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:
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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.
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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
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at, .Chairman
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J eyk"arton;
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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.
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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
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at, .Chairman
�. -.. n�
J eyk"arton;
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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.