HomeMy WebLinkAbout7/24/1985Wednesday, July 24, 1985
The Board of County Commissioners of Indian River County,
Florida, met in Regular Session at the County Commission
Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday,
July 24, 1985, at 9:00 o'clock A.M. Present were Don C.
Scurlock, Jr., Vice Chairman; Richard N. Bird; Margaret C.
Bowman; and William C. Wodtke, Jr. Absent was Chairman Patrick
B. Lyons, who was out of state recuperating from surgery. Also
present were Michael J. Wright, County Administrator; L. S.
"Tommy" Thomas, Intergovernmental Relations Director; Charles P.
Vitunac, Attorney to the Board of County Commissioners; Jeffrey
K. Barton, OMB Director; and Virginia Hargreaves, Deputy Clerk.
Vice Chairman Scurlock, acting as Chairman in the absence of
Commissioner Lyons, called the meeting -to order, and Administra-
tor Wright led the Pledge of Allegiance to the Flag.
ADDITIONS TO AGENDA/EMERGENCY ITEMS
Administrator Wright informed the Board that if the
following three items could be added to today's agenda, he would
then recommend canceling next week's meeting.
1) A budget amendment re radar units for the Highway Patrol
2) A deductive Change Order for Caldwell Tanks
3) Comment on DER/DNR Permit Application - Stephanz
Some discussion followed as to including these items on the
Consent Agenda as Items G, H, and 1. Commissioner Bird stated
he felt there should be some discussion on each item so he would
ask that they be removed from the Consent Agenda when it came up.
ON MOTION by Commissioner Wodtke, SECONDED by Com-
missioner Bowman, Chairman Lyons being absent, the
Board unanimously (4-0) added the -above items to
today's agenda as requested by the Administrator and
agreed to cancel the meeting scheduled for July 31st.
U.r,, 596
BOOK _�. C����C P s
JUL 24 1985
JUL 24 1985
APPROVAL OF MINUTES
BOOK 61 PA,cL 5 9 7
The Vice Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of June 26,
1985.
Commissioner Bowman noted that on Page 29, Quay Dock Road is
incorrectly written as Quaydock Road, and she felt this should be
corrected since it is a road of historical significance.
The above correction having been made, ON MOTION
by Commissioner Wodtke,.SECONDED by Commissioner
Bowman, the Board unanimously (4-0) approved the
Minutes of the Regular Meeting of June 26, 1985,
as written.
The Vice Chairman asked if there were any additions or
corrections to the Minutes of the Special Meeting of July 5,
1985. There were none.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
approved the Minutes of the Special Meeting of
July 5, 19850 as written.
CLERK TO THE BOARD
A. Pistol Permit Renewals
The Board reviewed memo of the Administrator, as follows:
2
TO: The Honorable Members of DATE: July 9, 1985 FILE:
..the Board of County Commissioners
FROM: Michael Wright
County Administrator
SUBJECT: Pistol Permit Renewals
REFERENCES:
The following have applied to the Clerk's office for renewal
of their pistol permits:
Margaret M. Madsen
Ritter Van Cyphers, Jr.
Calvin B. Holland, Sr.
All requirements of the ordinance have been met.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
approved issuance of renewal pistol permits to
the following:
CONSENT AGENDA
Margaret M. Madsen
Ritter Van Cyphers, Jr.
Calvin B. Holland, Sr.
Commissioner Bird requested that the added Items G, H and I,
be removed from the Consent Agenda for discussion.
A. Release of Assessment Liens - Vista Plantation
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Wodtke, the Board unanimously (4-0)
approved Release of Assessment Liens for 12 ERIJs
each of SR 60 water for Building No. 6 and
Building No. 8, Vista Plantation and authorized
the signature of the Vice Chairman.
3
JUL 24 1985
BOOK 1 ft EE 598
JUL 24 1985
BOOK 61 PAGE 599
State Road 60 Water Project
RELEASE OF ASSESSMENT LIEN
For and in consideration of the sum of $11,645.40,
plus interest and costs, RECEIVED from VISTA PROPERTIES OF VERO
BEACH, INC., in hand this day paid, the receipt of which is
hereby acknowledged, INDIAN RIVER COUNTY, FLORIDA, (the
"County") hereby releases the property hereinafter described from a
certain special assessment lien recorded by the County in its
Official Records, Book
0691,
Page 0077,
for a special assessment in
the amount of $970.45
per
equivalent
residential unit reserved,
plus accrued interest at
the
rate of ten
percent (10%) per annum,
levied in accordance with
the
provisions
of Ordinance No. 83-46 of
the County, as amended,
and
Resolution
No. 84-47 of the Board of
County Commissioners of the County; and hereby declares such
special assessment lien fully satisfied. The property, located in
Indian River County, is more fully described as follows:
Building No. 6 of V_1STA PLANTATION,
according to the Declaration of Condominium,
recorded in O. R. Book 699, Page 1817,
Public Records of Indian River County, Florida.
Executed by the Vice Chairman of the Board of County
Commissioners of Indian River County, Florida, and attested and
countersigned by the Clerk of such Board, all as of this 24th day
July 1985.
Attested and. countersigned:
r 1 .
Freda Wright,. Cl g rk
4
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By (::�
Don C. Scurlock, Jr
Vice Chairman
State Road 60 Water Project
RELEASE OF ASSESSMENT LIEN
For and in consideration of the sum of $11,645.40,
plus interest and costs, RECEIVED from VISTA PROPERTIES OF VERO
BEACH, INC., in hand this day paid, the receipt of which is
hereby acknowledged, INDIAN RIVER COUNTY, FLORIDA, (the
"County") hereby releases the property hereinafter described from a
certain special assessment lien recorded by the County in its
Official Records, Book 0691, Page, 0077, for a special assessment in
the amount of $970.45 per equivalent residential unit reserved,
plus accrued interest at the rate of ten percent (10%) per annum,
levied in accordance with the provisions of Ordinance No. 83-46 of
the County, as amended, and Resolution No. 84-47 of the Board of
County Commissioners of the County; and hereby declares such
special assessment lien fully satisfied. The property, located in
Indian River County, is more fully described as follows:
Building No. 8 of VISTA PLANTATION,
according to the Declaration of Condominium,
recorded in O. R. Book 699, Page -1817,
Public Records of Indian River County, Florida.
Executed by the Vice Chairman of the Board of County
Commissioners of Indian River County, Florida, and attested and
countersigned by the Clerk of such Board, all as of this 24th day
July 1985.
Attested and countersigned: BOARD OF COUNTY COMMISSIONERS
1;
INDIAN RIVER COUNTY, FLOR DA
Freda ,.Wright, Cle/ By / G
Don . Scurlock, Jr.
Vice Chairman
5
BOOK 61 u, 69®
JUL 24 1985
•
500K PAGE 601
B. Consent to Assignment of License Agreement - WAXE
The Board reviewed letter written to Attorney Brandenburg by
Attorney Fennell, as follows:
LAW OFFICES OF
GOULD. COOKSEY, FENNELL, APPLEBY. BARKETT & O'NEILL
PROFESSIONAL ASSOCIATION
JOHN R. GOULD
BYRON T. COOKSEY
bARRELL FENNELL
FRANK M. APPLEBY
LAWRENCE A. SARKETT
EUGENE J. O'NEILL*+
MICHAEL J. HANLEY
CHRISTOPHER H. MARINE
Mr. Gary Brandenburg
County At
Indian River -County
_ 1840 25th Street
Vero Beach, FL 32960
Dear Gary:
979 SEACHLAND BOULEVARD
VERO BEACH. FLORIDA 32963
TELEPHONE (305) 231-1100
ADMITTED IN MASSACHUSETTS
AND FLORIDA
t
FLORIDA BAR BOARD CERTIFIED
CIVIL TRIAL LAWYER
OUR FILE NO
I represent Shargo, Inc., a Florida corporation, which is
the licensee under a license granted by Indian River County
dated September 15, 1982, a copy of which is enclosed. Shargo,
Inc. has entered into a contract to sell Radio Station WAXE and
certain of its assets including the assignment of the above
referenced license. I note from paragraph 4 of the agreement
that any assignment is subject to prior approval of the Board
of County Commissioners which approval is not to be unreasonably
withheld. The purchase price is being paid in cash by the buyer
and all of the assets will be transferred free and clear of any
liens and encumbrances. Accordingly, the buyer is a corporation
of substance and I know of no reason why the county would not
consent to the assignment.
I have taken the liberty of preparing a Consent to Assign-
ment and enclose the original and two copies for your review.
I will be glad to attend any meeting of the Board of County
Commissioners to consider this matter if either you or the
Commissioners deems this necessary. Further, I will_b.e happy
to provide any additional information you may require.
The closing of the sale is contingent upon Federal
Communications Commission approval of the transfer and assign-
ment of the broadcast license. We anticipate approval within
thirty or forty days and closing within forty-five days. One
of the strict requirements of closing is the assignment of
this license agreement with the county together with the
consent as required.
I appreciate your attention to this matter and if this
is required to be placed on the agenda of the County Commission,
I would appreciate your doing so as early as possible and letting
me know the date when it will be heard.
erely yours,
Darrell Fe-nnell
6
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Wodtke, the Board unanimously (4-0)
approved Consent to Assignment of the license
of Shargo, Inc., to Palm Coast Communications,
Inc. and authorized the signature of the Vice
Chairman.
CONSENT TO ASSIGNMENT
WHEREAS, INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, as Grantor, and SHARGO, INC., a Florida corpora-
tion, as Licensee, entered into a certain agreement dated September
15, 1982, for a non-exclusive license to use certain real property
in Indian River County, Florida, for a term of twenty (20) years
commencing on the date set forth therein, a true and correct copy
of said agreement being attached hereto for reference, and
WHEREAS, Shargo, Inc, has entered into a contract for the
sale of Radio Station WAXE to Palm Coast Communications, Inc., a
Florida corporation, and among the assets being transferred and
assigned to said purchaser as a part of said sale is the above
described license agreement which agreement upon closing will be
assumed by said purchaser as licensee, and
WHEREAS, under the terms of said license agreement the
consent of the undersigned Grantor is required as a condition to
the assignment of same and the Grantor wishes to evidence its
consent to such assignment, and
WHEREAS, the closing of the sale of Radio Station WAXE is
contingent upon Federal Communications Commission consent and
approval.
NOW, THEREFORE, the undersigned, being the Grantor described
above, hereby consents to the assignment of said license agreement
to Palm Coast Communications,'Inc., a Florida corporation, it
being understood that the assignment of said license agreement will
not be consummated until the closing of the sale of Radio Station
WAXE by Shargo, Inc. as seller and Palm Coast Communications, Inc.
as buyer.
This consent dated this 24th day of July 1985.
INDIAN RIVER COUNTY
Alitntys
By Don C.Scurlock, ,r., ice Chairman
wip6ss .
Attest: _ , ) -
j-4
Approved as to form Fe a rright, Cert
and legal sufficiency:
Charles P. Vitunac,
7
BOOKL FOu
�� 4 1985 J
Fr JUL 24 198
BOOK
C. Bid #244 - Aluminum Blanks (Street & Road Sims)
61 PAGE 60
The Board reviewed memo and recommendation of Purchasing
Manager Goodrich:
TO: Board of County Commissioners DATE: July 12, 1985 FILE:
3,THRU Michael Wright SUBJECT: IRC BID #244 -Aluminum Blanks
f: County Administrator (Street & Road Signs)
FROM: REFERENCES:
Carolyn 99bdrich, Manager
Purchasi g Department
1.M Description and Conditions
,Bids were received Tuesday, July 9, 1985 at 71:00 A.M. for IRC #244 -Aluminum
` Blanks (Street and Road Signs) for the Traffic Engineering Department.
10 Bid Proposals were sent out. Of the 4 Bid Proposals received, 1 was a "No
1:.. Bid."
2. Alternatives and Analysis
This is an annual bid effective August 1, 1985 through September 30, 1986 to
coincide with all other annual bids.
Vulcan Sign and Stampings, Foley, Al. is the low bidder. The bid prices on all
items are lower than last years bid. Vulcan Sign has the current bid and delivery
has been good.
3. Recommendation and Funding
It is recommended that IRC BID#244 be awarded to the low bidder, Vulcan Sign &
Stampings, Foley, Al.
Funds are budgeted in Account #111-245-541-35.36. -- '
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Wodtke, the Board unanimously (4-0)
awarded Bid #244 for Aluminum Blanks for street
and road signs to Vulcan Sign and Stampings,
Foley, Al., as recommended by the Purchasing
Manager, in the amounts set out in the following
Bid Tabulation:
8
.
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
BID TABULATION
BID NO. IRC BID #24 D%ulyO��OP ING
BID TITLE ALUMINUM BLANKS
(Street & Road Signs)
ITEM DESCRIPTION
NO.
1. 30" Octagon Each
2. 3(;" Trianale "
3. 30" Penta on School "
6
55
6
50
8
07
4. 24" Pentagon Route Marker
C
25
5
72
5
•�
C)Q
Q,
Q;
`'
2
75
3
60
3.
a,
6. 30" Diamond 11
�
r v
75
10
00
9
UNIT PRICE UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRI
NB
15
6
95
7
75
8
58
19
25
60
23
U
9. 12" x 18" 111
85
3. 30" Penta on School "
6
55
6
50
8
07
4. 24" Pentagon Route Marker
4
25
5
72
5
35
5. 1811 Diamond 11
2
75
3
60
3.
38
6. 30" Diamond 11
7
75
10
00
9
37
7. 36" Diamond It11
15
14
40
13
49
8. 11 Diamond tl
19
25
60
23
U
9. 12" x 18" 111
85
2
40
2
t9A
10. 12" x 36"
3
75
4
80
4
49
11. 18" x 24"
3
75
4
80
4
49
12. 18" x 6" "
95
1
20
1
14
13. 18" x 18" "
2
75
3
60
3
38
" x 1511
2
70
1 3
481
3
28
15. 24" x 12"
2
50
3
20
3
00
16. 24" x 6"
1
25
1
60
1
49
1'.. 11
17. 24" x 811
1
65
2
12
2
00
18. 24" x 18" "
3
75
4
801
4
49
19. 24" x 24" Each
NB
4
95
6
40
5
99
20. 24" x 30" Each
21. 24" x 36" Each
7
45
9160
8
99
22. 30" x 6" Each
2
1
87
23. 30" x 8" Each
2
10
2
65
2
50
9
'JUL 24 1985 BOOK
�_ J
JUL 24 1985
D. SSI Interim Assistance Agreement - (Welfare)
BOOK 61 FADE 665
The Board reviewed memo of the Welfare Department Manager:
TO: The Honorable Board of DATE: July 12, 1985 FILE:
County Commissioners
THRU: Michael Wright
County Administrator
THRU: Jeff Barton
Director OMB
SUBJECT: Interim .Assistance
Agreement
FROM: Joanixon REFERENCES:
Welfa Department Manager
In connection with your approval of the Interim Assistance
Program on April 24, 1985 the contract has been received from
Health and Rehabilitative Service. It is required that three
copies of Appendix B be signed by the Chairman of the Board of
County Commissioners which are attached.
I would greatly appreciate these contracts being signed and
returned to me at your earliest convenience.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Wodtke, the Board unanimously (4-0)
approved Appendix B (SSI Interim Assistance Program)
and authorized the signature of the Vice Chairman.
APPENDIX B
1. It is the intent and purpose of this contract that the State shall be a
"contractual intermediary" between the Secretary and participating County.
2. Nothing contained in this contract shall create a duty upon the State,
or upon any County thereof, to provide emergency assistance, assistance or
interim assistance to any person, or to create an assistance program.
3. The County shall adopt and ratify the contract, appended hereto,
between the State and the Secretary and the County shall assume the rights,
duties and responsibilities delegated to the State set forth in Articles III,
IV, V, VI and VII of this contract, except those specified herein, and in
addition shall:
(a) As provided in Article IV, A, of the appended contract, the County
shall submit a report to the Social Security Administration on each initial
payment received from the Department of Health and Human Services within thirty
(30) days from the date the county receives such payment. A copy of this report
must be sent to the Department of Health and Rehabilitative Services, Economic
10
s r �
Services Program Office, Public Assistance, 1317 Winewood, Tallahassee, Florida
32301. The report shall reflect the name of the individual, address, Social
Security number, amount of emergency assistance, date of receipt of initial
payment, date payment to recipient, amount of the warrant received from SSI,
amount reimbursed to the individual (if SSI amount is greater than the emergency
payment, the amount disbursed by the County); and the type of assistance provided
for which reimbursement is claimed (if more than one type was provided, itemize
amount by type of assistance). The report shall be furnished on a form provided
by the Social Security Administration.
(b) The County shall maintain adequate accounting records of the
transaction referred to in paragraph (a) above. The State, or its assigns,
shall have the right to inspect and audit all records of the County regarding
payment of emergency assistance, reimbursement, hearings and all other records
material to this contract.
4. The County agrees to abide by any regulations for distribution, accoun-
ting, reporting, or hearings currently or hereafter promulgated by the State or
the Secretary.
5- The County shall pay to the State, for transmittal to the Secretary,
such amounts that the Secretary or the State, after an accounting or hearing or an
appeal as provided for in Article IV of the attached contract, determines is oamountswed
by the County. The County agrees to hold harmless the State from any
which the Secretary, after an accounting or hearing or appeal, determines is owed
by the State on behalf of said County.
6. Prior to the signing of this contract by the County and as an appendix
thereto, the County shall submit to the State the proposed procedure for
conducting a fair hearing pursuant to Article III, C, of the contract, which
procedure shall be approved by the State prior to the signing of this contract.
The procedure shall include (a) method of advising the client of the right to a
fair hearing, and (b) the procedure to be utilized by the County if the client
requests a fair hearing. The hearing procedure shall be annexed hereto as
Appendix D of this contract.
7- The County may be reimbursed for emergency assistance furnished to its
residents under the following terms and conditions:
(a) Proper and complete accounting records are maintained by the
County of each transaction.
(b) The Secretary or SSA is to be the sole authority for the
determination of the type of emergency assistance for which the County may
claim reimbursement pursuant to this contract.
8. This contract may be terminated by the State or by the County upon
thirty (30) days written notice to either party. Said contract may be
terminated with or without cause.
DATED this day of
A.D. 1985
STATE OF FLORIDA, DEPARTMENT
OF HEALTH AND REHABILITATIVE
SERVICES
Alicia C. Smith
Assistant Secretary for
Program Planning
Marshall E. Kelley,
Program Staff Director
Economic Services Program
Office
DATED this 24th day of
Y A.D. 1985
BOARD OF COUNTY COMMISSIONERS
OF Indian River COUNTY
By:
1 Chairman
Attested by: (Corporate
Seal)
Clerk, Board of Co ty Commissioners
11
BOOK �� fAGE 60 0
Fr-
JUL ', 4 1985
E. Extension of Site Plan Approval - (Shafranski)
The Board reviewed staff memo, as follows:
BOOK 61 PAGE 607
?0: The Honorable Members DATE: July 15, 1985 FILE:
i of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE
DARRELL SHAFRANSKI'S
SUBJECT: REQUEST FOR EXTENSION
Ro ert M. Keatin , ASI P OF SITE PLAN APPROVAL
Planning & Development Director
Karen M.[CravFROM: Staff Plannerer REFERENCES:
it--i.s'�"'requested that the data herein presented be given
formal consideration by the Board of County Commissioners at
their regular meeting of July 24, 1985.
DESCRIPTION & CONDITIONS
On July 26, 1984, the Planning and Zoning Commission approved
a major site plan application submitted by Darrell
Shafranski. Approval was given to construct a 5 unit con-
struction trades building on Lot 8, Dixie Commercial Park
Subdivision. The project will connect to the County water
system and utilize a private on-site septic system.
As the result of an automobile accident, Mr. Shafranski was
unable to begin construction prior to the expiration of site
plan approval. Therefore, pursuant to Section 23.1G2 Appen-
dix A of the Zoning Code, Mr. Shafranski is requesting a 1
year extension of his site plan approval.
RECOMMENDATION
Staff recommends approval of Darrell Shafranski's request for
a 1 year extension of site plan approval.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Wodtke, the Board unanimously (4-0)
granted a one year extension of site plan approval
to Darrell Shafranski as recommended by staff.
F. Release of Easement - Roseland Gardens Subdv. (Harris)
The Board reviewed memo of Code Enforcement Officer Davis:
12
T0: The Honorable Members DATE: July 17, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
t
SUBJECT.
Robert &V Keats g, IVCp
RELEASE OF EASEMENT REQUEST
BY JIM HARRIS, SUBJECT PRO-
PERTY: LOTS 6 & 7, BLOCK 3,
ROSELAND GARDENS SUBDIVI-
SION
-Planning & Development Director
FROM: Betty Das REFERENCES: R/E Harris
Code Enforcement Officer DIS:REMS
It is requested -that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 24, 1985.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Jim Harris, owner of the
subject property, for release of the side lot 5 foot easement
of Lots 6 & 7, Block 3, Roseland Gardens Subdivision. The
subject easements being described as the southeasterly 5 feet
of Lot 6, Block 3, Roseland Gardens Subdivision and .,the
northwesterly 5 feet of Lot 7, Block 3, Roseland Gardens
Subdivision. These lots are approximately 82 feet in width and
125 feet in depth. It is Mr. Harris's intention to consolidate
the lots into one large building site meeting the criteria of
the RM -6 zoning district and construct a duplex on the site.
The current zoning classification is RM -6, Multiple Family
Residential District. The land use designation is LD -2, Medium
Density Residential, up to 6 units per acre.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell, Florida Power &
Light Company, Jones Intercable, and the Utility and
Right-of-way Departments. Based upon their review, there were
no objections to release of the easements. The zoning staff
analysis, which included a site visit, showed -that drainage
would be adequately handled on-site.
RECOMMENDATION:
Staff- recommends to the Board, through adoption of a
resolution, the release of the side lot 5 foot easement of Lots
6 & 7, Block 3, 'Roseland Gardens Subdivision, being the
southeasterly 5 feet of Lot 6, Block 3, Roseland Gardens
Subdivision and the northwesterly 5 feet of Lot 7, Block 3,
Roseland Gardens Subdivision. as described in Record Book 0701,
Page 2348 of the Public Records of Indian River County,
Florida.
13
J 6 BOOK 1 N�U'E.���
rr,JUL 24 1985
BOOK 61 FAGS
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Wodtke, the Board unanimously (4-0)
adopted Resolution 85-79 approving Release of
the side lot 5' easement of Lots 6 & 7, Block 3,
Roseland Gardens Subdivision, to Jim Harris, and
authorized the signature of the Vice Chairman.
RESOLUTION NO. 85-79
WHEREAS, The Board of County Commissioners of Indian
River County, Florida, have been requested to release the side
lot 5 foot easement of Lots 6 & 7, Block 3, Roseland Gardens
Subdivision, as described in Record Book 0701, Page 2348 of the
Public Records of Indian River County, Florida.
WHEREAS, said lot line easements were dedicated on the
Roseland Gardens Subdivision for public utility purposes, and
WHEREAS, the request for such release of easements have
been submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following
lot line easements in Roseland Gardens Subdivision, Unit #1 shall
be released, abandoned and vacated as follows:
The side lot 5 foot easement of Lots 6 & 7, Block 3,
Roseland Gardens Subdivision, being the southeasterly 5
feet of Lot 6, Block 3, Roseland Gardens Subdivision
and the northwesterly 5 feet of Lot 7, Block 3,
Roseland Gardens Subdivision, as described in Record
Book 0701, Page 2348 of the Public Records of Indian
River County, Florida.
BE IT FURTHER RESOLVED that the Chairman of the Board
of County Commissioners and the Clerk of the Circuit Court be and
they hereby are authorized and directed to execute a release of
said lot line easements hereinabove referred to in form proper
for recording and placing in the Public Records of Indian River
County, Florida.
This 24th day of
14
July , 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
BY: Z
C_
Don C." Scurlock,'Jr.-;
Vice Chairman
G. Budget Amendment - Radar Units for FHP
OMB Director Barton confirmed that the four old radar units
used by the Florida Highway Patrol in Indian River County are
worn out and should be declared abandoned property.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
declared the four worn out radar units abandoned
property and approved the following budget amend-
ment as recommended by the OMB Director:
July 5, 1985
Florida Highway Patrol
ATTN: Trooper Bryan Sickman
P.O.Box 6104
Vero Beach, FL 32961
Dear Trooper Sickman,
8320 NIEMAN ROAD/LENEXA, KANSAS 66214-1510
913/492-1400
TELEX WUD (0) 437437
CABLE ADDRESS: KUSPOMLENX
Thank you for your recent request for a quotation on traffic safety
radar. Kustom Electronics is pleased to quote the following:
QUANTITY ITEM
UNIT PRICE
TOTAL
4 Kustom KR -10 SP Two -Piece $1095.00 $4380.00
Moving/Stationary Radar
4 Three'(3) Year Extended $ 395.00 $1580.00
Maintenance, for a Total
of 5 Years Parts and Labor
TOTAL
This quotation is good for 60 days.
avid r er
Manager, ds and Proposals`
15
$1490.00 $5960.00
BOOK U P'" 610
JUL 24 1985 BOOK PAG I
611
TO: Board of County Commissioners DATE: July 23, 1985 FILE:
6P
FROM: Jeffrey K. Barton,
OMB Director
SUBJECT: Budget Amendment
New Radar Units for FNP
in Indian River County
REFERENCES:
Please approve the following budget amendment for this year's budget:
Increase Decrease
001-114-521-66.49 $5,960.
001-199-581-99.91 $5-9'960.
Please declare the 4 worn-out old radar units as abandoned property.
H. Change Order #3 - Caldwell Tanks
Administrator Wright reviewed the following memo, noting
that it is self-explanatory; the Change Order simply relates to
deleting painting of the name on the water storage tank and
reducing the contract price accordingly.
TO: THE HONORABLE BOARD OF DATE:
COUNTY COMMISSIONER
THRU: TERRANCE G. PIN SUBJECT:
FROM: JOSEPHI BAIRD
A.
DESCRIPTION AND CONDITIONS
JULY 17, 1985
CHANGE'ORDER #3 FOR
CALDWELL TANKS ..
The Board of County Commissioners recently decided not to have the words
"Indian River County" painted on the Route 60 elevated storage tank. The
deletion of this item from Caldwell Tanks contract will mean a reduction in
the overall contract price of $680.00.
ALTERNATIVES
1) Approve change order #3 of Contract #1 in the amount of $680.00.
2) Disapprove change order #3 of Contract #1 in the amount of $680.00.
RECOMMENDATION
We recommend the Board of County Commissioners approve change order #3 of
Contract #1 (Caldwell Tank) in the amount of $680.00.
16
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously (4-0)
approved Contract Change Order #3, Contract #1,
Indian River County Water Project U84-1 (Caldwell
Tanks).
UNITED STATES DEPARTMENT OF AGRICULTURL FORM APPROVED OMB No. 0575-0042
1.=tn: i :::tt:�-t:.;-7 FARMERS HOMF ADMINISTRATION ORDER No.
t-,uI
3 Contract
CO\TRaCT Clfa\GE ORDER DATE
t
STATE
FLORIDA
COIr'Fs,:* FUR COUNTY
Indian River C,aunty Water Pro'ect U84-1/Contract #1 MIM RIVI::R
Indian River o=ty
rU:uwCa.t... r.. The— ............»». .. ..................»» .
IContr
Yu;. off yery a.% requftted to comply with the following changes from the contract plans and specifications:
Description of ChangesDECRE ASE . INCREASE
t>..�¢.a ,cnt31 pians and Spec:.'scations Attached)in Contract Price in Contract Price
s::r..
1.10elete Painted sign on tank
AQ
_:.
:.•...:. ` NET CNANI
TOTALS
1t a I I ICA Owner rrnquestS that sign be deleted.
680.00 .
S .... ...... fi80..00..........
S
680.00
rhea .uu.a ..t the Contract will be (Decreased) fhKquwjeA By The Sum Of: Six Tiimr7raT .Fi fjtc,
and no/100 Dollars (S -6Rn on ),
1':•.r C.aaract Tutdl Including this and previous Change Orders Will Be: ;gym= h mdrp-a f"i ; 4r„1,�__
thousand two hundred four and 00/100 -'Dollies ($__7740 2n4 'nn
It., Cui-at.,t Per,ud Prodded for Cumpletion Will Be (Unchanged): Days
1 hit: du:uiLc:at will become a supplement to the contract and all provisions will apply hereto.
• y7 (Owner)
L «r'a ArchitecilEngineer)
• , A;i—g�&Engrg. (contractor,
Apps. ..J 1S? I n►HA
(Name and Title)
T+.is or.r.,r-.at-an *oil U used as record of any
0 -Jr --;Cb t., spa ur.y:ne1 construction contract.
�",at S tirti.ltieT450$•Ot?)I ts70 _ .
p (Date)
(Date)
June 6, 1985
(Date)
' (Date)
Number cools$ required: 4 I No further monies or other benefits may be paid out under this
Time to complete: 30 min. program unless this report is completed and filed as required by
existing taw and regulations (7 C.F.R. Part 1924).
itmffA 4247 (Rev. 6-11-80)
17
JUK 24 1985 Boa. F�,Gc.6l
JUL 24 1985
BOOK 61 F'�,F 613
1 _DER/ARMY CORPS/DNR Permit Applications - (Stephanz)
Administrator Wright reviewed memo of the Environmental
Planner, noting that staff would like the Board to authorize them
TO: The Honorable Members DATE. July 22,'198'5- FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: D.E.R., ARMY CORPS &
SUBJECT: D.N.R. PERMIT APPLICATIONS
Robert M. Keatin , AIeP
Planning -& Development Director
FROM: Art ChallacombeREFERENCES: DER Stephanz
Chief, Environmental Planning CHIEF
It is requested that the data herein presented be given formal -_-
consideration by the Board of County Commissioners at their
regular meeting on July 31, 1985.
D.E.R. PERMIT APPLICATION FILE NO. 31-106628-4
APPLICANT: Kenneth R. Stephanz
110 Parkland Plaza
Ann Arbor, MI 48103
WATERWAY & LOCATION:. The project
Indian River in Lot 1 - Plat 29,
County, Florida
is located adjacent to the
John's Island, Indian River - -
The upland property associated with the project is located in
the Town of Indian River Shores.
WORK & PURPOSE: The applicant proposes to create a natural
mangrove and tidal water system by excavating 3,800 cubic
yards of upland sand and 500 cubic yards of wetland soil
material. Mangroves will be planted in and along the excavated
areas. -- -
ALTERNATIVE & ANALYSIS: The proposed project will improve the
existing wetland vegetation on the lot through increased water
circulation. This project is within the jurisdiction of the
Town of Indian River Shores and is not of County -wide signif-
icance'.
RECOMMENDATION:
It is recommended that the Board of County Commissioners
authorize staff to forward a letter of no objection regarding
this project.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
authorized staff to forward a letter of no objec-
tion to the D.E.R. re the Stephanz project.
18
� � r
s � �
PRESENTATION BY CHARLES GORDON, USDA CONSERVATION SERVICE
Charles Gordon, Resource Soil Scientist, came before the
Board to make a presentation regarding his newly appointed
position of Resource Soil Scientist with the USDA Soil
Conservation Service in the Vero Beach Field Office, which is
located in the County Administration building. Mr. Gordon
explained that his main job is to make certain there is maximum
utilization of the County's recently completed soil survey, which
will be published shortly after the beginning of the year, and to
assist the various County departments, i.e., Engineering,
Environmental Health, Planning, etc., as well as developers,
farmers, etc. He noted that while he will be working over a five
county area, he is stationed here and will probably spend about
half his time here. Mr. Gordon continued that he will be working
quite extensively with the Environmental Health people and also
working with students at the High School, with the Fish &
Wildlife Commission identifying wetlands, etc. If the Commission
should have any soil or water table questions, he urged that they
come to him.
Commissioner Bowman felt the survey would be more useful
with an overlay of the county roads and noted we will need a key.
Mr. Gordon assured her that when the survey is. published, it
will be in a bound book and will be set up so that it can be
easily read and understood.
PUBLIC HEARING - AMEND ZONING ORDINANCE CREATING NEW NON-
RESIDENTIAL ZONING DISTRICTS
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
19
JUL 24 1985
BOOK 61 FacF 614
FF"_
JUL 24 1985
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of
`llllllllltl(t(���
Affi n�. r ��-� s�ys t p.1.t(r said Vero Beach Press -Journal is a newspaper
�,published at
Vero, P�a� in sail lZi rn ver County, and that the said newspaper has heretofore
been' fontinyo'Usly published i(Ii„ r�1 Indian River County, Florida, weekly and has been entered
asdecart�d,fiass mail rnat er'at tMii>p6st office in Vero Beach, in said Indian River County, Florida
for a perrod of onelye r next Oret..eeding the first publication of the attached copy of adver-
tisement; andt•affiant urther says that he has neither paid nor promised any' person, firm or
corporation/anX. discou t, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper. gq
U
Swo
rn td,and subscribe fo Ite'thi day of A.D.
f r,
us~ine a r)
`//rrrlllltttt{I,��` s i
— , .. . - - %i r.
BOOK 61 F'I.GE 615
NOTICE OF REGULATION OF LAND USE —
NOTICE OF PUBLIC HEARING
rO CONSIDER
THE ADOPTION OF A COUNTY ORDINANCE
AMENDING THE ZONING ORDINANCE
NOTICE IS HEREBY GIVEN that the Board of
County Commissioners of Indian River County,
Florida, Shall hold a public hearing at which par-
ties in interest and citizens shall have an Gppor-
in theto be Couunty Commission Wednesday,
Chambe sl located in
the County Administration Building, 1840 25th
Street, Vero' -Beach, Florida at 9:15 a.m.. or as
soon thereafter as may be heard to consider the
adoption of an ordinance entitled:
. AN ORDINANCE OF THE BOARD %,
`-"COUNTY COMMISSIONERS OF INDIA0f
RIVER COUNTY, FLORIDA AMENDING'
APPENDIX A OF THE CODE OF LAWS
AND ORDINANCES, • KNOWN AS THE,
ZONING CODE, ENACTING A COMPRE-;,
" HENSIVE AMENDMENT TO THE NON-
RESIDENTIAL ZONING DISTRICTS AND.
RELATED ZONING REGULATIONS BY;
1) CREATING SECTION _18(A) OCR@
TIAL u1.71 mIN1 ;•z, v . --
HON 18(A).1 "MED: MEDICAL" D13-'`'
TRICT' ; 3) CREATING SECTION 18(A).2.'-
ICN:
8(A).2'"CN: NEIGHBORHOOD COMMERCIAL
'DISTRICT"; 4 CREATING SECTION
19(A), "CL• LIMITED COMMERCIAL DIS-
TRICT"; 5) CREATING SECTION 20(A),
t' "CG- GENERAL- COMMERCIAL DIS-
TRICT";,6) CREATING SECTION 20(A)A.
"CH: HEAVY COMMERCIAL DISTRICT";
r r:RPATING SECTION 21(A), "IL: -.
NI'1CN 111IVI acv „v,• ��y. -- :
ERAL INDUSTRIAL- DISTRICT - 9)
AMENDING SECTION 25.1, "REdULA+
TIONS FOR SPECIFIC LAND USES"
AND PROVIDING FOR ALTERNATNE
SECTIONS, AS WELL AS CODIFICA- • s
TION, SEVERABILITY AND EFFECTIVE–
DATE...,
FFECTIVE
DATE z
If arty person decides to appl any decision
made on the above matter, he/she will need a
record of the proceedings, and for such pur-
poses, he/she may need to ensure that a verba-
tim record of the proceedings is.made, which in-
cludes testimony and evidence upon which the
appeal is based.
Indian River County
Board of County Commissionem '
By:• -a- Patrick B. Lyons,
Chairman
July 3, 16. 1985 ....... ...: ...
Chief Planner Richard Shearer made the following staff
presentation:
TO: E•
The Honorable Members DATE July 12, 1985 FILE.
of the Board of
,County Commissioners
IVISION HEAD CONCURRENCE:
SUBJECT:
Robert -M. Keating, &ICP
Plan &Development Director
9^ n
AMENDMENT TO THE ZONING
ORDINANCE CREATING NEW
NONRESIDENTIAL ZONING
DISTRICTS AND ADDING
ADDITIONAL REGULATIONS
FOR SPECIFIC LAND,USES
'FROM: 16 REFERENCES:
Richard Shearer, AICP
Chief, Long -Range Planning
Nonresid. BCC Memo
CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 24, 1985.
20
r
W
DESCRIPTION & CONDITIONS
.,The County is initiating a request to comprehensively amend the
nonresidential districts of the Zoning Ordinance. The new
districts were designed specifically to implement the County's
Comprehensive Plan. These new nonresidential districts were
developed by Solin and Associates based on discussions with the
staff. Subsequently, six workshops were held to discuss the
proposed districts with local developers, citizens, and
interested parties.
On July 11, 1985, the Planning and Zoning Commission voted 4 -to -0
to recommend approval of this request.
ALTERNATIVES & ANALYSIS
This proposed amendment represents the first comprehensive review
and rewriting of the County's- nonresidential zoning districts
since the original zoning ordinance was adopted in February of
1957. The new districts will more clearly indicate which uses
are permitted in each district. Moreover, a table is included
after the descriptions of the districts which lists specific uses
vertically and the various districts horizontally. Where a
particular use is allowed in a district, it is indicated on the
table by a "P", "A" or "S", located across from the use and below
the district title. A "P" indicates a permitted use; an "A"
indicates an administrative permit use, and an "S" indicates a
special exception use. As in the residential districts, a
permitted use is a use by right; an administrative permit use
must be approved by the Planning and Zoning Commission, and a
special exception use must be approved by the Board of County
Commissioners.
This proposed amendment to the Zoning Ordinance also includes an
amendment to Section 25(A).1 of the ordinance, the section which
delineates regulations for specific land uses. These regulations
specify the criteria which will be used by the Planning and
Zoning Commission and the Board of County Commissioners to
determine whether or not a specific land use will be allowed as
an administrative permit use or a special exception use.
A general description of the new nonresidential zoning districts
and how they relate to the current districts follows:
OCR, Office Commercial and Residential District - a new
di
_strict designed to allow a mixture of residential and
general office uses;
MED, Medical District - almost identical to the existing
MecTical District;
CN, Neighborhood Commercial' District - a new district
created specifically for neighborhood commercial nodes;
CL, Limited Commercial District - created to generally
replace the C-lA, Restricted Commercial District, and B-1,
Planned Business District;
CG, General Commercial -District - similar to the C-1,
Commercial District;
PCH, Heavy Commercial District - similar to the C-2, Heavy
Commercial District;
Light Industrial District - created to replace the LM -1,
Light Manufacturing District, but also to allow light
industrial uses not specifically allowed in the LM -1
district currently;
IG, General Industrial District - designed to replace the
7-"i, Restricted Industrial District, and to allow any type
of industrial use as either a permitted use, administrative
permit use, or special exception use.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
.
L 24 19 5 B��a. F"Uk
JUL 2A 1995 BOOK 61 <,E 617
Planner Shearer emphasized that they targeted OCR (Office
Commercial and Residential) for some of our MXD areas as this
would be a way to still allow single family dwelling in that area
and also have a very limited range of commercial uses. He
informed the Board that the big changes are in the industrial
districts. In the past they had problems with LM -1 because'it
was based on performance standards and very few uses were listed;
it, therefore, become an interpretation problem. Mr. Shearer
felt IL (Light Industrial District) will be much easier to deal
with and noted that it will allow some heavier commercial uses
such as warehouses, wholesaling, light manufacturing.
Commissioner Wodkte questioned the letter designations of
the various districts, noting the first we have OCR - Office
Commercial and Residential and then go to CN - Neighborhood Com-
mercial, CL - Limited Commercial. He wondered why we swap the
lettering around ratifier than having it NC and LC, etc.
Planner Shearer explained the way the zoning is structured,
we have commercial districts which are designated "C" and then
they are modified with the various letters; it is the same with
the residential districts, where the "R" is always first.
Director Keating felt it is really an improvement having the
major category listed first and the modifier second.
Planner Shearer continued that the IG - General Industrial
District, which would replace M-1 will allow about any type
industrial use imaginable; the most obnoxious uses, however,
would only be allowed by a special exception use which would have
to be established by the Board. He further noted that to
supplement these new districts, we also have new regulations in
Section 25(A)1, which criteria will be reviewed to determine what
use would be appropriate. This works the same way for the
special exception uses. He reported that the Planning & Zoning
Commission recommended approval of the proposed changes.
Commissioner Bird asked if we are going to permit OCR on
22
certain classifications of roads, and Director Keating stated
that will be addressed at the public hearing which is coming up
shortly.
Commissioner Wodtke noted that in the proposed ordinance we
Jump from Sec. 22 to Sec. 25.1, and Director Keating explained
that Section 25 is really an expansion; some of this related to
residential uses, and Sections 23 and 24 were approved
previously.
Planner Shearer explained that staff is in the process of
doing over the entire Zoning Ordinance and once all the amend-
ments are done and approved, they will go through and clean up
these numbers so that it will flow through more smoothly.
The Vice Chairman asked if anyone present wished to be
hea rd.
Nancy Offutt, speaking for the Chamber of Commerce and Board
of Realtors, stated that as a participant in the workshops, she
had only good things to say about the staff. Mrs. Offutt noted
that their major concern would be how the nodes are allocated,
and she believed that will be looked at on a case by case basis.
She informed the Board that those she represents do support the
proposed ordinance.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
closed the public hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously
adopted Ordinance 85-63, amending the Zoning
Code by creating new Non -Residential Districts.
23
JUL 24 1985 aooK
JUL 24 1985
BOOK 61 FAGE 61.9
INDIAN RIVER COUNTY ORDINANCE NO. 85- F 3
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING APPENDIX A OF THE CODE OF
LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, ENACTING A
COMPREHENSIVE AMENDMENT TO THE NON-RESIDENTIAL ZONING
DISTRICTS AND RELATED ZONING REGULATIONS BY: 1) CREATING
SECTION 18(A) "OCR: OFFICE, COMMERCIAL AND RESIDENTIAL
DISTRICT"; 2) CREATING SECTION 18(A).1, "MED: MEDICAL
DISTRICT"; 3) CREATING SECTION 18(A).2, "CN: NEIGHBORHOOD
COMMERCIAL DISTRICT"; 4) CREATING SECTION 19(A), "CL:
LIMITED COMMERCIAL DISTRICT"; 5) CREATING SECTION 2O(A), "
CG: GENERAL COMMERCIAL DISTRICT"; 6) CREATING SECTION
2O(A).1, "CH: HEAVY COMMERCIAL DISTRICT"; 7) CREATING
SECTION 21(A), "IL: LIGHT INDUSTRIAL DISTRICT"; 8) CREATING
SECTION 22(A), "IG: GENERAL INDUSTRIAL DISTRICT"; 9) AMEND-
ING SECTION 25.1, "REGULATIONS FOR SPECIFIC LAND USES"; AND
PROVIDING FOR -ALTERNATIVE SECTIONS AS WELL AS CODIFICATION,
SEVERABILITY, AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE. BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA that:
SECTION 1
.A new Sectioh 18(A), entitled "Office, Commercial and Residential District";'is
hereby adopted and shall read as follows:
SECTION 18(A) OCR: OFFICE, COMMERCIAL AND RESIDENTIAL DISTRICT
A. Purpose and Intent
The OCR Office, Commercial and Residential District is established to
implement the Indian River County Comprehensive Plan policies for allocat-
ing commercial and residential land uses, to areas designated mixed use
development (MXD) or areas designated for commercial development along
corridors or within commercial nodes, excepting neighborhood nodes. The
OCR district is intended to provide areas for the development of restricted
office, commercial and residential activities in a manner which will be
compatible with surrounding neighborhoods. The OCR district is further
intended to provide land use controls for ensuring the separation of
potentially incompatible activities, such as intense commercial uses from
established residential areas.
B. Permitted Uses
In the OCR, Office, Commercial and Residential District, no building or
structure shall be erected, altered or used, except for one or more of the
following. Outdoor storage shall be prohibited within the OCR district.
Site plan review shall be required for all uses, pursuant to the provisions
of Section 23.
I. Residential Uses (subject to the density, size and dimension
regulations of the RM -6 district)
- Duplex
- Multiple Family Dwellings
- Single Family Dwelling
2. Institutional Uses
- Civic and Social Membership Organizations
- Places of Worship
3. Community Service Uses
- Business Schools
- Emergency Services
1
", r = **ORDINA. 85- **
4.
Governmental Administration Facilities
- Post Office
Recreational Uses
- Beach Clubs
- Country Clubs
- Golf Courses
- Parks and Playgrounds Open to the Public
- Sports and Recreation Areas and Facilities
- Tennis Facilities
- Yacht Clubs
5. Commercial Uses
a. General Office and Financial Services
- Banking and Financial Services
- Health Services Including Clinics and Blood Banks
- Insurance and Real Estate Services
- Professional Offices
b. Business Services
Advertising Agency
Light Printing, Reproduction and Graphic Art Services
Medical and Dental Equipment
News Agency
Office Equipment
Other Similar Businesses and Services
Research and Development Laboratories
- T.V. and Radio Broadcasting Facilities
- Telephone and Utility Business Offices
C. Uses equiring Administrative Permits
The following uses shall �be permitted within the OCR, Office, Commercial
and Residential District, subject to the specific use criteria established
in Section 25.1, "Regulations for Specific Land Uses" and review procedures
established in Section 25.2, "Review of Uses Requiring Administrative
Permits".
1. Institutional Uses (Sec. 25.1(F))
- Child and Adult Care Facilities
2. Community Service Uses (Sec. 25.1(G))
- Cultural and Civic Facilities
3. Utility Uses (Sec. 25.1(S))
- Public and Private Utilities, Limited
D. Special Exception Uses
The following uses may be permitted within the OCR, Office, Commercial and
Residential District, subject to the specific use criteria established in
Section 25.1 "Regulations for Specific Land Uses" and review procedures
established in Section 25.3, "Regulation of Special Exception Uses".
1. Residential Uses _
- Planned Residential Development (Sec. 25.4)
2. Community Service Uses (Sec. 25.1(G))
- School, Primary and Secondary
UL 41995 -2-
J aoc�61
F''�`®
_ W1
JUL "24 1985 **ORDINANCE NO. 85- ** BOOK 61 PACE 621
E. Accessory Uses and Structures
1. Authorized Accessory Retail Uses
The following retail activities shall be permitted, provided that no
such use is freestanding and that all such uses combined comprise no
more than twenty (20%) percent of the ground floor area of the struc-
ture in which they are located:
a. Carry -Out Only Restaurants
b. Limited Retail Sales
C. Personal Services
2. As provided in Section 25(G), "Accessory Uses and Structures".
F. Dimensional Regulations
As provided in Table 18, herein, and Section 3.1, "Application of District
Regulations".
G. Permitted Si na e
As provided in Section 25(0), "Signs".
H. Walls and Fences
As provided in Section 25(I), "Walls and Fences".
I. Minimum Off -Street Parking and Loading Requirements
As established in Section 24, "Off-Street*Parking and Loading Regulations".
J. Performance Standards for Nuisance Abatement
As established in Section 24.1, "Performance Standards for Nuisance Abate-
ment; Commercial and Industrial Uses".
K. Minimum Separation -from Residential District----.
Where a nonresidential use within an OCR district directly abuts a single
family and multi -family residential zoning district, a landscaped
bufferyard meeting the following specifications shall be required along the
side and/or rear property lines.
Single Family Multi -Family
Zoning District Zoning District
Minimum Separation 25 ft. 20 ft.
Screening Requirement Type A Type B
The bufferyard shall be measured at right angles to the lot line. All
screening requirements shall meet the standards established in Section 23.
No off-street parking or loading areas shall be permitted within the.
bufferyard.
L. REQUIRED IMPROVEMENTS.
All future subdivisions and site plans for developments within the OCR
zoning district shall provide the following improvements,. designed and
constructed to the requirements and specifications in the Code of Laws and
Ordinances of Indian River County and the State of Florida: _
1. Bikeways (as specified in the County Bikeway Plan, as currently exists
or may hereafter be adopted).
2. Sidewalks.
3. Street lights.
M 16, i
= **ORDINARK. 85- **
TABLE 18: SIZE AND DIMENSION CRITERIA
OCR ZONING DISTRICT
ZONING DISTRICT
OCR
REGULATION
UNIT OF MEASURE
MINIMUM LOT SIZE
10,000
Square Feet
MINIMUM LOT WIDTHI
100
Feet
MINIMUM YARD1
- Front
- Side
- Rear
25
20
20
Feet
MAXIMUM LOT COVERAGEI
40
% of Lot
MINIMUM OPEN SPACE
30
q of Lot
MAXIMUM BUILDING HEIGHT
35
Feet
NOTES:
1• Residential uses shall be subject to the density, size and dimension
regulation of the RM -6 zoning district.
-3a-
a 6
BOOK F'our. 692
14
Ir .'' t
JUL 24 1995 **ORDINANCE NO. 85- **
BOOK 61 NAGE 623
SECTION 2
A new Section 18(A).1, entitled "Med: Medical District, is hereby adopted and
shall read as follows:
SECTION 18(A).1 MED: MEDICAL DISTRICT
A. Purpose and Intent
The MED, Medical District is intended to implement the Indian River County
Comprehensive -Plan policies for managing the development of the major
portions of land designated as part of a hospital/commercial node, to
provide a variety of uses which support a major medical facility, and to
protect such major medical facility from encroachment by land uses which
may have an adverse effect on the operation and potential expansion of the
facility. Land uses that could cause an adverse effect would generally
include those uses that are likely to be objectionable to neighboring
properties because of noise, vibration, odors, smoke, amount of traffic
_e generated, or other physical manifestations.
These medical district regulations are intended to protect, promote and
improve the public health, safety, comfort, order, appearance, convenience,
and general welfare of the inhabitants of this district and its environs.
B. Permitted Uses
In the MED, Medical District, 'no building or structure shall be erected,
altered or used, except for one or more of the following. Outdoor storage
shall be prohibited within the MED district. Site plan review shall be
-----required-.for-.all--.uses-t--pursuant to the -provisions of -Section 23. --
1. Institutional Uses
Child and Adult Care Facilities
Hospitals, General and Specialty
-- -�- - -- Nursing Homes-, Rest -Homes, . Convalescent Homes-,-.and-Homes for the
Aged
-"" - Total Care Facilities
2. Community Service Uses
- Business Schools, including Medical Educational Institutions
- Emergency Services, including Ambulance Service
3. Recreational Uses
- Parks Open to the Public
4. Commercial Uses
a. General Office
- Automatic Teller Machines
- Health Services (Excluding hospitals, nursing homes and
similar institutional uses)
- Optical Firms
- Medical Related Offices
b. Business Services
- Medical Research, Experimental and Testing Laboratories. _
- Medical and Dental Equipment and Supply Facilities
C. Limited Retail Sales
- Apothecary, Including Prescription Drugs
- Book Store and Stationers
- Florist
- Greeting Card Shops
**ORDINA. 85- **
C. Uses Requiring Administrative Permits
The following uses shall be permitted within the MED, Medical District,
subject to the specific use criteria established in Section 25.1, "Regu-
lations for Specific Land Uses" and review procedures established in
Section 25.2, "Review of Uses Requiring Administrative Permits".
1. Residential Uses (Sec. 25.1 (C))
- Multiple Family Dwellings
2. Institutional Uses (Sec. 25.1(F))
- Civic and Social Membership Organizations
3. Community Service Uses (Sec. 25.1(G))
- Cultural and Civic Facilities
- Governmental Administration Facilities
4. General Office Uses (Sec. 25.1(I))
- Professional Offices
5. Utility Uses (Sec. 25.1(S))
- Public and Private Utilities, Limited
D. Special Exception Uses
The following uses may be permitted within the MED, Medical District,
subject to the specific use criteria established in Section 25.1 "Regu-
lations for Specific Land Uses" and review procedures established in
Section 25.3, "Regulation of Special Exception Uses".
1. Residential Uses (Sec. 25.1(C))
Planned Residential Development (Sec. 25.4)
2. Community Service Uses (Sec. 25.1(G))
- Schools, Primary and Secondary
3. Eating and Drinking Establishments (Sec. 25.1 (H))
- Restaurant, excluding any curb service, drive-in, drive-through
or similar type establishment
- Carry -out Restaurants
E. Accessory Uses and Structures
As provided in Section 25(G), "Accessory Uses and Structures".
F. Dimensional Regulations
As provided in Table 18.1, herein, and Section 3.1, "Application of Dis-
trict Regulations".
G. Permitted Signage
As provided in Section 25(0), "Signs".
H. Walls and Fences
As provided in Section 25(I), "Walls and Fences".
I. Minimum Off -Street Parking and Loading Requirements
- As established in Section 24, "Off -Street Parking and Loading Regulations".
JUL 24 1985 -5- Her 620 4
JUL 24 1985
**ORDINANCE NO. 85- ' **BOOK �InE695
TABLE 18.1: SIZE AND DIMENSION CRITERIA
MED ZONING DISTRICT
ZONING DISTRICT MED
REGULATION UNIT OF MEASURE
MINIMUM LOT SIZE 20,000 Square Feet
MINIMUM LOT WIDTHI 100 Feet
MINIMUM YARDI
- Front 25
- Side 20 Feet
- Rear 20
MAXIMUM
LOT COVERAGEI
40
%
of
Lot
MINIMUM
OPEN SPACEI
20
%
of
Lot
MAXIMUM BUILDING HEIGHT 353 Feet
NOTES: _
I: Residential uses shall be subject to the density, size and
dimension regulations of the RM -8 zoning district.
2. Hospital complexes located within the MED district may exceed
thirty-five (35) feet in height provided the floor area ratio
(FAR) for all structures is no greater than .6. All other size
and -dimension criteria for the.MED District shall apply.
= **ORDINAIN. 85- ** -
J. Performance Standards for Nuisance Abatement
As established in Section 24.1, "Performance Standards for Nuisance Abate-
ment; Commercial and Industrial Uses".
K. Minimum Separation from Residential District
Where a nonresidential use within a MED district directly abuts a single
family or multi -family residential zoning district, a landscaped bufferyard
meeting the following specifications shall be required along the side
and/or rear property lines.
Single Family Multi -Family
Zoning District Zoning District
Minimum Separation 25 ft. 20 ft.
Screening Requirement Type A Type B
The bufferyard shall be measured at right angles to the lot line. All
screening requirements shall meet the standards established in Section 23.
No off-street parking or loading areas shall be permitted within the
bufferyard.
L. REQUIRED IMPROVEMENTS.
All future subdivisions and site plans for developments within the MED
zoning district shall provide the following improvements, designed and
constructed to the requirements and specifications in the Code of Laws and
Ordinances of Indian River County and the State of Florida:
1. Bikeways (as specified in the County Bikeway Plan, as currently exists
or may hereafter be adopted).
2. Sidewalks.
3. Street lights.
JUL 24 1985 -6- BOOK 61 F,au�.�`��y
J U L '2, 4 1995
**ORDINANCE NO. 85- **
BOOP( 61 PACE 6?7
SECTION 3
A new Section 18(A).2, entitled "CN: Neighborhood Commercial District", is
hereby adopted and shall read as follows:
SECTION 18(A).2 CN: NEIGHBORHOOD COMMERCIAL DISTRICT
A. Purpose and Intent
The CN Neighborhood Commercial District is established to implement the
Indian River County Comprehensive Plan policies for managing neighborhood
and tourist commercial nodes, and to provide areas for the development of
highly restricted commercial activities to serve primarily the residents of
the immediate area. The CN district is further intended to limit the
intensity of commercial activities in order to ensure compatibility with
nearby residential uses.
B. Establishment of Neighborhood Commercial Nodes
As provided in the Indian River County Comprehensive Plan, neighborhood
commercial nodes may be created by the Board of County Commissioners
pursuant to the provisions of this section.
1. Request for Node Establishment
Requests for the establishment of neighborhood commercial node may be
-made by motion of the Board of County Commissioners, the motion of the
Indian River Planning and Zoning Commission or the petition of a
"property owner.or the owner's -.agent.
2. Application and Fee
3.
4.
5.
All applications for the establishment of a neighborhood commercial
node shall be in a form approved by the Division of Planning and
Development and shall include a fee to be determined by the Board of
County Commissioners. All applications for node establishment shall
be accompanied by an application for rezoning to Neighborhood Commer-
cial (CN) which meets all of the requirements of Section 27 (A) of
this code.
Review Procedures
Applications for the creation of a neighborhood commercial node node
shall be reviewed pursuant to the provisions of Section 27 (A), except
as otherwise provided herein. Said review shall be done concurrently
with the review of the rezoning application. The rezoning to Neigh-
borhood Commercial (CN) shall be granted upon the approval of a
neighborhood node by the County Commission.
Approval by the County Commission
All applications for the establishment of neighborhood commercial node
shall require the approval of the majority of the entire Board of
County Commissioners. -
Standards for Neighborhood Commercial Node Establishment
The establishment of all neighborhood commercial nodes shall be
subject to the following standards.
a. Maximum Land Area.
Neighborhood nodes shall consist
range from zero (0) to three (3)
node may exceed three (3) acres.
b. Location.
of contiguous land area and may
acres in size. No neighborhood
� i �
- **ORDIN. 85- ** -
No neighborhood node shall be within one (1) mile of any existing
neighborhood node, commercial node, commercial/industrial node,
tourist/commercial node, hospital/commercial node, MXD district
or commercial corridor. All nodes shall be located adjacent to
an arterial, collector or subdivision feeder road.
All distances from existing nodes shall be measured using the
most direct route along roadways from boundary line to boundary
line and shall be applicable to properties on both sides of the
roadway. The Director of Planning and Development may reduce the
one mile separation requirement up to ten (10) percent, or 528
feet, upon demonstration by the applicant that such a reduction
is warranted by specific characteristics of the proposed site.
Such characteristics shall include the following:
i. The proposed node is located within an area having a land
use designation of LD -2 or a higher density.
ii. The level of service on all streets providing direct and
indirect service to the proposed node will not be downgrad-
ed.
iii. The creation of the node shall not increase the potential
for strip commercial development.
iv. The residential character of the surrounding area shall not
be negatively impacted.
C. Compatibility with Surrounding Development
All neighborhood nodes shall be compatible with the surrounding
land uses. All commercial land uses shall be subject to minimum
separation from residential districts pursuant to the provisions
of the Neighborhood Commercial (CN) zoning district.
d. Limited Access.
No neighborhood node shall contain more than one point of direct
access to an arterial or collector roadway. Neighborhood nodes
shall utilize an existing marginal road system or provide for a
frontage road system meeting the requirements of Section 23.3
(D)(10)(d).
e. Allowable Uses.
Uses within a neighborhood node shall be determined by the
Neighborhood Commercial (CN) zoning district.
f. Termination of Neighborhood Node Approval.
All neighborhood node approvals shall terminate and become null
and void if construction has not commenced, as defined in Sec.
23.1(G)(1), within eighteen (18) months of the date of approval.
In addition, neighborhood node approval shall be terminated upon
abandonment of construction, as defined in Section 23.1(G)(3).
C. Permitted Uses
In the CN, Neighborhood Commercial District, no building or structure shall
be erected, altered or used, except for one or more of the following.
Outdoor storage shall be prohibited within the CN district. Site plan
review shall be required for all uses, pursuant to the provisions of
Section 23.
I. Institutional Uses
- Civic and Social Membership Organizations
- Places of Worship
JUL 24195 -8- BOOK
**ORDINANCE NO. 35- **
2. Community Service Uses
- Emergency Services
- Governmental Administration Facilities
- Post Office
- Schools, Business and Collegiate
3. Commercial Uses
a. General Office and Financial Services
b. Personal Services
BOOK 61 PAGE 6�
- Barber Shop
- Beauty Shop
- Photo Studio
- Self -Service Laundry and/or Pick -Up Facilities
- Shoe Repair Shop
C. Eating and Drinking Establishments
- Restaurants (Excluding any Curb Service, Drive -In and
Drive -Through Establishments)
d. Limited Retail Sales
- Book or Stationery Sales
- Clothing and Accessory Sales
Commercial Bakery, Candy and Confectionery Sales
- Drug Store
- Florist
Food or Grocery Sales
Gift and Specialty Shops
Hardware or Garden Supplies
Small Appliance and Accessories Sales
D. Uses Requiring Administrative Permits
The following uses shall be permitted within the CN, Neighborhood Commer-
cial District, subject to the specific use criteria established in.Section
25.1, "Regulations for Specific. Land- Uses" and review. procedures estab-
lished in Section 25.2, "Review of Uses Requiring Administrative Permits".
1. Residential Uses (Sec. 25.1C
- Multiple Family Dwellings...
2. Institutional Uses (Sec. 25.1(F))
- Child and Adult Care Facilities
3. Community Service Uses (Sec. 25.1(G))
- Cultural and Civic Facilities
4. Utility Uses (Sec. 25.1(S))
- Public and Private Utilities, Limited
5. Vehicular Sales, Service and Storage (Sec. 25.1(V))
Automotive Fuel Sales
E. Special Exception Uses
The following uses may be permitted within the CN Neighborhood District,
subject to the specific use criteria established in Section 25.1 "Regu-
lations for Specific Land Uses" and review procedures established in
Section 25.3, "Regulation of Special Exception Uses".
_ **ORDINANK. 85- ** -
1. Residential Uses
- Planned Residential Development (Sec. 25.4)
2. Community Service Uses (Sec. 25.1(G))
- Schools, Primary and Secondary
F. Accessory Uses and Structures
As provided in Section 25(G), "Accessory Uses and Structures".
G. Dimensional Regulations
As provided in Table 18.2, herein, and Section 3.1, "Application of Dis-
trict Regulations".
H. Permitted Signage
As provided in Section 25(0), "Signs".
I. Walls and Fences
As provided in Section 25(I), "Walls and Fences".
J. Minimum Off -Street Parking and Loading Requirements
As established in Section 24, "Off -Street Parking and Loading Regulations".
K. Performance Standards for Nuisance Abatement
As established in Section 24.1, "Performance Standards for Nuisance Abate-
ment; Commercial and Industrial Uses".
L. Minimum Separation from Residential District
Where a nonresidential use within an OCR district directly abuts a single
family or multi -family residential zoning district, a landscaped bufferyard
meeting the following specifications shall be required along the side
and/or rear property lines.
Single Family Multi -Family
Zoning District Zoning District
Minimum Separation 25 ft. 20 ft.
Screening Requirement Type A Type B
The bufferyard shall be measured at right angles to the lot line. All
screening requirements shall meet the standards established in -Section 23.
No off-street parking or loading areas shall be permitted within the
bufferyard.
M. REQUIRED IMPROVEMENTS.
All future subdivisions and site plans for developments, within the CN
zoning district shall provide the following improvements, designed and
constructed to the requirements and specifications in; the Code of Laws and
Ordinances of Indian River County and the State of Florida:
1. Bikeways (as specified in the County Bikeway Plan, as currently exists
or may hereafter be adopted).
2. Sidewalks.
3. Street lights.
-10- BOOK 4GE �•
JUL 24 1985
•
ZONING DISTRICT
**ORDINANCE NO. 85- **
1
BOOK 1 re"i 6'31
TABLE 18.2: SIZE AND DIMENSION CRITERIA
CN ZONING DISTRICT
CN
REGULATION UNIT OF MEASURE
MINIMUM LOT SIZE 209000 Square Feet
MINIMUM LOT WIDTH1 100 Feet
MINIMUM YARD1
- Front 25
- Side 20 Feet
- Rear 20
MAXIMUM LOT_COVERAGEI..40 of Lot
MINIMUM OPEN SPACE 30 % of Lot
MAXIMUM BUILDING HEIGHT 35 Feet
NOTES:':::
1. Residential uses shall be subject to the density, size and dimension
regulations of the RM -8 zoning district.
**ORDINARM. 85- **
SECTION 4
A new Section 19(A) entitled "CL: Limited Commercial District", is hereby
adopted and shall read as follows:
SECTION 19(A) CL: LIMITED COMMERCIAL DISTRICT
A. Purpose and Intent
The CL Limited Commercial District is established to implement the Indian
River County Comprehensive Plan policies for managing commercial nodes, and
to provide areas for the development of restricted commercial activities as
well as other compatible land uses. The land use activities allowed within
the CL district are intended to accommodate the convenience retail and
service needs of area residents, while minimizing the impact of such
activities on any nearby residential areas.
B. Permitted Uses
In the CL, Limited Commercial District, no building or structure shall be
erected, altered or used, except for one or more of the following. Outdoor
storage shall be prohibited within the CL district. Site plan review shall
be required for all uses, pursuant to the provisions of Section 23.
1. Institutional Uses
- Child and Adult Care Facilities
- Civic and Social Membership Organizations
- Places of Worship
2. Community Service Uses
- Cultural and Civic Facilities
- Emergency Services
Governmental Administration Facilities
- Post Office
- Schools, Business and Collegiate
3. Recreational Uses
- Beach Clubs
- Country Clubs
- Golf Courses
- Marinas
- Parks and Playgrounds
- Tennis Facilities
- Yacht Clubs
4. Commercial Uses
a. Business Services
b. Eating and Drinking Establishments
- Carry -out Restaurants
- Restaurants (excluding any curb service, drive-in,'
drive-through or similar type establishment)
C. Commercial Entertainment, Recreation and Amusement (excluding
drive-in theatres and unenclosed commercial amusement facilities)
d. General Office and Financial Services
e. Repair Services, Light
f. Limited Retail Sales
g. Personal Service
JUL 24 1985'
- Barber Shop
- Beauty Shop
- Photo Studio
- Self -Service Laundry and/or Pick -Up Facilities
BOOK ,r- L4.-,- 632
o r�
**ORDINANCE NO. 85- ** B00K 61 P "r"E 63
Shoe Repair Shop
h. Tourist Commercial
- Time -Share Developments
- Hotels and Motels
i. Vehicular Sales
- Auto Parts Store
C. Uses Requiring Administrative Permits
The following uses shall be permitted in the CL, Limited Commercial Dis-
trict, subject to the specific use criteria established in Section 25.1,
"Regulations for Specific Land Uses" and review procedures established in
Section 25.2, "Review of Uses Requiring Administrative Permits".
1. Commercial Uses (Sec. 25.1 (P))
- Veterinary Clinic or Animal Hospital
2. Residential Uses (Sec. 25.1(C))
Multiple Family Residential
3. Utility Uses (Sec. 25.1(S))
Public and Private Utilities, Limited
4. Vehicular Sales, Service and Storage (Sec. 25.1 (V))
Automotive Fuel Sales
Gasoline Service Station
D. Special Exception Uses
The following uses may be permitted within the CL, Limited Commercial
District, subject to the specific use criteria established in Section 25.1
"Regulations_ for Specific Land Uses" and review procedures established in
Section 25.3, "Regulation of Special Exception Uses".
1. Residential Uses
Planned Residential Development (Sec. 25.4)
2. Community Services Uses (Sec. 25.1(G))
- Schools, Primary and Secondary
3. Eating and Drinking Establishments (Sec. 25.1 (H))
- Bars and Lounges.
4. General Merchandise Sales (Sec. 25.1(J))
- Department Stores
- Furniture and. Appliances
- Showroom Catalog Stores
- Variety Stores
5. Institutional Uses (Sec. 25.1(F))
- Nursing Homes, Rest Homes, Convalescent Homes and homes for the
Aged
**ORDIN. 85- **
E. Accessory Uses and Structures
As provided in Section 25(G), "Accessory Uses and Structures".
F. Dimensional Regulations
As provided in Table 19, herein, and Section 3.1, "Application of District
Regulations".
G. Permitted Signage
As provided in Section 25(0), "Signs".
H. Walls and Fences
As provided in Section 25(I), "Walls and Fences".
I. Minimum Off -Street Parking and Loading Requirements
As established in Section 24, "Off -Street Parking and Loading Regulations".
J. Performance Standards for Nuisance Abatement
As established in Section 24.1, "Performance Standards for Nuisance Abate-
ment; Commercial and Industrial Uses".
K. Minimum Separation from Residential District
Where a nonresidential use within a CL district directly abuts a single
family or multi -family residential zoning district, a landscaped bufferyard
meeting the following specifications shall be required along the side
and/or rear property lines.
Single Family Multi -Family
Zoning District Zoning District
Minimum Separation 25 ft. 20 ft.
Screening Requirement Type A Type B
The bufferyard shall be measured at right angles to the lot line. All
screening requirements shall meet the standards established in Section 23.
No off-street parking or loading areas shall be permitted within the
bufferyard.
L. REQUIRED IMPROVEMENTS.
All future subdivisions and site plans for developments within the CL
zoning district shall provide the .following improvements, designed and
constructed to the requirements and specifications in the Code -of Laws and
Ordinances of Indian River County and the State of Florida:
1. Bikeways (as specified in the County Bikeway Plan, as currently exists
or may hereafter be adopted).
2. Sidewalks.
3. Street lights.
JUL 24 1985 -13- BOOK Y FHuE
JUL 24 1985
**ORDINANCE NO. 85- ** BOOK 61 F"JGE 635
TABLE 19: SIZE AND DIMENSION CRITERIA
CL ZONING DISTRICT
ZONING DISTRICT CL
REGULATION UNIT OF MEASURE
MINIMUM LOT SIZEI 10,000 Square Feet
MINIMUM LOT WIDTH 100 Feet
MINIMUM YARDI
- Fron� 25
- Side 0 / 10 Feet
- Rear 10
MAXIMUM LOT COVERAGEI 40 % of Lot
MINIMUM OPEN SPACER 20 _
.. % of Lot
MAXIMUM BUILDING HEIGHT._ _ 35. Feet
NOTES:
I• Residential uses shall be subject to the density, size and dimension
regulations of the RM -8 zoning district.
2: A non-residential structure may be located on the side lot line if
abutting_ non-residential uses utilize interconnecting parking areas
with approved access easements. Notwithstanding, if the structure is
not placed on the lot line, the structure must allow for a required
minimum ten -(10) foot side yard.
SECTION 5
A new Section
**ORDIN. 85- **
20(A), entitled "CG: General Commercial District", is hereby
adopted and shall read as follows:
SECTION 20(A) CG: GENERAL COMMERCIAL DISTRICT
A. Purpose and Intent
The CG General Commercial District is established to implement the Indian
River County Comprehensive Plan policies for commercial nodes along major
traffic generators and to provide areas for the development of general
retail sales and selected service activities at accessible locations in the
County. The CG district is further intended to protect any nearby residen-
tial properties from any possible adverse effects of commercial activity.
The district is not intended to provide opportunity of heavy commercial
activities, such as commercial service uses (See Sec. 20.1B(5b) or heavy
repair (See Sec. 20.1B(5e), new car sales or industrial uses.
B. Permitted Uses
In the CG, General Commercial District, no building or structure shall be
erected, altered or used, except for one or more of the following. Outdoor
storage shall be prohibited within the CG district. Site plan review shall
be required for all uses, pursuant to the provisions of Section 23.
1. Agricultural Uses
- Landscaping Services
- Plant Nurseries and Greenhouses
2. . Institutional Uses
- Child and Adult Care Facilities
- Civic and Social Membership Organizations
- Places of Worship
3. Community Service Uses
- Cultural and Civic Facilities
- Emergency Services
- Governmental Administration Facilities
- Post Offices
- Schools, Business and Collegiate
4. Recreational Uses
- Beach Clubs
- Country Clubs
- Golf Courses
Major Sports and Recreational Areas and Facilities
- Marinas
- Parks and Playgrounds Open to the Public
- Tennis Facilities
- Yacht Clubs
5. Commercial Uses
a. Business Services
b. Commercial Entertainment, Recreation and
drive-in theatres and similar unenclosed
facilities)
C. Eating and Drinking Establishments
d. General Merchandise Sales
- Department Store
- Furniture and Major Appliance Sales
- Showroom Catalog Store
Amusement (excluding
commercial amusement _
-14- BOOK 61 E'.'` ���6
JUL 24 1985
JUL 24 1985 **ORDINANCE NO. 85- **
BOOK 6 1 FACE 6P 3 7
- Variety Store
e. General Office and Financial Services
f. Limited Retail Sales
g. Personal Services
h. Repair Services, Light
i. Tourist Commercial Activities
- Time -Share Developments
- Hotel and Motel Facilities
j. Vehicular Sales, Service and Storage
- New and Used Vehicle Sales
- Gasoline Service Station
- Automotive Parts Store
- Commercial Parking Facilities
- Car Wash
6. Transportation Uses
Bus and Railroad Passenger Facilities
C. Uses Requiring Administrative Permits
The following uses shall be permitted within the CG, General Commercial
District, subject to the specific use criteria established in Section 25.1,
"Regulations for -Specific Land Uses" and review procedures established in
Section 25.2, "Review of Uses Requiring Administrative Permits".
1. Residential- Uses (Sec."25.1(C))" "
Multiple -Family
2. Commercial Uses (Sec. 25.1(0))
-y Veterinary Clinic or Animal Hospital
3. Commercial Services "(Sec,. 25.1 (B))
Building Material.Sales and Lumberyards
4. Marine*Related Commercial Activities (Sec. 25.1 (N))
-h Boat Sales -and Rental "
Commercial Marina
- -'�- Marine Repair and Service
Commercial Fishery
5. Utility Uses (Sec. 25.1(S))
Public and Private Utilities, Limited
D. Special Exception Uses
The following uses may be permitted within the CG, General Commercial
District, subject to the specific use criteria established in Section 25.1
"Regulations for Specific Land Uses" and review procedures established in
Section 25.3, "Regulation.of Special Exception Uses".
1. Residential Uses
- Planned Residential Development (Sec. 25.4)
2. Community Service Uses (Sec. 25.1 (G))
�■■�� **ORDIR�'IlWJ�■'R'0. 85- **
Schools, Primary and Secondary
3. Institutional Uses (Sec. 25.1(F))
- Nursing Homes, Rest Homes, Convalescent Homes and Homes for the
Aged
4. General Merchandise Sales (Sec. 25.1(J))
- Auction Facilities, Enclosed
5. Vehicular Sales, Service and Storage (Sec. 25.1 (V))
- Used Vehicle Sales
6. Industrial Uses (Sec. 25.1(Q))
- Fruit and Vegetable Packing Houses
E. Accessory Uses and Structures
As provided in Section 25(G), "Accessory Uses and Structures".
F. Dimensional Regulations
As provided in Table 20, herein, and Section 3.1, "Application of District
Regulations".
G. Permitted Signage
As provided in Section 25(0), "Signs".
H. Walls and Fences
As provided in Section 25(I), "Walls and Fences".
I. Minimum Off -Street Parking and Loading Requirements
As established in Section 24, "Off -Street Parking and.Loading Regulations".
J. Performance Standards for Nuisance Abatement
As established in Section 24.1, "Performance Standards for Nuisance Abate-
ment; Commercial and Industrial Uses".
K. Minimum Separation from Residential District
Where a nonresidential use within a CG district directly abuts a single
family or multi -family residential zoning district, a landscaped bufferyard
meeting the following specifications shall be required along the side
and/or rear property lines.
Single Family Multi -Family
Zoning District Zoning District
Minimum Separation 30 ft. 30 ft.
Screening Requirement. Type A Type A
The bufferyard shall be measured at right angles to the lot line. All
screening requirements shall meet the standards established in Section 23.
No off-street parking or loading areas shall be permitted within the
bufferyard.
L. REQUIREMENTS IMPROVEMENTS.
All future subdivisions and site plans for developments within the CG
zoning district shall provide the following improvements, designed and
constructed to the requirements and specifications in the Code of Laws and
Ordinances of Indian River County and the State of Florida:
1. Bikeways (as specified in the County Bikeway Plan, as currently exists
or may hereafter be adopted).
2. Sidewalks.
3. Street lights.
JUL 24 1985 -16- BOOK FrIuab*38
JUL 24 1985
**ORDINANCE NO. 85- ** BOOK
TABLE 20: SIZE AND DIMENSION CRITERIA
CG ZONING DISTRICT
61 FN E639
ZONING DISTRICT CG
REGULATION UNIT OF MEASURE
MINIMUM LOT SIZE' 10,000 Square Feet
MINIMUM LOT WIDTH'
100
Feet
MINIMUM YARD'
- Fron�
25
- Side
0 / 10
Feet
- Rear
10
MAXIMUM LOT COVERAGE
40
% of Lot
MINIMUM OPEN SPACEI -
20
% of Lot
MAXIMUM BUILDING HEIGHT'
:. 35
Feet
NOTES:
Residential uses-shalI be subject -to the density, -size and dimension
.regulations of.the RM -8 zoning district.
2 A non-residential structure. may -be located _ on the side lot line i f
:,abutting non-residential .uses: utilize interconnecting parking areas
with approved access easements. Notwithstanding, if the structure is
.not placed on the lot line, the structure must allow for a required
.----minimum-ten--(1O) foot side yard. - ---
® **ORDINARK. 85- **
SECTION 6
A new Section 20(A).1, entitled "CH: Heavy Commercial District", is hereby
adopted and shall read as follows:
SECTION 20(A).1 CH: HEAVY COMMERCIAL DISTRICT
A. Purpose and Intent
The CH Heavy Commercial District is established to implement the Indian
River County Comprehensive Plan and to provide areas for the development of
commercial/industrial nodes, including establishments engaging in wholesale
trade, major repair services and restricted light manufacturing activities.
The CH district is further intended to provide support services necessary
for the development of commercial and industrial uses allowed within other
non-residential zoning districts.
B. Permitted Uses
In the CH, Heavy Commercial District, no building or structure shall be
erected, altered or used, except for one or more of the following. Outdoor
storage shall be prohibited within a CH district, except as otherwise
provided in this section. Site plan review shall be required for all uses,
pursuant to the provisions of Section 23.
I. Agricultural Uses "' '
- Farm Equipment and Supplies
- Landscaping Services
- Plant Nurseries and Greenhouses
2. Institutional Uses
- Civic and Social Membership Organizations
3. Community Service Uses
- Cultural and Civic Facilities
- Emergency Services
- Government Administration Facilities
- Post Offices _
- Schools, Business and Collegiate
4. Recreational Uses
- Parks and Playgrounds Open to the Public
5. Commercial Uses
a. Business Services
b. Commercial Services
C. Eating and Drinking Establishments
d. Furniture and Appliance Sales
e. Repair Services, Heavy
f. Repair Services, Light
g. Vehicular Sales, Service and Storage
- Automotive Parts Store
- Car Wash
- Commercial Parking Facilities
- Gasoline Service Station
- New and Used Vehicle Sales
h. Veterinary Clinic and Animal Hospital -.
6. Transportation Uses
- Bus and Railroad Passenger Facilities
-17-
JUL 24 1985 BOOK t64�
JUL 24 1985 **ORDINANCE N0. 85- ** BOOK P'Gr.641
7. Industrial Uses
a. Food and Beverage Production
- Bakeries, Wholesale
- Bottled and Canned Soft Drinks and Carbonated Beverages
- Candy and Other Confectionery Products
- Dairy Products
b. Furniture and Fixtures Manufacturing and Repair
C. Printing and Publishing Industries
8. Outdoor Advertising
9. Warehousing and Wholesale Trade
- Commercial and Industrial Warehousing Facilities
- Mini -Storage
- Moving and Storage Facilities
10... Marine Related Commercial Activities
- Commercial Marina
- Marine Repair and Service
Commercial Fishery
C. Uses Requiring Administrative Permits
The following uses.. -,shall. be permitted within the CH, Heavy Commercial
District, subject-to`the--specific Use criteria established in Section 25.1,
"Regulations for Specific Land Uses" and review procedures established in
Section 25.2, "Review of Uses Requiring Administrative Permits".
1. Agricultural-Uses'(Sec. 25.1(A))
Kennels and Animal Boarding Places, Commercial
2 Residential -Uses'`(Sec:f 25.1(C))
Accessory Housing for Nightwatchmen
3. Utility Uses (Sec. 25.1(S))
- Public and Private Utilities, Limited
4. Vehicular Sales, Service and Stora e*(Sec: 25.1 (V))
Used Vehicle Sales
D. Special Exception Uses
The following uses may be permitted within the CH, Heavy Commercial Dis-
trict, subject to the specific use criteria established in Section 25.1
"Regulations for Specific Land Uses" and review procedures established in
Section 25.3, "Regulation of Special Exception Uses".
I. Community Service Uses (Sec. 25.1(G))
Schools, Primary and Secondary
2. Commercial Uses
a. Commercial Amusements (Sec. 25.1 (D))
- . Drive-in Theatres and Other Unenclosed Commercial Amusements
b. General Merchandise Sales (Sec. 25.1(J))
- Auction Facilities
- Flea Markets
S
- **ORDINAMR. 85- **
3. Industrial Uses (Sec. 25.1(Q))
- Fruit and Vegetable Juice Extraction
- Fruit and Vegetable Packing Houses
E. Accessory Uses and Structures
As provided in Section 25(G), "Accessory Uses and Structures".
F. Dimensional Regulations
As provided in Table 20.1, herein, and Section 3.1, "Application of Dis-
trict Regulations".
G. Permitted Signage
As provided in Section 25(0), "Signs".
H. Walls and Fences
As provided in Section 25(I), "Walls and Fences".
I. Minimum Off -Street Parking and Loading Requirements
As established in Section 24, "Off -Street Parking and Loading Regulations".
J. Performance Standards for Nuisance Abatement
As established in Section 24.1, "Performance Standards for Nuisance Abate-
ment; Commercial and Industrial Uses".
K. Minimum Separation from Residential District
Where a nonresidential use within a CH district directly abuts a single
family or multi -family residential zoning district, a landscaped bufferyard
meeting the following specifications shall be required along the, side
and/or rear property lines.
Single Family Multi -Family
Zoning District Zoning District
Minimum Separation 40 ft. 35 ft.
Screening'Requirement Type A Type A
The bufferyard shall be measured at right angles to the lot line. All
screening requirements shall meet the standards established in Section 23.
No off-street parking or loading areas shall be permitted within the
bufferyard.
L. REQUIRED IMPROVEMENTS.
All future subdivisions and site plans for developments within the CH
zoning district shall provide the following improvements, designed and
constructed to the requirements and specifications in the Code of Laws and
Ordinances of Indian River County and the State of Florida:
1. Biekways (as specified in the County Bikeway Plan, as currently exists
or may hereafter be adopted).
2. Sidewalks.
3. Street lights.
-19- BOCK f'�{G� �
JUL 24 1995 6
r- . 'I
' AL 2 4 1985 **ORDINANCE NO. 85- ** BOOK 61 P;,j'r 643
TABLE 20.1: SIZE AND DIMENSION CRITERIA
CH ZONING DISTRICT
ZONING DISTRICT
CH
REGULATION
UNIT OF MEASURE
MINIMUM LOT SIZE
152000
Square Feet
MINIMUM LOT WIDTH
100
Feet
MINIMUM YARD
= Fron
- Side
- Rear
25
.0 / 10
10
Feet
MAXIMUM LOT COVERAGE
.40
% of Lot
MINIMUM OPEN SPACE
15
of Lot
MAXIMUM BUILDING HEIGHT
35
Feet
NOTES:' =
1• No side yard required if abutting non-residential- uses utilize
interconnecting parking areas, with approved access easements.
= **ORDIN . 85- **
SECTION 7
A new Section 21(A), entitled "IL: Light Industrial District", is hereby adopted
and shall read as follows:
SECTION 21(A) IL: LIGHT INDUSTRIAL DISTRICT
A. Purpose and Intent
The IL Light Industrial District is established to implement the Indian
River County Comprehensive Plan designations for commercial/industrial and
industrial nodes. The IL district is specifically intended to provide
opportunities for the development of light industrial uses. The IL dis-
trict is further intended to promote the establishment of employment
centers which are accessible to urban services and facilities, the area
labor force, and local industrial and business markets, while minimizing
the potential for any adverse impacts upon nearby properties.
B. Permitted Uses
In the IL, Light Industrial District, no building or structure shall be
erected, altered or used, except for one or more of the following. Outdoor
storage shall be permitted within the IL district as an accessory use.
Site plan review shall be required for all uses, pursuant to the provisions
of Section 23.
I. Agricultural Uses
- Farm Equipment and Supplies
- Kennels and Animal Boarding Places, Commercial
- Landscaping Services
- Plant Nurseries and Greenhouses
2. Community Service Uses
- Emergency Services
- Governmental Administration Facilities
- Post Offices
3. Recreational Uses _
- Parks and Playgrounds Open to the Public
4. Commercial Uses
a. Eating and Drinking Establishments
- Carry -out Restaurants
- Restaurants, including drive-ins
b. Commercial Entertainment, Recreation and Amusement
- Drive-in Theatres and Other Unenclosed Commercial Amusement
Facilities
C. Commercial Services
d. Marine Related Commercial Activities
e. Repair Services, Heavy
f. Vehicular Sales, Service and Storage
9•
h.
4
- Gasoline Service Stations
- Commercial Parking
- Car Wash _
- Auto Parts Sales
Veterinary Clinic and Animal Hospital
Repair Services, Light
-20
JUL 24 1985 - BOOK � POU 644
"ORDINANCE NO. 85- ** BOOK rl PAGE 645
Small Appliances
- Furniture
5. Industrial Uses
a. Apparel and Other Fabric Products
b. Chemical and Allied Products
- Drugs and Similar Pharmaceutical Supplies
C. Electrical and Electronic Equipment Manufacturing
d. Food and Beverage Products
- Dairy Products
- Bakery Products
- Bottled and Canned Soft Drinks and Carbonated Waters
- Candy and Other Confectionery Products
- Flavoring Extracts and Syrups
e. Furniture and Wooden Fixture Manufacturing
f. Measuring, Analyzing and Controlling Instruments
g. Printing and Publishing Industries
h. Textile Mill Products
i. Leather and Leather Products
6. ' Transportation Uses
- - -Bus and -Railroad Passenger Facilities
7. Uti l i ty Uses
Public and Private Utilities, Limited
8. Agricultural Uses (Sec. 25.1(A))
- Kennels and Animal Boarding Places, Commercial
9. Warehousing and Wholesale-Trade''
Commercial and Industrial Warehousing Facilities
Mini -Storage
Moving and Storage Facilities
C. Uses Reguiring'Administrative Permits
The following uses shall be permitted within the IL, Light Industrial
District, subject to the specific use criteria established in Section 25.1,
"Regulations for Specific Land Uses" and review procedures established in
Section 25.2, "Review of Uses Requiring Administrative Permits".
1. Residential Uses (Sec. 25.1(C))
Accessory Housing for Nightwatchmen
2. Industrial Uses (Sec. 25.1(Q))
a. Fabricated Metal Products
b. Food and Beverage Production
- Fruit and Vegetable Extraction
- Fruit and Vegetable Packing Houses
C. Lumber and Wood Products (other than furniture)
Structural Wood Members Construction
Wood Containers
Similar Wood Products
d. Machinery Manufacturing (except electrical)
- **ORDIN. 85- **
Small Machinery Manufacturing
- Refrigeration and Service Industry Machinery
Office Equipment Manufacturing
D. Special Exception Uses
The following uses may be permitted within the IL, Light Industrial Dis-
trict, subject to the specific use criteria established in Section 25.1
"Regulations for Specific Land Uses" and review procedures established in
Section 25.3, "Regulation of Special Exception Uses".
1. General Merchandise Sales (Sec. 25.1 (J))
- Auction Facilities
- Flea Markets
2. Transportation Uses (Sec. 25.1(R))
- Airports and Airstrips
- Heliports and Helipads
3. Utility Uses (Sec. 25.1(S))
- Public and Private Utilities, Major
E. Accessory Uses and Structures
As provided in Section 25(G), "Accessory Uses and Structures".
F. Dimensional Regulations
As provided in Table 21, herein, and Section 3.1, "Application of District
Regulations".
G. Permitted Signage
As provided in Section 25(0), "Signs".
H. Walls and Fences
As provided in Section 25(I), "Walls and Fences".
I. Minimum Off -Street Parking and Loading Requirements
As established in Section 24, "Off -Street Parking and Loading Regulations".
J. Performance Standards for Nuisance Abatement
As established in Section 24.1, "Performance Standards for Nuisance Abate-
ment; Commercial and Industrial Uses
K. Minimum Separation from Residential District
Where a nonresidential use within an IL district directly abuts a single
family or multi -family residential zoning district, a landscaped bufferyard
meeting the following specifications shall be required along the side
and/or rear property lines.
Single Family Multi -Family
Zoning District Zoning District
Minimum Separation 40 ft. 35 ft.
Screening Requirement Type A Type A
The bufferyard shall be measured at right angles to the lot line. All
screening requirements shall meet the standards established in Section 23.
-22- BOOK l f A E �� 6
JUL 24 19 .
"ORDINANCE NO. 85-
BOOK 6 PAGE 647
TABLE 21: SIZE AND DIMENSION CRITERIA
IL ZONING DISTRICT
**ORDIN. 85-
No
5 No off-street parking or loading areas shall be permitted within the
bufferyard.
L. REQUIRED IMPROVEMENTS.
All future subdivisions and site plans for developments, within the IL
zoning district shall provide the following improvements, designed and
constructed to the requirements and specifications in the Code of Laws and
Ordinances of Indian River County and the State of Florida:
1. Bikeways (as specified in the County Bikeway Plan, as currently exists
or may hereafter be adopted).
2. Sidewalks.
3. Street lights.
- 1
-23- BOOK F ,£ 648
JUL 24"1985 . �
FF,-
JUL 24 1985
SECTION 8
A new Section
**ORDINANCE NO. 85- ** BOOK 61 F,j�E 649
22(A), entitled "IG: General Industrial District", is hereby
adopted and shall read as follows:
SECTION 22(A) IG: GENERAL INDUSTRIAL DISTRICT
A. Purpose and Intent
The IG General Industrial District is established to implement industrial
node policies of the Indian River County Comprehensive Plan and to provide
areas where a broad range of industrial activities may locate and operate
without significant adverse impacts upon nearby properties. The IG dis-
trict is further intended to promote the establishment of employment
centers which are accessible to the transportation system and other neces-
sary urban services.
B. Permitted Uses
In the IG, General Industrial District, no building or structure shall be
erected, altered or used, except for one or more of the following. Outdoor
storage shall be permitted within an IG district as an accessory use. Site
plan review shall be required for all uses, pursuant to the provisions of
Section 23.
1. Agricultural Uses
- Agricultural Research Laboratories
- Farm Equipment and Supplies
- Fruit and Vegetable Juice Extraction
- Fruit and Vegetable Packing Houses
- Kennels and Animal Boarding Places, Commercial
- Landscaping Services
- Plant Nurseries and Greenhouses
2. Community Service Uses
- Emergency Services
- Governmental Administration Facilities
- Post Offices
3. Eating and Drinking Establishments
- Restaurants, excluding any curb service, drive-in, drive-through
or similar type establishment
4. Recreational Uses
- Parks and Playgrounds Open to the Public
5. Commercial Uses
a. Commercial Entertainment, Recreation and Amusement
- Auto Race Track
- Drive-in Theatres and Unenclosed Commercial Amusement
Facilities
b. Commercial Services
C. Repair Services, Heavy
d. Veterinary Clinic and Animal Hospital
e. Furniture and Fixture Manufacturing and Repair
6. Industrial Uses
a. Apparel and Other Fabric Products
b. Chemical and Allied Products
C. Electrical and Electronic Equipment
- **ORDINAW. 85- **
d. Fabricated Metal Products
e. Food and Beverage Products
f. Leather and Leather Products
g. Lumber and Wood Products
h. Machinery Manufacturing (except electrical)
i. Office Equipment Manufacturing
j. Measuring, Analyzing and Controlling Instruments
k. Miscellaneous Manufacturing Industries
1. Primary Metal Products
M. Printing and Publishing Industries
n. Rubber and Plastics Production
o. Stone, Clay, Glass and Concrete Products
p. Textile Mill Products
q. Tobacco Manufacturers
r. Transportation Equipment
7. Transportation Uses
- Bus and Railroad Passenger Facilities
- Heliports and Helipads
8. Utility Uses
- Public and Private Utilities, Limited
9. Warehousing and Wholesale Trade
- Commercial and Industrial.Warehousing Facilities
- Mini -Storage
- Moving and Storage Facilities
C. Uses Requiring Administrative Permits
The following uses shall be permitted within the IG, General Industrial
District, subject to the specific use criteria established in Section 25.1,
"Regulations for Specific Land Uses" and review procedures established in
Section 25.3, "Review of Uses Requiring Administrative Permits".
1. Residential Uses (Sec. 25.1 (C))
- Accessory Housing for Nightmatchmen
D. Special Exception Uses
The following uses may be permitted within the IG, General Industrial
District, subject to the specific use criteria established in Section 25.1
"Regulations for Specific Land Uses" and review procedures established in
Section 25.3, "Regulation of Special Exception Uses".
1. Vehicular Sales, Service and Storage (Sec. 25.1(V))
- Gasoline Service Station
2. Very Heavy Industrial Uses (Sec. 25.1(U))
- Ammunition, Armaments and Accessories Manufacturing
- Explosives Manufacturing
- Junk and Salvage Yards
- Petroleum and Natural Gas Refining and Related Industries
3. Transportation Uses (Sec. 25.1(R))
- Airports and Airstrips
4. Utility Uses (Sec. 25.1(S))
Public and Private Utilities, Major
E. Accessory Uses and Structures
As provided in Section 25(G), "Accessory Uses and Structures".
JUL 24 1985 -25- BOOK' ��,�r
1
rr'JUL 24 1985 **ORDINANCE NO. 85- **
BOOK 61 FAGE651
F. Dimensional Regulations
As provided in Table 22, herein, and Section 3.1, "Application of District
Regulations".
G. Permitted Signage
As provided in Section 25(0), "Signs".
H. Walls and Fences
As provided in Section 25(I), "Walls and Fences".
I. Minimum Off -Street Parking and Loading Requirements
As established in Section 24, "Off -Street Parking and Loading Regulations".
J. Performance Standards for Nuisance Abatement
As established in Section 24.1,"Performance Standards for Nuisance Abate-
ment; Commercial and Industrial Uses".
K. Minimum Separation from Residential District
Where a. nonresidential use within an IG district directly abuts a single
family or multi -family residential zoning district, a landscaped bufferyard
meeting the following specifications shall be required along the side
and/or rear.property lines.:-.
Single °Family Mu l ti -Fami ly
Zoning District Zoning District
Minimum Separation 50 ft. 35 ft.
Screening -Requirement Type A Type B
The bufferyard shall be measured at right angles to the lot line. All
screening requirements shall meet the standards established in Section 23.
No off-street parking or loading areas shall be permitted within the
bufferyard.
L. REQUIRED IMPROVEMENTS.
All future subdivisions and site -plans for developments within the IG
zoning -district shall provide the following improvements, designed and
constructed to the requirements and' -specifications in the Code of Laws and
Ordinances of Indian River County and the State of Florida:
1. Bikeways (as specified in the County Bikeway Plan, as currently exists
or may hereafter be adopted).
2. Sidewalks.
3. Street lights.
_ **ORDIN. 85- ** -
TABLE 22: SIZE AND DIMENSION CRITERIA
IG ZONING DISTRICT
ZONING DISTRICT IG
REGULATION UNIT OF MEASURF
MINIMUM LOT SIZE 15,000 Square Feet
MINIMUM LOT WIDTH 100 Feet
MINIMUM YARD
- Front 25
- Side 10 Feet
- Rearl 20 / 0
MAXIMUM LOT COVERAGE 40 % of Lot
MINIMUM OPEN SPACE 15 % of Lot
MAXIMUM BUILDING HEIGHT 35 Feet
NOTES:
1: No rear yard requirement if rear property line abuts a railroad track.
n
-26a- BOOK
JUL
24 1985
LC3
L1J
OCR
G_
AGRICULTURAL USES
"ORDINANCE N0. 85- **
CLASSIFICATION OF COMMERCIAL USES
z
MED ; CN CL CG
i
1
CH IL IG
- Agricultural Research Laboratories p
a - Farm Equipment and Supplies p p p
I ,
m
- Renneis and Hm mai Boarding
;
---
Places, Commercial
q
p
p
- Landscaping Services
p
p
p
p
- Plant Nurseries and Greenhouses
p
p
p
p
BUSINESS SERVICES
f
- Advertising Agency
P
j p
p
p
- Light Printing Reproduction and
Graphic Art Services
P
p
p
p
- Medical and Dental Equipment
_ and Supply Facilities
P p
; p
p
p
- Medical Research, Experimental
i
and Testing Laboratories
p
! p
p
p
-_ News Agency
p
p
p
p
- Office Equipment Sales
P
p
p
- Research and Development Laboratories
P
i p
p
p
p
p
_- Telephone and Utility Business Offices
P
p
p
p
- T.V. and Radio Broadcasting Facilities
P
i P
P
P
COMMERCIAL ENTERTAINMENT, RECREATION AND
AMUSEMENT (INCLUDING UNENCLOSED DRIVE-IN
ACTIVITIES).
- Motor Vehicle Race Track
i
p
- Drive-in Motion Picture Theatre and
Ln
Other Unenclosed Commercial Amusement
co
Facilities
S
p
P
_j
1
1
1
1
1
OCR MED CN CL CG CH IL IG
COMMERCIAL ENTERTAINMENT, RECREATION AND
AMUSEMENT(EXCL.DRIVE-IN THEATERS AND SIMILAR
UNENCLOSED COMMERCIAL AMUSEMENT ACTIVITIES).
- Bowling Alley, Billiard Halls and
Skating Rinks P P
Coin Operated Amusement Establishment P P
- Health and Exercise Studios S P
- Membership Sports and Recreation Clubs P P
Motion Picture Theatres P P
- Theatrical and Orchestra Productions P P
COMMERCIAL SERVICES
- Building Materials Sales and Lumberyards,
including Accessory Outside Storage
A P
P P
- Commercial and Industrial Laundries
P
P P
- Construction and Heavy Equipment Sales
and Rental
P
P P
- Contractors and Building Trades
P
P P
Freight Terminal Facilities
P
P P
Mini Storage Facilities
P
P P
Moving and Storage Facilities
P
P P
- Outdoor Advertising Services
P
P P
Warehousinq and Wholesale Trade
COMMUNITY SERVICE USES
- Business Schools, including Only
Business, Medical Secretarial and
Vocational Schools P P P P P
T Cultural and Civic Facilities A A a o
QD
C:)
a
co
Ln
00
C"
C-
- Auction Facilities Enclosed p p p
- Auction Facilities Unenclosed S
Department Store A p
Flea Market S S
_Furniture and Appliance Sales A p p
Showroom Catalog Stores A p
Variety Store a o
GENERAL OFFICE AND FINANCIAL SERVICES
- Automatic Teller Machines
- Banking and Financial Services
- Health Services excl. hospitals
-nursing homes and similar Instit
tional Uses
- insurance and Kea
to Services
P
P
P
I
P
G
P
y
P
INDUSTRIAL USES
L
co
_- Apparel and Other Fabric Production p p
- Bakeries, Wholesale p p p
Bottled and Canned Soft Drinks
CQ and Carbonated Beverages p p p
1
1
OCR MED CN CL
CG
CH
IL
IG
kn
EATING AND DRINKING ESTABLISHMENTS
p
Uj
-IsBars
and Lounges
S
p
``
Carry out Restaurants
S p p
p
p
p
p
Drive-in Restaurant
p
p
p
p
- Restaurants, excluding any curb
service, drive-in, drive-through
"
C)
or similar type establishment
S p p
p
p
p
p
0
.m
FURNITURE AND FIXTURES MANUFACTURING
AND REPAIR
p
p
p
GENERAL MERCHANDISE SALES
- Auction Facilities Enclosed p p p
- Auction Facilities Unenclosed S
Department Store A p
Flea Market S S
_Furniture and Appliance Sales A p p
Showroom Catalog Stores A p
Variety Store a o
GENERAL OFFICE AND FINANCIAL SERVICES
- Automatic Teller Machines
- Banking and Financial Services
- Health Services excl. hospitals
-nursing homes and similar Instit
tional Uses
- insurance and Kea
to Services
P
P
P
I
P
G
P
y
P
INDUSTRIAL USES
L
co
_- Apparel and Other Fabric Production p p
- Bakeries, Wholesale p p p
Bottled and Canned Soft Drinks
CQ and Carbonated Beverages p p p
1
1
1
OCR MED CN
CL CG
CH
IL
IG
- Candy and Other Confectionery
Products
P
P
P
- Chemical and Allied Production
(Drugs and Similar Pharmaceu-
tical Supplies)
Dairy Products
P
P
Electrical and Electronic
P
P
P
Equipment Manufacturing
Fabricated Metal Production
P
P
- Flavoring Extracts and Syrups
A
P
Fruit and Vegetable Juice Extraction
S
P
A
P
Fruit and Vegetable Packing Houses
S
S
A
P
Fruit and Vegetable Processing
P
- Measuring, Analyzing and
—
P
Controlling Instruments
Miscellaneous Manufacturing
P
P
Instruments
- Primary Metal Products
P
Printing and Publishing Industries
P
P
P
Rubber and Plastics Production
P
- Stone, Clay, Glass and Concrete ;
P
Products
- Textile Mill Products
P
- Tobacco Manufacturers
P
P
- Transportation Equipment
P
P
INSTITUTIONAL USES
- Cemeteries
- Child and Adult Care Facilities A P A
P P
- Civic and Social Membership
Organizations P P
P P
Hospitals, General and Specialty P
- Nursing Homes, Rest Homes, Conva-
lescent Homes, and Homes for the
w
1
L
ENO
La
0
0
m
_- uitt and Specialty Shops
OCR MED
CN
CL
CG CH IL IG
p p
p
p
Hardware and Garden Supplies
p
p
LEATHER AND LEATHER PRODUCTS PRODUCTION
Home Furnishings and Appliances
p p
p
LIMITED RETAIL SALES
A
p
p
- Package Liquor Store
- Book Store and Stationery p
p
p
p
p
Business Machine Sales
p
p
p
_- Clothing and Accessories Sales
p
p
p
C:)
- Commercial Bakery, Candy and
m
Confectioner Establishments
p
p
p
Drug Store A
A
p
p
- Florist p
p
p
p
- Food and Grocery Sales
D
o
_- uitt and Specialty Shops
p
p
p
Greeting Card Shops
p p
p
p
Hardware and Garden Supplies
p
p
p
Home Furnishings and Appliances
p
p
Miscellaneous Retail
A
p
p
- Package Liquor Store
S
p
p
- Small Appliance and Accessories
Sales
p
p
p
LUMBER AND WOOD PRODUCTS (OTHER
THAN FURNITURE)
- Wood Product Production A p
- Structural Wood Members Construc-
tion A P
- Wood Containers G o
MACHINERY MANUFACTURING (EXCEPT
ELECTRICAL)
_Office Equipment Manufacturing A P
Refrigeration and Service Industry
Machinery A P
LO - Smail Macninery Manufactur
00
C"
V—
ltdq
J
C�
IL
1
OCR MED CN CL CG CH IL IG
a
MARINE RELATED COMMERCIAL ACTIVITIES
- Boat Sales and Rental A P P
- Commercial Marina A P P
Marine Repair and Service A P P P
Commercial Fishery R n .,
OUTDOOR ADVERTISING SERVICES P P P
PERSONAL SERVICES o
m
- Barber Shop p
p
p
P
Beauty Shop P
p
p
P
Funeral Home
- Tire Repair
P
- Photo Studios P
p
p
P
- Self -Serve Laundry and/or Pick-up
P
p
p
Facilities
p
p
P
- Auto Body Repair and Painting
- Shoe Repair Shop
P
p p
P
_ Similar Repair Services
RECREATIONAL USES
P
P
- Tire Repair
- Beach Clubs
i
p
p
P
Welding
- Golf Courses and Country Clubs
P
p
p
- Parks Open to the Public
Sports and Recreation Areas and
Facilities
P P
P
P P
P
P P P P
P
- Tennis Facilities
P
p
P
- Yacht Clubs
P
p
P
- Marinas
p
p
P
REPAIR SERVICES, HEAVY
- Auto Body Repair and Painting
P
P
P
_ Similar Repair Services
P
P
P
- Tire Repair
P
P
P
Welding
P
P
P
LO
co
M
C
- Hotel and Motel Facilities p p
- Recreational Vehicle Park
- Time -Share Developments p p
TRANSPORTATION USES
Airports and Airstrips S S
Bus and Railroad Passenger Facilities p p p P
Heliports and Helipads S P
UTILITY USES
- Public and Private Utilities,
Limited A A A A A A P P
- Public and Private Utilities,
Major
S S
VERY HEAVY INDUSTRIAL USES
co
CY)- Ammunition, Armaments and
Accessories ManufacturingS
Explosives Manufacturing S
C -Junk and Salvage Yards S
--J - Petroleum and Natural Gas
Refining and Related Industries S
1
OCR MED CN
CL
CG
CH IL IG
REPAIR SERVICES, LIGHT
wj
r
- Jewelry, Watch, and Clock Repair
p
p
p
�-1
- Small Appliances, Furniture
p
p
p P
Co
- Photographic and Electronic Repair
p
p
p
RESIDENTIAL USE
0
0
®°
- Accessory Housing for
Nightwatchmen
A A A
- Duplex
p
-_Multiple Family Dwellings
P A A
A
A
_- Planned Residential Development
S S S
S
S
- Single Family Dwelling
P
TOURIST COMMERCIAL ACTIVITIES
- Hotel and Motel Facilities p p
- Recreational Vehicle Park
- Time -Share Developments p p
TRANSPORTATION USES
Airports and Airstrips S S
Bus and Railroad Passenger Facilities p p p P
Heliports and Helipads S P
UTILITY USES
- Public and Private Utilities,
Limited A A A A A A P P
- Public and Private Utilities,
Major
S S
VERY HEAVY INDUSTRIAL USES
co
CY)- Ammunition, Armaments and
Accessories ManufacturingS
Explosives Manufacturing S
C -Junk and Salvage Yards S
--J - Petroleum and Natural Gas
Refining and Related Industries S
1
r
OCR MED CN CL CG CH IL IG
1
1
C�
E
0
0
VETERINARY CLINIC OR ANIMAL HOSPITAL
A
A
p
p p
VEHICULAR SALES, SERVICE AND STORAGE
- Automotive Fuel Sales
A A
- Automotive Parts Stores
p
p
p
p
- Car Wash
p
p
p
- Commercial Parking Facilities
p
p
p
p
Gasoline Service Stations, Fuel Sales
A
p
P
P S
- New and Used Vehicle Sales
p
p
- Used Vehicle Sales
S
A
1
1
C�
E
0
0
r JUL 24 1985
"ORDINANCE NO. 85- 63 BOOK
SECTION 10
INCORPORATION IN CODE
1 PAGE 661
The provisions of this ordinance shall be incorporated into the
County Code and the word "ordinance" may be changed to "section",
or other appropriate word, and the sections of this ordinance may
be renumbered, reserved or relettered to accomplish such in-
tentions.
SECTION 11
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word of
this ordinance is for any reason held to be unconstitutional,
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 unconsti-
tutional, invalid or inoperative part.
SECTION 12
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of Official Acknowl-
edgement 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 24th day of July
1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
,,D
DON C. SCU OCK�
`•� Vice Chairman
Board of County Commissioners
Acknowledgment by the Department of State of the State of Florida
thislst day of August , 1985.
Effective Date: Acknowledgment from the Department of State
received on this 5th day of August , 1985, at1'0;00-A-.'M. /P.M. and
filed in the office of the Clerk of the Board of County Commis-
sioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
BRUCE BARKETT, ASSISTANT COUNTY ATTORNEY
•�` ` i **ORDINO. 85- **
TABLE OF CONTENTS
SECTION 18(A) OCR: OFFICE, COMMERCIAL AND RESIDENTIAL DISTRICT
SECTION % A).1 MED: MEDICAL DISTRICT
SECTION2
Page
SECTION1 ............................................................
1
A.
Purpose and Intent ..............................................
1
B.
Permitted Uses ..................................................
1
B.
1. Residential Uses ...........................................
2. Institutional Uses
1
.........................................
3. Community Service Uses
1
.....................................
4. Recreational Uses
1
..........................................
5. Commercial Uses
2
............................................
2
C.
Uses Requiring Administrative Permits ...........................
2
a. General Office and Financial Uses ......................
4
1. Institutional Uses .........................................
2
2. Community Service Uses
4
.....................................
3. Utility Uses ...............................................
2
C.
Uses Requiring Administrative Permits ...........................
2
D.
Special Exception Uses 0000............0...0.0.0
2
.................
5
1. Residential Uses ...........................................
2. Community Service Uses
2
.....................................
2
E.
Accessory Uses and Structures ..........00.......0.0
3
.............
5
D.
1. Authorized Accessory Retail Uses ...........................
3
.............
F.
Dimensional Regulations .........................................
3
G.
Permitted Signage ..........................................
0....
3
H.
Walls and Fences ................................................
3
I.
Minimum Off -Street Parking and Loading Requirements .............
3
J.
Performance Standards for Nuisance Abatement ....................
3
K.
Minimum Separation from Residential District ......o......o..o..o
3
L.
Required Improvements . ....................................
13
SECTION % A).1 MED: MEDICAL DISTRICT
SECTION2
............................................................
4
_ A.
Purpose and Intent ..............................................
4
B.
Permitted Uses
...................................................
4
I. Institutional Uses .........................................
4
2. Community Service Uses
.....................................
3. Recreational Uses
4
..........................................
4. Commercial Uses
4
............................................
4
a. General Office and Financial Uses ......................
4
b. Business Services
....................................
C. Limited Retail Sales
4
..................................
4 _
C.
Uses Requiring Administrative Permits ...........................
5
1. Residential Uses ...........................................
5
2. Institutional Uses
.......................................
3. Community Service Uses .....................................
5
5
4. General Office Uses
........................................
5. Utility Uses
5
...............................................
5
D.
Special Exception Uses.............................
5
.............
JUL
24 1985 Boos FrcF.
6� .
FF" 11-11
C
4 1985
**ORDINANCE NO. 85- ** BOOK 61 Fr,,UE 663
Page
1. Residential Uses ........................................... 5
2. Community Service Uses ..................................... 5
3. Eating and Drinking Establishments ......................... 5
E. Accessory Uses and Structures .................................... 5
F. Dimensional Regulations .......................................... 5
G. Permitted Signage ................................................ 5
H. Walls and Fences ................................................. 5
I. Minimum Off -Street Parking and Loading Requirements .............. 5
J. Performance Standards for Nuisance Abatement ..................... 6
K. Minimum Separation from Residential District ..................... 6
L. Required Improvements 0000 ..................0..0.0.0.............. 6
SECTION 18.2 CN: NEIGHBORHOOD COMMERCIAL DISTRICT
SECTION3.............................................................
7
A.
Purpose and Intent ..................................0000.........
7
B.
Establishment of Neighborhood Commercial Nodes ...................
7
1. Request for Node Establishment ..............................
7
2. Application and Fee .........................................
7
3. - Review Procedures
7
...........................................
4. Approval by the County Commission ...........................
7
5. Standards for Neighborhood Commercial Node
Establishment
7
...............................................
C.
Permitted Uses ...................................................
8
1. Institutional Uses
8
..........................................
2. Community Service Uses ......... .- ............................
9
3. Commercial Uses
.............................................
9
D.
Uses Requiring Administrative Permits ............................
9
1. Residential Uses
9
............................................
2. Institutional Uses
..........................................
3. Community Service Uses ......................................
9
9
4. Utility Uses ................................................
9
5. Vehicular Sales, Service and Storage ........................
9
E.
Special Exception Uses ...........................................
9
I. Residential Uses
.............................................
2. Community Service Uses .......................................
10
10
F.
Accessory Uses and Structures
10
....................................
G.
Dimensional Regulations ..........................................
10
H.
Permitted Signage ................................................
10
I.
Walls and Fences .................................................
10
J.
Minimum Off -Street Parking and Loading Requirements ..............
10
K.
Performance Standards for Nuisance Abatement .....................
10
L.
Minimum Separation from Residential District .....................
10
M.
Required Improvements
............................................
10
**ORDINMOO. 85- **
L 24 1985 BOOK. 61 F, ,r 664
Page
SECTION 19(A) CL: LIMITED COMMERCIAL DISTRICT
SECTION4 ............................................................
11
A.
Purpose and Intent ..............................................
11
B.
Permitted Uses ..................................................
11
1. Institutional Uses .........................................
2. Community Service Uses
11
.....................................
11
3. Recreational Uses
...........................................
4. Commercial Uses
11
.............................................
11
C.
Uses Requiring Administrative Permits
....................
12
1. Commercial Uses
.............................................
2. Residential Uses
12
.................................. ..........
3. Utility Uses
12
_
.................. . ............ .................
4. Vehicular Sales, Service.and Storage
12
........................
12
D.
Special Exception Uses
................................ ...........
12
1. Residential Uses
..............................0.............
2. Community Services Uses
12
;.
.....................................
3. Eating and Drinking Establishments
12
..........................
4. General Merchandise Sales
12
:_..
...................................
5. Institutional Uses
12
..........................................
12
E.
Accessory Uses -and Structures::...........0..............0.......
13
F.
Dimensional Regulations ..........................................
13
G.
Permitted Signage ................................................
13
H.
Walls and Fences
•
.................................................
13
I.
Minimum Off -Street Parking and Loading Requirements
J.
Performance Standards for Nuisance Aba-tement.................... ..
13
K.
Minimum Separation from Residential District
.....................
13
L.
Required Improvements ..
...... .. ... ... .............
SECTION 20(A) CG: GENERAL COMMERCIAL DISTRICT
13
SECTION5
........................................ ....................
14
A.
Purpose and Intent
..............................................
14
B.
Permitted Uses
........................................ ...,.......
14
1. Agricultural Uses ..........................................
2. Institutional Uses
14
.........................................
3. Community Service Uses
14
........................... .......:..
4. Recreational Uses
14
..............................
5. Commercial Uses
14
............................................
6. Transportation Uses ........................................
14..,,,
15
C.
Uses Requiring Administrative Permits
...........................
15
I. Residential Uses
...........................................
2. Commercial Uses
15
............................................
3. Commercial Services
15
........................................
4. Marine Related Commercial Activities
15
.......................
5. Utility Uses
15
...............................................
15
D.
Special Exception Uses ..........................................
15
I. Residential Uses ..........................
15
............ .....
2. Community Service Uses .....................................
3: Institutional
15
uses .........................................
16
L 24 1985 BOOK. 61 F, ,r 664
'JUL24 1995
**ORDINANCE NO. 85- ** BOOK 61 Ft:GF.6
Page
4. General Merchandise Sales .................................. 16
5. Vehicular Sales, Service and Storage ....................... 16
6. Industrial Uses ............................................ 16
E. Accessory Uses and Structures ................................... 16
F. Dimensional Regulations ......................................... 16
G. Permitted Signage ............................................... 16
H. Walls and Fences ................................................ 16
I. Minimum Off -Street Parking and Loading Requirements ............. 16
J. Performance Standards for Nuisance Abatement ..................... 16
K. Minimum Separation from Residential District ..................... 16
L. Required Improvements ............................................ 16
SECTION 2O(A).1 CH: HEAVY COMMERCIAL DISTRICT
SECTION6 .....................................................:0000...
17
A.
Purpose and Intent ..............................................
17
B.
Permitted Uses ..................................................
17
1. Agricultural Uses ..........00.01.........6
17
.................
2. Institutional Uses
.........................................
3. Community Service Uses
17
.....................................
4. Recreational Uses
17
..........................................
5. Commercial Uses
17
............................................
6. Transportation Uses
17
........................................
7. Industrial Uses
17
.............................................
8. Outdoor Advertising ...........:.......0...........0.......0
18
18
9. Warehousing and Wholesale Trade ............................
18
10. Marine Related Commercial Activities .......................
18
C.
Uses Requiring Administrative Permits .....0........0............
18
1. Agricultural Uses............................0.............
18
2. Residential Uses
............0..............................
3. Utility Uses
18
...............................................
4. Vehicular Sales, Service and Storage .......................
18
18
D.
Special Exception Uses ..........................................
18
1. Community Service Uses .....................................
19
2. Commercial Uses
............................................
3. Industrial Uses
19
............................................
19
E.
Accessory Uses and Structures ...................................
19
F.
Dimensional Regulations .........................................
19
G.
Permitted Signage ...............................................
19
H.
Walls and Fences ................................................
19
I.
Minimum Off -Street Parking and Loading Requirements .............
19
J.
Performance Standards for Nuisance Abatement 00........0...0.....
19
K.
Minimum Separation from Residential District 0.....0......0.....0
19
L.
Required Improvements
..................
**ORDIN. 85- **
Page
B. Permitted Uses .................................................. 24
SECTION 21(A) IL: LIGHT INDUSTRIAL DISTRICT
Agricultural Uses ...........................................
A.
Purpose and Intent ..............................................
20
B.
Permitted Uses ..................................................
20
3.
1. Agricultural Uses ..........................................
20
2. Community Service Uses
.........................
Recreational Uses
24
.....................................
3. Recreational Uses
20
..........................................
Commercial Uses
..........................................
4. Commercial Uses
20
6.
............................................
5. Industrial Uses
20
............................................
6. Transportation Uses
21
24
........................................
7. Utility Uses
21
........................................
Utility Uses ...............................................
..............................................
8. Agricultural Uses ....................................
21
9.
9. Warehousing and Wholesale Trade
21
..........................
21
C.
Uses Requiring Administrative Permits
Uses
Requiring Administrative Permits ...........................
.......................
21
I. Residential Uses
............................................
2. Industrial Uses
21
25
............................................
21
D.
Special Exception Uses ...............................
I.
Vehicular Sales, Service and Storage .......................
25
22
2.
1. General Merchandise Sales
25
:.
..................................
2. -Transportation. Uses
22
.............. ..................:.......
3. Utility Uses
22
........................................
Utility Uses
...............................................
22
E.
.Accessory Uses and Structures ..........................
25
JUL 24
1985
F.
Dimensional Regulations
.........................................
22
G.
Permitted Signage .....................................
H.
Walls"and Fences
.................................................
22
I.
Minimum.Off-Street.Parking and Loading Requirements. .............
22
J.
Performance Standards for Nuisance Abatement .....0..........0.0.
22
K.
Minimum Separation from Residential District ....................
22
L.
Required Improvements.,,,,,,,,,,,,,,,,,,,
„ ,
23
SECTION 22(A) IG: GENERAL INDUSTRIAL DISTRICT.
SECTION8
............................................................
24
A.
Purpose and Intent
...............................................
24
B. Permitted Uses .................................................. 24
I.
Agricultural Uses ...........................................
24
2.
Community Service Uses
3.
.....................................
Eating and Drinking Establishments
24
4.
.........................
Recreational Uses
24
5.
..........................................
Commercial Uses
24
6.
.........................................
Industrial Uses
24
7.
............................................
Transportation Uses
24
8.
........................................
Utility Uses ...............................................
25
9.
Warehousing and Wholesale Trade
25
............................
25
C.
Uses
Requiring Administrative Permits ...........................
25
1.
Residential Uses ...........................................
25
D.
Special Exception Uses ..........................................
25
I.
Vehicular Sales, Service and Storage .......................
25
2.
Very Heavy Industrial Uses .................................
25
3.
Transportation Uses
4.
........................................
Utility Uses
25
...............................................
25
JUL 24
1985
j1. 24 �9�5 **ORDINANCE NO. 85- ** BOOK � f'+' E667
Pa4e
E. Accessory Uses and Structures ................................... 25
F. Dimensional Regulations ......................................... 26
G. Permitted Signage ............................................... 26
H. Walls and Fences ................................................ 26
I. Minimum Off -Street Parking and Loading Requirements ............. 26
J. Performance Standards for Nuisance Abatement .................... 26
K. Minimum Separation from Residential District .................... 26
L. Required Improvements ........................................... 26
SECTION 25.1 REGULATIONS FOR SPECIFIC LAND USES
SECTION9
............................:................................
27
25.1A.
AGRICULTURAL USES
27
..........................................
1.
Agricultural Businesses .....................................
27
2.
Agricultural Industries ....................................
27
3.
Agricultural Research Facilities ...........................
28
4.
Dairy Farming ..............................................
28
5.
Kennel or Animal Boarding Place, Commercial ................
28
6.
Kennels and animal Boarding Places, Noncommercial ..........
_
29
7.
Nurseries and Greenhouses, Noncommercial ...................
30
.8.
Small Animal Specialty Farms ...............................
30
9.
Stables, Noncommercial .....................................
30
10.
Tenant Dwellings ...........................................
31
25.18
COMMERCIAL SERVICES
31
.........................................
1.
Building Material Sales and Lumberyards ....................
32
25.1C
RESIDENTIAL USES ...........................................
32
I.
Guest Cottages .............................................
32
2.
Mobile Homes
3.
...............................................
Zero Lot Line, Detached
32
4.
....................................
Accessory Housing for Nightwatchmen ........................
33
33
5.
Multiple Family Dwellings ...................................
34
6.
Planned Residential Development .............................
35
25.1D
COMMERCIAL ENTERTAINMENT, RECREATION AND AMUSEMENT (IN-
CLUDING UNENCLOSED DRIVE-IN ACTIVITIES) ......................
35
I.
Drive-in Motion Picture Theatre and Other Unenclosed
Commercial Amusement Facilities .............................
35
25.1E
COMMERCIAL ENTERTAINMENT, RECREATION AND AMUSEMENTS
(EXCLUDING DRIVE-IN THEATERS AND SIMILAR UNENCLOSED
COPMIERCIAL AMUSEMENTS ACTIVITIES) ...........................
36
1.
Health and Exercise Studios .................................
36
25.1F
INSTITUTIONAL USES
..........................................
36
1.
Child Care or Adult Care Facilities.........................
36
2.
Group Homes: Level II, III and Residential Centers ..........
37
3.
Places of Worship ...........................................
38
4.
Total Care Facilities
5.
.................. ......... .........
Nursing Homes, Rest Homes, Convalescent Homes and Homes
39
6.
for the Aged ................................................
Civic and Social Membership Organizations
40
...................
40
**ORDIN. 85- **
Page
25.1G COMMUNITY SERVICE USES ...................................... 40
1. Correctional Institutions ................................... 40
2. Cultural or Civic Facility .................................. 40
3. Schools, Primary and Secondary ................................ 41
4. Governmental Administration Building ........................ 42
25.1H. EATING AND DRINKING ESTABLISHMENTS .......................... 42
1. Bars and Lounges ............................................ 42
2. Carry -Out Restaurants and Restaurants, Excluding Curb
Service, Drive -In, Drive -Through and Similar Type
Establishments .............................................. 43
25.1I.
GENERAL OFFICE AND FINANCIAL USES ...........................
43
47
3.
...........................................
Marine Repair Service.
1.
General Offices
Commercial
2.
............................................
Professional Offices and Insurance and Real
43
EstateServices .............................................
44
25.1J.
GENERAL MERCHANDISE SALES ...............................
44
1.
Auction.Facilities,.Unenclosed ...............................
44
2.
Department Store, Furniture and Appliance Sales,
Showroom Catalog Stores, and Variety Store ..................
44
3.
Flea Market
.................................................
45
25.1K.
LIMITED RETAIL SALES.:......................:..........0....
45
1.
2.
Drug Stores .................................................
Miscellaneous Retail
45
3.
........................................
Package Liquor Store
45
........................................
46
25.1L.
LUMBER AND WOOD PRODUCTS (OTHER THAN FURNITURE). .............
46
1.
Wood Production, -Structural Wood Members Construction
and Wood Containers .........................................
46
25.1M.
MACHINERY MANUFACTURING (EXCEPT ELECTRICAL) .................
47
I.
Office Equipment Manufacturing, Refrigeration and Service
Industry Machinery and Small Machinery Manufacturing ........
47
25.1N:
MARINE .RELATED COMMERCIAL ACTIVITIES
.......:................
47
I.
2.
Boat Sales
Commercial
and Rental .......................................
Marina
47
3.
...........................................
Marine Repair Service.
47
4.
Commercial
-and ......................... ......:...
Fisheries
48
........................................
48
25.10.
RECREATION
USES .......
.......................................
49
I. Country Clubs ............................................... 49
2. Golf Courses and Accessory Facilities ....................... 50
3. Major Sports and Recreation Areas and Facilities ............ 50
4. Parks and Playgrounds Open to the Public ..................... 51
5. Tennis Facilities and Beach Clubs 52
6. Yacht Clubs .................................................. 52
COMMERCIAL USES .............................................. 52
Fruit and Vegetable Stands. . ... 52
Veterinary Clinic or Animal Hospital .........................
52
INDUSTRIAL USES ................... 53
...........................
Fabricated Metal Products .................................... 53
................
JUL 4 1985 -vii- BOOK r;,rC 6
J� UL 24 195
"ORDINANCE NO. 85- ** BOOK 61 P'GF 669
Page
2.
Fruit and Vegetable Juice Extraction and Packing Houses ......
53
25.1R.
TRANSPORTATION USES
54
..........................................
1.
Airports and Airstrips .......................................
54
2.
Heliports and Helipads.......................................
55
25.1S.
UTILITY USES .................................................
55
I.
Public and Private Utilities, Major .........................
55
2.
Public and Private Utilities, Limited ........................
56
3.
Transmission Towers (Radio, T.V. and Microwave) ..............
57
25.11'.
EARTHMOVING USES .............................................
57
25.1U.
VERY HEAVY INDUSTRIAL USES
57
...................................
I.
Junk and Salvage Yards .......................................
57
25.1V.
VEHICULAR SALES, SERVICE AND STORAGE .........................
58
1.
Automotive Fuel Sales ...............................:........
58
2.
Gasoline Service Stations .....................................
• 58
3.
Used Vehicles Sales
..........................................
59
HUMANE SOCIETY - REQUEST FOR PREMATURE CERTIFICATE OF OCCUPANCY
Joan Carlson, Executive Director of the Humane Society, came
before the Board to discuss the request set out in the following
letter:
305.567-2324
HUMANE SOCIETY OF VERO BEACH, FL., INC.
P.O. BOX 644 • VERO BEACH • FLORIDA • 32960
July 10, 1985
Mr. Michael Wright
County Administrator
1840 25th Street
Vero Beach, Florida 32960
Dear Mike,
As per our phone conversation of June 20th, 1985, I am requesting
that the County Commission provide the Humane Society with the necessary
approval which will permit the Society to obtain a Certificate of Occupancy
for our new animal shelter without the Society completing the County's
landscape requirements at this time.
The new shelter will be completed within the next week, at that time
the site will have been sodded and a sprinkler system installed. However,
due to limited funds, we will not have the required number of trees and
other plantings as indicated on our original site plan.
It is our intention to meet the County's requirements within the
coming year through the donation of plantings and volunteer help.
As you know, the new shelter is vitally needed at this time. A
delay in occupancy would create additional operating expense for the
Society.
Please let me know if you need any additional information.
Thank you.
S7ncel ,
L v 2--,
Joan Carlson
Mrs. Carlson gave the Board members a copy of the landscape
plan for the building, noting that in their drive to raise
donations for the facility, landscaping was not their main
priority. She reported that they have talked to several garden
clubs in the area; one in particular has offered to take the
25
JUL 24 1985 BOOK F�cc i
J U L 24
1985
BOOK
61 PAGE 671
Humane Society on
next year as one of their projects
and will
help with the funding and the actual planting. Mrs. Carlson
emphasized that the sod and sprinkler system are completed and
all that remains are the trees and plants.
Vice Chairman Scurlock noted that this request puts the
Commission in a difficult position. We just went through a
similar process with Reverend Tipton's church and required them
to put money in escrow for the completion of their landscaping,
and we really don't have the ability to differentiate between a
public activity such as the Humane Society or a community
situation.such as, the church where there generally are volunteer
efforts involved. The Vice Chairman felt many developers would
like to be able to phase their landscaping in over an extended
period of time and asked Director Keating if he knew of an
approach whereby we could deal with this and be consistent.
Director Keating did agree this could be considered unfair
to developers, and if we are going to differentiate, he felt it
should be spelled out in the ordinance. He pointed out that when
the ordinance was passed, the Commission obviously felt
landscaping was an important part of the entire development
because they directed staff to monitor sites one year after
occupancy to be sure the landscaping was being maintained.
The Vice Chairman inquired if the county has given itself
any slack on our own projects, and Administrator Wright confirmed
that we have not; the only exception is the landscaping at the
jail, which will be particular to the special nature of that
institution.
Commissioner Bird asked if the Humane Society felt they
needed a year to do this through donations, etc.
Mrs. Carlson felt they would. She emphasized that they do
not want to be an exception, but they do operate a vital
community service, and they had hoped to be able to start up
operations at the new facility and be open to the public by
August 30th.
26
� - r
Commissioner Bird then asked if they had any estimates on
the landscaping, and Mrs. Carlson explained that when they
originally went out for bids, they took the landscaping out
because they hoped to be able to accomplish this through garden
clubs and community help.
Considerable discussion ensued as to finding some way to
create a vehicle whereby a civic governmental type organization
would be able to put up a bond for landscaping requirements.
Administrator Wright felt the problem is differentiation and
that we would be faced with non-profit organizations, civic
groups, churches, etc., all wanting the same privilege.
The Vice Chairman asked County Attorney Vitunac if there is
any way to differentiate legally between this type of organiza-
tion and others as it actually is an extension of county
government that we don't have to pay for in a sense; although, we
do contribute.
Attorney Vitunac did not think any distinction based on the
financial capabilities or the tax status of the organization will
be good in zoning, but he noted that under Sec. 131-25, there is
a variance procedure which says the applicant should go before
the Planning S Zoning Board, and he did not know why that had not
been used.
Vice Chairman Scurlock explained that the Board has had some
on-going controversy with developers who did not carry through on
implementing these landscape requirements and he felt strongly,
because of the problems we have had in the past, that this should
come to the Board.
Discussion continued in regard to having this request
considered by the Variance Board, the need for a definite
timeframe, the need for some type of financial security, etc.,
and Attorney Vitunac stated that financial difficulty is not a
bona fide basis for the Variance Board to consider.
Paul Domico, interested citizen, asked Mrs. Carlson if the
occupancy of the new animal shelter facility will in any way
27
UL 2 4 1985 BOOK 61 �F. 672
24 1985
BOOK 61 Fact 673
decrease the necessity for euthanasia of the pets as he felt if
that were true, it would be a valid reason for consideration of a
variance.
Mrs. Carlson confirmed that since they will have more
capacity at the new facility, it will decrease the need for
euthanasia to some extent. She further informed the Board that
they are operating under a tremendous handicap lately - they have
sold their property and won't be leasing it back until they
actually move; so, that will be an additional expense.
Vice Chairman Scurlock asked Attorney Vitunac if he felt
this case is unique enough to differentiate under law between
this situation and general developers.
Attorney Vitunac felt it might be appropriate to grant this
request with the understanding that Planning Director Keating
will look into this whole situation re some way to make it easier
to get a variance. Possibly this case could be put in a new kind
of structure so it wouldn't set a precedent for people who run
out of money.
Commissioner Bird expressed his inclination to help the
Humane Society, but did not feel we can be too open handed. He
believed we could set some timetable for the completion of the
landscaping requirements, but not a year.
Commissioner Wodtke concurred that he also would like to
help but was concerned about setting a precedent. He felt sure
the Humane Society understood when they had their site plan
approved, that in order to get a C.O., they would have to
complete that site plan.
Discussion ensued as to possible solutions to enable the
Humane Society to get their facility into operation, and
Commissioner Bird suggested the Humane Society take their
landscaping plan to a local landscape company and get a firm
price for the portion remaining to be completed; then post a bond
with the county for that amount, and possibly we could give them
60 or 90 days to get those improvements in place.
28
� s �
Commissioner Bowman noted that she would like to see the
Society go to the various service groups in town and raise money
or in-kind contributions. She pointed out that the Jaycees did a
tremendous job on the train station, and she also believed there
are people in town who will donate trees, plants, etc. She did
not see why the job couldn't be completed in six weeks and would
like to see this done as quickly and cheaply as possible.
Commissioner Bird felt there will be good response to such
requests as the Humane Society is a popular and very much needed
agency, but he did feel that we need to cover our tracks and
establish some kind of procedure.
Mrs. Carlson inquired if there is some flexibility in regard
to the trees specified, i.e., carrotwood, bottle brush, etc., and
the Administrator and staff confirmed that they are flexible in
regard to changing types of trees.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
directed the Humane Society to obtain a cost
estimate to complete their landscaping plan from
a recognized company and to post a bond equal
to the amount needed to cover those improvements;
the Board then will grant them a 90 day extension
to complete those improvements based on the fact
that there is a lifesaving factor involved and a
critical need that the facility get on line as soon
as possible; a Certificate of Occupancy to be
issued upon staff's approval of the estimate and
plan for completing the landscaping and the
Attorney's approval of the bond to be posted.
29
JUL 24 1985
BOOK 'AF—F.674
6
Fr- I
JUL 24 1985
BOOK 61 G
FAE J
PUBLIC HEARING - AMEND ZONING ORDINANCE ESTABLISHING GENERAL
OFFICES AS A SPECIAL EXCEPTION USE IN RM -6, RM -8 8 RM -10
The hour of 10:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
- attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
_ a
in the matter of LoPMA
in the Court, was pub-
lished in said newspaper in the issues ofU 1 3, /&/, 4M�
`�tysllt4i�f(�t�i said Vero Beach Press -Journal is a newspaper published at
Affiant fr{gt
Vero Beacl¢� i )'i1 In qa rpt er County, and that the said newspaper has heretofore
been cop'ti ui�tr,?y puo,lish�d(i�/,a d Indian River County, Florida, weekly and has been entered
as second 91,01ss mail mattel' at, tSlg%
TO: The Honorable Members DATE: July 12, 1985 FILE:
of the Board of County
Commissioners
"DIVISION HEAD CONCURRENCE: AMENDMENT TO ZONING
SUBJECT: ORDINANCE TO ESTABLISH
GENERAL OFFICES AS A
Ro ert M. Keat g, CP SPECIAL EXCEPTION USE
§`Planning & Development Director IN THE RM -6, RM -8 & RM -10
' DISTRICTS
+16
"''FROM -Richard Shearer, AICP REFERENCESGeneral offices BCC Memo
Chief, Long -Range Planning - CHIEF
It is requested that the data herein presented be given formal
consideration by the Board* of County Commissioners at their
regular meeting of July 24, 1985.
DESCRIPTION& CONDITIONS
The Planning Department is proposing an amendment to the Zoning
Ordinance to establish general offices as a special exception use
in the RM -6, RM -8 and RM -10, Multiple -Family Residential Dis-
tricts.
On January 9, 1985, the Board of County Commissioners and Plan-
ning and Zoning Commission held a joint workshop to discuss the
possibility of allowing offices as a special exception use in a
few multiple -family residential districts. The general consensus
of individuals at the workshop was that the County should permit
offices as a special exception use in multiple -family districts
abutting arterial streets. Moreover, some individuals felt that
offices should also be allowed as a special exception use in
single-family zoning districts that abutted arterial streets and
there was discussion about allowing offices along collector
streets and permitting accessory retail sales in conjunction with
some of these offices
On July 11, 1985, the Planning and Zoning Commission voted 4 -to -0
to recommend approval of this request.
ALTERNATIVES & ANALYSIS
Based on the workshop in January, the staff has prepared this
proposed amendment to the Zoning Ordinance. The Planning Depart-
ment feels that allowing offices as a special exception use in
the RM -6, RM -8 and RM -10 districts where properties abut arterial
streets will provide a reasonable alternative to multiple -family
development on these properties while discouraging strip commer-
cial development. The Planning Department does not feel that
offices nor accessory retail sales should be allowed in single-
family districts nor along collector streets zoned multiple -
family.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
31
JUL 24 195 BOOK 6
BOOK 61 PKA77
Vice Chairman Scurlock wished to know what exactly is
included in the definition of a general office.
Planner Shearer clarified that they have a table in the new
non-residential zoning districts that has a category called
General Office and Financial Services. The General Office
referred to would not include the financial services; it would
include the other uses listed, which include health services,
insurance and real estate services, medically related offices,
optical firms and professional offices.
Vice Chairman Scurlock noted that this includes everything
from a low traffic generator to a very intense use; he did not
feel you can get a more intense use than a doctor's office.
Director Keating explained that staff was hoping to find a
compatible area where medical uses would not necessarily be
limited to a hospital node, and when they did an analysis of the
types of offices allowed as special exception uses in multi
family zoning districts, they did not find any consistent pattern
for differentiating between medical offices and other types of
general professional offices.
Discussion followed about the fact that this will only apply
to multi family areas on arterial roads, and Director Keating
clarified that these roads would be those classified as arterial
on our County Thoroughfare Plan, such as U.S.1, SR 60, 27th
Avenue, Kings Highway, CR 510, CR 512, A -1-A, 17th Street, etc.
Commissioner Bird believed at one time we said there might
be an instance where this use might be compatible with single
family on roads such as these, but apparently staff is limiting
this to multi family.
Director Keating felt if the offices were a realistic use,
it would be possible to rezone such a single family area to
multiple family and reported that actually we have such a case
right now where some single family on SR 60 came in for rezoning
to multi family.
32
M
Discussion arose about the criteria to be used in reaching a
decision whether to grant a special exception, and Commissioner
Wodtke asked how we can be sure we can deny a special exception
in 12M-6, 8 and 10 areas on A -1-A, for instance. - -
Vice Chairman Scurlock concurred that the Commission would
hope the criteria is strict enough so it just wouldn't be carte
blanche.
Planner Shearer read the Board the requirements set out in
the criteria, and Attorney Vitunac stated that if the applicant
meets all the requirements, the Board would have to say yes.
Vice Chairman Scurlock emphasized that his main concern
would be the traffic impact.
Director Keating noted that the Site Plan Ordinance has a
lot of specific criteria about traffic, and the Board would look
at this when they look at a special exception use. He further
noted that if the project is of sufficient size, they would have
to do a traffic impact analysis and make the necessary improve-
ments to the road system.
Commissioner Wodtke pointed out that we have our commercial
node system and neighborhood nodes, and now with this, they could
fill in between. While he believed there are areas which would
be very compatible to this type of development, it -seems we would
be opening up all A -1-A, for instance, to special exceptions.
Commissioner Bird stated that he had envisioned this would
work in areas where it was no longer really practical to have
residential fronting on that street; he had not anticipated that
we were going to extend this out into all areas of the county.
The Vice Chairman agreed that this is a little bit too
broad.
Commissioner Bowman had questions about the formula for the
floor area ratio, and Planner Shearer explained that floor area
ratio is the ratio of the floor space in the building to the land
area. A ratio of 1.0 means that you could cover the entire site
33
JUL 24 1985 BOOK F��,�L 678
� JUL 2419$5
BOOK 61 ��r . 679
with a one story building or you could cover half the site with a
two story building. This applies only to hospitals.
Commissioner Bowman inquired how high they could go with a
minimum lot size of 20,0001, and Planner Shearer explained that
with a .6 ratio, for instance, the building could be 12,000 sq.
ft.; this is arrived at by multiplying .6 x 20,000.
The Vice Chairman asked if anyone present wished to be
heard.
David Nolte, Property Appraiser and private citizen,
informed the Board that when he recently investigated a zoning
sign on a.corner of SR 60, he learned the intent was to rezone
single family to multi family and put a lawyer's office there.
Mr. Nolte believed that what this change is going to mean is
complete strip commercial on Route 60. He felt strip zoning was
something everyone over the years has said they don't want, and
this appears simply to be a method to get property zoned multi
family and come in the back door and get commercial there. Mr.
Nolte did not feel this is desirable and.stressed that where
zoning has remained strict, values have been maintained. If we
are going to allow professional offices up and down U.S.1, SR 60,
A -1-A, etc., he felt it would be a major change, and he did not
believe the people in the community really understand what this
change would mean.
The Vice Chairman determined that no one else wished to be
heard.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
closed the public hearing.
Board members continued to express their feeling that the
proposed amendment is too broad and goes further than was
anticipated.
34
M M M
Commissioner Wodtke did agree there may be areas where we
may want to allow this, but he felt we have more control dealing
with this through our nodal system than dealing with it as a
special exception because if they meet the criteria, then we
pretty well have to allow it.
Director Keating pointed out that in granting any special
exceptions, the Commission may provide special conditions and
safeguards to be sure the use is compatible with the surrounding
uses in the district. Also, the Board does get to look at the
site plan at the time of making that decision.
Administrator Wright made the point that if this were
restricted to RM -8 or RM -10, the only places it could be done in
the County would be on North 1, the Boulevard south, and SR 60
out by 1-95.
Commissioner Bird did not believe that is the criteria we
should use; the Boulevard south may be the worst place to put
this. He felt we need to designate areas where this can be
allowed rather than say that just because you are on an arterial,
you can meet the criteria and can build an office building.
Vice Chairman agreed with Commissioner Wodtke that we should
just approach this as we always have with expanding nodes, etc.
Director Keating explained the reason staff didn't think
expanding nodes was appropriate was because this would allow the
possibility of additional types of commercial uses. Staff wanted
to limit it to the least intensive professional office types.
Vice Chairman Scurlock felt the Board is saying there is
probably some need, but that it should be more specifically
addressed and tightened down.
Discussion continued at length in regard to reworking the
ordinance; delineating certain areas where the proposed change
would be applicable; and making it subject to modification on a
periodic basis.
Chief Planner Shearer believed what the Board is telling
35
JUL 24 1985 BOOK t1i
JUL 24 1995
BOOK 61 PAGE 6SI
staff is that they want a zoning district rather than allowing
this as a special exception.
Administrator Wright asked if the Board would like this
matter to be withdrawn.
Vice Chairman Scurlock asked if we need a Motion to deny or
whether the Board wished to table this matter, and Commissioner
Bird felt we should table because most of the proposed ordinance
is fine.
Discussion followed as to the need to readvertise, and
Attorney Vitunac noted that unless this matter is tabled to a
time certain, it will be necessary to readvertise it, and if it
is rewritten substantially, it would have to be readvertised.
Staff agreed to withdraw and readvertise.
PUBLIC HEARING - ORDINANCE RE PRESERVATION OF SCENIC AND HISTORIC
COUNTY ROADS
The hour of 10:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
36
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
.in the matter of `
in the A
/ Court, was pub-
lished in said newspaper in the issues of a `
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beacj1114%',said Indian River County, and that the said newspaper has heretofore
been corlrin4 14 published in said Indian River County, Florida, weekly and has been entered
as seco,Rcllcla�s`mail matte} at the post office in Vero Beach, in said Indian River County, Florida
for.a.,pef cl of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant, further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate; commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed bef 'e n�e his day of A.D.
lb
PUBLIC NOTICE'
The Board of County Commissioners of Indian
River County, Florida, wlll conduct a Public
Hearing on Wednesday,. July 24, 1985; at 10:15
a.m. In the County Commission Chambers, at the
County Administration Building.) 1840 25th
Street, Vero Beach, FL 32980, to'consider the
adoption of an ordinance entitled:
AN ORDINANCE'OF THE BOARD OF
COUNTY COMMISSIONERS, OF INDIAN
RIVER COUNTY, FLORIDA, RELATING "
TO THE PRESERVATION OF SCENIC,:,
AND HISTORIC ROADS IN INDIAN
RIVER COUNTY, FLORIDA: PROVIDING
FOR DEFINITIONS, OBJECTIVES, RE-;
.� iSTRICTIONS, RULES AND REGULA
,.:;,TIONS; USE OF PROTECTED AREA AS
:REQUIRED YARD AREAS, MANAGE-,
'•:MENT, PROTECTIONS AND CONTROL
,-,_OF SCENIC OR HISTORIC ROADS,'.
,VIOLATION, , INCORPORATION IN
CODE SEVERABILITY, AND EFFECTIVE,, l
DATE,.
'tf; any person decides to 'appeal any decision
made on the above,matter,•he/she will need a
record of the proceedings;''and for such pur-
poses, he/she may need to ensure that a verba-
tim record of the proceedings Is made, .which
record Includes the testimony In, evidence on
t.whlch the appeal Is based ' ,,: i '
= INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
-.'PATRICK B. LYONS, CHAIRMAN
July 2,1985- i ".','?.i: -
Commissioner Wodtke discussed the 301 protected area on each
side of such roads, noting that Jungle Trail is very close to the
river. He wished to know if this protected area would extend
into the river, and if so, whether docks would be allowed there.
County Attorney Vitunac confirmed that the 301 protected
area on either side of the right-of-way would go out into the
river, and Administrator Wright believed the ordinance sets out
certain things which shall not be deemed structures, one of which
is docks.
Vice Chairman Scurlock asked if a wooden walkway is con-
sidered a structure, and Director Keating stated that if it is
not permanently attached to the ground, it is not considered a
structure.
37
JUL 24 1985 BOOK gnu E6
JUL
24
1985
BOOK
61
Fa' --,c 683
Administrator Wright felt
that should be added
under
defi-
nitions as (h).
Commissioner Bowman suggested that we just say docks and
walkways, and noted that she would like to add that they must
conform to the regulations of the DER Aquatic Preserve Management
Plan.
Administrator Wright believed that it would be better to say
just "applicable DER regulations" as the plan may be only advi-
sory. This was agreed upon.
Vice Chairman Scurlock asked why it is set out that any
variance would go to the Planning 8 Zoning Commission rather than
the Board of County Commissioners, and Environmental Planner
Challacombe noted that the Planning 8 Zoning Commission deals
more with site plans and can make sure they coordinate with the
Tree Protection Ordinance, etc.
The Vice Chairman asked if anyone present wished to be
heard. There were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
closed the public hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
adopted Ordinance 85-64 as modified.
38
INDIAN RIVER COUNTY ORDINANCE NO. 8b,'-'64
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, RELATING TO
THE PRESERVATION OF SCENIC AND HISTORIC ROADS
IN INDIAN RIVER COUNTY; PROVIDING FOR DEFINITIONS,
OBJECTIVES, RESTRICTIONS,' RULES AND REGULATIONS,
USE OF PROTECTED AREA AS REQUIRED YARD AREAS,
MANAGEMENT, PROTECTION AND CONTROL OF SCENIC
OR HISTORIC ROADS, VIOLATION, INCORPORATION
IN CODE, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, Indian River County pursuant to Florida Statutes
§163.3164 et seq. adopted a Comprehensive Land Use Plan for the
County, and
WHEREAS, within the Comprehensive Land Use Plan, the Board of
County Commissioners recognized that there are certain roads of
special historic and scenic significance to the citizens of the
County, and
WHEREAS, it was recognized that Indian River County wishes to
preserve its history, cultural traditions, elements of unique beauty
and charm including scenic and historic roads, and
WHEREAS, the Board of County Commissioners of Indian River*
County has now determined that it is necessary to adopt this
ordinance to implement the policies contained within the
Comprehensive Plan that is mandated by Florida Statutes, and
WHEREAS, the County now determines and finds that it is in the
County's best interest to take reasonable steps to prevent the
destruction of the County's heritage and to provide for the
preservation and maintenance of historic and scenic roads thereby
contributing to civic pride, education, cultural heritage and
general public welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
SECTION 1
DEFINITIONS
1.1 "County Commission" shall mean the Board of County
Commissioners of Indian River County, Florida.
1.2 "Planning and Zoning Commission" shall mean the
Planning and Zoning Commission of Indian River County, Florida.
1.3 "Protected Area" shall mean and refer to the area
thirty (30) feet parallel to and abutting the right-of-way lines
39
JUL 24 1985 BOOK rtiE6-
pr JUL 24 1985
BOOK 61 FArt 685
on any historic or scenic road as set forth in the comprehensive
plan of Indian River County.
1.4 "Structures" shall mean all buildings or other
products of construction; provided, however, that the following
shall not be deemed Structures for purposes of this ordinance:
(a) Roads approved by the County Commission and
permitted by the County Engineer which traverse the Protected Area.
(b) Fences which have an opacity of not more than fifty
(50) percent when viewed along a line of sight perpendicular to
the fence.
(c) Street lights.
(d) Traffic control devices.
(e) Docks and walkways.
- (f) Piers.
(g) Outdoor advertising signs no larger than seven and
one-half (7-1/2) square feet limited to advertising residential
developments or homes on lots or parcels immediately adjacent to
the roadway.
SECTION 2
OBJECTIVES
2.1 To promote the safety and convenience of those
members of the public traveling on scenic or historic roads.
2.2 To protect the natural and cultural heritage of
historic or scenic roads and to enhance their resource value for
enjoyment of future generations.
2.3 To protect the public interest in historic and
scenic roads from activities, land uses, signs and the unnecessary
removal of native vegetation, which impair both the integrity of the
road, its capacity for traffic, and its visual qualities.
2.4 To contribute to the environmental and historical
appreciation of scenic and historic roads and the education of the
residents and visitors.
SECTION 3
RESTRICTIONS
It shall be illegal and subject to the penalties
provided herein for any person to engage in any of the following
M
40
M
M
M M
activities without prior authorization from the Planning and
Zoning Commission.
(a) The erection of structures within the Protected
Area as defined in this ordinance.
(b) The placement of overhead utilities within the
Protected Area, except that:
(1) Utility drops may be installed to previously exist-
ing buildings within the Protected Area.
(2) Primary electrical transmission lines carrying
25,000 volts or more may be exempted from this restriction by the
County Commission after site plan approval when such transmission
lines propose to cross the Protected Area perpendicular to the
Scenic Road;
(3) Utility lines carrying less than 25,000 volts shall
be installed underground. The installation of transformers shall
be allowed when landscaped to prevent view from the road when
servicing new development from underground electrical transmission •
lines.
SECTION 4
RULES AND REGULATIONS
The County Commission may from time to time adopt rules
and regulations by resolution setting forth specific restrictions
for the purpose of preserving scenic and historic roads. Such
restrictions may relate to but shall not be limited to the
following topics:
(1) Providing for the placement of informational signs
designating scenic and historic roads and providing historical
information to members of the public.
(2) Providing special rules and regulations for the
preservation and maintenance of the roads with the intent to protect
and enhance their scenic quality.
SECTION 5
USE OF PROTECTED AREA AS REQUIRED YARD AREAS
The Protected Area defined by this ordinance may be used
to fulfill the requirements of the Zoning Code and Land Use Plan
of Indian River County pertaining to front, side or back yard set -
41
L_ JUL 24 1985 BOOK I Fk,L.6186
I JUL 241985
backs.
BOOK 61 F"A'UE 687
SECTION 6
MANAGEMENT AND PROTECTION OF SCENIC
OR HISTORIC .ROADS
The Public Works Division of Indian River County, the
Parks Department and the Community Development Division shall
implement guidelines for maintenance of the scenic and historic
roads. These guidelines will be adopted by resolution of the
Board of County Commissioners and shall include:
(a) The prohibition on clear cutting of vegetation in
the Protected Area except under circumstances where sight lines
are obstructed and contribute to traffic hazards.
(b) Provide for the cutting of selective vegetation
within the Protected Area upon the recommendation of the Community
Development Division and approval of the County Planning and
Zoning Commission.
(c) Rules will be adopted to promote the establishment
of planting strips within the protected area to be comprised of
native vegetation.
(d) Provisions shall be established to provide adequate
drainage for the roadbed and surrounding properties and a program
of maintenance shall be established to assure the continued
effectiveness of the system.
(e) Provisions shall be established for the selective
removal of trees and other vegetation from the Protected Area when
such are damaged beyond restoration. In all cases all such
activity will comply with the Indian River County Tree Protection
Ordinance.
SECTION 7
VARIANCES
The Indian River County Planning and Zoning Commission,
after due public notice, may grant such variances from the terms
of this ordinance as will not be contrary to the public interest
when, owing to special conditions, a literal enforcement of the
provisions of this ordinance would result in unnecessary and undue
hardship. Prior to the approval of any variance from the provi-
sions of this ordinance or the rules and regulations adopted here -
42
M
M
under, the Planning and Zoning Commission must find:
(1) That special conditions and circumstances exist
which are peculiar to the land, structure, or building involved
and which are not applicable to other lands, structures, or build-
ings in the same zoning district;
(2) That the special conditions and circumstances do
not result from the actions of the applicant;
(3) That granting the variance requested will not
confer on the applicant any special privilege that is denied by
this ordinance to other lands, buildings, or structures in the
same zoning district;
(4) That literal interpretation of the provisions of
the ordinance would deprive the applicant of rights commonly
enjoyed by other properties abutting the same historic or scenic
road under the terms of this ordinance and would work unnecessary
and undue hardship on the applicant;
(5) That the variance granted is the minimum variance.
that will make possible the reasonable use of the land, building,
or structure;
(6) That the granting of the variance will be in harmony
with the general intent and purpose of the ordinance and that such
variance will -not be injurious to the area involved or otherwise
detrimental to the public welfare.
In- granting any variance, the Planning and Zoning
Commission may prescribe appropriate conditions and safeguards in
conformity with the laws of Indian River County, this ordinance
and any rules and regulations adopted under this authority.
Violation of such conditions and safeguards when made a part of
the terms under which the variance is granted shall be deemed a
violation of the ordinance.
SECTION 8
VIOLATION
A violation of this ordinance shall be punishable
according to law.
SECTION 9
INCORPORATION IN CODE
43
JUL 24 1985 BOOK' F1�E�
rr"-JUL 24 1985
BOOK 61 PAGE 689
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 10
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 uncon-
stitutional, invalid or inoperative part.
SECTION 11
EFFECTIVE DATE
This ordinance (No. 85-64) shall become effective as law
on the 10th calendar day following the date. of receipt of
acknowledgment from the Department of State of the filing of this
ordinance. Any project which has received final site plan or
subdivision approval prior to the effective date of this ordinance
shall be considered exempt from its requirements, with the exception
of mangrove alteration or removal provisions which shall apply
prospectively to all such activity beginning on the effective date
hereof.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 24th day of
July
1985.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By G
SUR 0 JR.
Vice Chairman
Acknowledgment by the Department of State of the State of Florida
this 1st day of August , 1985.
Effective Date: Acknowledgment from the Department of State
received on this 5th day of August , 1985, at 10:00
A.M./P.M. and .filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
44
�J
� s �
PUBLIC HEARING - RECONSIDERATION OF BOUNDARIES OF 130 ACRE
HOSPITAL/COMMERCIAL NODE
The hour of 10:30 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
i
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority persohally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida] that the attached copy of advertisement, being
a
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of
,J
Affiant further says that the said. Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second classl jill)yja ter at the post office in Vero Beach, in said Indian River County, Florida
for a period df%fie yter
preceeding the first publication of the attached copy of adver-
tisement,%�Alnd�i!ont fujth�er'-says that he has neither paid nor promised any person, firm or
corpon0iori any discount, re*-; commission or refund for the purpose of securing this adver-
tisement &r publication to ,the.said'n,ewspaper.
Sworn to and subscribee'IYefo e'Ine his day of A.D.
t-4 I,
i : tire„
anager)
NOTICE OF REGULATION OF LAND WE
NOTICE OF PUBLIC HEARING
TO CONSIDER THE ADOPTION
a OFA COUNTY ORDINANCE :};
NOTICE IS HEREBY GIVEN that the Board o
County Commissioners of Indian River County;
Florida, shall hold a public hearing at which paK
ties in interest and citizens shall have an opporl
tunity to be heard, in the; County Cprrlmissiort
Chambers of the County Administration'AuMing;
located at 1840 25th Street, Vero BeacFi, Florida
on Wednesday, July 24, 1985; at 10:30 a.m. to
consider the adoption of an Ordinance entitled:
,,AN ORDINANCE OF THE BOARD OF.,
COUNTY COMMISSIONERS OF INDIAN"
-RIVER COUNTY, FLORIDA AMENDING , .'',
T.HE BOUNDARIES OF THE .130 ACRE
HOSPITAL/COMMERCIAL NODE. AS
;ADOPTED IN ORDINANCE 85-33 AND, r
"'AS'GENERALLY DESCRIBED IN THE `.,
TEXT OF THE LAND USE ELEMENT
AND DEPICTED ON THE LAND USE
MAP OF THE LAND USE ELEMENT OF'''D
-iTHE COMPREHENSIVE PLAN; PROVID "-
ING FOR BOUNDARY MAP OF THE
NODE AND EFFECTIVE DATE:'p t
A map' of ., the proposed node tlRoup ary Ia
available at the Planning -Department office on
the second floor of the County, Administration.
Building.
If any person decides to'Appeal any decision
mads on the above matter;�he/she will need a
record of the proceedings;, and for such pur-
poses, he/she may need to.ensure that a verba-
tim
erbatim record of the proceedings, is made, which In-
cludes testimony and evidence upon which the
appeal Is based " t. -
Indian River County " 1 A,d s
Board of County Commissioners ,
BY: -s- Patrick B. Lyons,
Chairman ��
NOTE: This Item was Incorrectly advertised on
June 26,, 1985 fora public hearing on, July 17,
1985. A 1 7
July 3,16,1985
Chief Planner Shearer reviewed the following staff
recommendation of approval:
45
JUL 2% 19 BOOK 1 F -,1,c 6910
JUL 24 195
BOOK 61 u")F.691
TO: The Honorable Members DATE: July 12, 1985 FILE:
of the Board of County
Commissioners
,DIVISION HEAD CONCURRENCE: RECONSIDERATION OF THE
BOUNDARIES OF THE 130
SUBJECT. ACRE HOSPITAL/COMMERCIAL
,.Ro ert M. Keati g, P NODE
Planning & DevelopnWht Director
FROM: S' ` .: REFERENCES: 130 Acre Node Bdr
Richard Shearer, AICP 1'
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
pYeguµl� r,meeting ,of July 24, 1985._
DESCRIPTION & CONDITIONS
The Planning Department is initiating a request to reconsider the
boundaries of the 130 acre hospital/commercial node located along
Barber Avenue north of Indian River Memorial Hospital.
On September 12, 1984, the Board of County Commissioners adopted
an amendment to the text of the land use element of the Compre-
hensive Plan which provided for establishing boundaries for each
of the nodes as generally depicted on the Land Use Map and
generally described in the text of the land use element of the
j Comprehensive Plan.
On February 28, 1985, the Planning and Zoning Commission voted
4 -to -0 to recommend approval of the staff's proposed boundaries
for the node which represented 130 acres and included blocks 14
and 15 of W.E. Geoffrey Subdivision.
On April 10, 1985, the Board of County Commissioners held a
public hearing on the proposed boundaries. After the public
hearing, the Board decided to exclude blocks 14 and 15 of W.E.
Geoffrey Subdivision from the node because the subdivision was an
established residential area developed primarily in single-family
residences.
Subsequent to the Board establishing the boundaries of the node,
a commercial site plan application was submitted for three
commercially -zoned lots of block 15 of Geoffrey Subdivision. The
Planning Department informed the applicant that the site plan
could not be approved by the County because the property is not
included in the nodeand, thus, has a land use designation of
MD -1, Medium -Density Residential 1 (up to 8 units/acre). The
applicants indicated that they wanted to appeal that decision.
Because the node boundaries were adopted by ordinance, any change
in the boundaries must be done by ordinance.
On June 27, 1985, the Planning and Zoning Commission voted 5 -to -0
to recommend approval of this request.
ALTERNATIVES & ANALYSIS
The Planning Department originally prepared tentative boundaries
for the hospital/commercial node in January of 1984. These
tentative boundaries (representing 130 acres) were presented at
node workshops in February and April of 1984 and are the same as
the boundaries proposed by the staff in February of this year.
46
..'While the staff agrees that the W.E. Geoffrey Subdivision is
Primarily a single-family subdivision which should generally be
excluded from the node, there are circumstances peculiar to
.blocks 14 and 15 of the subdivision which should be considered.
Blocks 14 and 15 are at the south end of the subdivision along
Barber Avenue. Barber Avenue represents an entranceway to the
hospital which would be attractive if developed in medically -
related uses on both sides of the street. Because all of the
property immediately south and east of blocks 14 and 15 is
included in the node, it seems logical to include these two
blocks. Another consideration is the fact that almost all of the
lots on the south side of these two blocks are vacant. In order
to be developed, they need to be included in the node or rezoned
in conformance with the MD -1 land use designation.
" There�is"a"problem with developing the lots for residential uses.
The lots are 50 feet wide and 100 feet deep or 5,000 square feet
in size. However, the County Public Works Department has
requested an additional 20 feet from the lots on the -south side
of blocks 14 and 15 be 'dedicated for right-of-way for Barber
Avenue. This would reduce the size of the lots to 50 feet by 80
feet or 4,000 square feet. For lots under 5,500 square feet in
size (including unpaved adjacent road right-of-way) with a
private well and septic tank, the Environmental Health Department
limits the size of houses to one bedroom and not more than 600
square feet. Currently the County does not have a zoning
district that allows single-family residences of less than 750
square feet.
The effect of these various ordinances indicates that if blocks
14 and 15 are not included in the node, a single lot on the south
side of these blocks could not be developed.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission recommendation, staff recommends approval.
Planner Shearer noted that staff would like to have this
matter reconsidered as they feel the two blocks excluded are a
little different than the blocks to the north. Many of the lots
in these blocks are vacant - more so than in the blocks to the
north. The existing homes are mostly dilapidated and vacant, and
with the C -1A zoning, they cannot be rebuilt nor expanded. He
did agree that the blocks to the north should be zoned
residential, probably multi family.
Vice Chairman Scurlock felt that actually the pressure of
the marketplace eventually will cause all that to be squared off
and developed.
Director Keating reported that the applicant came in and
talked to staff before the site plan was submitted, and at that
47
JUL 24 1985 BOOK 61 PAGE 692
J U L 24 1995 BOOK 61 PAGE 693
time staff was going to recommend this property be included in
the node. The Board, however, decided against including it.
Commissioner Bowman asked how much shy we are of the 130
maximum acres, and Planner Shearer stated approximately ten
acres, which includes these two blocks.
The Administrator noted basically when the Board said take
this property out, staff did not reallocate it, but just held it.
Commissioner Wodtke believed the Board went through this
same discussion before, and he did not see anything new that
would change his mind.
Planner Shearer stressed that the Planning & Zoning Com-
mission agreed to reconsider this and they recommended approval 5
to 0, but Commissioner Bird pointed out that they recommended it
the first time around.
Commissioner Bowman wished it confirmed that if this were to
be rezoned, the people who live here would be grandfathered in,
and Planner Shearer explained that if this property were to be
included in the Medical District, multi family uses would be
allowed.
Commissioner Bird did agree that leaving the two blocks in
question commercial would be consistent with the main entranceway
to the hospital, and stated that if he felt fairly confident only
these two blocks would remain commercial, he would not oppose it;
however; he was concerned about the domino effect.
The Vice Chairman asked if anyone present wished to be
heard.
Attorney Michael O'Haire came before the Board representing
the partnership who applied for the site plan. He stressed that
if there is any part of Barber Avenue that is really suited to
commercial, it is the intersection on U.S.1. Attorney O'Haire
agreed there is always the possibility of a domino effect, but he
contended that to encourage residential development along Barber
Avenue is for all practical purposes to deny the owners any use
of their property.
He continued that a member of the clergy
48
spoke at the last hearing and expressed his congregation's
concern that people would complain about their services which are
quite vocal, but Mr. O'Haire felt single family would be more
likely to complain. Attorney O'Haire further pointed out that
nodes are always located at arterial intersections and urged the
Board to take another look at this property.
Paul Domico, interested citizen, wished to know if the
proposed zoning change would deprive any of the single family
owners of their rights by making them non -conforming.
Staff informed him that the zoning is not being changed
today; the homes there are already non -conforming, and no one who
is in a conforming use would become non -conforming.
Cliff Reuter next came before the Board representing the
three families who have owned some property in Block 15 for quite
some time - his family, the Idlettes, and the Peases. Mr.
Reuter informed the Board that they had discussed their property
with the Planning people, who assured them they were in favor of
leaving it commercially zoned. Because of that he had felt they
were on good ground to sell their property to people who wanted
to develop it and they had, in fact, started the planning
process.
Commissioner Bird noted that Reverend Minnis, who spoke so
eloquently in opposition at a previous meeting, is in.the
audience today, but apparently he does not wish to speak.
Reverend Minnis stated that he just wished to observe.
Thomas Pease, one of the owners of property in Block 15,
emphasized that if the Board does not consider this request,
their property is useless since it cannot be used residentially
or commercially; actually it cannot be used.
Vice Chairman Scurlock did not feel that is strictly
accurate, and Director Keating felt Mr. Pease is referencing the
small nature of the lots which would not allow having both a
septic tank and a well on one lot.
49
JUL 24 199- Boa 1 a��6
JUL
24
1985
BOOK 61 FAGE695
The Vice Chairman pointed out
that these particular lots are
not near the intersection, and Planner Shearer reported that he
did have inquiries sometime ago from people who were interested
in commercial uses on the lots near the intersection.
Commissioner Bowman asked what difference it makes whether
the property is C -1A or in a commercial node, and Planner Shearer
explained the C -1A will have to be rezoned to residential to be
in conformance with the Comprehensive Plan.
No one further wished to be heard.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
closed the public hearing.
Commissioner Wodtke expressed his concern about encroaching
on a platted subdivision with a Hospital Node. If all the
residents and lot owners were in concurrence, then he would
consider it, but he did not feel it is right to start infringing
on the Geoffreys Subdivision.
MOTION WAS MADE by Commissioner Wodtke, SECONDED
by Commissioner Bowman, to deny the request to
expand the boundaries of the Hospital/Commercial
Node at Barber Avenue and U.S.1.
Commissioner Bowman wished to point out that it is not the
fault of the people in the subdivision that the hospital chose to
move in on their turf.
Commissioner Bird reiterated that he was adamant against
this the first time it came up, and although he has come around a
little bit,.he felt there is sufficient undeveloped property in
the existing node without having to get into small residential
lots. He did, however, concur with the Vice Chairman that it is
inevitable that there will be a conversion at some time in the
50
future, which undoubtedly would increase the property values
tremendously.
Vice Chairman Scurlock pointed out that whoever bought lots
in these blocks chose to buy within a subdivision; he further
noted that we have an application before FmHA for funds to supply
water and sewer to that area, and that money is not available for
nonresidential use.
THE VICE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously. (4-0)
DISCUSSION RE ALLOWING MOBILE CONCESSIONS IN COUNTY PARKS
The Board reviewed memo from Commissioner Bird, as follows:
TO: DATE: FILE:
Board of County July 17, 1985
E.:Commissioners
-.
SUBJECT: Requests to operate
mobile concession units
in Wabasso Park
FROM: Richard N. Bird REFEF�E(1I E :
Chairman, Parks and Rec eatio o i tee
Three requests have been received asking for permission to
operate mobile concession units in Wabasso Park.
The Parks and Recreation Committee discussed the requests, and
Assistant Attorney James Wilson researched the matter with other
areas in Florida.
The Parks and Recreation Committee recommended denial of the
requests because it was felt that the County is not properly
equipped to handle the situation at this time.
Commissioner Bird confirmed that the Parks & Recreation
Committee discussed these requests at two meetings and
recommended denial of both because of the traffic problems that
might be created and also because it was felt the County is not
51
JUL 24 1985 Boa 6 1 F,t,,F696
J U L 24 1995 BOOK 61 mu. 69
adequately equipped to handle the situation. He reported that
the applicants were invited to attend today's meetings but it
seems that none have turned up to argue their case.
Vice Chairman Scurlock inquired whether it is the feeling
that when the lease runs out for the concession presently
operating on the causeway, that lease should be terminated.
Commissioner Bird stated that it is not; it is felt that is
a different situation since there is more open space there.
Commissioner Wodtke thanked Mrs. Brackett for her letter
opposing any mobile concessions at the Wabasso Beach park and
asked that it be made a part of the record:
��JsaGeE�x �. �¢ae�eEE
2702 CW&-##ooawiu -Pane
(Vg%O' BeaA 9&%ida 32960
I
g1jr M,
R-i-ccE k
r � �
M,
A�L
•
Commissioner Bird noted he might have felt differently if
there were no facilities available to the park, but there are
private enterprises located there offering these services.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
denied the requests to operate mobile conces-
sions in County parks.
53
JUL 24 1985
BOOK LJ1 �i�u - ��
JUL 24 1985 BOOK 61 PA,F 699
DER/ARMY CORPS/DNR PERMIT APPLICATIONS - RIVER RUN (MULLER)
Art Challacombe, Chief Environmental Planner, made the
following staff presentation:
TO: The Honorable Members DATE: July 15, 1985 FILE:
of the Board of County
Commissioners
--DIVISION HEAD CONCURRENCE: D.E.R./ARMY CORPS
y
D.N.R. PERMIT
n SUBJECT: APPLICATIONS
Robert M. -------ihg, y
rcP
,Planning & Development Director
t'HUM: Art Challacombe REFERENCES: H. Muller
Chief, Environmental Planning DIS:ARTCHA
It is requested'*that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting on July 24, 1985.
D.E.R. DREDGE & FILL PERMIT APPLICATION
FILE NUMBER 31-106240-4
APPLICANT: Henry J. Muller c/o
Stephen E. Moler, P.E.
WATERWAY & LOCATION: The project is located adjacent to the
Indian River, 2000 feet north of Schuman Drive on U.S. Highway
#1 between Wabasso and Sebastian (River Run condominium pro-
ject) .
WORK & PURPOSE: The applicant proposes to construct 44 boat
slips, 19 finger piers and a gazebo in an existing excavated
lake adjacent to the Indian River. In addition, the applicant
proposes create a boat basin access channel on the upland
portion of his property to be connected to the existing boat
basin to the north of the property. The applicant proposes to
improve water interchange by constructing new submerged
wetlands on a portion of the upland property.
DESCRIPTION & CONDITIONS:
On June 11, 1985, the applicant received a D.E.R. permit to
construct the project and dredge an access channel from the
lake to the Indian River.
The portion of the Indian River within and surrounding the
original channel alignment supports beds of manatee grass, live
oyster rock and oyster shell - algal complex. If the channel
dredging is to proceed, these habitats will be adversely
affected through elimination or increased turbidity and
sedimentation.
On June 19, 1985, the County Commission considered a request to
appeal the permit through a D.E.R. administrative hearing. In
the discussion, the applicant and developer, Mr. Henry Muller,
stated that he would revise his project plans so that the river
resources would not be damaged. The specific proposal, which
is the subject of this application, involves connecting the
existing lake with the north basin; a proposal recommended
earlier by planning staff.
54
ALTERNATIVES & ANALYSIS:
The Planning and Development Division reviews and submits
comments on dredge and fill applications to the permitting
agencies based upon the following:
- The Conservation & Coastal Zone Management Element of
the Indian River Comprehensive Plan;
- Coastal Zone Management, Interim Goals, Objectives &
Policies for the Treasure Coast Reaion: and
- The Hutchinson Island Resource Planning & Management
Plan.
- The Code of Laws & Ordinances of Indian River County
The�revisions;as proposedlinclude placing a boat access channel
entirely on Mr. Muller Is upland property and connecting it to
the existing boat basin on the north end. This design elimi-
nates the need to dredge a channel in the Indian River, thereby
destroying valuable bottom habitat.
Section A -A depicts the creation of new submerged wetlands from
existing shoreline property. This will increase water circu-
lation, thus generally improving water quality in the proposed
boat basin. Two questions, however, remain. Is vegetation
proposed to be planted in this area? If so, what type and what
methods will be used to insure its survival?
The proposed project will require site plan approval from
Indian River County, including approval of any modified storm -
water management system.
RECOMMENDATION:
It is recommended that the Board of County Commissioners
authorize staff to forward the following comments regarding
this project to the D.E.R.:
1) the County has no objection to the project;
2) the type of vegetation within the proposed wetlands should
be specified as well as the methods to be used to insure
its survival;
3) the project will require site plan approval from the
County.
Planner Challacombe reported that Mr. Muller has applied for
a modification of permit as evidenced by the following letter to
the DER:
55
BOOK
PAH
JUL 24 1985
RIVER RUN
A WATERFRONT CONDOMINIUM
July 17, 1985
Ms. Barbara Bess, Supervisor
Dredge & Fill Program ►E ,.�
Department of Environmental Regulati4p �•;�`
St. Johns River District r,G
3319 Maguire Boulevard, Suite 232���y
Orlando, Florida 32803
Re: DER Permit /310930994
River Run Condominiums Dock Project
U.S. Highway #1
Indian River County, Florida
Dear Barbara:
BOOK 61 PAGE 701
This letter is our formal notification to the Department of
Environmental Regulation that we will not pursue implementation
of the River Run Condominiums Dock project as specifically
detailed in the State of Florida Department of Environmental
Regulation permit 4310930994 dated June 11, 1985. As you are
aware, we have submitted an application for a new permit or
modification of permit #310930994 which plans incorporate the
placement of the access channel from the existing River Run lake
to the off-site channel entirely on the River Run site. No
dredging is planned in the Indian River for installation of the
project access channel.
If you will be in need of any further information in order to
process this notice of our decision to abandon implementation of
the River Run Condominiums dock project as specifically
described in DER Permit 44310930994, please contact me as soon as
possible.
Sincerely yours,
MULLER ENTERPRISES, INC.
enry J. Muller
Presiden
MOTION WAS MADE by Commissioner Wodtke, SECONDED
by Commissioner Bird, to authorize to forward the
comments set out in the above memo dated 7/15/85.
Attorney Michael O'Haire informed the Board that he had been
retained by the Pelican Island Audubon Society to appeal the
56
permit which they understand now has been abandoned. He
continued that his client would like to study a number of DER
permits which have been issued in this area- which may be
overlapping and possibly conflicting. He, therefore, requested
that the Board not take any action until all the outstanding
permits have been reviewed.
Administrator Wright pointed out that if the Board takes no
action, the DER simply will move ahead.
Henry Muller, developer of River Run, stated that he under-
stood Attorney O'Haire's concern, but assured the Board that
there are no conflicting permits. He further noted that during
all the time this project has been underway, they have listened
very carefully to all of the input from all of the agencies and
have met with the people from the Audubon Society. There is no
problem. He felt the staff recommendation is fine, and noted
that actually the boat basin access channelv.s the-same,as
recommended by Mr. Challacombe earlier except for a little
different routing which the DER now is satisfied with.
Mr. Muller continued that he really was upset with the
attitude taken by some that they are trying to do something
detrimental to the river. He emphasized that the DER, the DNR
and the Corps all feel that what they are doing now is exactly
the right thing to do and that it will be beneficial - the
plantings going in are all delineated. Mr. Muller believed that
the permits Attorney O'Haire is referring to are the dredge and
fill permits which they had from the beginning for the buildings
that were on the water. These permits still exist and for the
same purpose, and they include the requirement that they must
replant the waterside as recommended by the DER. Mr. Muller
stressed that they are 100% on the side of all the people
concerned with the environment, and he felt it would be unfair of
the Board to withhold a positive comment.
Commissioner Bowman pointed out that the recommendation of
our Environmental Planner does not take into account the water
57
JUL 724 1985 BOOK 61 PAGE 7®2
JUL 24 1995
BOOK 03
quality possibly not meeting acceptable standards in the boat
basin into the channel, and she would like that to be added to
the comments.
Planner Challacombe felt that is central to DER's job in
reviewing these applications, but Commissioner Bowman felt we
should let them know.
In further discussion, Commissioners Wodtke and Bird agreed
to add to their Motion that a statement re water quality,be added
as Comment #4.
THE VICE CHAIRMAN CALLED FOR THE QUESTION.
It wa-s voted on and carried unanimously (4-0)
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 11:18 o'clock A.M.
ATTEST:
Clerk
58