HomeMy WebLinkAbout1995-28ORDINANCE NO. 95-28
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE
LAND USE DESIGNATION FOR ±36.5 ACRES LOCATED AT THE NORTHWEST
CORNER OF S.R. 60 AND 98TH AVENUE, FROM M-1 TO C/I, AND
ENLARGING THE S.R. 60 & I-95 COMMERCIAL/INDUSTRIAL NODE FROM
±723.8 ACRES TO ±760.3 ACRES; AND BY CHANGING THE LAND USE
DESIGNATION FOR ±36.5 ACRES LOCATED BETWEEN 9TH STREET S.W.
AND 13TH STREET S.W., ON THE EAST SIDE OF THE 82ND AVENUE
RIGHT-OF-WAY, FROM C/I TO PUB, AND REDUCING THE 9TH STREET
S.W. & 74TH AVENUE COMMERCIAL/ INDUSTRIAL NODE FROM ±625.56
ACRES TO ±589.06 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
ORDINANCE N0. 95- 28
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 Af fairs 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:
Tract 8 of Section 4, Township 33 south, Range 38 east
according to the last general plat of lands of Indian River
Farms Company Subdivision as recorded in Plat Book 2, page 25
of the Public Records of St. Lucie County, Florida.
Said land now lying and being in Indian River County, Florida.
Less and except road right-of-way for S.R. 60 subject to all
easements, rights-of-way, reservations and restrictions of
record.
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 #36.5 acres to the S.R. 60 and I-95
Commercial/Industrial Node; and
ORDINANCE NO. 95-28
The land use designation of the following described property
situated in Indian River County, Florida to wit:
The west one-half (1/2) of Tract 4, Section 25, Township 33
South, Range 38 East, according to the last general plat of
lands of the Indian River Farms Company, filed in the office
of the Clerk of the Circuit Court of St. Lucie County,
Florida, in Plat Book 2, Page 25, LESS AND EXCEPT the north
300 feet of the West 500 feet thereof; said land now lying and
being in Indian River County, Florida.
The west one-half (1/2) of Tract 5, Section 25, Township 33
South, Range 38 East, according to the last general plat of
lands of the Indian River Farms Company, filed in the office
of the Clerk of the Circuit Court of St. Lucie County,
Florida, in Plat Book 2, Page 25, LESS AND EXCEPT a triangular
parcel of the Southwest corner thereof containing
approximately 0.65 acres as shown on sketch attached hereto
and made a part hereof; said land now lying and being in
Indian River County, Florida.
Is changed from C/I, Commercial/ Industrial Node to PUB, Public
Facilities:
o The Future Land Use Map is hereby revised accordingly;
and
o Table 2.30 of the Future Land Use Element is revised to
remove ±36.5 acres from the 9th Street S.W. (Oslo Road)
& 74th Avenue Commercial/Industrial Node.
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.
Provisions
SECTION 3. Repeal of Conflicting
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. 95-28
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
Adams and adopted by the following vote:
Chairman Kenneth R. Macht
Vice Chairman Fran B. Adams
Commissioner Richard N. Bird
Commissioner Carolyn K. Eggert
Commissioner John W. Tippin
BOARD OFQ0UNTY : OMMIs:
OF IND RI:MY.
BY:
enneth
ATTEST BY: of
RS
Acknowledgment by the Department o State0of .the; v,e of Florida
this 1st day of November , 1995. U'y t "co'A
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Acknowledgment from the Department of State' received on this
day of 11/06 , 1995, at 11:30 A.M.MODU and filed in
the office of the Clerk of the Board of County Commissioners of
Indian River County, Florida.
Community Develo
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