The discussion emphasized the need to strike a balance between developmental
flexibility and community preservation. Staff and Commissioners debated the best
ways to serve community interests. Attorney Shuler wanted to ensure that the Board
understood this hearing was a de novo proceeding, meaning that is was a fresh review
of the project.
Attorney Bruce Barkett, representing the Applicant, emphasized the project's quality
and collaboration with staff and the community, aiming to create a beneficial
development for Indian River County. He noted that the proposed project added only
about seven more homes compared to what was typically allowed under RS-6 or
RS-3 zoning. Mr. Barkett highlighted that the PD process enforced stricter standards,
allowing staff to minimize impacts through site design and public benefits. He pointed
out that the proposal's density of two and a half units per acre was lower than the
maximum permitted density. While the Planning and Zoning comments were relevant,
they were not deemed strong evidence against the project. He praised the staff's
thorough recommendations and addressed concerns about traffic, stating that no
substantial objections were raised during community meetings. Mr. Barkett reinforced
the idea that the denial was based solely on traffic concerns without supporting
evidence. He also mentioned the applicant would agree to the 10-foot setback.
Angie Vitter, Project Manager at MBV Engineering, Inc., responded to
Commissioner Earman regarding roadway improvements on 8th Street. The plan
included adding a Type F curb and gutter to widen the path by two feet on either side,
enhancing safety by preventing direct drop-off into the canal. A midblock crossing
with a lighted beacon to help children from Floresta Gardens cross safely. The
improvements extended to Glendale Elementary School, featuring restriped school
zones and additional signage. Ms. Vitter stated that the team proposed a lower speed
limit to enhance safety. Ms. Vitter mentioned a dip in the road indicating potential
culvert failure, which the applicant agreed to replace as part of the project. Ms. Vitter
discussed the development where the homes were strategically positioned away from
local roads to enhance the surrounding environment, with a park on one side and a
pond on the other. She addressed concerns regarding smaller lot sizes, emphasizing
that buyers would ultimately make their own choices. The project not only met but
exceeded open space requirements by preserving 25% of the native plant community
and enhancements to 8th Street contributed to a more attractive streetscape.
Attorney Shuler clarified that Mr. Barkett’s reference to competent and substantial
evidence warranted a deeper explanation of the PD process. This procedural
framework was an optional zoning mechanism that permitted flexibility in land
development. She noted that under the relevant code, the Board of County
Commissioners possessed the discretion to approve waivers for various land
development regulations. Furthermore, the Board could impose additional conditions
or restrictions on approvals for PD projects, even if those conditions were not