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HomeMy WebLinkAbout1995-29ORDINANCE NO. 95- 29 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR ±15 ACRES LOCATED AT THE SOUTHWEST CORNER OF 87TH STREET AND 55TH AVENUE, FROM C/I TO M-1; AND BY CHANGING THE LAND USE DESIGNATION FOR ±8.8 ACRES LOCATED ON THE NORTH SIDE OF 82ND STREET, EAST OF U.S. #11 FROM M-1 TO C/I; AND BY CHANGING THE LAND USE DESIGNATION FOR ±0.7 ACRES LOCATED ON THE SOUTH SIDE OF 82ND STREET, EAST OF U.S. #11 FROM M-1 TO C/I; AND BY CHANGING THE LAND USE DESIGNATION FOR ±5.5 ACRES LOCATED NEAR THE NORTHEAST CORNER OF 85TH STREET AND 46TH AVENUE, FROM M-1 TO C/I; AND REDUCING THE U.S. #1/C.R. 510 (NORTH) COMMERCIAL/ INDUSTRIAL NODE FROM ±293 ACRES TO ±283.5 ACRES; AND ENLARGING THE U.S. #1 COMMERCIAL/ INDUSTRIAL NODE, C.R. 510 TO HOBART ROAD (77TH STREET) FROM ±165 ACRES TO ±174.5 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 January 1995 amendment submittal window, WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on April 27, 1995 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 June 13, 1995, 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 June 28, 1995, for the State review pursuant to F.S.163.3184(4), and I ORDINANCE NO. 95- 29 WHEREAS, Indian River County received the Objections, Recommendations, and Comments (ORC) Report from the Florida Department of Community Affairs on September 5, 1995, 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 October 24, 1995, 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 situate in Section 33, Township 31 South, Range 39 East, Indian River County, Florida, being the northeast quarter of the southeast quarter of the northeast quarter. Less the South 35.00 feet thereof for road right-of- way; and also less the South 208.71 feet of the East 208.71 feet. 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 The land use designation of the following described property situated in Indian River County, Florida to wit: From the East 1/4 corner of Section 33, Township 31 South, Range 39 East. Run N. 00°1810011W. a distance of 637.22 feet, thence run N. 8903410011W a distance of 537.10 feet to the point of beginning. This continues along this same line a distance of 150.00 feet; thence run S. 00o18100" East a distance of 300.00 feet; thence run S. 89o1410011 E. a distance of 150 feet, thence run 300 feet to the point of beginning. 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 ORDINANCE N0. 95-29 The land use designation of the following described property situated in Indian River County, Florida to wit: Commencing at the Southwest corner of Government Lot 6, Section 26, Township 31 South, Range 39 East, run North 00054'58" West along the East right-of-way of Sunrise Street a distance of 46.76 feet to the Point of Beginning. From said Point of Beginning run North 00°54158" West a distance of 45.73 feet, thence North 44035132" East a distance of 871.92 feet; thence run South 05056154" East a distance of 664.78 feet; thence South 89032135" West and parallel to the South line of Government Lot 6 a distance of 680.32 feet to the Point of Beginning.. Said land lying and being in Indian River County, Florida. Said parcel contains 5.489 acres. 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 The land use designation of the following described property situated in Indian River County, Florida to wit: The Northwest quarter of the Southwest quarter of the Southwest quarter (less the South 165 feet of the East 132.5 feet thereof), and the North half of the Northeast quarter of the Southwest quarter of the Southwest quarter, in Section 28, Township 31 South, Range 39 East, Indian River County, Florida. Is changed from C/I, Commercial/ Industrial Node to M-1, Medium - Density Residential -1 (up to 8 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 ±9.5 acres from the U.S. #1/C.R. 510 (North) Commercial/ Industrial Node, and add 9.5 acres to the U.S. #1 Commercial/ Industrial Node, C.R. 510 to Hobart Road (77th Street). 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. ORDINANCE NO. 95-29 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. This ordinance was advertised in the Vero Beach Press -Journal on the 16th day of October, 1995 for a public hearing to be held on the 24th day of October, 1995 at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Tippin and adopted by the following vote: BOARD OF',,COUNTY COMMISSIONERS OF IND RIVER C N BY* _ ; Kenneth R. MachtCh i man All A ATTEST Bye Acknowledgment by the Department this 1st day of November, Of State- of ,"the .St' to cif; Florida 1995. s-io 0 Iyi aF0 c 1A A Acknowledgment from the Department of Stat e,,rcelfves�©�i this day of 11/06 , 1995, at 11:30 .0.11 I . AaM /e� sand filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. §a' _`, rAll », APPROVED AS TO FORM AND LEGAL SUFFICIENCY Wi'am G. Collins II, Deputy County Attorney ober M. Keati g, AICP Community Develop nt Djzector Indian River Cn Approved_. u\v\ j \wigcpa . ord Admin. Date e l u/£- c Legal J Budget - De{� i. AM q1 Risk Mgr. Chairman Kenneth R. Macht Aye Vice Chairman Fran Be Adams Aye Commissioner Richard N. Bird Absent Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin Aye BOARD OF',,COUNTY COMMISSIONERS OF IND RIVER C N BY* _ ; Kenneth R. MachtCh i man All A ATTEST Bye Acknowledgment by the Department this 1st day of November, Of State- of ,"the .St' to cif; Florida 1995. s-io 0 Iyi aF0 c 1A A Acknowledgment from the Department of Stat e,,rcelfves�©�i this day of 11/06 , 1995, at 11:30 .0.11 I . AaM /e� sand filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. §a' _`, rAll », APPROVED AS TO FORM AND LEGAL SUFFICIENCY Wi'am G. Collins II, Deputy County Attorney ober M. Keati g, AICP Community Develop nt Djzector Indian River Cn Approved_. u\v\ j \wigcpa . ord Admin. Date e l u/£- c Legal J Budget - De{� i. AM q1 Risk Mgr.