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Home My WebLink About1/29/1986Wednesday, January 29, 1986 The Board of County Commissioners of Indian River County, Florida, met in Special Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, January 29, 1986, at 7:00 o'clock P.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Also present were Michael J. Wright, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. ACCEPTANCE OF LABOR CONTRACT WITH THE COMMUNICATION WORKERS OF AMERICA General Services Director Sonny Dean reviewed the County's negotiations with theCWA on the labor contract for the blue collar workers. The contract was ratified by the union body last Thursday night, with the exclusion of Article 19, which covers wages. As a matter of procedure, it is the Commission's responsibility to either ratify or not ratify the contract. Director Dean explained that the contract is effective October 1, 1985, with the exception of the wage issue which is still under negotiation. Commissioner Wodtke asked what particular benefit would be gained by ratifying the contract effective October 1, 1985 instead of today's date. JAN 2 9 1986 eooK 63F;c�.' A10 9 1966 Boot 63 u�� 462 Administrator Wright explained that it settles the insurance question re the unfair labor practice suit filed by the union. Basically, the bargaining unit is saying that they agree to the $12.50 a month additional premium for family medical insurance coverage, effective October 1, 1985. County Attorney Vitunac explained that if we didn't settle it effective October 1, 1985, the County would have to pay $12.50 for all those employees with family coverage for the months of October through January, possibly even through February. By ratifying it tonight, the County remains status quo. Commissioner Wodtke asked about the suit filed by the CWA, and Attorney Vitunac advised that the suit was scheduled for Tuesday, at 1:00 P.M., but we received a 30 -day extension because of this ratification which would settle the issue in the County's favor. If this contract is not ratified with the effective date of October 1, 1985, the County would have to go back before the Public Employees Relations Commission where it would be the County's responsibility as appellant to overturn the recommended order of the hearing officer. the contract tonight. It is to our advantage to ratify ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously ratified the labor contract with the Communication Workers of America with the exception of Article 19, as recommended by Director Dean. SAID AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD CONVERSION OF NON-RESIDENTIAL ZONING DISTRICTS The hour of 7:15 o'clock P.M. having passed, the Deputy Clerk read the -following Notice with Proof of Publication v .- attached, to wit: 2 5 : �1�P�i k t t OOM RNeR coukrr nva. BEACH PRESS -JOURNAL n= ublished Weekly€dFc , . ,•, * - t> -. t' Pero Be c , Indian River County, Florida 000N /INDIAN S t STATE OF oRt1j£�, Before the undersigned authority personally appeared J. J. Schumann, Jr. who onoath ICE O F ZONING CHANGE 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 '-0; ;, 7hId Board of County Commissioners of Indian River County proposes to rezone most a di the." agriculturally, commercially, industrially and part of the residentially -zoned property in the unincorporated part of the County within the area shown in the map in < / this advertisement. In the matter of A 1v f, a , A'p{Iblic Hearing on the rezoning will be held on Wednesday, January 29, 1986, at ci15 p.m., in the County Commission Chambers in the County Administration Building located at 1840 25th Street, Vero Beach, Florida. ..This _action will affect most of the agriculturally, commercially and industrially -zoned in the Court, was pub - properties in the unincorporated area of Indian River County.. it will convert existing -zoning designations to the new zoning districts adopted in January and July of 1985. In lished in said newspaper in the issues of e /J some cases, this may affect setbacks, minimum lot size requirements, or other zoning regulations applicable to specific property in the County. In addition, this action will change th`e permitted uses on some properties which are not currently zoned in 'zor ormance with the County's Comprehensive Land Use Plan. Affiant further says that the said Vero Beach Press -Journal is a newspaper published at 'A7 1'^any questions arise regarding this proposed action, please contact the Planning Vero Beach, in said Indian River County, and that the said newspaper has heretofore De artment at 567-8000, ext. 237. been continuously published in said Indian River County, Florida, weekly and has been entered 8• P `.' as second class mail matter at the post office in Vero Beach, in said Indian River County, Floridar. The purpose of this public hearing is to consider the adoption of a County Ordinance for a period of one year next preceeding the first publication of the attached copy of adver- K' t, tisement; and affiant further says that he has neither paid nor promised any person, firm or eQtitled n,r corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement dver tisement for publication in the said newspaper, r AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF - ��_ r INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A COMPREHENSIVE Sworn to and subscribed b ore a this day of A.D. { ` ? AMENDMENT TO THE COUNTY'S ZONING ATLAS BY CONVERTING THE' ."• i":° - (:ZONING DISTRICTS DEPICTED ON THE ATLAS TO NEW DISTRICTS DE- (Business MAnager) ��CRIBED IN APPENDIX A OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, IN ACCORDANCE WITH THE COUNTY'S % 1 '�OMPREHENSIVE LAND USE PLAN; PROVIDING FOR EXCEPTIONS TO' s(ti (SEAQ (Clerk of the Circuit Court, Indian River County, tori Z[ THE CONVERSION TABLE; REPEALING SECTION 4, A, AGRICULTU- I ` (i�iL DISTRICT; SECTION 18, B-1, PLANNED BUSINESS DISTRICT; SECTION 18.1, MED, MEDICAL DISTRICT; SECTION 19, C -1A, RESTRICTED COM- w - f MERCIAL DISTRICT; SECTION 20, C-1, COMMERCIAL DISTRICT; SECTION 20.11 C-2, HEAVY COMMERCIAL DISTRICT; SECTION 21, LM -1, LIGHT MAN- { URACTURING DISTRICT; AND SECTION 22, M-1, RESTRICTED INDUSTRIAL DI$TRICT; AND PROVIDING FOR CODIFICATION; SEVERABILITY; REPEAL OFICONFLICTING PROVISIONS; AND EFFECTIVE DATE. Yana who may wish to appeal any decision which may be made at this meeting will nee -.to ensure that a verbatim record of the proceedings is made, which includes tBsI ny find evidence upon which the appeal is based. ; Indian River County Board of County Commissioners r # - By. -s- Don. C. Scurlock. Jr., Chairman : r 3 JAN 2 9 1986 BOOK 6 P„.)E 63 BOOK 63 Pt, -UE 464 1 - The Board reviewed the following memo dated 1/6/86: TO: The Honorable Members DATE: January 6, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: Ro ert . Keati g,( CP Planning & Developm nt Director 1. NONRESIDENTIAL ZONING CONVERSION TABLE FROM: �S REFERENCES: Richard Shearer, AICP NonResidential Conversion - Chin -f., Long -Range Planning Tahla/RTCH2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their special --meeting of January 14, 1986. DESCRIPTION & CONDITIONS The Planning.Department has prepared an ordinance to convert the existing nonresidential zoning districts depicted on the County's Zoning Atlas to the new nonresidential zoning districts adopted by the Board of County Commissioners on July 24, 1985. In addition, this ordinance repeals the eight old nonresidential zoning districts which will no longer appear on the zoning atlas. On November 21, 1985, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of this request. ALTERNATIVES & ANALYSIS The Planning Department has done a detailed analysis of the County's Zoning Atlas and prepared the conversion table to convert the old zoning districts to the new zoning districts based on the existing zoning, the existing land use pattern, and the Comprehensive Plan. All of the proposed changes are consis- tent with the Comprehensive Plan and adopted node boundaries. A list of exceptions to the conversion table is included to provide appropriate zoning for parcels which may not be rezoned in accordance with the land use plan but are otherwise in confor- mance with the Comprehensive -Plan. This includes properties which have commercial zoning, and existing commercial uses, but have a residential land use designation on the land use map. These properties are considered in conformance with the Comprehensive Plan based on the following provision in the Land Use Element: It is not the intent of the Board of County Commissioners to create nonconforming uses by the adoption of this Plan. All lawful, conforming uses in existence at the date of Plan adoption shall be considered consistent with the Plan. In addition, this proposed ordinance will realign zoning district boundaries in areas where there are a large number of zoning districts to reduce the number of districts. For example, a half mile section of State Road 60 in the I-95/State Road 60 node area contains five different zoning districts. Under the proposed zoning conversion ordinance, all of these properties would be zoned CG, General Commercial District. If this ordinance is adopted, all zoning in the unincorporated part of the County will be in conformance with the Comprehensive 4 s � res Plan. In compiling the conversion table and the list of exceptions, the staff has attempted to reduce the number of nonconforming uses and to not create any new nonconforming uses. However, at least one new nonconforming use will be created. By changing the RS -6 zoning in the Kings Highway_andState Road _60 commercial node to CL, one single-family residence will become a nonconforming use. RECOMMENDATION Based on the above analysis, Commission's recommendation, zoning conversion ordinance. including the Planning and Zoning staff recommends approval of the Chairman Scurlock announced that this is the second of two public hearings on the conversion of certain zoning districts. Richard Shearer, Chief of Long -Range Planning, explained that this ordinance contains a general conversion table that would convert existing commercial, industrial and agricultural zoning to new commercial, industrial, agricultural or residential zoning, based on the land use designation of the property. 5 JAN 2 9 1986 BOOK 63 FA,t 465 ZONING CONVERSION TABLE Old New Zoning Land Use Zoning District (s) Designation (s) District A ALL A-1 MED ALL MED C-2 ALL a CH LM -1 ALL IL C-1 BCID R-BCID B-1, C-lA MXD _ CL B-1, C-lA, C-1 LD -1 RM -3 B-1, C -1A, C-1, M-1 LD -2, MD -1 RM -6 M-1 LD -1 RS -3 C-1 MXD -CG M-1 MXD IL C-1 AG A-1 C-1 RR -1 RFD C-lA, M-1 Environmentally Sensitive RS -1 C-lA, RM -6 37th Street Hospital/Commercial Node MED C -1A, RS -6 Kings Highway Commercial Node CL C -1,A Kings Highway Commercial Node CG C-1, C-lA Oslo Road & U.S. 1 Commercial Node CG C-1 Oslo Road & 27th Ave. Commercial Node CL C-1 Oslo Road & 74th Ave. Commercial/ CG Industrial Node - M-1 Oslo Road & 74th Ave. Commercial/ IG Industrial Node M-1 South Winter Beach Road Industrial Node IL C -1A, C-1 Hobart Road & U.S. 1 Commercial/ CL Industrial Node C-1 U.S. 1 Commercial Corridor CG C-1 MD -2 RM -10 M C-lA MD -2- RM -6 C -1A Moorings Commercial Node CL C-1 Roseland Tourist/Commercial Node CL C-1 I-95/C.R. 512 Commercial Industrial Node CG 5 JAN 2 9 1986 BOOK 63 FA,t 465 JAN 2 9 1986-7 BOOK 63 F,1 466 Planner Shearer advised that this covers the vast majority of the properties being considered this evening, but there are a number of exceptions to this general conversion table and they are listed on pages 3-11. These exceptions are properties that are not considered in conformance with the Comprehensive Land Use Plan. Included in these exceptions are several commercial and industrial nodes which have not been specifically delineated, and staff has called out individual properties so that they will be assigned appropriate zoning. Mr. Shearer explained that at the last public hearing, the Board instructed staff to take another look at the situation on the north side of North Gifford Road, between 43rd Avenue and Kings Highway. The problem is that the several salvage yards located on the south side of North Gifford Road would revert to IG, General Industrial zoning, which would make them an allowable use, but there are two salvage yards on the north side of the road that were originally proposed to be rezoned to IL, Light Industrial, and this would render them nonconforming uses. Since this is contrary to the spirit and intent of the conversion ordinance, staff went out and tried to identify the uses in the area. Referring to a graphic showing a modified proposal, Mr. Shearer pointed out two parcels of property abutting single family subdivisions. To the east is Crystal Sands subdivision and to the west is Cavalier Estates. Staff does not see any problem with those two parcels going to IL, Light Industrial; however, the salvage yards are in the middle of those two districts and staff feels that it would be appropriate to make this area IG, General Industrial to be consistent with the General Industrial zoning on the south side of North Gifford Road. It is staff's recommendation that the middle part of the area be zoned IG and the two outer parts zoned IL. Mr. Shearer noted that these definitions are not included in the exceptions as yet, but they would take only one entry. Mr. Shearer stressed that the general purpose of this ordinance is to bring all the zoning in the county in conformance with the Comp Plan, which was adopted in January, 1982. Last April the Board converted all the residentially zoned property which -covered 200 square miles and this ordinance includes almost 400 square miles to finish it up. Regardless of whether or not the property has been zoned commercial in the past, any development since 1982 has had to have been in conformance with the Plan. For many people, the zoning has been one thing and their land use another; so, they have been unable to do anything with their land until either the zoning or the land use designation was changed. Now, people will know how they can use their property. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Dale Sorensen, 877 Sandfly Lane, recalled that six or seven months ago, the Board granted their request to rezone 3 acres on SR -60 and 74th Avenue to C -1A, and under this ordinance, that C -1A zoning is now going to be changed to CN zoning which has an 18 -month time provision for commencement of construction on neighborhood commercial nodes. Referring to Ordinance 85-63, adopted in July, 1985, he cited the following: "All neighborhood node approvals shall terminate and become null and void if construction has not commenced, as defined in Section 23.1 (G) (1), within eighteen (18) months of date of approval. In addition, neighborhood node approval shall be terminated upon abandonment of construction, as defined in Section 23.1 (G) (3)." Mr. Sorensen stated that his first interpretation was that this applied to any future requests for commerciallneighborhood nodes, but Mr. Shearer has informed his attorney that this section applies to all CN designations, even the ones now being changed from C -1A and C-1, plus all the ones listed in the proposed ordinance. Mr. Sorensen requested the Board to rezone his property to CL rather than CN, or to exclude those properties 7 BOOK 63 FA -U-467 JAN 219 1996. J JAR 2 9 1996, BOOK 3'Frt R ,Ur. that are already zoned commercial and being converted to CN from the 18 -month requirement for commencement of construction. Mr. Shearer explained that the purpose of the 18 -month provision is to stop speculation p p tion and give someone else an p opportunity to apply for a neighborhood node in that area as there is a provision that neighborhood nodes must be one mile apart. He explained that CN is more restrictive than CL and is the only category with the time restriction; the reason for that is the 1 -mile separation restriction. Mr. Sorensen stressed that CL is closer to what they have now under C -1A, but Chairman Scurlock believed they were given C -1A because the Board felt they were going to do something with the property. Mr. Shearer explained that when this was designated as a neighborhood commercial node, the closest zoning district was the C -1A, but staff had always anticipated that this would be rezoned to CN as soon as the zoning category became available. Currently there are 3 neighborhood commercial nodes on SR -60 zoned C -1A, and staff is recommending that all 3 of them be converted to CN. The nodes are all 3 acres in size. If they do not go ahead and use them in 18 months from today, they will lose them; one of them, however, is already under construction. Mr. Sorensen stated he was happy his property was included in the node, but felt the 18 -month timeframe was too restrictive and placed a tremendous burden on the developer. He did not believe any financial institutions would make loan commitments nor would individuals sign lease agreements when there is a cloud over the property. While Commissioner Bird felt that we should go ahead tonight and rezone that parcel to CN, he agreed that we need to take a look at the 18 -month period and also direct staff to look at speeding up the permitting process. 8 Commissioner Wodtke stated his only problem is that there wasn't any 18 -month provision when Mr. Sorensen applied for the C -IA rezoning. Administrator Wright suggested that we rezone this to CN tonight and then bring it back to the Board before April 1st for consideration to go to CL. Samuel Block, Attorney representing Richard Mills, owner of Florida Truss & Fabricators Company, the Atlantic Machine Works and a tractor dealership on North Gifford Road, pointed out his client's property, which is presently M-1 and is now going to be zoned either IL or IG to conform with the Comp Plan. Attorney Block contended that since his client has had IG uses since 1970, way before the residences were built in that area, the zoning should be IG. He questioned whether these uses can be expanded under the IL designation, and Chairman Scurlock pointed out that expansion of the existing uses would be allowed, but there is an extra step in terms of the process. Planning & Development Director Robert Keating explained that we only require an administrative permit to be obtained once. An existing use does not need an administrative permit to expand, it just has to undergo the normal site plan review process. Attorney Block argued that if they were zoned IG, they wouldn't have to go through the administrative permit process. Mr. Shearer clarified that all of Mr. Mills' current uses are allowed in the IL district; since they are already there, they do not have to get an administrative permit even to expand. Director Keating stressed that the reason staff is recommending IL is to give some measure of protection to the adjacent subdivisions by preventing the establishment of another salvage yard or other heavy use. Attorney Block emphasized that all of the existing uses are allowed in the IG zoning district and believed that the Board was 4 Boos 63 Fact 469 • J A N 2 9 1996 BOOK 63 Fact 470 adding an extra burden by zoning the property to IL which requires an administrative permit on a new use. Director Keating offered to write a letter to Mr. Mills clarifying the requirements of the administrative permit process on Light Industrial zoning. John Kern, 2465 15th Avenue, owner of the middle section of the piece of property under discussion, noted that he has been using it as a storage and a junk yard for almost two years. He objected to his property being cut in half with two different zonings, which would leave him without any frontage or access to one piece. Mr. Shearer confirmed that the portion of Mr. Kern's property which is proposed for IL zoning can continue as a salvage yard just as it is now; however, that part of the property cannot be expanded. If Mr. Kern wanted to expand the salvage business, it would have to be done on the part of his property that is zoned IG. Director Keating confirmed that he could keep the junk yard, whether or not the ownership changes. Mike Starckx, 1016 38th Avenue, was assured that his property was going to be rezoned to CG, which allows salvage yards. George Glenn, Attorney representing Richard Pozniac, owner of the other side of the property under discussion, objected to the proposed IL zoning. He pointed out that his client bought his property back in 1970 with the intention of building a salvage yard. Although he received site plan approval in 1974 for a salvage yard, and again in 1983 after the Comp Plan was adopted, he did not commence construction. He noted that_ Ordinance 85-63 states that where IG abuts residential, they can put in a 50 -ft, opaque, landscaped barrier area to buffer the industrial use. However, when Mr. Pozniac got his site plan approval in 1983, there were no complaints from the residents nor has there been any since that time. Attorney Glenn said his 10 client is requesting to remain heavy industrial because-thdy understand that he could not put a junk yard in there because the proposed ordinance would require a 500 -ft. separation from residential. He admitted his client does not have an active site plan .at this time, but urged the Board to allow Mr. Pozniac to use his property for a salvage yard, the purpose he purchased it for 15 years ago. Commissioner Lyons asked what limitations CL would have on Mr. Pozniac's property, and Mr. Shearer explained that while he would not be allowed to build a salvage yard, he could have anything from a restaurant to mini -storage warehouses, light manufacturing activities such as candy and confections, chemical and allied products, dairy products, electronic equipment, fabricated metal, extracts and syrups, etc. Richard Pozniac addressed the Board and repeated his attorney's arguments, explaining that he has not built the junk yard as yet because of financial and medical problems. Mr. Shearer stated that a salvage yard is a special exception use, and it has to be 500 feet from residential. Even if Mr. Pozniac's property was zoned CG, he could not have a salvage yard because of that restriction. Mr. Pozniac asked when this all came about, because he has been unaware of all these things going on with his property as he lives in Ft. Pierce. He stressed that he heard about this rezoning just two week ago, and compared this process to living in Russia. Chairman Scurlock believed that the process must work fairly well, because Mr. Pozniac is here tonight and the Board is receiving his input. Commissioner Bird explained that the action we are taking tonight is having an effect on approximately 800 of the land mass in the county and if we tried to notify each and every property owner individually, the mailing would run in the hundreds of 11 JAN 2 9 1986 Bou 63 PAc-t 471 V JAN 2 9 1986 BOOK 63UC 12 thousands of dollars. We have followed the law and published all required notices in the local newspapers. Administrator Wright pointed out that in order for Mr. Pozniac to put a salvage yard in there, the Board would have to change the 500 ft. restriction and that would require adopting another ordinance. That cannot be done at tonight's public hearing because it hasn't been advertised for that purpose. Commissioner Lyons felt that if the present ordinances say that the property cannot be used for a salvage yard, then it should be rezoned consistent with the ordinances. If we change the ordinances, then there is the opportunity to go back and revisit the matter. - Commissioner Wodtke preferred to have all the junk yards in one area, but he did not know how we could control that. Mr. Pozniac noted that there are other salvage yards around there and did not understand why he was being singled out. Commissioner Bird pointed out that if Mr. Pozniac had activated his site plan that was approved in 1983, he would be grandfathered in like the other salvage yards in that area, and would not even be here tonight. He further noted that Mr. Pozniac has many options open to him with the CL zoning. Chairman Scurlock stressed that Mr. Pozniac always has the ability to come back and request a rezoning or a Comp Plan amendment. William Collins, Attorney representing J. B. Malone, owner of property along the east side of U.S. #1 and the north side of 37th Street, the entrance to the hospital node, objected to the proposed change in zoning from C-1 to RM -8. He circulated a survey of the triangular piece in question and wanted the -Board to be aware that this is not a deep piece of property even though it has 217 feet of frontage. The problem is that the proposed RM -8 zoning requires a 20 -ft, front setback and a 25 -ft. rear setback, but the property is only 25 ft. deep at the widest point and contains less than 6000 square feet. If Mr. Malone removed 12 his present non -conforming use, a tractor service which' -has' been there for 18 years, he would be left with a piece of residential property without the proper lot dimensions to allow a single family home. Mr. Malone is investigating having an alley to the east side of the property abandoned in order to add 20 feet of depth to his parcel. However, that still would only give him space for one single-family home. His client appreciates the multiple -family zoning along U.S. #1, but that would only be possible if they could combine properties to add enough depth to put up some kind of a berm or buffer. Referring to the survey, he noted that the property does have access on the north and south to 37th Street and 37th Place. Chairman -Scurlock understood that with any zoning classi- fication, it is questionable that they have a buildable piece of property, but Attorney Collins advised that with commercial there is only a 10 -ft. front setback. Commissioner Lyons recalled that it was staff's recommendation to include those blocks in the Geoffrey Subdivision that were between 37th Street and 37th Place in the hospital node, but the Board chose not to. Having reconsidered, he felt that we ought to include that first row of blocks in the hospital node, which would then include that triangular piece on U.S. #1 as well. He suggested that we go ahead with the ordinance tonight as proposed, and consider including that area in the hospital node when that issue is addressed at the February 19th meeting. Attorney Collins stated that if the Board agrees to reconsider the matter, they would be satisfied. Commissioner Wodtke felt that he would be willing to revisit the issue, but he would like to see considerable support from the property owners in the area with regard to taking it out of residential and putting it into commercial use. Reverend Charlie Jones presented a list of signatures from residents in Geoffrey Subdivision who wish to have all of the 13 JAN 2 9 1986 BOOK 63 me 473 JAN 2 9 1986 BOOK 63, Frit 474 subdivision zoned residential. They oppose being in a hospital zone. There is a church down there and the residents have been there many years. Commissioner Wodtke explained that this cannot be done tonight, but it would be considered at the February 19th meeting at 9:05 o'clock A.M. He asked the residents to take a hard, constructive look at Barber Avenue and then give the Board their thoughts on the specific portion of the subdivision that abuts 37th Street. Mr. Shearer advised that although they may not be able to .include those two blocks in the hospital node boundaries on February 19th, they -could consider it and send it back to staff to look at it later. Chairman Scurlock felt there is going to be continued pressure on that subdivision because of the hospital and commercial activity and that the Board and Planning staff need the input of all the community at the public hearings. Chairman Scurlock asked if anyone else wished to speak on this matter. There were none. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously adopted Ordinance 86-15, providing for a comprehensive amendment to the county's zoning atlas to new districts described in Appendix A of the Zoning -Code, with the inclusion of the one provision for North Gifford Road. Y 14 0 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously authorized staff to bring back the 18 -month timeframe restriction with respect to commencement of construction on neighborhood commercial nodes. 15 BOOK 63 . HL 4 15 JAN 2 9 1986 ORDINANCE # 86 - 15 BOOK 63 FAG, 476 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A COMPREHENSIVE AMEND- MENT TO THE COUNTY'S ZONING ATLAS BY CONVERTING THE ZONING DISTRICTS DEPICTED ON THE ATLAS TO NEW DISTRICTS DESCRIBED IN APPENDIX A OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, IN ACCORDANCE WITH THE COUNTY'S COMPREHEN SIVE LAND USE PLAN; PROVIDING FOR EXCEPTIONS TO THE CONVER- SION TABLE; REPEALING SECTION 4, A, AGRICULTURAL DISTRICT; SECTION 18, B-1, PLANNED BUSINESS DISTRICT; SECTION 18.1, MED, MEDICAL DISTRICT; SECTION 19, C -1A, RESTRICTED COMMER- CIAL DISTRICT; SECTION 20, C-1, COMMERCIAL DISTRICT; SECTION 20.1, C-2, HEAVY COMMERCIAL DISTRICT; SECTION 21, LM -1, LIGHT MANUFACTURING DISTRICT; AND SECTION 22, M-1, RESTRICT- ED INDUSTRIAL DISTRICT; AND PROVIDING FOR CODIFICATION; SEVERABILITY; REPEAL OF CONFLICTING PROVISIONS; AND EFFEC-. TIVE DATE. WHEREAS, The Board of County Commissioners of Indian River County has adopted a Comprehensive Land Use. Plan, Ordinance #82-21, pursuant to -Chapter 163 of the Florida Statutes; and WHEREAS, Chapter 163 of the Florida Statutes requires that all future development be consistent with the County's adopted Comprehensive Land Use Plan; and WHEREAS, the existing zoning of many areas of the County is not in conformance with the County's adopted Comprehensive Land Use Plan; and WHEREAS, on January 16, 1985, the Board of County Commis- sioners adopted fourteen new residential zoning districts to specifically implement the provisions of the County's adopted Comprehensive Land Use Plan; and WHEREAS, on July 24, 1985, the Board of County Commissioners adopted eight new nonresidential zoning districts to specifically implement the provisions of the County's adopted Comprehensive Land Use Plan; and WHEREAS,_a table has been prepared to convert the existing nonresidential, and some residential zoning districts depicted on the zoning atlas to the new nonresidential and residential zoning districts; and -1- M M M ORDINANCE # 86 - 15 WHEREAS, certain exceptions to the general conversions are necessary to assign the appropriate zoning districts to prop- erties which contained lawfully conforming uses when the Compre- hensive Plan was adopted or have been determined by the Board of County Commissioners to be in conformance with the Comprehensive Plan; and WHEREAS, after the conversion table is adopted, eight non- residential zoning districts will no longer appear on the Coun- ty's Zoning Atlas; and WHEREAS, the Board of County Commissioners wishes to repeal eight nonresidential zoning districts which will no longer appear on the County's Zoning Atlas; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida: SECTION 1 All properties lying in unincorporated Indian River County which have any of the "old zoning district" classifications listed in the below table are hereby rezoned to the corresponding "new zoning district" classifications listed below, as determined by reference in such table to the existing land use designation for such properties. Appropriate and necessary revisions to the County Zoning Atlas to reflect such rezoning are hereby au- thorized and approved. -2- JAh" 21 9 1986 63, FAZE 477 ZONING CONVERSION TABLE Old New Zoning Land Use Zoning District (s) Designation (s) District A ALL A-1 MED ALL MED C-2 ALL CH LM -1 ALL IL C-1 BCID R-BCID B-1, C -1A MXD CL B-1, C -1A, C-1 LD -1 RM -3 B-1, C-lA, C-1, M-1 LD -2, MD -1 RM -6 M-1 LD -1 RS -3 C-1 MXD CG M-1 MXD IL C-1 AG A-1 C-1 RR -1 RFD C-lA, M-1 Environmentally Sensitive RS -1 C -1A, RM -6 37th Street Hospital/Commercial Node MED C -1A, RS -6 Kings Highway Commercial Node CL C -11A Kings Highway Commercial Node CG -2- JAh" 21 9 1986 63, FAZE 477 JAN 2 0 1986 ORDINANCE # 86 - 15 BOOK 63. u, -UE 47.8' C-1, C-lA Oslo Road & U.S. 1 Commercial Node CG C-1 Oslo Road & 27th Ave. Commercial Node CL C-1 Oslo Road & 74th Ave. Commercial/ CG Industrial Node M-1 Oslo Road & 74th Ave. Commercial/ IG Industrial Node M-1 South Winter Beach Road Industrial Node IL C-lA, C-1 Hobart Road & U.S. 1 Commercial/ CL Industrial Node C-1 U.S. 1 Commercial Corridor CG C-1 MD -2 RM -10 C-lA MD -2 RM -6 C-lA Moorings Commercial Node CL C-1 Roseland Tourist/Commercial Node CL C-1 I-95/C.R. 512 Commercial Industrial Node CG SECTION 2 The County's Comprehensive Plan states that it was not the intent of the Board of County Commissioners to create nonconforming uses by the adoption of the Plan. All lawful, conforming uses in existence at the date of Plan adoption shall be considered consistent with the Plan. In addition, projects that had received site plan approval or subdivision plat approval at the date of the adoption of the Plan shall be considered in conformance with the Plan. Notwithstanding anything to the contrary in Section One, the following specifically identified properties are hereby rezoned from their existing "old zoning district" classifications to the "new zoning district" classifications listed below for each such property. The Board determines that each such rezoning is consistent with the Comprehensive Plan, based on the above provision of the Plan, regardless of the current land use designation depicted on the Land Use Map for such properties, and appropriate changes to the County Zoning Atlas are hereby authorized and approve to reflect such rezonings. Old New Zoning Zoning District(s) Location District C-1 Tracts 1639 thru 1643, inclusive, RS -6 Fellsmere Farms Subdivision C-1 Lots 4 thru 12, inclusive, RS -6 Block A, Ercildoune Heights Subdivision -3- A-1 C-1 C-1 C-1 M-1 RM -6 RMH-8 RMH-8 C-1 A M-1 C-1 M' C-1 C-1 C-1 C-1 C-1 C -1A C-lA M-1 ORDINANCE # 86 - 15 Tracts 1239 thru 1243, inclusive, RMH-8 Tracts 1250 thru 1254, inclusive, and Tracts 1342 and 1343, Fellsmere Farms Subdivision Lot 1, Jeans Unit, Indian River Twin OCR Estates Subdivision Lot 16, Riverview Subdivision CG Lot 18, Wauregan Subdivision OCR N j Section 25, Township 30S, Range 38E CL Lot 24, Wauregan Subdivision CL Sj Section 25, Township 30S, Range 38E CG Lots 17 through 20, inclusive, A.A. IL Berry Subdivision Lots 37, 41, and 42, A.A. Berry Sub- RM -4 division Haven View Subdivision RM -4 SW $ of Section 21, Fleming Grant RMH-6 SW j of Section 30, Fleming Grant RMH-6 Sections 22, 23, and 27 Township 31 S, CL Range 39 E Vero Lake Estates Subdivision RS -3 Sebastian Grove Estates Subdivision CH Section 7, Township 31 S, Range 39E CG lying east of U.S. #1 Lot 9 and Lots 11 through 16, inclusive, Block 1 Sebastian Grove Estates CH Subdivision Section 7, Township 31 S, Range 39E CH lying Wiest of U.S. #1 Section 8, Township 31 S, Range 39E CG except Gov. Lot 2, lying east of U.S.1 Section 8, Township 315, Range 39E, CH lying west of U.S. 1 N 3/4 of Section 17, Township 31S CL Range 39E SW 1/4 of SE 1/4 of Section 17, CRVP Township 31 S, Range 39E S 1/2 of NE 1/4 of NW 1/4 and N 1/2 of CL SE 1/4 of NW 1/4 of Section 17, Township 31 S, Range 39E S 1/2 of SE 1/4 of NW 1/4 of Section OCR 17, Township 31 S, Range 39E SW 1/4 of NE 1/4 of Section 20, CH Township 31 S, Range 39 E -4- JAN 2 9 1986 BOOK 63 Fnu-t 479 r JAN �2 9 1936 M-1 M=1 RS -6 C -1A C -1A C -1A, C-1 RM -6 C-1 C-1 C -1A C-1 C-1 C -1A, C-1 C-1, C -1A M-1 RS -6 C-1 RS -3 C-1 C- 1A C- 1A C -1A RS -6, C -1A C-lA C -1A BOOK 63 rvur 480 ORDINANCE # 86 - 15 S 1/2 of Section 20, Township 31 S, CH Range 39E NW j of NE J of Section 20, Township 31S, Range 39E IL Section 21, Township 31S, Range 39E RM -6 N 1/2 of S 1/2 of Section 23, Township RM -4 31 S, Range 39E Lots 10 and 11, Summerplace Subdivision, RS -6 Unit 1 Lots L, M, 5, 4, 3, Park, Summerplace CN Subdivision, Unit 1 Oceanaire Heights Subdivision RT -6 Section 26, Township 31S, Range 39E CG SW J of SWj of Section 28, Township 31S Range 39E CL SE J of SW $ of Section 28, Township 31S Range 39E CH Cadenhead Subdivision CL SW $ of SE i of Section 28, Township 31S Range 39E, lying west of U.S. #1 CH W j of NW j of SE j of Section 28, Township 31S, Range 39E CL Tracts A & B, Blocks 1, 2, 3, and 11, CL Weona Park Subdivision & Lots 1 through 12, inclusive, Wabasso Tourist Court CL SW J of Section 28, Township 31S, IL Range 39E Section 29, Township 31 S, Range 39E RM -6 Blocks 1, 3, and 6, Colored School CL Subdivision N 1/2 of NW 1/4 of NE 1/4 of Section RM -3 32, Township 31 S, Range 39E NE 1/4 of NW 1/4 of Section 33, CH Township 31 S, Range 39 E NW i of NE i of Section 33, Township 31S, Range 39E, located west of Old Dixie Highway CH Lots 5 through 12, inclusive, Block 2, CH_ Graves Addition to Wabasso Subdivision Lots 1,2,3,13,14 of Block 2, Lots 5 CL and 6 of Block 1, and Lots 4 through 7, inclusive, Graves Addition to Wabasso Blocks 3, 5, 6, 7, and 8, Graves Addi- OCR -tion to Wabasso Subdivision Block 1, Wabasso Manor Addition Sub- OCR division NW j of SE $ of NE j of Section 33, CL Township 31 S, Range 39E ORDINANCE # 86 - 15 RMH-6,C-lA S I of SE J of NE i of Section 33, CL Township 31S, Range 39E M-1 SEi of Section 33, Township 31S, Range 39E IL RS -6 Lot 49, and Tracts "Be' and "C" RM -6 Hobart Landing Subdivision C-lA SW 1/4 of SW 1/4 of SW j Section 34, CH Township 31 S, Range 39E M-1 N 3/4 of Section 3, Township 32S, Range 39E IG M-1 N 1/2 of NE 1/4 of NE 1/4 of Section 4, IG Township 32 S, Range 39E C-lA, RM -3 Section 5, Township 32 S, Range 39E RS -3 RS -3 Indian River Highlands Subdivision RS -6 C-lA Blocks 1 and 2 and Lots 1 thru 7, RS -6 inclusive, Block 4, Jennings Addition to Quay Subdivision C-lA Lots 1 thru 6, inclusive, Block 3, Jennings Addition to Quay Subdivision CH C -1A Triangular piece of property located south of N. Winter Beach, Rd., west of Jennings Addition to Quay Subdivision, and east of U.S. #1. CH M-1 Lots 8 thru 11, inclusive, Block 2, CH Quay Subdivision M-1 Lots 4 thru 7, inclusive, Lots 12 thru 19, inclusive, Block 2 and Lots 4 thru 16, inclusive, Block 3, Quay Subdivision RM -6 M-1 NW $ of NE i of Section 10, Township 32S, Range 39E, located west of U.S. #1 and north of 67th Place CL M-1 NE A of NW 'i of Section 10, Township 32S, Range 39E, located east of Old Dixie Highway RM -6 M-1 That part of Pletcher's Addition to RM -6 Winter Beach Lying west of 34th Terrace M-1 Parcel Nos. 10 32 39 00 1000 036.0 CH 10 32 39 00 1000 029.1 10 32 39 00 1000 029.0 10 32 39 00 1000 027.0 10 32 39 00 1000 037.0 C-lA Parcel No. 10 32 39 00 1000 022.0 CL M-1 Parcel Nos. 10 32 39 00 1000 038.0 RM -6 10 32 39 00 1000 035.0 10 32 39 00 1000 034.0 10 32 39 00 1000 033.0 10 32 39 00 1000 032.0 10 32 39 00 1000 030.0 10 32 39 00 1000 031.0 10 32 39 00 1000 028.0 10 32 39 00 1000 026.0 10 32 39 00 1000 025.0 2 9 1 -6- BOOK 6 r a481 JAN 9�6. . JAN -2 9 196 M-1 C-lA, RS -3 C-lA M-1 M-1 M-1 RM -6 C -1A M-1 M-1 M-1 C-lA,RM-6 C -1A M-1 C-1 C-lA C- 1A C- 1A C-1 C-lA, RM -6 C -1A C-lA BOOK 63 rm;-C 4-8? ORDINANCE # 86 - 15 That part of Parcel No. 10 32 39 00 1000 023.0 lying west of U.S. #1 and East Old Dixie Highway RM -6 The west } of SW j of SE $ of Section 3, Township 32S, Range 39E CH SE J of SW $ of Section 3, Township 32S Range 39E, lying east of U.S. #1. CH Parcel No. 3 32 39 00 5000 018.2 CH Parcel Nos.3 32 39 00 5000 018.0 RM -6 3 32 39 00 5000 017.0 3 32 39 00 5000 016.0 3 32 39 00 5000 015.0 3 32 39 00 5000 002.0 That part of the NW j of the SE I of CL Section 10, Township 32S, Range 39E, lying east of Old Dixie Highway and West of U.S. #1. Section 15, Township 32 S, Range 39E RM -4 SW $ of SW i of Section 14, Township 32S, Range 39E CL The west 30 acres of Tract 16, Section IG 21, Township 32S, Range 39E, less the east 125 feet Section 22, Township 32 S, Range 39E IG S 1/2 of SE 1/4 of Section 15, Township IG 32 S, Range 39E lying east of Lateral H Canal and west of F.E.C. Railroad SE $ of SW $ of Section 23, Township 32S, Range 39E CG The south 1100 feet of SW j of NW j of Section 23, Township 32S, Range 39E CL Section 26, Township 32 S, Range 39E CH NW i of NW i of Section 26, Township 32S, Range 39E RM -10 The South 300 feet of the SEI of NE4 of NW$ Section 26, Township 32S, Range 39E CL E 1/2 of SE 1/4 of Section 15, Town- CG ship 32 S, Range 39 E N 1/2 of NE 1/4 of NW 1/4 of Section CH 26, Township 32 S, Range 39E _ NE 1/4 of NW 1/4 of Section 26, Town- CH ship 32 S, Range 39E, less the south 400 feet W.E. Geoffrey Subdivision RM -8 -SW 1/4, Section 26, Township 32 S, CG Range 39E SE 1/4, Section 26, Township 32 S, CG Range 39E lying west of U.S. Highway 1 ORDINANCE # 86 - 15 RS -6 Section 26, Township 32 S, Range 39E RM -6 I M-1 N 1/2 of Section 28, Township 32 IG Township 33 S, Range 38E Range 39E C-1 NE j of Tract 13, Section 2, Township RMH-8 LM -1 Tracts 5, 6, and 12, Section 28, Town- CH ship 32 S, Range 39E RM -8 C-1 South j of Tract 13, Section 2, Town- RM -3 Section 36, Township 32 S, Range 39E RM -6 C -1A Tracts 8 and 9, Section 1, Township CN Section 3, Township 33 S, Range 38E 33 S, Range 38E C-1 Tract 9, Section 4, Township 33 S, CG C-lA, B-1, RM -6 West 30 acres of Tract 12, Section CL -8- JAN 2 9 1986 BOOK 63 P"a 483 1, Township 33 S, Range 38E C-1, B-1, A, C-lA Tracts 5, 9, 10, 11, 12; and NW CG and SW $ of NE } of Tract 13, Section 2, Township 33 S, Range 38E C-1 NE j of Tract 13, Section 2, Township RMH-8 33 S, Range 38E, less the SW $ B-1 Tracts 7 and 8, Section 2, Township 33S Range 38E RM -8 C-1 South j of Tract 13, Section 2, Town- CH ship 33S, Range 38E B-1, C-lA Paradise Park Subdivision CL C-1 Section 3, Township 33 S, Range 38E CG C-1 Tract 9, Section 4, Township 33 S, CG Range 38E M-1 Tract 1, Section 9, Township 33 S, IL Range 38E C-lA Section 1, Township 33 S, Range 39E OCR B-1 Lots 11 and 12 Wallace Acres Subdivision CL A Tract 8, Section 5, Township -33S RM -6 Range 39E C -1A Section 5, Township 33 S, Range 39E CL A Rivera Estates Subdivision RS -6 C-1 Tract 5, Section 6, Township 33 S, RMH-8 Range 39E C-lA Tract 8, Section 6, Township 33 S, CN Range 39E M-1 Section 11, Township 33 S, Range 39E CH RS -6, LM -1 NW 1/4, Section 12, Township 33 S, CH Range 39E C-1 SW 1/4, Section 12, Township 33 S, CL Range 39E RS -6 N J of N I of Si of SW j of Section 12, RM -6 Township 33 S, Range 39E M-1 Blocks 2 thru 4, inclusive, Rosedale CH Gardens Subdivision -8- JAN 2 9 1986 BOOK 63 P"a 483 M-1 C-lA M-1 M-1 M-1 M-1 M-1 C -1A, M-1 M-1 M-1 M-1 C -1A, M-1 C -1A, M-1 C-lA, M-1 C-1, M-1 C-1 M-1 C-1 RS -3 RS -3 C-1 C-1 BOOK 6 . ui,aL 484 ORDINANCE # 86 - 15 Blocks 1 and 5 Rosedale Gardens CG Subdivision Lots 13 thru 16, inclusive, and the CL east 1/2 of Lot 17, Gablers Subdivision East 1/2 of NW 1/4 of Section 12, Town- IG ship 33 S, Range 39E less the south 850 feet South 850 feet of SE 1/4 of NW 1/4 of CG Section 12, Township 33 S, Range 39E located east of F.E.C. Railroad SW 1/4 of NW 1/4 of Section 12, Town- CH ship 33 S, Range 39E E 1/2 of NE 1/4 of SW 1/4 of Section IG 12, Township 33 S, Range 39E, lying west of F.E.C. Railroad N 1/2 of SE 1/4 of SW 1/4 of Section IG 12, Township 33 S, Range 39E, lying east of Old Dixie Highway W 1/2 of NE 1/4 of SW 1/4 of Section CH 12, Township 33 S, Range 39E, lying east of Old Dixie Highway S 1/2 of SE 1/4 of SW 1/4 of Section CH 12, Township 33 S, Range 39E SE 1/4 of SW 1/4 of Section 12, Town- CH ship 33 S, Range 39E, lying east of the F.E.C. Railroad SW 1/4 of SE 1/4 of Section 12, Town- CH ship 33 S, Range 39E, lying west of U.S Highway 1 Lots 1 thru 4, inclusive, J.A. Harris CH Subdivision Lots 1 thru 8, inclusive, Gablers CH Subdivision Gloria Gardens Subdivision CH East 1/2 of Section 13, Township CH 33 S, Range 39E, lying west of U.S. Highway 1 and east of F.E.C. Railroad SE J of Section 13, Township 33S, CL Range 39E SE 1/4 of Section 13, Township 33 S, IG Range 39E, lying west of F.E.C. Railroad Sections 15 and 16, Township 33 S, CG Range 39E Stevens Park Subdivision RS -6 Pine Tree Park Subdivision RS -6 -S 600' of E 10 acres of W 20 acres of CH Tract 15, Section 22, Township 33 S, Range 39E S 600' of W 10 Acres of E 20 acres of RM -3 Tract 15, Section 22, Township 33 S, Range 39E C-1 C-1 C-1 C-1 C-1 C-1, M-1 C-1 C-1 C-1 M-1 RS -6 C-1 C-1 C-1 C-1 C-1 C-1 C-1 C-1 C-1 M-1 RM -8, A C-1 JAN 2 9 1986 ORDINANCE # 86 - 15 NW 1/4 of Section 22, Township 33 S, CG Range 39E ' South 520 feet of the East 10 acres of CL Tract 8, Section 22, Township 33S, Range 39E NW 1/4 of Section 23, Township 33 S, CN Range 39E Tracts 14 and 15, and west 400 feet RM -6 of Tract 16, Section 23, Township 33 S, Range 39E East 20 acres of Tract 16 & east 265 CH feet of east 10 acres of west 20 acres of Tract 16, Section 23 S, Township 33 S, Range 39E Blocks D and E, Oslo Park Subdivision CH South 300 feet of Tract 14, Section CL 24, Township 33 S, Range 39E North 300 feet of South 600 feet of RM -6 Tract 14, Section 24, Township 33 S, Range 39E Tract 15, Section 24, Township 33 S, CL Range 39E NE I of Section 24, Township 33 S, Range 39E IG North 600 feet of the NW I, Section 25, RM -6 Township 33 S, Range 39E Tract 3, Section 26, Township 33 S, CL Range 39E Block A, Oslo Park Subdivision, Unit 7 CG W# of Section 27, Township 33 S, Range 39E CL NW$ of NEI of NEI Section 27, Township 33S, Range 39E RS -3 Section 28, Township 33 S, Range 39E RS -3 Section 34 and 35, Township 33 S, CN Range 39E SW 1/4 of Section 18, Township 33 S, CL Range 40E, Florida Federal Saving Site, NW 1/4 OCR Section 19, Township 33 S, Range 40E W 1/2, SW 1/4, Section 19, Township CL 33 S, Range 40E Section 19, Township 33 S, Range 40E CH Section 21, Township 33 S, Range 40E RS -3 Blocks L and R, Unit 4; Blocks K & B, RS -6 Unit 3; Blocks A, T and U, Unit 2; Dixie Heights Subdivision -10- BOOK 63 r,.- 485 JAN 2 9 1966 Boa 63+,,t 486 ORDINANCE # 86 - 15 C-1, LM -1, M-1 Block S, Unit 4, and Block V, Unit 5, CH Dixie Heights Subdivision C-1, M-1 West 1/2 of Section 30, Township 33 S, CH Range 40E, lying west of F.E.C. Railroad and east of Old Dixie Highway C-1, M-1 West 1/2 of Section 30, Township 33 S, CG Range 40E, lying west of U.S. Highway 1 and east of F.E.C. Railroad C-1 Lots 1 thru 4, inclusive, Block A and CH Blocks B and C, Granada Gardens Subdivision C-1 Lots 5 thru 10, inclusive, Block A, CL Tracts A and B, and Block E, Granada Gardens Subdivision M-1 SE 1/4 Section 31, Township 33 S, CH Range 40E M-1- N 1/2 Section 31, Township 33 S, CH Range 40E, lying west of F.E.C. Railroad M-1 N 1/2 Section 31, Township 33 S, CG Range 40E, lying east of F.E.C. Railroad C-1 SW 1/4 of NE 1/4 of Section 31, Town- CG ship 33 S, Range 40E lying south of drainage ditch right-of-way C-1 SE 1/4 of Section 31, Township 33 S, CG Range 40E SECTION 3 The following Sections of Appendix A, Zoning, of the Code of Laws and Ordinances, also know as Ordinance 71-3, as amended, are hereby repealed in their entirety: Section 4, A, Agricultural District; Section 18, B-1, Planned Business District; Section 18.1, MED, Medical District; Section 19, C-lA, Restricted Commercial District; Section 20, C-1, Commercial District; Section 20.1, C-2 Heavy Commercial District; Section 21, LM -1, Light Manufacturing District; and Section 22, M-1, Restricted Industrial District. SECTION 4 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the e legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. ORDINANCE # 86 - 15 INCORPORATION IN CODE The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitu- tional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part, with the exception that should the application of the "new districts" to any property be held unconstitutional, inoperative or void, then such property shall be considered zoned under the "old district" applicable to the property as of the date of adoption of this ordinance. SECTION 7 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 29th day of January 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: G 24"e��. DON C. SCURLOCK, JRLV Chairman Acknowledgement of the Department of State of the State of Florida this 6th day of February 1986. -12- BOOK JAN 2 9 1966 63 F,.,t-487 J JAN'2 9 19864 63 F� �E 488 ORDINANCE # 86 - 15 Effective Date: Acknowledgement from the Department of State received on this 10th day.ofFebruary. , 1986, at 11:00 A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. Bruce Barkett, Assistant County Attorney NON.RES.CONV.ORD. RICH2 -13- M There being no further business, on motion duly made, seconded and carried, the Board adjourned at 8:45 o'clock P.M. ATTEST: L�L J--� Clerk 17 ........... Chairman BOOK 63 Fv,UE489