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Home My WebLink About1998-17AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR A f2.7 ACRE TRACT LOCATED ON THE EAST SIDE OF US 15 APPROXIMATELY 1.8 MILES NORTH OF CR 510, FROM C/I TO L-2; AND BY CHANGING THE LAND USE DESIGNATION FOR A NEARBY f2.7 ACRE TRACT, FROM L-2 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 request on June 11, 1998 after due public notice, and WHEREAS, the Local Planning Agency voted 5 to 0 to recommend approval of this comprehensive plan amendment to the Board of County Commissioners, and WHEREAS, this Comprehensive Plan Amendment meets the criteria established in Chapter 163.3187(1)(c), FS, for "small scale development amendments", and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on July 11, 1998, after advertising pursuant to Chapter 163.3187(1)(c), FS and Chapter 125.66(4), FS; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: W.& MIS W471WIVIROUFFITIMIR1011 The amendment to the Indian River County Comprehensive Plan identified in section 2 is hereby adopted as a small scale development amendment, and one (1) copy is 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. The land use designation of the following described property situated in Indian River County, Florida to wit: A PARCEL OF LAND SITUATED IN A PART OF GOVERNMENT LOTS 5 AND 6, SECTION 21, AND PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, ALL LYING EAST OF U.S. HIGHWAY NO. 1, INDIAN RIVER COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 5, SECTION 21, TOWNSHIP 31 SOUTH, RANGE 39 EAST, THENCE RUN NORTH 0002813211 EAST A DISTANCE OF 280.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 75057'44" EAST A DISTANCE OF 309.79 FEET TO THE NORTHERLY RIGHT OF WAY OF S.R. LATERAL DITCH NO. 1; THENCE RUN SOUTH 64°24'31" WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 63.04 FEET; THENCE RUN SOUTH 44003'16" WEST A DISTANCE OF 268.10 FEET TO THE INTERSECTION OF THE EAST RIGHT OF WAY OF U.S. HIGHWAY NO. 1; THENCE RUN NORTH 25°57'44" WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 418.67 FEET; THENCE RUN NORTH 57000'16" EAST A DISTANCE OF 143.67 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 115,823 SQUARE FEET OR 2.659 ACRES. Is changed from C/I, Commercial/Industrial to L-2, Low -Density Residential -2 (up to 6 units/acre) 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 SITUATED IN PART OF GOVERNMENT LOT 5, SECTION 21 AND PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 5 AND RUN SOUTH 00038'22" WEST A DISTANCE OF 38.28 FEET TO THE EAST RIGHT OF WAY OF U.S. HIGHWAY NO. l; THENCE RUN SOUTH 25°57'44" EAST ALONG SAID EAST RIGHT OF WAY A DISTANCE OF 226.20 FEET TO THE INTERSECTION OF THE SOUTH RIGHT OF WAY OF S.R. LATERAL DITCH NO. 1; THENCE RUN NORTH 44003'16" EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 280.99 FEET; THENCE RUN NORTH 64°24'31" EAST A DISTANCE OF 50.93 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 64°24'31" EAST A DISTANCE OF 198.43 FEET; THENCE RUN SOUTH 25°57'44" EAST AND PARALLEL TO THE EAST RIGHT OF WAY OF U.S. HIGHWAY NO. 1 A DISTANCE OF 583.03 FEET; THENCE RUN SOUTH 64002'16" WEST A DISTANCE OF 198.43 FEET; THENCE RUN NORTH 25057'44" WEST A DISTANCE OF 584.32 FEET TO THE POINT OF SAID PARCEL CONTAINS 115,818 SQUARE FEET OR 2.66 ACRES. Is changed from L-2, Low -Density Residential -2 (up to 6 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. 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 Unless challenged, the effective date of this ordinance, and therefore, this plan amendment, shall be August 7, 1998. If challenged, 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. This ordinance was advertised in the Press -Journal on the 24"' day of June, 1998 for a public hearing to be held on the 7`h day of July, 1998 at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner G i n n , and adopted by the following vote: Or BOARD OF COUNTY COMMISSIONERS It OF INDIAN RIVER COUNTY'.' ...., BY: =�A. , ^ Wj Mqqit Jo % W.`Ti ''C ati, �'$= ;^4' r la J k ir Ar.AI 'Ar SlIt . ATTEST BY: Jeffre f Barton'Cler �- n y at ..,Ll� Acknowledgment by the Department of State of the State oflEfonda this.LL 2Ot1�dY.6f July , 1998 Acknowledgment from the Department of State received on this 13,day of July, 1998, at A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. Filed with Department of State on July 13, 1998. Indian Riva Cu I Approved l Dale Admin. l� Legal u\v\j\lu\hale\cpaord.ord Budge l Dept. Risk Mgr. Aye Chairman John W. Tippin Aye Vice -Chairman Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Commissioner Carolyn K. Eggert A y e Or BOARD OF COUNTY COMMISSIONERS It OF INDIAN RIVER COUNTY'.' ...., BY: =�A. , ^ Wj Mqqit Jo % W.`Ti ''C ati, �'$= ;^4' r la J k ir Ar.AI 'Ar SlIt . ATTEST BY: Jeffre f Barton'Cler �- n y at ..,Ll� Acknowledgment by the Department of State of the State oflEfonda this.LL 2Ot1�dY.6f July , 1998 Acknowledgment from the Department of State received on this 13,day of July, 1998, at A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. Filed with Department of State on July 13, 1998. Indian Riva Cu I Approved l Dale Admin. l� Legal u\v\j\lu\hale\cpaord.ord Budge l Dept. Risk Mgr.