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HomeMy WebLinkAbout1/21/1958TUESDAY, JANUARY 21, 1955 A special meeting of the Board of County Commissioners of Indian River County was held at the Courthouse, Vero Beach, Florida at 9:00 o'clock A. M. Tuesday, January 21, 1958. All members were present. Also present were Sherman N. Smith, Jr., Attorney, Ed Schmucker, Ro & Bridge Superintendent, and Katherine Morrison, Secretary:.. The Chairman stated this meeting was called for the purpose of taking up the proposed zoning changes. 0 VERO REACH PRESS -JOURNAL Published Weekly Vero Reach, Indian River County, Florida COUNTY OF INDIAN RIVER: 1 STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a'�-''�- in the matter of a Q—.t& - -- ' nn o -a-� • � 9 R C.O In the Court, was pub - lished in said newspaper in the issues of S19 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published In said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, In said Indian River County, Florida, for a period of one year neat preceeding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this a of A. D. S s S (Business Manager) Ree Rauea COURT (Clerk of the Circuit Court, Indian River County, Florida) (SEAL) NOTICE NOTICE' IS HEREBY GIVEN that the Zoning Commission of In- 1 dian River County,Florida, has.l made its final 'report recommend- ing changes and additions to the j :Zoning Resolution of Indian River County, Florida, which said changes and additions are substantially asl follows: 1. That, the R-1 A, Country Home a Ag MaDoad �AiWtlV wo:) anc .F saiBoid 44'm, .dn I 4sntu DwjauN The foregoing Notice was read by the Chairman after which he asked if there were any present who ejected to. said changes. Mrs. Ed Swickel was recognized by the Chair and presented her objections. Mr. Tester Hanshaw was then recognized presenting his objections. The Chairman then read several petitions which had been presented to the Zoning Board and also several letters for and against said zoning changes. Mr. Robert Duerden was also recognized and spoke for the zoning changes. After considerable discussion in the matter and no agreement being reached, Motion # was made by Commissioner Robert Graves, seconded by Commissioner McCullers and unanimously carried to defer action until the Commissioners could get together and go in a body to view the areas in question. The Chairman asked the Secretary to contact Mr. Al Forney, Chairman a . of the Planning and Zoning Commission and request that he go with them. It was decided they would go on Wednesday afternoon, January 22nd at 2 P. M. 0 1 1 0 1 0 1 N p T I C E VERO BEACH PRESS -JOURNAL NOTICE Is HEREBY CrvEN1 that the zoning Commission of In-' Published Weekly than Rayer County, Fbrida, had made its final report recommend- ing changes and additions to the Vero Beach, Indian River County, Florida zoning Resolution of Indian River County, Florida, which said change$ and additions are substantially as COUNTY OF INDIAN RIVER: follows: STATE OF FLORIDA 1. That the R1 A Country Rome' District, be extended South from) Before the undersigned authority personally appeared J. J. Schumann, who the ter uI the Roseland Road ap- ' on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly proximately 410 feet to the South line of the Old Hight property and newspaper published at Vero Beach in Indian River County, Florida; that the attached from the Old Dixie Highway, East to the Indian River . - copy of advertisement, being a ___. _--_-___ 2. That the C-1, Commercial ------------'---____--"--------"-""'--- District: over the area from the' North line of Riverview Subd, � vision Scu in to the North lite it -- - --- _, ill the matter Of _-_�•V16�t4}.:,1_._ "^'g___L1.8--0+-r..J the City el Scba t an and fr m a 66 ,in 150 feet East f theOld D' ie p Q 0 High -1Y. East to thic Indian R'r. - �• " y. That there f the1 R A. f/^ ,ountry home District, mentioned) in Paragraph '1 above South to the -------- in in thE---__—__ ______--_--_-------------------- Court, was Pub- North line of Riverview Subdi. . vision and from a line 150 feet. Fadiof the old. Dixie. Highway, <, lished in said newspaper in the issues of _______---._--_--- East to the Indian River, remain R3, T t District, yy v 4_ That li f the remaining area -_-_-i.t ..... --_--_ ... _... .._ North of the Nontf--Cty Limits of -'o the City of 9epastt n extending to d lin pp x matdly 410 feet South Affiant further says that the said Vero Beach Press -Journal is a newspaper published at from the center of .the Roseland l Vero Beach, fn said Indian River County, Florida, and that the said newspaper has heretofore Road and from the new right f been continuously published in said Indian River County, Florida, weekly and has been entered way tine of U. S. Highway No. l as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida, Last to the Indian River not en - for a period of one year neat preceeding the first publication of the attached copy Of advertisement; compassed paragraphs - and affiant further says that he has neither paid nor promised any person, firm or corporation um berdd 1, 2 and 3 above, be a... d oned r ' any discount, rebate, commission o refund for the purpose of securing this advertisement for R•2, Single Family District publication in the said newspaper. 5. That theZoning Resolution be 1„Q Chang tl f dei th t there b Sworn to and subscribed before me this a .`._.,_ '-lof _.... ..... A. D. �1�._5�..... adtled t the and there.t a par graph to inid'as.1 ]t s r uy P des ng a change! (Business Manager) o d Dent to the Z g, l// UIaL-.5 tiAt\Qr1 Resor t' Z g Map 'hall R6 IfCYtT COYn► submit the Sam in writing to, the Superintendent of Public, (Clerk of the Circuit Court. Indian River County, Florida) Road, describing by legal de-! ,pt and by iu ¢ t ado (SEAL) % .I S� �L�j6 � her ffpossible, th th property c ht be U / oec th tl by pIOp9sed ha ge .tong �f tl the p esept -a 19 � anplt bl thereto 11 specifying --------,.. r. the d t t ne or lyse requested _. ._ by the applicant There shall be^ at said time pat to the ¢sperm-` tandem ofPublic. Roads for the _ Dunt of the County the sum of The foregoing Notice was read by the Chairman after whichs5oo.00 for each such regnedted were change; providing, however, tont a many lots or Parcels of property any present who *jected to said changes. bars. Ed Swickel was reco'abe ine,ntledli ant may desire e ipetition and i provided the Some is One tlgun ea. Too Superinten,100 presented her objections. Mr. Lester Hanshaw was then recognized ;cgf P bl rRpada.shali en tai$' .tions. it th application to the Zo ng, C mtm on The Chairman then read several petitions which had been presented t £ae Yo tative on - der t at iia ext meetng.� and also Zoning Should the Com'mi Sion tentatively appiove the petltiom ill several letters for and against said zoning changes. Mr. Robert � dhan report its tentative approval; rynized to the county Comm cou. era and p should the County C.nmmt.,.ners tentatively approve the same, pub' and spoke for the zoning changes. be hearings shall be bad. Should either the Zoning..Commuo,ui, o the C ty Commissioners upon After considerable discussion in the matter and no agreeuthen t tative a ation ds- Motion appro the application and the applicant elect to proceed no furl was made by Colmnissioner Robert Craves, seconded by Commissioner blether, men the fee returned wthe �usl the County shall be returned to the y applicant; otherwise, the fee shall in the property of the County. Carrie to defer action until the Commissioners could get together Sho Id public hearings be beld, 7 view metnconnection with the publi-' canon ofthe notice for the puhlic the areas in question, The Chairman asked the Secretary to contact.h—mg before the Zoning Cpm- airman mission, the Superintendent of Public R ads shall -1 a written of the Planning and Zoning Commission and request that he go with trance t 11 prepet' a er p"" ,d the 8 ,ropey w flii 3005 feet - Y of the outer .limits of the area described in the petition r would go on Wednesday afternoon, January 22nd at 2 P. M. gnedting a change, ad is;ng all such w -,a a shown upon the last', prepared and complete Tax Assess-� Sent Hall f the C u ty stating in simple terms the proposed Cha g and the time and place of me P hearing. Thep inions h ,- of plinudmg for mailing of notice is directory only and the failui'e� to mail such notfed shall not affectt any change or amendment to saidi Zoning Resolot," A publIP hearing in relation there to at which parties in interest and citizena shall have aii opportunity to be heard will be held by the _ Board of County Commissioners of Indian River County, Florida, in _:the offices of the Hoard, Indian......__,-.. River County Courthouse, Vero Beach, Florida, at 9:00 o'clock A. M. on January 21, 1058, after which said Board x'111 take aetuu, thereon with respect to said final, report o with respect to any other] chance tin zoning of said above' tlesCivi bed property ylesse,''. or greater area n' tlse 10 appy inity f aid propertyhallear proper. ..BOARD OF' COUNTY COMMIS- SIONERS OF INDIAN RIVERI COUNTY, FLORIDA 8y: J. J. P. Hamilton,' Chairman. Jan, 2. 1958. 0 U 1 C 0 1 1 11 Mr. Sembler of the City of Sebastian City Council appeared before the Board and stated they were in dire need of a dump for that area as the one they are now using is full. After considerable -discussion in the matter, Sherman N. Smith, Jr.'sas asked to look into a 5 acre piece in Roseland and to see if the property given by Mr. Pizat could be used for a dump although he had given it as a cemetery. Mr. Sembler was to take the matter up also with the City Council of the City of Sebastian to see if they would agree to using part of thel Pizat property for a dump. The Chairman read a letter from the County Service Officer, Elmer Harris in which he tendered his resignation to become effective January 21st, but giving no reason for his resignation. After considerable discussion in the matter the Board asked Mr. Harris if he would stay on until the next regular meeting of the Board, at which time his matter would be taken up again. He agreed to hold off until February 4th. Rosemary Richey, Supervisor of Registration requested expense money for attending mid -year meeting at Orlando on January 31 and February 1st. Upon motion made by Commissioner W. C. Graves, Jr., seconded by Commissioner Robert Graves and unanimously carried, the Board agreed to allow her expenses up to $60.00 The following Resolution was introduced by Commissioner W. C. Graves, Jr., seconded by Commissioner Robert Graves and unanimously adopted. R E S 0 L U T I 0 N -- Building Permits WHEREAS, the Board of County Commissioners of Indian River County, Florida, did adopt its resolution providing for the procedure for making application for and the issuance of building permits; Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that there shall be added to the 16 existing paragraphs in the resolution providing for the enforcement of the zoning regulations of this County the following numbered requirements. =17. Each application for a permit shall show on the plot plan the driveway connec- ting the property to the public roadway and all that part of the driveway from the property line to the traveled portion of the roadway shall either be paved in a manner approved by the Superintendent of Public Roads to conform with the drainage swale or that part shall be filled over a drainage culvert of adequate size to provide for proper drainage with a mini- mum culvert of 8 inches to be approved by the Superintendent of Public Roads. 13. The parking or use of any house trailer or other portable living accomodations in any place other than a duly licensed trailer park shall not be done until a permit has been issued therefor in the same manner as if the same were a building or structure. Any such trailer or portable living accomodations shall have sanitrary facilities in accordance with the sanitary code of the State Board of Health. This provision as to permits for trailer4 does not permit the parking or use of trailers in areas except where the same are permitted the terms of the Zoning Ordinance. The County Attorney presented for adoption the completed Bulkhead Resolution and upon Motion made by Commissioner W. C. Graves, Jr., seconded by Commissioner McCullers and /5— F_ g F 3-- 2"56 unanimously carried, said resolution was adopted. Florida; RE S SLUT I OTS - Bulkhead Line A RESOLUTION LOCATING AND FIXING BULKHEAD DINE OFF SHORE FROM ANY EXISTING LANDS BORDERING ON AND BIND IN THE NAVIGABLE WATERS OF INDIAN RIVER COUNTY, FLORIDA: PROHIBITING ANY FILL OR EXTENSION OF LAND BEYOND SAID BULKHEAD LINE: REQUIRING APPLICATIONS FOR PERMISSION AND APPROVAL FROM PROPER AUTHORITIES BEFORE ANY FILLING OR DREDGING MAY BE MADE IN SUCH WATERS AND OTHERWISE REGULATING THE FILLING, DREDGING, DEVELOPMENT AND USE OF THE LANDS COVERED BY SAID WATERS: BE IT'RESOLVED by the Board of County Commissioners of Indian River County, SECTION 1 That the Board of County Commissioners of Indian River County, Florida, does herewith find and determine that the coastal and intracoastal tidal waters in the navigable waters of the State of Florida and the lands underlying the same are vested in the State of Florida to be used and enjoyed by the people in a manner consistent with the public interest and that the promiscuous and unregulated dredging and filling in these waters and upon these submerged lands is in contravention of the orderly and systematic development necessitated by observance of the inalienable public interest and that any dredging and filling activity can, unless conducted with the benefit of thorough investigation and planning, produce consequences injurious to public and private property and detrimental to the resources of the sovereign waters and submerged bottoms and that the Legislature of the State of Florida, by Chapter 57- 362, Laws of Florida, charged the Board of County Commissioners of Indian River County, F with the initial responsibility of fixing the alignment of bulkhead lines within Indian River County, Florida, beyond which there will be no filling and within which filling may be done only with proper formal approval and that this Board has given due and careful consideration to� all of the factors involved with a view of protection of the public interest after public hearilg of which at least thirty days prior notice has been given by publication of a notice of such public hearing for three consecutive weeks in a newspaper having general circulation in and published in Indian River County, Florida, giving public notice of a public hearing pertaining to the matters herein recited and that said public hearing has been held at the time and place stated in said notice at which all arguments for and against the same were heard and considere and that all of the provisions of the laws of the State of Florida have been fully and com- pletely complied with. SECTION 2 A bulkhead line is herewith established in the coastal and intracoastal tidal waters in the navigable waters lying within and off shore from any existing lands bordering thereon in the County of Indian River, said bulkhead line being more particularly identified, set forth and located on a drawing hereto attached, marked 11Exhibit A" and as such made a part hereof, and this Resolution, together with said drawing, shall be recorded in the public records of Indian River County, Florida, in the Book of Plats of said County. Said bulkhead line as herewith located and fixed in so far as the same pertains to that part thereof lying within the territorial limits of each of the City of Sebastian, Town of Indian River Shores and City of Vero Beach located in said County has been heretofore fixed and located by each n LJ 11 1 0 1 0 1 1 E 1 L 0 1 0 D 1 • �of said municipalities respectively and such bulkhead line is herewith accepted and adopted by this Board as its bulkhead line within the territorial area of each of such municipalities. Said bulkhead line is shown upon the attached 11Exhibit A" which consists of sheets 1 through 4, inclusive, of United States Department of Commerce Coast and Geodetic Survey Map. The bulkhead line is the inked line superimposed on said map. For the purpose of clarification, the follow- ing definition and explanations are made a part, to -wit: The shore line is defined as being the law sand escarpment upon which the ordinary tides fluctuate usually being at or near the vegetation line. When tides are referred to they mean the United Statts Coast and Geodetic Data as further established by tide gauge data of the Corps of Engineers of the United States Army. The shore line is ordinarily the mesne high water mark of the regular and ordinary tides. Shore indentations may be straightened out by following cords in a straight line from the outermost point to the outermost point provided the cord does not have a link of more than 300 feet and provided that this rule will not per- mit the blocking or interfering with channels or the free flow of waters. N' The area consisting of the east side of the Indian River from.the Sebastian Inlet Fto the north county line, the bulkhead line is the line 25 feet west from the shore line. The area on the east side of the Indian River from the north county line to the ,Wabasso Bridge, the existing shore line is the bulkhead line except beginning in the area of the big Slough and North Hole and South Hole near the North County line, the bulkhead line goes South across the North Hole and South Hole following a line 1320 feet West and parallel to the East line of Section 4, Township 31 South, Range 39 East, continuing to the South shore of the Big Slough and then following the shore line, provided, however, there shall be two 150 foot wide channels left open which said channels are described as follows: In Government Lot 1, of Section 4, 31/39 the following description is the Q of a required 150' wide canal: Point of beginning is 500" west of the N.E. corner of Section 4 along North line of Section 4, thence due South 612.343, thence due west and being 551.17' north of south line of Government Lot 1, section 4 and for a distance of 895', thence due south and a distance of 476.17' being 1395' east of east line of Section 4, thence due West as further described in property deed of W. L. Graham, Jr. and Non Fitler Graham, his wife, Deed Book 109, page 164. Further in Government Lots 2 and 3 of Section 4, 31/39 the 0 of a 150' canal is described as follows: Point of beginning is 606.08' west of the S.E. corner of Government Lot 3, Section 4 on the South line of Government Lot 3 Section 4; thence on a bearing of N. 45 degrees West a distance of approximately 990' to point on the bearing above described to,line 1395' parallel to go west of the east line of Section 4. Then due North to a point 75' West of N.W. corner of Government Lot 3 and 75' North of N.W. corner of Government Lot 3, which is the point that the canal turns West as described above in Government Lot 1. On all islands in the Indian River the bulkhead line shall be the existing shoreline. On the East shore of the Indian River from the Wabasso Bridge South to the Town of Indian River Shores the bulkhead line will follow the existing shoreline. The area on the West side of the river from the North City limits of the City of Sebastian to the mouth of the Sebastian River, the bulkhead line is established as 250 feet East of the center line of the existing U.S. #1 Highway. On the South side of Sebastian River the bulkhead line is established as 50 feet from the shoreline from the mouth of the Sebastian River West to the railroad bridge and from the railroad bridge West to the tide water line the bulkhead line will be the existing shoreline. On the West side of the Indian River from the South City limits of the City of Sebastian to the Wabasso Bridge the bulkhead line will follow the existing shoreline. a From the Wabasso Bridge on the West shore of the Indian River to the North limits of, the City of Vero Beach, follow the existing shoreline, however, ;Ln the area North of the Winter Beach Bridge side and Hole in the Wall Island, jetties for protection of boat channels may extend not more than 25 feet from the shoreline. From the South City limits of the City of Vero Beach on the East shore of the Indian River to Hells Pocket the bulkhead line is the existing shoreline. The -off -lying islands, the bulkhead line is the existing shoreline. From Hells Pocket on the East shore of the Indian River South to the South County line the bulkhead line is 25 feet from the shoreline; provided that in Porpoise Bay the bulkhead line is established at being the existing shoreline. Provided further that where the existing shoreline is within 160 feet of the North line of the South 660 feet of Goverzmnent Lots 3 & 4� Section 21, Township 33, Range,40, then in that event the bulkhead line may extend out into the water of Porpoise Bay for a distance of 160 feet from said North line. Provided further that this extension shall not extend Westward beyond the inter- section of the shore and said North line. Provided further that where the shoreline is within 160 feet of the South line of said Government Lots 3 & 4 then the bulkhead line may extend out into Porpoise Bay to a point not more than 160 feet North of said South line and provided the same shall not extend West beyond the intersection with the South line and the shore. Also provided that in St. Christopher Harbor and St. Christopher Island the shoreline s is established as the bulkhead line. Further provided from the North end of Round Island to the South County line the shoreline will be the bulkhead line. From the South City limits of Vero Beach on the West shore of the Indian River follow the shoreline to the North line of the Oslo Road and from the North line of the Oslo Road take a bearing of South 300 East and continue on that bearing to a point which is 200 feet from the existing shoreline, then following the existing shoreline a distance of 200 feet East and continue southward to the South County line. ?, SECTION 3 From and after the effective date of this Resolution, no fill or filling or other creation or extension of lands shall be made or maintained outward into the tidal waters of w said County beyond said bulkhead line and no filling or dredging or similar activity shall be made on the landward side of said bulkhead line without formal written approval from this Board where said lands are located outside the limits of any municipality or from the govern- ing body of any municipality where the lands are located within the territorial limits of any municipality, which said approval shall be further subjeCt to the formal approval of the Trustees of the Internal Improvement ,Fund of the State of Florida. a i 11 1 1 0 0 1 I LJ 1 1 0 I - 0 L.1 1 0 CVrTTnXl A Any person desiring to construct islands or to add to or extend existing lands with the landward side of the above described bulkhead line by any means shall make application to this Board in the event said lands lie outside the territorial limits of any municipality or shall make application to the governing body of the municipality in the event said lands lie within the territorial limits of any municipality for permission to do so. Such written application shall be accompanied by a plan or drawing showing the proposed construction and shall also show the area from which any fill material is to be dredged, if any. In the event such application be found by this Board or the governing body of the municipality, as the case may be, not to be violative any any statute, zoning law, ordinance, resolution or other re- striction which may be applicable thereto and found that no harmful obstruction to or alter- ation of the natural flow of adjacent navigable waters will be created from the proposed con- struction and be found that no harmful or increased erosion, shoaling of channels or stagnate areas of water will be created and that no material injury will result therefrom., then the same shall be granted to the applicant, subject, however, to the formal approval of the Trustee of the Internal Improvement Fund of the State of Florida and the United States Army Corps of Engineers. Q1 rTTA1%7 S All permits issued under Section 4 hereof shall be valid for a period of two years from the date thereof and shall be automatically revoked if the proposed work is not completed within such time except for good cause shown and extension granted. Such permit shall be subject to revocation for non-compliance or a violation of the terms thereof. SECTION 6 Nothing contained in Section 4 hereof shall be construed as authorizing the extens of land or placing of any fill on the channel or outwa rd or open water side of the bulkhead line described herein nor beyond any bulkhead line now or hereafter established. SECTION 7 If any sentence, phrase, section or other portion of this Resolution be held invalid; such finding shall not affect the validity of the remaining portions of this Resolution. SECTION 8 This Resolution shall be in full force and effect immediately. There being no further business, upon Motion made, seconded and carried, the Board then adjourned. ATTEST: CHAIRMAN