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HomeMy WebLinkAbout1994-19r _P- rP ORDINANCE NO. 94-19 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY ENLARGING THE S.R. 60 AND 58TH AVENUE COMMERCIAL/ INDUSTRIAL NODE FROM 166 ACRES TO 296 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 Local Planning Agency held a public hearing on this comprehensive plan amendment request on February 10, 1994, after due public notice, and WHEREAS, the Local Planning Agency reviewed this comprehensive plan amendment request 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 March 1, 1994 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 March 18, 1994, 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 May 23, 1994, 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 ORDINANCE NO. 94- 19 WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on July 19, 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: Beginning at a point being 50.0 feet east and 30.0 feet south of the northwest corner of the northwest one-quarter of section 5, township 33 south, range 39 east, run parallel to the north line of said section 5, S 890 52' 28" E a distance of 614.00 feet to the principal point and place of beginning of the following description. Thence S 890 52' 28" E, 72.00 feet to a point; thence S 000 07' 32" W, 425.00 feet to a point; thence S 440 52' 28" E, 35.36 feet to a point: thence S 890 52' 28" E, 310.00 feet to a point; thence S 68o 00' 00" E, a distance of 165.00 feet to a point; thence S 78o 00' 00" E, a distance of 100.00 feet to a point, thence S 890 52' 28" E, a distance of 325.00 feet to a point; thence S 620 00' 00" E, a distance of 715.00 feet to a point; thence S 40o 30' 00" E, a distance of 566.67 feet to a point, thence S 490 43' 56" E, a distance of 416.46 feet to a point, thence S 66o 53' 54" E, a distance of 45.00 feet to a points thence S 890 53' 54" E, a distance of 290.00 feet to a point; thence N 510 10' 06" E, a distance of 127.09 feet to a point, thence S 890 52' 48" E, a distance of 590.00 feet to a point; thence S 00o 07' 12" W, a distance of 943.69 feet to a point on north right-of-way line of State Road 60 Highway, thence run N 890 53' 54" W along said north right-of-way line a distance of 1326.17 feet; thence run S 890 52' 37" W a distance of 709.12 feet to a point of intersection with the southerly extension of the west boundary line of Wallace Acres Subdivision, as recorded in Plat Book 7, page 12 Public Records of Indian River County, Florida, and said north right- of-way; thence run N 000 02' 44" E along said west boundary line a distance of 494.52 feet to the northeast corner of said subdivision; thence run N 890 50' 24" W along the north boundary line a distance 619.04 feet to a point; thence run S 000 02' 43" W a distance of 497.58 feet to the said north right-of-way line of State Road 60 Highway, thence run S 890 52' 25" W a distance of 1277.97 feet to.a point on the west line of Tract 5 of said section 5, thence run N 000 01' 21" E, and parallel to the west line of said section 5 a distance of 1630.00 feet to a point; thence N450 00' 00" E, 465.00 feet to a points thence N 67o 00' 00" E, 123.49 feet a point; thence ORDINANCE NO. 94-19 S 890 52' 28" E, 145.85 feet to a points thence N 450 07' 32" E, 35.36 feet to a point; thence N 000 07' 32" E, 425.00 feet to the point of beginning and containing 130.336 acres of land more or less. Is changed from M-1, Medium Density Residential (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 ±130 acres to the S.R. 60 and 58th Avenue Commercial/Industrial Node. SECTION 3. 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 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- 19 This ordinance was advertised in the Vero Beach Press -Journal on the 12th day of July, 1994 for a public hearing to be held on the 19th day of July, 1994 at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Bird , and adopted by the following vote: Chairman John W. Tippin Ave Vice Chairman Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye BY: Jeff Acknowledgment by the Department of to this 1st day of August 1 1994. lerk � Z r t :r oi� Florida Acknowledgment from the Department of State received on this 3rd day of August , 1994, at l0:pp A.M./PxMxxand 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 eel W' i m G. Collins II, Deputy County Attorney 000 obert M. Ke t ngunt AICP Community Develop D r ctor u\v\j\irmcpa.ord Indian River Ca Aiporoved Dai Admin. �� 3 L e g a______ Budgej �� Dep i. Risk Mgr.