HomeMy WebLinkAbout1998-25Ordinance No. 98- 2 5
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING
THE LAND USE DESIGNATION FOR ±7.07 ACRES LOCATED APPROXIMATELY
700 FEET NORTH OF 57r" STREET, BETWEEN OLD DIXIE HIGHWAY AND U.S. 15
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 county received Comprehensive Plan Amendment applications during its
January 1998 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on all Comprehensive Plan
Amendment requests on March 26, 1998 after due public notice, and
WHEREAS, the Local Planning Agency recommended 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 April 28, 1998, after advertising pursuant to F.S. 163.3184(15)(b)(1) and (c), and
WHEREAS, the Board of County Commissioners approved the transmittal of this
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 this Plan
Amendment, and
WHEREAS, the Florida Department of Community Affairs received this Comprehensive
Plan Amendment on May 11, 1998, for the State review pursuant to F. S. 163.3184(4), and
WHEREAS, Indian River County received the Objections, Recommendations; and
Comments (0 C) Report from the Florida Department of Community Affairs on August 7, 1998,
WHEREAS, the ORC Report contained five objections to this Comprehensive Plan
Amendment, and
WHEREAS, the support documents accompanying this Comprehensive Plan Amendment
have been revised to address those objections, and
Community
Affairs for
Comprehensive
Plan
Amendment to the Florida Department of
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 this Plan
Amendment, and
WHEREAS, the Florida Department of Community Affairs received this Comprehensive
Plan Amendment on May 11, 1998, for the State review pursuant to F. S. 163.3184(4), and
WHEREAS, Indian River County received the Objections, Recommendations; and
Comments (0 C) Report from the Florida Department of Community Affairs on August 7, 1998,
WHEREAS, the ORC Report contained five objections to this Comprehensive Plan
Amendment, and
WHEREAS, the support documents accompanying this Comprehensive Plan Amendment
have been revised to address those objections, and
Ordinance No. 98- 2 5
WHEREAS, the Board of County Commissioners of Indian River County held a
Comprehensive Plan Amendment Adoption Public Hearing on September 22, 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:
IX, 111M • •u� ;'e ,t • ur'Vri%rtro. •IT.i�
The amendment to the Indian River County Comprehensive Plan identified in section 2 is
hereby adopted, and five (5) 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.
The land use designation of the following described properties situated in Indian River
County, Florida to wit:
Parcel "A" --- O.R. BOOK 5731 PG, 1793
FROM THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST
1/4 OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN SOUTH 890 48'
30" WEST ALONG THE EAST -WEST 1/4 SECTION LINE, A DISTANCE OF 888.48
FEET TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF OLD U.S.
HIGHWAY NO. 1;
THENCE NORTHWESTERLY ALONG THE EAST RIGHT OF WAY LINE OF OLD
U.S. HIGHWAY NO, 1 A DISTANCE OF 716.48 FEET TO THE TRUE POINT OF
BEGINNING; FROM THE POINT OF BEGINNING CONTINUE NORTHWESTERLY
ALONG THE EAST RIGHT OF WAY LINE OF OLD U.S. HIGHWAY NO. 1 A
DISTANCE OF 266.83 FEET;
THENCE EASTERLY AND PARALLEL WITH THE NORTH BOUNDARY OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, A DISTANCE OF 125.00 FEET;
THENCE NORTHWESTERLY AND PARALLEL WITH THE EAST RIGHT OF WAY
LINE OF OLD U.S. HIGHWAY NO, 1 A DISTANCE OF 131.54 FEET;
THENCE EASTERLY AND PARALLEL WITH THE NORTH BOUNDARY OF THE
SOUTHEAST l/4 OF THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, A DISTANCE OF 218.97 FEET;
THENCE SOUTHEASTERLY ALONG THE WEST RIGHT OF WAY LINE OF NEW
U.S. HIGHWAY NO, 1 A DISTANCE OF 397.40 FEET;
THENCE WESTERLY AND PARALLEL WITH THE NORTH BOUNDARY OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, A DISTANCE OF 341.09 FEET TO THE TRUE POINT OF
BEGINNING;
PARCEL "B" --- O.R. BOOK 489, PG. 811
FROM THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST
1/4 OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN SOUTH 890 48'
30" WEST ALONG THE EAST -WEST 1/4 SECTION LINE, A DISTANCE OF. 888.48
FEET TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF OLD U.S.
HIGHWAY NO. 1;
R"At"E - g
Ordinance No. 9& 2 5
THENCE NORTHWESTERLY ALONG THE EAST RIGHT OF WAY LINE OF OLD
U.S: HIGHWAY NO. I A DISTANCE OF 672.26 FEET TO THE NORTHWEST
CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO ALBERT LEE
DAVIS, AS DESCRIBED IN O.R. BOOK 230, PAGE 126 OF THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA, AND SAID POINT BEING THE TRUE
POINT OF BEGINNING; I -
THENCE FROM THE POINT BEGINNING CONTINUE NORTHWESTERLY ALONG
THE EAST RIGHT OF WAY LINE OF OLD U.S. HIGHWAY NO, 1 A DISTANCE OF
44.20 FEET;
THENCE EASTERLY AND PARALLEL WITH THE NORTH BOUNDARY OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 15, A DISTANCE OF
341.09 FEET TO AN INTERSECTION WITH THE WEST RIGHT OF WAY OF THE
NEW U.S. HIGHWAY NO, 1;
THENCE SOUTHEASTERLY ALONG THE WEST RIGHT OF WAY LINE OF THE
NEW U.S. HIGHWAY NO. 1 A DISTANCE OF 44.08' TO THE NORTHEAST CORNER
OF THAT CERTAIN PARCEL OF LAND CONVEYED TO ALBERT LEE DAVIS, AS
DESCRIBED IN O.R. BOOK 230, PAGE 126 OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA;
THENCE WESTERLY ALONG THE NORTH BOUNDARY OF THAT CERTAIN
PARCEL OF LAND CONVEYED TO ALBERT LEE DAVIS, AS DESCRIBED IN O.R.
BOOK 230, PAGE 126 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA, A DISTANCE OF 340.79 FEET TO THE POINT OF BEGINNING;
CONTAIN`IN`G 0.333 ACRES OF LAND.
PARCEL "C" --. O.R. BOOK 230, PG, 126
THE NORTH 128.16 FEET OF THE SOUTH 647.97 FEET OF THE SOUTHEAST 1/4 OF
THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST,
LYING WEST OF THE WEST RIGHT OF WAY LINE OF PRESENTLY EXISTING U.S.
HIGHWAY NO. 1 AND EAST OF THE EAST RIGHT OF WAY LINE OF OLD U.S.
HIGHWAY NO. 1, SAID RIGHT OF WAY BEING 33 FEET EITHER SIDE OF THE
CENTERLINE OF SAID OLD U.S. HIGHWAY NO, 1, SAID LAND LYING AND BEING
IIT INDIAN RIVER COUNTY, FLORIDA, CONTAINING 1.0 ACRES.
PARCEL "D" - O.R. BOOK 6845 PG. 2771
THE NORTH 258.55 FEET OF THE SOUTH 519.81 FEET OF THE SOUTHEAST 1/4 OF
THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST,
LYING WEST OF THE WEST RIGHT OF WAY LINE OF PRESENTLY EXISTING U.S.
HIGHWAY NO. 1 AND EAST OF THE EAST RIGHT OF WAY LINE OF OLD U.S.
HIGHWAY NO. 1, SAID RIGHT OF WAY BEING 33 FEET EITHER SIDE OF THE
CENTERLINE OF SAID OLD U.S. HIGHWAY NO. 1, SAID LAND LYING AND BEING
IN INDIAN RIVER COUNTY, FLORIDA.
PARCEL "E" - O.R. BOOK 684, PG, 2772
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH 258.55 FEET OF
THE SOUTH 519.81 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING WEST OF THE WEST
RIGHT OF WAY LINE OF PRESENTLY EXISTING U.S. HIGHWAY NO. 1, AND EAST
OF THE EAST RIGHT OF WAY LINE OF OLD U.S. HIGHWAY NO. 1, SAID RIGHT
OF WAY BEING 33 FEET EITHER SIDE OF THE CENTERLINE OF SAID OLD U.S.
HIGHWAY NO. 1;
THENCE EAST A DISTANCE OF 107.47 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE EAST A DISTANCE OF 75 FEET;
THENCE NORTH A DISTANCE OF 32 FEET;
THENCE WEST A DISTANCE OF 75 FEET;
THENCE SOUTH A DISTANCE OF 32 FEET TO THE POINT OF BEGINNING;
SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
AUACHMEMT 8
Ordinance No. 98- 2 5
PARCEL "F" --- O.R. BOOK 404, PG. 597
THE SOUTH 261.26 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING EAST OF THE OLD
U.S. HIGHWAY NO. 1 AND WEST OF THE NEW U.S. HIGHWAY NO. 1;
CONTAINING TWO ACRES OF LAND EXCLUSIVE OF RIGHTS OF WAY
MENTIONED ABOVE, SITUATED AND LYING IN INDIAN RIVER COUNTY,
FLORIDA.
LESS AND EXCEPT THE SOUTH 130.63 FEET THEREOF AS DESCRIBED IN O.R.
BOOK 1133, PAGE 2354 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA.
PARCEL "G" --- O.R. BOOK 10285 PG, 2323
FROM THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST
1/4 OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN SOUTH 89`48'
30" WEST ALONG THE EAST -WEST 1/4 SECTION LINE, A DISTANCE OF 888.48
FEET TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF OLD U.S.
HIGHWAY NO. 1;
FROM THE SAID POINT OF BEGINNTsTG. CONTINUE NORTHWESTERLY ALONG
THE EAST RIGHT OF WAY OF OLD U.S. HIGHWAY NO. 1 A DISTANCE OF 131.54';
THENCE NORTHWESTERLY ALONG THE EAST RIGHT OF WAY LINE OLD U.S.
HIGHWAY NO. 1 A DISTANCE OF 983.29 FEET TO THE POINT OF BEGINNING, -
THENCE EASTERLY AND PARALLEL WITH THE NORTH BOUNDARY OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 15, A DISTANCE
125.00';
THENCE SOUTHEASTERLY AND PARALLEL WITH THE EAST RIGHT OF WAY
LINE OF OLD U.S. HIGHWAY NO. 1 A DISTANCE OF 131.54';
THENCE `VESTERLY AND PARALLEL WITH THE NORTH BOUNDARY OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 15, A DISTANCE OF
125.00' TO POINT OF BEGINNING;
CONTAINING 0.363 ACRES OF LAND.
Are changed from L-2, Low -Density Residential -2 (up to 6 units/acre) to C/I, CommerciaM dustnal
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. Seve, rability
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
Ordinance No. 98- 2 5
final order is issued by the Department of Community Affairs or Administration Commission
fmding 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.
This ordinance was advertised in the Press -Journal on the 14d' day of September, 1998 for
a public hearing to be held on the 22"d day of September, 1998 at which time it was moved for
adoption by Commissioner E g g e r t , seconded by Commissioner A d a m s
and adopted by the following vote:
Chairman John W. Tippin a y e
Vice -Chairman Kenneth R. Macht a y e
Commissioner Fran B. Adams a y e
Commissioner Carolyn K. Eggert a y e
Commissioner Caroline D. Ginn ay e
F:.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY '
BY:
John W.',: hairman
ytiY -2 _t L
ATTEST:B;':
J±effrey K B on, perk
Acknowledgment by the Department of State of the State of F•loi->'da this;z�g(W of sent emk8.
r
Acknowledgment from the Department of State received o0his IS bay of October , 1998, at
8.3 OA.M./R) 4. and filed in the office of the Clerk of the Board of County Commissioners of
Indian River County, Florida.
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