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ORDINANCE NO, 98- 03
AN ORDINANCE OF. INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE
DESIGNATION FOR +18.7 ACRES LOCATED APPROXIMATELY 1/40F A MILE
EAST OF 43FD AVENUE, ON THE SOUTH SIDE OF 41ST STREET, FROM M-2 TO C/I;
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
1997 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on Thomas S. Hammond's
comprehensive plan amendment request on October 9, 1997, after due public notice, and
WHEREAS, the Local Planning Agency voted 3 to 1 to recommend 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 4, 1997, after advertising pursuant to F.S. 163.3184(15)(b)(1) 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 process, and
WHEREAS, the Florida Department of Community Affairs received this Comprehensive
Plan Amendment on November 24, 1998, 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 2, 1998,
WHEREAS, the ORC Report contained no objections or comments regarding Thomas S.
Hammond's comprehensive plan amendment, and
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WHEREAS, the Board of County Commissioners of Indian River County held a
Comprehensive Plan Amendment Adoption Public Hearing on March 10, 1998, 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 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,
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 WEST 20 ACRES OF TRACT 11, SECTION 27, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; LESS ALL RIGHTS-
OF-WAY OF RECORD,
is changed from M-2, Medium -Density Residential -2 (up to 10 units/acre) to C/I,
Commercial/Industrial 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.
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 Vero Beach Press -Journal on the 2nd day of March, 1998
for a public hearing to be held on the 10th day of March, 1998 at which time it was moved for
adoption by Commissioner Eggert , seconded by Commissioner Adams ,
and adopted by the following vote:
Chairman John W. Tippin Aye
Vice -Chairman Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
Commissioner Caroline D. Ginn Aye
Commissioner Carolyn K. Eggert _Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY'
BY: Alf
Acknowledgment by the Department of State of the State of Florda`ihis 18 day of Marck,1998.
Acknowledgment from the Department of State received on this 23 day of March , 19989
at 11: 0 OA.M./IX.l* and filed in the office of the Clerk of the Board of County Commissioners of
Indian River County, Florida.
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