HomeMy WebLinkAbout9/21/1961THURSDAY, SEPTEMBER 21, 1961
The Board of County Commissioners of Indian River County, met at
the Courthouse, Vero Beach, Florida in a special meeting held at o:00
o'clock A.M., Thursday, September 21, 1961. Present were Robert W. Graves,
Chairman and members, Donald Macdonald, Dr. B. Q. Waddell and J. J. P.
Hamilton. Absent was D. B. McCullers, Jr. Also present were Ed Schmucker,
County Engineer, John Gould, Attorney to the Board, and Katherine Morrison,
Deputy Clerk.
The Chairman announced this meeting was called for the purpose of
taking up the zoning on James C. Kelly's property.
The Attorney for the Board stated that the Zoning Resolution passed
on September 20, 1960 changed the following described property from R-1,
Single Family District, to C-1, Commercial District:
Tracts 3, 4, 5, 6, 11 and 12, Section 35, Township 33 South,
Range 39 East, according to the last general plat of lands
of the Indian River Farms Company.
with the following contingency:
"That such change is granted contingent upon the applicant obtaining
the permit for the proposed construction of tracks, stables, club hourse
facilities and other structures necessary for the operation of a race track
within six months and completing the construction within one. year from
the date of the passage of this Resolution, and if either contingency is
not complied with within the time provided, then as to Paragraph 5 this
Resolution shall be null and void and of no force and effect, and the
zoning of this property shall revert to its status prior to the adoption
of. this Resolution."
The Chair recognized Mr. James C. Kelly, who stated that he felt
that he had complied with all contingencies as set forth in said resolu-
tion.
'Each Commissioner expressed their views by stating that they had
been out and viewed the property in question and in their separate
opinions all things had not been complied with.
Byron Cooksey, representing other interested citizens of the County
was recognized by the chair and stated that in the opinion of his clients
all facilities had not been built, therefore, the contingencies had not
been complied with.
After some further discussion in the matter, Motion was made by
Commissioner Macdonald, seconded by Commissioner Waddell and unanimously
carried, and the following Resolution was adopted:
RESOLUTION
WHEREAS, on September 20, 1960, the Board of County Commissioners
of Indian River County did adopt a resolution that the zoning resolu-
tion of Indian River County, Florida, and the accompanying zoning map
be changed by changing Tracts 3, 4, 5, 6, 11 and 12, Section 35, Town-
ship 33 South, Range 39 East, according to the last general plat of
lands of the Indian River Farms Company, from R-1, Single Family Di-=
trict, to C-1, Commercial District; and,
WHEREAS, said resolution also contained the following provision,
to wit:
"Provided, however, that the change set forth in Paragraph
5 hereof is made pursuant to the request of James C. Kelly,
and that such change is granted contingent upon the appli-
cant obtaining the permit for the proposed construction of
tracks, stables, club house facilities and other structures
necessary for the operation of a race track within six months
and completing the construction within one year from the date
of the passage of this Resolution, and if either contingency
is not complied with within the time provided, then as to
Paragraph 5 this Resolution shall be null and void and of no
force and effect, and the zoning of this property shall re-
vert to its status prior to the adoption of this Resolution."
and,
WHEREAS, paragraph 5 mentioned above also covered the land particu-
larly described in the first paragraph above; and,
WHEREAS, the one year period mentioned above expired at midnight
on September 20, 1961; and,
WHEREAS, the members of the Board of County Commissioners of
Indian River County, Florida, have personally inspected the property
described above and have made certain determinations, now, therefore:
BE IT RESOLVED by the Board of County Commissioners of Indian
River County, Florida, that neither James C. Kelly nor anyone else has
complied with the second contingency mentioned above, to wit: the com-
pletion of the construction of tracks, stables, club house facilities
and other structures necessary for the operation of a race track within
one year from September 20, 1960;
BE IT FURTHER RESOLVED by said Board that said resolution adopted
September 20, 1960, shall be and it is hereby declared null and void and
of no force and effect as to paragraph 5 therein and that the zoning of
the property described in paragraph 5 of said resolution has reverted to
its status prior to the adoption of said resolution adopted September
20, 1960;
BE IT FURTHER RESOLVED by this Board that said zoning map be
changed in order that the following described property, situated in
Indian River County, Florida, to wit: Tracts 3, 4, 5, 6, 11 and 12,
Section 35, Township 33 South, Range 39 East, according to the last
general plat of lands of the Indian River Farms Company, be changed
from C-1, Commercial District, to R-1, Single Family District.
There being no further business, the meeting then adjourned.
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