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ORDINANCE NO. 98- 05 ±37.9 ACRES LOCATED AT THE SOUTHWEST CORNER OF 661"' AVENUE AND 33RD STREET (CHERRY LANE), FROM L-1 TO L-2 (Exhibit "C"); ±11,529 ACRES OF PUBLICLY ACQUIRED ENVIRONMENTALLY IMPORTANT LAND FROM AG -1, AG -2, AG -3, L-1, L-2, C/I, C-2, AND C-3 TO C-1 (Exhibit "D"). SECTION 3. Reveal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severabft It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore, the Indian River County Comprehensive Plan amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Codification The provisions of this ordinance shall be incorporated into the county code and the word "ordinance" may be changed to "section", "article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 6. Legal Status of the Comnrehensive Plan Upon amendment of the Indian River County Comprehensive Plan, pursuant to Florida Statutes 163.3194, all development undertaken by, and all actions taken inregard to development orders by Indian River County government agencies shall be consistent with the amended comprehensive plan All land development regulations enacted or amended shall be consistent with the amended comprehensive plan. SECTION 7. Effective Date The effective date of this ordinance, and therefore these plan amendments, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before this ordinance has become effective. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Vero Beach Press -Journal on the 2nd day of March, 1998 for a public hearing to be held on the 10' day of March, 1998 at which time the public hearing continued to the 17th day of March, 1998 at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Adams , and March 17,1998 W 4