HomeMy WebLinkAbout1995-26ORDINANCE N0. 95-26
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE
LAND USE DESIGNATION FOR ±298 ACRES LOCATED ALONG THE WEST
BANK OF THE INDIAN RIVER LAGOON, NORTH OF OSLO ROAD, FROM M-2
AND C-2 TO C-1, 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,
and
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,
and
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
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
q . 1
ORDINANCE NO. 95- 26
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:
THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 18, TOWNSHIP
33 SOUTH, RANGE 40 EAST; THAT PORTION OF SECTION 19 AND
GOVERNMENT LOTS 11 21 31 AND 4 IN SECTION 19, TOWNSHIP 33
SOUTH, RANGE 40 EAST; AND ALL OF GOVERNMENT LOT 1,
SECTION 20, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN
RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF
SAID SECTION 19 AND RUN 5.89044144"W. ALONG THE SOUTH
LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 19, SAID LINE
BEING THE CENTERLINE OF THE 100 FOOT WIDE RIGHT OF WAY OF
OSLO ROAD, FOR 305.00 FEET; THENCE RUN N.00.11131"W. FOR
50.00 FEET TO THE NORTHERLY RIGHT OF WAY LIEN OF SAID
OSLO ROAD, SAID POINT BEING THE POINT OF BEGINNING OF
THIS DESCRIPTION;
THENCE RUN 5.89.44144"W., ALONG THE NORTHERLY RIGHT OF
WAY LINE OF SAID OSLO ROAD, FOR 568.32 FEET; THENCE RUN
N.12.19105"W. FOR 1620.99 FEET TO THE SOUTH LINE OF THE
SOUTH 102.00 FEET OF THE NORTH 1018.80 FEET OF THE
SOUTHWEST 1/4 OF SAID SECTION 19; THENCE RUN
N.89.58150"W., 1018.80 FEET SOUTH OF AND PARALLEL TO THE
NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 19, FOR
383.36 FEET; THENCE RUN N.12.19'05"W., 195.51 FEET EAST
OF AND PARALLEL TO THE EASTERLY LINE OF THE 160 FOOT WIDE
RIGHT OF WAY OF U.S. HIGHWAY NO. 11 FOR 2.06 FEET; THENCE
RUN N.89.58150"W., 1016.80 FEET SOUTH OF AND PARALLEL TO
THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 19,
FOR 200.13 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID
U.S. HIGHWAY NO. 1; THENCE RUN N.12.19'0511W, ALONG THE
EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY N0. 11 FOR
102.35 FEET TO THE NORTH LINE OF THE SOUTH 102.00 FEET OF
THE NORTH 1018.80 FEET OF THE SOUTHWEST 1/4 OF SAID
SECTION 19; THENCE RUN 5.89.58'50"E., ALONG THE NORTH
LINE OF THE SOUTH 102.00 FEET OF THE SOUTH 1018.80 FEET
OF THE SOUTHWEST 1/4 OF SAID SECTION 19, FOR 1819.26 FEET
TO THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19;
THENCE RUN 5.89.58'50"E, 916.80 FEET SOUTH OF AND
ORDINANCE NO. 95-26
PARALLEL TO THE NORTH LINE OF THE SOUTHEAST 1/4, FOR
675.60 FEET; THENCE RUN N.00.11'31"W., 675.60 FEET EAST
OF AND PARALLEL TO THE WEST LINE OF THE SOUTHEAST 1/4 OF
SAID SECTION 19, FOR 916.80 FEET TO THE SOUTH LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 19; THENCE RUN
5.89.58'50"E. ALONG THE SOUTH LINE OF THE NORTHEAST 1/4
OF SAID SECTION 19, FOR 299.64 FEET; THENCE RUN
N.00*14117"W., ALONG THE WEST LINE OF THE EAST 10 ACRES
OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION
19 FOR 1316.30 FEET TO THE SOUTH LINE THE NORTHWEST 1/4
OF THE NORTHEAST 1/4 OF SAID SECTION 19; THENCE RUN
N.89.43127"W. ALONG THE SOUTH LINE OF THE NORTHWEST 1/4
OF THE NORTHEAST 1/4 OF SAID SECTION 19 FOR 644.19 FEET;
THENCE RUN No00.11'31"W., ALONG THE EAST LINE OF THE WEST
10 ACRES OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION 19, FOR 1319.21 FEET TO THE SOUTH LINE OF
THE SOUTHEAST 1/4 OF SAID SECTION 18; THENCE RUN
N.89.27159"W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4
OF SAID SECTION 18, FOR 3.61 FEET; THENCE RUN
N.00.14'05"E., ALONG THE EAST LINE OF THE WEST 10 ACRES
OF SAID GOVERNMENT LOT 6 FOR 1334.79 FEET; THENCE RUN
S.89.34121"E., ALONG THE NORTH LINE OF SAID GOVERNMENT
LOT 61 FOR 1309 FEET, MORE OR LESS, TO THE SAFE UPLAND
ELEVATION LINE ( ELEV . OF 0 . 6 N. G. V . D ) OF THE WEST BANK OF
THE INDIAN RIVER AS FIELD LOCATED ON JANUARY 15, 1990;
THENCE MEANDER SOUTHERLY ALONG SAID SAFE UPLAND ELEVATION
LINE FOR APPROXIMATELY 61500 FEET TO THE NORTH LINE OF
THE SOUTH 330.00 FEET OF SAID GOVERNMENT LOT 4; THENCE
RUN S.89.44'01"W., 330.00 FEET NORTH OF AND PARALLEL TO
THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19,
FOR 822 FEET, MOR OR LESS; THENCE RUN N.00*14117"W. FOR
319.00 FEET; THENCE RUN 5.89.44'01"W., 649.00 FEET NORTH
OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF
SAID SECTION 19, FOR 1675.78 FEET TO EAST LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 19; THENCE RUN
5.89.44'44"W., 649 FEET NORTH OF AND PARALLEL TO THE
SOUTH LINE OF THE SOUTHWEST 1/4, FOR 304.22 FEET; THENCE
RUN 5.00.11131"E., 304.22 FEET WEST OF AND PARALLEL TO
THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 19,
FOR 599.00 FEET TO THE POINT OF BEGINNING CONTAINING
297.9329 ACRES, MORE OR LESS.
Is changed from M-2, Medium -Density Residential -2 (up to 10
units/acre) and C-2, Conservation -2 (up to 1 unit/40 acres) to C-1,
Conservation -1 (zero density) and the Future Land Use Map is hereby
revised accordingly.
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. 951FFIFF26
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 OF COU
OF IND N RI
BY:
Kennet
ATTEST BY:
Acknowledgment by the Department oft
this 1st day of November , 1995.
Acknowledgment from the Department of
day of 11/06 , 1995, at 11:30
the office of the Clerk of the Board
Indian River County, Florida.
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