HomeMy WebLinkAbout1997-05ORDINANCE NO. 97-05
AN ORDINANCE `.,OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE
LAND USE DESIGNATION FOR ±15.02 ACRES LOCATED AT THE NORTHWEST
CORNER OF THE INTERSECTION OF 58TH AVENUE AND THE MAIN RELIEF
CANAL, FROM M-1 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 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. 97-05
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:
IIIII I 111 111111111 3= 1:
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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.
The land use designation of the following described property
situated in Indian River County, Florida to wit:
THAT PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 SECTION 5,
TOWNSHIP 33 SOUTH, RANGE 39 EAST, LYING NORTH OF THE MAIN
CANAL (300.00 FEET WIDE R.O.W.)(INDIAN RIVER FARMS WATER
CONTROL DISTRICT), INDIAN RIVER COUNTY, FLORIDA. LESS AND
EXCEPT THAT PART OF C.R. 613 (KINGS HIGHWAY/58TH AVE.) RIGHT
OF WAY THEREOF.
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.
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
av
ORDINANCE NO. 97-05
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 Adams
and adopted by the following vote:
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY .01
40000,
BY:
Carol K. ...E airman
fi , rtyy t r .r
ATTEST BY
.�
Acknowledgment by the De pa tment o State of ,the a o3
this,(p day of 1997 t>` .y_,. •°Sra
Acknowl dgment from the Department of State,,rec i`�`d on this
day of ^-, 1997, at A
//: b -U ' ''M. / and filed in
the offi e of the Clerk of.the Board of County.'.Commissioners of
Indian River County, Florida.
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Indian River Cn Aflpr ved
Ad
Le
gal
Budgej W L
Dept.
rmisk Mgr. I—
Da
Chairman
Carolyn
K. Eggert
Aye
Aye
Vice -Chairman
John W.
Tippin
Aye
Commissioner
Fran Be Adams
Commissioner
Caroline
D. Ginn Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY .01
40000,
BY:
Carol K. ...E airman
fi , rtyy t r .r
ATTEST BY
.�
Acknowledgment by the De pa tment o State of ,the a o3
this,(p day of 1997 t>` .y_,. •°Sra
Acknowl dgment from the Department of State,,rec i`�`d on this
day of ^-, 1997, at A
//: b -U ' ''M. / and filed in
the offi e of the Clerk of.the Board of County.'.Commissioners of
Indian River County, Florida.
u\v\j\smbcpa.ord
Indian River Cn Aflpr ved
Ad
Le
gal
Budgej W L
Dept.
rmisk Mgr. I—
Da