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Home My WebLink About1993-21:rte ORDINANCE N0. 93-21 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY ENLARGING THE U.S. #1/77TH STREET TO 69TH STREET COMMERCIAL/ INDUSTRIAL NODE FROM ±181 ACRES TO ±196 ACRES, 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 county received comprehensive plan amendment applications during its July 1992 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on October 22, 1992 after due public notice, and WHEREAS, the Local Planning Agency reviewed this comprehensive plan amendment and made a recommendation to the Board of County Commissioners, and WHEREAS, The Board of County Commissioners of Indian River County held a Transmittal Public Hearing on November 17, 1992, 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 November 301 1992, 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 March 15, 1993, and WHEREAS, Indian River County revised the data and analysis supporting this comprehensive plan amendment in response to the ORC Report and pursuant to F.S.163.3184(7), and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on May 25, 1993, after advertising pursuant to F.S.163.3184(15)(b)(2) and (c); s ORDINANCE N0. 93-21 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. SECTION 2. Amendments to the Comprehensive Plan The land use designation of the following described property situated in Indian River County, Florida to wit: All of the Northeast quarter of the Southwest quarter of Section 3, Township 32 South, Range 39 East, lying East of the East right-of-way line of State Road 5 (U.S. Highway #1) as it now exists. LESS the following described property: Parcel 1 - The North 30 feet of the Southwest of ,Section 3, Township 32 South, Range 39 East, lying Easterly of the East right-of-way line of U.S. Highway #1. Parcel 2 - From the center of Section 3, Township 32 South, Range 39 East, run South along the East line of the Southwest j of the said Section 3, a distance of 30 feet to the point of beginning, then continue South a distance of 30 feet to the point of beginning; then continue South a distance of 32.35 feet; then run Northwesterly to a point which measures 30 feet South of the North line of the said Southwest j and 30 feet Southerly thereof, a distance of 115 feet, more or less, to the point of beginning. Parcel 3 - From the center of Section 3, Township 32 South, Range 39 East, run South 00006149" West, along the East line of the Southwest j of said Section 3, a distance of 30 feet; then run North 89040117" West, on a line parallel to and 30 feet South of the North line of said Southwest, a distance of 565 feet to the point of beginning; then run South 67025'54" West, on a line parallel to and 60 feet South of the North line of said Southwest J, a distance of 66.84 feet, more or less, to the East right-of-way of U.S. Highway #1 (State Road 5 - Section # 88010); then run Northeasterly on a return radius curve, (said curve being concave to the Southeast, having a radius of 25 feet and a central angle of 78027'47"), an arc length of 34.24 feet to the end of said curve; then run North 00019143" East, along said East right-of-way of U.S. Highway #1, a distance of 10 feet to a point which lies 30 feet South of the North line of said Southwest of Section 3; then run South 89040117" East, on a line parallel to and 30 feet South of the North line of said Southwest, a distance of 113.37 feet, more or less to the point of beginning. Note: All property described herein is located in Indian River County, Florida. Is changed from L-1, Low -Density Residential 1 (up to 3 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 ±15 acres to the U.S. Highway #1/77th Street to 69th Street Commercial/Industrial Node. W ORDINANCE N0. 93-21 SECTION 3. Codification The provisions of this ordinance may be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of the ordinance may be renumbered or relettered to accomplish such intentions. 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 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 6. Effective Date This ordinance shall become effective upon the issuance by the State Department of Community Affairs of a Notice of Intent to find the adopted amendment in compliance in accordance with s. 163.3184(9) or the issuance of a final order by the Administration Commission finding the adopted amendment in compliance with s. 163.3184(10). This ordinance was advertised in the Vero Beach on the l6 day of May 1993.for a public hearing the 25th day of May 1993 at which time it adoption by Commissioner Adams , seconded by Bird , and adopted by the following vote: Chairman Richard N. Bird Vice Chairman John W. Tippin Aye Commissioner Fran B. Adams AvP Commissioner Carolyn K. Eggert Ave Commissioner Kenneth R. Macht A},cpnt Press -Journal to be held on was moved for Commissioner BOARD OF COUNTY COMMISSIONEI OF INDIAN�IVE" COUNTY :'. ` BY: Richard N. Bird, Cha rman � tz ATTEST BY: JAi frdy K'Ba*rton Clerk r.. . 3r ��... Acknowledgment by the Department of State of the State of :Florida this 3rd day of June 1993. 5t -j- Acknowledgment from the Department of day of June , 1993, at 1009)00 the office of the Clerk of the Board Indian River County, Florida. State received on this 7th A.M. /Px1d. and filed in of County Commissioners of rWilliam G. Collins II, Deputy County Attorney r Robert . KjatirAW, AICP Community Develbfment Director Indizn Hi; %1 f Ped Date Admin. I{— f �y Bud t Legal Dei 1. A- Risk M gr. u\v\j\k&wcpa.ord 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 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 6. Effective Date This ordinance shall become effective upon the issuance by the State Department of Community Affairs of a Notice of Intent to find the adopted amendment in compliance in accordance with s. 163.3184(9) or the issuance of a final order by the Administration Commission finding the adopted amendment in compliance with s. 163.3184(10). This ordinance was advertised in the Vero Beach on the l6 day of May 1993.for a public hearing the 25th day of May 1993 at which time it adoption by Commissioner Adams , seconded by Bird , and adopted by the following vote: Chairman Richard N. Bird Vice Chairman John W. Tippin Aye Commissioner Fran B. Adams AvP Commissioner Carolyn K. Eggert Ave Commissioner Kenneth R. Macht A},cpnt Press -Journal to be held on was moved for Commissioner BOARD OF COUNTY COMMISSIONEI OF INDIAN�IVE" COUNTY :'. ` BY: Richard N. Bird, Cha rman � tz ATTEST BY: JAi frdy K'Ba*rton Clerk r.. . 3r ��... Acknowledgment by the Department of State of the State of :Florida this 3rd day of June 1993. 5t -j- Acknowledgment from the Department of day of June , 1993, at 1009)00 the office of the Clerk of the Board Indian River County, Florida. State received on this 7th A.M. /Px1d. and filed in of County Commissioners of rWilliam G. Collins II, Deputy County Attorney r Robert . KjatirAW, AICP Community Develbfment Director Indizn Hi; %1 f Ped Date Admin. I{— f �y Bud t Legal Dei 1. A- Risk M gr. u\v\j\k&wcpa.ord