/4 of the NE 1/4; thence run N 00°00'01" E along the west line of said SE 1/4 of the NE 1/4 a distance of 50.00 feet to the north right-of-way of 41' Street and point of beginning; thence run N 00°00'01" E a distance of 612.49 feet to the north line of said south %z of the south %z; thence run S 89°50'32" E a distance of 698.78 feet; thence run S 04'14'23" E a distance of 614.98 feet to the north right-of-way of said 41' Street; thence run N 89'50'32" W along said right-of-way a distance of 743.88 feet to the point of beginning. Said parcel contains 10.15 net acres. And That part of the north %a of the southwest 1/4 of the northwest 1/4 of section 25, township 32 south, range 39 east lying west of the west right-of-way of Indian River Boulevard being more particularly described as commencing at the northwest comer of the southwest 1/4 of the northwest 1/4; thence run south 00°08'57' west a distance of 400.01 feet to the intersection of the west right-of-way of said Indian River Boulevard with the west line of said southwest 1/4 of northwest 1/4; thence run southeasterly along a curve concave to the northeast having a central angle of 02°5828", a radius of 6903.96 feet an arc distance of 358.42 feet to the south line of said north %z of the southwest 1/4 of the northwest 1/4; thence run north 89'4925" west along said south line a distance of 242.49 feet to the west line of said southwest 1/4 of the northwest 1/4; thence run north 00 °08'57" east a distance of 263.78 feet to said intersection of said west right-of-way and point of beginning. MARCH 9, 1999 71 BOOK , PAGE 092 BOOK ORDINANCE NO. 99- 0 6 103 PAGE 503 And The south %z of the north Y2 of the southeast 1/4 of the northeast 1/4 of section 26, township 32 south, range 39 east lying west of Indian River Boulevard and being more particularly described as commencing at the northwest comer of the southeast 1/4 of the northeast 1/4 of section 26, township 32 south, range 39 east, thence run south 00°00'02" west along the west line of said southeast 1/4 of northeast 1/4 a distance of 331.25 feet to the point of beginning; thence run south 89°55'35" east a distance of 1269.30 feet to the west right-of- way of Indian River Boulevard; thence run southeasterly along a curve concave to the northeast having a central angle of 00°44'42", a radius of 6903.96 feet an arc distance of 89.77 feet to the intersection of the eastline of said southeast 1/4 of the northeast 1/4; thence run south 00°08'57" west a distance of 263.78 feet to the south line of the north %z of the southeast 1/4 of the northeast 1/4; thence run north 89053154" west a distance of 1327.00 feet to the west line of said southeast 1/4 of the northeast 1/4; thence run north 00°00'02" east along said west line a distance of 331.25 feet to the point of beginning. And The north %i of the north %z of the southeast 1/4 of northeast 1/4 of section 26, township 32 south, range 39 east lying west of Indian River Boulevard and being more particularly described as beginning at the northwest comer of said southeast 1/4 of northeast 1/4. Thence nm south 89 ° 5T 16" east along the north line of said southeast 1/4 of northeast 1/4 a distance of 1005.72 feet to the west right-of-way of Indian River Boulevard; thence run southeasterly along a curve concave to the northeast through a central angle of 3'31'08", a radius of 6903.96 feet an arc length of 424.03 feet, thence run north 89°55'35" west a distance of 1269.30 feet to the west line of the southeast 1/4 of the northeast 1/4; thence run north 00°00'02" east a distance of 331.25 feet to the point of beginning. Be changed from RS -6 and RM -6 to RM -8. All with the meaning and intent and as set forth and described in said Land Development Regulations. 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 9'b day of March, 1999. This ordinance was advertised in the Press-Joumal on the 20 day of February, 1999 for a public hearing to be held on the 9`h day of March, 1999 at which time it was moved for adoption by Commissioner Adams , seconded by Commissioner S t a n b r i d g e and adopted by the following vote: Chairman Kenneth R. Macht Aye Vice -Chairman Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Ruth M. Stanbridge AY e Commissioner John W. Tippin Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: A�zr_%..06� Kenneth R. Macht, Chairman ATTEST BY: -'—�ey K. Ban; Cler -� Indian (live Ca ACWOvto Date Admin. Legal (�'">C t - Budget Dept Risk Mgr. This ordinance was filed with the Department of State on the following date: MARCH 9, 1999 72 9.C. PUBLIC NOTICE ITEMS - ITEMS SCHEDULED FOR MARCH 16,1999 AND APRIL 6,1999 March 16,1999 1. County- initiated requestto amend the comprehensive -Plan to redesignate the following publiclyowned wnedernes to C-1. Publicly Owned Conservation -1 (zero density) and rezone those �ro�erties to Con -L Public Lands Conservation District (zero density): A. f8 Acres located on the east side ofSR AIA, iust north 0 the town oflndian River Shores; B. :�37Acres located at the northeast corner of 8th Street and Indian River Boulevard; and C. X15.8 Acres located west of St. Christopher's Harbor Subdivision (Legislative 2. County -initiated request to amend the Future Land Use andln& overnmental Coordination Elements ofthe Com,prehensive Plan (Legislative April 6,1999: L. John W. Mitchell and others' request to rezone f2 acres located at the northwest corner of 77th Street WobartRoad) and US - 1 from CH. Heavy Commercial District to CL, Limited Commercial District (.Quasi Judicial The Chairman read the following Memorandum of March 3, 1999 into the record: TO: James E. Chandler County Administrator D TMENT HEAD CONCURRENCE: Obert M. Keating, P � Community Develop ent Dir for MARCH 99 1999 73 BOOK 103 PAGE 594 pr BOOK 108 PAGE 95 THROUGH: Sasan Rohani, AICP 5 - Ato - Chief of Long -Rang Planning FROM: John Wachtel Senior Planner, Long -Range Planning DATE: March 3, 1999 SUBJECT: Notice of Scheduled Public Hearings It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 9, 1999. Please be advised that the following public hearings have been scheduled for Board consideration at its March 16, 1999 meeting: 1. County initiated request to amend the comprehensive plan to redesignate the following publicly owned properties to C-1, Publicly Owned Conservation- 1(zero density), and rezone those properties to Con -1, Public Lands Conservation District (zero density): A. f8 acres located on the east side of SR AIA, just north of the town of Indan River Shores; B. ±37 acres located at the northeast corner of 8" Street and Indian River Boulevard; and C. f 15.8 acres located west of St. Christopher's Harbor Subdivision (Legislative). 2. County -initiated request to amend the Future Land Use and Intergovernmental Coordination Elements of the Comprehensive Plan (Legislative). Please be advised that the following public hearing has been scheduled for Board consideration at its April 6, 1999 meeting: John W. Mitchell and others' request to rezone f2 acres located at the northwest corner of 77`h Street (Hobart Road) and US 1 from CH, Heavy Commercial District to CL, Limited Commercial District (Quasi -Judicial). The above referenced public hearing dates are provided for the Board of County Commissioners information. No action is needed. NO ACTION REQUIRED OR TAKEN. 11-G.1- FIRST CHURCH OF GOD, INC. - DEVELOPER'S AGREEMENT - RIGHT-OF-WAY ICINGS HIGHWAY PHASE H The Board reviewed a Memorandum of March 3, 1999: MARCH 9, 1999 74 so 0 TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Terry B. Thompson, P.E. Capital Projects Manager SUBJECT: Phase II Kings Highway Improvement Developer's Agreement between Indian River County and First Church of God, Inc. DATE: March 3, 1999 DESCRIPTION AND CONDITIONS An additional twenty feet (20') of right-of-way is needed along the most side of Kings Highway adjacent to the First Church of God development. The attached developer's agreement provides for the purchase of needed right-of-way and the construction of drainage facilities on the church site. The ponds on the church site have been designed to accept the runoff from King's Highway (one acre equivalent pond area) and runoff from the church site (four acre equivalent pond area). Based on these equivalent areas, the County will pay 20% of the monthly pond maintenance cost. The cost of the right-of-way and County's portion of the drainage improvements is $100,450 as outlined in the agreement. RECOMMENDATIONS AND FUNDING Staff recommends that the Board of County Commissioners approve the attached Developer's Agreement. ATTACHMENT Developer's Agreement Vice Chairman Adams questioned Public Works Director James Davis on the cost and future costs to the County under this agreement. Public Works Director James Davis explained in detail the costs as set forth in the agreement and explained the economics. He mentioned that the value of the land was similar to that in past agreements of this nature. He also spoke of the environmental and aesthetic values of having a large retention pond versus smaller ones and advised of the County's responsibilities in maintaining the pond. In response to Vice Chairman Adams' question about timing, Director Davis advised that this is part of Phase 2 of the Kings Highway MARCH 9,1999 75 BOOK 103 Fa1GE 5 iia BOOK D8 PAGF5,97 project. He added that coming up this summer, the row of Australian pines alongside Kings Highway would be taken down by the County in order to widen the road thus the deadline on paragraph 8 of the agreement. Vice Chairman Adams was concerned about getting into a time scheduling requirement in a development order that the County is unable to meet. Director Davis stated he hoped to clear the right-of-way this summer. He then advised of a minor deletion on the first page, paragraph 4 (first line) of the Agreement: "at the CHURCH's sole cost and expense". Further in the agreement, the costs are specifically enumerated. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Tippin, the Board unanimously approved the Developer's Agreement between Indian River County and First Church of God, Inc. and authorized the Chairman to execute same, as corrected and as recommended by staff. DEVELOPER'S AGREEMM IS ON= IN TAE OFFICE OF TAE CLERK TO TBE BOARD 11.G.2. OPTIONAGREEMENT FORPURCHASE OFPARCEL FOR COUNTY FLEET MANAGEMENT COMPLEX (JOINT WITH INDIAN RIVER COUNTY SCHOOL DISTRICT) FROM ANNETTE R. ROBERTS, TRUSTEE The Board reviewed a Memorandum of March 311999: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Directoz SUBJECT: Joint Indian River County/School District of Indian River County Fleet Management Complex/Fueling Depot/Bus Storage and Related Facilities - Land Acquisition DATE: March 3, 1999 MARCH 9, 1999 76 DESCRIPTION AND CONDITIONS Hansen Engineers, Engineering Consultant for the Joint County/School District Fleet Management Complex, has completed an analysis of the possible use of existing County property along 41st Street (South Gifford Road) for a Fleet Management facility. Due to old landfill practices, the County property is not suitable for a joint Fleet Management Complex. The consultant, under the contract Scope of Work, must analyze two additional sites if necessary. An existing approx. 25 acre site zoned industrial is for sale one-quarter of a mile west of the County Road and Bridge Division property south of 410t Street. The property is listed at $430,000 or approx. $17,200/acre. It meets the size, shape, and location requirements of the School District and County. The School District Board, on Feb. 23, 1999, approved proceeding with the purchase of this property. County staff has prepared an option agreement to reserve the property while certain site suitability studies are conducted. The option agreement includes: 1) An option payment of $10,000 by the County. This will give the County until June 30, 1999 to study the property for site suitability. 2) Purchase price of $366,900 or approximately $14,676/acre. This price must be substantiated by an appraisal. 3) Allow County and School District to perform Environmental Site Assessments. 4) Seller must survey property and resolve any title defects. Seller must provide title insurance commitment. 5) Closing shall be on or before July 31, 1999, unless extended. 6) Other applicable standard conditions. ALTERNATIVES AND ANALYSIS Since no other existing County nor School District property with proper land use classification exists, staff must secure a site to proceed. The following alternatives are presented: Alternative No. 1 Approve execution of the Option Agreement. The School District will purchase 15-20 acres of this site and the County will purchase 5-10 acres. The exact amounts have yet to be determined. Alternative No. 2 Deny approval and proceed to look for other sites. MARCH 9, 1999 77 BOOK IU PAGt0 BOOK 103 PAGE 599 RECONIlKENDATIONS AND FUNDING Staff recommends Alternative No. 1 whereby the Option Agreement is approved. Funding to be by School District and County (Local Option Sales Tax). 1) Option Agreement 2 Letter from Steven W. Knight, Hanson Engineers to Jim Davis dates Oct. 15, 1998 MOTION WAS MADE by Vice Chairman Adams, SECONDED by Commissioner Ginn, to approve alternative No. 1. (Approve the Option Agreement - the School District to purchase 15-20 acres of the site and the County to purchase 5- 10 acres.) Under discussion, Commissioner Ginn asked if staff had looked at the airport for a site so property would not have to be taken off the tax rolls for this project, and Public Works Director James Davis advised that had been considered but is not possible. Because of a verbal communication he had just received from Greg Smith during the earlier public hearing, he suggested that their approval on this motion be contingent on the School District's Board re -affirming their desire to participate. Vice Chairman Adams suggested it be left to Director Davis' discretion to clarify the intentions of the School Board, and, if necessary, bring it back to the Commission. Director Davis mentioned that it was necessary for the School District to also sign off on the option. He recalled the vote at the February 231 School Board meeting was 3-2 to approve the purchase. Vice Chairman Adams felt that whether the School District participates or not, the County needs to move forward with a new complex, and Director Davis stated he would not purchase the 25 acres should the School District not join with the County. Chairman Macht recalled the County would only need about 5 acres. There was discussion on delaying approval and Chairman Macht asked if a deferral to next week would create a problem, and Director Davis advised that it would not, that they would still have time to do due diligence on this site by June 30, 1999. MARCH 9. 1999 78 THE MOTION WAS AMENDED, and the SECOND concurred, to leave the motion on the table, but to table the vote to next week. The Chairman CALLED THE QUESTION and the motion carried unanimously. The matter was TABLED. Brian Heady of Vero Beach asked to be heard advising that he had some information the Board should hear. County Attorney Vitunac counseled that once the Board had voted to table, there should be no further discussion. Chairman Macht asked Mr. Heady to be brief. Mr. Heady presented backup documents from the School Board's agenda. He believed there was publicly -owned property at the airport adjacent to the parcel under consideration. He questioned the advisability of buying privately -owned property for this purpose and taking it off the tax rolls. He also cautioned about getting into another relationship with the School District suggesting the Commissioners examine prior cooperative ventures with the School District. Chairman Macht advised Mr. Heady that the relationship with the School District has been cordial and continuing. He further advised that the County did not have the freedom to use the property at the airport to which Mr. Heady had referred and it was appropriate to purchase property for a joint use. Director Davis advised that the property to which Mr. Heady referred was old landfill property, and the Department of Environmental Protection has indicated the County cannot build on it. 11.H.1. PURCHASE WATERCADD HYDRAULIC MODELING SOFTWARE The Board reviewed a Memorandum of March 2, 1999: MARCH 9, 1999 79 BOOK 108 FAGE 0® BOOK 108 PAGE 601 DATE: MARCH 2, 1999 TO: ,TAMES E. CHANDLER COUNTY ADN NISTRATOR FROM: DONALD R. HUBBS, P.E. �—I ;; DIRECTOR OF UM TTY S PREPARED MICHAEL C. HOTCHKISS, P.E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTHM SERVICES SUBJECT: REQUEST TO PURCHASE WATERCADD HYDRAULIC MODELING SOFTWARE BACKGROUND The approved fiscal year 1998/1999 budget included purchase of a computer program for hydraulically modeling water distribution/wastewater collection systems. We are now requesting authorization to purchase the software package and acquire training for Utilities Department personnel. Presently, all hydraulic modeling is computed using a software program known as Kentucky Pipe. Viewing the model (or modification to the model due to changes in the system) requires coordinating a data file with a system nodal map. This is a very time consuming and awkward process that sometimes results in errors. At the time of purchase (around 1991), Kentucky Pipe was known to be the industry standard for hydraulic modeling. Since then several vendors have developed more "user friendly" software packages that utilize graphical features for developing and viewing models. These modern software programs also allow hydraulic models to be developed by exporting GIS shape files. Two of the most popular programs that offer the newest technologies are WaterCadd and H2ONet. WaterCadd uses an object-oriented architecture, which allows the user to edit design parameters by clicking and dragging graphical objects with a mouse. H2ONet allows graphical modifications through the AutoCadd commands. County staff questioned several engineering consulting firms, as well as other municipal utility departments (Palm Beach County, Seacoast Utilities, Town of Jupiter, etc.) on their experience with the available software packages. The consensus was that the two software packages reviewed were basically comparable. The County's master -planning consultant, Brown and Caldwell, surveyed engineers throughout their organization for a preference between the two modeling programs. In general their opinion was that H2ONet was more suitable for the researcher while WaterCadd was easier to use. In addition, WaterCadd received the "Editors' Choice" award from Cadence magazine, a well - noted journal that evaluates computer aided design software. Based on the above, WaterCadd was chosen over H2ONet due to the simplicity of operation and the quick -edit features. MARCH 9,1999 80 • C: ANALYSIS The price of hydraulic modeling programs (along with training) reviewed by the County is as follows (see attached cost estimates from vendors): WaterCadd 2 user license -2,000 pipe limit MONO 2 user license -2,000 pipe limit $7,745.00 $7,227.80 It should be noted that Kentucky Pipe is in the process of developing a new version of their hydraulic modeling software for considerably less money than the other two -referenced programs. However, their GIS exporting features are in the early stages of development and have not been tested. Even though the H2ONet purchase price is less than WaterCadd, H2ONet runs inside another program called AutoCadd. The AutoCadd platform costs an additional $3,500.00 which would bring the total cost of the software package to $10,727.00 for any user which is not currently licensed to run AutoCadd. The WaterCadd price also includes water quality training for one student in addition to training for developing hydraulic models for two students. It should further be noted that H2ONet also requires a $1,000 annual contract per user after the first year of ownership for support maintenance, while the WaterCadd price includes free lifetime technical and engineering support. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commission authorize the Department of Utility Services to purchase WaterCadd hydraulic modeling software . and schedule training for use of, as presented ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Tippin, the Board unanimously authorized the Department of Utility Services to purchase WaterCadd hydraulic modeling software and schedule training for its use, as recommended in the Memorandum. 11.H.2. UTILITY CHLORINATION SYSTEM IMPROVEMENTS - CAMP DRESSER AND WKEE. INC. -WORK AUTHORIZATION NO. 9 The Board reviewed a Memorandum of February 24, 1999: MARCH 9, 1999 81 BOOK 103 PAGE 602 Fr -1 BOOK 103 PAGE 60 DATE: FEBRUARY 24, 1999 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS, �yEDIRECTOR OFUTII.ITES PREPARED AND GENE A. RAUTH (aAx- STAFFED BY: OPERATIONS MANAGER SUBJECT: UTILITY CHLORINATION SYSTEM IMPROVEMENTS BACKGROUND and ANALYSIS On December 22, 1998, the Board of County Commissioners considered an agenda item for the above -referenced subject. During that meeting the Board approved stars recommendation to develop a work authorization with the County's water consultant, Camp Dresser and McKee, Inc. for disinfection system analysis (see attached agenda item). The enclosed Work authorization No. 9, with Camp Dresser and McKee, Inc. in the amount of $8800.00, will provide analysis of alternative disinfection systems or additions of potential safety measures for the North and South County Reverse Osmosis Water Treatment Plants. (see attached work authorization). This analysis is required for compliance, with the regulatory requirement that all facilities affected by the Accidental Release Prevention (ARP) program prepare and submit a Risk Management Plan (RMP) no later than June 21, 1999. As presented to the Board, the staff of the Department of Utility Services is now returning to the Board with the appropriate work authorization for water plant RMP analysis. If approved by the Board, the scheduled completion date for work authorization No. 9 is April 1, 1999. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Work Authorization No. 9 with Camp, Dresser and McKee Inc., in the amount of $8,800.00 as presented. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved Work Authorization No. 9 with Camp Dresser and McKee, Inc. in the amount of $8,800, as recommended in the Memorandum. MARCH 9, 1999 WORK AUTHORVATION IS ON FILE IN THE OFFICE OF THE CLERK TO TBE BOARD 82 I I.H.3. LIFT STATION REHABILITATION - TREASURE COAST CONTRACTING - FINAL CHANGE ORDER AND PAY REQUEST The Board reviewed a Memorandum of February 24, 1999: DATE: FEBRUARY 24, 1999 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: — DONALD R HUBBS, F.E. -- H DIRECTOR OF UTILITY S PREPARED AND GENE A. RAUTH F�- STAFFED BY: OPERATIONS MANAGER SUBJECT: LIFT STATION REHABILITATION FINAL CHANGE ORDER & PAY REQUEST INDIAN RIVER COUNTY PROJECT NO. US -97 -21 -CS BACKGROUND On September 10, 1996 the Board of County Commissioners approved the 96/97 Fiscal Year Budget which included the rehabilitation of six wastewater lift stations. 1. #131, Vista #1 2. #192, Sebastian #2 3. #180, Sebastian Middle School Main 4. #132, Vista Gardens 5. #166, County Road 512 6. #19, Landfill Main On September 9, 1997, the Board of County Commissioners approved and awarded Bid #7062, with the exception of item number 6, lift station #19 Landfill Main, to Treasure Coast Contracting in the amount of $59,345.00. On November 18, 1997, the Board of County Commissioners approved a contract with Treasure Coast Contracting for the rehabilitation of 5 lift stations, in the amount of $59,345.00. 1. #131, Vista #1 2. #192, Sebastian #2 3. #180, Sebastian Middle School Main 4. #132, Vista Gardens 5. #166, County Road 512 The project is now complete and the County is prepared to make final payment to Treasure Coast Contracting. ANALYSIS The original awarded contract amount was $59,345.00. Due to pre-existing field conditions of the five lift stations, prior to refurbishment, additions to the contract in the MARCH 9, 1999 83 � BOOK 08 F -AGE 604 BOOK 103 FACE amount of $4,000.00 were required. These additions were for replacement of lift station lids and various piping improvements not originally anticipated in the 96/97 fiscal year budget. Approval of the above outlined change will result in a revised contract amount of $63,345.00. Funding for this project is from Account No. 471-000-169-469.00. The contractor has been received partial payment in the amount of $53,410.50 and is now requesting final payment in the amount of $9,934.50. $59,344.50 Original Bid Amount +$ 4,000.00 Change Order Amount -$53.410.00 Partial Payment to Contractor $ 9,934.50 Final Payment to Contractor $63,345.00 Construction Contract Total RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approved the attached change order, approve final payment to Treasure Coast Contracting in the amount of $9,934.50 and authorize Chairman to execute same as submitted. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Grin, the Board unanimously approved change order and final payment to Treasure Coast Contracting in the amount of $9,934.50 and authorized the Chairman to execute same, as recommended in the Memorandum. CHANGE ORDER AND FINAL PAY REQUEST w1I.L BE PLACED ON FILE IN THE OFFICE OF TBE CLERK TO THE BOARD WHIId EXECUTED AND RECEIVED B.A. CHAIRMAN MACHT - Y2K PHENOMENON COMMENT - APPOINTED TO WORK WITH STAFF ON Y2K COMPLIANCE Chairman Macht hoped the Commissioners had an opportunity to read the materials he had distributed from the conference he recently attended. As just a small sample of what the County faces, he advised that he has determined it will cost $185,000 to bring the Library's computer system to Y2K compliance (hardware and software). Having gone to the conference and having worked with staff, he asked their concurrence that he be the "point -man" in dealing with staff on Y2K matters. There was CONCURRENCE among the Commissioners that Chairman Macht work with staff on Y2K matters. MARCH 9, 1999 84 9 . 0 • • U.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the meeting the Board would reconvene sitting as the Board of Commissioners for the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no fiurther business, upon motion duly made and seconded, the Chairman adjourned the meeting at 11:39 a.m. ATTEST: Jeffrey arton, Clerk Minutes approved+�w:�� MARCH 9, 1999 85 BOOK M PAGE 606