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HomeMy WebLinkAbout1994-09ORDINANCE N0. 94-09 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR ±6.44 ACRES ON THE SOUTH SIDE OF 8TH STREET, BETWEEN 90TH AVENUE AND INTERSTATE 95, FROM L-1 TO AG - 11 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 July 1993 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on October 14, 1993 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 December 7, 1993, 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 December 20, 1993, 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 February 28, 1994, and WHEREAS, the ORC Report contained no objections to this comprehensive plan amendment, and f ORDINANCE NO. 94-09 WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on April 12, 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: The South 762.73 feet of Tract 1, Section 15, Township 33 South, Range 38 East, lying East of the East right-of-way of Interstate 95 and the North 330.55 feet of Tract 8, Section 15, Township 33 South, Range 38 East, lying East of the East right-of-way of Interstate 95, LESS rights-of-way and easements of record. Said parcel containing 6.44 gross acres. Is changed from L-1, Low -Density Residential -1 (up to 3 units/acre) to AG -1, Agricultural -1 (up to 1 unit/5 acres) and the Future Land Use Map is hereby revised accordingly. 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 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 N0. 94-09 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 sixth day of April, 1994 for a public hearing to be held on the 12th day of April, 1994 at which time it was moved for adoption by Commissioner Macht seconded by Commissioner Adams and adopted by the following vote: Chairman John W. Tippin Vice Chairman Kenneth R. Macht Commissioner Fran B. Adams Commissioner Richard N. Bird Commissioner Carolyn K. Eggert Ave Ave Av e Aye ,yz; r "` - COMMISSI,ONE'RS Acknowledgment by the Department of State of the'•State of Florida this 15th day of April 1994. Acknowledgment from the Department of day of April , 1994, at 10:00 a.m. the of f ice of the Clerk of the Board Indian River County, Florida. State received on this 21st &MxARMo and filed in of County Commissioners of 6c' Wil G. Collins II,,Deputy County Attorney Robert M.eating, ICP Community Developm nt Di ctor indlar, rr.va �a� ',� Admin. L e a a I Caudg-'I� 0 Dap1. Risk Mcjr. u\v\j\biicpa.ord indlar, rr.va �a� ',� Admin. 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