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HomeMy WebLinkAbout1994-29N 8 ORDINANCE NO. 94- 29 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY REDESIGNATING APPROXIMATELY 130.3 ACRES LOCATED AT THE NORTHEAST CORNER OF S.R. 60 AND 66TH AVENUE FROM M-1 TO RC; AND ENLARGING THE S.R. 60 AND 58TH AVENUE NODE FROM 166 TO 296.3 ACRES; AND AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the Board of County Commissioners adopted comprehensive plan amendment number LUDA 94-01-0087 (The Indian River Mall Amendment) on July 19, 1994, and WHEREAS, the Florida Department of Community Affairs (DCA) issued a Statement of Intent to find comprehensive plan amendment number LUDA 94-01-0087 (The Indian River Mall Amendment) not in compliance on September 7, 1994, and WHEREAS, the Board of County Commissioners adopted a compliance agreement on October 18, 1994, and WHEREAS, the Board of County Commissioners must revise the comprehensive plan according to the compliance agreement, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on October 25, 1994, after advertising pursuant to F.S.163.3184(15)(b)(2) and (c); NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendments to the Indian River County Comprehensive Plan identified in section 2 are hereby adopted, and ten (10) copies are directed to be transmitted to the State of Florida Department of Community Affairs, and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. ORDINANCE N0. 94- 29 SECTION 2. Amendments to the Comprehensive Plan 0 The land use designation of the following described property situated in Indian River County, Florida to wit: Beginning at a point being 50.0 feet east and 30.0 feet south of the northwest corner of the northwest one- quarter of section 5, township 33 south, range 39 east, run parallel to the north line of said section 5, S 890 52' 28" E a distance of 614.00 feet to the principal point and place of beginning of the following description: Thence S 890 52' 28" E, 72.00 feet to a point; thence S 00o 07' 32" W, 425.00 feet to a point, thence S 440 52' 28" E, 35.36 feet to a point: thence S 890 52' 28" E, 310.00 feet to a point, thence S 680 00' 00" E, a distance of 165.00 feet to a point; thence S 78o 00' 00" E, a distance of 100.00 feet to a point; thence S 890 52' 28" E, a distance of 325.00 feet to a point; thence S 620 00' 00" E, a distance of 715.00 feet to a point; thence S 400 30' 00" E, a distance of 566.67 feet to a point; thence S 490 43' 56" E, a distance of 416.46 feet to a points thence S 66o 53' 54" E, a distance of 45.00 feet to a point; thence S 890 53' 54" E, a distance of 290.00 feet to a point; thence N 510 10' 06" E, a distance of 127.09 feet to a point; thence S 890 52' 48" E, a distance of 590.00 feet to a point; thence S 00o 07' 12" W, a distance of 943.69 feet to a point on north right- of-way line of State Road 60 Highway, thence run N 890 53' 54" W along said north right-of-way line a distance of 1326.17 feet; thence run S 890 52' 37" W a distance of 709.12 feet to a point of intersection with the southerly extension of the west boundary line of Wallace Acres Subdivision, as recorded in Plat Book 7, page 12 Public Records of Indian River County, Florida, and said north right-of-way; thence run N 00o 02' 44" E along said west boundary line a distance of 494.52 feet to the northeast corner of said subdivision, thence run N 890 50' 24" W along the north boundary line a distance 619.04 feet to a point; thence run S 000 02' 43" W a distance of 497.58 feet to the said north right-of-way line of State Road 60 Highway; thence run S 890 52' 25" W a distance of 1277.97 feet to a point on the west line of Tract 5 of said section 5; thence run N 000 01' 21" E, and parallel to the west line of said section 5 a distance of 1630.00 feet to a point; thence N450 00' 00" E, 465.00 feet to a point; thence N 670 00' 00" E, 123.49 feet a point; thence S 890 52' 28" E, 145.85 feet to a point, thence N 450 07' 32" E, 35.36 feet to a point; thence N 000 07' 32" E, 425.00 feet to the point of beginning and containing 130.336 acres of land more or less. Is changed from M-1, Medium Density Residential (up to 8 units/acre) to RC, Regional Commercial. 0 Policy 1.2 of the Future Land Use Element is revised, as shown on.Attachment A. 0 Policy 1.26a of the Future Land Use Element, as shown on Attachment A, is added. SECTION 3. ORDINANCE NO. 94- 29 Codification The provisions of this ordinance are hereby incorporated into the County Comprehensive Plan, but shall not be codified. 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. SECTION 5. Severability It is declared to De Lne jnUC,LU Vl L.IL� LW�----_____A Commissioners that if any provision of this ordinance and therefore, the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 6. Effective Date The effective date of this ordinance, and therefore, this plan amendment, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolutions shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. This ordinance was advertised in the Vero Beach Press -Journal on the 19th day of October, 1994 for a public hearing to be held on the 25th day of October, 1994 at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Adams , and adopted by the following vote: Chairman John W. Tippin Vice Chairman Kenneth R. Macht Commissioner Fran B. Adams Commissioner Richard N. Bird Commissioner Carolyn K. Eggert�rird :vt . . BOARD OF .0 OF INDIAN BY: Jolie ATTEST....BY : V Aye A yp Ay.P <. may- r'.,AVie - 00, COMMISSIONERS d, Y , J r. ry .. C h a ils man jK:K� Ba on, C er %.1 � -Q, 0 ORDINANCE NO. 94- 29 Acknowledgment by the Department of State of the State of Florida this 8th day of November, , 1994. Acknowledgment from the Department of State received on thisl6th day of N6vember 1994, at 10:00 A.M./RXMX and file'—in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUgFFFFZIICIENCY William G. Collins II, Deputy County Attorney Robert M. Keat Community Deve u\v\j\irmrem.ord irector Indian River Cn Approved Date Admin. /g Legal •D Budget Dept. �© Risk Mgr._�1/� Policy 1.2: The Indian River County Future Land Use Map contains the following land use designations: Conservation Agriculture Residential Commercial/Industrial Regional Commercial Public Facilities Recreation Mixed Use (floating land use designation; not depicted on the future land use map) Policy 1.26a: The Regional Commercial Land use designation is intended for major regional malls and associated retail shopping centers designed to accommodate the needs of the retail market areas that extend beyond the boundaries of the county. These developments will include one or more "magnet" retail stores that are branches of statewide, multi state or national organizations and satellite stores integrated through a common plan of development approved through the Chapter 380, F.S., Development of Regional Impact program. Sites will typically range in size from 90 to 150 acres to accommodate 750,000 to 1,500,000 gross square feet of leasable area (mall plus peripheral commercial) with a minimum open space ratio of 0.25, a maximum building coverage ratio of 0.40 and maximum impervious surface ratio of 0.75.