Just a little update:
County sinks developer's Ocean Sands rezoning
By Henry A. Stephens
staff writer
October 20, 2004
INDIAN RIVER COUNTY County commissioners Tuesday turned down a New Jersey developer's plans for 66 condominiums and 12 cabanas on 10 acres, saying they wouldn't be consistent with the area of Disney's Vero Beach Resort and the Sea Oaks condominiums.
"Our big thing is views (of the ocean) and we don't have any views here," Commissioner Fran Adams said.
In a 3-2 vote, the commission granted an appeal from the North Beach Civic Association, which sought to reverse the Planning and Zoning Commission's approval in August of MGD Development Group LLC's plans for Ocean Sands condominiums.
MGD is now limited to six residential units per acre, as the zoning states, rather than the proposed 6.6 units per acre with the 12 cabanas.
"I think this will stand the test in court," Commissioner Ken Macht said, making the motion.
However, the vote sent MGD attorney Bruce Barkett of Vero Beach into discussions with his clients of whether to sue the county for a wrongful rejection.
Records show the county in 1993 granted conceptual approval for what was then the 70-acre three-phase Disney Florida Beach Resort.
But Disney in April 2001 dropped the second two phases, south and west of the resort, selling them instead to MGD.
"These people want to get credit from (Disney's) time-share units and turn (the southern phase) into condos," association President Bill Glynn said.
Adams and Chairwoman Caroline Ginn supported Macht's motion, winning applause from North Beach residents.
Vice Chairman Art Neuberger and Commissioner Tom Lowther dissented, favoring Planning Director Stan Boling's argument that the 1993 approval governed the proposed Ocean Sands site, even if Disney sold the land.
Neuberger said he agreed with residents' opposition, but said Boling proved his point "over and over and over" that the Ocean Sands plan followed the earlier approval.
Glynn and Macht recalled the county giving Disney a unique deal, such as individually taxed time-share units, in hopes that the entertainment giant would beef up the local economy with jobs and tourist taxes.
Glynn and Macht, meanwhile, took issue with the 12 cabanas.
Boling said Ocean Sands wouldn't rent the cabanas to others, he said, only as part of its condominium packages.
Even if the proposed Ocean Sands cabanas were living units, Barkett said, 78 units would still be a reduction from the Disney-era allowance for 91 time-share condominiums and 72 efficiencies