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HomeMy WebLinkAbout1994-12ORDINANCE NO. 94-12 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR ±159 ACRES AT THE NORTHWEST CORNER OF C.R. 510 AND 82ND AVENUE, FROM R TO L-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 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 reviewed this comprehensive plan amendment request and made a recommendation 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, Indian River County revised the data and analysis ORC Report and pursuant to F.S. 163.3184(7), and supporting this comprehensive plan amendment in response to the ORC Report and pursuant to F.S. 163.3184(7), and ORDINANCE NO. 94- 12 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: 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 Southeast j of Section 26, Township 31 South, Range 38 East, LESS the West 341.62 feet of the East 1327.07 feet of the South 661.56 feet; ALSO LESS the West 331.74 feet of the East 1658.81 feet of the South 267.71 feet; ALSO LESS the East 125 feet and the South 40 feet; TOGETHER WITH the Southeast j of the Northeast of the said Section 26 lying South of Lateral C of the Sebastian River Drainage District described in Deed Book 32 of Page 177 of the Public Records of Indian River County, Florida. Is changed from R. Rural (up to 1 unit/acre) to L-1, Low -Density Resdential-1 (up to 3 units/acre): o The Future Land Use Map is hereby revised accordingly. Adoption SECTION 1. Comprehensive Plan Amendment and of Conflicting 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 Southeast j of Section 26, Township 31 South, Range 38 East, LESS the West 341.62 feet of the East 1327.07 feet of the South 661.56 feet; ALSO LESS the West 331.74 feet of the East 1658.81 feet of the South 267.71 feet; ALSO LESS the East 125 feet and the South 40 feet; TOGETHER WITH the Southeast j of the Northeast of the said Section 26 lying South of Lateral C of the Sebastian River Drainage District described in Deed Book 32 of Page 177 of the Public Records of Indian River County, Florida. Is changed from R. Rural (up to 1 unit/acre) to L-1, Low -Density Resdential-1 (up to 3 units/acre): o 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. x r ORDINANCE NO. 94-12 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 Eggert' seconded by Commissioner Bird 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 BOARD OF COUNT)(, OF INDIAN RIVER\' BY: �e re l31!'• t% Acknowledgment by the Department of'State this da of A 1994 Aye Aye Aye ,nvP on, Clerk State of Florida 15th y April .. Acknowledgment from the Department of State received on this 21st day of April 1994, at 10:00 a.m. ft x and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM u\v\j\sghcpa.ord Ind,an Rhcr a d AF yFCt'Vd Dais — — Admin— Legal Budget � Dept. Risk Mgr.