HomeMy WebLinkAbout1997-12ORDINANCE NO. 97-12
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE
LAND USE DESIGNATION FOR ±101.8 ACRES LOCATED AT THE NORTHEAST
CORNER OF S.R. 60 AND 102ND AVENUE, FROM M-1 AND AG -2 TO C/I;
BY CHANGING THE LAND USE DESIGNATION FOR +118.4 ACRES LOCATED
BETWEEN 9TH STREET, S.W., AND 13TH STREET, S.W., APPROXIMATELY
% MILE WEST OF 74TH AVENUE, FROM C/I TO PUB; BY EXPANDING THE
URBAN SERVICE AREA BY 29.5 ACRES; AND BY ADDING A NEW POLICY;
AND PROVIDING SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Indian
River County Comprehensive Plan on February 13, 1990, and
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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
d
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
a
final public hearing at the adoption stage of this plan amendment,
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
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ORDINANCE NO. 97- 12
WHEREAS, after considering the ORC Report and pursuant to F.S.
163.3184(7), Indian River County recognized the need for a new
Comprehensive Plan Land Use Element policy limiting the use of the
101.8 acres located at the northeast corner of SR 60 and 102nd
Avenue, and
WHEREAS, the ORC Report noted that, pursuant to F.S. 163.3191,
the county cannot amend its Comprehensive Plan until its Evaluation
and Appraisal Report (EAR) has been determined to be sufficient,
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:
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:
TRACTS 1, 2, AND 7 OF SECTION 41 TOWNSHIP 33 SOUTH, RANGE 38
EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN
RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 21
PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA. LESS AND EXCEPT ROAD RIGHT-OF-WAY FOR STATE ROAD 60
SUBJECT TO ALL EASEMENTS, RIGHTS-OF-WAY, RESERVATIONS, AND
RESTRICTIONS OF RECORD.
AND LESS THE WEST 250.00 FEET OF THE NORTH 1,145 FEET OF SAID
TRACT 2.
Is changed from M-1, Medium -Density Residential -1 (up to 8
units/acre) to C/I, Commercial/Industrial Node and the Future
Land Use Map is hereby revised accordingly,
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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:
TRACTS 1, 2, AND 7 OF SECTION 41 TOWNSHIP 33 SOUTH, RANGE 38
EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN
RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 21
PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA. LESS AND EXCEPT ROAD RIGHT-OF-WAY FOR STATE ROAD 60
SUBJECT TO ALL EASEMENTS, RIGHTS-OF-WAY, RESERVATIONS, AND
RESTRICTIONS OF RECORD.
AND LESS THE WEST 250.00 FEET OF THE NORTH 1,145 FEET OF SAID
TRACT 2.
Is changed from M-1, Medium -Density Residential -1 (up to 8
units/acre) to C/I, Commercial/Industrial Node and the Future
Land Use Map is hereby revised accordingly,
PS
ORDINANCE NO. 97-12
• The land use designation of the following described property
situated in Indian River County, Florida to wit:
TRACTS 3 AND 6, AND THE EAST % OF TRACTS 4 AND 5, SECTION 25,
TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST
GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY
SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LANDS NOW LYING
AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT
ROAD RIGHT-OF-WAY.
Is changed from C/I, Commercial/Industrial Node to PUB, Public
Facilities and the Future Land Use Map is hereby revised
accordingly, and
• The urban service area is expanded to include the following
described property situated in Indian River County, Florida to
wit:
THE WEST % OF TRACTS 2 AND 7 OF SECTION 4, TOWNSHIP 33 SOUTH,
RANGE 38 EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF
INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT
BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA. SAID LANDS NOW LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA. LESS AND EXCEPT ROAD RIGHT-OF-WAY FOR STATE
ROAD 60 SUBJECT TO ALL EASEMENTS, RIGHTS-OF-WAY, RESERVATIONS,
AND RESTRICTIONS OF RECORD.
AND LESS THE WEST 250.00 FEET OF THE NORTH 1,145 FEET OF SAID
TRACT 2.
• Policy 1.38 of the Future Land Use Element, as shown on
Attachment A, is added.
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. Severabilily
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.
ORDINANCE NO. 97- 12
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 Adams seconded by Commissioner Macht ,
and adopted by the following vote:
BOARD OF COUNTY
OF INDIAN RIVER
BY:
Carol
ATTEST BY. i
COMMISSIONERS
COUNTY
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3
Egger Chairman'
B a
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Acknowledgment by the Department oState of ;the tati-0 k6, Florida
this 3 -� day of 1997 . `
Acknowledg ent from the Department of State receivedOr
"on this
day of 1997, at A.M./TsqF and filed in
the office of the Clerk of the Board of County Commissioners of
Indian River County, Florida.
Chairman
Carolyn
K. Eggert
Vice -Chairman
John W. Tippin
Commissioner
Fran B. Adams
Commissioner
Caroline D.
Ginn
Commissioner
Kenneth
R. Macht
BOARD OF COUNTY
OF INDIAN RIVER
BY:
Carol
ATTEST BY. i
COMMISSIONERS
COUNTY
J,
3
Egger Chairman'
B a
Ohl
a .f;`•� 7
ton/ le>r]s�A
'kms '
A
Acknowledgment by the Department oState of ;the tati-0 k6, Florida
this 3 -� day of 1997 . `
Acknowledg ent from the Department of State receivedOr
"on this
day of 1997, at A.M./TsqF and filed in
the office of the Clerk of the Board of County Commissioners of
Indian River County, Florida.
NEW FUTURE LAND USE ELEMENT POLICY 1.38
The county shall limit the use of
property located at the northeast
to industrial uses only. Those
light manufacturing and assembly,
policy shall be implemented
development requirements.
u\v\j\lam2cpa.ord
the 101.8 acres of C/I designated
corner of SR 60 and 102nd Avenue
uses include an industrial park,
and distribution centers. This
through zoning and/or planned