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HomeMy WebLinkAbout1999-07AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR AN ±8 ACRE TRACT LOCATED ON THE EAST SIDE OF SR Al A, JUST NORTH OF THE TOWN OF INDIAN RIVER SHORES, FROM L-2 TO C-1; BY CHANGING THE LAND USE DESIGNATION FOR A ±37 ACRE TRACT LOCATED AT THE NORTHEAST CORNER OF 8TH STREET AND INDIAN RIVER BOULEVARD, FROM M-2 AND C-2 TO C-1; AND BY CHANGING THE LAND USE DESIGNATION FOR A ±15.8 ACRE TRACT LOCATED WEST OF ST. CHRISTOPHER'S HARBOR SUBDIVISION, FROM C-2 TO C -l; 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 1998 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on October 8, 1998 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 November 10, 1998 after advertising pursuant to F.S. 163.3184(15)(b)l and (c), 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 November 25, 1998, for the State review pursuant to F. i.163.3184(4). and WHEREAS, Indian River County received the Objections, Recommendations, and Comments (UK(, ) Report from the Florida Department of Community Affairs on February 5, 1999, a •R P • WHEREAS, the ORC Report contained no objections or comments regarding this Comprehensive Plan Amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on March 16, 1999, after advertising pursuant to Chapter 163.3184(15)(b)2 and (c), FS and Chapter 125.66(4), FS; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: 1111111,101 11•1112MIN11111ue ,�seeorml i"Ii�f6FI The amendment to the Indian River County Comprehensive Plan identified in section 2 is hereby adopted, and three (3) 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. • :u-eeu-0s I some -e-e The land use designation of the following described property situated in Indian River County, Florida to wit: The South 500 feet of Government Lot 3 as measured along the East right -of --way of State Road AIA and lying East of said right-of-way in Section 25, Township 31 South, Range 39 East. Together with the North 145.02 feet Government Lot 1 lying East of State Road AIA right-of-way Section 36, Township 31 South, Range 39 East, all being and lying in Indian River County, Florida. Is changed from L-2, Low -Density Residential -2 (up to 6 units/acre) to C-1, Publicly Owned or Controlled Conservation -1 (zero density), and the Future Land Use Map is hereby revised accordingly. The land use designation of the following described property situated in Indian River County, Florida to wit: The South one-half of Government Lots 7 and 8, Section 7, Township 33 South, Range 40 East, Indian River County, Florida, LESS AND EXCEPT that parcel described in Official Record Book 719, Page 76, Public Records of Indian River County, Florida. Is changed from M-2, Medium -Density Residential -2 (up to 10 units/acre) and C-2, Privately Owned Estuarine Wetlands Conservation -2 (up to 1 unit/40 acres) to C-1, Publicly Owned or Controlled Conservation -1 (zero density), and the Future Land Use Map is hereby revised accordingly. • ' 01 W• • • The land use designation of the following described property situated in Indian River County, Florida to wit: Part of an island lying west of Government Lot 3 as described in Deed Book 82, Page 531 and Record Book 100, Page 198, Public Records of Indian River County, Florida. Together with Part of an island lying west of Government Lot 4 as described in Deed Book 81, Page 583 and Record Book 100, Page 198, Public Records of Indian River County, Florida. Is changed from C-2, Privately Owned Estuarine Wetlands Conservation -2 (up to 1 unit/40 acres) to C-1, Publicly Owned or Controlled Conservation -1 (zero density), 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 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(1)(b), 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 at a public meeting after public notice of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Press -Journal on the 3rd day of March, 1999 for a public hearing to be held on the 16`h day of March, 1999 at which time it was moved for adoption by Commissioner S t a n b r i d g e, seconded by Commissioner G i n n , and adopted by the following vote: COMMISSIONERS )UNTY at, .Chairman �. -.. n� J eyk"arton; '.. M�� U Acknowledgment's the Department of State of the State of Florida this30 day of, 4 999 Acknowledgment 's the Department of State received �4day ofm '1999,31S. Add and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. u\v\j\lu\cijul98\cpaord.ord finifian Alva Ca I Ajoioved ' 1` Date legal Budget Dept. Risk Mgr. Chairman Kenneth R. Macht A y e Aye Vice -Chairman Fran B. Adams Commissioner Caroline D. Ginn Aye Commissioner Ruth M. Stanbridge Aye Aye Commissioner John W. Tippin COMMISSIONERS )UNTY at, .Chairman �. -.. n� J eyk"arton; '.. M�� U Acknowledgment's the Department of State of the State of Florida this30 day of, 4 999 Acknowledgment 's the Department of State received �4day ofm '1999,31S. Add and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. u\v\j\lu\cijul98\cpaord.ord finifian Alva Ca I Ajoioved ' 1` Date legal Budget Dept. Risk Mgr.