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HomeMy WebLinkAbout1993-23ORDINANCE NO. 93- 23 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY ENLARGING THE U.S. #1/57TH STREET TO 49TH STREET COMMERCIAL/ INDUSTRIAL NODE FROM ±259 ACRES TO ±259.31 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 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 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, and WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on November 30, 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, 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 May 25, 1993, after advertising pursuant to F.S.163.3184(15)(b)(2) and (c); ORDINANCE NO. 93-23 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: Beginning 390 feet East and 25 feet South of the Northwest corner of the NW j of the NW 1 of Section 23, Township 32 South, Range 39 East, then run South 100 feet; then East 150 feet; then North 100 feet; then West 150 feet to the point of beginning. Less highway right-of-way as in Record Book 99, Page 656, and Record Book 100, page 769, Indian River County, Florida. Is changed from M-1, Medium -Density Residential 1 (up to 8 units/acre) to C/I, Commercial/Industrial Node: o The Future Land Use Map is hereby revised accordingly; and o Table 2.30 of the Future Land Use Element is revised to add ±0.31 acres to the U.S. Highway #1/57th Street to 49th Street Commercial/Industrial Node. 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. 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 adoption pursuant to F.S. 163.3194(1)(a). ORDINANCE NO. 93- 23 This ordinance was advertised in the Vero Beach Press -Journal on the 16 thday of May 1993 for a public hearing to be held on the 25th day of May , 1993 at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Adams and adopted by the following vote: Chairman Richard N. Bird Vice Chairman John W. Tippin Commissioner Fran Be Adams Commissioner Carolyn K. Eggert Commissioner Kenneth R. Macht Ave Ave Ave Ave .AS's en t BOARD OF COUNTY COMMISSIONERS 1, OF INDIAN RIVER COUNTY x„ v _ mrNOlt W " 00, BY kv~'fi Richard N. Bird ,�k' Chairman P' FF ATTEST BY: aleffr K"mIF Bt on, Clerk By: Via, /Nat (� Acknowledgment by the Department of State.of thee:-`State"of Florida this 3rd day of June , 1993. > Acknowledgment from the Department of State received on this 7th day of June 1993, at 10:00A. M. AXMX3�RxX. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY G��`'T William G. Collins II, Deputy County Attorney P � qp, Fliv r fi - B8-- ---- Robert M. Keati pale Community Developme t Director go9f. ." -- ---- ��� - ------ -- 17 _. IF C -7 u\v\j\comind.ord