HomeMy WebLinkAbout1998-11ORDINANCE NO, 98- 11
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE
DESIGNATION FOR ±26.4 ACRES LOCATED BETWEEN 1-95 AND THE HORIZON OUTLET
CENTER, FROM C/I TO C-1; AND BY CHANGING THE LAND USE DESIGNATION FOR
±26.4 ACRES LOCATED APPROXIMATELY ONE HALF MILE SOUTH OF SR 60 AND
APPROXIMATELY ONE EIGHTH MILE WEST OF I-95, FROM M-1 TO C/I; AND
PROVIDING SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Indian River County
Comprehensive Plan on February 13, 1990, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan
amendment requeston January 8, 1998 after due public notice, and
WHEREAS, the Local Planning Agency voted 6 to 0 to recommend approval of this
comprehensive plan amendment to the Board of County Commissioners, and
WHEREAS, The Board of County Commissioners of Indian River County held a Transmittal
Public Hearing on January 27, 1998 after advertising pursuant to F.S. 163.3184(15)(b)(1) and (c),
WHEREAS, the Board of County Commissioners approved the transmittal of this
comprehensive plan amendment to the Florida Department of Community Affairs for their review
and comment, and
WHEREAS, the Board of County Commissioners announced at the transmittal public
hearing its intention to hold and advertise a final public hearing at the adoption stage of the plan
amendment process, and
WHEREAS, the Florida Department of Community Affairs received this Comprehensive
Plan Amendment on February 3, 1998, for the State review pursuant to F. S. 163.3184(4), and
WHEREAS, Indian River County received the Objections, Recommendations, and
Comments (ORC) Report from the Florida Department of Community Affairs on April 14, 1998,
WHEREAS, the ORC Report contained four objections to this comprehensive plan
amendment, and
WHEREAS, the support documents accompanying this comprehensive plan amendment have
been revised to address those objections, and
WHEREAS, the Board of County Commissioners of Indian River County held a
Comprehensive Plan Amendment Adoption Public Hearing on June 2, 1998, 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:
The amendment to the Indian River County Comprehensive Plan identified in section 2 is
hereby adopted, and three (3) 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.
• :u'i�u-� Memo 'I'I - V
The land use designation of the following described property situated in Indian River County,
Florida to wit:
A PARCEL OF LAND BEING IN A PORTION OF TRACTS 10, 15, 16, SECTION 3,
TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA. AS
SHOWN ON THE PLAT OF INDIAN RIVER FARMS COMPANY AS RECORDED IN
PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST, LUCIE COUNTY,
FLORIDA NOW BEING IN INDIAN RIVER COUNTY, FLORIDA.
SAID PARCEL DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WEST LINE OF THE AFORESAID
TRACT 10 AND THE SOUTH LINE OF STATE ROAD 60. (A 200 -FOOT WIDE
RIGHT-OF-WAY): THENCE RUN SOUTH 00°36'28" WEST ALONG THE WEST LINE
OF THE AFORESAID TRACT 10. A DISTANCE OF 600.00 FEET; THENCE RUN
SOUTH 89016'32" EAST, A DISTANCE OF 870.36 FEET TO INTERSECT WITH THE
WEST RIGHT-OF-WAY LINE OF INTERSTATE 95; THENCE RUN SOUTH 25°52'34"
EAST ALONG THE AFORESAID WEST RIGHT-OF-WAY LINE OF INTERSTATE 95,
A DISTANCE OF 174.36 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
ALONG THE AFORESAID WEST RIGHT-OF-WAY LINE OF INTERSTATE 95,
SOUTH 25°52'34" EAST A DISTANCE OF 174.87 FEET; THENCE RUN SOUTH
16048'31" EAST A DISTANCE OF 441.98 FEET TO A CURVE CONCAVE TO THE
RIGHT HAVING A RADIUS OF 5529.58 FEET WITH A CENTRAL ANGLE OF
12052'23 AND AN ARC LENGTH OF 1242.37 FEET TO INTERSECT WITH THE
SOUTH LINE OF THE AFORESAID SECTION 3, TOWNSHIP 33 SOUTH, RANGE 38
EAST; THENCE LEAVING THE AFORESAID WEST RIGHT-OF-WAY LINE OF
INTERSTATE 95, RUN NORTH 88053'55" WEST ALONG THE SOUTH LINE OF
SECTION 3, A DISTANCE OF 463.07 FEET TO A CURVE CONCAVE TO THE RIGHT
AND LEAVING THE SOUTH LINE OF SECTION 3, HAVING A RADIUS OF 25.00
FEET WITH A CENTRAL ANGLE OF 89025'40"1 AN ARC LENGTH OF 39.02 FEET,
THENCE RUN NORTH 00°31'46" EAST A DISTANCE OF 376.18 FEET; THENCE RUN
NORTH 88056'34" WEST, A DISTANCE OF 485.72 FEET; THENCE RUN NORTH
27030'32" WEST A DISTANCE OF 570.61 FEET; THENCE RUN NORTH 00°31'46"
EAST A DISTANCE OF 239.97 FEET; THENCE RUN SOUTH 89°03'56" EAST A
DISTANCE OF 466.42 FEET; THENCE RUN NORTH 00°4328" EAST A DISTANCE
OF 391.19 FEET; THENCE RUN SOUTH 89°16'32" EAST A DISTANCE OF 114.02
FEET TO A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 107.00 FEET
e
ORDINANCE NO. 98-11
WITH A CENTRAL ANGLE OF 68016'46", AN ARC LENGTH OF 127.51 FEET;
THENCE RUN NORTH 22026'42" EAST A DISTANCE OF 186.29 FEET; THENCE RUN
NORTH 6400746" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING.
UIVNI• •' •' C •
OF •'D
Is changed from C/I, Commercial/Industrial to C-1, Publicly Owned or Controlled Conservation -1
(zero density) and the Future Land Use Map is hereby revised accordingly.
The land use designation of the following described property situated in Indian River County,
Florida to wit:
A PARCEL OF LAND BEING IN A PORTION OF TRACT 2, SECTION 10, TOWNSHIP
33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA. AS SHOWN ON
THE PLAT OF INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK
2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA NOW
BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL DESCRIBED AS
FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WEST LINE OF THE TRACT 10,
SECTION 3, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY,
FLORIDA AND THE SOUTH LINE OF STATE ROAD 60, (A 200 -FOOT WIDE RIGHT-
OF-WAY); THENCE RUN SOUTH 00°36'28" WEST ALONG THE WEST LINE OF THE
AFORESAID TRACT 10, A DISTANCE OF 600.00 FEET; THENCE RUN SOUTH
89016132" EAST, A DISTANCE OF 870.36 FEET TO INTERSECT WITH THE WEST
RIGHT-OF-WAY LINE OF INTERSTATE 95; THENCE RUN SOUTH 25052'34" EAST
ALONG THE AFORESAID WEST RIGHT-OF-WAY LINE OF INTERSTATE 95, A
DISTANCE OF 349.23 FEET; THENCE RUN SOUTH 16°48'31" EAST, A DISTANCE
OF 441.98 FEET TO A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF
5529.58 FEET WITH A CENTRAL ANGLE OF 12052'23"5 AN ARC LENGTH OF
1242.37 FEET TO INTERSECT WITH THE NORTH LINE OF AFORESAID SECTION
10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA;
THENCE RUN NORTH 88053'55" WEST AND LEAVING THE WEST RIGHT-OF-WAY
LINE OF INTERSTATE 95 AND RUN ALONG THE NORTH LINE OF SECTION 10,
A DISTANCE OF 182.06 FEET TO THE POINT OF BEGINNING; THENCE FROM THE
POINT OF BEGINNING RUN SOUTH 0200728" EAST, A DISTANCE OF 249.86 FEET;
THENCE RUN SOUTH 12058'12" EAST, A DISTANCE OF 226.19 FEET; THENCE
SOUTH 02026'33" WEST, A DISTANCE OF 206.45 FEET; THENCE SOUTH 79°56'51"
WEST, A DISTANCE OF 257.00 FEET; THENCE SOUTH 79°56'51" WEST, A
DISTANCE OF 120.68 FEET; THENCE SOUTH 01'07'52" WEST, A DISTANCE OF
79.95 FEET; THENCE SOUTH 38°26'27" EAST, A DISTANCE OF 14.30 FEET TO A
CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 60 FEET WITH A
CENTRAL ANGLE OF 1150391101, AN ARC LENGTH OF 121.11 FEET; THENCE
SOUTH 12047'18" EAST, A DISTANCE OF 88.60 FEET; THENCE SOUTH 15°24'20"
EAST, A DISTANCE OF 70.13 FEET; THENCE NORTH 88°53'55" WEST, A DISTANCE
OF 685.66 FEET; THENCE NORTH 13°38'11" WEST, A DISTANCE OF 286.38 FEET;
THENCE NORTH 07056'59" EAST, A DISTANCE OF 29.59 FEET; THENCE NORTH
24029'39" WEST, A DISTANCE OF 15.13 FEET; THENCE NORTH 5102612711 WEST, A
DISTANCE OF 24.55 FEET; THENCE NORTH 10°23'38" WEST, A DISTANCE OF
17.53 FEET; THENCE NORTH 25042'27" EAST, A DISTANCE OF 14.84 FEET;
THENCE NORTH 10030'59" WEST, A DISTANCE OF 44.19 FEET; THENCE NORTH
68048'56" WEST, A DISTANCE OF 17.24 FEET; THENCE NORTH 84°34'33" WEST, A
id
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DISTANCE OF 39.97 FEET; THENCE NORTH 82053'52" WEST, A DISTANCE OF
28.78 FEET; THENCE NORTH 82°32'02" WEST, A DISTANCE OF 32.46 FEET;
THENCE NORTH 14°17'35" WEST, A DISTANCE OF 34.04 FEET, THENCE NORTH
70048'37" EAST, A DISTANCE OF 33.35 FEET; THENCE NORTH 75°55'57" EAST A
DISTANCE OF 20.66 FEET; THENCE SOUTH 89'18'26" EAST, A DISTANCE OF 17.47
FEET; THENCE NORTH 49'19'46" EAST A DISTANCE OF 25.59 FEET; THENCE
SOUTH 62°00'11" EAST, A DISTANCE OF 16.80 FEET; THENCE SOUTH 39°16'48"
EAST, A DISTANCE OF 23.68 FEET; THENCE SOUTH 85°04"09"EAST, A DISTANCE
OF 18.21 FEET; THENCE SOUTH 87°03'44" EAST, A DISTANCE OF 16.64 FEET;
THENCE NORTH 49053'34" WEST, A DISTANCE OF 20.09 FEET; THENCE NORTH
03029'20" WEST, A DISTANCE OF 28.50 FEET; THENCE NORTH 14°48'01" WEST, A
DISTANCE OF 18.47 FEET; THENCE NORTH 39°39'10" WEST, A DISTANCE OF
30.12 FEET; THENCE NORTH 22009'46" WEST A DISTANCE OF 25.87 FEET;
THENCE NORTH 78041'27" WEST, A DISTANCE OF 19.06 FEET; THENCE NORTH
31°10'11" WEST, A DISTANCE OF 32.69 FEET; THENCE SOUTH 85°40'43" WEST, A
DISTANCE OF 34.45 FEET; THENCE NORTH 80°54'43" WEST A DISTANCE OF 46.14
FEET; THENCE NORTH 89°24'43" WEST A DISTANCE OF 18.03 FEET; THENCE
NORTH 00035'17" EAST, A DISTANCE OF 485.63 FEET TO THE NORTH LINE OF
THE AFORESAID SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN
RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 88053'55" EAST ALONG THE
NORTH LINE OF THE AFORESAID SECTION 10, A DISTANCE OF 1239.63 FEET TO
THE POINT OF BEGINNING.
• •' •' •
OF •'
Is changed from M-1, Medium -Density Residential -1 (up to 8 units/acre) to C/I, Commercial/
Industrial and the Future Land Use Map is hereby revised accordingly.
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 4. Severability
It is declared to be the intent of the Board of County 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 5. 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 at a public meeting after public notice of a resolution affirming its effective status, a copy
of which resolution shall be sent to the Department of Community Affairs, Bureau of Local
Planning, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.
ORDINANCE NO, 98- 11
This ordinance was advertised in the Press -Journal on the 26`h day of May, 1998 for a public
hearing to be held on the second day of June, 1998 at which time it was moved for adoption by
Commissioner Eggert , seconded by Commissioner G i nn , and adopted by the
following vote:
Chairman John W. Tippin Aye
Vice -Chairman Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
Commissioner Caroline D. Ginn AAA Aye
Commissioner Carolyn K. Eggert Aye A,..
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BOARD OF COUNTY COMMISSIONERS .
OF INDIAN RIVER COUNTY r r .. `' - a,
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BY. L AAA
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ATTEST BY:.> ' _
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K Barton,'
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Acknowledgment by the Department of State of the State of Florida,.thisday;-o A�¢ r 1998
Acknowled ment from the Department of State received on this /?day of ; :1998, at 9�d
AMO and filed in the office of the Clerk of the Board of County Co
.Missioners of Indian
River County, Florida.
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