By Henry A. Stephens
staff writer
April 20, 2005

INDIAN RIVER COUNTY — When county officials were building Indian River Boulevard in the 1980s, they needed right of way.

And brothers Nathan and Melvin Tanen of North Palm Beach, former owners of several acres south of Vero Beach, gave about five acres to the cause — in exchange for being able to develop their remaining land with all the density as if they hadn't given any away.

"It saved the county money and time in the acquisition of right of way," county Planning Director Stan Boling recalled Tuesday.

Almost 20 years later, however, the Tanens' trade and similar exchanges have meant a different kind of cost, with more development allowed than would have been permitted otherwise, county commissioners said.

"I'd like to know the cost of right of way when we buy it," Commissioner Gary Wheeler said. "When we transferred density for Indian River Boulevard, we didn't know for 10 to 15 years what the costs are."

In a 5-0 vote Tuesday, the commission supported Wheeler's motion to amend the county's land-development regulations and cease the exchange of density credits for right of way.

Linda Bolton, president of the Indian River Neighborhood Association, hailed the action after the meeting.

"I think the influence of the IRNA is finally having an effect," she said. "It's cheaper to buy strips of land than it is to build a new school (for the extra development)."

The Palms at Vero Beach, which in 2002 bought 23 of the Tanens' acres, built 259 apartments northwest of Indian River Boulevard and 12th Street. The trade allowed 39 more units than zoning permitted, Boling said, for 11 units per acre.

The Palms complex, with its extra density, sparse landscaping and backyards visible from the street, ignited an ongoing reform of land-use laws.

And across Indian River Boulevard to the east, Provence Bay has won recent initial approval for 232 townhouses on 25 acres of former Tanen land, 32 more homes than zoning allowed, for 9.3 homes per acre.

Vice Chairman Art Neuberger defended the increase of density, as long as a property is surrounded by berms, to provide affordable housing.

But the density credits weren't helping affordable housing, Wheeler said.

Rather, he said, developers of all other types of land have been seeing benefits from extra density.

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