HomeMy WebLinkAbout1996-07rile %JIXLl LIZ-M%L:L V1: 1.1\L 1 L'll\ 1\1 VAJ 1\ \.VVLN11 I LLs+, +++'+a..+.+.. i+. v i44u
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE
LAND USE DESIGNATION FOR ±18.4 ACRES LOCATED AT THE SOUTHEAST
CORNER OF 26TH STREET AND 58TH AVENUE, FROM L-2 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 1995 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on
all comprehensive plan amendment requests on October 12, 1995 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 21, 1995,
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 December 7, 1995, 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 16, 1996, and
WHEREAS, the ORC Report contained no objections to this
comprehensive plan amendment, and
r
ORDINANCE NO. 96- 07
WHEREAS, the Board of County Commissioners of Indian River
County held a Comprehensive Plan Amendment Adoption Public Hearing
on March 19, 1996, 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 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 WEST 20 ACRES OF TRACT 41 SECTION 41 TOWNSHIP 33
SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT
OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN
PLAT BOOK 21 PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA; SUBJECT TO ALL RIGHTS-OF-WAY AND EASEMENTS OF
RECORD AND CONTAINING 18.365 NET ACRES, MORE OR LESS.
Is changed from L-2, Low -Density Residential -2 (up to 6 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. Repeal of Conflictinq 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.
IE
ORDINANCE NO. 96- 07
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 163.31841 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
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 11th day of March, 1996 for a public hearing to be held on
the 19th day of March, 1996 at which time it was moved for adoption
by Commissioner Macht seconded by Commissioner Tippin
and adopted by the following vote:
Chairman Fran B. Adams Aye
Vice -Chairman Carolyn K. Eggert Aye
Commissioner Richard N. Bird Absent
Commissioner Kenneth R. Macht Aye
Commissioner John W. Tippin Aye,,
VV
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY^=tt:�3�1,9�96;,
BY: -
r'ran a s imd �4,
v
ATTEST BY.0
e y K. 'lBar ,V Clerk
0 or
Acknowledgment by the Department of State' of..,,the -Sante oFlorida
1111111
this 27th day of March , 1996.
Acknowledgment from the Department of State,treceived on this 2nd
day of April 1996, at 11,00 A.M. /RxMxx and filed in
'
the office of the Clerk of the Board of Countyn&lssioners of
Indian River County, Florida.
APPROVED AS TO FORM
LEGAL SUFFICIENCY
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