HomeMy WebLinkAbout1985-54INDIAN RIVER COUNTY ORDINANCE NO. 85-54
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN LAND
USE ELEMENT AND MAP BY INCORPORATING A NEW LAND USE DESIG-
NATION "BCID: BLUE CYPRESS IMPROVEMENT DISTRICT", PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES, CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that:
SECTION 1
The Comprehensive Plan Land Use Element is hereby amended by incorporating a
land use designation entitled "BCID": Blue Cypress Improvement District, to read
as follows (to be inserted on page 24 after the description of the "Rural
Residential -2 (RR -2)" policy statement):
"BLUE CYPRESS IMPROVEMENT DISTRICT (BCID)
The Blue Cypress Fish Camp is an established recreational residential settlement
located within a remote west County location adjacent to the western shoreline
of the Blue Cypress Lake. The development lies within a designated environ-
mentally sensitive area and is surrounded by agriculturally designated lands.
The Blue Cypress Fish Camp consists of three fingers adjacent to manmade canals
which flow directly into the Blue Cypress Lake. The fingers have developed at a
density of, ten- (10) units per acre. The area is designated "Blue Cypress
Improvement District" (BCID) on the Cc-prehensive Plan Land Use Map and the
designation is not intended to be extended to undeveloped areas adjacent to or
otherwise outside of the delineated develop-ent.
Analysis of the Blue Cypress Improvement District undertaken by the Indian River
County Unit of the State Department of Enviror-,ental Health and the St. John's
River Water Management District reflects potential dangers to the public health,
safety and general welfare caused primarily by the use of inadequate septic
tanks in an area of concentrated density with a very high Nater table. These
conditions require implementation of a special ranager-ent program directed
toward construction of a central wastewater facility to promote the health,
safety and general welfare of the residents and visitors to the area. There-
fore, the Zoning Code shall be amended to incorporate appropriate regulatory
measures to abate continued deterioration of water quality. The land management
program shall address the following:
(1) Central Wastewater Facilities. A central wastewater system is desired
since on-site wastewater disposal is inappropriate due to: (a)
Inability of small lots to accornrodate on-site waste disposal; (b)
Existing flood elevations present an unusually hazardous condition;
and (c) The high water table and flood hazard severely restricts the
efficiency of existing on-site wastewater disposal tanks and drain
fields.
(2) Central Water System. A central water system should be developed in
the event a central wastewater facility is not feasible.
(3) Design Considerations. The land management program shall incorporate
regulations governing minimum floor elevation, maximum building
coverage, and preservation of open space. Any future development or
redevelopment within the area will conform to design criteria directed
toward minimizing flood damage potential and reducing the overall
polluting effects of development on the water quality of adjacent
canals in the Blue Cypress Lake.
(4 ) Land Use and Density. Appropriate land use controls shall be drafted
in order to assure that neither the density nor intensity of develop-
ment within the Blue Cypress Improvement District is increased.
Development or redevelopment shall be restricted to single family
dwelling units, approved accessory structures, and shall expressly
exclude nonresidential uses, including hotels or motels. The dwelling
unit mix may include both conventional single family dwelling units as
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ORDINA V 1. 85-54 c:
well as mobile homes meeting performance standards of the Zoning
Code.
SECTION 2
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the Board of County Commis-
sioners of Indian River County, Florida which conflict with the provisions of
this ordinance are hereby repealed to the extent of such conflict. All Special
Acts of the legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict.
SECTION 3
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated into the County Code and
the word "ordinance" may be changed to "section", "article", or other appropri-
ate word, and the sections of this ordinance .ray be renumbered, reserved or
relettered,to accomplish such intentions.
SECTION 4
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or Mord of this ordinance
is for any reason held to be unconstitutional, inoperative or void, such hold-
ings shall not affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without such unconstitu-
tional, invalid or inoperative part.
SECTION 5
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon receipt from the
Florida Secretary of State of Official Acknowledgement that this ordinance has
been filed with the Department of State.
Approved and adopted by the Board of County Commissioners of Indian River
County, Florida, on this 12th day of .Tune 1985.
BOARD OF Y COMMISSIONERS
OF IND N RIR COUNTY
BY.
P trick B. Ly s
Chairman
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ORDINA:' 85-54
Acknowledgment by the Department of State of the State of
Florida this 28th day of June , 1985.
Effective Date: Acknowledgment from the Department of State
received on this 8th day of Julv , 1985, at 10:00
A.M./PIW and filed in the Office of the Clerk of the Board
of County Commissioners of Indian River County, Florida.
AP
LEPROVEDGALS RM AND
FICI
BY
ary ,a denb rg
COUN Y/ATTORNEY
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