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HomeMy WebLinkAbout3/20/2001 (2)MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA TUESDAY, MARCH 20, 2001 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 (4OUNTY COMMISSIONERS Caroline D. Ginn, Chairman District 5 Ruth M. Stanbridge, Vice Chairman District 2 Fran B. Adams Kenneth R. Macht John W. Tippin District 1 District 3 District 4 James E Chandler, County Administrator Paul G. Bangel, County Attorney Kimberly Massung, Executive Aide to BCC Jeffrey K. Barton, Clerk to the Board CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE Comm. Ruth M. Stanbridge ADDITIONS/DELETIONS to the AGENDA/EMERGENCY ITEMS BACKUP PAGES ADDITIONS: 7.L. Proclamation and Retirement Award Honoring William A. Green on his Retirement effective March 22 2001 13.A. Appointment of Chairman to serve on Cultural Council board PROCLAMATION and PRESENTATIONS Presentation of Proclarna.tion Def3ign.ating March 18 --24, 2001 as National Visiting Nurse Association Week in Indian River County APPROVAL OF MINUTES None CONSENT AGENDA A. Received & Placed on File ire Office of Clark the Board: Report of Convictions, February, 2101 Approval of Warrants (memorandum dated March 8, 2001) EK 1 1 7 PG 14 6 2 CONSENT AGENDA (cont'd.): C. Proclamation Designating March 21, 2001 as Retired Senior Volunteer Program Day in Indian River County D. Sheriff's Department: COPS MORE 2001 Grant Application (Letter dated March 9, 2001) BACKUP PAGES Appointment to the Indian River County Extension Advisory Council (memorandum dated March 12, 2001) Notification from the Indian River County Hospital District of their Appointment to the Council of Public Officials (COPO) (memorandum dated March 8, 2001) Board approval of Florida Communities Trust Cost -Share Agreement Extensions / Addenda for: Oslo River -front South; North Sebastian C.A. Addition; and Wabasso Scrub C.A. Addition LAAC Sites (memorandum dated March 14, 2001) John Marcheso Request for Partial Release of Easement at 1971 West Cayman Road (Summerplace Sub Unit 4) (memorandum dated March 12, 2001) Sheriff Out -of -County Prisoner Revenue, Budget Amend- ment 016 (memorandum dated March 14, 2001) Marathon Ashland Petroleum Request for Release of Easement at 9009 20th Street (memorandum dated March 12, 2001) Miscellaneous Budget Amendment 015 (memorandum dated March 14, 2001) CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None • • 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FOLLOWING CHAPTER OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 911, ZONING; AND PROVID- ING FOR REPEAL OF CONFLICTING PRO- VISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE LDR Amendment North Barrier Island Corridor Special Regulations (Legislative) (memorandum dated March 7, 2001) 2. Smigiel Partners XII Limited, Inc.'s Request to Modify the P.D. Plan and Recreation Tract Area Condition of P.D. Approval for the Legend Lakes P.D. Plan Approval (Legislative) (memorandum dated March 9, 2001) 3. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ±1 ACRE LOCATED AT 1000 OLD DIXIE HIGHWAY, FROM IG, GENERAL INDUSTRIAL DISTRICT, TO CH, HEAVY COMMERCIAL DISTRICT; AND DESCRIBED HEREIN AND PROVIDING SEVERABILITY AND EFFECTIVE DATE Marcus L Cutrone's Request to Rezone ±1 Acre from IG to CH (Quasi -Judicial) (memorandum dated March 5, 2001) 4. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNA- TION FOR ±180 ACRES LOCATED AT THE NORTH- EAST CORNER OF 85TH STREET AND 90TH AVENUE, FROM R, RURAL RESIDENTIAL (UP TO 1 UNIT/ ACRE), TO L-1, LOW-DENSITY RESIDENTIAL -1 (UP TO 3 UNITS/ACP.E); AND PROVIDING SEVER- ABILITY AND EFFECTIVE DATE Yukon Land Corporation and Daniel L Spencer's Request to Amend the Comprehensive Plan to Redesig- nate ±180 acres from R to L-1 and to rezone those ±180 acres from A-1 to RS -3 (Legislative) (memorandum dated March 5, 2001) B1(Ii7PG116L. • BACKLP PAGES 109-203 204-228 229-241 242-277 .74 9. PUBLIC ITEMS (cont'd.) A. PUBLIC HEARINGS (cont'd.) 5. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING FIGURE 4-13 OF THE TRANSPORTATION ELEMENT OF THE INDIAN RIVER COUNTY COMPREHENSIVE PLAN TO REMOVE 8151 STREET BETWEEN 58t1i AVENUE AND OLD DIXIE HIGHWAY; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE Red Stick Golf Club, Inc.'s Request to Amend Figure 4.13 of the Transportation Element of the Comprehen- sive Plan to Delete 8151 Street, Between 58th Avenue and Old Dixie Highway (Legislative) (memorandum dated March 5, 2001) 6. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN REGARDING AGRICULTURAL PLANNED DEVE- LOPMENTS; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE County Initiated Request to Amend The Future Land Use Element, The Coastal Management Element, The Potable Water Sub -Element, and the Sanitary Sewer Sub - Element of the County's Comprehensive Plan (Legislative) (memorandum dated March 9, 2001) 300-374 7 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF THE INDIAN RIVER COUNTY COMPRE- HENSIVE PLAN; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE (Legislative) (memorandum dated March 5, 2001) 375-394 BK P BACKUP PAGES 278-299 8. AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA AMEND- ING INDIAN RIVER COUNTY CODE SECTION 209.04 `DISPOSITION OF PROCEEDS", OF CODE CHAPTER 209, `LOCAL OPTION GAS TAX', TO CLARIFY LOCAL GOVERN- MENT REPORTING TIMEFRAMES• PROVIDING FOR CODI- FICATION; PROVIDING FOR SEVERABILITY; AND PRO- VIDING FOR AN EFFECTIVE DATE (memorandum dated March 12 2001) 395-400 PUBLIC ITEMS (cont'd.) B. PUBLIC DISCUSSION ITEMS BACKUP PAGES Request from Arnold Grobman to speak regarding the Indian River County Pay Plan & Classification Study 401 PUBLIC NOTICE ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development 1. Board Consideration of Proposed Informational Brochure about the County Environmental Lands Program (memorandum dated March 14, 2001) 402 405 Indian River County's Appeal of a Planning and Zoning Commission Denial of a Request for Night- time Use of the County Gun Range (memorandum dated March 12, 2001) Emergency Services None General Services None Leisure Services None 406-428 Office of Management and Budget None Personnel None Public Works Right -of -Way Acquisition 16th Street between 6e and 74th Avenues Street Paving and Drainage Improvements Marjorie L Bradley, Trustee (memorandum dated March 8, 2001) 429-439 11. DEPARTMENTAL MATTERS (cont'd.): H. Utilities Developer's Agreement with Margo Stanford (for water main replacement on 9th Place & 9`h Street between 6th Ave. and 7th Ave.) (memorandum dated January 30, 2001) Human Services None BACKUP PAGES 440-450 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman Caroline D. Ginn Vice Chairman Ruth M. Stanbridge 1. Updates (no backup provided) Permission to prepare Historic Preservation Grant for Old Winter Beach Elementary School (no backup provided) Commissioner Fran B. Adams Request for consultant from ESDAC (memorandum dated March 13, 2001) Commissioner Kenneth R. Macht Remarks about Affordable Housing (no backup provided) Commissioner John W. Tippin 14. SPECIAL DISTRICTSBOARDS A. Emergency Services District None Solid Waste Disposal District None Environmental Control Board 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 x1223 at least 48 hours in advance of meeting. Indian River County WebSite: http://bccl.co.indian-river.fl.us Full agenda back-up material is available for review in the Board of County Commission Office, Indian River County Main Library, IRC Courthouse Law Library, and North County Library Meeting may be broadcast live on AT & 7' Cable Channel 13 Rebroadcast continuously Thursday 1:00 p.m. until Friday morning and Saturday 12:00 noon until 5:00 p.m. Bl( 1 SPG 6 • INDEX TO MINUTES BOARD OF COUNTY COMMISSIONERS MEETING OF MARCH 20, 2001 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/14MERGENCY ITEMS 1 1 1 5.A. PROCLAMATION AND PRESENTATIONS - PROCLAMATION - NATIONAL VISITING NURSE ASSOCIATION WFEK - MARCH 18-24, 2001 2 6.A. APPROVAL OF MINUTES 3 7. CONSENT AGENDA 3 7.A. Reports 3 7 B Approval of Warrants 3 7.C. Proclamation Designating March 21, 2001 as Retired Senior Volunteer Program (RSVP) Day 12 7 D Sheriff's Department - COPS MORE 2001 Grant Application 13 7 E Appointment by Vice Chairman Stanbridge (District 2) of Glenn R. Schuessler to the Indian River County Extension Advisory Council 14 7.F. Notification from Indian River County Hospital District of their Appointment of Dr Burton Lee to the Council of Public Officials (COPO) 15 7.G. Florida Communities Trust Cost -Share Agreements - Oslo Riverfront South (Addendum 2), North Sebastian Conservation Area Addition (Addendum 3), and Wabasso Scrub Conservation Area Addition (Addendum 3) (LAAC) 15 7.H. Resolution No. 2001-026 - John Marcheso - Partial Release of Easement at 1971 West Cayman Road (Lot 6, Block 8, Summerplace Subdivision Unit 4) 17 7.I. Budget Amendment 016 - Sheriff Roy Raymond - Out -of -County Prisoner Revenue 22 1 BIC 1 17 PG 4 6 9 • 7.J. Resolution No. 2001-027 Marathon Ashland Petroleum - Release of Easement at 9009 20th Street (Indian River Farms Company Subdivision - Tract 9, Section 3, Township 33 South, Range 38 East) 25 7.K. Miscellaneous Budget Amendment 015 30 7 L Proclamation and Retirement Award to William A. Green on His Retirement from Public Works Department, Road and Bridge Division . 46 9.A.1. PUBLIC HEARING - ORDINANCE NO. 2001-003 - LAND DEVELOPMENT REGULATION (LDR) AMENDMENT - NORTH BARRIER ISLAND CORRIDOR SPECIAL REGULATIONS -ADOPTION AND APPOINTMENTS TO NORTH BARRIER ISLAND CORRIDOR ON-GOING REVIEW COMMITTEE (BILL GLYNN, ERNIE POLVERARI, AND BILL JOHNSON) (Legislative) 49 9.A.2. PUBLIC HEARING - SMIGIEL PARTNERS XII LIMITED, INC. - REQUEST TO MODIFY THE PD PLAN AND RECREATION TRACT AREA CONDITION OF PD APPROVAL - LEGEND LAKES PD PLAN APPROVAL (Legislative) 90 9.A.3. PUBLIC HEARING - ORDINANCE NO. 2001-004 - MARCUS L CUTRONE'S REQUEST TO REZONE +1 ACRE AT 1000 OLD DIXIE HIGHWAY FROM IG TO CH (Quasi -Judicial) 94 9.A.4. YUKON LAND CORPORATION AND DANIEL L SPENCER'S REQUEST TO AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE 1 180 ACRES FROM RTO L-1 AND TO REZONE THOSE ±180 ACRES FROM A-1 TO RS -3 (NOT APPROVED) (Legislative) 102 9.A.5. PUBLIC HEARING - ORDINANCE NO. 2001-005 - RED STICK GOLF CLUB, INC. - AMEND FIGURE 4-13 OF THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN TO REMOVE 81ST STREET, BETWEEN 58TH AVENUE AND OLD DIXIE HIGHWAY (Legislative) 115 9.A.6. PUBLIC HEARING - ORDINANCE NOS. 2001-006, -007, -008, -009, -010 - COUNTY -INITIATED AMENDMENTS TO THE FUTURE LAND USE ELEMENT, THE COASTAL MANAGEMENT ELEMENT, THE POTABLE WATER SUB -ELEMENT, AND THE SANITARY SEWER SUB -ELEMENT OF THE COMPREHENSIVE PLAN (AG PDS, CARIBBEAN FRUIT FLY HOST PLANTS, CLARIFY FUTURE LAND USE MAP, UTILITY SERVICES TO AG PDS, POST -DISASTER RECOVERY & REDEVELOPMENT) (I egislatk e) 126 2 • 9.A.7. PUBLIC HEARING - ORDINANCE NO. 2001-011 - COUNTY -INITIATED REQUEST TO UPDATE THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN (Legislative) 159 9.A.8 PUBLIC HEARING - ORDINANCE NO. 2001-012 AMENDING THE "LOCAL OPTION GAS TAX" ORDINANCE 167 9.B. PUBLIC DISCUSSION ITEM - ARNOLD GROBMAN TO SPEAK REGARDING THE INDIAN RIVER COUNTY PAY PLAN AND CLASSIFICATION STUDY (CODY & ASSOCIATES) 177 11.A.1. 11.A.2. PROPOSED INFORMATIONAL BROCHURE CONCERNING THE ENVIRONMENTAL LANDS ACQUISITION PROGRAM (LAAC) . 180 INDIAN RIVER COUNTY - APPEAL OF A PLANNING AND ZONING COMMISSION DENIAL OF A REQUEST FOR NIGHTTIME USE OF THE COUNTY GUN RANGE 185 11.G. RIGHT-OF-WAY ACQUISITION - PAVING AND DRAINAGE IMPROVEMENTS/PROJECT NO. 9920 - 16TH STREET BETWEEN 66TH AND 74TH AVENUES - MARJORIE L BRADLEY, TRUSTEE 190 11.H. DEVELOPER'S AGREEMENT WITH MARGO STANFORD FOR WATER MAIN REPLACEMENT ON 9TH PLACE AND 9TH STREET BETWEEN 6TH AND 7TH AVENUES 191 13.A. CHAIRMAN GINN - CULTURAL COUNCIL REQUEST FOR REPRESENTATIVE OF BOARD OF COUNTY COMMISSIONERS - CHAIRMAN TO SERVE 193 13 B 1 VICE CHAIRMAN STANBRIDGE - UPDATES 194 13 B 2 VICE CHAIRMAN STANBRIDGE - PERMISSION GRANTED TO PREPARE HISTORIC PRESERVATION GRANT FOR OLD WINTER BEACH ELEMENTARY SCHOOL 194 13.C. COMMISSIONER ADAMS - REQUEST FOR OUTSIDE CONSULTANT TO EVALUATE EMERGENCY SERVICES (FIREFIGHTERS AND PARAMEDICS) LEVEL OF SERVICE FROM ESDAC (EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE) 195 3 BKII7PG 47I • 19d!)18g 13.D. COMMISSIONER MACHT - REMARKS ABOUT AFFORDABLE HOUSING 14.A. EMERGENCY SERVICES DISTRICT 197 14.B. SOLID WASTE DISPOSAL DISTRICT 197 14 C ENVIRONMENTAL CONTROL BOARD 197 • • March 20, 2001 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street. Vero Beach, Florida. on Tuesday, March 20, 2001. Present were Caroline D. Ginn. Chairman; Ruth Stanbridge. Vice Chairman; Fran B. Adams, Kenneth R. Macht; and John W. Tippin. Also present were James E Chandler, County Administrator; Paul G. Bangel, County Attorney; and Patricia 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 Vice Chairman Stanbridge led the Pledge to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Ginn announced the following additions to the agenda 7 L , Proclamation and Retirement Award Honoring William A. Green (Road & Bridge Division); and 13.A., Appointment to Cultural Council Board. March 20, 2001 1 BK Ii/►PG1473 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Stanbridge, the Board unanimously made the above additions to the agenda. 5.A. PROCLAMATION AND PRESENTATIONS - PROCLAMATION - NATIONAL VISITING NURSE ASSOCIATION WEEK - MARCH 18- 24, 2001 Chairman Ginn read the following proclamation and presented it to Carol Kanarek, who accepted it with thanks on behalf of the Visiting Nurse Association. PROCLAMATION DESIGNATING MARCH 18 THROUGH 24, 2001 AS NATIONAL VISITING NURSE ASSOCIATION WEEK Whereas, the Visiting Nurse Association (VNA) of the Treasure Coast has, for more than 25 years, brought specialized care to homes throughout Indian River County, enabling patients to shorten their hospital stays, speed their recovery and maintain their independence; and Whereas, the VNA of the Treasure Coast was the first home health agency in Indian River County and continues to be the area's only non-profit home health and hospice agency; and Whereas, the VNA of the Treasure Coast is accredited with commendation by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) which recognizes the agency's staff and volunteers with JCAHO's highest level of accreditation, signifying exemplary performance in meeting national quality standards; and Whereas, the VNA of the Treasure Coast has grown, and continues to grow, to meet the needs of its patients by bnnging IV therapy and high-tech care to homes as early as 1986; incorporating into the agency the county's only licensed Hospice care program in 1987; initiating Health Care on Wheels, the mobile unit serving residents in every comer of the county, in 1992; and building, equipping and endowing Indian River County's first hospice house for terminally ill patients, which opened in May 2000; and Whereas, the VNA of the Treasure Coast is one of Indian River County's largest employers, consisting of more than 300 registered nurses, home health aides, therapists, administrative staff, health care outreach employees, social workers, and bereavement counselors; and Whereas, increased public awareness and understanding of home and hospice care will serve to strengthen the services available throughout the community and will help ensure that such emotionally supportive, cost-effective alternatives are available to all citizens. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that March 18 through 24, 2001, be officially observed as NATIONAL VISITING NURSE ASSOCIATION WEEK March 20, 2001 2 BK Iii PG 147 L, • in Indian River County, and encourage the support and participation of all citizens in leaming more about the critical need forhome health care and hospice services in our community. Adopted this 20th day of March, 2001. 0 • V /• 4 6.A. APPROVAL OF MINUTES None. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Caroline D. Ginn, Chairma 7. CONSENT AGENDA 7.A. Reports Received and placed on file in the office of the Clerk to the Board Report of Convictions. February 2001 7.B. Approval of Warrants The Board reviewed a Memorandum of March 8, 2000: March 20, 2001 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: MARCH 8, 2001 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. 3 8K 1 1 7 PG 'r 7 5 • Approval is requested for the attached List of warrants, issued by the Clerk to the Board, for the time period of March 1, 2001 to March 8, 2001. Attachment: ON MOTION by Vice Chairman Stanbridge, SECONDED BY Commissioner Tippin, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period March 1-8, 2001, as requested. CHECK NUMBER O 021050 O 021051 0021052 0021053 O 021054 0021055 O 021056 0021057 0021058 O 021059 0021060 O 021061 0021062 O 021063 0021064 O 021065 0298395 O 298396 O 298397 0298398 O 298399 O 298400 O 298401 O 298402 O 298403 O 298404 O 298405 O 298406 O 298407 O 298408 O 298409 O 298410 O 298411 0298412 O 298413 O 298414 O 298415 0298416 O 298417 NAME AETNA LIFE INSURANCE AND FLORIDA RETIREMENT SYSTEM KRUCZKIEWICZ, LORIANE BUREAU FOR CHILD SUPPORT ENFOR IRS - ACS CHAPTER 13 TRUSTEE VERO BEACH FIREFIGHTERS ASSOC. INDIAN RIVER FEDERAL CREDIT COLONIAL LIFE & ACCIDENT NACO/SOUTHEAST SALEM TRUST COMPANY WISCONSIN SUPPORT COLLECTIONS SAN DIEGO COUNTY OFFICE OF THE FL SDU AMERICAN FAMILY LIFE ASSURANCE AMERICAN DENTAL PLAN (FLORIDA) ALLIED UNIVERSAL CORP ALPHA ACE HARDWARE AMERICAN CONCRETE INDUSTRIES, APPLE INDUSTRIAL SUPPLY CO APPLE MACHINE & SUPPLY CO AUTO SUPPLY CO OF VERO BEACH, AWARD COMPANY OF AMERICA ABS PUMPS, INC ALTIERI, DR JOSEPH J ALL FLORIDA COFFEE & BOTTLED A A ELECTRIC SE, INC A T & T WIRELESS SERVICES A T & T AGENCY FOR HEALTH CARE A V MEDIA SERVICE, INC AMERICAN LIBRARY ASSOC ALBERTSON'S AMERICAN LIBRARY ASSOCIATION ADVANCE MARKING SYSTEMS AUTO PARTS OF VERO, INC ARCHITECTS & DESIGNERS CLUB ARAMARK UNIFORM SERVICES APA March 20, 2001 PG X76 4 CHECK DATE 2001-03-01 2001-03-01 2001-03-01 2001-03-01 2001-03-01 2001-03-01 2001-03-01 2001-03-01 2001-03-01 2001-03-01 2001-03-01 2001-03-01 2001-03-01 2001-03-01 2001-03-07 2001-03-07 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 CHECK AMOUNT 1,041.04 265,589.34 138.50 115.38 50.00 664.73 2,540.00 79,621.76 213.83 9,151.56 443.36 23.08 120.92 7,585.84 162.86 1,074.18 2,663.76 83.21 1,370.00 1,947.09 129.39 602.09 197.00 1,629.32 300.00 59.90 95.58 36.25 314.81 25,103.87 544.73 35.65 299.29 195.00 27.05 1,309.18 179.76 6,290.17 135.00 • CHECK NUMBER O 298418 0298419 0298420 O 298421 O 298422 0298423 O 298424 O 298425 O 298426 O 298427 O 298428 O 298429 0298430 O 298431 0298432 O 298433 O 298434 0298435 0298436 O 298437 O 298438 O 298439 0298440 0298441 O 298442 O 298443 O 298444 O 298445 O 298446 O 298447 0298448 O 298449 0298450 O 298451 0298452 0298453 0298454 O 298455 O 298456 O 298457 O 298458 0298459 O 298460 O 298461 O 298462 O 298463 O 298464 O 298465 0298466 0298467 0298468 0298469 O 298470 0298471 0298472 O 298473 O 298474 O 298475 March 20, 2001 NAME A T & T AIR COMPRESSOR WORKS INC ABC PRINTING CO A T & T MEDIA SERVICES ABDO PUBLISHING CO ACTION WELDING SUPPLY INC AERC.COM, INC BAIRD, JOSEPH A BOARD OF COUNTY COMMISSIONERS BERNAN ASSOCIATES BILL'S TV SERVICE CENTER, INC BRAKE EDUCATIONAL MEDIA, INC BRUGNOLI, ROBERT J PHD BARTON, JEFFREY K -CLERK BARTON, JEFFREY K -CLERK BUDDE, GREGORY G BARTON, JEFFREY K BAKER & TAYLOR INC BRODART CO BLATUS, JAMES BOUYSSOU, STEPHANE H BOYNTON PUMP & IRRIGATION BEVERAGE STOP, THE BOOKS ON TAPE INC BAKER & TAYLOR ENTERTAINMENT BETROCK INFORMATION SYSTEMS, BELLSOUTH PUBLIC COMMUNICATION BMG BEST WESTERN FLORIDA MALL BRODEN, RICHARD W JR B IG KIDS PRODUCTIONS INC B IOCUBE, INC BELLSOUTH CAMERON & BARKLEY COMPANY CAMP, DRESSER & MCKEE, INC CHANDLER EQUIPMENT CO, INC CITRUS MOTEL COMMUNICATIONS INT'L INC CORBIN, SHIRLEY E CRAMER, CHARLES A CHEMSEARCH CHAMBER OF COMMERCE COASTAL REFINING & MARKETING CLINIC PHARMACY CHEMETRICS, INC CLAY'S ASPHALT MAINTENANCE,INC CHIVERS NORTH AMERICA CALLAWAY GOLF COMPANY CLEANNET USA CRITTENDEN GOLFINC CITY ELECTRIC SUPPLY CO COMPAQ COMPUTER CORP CORPORATION OF THE PRESIDENT CENTER FOR EMOTIONAL AND - COLUMBIA HOUSE CULTURAL COUNCIL OF INDIAN COACH AND ATHLETIC DIRECTOR CLEVELAND GOLF CO., INC. 5 CHECK DATE 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 CHECK AMOUNT 24.01 2,965.00 123.89 50.00 1,247.45 229.00 595.38 150.00 4,448.60 54.00 198.85 291.00 500.00 3,852.00 58.50 962.50 2,500.00 2,038.46 112.62 175.00 397.00 312.92 90.00 300.25 188.73 69.95 30.38 206.19 265.00 52.12 159.45 2,497.25 357.05 146.21 8,760.12 109.95 255.00 674.51 73.50 82.68 160.59 40,771.20 19,102.46 131.36 224.58 5,800.00 48.45 79.99 20,537.72 48.00 1,014.14 956.00 195.00 28.50 275.89 10,165.83 17.95 716.88 BK iPG 477 • CHECK NUMBER 0298476 O 298477 0298478 O 298479 O 298480 0298481 0298482 0298483 O 298484 O 298485 O 298486 O 298487 O 298488 O 298489 0298490 O 298491 0298492 O 298493 0298494 O 298495 O 298496 0298497 O 298498 O 298499 O 298500 O 298-501 O 298502 0298503 0298504 O 298505 0298506 O 298507 0298508 O 298509 O 298510 O 298511 0298512 0298513 O 298514 0298515 O 298516 O 298517 O 298518 O 298519 0298520 O 298521 0298522 0298523 O 298524 O 298525 O 298526 O 298527 O 298528 O 298529 O 298530 O 298531 O 298532 O 298533 O 298534 March 20, 2001 0I\ NAME CIBA SPECIALTY CHEMICALS CONTINENTAL SHELF ASSOC INC CAICE SOFTWARE CORPORATION CENTRAL LOCATING SERVICE, LTD CARLSBAD BAGS DEMCO INC DEPENDABLE DODGE, INC DICKERSON-FLORIDA, INC FLORIDA DEPARTMENT OF BUSINESS DON SMITH'S PAINT STORE, INC DUNLOP SLAZENGER CORP DATA SUPPLIES, INC FLORIDA DEPARTMENT OF DIVE RESCUE INT'L, INC DATA FLOW SYSTEMS, INC DEAF SERVICE CENTER OF THE DADE PAPER COMPANY DEPARTMENT OF ENVIRONMENTAL DOWNTOWN PRODUCE INC DANIEL KELL TELEPHONE DOUBLE TREE HOTEL DOCTORS' CLINIC DOLPHIN DATA PRODUCTS INC D IVINE SERVICE ENTERPRISES INC DMG-MAXIMUS INC E -Z BREW COFFEE SERVICE, INC ERRETT, NANCY EBSCO SUBSCRIPTION SERVICES E G P INC ELPEX, INC EXPEDITER INC, THE ENGINEERED CASTINGS, INC ELITE TITLE OF THE TREASURE EVERGLADES FARM FEDEX FISHER SCIENTIFIC FLORIDA BAR, THE FLORIDA EAST COAST RAILWAY CO FLORIDA ASSOCIATION OF FLORIDA COCA-COLA BOTTLING CO FLORIDA FIRE CHIEFS FLORIDA LIBRARY ASSOCIATION FLORIDA POWER & LIGHT COMPANY FLORIDA RURAL WATER FLORIDA WATER RESOURCES FIRE PROTECTION PUBLICATIONS FOOTJOY FLOWERS BAKING COMPANY OF FLORIDA CHAPTER INTERNATIONAL FLOW -TECHNOLOGY FLORIDA DEPARTMENT OF REVENUE FLORIDA LITERACY COLIATION,INC FLORIDA DEPARTMENT OF STATE FALZONE, KATHY FLORIDAFFINITY, INC FLORIDA DATABASE SYSTEMS, INC FLORIDA GAME & FISH COMMISSION F & W PUBLICATIONS INC FACTS ON FILE INC PG 1478 6 CHECK DATE 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 CHECK AMOUNT 7,779.24 33,000.00 1,000.00 591.00 77.00 72.35. 37.73 1,041.39 58.46 569.56 2,136.46 799.65 500.00 350.98 1,704.60 625.00 533.85 75.00 197.55 150.00 250.00 2,745.00 97.30 295.00 5,000.00 60.00 6.00 4.90 371.00 398.18 30.22 2,356.00 10,000.00 1,127.31 16.26 134.49 210.00 150.00 198.50 333.45 50.00 427.00 42,848.80 25.00 266.70 30.00 2,383.16 244.88 150.00 188.23 58.04 40.00 100.00 58.30 5,176.50 8,800.00 14.97 17.21 212.50 • CHECK NUMBER O 298535 0298536 O 298537 O 298538 0298539 O 298540 0298541 0298542 0298543 O 298544 0298545 O 298546 0298547 0298548 0298549 O 298550 0298551 029855 O 29855 029855 029855 O 298556 O 298557 0298558 0298559 O 298560 0298561 0298562 0298563 0298564 0298565 0298566 0298567 0298568 0298569 0298570 0298571 0298572 0298573 0298574 0298575 O 298576 O 298577 0298578 0298579 0298580 0298581 0298582 0298583 0298584 0298585 0298586 0298587 0298588 0298589 0298590 0298591 0298592 J 0298593 NAME FREIGHTLINER TRUCKS OF SOUTH FIRSTLAB FRANK'S HANG-UP FULLER, APRIL L FLORIDA HEALTHY KIDS CORP FIRST UNION FLORIDA ASSOC OF CNTY SOCIAL GALE GROUP, THE GATOR LUMBER COMPANY GAYLORD BROTHERS, INC GENERAL GMC, TRUCK GOODKNIGHT LAWN EQUIPMENT, INC GRAYBAR ELECTRIC CO INC GROLIER PUBLISHING COMPANY GREYHOUND LINES, INC. GOODYEAR AUTO SERVICE CENTER GINN, CAROLINE D 2 GORMAN PAT 3 GORDONS ART REFERENCE INC 4 GALE INSULATION 5 GORHAM, JONATHAN GOUGE, AIMEE GUTTER KING GULLETT, WILLIAM AND GREENHAVEN PRESS INC HAMMOND & SMITH, P A HARBOR BRANCH OCEANOGRAPH, INC HARRIS SANITATION, INC HUNTER AUTO SUPPLIES HYATT ORLANDO HELD, PATRICIA BARGO HAESTAD METHODS HACH COMPANY HILL MANUFACTURING HIGHLANDS ANIMAL HOSPITAL HALLIDAY, TODD HOGE, WENDY HAFNER, TROY HARTSFIELD, KAREN K HERLAN, KAYLA INDIAN RIVER COUNTY INDIAN RIVER BATTERY, INC INDIAN RIVER BLUEPRINT CO INC INDIAN RIVER COUNTY UTILITY INGRAM LIBRARY SERVICES INDIAN RIVER CONTRACTING CORP INFORMATION PUBLICATIONS INDIAN RIVER COUNTY INVESTIGATIVE SUPPORT IBM CORPORATION INDIAN RIVER ALL -FAB, INC INDIANA CASH DRAWER CO IVEY, RACHEL INDIAN RIVER COUNTY SHERIFF'S INTERMEDIA COMMUNICATIONS IPC/MAGNUM IRRIGATION CONSULTANTS UNLIMIT ANET'S AUTO TRIM & GLASS CARLSON, JOYCE M JOHNSTON March 20, 2001 7 CHECK DATE 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 O 01-03-08 O 01-03-08 O 01-03-08 O 01-03-08 001-03-08 O 01-03-08 O 01-03-08 O 01-03-08 O 01-03-08 001-03-08 001-03-08 001-03-08 O 1-03-08 O 1-03-08 O 1-03-08 O 1-03-08 01-03-08 O 1-03-08 O 1-03-08 O 1-03-08 01-03-08 O 1-03-08 2 2 2 2 2 2 2 2 2 2 2 2 20 20 20 20 20 20 20 20 20 20 BKI CHECK AMOUNT 43.40 182._C 53.96 63.08 2,083.33 8,863.19 70.00 2,332.16 26.89 578.03 300.81 78.57 143.14 224.72 198.00 437.74 304.84 250.00 202.00 219.00 110.66 154.50 1,830.00 90.00 18.66 18,850.00 52.50 52_.38 62.52 112.00 73.50 95.00 12,220.60 122.67 15.00 10,895.00 78.68 21,169.00 56.00 113.31 75.00 772.50 169.29 2,731.93 16.72 4,998.45 84.00 9,898.10 400.00 47.00 443.62 117.51 6.00 350.00 53.28 50.00 65.99 200.00 90.06 7 PG 1479 • CHECK NUMBER 029859 029859 029859 029859 029859 029859 029860 029860 029860 029860 029860 029860 029860 029860 029860 029860 0298610 0298611 0298612 0298613 0298614 0298615 0298616 0298617 0298618 O 298619 0298620 0298621 O 298622 0298623 0298624 0298625 O 298626 0298627 O 298628 O 298629 O 298630 O 298631 0298632 298633 298634 298635 298636 298637 298638 298639 298640 298641 298642 298643 298644 298645 98646 98647 98648 98649 98650 NAME 4 JANITORIAL DEPOT OF AMERICA 5 JOHNSON CONTROLS INC 6 JIM WALTERS HOMES 7 JENNINGS, ANTOINE 8 JEROME, CRAIG P. 9 JLT INSURANCE SERVICES 0 JONES, RANDY 1 JONES CHEMICALS, INC 2 POWELL, MARY D 3 KELLY TRACTOR CO 4 KING REPORTING SERVICE, INC 5 K & M ELECTRIC SUPPLY INC 6 KELLER, JENAE 7 KELLY, MICHAEL 8 KENDALL, WILLIAM L AND 9 LONG, JAMES T ESQUIRE LAB SAFETY SUPPLY, INC LOWE'S COMPANIES, INC. LEWIS, RUTH A L B SMITH, INC LIGHT SOURCE BUSINESS SYSTEMS LOPRESTI, ETTA LESCO, INC LOWE'S COMPANIES, INC LOISLAW COM INC MACMILLAN OIL COMPANY MARSHALL CAVENDISH CORP MILNER DOCUMENT PRODUCTS MUNICIPAL SUPPLY & MARTIN'S LAMAR UNIFORMS MICRO WAREHOUSE MEDICAL RECORD SERVICES, INC MORNINGSTAR, INC MCMASTER-CARR SUPPLY COMPANY MORA, CHRISTOPHER R MIDWEST TAPE EXCHANGE MTW ROOFING COMPANY MARC INDUSTRIES MURPHY, DEBBIE 0 METTLER-TOLEDO 0 MCGRIFF, APRIL 0 NOLTE, DAVID C 0 NEW HORIZONS OF THE O NATIONAL GEOGRAPHIC O NAPIER, WILLIAM M O NORTHERN SAFETY COMPANY O NU CO 2, INC O NIKE USA, INC O NEST FAMILY O NICHOLS, KRISTIN 0 NEWSTAR MEDIA, INC O OFFICE PRODUCTS & O 2 OXMOOR HOUSE 02 ON IT'S WAY 02 OXFORD UNIVERSITY PRESS 02 OFFICE DEPOT, INC 02 ODOM WILLIAM FLORIDA, INC TREASURE VIDEO SERVICE March 20, 2001 BIS EVERETT 8 CHECK DATE 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 CHECK AMOUNT 462.71 650.00 16.47 360.00 150.00 1,100.00 200.00 2,513.82 133.98 30.76 143.25 63.60 37.33 125.00 14.82 10,800.00 319.36 2,225.42 48.60 3,118.37 184.99 6.00 544.21 124.68 1,348.00 4,413.92 445.15 470.79 1,902.50 8,223.35 265.62 17.76 495.00 447.44 94.60 73.48 3,336.00 351.33 147.00 422.00 460.92 2,200.00 3,159.29 23.70 38.86 195.53 91.73 1,509.12 507.15 22.53 31.86 1,214.26 14.44 938.75 52.70 806.68 54.07 • • CHECK NUMBER 0298651 0298652- 0298653 C298654 O 298655 O 298656 O 298657 O 298658 0298659 O 298660 0298661 O 298662 O 298663 O 298664 O 298665 O 298666 0298667 NAME PEPSI -COLA COMPANY PETTY CASH PETRILLA, FRED J, PHD POSTMASTER PAVCO CONSTRUCTION, INC PARKS RENTAL PRECISION CONTRACTING PRESS JOURNAL PALM AIRE & ELECTRIC PARK, LYNN PING, INC POWERPLAN PLAZA RESORT AND SPA QUALITY BOOKS, INC RINGHAVER RYAN, STEPHEN R ROBINSON EQUIPMENT COMPANY,INC O 298668 REGO, THOMAS A O 298669 RECORDED BOOKS, LLC 0298670 R & G SOD FARMS O 298671 REXEL CONSOLIDATED O 298672 ROGER DEAN CHEVROLET O 298673 RHINEHART, VALERIE 0298674 SCOTT'S SPORTING GOODS O 298675 SEBASTIAN VOLUNTEER FIRE DEPT 0298676 SEWELL HARDWARE CO, INC 0298677 SOUTHERN EAGLE DISTRIBUTING, 0298678 STURGIS LUMBER & PLYWOOD CO 0298679 SUN COAST WELDING SUPPLIES INC 0298680 SUNSHINE PHYSICAL THERAPY 0298681 SCHOOL DISTRICT OF IRC O 298682 SUBSTANCE ABUSE COUNCIL O 298683 SUN BELT MEDICAL SUPPLY, INC 0298684 SOLINET 0298685 SUPERIOR PRINTING O 298686 SAFECO, INC O 298687 SYSCO FOOD SERVICES OF 0298688 SOUTH FLORIDA TRANE 0298689 SEBASTIAN, CITY OF O 298690 SNOBERGER, RUTH ANN 0298691 STEVENS PRINTING 0298692 SOUTHEASTERN EMERGENCY EQUIP 0298693 SMITH, VICKY 0298694 SAFETY PRODUCTS INC O 298695 STAGE & SCREEN O 298696 SUN VIEWS 0298697 SUNCOAST COUNSELING & 0298698 SEBASTIAN OFFICE SUPPLY O 298699 SANDOVAL, ERIC S 0298700 SMYTH SYSTEMS 0298701 SOUTHWICK HOUSE 0298702 SHELL CREDIT CARD CENTER O 298703 SAVE THE MOMENT O 298704 SMITH, CAROL O 298705 TEN -8 FIRE EQUIPMENT, INC 0298706 TITLEIST 0298707 SMITH, TERRY L 0298708 TARGET STORE March 20, 2001 9 CHECK DATE 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-06 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 CHECK AMOUNT 275.00 43.61 500.00 15,000.00 6,300.00 333.3E 2,145.00 122.00 410.00 173.58 699.71 67.97 84.00 142.84 607.75 31.25 144.28 83.15 632.80 255.00 101.13 47.08 810.90 238.90 7,000.00 50.38 816.30 1,179.21 328.05 135.00 833.75 11,896.19 518.60 457.72 1,934.10 476.00 505.50 2,968.75 6,836.64 46.60 184.00 340.73 88.00 24.95 38.99 124.15 2,175.00 85.96 154.50 613.40 18.45 40.23 82.00 168.00 1,608.75 374.64 97.21 337.88 BK ' 7 PG 1481 CHECK NAME NUMBER O 298709 TREASURE COAST BRANCH APWA 0298710 TELECOMMUNICATIONS BOOK CLUB 0298711 TREASURE COAST NEWSPAPERS 0298712 USA TODAY 0298713 UNIVERSITY OF CENTRAL FLORIDA O 298714 US TOY CO/CONSTRUCTIVE PLAY - 0298715 US FILTER DISTRIBUTION GROUP O 298716 VELDE FORD, INC O 298717 VERO BEACH, CITY OF 0298718 VERO BEACH, CITY OF 0298719 VERO CHEMICAL DISTRIBUTORS,INC O 298720 VERO LAWNMOWER CENTER, INC O 298721 VILLAGE ANIMAL CLINIC O 298722 VERO MARINE CENTER, INC 0298723 VERO BEACH, CITY OF O 298724 VERO BEACH POLICE DEPARTMENT 0298725 VERO BEARING & BOLT 0298726 VETERANS COUNCIL OF INDIAN O 298727 VASILAS, DARCY 0298728 WAL-MART STORES, INC O 298729 WALSH, LYNN 0298730 WOLSTENHOLME, SHIRLEY O 298731 WILLHOFF, PATSY 0298732 WILLIAM THIES & SONS, INC 0298733 WHEELER PUBLISHING, INC O 298734 WORKERS COMPENSATION SEMINARS O 298735 WEST GROUP PAYMENT CTR 0298736 XEROX CORPORATION 0298737 XEROX CORP 0298738 ZIEGLER, MICHAEL R O 298739 ZEPHYRHILLS NATURAL SPRING O 298740 BROOKE, SAMUEL O 298741 SYBIL INVESTMENTS 0298742 PROCTOR CONST 0298743 MGB CONST O 298744 ED SCHLITT INC 0298745 CROOM CONST 0298746 BARTH CONST 0298747 KINGSLEY, PATRICIA 0298748 CHANNING CORP O 298749 BAROT, BHASKAR O 298750 BROOKS, HAROLD JR 0298751 PIGOTT, MICHAEL O 298752 0298753 0298754 O 298755 O 298756 0298757 O 298758 O 298759 O 298760 0298761 O 298762 O 298763 O 298764 O 298765 0298766 March 20, 2001 BK RICHTON, TERRELL, DOHERTY, HARRY WILLIS CONOR JACOBS, RANDALL D RIGHTON, HARRY MOORE, AQUILA BURGOON BERGER CONST CO CHEEK, CALDWELL B MINICOZZI, MARJORIE R MGB CONSTRUCTION HOLIDAY BUILDERS WALKER, CARL LEINBERGER, ROBERT KOUSPOS, MARIAN I MARTINEZ, JOSE C 1') 82 10 CHECK DATE 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 CHECK AMOUNT 50.00 89.45 359.10 107.00 430.00 106.16 33,372.04 11544.74 4,525.10 81.02 50.16 14.36 662.50 18.95 1,760.74 50.00 300.46 4,176.03 49.70 12.17 40.60 43.18 130.00 201.60 202.10 165.00 202.00 1,540.00 189.42 454.76 17.75 228.40 147.40 14.17 42.51 11.93 26.41 50.55 28.24 68.92 28.78 6.31 30.64 85.16 5.32 30.87 46.78 16.30 6.47 50.75 76.19 24.89 50.00 56.56 38.18 63.11 23.56 70.91 • • CHECK NUMBEF- 0298767 0298768_ O 298769 0298770 0298771 O 298772 O 298773 0298774 0298775 0298776 O 298777 0298778 O 298779 O 298780 0298781 0298782 O 298783 0298784 0298785 O 298786 0298787 0298788 O 298789 O 298790 O 298791 O 298792 O 298793 O 298794 O 298795 0298796 0298797 O 298798 O 298799 O 298800 O 298801 0298802 0298803 0298804 0298805 O 298806 0298807 O 298808 O 298809 O 298810 D 0298811 L O 298812 V O 298813 L O 298814 P O 298815 B NAME TILLIS, BRYANT NEWBOLD, JEFFERY AND CORBEIL, PAMELA L MC CLURE, WILLIAM H MGB CONSTRUCTION INC HASENNAUER, WILLIAM GROZA BUILDERS INC EDWARDS, CHIQUITA COBB GRAFF, CHARLES AND ROBBINS, GLENN L AND MORRISON, SILAS AND CAMERON CORPORATION HINZMAN, FRANK D RUEST, DAVID W JUTRAS, HENRY E ROSTIEN, RICHARD A PORTUGAL, GUADALUPE UPDIKE, JOHN J HRUSOVSKY, JOHN M MARTINEZ, HECTOR APARICIO ATHERTON, VINCENT EXPRESS DEALS INC WHITFORD, GILBERT JONES, COURTNEY H GLOVER, RANDOLPH E BUCKINGHAM, JUDY EATON, GINA MC GRATH, THOMAS FRANCIS, TRACEY WEISS, DALE A LEGENDARY CONSTRUCTION INC BACK OPEN WARDROBE SPECIALISTS FOGG, JUSTIN PIGOTT, MICHAEL A CREATIVE CHOICE HOMES MEROSIER, ERIC THOMPSON, RENNIE S FISHER, DONALD AND ROBERTSON, RONALD BAILEY, ELLEN CLOS, WILLIAM TURNER, JANE R KAMPHUIS, RUSSELL W AN/ELS, LINDA ONE PALM LEISURE PRODUCTS INC CC OPEZ, FLORA ETERS, DONALD L AND IANCANIELLO, SUZANNE March 20, 2001 11 CHECK DATE 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 2001-03-08 CHECK AMOUNT 50.60 11.37 45.72 93.58 30.67 35.34 25.10 39.86 40.96 40.70 2.61 88.57 12.16 35.40 19.00 100.27 17.06 11.56 57.14 27.33 91.71 56.44 47.09 10.12 54.38 24.89 13.26 52.10 37.13 14.05 77.81 21.01 32.75 39.75 40.51 51.90 30.23 39.55 39.39 35.90 37.60 100.00 50.00 24.09 89.55 305.74 73.85 30.11 40.47 971,565.69 BK s'ii PG 83 7. C. Proclamation Designating March 21, 2001 as Retired Senior Volunteer Program (RSVP) Day PROCLAMATION DESIGNATING MARCH 21, 2001 AS RETIRED SENIOR VOLUNTEER PROGRAM DAY IN INDIAN RIVER COUNTY WHEREAS, for the past sixteen years, the Retired Senior Volunteer Program (RSVP) of Indian River County has worked with over 75 non-profit agencies or organizations in Indian River County to help in filling their volunteer needs; and WHEREAS, RSVP volunteers are senior citizens, age 55 or more, who volunteer their time, talents, and experiences of a lifetime to the community; and WHEREAS, in 2000 these wonderful, caring sharing seniors contributed 90,000 hours of volunteer service to Indian Rjver County; and WHEREAS, on March 21, 2001 the Retired Senior Volunteer Program will hold a recognition luncheon for the 650 members of this outstanding organization: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that March 21, 2001 be designated as RSVP DAY in Indian River County, Florida. The Board urges all citizens of Indian River County to support the Retired Senior Volunteer Program, and the Board further wishes to express appreciation for the unselfish dedication of time and talents of these deserving citizens of our county. Adopted this 20th day of March, 2001. March 20, 2001 61< BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Caroline D Ginn, Cha an 12 J • • 7.D. Sheriff's Department - COPS MORE 2001 Grant Application The Board reviewed a letter of March 9. 2001: beriff ROY RAYMOND • INDIAN RIVER COUNTY •1 I1 c!.1EE ^c n dT,Or. T.Dua_ _.,EPIFFc: =SSC:i>T;Ord r 4055 41st AVENUE March 9. 2001 VERO BEACH, FLORIDA 32960-1808 PHONE (5611569-6700 Honorable Caroline D. Ginn, Chairman Board of County Commissioners Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Commissioner Ginn, The Indian River County Sheriff's Office is pleased to inform you of our COPS MORE 2001 grant application for $86,250. The successful award of this grant would allow the Sheriffs Office to purchase an Automated Fingerprint Identification System (AFIS) The Sheriff's Office shall provide 25% matching funds ($28,750) from the Law Enforcement Forfeiture Trust Fund. The Automated Fingerprint Identification System will significantly enhance the Sheriffs Office ability to identify suspects of crimes and the state of the art technology shall be shared with all of the municipal agencies within the county. The attached application must be signed by the Chairman of the Board of County Commissioners in order to officially apply for the grant award We respectfully ask that the attached document be placed on the consent agenda for the March 20, 2001, meeting. Should you have any questions, feel free to contact Chuck Kirby at 978-6418. Sincerely, Roy Raymond, Sheriff Indian River County RR/cck Attachments erN {fitait:.•, The 173rd Internationally Accredited Law Enforcement Agency Accredited by the Commission on Accreditation for Law Enforcement Agencies. Incorporated Marcn 20, 2001 13 BK 5 ON MOTION by Vice Chairman Stanbridge, SECONDED BY Commissioner Tippin, the Board unanimously approved the COPS MORE 2001 grant application in the amount of $86,250 and authorized the Chairman to execute the same, as requested. COPY OF GRANT APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.E. Appointment by Vice Chairman Stanbridge (District 2) of Glenn R. Schuessler to the Indian River County Extension Advisory Council The Board reviewed a memorandum of March 12, 2001: To: Date: Subject: From: Members of the Board of County Commissioners March 12, 2001 Appointment to the Indian River County Extension Advisory Council Ruth M. Stanbridge Commissioner I would like to appoint Glenn R. Schuessler as my representative for District 2 on the Indian River County Extension Advisory Council for a three year term. Attachment — Letter dated March 1, 2001 RMS/kim ON MOTION by Vice Chairman Stanbridge, SECONDED BY Commissioner Tippin, the Board unanimously acknowledged Anna & John Vice Chairman Stanbridge's appointment of Glenn R. Schuessler to the Indian River County Extension Advisory Council. March 20, 2001 BK 86 14 • • 7. F. Notification from Indian River County Hospital District of their Appointment of Dr. Burton Lee to the Council of Public Officials (COPO) The Board reviewed a memorandum of March 8, 2001: Members of the Board of County Commissioners Date: March 8, 2001 Subject: Notification from the Indian River County Hospital District of their Appointment to the Council of Public Officials (COPO) From. Kimberly Massung Executive Aide Per the attached letter dated March 7, 2001, the Indian River County Hospital District's representative to COPO is Dr. Burton Lee. Attachment /kim ON MOTION by Vice Chairman Stanbridge, SECONDED BY Commissioner Tippet, the Board unanimously acknowledged the appointment of Dr. Burton Lee to the Council of Public Officials by Indian River County Hospital District. 7. G. Florida Communities Trust Cost -Share Agreements - Oslo Riverfront South (Addendum 2), North Sebastian Conservation Area Addition (Addendum 3), and Wabasso Scrub Conservation Area Addition (Addendum 3) (LAAO) The Board reviewed a Memorandum of March 14, 2001: March 20, 2001 15 BK 487 TO: FROM: DATE: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: Robert M. Keating, AICP Community Development Director Roland M. DeBloi c1CP Chief, Environmental Planning March 14, 2001 RE• Board Approval of Florida Communities Trust Cost -Share Agree ent Extensions/ Addenda for: Oslo Riverfront South; North Sebastian C.A. Addition; and Wabasso Scrub C.A. Addition LAAC Sites 11 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 20, 2001. DFSCRIPTION ANI) ('ONDITIONS Attached. for the Board's approval consideration. are Addenda to Conceptual Approval Agreements relating to the following Florida Communities Trust (FCT) environmental land acquisition cost -share projects: Oslo Riverfront South; North Sebastian C.A. Addition: and the Wabasso Scrub C.A. Addition. The proposed addenda. already approved by the FCT. will extend the grant project deadlines six months beyond the current grant expiration dates. Status of Pro ects • Oslo Riverfront South The Oslo Riverfront South "Addendum 2 to Conceptual Approval Agreement" will extend the FCT gram until August 28, 2001. Indian River County. in coordination with the FCT, has closed on two of the three ownerships in the project. The remaining "Diamond parcel" is currently under negotiation. This extension will allow for continuing negotiations relating to the Diamond parcel. • North Sebastian C.A. Addition The North Sebastian Conservation Area Addition "Addendum 3 to Conceptual Approval Agreement" will extend the FCT grant until August 28, 2001 The County purchased the subject property in March 1999, and is seeking cost -share reimbursement under the FCT grant. Appraisals and other acquisition documents have been reviewed and accepted by FCT staff. What remains is for the County to revise the current management plan for the North Sebastian Conservation Area to include the addition. An extension to the CAA is requested to allow finalization of management plan revisions in conjunction with a project plan. • Wabasso Scrub C.A. Addition The Wabasso Scrub Conservation Area Addition "Addendum 3 to Conceptual Approval Agreement" will extend the FCT grant until August 28, 2001. County staff is currently negouatmg a purchase contract for this one -ownership addition to the Wabasso Scrub Conservation Area. and is hopeful that a contract will be forthcoming in the next few months. The grant extension will allow staff to finalize a purchase contract and project plan. March 20, 2001 E; r '-88 16 • • RECOMMEND4TIQv Staff recommends that the Board of County Commissioners authorize the Board Chairman to execute the attached agreement addenda for the Oslo Riverfront South: North Sebastian C.A. Addition: and Wabasso Scrub C.A. Addition LAAC projects. &TT4CHMFNTS 1. "Addendum 2 to Conceptual Approval Agreement" for the Oslo Riverfront South project. _2. "Addendum 3 to Conceptual Approval Agreement" for the North Sebastian CA Addition project. 3. "Addendum 3 to Conceptual Approval Agreement" for the Wabasso Scrub CA Addition nroiect. ON MOTION by Vice Chairman Stanbridge, SECONDED BY Commissioner Tippin, the Board unanimously authorized the Chairman to execute the proposed addenda for the Oslo Riverfront South: North Sebastian Conservation Area Addition: and Wabasso Scrub Conservation Area Addition LAAC projects as recommended in the memorandum. COPIES OF PARTIALLY EXECUTED ADDENDA (3) ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.H. Resolution No. 2001-026 - John Marcheso - Partial Release of Easement at 1971 West Cayman Road (Lot 6, Block 8, Summerplace Subdivision Unit 4) The Board reviewed a Memorandum of March 12, 2001: March 20, 2001 17 8K i 7 PG 1489 TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: { Robert M. Keating. AICP Community Development Director THROUGH: Roland M. DeBIo.. CP Chief. Environmental Planning & Code Enforcement FROM: Kelly Zedek Code Enforcement Officer DATE: 3/12/01 RE JOHN MARCHESO REQUEST FOR PARTIAL RELEASE OF EASEMENT AT 1971 WEST CAYMAN ROAD (SUMMERPLACE SUB UNIT 4) It is requested that the data herein presented be given formal consideration by the Board of Count_ Commissioners at its regular meeting of March 20, 2001. DESCRIPTION AND CONDITIONS The County has been petitioned by John Marcheso. owner of a lot at 1971 West Cayman Road. for release of a two foot wide portion of a twelve foot wide drainage and utility easement. The purpose of the easement release request is for the construction of a pool and screen enclosure (see attached map). ALTERNATIVES AND ANALYSIS The request has been reviewed by Bell South Communications Florida Power & Light Corporation: T C.I. Cable Corporation: the Indian River County Utilities Department: the County Road & Bridge and Engineering Divisions; and the County surveyor. None of the utility, providers or reviewing agencies expressed an objection to the requested release of easement. Therefore, it is staff's position that the requested easement release would have no adverse impact to utilities being supplied to the subject properties or to other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, release a portion of the drainage and utility easement. as more particularly described in said resolution. ATTACHMENTS Proposed County Resolution Abandoning Easement Map depicting easement (portion) proposed for release March 20, 2001 18 • • 1') ON MOTION by Vice Chairman Stanbridge SECONDED BY Commissioner Tippin, the Board unanimously adopted Resolution No. 2001-026 releasing a portion of an easement on Lot 6. Block 8. Summerplace Subdivision Unit 4. DOCUMENTARY STAMPS DEED $ 70 NOTES RESOLUTION NO. 2001 - 026 JEFFREY K. BARTON, CLERK INDIAN RIVER COUNTY A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING A PORTION OF AN EASEMENT ON LOT 6, BLOCK 8, SUMMERPLACE SUBDIVISION UNIT 4 IN THE RECORLE OF JEFFREY K. BAHTON CLERK CIRCUIT CC _SRT INDIAN RIVER CC. rL.r. WHEREAS, Indian River County has an interest in a drainage and utility easement on Lot 6, Block 8, of Summerplace Subdivision Unit 4; and WHEREAS, the retention of a portion of the easement, as described below, serves no public purpose; MESIB N Q1 co W 0 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: a N This release of easement is executed byIndian River County,rn a political subdivision of the State of Florida whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to -n N ' JOHN MARCHESO 15925 N HAYDEN LAKE RD w I. (,i c) HAYDEN LAKE, ID 83835 (1 •--- - f 0 his successors in interest, heirs and assigns, as Grantee, as follows: 0 Indian River County does hereby release and abandon all right, title, and interest that it may have in the following described easement portion: I— U c_, C the north two feet of the south twelve foot wide drainage and utility easement of Lot 6, p .� L j Block 8, Summerplace Subdivision Unit 4, according to the plat thereof as recorded in Plat Book 4.) I *- C; 8, Page 22 of the Public Records of Indian River County, Florida aC, j THIS RESOLUTION was moved for adoption by Commissioner Stanbridge dge seconded J by Commissioner Ti DDM , and adopted on the 20th day of March 2001, by the following vote: c" ) I CO CJ Commissioner Caroline D. Ginn1/40 Aye ) Commissioner Ruth Stanbridge Aye Commissioner Kenneth R Macht Aye N a\ Commissioner John W. Tippin AYe N Commissioner Fran B. Adams Aye C.JI March 20, 2001 19 BK 1 to PG 1491 RESOLUTION NO. 2001- 026 The Chairman declared the resolution duly passed and adopted this 20th day of March ,2001 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By 0.115 • '0 • Caroline D Attested Bys t.:1 • STATE OF FLORIDA COUNTY OF INDIAN RIVER Deputy Clerk . • The foregoing instrument was acknowledged before me this 20th day of March 2001, by CAROLINE D. GINN, as Chairman of the Board of County Commissioners of Indian River County, Florida, and by ''-'4 • •. • Deputy Clerk for JEFFREY K. BARTON, Clerk of the Board of County Commissioners of Indian River County, Florida, who are personally known to me NOTARY PUBLIC em Printed Name Kimhnrly F M/ssung Commission No.: CC855436 Commission Expiration: Jul y 15, 2003 APPROVED AS TO LEGAL FORM: William G. Collins II Deputy County Attorney ease.bccdoc proj/apl.no. 97070118/26157 March 20, 2001 8K 1 PG 4 9 2 20 Kimberly E Maesung :.. MY COMMISSION Y CC855436 EXPIRES July 15, 2003 BONDED THRU TROY FAN INSURANCE INC .ar-24-00 23:24 The Unive - __12/19/97 13:15 V:. _ 485 8222 12/19/97 _ 12:36 $l. :07 567 7,I.o ty Club HNIi .UH111 1rd MAP OF SURVEY curt -mutt or wT4OR12ATor Li. 1.2• CAYMAN LOAD WEST r _, lbLD1LTAdAD (PONATE naw) = 69.95'(R) 412 4. T[\} TC 2/ WIDE EASE lei Ew7' POR'TIC11..I TO RCA 454\46.- 10.11' 0 ti V 0 4 N 31 3 • CeuC- %WE •A..) 111.14Ku 14472 slum STDRv.C.B.5>RE5, rr.r.—'•st.19.. DF.E r •9.51 a./• L 1! 3 ^ 12. �-.�• YID ow „ o 0 me CP o Pa• pecde 71aL7227 L72Z7 11 .29 R t 15.29'(-) • tar loam e LOT 2 Moat 8 Accetdtnf to Nip Ho. 1206EC000)2. hand 023 of 149.. fitted Hay ). I9i). Ode ►reprty lion in Flom; 2o•t X. PROPERTY ADDRESS: 1971 CATWfKIROAD VEST SEBASTIAN, FLORIDA 32950 • • -OTD SWM SURYTllMO k ra►►NG WC. DOD N91 CORM► rrunOMM. TMA iWt ..bib "WOVE Of WC %DAMN R TO SIAW TMC 11044D Mari •0.4774E It YOu1C.n N 1 uSt It pima r, Maar, SUR, TOM MO. 5442. tlI MS••fl•T.tt O.TID i-211-111. 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PG 1493 • I-" . u.., 7.L Budget Amendment 016 - Sheriff Roy Raymond - Out -of - County Prisoner Revenue The Board reviewed a Memorandum ofMarch 14, 2001and a letter of March 9, 2001: TO: Members of the Board of County Commissioners DATE: March 14, 2001 SUBJECT: Sheriff Out -of -County Prisoner Revenue Budget Amendment 016 THROUGH: Joseph A. Baird Assistant County Administrators FROM: Jason E. Brown Budget Manager Description and Conditions The Sheriff's Department has requested a budget amendment for Out -of -County Prisoner revenues for the current fiscal year (see attached letter dated March 9, 2001). This request is for an amendment of $544,773, which would include actual prisoner revenues for October 2000 through February 2001 estimated revenues for the remainder of FY 2000/01, and additional funds from the school district. Prison revenues from other counties has dropped off considerably this year. Therefore, the Sheriff is utilizing excess federal prisoner revenues to fund the difference. Additionally, the Indian River County School District will provide the department $16 923 for funding startup costs of a COPS In Schools Grant. The attached entry appropriates funding for this request. Recommendation Staff recommends that the Board of County Commissioners approve the attached budget amendment. Distribution Roy Raymond, Sheriff Harry Hall, Comptroller Attachments Letter from Sheriff, dated March 9, 2001 March 20, 2001 BK Indian River County Approved Date Administrator Legal Budget Department Risk Management 4e • r ROY RAYMOND • INDIAN RIVER COUNTY MF MAT i <;RIDA SHERIFFS ASSOCAT101- MfMPFR (l( NATIONAL SHERIFFS ASSOCIATION 4055 41s1 AVENUE March 9, 2001 VERO BEACH. FLORIDA 32960-1808 PHONE (561) 569-67C. The Honorable Caroline D. Ginn, Chairman Indian River Board of County Commissioners 1840 25th Street Vero Beach, FL 32960-3394 Re: Budget Adjustment, Out -Of -County Inmate Revenue Dear Chairman Ginn: This letter is a request to amend our fiscal year 2000-2001 Operating Budget. For the months of October 2000 through February 2001, we generated prisoner revenue totaling $545,910 detailed below: Actual: March 20, 2001 October: U.S. Marshal 1442 inmate days at $60.00 per day Charlotte County - 98 inmate days at $45.00 per day I.N.S.- 422 inmates at $60.00 per aay October Total Revenue November: U.S. Marshal - 1415 inmate days at $60.00 per day I.N.S - 395 inmates at $60.00 per day November Total Revenue December: U.S. Marshal - 1667 inmate days at $60.00 per day I.N.S - 310 inmates at $60.00 per day December Total Revenue January: U.S. Marshal - 1557 inmate days at $60.00 per day I.N.S - 228 inmates at $60.00 per day January Total Revenue February: U.S. Marshal - 1514 inmate days at $60.00 per day I.N.S.- 75 inmates at $60.00 per day February Total Revenue 23 $ 86,520 4,410 25,320 $ 116,250 S 84,900 23.700 $ 108,600 S 100,020 18,600 $ 118,620 S 93,420 13.680 $ 107,100 S 90,840 4.500 $ 95,340 BK Ii7PGJ495 • We estimate the revenue for March through September to be $595,140: Recap: March through September: U S. Marshal - 1417 inmate days per month at $60.00 per day Charlotte County (has own facility) I.N.S. (has own facility) March through September Total Revenue U.S. Marshal - 17514 inmate days at $60.00 per day Charlotte County - 98 inmate days at $45.00 per day I.N.S. 1430 inmate days at $60.00 per day Total Revenue $ 595,140 0 0 $ 595,140 $1,050,840 4,410 85.800 $1,141,050 As the funds are received they will be forwarded to you for deposit into the County's General Fund. Our current budget earmarks $613,200 of inmate revenue for the county. That leaves an excess of $527,850 ( $1.141.050 total revenue - 613.200 budgeted to county). Additionally, the Indian River County School District will be providing us with $16,923 in start up costs related to the COPS In Schools Grant. We are asking to amend our budget by $544,773 (5527.850 excess prisoner revenue + $16,923 from the school district) to fund the Aviation Component, offset the expense of housing prisoners, pay down some non-recurring salary items (terminating employees buy out, buy back some of the employee vacation balance, etc.), and purchase a patrol cruiser. Off the $527,850 excess prisoner revenue, the first $15.00 of each inmate day will be used to offset the expense of housing the prisoners. This represents $131,962. These monies will be distributed as follows: Corrections Food For Jail Corrections Salaries Total Corrections The balance of the revenue will be distributed as follows: Aviation Salaries Aviation Operating Expense Law Enforcement Salanes (non-recurring) Law Enforcement Capital Outlay Total Law Enforcement $ 21,450 110.512 $ 131,962 $ 180,000 60,000 150,747 22,064 $ 412,811 I am requesting this item be placed on the Agenda at your earliest convenience. If you have any questions or any further information is required, please let me know. Sincerely, Roy Raymond, Sheriff RR:mej March 20, 2001 24 BK 1I PG 1195 • • ON MOTION by Vice Chairman Stanbridge, SECONDED BY Commissioner Tippin, the Board unanimously approved Budget Amendment 016. as recommended. TO: Members of the Board of County Commissioners FROM: Jason E. Brown , Budget Manager K BUDGET AMENDMENT: 016 DATE: March 14, 2001 7.J. Resolution No. 2001-027 Marathon Ashland Petroleum - Release of Easement at 9009 20th Street (Indian River Farms Company Subdivision - Tract 9, Section 3, Township 33 South, Range 38 East) The Board reviewed a Memorandum of March 12, 2001: March 20, 2001 25 BK 117 PGL97 Entry Number Fund/Department/ Account Name Account Number Increase Decrease 1. REVENUES GENERAL FUND/ Out -of -County Prisoner Revenues 001-000-341-057.00 $527,850 $0 GENERAL FUND/ Sheriff Revenues 001-000-341-052.00 $16,923 $0 EXPENSES GENERAL FUND/ Sheriff/ Corrections 001-600-586-099.14 $131,962 $0 GENERAL FUND/ Sheriff/ Law Enforcement 001-600-586-099.04 $412,811 $0 7.J. Resolution No. 2001-027 Marathon Ashland Petroleum - Release of Easement at 9009 20th Street (Indian River Farms Company Subdivision - Tract 9, Section 3, Township 33 South, Range 38 East) The Board reviewed a Memorandum of March 12, 2001: March 20, 2001 25 BK 117 PGL97 TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: tTpir,z_ 4:i Robert M. Keating, AICP Community Development Director THROUGH: Roland M. DeBloisP Chief. Environmental Planning & Code Enforcement FROM: Kelly Zedek Code Enforcement Officer DATE: 3/12/01 RE: MARATHON ASHLAND PETROLEUM REQUEST FOR RELEASE OF EASEMENT AT 9009 20TH STREET It is requested that the data herein presented be given formal consideration by the Board of County Commissione-rs at its regular meeting of March 20, 2001. DESCRIPTION AND CONDITIONS The County has been petitioned by Marathon Ashland Petroleum. owner of a parcel at 9009 20th Street. for release of a twenty foot wide drainage and utility easement. The purpose of the easement release request is to allow for the construction of a stormwater pond and an access road between the subject commercial property and a neighboring business (see attached map). ALTERNATIVES AND ANALYSIS The request has been reviewed by Bell South Communications. Florida Power & Light Corporation: T C.I. Cable Corporation; the Indian River County Utilities Department: the County Road & Bridge and Engineering Divisions; and the County surveyor. None of the utility. providers or reviewing agencies expressed an objection to the requested release of easement. Therefore. it is staff s position that the requested easement release would have no adverse impact to utilities being supplied to the subject properties or to other properties. RECOMMENDATION Staff recommends that the Board. through adoption of the attached resolution. release the drainage and utility easement, as more particularly described in said resolution. ATTACHMENTS Proposed County Resolution Abandoning Easement Map depicting easement proposed for release March 20, 2001 G 4 9 26 • • ON MOTION by Vice Chairman Stanbridge, SECONDED BY Commissioner Tippin, the Board unanimously adopted Resolution 2001-027 releasing an easement on a certain parcel located at the Northeast Corner of Tract 9. Section 3. Township 33 South, Range 38 East. Indian River Farms Company Subdivision. IN THE RECORDS OF JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO., FLA. RESOLUTION NO. 2001 - 027 DOCUMENTARY STAMPS DEED S-7 NOTES JEFFREY K. BARTON. CLERK INDIAN RIVER COUNTY A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING AN EASEMENT ON A CERTAIN PARCEL LOCATED AT THE NORTHEAST CORNER OF TRACT 9, SECTION 3, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION WHEREAS, Indian River County has an interest in a drainage and utility easement on a certain parcel at the northeast corner of Tract 9, Section 3, Township 33 South, Range 38 East, in Indian River Farms Company Subdivision; and WHEREAS, the retention of the easement, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, a political subdivision of the State of Florida whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to MARATHON ASHLAND PETROLEUM, LLC 254 SOUTH CR 427 SUITE 124 w LONGWOOD, FL 32750 co V o lL rn tL N its successors in interest, heirs and assigns, as Grantee, as follows: O co GO u -i o Indian River County does hereby release and abandon all right, title, and interest that it may Lhave in the following described easement(s): i O C CJ .i, r C% I- 0 O 4 O i 'll {' >- co CCI 0 THIS RESOLUTION was moved for adoption by Commissioner Stanbrt dqe , seconded by Commissioner Tippi n and adopted on the 20th dayof a, P U March 2001, by the following vote: the south twenty feet of the following described property: Indian River Farms Co. Sub PBS 2-25, that parcel 200 feet by 200 feet at the NE corner of Tract 9 in the NE 1/4 of the SE 1/4 of Section 3, Township 33 S, Range 38 E, as recorded in Record Book 367 PP 273 (OR BK 464 PP 297), of the public records of Indian River County. U Commissioner Caroline D. Ginn Aye Commissioner Ruth Stanbridge Aye Commissioner Kenneth R. Macht Ayp March 20, 2001 Commissioner John W. Tippin Aye Commissioner Fran B. Adams AVP 27 BX1I 7 PG 499 0 RESOLUTION NO. 2001- 027 The Chairman declared the resolution duly passed and adopted this 20th March ,2001 n7 t. t\ . RIVER COUNTY, FLORIDA "'By .Caroline It Ginn, Chairman Attested B02,22e�i Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER • day of The foregoing instrument was acknowledged before me this 20th day of March 2001, by CAROLINE D. GINN, as Chairman of the$oard of County Commissioners of Indian River County, Florida, and by , Deputy Clerk for JEFFREY K. BARTON, Clerk of the Board of County Commissioners of Indian River County, Florida, who are personally known to me NOTARY PUBLIC Printed Na Commission No.: CC855436 Commission Expiration: July 15, 2003 Kimberly E! Massung APPROVED AS TO LEGAL FORM: William G. Collins II Deputy County Attorney ease.bccdoc proj/apl. no. 2000090131/25955 March 20, 2001 8K i -“-e—t 28 Kimberly E. Massung MY COMMISSION f CC855436 WIRES BONDED THRUUTROY $�OI�RANCE RSC CO CO v c-� N CT N CO • • ft- (233dS; 4106 nes. w rC -C 1OI.)3S 3k^ .Sr3 r .1,3N21+.1•.e5v 1It .7Ntx)AA 13Yd1. iN39cIOvNv91 • • arm • ,Lt 0 0' ( • ,Z9 • fat Ie . e • 'twin .0 --Q. ° to �¢p • "dnn.. Ltel • • • c^g z w. mIC�CiEy/4- yr_ 2 a F m O<Inx O wa H ill 1 LT) N w ' 3 W h • 0 6 O IPO M 0 Z F 5 cr $c •6 In CC CC :0 (a J W H 0 )I3V8135 `JNIQII . ,949• t1RQ n• • T2Lfl • i ice_ -art - -k� al • b•. �°DO. L` _Rr2" 10, _ J L. _ •r�—tri • • • z Z < 0 ocj o 01 ao r l 7 p isalO 1:00V71411 RI • siva" 'OOZ •3,St,Ot.00'N L _I 4`- I'. ,L9'69 K A March 20, 2001 29 6 BK 2 F 2 17 PC 501 7.K. Miscellaneous Budget Amendment 015 The Board reviewed a Memorandum of March 14, 2001: TO: Members of the Board of County Commissioners DATE. March 14, 2001 SUBJECT: Miscellaneous Budget Amendment 015 THROUGH: Joseph A. Baird Assistant County Administrato FROM: Jason E Brown ro Budget Manager Description and Conditions The attached budget amendment is to appropriate funding for the following: 1. On January 2, 2001, the Board of Commissioners approved a Public Transit Block Grant (PTBG) application with the Florida Department of Transportation (FDOT). The attached entry appropriates funding in the amount of $242,183. On May 16, 2000, the Board of Commissioners approved an EMPA Competitive Grant for the development of a County Wide Wildfire Mitigation Plan. The attached entry appropriates these grant funds. 3. The attached entry appropnates funding for the Classification and Compensation Plan Study as approved by the Board of Commissioners Funding will be provided by a combination of reserves for contingency, fund reserves, and other sources. 4. Dunng FY 1998/99, the County purchased Fire Stations 8 and 9 from the Sebastian Volunteer Fire Department for five annual payments of $7 000. The attached entry appropriates funding for this year's payment from Emergency Services District contingencies. 5. On March 13, 2001, the Board of Commissioners approved co -sponsoring a presentation on the Indian River County economy with the Chamber of Commerce and Indian River Community College. The attached entry appropriates funding from General Fund contingencies. Recommendation Staff recommends that the Board of County Commissioners approve the attached budget amendment. ON MOTION by Vice Chairman Stanbridge, SECONDED BY Commissioner Tippin, the Board unanimously approved miscellaneous budget amendment 015, as recommended in the memorandum. March 20, 2001 ui( 2 30 • • TO: Members of the Board of County Commissioners From: Jason E. Brown BUDGET AMENDMENT: 015 DATE: March 14. 2001 uuuyCI IVIVI...y... Entry Number Fund/Depart?ment/ Account`Name Account Number Increase Decrease 1. REVENUES GENERAL FUND / Florida Public Transit Block Grant - 001-000-334-045.00 $242.183 EXPENSES GENERAL FUND Comm. Transportation / Council on Aging/ Coordinator 001-110-541-088 23 $242.183 2. REVENUES GENERAL Mitigation FUND/ EMPA Wildfire Plan Grant 001-000-334-296.00 $45.500 EXPENSES GENERAL Management/ FUND/ Emergency Other Contractual 001-208-525-033.49 S45.500 3. REVENUES RENTAL ASSISTANCE / Interest Investments 108-000-361-010.00 $715 IRCLHAP/SHIP / IRCLHAP/SHIP Program /Interest Investments 123-000-361-010.00 $312 GUN RANGE / Miscellaneous Income 412-000-343-067.00 $663 BUILDING DEPARTMENT / Cash Forward 441-000-389-040.00 $9,104 UTILITY SERVICES/Cash Forward 471-000-389-040.00 $29.303 FLEET MANAGEMENT / Interest Investments 501-000-361-010.00 $1,763 EXPENSES GENERAL Regular FUND / B.C.C. Operations / Salanes 001-101-511-011.12 $78 GENERAL Social FUND / B.C.C. Security Matching Operations / 001-101-511-012.11 $6 GENERAL FUND / B.C.C. Retirement Contnbution Operations / - 001-101-511-012.12 $8 GENERAL FUND / County Attomey / Regular Salanes 001-102-514-011.12 $2.212 GENERAL FUND / County Social Secunty Matching Attorney / 001-102-514-012.11 $137 GENERAL FUND / County Retirement Contnbution Attomey / 001-102-514-012.12 $262 March 20, 2001 31 Bn 17 PG 503 TO: Members of the Board of County Commissioners From. Jason E Brown Budget Manager BUDGET AMENDMENT: 015 DATE: March 14, 2001 Entry Number Fund/Depjartment/ Account Name GENERAL FUND / County Attorney / Worker's Compensation GENERAL FUND / County Attorney / Medicare Matching Account Number Increase Decrease 001-102-514-012.14 $8 GENERAL FUND / County Attorney / Life Insurance 001-102-514-012.17 $32 001-102-514-012.13 GENERAL FUND / Recreation / Regular Salaries 001-108-572-011.12 GENERAL FUND / Recreation / Social Security Matching 001-108-572-012.11 $7 $1,437 GENERAL FUND / Recreation / Retirement Contribution GENERAL FUND / Recreation / Worker's Compensation 001-108-572-012.12 $87 $137 001-108-572-012.14 GENERAL FUND / Recreation / Medicare Matching 001-108-572-012.17 GENERAL FUND / Recreation / Regular Salanes GENERAL FUND / Recreation / Social Secunty Matching 001-108-572-011.13 $90 $21 $692 001-108-572-012.11 GENERAL FUND / Recreation / Retirement Contnbution GENERAL FUND / Recreation / Worker's Compensation 001-108-572-012.12 $42 $71 GENERAL FUND / Recreation / Medicare Matching 001-108-572-012.14 $46 001-108-572-012.17 GENERAL FUND / Main Library / Regular Salanes GENERAL FUND / Main Library / Social Secunty Matching GENERAL FUND / Main Library / Retirement Contnbution 001-109-571-011.12 $10 54.914 001-109-571-012.11 $306 GENERAL FUND / Main Library / Worker's Compensation 001-109-571-012.12 $495 001-109-571-012.14 GENERAL FUND / Main Library / Medicare Matching 001-109-571-012.17 GENERAL FUND / Main Library / Life Insurance GENERAL FUND / Main Library / Regular Salanes GENERAL FUND / Main Library / Social Security Matching 001-109-571-012.13 $17 $70 $15 001-109-571-011.13 $262 001-109-571-012.11 March 20, 2001 32 BR i .7'5.014 PL $20 • TO: Members of the Board of County Commissioners From. Jason E. Brown Budget Manager 1 BUDGET AMENDMENT: 015 DATE: March 14, 2001 GENERAL FUND / yaw library / Regular Salaries 001-119-714-011.12 $866 GENERAL FUND / Law Library / Social Security Matching GENERAL FUND / Law Library / Retirement Contribution 001-119-714-012.11 $54 GENERAL FUND / Law Library / Medicare Matching GENERAL FUND / Administrator Operations / Regular Salaries 001-119-714-012.12 S88 001-119-714-012.17 $16 GENERAL FUND / Administrator Operations / Social Security Matching GENERAL FUND / Administrator Operations / Retirement Contribution 001-201-512-011.12 $2.303 001-201-512-012.11 $144 GENERAL FUND / Administrator Operations / Worker's Compensation GENERAL FUND / Administrator Operations / Medicare Matching GENERAL FUND / Administrator Operations / Life Insurance 001-201-512-012.12 $391 001-201-512-012.14 $30 001-201-512-012.17 $35 GENERAL FUND / General Services / Regular Salaries GENERAL FUND / General Services / Social Security Matching GENERAL FUND / General Services / Retirement Contnbution 001-201-512-012.13 $7 001-202-513-011.12 $630 001-202-513-012.11 $40 001-202-513-012.12 $62 March 20, 2001 33 BES 117 PG 505 • Entry Number Fund/Depahment/ Account Name Account Number Increase Decrease GENERAL FUND / Main Library / Retirement Contnbution 001-109-571-012.12 $28 GENERAL Regular FUND / North County Library / Salaries 001-112-571-011.12 $3,784 GENERAL FUND / North County Library / Social Security Matching 001-112-571-012.11 $235 GENERAL FUND / North County Library / Retirement Contribution 001-112-571-012.12 $390 GENERAL FUND Worker's Compensation / North County Library / 001-112-571-012.14 $15 GENERAL FUND / Medicare Matching North County Library / 001-112-571-012.17 $55 GENERAL FUND / North County Library / Life Insurance 001-112-571-012.13 $12 GENERAL FUND / North County Library / Regular Salaries 001-112-571-011.13 $17 GENERAL FUND / yaw library / Regular Salaries 001-119-714-011.12 $866 GENERAL FUND / Law Library / Social Security Matching GENERAL FUND / Law Library / Retirement Contribution 001-119-714-012.11 $54 GENERAL FUND / Law Library / Medicare Matching GENERAL FUND / Administrator Operations / Regular Salaries 001-119-714-012.12 S88 001-119-714-012.17 $16 GENERAL FUND / Administrator Operations / Social Security Matching GENERAL FUND / Administrator Operations / Retirement Contribution 001-201-512-011.12 $2.303 001-201-512-012.11 $144 GENERAL FUND / Administrator Operations / Worker's Compensation GENERAL FUND / Administrator Operations / Medicare Matching GENERAL FUND / Administrator Operations / Life Insurance 001-201-512-012.12 $391 001-201-512-012.14 $30 001-201-512-012.17 $35 GENERAL FUND / General Services / Regular Salaries GENERAL FUND / General Services / Social Security Matching GENERAL FUND / General Services / Retirement Contnbution 001-201-512-012.13 $7 001-202-513-011.12 $630 001-202-513-012.11 $40 001-202-513-012.12 $62 March 20, 2001 33 BES 117 PG 505 • TO: Members of the Board of County Commissioners From: Jason E. Brown Budget Manager BUDGET AMENDMENT: 015 DATE March 14, 2001 Retirement Contribution GENERAL FUND / Veterans Services / Medicare Matching 001-206-553-012 12 $88 001-206-553-012.17 GENERAL FUND / Emergency Management / Regular Salanes 001-208-525-011.12 GENERAL FUND / Emergency Management / Social Secunty Matching GENERAL FUND / Emergency Management / Retirement Contribution GENERAL FUND / Emergency Management / Worker's Compensation 001-208-525-012.11 $15 $1,842 $114 001-208-525-012.12 $244 001-208-525-012.14 GENERAL FUND / Emergency Management / Medicare Matching GENERAL FUND / Emergency Management / Life Insurance 001-208-525-012.17 $7 $27 GENERAL FUND / Parks / Regular Salanes 001-208-525-012.13 $6 001-210-572-011.12 GENERAL FUND / Parks / Social Secunty Matching GENERAL FUND / Parks / Retirement Contnbution 001-210-572-012.11 $10,342 $641 GENERAL FUND / Parks / Worker's Compensation 001-210-572-012.12 001-210-572-012.14 $1,077 $581 March 20, 2001 34 Entry Number Fund/Department/ Account Name Account Number Increase Decrease GENERAL FUND / Medicare Matching General Services / 001-202-513-012.17 $13 GENERAL FUND / Personnel Office / - Regular Salanes 001-203-513-011.12 $2,597 GENERAL FUND / Personnel Social Security Matching Office / 001-203-513-012.11 $161 GENERAL FUND / Personnel Office / Retirement Contribution 001-203-513-012 12 $250 GENERAL FUND Worker's Compensation / Personnel Office / 001-203-513-012.14 $9 GENERAL FUND / Personnel Office / Medicare Matching 001-203-513-012.17 $38 GENERAL FUND / Personnel Office / Life Insurance 001-203-513-012.13 $9 GENERAL Regular FUND / Veterans Services / Salaries 001-206-553-011.12 $829 GENERAL FUND / Veterans Services / Social Secunty Matching 001-206-553-012.11 $51 GENERAL FUND / Veterans Saniirnc Retirement Contribution GENERAL FUND / Veterans Services / Medicare Matching 001-206-553-012 12 $88 001-206-553-012.17 GENERAL FUND / Emergency Management / Regular Salanes 001-208-525-011.12 GENERAL FUND / Emergency Management / Social Secunty Matching GENERAL FUND / Emergency Management / Retirement Contribution GENERAL FUND / Emergency Management / Worker's Compensation 001-208-525-012.11 $15 $1,842 $114 001-208-525-012.12 $244 001-208-525-012.14 GENERAL FUND / Emergency Management / Medicare Matching GENERAL FUND / Emergency Management / Life Insurance 001-208-525-012.17 $7 $27 GENERAL FUND / Parks / Regular Salanes 001-208-525-012.13 $6 001-210-572-011.12 GENERAL FUND / Parks / Social Secunty Matching GENERAL FUND / Parks / Retirement Contnbution 001-210-572-012.11 $10,342 $641 GENERAL FUND / Parks / Worker's Compensation 001-210-572-012.12 001-210-572-012.14 $1,077 $581 March 20, 2001 34 • • TO: Members of the Board of County Commissioners From. Jason E. Brown Entry Number Budget Manager Fund/Department/ Account Name GENERAL FUND / Parks / Medicare Matching Account Number BUDGET AMENDMENT: 015 DATE: March 14. 2001 Increase Decrease 001-210-572-012.17 $149 GENERAL FUND / Parks / Life Insurance G ENERAL FUND / Welfare / Regular Salaries G ENERAL FUND / Welfare / Social Security Matching 001-210-572-012.13 $35 001-211-564-011.12 $222 001-211-564-012.11 G ENERAL FUND / Welfare / Retirement Contribution GENERAL FUND / AG Extension / Regular Salaries 001-211-564-012.12 $18 $25 GENERAL FUND / AG Extension / Social Security Matching G ENERAL FUND / AG Extension / Retirement Contribution G ENERAL FUND / AG Extension / Medicare Matching 001-212-537-011.12 $440 001-212-537-012 11 $27 001-212-537-012.12 $47 001-212-537-012.17 G ENERAL FUND / Youth Guidance Counselor / Regular Salaries GENERAL FUND / Youth Guidance Counselor / Social Security Matching GENERAL FUND / Youth Guidance Counselor / Retirement Contribution GENERAL FUND / Youth Guidance Counselor / Medicare Matching 001-213-523-011.12 $6 $641 001-213-523-012.11 $40 001-213-523-012.12 001-213-523-012.17 GENERAL FUND / Youth Guidance Counselor / Regular Salaries GENERAL FUND / Youth Guidance Counselor / Social Secunty Matching GENERAL FUND / Youth Guidance Counselor / Retirement Contnbution GENERAL FUND / Youth Guidance Counselor / Medicare Matchinq 001-213-523-011.17 001-213-523-012.11 001-213-523-012.12 $66 $11 $582 $36 $60 GENERAL FUND / Purchasing / Regular Salanes GENERAL FUND / Purchasing / Social Security Matching GENERAL FUND / Purchasing / Retirement Contnbution GENERAL FUND / Purchasing / Medicare Matching March 20, 2001 35 001-213-523-012.17 001-216-513-011.12 001-216-513-012.11 $10 $645 001-216-513-012.12 001-216-513-012.17 $40 $66 $11 BK 1 17 PG 5 0 7 TO: Members of the Board of County Commissioners From. Jason E. Brown Budget Manager BUDGET AMENDMENT. 015 DATE: March 14. 2001 GENERAL FUND /Office of Mgmt & Budget / Social Security Matchin q 001-229-513-012.11 $148 GENERAL FUND / Office of Mgmt & B udget / Retirement Contnbution 001-229-513-012.12 $370 G ENERAL FUND / Office of Mgmt & B udget / Worker's Compensation 001-229-513-012.14 $25 G ENERAL FUND / Office of Mgmt & B udget / Medicare Matching 001-229-513-012.17 $35 GENERAL FUND / Office of Mgmt & Budget / Life Insurance 001-229-513-012.13 $7 GENERAL FUND / FPL Grant Expenditures / Regular Salaries 001-237-525-011.12 $394 GENERAL FUND / FPL Grant Expenditures / Social Security Matching 001-237-525-012.11 $24 GENERAL FUND / FPL Grant Expenditures / Retirement Contribution 001-237-525-012.12 $39 GENERAL FUND / FPL Grant Expenditures / Medicare Matching 001-237-525-012.17 $7 GENERAL FUND / Emergency Base Grant / Regular Salanes 001-238-525-01 t.12 $778 GENERAL FUND / Emergency Base Grant / Social Secunty Matching 001-238-525-012.11 $48 GENERAL FUND / Emergency Base Grant / Retirement Contnbution 001-238-525-012.12 $80 GENERAL FUND / Emergency Base Grant / Medicare Matching 001-238-525-012.17 $14 GENERAL FUND / Computer Services / Regular Salanes 001-241-513-011.12 $327 March 20, 2001 BK 36 Entry Number Fund/Department/ Account Name Account Number Increase Decrease GENERAL Regular FUND / Building and Grounds / Salaries 001-220-519-011.12 $8.101 GENERAL FUND / Building Social Secunty Matching and Grounds / 001-220-519-012.11 $503 GENERAL FUND / Building and Grounds / Retirement Contribution 001-220-519-012.12 $840 GENERAL FUND Worker's Compensation / Building and Grounds / 001-220-519-012.14 $431 GENERAL FUND / Medicare Matching Building and Grounds / 001-220-519-012.17 $117 GENERAL FUND / Budding and Grounds Life Insurance / 001-220-519-012.13 $26 GENERAL FUND / Office of Mgmt & Budget / Regular Salaries 001-229-513-011.12 $2,377 GENERAL FUND /Office of Mgmt & Budget / Social Security Matchin q 001-229-513-012.11 $148 GENERAL FUND / Office of Mgmt & B udget / Retirement Contnbution 001-229-513-012.12 $370 G ENERAL FUND / Office of Mgmt & B udget / Worker's Compensation 001-229-513-012.14 $25 G ENERAL FUND / Office of Mgmt & B udget / Medicare Matching 001-229-513-012.17 $35 GENERAL FUND / Office of Mgmt & Budget / Life Insurance 001-229-513-012.13 $7 GENERAL FUND / FPL Grant Expenditures / Regular Salaries 001-237-525-011.12 $394 GENERAL FUND / FPL Grant Expenditures / Social Security Matching 001-237-525-012.11 $24 GENERAL FUND / FPL Grant Expenditures / Retirement Contribution 001-237-525-012.12 $39 GENERAL FUND / FPL Grant Expenditures / Medicare Matching 001-237-525-012.17 $7 GENERAL FUND / Emergency Base Grant / Regular Salanes 001-238-525-01 t.12 $778 GENERAL FUND / Emergency Base Grant / Social Secunty Matching 001-238-525-012.11 $48 GENERAL FUND / Emergency Base Grant / Retirement Contnbution 001-238-525-012.12 $80 GENERAL FUND / Emergency Base Grant / Medicare Matching 001-238-525-012.17 $14 GENERAL FUND / Computer Services / Regular Salanes 001-241-513-011.12 $327 March 20, 2001 BK 36 • • TO: Members of the Board of County Commissioners From. Jason E. Brown Budget Manager BUDGET AMENDMENT: 015 DATE: March 14. 2001 Entry Number Fund/Department/ Account Name Account Number Increase Decrease GENERAL FUND / Computer Services / Social Security Matching 001-241-513-012.11 $20 GENERAL FUND / Computer Services l Retirement Contribution 001-241-513-012.12 $30 GENERAL FUND / Computer Services / Medicare Matching 001-241-513-012.17 $6 GENERAL FUND / County Animal Control / Regular Salaries 001-250-562-011.12 $1 260 G ENERAL FUND / County Animal Control / Social Secunty Matching 001-250-562-012.11 $78 G ENERAL FUND / County Animal Control / Retirement Contribution 001-250-562-012.12 $125 GENERAL FUND / County Animal Control / Worker's Compensation 001-250-562-012.14 S56 G ENERAL FUND / County Animal Control / Medicare Matching 001-250-562-012.17 $22 GENERAL FUND / Mailroom/ Switchboard / Regular Salaries 001-251-519-011.12 $76 GENERAL FUND / Mailroom/ Switchboard / Retirement Contribution 001-251-519-012.12 $8 GENERAL FUND / Probation / Regular Salaries 001-908-523-011.12 $1.832 GENERAL FUND / Probation / Social Secunty Matching 001-908-523-012.11 $114 GENERAL FUND / Probation / Retirement Contribution 001-908-523-012.12 $185 GENERAL FUND / Probation / Worker's Compensation 001-908-523-012.14 $6 GENERAL FUND / Probation / Medicare Matching 001-908-523-012.17 $27 GENERAL FUND / Probation / Life Insurance 001-908-523-012.13 $5 GENERAL FUND / Reserve for Contingencies 001-199-581-099.91 MUNICIPAL SERVICE FUND / Recreation / Regular Salaries 004-108-572-011.12 $423 $61,343 MUNICIPAL SERVICE FUND / Recreation / Social Secunty Matching 004 108-572-012.11 $26 MUNICIPAL SERVICE FUND / Recreation / Retirement Contnbution 004-108-572-012.12 $42 MUNICIPAL SERVICE FUND / Recreation / Workers Compensation 004-108-572-012.14 $26 March 20, 2001 37 BK 1 rG50J9 TO: Members of the Board of County Commissioners From: Jason E. Brown Bud et Manager BUDGET AMENDMENT: 015 DATE: March 14, 2001 March 20, 2001 0 38 Entry Number Fund/Department/ Account dame Account Number Increase Decrease MUNICIPAL SERVICE FUND / Recreation / Medicare Matching 004-108-572-012.17 $7 MUNICIPAL / Regular SERVICE FUND / Recreation Salaries 004-108-572-011.13 $425 MUNICIPAL SERVICE FUND / Recreation / Social Security Matching 004-108-572-012.11 $26 MUNICIPAL SERVICE FUND / Recreation / Retirement Contribution 004-108-572-012.12 $46 MUNICIPAL SERVICE / Worker's Compensation FUND / Recreation 004-108-572-012.14 $26 MUNICIPAL SERVICE / Medicare Matching FUND / Recreation 004-108-572-012.17 $7 MUNICIPAL And Development SERVICE FUND / Planning / Regular Salaries 004-204-515-011.12 $479 MUNICIPAL And Development Matching SERVICE FUND / Planning / Social Secunty 004-204-515-012.11 $30 MUNICIPAL SERVICE FUND / Planning And Development / Retirement Contnbution 004-204-515-012.12 $53 MUNICIPAL And Development SERVICE FUND / Planning / Medicare Matching 004-204-515-012 17 $9 MUNICIPAL SERVICE Planning / Regular FUND / County Salanes 004-205-515-011.12 $2.353 MUNICIPAL Planning SERVICE FUND / County / Social Security Matching 004-205-515-012.11 $147 MUNICIPAL Planning SERVICE FUND / County / Retirement Contribution 004-205-515-012.12 S239 MUNICIPAL Planning SERVICE FUND / Worker's Compensation / County 004-205-515-012.14 $8 MUNICIPAL Planning SERVICE FUND / County / Medicare Matching 004-205-515-012.17 $33 MUNICIPAL SERVICE FUND / County Planning / Life Insurance 004-205-515-012.13 $7 MUNICIPAL SERVICE Code Enforce / Regular FUND / Env Plan/ Salanes 004-207-524-011.12 $1,336 MUNICIPAL SERVICE FUND / Env Plan/ Code Enforce / Social Security Matching 004-207-524-012.11 $83 MUNICIPAL SERVICE FUND / Env Plan/ Code Enforce / Retirement Contribution 004-207-524-012.12 $135 MUNICIPAL SERVICE FUND Code Enforce / Worker's Compensation / Env Plan/ 004-207-524-012.14 $9 March 20, 2001 0 38 • TO: Members of the Board of County Commissioners From. Jason E. Brown BUDGET AMENDMENT: 015 DATE: March 14, 2001 March 20, 2001 39 BK 1 7 PG 51 1 • Entry Number Fund/Department/ Account Name Account Number Increase Decrease MUNICIPAL SERVICE FUND / Env Code Enforce / Medicare Matching Plan/ 004-207-524-012.17 $24 MUNICIPAL Regular SERVICE FUND / Parks /- Salaries 004-210-572-011.12 $676 MUNICIPAL Social SERVICE FUND Security Matching / Parks / 004-210-572-012.11 $42 MUNICIPAL SERVICE FUND Retirement Contnbution / Parks / 004-210-572-012.12 $70 MUNICIPAL SERVICE Medicare Matching FUND / Parks / 004-210-572-012.17 $12 MUNICIPAL SERVICE Telecommunications FUND / / Regular Salaries 004-234-537-011.12 $413 MUNICIPAL SERVICE FUND / Telecommunications / Social Security Matching 004-234-537-012.11 $26 MUNICIPAL SERVICE FUND / Telecommunications / Retirement Contnbution 004-234-537-012.12 $42 MUNICIPAL SERVICE FUND / Telecommunications / Medicare Matching 004-234-537-012.17 $7 MUNICIPAL for Contingencies SERVICE FUND / Reserve 004-199-581-099.91 $7 287 RENTAL ASSISTANCE Assistance / Rental / Regular Salaries 108-222-564-011.12 $587 RENTAL ASSISTANCE / Rental Assistance / Social Secunty Matching 108-222-564-012.11 $36 RENTAL ASSISTANCE / Rental Assistance / Retirement Contnbution 108-222-564-012.12 $81 RENTAL ASSISTANCE / Rental Assistance / Medicare Matching 108-222-564-012.17 $11 TRANSPORTATION Bndqes / Regular FUND / Roads and Salanes 111-214-541-011.12 $25,314 TRANSPORTATION Bndqes / Social FUND / Roads Secunty Matching and - 111-214-541-012.11 $1,568 TRANSPORTATION Bndges FUND / Roads and / Retirement Contnbution 111-214-541-012.12 $2.542 TRANSPORTATION FUND Bndges / Worker's Compensation / Roads and 111-214-541-012.14 $1,329 TRANSPORTATION Bndges FUND / Medicare Matching / Roads and 111-214-541-012.17 $366 March 20, 2001 39 BK 1 7 PG 51 1 • TO: Members of the Board of County Commissioners From. Jason E. Brown Entry Number Budget Manager Fund/Depaitment/ Account Name TRANSPORTATION FUND / Roads and Bndges / Life Insurance TRANSPORTATION FUND / Roads and Bridges / Regular Salaries TRANSPORTATION FUND / Public Works / Regular Salaries TRANSPORTATION FUND / Public Works / Social Security Matching TRANSPORTATION FUND / Public Works / Retirement Contnbuton TRANSPORTATION FUND / Public Works / Worker's Compensation TRANSPORTATION FUND / Public Works / Medicare Matching TRANSPORTATION FUND / Public Works / Life Insurance TRANSPORTATION FUND / County Engmeennq / Regular Salanes TRANSPORTATION FUND / County Enqineenng / Social Security Matching TRANSPORTATION FUND / County Enqineenng / Retirement Contnbution TRANSPORTATION FUND / County Enqineenng / Worker's Compensation TRANSPORTATION FUND / County Engineennq / Medicare Matching TRANSPORTATION FUND / County Engmeennq / Life Insurance BUDGET AMENDMENT• 015 Account Number 111-214-541-012.13 111-214-541-011.13 111-243-519 011.12 111-243-519-012.11 DATE: March 14, 2001 Increase Decrease $84 $49 $3,274 111-243-519-012.12 111-243-519-012.14 111-243-519-012.17 111-243-519-012 13 111-244-541-011.12 111-244-541-012.11 111-244-541-012.12 111-244-541-012.14 111-244-541-012.17 $202 $331 $12 $48 $10 $9,504 $590 $974 $41 TRANSPORTATION FUND / Traffic Engineering / Regular Salaries TRANSPORTATION FUND / Traffic Engmeennq / Social Security Matching TRANSPORTATION FUND / Traffic Enqineenng / Retirement Contnbution 111-244-541-012.13 111-245-541-011.12 111-245-541-012.11 $138 $32 $3,559 TRANSPORTATION FUND / Traffic Engmeennq / Workers Compensation TRANSPORTATION FUND / Traffic Enqineenng / Medicare Matching TRANSPORTATION FUND / Traffic Enqineenng / Life Insurance 111-245-541-012.12 111-245-541-012.14 111-245-541-012.17 $221 $373 $14 TRANSPORTATION FUND / Reserve for Contingencies March 20, 2001 BK 40 111-245-541-012.13 111-199-581-099.92 $51 $12 $30.638 • • TO: Members of the Board of County Commissioners From. Jason E. Brown Bud et Manager BUDGET AMENDMENT: 015 DATE: March 14. 2001 March 20, 2001 41 BKiI PG 513 Entry Number Fund/Department/ Account Name Account Number Increase Decrease TRANSPORTATION FUND / Cash Forward 111-199-581-099.91 $20,000 EMERGENCY Services / Regular SERVICE DISTRICT / Fire Salaries 114-120-522-011.12 $25 250 EMERGENCY SERVICE DISTRICT Services / Social Secunty Matching / Fire 114-120-522-012.11 $1,564 EMERGENCY SERVICE DISTRICT /fire Services / Retirement Contnbution 114-120-522-012.12 $4,962 EMERGENCY SERVICE Services / Worker's Compensation DISTRICT / Fire 114-120-522-012.14 $1,229 EMERGENCY SERVICE DISTRICT Services / Medicare Matching / Fire 114-120-522-012.17 $371 EMERGENCY SERVICE DISTRICT / Fire Services / Life Insurance 114-120-522-012.13 $79 EMERGENCY SERVICE Advanced Life Support DISTRICT / Regular / Salaries 114-253-526-011.12 $1,960 EMERGENCY SERVICE DISTRICT / Advanced Life Support / Social Security Matching 114-253-526-012.11 $121 EMERGENCY SERVICE DISTRICT / Advanced Life Support / Retirement - Contnbution 114-253-526-012.12 $197 EMERGENCY Advanced Compensation SERVICE DISTRICT / Life Support / Worker's 114-253-526-012.14 $46 EMERGENCY Advanced Matching SERVICE DISTRICT / Life Support / Medicare 114-253-526-012.17 $28 EMERGENCY SERVICE Advanced Life Support DISTRICT / / Life Insurance 114-253-526-012.13 $6 EMERGENCY SERVICE DISTRICT / Reserve for Contingencies 114-120-522-099.91 $33.455 EMERGENCY SERVICE DISTRICT / Reserve for Contingencies - 114-253-526-099.91 $2,358 IRCLHAP/SHIP / Regular / IRCLHAP/SHIP Program Salanes 123-228-569-011.12 $263 IRCLHAP/SHIP / IRCLHAP/SHIP Program / Social Security Matching 123-228-569-012.11 $16 IRCLHAP/SHIP / IRCLHAP/SHIP Program / Retirement Contnbution 123-228-569-012.12 $28 March 20, 2001 41 BKiI PG 513 TO: Members of the Board of County Commissioners From. Jason E. Brown L Entry Number Budget Manager Fund/Depprtment/ AccountWame IRCLHAP/SHIP / IRCLHAP/SHIP Program / Medicare Matching Account Number BUDGET AMENDMENT- 015 DATE: March 14, 2001 Increase Decrease 123-228-569-012.17 GUN RANGE / Recreation / Regular Salaries 412-108-575-011.12 $5 $560 GUN RANGE / Recreation / Social Security Matching 412-108-575-012.11 $35 GUN RANGE / Recreation / Retirement Contribution 412-108-575-012.12 $47 GUN RANGE / Recreation / Worker's Compensation 412-108-575-012.14 $11 GUN RANGE / Recreation / Medicare Matching 412-108-575-012.17 $10 SOLID WASTE DISPOSAL DISTRICT / Refuse Disposal / Regular Salaries 411-209-534-011.12 $720 SOLID WASTE DISPOSAL DISTRICT / Refuse Disposal / Social Security Matching 411-209-534-012.11 $45 SOLID WASTE DISPOSAL DISTRICT / Refuse Disposal / Retirement Contnbution 411-209-534-012.12 $92 SOLID WASTE DISPOSAL DISTRICT / Refuse Disposal / Workers Compensation 411-209-534-012.14 $87 SOLID WASTE DISPOSAL DISTRICT / Refuse Disposal / Medicare Matching 411-209-534-012.17 SOLID WASTE DISPOSAL DISTRICT / Sanitary Landfill / Regular Salaries 411-217-534-011.12 $12 $3,613 SOLID WASTE DISPOSAL DISTRICT / Sanitary Landfill / Social Security Matching 411-217-534-012.11 $225 SOLID WASTE DISPOSAL DISTRICT / Sanitary Landfill / Retirement Contribution 411-217-534-012.12 $348 SOLID WASTE DISPOSAL DISTRICT / Sanitary Landfill / Workers Compensation 411-217-534-012.14 $188 SOLID WASTE DISPOSAL DISTRICT / Sanitary Landfill / Medicare Matching 411-217-534-012.17 $53 SOLID WASTE DISPOSAL DISTRICT / Sanitary Landfill / Life Insurance 411-217-534-012.13 $13 SOLID WASTE DISPOSAL DISTRICT / Recycling / Regular Salaries 411-255-534-011.12 March 20, 2001 42 8 PG514 $7,518 • • TO: Members of the Board of County Commissioners From. Jason E. Brown Budget Manager Entry Number Fund/Department/ Account Name Account Number BUDGET AMENDMENT: 015 DATE: March 14. 2001 March 20, 2001 43 3M H PG 515 SOLID WASTE Recycling DISPOSAL DISTRICT / / Social Security Matching 411-255-534-012.11 $465 SOLID WASTE DISPOSAL DISTRICT / Recycling / Retirement Contnbution 411-255-534-012.12 $755 SOLID WASTE DISPOSAL Recychnq / Worker's Compensation DISTRICT / 411-255-534-012.14 $648 SOLID WASTE Recycling DISPOSAL DISTRICT / Medicare Matching / 411-255-534-012.17 $110 SOLID WASTE Recycling DISPOSAL DISTRICT / / Life Insurance 411-255-534-012.13 $25 SOLID WASTE DISPOSAL DISTRICT / Cash Forward 411-217-534-099.92 $14,917 GOLF Regular COURSE / Food And Beverage / Salaries 418-232-572-011.12 $282 GOLF COURSE / Food Social Secunty Matching And Beverage / 418-232-572-012.11 $17 GOLF COURSE / Food And Beverage / Retirement Contribution 418-232-572-012.12 $22 GOLF COURSE Worker's Compensation / Food And Beverage / 418-232-572-012.14 $9 GOLF COURSE / Medicare Matching Food And Beverage / 418-232-572-012.17 $4 - GOLF Operations COURSE / Admin/Clubhse / Regular Salanes 418-236-572-011.12 $1,662 GOLF COURSE / Admin/Clubhse Operations / Social Secunty Matching 418-236-572-012.11 $103 GOLF Operations COURSE / Admin/Clubhse / Retirement Contnbution 418-236-572-012.12 $120 GOLF Operations COURSE / Admin/Clubhse / Worker's Compensation 418-236-572-012.14 $102 GOLF Operations COURSE / Admin/Clubhse / Medicare Matching 418-236-572-012.17 $23 GOLF Operations COURSE / Admin/Clubhse / Life Insurance 418-236-572-012.13 $6 GOLF Operations COURSE / Admin/Clubhse / Regular Salanes 418-236-572-011.13 $152 GOLF Operations COURSE / Admin/Clubhse / Social Security Matching 418-236-572-012.11 $13 GOLF Operations COURSE / Admin/Clubhse / Retirement Contnbution 418-236-572-012.12 $15 GOLF COURSE / Cash Forward 418-236-572.099.92 $2,530 March 20, 2001 43 3M H PG 515 TO: Members of the Board of County Commissioners From. Jason E. Brown Budget Manager BUDGET AMENDMENT: 015 DATE: March 14, 2001 Entry Fund/Depahrnent/ Number Account Name Account Number Increase Decrease BUILDING DEPARTMENT / Budding Department / Regular Salanes 441-233-524-011.12 BUILDING DEPARTMENT / Building $7.665 Department / Social Security Matching 441-233-524-012.11 $476 BUILDING DEPARTMENT / Building Department / Retirement Contribution 441-233-524-012.12 $780 BUILDING DEPARTMENT / Budding Department / Worker's Compensation 441-233-524-012.14 $47 BUILDING DEPARTMENT / Budding Department / Medicare Matching 441 233-524-012.17 $111 BUILDING DEPARTMENT / Budding Department / Life Insurance 441-233-524-012.13 $25 UTILITY SERVICES / Wastewater Treatment / Regular Salaries 471-218-536-011.12 UTILITY SERVICES / Wastewater $3,917 Treatment / Social Secunty Matching 471-218-536-012.11 $245 UTILITY SERVICES / Wastewater Treatment / Retirement Contnbution 471-218-536-012.12 UTILITY SERVICES / Wastewater $393 Treatment / Worker's Compensation 471-218-536-012.14 UTILITY SERVICES / Wastewater $135 Treatment / Medicare Matching 471-218-536-012.17 $56 UTILITY SERVICES / Wastewater Treatment / Life Insurance 471-218-536-012.13 $13 UTILITY SERVICES / Water Production / Regular Salaries 471-219-536-011.12 UTILITY SERVICES / Water Production / $2.097 Social Security Matching 471-219-536-012.11 UTILITY SERVICES / Water Production / $146 Retirement Contnbution 471-219-536-012.12 UTILITY SERVICES / Water Production / $211 Worker's Compensation 471-219-536-012.14 $73 UTILITY SERVICES / Water Production / Medicare Matching 471-219-536-012.17 $31 UTILITY SERVICES / Water Production / Life Insurance 471-219-536-012.13 $6 UTILITY SERVICES / General & Engineering / Regular Salaries 471-235-536-011.12 UTILITY SERVICES / General & $4,820 Engineennq / Social Secunty Matching 471-235-536-012.11 $298 UTILITY SERVICES / General & Engineenng / Retirement Contribution 471-235-536-012.12 $504 March 20, 2001 BK X 516 44 • TO: Members of the Board of County Commissioners From. Jason E. Brown Budget Manager BUDGET AMENDMENT: 015 DATE: March 14, 2001 March 20, 2001 45 BK 1 1 7 PG 517 • Entry Number Fund/Department/ Account' Name Account Number Increase Decrease UTILITY Engineering SERVICES / General / Worker's Compensation & 471-235-536-012.14 $16 UTILITY Engineering SERVICES / General & / Medicare Matching 471-235-536-012.17 $70 UTILITY Engineering SERVICES / General & / Life Insurance 471-235-536-012.13 $14 UTILITY Regular SERVICES / Customer Service / Salaries 471-265-536-011.12 $6 212 UTILITY Social SERVICES / Customer Security Matching Service / 471-265-536-012.11 $384 UTILITY SERVICES / Customer Service / Retirement Contribution 471-265-536-012.12 $621 UTILITY SERVICES Worker's Compensation / Customer Service / 471-265-536-012.14 $149 UTILITY SERVICES Medicare Matching / Customer Service / 471-265-536-012.17 $90 UTILITY SERVICES / Customer Service / Life Insurance 471-265-536-012.13 $18 UTILITY SERVICES / Wastewater Collection / Regular Salaries 471-268-536-011.12 $1,303 UTILITY SERVICES / Wastewater Collection / Social Security Matching 471-268-536-012.11 $81 UTILITY SERVICES / Wastewater Collection / Retirement Contribution 471-268-536-012.12 $122 UTILITY SERVICES / Wastewater Collection / Worker's Compensation 471-268-536-012.14 $49 UTILITY SERVICES / Wastewater Collection / Medicare Matching 471-268-536-012.17 $19 UTILITY Regular SERVICES / Water Distribution / Salaries 471-269-536-011.12 $5,940 UTILITY SERVICES / Water Social Security Matching Distribution / 471-269-536-012.11 $368 UTILITY SERVICES / Water Distnbution / Retirement Contnbution 471-269-536-012.12 $594 UTILITY SERVICES Worker's Compensation / Water Distnbution / 471-269-536-012.14 $204 UTILITY SERVICES / Water Distribution / Medicare Matching 471-269-536-012.17 $85 UTILITY SERVICES / Water Distnbution / Life Insurance 471-269-536-012.13 $19 FLEET MANAGEMENT Maintenance / Regular / Vehicle Salanes 501-242-591-011.12 $1,445 March 20, 2001 45 BK 1 1 7 PG 517 • TO: Members of the Board of County Commissioners BUDGET AMENDMENT: 015 DATE: March 14 2001 7.L. Proclamation and Retirement Award to William A. Green on His Retirement from Public Works Department, Road and Bridge Division March 20, 2001 Entry Number Fund/Department/ Account Mame Account Number Increase Decrease FLEET MANAGEMENT / Vehicle Maintenance / Social Secunty Matching 501-242-591-012.11 $91 FLEET MANAGEMENT / Vehicle Maintenance / Retirement Contribution 501-242-591-012.12 $146 FLEET MANAGEMENT / Vehicle Maintenance / Worker's Compensation 501-242-591-012.14 $54 FLEET MANAGEMENT / Vehicle Maintenance / Medicare Matching 501-242-591-012.17 $22 FLEET MANAGEMENT / Vehicle Maintenance / Life Insurance 501-242-591-012.13 $5 4. EXPENSES EMERGENCY SERVICE DISTRICT / Fire Services / Station Payments 114-120-522-066.11 $7,000 EMERGENCY SERVICE DISTRICT / Fire Services / Contingencies 114-120-522-099.91 $7,000 5. EXPENSES GENERAL FUND / B.C.C. Operations / Professional Services 001-101-511-033.49 $4,250 GENERAL Contingencies FUND / Reserves for 001-199 581-099.91 $4 250 7.L. Proclamation and Retirement Award to William A. Green on His Retirement from Public Works Department, Road and Bridge Division March 20, 2001 PROCLAMATION HONORING WILLIAM A. GREEN ON HIS RETIREMENT EFFECTIVE MARCH 22, 2001 WHERE AS Bill has announced his retirement from the Public Works Department, Road & Bridge Division, and Indian River County Board of County Commissioners effective March 22. 2001; and WHERE AS Bill has been employed with Indian River County since July 18, 1986. During his tenure with the County, Bill began as a Grader Operator on the Petition Paving crew. Then in 1987, he was promoted to Finish Grader Operator, and he performed his duty in this capacity with Pride and Excellence for the next five years. In October of 1991, Bill transferred to the position of Operator I where his job was to grade the unpaved roads in Fellsmere, Roseland and Wabasso which is the position he holds today; and WHEREAS, Bill has always received excellent or above average evaluations; and WHEREAS Bill served the Road & Bridge Division, Indian River County and its citizens with commitment and dedication. Those of us who have worked with Bill and those who have traveled the roads in his care will sorely miss him and on this day of Retirement wish him many wonderful years of joy and happiness; and NOW, THEREFORE, BE IT PROCLADVIED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA that the Board expresses their deep appreciation for the dedicated service William A. Green has given to Indian River County over the past fourteen years; The Public Works Department of Indian River County wishes to express their appreciation to Bill for an outstanding career on behalf of Indian River County and extend our heartfelt wishes for his success in his future endeavors. Dated this 20th day of March 2001. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY -S Caroline Ginn, hairman March 20, 2001 BK 1 1 7 PG 5 1 9 (This is to ratify that We Ilea 4 gz is !Intim prrsrntrb this Erfirrmrn# Awath fnr nutstanting prrfnrmanrr aid) faithful set -flirt to 9ndian %iue4, Ccrar4 /'a g ecus* fnr G cs2 een years of srruirr boost 2a4iis March 20, 2001 • 9.A.1. PUBLIC HEARING - ORDINANCE NO. 2001-003 - LAND DEVELOPMENT REGULATION (LDR) AMENDMENT - NORTH BARRIER ISLAND CORRIDOR SPECIAL REGULATIONS - ADOPTION AND APPOINTMENTS TO NORTH BARRIER ISLAND CORRIDOR ON-GOING REVIEW COMMITTEE (BILL GLYNN, ERNIE POLVERARI, AND BILL JOHNSON) (Legislative) PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK FO THE BOARD Planning Director Stan Boling reviewed a Memorandum of March 7, 2001 with the aid of a site map (page 115 of the backup) and color -enhanced locator maps (pages 119 and I ?0 of the backup): TO: James Chandler, Countv Administrator DIV I HEAD CONCURRENCE: X24 , Robert M. Keating, AICP� Community Development Dire r FROM: Stan Boling. P Planning Director DATE: March 7. 2001 SUBJECT: LDR Amendment. North Barrier Island Corridor Special Regulations It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its meeting of March 20 2001. BACKGROUND: As an outgrowth of the Wabasso Corridor Plan and subsequent CR 510 East Corridor planning activities and regulations. the Board of County Commissioners established the North Barrier Island Task Force to formulate and help implement special corridor regulations for the North Barrier Island. The Board indicated that a new corridor of special regulation should run along SR A I -.A. north of the town of Indian River Shores. and along CR 510. and should emulate the Wabasso Corridor and CR 510 East Corridor requirements. Subsequently, the Task Force met on November 16 and December 12, 2000 and unanimously recommended that the Board of County Commissioners adopt the proposed North Barrier Island Corridor special regulations (LDRs). March 20, 2001 49 BK 11/PG521 as ■ PZC AND PSAC Consideration: Both the Professional Services Advisory Committee (PSAC) and the Planning and Zoning Commission (PZC) have reviewed the proposed regulations. On January 15. 2001, the PSAC voted to recommend approval of the regulations with some minor modifications. Staff agreed with these modifications and incorporated them into the proposal considered by the PZC at its January 25, 2001 meeting. At its meeting the, PZC discussed the issue of special corridor lighting regulations. Citing concerns about sea turtle lighting and "over lighting", the PZC voted to recommend approval of the modified regulations with further changes that would prohibit, rather than merely shield, certain types of lighting (such as high pressure sodium and mercury vapor) within the corridor. Because such a prohibition would involve technical development issues, staff informed the PZC that staff would present these proposed changes to the PSAC which would review the con-idor lighting issue and provide its recommendation to the Board on that issue. When the PSAC considered the corridor lighting issue at its February 15, 2001 meeting, it concluded that light shielding and lighting intensity issues should be addressed. However, the PSAC differed with the PZC's recommended approach. The PSAC recommends putting the current "standard corridor" light shielding requirements into the proposed regulattons0and addressing the lighting intensity issue later, with technical standards rather than by imposing a blanket prohibition on certain types of lighting. Based on the PSAC's recommendation. the PSAC and staff are researching various approaches to address lighting intensity and will be making separate recommendations on that issue in the future. Staff agrees with the PSAC s approach and desires to move forward with corridor regulations rather than delaying adoption to allow time to address technical lighting details. Thus. the PZC recommends that the Board adopt the North Barrier Island Corridor special regulations with the lighting subsection of those regulations to contain a prohibition of certain types of lighting (see attachment #9). The PSAC and staff recommend that the Board adopt the North Barrier Island Corridor special regulations with the lighting subsection of the regulations requiring shielding of lighting but no outright prohibitions. ANALYSIS: • North Barrier Island Development: Predominately Residential The north barrier island is almost entirely zoned for residential and conservation uses. Remaining agriculturally zoned properties (south side of CR 510 west of Jungle Trail. and the north Jungle Trail area), are designated on the Comprehensive Plan for future residential development The only commercially zoned area in the unincorporated area of the county on the North Barrier Island is at CR 510 and SR A -1-A. That commercial area is small and contains the restaurant and inn portion of the Disney residential resort. the Wabasso beach shops and offices. and the office/commercial building at the northwest comer of CR 510 and SR A -1-A In essence. there is no vacant commercial acreage in the unincorporated area and it is anticipated that no additional commercial land use designation amendments/rezonings would be approved on the North Barrer Island. Therefore. further development of the North Barrier Island will consist of a few new residential projects. some single family home re -builds", public improvements, and perhaps some redevelopment of existing office/commercial facilities. • Models: Wabasso Corridor and CR 510 East Corridor Regulations The Wabasso Corridor Plan was initially adopted in 1995 and originally focused on non-residential development and public projects (e.g. road projects, Causeway landscaping). The Wabasso Corridor March 20, 2001 BKii1PG522 50 A • Plan covers mainland and North Barrier Island areas (see attachment #2). Subsequently, that plan and corresponding development regulations were amended to address certain aspects of residential development by incorporating elements of the SR 60 Corridor Plan (adopted 1998). More recently additional requirements. which focus primarily on residential issues, were applied to a sub -area of the Wabasso Corridor Plan area That sub -area is known as the CR 510 East Corridor which runs along CR 510 from US#1 to the Atlantic Ocean (see attachment #3). The result is that the Wabasso Corridor and CR 510 East Corridor requirements are a comprehensive set of development regulations for non-residential and residential development that already apply to a portion of the North Barrier Island. As such. they are an appropriate model for the entire North Barrier Island, and the North Barrier Island Task Force used them as a model As a result. the proposed North Barrier Island regulations consist of the Wabasso Corridor and CR 510 East Corridor regulations. with only minor adjustments. • North Barrier Island Corridor Area: The area affected by the proposed regulations is limited to a fairly small but visually prominent area along CR 510 and SR A -1-A. In accordance with the area defined in the CR 510 East Corridor regulations, the North Barrier Island Corridor is proposed to cover the area within 300' of the centerline of CR 510. as well as the area within 300 of the centerline of SR AA. Thus. the corridor includes road right-of-way and the first ±250' of parcel depth along both sides of CR 510 and SR A- 1 -A ( see attachment #4). The proposed corridor area runs long CR 510 and SR A -1-A from the west shore of the Indian River Lagoon to the Atlantic Ocean. and along SR A -I -A from the Town of Indian River Shores to the Sebastian Inlet. Although the corridor "skips o'er" the corporate cite limits of the Town of Orchid. Orchid s town manager served on the task force, and supports the corridor plan and regulations • Proposed Regulations: The proposed regulations will not apply to development or redevelopment of residential single family homes and accessory uses/structures to such homes. Other types of development and redevelopment projects (site plans. PDs, subdivisions will be subject to the regulations, which include: . Upgraded SR A -1-A and CR 510 landscaping and foundation planting requirements (same as CR 510 East Condor and SR 60 Corridor) . Entry feature restrictions (same as CR 510 East Corridor) • • • • Signage restrictions (same as Wabasso Corridor, CR 510 East Corridor and SR 60 Corridor) Architectural/building standards (same as CR 510 East Corridor and SR 60 Corridor) Lighting Requirements Note: Staff and the PSAC recommend adoption of the county's "standard" corridor light shielding requirements. The Planning and Zoning Commission recommends prohibiting certain types of lighting. CR 510 planting theme (same as Wabasso Corridor and CR 510 East Corridor) March 20, 2001 51 61< 1 1 75 3 77.7 An on-going review committee to co -review with staff projects located within the corridor (same as Wabasso Corridor and SR 60 Comdor) Non -conformities and "compatible properties" requirements (same as SR 60 Corridor) • Public sector development guidelines (adapted from SR 60 Corridor) The substance of these proposed regulations is the same as the Wabasso, CR 510 East. and SR 60 corridor requirements which have previously been reviewed by the Professional Services Advisory Committee Planning and Zoning Commission and Board of County Commissioners. There are some modifications needed to the existing Wabasso Corridor special regulations. These modifications involve deleting the CR 510 East Corridor requirements within LDR Section 911.18 since those requirements are being replaced by the North Barrier Island Corridor requirements of section 911.20. In addition. the boundaries of the Wabasso Corridor along a portion of CR 510 need to be amended to properly define the eastern limits of the Wabasso Corridor and the western limits of the North Barrier Island Corridor. The result of the proposed boundary adjustment is that the Wabasso Corridor and North Barrier Island Comdor will overlap only along the segment of CR 510 that traverses the Indian River Lagoon As a result, projects proposed along that CR 510 segment will be reviewed by the on-going review committees of both task forces. • On-going Review Committee Both the Wabasso and SR 60 corridor regulations include the involvement of citizens via on-going review committees. Members of these committees are contacted by staff regarding development proposals within the corridors and members provide project review input at various public meetings (i.e pre -application conferences, TRC. PZC. and BCC meetings). Such a committee is needed for the North Barrier Island Corridor To establish this group, the Board needs to appoint members to it. The North Barrier Island Task Force has recommended that the Board appoint the following people to serve on the North Barrier Island Corridor On-going Review Committee: - Bill Glynn - Ernie Polverari - Bi11 Johnson Staff notes that these three people have served on the North Barrier Island Task Force and have extensive knowledge of the corridor area and planning process. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners. (1) Adopt the proposed North Barrier Island Corridor special regulations ordinance as recommended by staff in attachment #5. and (2) Appoint the following people as members of the North Barrier Island Corridor On-going Review Committee: Bill Glynn. Ernie Polverari. and Bill Johnson. March 20, 2001 BK 1 b 524 ATTACHMENTS: 1. North Barrier Island Zoning Map '_. Wabasso Corridor Plan Area Map CR 510 East Corridor Map 1. North Barrier Island Corridor Area Map �. Proposed North Barrier Island Special Regulations Ordinance 6. North Barrier Island Task Force Minutes PZC Minutes 8. PSAC Minutes 9. PZC Recommended Lighting Prohibitation Wording Vice Chairman Stanbridge wanted to be certain that the signage regulations would not prohibit signage concerning historic preservation sites and she wanted to make it perfectly clear that this ordinance had nothing to do with Jungle Trail. Chairman Ginn expressed her negative opinion of planting grass that gives the appearance of being "dead", and Commissioner Tippin interjected that it is a native grass and that during a drought it always looks dead. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. William G. Glynn, 1802 Barefoot Place, Vero Beach, spoke in favor of the proposed ordinance, and reminded the Commissioners they can make changes in the future if necessary. Chairman Ginn thanked him for serving, and Vice Chairman Stanbridge agreed the committee had done an excellent job. Chip Landers, 132018th Avenue SW, spoke as a realtor about private property rights. He espoused that it is not within the realm of government to dictate the use of property, they can encourage but should not legislate. March 20, 2001 BKfliPG525 Planning Director Stan Boling responded that there were no architectural requirements in this proposed ordinance. It deals with site plans and PD entryways. The log cabin prohibition is not in this ordinance. Mr. Glynn advised he is also a member of the Board of Realtors and commented this proposed ordinance took two years to bring to this point. He pointed out that the residents of Summerplace support it as does the Disney Resort and (Town of Orchid Town Manager) Ernie Polverari. He believed that government was not trying to tell anyone how to develop their property. Vice Chairman Stanbridge pointed out that the proposed regulations are detailed in the memorandum on pages 111-112. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Vice Chairman Stanbridge, SECONDED BY Commissioner Adams, the Board unanimously adopted Ordinance 2001-003 amending the Land Development Regulations (LDRs), Chapter 911, Zoning, (North Barrier Island Corridor Special Regulations) and appointed Bill Glynn, Ernie Polverari, and Bill Johnson to the North Barrier Island Corridor On-going Review Committee. (CLERK'S NOTE • FIGURES 1-13 REFERRED TO IN THIS ORDINANCE ARE ON FILE WITH THE ORIGINAL IN THE OFFICE OF THE CLERK TO THE BOARD ) March 20, 2001 54 BK ^ 26 17; • ORDINANCE NO. 2001-003 AN ORDINANCE OF INDIAN RIVER COUNTY. FLORIDA, AMENDING THE FOLLOWING CHAPTER OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 911, ZONING; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: 1. North Barrier Island Special Corridor Regulations The North Barrier Island Corridor special development regulations are hereby established by creating Zoning Chapter 911 subsection 911.20, to read as follows: Section 911.20 North Barrier Island Corridor special development regulations (1) Purpose and intent. The overall purpose and intent of these regulations is to: (a) Preserve and enhance the appearance of the North Barrier Island community, particularly with respect to the scenic appearance of CR 510 and SR A -1-A. (b) Recognize, preserve. and enhance the character of the north barrier island community; (c) Increase property values in the north barrier island; (d) Prevent the establishment of incompatible land uses and unattractive developments in the corridor; (e) Make the north barrier island area consistent with the following vision statement: The scenic North Barrier Island area will retain the feeling of an uncluttered. well maintained residential community Attractive landscaping and special development design considerations for private development and public sector projects will preserve and enhance the natural beauty and scenic vistas that give the North Barrier Island area its special character. Additionally the area will be characterized by scenic, safe, and uncongested roads. and by low-rise, low-density residential neighborhoods. March 20, 2001 BK II7PG527 ORDINANCE NO. 2001-003 (2) Boundaries of the North Barrier Island Corridor. The boundaries ofBarrier North Corridor are as shown on the county's official zonin atlas. Gene allthe the boundaries cover the area within three hundred (300) feet of either side of the centerline of CR 510 from the edge of the western shore of the Indian River La • oon to the Atlantic Ocean, and the area within 300 feet of either side of the centerline of SR A -1-A from the northern limits of the Town of Indian river Shores to the Sebastian Inlet. ecifc develo ment re Barrier Island Corridor, the following s ment that re ulations within the North Barrier Island Corridor. In the North ecial re ulations shall a re-develo or re-develo vires site ment of individual sin homes. S.ecial regulations, as s develo ment site le-farnil Iv to new develo royal, and shall not a homes and accesso ecified herein, shall a ment or to develo ment uses/structures to such to all new develo Ian .ro'ects within the North Barrier Island Corridor, as defied herein re - Prohibited uses: The following land uses shall be prohibited: I • Outdoor display of automobiles/motorized vehicles for sale or rental 2• Outdoor display of mobile homes for sale or rental 3. Outdoor display of boats for sale or rental; 4. Drive-in theaters; 5. Recycling centers; 6• Commercial telecommunications towers: 7. Flea markets; 8. Transient merchant uses: and 9. Tem.orant sales events that reuire tem.orary use .ermits and are conducted outside of enclosed buildings. S.ecificall (within there shall be no outside dis.lay of merchandise on or easements) or rights-of-wa ublic nohts-of-wa merchandise shall be allowed on 1 zoning district re ublic sidewalks Outside dis.lay of rovided, however that outside buildin • s occu.ied by on sidewalks abuttin no the merchandise. All other uses shall com ulations. Iv with a icable (b) Restricted uses and North Barrier Island Corridor s.ecial re; ulations: 1. Within the .Ian area, vehicle ba s or stalls such as those associated with March 20, 2001 ORDINANCE NO. 2001-003 vehicle repair and car wash uses are allowed IF such bays or stalls are oriented and screened from view of SR A -1-A and CR 510 by provision of a Type "B" buffer with four foot opaque feature. 2 Real estate signs: Real estate signs are allowed as authorized in the counts sign ordinance (Chapter 956). However, no real estate sign shall remain on display for more than fifteen (15) days after the date of closing 3. Special buffer for multi -family, planned development. and subdivision projects: Multi -family, planned development. and subdivision projects shall provide the CR 510 and SR A -1-A landscape buffer (as specified herein) with a six-foot opaque feature. Where a wall or fence is used. such wall or fence shall be located within the middle one-third of the buffer strip's width (measured perpendicular to CR 510 and A -1-A), and landscaping material shall be planted on each side of the wall or fence. Canopy fascia restrictions: Any canopy (such as for a gas station. car wash, or drive through facility) that is wholly or partially within seventy-five (75) feet of the CR 510 or SR A -1-A road right-of-way shall meet the following requirements concerning maximum fascia height (this pertains to all fascia on the above described canopy. including any canopy facia that continues beyond the seventy -five-foot limit). Roof Slope Distance Maximum Facia Height Less than 10 feet 8 inches 10 to 20 feet 12 inches Greater than 20 feet 16 inches 5. Fiberglass and asphalt shingles: Fiberglass and asphalt shingles (except in residentially designated areas) are prohibited on any roof which is visible from any roadway and/or residentially designated area, unless such shingles are an upgraded shingle designed to imitate something other than asphalt or fiberglass (e g. shake or tile). Such imitations may be approved by March 20, 2001 SKEi7PG529 ORDINANCE NO. 2001-003 the planning and zoning, after a recommendation from the on-going review committee, if the following criteria are satisfied: The product shall appear authentic from the closest distance that it will be viewed by the general public. The product shall be substantial Thin flimsy imitations are unacceptable. c. The product shall hold up as well as the product it is imitating. That is it must be fabricated in such a way that it will retain its original shape, appearance, and color, as well as the product it is imitating. 3_ The product's color shall resemble the color of the product it is imitating 6. Project entry features: Project entry features such as walls and archways shall be Limited to a maximum height of eight (8) feet above the project grade. In addition, where a wall or archway is proposed, foundation plantings shall be provided on the CR 510 and SR A -1-A sides of such wall or archway as specified herein for commercial buildings up to twelve (12) feet high. Said foundation plantings shall be credited toward satisfying any required CR 510 and SR A -1-A landscape buffer. Project entry features such as guardhouses which have sloped roofs are allowed if located no closer than one hundred twenty-five (125) feet from the centerline of CR 510 and/or SR A -1-A and are no taller than twenty (20) feet above grade at the top of the highest roof element. (c) Exemptions. Electrical substations and similar uses that prohibit access by the public onto the site may be exempted from architectural/building requirements, if the exempted building(s) and equipment will be visually screened from adjacent properties and roadways. Historic Buildings and Resources: In accordance with future land use element objective 8 and LDR Chapter 933, historic buildings and resources identified in the "Histonc Properties Survey of Indian River County, Florida" or identified by the Historic Resources Advisory Committee, and located within the North Barrier Island Comdor are exempt from special North Barrier Island Comdor Plan requirements to the extent that applying the special Comdor March 20, 2001 ORDINANCE NO. 2001-003 requirements would: a. Conflict with the preservation or restoration of a historic building or resource. or Threaten or destroy the historical significance of an identified historic building or resource Said exemption shall be reviewed by and be granted by the planning and zoning commission upon receiving a recommendation from staff and the Historic Resources Advisory Committee. 3. Individual single-family homes and uses and structures accessory to individual single-family homes shall be exempt from the North Barrier Island Corridor special regulations. (d) Special sign regulations. (1) Scope: These special regulations consist of additional requirements above and beyond the county sign ordinance and shall supersede any less restrictive provisions found in the sign ordinance All signs shall comply with the requirements of the sign ordinance except as modified by these special sign regulations. (2) Approval for change of sign design required: Any exterior change to North Barrier Island Corridor signage which was originally required to comply with these special sign regulations shall require review and approval by the community development department. Such changes shall include, but not be limited to, changes of: sign area (square footage). sign copy area (square footage). height. shape. style. location. colors. materials or method of illumination. Routine maintenance and replacement of materials which do not affect the approved design shall be exempt from this review and approval. Changes to signs not originally required to comply with these special sign regulations are addressed in the "nonconforming signs" section of these regulations. (3) Prohibited signs (this is in addition to sign ordinance section 956.12 prohibitions): The following are prohibited: Prohibited signs: March 20, 2001 BKII7PG531 ORDINANCE NO. 2001-003 a. Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color. Public signs permitted pursuant to sign ordinance section 956.11(2)(b) are excluded from this prohibition and are allowed. Electronic message boards and message centers, electronic adjustable alternation displays. or any sign that automatically displays words, numerals, and or characters in a programmed manner. Traffic regulatory and directional signs permitted pursuant to sign ordinance section 956.11(2)(b) are excluded from this prohibition and are allowed. c. Portable or trailer style changeable copy signs. d. Signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy. e. Strings of light bulbs used on non-residential structures for commercial purposes. other than traditional holiday decorations at the appropriate time of the year. Signs that emit audible sound, odor, or visible matter, such as smoke or steam. Plastic or glass sign faces (including but not limited to: acrylic. Lexana. or Plexiglask). High density polyurethane and PVC are exempt from this prohibition. Portions of a sign which are changeable copy are exempt from this prohibition When used in conjunction with cut-out or routered metal cabinets. plastic used only for copy or logos is exempt from this prohibition. Plastic used for illuminated individual channel letters or logos is exempt from this prohibition Although highly discouraged. a plastic sign face will be allowed only when all of the following requirements are met for the plastic portions of a sign: i. Plastic shall be pan formed faced (embossed and/or debossed copy and logos are encouraged). ii. Regardless of the opaqueness of a sign, all plastic signage backgrounds shall be a dark color to reduce light transmission March 20, 2001 ORDINANCE NO. 2001-003 from signage background); white background shall not be allowed. All signage background colors shall be limited to those colors with a formula having a minimum black content of eleven (I 1) percent, and a maximum white content of forty-nine (49). Color formulas will be based on the Pantone Matching Systemk. iii. All color must be applied on the "second surface" (inside face of plastic). iv. Nothing shall be applied to the "first surface" (outside face of plastic) (i e. paint. vinyl, etc.,) Neon and similar tube. fiber optic, and intense linear lighting systems. where the neon or lighting tube or fiber is visible. Plywood used for permanent signs. Any material used in such a manner for a permanent sign that results in a flat sign without dimension. having a semblance to a "plywood or temporary looking sign." Installation of an additional sign (or signs) that does not harmonize with the design or materials of the initial sign. such as: i. Rear illuminated plastic faced sign with a "wood look" front illuminated sign. ii. Combination of signs with cabinets, faces or structure of awkwardly different materials or proportions. iii. Attachment or mounting of signs where mounting hardware is left exposed. iv. Signs with different color cabinets. frames, or structure. 1. Individual styrofoam, plastic or wood letters or the like exceeding four (4) inches in height for use on any permanent monument. freestanding, roof, wall, or facade signs. This prohibition does not apply to illuminated individual metal channel letters or the plastic March 20, 2001 BK i 7 FG 5 3 3 ORDINANCE NO. 2001-003 letter typically used for changeable copy signs. (4) Signs that are encouraged: a. Shaped and fashioned "wood look" multi level signs (i.e.; sand blasted or carved), and signs having durable sign cabinet material such as high density polyurethane and PVC, rather than actual wood or MDO. b. Internally illuminated aluminum cabinet with textured finish, and cut- out inset or push through acrylic letters. (Note that color may be applied to the "first surface" on push through acrylic letters for this type of sign.) c. Backlit reverse pan channel letters (opaque faced) mounted on sign that is harmonious with the project's architecture d Signage that relates to the building's style of architecture and materials. e. Thematic signage. f. Changeable copy signs that have a dark opaque background with translucent lettering. (5) Reduction in sign sizes and dimensions; Modifications to Table 1 (freestanding signs) and Table 2 (wall signs), Schedule of Regulations for Permanent Signs Requiring Permits, Chapter 956 sign ordinance a. Freestanding signs: Maximum cumulative signage: Reduce to fifty (50) percent of what is allowed in Table 1. ii. Maximum signage on a single face: Reduce to fifty (50) percent of what is allowed in Table 1. iii. Maximum height: Reduce to thirty (30) percent of what is allowed in Table 1, but no less than six (6) feet and no greater than ten (10) feet March 20, 2001 ORDINANCE NO. 2001-003 iv. For development involving sites of forty (40) acres or more. the ten (10) foot sign height requirement may be waived by the board of county commissioners if the development project applicant prepares and the board of county commissioners approves a sign package that reduces the total sign area otherwise allowed under the corridor plan and sign ordinance by ten (10) percent or more. Outparcels on larger sites shall comply with the six (6) feet to ten (10) foot height limitations specified above. v. Required setbacks from property lines or right-of-way: One (1) foot subject to satisfaction of sight distance requirements. vi. Number of allowable signs per street frontage: No waivers shall be approved that would reduce the required minimum of two hundred (200) feet of separation between signs along the same street frontage found in Footnote #2 of Table 1 of the sign ordinance. (See Figure F -I at the end of Section 911.18) b. Wall/facade signs. i. Maximum sign area allowed: Reduce to fifty (50) percent of what is allowed in Table 2. (6) Colors: The following colors are encouraged for signage: i. Use of earth -tone colors and pastels. H. Darker backgrounds with light color sign copy. iii. Use of colors that match or are compatible with the project's architecture. iv. Colors such as medium or dark bronze are acceptable and encouraged. Polished or weathered true bronze brass. or copper metal finishes are acceptable and encouraged. Precious metal colors are allowed on sand blasted or carved "wood look' style signs. b. The following colors are prohibited for signage: March 20, 2001 BK i 7 PG 535 ORDINANCE NO. 2001-003 i. The use of shiny or bright metallic or mill finish colors (i.e.; rold, silver. bronze, chrome, aluminum, stainless steel, etc.). ii. The use of garish colors, such as fluorescent. The use of black for signage background. Changeable copy signage is excluded from this prohibition. (7) Multi -tenant spaces: Applicants of proposed multi -tenant projects, such as shopping centers, out parcels, industrial complexes and parks, and office complexes and parks, shall submit a sign program for review and approval. This sign program shall identify the coordination and consistency of design, colors, materials, illumination, and locations of signage. In a multi -tenant project where no established pattern. as described above exists, the owner of the multi -tenant project shall submit a sign program for approval prior to issuance of any new sign permits for a tenant space. (8) Design criteria and additional restrictions: a. Freestanding signage: All freestanding signs shall be of a wide -based monument style. Pole signs are discouraged, but may be permitted when the supporting structures are completely screened from view with landscaping or berm features. Said Landscaping and/or bermmg shall cover and screen the entire area beneath the sign at time of certificate of occupancy (C.O.) issuance, and thereafter. ii. Any freestanding signs constructed from flat panel material. such as high density polyurethane. MDO, sheet metal, or the like. shall have a distance of no less than eight (8) inches from face to face, and shall be enclosed on all sides to cover the internal frame. b. Freestanding changeable copy signs: i. Where a freestanding changeable copy sign is allowed, no more than eighty (80) percent of the sign face area shall be March 20, 2001 ORDINANCE NO. 2001-003 comprised of changeable copy area. Wall/facade signage: The maximum vertical dimension of a facade or wall sign shall not exceed twenty-five (25) percent of the building height. ii. Awnings with lettering shall be considered wall signs. Where lettering is used on an awning. the area of lettering shall be included in the percentage limitation of a project's sign area.A iii. Lettering. logos. and trim colors on canopy facia shall be considered a wall sign and shall be limited to thirty-three (33) percent of the facia area of any one elevation. Internally illuminated signs shall not be placed on a canopy structure. and no sign shall be placed above the facia on a canopy structure. iv'. Wall signs (facade signs) are prohibited on roofs with a slope less than 20:12 (rise:run) pitch. Wall signs mounted on a roof shall be enclosed on all sides to cover the internal frame and its connection to the roof. Also see IRC LDR's Section 956.12(1)(o). Changeable copy wall signs for theaters: i. Theaters may utilize up to eighty (80) percent of actual sign area for display of names of films, plays or other performances currently showing. Illumination: All external flood sign illumination shall be mounted at grade. directly in front of the sign area. Light source shall be completely shielded from oncoming motorist's view. (9) Window signs: "Window signs" shall include permanently affixed window signs. temporary window signs. and any signs or displays located within three (3) feet of the window, door. or storefront. Window signs shall not exceed ten (10) percent of the window storefront area (window panes and framing) per store or business, and in no case shall exceed fifty (50) square feet per store March 20, 2001 BK 117 PG 537 ORDINANCE NO. 2001-003 or business. Street address numbers and lettering, and flyers or posters related to not for profit events and organizations, shall not count as window signage "Open " ' closed," hours of operations and identification window signage totaling up to four (4) square feet shall not count as window signage. (10) Nonconforming signs: It is the intent of these regulations to allow nonconforming signs to continue until they are no longer used or become hazardous, and to encourage conformance to these special sign regulations. A "compatible freestanding sign" shall be defined as any freestanding sign permitted prior to the adoption of these special regulations and conforming to the North Barrier Island Corridor Plan maximum height requirements for a freestanding sign, and monument style for a freestanding sign. a. Nonconforming signs are subject to the following: i. Nonconforming signs or nonconforming sign structures on - sites abandoned for twelve (12) or more consecutive months shall not be permitted for reuse. ii. Except as otherwise provided herein, there may be a change of tenancy or ownership of a nonconforming sign. without the loss of nonconforming status, if the site is not abandoned for twelve (12) or more consecutive months and if there is no change of use of the site. Also, change of tenancy or ownership shall not affect the status of a non -conforming sign that serves multiple tenants. iii. Colors of a nonconforming sign shall not be changed from those existing at the time of the adoption of this Code. unless new colors comply with the North Barrier Island Corridor special color requirements iv. A nonconforming sign shall not be enlarged or increased in any way from its lawful size at the time of the adoption of these special regulations. March 20, 2001 BK 7PG538 t:xcept as specified below, nonconforming freestanding signs shall be brought into conformity with the requirements of a "compatible freestanding sign' on or before September I, 2005. If a property owner documents to the community development director that the cost of lowering a nonconformity sign to a conforming height would March 20, 2001 BK 7PG538 ORDINANCE NO. 2001-003 exceed fifty (50) percent of the cost to replace the sign, and the building official verifies the appropriateness of the estimated replacement cost. then the sign shall not need to be made a "compatible freestanding sign." However, when such an exemption applies, the property owner shall provide landscaping around the base or support structures of such a sign to visually screen the pole. subject to sight distance requirements. as approved by the community development director. -� (1 1) Architectural/building standards. (I) Prohibited architectural styles: The following are prohibited: a. Corporate signature or commercial prototype architecture, unless such is consistent with these special corridor requirements. Examples of such prohibited architecture include flat roofed convenience stores. gas stations. and canopies for gas stations. car washes. and drive through facilities lsee Figure F-3 at the end of Section 911.18). b. Any kitsch architecture (such as a building that does not resemble a typical structure), including: structures or elements that resemble an exaggerated plant fish. edible food, or other such items such as giant oranges, ice cream cones. dinosaurs. c. Any architecture having a historical reference that is so different from current design philosophy that such reference is inconsistent and/or incompatible with surrounding structures. Examples of such include: igloos, domes or geodesic domes. Quonset style structures, teepees western "false fronts." medieval castles. caves. and the like (2) Architectural/building exemptions and special requirements: a. Electrical substations and similar uses: Electrical substations and similar uses that prohibit access by the public into the site may be exempted from all architecturaUbuilding requirements by the community development director if the exempted building(s) and equipment will be visually screened from adjacent properties and roadways. b. Historic Buildings and Resources: In accordance with Future March 20, 2001 BKiI7PG539 ORDINANCE NO. 2001-003 Land Use Element objective 8 and LDR Chapter 933, historic buildings and resources identified in the "Historic Properties Survey of Indian River County, Florida", or identified by the Historic Resources Advisory Committee, and located within the Wabasso corridor are exempt from special Wabasso Corridor Plan requirements to the extent that applying the special Corridor Plan requirements would: Conflict with the preservation or restoration of a historic building or resource. or 2. Threaten or destroy the historical significance of an identified historic building or resource. Said exemption shall be reviewed by and may be granted by the Planning and Zoning Commission upon receiving a recommendation from staff and the Historic Resources Advisory Committee. (3) General design criteria: a. Buildings with facades fronting on more than one street shall have similar design considerations (e.g. exterior finish, roof treatment, building articulation, entrance features. and window placement) and consistent detailing on all street frontages. b. General prohibitions and restrictions: Hat. blank, unarticulated, or massive facades fronting on a roadway, exclusive access drive or residentially designated area are prohibited. Facades fronting such roads, drives. or areas shall be designed to incorporate architectural elements providing breaks in the planes of exterior walls and/or roofs to articulate the building and to lessen the appearance of excessive mass. Facades should incorporate elements relating to human scale, and can be divided by use of: proportional expression of structure. openings, arcades, canopies, fenestration, changes in materials, cornice details, molding details. changes in the heights of different sections of the building, and the like March 20, 2001 ORDINANCE NO. 2001-003 (ste..in • or slo of a with a low sloped roof is unarticulated, or massive facades will be .et wall in con'unction ohibitedi Flat. blank. ermined on the sides and rear of a building where "blank facade rovided for such building lantings section for foundation lantin s facade faces (see foundation re uirements). The following materials or systems are osed a finish and/or ex metal concrete masonry units), ]vwood or textured G allowed for soffit material. ��. w 11VVCU anels, smooth finish concrete block (standard recast concrete tee systems, wood. Plywood shall be Plastic or metal is walls or trim. Plastic is for slo Althou rohibited as a finish material for rohibited as a finish material ed roofs. visible roof structures, and facias eneral. certain metal and oducts may be h rohibited in astic construction planning a roved by the r and zoning commission upon a 1l ritten request and product sample submitted applicant The planning and zoning by the approve use of the material if the foll�ngicriteriacma are satisfied: • The product shall appear authentic from the closest distance that it will be viewed b the genera_ 1EL The product shall be substantial Thin and flimsy imitations are unacceptable. roduct shall hold u product it is imitating fabricated in such a wa on inal sha as the product it as well as the Thatis, imust be that it will retain its pearance, and color, as well s imitatine. The product's color shall resemble the color of the product it is imitating iv. An ex osed masonry in a stack bond is rohibited. March 20, 2001 111 PG 541 ORDINANCE NO. 2001-003 v. Lighting structures or strip lighting that follows the form of the building, parts of the building, or building elements is prohibited. vi. Neon and similar tube and fiber optic lighting and similar linear lighting systems, where the neon or lighting tube or fiber is visible. is prohibited (this restriction includes site signage). vii. Backlit transparent or translucent architectural elements, backlit architectural elements, as well as illuminated or backlit awnings and roof mounted elements are prohibited. This does not prohibit the use of glass blocks. This does not prohibit the use of an illuminated sign attached to a building. viii. Facades that appear to be primarily awnings are prohibited An awning shall not run continuously for more than thirty (30) percent of the length of any single facade. Gaps between awning segments shall be at least twenty-four (24) inches wide. Placement of awning segments shall relate to building features (e.g doorways and windows), where possible. Awnings shall not exceed twenty-five (25) percent of the area of any single facade. ix. Drive -up windows shall not be located on a building facade that faces a residential area or a roadway unless architecturally integrated into the building and screened by landscaping equivalent to the material in a local road buffer that runs the length of the drive- through lane and its speakers shall be oriented so as not to project sound toward residential areas. Accessory structures, including sheds. out buildings, dumpster enclosures, and screening structures, shall match the style, finish, and color of the site's main building. Metal utility sheds and temporary car canopies are prohibited. (12) Roofs: All buildings and accessory structures within the plan sloped roofs (slope pitch at least 4:12) visible from every direction shall unless March 20, 2001 ORDINANCE NO. 2001-003 visible flat roof, parapet roof. or other such roof design is determined by the community development director or his designee to be an integral feature of a recognized architectural style. 1. Sloped roofs. including mansards. shall have a minimum vertical rise of six feet (not including fascia). Where flat roofs are allowed by the community development director or his designee. buildings and accessory structures may have flat roof systems where flat roof areas are not visible at six (6) feet above grade from all directions. The ridge or plane of a roof (or visible roof structure) that runs parallel (or slightly parallel) with a roadway shall not run continuous for more than one hundred (100) feet without offsetting or jogging (vertically or horizontally) the roof ridge or plane a minimum of sixteen (16) inches (see Figure B-2 at the end of Section 911.19) Low slope roofs and parapet walls allowed by the community development director or his designee are excluded from this requirement. 3. Roofing materials are prohibited for use as a finish material on parapets or any surface with a slope greater than 30:12 (rise:run). up to and including vertical surfaces. This pertains only to those surfaces visible from adjacent property, exclusive access drives or roadways. (See Figures F-2 and F-3 at the end of section 911.18) (e) Colors and building graphics. (1) The following building graphics are prohibited: polka dots. circles. vertical stripes diagonal stripes or lines. plaids animals and symbols such as lightning bolts. However, legally registered trademarks which directly relate to the building occupant (not trademarks of products or services sold or displayed) are allowed. subject to applicable sign and color regulations. (2) Color standards. All buildings and accessory structures within the North Barrier Island Corridor shall be limited to the following colors. a. Base building colors: Base building colors relate to wall and parapet wall areas and shall be limited to the colors listed in the North Barrier Island Corridor Master Color List. These colors consist of white and light neutral colors in the warm range. b. Secondary building colors: Secondary building colors relate to larger trim areas and shall be limited to the colors listed in the North Barrier March 20, 2001 BKII7PG543 ORDINANCE NO. 2001-003 Island Corridor Master Color List. Secondary building colors shall not exceed thirty (30) percent of the surface area of any one building facade elevation. These colors consist of a mid-range intensity of the base building colors and complimentary colors, and include all base building colors. Trim colors: Trim colors are used for accent of smaller trim areas, are the brightest group of colors allowed, and include all base building and secondary building colors Use of metallic colors (i.e,: gold, silver, bronze. chrome, etc) and use of garish colors, such as fluorescent colors (e.g. hot pink. shocking yellow), are prohibited. Trim colors shall not exceed ten (10) percent of the surface area of any one building facade elevation. Where trim colors are used in a building facade sign, the trim color area of the facade sign shall be included in the percentage limitation on the trim color surface area. d. Roof colors (requirements for roofs that are visible from a roadway and/or residentially designated area): Metal roof colors shall be limited to the colors listed in the North Barrier Island Corridor Master Color List's "Metal Roof Colors' , which is the same as for the SR 60 corridor. These colors consist of natural mill finish, white. light neutral colors in the warm range. blue. and a limited number of earth - tone colors. Mixing or alternating colors of metal panels is prohibited. For non-metal roofs, other than natural variations in color or color blends within a tile, the mixing or alternating of roof color in the same roof material is prohibited. Colors and color blends shall not be contrary to the intent of this code. Color for roofing which is glazed, slum coated, or artificially colored on the surface by any other means shall be limited to the same colors as approved for metal roofs. Natural finish materials: The color requirements listed above shall not apply to the colors of true natural finish materials such as brick stone, terra cotta, concrete roof tiles, slate, integrally colored concrete masonry units, copper, and wood. Colors commonly found in natural materials are acceptable, unless such material has been artificially colored in a manner which would be contrary to the intent of these requirements. Black, gray blue, or extremely dark colors for brick. concrete masonry units, roofing, wood or stone is prohibited. (This provision shall not prohibit the use of colors for natural finish roofing materials that match those colors approved for metal roofs ) Awning colors: Awning colors may include base building colors and/or secondary building colors and/or trim colors. However, secondary building colors and trim color area used for awnings shall March 20, 2001 ORDINANCE NO. 2001-003 be included in the percentage limitation on the secondary building_ color and trim color surface area of a facade. (3) The North Barrier Island Corridor Master Color List and the approved color board are the same as for the SR 60 Corridor Plan and the Wabasso Corridor Plan, and shall be maintained by and made available by planning staff. The list can be mailed or faxed upon request. (f) Special screening and lighting: Within the plan area, mechanical equipment ("ground. building_. and roof mounted), including air conditioning units. pumps, meters. walk-in coolers. and similar equipment shall be visually screened from surrounding properties and roadwa} s using architectural features. fencing. walls. or landscaping In addition to required landscaping. all loading/unloading docking areas located adjacent to residentially designated areas and/or roadways shall be provided with a solid wall at least eight (8) feet in height above the loading area grade to buffer adjacent roadways and residential sites from noises and sights associated with docks. Manmade opaque screens which are visible from any public or private right-of-way or street, or any residentially designated area, shall be constructed of a material which is architecturally similar in design. color and finish to the principal structure. Screening. All telephones, vending machines, or any facility dispensing merchandise or a service on private property shall be confined to a space built into the building or buildings. or enclosed in a separate structure compatible with the main building's architecture. These areas are to be designed with the safety of the user in mind. Public phones and ATMs should have twenty -four-hour access. ii. No advertising will be allowed on any exposed amenity or facility such as benches or trash containers. iii. Screening of chain link fencing. Where chain link or similar fencing is allowed to be used (e.g. around stormwater ponds), such fencing shall be green or black and shall be located and landscaped so as to visually screen the fencing from public view. Lighting. The use of thematic and decorative site lighting is encouraged. Low lights of a modest scale can be used along with feature lighting that emphasizes plants trees, entrances, and exits. Light bollards are encouraged along pedestrian paths. The color of the Light sources (lamp) should be consistent throughout the project. Color of site lighting luminaries, poles, and the like shall be limited to dark bronze black, or dark green (decorative fixtures attached to buildings are exempt from fixture color requirement). March 20, 2001 ORDINANCE NO. 2001-003 Li • htin considerabl s not to be used as a form of advertisin more attention to the buildin • or da . Site li htin • shall be desi • ned to direct 1i avoid an ance to the nei hbors from bri • or in a manner that draws rounds at ni • ht than in the ht into the sroseri . It is to htness or lare. i. Roadway style luminaries (fixtures) such as cobra heads. headsNema and the like are srohibited. Wall sack and flood li • ht luminaries are •rohibited where the light source would be visible from a roadwa . •arking area and/or residential) desi:nated area. Hi • h intensit dischar e (e. • . high •ressure sodium, metal halide, mercu valor, tungsten halogen) lighting fixtures mounted on soles hi her than eighteen (18) feet above .arkin• lot arade and under canosies shall be directed Be •endicular to the ground. A • 'roved lightin: shall shield 11 • htin • from roadwa , s arkin • , residential, and conservation areas. Other than decorative and low level/low hei ht li • htin • , no 1i:ht source or lens shall sro"ect above or below a fixture box, shield, or canopy. (See Figures F-12 and F-13 at the end of section 911.19) CR 510 and SR A -I -A landsca.e bu er: Within the •Ian area the following landscape requirements shall a1 PP Y" (1) Increased cano,v tree size. All canotrees re•uired under normal landsca sin • and buffering re•uirements and s Island corridor •lan re ulrements for shall have a minimum hei ssread of six (6) feet at time of used as cano ecial North Barrier ro ects within the corridor ht of twelve (12) feet and minimum lanting. Palm tree clusters may be ecified in the landsca alm trees shall have a minimum clear trunk of e ordinance. The county -wide 1 shall a excess andscasin• re•uirements of LDR Chaster 926 as noted herein. The followin landsca•e buffer long the entire length of a site's CR 510 and SR xcept for approved driveways: shall be provided a A -1-A frontages, e Buffer Width March 20, 2001 ORDINANCE NO. 2001-003 20 feet or more 4 canopy trees 5 understory trees Continuous hedge*: 1 1/2--2 i/z high at planting Berm. 1 1/2--3 feet high* 15 feet 4.5 canopy trees 5.5 understory trees continuous hedge*: 1 1/2--2 'ii feet high at planting Berm: 1 1/2--2 'h high* 10 feet 5 canopy trees 6 understory trees Continuous hedge*: 2 1/2--3 feet high at planting Berm: 1--1' feet high* *Note: The intent of the hedge and berm combination is to provide a visual screen four (4) feet high above the grade of the project site parking area. Therefore. at the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four feet visual screen. Undulations in the berm and corresponding hedge height are encouraged. Hedge shrubs shall be planted no further apart than twenty-four (24) inches on center, in a serpentine pattern along the length of the buffer strip. Berms shall have a slope no steeper than three (3) horizontal to one vertical and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the community development director or his designee. To provide a less formal appearance, clustering trees along the buffer strip is encouraged and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. (See Figures F-4 and F-5 at the end of section 911.18 and apply to CR 510 and SR A -1-A) Landscape buffer along other streets in the corridor: In addition to standard Chapter 926 requirements for landscaping between rights- of-way and parking areas, such landscape strips within the corridor must also contain two (2) understory trees for every thirty (30) lineal feet of the required landscape strip. March 20, 2001 BR 117PG547 ORDINANCE NO. 2001-003 Landscape buffer along commercial/residential border: Within the corridor, where compatibility buffer yards are required by Chapter 911 regulations, two (2) additional understory trees per thirty (30) lineal feet of required buffer strip shall be provided. Foundation plantings: Foundation plantings shall be required as stated below for non-residential buildings. Along the front, sides and rear of buildings, the following foundation planting landscape strips shall be provided in accordance with the building height: Building Height Foundation Planting Strip Depth' Up to 12' high 12' to 25' high Over 25' high IIA distance measured perpendicular to the building, from the foundation outward Within such foundation planting landscape strips, the following. landscaping shall be provided; a. Forty (40) percent of the foundation perimeter (excluding entrance ways and overhead doors) along all building faces shall be landscaped, as follows: *For buildings up to 12' in height Minimum planting area depth: Minimum plant material required: *1 palm tree or appropriate canopy tree for every 10 lineal feet of planting strip (clustered) March 20, 2001 ORDINANCE NO. 2001-003 March 20, 2001 BK 117 PG 5149 *1 understory tree for every 20 lineal feet of required planting strip *3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings of 12' to 25' in height Minimum planting area depth: 10' Minimum planting material required: *1 canopy tree for every 10 lineal feet of required planting strip (3 palms with a minimum height of 12' each may be substituted for each canopy tree) *1 understory tree for every 20 lineal feet of required planting strip *3 shrubs for every 10 square feet of required planting area *Ground cover. flowering plants or sod in the remaining planting area *For buildings over 25' in height Minimum planting area depth: 15' Minimum plant material require& *1 canopy tree for every 7 lineal feet of required planting stnp (3 palms with a minimum height of 16' each may be substituted for each canopy tree) March 20, 2001 BK 117 PG 5149 ORDINANCE NO. 2001-003 b. The following modifications are allowed upon approval from the community development director or his designee: 1. Foundation planting strips may be located away from buildings to avoid conflicts with architectural features (e.g., roof overhangs), driveways, and vehicular areas serving drive -up windows. 2. The depth of foundation planting strips may be modified if the overall minimum area covered by the foundation plantings proposed meets or exceeds the area encompassed by a typical layout. Increased foundation plantings for "blank facade" building faces. As referenced in the architecturaUbuilding standards section of this plan, 'blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a one hundred (100) percent increase (doubling) in required plant material quantities (as specified above). (See Figure F-7 through F-10 at the end of section 911.19) Landscape planting theme requirements: All property adjacent to CR 510 within the corridor has been placed into one of two (2) landscaping theme categories. There are no specific landscape theme categories along SR A -1-A. Within each CR 510 theme category, required landscape plantings shall be limited to certain species, as specified below, with the exception that sod. annuals, or hardscape may be used in groundcover areas. 1. Formal Palm theme: CR 510 between the west shore of the Indian River Lagoon and the eastern foot of the bridge: March 20, 2001 *1 understory tree for every 10 lineal feet of required planting strip *3 shrubs for every 10 square feet of required planting area *Ground cover. flowering plants or sod in the remaining planting area b. The following modifications are allowed upon approval from the community development director or his designee: 1. Foundation planting strips may be located away from buildings to avoid conflicts with architectural features (e.g., roof overhangs), driveways, and vehicular areas serving drive -up windows. 2. The depth of foundation planting strips may be modified if the overall minimum area covered by the foundation plantings proposed meets or exceeds the area encompassed by a typical layout. Increased foundation plantings for "blank facade" building faces. As referenced in the architecturaUbuilding standards section of this plan, 'blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a one hundred (100) percent increase (doubling) in required plant material quantities (as specified above). (See Figure F-7 through F-10 at the end of section 911.19) Landscape planting theme requirements: All property adjacent to CR 510 within the corridor has been placed into one of two (2) landscaping theme categories. There are no specific landscape theme categories along SR A -1-A. Within each CR 510 theme category, required landscape plantings shall be limited to certain species, as specified below, with the exception that sod. annuals, or hardscape may be used in groundcover areas. 1. Formal Palm theme: CR 510 between the west shore of the Indian River Lagoon and the eastern foot of the bridge: March 20, 2001 • . ORDINANCE NO. 2001-003 Street tree: (Canopy. Min. 8 foot clear trunk) Washington robusta Washington Palm Supporting shade tree: (Canopy, Min. 12 to 14 foot height by 67foot spread) Quercus virginiana Live Oak Accent trees: (Understor•, Min. 8 foot height by 4 to 6 foot spread) Ligustrum lucidum Nerium oleander Myrica cerifera Shrubs: (Min. 24 inch height) Nerium oleander Myrica cerifera Ligustrum lucidum Viburnum suspensum Coccoloba uvifera Livistona chinensis Groundcover: (Min. 10 to 12 inch height) Tree Ligustrum Oleander tree Wax Myrtle Oleander Wax Myrtle Ligustrum Sandankwa Viburnum Seagrape Chinese Fan Palm Raphiolepis indica I Indian Hawthorn March 20, 2001 OK 117 PG 551 Ilex vomitoria ORDINANCE NO. 2001-003 Liriope muscari "Evergreen Giant" Pittosporum tobira "variegata" Pittosporum tobira Ixora "Nora Grant" Carissa grandiflora Yaupon Holly Evergreen Giant Liriope Variegated Pittosporum Green Pittosporum Nora Grant Ixora Natal Plum 2 Informal Palm theme: SR AlA/CR 510 intersection west to the eastern foot of the bridge: Street trees: (Canopy, 10 to 16 foot clear trunk) Washingtonia robusta Sabal palmetto Washington Palm Cabbage Palm Supporting shade tree: (Canopy, 12 to 14 foot height) Quercus virginiana Live Oak Accent trees: (Understory, Min. 8 foot height by 4 to 6 foot spread) Nerium oleander Myrica cerifera Ligustrum lucidum Shrubs: (Min. 24 inch height) March 20, 2001 Bit 1i=; 52 80 Oleander Tree Wax Myrtle Tree Ligustrum • • ORDINANCE NO. 2001-003 Scaevola Nerium oleander Elaeaanus Mvrica cerifera Ligustrum lucidum Viburnum suspensum Tripsacum dactyloides Coccoloba uvifera Groundcover: (Min. 10 to 12 inch height) Lantana Liriope muscari "Evergreen Giant" Carissa grandiflora Pittosporum tobira "variegata" Ilex vomitoria Raphiolepis indica Inkberry Oleander Silverthorn Wax Myrtle Li2ustrum Sandankwa Viburnum Fakahatchee Grass Seagrape Lantana Evergreen Giant Liriope Natal Plum Variegated Pittosporum Yaupon Holly Indian Hawthorn (4) Review of development projects by North Barrier Island task force members. The board of county commissioners shall appoint a group of task force members, participants, and design professionals (3 to 6 persons) to be known as the "North Barrier Island on-going review task force". Members of the on-going review task force are authorized to review and comment on development project proposals within the North Barrier Island Corridor. Task force members will be notified by planning staff regarding pre -application conferences and TRC meetings at which March 20, 2001 81 53 ORDINANCE NO. 2001-003 proposals for development within the comdor are reviewed and commented upon. Staff and on-going review task force members will work with applicants to ensure that every effort is made to save protected trees. No protected trees shall be removed unless it is absolutely necessary to accommodate a proposed site plan. (5) Special regulations for administrative approval, minor site plan projects. In the North Barrier Island Corridor plan area, non-residential and mixed use development and re -development that requires administrative approval or minor site plan approval shall comply with the previously described special regulations for new major development, within the administrative approval or minor site plan project's area of development/redevelopment. The project's area of development/redevelopment is the area of the site containing buildings, additions, structures, facilities or improvements proposed by the applicant or required to serve those items proposed by the applicant. As an example, a small building addition that requires additional parking spaces would result in a project area of development/redevelopment that includes the addition and the parking lot addition and adjacent required landscape areas. (6) Non-conforniities. Within the North Barrier Island Corridor Plan area, legally established existing development and uses that do not comply with these special regulations are grandfathered -in under the countywide nonconformities regulations of LDR Chapter 904. All nonconforming uses and structures are governed by the LDR Chapter 904 regulations. In addition. within the North Barrier Island corridor plan area the following non - conformities regulations shall apply: March 20, 2001 (a) (b) nforming propem It is the intent of this chapter to allow regulations. Continuance of nonconforming property: A nonconforming, property may be continued. subject to the following provisions: Use of nonconforming structures abandoned for a period of twelve (12) or more consecutive months (cross-reference LDR section 904.08) located on a nonconforming property shall not be permitted until the property is brought into compliance with the B{ G 5 82 EmEr but also to encourage their nonconforming properties to continue, conformity to what shall be referred to as a ' compatible property." A "compatible property ' shall be considered in compliance with the intent of the North Barrier Island Corridor special regulations. For the purposes of the North Barrier Island Corridor special regulations "compatible property" is defined as anv property with improvements permitted prior to adoption of these special regulations that conform to the CR 510 and SR A -1-A and landscape buffer, color, and signage requirements of these special regulations. Continuance of nonconforming property: A nonconforming, property may be continued. subject to the following provisions: Use of nonconforming structures abandoned for a period of twelve (12) or more consecutive months (cross-reference LDR section 904.08) located on a nonconforming property shall not be permitted until the property is brought into compliance with the B{ G 5 82 EmEr ORDINANCE NO. 2001-003 requirements of a compatible property. 2 Except as otherwise provided herein. there may be a change of tenancy or ownership of a nonconforming property. without the loss of nonconforming status, if use of the nonconforming structures is not abandoned for a period of twelve (12) or more consecutive months. 3. Colors of a structure located on a nonconforming property shall not be changed from those existing at the time of the adoption of these special regulations, unless the new, to -be -painted colors comply with the North Barrier Island Corridor Plan special color regulations. Projects on nonconforming properties requiring a building permit (excluding permits for roofs or minor repairs or improvements required by law) shall be required to bring the property into compliance as a "compatible property." A structure located on a nonconforming property shall not be enlarged or increased in any way from its lawful size at the time of the adoption of these special regulations. Where such changes are made a building permit and compliance with the requirements of a compatible property" are required for the enlargement or addition. (7) Variances. Variances from these special corridor regulations shall be processed pursuant to the procedures and timeframes of Section 70.001, Florida Statutes. The planning and zoning commission shall recommend variances to the board of county commissioners for final action. The planning and zoning commission is authorized to propose settlements of claims under Chapter 70, Florida Statutes, through any means set out in section 70.001(4)(c). Criteria. The planning and zoning commission shall not approve a variance or other proposal for relief unless to finds the following: The corridor regulation directly restricts or limits the use of real property such that the property owner is permanently unable to attain the reasonable, investment -backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole: or 2. That the property owner is left with existing or vested uses that are March 20, 2001 ORDINANCE NO. 2001-003 unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public which in fairness should be borne by the public at large; and The relief granted protects the public interest served by the regulations at issue and is the appropriate relief necessary to prevent the corridor regulations from inordinately burdening the real property. (8) Public Sector Development Guidelines The following design enhancements are guidelines that shall be considered in the design of roadway projects and other public sector improvements within the CR 510 and SR A -1-A right-of-way: 1. Providing irrigation coverage within medians and interchanges, and along roadway edges. Providing curbed medians and roadway edges in a manner that allows for planting and maintaining more substantive landscaping materials such as canopy trees. 3. Providing a separated "recreational path" system (used by pedestrians and bicyclists) that meanders along the corridor and is integrated into the pedestrian systems of individual sites. 4. Planting live oaks. cabbage palms, washingtonian palms. pines, crepe myrtles. wax myrtles and other canopy and understory trees found or used within the corridor. No symmetrical arrangement of material is required. 5. Providing landscaping, berming and other features that are consistent with line of sight guidelines to signify and enhance the appearance of intersections. access points, medians. and traffic islands and separators. 6. Providing lighting for streets and the separated recreational pedestrian path system with lighting structures that blend in with the surroundings or complement the built environment. Using dark colors for support poles and structures used for such things as lighting, traffic signals, utilities, and signs, so that such structures do not "stand out" but blend into the surroundings. Minimizing the number of poles and support structures by eliminating redundant signs and co -locating signs, street lighting, March 20, 2001 • ORDINANCE NO. 2001-003 and other structures supported by poles. 9. Providing pavers and special surface treatments to accent landscape areas. intersections access points. medians. traffic islands and separators. and crosswalks. 10. Eliminating or reducing overhead transmission and service lines and poles. 2. Elimination of CR 510 East Corridor Sub -Area and Regulations Portions of zoning chapter 911 subsection 911.18(3) are hereby amended as follows: (3) Specific development regulations within the Wabasso Corridor. In the Wabasso Corridor, the following special regulations shall apply to new non-residential and mixed use (combination of residential/commercial) development that requires major site plan approval. SpcLialicgalatio1is. as spccificd shall apply t., all d1/4.,.L1 Y<<1_ it • (a) Prohibited uses: The following land uses shall be prohibited: 1. Outdoor display of automobiles/motorized vehicles for sale or rental. 2. Outdoor display of mobile homes for sale or rental. 3. Outdoor display of boats for sale or rental; 4. Drive-in theaters; 5. Recycling centers; 6. Transmission towers; 7. Flea markets; 8. Transient merchant uses; and 9. Temporary sales events that require temporary use permits and are conducted outside of enclosed buildings. Specifically, there shall be no outside display of merchandise on public sidewalks (within public rights-of-way or easements) or rights-of-way. Outside display of merchandise shall be allowed on private property; provided, however, that outside display of merchandise is allowed only on sidewalks abutting buildings occupied by the business displaying the merchandise. All other uses shall comply with applicable zoning district regulations. • March 20, 2001 85 81(a17i0557 ORDINANCE NO. 2001-003 (b) Rt.strict.,d ascs aad CR 510 East Co,f;do, spLc;a1 ,csulat;e„s. a- Real Estatr SipR, a1 Estate, signs arc alluwcd as estate s,gn shall roma;n e,1 d;splay fe, ,ne,C t11a, V el ctVsIng b- Spe1 al if ,alt; fiz,h;l a„d plu,,,,�1 dr �rlap„le, Qday a Qui., t1IL Lf stip S w,dtl1 (uicuSu, e- Log Cabins. Leg cabins slrsl1 be prwhibitLd cast of thy. oicst J. Ca„Jpti ftZSi.La 3 Lul(VI,J. An)ta„a0 (Sac{, aS fe, Roof Slupc nlu,h Eesstlrm, 10 fL 10 to 20 fLLt 5;,1cL3 C&atL, tha„ 20 fact 16 ;nchLs e-. T;Lt,glus3 arid a3phultshi„g1e-s. FibLrglass a,th-asplralt March 20, 2001 ORDINANCE NO. 2001-003 f. ?V nr-riirt. UT Ming .3i5r1.i. Ne1T eellfuriniag signs shall be uD�.,..[ (e [11., IIullLunte1!mng Sign rcgwatteus apyllcatAc Ye tni. e\ Cl 11C 11LJ to t11C ..e 11T111u111t'l al.%' cleprrn,rrt'1 11.,Ctvr tna v1 u1� a u�uCV111v11Ill Ii' 51t'l] LV a COf IOiiflu1:; [1C1.1I % l& Lt Cu ipag s1g1T. ptierr applies, talc prupcm W a1lJ a11LL a1 ..11WaYJ J1I3II VL 11IILL..0 .O a T abOfc tl1C pi ("JCL L a1C11A4a), an Sp is 1Tc c1n IOfeeul icrcid1 ! nlldings tip to ter ttC(1=l fcct high. Said fuundatien plantings shall b., cn.dit.,d to 1 at d satisfy int, an) icquit cd CR 5101a11.1a.,UY., Luff. 1. I1�., t l 11t1S f.,at,.1�� su..i1 a, -) fl...t f1V111 tI1 . a..1 tLI 1111. - 3. Adjustment of the Wabasso Corridor Eastern Boundary Along CR 510 Zoning chapter 911 section 911.18(2) is hereby amended as follows: (2) Boundaries of the Wabasso Corridor. The boundaries of the Wabasso Corridor shown on the county's official zoning atlas. Generally, the boundaries run along US 1 from 77th Street (all sides of the 77th Street/US 1 intersection) to 95th Street and along CR 510 from 66th Avenues (all sides of the 66th Avenue/CR 510 intersection to the At}antic O1.csn eastern shore of the Indian River Lagoon. 4. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All special Acts of the legislature applying only to the March 20, 2001 BX1i PG 559 ORDINANCE NO. 2001-003 unincorporated portion of the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 5. Codification The provisions of this ordinance shall be incorporated into the County Code and the word ` Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intentions. 6. Severability If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. 7. Effective Date This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Vero Beach Press -Journal on the 8th day of March 2001, for a public hearing to be held on the 20th day of March , 2001, time it was which moved for adoption by Commr seconded by Commissioner Adams The ordinance was adopted by a vote of: Chairman Caroline D. Ginn Vice Chairman Ruth M. Stanbridge Commissioner Kenneth R. Macht Commissioner John W. Tippin Commissioner Fran B. Adams ssioner Stanbridge , and adopted by the following vote: e Aye Aye Aye Ave The Chairman thereupon declared the ordinance duly passed and adopted this day of March , 2001. March 20, 2001 88 6< 20th BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ORDINANCE NO. 2001- 003 Caroline D. Ginn Chairman Filed with the Florida Department of State on the � day of Sir tvr k, 2001. William G. Collins Deputy County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AQP Community Development Director March 20, 2001 BM 1 1, PG 56 1 9.A.2. PUBLIC HEARING - SMIGIEL PARTNERS XII LIMITED, INC. - REQUEST TO MODIFY THE PD PLAN AND RECREATION TRACT AREA CONDITION OF PD APPROVAL - LEGEND LAKES PD PLAN APPROVAL (Legislative) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling reviewed a Memorandum of March 9, 2001 using a location map (page 208 in the backup) to aid in his presentation: TO: James E. Chandler County Administrator DIVI ION HEAD CONCURRENCE fi Ad • Robert M. Keating. AICP Community Development Director FROM: Stan Boling AICP Planning Director DATE: March 9. 2001 SUBJECT: Smigiel Partners XII Limited. Inc.'s Request to Modify the P.D. Plan and Recreation Tract Area Condition of P D Approval for the Legend Lakes P.D 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 20. 2001. BACKGROUND: At its January 9. 2001 meeting., the Board of County Commissioners voted 4 to 1 to approve the Legend Lakes P.D. (Planned Development) plan and special exception use request with recommended conditions, and with an extra condition added by the Board which requires the applicant to "...double the recreation areas..." shown on the January 9th P D plan. As stated by staff at that meeting, such a doubling of the recreation tract areas would probably eliminate about 7 or 8 lots from the project. After the January 9th meeting, the applicant contacted staff and indicated that he had some post - meeting discussions with some commissioners. As a follow-up. the applicant requested that the Board agree to reconsider the recreation u -act condition and approve a related P.D. plan modification. March 20, 2001 BK l 1 / PG 562 90 • • At its February 20, 2001 meeting, the Board agreed to reconsider the condition and a P.D. plan modification at a public hearing. The applicant has now submitted a revised P.D. plan along with a request to modify the original recreation tract condition and staff has scheduled this public hearing for this matter. The hearing has been properly noticed and advertised at the applicant's expense. Therefore. the Board is now to consider the proposed P D plan modification and a modification to the original approval condition relating to recreation tract area. ANALYSIS: The P.D. ordinance (Chapter 915) sets forth recreation area requirements that correspond to the number of proposed residential units. Under Chapter 915 standards pedestrian paths. recreation areas, playgrounds, playfields. and active recreation facilities like tennis courts may all count toward meeting the P. D. recreation area requirement. For the Legend Lakes project. 1.97 acres of recreation area is required Under the January 91" ("old plan') 2.8 acres of recreation area (including 3 recreation tracts totaling 2.2 acres) was provided. The revised P.D. plan adds one lot to the southeastern recreation tract resulting in a total recreation area of 3.1 acres (includes 3 recreation tracts totaling 2.5 acres. On the expanded tract. the revised P D plan proposes two tennis courts, a small parking area. and a grassed playfield/playground area. By expanding the tract by one lot. the total number of lots within the project is reduced from 164 to 163 lots. The proposed changes are summarized as follows: January 9th/ "Old" Plan Revised Plan 164 lots 2.08 units/acre 2.8 acres recreation area 163 lots 2.06 units/acre 3.1 acres recreation area Staff has reviewed the proposed changes and supports approval of the revised P.D. plan with all originally recommended approval conditions together with a new condition that requires 3.1 acres of total recreation area as shown on the revised P.D. plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the revised P.D. plan for the Legend Lakes project, with the following conditions: 1. That 3.1 acres of recreation area be provided as shown on the revised P.D. plan. 2. Caribbean fruit fly host plants are prohibited within the project area. 3. That prior to issuance of a land development permit, the applicant shall obtain from planning staff approval of detailed. final landscape plans for the required buffers. entry landscape areas. and recreation areas. a. The Oslo Road buffer shall meet or exceed the standards for a Type "B" buffer with 6' opaque feature and shall not include the use of a wooden fence. and March 20, 2001 b. The northern boundary buffer shall meet or exceed Type "C" buffer standards 91 31{117PG 563 That prior to or via the final plat, the applicant shall: Dedicate without compensation the 10' and 30' strips of right-of-way required to bring the Oslo Road right-of-way width up to 60', and b. Place restrictions on the properly that prohibits the planting of Caribbean fruit fly host plants. That prior to issuance of a certificate of completion for Phase III, a. The westbound tight -turn lane for the project's Oslo Road entrance shall be complete and b. 5`h Street SW shall be paved from the 5`h Street SW entrance to 43rd Avenue or 58th Avenue and c. The required westbound left -tum lane for the project's 5th Street SW entrance shall be complete. A TTA CHMENTS: 1. Applicant's Request 1. Location Map 3. January 9th, 2001 Board of County Co 4. Proposed Changes to Approval Conditio sss[oners Minutes. Including Staff Report 5. "Old" P.D. Plan and Revised P.D. Plan Planning Director Stan Boling responded to Chairman Ginn's and Vice Chairman Stanbridge's concerns about the 100 -year flood plan, maintenance, playground equipment, and the new percentage of open space. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Randy Mosby, Mosby & Associates, advised that the only thing he wanted to add is that Smigiel has found in development of their projects that having isolated recreational areas that are wooded tends to create more problems for the community than having wide open March 20, 2001 92 • • areas. Eighteen percent of the development is in lakes and they do not get full credit for open space in the lakes. Vice Chairman Stanbridge pointed out that is the penalty for building in a flood plain. In response to Chairman Ginn concerning aeration of the stormwater pond, Mr. Mosby responded that the design meets all the water quality requirements from St. Johns River Water Management District and there will not be cattails growing on the banks. His clients were present and Chairman Ginn indicated she would like to ask them the same question. There was a brief discussion about aeration and requirements of SJRWMD, and Community Development Director Robert M. Keating commented that the County previously required littoral zones. Our regulations are now in accord with SJRWMD which has the experts. Mr. Mosby advised that what was learned about littoral zones is that they are rodent hazards which is one of the reasons SJRWMD removed them from their requirements. This remark created quite a reaction from the Commissioners that no one wants to do maintenance in littoral zones. Vice Chairman Stanbridge thought it was unfortunate that engineers do not always know how to design them. John Green, of Smigiel Partners, 22 Hastings Lane, Boynton Beach, Florida, advised that aeration of the lake has not been under consideration at this point, but they would be amicable to looking into that if it becomes a requirement. The landscape architect is designing some native plants that will go along the lake banks for visual enhancement, but not a littoral zone. There was a brief but lighthearted discussion about whether or not the lake would be stocked and Commissioner Tippin volunteered to help. March 20, 2001 93 BK H7PG565 From the description of the lake by Mr. Green, Vice Chairman Stanbridge thought they may get a natural littoral zone. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Commissioner Macht, SECONDED BY Commissioner Tippin, the Board unanimously approved the revised P D plan for the Legend Lakes project with the conditions as set forth in the memorandum. 9.A.3. PUBLIC HEARING - ORDINANCE NO. 2001-004 - MARCUS L. CUTRONE'S REQUEST TO REZONE f1 ACRE AT 1000 OLD DIXIE HIGHWAY FROM IG TO CH (Quasi -Judicial) PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert M. Keating reviewed a Memorandum of March 5, 2001 using Power Point R (copy on file in the office of the Clerk to the Board) to aid in his presentation: TO: James E. Chandler; County Administrator DEPART ENT HEAD CONCURRENCE Robert M. Keating, AICP; Community Development Director THROUGH: Sasan Rohani, AICP; Chief, Long -Range Planning -7 FROM: John Wachtel; Senior Planner, Long -Range Planning DATE: March 5, 2001 RE: Marcus L. Cutrone's Request to Rezone ±1 Acre from IG TO CH (RZON 2000-05-0170) March 20, 2001 BK ! PG 566 94 11 is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 20, 2001. DESCRIPTION AND CONDITIONS This is a request to rezone ±1 acre from IG. General Industrial District. to CH. Heavy Commercial District. The subject properly, depicted in Figure 1. is located at 1000 Old Dixie Highway. The applicant, who also owns the CH zoned parcel bordering the subject property on the north. intends to develop both sites under the same zoning district. On February 8, 2001. the Planning and Zoning Commission voted 7 to 0 to recommend that the Board of County Commissioners approve this request to rezone the subject properly from IG to CH. Existing Land Use Pattern The IG zoned subject property contains three repair and storage buildings. To the south and east of the subject propeny, land is also zoned IG. Those sites contain various industrial businesses used for storage and repair. Land abutting the subject property on the north is zoned CH and contains a boat and recreational vehicle storage business. Land to the west of the subject propeny, across Old Figure 1: Location and Zoning of the Subject Property said. "g: J. A. H A R K I S 01, ISO 0 38 379. QUARE 9TH LA. March 20, 2001 Dixie Highway, is zoned RM -6, Multiple -Family Residential District, and contains several residences. Just south of those residences. along the west side of Old Dixie Highway, is a retail strip center zoned CL, Limited Commercial District. Future Land Use Pattern The subject property and all adjacent properties to the north, south, and east are designated C/I, CommerciaU Industrial, on the future land use map. The C/I designation permits various commercial and industrial zoning districts. To the west of the subject property, across Old Dixie Highway, land is designated L-2, Low -Density Residential -2 The L-2 designation allows residential uses with densities of up to 6 units/acre. To the north and south of the L-2 designated area, land along the west side of Old Dixie Highway is designated C/I. Environment The subject property is a developed site containing no wetlands or native upland habitat. The site is not designated as environmentally important or environmentally sensitive by the comprehensive plan. According to Flood Insurance Rating Maps. the subject property does not contain any flood hazard areas. Utilities and Services The site is within the Urban Service Area of the county. Potable water distribution lines extend to the site from the South County Reverse Osmosis Plant. Wastewater collection lines extend to within a quarter mile of the site from the South County Wastewater Treatment Plant. Transportation System The site is bounded on the west by Old Dixie Highway. Classified as an urban collector roadway on the future roadway thoroughfare plan map. this segment of Old Dixie Highway is a two lane road with approximately 80 feet of public road right-of-way. This portion of Old Dixie Highway is programmed for expansion to four lanes by 2020. Zoning District Differences There are some similarities and some differences between the existing IG zoning district and the proposed CH district. The differences between the districts are best illustrated by their purpose statements. These purpose statements are as follows: • CH. Heavy Commercial District. The CH district is intended to provide areas for establishments engaging in wholesale trade major repair services and restricted light manufacturing activities. The CH district is further intended to provide support services necessary for the development of commercial and industrial uses allowed within other non- residential zoning districts. March 20, 2001 J68 96 • • IG. General Industrial District. The IG district is intended to provide areas where a broad range of industrial activities may locate and operate without significant adverse impacts upon nearby properties. The IG district is further intended to promote the establishment of employment centers which are accessible to the transportation system and other necessary urban services. In terns of permitted uses, the principal difference between the CH and IG zoning districts is that most manufacturing uses that are permitted within the IG zoning district (such as the manufacturing of tobacco products. textile products, lumber and wood, furniture and fixtures. rubber products. drugs and pharmaceuticals, footwear, and electronic equipment) are not allowed within the CH zoning distnct. As a transitional type of zoning district having more intense uses than general commercial districts and less intense uses than industrial districts, the CH district is oriented to uses such as warehouses. contractor trades. and repair establishments. In contrast. the IG district is programmed to accommodate employment and industrial centers. The IG district should be located in an area that can accommodate adverse impacts associated with industrial uses. ANALYSIS 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. Concurrency of Public Facilities This site is located within the county Urban Service Area, an area deemed suited for urban scale development. The comprehensive plan establishes standards for: Transportation Potable Water. Wastewater. Solid Waste. Stormwater Management. and Recreation. The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. The comprehensive plan also requires that new development be reviewed to ensure that the minimum acceptable standards for these services and facilities are maintained. Policy 3.2 of the Future Land Use Element states that no development shall be approved unless it is consistent with the concurrency management system component of the Capital Improvements Element. For rezoning requests, conditional concurrency review is required. Conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not projects, county regulations call for the concurrency review to be based upon the most intense use of the subject property based upon the requested zoning district. For commercial or industrial rezoning requests. the most intense use (according to the county's comprehensive plan and land development regulations) is retail commercial with 10.000 square feet of gross floor area per acre of land proposed for rezoning. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned: ±1 acre 2. Land Use Designation: CIL Commercial/Industrial March 20, 2001 97 BK 1 1 7 PG 569 • 3. Existing Zoning District: IG, General Industrial 4. Proposed Zoning District: CH, Heavy Commercial 5. Most Intense Use Under Existing Zoning District: ±10,000 sq. ft. of Retail Commercial (Shopping Center in the 6th Edition ITE Manual) 6. Most Intense Use Under Proposed Zoning District: ±10,000 sq. ft of Retail Commercial (Shopping Center in the 6t° Edition ITE Manual) As per section 910.07(2) of the Concurrency Management Chapter of the county's land development regulations, projects which do not increase density or intensity of use are exempt from concurrency requirements. This rezoning request is exempt from concurrency review because the requested zoning would not increase the use intensity of the site. By changing the zoning of the subject properly from IG to CH. some commercial uses not currently allowed would be permitted on the site. However. because the most intense use of the property would be the same with either zoning district. changing the property's zoning from IG to CH would not create additional impacts on any concurrency facilities In this case. a detailed concurrency analysis will be done in conjunction with site development. That concurrency analysis will address facility service levels and demand. Compatibility with the Surrounding Area Some sites in Indian River County can be appropriate for either CH or IG zoning. Such sites should be within the urban service area and have easy access to the county transportation system Additionally. those sites should be separated from existing and future residential development. The subject property meets those criteria Located within the county's urban service area, and near railroad tracks and a major road. development of the site under either the existing IG or the requested CH zoning district would be compatible with surrounding areas. Because property to the north of the subject property is zoned CH. the request is for an expansion of an existing zoning pattern. Compatibility problems are most likely to occur where residential and non-residential uses abut. In this case, however the site is bounded on three sides by C/I designated land, while the nearest residential land is separated from the subject property by a major road. In fact. in terms of noise. lights. and other potential impacts generated by development, the manufacturing and industrial uses allowed in the IG district are generally more intense than the repair and storage uses allowed in the CH district. For example, while both districts allow auto/boat repair and various types of storage facilities, only the IG district allows manufacturing. machine shops, metal industries, packing houses. and other industrial uses. For those reasons. development of the subject property under the requested CH district is not anticipated to increase incompatibilities with surrounding areas. Consistency with Comprehensive Plan Rezoning requests are reviewed for consistency with all policies of the comprehensive plan. Rezonings must also be consistent with the overall designation of land uses as depicted on the Future March 20, 2001 6R 1 1 7 PG 5 70 98 • 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 that 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 Future Land Use Element Policies 1.15 and 1.16. Future Land Use Element Policies 1.15 and 1.16 Future Land Use Element Policy 1.16 states that the commercial/industrial land use designation shall permit uses that include wholesale trade and distribution . storage/warehousing, repair services. and other similar uses. In addition, Future Land Use Element Policy 1.15 states that all commercial/industrial uses must be located within the county's urban service area. Since the subject property is located within the county's urban service area. and the requested CH district is intended for uses permitted within the commercial/industrial land use designation the request is consistent with Future Land Use Element Policies 1.15 and 1.16. While the referenced policies are particularly applicable to this request. other comprehensive plan policies and objectives also have relevance. For that reason. staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the comprehensive plan. Potential Impact on Environmental Quality Environmental protection regulations are the same for both the IG and the CH zoning districts. Because the subject property is not environmentally significant or environmentally important. development of the site will not impact significant natural resources. CONCLUSION The requested zoning is compatible with the surrounding area. and is consistent with the goals. objectives. and policies of the comprehensive plan. Rezoning the site, as requested. will have no negative impacts on environmental quality or the provision of public facilities and services. The subject property is located in an area deemed suitable for heavy commercial uses. The request meets all applicable criteria. For those reasons. staff supports the request. RECOMMENDATION 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 from IG to CH. March 20, 2001 99 BK 1 1 7 PG 571 • ATTACHMENTS 1. Summary Page 2. Rezoning Application 3. Approved Minutes of the February 8. 2001. Planning and Zoning Commission Meeting 4. Rezoning Ordinance The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, she closed the public hearing. ON MOTION by Commissioner Macht, SECONDED BY Vice Chairman Stanbridge, the Board unanimously adopted Ordinance No. 2001-004 amending the Zoning Ordinance and the Accompanying Zoning Map for 1 1 acre located at 1000 Old Dixie Highway, from IG, General Industrial District, to CH, Heavy Commercial District, and described therein, and providing severability and effective date. ORDINANCE NO. 2001- 004 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ±1 ACRE LOCA 1 ED AT 1000 OLD DIXIE HIGHWAY, FROM IG. GENERAL INDUSTRIAL DISTRICT, TO CH, HEAVY COMMERCIAL DISTRICT; AND DESCRIBED HEREIN. AND PROVIDING SEVERABILITY AND 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, Flonda, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request. at which parties in interest and citizens were heard; March 20, 2001 BK 1 17 572 100 • ORDINANCE NO. 2001-004 NOW. THEREFORE, BE IT ORDAINED. by the Board of County Commissioners of Indian River County, Flonda, that the zoning of the following described property situated in Indian River County, Florida. to -wit: THE NORTH ONE ACRE OF THAT PART LYING EAST OF THE OLD DIXIE HIGHWAY OF THE FOLLOWING DESCRIBED PROPERT\ , TO WIT: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12. TOWNSHIP 33 SOUTH RANGE 39 EAST. THEN RUN EAST 7.83 CHAINS, THEN SOUTH 220 YARDS. THEN WEST 7.83 CHAINS, THEN RUN NORTH 220 YARDS, TO THE POINT OF BEGINNING; LESS PUBLIC ROAD RIGHT -OF WAY. Be changed from IG, General Industrial District. to CH. Heavy Commercial District. 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 20th day of March. 2001. This ordinance was advertised in the Press -Journal on the 7th day of March. 2001. for a public hearing to be held on the 20th day of March. 2001, at which time it was moved for adoption by Commissioner Macht , seconded by Commissioner Stanbri dge , and adopted by the following vote: Chairman Caroline D Ginn Aye Vice -Chairman Ruth M. Stanbridge Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: '. Caroline D. Ginn, Cha nnanan ATTEST BY: ti Jefrey_ . Barton, Clerk This ordinance was filed with the Department of State on the following date: March 20, 2001 101 1 / BK 1!, &573 • APPROVED AS TO FORM AND LEGAL SUFFICIENCY sifiC William G. Collins II, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Indian Ave Ca AOCOver Oats Admin Legal /E.L -,': - ;- f^ / Budget 7\t-- 3 i/ Dept I, !,Li ,/ �/ f . ;2 /, Risk Mgr. _ cd\u\v \j \rz\c u trone\ord. w pd 9.A.4. YUKON LAND CORPORATION AND DANIEL L. SPENCER'S REQUEST TO AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE ±180 ACRES FROM R TO L-1 AND TO REZONE THOSE ±180 ACRES FROM A-1 TO RS -3 (NOT APPROVED) (Legislative) PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert M. Keating reviewed a Memorandum of March 5. 2001 using Power Point® (copy on file in the office of the Clerk to the Board) which included a site map of the subject property to aid in his presentation. Director Keating further advised that this, omprehens ve Plan amendmen ttr items and gave a general overview of the Comp Plan Amendment Process. TO: James E. Chandler; County Administrator DEPARTMtNT.HEAD CONCURRE CE i 1i ,AGif Robert M. Keating, AICV; Community Development Director THROUGH: Sasan Rohani, AICP; Chief, Long -Range Planning it FROM: John Wachtel; Senior Planner, Long -Range Planning DATE: March 20, 2001 BK March 5, 2001 Yukon Land Corporation and Daniel L. Spencer's Request to Amend the Comprehensive Plan to Redesignate ±180 acres from R to L-1 and to Rezone those ±180 acres from A-1 to RS -3 PLAN AMENDMENT NUMBER: LUDA 2000-07-0179 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 20. 2001. DESCRIPTION AND CONDITIONS This request is to amend the Comprehensive Plan to redesignate ±180 acres from R. Rural Residential (up to 1 unit/acre), to L-1, Low -Density Residential -1 (up to 3 units/acre); and to rezone those ±180 acres from A-1. Agricultural District (up to I unit/5 acres). to RS -3. Single -Family Residential District (up to 3 units/acre). Depicted in Figures 1 and 2. [he subject property is located at the northeast comer of the intersection of 85° Street (the east/west portion of CR 510, also known as Wabasso Road) and 90`h Avenue (the north/south portion of CR 510). The purpose of this request is to secure the necessary land use designation to develop the site with residential uses at a density of 3 units/acre. Figure 1: Land Use Designation and Location of Subject Property C.R. 5121 Sebastian River High School it I ._;..__.. raTi __ r .•iiti , •" 24I •d �`• 'r l' •iri s ...1.51!) 'a• Liffa� ,ir] W. -y•,..r. a. • artLiYai•.' LjJ1 ." •'� W i�d r . `w' 5J 'Up j..1..I EHe March 20, 2001 BK 117 575 Sebastian River High School Past Actions On September 28. 2000, the Planning and Zoning Commission voted 6 to 0 to recommend that the Board of County Commissioners approve the proposed amendment and rezoning. On October 19. 2000, the Professional Services Advisory Committee voted 6 to 0 recommend that the Board of County Cornmissioners approve the proposed amendment and rezoning. On November 7, 2000, the Board of County Commissioners voted 5 to 0 to transmit the proposed land use designation amendment request to the Honda Department -of Community Affairs (DCA) for their review. ORC Report Consistent with state regulations. DCA reviewed the proposed amendment and prepared an Objections. Recommendations and Comments (ORC) Report (dated February 9. 2001), which planning staff received on February 12. 2001. The DCA ORC Report Attachment 8 at the end of this staff report. does not contain any objections or conunents relating to the proposed amendment March 20, 2001 :RS3 • ;..i. . Past Actions On September 28. 2000, the Planning and Zoning Commission voted 6 to 0 to recommend that the Board of County Commissioners approve the proposed amendment and rezoning. On October 19. 2000, the Professional Services Advisory Committee voted 6 to 0 recommend that the Board of County Cornmissioners approve the proposed amendment and rezoning. On November 7, 2000, the Board of County Commissioners voted 5 to 0 to transmit the proposed land use designation amendment request to the Honda Department -of Community Affairs (DCA) for their review. ORC Report Consistent with state regulations. DCA reviewed the proposed amendment and prepared an Objections. Recommendations and Comments (ORC) Report (dated February 9. 2001), which planning staff received on February 12. 2001. The DCA ORC Report Attachment 8 at the end of this staff report. does not contain any objections or conunents relating to the proposed amendment March 20, 2001 Comprehensive Plan Amendment Review Procedures Although the -number of plan amendments that a local government may consider is not limited. the frequency with which local governments can amend their comprehensive plan is regulated by state law According to Honda Statutes. plan amendments are limited to twice per calendar year. For that reason. the county accepts general plan amendment applications only during the "window.' months of January and July. In this case. the subject application was submitted during the July 2000 window. The procedures for reviewing comprehensive plan amendments involve several steps. First, the Planning and Zoning Commission. as the Local Planning Agency, conducts a public hearing to review the request. The Commission has the option to recommend approval or denial of the Comprehensive Plan amendment request to the Board of County Commissioners. Also. the Planning and Zoning Commission may recommend approval of or deny any associated rezoning request. If the rezoning request is denied. only the land use amendment request is forwarded to the Board unless the denial to rezone is appealed. Following Planning and Zoning Commission action. the Board of County Commissioners conducts two public hearings. The first of those hearings is for a preliminary decision on the land use amendment request. At that hearing, the Board determines whether or not the land use amendment warrants transmittal to the Florida Department of Community Affairs (DCA) for further consideration. A Board of County Commissioners decision not to transmit the land use amendment to DCA constitutes denial of both the land use amendment and rezoning requests If the land use amendment is transmitted. DCA conducts a review which includes soliciting comments from the Treasure Coast Regional Planning Council. several state agencies, and neighboring local govemments. After its review. DCA compiles its objections, if it has any, in an Objections Recommendations. and Comments (ORC) Report, and transmits that report to the county. After staff addresses any issues that were raised in the ORC Report. the second and final Board of County Commissioners public hearing is conducted. The Board takes final action to approve or deny the land use amendment and rezoning requests at that time. If the Board approves the requests. the amendment is transmitted to DCA for a final determination of compliance with state law. The effective date of the amendment adoption ordinance is when the amendment is found "in compliance" by DCA. Existing Land Use Pattern The subject property is zoned A-1 and consists of citrus groves, several agricultural storage buildings. and a single-family residence with a pond. Properties to the north, south and east also consist of A-1 zoned citrus groves with an occasional single-family residence or storage building. The citrus groves along the site's northernmost boundary appear to be abandoned. Between 90'" Avenue and 58th Avenue, CR 510 is the boundary of the Urban Service Area (USA) with land north of CR 510 being in the USA and land south of CR 510 being outside the USA. Although the land directly south of the subject property, across 851" Street. is outside the USA and currently consists of citrus groves that land is the future site of a north county elementary school. To the west of the site. across a 275 foot wide drainage canal right-of-way and 90'" Avenue. land is zoned RS -3 and contains the Vero Lake Estates Subdivision of single-family residences. At this time. the majority of lots in that approximately 2.500 acre subdivision are vacant. Immediately north of Vero Lake Estates is Sebastian River High School. March 20, 2001 105 BK 1i7PG577 Future Land Use Pattern The subject property and properties to the northeast are designated R, Rural Residential. on the county s future land use map The R designation permits residential uses with densities up to 1 unit/acre. South of the subject property, land is outside the county s urban service area, and is designated AG -1, Agricultural -1, on the county's future land use map. The AG -1 designation permits agricultural uses and residential uses with densities up to 1 unit/5 acres. To the north, east and west of the subject property land is designated L-1, Low -Density Residential -1. The L-1 designation permits residential uses with densities up to 3 units/acre. Environment Being a citrus grove, no native upland plant communities exist on the site. Examination of aerial photographs, however, indicate that there may be an emergent freshwater wetland associated with the St. Sebastian River on the site. Federal Emergency Management Agency maps indicate that the site is not within a flood hazard area. Utilities and Services The site is within the Urban Service Area of the county. Potable water distribution lines extend from the North County Reverse Osmosis Plant along CR 510 adjacent to the site Wastewater collection lines from the North Regional Wastewater Treatment Plant extend along CR 512, to approximately half a mile from the site. Transportation System The subject property abuts CR 510 which is classified as a roadway thoroughfare plan map. This segment of CR approximately 100 feet of existing public road right-of-way. this segment of CR 510 is programmed for expansion to four of -way by 2020. ANALYSIS rural minor arterial road on the future 510 is a two lane paved road with According to the comprehensive plan, lanes and 160 feet of public road right - In this section. an analysis of the reasonableness of the land use amendment request will be presented. Specifically, this analysis will address: • the request's impact on public facilities; • the request's consistency with the county's comprehensive plan: • the request's compatibility with the surrounding area: and • the request's potential impact on environmental quality. March 20, 2001 mov Concurrency of Public Facilities This site is located within the county Urban Service Area. an area deemed suited for urban scale development. The Comprehensive Plan establishes standards for: Transportation Potable Water. Wastewater. Solid Waste, Drainage and Recreation (Future Land Use Policy 3.1). The adequate provision 01 mese services is necessary to ensure the continued quality of life enjoyed by the community. The Comprehensive Plan and Land Development Regulations (LDRs) 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 land use amendment and rezoning requests, conditional concurrency review is required. Conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since land use amendment and 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 land use designation. For residential land use designation requests, the most intense use (according to the County's Comprehensive Plan and 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 land use designation. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Redesignated: ±180 acres 2. Existing Land Use Designation: R. Rural Residential (up to 1 unit/acre) 3. Proposed Land Use Designation: L-1, Low -Density Residential -1 (up to 3 units/acre) 4. Most Intense Use of Subject Property Under Current Land Use Designation: 180 Single -Family Units 5. Most Intense Use of Subject Property Under Proposed Land Use Designation: 540 Single -Family Units Transportation 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 land use designation, 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 roadways would not be lowered by the traffic generated by development of 540 single-family units on the subject property. Attachment 4 of this staff report contains a more detailed transportation concurrency analysis. March 20, 2001 107 22-2 222 BK 117 579 Water With the proposed Comprehensive Plan amendment, the subject property could accommodate 540 single-family residential units, resulting in water consumption at a rate of 540 Equivalent Residential Units (ERU), or 135.000 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 more than 1,500,000 gallons/day and can accommodate the additional demand generated by the proposed land use amendment. Wastewater Based upon the most intense use allowed under the proposed land use amendment, development of the property will have a wastewater generation rate of approximately 540 Equivalent Residential Units (ERU), or 135.000 gallons/day. This is based upon a level of service of 250 gallons/ERU/day County wastewater service is available to the site from the North Regional Wastewater Treatment Plant, which currently has a remaining capacity of over 180 000 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 L97 cubic yards/person/year With the county's average of approximately 2.3 persons/unit. a residential development of 540 units would be anticipated to house approximately 1.242 people (2.3 X 540). 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 2.447 (1.242 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 800,000 cubic yards. The active segment of the landfill has a four 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 land use designation. 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 iManageinent Ordinance. i ne subject property is located within the M-3 Drainage Basin. Therefore, development on the site would be prohibited from discharging any runoff in excess of the pre - development rate. In this case. the minimum floor elevation level of service standards do not apply, since the property does not lie within a floodplain. However, both the on-site retention and discharge standards apply. With the most intense use of this site under the proposed amendment, the maximum area of impervious surface would be approximately 4,704.480 square feet, or 108 acres. The maximum runoff volume, based on that amount of impervious surface and the 25 year/24 hour design storm. would be approximately 4,956.181 cubic feet. In order to maintain the county s adopted level of March 20, 2001 BK 1 r. 0 108 • service. the applicant would be required to retain approximately 1.638,725 cubic feet of runoff on- site. With the soil characteristics of the subject propeny, it is estimated that the pre -development runoff rate is 224 cubic feet/second Based upon staffs analysis. the drainage level of service standards would be met by limiting off-site discharge to its pre -development rate of 224 cubic feet/second and requiring retention of the 1.638.725 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 subject property under the proposed land use designation indicates that the adopted level 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. Concurrency Summary 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 land use amendment. Therefore. the concurrency test has been satisfied for the subject request. Consistency with Comprehensive Plan Comprehensive Plan amendment and rezoning requests are reviewed for consistency with all policies of the Comprehensive Plan As per section 800.07(1) of the County Code. the "Comprehensive Plan may only be amended in such a way as to preserve the internal consistency of the plan pursuant to Section 163.3177(2), F.S." Amendments and rezonings must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map, which includes agricultural residential. recreational. conservation, and commercial and industrial land uses and their densities The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that 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 --including plan amendment and rezoning decisions. While all comprehensive plan policies are important. some have more applicability than others in reviewing plan amendment and rezoning requests. Of particular applicability for this request are the following objective and policies: March 20, 2001 109 BK Ii7rPG581 PARK INFORMATION LOS (Acres per 1.000 Population) Project Demand (Acres) Surplus Park Acreage 4.0 4.968 1.164 Concurrency Summary 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 land use amendment. Therefore. the concurrency test has been satisfied for the subject request. Consistency with Comprehensive Plan Comprehensive Plan amendment and rezoning requests are reviewed for consistency with all policies of the Comprehensive Plan As per section 800.07(1) of the County Code. the "Comprehensive Plan may only be amended in such a way as to preserve the internal consistency of the plan pursuant to Section 163.3177(2), F.S." Amendments and rezonings must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map, which includes agricultural residential. recreational. conservation, and commercial and industrial land uses and their densities The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that 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 --including plan amendment and rezoning decisions. While all comprehensive plan policies are important. some have more applicability than others in reviewing plan amendment and rezoning requests. Of particular applicability for this request are the following objective and policies: March 20, 2001 109 BK Ii7rPG581 • Future Land Use Element Policy 14.3 The most important policy to consider in evaluating a plan amendment request for consistency with the county's Comprehensive Plan is Future Land Use Element Policy 14.3. This policy requires that at (east one of four criteria be met in order to approve a land use amendment request. These criteria are: • the proposed amendment will correct a mistake in the approved plan; • the proposed amendment will correct an oversight in the approved plan; • the proposed amendment involves a swap or reconfiguration of land uses at separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map; or • the proposed amendment is warranted based on a substantial change in circumstances affecting the subject property. Based on its analysis, staff feels that the proposed land use amendment meets Policy 14.3's fourth criterion. When the comprehensive plan was adopted in 1990, the area between CR 510 and the City of Sebastian was designated R from 90th Avenue to 66th Avenue. As a result, the subject property was bounded on two sides by L-1 designated land, but was part of a larger contiguous area of R designated land. In 1994, however, the adjacent 159 acres to the east of the site were redesignated to R. That 1994 amendment affected the subject property in the following two ways. • The site is now surrounded on three sides by L-1 designated land; and • The site is no longer part of a larger contiguous area of R designated land. While the redesignation of adjacent land is not always justification for a land use amendment, in this case it is relevant for the above reasons. Another change affecting the site involves public schools. The new Sebastian River High School, located just west of the subject property (just across 90th Avenue), was completed in the mid -1990's. Additionally, a new elementary school is now planned to be located just south of the subject property (just across 85th Street). Allowing a slightly denser land use designation near these schools makes sense for the following reasons. • These schools will attract families with children. Generally, housing at a density of up to 3 units/acre is more affordable for families with children than the up to 1 unit/acre density permitted under the current land use designation. • The entire subject property is within one mile of both school sites. That proximity allows residents on the subject property to walk or bike to the school sites. thus reducing automobile trips and student reliance on others for transportation. The siting (and in the case of the high school. the construction) of these schools has occurred since plan adoption. March 20, 2001 BKI PC 582 110 E€ r., ,04 Therefore, the redesignation of adjacent land and the "across the street" siting of both a high school and an elementary school constitute a change in circumstances affecting the subject property. Since these actions constitute a change in circumstances. the fourth criterion of Future Land Use Element Policy 14.3 has been met. and the proposed amendment is consistent with Future Land Use Element Policy 14.3 Future Land Use Element Objective 1 and Policies 2.2 and 4.1 This objective and these policies state that Indian River County will have an efficient and compact land use pattern which encourages infill development within the existing urban service area and maintains the county's overall low density character. By increasing the density of land currently within the urban service area, as opposed to expanding the urban service area, the county can efficiently support growth without creating urban sprawl or sacrificing compactness. Furthermore, with a density of up to 3 units/acre. the requested L-1 land use designation maintains the overall low density character of the county. For these reasons. the proposed amendment is consistent with Future Land Use Element Objective 1 and Policies 2.2 and 4.1. Future Land Use Element Policy 1.11 Future Land Use Element Policy 1.11 states that the L-1 land use designation is intended for areas which are: 1. suitable for urban and suburban scale development; ?. within the urban service area: and 3. located in proximity to existing urban centers. Although the subject property and much of the surrounding area is currently used for agriculture, the site is now. as it was when the comprehensive plan was found "in compliance" by DCA, appropriate for low density residential development. Factors that demonstrate that the subject property meets each of Future Land Use Element Policy 1.11's criteria include the following. • The site is located within the urban service area; • The site is located on a major road; • Potable water service is available to the site; • Sanitary sewer lines are within a half mile of the site: • The site is located near an existing public high school, an existing public middle school. and the site of a future public elementary school • The site is located near the City of Sebastian: • The site is located near the CR 510/CR 512 commercial/industrial node; and • The site is bounded on three sides by L-1 designated land. For these reasons, the proposed amendment is consistent with Future Land Use Element Policy 1.11. March 20, 2001 111 Biz 583 iMmEmi ,,u r Summary of Consistency with the Comprehensive Plan While the referenced objective and policies are particularly applicable to this request, other comprehensive plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis. staff determined that the request is consistent with the Comprehensive Plan. Compatibility with the Surrounding Area Development under the requested land use designation and zoning district is anticipated to be compatible with surrounding areas. Because the site is bounded on three sides by L-1 designated land the request is for the expansion of an existing land use designation pattern. At ±180 acres, the site is large enough to provide buffers if necessary Other factors indicate that the subject property is an appropriate site for L-1 designated land. For example, the large lot size required under the R designation often makes development prohibitively expensive, especially where utility service is available. This is demonstrated by the fact that, other than agricultural buildings on A-1 zoned land, there has been no development on R designated property in the county since the plan was adopted. In contrast, other residential land use designations allow for more cost efficient, compact and affordable development. The land use designation closest to R. in terms of permitted density, is L-1, which is clearly feasible for normal residential development. The 1994 redesignation from R to L-1 of the land along the subject property's east boundary resulted in pan from a determination by the county that the 1 unit/acre maximum development allowed under the R land use designation neither contributes to agricultural preservation nor allows enough density for feasible. normal single family residential development. Therefore, redesignating other similar areas along CR 510 to L-1 is appropriate. For these reasons, redesignating the subject property to L-1 is anticipated to be compatible with surrounding areas. Potential Impact on Environmental Quality Environmental impacts of residential development on the subject property would be essentially the same under either the existing or the proposed land use designation. Being a citrus grove, the site contains no native upland plant habitat. Any wetlands that are located on the site and are identified in an approved environmental survey are protected by federal state. and county regulations. For these reasons. significant adverse environmental impacts associated with this request are not anticipated. CONCLUSION Based on the analysis, staff has determined that the requested land use designation and zoning district are compatible with surrounding areas, consistent with the comprehensive plan, meet all concurrency criteria, will have no negative impacts on environmental quality, and meet all applicable land use designation amendment and rezoning criteria. Most importantly, the subject property is located in an area deemed suited for low density residential uses. For these reasons. staff supports March 20, 2001 B i e 58L 112 07, 4 the request to amend the land use designation of the subject property from R to L-1 and to rezone the site from A-1 to RS -3. RECOMMENDATION Based on the analysis performed, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the request to redesignate and rezone the subject property by adopting the attached ordinances. ATTACHMENTS 1. Summary Page 1. Comprehensive Plan Land Use Designation Amendment Application 3. Rezoning Application 4. Detailed Transportation Concurrency Analysis 5. Approved Minutes of the September 28, 2000. Planning and Zoning Commission Meeting 6. Approved Minutes of the October 19. 2000, Professional Services Advisory Committee Meeting 7. Approved Minutes of the November 7. 2000, Board of County Commissioners Meeting 8. DCA's ORC Report 9. Comprehensive Plan Future Land Use Designation Amendment Ordinance 10. Rezoning Ordinance The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, she closed the public hearing. Commissioner Adams had concerns that redesignating from R to L-1 would increase pressure on the headwaters of the St. Sebastian River. Also the piece next to this is for sale and she felt the Commission was duped when it came before them 6 years ago. It was destined to go on the commercial market and is still there. She believed there is a place for L-1 but felt it was not necessary to go RS -3 right up to I-95 and butt into conservation or other A-1 properties. She believed it is necessary to have a step-down. Also it is not in the urban service area. If developers want to develop RS -3, then they need to find the right location. She felt the request is not compatible with this neighborhood and recommended the Board not grant the rezoning at this time. March 20, 2001 • 113 QE I I r PG 585 MOTION WAS MADE by Commissioner Adams, SECONDED BY Vice Chairman Stanbridge, not to grant the rezoning (later clarified to include not amending the Comprehensive Plan Future Land Use Designation). Under discussion, Vice Chairman Stanbridge recalled the last time this was brought to the Board, she questioned the property as being in the flow plan of the St. Sebastian River. Also, historically, the canal system that runs along CR 512 actually connects with the flow plan through Vero Lake Estates. Corralling the stormwater in the Vero Lake Estates area is being worked on diligently. Many of those lots are in a flow plain and now the County is having to take care of that situation. She suggested this might be considered sprawl which might create a new village or a new town. She had problems with it and did not want to put anyone else in harm's way. It was established that this project would be located within the urban service area and when developed would be required to meet all stormwater criteria for the site. Vice Chairman Stanbridge understood but felt it would impact other properties. Chairman Ginn observed that several creeks throughout the property empty into the river, and Vice Chairman Stanbridge explained the areas have been channelized, advised of the master stormwater plan in the district, and told how the County is working on Vero Lake Estates drainage problems Tremendous dollars are being spent to get control of the stormwater drainage. To add additional homes in the area does not compute. What the Board allows in this area will affect those living in many of the other surrounding properties. In response to the inquiry, Commissioner Adams clarified that her motion included not amending the Comprehensive Plan in this matter because it would not be appropriate due to the proximity of the headwaters of the St. Sebastian River. Also it would create a domino March 20, 2001 effect by allowing 500 homes where 180 are now permitted. Lthe developer wants to develop 500 homes, it will need to be done in and RS -3/L-1 area. Vice Chairman Stanbridge recounted a recent discussion at the Treasure Coast Metropolitan Planning Organization concerning growth management and the fact that the schools moving to the less expensive AG areas are dragging the development with them: this is a very small example. Under the new growth management, the schools and the local governments will have to work together to find ways not to create a sprawl. Chairman Ginn thought it would be ripe for annexation to the City of Sebastian because it is adjacent to the city limits. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (Not approved.) 9.A.5. PUBLIC HEARING - ORDINANCE N(). 2001-005 - RED STICK GOLF CLUB, INC. - AMEND FIGURE 4-13 OF THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN TO REMOVE 81ST STREET, BETWEEN 58TH AVENUE AND OLD DIXIE HIGHWAY (Legislative) PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert M. Keating reviewed a Memorandum of March 5, 2001 using Power Point® (copy on file in the office of the Clerk to the Board) to aid in his presentation: March 20, 2001 TO: James E. Chandler; County Administrator DEPARTMENT. HEAD CONCURRENCE lee is -e-te Robert M. Keating, AICP; Community Dey4lopment Director /S' THROUGH: Sasan Rohani, AICP; Chief, Long-Range Planning March 5, 2001 Red Stick Golf Club, Inc.'s Request to Amend Figure 4.1.3 of the Transportation Element of the Comprehensive Plan to Delete 8151 Street, Between 58th Avenue and Old Dixie Highway PLAN AMENDMENT NUMBER: CPTA 98-10-0172 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 20. 2001. DESCRIPTION AND CONDITIONS This is a request by Red Stick Golf Club. Inc. to amend Figure 4.13 of the Transportation Element of the Comprehensive Plan. That figure is the Future Roadway Functional Classification Map, also known as the Thoroughfare Plan Map. Figure 4.13 identifies 8151 Street as a Rural Major Collector Roadway from 82s Avenue east to US I. The request is to remove the portion of 81s' Street located • between 58th Avenue and Old Dixie Highway. Attachment 2 shows Figure 4.13 as it currently exists; Attachment 3 shows the Proposed Figure 4.13. PAST ACTIONS On September 28, 2000. the Planning and Zoning Commission voted 6 to 0 :o recommend that the Board of County Commissioners approve the proposed amendment and delete 8151 Street. between 581h Avenue and Old Dixie Highway. from the Thoroughfare Plan Map On October 19. 2000. the Professional Services Advisory Committee voted 3 to 3 on a motion to recommend approval of the proposed amendment. On November 7. 2000. the Board of County Commissioners voted 5 to 0 to transmit the proposed amendment to the Florida Department of Community Affairs (DCA) for their review. ORC REPORT Consistent with state regulations. DCA reviewed the proposed amendment and prepared an Objections. Recommendations and Comments (ORC) Report (dated Febniary 9. 2001). which planning staff received on February 12. 2001. The DCA ORC Report Attachment 7 at the end of this staff report. does not contain any objections or comments relating to the proposed amendment March 20, 2001 BACKGROUND The issue of removing a portion of 81" Street from the Thoroughfare Plan Map was first raised when the applicant applied for approval for the Red Stick Golf Club, a 315 acre, 18 hole golf course with a clubhouse and maintenance facility. The project is generally located between 58`" Avenue (Kings Highway) and Old Dixie Highway: and between CR 510 (85`° Street) and 77th Street (Hobart Road). On March 2. 1999. the Board of County Commissioners approved a Conceptual Plan and a Planned Development (PD) rezoning for the Red Stick Golf Club project. On April 8, 1999, the Planning and Zoning Commission approved the preliminary plan/plat with conditions. The site plan for the development has been released. and the entire project has been completed. When the PD application was submitted. staff reviewed the application and determined that 81" Street. as shown on the Thoroughfare Plan Map, bisected the project. even though no right-of-way for that segment existed. At that time staff recognized that the county had to chose one of the following two options: purchase the right-of-way now to approve the golf course now and. significantly higher price. preserve that segment of 81" Street; or if necessary, purchase the right-of-way in the future at a The golf course approval itself is one reason why a future purchase would be much more expensive. For reasons discussed in the analysis portion of this staff report. staff determined that the subject segment of 8151 Street is unlikely to ever be needed or constructed. Therefore. staff determined and the Board agreed. that it was not necessary to purchase the right-of-way now. Although the county declined to try to purchase the 81s' Street right-of-way when the golf course project was reviewed, the referenced portion of 81" Street remains on the Thoroughfare Plan Map. While the existing lack of right-of-way and several other factors discussed in this report indicate that this portion of 81 ' Street will never be built. the applicant has chosen to apply to remove the referenced portion of 8151 Street from the county s long range plans ANALYSIS This section will present an analysis of the reasonableness of the proposed amendment, followed by a discussion of the consistency of the proposed amendment with the comprehensive plan. ANALYSIS OF REASONABLENESS OF PROPOSED AMENDMENT Currently, there is no right-of-way for 8151 Street between Old Dixie Highway and 58th Avenue and no plans. long term or short term. to acquire that right-of-way. These facts alone do not justify deleting a road segment from the Thoroughfare Plan Map, particularly a segment that is within the urban service area. In fact. the established grid system of roads significantly benefits the county by providing more than one route to most destinations. For that reason, the grid system. generally. reduces congestion, aids hurricane evacuation, and should be preserved March 20, 2001 117 BK 1 '6 5 8 9 7.3,4 There are. however. other factors that indicate that the referenced segment could be deleted without adverse impacts. The first factor is that 81' Street does not have a railroad crossing. Because permission for a new railroad crossing is nearly impossible to obtain. 81' Street will probably never have one. For that reason, the segment of 81 ' Street between Old Dixie Highway and 58th Avenue is not now, and likely will never be. connected. Furthermore. both CR 510, half a mile to the north. and 77' Street half a mile to the south. are Thoroughfare Plan Roads with railroad crossings. As a result. the adjacent segments of thegrid system are intact in each direction. In other words. nearly all trips on 81" Street will be diverted to CR 510 or 77th Street at either 58'h Avenue or Old Dixie Highway. regardless of whether or not the segment is deleted from the Thoroughfare Plan Map. For that reason. removing the referenced portion of 81" Street is unlikely to impact service levels of other county roads or hurricane evacuation times. Therefore. the proposed amendment is reasonable CONSISTENCY WITH THE COMPREHENSIVE PLAN Staff reviews each comprehensive plan amendment request for consistency with all applicable policies of the comprehensive plan. As per Section 800.07(1) of the counts code. the 'comprehensive plan may only be amended in such a way as to preserve the internal consistency of the plan pursuant to Section 163.3177(2) F.S." The goals. objectives and policies are the most important pans 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 --including plan amendment decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability to this proposed amendment are the following policies. Future Land Use Element Policy 14.3 In evaluating any comprehensive plan text amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that at Least one of three criteria be met in order to approve a comprehensive plan text amendment. These criteria are: • a mistake in the approved plan: • an oversight in the approved plan; or - • a substantial change in circumstances. Staffs position is that the proposed amendment request meets the second criterion of Future Land Use Element Policy 14 3. When the comprehensive plan was adopted in 1990. and again when it was revised in 1998 as a result of the Evaluation and Appraisal Process, the county failed to consider the special circumstances concerning the referenced segment of 81" Street. Because 81" Street does not have a railroad crossing. it is not connected. and likely never will be connected. between 58`h Avenue and Old Dixie Highway. Therefore, there was no need to include the referenced segment on the Thoroughfare Plan Map For that reason. the proposed amendment is consistent with Future Land Use Element Folic) 14.3. March 20, 2001 BK ! 118 • Transportation Element Policy 1.2 This policy sets the following guidelines for the evaluation and ranking of road projects: a. whether the project is needed to protect public health and safety. to fulfill the county's legal commitment to provide facilities and services. or to preserve or achieve full use of existing facilities: b. whether the project increases efficiency of use of existing facilities. prevents or reduces future improvement costs. provides service to developed areas lacking full service. or promotes in -fill development: whether the project represents a logical extension of facilities and services within a designated urban service area: d. whether the project is the most cost effective alternative: and e. whether the project provides the least adverse impact to the environment of the options. Construction of 8151 Street between 58th Avenue and Old Dixie Highway. without a railroad crossing. is not consistent with any of the above guidelines. Therefore, the referenced segment of 8151 Street does not need to be a Thoroughfare Plan road. and the request to remove that segment from the Thoroughfare Plan Map is consistent with Transportation Element Policv 1.2. Consistency Summary As part of its consistency analysis, staff compared the proposed request to all applicable objectives and policies in the plan and found no conflicts. Therefore, the request is consistent with the comprehensive plan. - CONCLUSION The proposed amendment corrects an oversight in the comprehensive plan. The referenced segment is now. and will likely always be, without a railroad crossing. Therefore, 8P' Street will probably always be unconnected between 58th Avenue and Old Dixie Highway. For that reason. it is unlikely that that segment will ever be constructed. and designation on the Thoroughfare Plan Map is not necessary. Staff supports the request. RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners amend Transportation Element Figure 4.13 to remove 8151 Street. between 58'h Avenue and Old Dixie Highway. ATTACHMENTS 1. Comprehensive Plan Text Amendment Application Existing Figure 4.13 3. Proposed Figure 4.13. 4. Approved Minutes of the September 28. 2000. Planning and Zoning Commission Meeting 5. Approved Minutes of the October 19, 2000. Professional Services Advisory Committee Meeting 6. Approved Minutes of the November 7, 2000. Board of County Commissioners Meeting 7_ DCA's ORC Report 8. Comprehensive Plan Text Amendment Ordinance March 20, 2001 4 119 BK IE7PG 91 The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Bob Johnson, Coral Wind, Vero Beach, asked what the taxpayer is getting in return for removing this road from the MPO traffic plan. Commissioner Adams responded that the County is saving money by not having to purchase the right-of-way, and Chairman Ginn added that once developed the County will be receiving taxes on it. Commissioner Macht thought this would be the third time a road has been removed for a golf course. He also wondered what the saturation level is for golf courses, since we already have about 30 of them. He brought this issue forward not because he has anything against golf courses, but they do use a significant amount of water from the mainland and many individuals' wells have gone to salinity. He felt there were significant reasons they should not have allowed a golf course at 53`d Avenue and Storm Grove Road. He suggested the County start thinking about the desirability of allowing more golf courses and wanted staff to bring forward an update of the road grid plan. He suggested the County make a preliminary determination not to remove any more roads, or to decide which roads will not be eliminated in order to preclude future requests. He felt removal of the road in this request was alright. Vice Chairman Stanbridge advised that if all goes well with the stormwater plan, we will be selling the water to the golf courses. Chairman Ginn felt it important to stick with the grid to avoid problems, but she felt this request would not impact anything. March 20, 2001 BK i / PG 5 9 2 120 4 • Bruce Barkett advised he was present on behalf of the applicant should the Commissioners have any questions. Renee Renzi, 340 Waverly Place, wanted to know if this road already exists or if it is a planned road. Chairman Ginn responded that there is no road there now and there is no right-of-way either. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Vice Chairman Stanbridge, SECONDED BY Commissioner Tippin, the Board unanimously adopted Ordinance No. 2001-005 amending Figure 4-13 of the Transportation Element of the Indian River County Comprehensive Plan to remove 81' Street between 58th Avenue and Old Dixie Highway. ORDINANCE NO. 2001- 005 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA. AMENDING FIGURE 4-13 OF THE TRANSPORTATION ELEMENT OF THE INDIAN RIVER COUNTY COMPREHENSIVE PLAN TO REMOVE 81ST STREET BETWEEN 58TH AVENUE AND OLD DIXIE HIGHWAY; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS. the county received comprehensive plan amendment applications during its July 2000 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on September 28. 2000, after due public notice. and March 20, 2001 121 BK i 7 PG 593 ORDINANCE NO. 2001- 005 WHEREAS, the Local Planning Agency made a recommendation regarding this comprehensive plan amendment to the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on November 7, 2000, after advertising pursuant to F.S. 163.3184(15)(b)(1) and (c), WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs for their review and comment, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan amendment, WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on December 4, 2000, for the State review pursuant to F.S. 163.3184(4), and WHEREAS, Indian River County received the Objections, Recommendations. and Comments (ORC) Report from the Flonda Department of Community Affairs on February 12, 2001, WHEREAS. the ORC Report contained no objections or comments regarding this Comprehensive Plan Amendment, and WHEREAS. the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on March 20, 2001, after advertising pursuant to F.S.163.3184(15)(b); NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Indian River County, Honda. that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and three (3) copies are directed to be transmitted to the State of Honda Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. March 20, 2001 • ORDINANCE NO 2uu 1 SECTION 2. Amendments to tic Pia:. Figure 4-13 of the Transportation Element of the Comprehensive Plan is revised. as shown on Attachment A. to delete 81' Street between 58' Avenue and Old Dixie Highway. SECTION 3. Repeal of Conflicting Provisions All previous ordinances. resolutions, or motions of the Board of County Commissioners of Indian River County. Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore. the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date The effective date of this ordinance. and therefore, this plan amendment. shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184(1)(b). Florida Statutes, whichever occurs earlier. No development orders. development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. e This ordinance was advertised in the Press -Journal on the 7`h day of March. 2001. for a public hearing to be held on the 20th day of March. 2001, at which time it was moleed for adoption by Commissioner Stanbri dge , seconded by Commissioner Ti ppi n and adopted by the following vote: Chairman Caroline D. Ginn Aye Vice -Chairman Ruth M. Stanbridge Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Ay BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: -t0-te.#c.e.- /C J• n Caroline D. Ginn, Chai an ATTEST BY: March 20, 2001 • Jeffrey _K- rton, ClerkAL3y \A 123 J - < �<L G�2<c��c 7 123 BK t 1 7 PG 595 ORDINANCE NO. 2001- 005 Q� Acknowledgment by the Department of State of the State of Florida this,a 1 day of ' 1, '001 Acknowledgment from the Department of State received on thiseilday o 001 at A.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP Community Development Director cd\u\v\j\cpta\ju100 \red-stick\ord.wpd $Anl It. Cs Apsr Ove° r- Dii le Adman I Legal /C ' -- f/ems eudye t nkr- »7/l DIOL /.7 Risk Mgr. _____ _. March 20, 2001 ATTACHMENT A ria 0 March 20, 2001 9.A.6. PUBLIC HEARING - ORDINANCE NOS. 2001-006, -007, - 008, -009, -010 - COUNTY -INITIATED AMENDMENTS TO THE FUTURE LAND USE ELEMENT, THE COASTAL MANAGEMENT ELEMENT, THE POTABLE WATER SUB -ELEMENT, AND THE SANITARY SEWER SUB -ELEMENT OF THE COMPREHENSIVE PLAN (AG PDS, CARIBBEAN FRUIT FLY HOST PLANTS, CLARIFY FUTURE LAND USE MAP, UTILITY SERVICES TO AG PDS, POST - DISASTER RECOVERY & REDEVELOPMENT) (Legislative) PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert M. Keating reviewed a Memorandum of March 9, 2001 using Power Point R (copy on file in the office of the Clerk to the Board) to aid in his presentation: TO: James E. Chandler; County Administrator DEP ENT HEAD CONCURRENCE Robert M. Keating, AICP; C munity I$elopment Director THROUGH: Sasan Rohani, AICP; Chief, Long -Range Planning S iti• John Wachtel; Senior Planner, Long -Range Planning March 9, 2001 County Initiated Request to Amend The Future Land Use Element, The Coastal Management Element, The Potable Water Sub -Element, and The Sanitary Sewer Sub -Element of the County's Comprehensive Plan PLAN AMENDMENT NUMBER: CPTA 2000-07-0161 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 20. 2001. DESCRIPTION AND CONDITIONS On February 13, 1990, Indian River County adopted its comprehensive plan. On March 17, 1998. as part of the Evaluation and Appraisal Process that plan was substantially updated. As required by state law, all development activities must be consistent with the comprehensive plan. and all county activities must conform to plan policies. Occasionally, the plan must be updated to reflect the latest and best available information and to address changed conditions. Additionally, the plan must periodically be reviewed and revised in order to reflect the community's changing needs and desires. For those reasons, the county has initiated this amendment. March 20, 2001 After a recent review of the plan, staff determined that several elements need to be revised. The affected elements are the Future Land Use Element. the Sanitary Sewer Sub -Element. the Potable Water Sub -Element, and the Coastal Management Element. The proposed amendments are related to Agricultural Planned Developments (PDs ). Caribbean Fruit Fly host plants. the Future Land Use Map, utility service for agricultural businesses located outside the urban service area. and post - disaster recovery and redevelopment. As originally submitted, the proposed amendment also contained revisions to the Recreation and Open Space Element relating to arts and cultural activities. At the transmittal public hearing however. the Board of County Commissioners decided to consider that portion of the proposed amendment separately and at a later date. For that reason. the arts and culture related re%isions to the Recreation and Open Space Element are no longer part of this proposed amendment. Those revisions will be considered with the plan amendments submitted during the January 2001 comprehensive plan amendment submittal window. The proposed additions and deletions to the plan are shown on Attachment 2. In this attachment. deletions are indicated by atLik‘. tin uu_ i3. while additions are shown as double underlined. The Board of County Commissioners is now to decide whether or not to adopt the requested amendment. PAST ACTIONS On September 28, 2000. the Planning and Zoning Commission voted 5 to 1 to recommend that the Board of County Commissioners approve the proposed amendments as shown on Attachment 2. On October 19. 2000. the Professional Services Advisory Committee voted 4 to 2 to recommend that the Board of County Commissioners approve the proposed amendments as shown on Attachment 2. On November 7. 2000. the Board of County Commissioners voted 5 to 0 transmit the proposed amendment to the Florida Department of Community Affairs (DCA) for their review. ORC REPORT Consistent with state regulations. DCA reviewed the proposed amendment and prepared an Objections. Recommendations and Comments (ORC) Report (dated February 9, 2001), which planning staff received on February 12. 2001. The DCA ORC Report Attachment 6 at the end of this staff report. does not contain any objections relating to the proposed amendment. The ORC Report did, however. contain two recommendations pertaining to the proposed amendment. In contrast to objections, recommendations cannot be used as a basis for finding an adopted amendment not in compliance. The first recommendation is that the county keep those portions of Coastal Management Element Policy 7.4 that pertain to post -disaster redevelopment. DCA's other recommendation is related to the proposed changes to Agricultural Planned Developments. DCA recommends that the county consider keeping the existing clustering and Planned Development requirement, but make it mandatory only for larger parcels such as 40 acres or more. Each of those recommendations will be discussed in the analysis section of this staff report under the applicable category. March 20, 2001 DESCRIPTION OF AMENDMENTS BY CATEGORY The proposed amendments can be grouped into five categories based on their subject. Each subject category of amendments is described below. Optional Agricultural PDs The proposed amendments to the Future Land -Jse Element make Agricultural PDs optional, rather than mandatory. for residential development outside the urban service area. Agricultural PDs are residential subdivisions located on agriculturally designated land (agriculturally designated land is outside of the county's urban service area). Other types of PDs are permitted only within the urban service area. The county's comprehensive plan and land development regulations currently require residential subdivisions of two or more lots (other than a one time lot split) on agriculturally designated land to be approved as Agricultural PDs. Within Agricultural PDs, and PDs in general special negotiated regulations allow developers additional flexibility in terms of subdivision and lot design (to meet market demand), as long as certain minimum standards are maintained. Among those standards is the requirement that residential density not exceed the density allowed by the underlying land use designation. In addition to providing developers with more design flexibility, the PD process also gives the Board of County Commissioners more discretion. compared to regular subdivision projects, with respect to project approvals. There are two key requirements that are applicable to Agricultural PDs, but not applicable to non - Agricultural PDs. The first is that lots cannot exceed one acre in size, while the second is that lots must be clustered on a relatively small portion of the overall project property. The remainder of the site. regardless of its ownership. must remain in open space (either as natural: agricultural; or to a limited degree. recreational areas) for as long as the property retains an agricultural land use designation. Over the past few years. several proposed Agricultural PDs have been considered by the Board of County Commissioners at public hearings. In reviewing those proposals, both the public and the Board questioned whether Agricultural PDs and clustering should be required and whether there were benefits associated with clustering. As a result of that questioning, the following public meetings on this issue were conducted: • two Board of County Commissioners workshops: • two Agricultural Advisory Committee workshops; and • one Professional Services Advisory Committee meeting. At the April 4.2000, Board of County Commissioners meeting, the Board instructed staff to initiate a plan amendment to eliminate the requirement that any residential development of agriculturally designated land must be approved as an Agricultural PD. The revisions related to Agricultural PDs involve changes to the Land Use Analysis section of the Future Land Use Element, and to Future Land Use Element Policies 1.10 and 5.8. In addition to eliminating the Agricultural PD requirement. those revisions make Agricultural PDs and clustering an optional (rather than required) development type for agriculturally designated land. While the revisions eliminate the requirement that residential development of agriculturally designated areas be done only through the Agricultural PD process with clustering required. the March 20, 2001 amendment also makes some changes to the soon to be optional Agricultural PD requirements. Those changes include the following: • The open space area must be under the ownership of a single entity and maintained as open space in perpetuity. through a conservation and/or agricultural preservation easement. • The clustered lots must be grouped together in a compact. contiguous manner. • Golf courses are not permitted as part of Agricultural PDs. Caribbean Fruit Fly Host Plants As part of the Evaluation and Appraisal Process. the county added a policy restricting Caribbean Fruit Fly 'host ' plants in certain types of new development on agriculturally designated land. The existence of Caribbean Fruit Fly host plants near active citrus groves can adversely affect protocol approval of grove fruit. For that reason. the county adopted a policy that requires the following special conditions for Administrative Permit. Special Exception and/or Planned Development approN,al of projects on agriculturally designated land: Caribbean Fruit Fly host plants shall be prohibited on the subject site. That prohibition shall be enforceable through the county code enforcement board; and A deed restriction shall be recorded and established on the subject site. That deed restriction shall prohibit the occurrence of Caribbean Fruit Fly host plants on the subject site and shall be acceptable to the county attorney's office. Because many active citrus groves continue to exist within the urban service area. on non - agriculturally designated land. the proposed amendment expands these restrictions to those areas. The revisions related to Caribbean Fruit Fly host plants involve changes to Future Land Use Element Policy 6.5. Clarification of the Future Land Use Map This is a minor non -substantive amendment intended to clarify the Future Land Use Map. Currently, the comprehensive plan contains two maps (Future Land Use Element Figures 2.31a and 2.31b) depicting land use designations and the urban service area. Because these maps are difficult to read. the proposed amendment replaces references to those maps with references to a more accurate. more legible and larger scale version. The proposed amendment does not change any land use designation or urban service area boundary. The revisions related to clarification of the Future Land Use Map involve Future Land Use Element Policies 1.1 and 2.1; and portions of Sanitary Sewer Sub -Element Policy 5.8. and Potable Water Sub - Element Policy 5.7. Utility Service to Agricultural Areas With few exceptions. the extension of utility service outside the urban service area is prohibited. This amendment makes two changes related to those exceptions. The first change clarifies and ensures that any approved development or activity on agriculturally designated land (outside the urban service area) can receive necessary utility service if the lack of utilities is determined to be a health threat. March 20, 2001 The proposed amendment also allows potable water service to any approved agricultural business if the business is located near the urban service area. To qualify for this allowance. at least a portion of the business's development site must be located within one mile of a public roadway which serves as an urban service area boundary. The utility service revisions related to agricultural areas involve Future Land Use Element Policy 6.1. Sanitary Sewer Sub -Element Policy 5.8. and Potable Water Sub -Element Policy 5.7. Post -Disaster Recovery and Redevelopment Coastal Management Element Objective 7 and the eight policies associated with that objective involve post -disaster recovery and redevelopment. Specifically. Objective 7 and Policies 7.2. 7.3. and 7.4 call for the development and adoption of a Local Mitigation Strategy (LMS) as an annex to the County's Comprehensive Emergency Management Plan. In November. 1999. the Board of County Commissioners adopted an LMS. That action implemented and completed Policies 7.2, 7.3 and 7.4. which can now be deleted. The proposed amendment will revise Objective 7; create a new Policy 7.2 to ensure implementation of the LMS: delete Policies 7.3, and 7.4; and renumber the remaining policies. ANALYSIS This section will present an analysis of the reasonableness of the proposed amendment. followed by a discussion of the consistency of the proposed amendment with the comprehensive plan. ANALYSIS OF REASONABLENESS OF PROPOSED AMENDMENT Optional Agricultural PDs The key component of Agricultural PDs is the requirement to cluster lots. In theory, there are several advantages associated with this requirement. Those advantages are: is Clustering preserves agricultural uses; Clustering discourages urban sprawl; 3. Clustered development can be served more efficiently; and 4. Clustering allows incremental, rather than "leap frog " expansion of the urban service area. During public discussions on the subject. however. the Board of County Commissioners made several findings indicating that the Agricultural PD process is not achieving its goals of preserving agriculture and open space, or discouraging urban sprawl. As a whole. the Board's findings indicate that clustering through the Agricultural PD process should be changed to an option, rather than remaining a requirement. Those findings are as follows: The Agricultural PD process is lengthy and expensive, particularly for small (40 acres or less) land owners. Most Agricultural PDs have been within this size category. The community prefers allowing both the clustered and the unclustered development options to be available to owners of agriculturally designated land. Even if the Agricultural PD process were made optional. an incentive to use it remains. That incentive is that the ability to connect to centralized utility service remains available only to Agricultural PDs. March 20, 2001 Most other Flonda counties do not require clustering; some allow it as an option. some do not allow it at all The existing lot size pattern within one to one and half miles from the urban service area is currently dominated by lots of ten acres or less in size. Clustering does not preserve agricultural operations. Generally. farmers do not divide their property into a residential portion and an agricultural portion. Because their agricultural operations must be separate from non-agricultural uses, they farm their entire property until the market indicates it is no longer profitable then the entire property is converted to a non- agricultural use. The current urban service area should not be expanded. The 5 -acre to 10 -acre "ranchette" lots along the urban service area boundary act as a "greenbelt" to prevent urban service area expansion and eventually to control growth. In addition to making Agricultural PDs optional. the proposed amendment strengthens and clarifies the intent and requirements of Agncultural PDs. The proposed amendment specifically states the following: • Clustered means grouped together in a compact. contiguous manner. • The open space area must be under the ownership of a single -entity. • Golf courses shall not be permitted as part of Agricultural PDs. These changes to the Agricultural PD option emphasize and protect the rural character of land outside the urban service area. The county has recognized several problems with the Agricultural PD process. Those problems have been noted and discussed earlier in this section. The proposed amendment addresses those problems by making the process optional and by "tightening" the regulations for those who choose the Agricultural PD option. For these reasons. the proposed amendment is reasonable. DCA Recommendation DCA recommends that the Agricultural PD and clustering requirement be retained for tracts of 40 or more acres. Although intended to preserve open space and agricultural land. this proposal would be of little use because it applies to so few parcels in the areas where Agricultural PDs tend to occur In those areas nearly all existing tracts are less than 40 acres in size. Caribbean Fruit Fly Host Plants The restrictions on Caribbean fruit fly host plants are necessary to protect citrus production. one of the county's largest industries. While these restrictions are currently in place on agriculturally designated land. many active citrus groves exist within the urban service area. The proposed amendment expands these restrictions to include developments within the urban service area. For these reasons. the proposed amendment is reasonable. March 20, 2001 Clarification of the Future Land Use Map The Future Land Use Maps referred to in the policies of the comprehensive plan have a small scale, are maintained by hand, and are difficult to read. Those maps consist of different shadings and cross -hatchings laid over an 11" by 17" base map that is then reduced to letter size. In the past those maps have generated confusion regarding land use designation boundaries. In contrast, the county now has the ability to produce large scale, precise, computer generated, color maps. The proposed amendment ensures that the computer generated map will be the official county land use map and will be used to determine land use designation and urban service area boundaries. For these reasons the proposed amendment is reasonable. Utility Service to Agricultural Areas Although not changing permitted uses on agriculturally designated land, these revisions to the comprehensive plan increase the opportunities -for approved agricultural businesses located outside the urban service area to connect to centralized potable water and sanitary sewer service. By allowing such connections, the proposed amendment will positively impact juice making plants. packing houses, and other agricultural businesses. The proposed amendment will reduce health risks and encourage agricultural businesses to locate near the urban service area. The incentive to locate near the urban service area is the provision that, unless a health risk is involved, service can be provided only to approved agricultural businesses located within one mile of the urban service area. For these reasons, the proposed amendment is reasonable. Post -Disaster Recovery and Redevelopment Objective 7 of the Coastal Management Element and its associated policies indicate that the county shall complete certain tasks within certain timeframes. One of those tasks, the development and adoption of a Local Mitigation Strategy (LMS) as an annex to the County's Comprehensive Emergency Management Plan, has recently been completed. The proposed amendment revises Objective 7 and its policies to reflect that the LMS task has been completed, that the recommendations of the LMS are being implemented Therefore, the proposed amendment is reasonable. DCA Recommendation Planning staff contacted DCA about DCA's recommendation. During that conversation DCA indicated that it was not clear to them that the all the pans of Policy 7.4 had been completed and that the county would implement the LMS recommendations. To address DCA's concern, staff has included Policy 7 2 which specifically states that the county will maintain and implement the LMS. CONSISTENCY WITH THE COMPREHENSIVE PLAN Staff reviews each comprehensive plan amendment request for consistency with all applicable policies of the comprehensive plan. As per Section 800.07(1) of the county code, the comprehensive plan may only be amended in such a way as to preserve the internal consistency of the plan pursuant to Section 163.3177(2) F.S." March 20, 2001 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 --including plan amendment decisions. While all comprehensive plan policies are important. some have more applicability than others in reviewing plan amendment requests. Future Land Use Element Policy 14.3. however. is applicable to all plan amendment requests. For that reason. this section will begin with a discussion of how each proposed amendment is consistent with Future Land Use Element Policy 14.3. Following that discussion. there will be a section detailing how each proposed amendment is consistent with the rest of the comprehensive plan. Future Land Use Element Policy 14.3 In evaluating any comprehensive plan text amendment request. the most important consideration is Future Land Use Element Policy 14.3. This policy requires that at least one of three criteria be met in order to approve a comprehensive plan text amendment. These criteria are: • the proposed amendment corrects a mistake in the approved plan: • the proposed amendment corrects an oversight in the approved plan: or • the proposed amendment is warranted based on a substantial change in circumstances. The following table identifies which of Policy 14.3's criteria applies to each proposed amendment. PROPOSED AMENDMENTS CRITERIA Mistake 1 Oversight l Change in Circumstances Optional Agricultural PDs Caribbean Fruit Fly Host Plants Clarification of the Future Land Use Map X( acquired computer capability Utility Service to Agricultural Areas Post -Disaster Recovery & Redevelopment X (LMS completed) When the plan was adopted, oversights related to Agricultural PDs and clustering occurred. As detailed previously. public testimony before the Board described several reasons why required clustering of residential development on agriculturally designated land does not benefit the county At the time the plan was adopted, the county overlooked those facts, including the fact that the existing lot size pattern within one to one and half miles of the urban service area is currently dominated by lots of ten acres or Less in size. Overlooking those facts constitutes an oversight. For that reason, the proposed amendment making Agricultural PDs optional meets the second critenon of Future Land Use Element Policy 14.3 and is consistent with Future Land Use Element Policy 14.3 An oversight also occurred when the county included only agriculturally designated land when the county adopted Future land Use Element Policy 6.5 as part of the Evaluation and Appraisal Process. March 20, 2001 Since Policy 6.5's restrictions on Caribbean Fruit Fly host plants could also benefit the many active citrus groves within the urban service area. those restnctions should have been applied countywide Limiting the provisions of Policy 6.5 to agriculturally designated land constitutes an oversight. For that reason. the proposed amendment expanding the restrictions on Caribbean Fruit Fly host plants meets the second criterion of Future Land Use Element Policy 14.3 and is consistent with Future Land Use Element Policy 14.3. The proposed amendment involving utility service to agricultural areas also corrects an oversight. In that case. the county previously overlooked the fact that juice making plants and other legitimate approved agricultural businesses located on agriculturally designated land may need centralized utility services to operate. For that reason. the proposed amendment allowing utility service to agricultural Areas meeting certain criteria meets the second criterion of Future Land Use Element Policy 14.3 and is consistent with Future Land Use Element Policy 14.3 Summary of Consistency with Future Land Use Element Policy 14.3 Each proposed plan amendment is necessary either because of a change in circumstances or to correct an oversight. Therefore, each meets either the second or the third criterion of Future Land Use Element Policy 14.3. For that reason. all of the proposed amendments are consistent with Future Land Use Element Policy 14.3. Optional Agricultural PDs Future Land Use Element Objective 6 promotes the preservation of active agricultural operations. Conventional wisdom indicates that clustered residential development of agriculturally designated land preserves agricultural operations by allowing most of the property to continue to be used for agriculture. Except for a few large tracts, however it is not feasible for Indian River County farmers to use a portion of their land (even up to 80%) for agriculture, while another portion contains residences. Due to incompatibilities. residences on a portion of a site essentially prohibit agricultural use of an entire site. Therefore clustering does not protect agricultural operations: and eliminating the clustering requirement does not impede agricultural protection For these reasons, the proposed amendment is consistent with Future Land Use Element Objective 6. The proposed amendment is also consistent with Future Land Use Element Policy 2.3. That policy requires development at densities greater than 1 unit/5 acres to be located within the urban service area. The proposed amendment does not change any densities or land use designations. In fact, by allowing 5 acre lots along the urban service area boundary, the proposed amendment discourages urban service area expansion. Caribbean Fruit Fly Host Plants Future Land Use Element Objective 6 and its policies promote protection of active agricultural operations in the county. Future Land Use Element Policies 6.3 and 6.4 specifically protect agriculture within the urban service area. The proposed amendment also works to protect agriculture within the urban service area. For that reason, the proposed amendment is consistent with Future Land Use Element Objective 6 and Future Land Use Element Policies 6.3 and 6.4. Utility Service to Agricultural Areas The proposed amendment is consistent with Sanitary Sewer Sub -Element Policy 2.4 and Potable Water Sub -Element Policy 2.4. Those policies commit the county to providing utilities to areas of the county where the lack of utilities is determined to be a health risk. The proposed amendment March 20, 2001 specifically allows utility connections where the lack of utilities is determined to be a health risk. For that reason. the proposed amendment is consistent with Sanitary Sewer Sub -Element Policy 2 4 and Potable Water Sub -Element Policy 2.4. Consistency Summary As part of its consistency analysis, staff compared the proposed amendments (including the amendments associated with Post -Disaster Recovery and Redevelopment. and Clarification of the Future Land Use Map) to all applicable objectives and policies in the plan and found no conflicts. Therefore, the request is consistent with the comprehensive plan. CONCLUSION The proposed amendment updates the plan to better reflect current conditions and circumstances. The proposed revisions eliminate policies that have been implemented: clarify the plan: facilitate the elimination of public health risks; and promote agricultural businesses and economic development. The revisions are reasonable and consistent with the comprehensive plan. Staff supports the request. RECOMMENDATION Based on the analysis. staff and the Planning and Zoning Commission recommend that the Board of County Commissioners adopt the proposed amendments shown on Attachment 2. ATTACHMENTS 1. Comprehensive Plan Text Amendment Application 2. Proposed Revisions to the Comprehensive Plan 3. Approved Minutes of the September 28. 2000. Planning and Zoning Commission Meeting 4. Approved Minutes of the October 19, 2000, Professional Services Advisory Comrnittee Meeting 5. Approved Minutes of the November 7; 2000. Board of County Commissioners Meeting 6. DCA's ORC Report 7. Comprehensive Plan Text Amendment Ordinance (Optional Agricultural PDs) 8. Comprehensive Plan Text Amendment Ordinance (Caribbean Fruit Fly Host Plants) 9. Comprehensive Plan Text Amendment Ordinance (Clanfication of the FLUM) - 10. Comprehensive Plan Text Amendment Ordinance (Utility Service to Agricultural Areas) 11. Comprehensive Plan Text Amendment Ordinance (Post -Disaster Recovery and Redevelopment) Chairman Ginn referred to page 306 and wanted to make certain at the second bullet (The open space area must be under the ownership of a single -entity.) that it is "in perpetuity" such as is stated on page 303, and Director Keating assured her that it was in the ordinance on page 314. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. March 20, 2001 Toni Robinson, 1111 Indian Mound Trail, speaking as an individual, wished to point out there have been a lot of studies on clustering which indicate it has been very beneficial in many areas for holding off sprawl. She knew the Commissioners were aware of all the land available for development inside the urban service area, how costly it is to extend utilities outside the urban service area which, if done on a piecemeal basis, is even more expensive and that new development does not cover those costs. She also pointed out that the areas between I-95 and the urban service area are a water recharge area and that water needs will increase as the county develops. She thought the Board should move slowly and consider these points very closely. She noticed while traveling in Europe recently that people live in the towns and use the open areas for farmland. She felt there was a lesson to be learned. Chairman Ginn commented that it is hoped that these proposed ordinances will address that. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Tippin, the Board unanimously adopted Ordinance No. 2001-006 amending the Future Land Use Element of the Comprehensive Plan regarding Agricultural Planned Developments. ORDINANCE NO. 2001- 006 AN ORDINANCE OF INDIAN RIVER COUNTY. FLORIDA AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN REGARDING AGRICULTURAL PLANNED DEVELOPMENTS; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990. and March 20, 2001 WHEREAS. the county received comprehensive plan amendment applications during its July 2000 amendment submittal window. and WHEREAS. the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on September 28, 2000. after due public notice. and WHEREAS, the Local Planning Agency made a recommendation regarding this comprehensive plan amendment to the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on November 7. 2000. after advertising pursuant to F.S. 163.3184(15 )(b)(1) and (c). WHEREAS. the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs for their review and comment. and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan amendment, WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on December 4, 2000, for the State review pursuant to F.S.163.3184(4). and WHEREAS. Indian River County received the Objections, Recommendations. and Comments (ORC) Report from the Florida Department of Community Affairs on February 12, 2001, WHEREAS, the ORC Report contained no objections regarding this Comprehensive Plan Amendment. and WHEREAS. the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on March 20. 2001. after advertising pursuant to F.S.163.3184(15)(b); March 20, 2001 NOW, THEREFORE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and three (3) copies are directed to be transmitted to the State of Florida Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. SECTION 2. Amendments to the Comprehensive Plan The data and analysis, Policy 1.10. and Policy 5.8 of the Future Land Use Element of the Comprehensive Plan are revised. as shown on Attachment A. SECTION 3. Repeal of Conflicting Provisions All previous ordinances. resolutions. or motions of the Board of County Commissioners of Indian River County, Honda which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore. the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date The effective date of this ordinance, and therefore, this plan amendment. shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. No development orders, development permits. or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming its effective status. a copy of which resolution shall be sent to the Florida Department of Community Affairs. Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Press -Journal on the 7`h day of March. 2001, for a public hearing to be held on the 20th day of March. 2001. at which time it was moved for adoption by Commissioner Adams , seconded by Commissioner Tippin and adopted by the following vote: Chairman Caroline D. Ginn Aye Vice -Chairman Ruth M. Stanbridge Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht 'ye Commissioner John W. Tippin Aye March 20, 2001 Br{ 117PG610 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ATTEST BY: Jef rey arson, Clerk Acknowledgment by the Department of State of the State of Florida this. day day o).\,_„.k;'2001 Acknowledgment from the Department of State received on this >rdav YthC, 001. at A.M./Mat. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating. AICP Community Development Director f cd\u\v\j\cpta\ju100 \ci-revisions\ag pd ord.wpd March 20, 2001 BR II7PG611 ATTACHMENT A FUTURE LAND USE ELEMENT Page 58; Development Opportunities section of the Land Use Analysis Agricultural Planned Developments An Agricultural Planned Development (PD) is a type of development which is optional on agriculturally designated land located outside of the urban service area. Agricultural PDs permit the normally allowable residential density on agriculturally designated land to be clustered into a small area of the project, on building lots no greater than 1 acre in size. The remainder of the project area is preserved as agricultural, conservation, and/or recreational open space. With this type of development, farm lands, natural areas, and open space can be preserved in large, contiguous areas in a manner that preserves agricultural character and functionality. During the 1990 to 1999 time period, the county approved 10 agricultural PDs. Because such developments preserve open space, agricultural uses and the rural character of certain areas of the county the county should take actions to encourage agricultural PDs. Such actions could include amending the county's land development regulations to streamline the Agricultural PD process. while continuing to ensure the clustering of Lots and the preservation of large areas of agricultural or recreational open space. Policy 1.10 Development of agriculturally designated lands shall be limited to the following: Agricultural Uses such as Farming. Groves, Range and Livestock Activities and Forestry Excavation Activities Agricultural Planned Developments consistent with Future Land Use Element Policy 5.8 Single -Family Residential Uses • up to 1 unit/lot or parcel on legally established non -conforming lots or parcels of record existing on October 1, 1990 • up to 1 unit/5 acres in AG -1 designated areas • up to 1 unit/10 acres in AG -2 designated areas • up to 1 unit/20 acres in AG -3 designated areas Agricultural Research Uses Agriculturally Related Businesses Recreational Uses Public Facilities Institutional Uses Public Schools (Public schools shall be permitted on agriculturally designated lands only within mixed use projects and traditional neighborhood design projects, or on sites located outside of. but contiguous to, the urban service area boundary.) March 20, 2001 • policy 5.8 All Planned Development (PD) projects approved in any agriculturally designated area shall meet the following criteria: The density of the project shall not exceed the maximum density of the underlying land use designation; no density transfers from off-site lands. and no density bonuses shall be permitted within PD projects in agriculturally designated areas. Residential lots created through the PD process shall not exceed one acre in size, with the remainder of the area designated as open space• all residential lots must be clustered together to limit the impact of development on agricultural lands. Clustered means grouped together in a compact. contiguous manner The open space area must be under the ownership of a single entity and maintained as open space. in perpetuity. through a conservation and/or agricultural preservation easement. Open space areas shall be retained as natural areas or used for agricultural uses: however. up to thirty percent of the open space area may be used for recreational purposes in AG -1 areas: up to twenty- five percent of the open space area may be used for recreational purposes in AG -2 areas and up to twenty percent of the open space area may be used for recreational purposes in AG -3 areas. Golf Courses shall not be permitted as part of Agricultural PDs. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Tippin, the Board unanimously adopted Ordinance No. 2001-007 amending the Future Land Use Element of the Comprehensive Plan regarding Caribbean Fruit Fly Host Plants. ORDINANCE NO. 2001- 007 AN ORDINANCE OF INDIAN RIVER COUNTY. FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN REGARDING CARIBBEAN FRUIT FLY HOST PLANTS; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13. 1990, and WHEREAS, the county received comprehensive plan amendment applications during its July 2000 amendment submittal window, and March 20, 2001 141 61<117PG6i3 WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on September 28, 2000, after due public notice, and WHEREAS, the Local Planning Agency made a recommendation regarding this comprehensive plan amendment to the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on November 7, 2000, after advertising pursuant to F.S. 163.3184(15)(6)(1) and (c), WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs for their review and comment, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan amendment, WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on December 4, 2000, for the State review pursuant to F.S.163.3184(4), and WHEREAS, Indian River County received the Objections, Recommendations. and Comments (ORC) Report from the Florida Department of Community Affairs on February 12, 2001, and WHEREAS, the ORC Report contained no objections or comments regarding this Comprehensive Plan Amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on March 20. 2001, after advertising pursuant to F.S.163.3184(15)(b); NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: March 20, 2001 SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and three (3) copies are directed to be transmitted to the State of Florida Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. SECTION 2. Amendments to the Comprehensive Plan Policy 6.5 of the Future Land Use Element of the Comprehensive Plan is revised. as shown on Attachment A. SECTION 3. Repeal of Conflicting Provisions All previous ordinances. resolutions, or motions of the Board of County Commissioners of Indian River County. Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore, the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction such provision shall be deemed a separate. distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date The effective date of this ordinance. and therefore. this plan amendment, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section I63.3184(1)(b), Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming its effective status. a copy of which resolution shall be sent to the Florida Department of Community Affairs. Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Press -Journal on the 7'h day of March. 2001, for a public hearing to be held on the 20'h day of March, 2001. at which time it was moved for adoption by Commissioner Adams . seconded by Commissioner adopted by the following vote: Ti PPi n and March 20, 2001 Chairman Caroline D. Ginn Vice -Chairman Ruth M. Stanbridge Commissioner Fran B. Adams Commissioner Kenneth R Macht Commissioner John W. Tippin Aye Aye Aye Aye Aye 143 H7PG615 • 4.4 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: `�, C), Caroline D. Ginn, Chaifman ATTEST BY: Jeffrey Barton, Clerk % cy Acknowledgment by the Department of State of the State of Florida this r / day of I'Ct- 2001 Acknowledgment from the Department of State received on this > /day of :(„.1, . C, 2001, at A.M.Rliff4. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Honda. APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. -Collins II. Deputy County Attorney APPROVED AS TO PLANNING MATTERS i i11, ;» Robert M. Keating, AICP Community Development Director 1 Iv Cr cd\u\v\jAcpta\ju100 \ci-revisions\fruit fly ord.wpd ATTACHMENT A FUTURE LAND USE ELEMENT dm Pen Ct Admin Legal Budget Dept Risk Mgr. Aov o. eu Policy 6.5 Indian River County land development regulations shall require the following special conditions for Affidavit of Exemption, Administrative Permit, Special Exception and/or Planned Development approval of projects on agriculturally designated land: and for Administrative Permit. Special Exception and/or Planned Development approval of projects within the urban service area that are located near active citrus groves: • Caribbean Fruit Fly host plants shall be prohibited on the subject site. That prohibition shall be enforceable through the county code enforcement board; and • A deed restriction shall be recorded and established on the subject site. That deed restriction shall prohibit the occurrence of Caribbean Fruit Fly host plants on the subject site and shall be acceptable to the county attorney's office. March 20, 2001 6K117P3616 144 • R"F ON MOTION by Commissioner Adams, SECONDED BY Commissioner Tippin. the Board unanimously adopted Ordinance No. 2001-008 amending the Future Land Use Element, the Sanitary Sewer Sub -Element. and the Potable Water Sub -Element of the Comprehensive Plan regarding the Clarification of the Future Land Use Map. ORDINANCE NO. 2001- 008 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA. AMENDING THE FUTURE LAND USE ELEMENT, THE SANITARY SEWER SUB -ELEMENT AND THE POTABLE WATER SUB -ELEMENT OF THE COMPREHENSIVE PLAN REGARDING THE CLARIFICATION OF THE FUTURE LAND USE MAP: AND PROVIDING SEVERABILITY AND EFFECTIVE DATE WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13. 1990, and WHEREAS, the county received comprehensive plan amendment applications during its July 2000 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on September 28, 2000. after due public notice, and WHEREAS, the Local Planning Agency made a recommendation regarding this comprehensive plan amendment to the Board of County Commissioners. and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on November 7, 2000. after advertising pursuant to F.S. 163.3184(15)(b)(1) and (c), and WHEREAS. the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs for their review and comment, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan amendment, and March 20, 2001 vo� 145 BK 17 PG 617 • WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on December 4, 2000, for the State review pursuant to F.S. 163.3184(4), and WHEREAS. Indian River County received the Objections. Recommendations, and Comments (ORC) Report from the Florida Department of Community Affairs on February 12, 2001, WHEREAS. the ORC Report contained no objections or comments regarding this Comprehensive Plan Amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on March 20, 2001. after advertising pursuant to F.S.163.3184(15)(b); NOW. THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and three (3) copies are directed to be transmitted to the State of Honda Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. SECTION 2. Amendments to the Comprehensive Plan Policies 1.1 and 2.1 of the Future Land Use Element: Policy 5.8 of the Sanitary Sewer Sub - Element; and Policy 5.7 of the Potable Water Sub -Element of the Comprehensive Plan are revised. as shown on Attachment A. SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore, the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate. distinct and independent provision and such holding shall not affect the validity of the remaining provisions. March 20, 2001 146 B( 7Pbb18 • SECTION 5. Effective Date The effective date of this ordinance. and therefore. this plan amendment. shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding .the amendment in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. No development orders. development perrmts, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless he made effective by adoption ata public meeting after public notice of a resolution affirming its effective status. a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management. Plan Processing Team. This ordinance was advertised in the Press -Journal on the 71 day of March. 2001. for a public hearing to be held on the 20'h day of March. 2001. at which time it was mos ed for adoption by Commissioner Adams . seconded by Commissioner Ti ppi n and adopted by the following vote: Chairman Caroline D. Ginn AyP Vice -Chairman Ruth M. Stanbridge Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: /C1nCaroline D. Ginn, Chai n • ATTEST BY: � l'=...�'�.�+—�.-� Jeffrey-K—Barton, Clerk ) Acknowledgment by the Department of State of the State of Florida this ' day of\ , 2001 C\J Acknowledgment from the Department of State received on this�'day of„\'V�-:001. at A.M.I 1. and filed in the office of the Clerk of the Board of County Comrrussioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, Deputy County Attorney March 20, 2001 APPROVED AS TO PLANNING MATTERS a �yact Robert M. Keating, AICP Community Development Director cd\u\v\j\cpta\jul00 \ci-revisions\clarify flum ord.wpd 147 E.; 11? PG 619 ATTACHMENT A FUTURE LAND USE ELEMENT Policy 1.11 Indian River County hereby adopts the Future Land Use goal. objectives, policies as well as Figures 2.8, 2.17. 2.19, 2.20, 1./1, 2.22, 2 23, 2.25. 2.27, and 2.29; and The Official Future Land Use Map. Policy 2.1 Indian River County hereby adopts the 2020 Urban Service Area depicted on the County's Official Future Land Use Map. The Urban Service Area includes land where services necessary to support urban development are available at levels identified in this and other elements of the Comprehensive Plan. At a minimum, those services shall include centralized utilities service, improved roadways, solid waste disposal, stormwater management, police protection, fire protection, educational facilities, and park and recreational facilities. SANITARY SEWER SUB -ELEMENT Policy 5.8 Consistent with the policies of the Future Land Use Element of this plan, provision of centralized sanitary sewer service shall be limited to the following: • Areas within the Urban Service Area; Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; Areas outside of the Urban Service Area that are located east of I-95, where at least a portion of the site fronts on a public roadway which serves as an Urban Service Area boundary as depicted on the Official Future Land Use Map. These areas are subject to the following provisions: The maximum density of such land shall be as shown on the Future Land Use Map, and the provision of centralized sanitary sewer service shall not be justification for an increase in maximum density; Sanitary sewer line extensions shall be limited to laterals and minor lines connecting land uses to main lines; and In no case shall centralized sanitary sewer lines be permitted to extend more than 500 feet from the centerline of a roadway which is an Urban Service Area boundary. March 20, 2001 Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: clustering of residential development within agricultural areas: clustering of residential development within privately owned upland conservation areas: o clustering development within mixed use districts; or o traditional neighborhood design communities. POTABLE WATER SUB -ELEMENT Policy 5.7 Consistent with the policies of the Future Land Use Element of this plan. provision of potable water service shall be limited to the following: • Areas within the Urban Service Area: • Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan: Areas outside of the Urban Service Area that are located east of I-95. where at least a portion of the site fronts on a public roadway which serves as an Urban Service Area boundary as depicted on the Official Future Land Use Map. These areas are subject to the following provisions: The maximum density of such land shall be as shown on the Official Future Land Use Map. and the provision of centralized potable water service shalt not be justification for an increase in maximum density; Potable water line extensions shall be limited to laterals and minor lines connecting land uses to main lines; and In no case shall centralized potable water lines be permitted to extend more than 500 feet from the centerline of a roadway which is an Urban Service Area boundary. Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: o clustering of residential development within agricultural areas: o clustering of residential development within privately owned upland conservation areas; o clustering development within mixed use districts; or o traditional neighborhood design communities. March 20, 2001 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Tippin, the Board unanimously adopted Ordinance No. 2001-009 amending the Future Land Use Element, the Sanitary Sewer Sub -Element, and the Potable Water Sub -Element of the Comprehensive Plan regarding the provision of utility services to agricultural businesses. sok ORDINANCE NO. 2001- 009 AN ORDINANCE OF INDIAN RIVER COUNTY. FLORIDA AMENDING THE FUTURE LAND USE ELEMENT THE SANITARY SEWER SUB -ELEMENT AND THE POTABLE WATER SUB -ELEMENT OF THE COMPREHENSIVE PLAN REGARDING THE PROVISION OF UTILITY SERVICES TO AGRICULTURAL BUSINESSES• AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county received comprehensive plan amendment applications during its July 2000 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on September 28. 2000, after due public notice, and WHEREAS, the Local Planning Agency made a recommendation regarding this comprehensive plan amendment to the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on November 7. 2000, after advertising pursuant to F.S. 163.3184(15)(b)(1) and (c), and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs for their review and comment, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan amendment. and March 20, 2001 DPI 150 WHEREAS. the Honda Department of Community Affairs received this Comprehensive Plan Amendment on December 4. 2000, for the State review pursuant to F.S.163.3184(4), and WHEREAS, Indian River County received the Objections. Recommendations, and Comments (ORC) Report from the Florida Department of Community Affairs on February 11 2001, WHEREAS. the ORC Report contained no objections or comments regarding this Comprehensive Plan Amendment. and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on March 20, 2001. after advertising pursuant to F.S.163.3184(15)(b): NOW. THEREFORE BE IT ORDAINED by the Board of County Commissioners of Indian River County. Florida. that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and three (3) copies are directed to be transmitted to the State of Florida Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. SECTION 2. Amendments to the Comprehensive Plan Policy 6.1 of the Future Land Use Element; Policy 5.8 of the Sanitary Sewer Sub -Element; and Policy 5.7 of the Potable Water Sub -Element of the Comprehensive Plan are revised, as shown on Attachment A. SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore. the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. March 20, 2001 SECTION 5. Effective Date The effective date of this ordinance. and therefore, this plan amendment, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Press -Journal on the 7th day of March. 2001, for a public hearing to be held on the 20th day of March, 2001, at which time it was moved for adoption by Commissioner Adams , seconded by Commissioner adopted by the following vote: Ti ppi n and Chairman Caroline D. Ginn Aye Vice -Chairman Ruth M. Stanbridge Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R Macht Aye Commissioner John W. Tippin Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: � J� Caroline D. Ginn. Chairrntin ATTEST BY: Acknowledgment by the Department of State of the State of Florida this ' day of 'CV L. 2001 Acknowledgment from the Department of State received on this,:j1 day of I 1T 1'1,12001. at A.M./P.A. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY March 20, 2001 Aij Robert M. Kteating, AICP i, Community Development Director ATTACHMENT A FUTURE LAND USE ELEMENT Policy 6.1 Indian River County shall not provide public services or facilities which would induce or encourage [he development of agriculturally designated lands except in the following instances: • To provide for the health and safety of existing residents in a manner consistent with Sanitan_ Sewer Sub -Element Policy 2.4 and Potable Water Sub -Element Policy 2.4; • Lots or portions of lots which front on a public roadway that serves as an urban service boundary. as long as the provision of utility service is consistent with Potable Water Sub - Element Policy 5.7 and Sanitary Sewer Sub -Element Policy 5.8; • Agricultural Planned Developments: • Traditional Neighborhood Design Developments that meet the requirements of policies 18.1, 18.2. 18.3 of the Future Land Use Element: • New Town Districts that meet the requirements of policies 1.34 and 1.35 of the Future Land Use Element: and • Approved agricultural businesses where at least a portion of the development site is located within one mile of a public roadway which serves as an Urban Service Area boundary as depicted on the Official Future Land Use Map. SANITARY SEWER SUB -ELEMENT Policy 5.8 Consistent with the policies of the Future Land Use Element of this plan, provision of centralized sanitary sewer service shall be limited to the following: Areas within the Urban Service Area: Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; Areas outside of the Urban Service Area that are located east of I-95. where at least a portion of the site fronts on a public roadway which serves as an Urban Service Area boundary as depicted on the Future Land Use Element Figures 2.31a and 2.31b. These areas are subject to the following provisions: The maximum density of such land shall be as shown on the Future Land Use Map. and the provision of centralized sanitary sewer service shall not be justification for an increase in maximum density; Sanitary sewer line extensions shall be limited to laterals and minor lines connecting land uses to main lines; and In no case shall centralized sanitary sewer lines be permitted to extend more than 500 feet from the centerline of a roadway which is an Urban Service Area boundary. Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: March 20, 2001 BK I 7PG625 o clustering of residential development within agricultural areas; o clustering of residential development within privately owned upland conservation areas; o clustering development within mixed use districts; or o traditional neighborhood design communities. • Areas where, consistent with Sanitary Sewer Sub -Element Policy 2.4, the lack of centralized sanitary sewer service is determined to be a public health threat. POTABLE WATER SUB -ELEMENT Policy 5.7 Consistent with the policies of the Future Land Use Element of this plan, provision of potable water service shall be limited to the following: • Areas within the Urban Service Area; • Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; • Areas outside of the Urban Service Area that are located east of I-95, where at least a portion of the site fronts on a public roadway which serves as an Urban Service Area boundary as depicted on the Future Land Use Element Figures 2.31a and 2.31b. These areas are subject to the following provisions: o The maximum density of such land shall be as shown on the Future Land Use Map, and the provision of centralized potable water service shall not be justification for an increase in maximum density; o Potable water line extensions shall be limited to laterals and minor lines connecting land uses to main lines; and o In no case shall centralized potable water lines be permitted to extend more than 500 feet from the centerline of a roadway which is an Urban Service Area boundary. • Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: o clustering of residential development within agricultural areas; o clustering of residential development within privately owned upland conservation areas; _ o clustering development within mixed use districts; or o traditional neighborhood design communities. • Areas where, consistent with Potable Water Sub -Element Policy 2.4, the risk of private well contamination is determined to be unacceptably high. • Approved agricultural businesses where at least a portion of the development site is located within one mile of a public roadway which serves as an Urban Service Area boundary as depicted on the Official Future Land Use Map. March 20, 2001 BK I17PG626 154 .04 ON MOTION by Commissioner Adams. SECONDED BY Commissioner Tippin, the Board unanimously adopted Ordinance No. 2001-010 amending the Coastal Management Element of the Comprehensive Plan regarding Post Disaster Recovery and Redevelopment. ORDINANCE NO. 2001- 010 AN ORDINANCE OF INDIAN RIVER COUNTY. FLORIDA. AMENDING THE COASTAL MANAGEMENT ELEMENT OF THE COMPREHENSIVE PLAN REGARDING POST DISASTER RECOVERY AND REDEVELOPMENT AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS. the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13. 1990. and WHEREAS. the county received comprehensive plan amendment applications during its July 2000 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on September 28, 2000, after due public notice. and WHEREAS, the Local Planning Agency made a recommendation regarding this comprehensive plan amendment to the Board of County Commissioners. and WHEREAS. the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on November 7. 2000. after advertising pursuant to F.S. 163.3184(15)(b)(1) and (c). WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs for their review and comment. and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan amendment. March 20, 2001 WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on December 4, 2000, for the State review pursuant to F.S.163.3184(4), and WHEREAS, Indian River County received the Objections, Recommendations, and Comments (ORC) Report from the Honda Department of Community Affairs on February 12, 2001, and WHEREAS. the ORC Report contained no objections regarding this Comprehensive Plan Amendment. and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on March 20, 2001, after advertising pursuant to F.S.163.3184(15)(b); NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Indian River County, Flonda, that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted. and three (3) copies are directed to be transrrutted to the State of Florida Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council SECTION 2. Amendments to the Comprehensive Plan Objective 7 and Policies 7.1 to 7.8 of the Coastal Management Element of the Comprehensive Plan are revised. as shown on Attachment A. SECTION 3. Repeal of Conflicting Provisions All previous ordinances. resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severabilitv It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore. the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. March 20, 2001 156 EK !17PG628 SECTION 5. Effective Date The effective date of this ordinance. and therefore. this plan amendment. shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184(1)(b), Florida Statutes. whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission. this amendment ma) nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming its effective status. a copy of which resolution shall be sent to the Florida Department of Community Affairs. Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Press -Journal on the T" day of March. 2001, for a public hearing to be held on the 20th day of March. 2001. at which time it was mored for adoption by Commissioner Adams , seconded by Commissioner adopted by the following vote: Ttpp i n and Chairman Caroline D. Ginn Aye Vice -Chairman Ruth M. Stanbridge Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R Macht Aye Commissioner John W. Tippin Ave BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Caroline D. Ginn, Chairman ATTEST BY: Acknowledgment by the Department of State of the State of Florida this: day oPh ti� r' 2001 Acknowledgment from the Department of State received on thic41 day of oC A.M.Q. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, Deputy County Attorney APPROVED AS TO PLANNING MATTERS March 20, 2001 _Z: Robert M. Keating, AICP Community Development Director BK 1 1 7 PG 6 2 9 ATTACHMENT A COASTAL MANAGEMENT ELEMENT OBJECTIVE 7 Post -Disaster Recovery and Redevelopment Consistent with the requirements of Chapter 163, F.S. and DCA Rule 9J-5, F.A.C., the county shall have a Local Mitigation Strategy (LMS), as an annex to the Indian River County Comprehensive Emergency Management Plan (CEMP). The LMS shall list and prioritize disaster mitigation projects. Policy 7.1: Consistent with the CEMP, the county will perform an initial damage assessment, immediately following a natural disaster event. in order to determine the extent of damage and prioritize allocation of recovery resources. If the scope of damage exceeds the county s ability to recover, the county shall declare a local state of emergency, pursuant to Chapter 252, F.S. and County Ordinance# 91-18. Once a local state of emergency has been declared, the county will request assistance from the Florida Division of Emergency Management (FDEM). Policy 7.2: The County shall continue to maintain its LMS, and to implement the short-term and long-term recommendations contained in the LMS. Policy 7.3: Following a natural disaster, principal structures and uses located eastward of the County Dune Stabilization Setback Line (DSSL) which sustain greater than 50 percent of MAI (Member of Appraisal Institute) assessed current market value damage from a naturally occurring storm shall be required to relocate upland of their location and. when possible, westward of the DSSL. Prior to reconstruction, principal structures east of the 1987 State Coastal Construction Control Line (CCCL) exhibiting damage from a naturally occurring storm event, greater than 50 percent of MAI assessed market value. shall be required to obtain all applicable permits and comply with all applicable building codes concerning coastal construction. Policy 7.4: Consistent with National Hood Insurance Program (NFIP) requirements, any structure predating 1989 FEMA Hood Insurance Rate Maps (FIRMs) and located within a flood hazard area that sustains "substantial damage" due to a natural disaster (i.e. repair costs that exceed 50% or more of the building's value) shall be required to be elevated a minimum of six (6) inches above the base flood elevation (BFE), as depicted on current FIRMs. Policy 7.5: Consistent with NFIP requirements, any proposed "substantial improvement" (Le. additions, renovations, or modifications that exceed 50% or more of the building's value) to a pre - FIRM structure located within a within a flood hazard area shall be required to be elevated a minimum of six (6) inches above the BFE. as depicted on current FIRMs The list contained in Annex IV of the CEMP will be used to determine the total value of `substantial improvement. Policy 7.6: The county shall continue to regulate development and manage natural resources within the Coastal Zone by: Continuing to enforce LDR Chapter 932 - Coastal Management, and LDR Chapter 402 - Coastal Construction Code; Preserving flood storage capacity in the 100 year floodplain, in accordance with the policies listed under Objective 5 of [he Stormwater Management Sub -Element; Maintaining or reducing land use density allowances in the Coastal High Hazard Area (CHHA) in accordance with the policies under Objective 17 of the Future Land Use Element and Objective 11 of this element: March 20, 2001 158 BK PB 30 Minimizing beach and dune disturbance in accordance with Coastal Management Element Policy 4.8 and County Code Chapter 932: and Reviewing, in coordination with the FDEP Bureau of Beaches and Coastal Systems. all emergency seawall permit applications within the unincorporated area of Indian River County and within the City Limits of Vero Beach. (CLERK'S NOTE AT APPROXIMATELY 10:15 A.M., CHAIRMAN GIN— CALLED A BRIEF RECESS. AT APPROXIMATELY 10:20 A.M., THE CHAIRMAN RECONVENED THE MEETING.) 9.A.7. PUBLIC HEARING - ORDINANCE NO. 2001-011 COUNTY - INITIATED REQUEST TO UPDATE THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN (Legislative) PROOF OF PUBLICATION IS ON FILE IN THF OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert M. Keating reviewed a Memorandum of March 5, 2001 using Power Point R (copy on file in the office of the Clerk to the Board) to aid in his presentation: TO: James E. Chandler; County Administrator DEPARTMENT HEAD CONCURRENCE Wilbert VI. Keating, AICP; Community De elopment Director THROUGH: Sasan Rohani, AICP; Chief, Long -Range Planning -5 1/ FROM: John Wachtel; Senior Planner, Long -Range Planning 1 DATE: March 5, 2001 March 20, 2001 RE• County Initiated Request to Update the Capital Improvements Element of the Comprehensive Plan Plan Amendment Number: CPTA 2000-07-0162 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 20, 2001. DESCRIPTIONS AND CONDITIONS On February 13, 1990. Indian River County adopted its comprehensive plan. As required by state law all development activities must be consistent with the comprehensive plan. and all county activities must conform to plan policies. Occasionally, the plan must be updated to reflect the latest and best available information and w address changed conditions. Additionally, the plan must penodically be reviewed and revised in order to reflect the community's changing needs and desires. Also. the plan. itself, requires regular amendment of certain elements. For example. the capital improvements element (CIE) of the plan needs to be amended approximately every two years. This is required both by plan policy and by state regulations. For those reasons, the county has initiated this amendment. At this time. the county is initiating a comprehensive plan text amendment to update the CIE. One component of the CIE is a seven-year capital improvements program. As amended in 1998, that seven-year program currently addresses fiscal years 1998 thru 2004. Since two years of the existing program have been completed and since Florida law requires that a local comprehensive plan contain at least a five-year capital improvements program. the county must revise its program to reflect the appropriate time period. While some of the improvements identified and budgeted in the current capital improvements program have already been accomplished and therefore should be deleted from the program. other improvements need to be re-evaluated in terms of costs, revenues, and prioritization. In addition, new projects may need to be added to the county's capital improvements program. At the time of plan adoption. it was known that the capital improvements program would become outdated each year; therefore. one of the policies of the CIE (policy 1.1). as adopted. requires annual evaluation and update of the capital improvements program. Also. state regulations mandate that the CIE be amended if conditions change to warrant it. The capital improvements program is an important improvements reflected in other plan elements and in other portions of the CIE, revisions to the seven as a whole. Past Actions part of the CIE. Since the program incorporates incorporates estimates and projections reflected -year program require an amendment to the CIE On September 28. 2000. at an advertised public hearing. the Planning and Zoning Commission voted 6 to 0 to recommend that the Board of County Commissioners approve the proposed amendment. On October 19. 2000. the Professional Services Advisory Committee voted 6 to 0 to recommend that the Board of County Commissioners approve the proposed amendment. On November 7, 2000. the Board of County Commissioners voted 5 to 0 to transmit the proposed amendment to the Honda Department of Community Affairs (DCA) for their review. March 20, 2001 BK 160 • sr ORC Report Consistent with state regulations. DCA reviewed the proposed amendment and prepared an Objections. Recommendations and Comments (ORC) Report (dated February 9. 2001), which planning staff received on February 12. 2001. The DCA ORC Report Attachment 5 at the end of this staff report. does not contain any objections or comments relating to the proposed amendment. ANALYSIS In revising the capital improvements element (CIE), staff used much the same methodology as it employed in preparing the original element. This involved coordinating with the budget and finance departments to obtain data on past revenues and expenditures as well as projected future revenue and expenditure amounts. Then. each county department was contacted to determine the status of its capital improvements program. For each department. information on completed projects, proposed projects. costs. revenues, prioritization and other factors was collected. Based upon these data planning staff revised the various tables and the text of the CIE. The result is an accurate and up-to- date capital improvements program with revisions having been made in the CIE generally to demonstrate internal consistency and financial feasibility. The revised capital improvements element is on file in the Board of County Commissioners office. Capital Improvements Program Table 6.22 of the CIE lists all programmed capital improvements for fiscal years 2002 through 2008 for each comprehensive plan element. In addition to the comprehensive plan element categories shown in table 6 22, an emergency services category was added to table 6 22. Conservation capital projects listed in table 6.22 of the CIE focus on improvements to conservation lands that have been purchased in prey ious years by the county. These planned improvements include creating public access points to conservation areas. constructing docks, and building trails. Emergency services capital projects proposed for the next seven fiscal years include renovations to two existing emergency services stations and the construction of a new station in the Grand Harbor area. Capital improvement projects related to recreation and open space include improvements to existing recreation areas throughout the entire county and the construction of a new recreation area in the north county. The north county park. to be located on 121 acres of the Sebastian Buffer Preserve, north of CR 512 and west of Sebastian River Middle School, will consist of a pool complex. four- plex multi purpose ball fields. a soccer complex, a playground. open space. stormwater lakes and maintenance buildings At this time. the north county park is in the design stage of development All of the recreation and open space projects identified in table 6.22 will be paid for with one cent local option sales tax funds. Potable water and sanitary sewer capital improvement projects are planned throughout the entire unincorporated county as well as within those municipalities served by county utilities. Major projects planned for fiscal years 2002 through 2008 include potable water line extensions in the north and south county, wastewater line extensions in the CR 512 commercial corridor, expansion of the north county reverse osmosis plant. and expansion of the west regional wastewater treatment plant. The majority of the potable water and wastewater projects will be funded through capacity charges. Solid Waste capital improvement activities involve the purchase of capital equipment. Among the equipment that will purchased by the Solid Waste Disposal District are dump trucks, roll -off trucks, roll -off containers, and loaders. March 20, 2001 161 BK 117P6633 • Capital improvements to county maintained roads are generally funded by traffic impact fee revenue. Some expenditures are also funded by the State of Honda. developers, and other local governments. Table 6.22 lists new projects, including intersection improvements and road widenings, programmed throughout the county. Existing Conditions and Analysis Sections In addition to the changes made to table 6.22. all of the data in the existing conditions and analysis sections have been updated to reflect current conditions. These data include past revenue and expenditure figures for county operations as well as projected revenue and expenditure figures for county operations. Goal, Objectives, and Policies Section In total. five objectives are being recommended for revision, seven policies are being recommended for revision. and one policy is being recommended for deletion. Based on the new time horizon set for the capital improvements program. the time horizon for all five capital improvements element objectives was revised to 2008. Policy 4.4 is being recommended for deletion because the action of policy 4.4 is a duplication of the action of policy 4.1. Seven policies are being recommended for revision. due in large pan to the restructuring of water and sewer impact fees into capacity charges. Revisions to the objectives and policies of the capital improvements element are labeled with a double underline; deletions to the objectives and policies are labeled with mikevut. These revisions and deletions are incorporated in the revised capital improvements element on file in the Board of County Commissioners office. Consistency with the Comprehensive Plan Comprehensive plan amendment requests are reviewed for consistency with all policies of the comprehensive plan. As per section 800.07(1) of the county code. the "comprehensive plan may be amended only in such a way as to preserve the internal consistency of the plan pursuant to section ..163.3177(2) F.S." The goals. objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that 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 plan amendment requests. Of particular applicability for these amendment requests is the following policy: • Future Land Use Policy 14.3 The most important policy to consider in evaluating a plan amendment request for consistency with the county's comprehensive plan is future land use element policy 14.3. This policy requires that one of three criteria be met in order to approve a comprehensive plan text amendment request (one of four criteria must be met for land use amendment requests). These criteria are: • the proposed amendment corrects a mistake in the approved plan; • the proposed amendment corrects an oversight in the approved plan; or • the proposed amendment is warranted based on a substantial change in circumstances. March 20, 2001 8K 162 • Based upon its analysis. staff feels that the proposed amendment to the capital improvements element (CIE) meets the third criterion of policy 14.3 of the future land use element. Revisions to the CIE, particularly the capital improvements program. are necessary to reflect changes in circumstances. In that period since the CIE was last revised, capital improvements have been completed: others have been added: revenue projections have changed. and priorities have been modified. These circumstances warrant the amendment. Capital Improvements Element Policies 1.1, 1.2, 1.3, 1.7, 1.10, and 1.11 Capital improvements element policies 1.1. 1.2. 1.3. 1.7. 1.10 and 1.11 require the County to maintain and implement a capital improvements program which is evaluated and updated annually. These policies also describe how the county will evaluate and prioritize capital improvements. By updating the capital improvements program in accordance with these requirements. the proposed amendment is consistent with these policies. Capital Improvements Element Policy 1.9 Capital improvements element policy 1.9 states that the county shall include all capital expenditures in excess of 525.000 in its schedule of improvements. The proposed amendment identifies all capital expenditures in excess of 525.000. Therefore. the proposed amendment is consistent with capital improvements element Policy 1.9. While the referenced policies are particularly applicable to this request. other comprehensive plan policies and objectives also have relevance. For that reason. staff evaluated the amendment requests for consistency with all applicable plan policies and objectives. Based upon that analysis. staff determined that the requests are consistent with the comprehensive plan ALTERNATIVES With respect to the proposed comprehensive plan text amendment. the Board of County Commissioners has three alternatives. These are to: 1. Deny the proposed amendment: 2. Adopt the proposed amendment: or 3. Adopt the proposed amendment, with changes. CONCLUSION Staff's position is that the proposed amendment to the capital improvements element will enhance the comprehensive plan. Also, it has been demonstrated that this amendment maintains the plan's internal consistency. For those reasons. staff supports the adoption of the proposed amendment. RECOMMENDATION Based on the analysis conducted. staff and the Planning and Zoning Commission recommend that the Board of County Commissioners adopt the proposed amendment. ATTACHMENTS 1. Application 1. Approved Minutes of the September 28. 2000. Planning and Zoning Commission Meeting 3. Approved Minutes of the October 19, 2000, Professional Services Advisory Committee Meeting 4. Approved Minutes of the November 7. 2000, Board of County Commissioners Meeting 5. DCA's ORC Report ` 6. Comprehensive Plan Text Amendment Ordinance March 20, 2001 163 BK {' • PG 335 The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, she closed the public hearing. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Tippin, the Board unanimously adopted Ordinance No. 2001-011 amending the Capital Improvements Element of the Indian River County Comprehensive Plan. ORDINANCE NO. 2001-011 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA. AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF THE INDIAN RIVER COUNTY COMPREHENSIVE PLAN; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county received comprehensive plan amendment applications during its July 2000 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on September 28, 2000, after due public notice, and WHEREAS, the Local Planning Agency made a recommendation regarding this comprehensive plan amendment to the Board of County Commissioners, and WHEREAS. the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on November 7, 2000, after advertising pursuant to F.S. 163.3184(15)(b)(1) and (c), and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs for their review and comment, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan amendment. and Alarch 20, 2001 BK PG 1.64 r WHEREAS, the Honda Department of Community Affairs received this Comprehensive Plan Amendment on December 4, 2000, for the State review pursuant to F.S.163.3184(4), and WHEREAS. Indian River County received the Objections. Recommendations. and Comments (ORC) Report from the Florida Department of Community Affairs on February 12, 2001. and WHEREAS. the ORC Report contained no objections or comments regarding this Comprehensive Plan Amendment. and WHEREAS. the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on March 20. 2001. after advertising pursuant to F.S.163.3184(15)(b); NOW, THEREFORE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida. that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted. and three (3) copies are directed to be transmitted to the State of Florida Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council SECTION 2. Amendments to the Comprehensive Plan The Capital Improvements Element of the Comprehensive Plan. as revised, as shown in Attachment A. SECTION 3. Repeal of Conflicting Provisions All previous ordinances. resolutions, or motions of the Board of County Commissioners of Indian River County. Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore, the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date The effective date of this ordinance. and therefore. this plan amendment. shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding March 20, 2001 165 OK II/PGo37 • the amendment in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming its effective status. a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Press -Journal on the 7th day of March, 2001, for a public hearing to be held on the 20th day of March, 2001, at which time it was moved for adoption by Commissioner Adams , seconded by Commissioner adopted by the following vote: Ti ppi n and Chairman Caroline D. Ginn Aye Vice -Chairman Ruth M. Stanbridge Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R Macht Aye Commissioner John W. Tippin Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Caroline D. Ginn, Chairrn Acknowledgment by the Department of State of the State of Florida this - j day o6VAtz , 2001 Acknowledgment from the Department of State received on this )1da o ' " I �> �, '``2001, at A.M./Etta. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, Deputy County Attorney APPROVED AS TO PLANNING MATTERS 1 `-' t Robert M. Keating, AICP Community Development Director March 20, 2001 • 9.A.8 PUBLIC HEARING - ORDINANCE NO. 2001-012 AMENDING THE "LOCAL OPTION GAS TAX" ORDINANCE PROOF OF PUBLICATION IS ON FILE IN THE OFFICE OF THE CLERK FO THE BOARD Deputy County Attorney Will Collins reviewed a Memorandum of March 12, 2001: TO: The Board of County Commissioners FROM: , CWilliam G. Collins 11 - Deputy County Attorney DATE: March 12, 2001 SUBJECT: Proposed Ordinance Amendment to the Local Option Gas Tax On August 22, 2000, the Board of County Commissioners held the public hearing required every two years to discuss the method of distribution of the local option gas tax revenues pursuant to Indian River County Code Section 209.04(a). At that time representatives of the City of Sebastian appeared objecting to the practice of recalculating percentages for distribution bi-annually rather than annually. At the hearing on August 22, 2000, the Board approved the formula methodology and the new distribution percentages as recommended by staff to be effective for the fiscal year 01/02. At that time the staff was directed to research the problem and advise the Board A meeting was held October 13, 2000 on the subject of the local option gas tax. In attendance were then Chairman Adams, City Manager Terrence Moore, City Attorney Richard Stringer, Assistant County Administrator Joe Baird, Public Works Director James Davis and me. At that meeting, Public Work Director Davis expressed that he had been having difficulty getting all the information reported by the municipalities in a timely manner The ordinance requires him to certify the recalculated distributions by April 15th of each year, however last year the hearing on the matter was not held until August 22nd. While the ordinance calls for the distribution of the proceeds to become effective September 1st of each year, the recalculated distribution was not provided to the state until mid-September with an effective date of the following September 1st. The City of Sebastian representatives objected to the nearly 1 -year delay in distnbution, arguing that it was detrimental to their city which is a fast-growing municipality, with commensurate road -building needs. Parties to that meeting agreed that the distribution of proceeds should be recalculated annually per our current ordinance. It was determined that some earlier reporting timeframes, both from the municipalities and the county, would allow the goals of timely distribution to be met. Information received from the Department of Revenue indicates that they need any information about recalculated distributions at least 60 days prior to the effective date of the distribution. March 20, 2001 167 B1< 17 PG 639 The ordinance amendments presented attempt to clarify reporting timeframes and allow all activities to be performed early enough for the Department of Revenue to make the recalculated distribution of the proceeds September 1st of the same year as the recalculated distributions are reported. The net effect of the change will be to ensure annual recalculation of the gas tax distribution. The year 2001 recalculation would be effective September 1, 2001, thus superseding the Board's approval of the distribution percentages shown on the 2000 local option gas tax chart already sent to the state for the fiscal year 01/02. A second outcome of the October 13th meeting was to inquire whether the Department of Revenue can make the 2000 formula approved last August retroactive to September 1, 2000. That matter has not been resolved and would have implications for other municipalities besides Sebastian. RECOMMENDATION: Open the public hearing and after receiving public input, adopt the ordinance amending Section 209.04 of the Code of Indian River County "Disposition of Proceeds' of the Local Option Gas Tax Ordinance to clarify reporting timeframes and effective dates of recalculated distributions. Attorney Collins advised that he had just spoken with Virginia Gilbert, the Manager of Indian River Shores, who apologized she was unable to attend. She indicated that she was generally in favor of the more definite reporting time frames and supportive of the ordinance. He also spoke to the Department of Revenue with respect to the issue of whether the distribution could be made retroactive to last September l s`. They advised it was up to the parties to the Interlocal Agreements as to whether they want to attempt to make it retroactive or not. To do so would penalize the City of Vero Beach whose growth is not as rapid as the City of Sebastian's. The State will honor whatever the County and the municipalities agree upon. If an agreement cannot be worked out, the statutes provide for recalculation every 10 years based on the last 5 years transportation expenditures. So, it is to no one's advantage to break or drop the existing interlocal agreements. He recommended the public hearing be opened after which any adjustments they wish could be made. He suggested it is time to work together and see it as an effort to get a better reporting system with more timely distributions rather than try to go back and modify the interlocal agreements, which he March 20, 2001 168 BK117PG6L0 • 44444 thought would be a fairly difficult task. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. City of Sebastian City Attorney Richard Stringer felt the ordinance under consideration makes things more clear. He suggested the following be inserted in the new paragraph concerning reporting of information, subsection (b), since all the information necessary is public record: " ... based upon the previous year's information, or other reliable public information ... . That would prevent any entity from cutting back on their expenditures, being silent, and prospering. Commissioner Adams questioned whether the April 30th date should be pushed up to April 15`h, and Attorney Collins advised he had picked April 30th because the ordinance will not become effective until sent to Tallahassee. He wanted at least a month for Public Works Director James W. Davis to get the information from the municipalities and allowed another 6 weeks to do the calculations and send them to Tallahassee. Attorney Stringer stressed the important of the effective date as the figures being used would all be based on the prior year's experience. That equates to a 2 -year delay and translates to a great impact with the growth Sebastian and Fellsmere are experiencing. He asked that the ordinance be effective as of September as is already in the agreement. County Attorney Bangel suggested the insertion referenced above be "or other reliable information", after which there was a brief discussion as to whether it should be "available" or "reliable" or "available reliable" information. Attorney Stringer referred to the minutes of the August 2000 meeting when the hearings were held. He stated the Board actually deferred action on the effective date and March 20, 2001 169 BKiPG 641 44. 4 read from the minutes indicating that the formula was approved, but not the effective date. There was a brief discussion as to using a retroactive date, and Attorney Collins reiterated the information he received from the Department of Revenue. Attorney Stringer stressed that the effective date was not specified last year, so nothing would be changed should the calculations be based on last year's figures. There is no distinction between "June of each year" when recalculating and "September of each year" when it takes effect. Attorney Collins agreed with Attorney Stringer; the practice has not been that way, however. Information has been going to the State after the September 15t deadline, so they have been distributing it the following September. The attempt now was to get the reporting done early enough that September 1St really means "this year" and not a year from now. September 1st is the date that our ordinance says that the re -certified calculation of distribution will go into effect. This has been used since the mid -1980's and our reporting date has always been September P. It seems the statutes give you two alternatives, to continue re -certifying the formula for redistribution as of September 1st or with newly imposed taxes January Pt. Commissioner Adams thought the intent and the fair thing to do was to evaluate it on an annual basis. She felt the situation needed to be rectified. Joel Tyson. Mayor of Fellsmere, wanted to remind the Board that Fellsmere is growing and needs to be recognized. One of the problems, due to growth, is they are getting priced out of the grant business because of homes being built by former migrant workers. Also, there is more wear and tear on the streets and equipment due to the growth. He stressed it was necessary to get the available funds in a timely manner so they can maintain what they already have there. He believed with the expansion of the sewer lines, more growth will be felt. March 20, 2001 170 BK o / P6 642 • • City of Vero Beach Public Works Director Cliff Suthard advised that the City's percentage has decreased since the inception of the tax and Interlocal Agreement. Originally it was at 19% and now is a little less than 14%. He agreed with the ordinance and with timely submission of the information and the suggestion by Attorney Stringer. Obviously, they would not ask that the Board make it retroactive. He understood the other areas were having growth, but the City of Vero Beach is impacted by the growth throughout the county as the county's crossroads The City's construction cost per lane mile is significantly greater than in the other areas because of the urban requirements, such as curbs and gutters. Chairman Ginn felt the municipalities should have the obligation to get the information to Public Works Director James W. Davis in a timely manner. Mr. Davis advised that recently the municipalities have been more responsive than in the early years. It is quite an effort to get all the figures together and that was a reason for the past method of reporting and computing every two years. He suggested the Finance Department, under the Clerk of the Court, might be able to further comment on the availability of the transportation expenditures. Because the State's fiscal year period differs from the County's, there is a bit of a problem receiving the audited numbers from the State. Population figures are now current with the recent 2000 census, and are estimated in the between years Lane miles are easy for his department to calculate. It would be great if the cities would put a reminder in their tickler files, and report as soon as the information is available. It was determined that no one else wished to be heard and the Chairman closed the public hearing. March 20, 2001 171 BX 1 s 7 PS 5 L 3 MOTION WAS MADE by Commissioner Adams, SECONDED BY Vice Chairman Stanbridge, to adopt the proposed ordinance adding "or other reliable information' in the third paragraph of Section 1(b), and making it retroactive to September 1'. (Commissioner Adams clarified that she wanted to make sure that what is overpaid this year is adjusted for next year, so the municipalities will be able plan for it and not have the difference taken away from what has already been spent. Vice Chairman Stanbridge agreed that was her concern.) (Clerk's note: This motion was subsequently split into two motions.) Attorney Collins interjected that he believed the State will require that all the municipalities agree to this. Chairman Ginn suggested the Board split the motion and vote on the ordinance separate from the retroactive issue, and both Commissioner Adams and Vice Chairman Stanbridge agreed. County Attorney Bangel suggested insertion of the following to further clarify: "... or other reliable information, whichever is more recent, ..." in order to be sure to have the most recent information. Discussion ensued as to the placement of this phrase and it was established and agreed that County Attorney Bangel's suggested insertion would be inserted following the words "... based upon the previous years' information ...." Commissioner Tippin felt the retroactive part might get messy and too involved and it might be better to leave the retroactive part out. March 20, 2001 Bit 1 1 7 PG 6 qtr 172 MOTION WAS RESTATED by Commissioner Adams. SECONDED by Vice Chairman Stanbridge, to adopt the proposed ordinance as amended. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (Ordinance No. 2001-012 adopted, as amended, amending Indian River County Code Section 209.04 "Disposition of Proceeds", of Code Chapter 209, "Local Option Gas Tax", to clarify local government reporting time frames.) MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Macht, to make it retroactive as previously discussed. Under discussion, Commissioner Adams noted the changes with retroactive figures would be: $19,000 increase for Indian River County, $40,000 increase for City of Sebastian, $73,000 decrease for City of Vero Beach, $14,000 increase for City of Fellsmere, $7,000 decrease for the Town of Indian River Shores. Vice Chairman Stanbridge wanted to clarify that if the interlocal agreements between the County and all the municipalities cannot be reached, then this motion will have no effect. Attorney Collins advised that he would contact the Department of Revenue to determine exactly what they need; if we can give that to them, we will. If we cannot come to an agreement, we will have done our best, and he will come back to the Commission either way. March 20, 2001 THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (Retroactive as discussed.) ORDINANCE NO, 2001- 012 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING INDIAN RIVER COUNTY CODE SECTION 209 04 "DISPOSITION OF PROCEEDS", OF CODE CHAPTER 209, "LOCAL OPTION GAS TAX", TO CLARIFY LOCAL GOVERNMENT REPORTING TIMEFRAMES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 336.025, Florida Statutes authorizes the levy of a local option gas tax and WHEREAS, Indian River County adopted an ordinance establishing said tax (Chapter 209, Indian River County Code); and WHEREAS, certain reporting timeframes as set out in Indian River County Code Section 209.04(b) when combined with the Department of Revenue reporting requirements effectively delay the revised distribution of tax proceeds by almost a year NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1, AMENDMENT. Section 209.04 of the Code of Indian River County is hereby amended to read as follows: Section 209.04 Disposition of proceeds. (a) The disposition of proceeds shall be pursuant to interlocal agreement with one or more of the municipalities located therein, representing a majority of the population of the incorporated area within the county. Said agreement shall provide a distribution formula for dividing the entire proceeds of the local option gas tax among the county government and all eligible municipalities within the county. Said formula is set forth in paragraph (b) of this section. The method of distribution of the local option gas tax revenues shall be reviewed and a public hearing held in May at least every two (2) years by the parties to the agreement. (b) Each year, during the term of the imposition of this tax, the division and distribution of tax proceeds under this article shall be evaluated and recalculated based upon the following formula: March 20, 2001 3M I I 174 • The percentage of total revenue allocated to each eligible entity equals one- third (1/3) of the entity's percentage of total equivalent lane miles of road plus one-third (1/3) of the entity's percentage of transportation expenditures over the previous five (5) years plus one-third (1/3) of the entity's total percentage of population residing in the area based upon the 1984 most recent estimate from the Florida Bureau of Economic and Business Research. Each eligible entity (municipality) shall report the above information to the Indian River County Public Works Director by Apnl 30th of each year Should the above information not be reported to the Public Works Director by April 30th of each year, the Public Works Director shall recalculate the distribution of proceeds based upon the previous year's information, or other reliable information, whichever is more recent, for each non -reporting eligible entity (municipality). By August June 15 of each year, the county shall provide the Florida State Department of Revenue a certified copy of the distribution proportions established by interlocal agreement under this section. The revised distribution of tax proceeds shall become effective on September 1 of eeslh the same year. (c) If, during the term of the imposition of this tax, the county or any of the municipalities become ineligible to receive a share of the local option gas tax for any reason, any funds otherwise undistributed because of ineligibility shall be distributed by the department of revenue to eligible governments within Indian River County in proportion to other monies distributed pursuant to this section. (d) The distribution formula established herein shall also govern the division and distribution of proceeds of the local option gas tax imposed through August 31 but not collected otherwise available for distribution until after August 31, of the year this levy terminates. SECTION 2. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Indian River County Code and the word "ordinance" may be changed to "section,' "article," or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; providing, however, that Sections 2, 3, and 4 shall not be codified SECTION 3. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part March 20, 2001 • 175 n� l r Pb 647 SECTION 4. EFFECTIVE DATE. Certified copies of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State and the Department of Revenue of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 20ttday of March 2001. This ordinance was advertised in the Vero Beach Press -Journal on the 10th day of March, 2001, for a public hearing to be held on the 20th day of March, 2001, at which time it was moved for adoption by Commissioner Adams seconded by Commissioner Stanbridge , and adopted by the following vote: Chairman Caroline D. Ginn Aye Vice Chairman Ruth M. Stanbridge Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the ordinance duly passed and adopted this 20th day of March, 2001. BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey K. Barton, Clerk Bye zei4uc�<_ 3 Deputy Clerk Effective,Date: , This ordinance was filed with the Department of State on ,0,Ai day of _, 1\, , 2001, and becomes effective j . APPROVED AS TO FORM AND LEGAL SUFFICIENCY B Y �2'-� �C° a ` WILLIAM G. COLLINS II DEPUTY COUNTY ATTORNEY' (CLERK'S NOTE: CORRESPONDENCE PERTINENT TO THIS ORDINANCE HAS BEEN ATTACHED TO THE ORIGINAL ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD.) March 20, 2001 9.B. PUBLIC DISCUSSION ITEM - ARNOLD GROBMAN TO SPEAK REGARDING THE INDIAN RIVER COUNTY PAY PLA CLASSIFICATION STUDY CODY & ASSOCIATES NAND Mr. Arnold Grobman, 855 Live Oak Lane, read his letter of March 20, 2001: Amold Grobman 855 Live Oak Lane Vero Beach, FL 32963 March 20, 2001 Comments on the Pay Plan: The Plan has serious flaws as it pertains to our librarians A. There are four groups of professional public employees in Indian River County with these charactenstics: a, college education required, b. work directly with the public (or a portion thereof), and c. perform their services in a public building B. The four groups are: 1. Nurses caring for patients in the IRMH. The Hospital is govemed by an elected Board of Trustees. 2. Teachers educating young people in the public schools. The public schools are governed by an elected School Board. 3. Faculty members educating young adults in the Indian River Community College. The College is governed by a Board of Trustees appointed by the Governor. 4. Librarians providing library services to a cross section of the population in three Library locations. The Libraries are part of the General Services Department of County Government and report to the Director of General Services. D. The Pay Plan is a result of the study of the work and compensation of the employees in the General Services Department and takes no notice of the special professional status of the libranans E The appropriate comparison of librarians, within the county, should be with teachers, nurses and faculty members. F. An altemative appropriate comparison for Indian River County libranans would be with libranans of comparable Florida counties. G A possible solution to the serious flaw in the Pay Plan would be to remove the librarians from the Plan and to design an altemative plan for them based on steps E and F. March 20, 2001 Commissioner Macht commented that Mr. Grobman produced another study in the past. He also felt the Cody study is flawed in several respects and that our Librarians in general are very much underpaid. He spoke of another study done by an interested member of the library that delves a little bit deeper into some of the other inequities which the Commissioners will receive at the appropriate time. The key that affects the Library is that Cody based all decisions on the assertion that this is not a "library system". The Florida Department of Libraries was astonished that the consultant would have made such an assertion when indeed our Library is a system. This information will be given to appropriate staff for, he hoped, a modification of the pay levels and assignment of levels and grades. Chairman Ginn noticed in the summary that it says Indian River County positions were matched with comparable jobs in the listed library systems. Perhaps they did not mean to include it as a library system. But Commissioner Macht advised that the Cody report stated it was not a system. He also believed there are some other inconsistencies. He had a feeling there was a lot more "boiler -plate" and a lot less real sampling of the various positions covered. Commissioner Adams was certain that was the case. Since the report came out it seemed that everyone was under the illusion it would result in an automatic pay raise, rather than a classification study. She has not heard anything positive said about it. Chairman Ginn thought the County should establish a policy to do a study such as this every 7 years; it has been too long and it is very difficult to catch up. Vice Chairman Stanbridge thought that when a Personnel Director is hired that will help to bring us up to speed without having to wait so long. That person would be able to look at job descriptions and see what is going on in our county. Commissioner Macht recalled a recent remark on why the report took so long was that the information was all in the computer and that it was just held to make it look good. March 20, 2001 Administrator Chandler guaranteed that was not the case. Chairman Ginn had great respect for Cody and Associates who did excellent work for the City of Vero Beach. She felt they tried their best, it is not an easy call. Assistant Administrator Baird explained he had checked to find out the difference between library systems. He learned that it affects the top two positions. St. Lucie County's Library Director gets paid more, but all the other positions in their library get paid less than us by $1 an hour. He then reviewed a survey recap that Cody had provided and other pertinent data. (Clerk's Note: This information is on file with the backup for the meeting.) Assistant Administrator Baird advised that Indian River County tries to be above-average. He believed that no one got a decrease in pay at the Library. No pay ranges were decreased. He thought people had hoped pay increases would be greater, but everyone thinks they deserve more. He called the study fair, reasonable and within the market. If we start to entertain individual departments or individual requests, we will never be finished. This was a pay classification study not a pay study. Further discussion ensued and Assistant Administrator Baird submitted additional figures. Mr. Grobman returned to the podium. In addition to other information he specified that Martin and Collier Counties have demographics the same as Indian River County. He gave the starting salaries in 1998 for Librarians as follows: Indian River County $20,157; Martin $25,976, and Collier $25,584. He presented additional dollars information for the Assistant Directors. Administrator Chandler observed there is still a tendency to forget this was a classification study and it was not performed just for our Library system. He pointed out that educational requirements are also taken into consideration for Planning and Engineering positions, not dust the Library. Following the recommendations of this report will not put March 20, 2001 BX I PG 6 51 us at the top, but will keep us competitive and help to retain our employees. This study is for all our classifications, not just the Library. (CLERK'S NOTE CHARTS USED BY ASSISTANT ADMINISTRATOR BAIRD AND THE BOARD OF COUNTY COMMISSIONERS HAVE BEEN FILED WITH THE BACKUP FOR THIS MEETING.) 11.A.1. PROPOSED INFORMATIONAL BROCHURE CONCERNING THE ENVIRONMENTAL LANDS ACQUISITION PROGRAM (LAAC) Chief Environmental Planner Roland M. DeBlois reviewed a Memorandum of March 14, 2001: TO: James E. Chandler County Administrator Robert M. Keating. AICP Community Development Director FROM: Roland M. DeBlois. AICP Chief. Environmental Planning DATE: March 14. 2001 SUBJECT: Board Consideration of Proposed Informational Brochure About the Count -y Environmental Lands Program It is requested that the information herein presented be elven formal consideration by the Board of County Commissioners at its regular meeting of March 20 2001. DESCRIPTION AND CONDITIONS At an October 2000 meeting of the Land Acquisition Advisory Committee (LAAC), Mr. Frank Coffee suggested that the County develop an informational brochure about the environmental lands program for distribution to residents in Indian River County. To that end. on November 21. 2000. the Board of County Commissioners approved the idea and Mr. Coffee was appointed to organize a Task Group to develop a brochure. The Task Group, which met four times. consisted of the following members: - Frank Coffey - George Watson - Robert Brown - George Gross - Milt Thomas Bea Gardner - Janice Broda The staff advisor was Roland DeBlois. Also participating in discussions was Dr. Richard Baker. Attached is a copy of the draft brochure that was developed by the Task Group and reviewed by the LAAC. March 20, 2001 LAAC Recommendation At its meeting of February 28, 2001, the LAAC reviewed a draft of the brochure and voted 9 to 3 to recommend that the brochure be accepted as wntten, with an allowance of minor "tweaking" by environmental planning staff and the County Budget Manager regarding certain figures and references in the brochure. The brochure has since been slightly revised based on staff input. The latest revised draft is anached for the Board's approval consideration. ANALYSIS Task Group Discussions One of the main issues of discussion at the Task Group meetings pertained to whether the brochure should focus more on the current and future monetary costs of the program. or instead focus more on the public benefits of the conserved lands. The resulting draft brochure represents a compromise of these two viewpoints, in that it explains the benefits of the program but also summarizes certain costs. On the issue of costs, the Task Group discussed the difficulty of providing a comprehensive analysis and summary in the brochure of the actual costs/benefits of the program. given the multitude of offsetting factors that come into play. In the end, it was the consensus of the Task Group to use rounded figures under a few main categories of costs and expenditures (see brochure "Program Costs"). The Task Group also considered different formats for the information. The Group discussed the altemanves of a booklet or newspaper insert, each of which could provide more details of the program and of the acquired sites. The consensus of the Group was to go with an 8 ';. x 14 inch (legal size) brochure. to keep expense in check. It was also discussed that. for purposes of mailing the information to county citizens, the level of detail of the attached brochure was appropriate vs. something more or less detailed. LAAC Discussion At the February 28, 2001 LAAC meeting, discussions ensued as to whether the brochure should contain more information about the benefits of the program, such as the economic benefits of "ecotourism" and protecting the Indian River Lagoon and associated economic values. It was also discussed whether or not the brochure "background" information should focus on the County's commitment in its comprehensive plan to acquire certain acres of native uplands to make up the difference between county and regional native upland set-aside requirements. Staffs position is that it is not possible to provide comprehensive detail about the 10— year acquisition program in a mail -out brochure. and the level of detail in the latest draft brochure is appropriate. The location map in the brochure of acquired conservation areas was a point of discussion at the LAAC meeting. Some members felt the map would be difficult for the general public to understand. Others thought the map should oniv show sites acquired under the program. and should not include "other conserved land." The malonry of the LAAC voted, however. to recommend that the map be left as is. Cost Estimate Using tax roll information as a basis for addresses for mail -out of the brochure, approximately 70.000 copies of the brochure would need to be published. It is estimated that copying, mail -out. and postage would cost between 516.000 and 820.000. Environmental land bond funds are eligible for use to pay for the cost of brochure production and mailing. RECOMMFNDATION Staff recommends that the Board of County Commissioners approve the attached informational brochure and authorize staff to obtain bids for brochure production and mail -out, with costs to be paid with environmental bond funds. 1TTACHNIFNT Draft Environmental Lands Program Informational Brochure March 20, 2001 Vice Chairman Stanbridge inquired about the additional costs for an expanded size for the brochure. and Mr. DeBlois advised that one of the members of the committee worked for a publishing company and provided estimates for the costs and indicated it would not be a significant increase in expense. Frank Coffey, 1335 River Ridge Drive, advised that when he suggested this brochure he did not expect to work on it himself, but in doing so he set forth certain important objectives which governed the committee's efforts. Those objectives are: to develop a proposed brochure which would compile available factual information for the residents of Indian River County on the environmentally sensitive lands which have been purchased by the County using funds provided by the 1992 tax bond referendum, funds from the state and other identified sources. He was never asked, nor was it part of the assignment, to justify the cost of purchasing the lands which in his opinion was the responsibility of the LAAC (Land Acquisition Advisory Committee). It was impossible to include information from the LAAC studies or how they arrived at their recommendations in this brochure but they were discussed. Many scenarios for brochure design were discussed, but the committee concluded that it should be very concise document that could be mailed to the taxpayers giving a broad overview of what had been accomplished in the past 10 years. He selected the members of the group and three of them were present, namely: George Gross, Bea Gardner, and Milt Thomas. Many meetings and discussions were held, under the Sunshine Law even though not required, and under the guidance of Chief Environmental Planner Roland M. DeBlois their hard work developed this brochure. He expressed appreciation to Commissioner Macht for allowing him to chair the committee and to all the members who worked so diligently to bring it forth. Chairman Ginn thanked Mr. Coffey. She was pleased with the brochure and thought it could not be improved. She presumed it would be printed as presented. March 20, 2001 bic 1 e PG 5 t 182 Commissioner Macht also credited Mr. Coffey and advised it was hammered out at the last LAAC meeting. He thanked Mr Coffey, the members of the committee and members of the LAAC for their good work. Commissioner Adams noted that the map of the northwest portion of the county had again been put in as an insert to the full county. She asked if it would ever be possible to show it without an insert, but as a contiguous county. Mr. DeBlois advised that the map size was an issue; that was a part of the suggestion for the increased size of the brochure. There were other issues as well which he enumerated. Commissioner Adams thought color usage was confusing in the area of the Carson - Platt tract. She thought that expanding the map would help that confusion. Commissioner Macht took the blame for the red stripes because he was anxious to show that on the western bank of the estuary from the south city limits of Vero Beach to virtually the county -line that we control nearly all of that shoreline which is so important to the protection of the Lagoon. Vice Chairman Stanbridge agreed that it is important to show the county as a whole, not segmented on the map. Environmentally, it is important to connect properties, greenways or corridors, which is what our neighboring counties are doing. Our south county stormwater tract will benefit from the utilization of these lands as well. She noted that in the brochure she saw a lot of costs, but not a lot of costs associated with benefits. She thought there was a lot of cost -benefit for those areas besides for the scrub jay because it recharges our aquifer to the benefit for those who are not connected to municipal systems. She felt it important for the public to know that there is more involved here than just cost and that the benefits have a dollar amount. In response to Commissioner Macht, Mr DeBlois advised that the format, etc., are on computer. March 20, 2001 Commissioner Macht asked if fixing the map would be possible, and Mr. DeBlois advised it could be done. Vice Chairman Stanbridge reiterated her suggestion that the public be given more information on the origination of the program and the desired result. Commissioner Adams thought the information was very good; Vice Chairman Stanbridge agreed it was very concise. Bea Gardner, 986 25th Street. agreed that it is important to show the map of the county as a whole. She credited Milt Thomas for his "words" ability. As an artist -type, she demonstrated how the map could be extended in a certain way and the words wrapped around the expanded map. This should allow for accommodation of the same amount of words. She thought that would be a real asset and give everyone a very good view of the entire county. She agreed with Vice Chairman Stanbridge that more information should be included, but felt that anyone receiving this brochure could get a real good idea of what the County has spent the taxpayers' money on. She commended Mr Coffey for his abilities as chairman. Vice Chairman Stanbridge reiterated her point of establishing a cost value so people could know of the benefit other than it is pretty to look at. Although she had no problem following the colors, Chairman Ginn thought it might be less confusing if all of the properties the County has purchased were in green. Commissioner Adams thought the color codes showed the different types of habitat, but that is not explained. Mr. Coffey commented on the color scheme and pointed out that colors of the numbers are related to help people orientate themselves. He assured the Commissioners that the issue was discussed many times as to how to quantify the cost benefits. He pointed out that the loss of tax revenue was not included at all in the brochure. March 20, 2001 PG 6 5 6 184 Vice Chairman Stanbridge stated that many people think the land is being purchased for scrub jays and do not realize it is a re -charge area. It takes a lot to convince them that the scrub land has more than one benefit. The same goes for the property along the Lagoon. Once again, Mr. Coffey referred back to the objective established for the committee. Discussion ensued. Commissioner Macht suggested there might be future brochures on specific tracts, and Mr. Coffey advised that one of the suggestions within the committee was a booklet that the Chamber of Commerce might spearhead. Commissioner Adams noted a difference of approximately $1.4 million on the program costs, and Mr. DeBlois advised that staff would double check the figures. He thought there was an explanation but was not able to recall it at the moment. ON MOTION by Commissioner Macht, SECONDED BY Commissioner Tippin, the Board unanimously approved the brochure with corrections as discussed. The Commissioners expressed their thanks to the committee. 11.A.2. INDIAN RIVER COUNTY - APPEAL OF A PLANNING AND ZONING COMMISSION DENIAL OF A REQUEST FOR NIGHTTIME USE OF THE COUNTY GUN RANGE The Board reviewed a Memorandum of March 12, 2001: March 20, 2001 TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: At-G4:4Th Rex - Robert M. Keating, AICP Community Development Director 1) THROUGH: Stan Boling, AICP Planning Director Ei{ iir'PG657 FROM: DATE: John W. McCoy. AICP 'ON 4\1\ Senior Planner. Current Development March 12, 2001 SUBJECT: INDIAN RIVER COUNTY'S APPEAL OF A PLANNING AND ZONING COMMISSION DENIAL OF A REQUEST FOR NIGHTTIME USE OF THE COUNTY GUN RANGE It is requested that the data herein presented be given formal consideration by the Board of County. Commissioners at its regular meeting of March 20, 2001. BACKGROUND Indian River County is completing construction of a public gun range located north of the terminus of 102nd Terrace and east of I-95, within the St. Sebastian River Buffer Preserve. The project site encompasses a 318 acre portion of the overall Preserve, which contains 6 800 acres and is currently zoned and designated for conservation uses ( CON -1. C-1). As gun range construction nears completion. the county is now finalizing the operational aspects of the range. One such aspect includes limited nighttime operation to accommodate use by the public after normal workday hours. When the Planning and Zoning Commission granted site plan and administrative permit approval for the gun range on October 8. 1998 it's approval included a condition that operation of the range be limited to daytime use only. At that time the applicant (county) did not anticipate the need for nighttime use and did not submit a lighting plan or object to the condition. However, recently the county determined that operation of the gun range until 9:00 p.m. would be needed to allow opportunities for public use after normal daytime work hours. Based on that determination the county requested Planning and Zoning Commission approval to modify the daytime use condition to allow operation of the range until 9:00 p.m. Lighting plan information was included with the request. At its March 8, 2001 meeting the Planning and Zoning Commission voted 2 to 3 on a motion to approve the county s request. That motion did not pass, which effectively denied the request (see attachment #2). The applicant (county) is now appealing the Commission's decision, seeking to overturn the denial and obtain Board approval to allow operation of the gun range until 9:00 p.m. nightly. According to the county's land development regulations (LDRs), appeals of decisions of the Planning and Zoning Commission are considered by the Board of County Commissioners. The Board is now to review the Commissions' decision and grant or deny the appeal and corresponding request, with or without conditions. ANALYSIS: The county's land development regulations (LDRs) provide criteria for the Board to use in its review of an appeal of a Planning and Zoning Commission decision. These criteria. based on LDR section 902.07 (see attachment #5), are as follows: (1) Did the Planning and Zoning Commission fail to follow the appropriate review procedures? (2) Did the Planning and Zoning Commission act in an arbitrary or capricious manner? March 20, 2001 186 Emx (3) Did the Planning and Zoning Commission fail to consider adequately the effects of the proposed development upon surrounding properties. traffic circulation or public health. safety and welfare? (4) Did the Planning and Zoning Commission fail to evaluate the application with respect to the comprehensive plan and land development regulations of Indian River County? The Board is to consider each of these criteria and make findings in all 4 areas addressed by the criteria. Staffs analysis of the Planning and Zoning Commission's decision in regard to the 4 criteria is as follows: (1) Did the Planning and Zoning Commission fail to follow the appropriate review procedures? The Planning and Zoning Commission considered the request at a regularly scheduled meeting and discussed the request in some detail. There were planning and public works staff available at the meeting to respond to questions. A motion to approve was properly made and the motion failed. thus denying the request. Therefore, in staff's opinion, the Planning and Zoning Commission did not fail to follow proper procedures in consideration of the subject request (2) Did the Planning and Zoning Commission act in an arbitrary or capricious manner? During consideration of the request. the Planning and Zoning Commission discussed concerns regarding possible "light pollution" that might occur within the Buffer Preserve if the hours of operation were extended. During discussion. staff indicated that the lights could be turned off at 9:00 p.m., which would limit the hours of artificial lighting. Despite the proposed time limitation on outdoor lighting Commissioners expressed concerns that any outdoor lighting could pose an intrusion into a conservation area. In conjunction with these concerns, Commissioners expressed doubts that any nighttime use of the site is necessary. Thus, the rationale- for the Commission's denial was that the potential for light pollution effects should be avoided all together since nighttime use of the range. and corresponding outdoor lighting. seemed unnecessary. The applicant has stated that operation of the facility until 9:00 p.m. is needed to accommodate "the working public.' that primarily consists of daytime workers. At the Commission meeting there was no evidence presented or argument made to refute the applicant's assertion that nighttime use is necessary to accommodate the public gun range use. Therefore. staff s analysis is that the Commission's conclusion that there is no need for nighttime gun range use was arbitrary. (3) Did the Planning and Zoning Commission fail to consider adequately the effects of the proposed development upon surrounding properties. traffic circulation or public health, safety and welfare? March 20, 2001 The Commission's concerns appear to have been founded on possible negative effects that nighttime lighting until 9:00 p.m. could have on 187 B{ 11? PG 659 • surrounding conservation lands. Such concerns relate to effects upon surrounding properties. Therefore staff's analysis is that the Commission did not fail to consider adequately the effects on surrounding properties. (4) Did the Planning and Zoning Commission fail to evaluate the application with respect to the comprehensive plan and land development regulations of Indian River County? The light pollution concerns of some of the Planning and Zoning Commission members appears to have been based on a perceived conflict between conservation uses and nighttime lighting. However, the CON -1 district specifically and the LDRs generally do not prohibit such lighting. Such lighting in CON -1 areas can be necessary for public access and recreation uses. Examples of such circumstances include lighting of boat ramps for night and early morning use or lighting of camping areas. As detailed in attachment #3. the gun range was originally approved as a "public park ' administrative permit use -under the site's 1998 A-1 (Agriculture) zoning. The applicable public park specific use criteria address lighting in section 971.40(7)(d)2., as follows: tel Any recreational use equipped with Lighting to allow the use of the facility after sunset shall be designed such that: All lights are shielded from shining into residentially designated adjacent properties; and b. Hours of operation and/or special design techniques are used to mitigate noise impacts, especially during evening and nighttime hours." The site is not located near any residentially designated properties. thus criterion 2.a is met. The Planning and Zoning Commission staff report on the county's extended hours request (attachment #1) provided details on criterion 2.b. in regard to lighting design and hours of operation limitations. Essentially. all range lighting is proposed to be shielded and focused directly on target areas with little spill over. In addition proposed site lighting (street and parking lot lighting) will be the minimum needed to provide adequate traffic safety for the proposed nighttime hours of operation. All lighting can be turned off at 9:00 p.m The Commission decision appears to have been based on criteria 2a. and 2b. as referenced above. However those criteria provide for regulating rather than prohibiting nighttime lighting. In staffs opinion, the proposed lighting design and limited hours of operation are sufficient to meet criteria 2a and 2b. The Commission appears to have applied a more stringent lighting standard than is provided for in the county LDRs. Thus. the outright prohibition of nighttime lighting that resulted from the Commissions decision was not based in the LDRs. Therefore. the Planning and Zoning Commission did fail to properly evaluate the request with respect to the county's (LDRs). _ March 20, 2001 St's 1 188 SUMMARY: The Commission's conclusion that limited nighttime use of the range is unnecessary was arbitrary. In addition. the decision failed to properly apply the LDRs by prohibiting rather than regulating nighttime lighting. The limited lighting and hours of operation that the applicant proposed can reasonably balance light pollution concerns and public use of a portion of the Preserve. and can meet the applicable LDR requirements. Therefore. the Commission's decision to deny the request should be o‘enurned and the applicant's request approved. RECOMMENDATION: Based on the above analysis. staff recommends that the Board of County Commissioners: (1) Find that the Planning and Zoning Commission failed in regard to criteria 2 and 4. as stated in this report, and (2) Uphold the appeal, overturn the Planning and Zoning Commission's denial. and grant approval for use of the gun range until 9:00 p.m. nightly, as requested. ATTACHMENTS: 1. Staff Report for Extended Hours Request (includes back-up from 1998 application) 2. Draft P&ZC Minutes for Extended Hours Request 3. Applicant's Appeal Memo ON MOTION by Commissioner Adams, SECONDED BY Commissioner Macht, the Board unanimously 1) found that the Planning and Zoning Commission failed in regard to criteria 2 and 4, as stated in the above memorandum, and 2) upheld the appeal, overturned the Planning and Zoning Commission's denial, and granted approval for use of the gun range until 9:00 p.m. nightly, as requested, as recommended in the memorandum. March 20, 2001 11.G. RIGHT-OF-WAY ACQUISITION - PAVING AND DRAINAGE IMPROVEMENTS/PROJECT NO. 9920 - 16TH STREET BETWEEN 66TH AND 74TH AVENUES - MARJORIE L. BRADLEY~ TRUSTEE The Board reviewed a Memorandum of March 8, 2001: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director AND Christopher J. Kafer, Jr., P.E., County Enginee FROM: Ronald L. Callahan, SRA, Right -of -Way Agent SUBJECT: Right -of -Way Acquisition 16th Street between 66th and 741h Avenues Street Paving and Drainage Improvements/Project No. 9920 Marjorie L. Bradley, Trustee • • ,Qh DATE: March 8, 2001 DESCRIPTIONS AND CONDITIONS An additional 70 feet (70') of right-of-way is needed along the north side of 16ih Street between 66`h and 74`h Avenues to accommodate a paving and drainage road improvement project. The owner has executed a contract at a negotiated price of 525.000.00 per acre for this A-1 zoned land, which has a Land Use Designation of M-1, 8 -units per acre. This price per acre is comparable to other similar land use parcels the County has recently purchased in the same area and through evaluations. The contract price is 314,487.20. The purchase price for the land is 313,800.00 based on 0.552 acres (S25.000 per acre x 0.552 acres = S13 800.00). The balance of the purchase price is in the form of a site improvement, which consists of reimbursing the property owner for the construction and relocation of 343.6'of pasture fencing totaling 3687.20. There are no appraisal or attorney's fees. Other terms and conditions in the contract are as follows: a) The S14,487.20 will be net to the seller. There will be no expenses taken from the contract price; b) There will be no assessments levied against the property for the completion of this project. ALTERNATIVES AND ANALYSIS None March 20, 2001 Bt(662 190 RECOMMENDATIONS Staff recommends that the Board of County. Commissioners approve the S14.48 20 purchase and authorize the Chairman to execute the contract. Funding. with be from Account = 315-214-541 066.12 ATTACHMENTS 1.Two copies of the Purchase Contract each with Legal Description and Sketch 2. One notarized and signed copy of the "Disclosure of Beneficial Interest ' Form ON MOTION by Vice Chairman Stanbridge, SECONDED BY Commissioner Adams, the Board unanimously approved the $14,487.20 purchase from Marjorie L Bradley, Trustee, and authorized the Chairman to execute the contract, as recommended in the memorandum. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.H. DEVELOPER'S AGREEMENT WITH MARGO STANFORD FOR WATER MAIN REPLACEMENT ON 9TH PLACE AND 9TH STREET BETWEEN 6TH AND 7TH AVENUES The Board reviewed a Memorandum of January 30, 2001: DATE: TO: JANUARY 30. 2001 JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS.'P.E. DIRECTOR OF UTILITY S l PREPARED AARON J. BOWLES. P.E. AND STAFFED ENVIRONMENTAL ENGINEER �( BY• DEPARTMENT OF UTILITIES �(�1 SUBJECT: DEVELOPER'S AGREEMENT WITH MARGO STANFORD (FOR WATER MAIN REPLACEMENT ON 9T" PLACE & 9T" STREET BETWEEN 6`h AVE. AND 7TH AVE) March 20, 2001 BACKGROUND & ANALYSIS Margo Stanford (Developer) is constructing an Assisted Living Facility (ALF) at 615 9th Place. In conjunction with the construction of the Assisted Living Facility proposed by Margo Stanford, the Department of Utilities request that the Developer enter into an Agreement to replace existing undersized water mains serving their development and the surrounding community. The existing water mains serving area residents is constructed of 2 -inch diameter pipe. It is recommended that the existing under- sized (2 -inch dia.) water distribution system be replaced with the minimum 6 -inch diameter water main required meeting FDEP standard. The existing properties are provided potable water via 2 -inch diameter water mains located along the rear lot lines of the designated properties. It is recommended that the existing 2 -inch water mains be replaced with 6 -inch diameter mains to improve system pressure and increase available fire flow. The proposed 6 -inch mains will be relocated from the rear lot lines to the road right-of-wav for accessibility and ease of maintenance. As shown in Exhibit - B of the attached Agreement, the County Share and Developer's share for installing the recommended improvements is tabulated below and included in the attached Developer's Agreement is as follows: Description Developer's Share County's Share Total Protect Cost Water Distribution System S72.143.50 S73.043.50 RECOMMENDATION: The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Developer's agreement as presented & authorizes the Chairman to execute the same. LIST OF ATTACHMENTS: Attachment -A. : Proposed Developer's Agreement with Margot Stanford ACCOUNT INFORMATION: ACCOUNT NO: 471-169448 NAME: Replacement and Renewal Fund AMOUNT: 573.043.50 ON MOTION by Commissioner Adams, SECONDED BY Vice Chairman Stanbridge, the Board unanimously approved the proposed Developer's Agreement with Margo Stanford and authorized the Chairman to execute the same, as recommended in the memorandum. AGREEMENT FOR THE CONSTRUCTION OF OFF-SITE UTILITIES IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 20, 2001 • 13.A. CHAIRMAN GINN - CULTURAL COUNCIL REQUEST FOR REPRESENTATIVE OF BOARD OF COUNTY COMMISSIONERS - CHAIRMAN TO SERVE Chairman Ginn explained that the Cultural Council has requested that a member of the Board of County Commissioners sit on their Board as a member in an ex -officio position. The County Attorney advised her it could be done. They are also under the Sunshine Law since they accept government funding. The position will be rotated each year and they have asked her to be on the board this year. She felt it should be approved by the Commission and also the issue of rotation. MOTION WAS MADE by Commissioner Tippin, SECONDED by Commissioner Adams, that Chairman Ginn be the Board's representative to the Board of the Cultural Council. Neither the maker nor the seconded wanted to comment on the rotation. Chairman Ginn assured them the chairman will be rotating next year. Commissioner Macht was concerned because he was a member of the Cultural Council and frequently attends the Board meetings. After hearing that Commissioner Macht was not a member of the Board, but only of the organization, County Attorney Bangel advised that would be fine. There was further discussion on different scenarios which might pose a problem, and Commissioner Macht suggested that County Attorney Bangel further check into this matter and if it is a problem, he will not attend the Cultural Council's Board meetings. March 20, 2001 193 Bi{ i 65 dN 13.B.1. VICE CHAIRMAN STANBRIDGE - UPDATES Vice Chairman Stanbridge advised that she had no updates to report. 13.B.2. VICE CHAIRMAN STANBRIDGE - PERMISSION GRANTED TO PREPARE HISTORIC PRESERVATION GRANT FOR OLD WINTER BEACH ELEMENTARY SCHOOL Vice Chairman Stanbridge reviewed a Memorandum of March 15, 2001: DATE: TO: FROM: SUBJECT: March 15, 2001 Board of County Commissioners (BCC) Commissioner Ruth Stanbridge Grant Application I would like to propose that a historic preservation grant application be submitted in the May cycle for the restoration and adaptive use of he old Winter Beach Elementary School The building is structurally sound and, simply needs some TLC. This grant would address stabilization, which includes roof, windows, doors, painting, etc. Also, I would be adding some "hardening" such as hurricane shutters There will not be a need for a cash match because the value of the property and cost for connection to the County's water system would be higher than the grant request of approximately $30,000.00. For many years, this school was the home for the HeadStart Program. At present, there is another non-profit day care that would like to lease this building and expand this program. This program will include many of the children that are now on the waiting list from Agriculture Labor Program Inc. (ALPI). Also, this expansion would include some additional day care workers which I believe will be coming from the on-eoing training program at the college. The adaptive use as a day care would be very appropriate for this building. The location on U.S. 1 between Wabasso and Gifford is also significant because it will be convenient for parents who are working on the barrier island and in the citrus packinghouses along this corridor. ON MOTION by Vice Chairman Stanbridge, SECONDED BY Commissioner Adams, the Board unanimously approved an historic preservation grant application be prepared for the Old Winter Beach Elementary School, as requested. March 20, 2001 8K 194 4 13.C. COMMISSIONER ADAMS - REQUEST FOR OUTSIDE CONSULTANT TO EVALUATE EMERGENCY SERVICES (FIREFIGHTERS AND PARAMEDICS) LEVEL OF SERVICE FROM ESDAC (EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE) Commissioner Adams reviewed a Memorandum of March 13, 2001: TO: Board of County Commissioners FROM: Fran B. Adams, Chairman, ESDAC DATE March 13, 2001 RE• Recommendation At the last meeting of the Emergency Services District Advisory Committee the recommendation was made to go to an outside consultant to evaluate the level of service in emergency services and make recommendations. The Emergency Services Department will draw up a Request for Proposal to be brought back to the Commission for approval. Thank you • Commissioner Macht questioned whether it was really necessary to go forward with the recommendation of the ESDAC, and Chairman Ginn felt it was a policy decision but asked Administrator Chandler to comment on the need for a consultant. Administrator Chandler recounted that a plan was made last year by staff looking at a fire -based rescue system and our level of services. In that plan, the costs that were generated were not carried forward because it was not cost-effective. That information was relayed to the ESDAC at their first meeting. At the last meeting, there was a presentation by IAFF (International Association of Firefighters) which had a differing view. There was also a presentation by the Teamsters representing the paramedics with still a third view. He thought the committee felt we need an outside consultant because of all the differing views. From a staff perspective, if we are going to pursue looking at our level of services, we March 20, 2001 195 BXi , 667 believe it should be an outside, independent consultant as opposed to staff doing yet another study, or the IAFF, or the Teamsters. The fundamental question is, is there a need for change in the manner in which we deliver our services. From his perspective, he thought the County had quite an excellent level of services both in fire and rescue, particularly fora community of our size. Commissioner Macht felt that Administrator Chandler's opinion is shared by many others who have been very complimentary of our emergency services. Commissioner Adams thought that ESDAC felt the issue was over their head and that it was too politically charged at this point. The ultimate decision rests with the Board of County Commissioners. Obviously, if nothing is done, a lot of money will be saved. But the Board will need to address the issue sometime. In response to Vice Chairman Stanbridge concerning a time frame, Administrator Chandler thought it would take several months since a draft RFP would have to be developed to come back before the Board. Commissioner Macht felt a great deal of money would be expended to solve a political situation and suggested putting it off for several months. ON MOTION by Commissioner Macht, SECONDED BY Chairman Ginn, the Board unanimously agreed not to take any action on this recommendation. March 20, 2001 B1(i i /' 668 -t 196 13.D. COMMISSIONER MACHT - REMARKS ABOUT AFFORDABLE HOUSING To illustrate the need for affordable housing here, Commissioner Macht advised that he recently advertised a small house in the city limits for rent for $550.00 per month. He received 127 phone calls the first day about it and is still receiving calls. He has now recived over 250 calls. He felt that pointed up the County's need for availability of affordable housing. 14.B. SOLID WASTE DISPOSAL DISTRICT None. There being no further business, upon motion duly made and seconded, the Chairman adjourned the meeting at 12:13 p.m. ATTEST: Minutes approved March 20, 2001