HomeMy WebLinkAbout1997-10ORDINANCE N0: 97-10
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE
LAND USE DESIGNATION FOR ±15.2 ACRES LOCATED ON THE NORTH SIDE
OF 26TH STREET, APPROXIMATELY 1/4 MILE EAST OF 74TH AVENUE,
FROM L-1 TO M-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 1996 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on
all comprehensive plan amendment requests on September 26, 1996,
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 12, 1996,
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 November 25, 1996, 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 4, 1997, and
ORDINANCE NO. 97-10
WHEREAS, the ORC Report noted that, pursuant to Section
163.3191, F.S., the county cannot amend its comprehensive plan
until its Evaluation and Appraisal Report (EAR) has been determined
to be sufficient ` and
WHEREAS, the EAR was determined to be sufficient on February
24, 1997, and
WHEREAS, the Board of County Commissioners of Indian River
County held a Comprehensive Plan Amendment Adoption Public Hearing
on March 18, 1997, 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.
The land use designation of the following described property
situated in Indian River County, Florida to wit:
THE WEST 'fz OF THE WEST 30.34 ACRES OF TRACT 14, INDIAN RIVER
FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE
25, ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING
IN INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 14, RUN S
90000100" W ALONG THE SOUTH LINE OF SAID TRACT 14 A DISTANCE
OF 831.44 FEET TO THE POINT OF BEGINNING OF SAID WEST % OF
SAID WEST 30.34 ACRES, THENCE CONTINUE S 90000100" W ALONG
SAID SOUTH LINE A DISTANCE OF 499.95 FEET TO THE SOUTHWEST
CORNER OF SAID TRACT 14, THENCE RUN N 00008150" E ALONG THE
WEST LINE OF SAID TRACT 14 A DISTANCE OF 1321.99 FEET TO THE
NORTHWEST CORNER OF SAID TRACT 14; THENCE RUN S 89056144" E
ALONG THE NORTH LINE OF SAID TRACT 14 A DISTANCE OF 499.95
FEET; THENCE FUN S 00008150" W AND PARALLEL TO SAID WEST LINE
A DISTANCE OF 1321.51 FEET TO THE POINT OF BEGINNING. SAID
LANDS LYING AND BEING IN SECTION 31, TOWNSHIP 32 SOUTH, RANGE
39 EAST, INDIAN RIVER COUNTY, FLORIDA.
Is changed from L-1, Low -Density Residential -1 (up to 3 units/acre)
to M-1, Medium -Density Residential -1 (up to 8 units/acre) and the
Future Land Use Map is hereby revised accordingly.
SECTION 3.
ORDINANCE NO. 97-10
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 11th day of March, 1997 for a public hearing to be held on
the 18th day of March, 1997 at which time it was moved for adoption
by Commissioner Ginn seconded by Commissioner Macht
and adopted by the following vote:
BOARD OF
OF INDIIAA
BY*
Ca
ATTEST B
Acknowledgment by the Department
this (, day of ,
Acknowledment from the Department of
day of C�--�- 1997, at
the of f ice of the Clerk of t e Board
Indian River County, Florida,
n River Cn Approved
u\v\j\tshcpa.ord
Aye
Aye
Aye
Aye
A y eTr,
alt t
Florida
State `received on this
A.M./ and filed in
of County Commissioners of
A dmin. 1195
Legal
Budget
Dept.
Risk Mgr.
Da
Chairman
Carolyn
K. Eggert
Vice -Chairman
John W. Tippin
Commissioner
Fran B. Adams
Commissioner
Caroline D.
Ginn
Commissioner
Kenneth R.
Macht
BOARD OF
OF INDIIAA
BY*
Ca
ATTEST B
Acknowledgment by the Department
this (, day of ,
Acknowledment from the Department of
day of C�--�- 1997, at
the of f ice of the Clerk of t e Board
Indian River County, Florida,
n River Cn Approved
u\v\j\tshcpa.ord
Aye
Aye
Aye
Aye
A y eTr,
alt t
Florida
State `received on this
A.M./ and filed in
of County Commissioners of
A dmin. 1195
Legal
Budget
Dept.
Risk Mgr.
Da