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HomeMy WebLinkAbout1993-19ORDINANCE N0. 93-19 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY ENLARGING THE U.S. #1/VERO BEACH CITY LIMITS TO 8TH STREET COMMERCIAL/ INDUSTRIAL NODE FROM ±215 ACRES TO ±216.86 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 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, 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); ORDINANCE NO. 93- 19 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: PARCEL #1: FROM THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 33 SOUTH, RANGE 39 EAST, RUN IN EASTERLY DIRECTION ALONG SOUTH BOUNDARY OF SAID SECTION 12 A DISTANCE OF 1630.71 FEET; THEN RUN IN A NORTHERLY DIRECTION ALONG A LINE WHICH IS PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 12 A DISTANCE OF 440 FEET TO THE POINT OF BEGINNING: THEN CONTINUE ALONG SAME LINE A DISTANCE OF 100 FEET, THEN RUN IN AN EASTERLY DIRECTION ALONG A LINE WHICH IS PARALLEL TO THE SOUTH BOUNDARY OF SAID SECTION 12 A DISTANCE OF 117.14 FEET TO THE CENTERLINE OF THE OLD DIXIE HIGHWAY; THEN RUN IN A SOUTHEASTERLY DIRECTION ALONG THE CENTERLINE OF THE OLD DIXIE HIGHWAY A DISTANCE OF 105.75 FEET; THEN RUN IN A WESTERLY DIRECTION A DISTANCE OF 151.25 FEET TO THE POINT OF BEGINNING. LESS,AND EXCEPT THE LAND DESCRIBED IN OFFICIAL RECORD BOOK 420, PAGE 109 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID LANDS LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PARCEL #2: FROM THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 33 SOUTH, RANGE 39 EAST, RUN IN AN EASTERLY DIRECTION ALONG THE SOUTH LINE OF SAID SECTION 12, A DISTANCE OF 1630.71 FEET; THEN, RUN IN A NORTHERLY DIRECTION ALONG A LINE WHICH IS PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 12, A DISTANCE OF 340.00 FEET TO THE POINT OF BEGINNING; THEN CONTINUE ALONG THIS SAME LINE A DISTANCE OF 100.00 FEET, THEN, RUN IN AN EASTERLY DIRECTION ALONG A LINE WHICH IS PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID SECTION 12, A DISTANCE OF 151.25 FEET TO THE CENTERLINE OF THE OLD DIXIE HIGHWAY; THEN, RUN IN A SOUTHEASTERLY DIRECTION ALONG THE CENTERLINE OF THE OLD DIXIE HIGHWAY A DISTANCE OF 93.26 FEET: THEN RUN IN A WESTERLY DIRECTION A DISTANCE OF 181.61 FEET TO THE POINT OF BEGINNING, LESS RIGHT OF WAY FOR OLD DIXIE HIGHWAY. PARCEL #3: FROM THE SOUTHWEST CORNER OF SECTION 121 TOWNSHIP 33 SOUTH, RANGE 39 EAST, RUN IN AN EASTERLY DIRECTION ALONG THR SOUTH BOUNDARY OF SAID SECTION 12, A DISTANCE OF 1740.71 FEET THEN RUN IN A NORTHERLY DIRECTION ALONG A LINE WHICH IS PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 12, A DISTANCE OF 115.00 FEET TO THE POINT OF BEGINNING; THEN CONTINUE ALONG THE SAME LINE A DISTANCE OF 75.00 FEET; THEN RUN AN EASTERLY DIRECTION ALONG A LINE WHICH IS PARALLEL TO THE SOUTH BOUNDARY OF SAID SECTION 12, A DISTANCE OF 90.50 FEET TO THE WEST RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY; THEN RUN IN A SOUTHEASTERLY DIRECTION ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 30.32 FEET; THEN RUN IN A SOUTHERLY DIRECTION ALONG LINE WHICH IS PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 12, A DISTANCE OF 46.35 FEET; THEN RUN IN A WESTERLY DIRECTION 100.00 FEET TO THE POINT OF BEGINNING; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE EAST 3.95 FEET ORDINANCE NO. 93- 19 MEASURED ALONG THE SOUTH BOUNDARY LINE; ALSO LESS AND EXCEPT THAT LAND RECORDED IN OFFICIAL RECORD BOOK 411, PAGE 445, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. BEGIN AT THE SOUTHWEST CORNER OF SECTION 12, THEN RUN EAST ALONG SECTION LINE 1730.71 FEET; THEN RUN NORTH 40 FEET TO THE POINT OF BEGINNING, THEN RUN NORTHERLY 150 FEET; THEN RUN EAST 10 FEET MORE OR LESS TO A POINT 90.50 FEET WEST OF RIGHT-OF- WAY LINE OF DIXIE HIGHWAY, RUN SOUTH PARALLEL TO WEST LINE OF SECTION 12, 75 FEET, RUN 100 FEET MORE OR LESS TO WEST RIGHT- OF-WAY LINE OF DIXIE HIGHWAY RUN SOUTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF DIXIE HIGHWAY TO NORTH RIGHT-OF-WAY LINE OF GLENDALE ROAD RIGHT-OF-WAY, THEN RUN WESTERLY ALONG NORTH RIGHT-OF-WAY LINE OF GLENDALE ROAD RIGHT-OF-WAY TO POINT OF BEGINNING. FROM THE SOUTHWEST CORNER OF SECTION 121 TOWNSHIP 33 SOUTH, RANGE 39 EAST, RUN IN AN EASTERLY DIRECTION ALONG THE SOUTH BOUNDARY OF SAID SECTION 12, A DISTANCE OF 1630.71 FEET; THEN RUN IN A NORTHERLY DIRECTION ALONG A LINE WHICH IS PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 12, A DISTANCE OF 190.00 FEET TO THE POINT OF BEGINNING; THEN RUN IN AN EASTERLY DIRECTION ALONG A LINE WHICH IS PARALLEL TO THE SOUTH BOUNDARY OF SAID SECTION 12 A DISTANCE OF 200.50 FEET TO THE WEST RIGHT-OF-WAY LINE OF THE OLD DIXIE HIGHWAY; THEN RUN IN A NORTHWESTERLY DIRECTION ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 169.40 FEET; THEN RUN IN A WESTERLY DIRECTION A DISTANCE OF 145.40 FEET TO A POINT WHICH IS 150.00 FEET NORTHERLY FROM THE POINT OF BEGINNING; THEN RUN TO THE POINT OF BEGINNING A DISTANCE OF 150.00 FEET; WHICH PROPERTY IS SITUATED LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. FROM THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 33 SOUTH, RANGE 39 EAST, RUN EASTERLY ALONG THE SOUTH LINE OF SECTION 12 A DISTANCE OF 1520.71 FEET; THEN RUN NORTHERLY AND PARALLEL TO THE WEST LINE OF SAID SECTION 12, A DISTANCE OF 540 FEET TO THE POINT OF BEGINNING; THEN CONTINUE NORTHERLY ALONG THE SAME LINE 120 FEET; THEN RUN EASTERLY AND PARALLEL TO THE SOUTH BOUNDARY OF SECTION 12 A DISTANCE OF 188.71 FEET TO THE CENTERLINE OF OLD DIXIE HIGHWAY, THEN RUN SOUTHEASTERLY ALONG SAID CENTERLINE OF OLD DIXIE HIGHWAY A DISTANCE OF 128.21 FEET, THEN RUN WESTERLY AND PARALLEL TO THE SOUTH BOUNDARY OF SECTION 12, A DISTANCE 225.84 FEET TO THE POINT OF BEGINNING; LESS AND EXCEPTING THE RIGHT-OF-WAY FOR OLD DIXIE HIGHWAY, AND LESS THE NORTH 35 FEET AS RECORDED IN OFFICIAL RECORD BOOK 78, PAGE 509, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Is changed from L-2, Low -Density Residential 2 (up to 6 units/acre) to CJI, 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 ±1.86 acres to the U.S. Highway #1/Vero Beach City Limits to 8th 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. a ORDINANCE NO. 93- i9 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 IS 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 becoming law. Th-i_s ordinance was advertised in the Vero Beach Press -Journal i on the _16_ day of May 1993 for a public hearng 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 Ave Vice Chairman John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Carolyn K. Eggert Aye F Commissioner Kenneth R. Macht AhsPnr BOARD OF COUNTY COMMISSIONERS. OF INDIAN RIVER COUNTY.-_ y '�' �'k Jill BY: �. >ar I;Cichard N. Bird; :Chairman vFY:/ iY 6✓ Lt } 4 is ATTEST BY of Frey Ba tori' C ll k Acknowledgment by the Department of State °of. the -State of Florida 1. this 3rd day of June 1993. Acknowledgment from the Department of State received on this 7th day of June , 1993, at 10:00 A.M./Xv){j4. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. William G. Collins II, Deputy County Robert M. Keati gEP, Community DevelopmeArf Director u\v\j\tsocpa.ord Indian Rilicr Ca Aq{1r0:' ed 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 IS 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 becoming law. Th-i_s ordinance was advertised in the Vero Beach Press -Journal i on the _16_ day of May 1993 for a public hearng 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 Ave Vice Chairman John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Carolyn K. Eggert Aye F Commissioner Kenneth R. Macht AhsPnr BOARD OF COUNTY COMMISSIONERS. OF INDIAN RIVER COUNTY.-_ y '�' �'k Jill BY: �. >ar I;Cichard N. Bird; :Chairman vFY:/ iY 6✓ Lt } 4 is ATTEST BY of Frey Ba tori' C ll k Acknowledgment by the Department of State °of. the -State of Florida 1. this 3rd day of June 1993. Acknowledgment from the Department of State received on this 7th day of June , 1993, at 10:00 A.M./Xv){j4. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. William G. Collins II, Deputy County Robert M. Keati gEP, Community DevelopmeArf Director u\v\j\tsocpa.ord Indian Rilicr Ca Aq{1r0:' ed Admin. — LegalIll_ 6udgei Dept Ate �. Risk Mgr.