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Home My WebLink About4/11/1985 (2)r r � SPECIAL MEETING Thursday, April 11, 1985 The Board of County Commissioners of Indian River County, Florida, met in Special Session at the County Comnission Chambers, 1840 25th Street, Vero Beach, Florida, on Thursday, April 11, 1985, at 6:30 o'clock P.M. Present were Patrick B. Lyons, Chairman; Don C. Scurlock, Jr., Vice Chairman; Richard N. Bird; Margaret'C. Bowman; and William C. Wodtke, Jr. Also present were Michael J. Wright, County Administrator; Gary Brandenburg, Attorney to the Board of County Commissioners; Robert M. Keating, Planning & Development Director; Richard Shearer, Chief of Long -Range Planning; and Barbara A. Bonnah, Deputy Clerk. The Chairman called the meeting to order and Attorney Brandenburg led the Pledge of Allegiance to the Flag. RESIDENTIAL ZONING CONVERSION TABLE The hour of 6:30 o'clock P.M. having pa-ssed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: APR 111985 BOOK PrG, r.555 AFK. _1.1._:19$5 -%-". a000.VorOGMM.Fla BOOK ..F'.�E RIVER COUNTY - N FLORIDA SUBJECT- PROPERTY UN -SHADED AREA 47, `,� , •�, t. r v ••a..�' 7=tea CI 1 b ver. ewr,.wbwe.brewlwN M waw,r.r . �it'd -Y 'I f'lif�.a +11 -ii v•1 1•e•i �.W�C{!s}. `fit �� 41. J ZaIfiO j (ecaXan Tawoidp 315. Rmq, 39E ' .RVA 31S. � . 7. RM,6 t -�•r- /'. . 335, 3398 39E X. 333. .335. 39E 39E RAUFS Mab . • 33S, 39E �'• J J 'y'� �: 391 3 N/ O •• P• 39E IOW - f•:it _. 33S, . - 318. O 1004a OF U01,110. 33S, 4011 L ` a NVTIGE OF ZVN IVC ..,-C1ai/4NGE - - •--•--`r "x. -..y,.....) - -47.1 t,Q' t _ _ 1( '..'. -+ - `c; 0 : ;a: 1 :_ ..-•-a•?..-`Y .__aa=py+..�4;4�1.w-..,.. Tle Radom d R18m Rfior Cw.P pepr. 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D ON THE AMENO NEW TO THE COUNR"5 ZONING ATLAS BY CONVERTING THE RESMENTIAI DISTRICTS DaKT® ON THE AIUIS TO NEW WTRlf:TS DESCRIBWIN APPENDR A OF THE CODE - R•1 - 1 ..t a - - [•1 ' OF LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, W ACCORDANCE WIIH THE COMITY'S COMPREIG NSRIE LAND USE RANI FOR E1�CMONS TO THE CONVOSION TAIRE, REPEALING SECTION S. ME, • • . MAP t &IMP .. 3 SCTIONPROVIDING COUNTRY ESTATE DISTRICT.. SECTION 6, R -IAA, SINGLE-FAMILY OWMa, SECTION 7, R -IA. SDNGLEfAMILY DISTRICT, SECTION 8. Q-1, SRNOIE• WIMP -. FAMILY DBTRILT,SECTgN 9,R•1W, MIiTVLEFAMIY OISTRICF, SEC710N 10.Rd,MIE,TIPIEFAM[YOISIRICT,SECTTON .- LOA, R3A. MULTPLE-FAMILY DISTRICT. SECTION 105, R3S, ML[T{R6JAMILY DISTRICT, SECTION IOC, R•]C. ALIILTPIB SECTION FAMILY DISTRICT. SECTION lm. R -]D. AVATPLE.FAMMY OISTba. SECTION 11. R Ak RETIREMENT _ "�- .R•IMP ' S,dbn ] li. R3, OMTMa . SECTION DISTRICT. SECTION 13, R-IPAL. PEPAwaff mOSU! HOME SUSDIVISION DISTRICT, Rd,R-2C 3 _ 11, R -IMP, MOIRE HOME PARK DISTRICT. 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FTaidp. w0 .d ■now a✓r •IwwL Io Chief Planner Richard Shearer reviewed the following staff recommendation: TO: The Honorable Members DATE: April 3, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: RESIDENTIAL ZONING Robert M. Keating6FAICP CONVERSION TABLE Planning & Development Director FROM: RicShearer, AICP REFERENCES: Residential Zoning Chief, Long -Range Planning RICH2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their special meeting of April 11, 1985. DESCRIPTION & CONDITIONS The Planning Department has prepared an ordinance to convert the existing residential zoning districts depicted on the County's Zoning Atlas to the new residential zoning districts adopted by the Board of County Commissioners on January 16, 1985. In addition, this ordinance repeals the seventeen old residential zoning districts which will no longer appear on the zoning atlas. On March 14, 1985, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of this request. On March 28, 1985, the Board of County Commissioners held the first of two required public hearings on this request. ALTERNATIVES & ANALYSIS The Planning Department has done a detailed analysis of the County's Zoning Atlas and prepared the conversion table to convert the old zoning districts to the new zoning districts based on the existing zoning and the Comprehensive Plan. All of the proposed changes are consistent with the Comprehensive Plan. A list of exceptions to the conversion table is included to provide appropriate zoning for parcels which may not be rezoned in accordance with the land use plan but are otherwise in conformance with the plan. These parcels include lands that were lawful conforming uses when the Plan was adopted and so are considered in conformance with the Plan. The ordinance also repeals the seventeen old residential zoning districts which will no longer appear on the Zoning Atlas. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends that the Board of County Commissioners adopt the attached ordinance to convert the old zoning districts on the Zoning Atlas to the new zoning districts adopted on January 16, 1985, and repeal the old residential zoning districts. BooK 60 s, ,� 557 L_ APR 111985 F_ APR 11 1985 BOOK 60 Pt F. 558 Mr. Shearer explained that this is the third public hearing on the proposed comprehensive rezoning of the residential zoning districts in the County to assign the new residential zoning districts adopted in January, 1985. The first public hearing was held on March 14, 1985 by the Planning & Zoning Commission and the second was held on March 28, 1985 by the Board of County Commissioners. Mr. Shearer noted that some of the parameters used to come up with the conversion tables and list of exceptions include the existing zoning, use, and land use designation of the property." Chairman Lyons explained to those in attendance that the Comprehensive Land Use Plan adopted in January, 1982 states that any development has to be consistent with the Comprehensive Land Use Plan according to State statutes. If this ordinance is adopted tonight, all residential districts will be in conformance with the Plan and property owners no longer will have to worry whether or not their property is in conformance. It may not permit the maximum development allowed by the Comp Plan, but it will be in conformance. An example of that situation would be where an area is designated as MD -1, 8 units per acre, but the new zoning may be at 6 or even less. If property is presently zoned single family district, it will have a single family zoning district under the new zoning. If it is multiple family zoning, it will have multiple family zoning under the new zoning. The densities will be consistent with the Land Use Plan. Generally, staff was able to convert most of the zoning in the County with the conversion table which sets out the existing zoning districts from the old zoning districts. Mr. Shearer noted that if property is zoned R-1, allowing 6 units per acre, and the land use -designation is LD -2, which is up to 6 units per acre, the new zoning will be RS -6, which is a residential family district at 6 units per acre. Mr. Shearer felt these new zoning districts will be easier to understand because they are set up with a RS category for residential family and the following designations of 4 W 1, 3 or 6 refers to the number of units allowed. The mobile home districts will have RMH-6. He listed the exceptions that were necessary in order to come into conformance with the Land Use Plan. Mr. Shearer pointed out a few typographical errors contained the conversion table; the correct version is shown below: RESIDENTIAL ZONING CONVERSION TABLE n Old New Zoning Land Use Zoning District(s) Designation(s) District R-lE LD-1,LD-2,MD-1,RR-1 RS -1 R-1,R-lA,R-lAA LD -1 RS -3 R-1,R-lA,R-lAA LD-2,U.S.1 MXD,MD-1, Oslo Road MXD, Gifford MXD RS -6 R-1,R-lA MD -2, Env. Sensitive:- RS -1 R-1 RR -1 RFD R -2A LD-2,MD-1,Gifford MXD, U.S.1 MXD RM -4 R -2D All RM -6 R -1,R-3 RR -2 RS -1 R -2,R-3 LD -1 RS -3 R -3A LD -1 RM -3 R-3A,R-1RM,R-1MP LD -2 RM -6 R -2,R -3,R -2B LD-2,MD-1,U.S.1 MXD RM -6 R -3A MD -1 RM -8 R -2,R -2C MD-2,Gifford MXD RM -10 R-1ME,R-1MP,R-lPM U.S.1 MXD RMH-6 R-1PM,R-1TM,R-2, R-lA,R-lE AG A-1 R-1RM,R-1MP,R-1PM, R-1ME Gifford MXD,MD-1 RMH-8 R -2W All RM -10 R-lTM - U.S.1 MXD,Comm/Ind Nodes CRVP R -2B MD -2 RM -8 R -2A LD -1 RM -3 Mr. Shearer advised -that the ordinance is pretty much the way the Commissioners reviewed it two weeks ago at the last Public Hearing; staff has incorporated some language recommended by the County Attorney and reference to any industrial or commercial zoning districts has been deleted. Chairman Lyons opened the Public Hearing and asked if anyone - wished to be heard in this matter. Dale Sorenson expressed concern that the overall comprehensive rezoning would not give consideration to specific 5 APR 1119BOOK Fa; APR 1�� BOOK 6,0 F,,cr, 500 areas of transition, especially the area out SR -60 where part of his property is presently zoned R-3. Under the Comprehensive land Use Plan, the MD -1 allows up to 8 units per acre and he understood that this would be zoned RM -6, which allows only 6 units per acre. He noted that the Commission is allowing more commercial zoning out that way and felt that this is putting a limitation on the property that he owns, as well as other owners in that area. He felt MD -1, which allows up to 8 units per acre, was more realistic in that area of transition. He further understood that a rezoning application has been submitted for a small commercial node on property located right across the highway from his property. Mr. Sorenson asked that the Board also consider the property owners who have contributed to the SR -60 assessments for water and sewer improvements. He explained that Mr. Shearer had advised him verbally that when this area is ready to be developed, he could come in and request a rezoning. Mr. Sorenson believed that many people in the County were not aware of this mass rezoning and again urged the Board to give consideration to the SR -60 area and other areas situated on a major thoroughfare or being in a state of transition. Commissioner Scurlock believed that the Board realizes that some problems would be encountered in such a massive task, such as the area out SR -60. He, personally, felt if these areas are identified as unique, that it was the County's responsibility to initiate the action, rather than make the applicant go to the time and expense to have his property rezoned in order to use it. Chairman Lyons agreed. Mr. Shearer stated that if staff found they had make a mistake, they would be willing to go back and initiate a rezoning. In regard to this particular area, the reason staff chose multiple family for 6 units per acre along SR -60 was due to the many requests for multiple family; staff felt 6 units per acre was clear County policy and wanted to continue it. He realized that conditions out in that area have changed somewhat 6 and will be changing even more in the future, and once we get water and sewer out there, it may be more appropriate to comprehensively rezone an entire quarter. Commissioner Wodtke was concerned that water and sewer taps out that corridor might have been figured at 8 units per acre, and Commissioner Scurlock explained that there was no consistent approach from property to property on how taps were reserved. Attorney Brandenburg advised that there is a provision for returning those taps; it is a revolving list and the individuals are refunded the amount they initially paid for the tap when there is someone else to buy it. When the County set up those reservations, we were very careful to assure that no one thought that by reserving a certain number of taps that they would ever be guaranteed that number of units or the zoning to go with the units. All the documents reflect that and all the individuals involved knew that up front. Mr. Sorenson pointed out that when the Land Use Plan was formulated and this particular area was designated MD -1, it gave them some flexibility because they could always come in and request zoning to allow densities of 8, 7, or 6, but this will remove some of that flexibility. Commissioner Bird believed that in that particular area where there is predominantly residential use on commercially zoned property, it is most likely that staff will come back and recommend that property be rezoned to a residential type of zoning which will put everybody in conformity. W. R. Broocke of Winter Beach stated that a number of his friends live between Old Dixie and U.S. #1 and understand that under the existing plans they would not be able to rebuild if one of their homes burned down because of the commercial zoning. Director Keating confirmed that any residential properties located within a commercially zoned area are considered non- conforming uses and cannot be rebuilt if they are burned down. He noted, however, that even though these residential uses are 7 BOOK N' G;F, 5 61 1 APR 11 1985 soonI Al)E 5D4 grandfathered in, they have been considered non -conforming for years. Commissioner Scurlock stressed that tonight's action will not affect any commercial zoning; all non-residential zoning will be addressed in other public hearings in the near future. Mr. Broocke asked if the owners of these properties would have to come in and individually request rezoning in order to conform to the Land Use Plan. Mr. Shearer advised that the County is going to look at the entire U.S. #1 corridor as staff has received many inquiries from residents in Wabasso. Commissioner Bird felt the Board realizes that the U.S. #1 corridor would be the toughest area to rezone and that some people are bound to be unhappy, but we are going to do the best job we can. Commissioner Wodtke advised Mr. Broocke to meet with his neighbors on this matter and get their input back to staff as he felt that perhaps many of their concerns could be addressed before the public hearings for the non-residential districts begin. Frank DeJoia of Roseland asked about the area in Roseland between the Sebastian River and Roseland Road which has a designation of RR -2 allowing a maximum of I unit per acre. Staff had advised him that two or three areas within this zone were divided sometime ago into smaller parcels and staff was considering rezoning these to RS -3 instead of RS -1. He wondered how that could be done without changing the land use because he didn't feel the RS -3 is compatible with the RR -2. Mr. Shearer explained that this was something that came up when the Board considered two Comp Plan amendments a few weeks ago, the two being the Edmonds' & Snokes' requests. Because of that analysis staff found that Sunnyfield Subdivision and another in Lot 31 of Section 22 of Fleming Grant both had a number of parcels which were less than an acre in size and zoned R-2, which 8 r were lawful uses when the Comp Plan was adopted. Those were added to the List of Exceptions after the last Public Hearing of March 28, 1985 and are incorporated in the proposed Ordinance. Commissioner Bird asked if we had to amend the Comp Plan to allow us to exceed the maximum allowable densities on those two parcels, and Mr. Shearer advised that we did not as those were pre-existing conditions and were lawfully conforming uses when the plan was adopted in 1982. Mr. DeJoia also inquired whether the remaining portion of a L-shaped parcel of land in the A.A. Berry Subdivision in Roseland would be rezoned to 4 units per acre. Mr. Shearer explained that the property to which Mr. DeJoia Is referring is adjacent to property Mr. DeJoia owns. His property is R -2A, which will be converted to the RM -4 land use designation. There is some R-3 zoned property around Mr. DeJoia's property and, generally, the conversion table would convert that to RM -6, based on the R3 zoning and the LD -1 land use designation. However, this is something that staff did not look at specifically when they set up the tables and no provision was made for an exception. It is an area that would become RM -6 if the Ordinance is adopted tonight. If the Board feels that it should be RM -4, staff will initiate a County rezoning. The area around it is primarily LD -1 on three sides and MD -1 further to the South. Mr. DeJoia noted that they were using that as a buffer zone between single family and felt that 6 units per acre would be too high in that area. The Commissioners agreed that they did not want the densities to be any higher than necessary in that area. Mr. Shearer recommended that the proposed Ordinance be adopted this evening and that staff be instructed to do an immediate County initiated rezoning to 4 units per acre on the remaining portion of the L-shaped property in Roseland. The Commissioners agreed. rJ APR 111985 BOOK 60 PAGE 563 APR 111985 BOOK , cl 5 Rene VanDeVoorde understood that the Board has made an exception for Sunnyfield Subdivision, and Mr. Shearer confirmed that it was listed as an exception at the last public hearing and is going to RS -3, which is 3 units per acre. Brenda Sistler expressed concern about the many homes which will be affected under this ordinance and even more under the commercial/industrial rezoning ordinance to come in the future. She noted that there are many homes in Winter Beach which were in existence long before there were any zoning ordinances and wanted that to be taken under consideration. She stated that she will be in attendance at the public hearings for the commercial/ - industrial comprehensive rezoning. Director Keating advised that when we get to the commercial/industrial rezonings, staff will have to do extensive analyses and address individually the many areas where there are mixtures of uses, such as in Winter Beach, Roseland, and along the U.S. #1 corridor. He stated that nothing will be done in haste as it is going to involve more detail and is going to be significantly more difficult than rezoning the residential districts. Chester Clem asked to have a typographical error verified, and Mr. Shearer stated that had been corrected. Rosemary Hand, resident of Wabasso, was assured that only residentially -zoned property would be affected tonight, and was advised to attend the public hearings for the commercial/ industrial rezonings. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird,.the Board unanimously closed the Public Hearing. 10 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously adopted Ordinance 85-37, with the modifications noted by staff, providing for a comprehensive amendment to the County's Zoning Atlas by -converting the residential districts depicted on the Atlas to new districts described in Appendix A of the Zoning Code in accordance with the County's Comprehensive Land Use Plan. APR 111985 L_ 11 BOOK UE56 APR 11 1995 BOOK 60 PACE566 ORDINANCE #85-37 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR A COMPREHENSIVE AMENDMENT TO*THE COUNTY'S ZONING ATLAS BY CONVERTING THE RESIDENTIAL DISTRICTS DEPICTED ON THE ATLAS TO NEW DISTRICTS DESCRIBED IN APPENDIX A OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, IN ACCORDANCE WITH THE COUNTY'S COMPREHENSIVE LAND USE PLAN; PROVIDING _FOR EXCEPTIONS TO THE CONVERSION TABLE; REPEALING SECTION 5, R-lE, COUNTRY ESTATE DISTRICT, SECTION 6, R-lAA, SINGLE-FAMILY DISTRICT, SECTION 7, R -1A, SINGLE-FAMILY DISTRICT, SECTION 8, R-1, SINGLE- FAMILY DISTRICT, SECTION 9, R -2W, MULTIPLE -FAMILY DISTRICT, SECTION 10, R-2, MULTIPLE -FAMILY DIS- TRICT, SECTION 10A, R -2A, MULTIPLE -FAMILY DIS- TRICT, SECTION 10B, R -2B, MULTIPLE -FAMILY DIS- TRICT, SECTION 10C, R -2C, MULTIPLE -FAMILY DIS- TRICT, SECTION 10D, R -2D, MULTIPLE -FAMILY DIS- TRICT, SECTION 11, R -3A, RETIREMENT DISTRICT, SECTION 12, R-3, MULTIPLE -DWELLING DISTRICT, SECTION 13, R-1PM, PERMANENT MOBILE HOME SUBDI- VISION DISTRICT, SECTION 14, R-1MP, MOBILE HOME PARK DISTRICT, SECTION 15, R-1TM, TRANSIENT MOBILE HOME DISTRICT, SECTION 16, R-1ME, MOBILE HOME ESTATE DISTRICT, AND SECTION 17, R-1RM, RESI- DENCE -MOBILE HOME DISTRICT; AND PROVIDING -FOR CODIFICATION; SEVERABILITY; REPEAL OF CONFLICT- ING PROVISIONS; AND EFFECTIVE DATE. WHEREAS, The Board of County Commissioners of Indian River County has adopted a Comprehensive Land Use Plan, Ordinance #82-21, pursuant to Florida Statute 163; and WHEREAS, Florida Statute 163 requires that all future de- velopment be consistent with the County's adopted Comprehensive Land Use Plan; and WHEREAS, the existing zoning of many areas of the County is not in conformance with the County's adopted Comprehensive Land Use Plan; and WHEREAS, on January 16, 1985, the Board of County Commis- sioners adopted fourteen new residential zoning districts to specifically implement.the provisions of the County's adopted Comprehensive Land Use Plan; and WHEREAS, a table has been prepared to convert the existing residential zoning districts depicted on the zoning atlas to the new residential zoning districts; and WHEREAS, certain exceptions to the general conversions are necessary to assign the appropriate zoning districts to properties which contained lawfully conforming uses when the 12 L� Comprehensive Plan was adopted or have been determined by the Board of County Commissioners to be in conformance with the Comprehensive Plan; and WHEREAS, after the conversion table is adopted, seventeen residential zoning districts will no longer appear on the County's Zoning Atlas; and WHEREAS, the Board of County Commissioners wishes to repeal seventeen residential zoning districts which will no longer appear on the County's Zoning Atlas; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida: SECTION 1 All properties lying in unincorporated Indian River County which have any of the "old zoning district" classifications listed in the below table are hereby rezoned to the corresponding "new zoning district" classifications listed below, as determined by reference in such table to the existing land use designation for such properties. Appropriate and necessary revisions to. the County Zoning Atlas to reflect such rezoning are hereby authorized and approved. RESIDENTIAL ZONING CONVERSION TABLE Old Zoning District(s) R-lE R-1,R-lA,R-lAA R-1,R-lA,R-lAA R-1,R-lA R-1 R -2A R -2D R -1,R-3 R -2,R-3 R -3A R-3A,R-1RM,R-lMP R -2,R -3,R -2B R -3A R -2,R -2C R-1ME,R-1MP,R-1PM R-1PM,R-1TM,R-2, R-lA,R-lE R-1RM,R-1MP,R-1PM, R-lME R -2W R-lTM R -2B R -2A AG A-1 Gifford MXD,MD-1 RMH-8 All RM -10 U.S.1 MXD,Comm/Ind Nodes CRVP MD -2 RM -8 LD -1 RM -3 13 BOOK 60 N �E 567 New Land Use Zoning Designation(s) District LD-1,LD-2,MD-1,RR-1 RS -1 LD -1 RS -3 LD-2,U.S.1 MXD,MD-1, Oslo Road MXD, Gifford MXD RS -6 MD -2, Env. Sensitive RS -1 RR -1 RFD LD-2,MD-1,Gifford MXD, U.S.1 MXD RM -4 All RM -6 RR -2 RS -1 LD -1 RS -3 LD -1 RM -3 LD -2 RM -6 LD-2,MD-1,U.S.1 MXD RM -6 MD -1 RM -8 MD-2,Gifford MXD RM -10 U.S.1 MXD RMH-6 AG A-1 Gifford MXD,MD-1 RMH-8 All RM -10 U.S.1 MXD,Comm/Ind Nodes CRVP MD -2 RM -8 LD -1 RM -3 13 BOOK 60 N �E 567 SECTION 2 BOOK 0 FVGE 568 The County's Comprehensive Plan states that it was not the intent of the Board of County Commissioners to create nonconforming uses by the adoption of the Plan. All lawful, conforming uses in existence at the date of Plan adoption shall be considered consistent with the Plan. In addition, projects that had received site plan approval or subdivision plat approval at the date of the adoption of the Plan shall be considered in conformance with the Plan. Notwithstanding anything to the contrary in Section One, the following specifically identified properties are hereby re- zoned from their existing "old zoning district" classifications to the "new zoning district" classifications listed below for each such property. The Board determines that each such -re- zoning is consistent with the Comprehensive Plan, based on the above provision of the Plan, regardless of the current land use designation depicted on the Land Use Map for such properties, and appropriate changes to the County Zoning Atlas are hereby authorized and approved to reflect such rezonings. Old Zoning Location Government Lot #4 R -2B Section 8, Township 31S, Range 39E R -2B 17, 31S, 39E R-lMP 22, 32S, 39E R-lMP 31 32S, 39E R-2 4, 33S, 39E R-lMP 6, 33S, 39E R -2A 12, 33S, 39E R -2B 13, 33S, 39E R-lE 17, 33S, 39E R-1 17, 33S, 39E R-1 18, 33S, 39E R-lMP 22, 33S, 39E R-lMP 26, 33S, 39E R-lMP 17, 31S, 39E Nh of NE4 R-lMP Section 20, Township 31S, Range 39E R -2,R -2C 27, 33S, 40E R-lC,R-3 28, 33S, 40E R -2B 21, 33S, 40E Government Lot #7 R-lA Section 19, Township 33S, Range 40E R-1MP 30, 33S, 40E R-lMP 31, 33S, 40E 14 New Zoning RM -8 RM -8 RMH-8 RMH-8 RS -6 RMH-8 RM -6 RM -8 RFD RS -3 RFD RMH-6 RMH-8 CRVP CRVP RM -10 RM -10 RM -8 RS -6 RMH-8 RMH-8 NA, of SWC R-1 Section 12, Township 33S, Range 39E RM -6 NES of R -2D Section 3, Township 33S, Range 38E RM -8 R-3 32, 32S, 39E RM -8 R -2B 36, 30S, 38E RM -8 R -2B 31, 30S, 39E RM -8 R-lA 24, 32S, 39E RS -1 R-lA 25, 32S, 39E RS -1 Government Lot #6 R-2 Section 23, Township'31S, Range 39E RS -6 Lot 31 R-1 Section 22, Fleming Grant RS -3 Lots 1-7, Inclusive R-1 Sunnyfield Subdivision RS -3 The following Sections of Appendix A, Zoning, of the Code of Laws and Ordinances, also know as Ordinance 71-3, as amended, are hereby repealed in their entirety: Section 51 R-lE Country Estate District; Section 6, R-lAA Single -Family District; Section 7, R-lA Single -Family District; Section 8, R-1 Single -Family District; Section 91 R -2W Multiple -Family Waterfront District; Section 10, R-2 Multiple -Family District; Section 10A, R -2A Multiple -Family District; Section 10B, R -2B Multiple -Family District; Section 10C, R-2C.Multiple-Family District; Section 10D, R -2D Multiple -Family District; Section 11, R -3A Retirement District; Section 12, R-3 Multiple -Dwelling District; Section 13, -R-lPM Permanent Mobile Home Subdivision District; Section 14, R-1MP Mobile Home Park District; Section 15, R-lTM Transient Mobile Home District; Section 16, R-lME Mobile Home Estate District; and Section 17, R-lRM Residence -Mobile Home District. REPEAL 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. 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. 15 BOOK 0 , ,SIE 569 L CW0MTnM C INCORPORATION IN CODE BOOK C0 PDGF 5 0 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 SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitu- tional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part, with the exception that should the application of the "new districts" to any property be held unconstitutional, inoperative or void, then such property shall be considered zoned under the "old district" applicable to the property as of the date of adoption of this ordinance. SECTION 7 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment 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 11th day of April 1985. BOARD OF Y COMMISSIONERS OF IND IVER COUNTY BY PATRICK B. NS Chairman Acknowledgment of the Department of State of the State of Florida this 18th day of April , 1985. Effective Date: Acknowledgment from the Department of State received on this 22nd day of April , 1985, at 11:00 A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS -T(5 -,.FORM AND LEGAL SUFFICIENCY. r , County Attorney There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 7:10 o'clock P.M. ATTEST: ,QAa, Clerk 17 APR 111985 Boa 60 ,E571