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Home My WebLink About1994-10ORDINANCE NO. 94-10 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR ±8.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF C.R. 510 AND 46TH AVENUE, FROM M-1 TO C/I, AND ENLARGING THE U.S. #1/C.R. 510 (NORTH) COMMERCIAL/INDUSTRIAL NODE FROM ±285 ACRES TO ±293.36 ACRES; AND BY CHANGING THE LAND USE DESIGNATION FOR ±8.36 ACRES LOCATED AT THE SOUTHWEST CORNER OF 79TH STREET AND THE F . E . C . RAILROAD TRACKS, FROM C/ I TO L-2, AND REDUCING THE U.S. #1 COMMERCIAL/INDUSTRIAL NODE, C.R. 510 TO HOBART ROAD (77TH STREET) FROM ±173 ACRES TO ±164.64 ACRES, 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 July 1993 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on October 14, 1993 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 December 7, 1993, 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 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 this plan amendment, WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on December 20, 1993, 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 February 28, 1994, and N ORDINANCE N0. 94-10 WHEREAS, the ORC Report contained no objections to this comprehensive plan amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on April 12, 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 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. SECTION 2. Amendments to the Comprehensive Plan The land use designation of the following described property situated in Indian River County, Florida to wit: A PARCEL OF LAND LYING IN PARTS OF LOTS 11 2 AND 15, NARANJA TRACT SHELLMOUND BEACH SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 6, INDIAN RIVER COUNTY PUBLIC RECORDS LYING SOUTH OF COUNTY ROAD 510, AND THAT PART OF EUREKA ECOUNTYS SUBDIVISION AS RECORDED IN PLAT BOOK 11 PAGE 40, INDIAN RIVER COUNTY PUBLIC RECORDS, INCLUDING ALL PARCELS, LOTS, BLOCKS AND ROADWAYS LYING WITHIN GOVERNMENT LOT 61 SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 61 SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, THENCE RUN NORTH 00054158" WEST A DISTANCE OF 92.49 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00054158" WEST A DISTANCE OF 600.00 FEET TO THE SOUTH RIGHT OF WAY OF COUNTY ROAD 510; THENCE RUN NORTH 44035132" WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 314.00 FEET TO A POINT OF A CURVE CONCAVE TO THE SOUTHEAST; THENCE CONTINUE ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 10026'31", A RADIUS OF 2824.79 FEET, HAVING A CHORD BEARING OF NORTH 49048147" EAST, AN ARC DISTANCE OF 514.80 FEET TO A POINT ON SAID CURVE; THENCE RUN SOUTH 00054'58" EAST A DISTANCE OF 534.42 FEET, THENCE RUN SOUTH 44035'32" WEST A DISTANCE OF 871.92 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 8.36 ACRES MORE OR LESS Is changed from M-1, Medium -Density Residential -1 (up to 8 units/acre) to C/I, Commercial/Industrial Node: 0 The Future Land Use Map is hereby revised accordingly; and 0 Table 2.30 of the Future Land Use Element is revised to add ±8.36 acres to the U.S. #1 and C.R. 510 (north) Commercial/Industrial Node; and ORDINANCE N0. 94-10 The land use designation of the following described property situated in Indian River County, Florida to wit: COMMENCE AT CONCRETE MONUMENT AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF HOBART ROAD AND THE WEST RIGHT OF WAY LINE OF F.E.C. RAILROAD; THENCE NORTH 25056151" WEST ALONG SAID WEST RIGHT OF WAY LINE OF F.C.E. RAILROAD, 222.41 FEET; THENCE DUE WEST ALONG THE NORTH LINE OF HOBART ESTATES SUBDIVISION AS RECORDED IN PLAT BOOK 81 PAGE 20 OF THE RECORDS OF INDIAN RIVER COUNTY, FLORIDA, 560.20 FEET TO THE POINT OF BEGINNING; THENCE DUE NORTH, FOR 157.07 FEET TO A POINT; THENCE NORTH 25056'50" WEST FOR 368.14 FEET TO A POINT; THENCE NORTH 64003'09" EAST FOR 435.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF THE AFOREMENTIONED F.E.C. RAILROAD; THENCE NORTH 25056'51" WEST FOR 458.27 FEET TO A POINT; THENCE SOUTH 89055'08" WEST FOR 328.95 FEET TO A POINT; THENCE SOUTH 00026'01" WEST FOR 1090.07 FEET TO A POINT ON THE NORTH LINE OF THE AFOREMENTIONED HOBART ESTATES SUBDIVISION; THENCE DUE EAST FOR 307.64 FEET TO THE POINT OF BEGINNING. CONTAINING ±8.36 ACRES MORE OR LESS. Is changed from C/I, Commercial/ Industrial Node to L-2, Low -Density Residential -2 (up to 6 units/acre). 0 The Future Land Use Map is hereby revised accordingly; and 0 Table 2.30 of the Future Land Use Element is revised to remove ±8.36 acres from the U.S. #1 Commercial/ Industrial Node, C.R. 510 to Hobart Road (77th Street). 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 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. SECTION 3. Repeal of Conflictinq 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 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 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. ORDINANCE NO. 94-10 This ordinance was advertised in the Vero Beach Press -Journal on the sixth day of April, 1994 for a public hearing to be held on the 12th day of April, 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 BY: Ave Ave Ave A v e AY01 ATTEST BY : ti _ NOMMMW ' Je f f"e K� `Ba tp o .. `Clerk t l 13.i cc. , w Acknowledgment by the Department of State of:-the,State of Florida this 15th day of April , 1994.. £ YET 4 ' 44r, , Acknowledgment from the Department of State`'received on this 21st daytof April , 1994, at 10:00 a.m. VXM Ma and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. Community Devel u\v\j\k&rcpa.ord Attorney Indian River Ca Approved Da Admin. 7 Legal Budges Dej)t Risk Mgr.