HomeMy WebLinkAbout1991-29ORDINANCE NO. 91- 29
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AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN AND THE
ACCOMPANYING FUTURE LAND USE MAP BY DECREASING THE HOBART
ROAD/U.S. HIGHWAY #1 COMMERCIAL NODE FROM 501 ACRES TO 361
ACRES AND AMENDING THE LAND USE DESIGNATION FROM C/I TO L-21
AND PROVIDING FOR CODIFICATION, REPEAL OF CONFLICTING
PROVISIONS, 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, 1990 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on
all comprehensive plan amendment requests on November 15, 1990,
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 December 11, 1990,
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 19, 1990, for the
State review pursuant to F.S.163.3184(4)1
and
WHEREAS, Indian River County received the Objections,
Recommendations, and Comments (ORC) Report from the Florida
Department of Community Affairs on April 22, 1991, and
WHEREAS, Indian River County revised the data and analysis
supporting this comprehensive plan amendment in response to the ORC
Report and pursuant to F.S. 163.3184(7), and
WHEREAS, the Board of County Commissioners of Indian R4ver
•
•
ORDINANCE NO 91-2_
County held a Comprehensive Plan Amendment Adoption Public Hearing
on June 18, 19918 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.
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.
SECTION 2. Amendments to the Comprehensive Plan
o The land use designation of the following described
property situated in Indian River County, Florida, to -
wit:
Being a part of the N.E. } of the N.E. � of Section 4,
Township 32 South, Range 39 East and also being a part of the
N.W. } of the N.W. j of Section 3, Township 32 South, Range 39
East being more fully described as follows:
Commencing at the N.W. Corner of the N.E. j
of the N.E. } of
sU id Section 4; thence S 00°01'59"E a distance of 40 feet to
the south Right -of -Way Line of 77th Street; thence S89058147"E
along said south Right -of -Way line a distance of 788.44 feet;
thence 500001'13"W a distance of 354.00 feet; thence
S8905814711E parallel to said South Right -of -Way line of 77th
Street a distance of 585.59 feet; thence S7000010011E a
distance of 180.23 feet, thence S8905814711E parallel to said
South Right -of -Way Line of 77th Street a distance of 44.48
feet to the Westerly Right -of -Way Line of the F.EaCaR.R.;
thence along said Westerly Right -of -Way of the F.E.C.R.R.
S25054142"E a distance of 227.30 feet; thence N89058'47"W
parallel to said South Right -of -Way of 77th Street a distance
of 146.55 to the East line of said Section 4, Township 32
South, Range 39 East; thence along said section line
S00007158"E a distance of 271.81 feet; thence parallel to said
westerly Right -of -Way line of the F.E.C.R.R. N25054'42"W a
distance of 302.24 feet; thence parallel to said South Right -
of -Way Line of 77th Street N89058147"W a distance of 1208.72
feet to the West line of the N.E. # of the N.E.1 of said
Section 4; thence along said west line N00001'59"W a distance
of 620.00 feet back to the Point of Beginning. All of the
above lying and being in Indian River County, Florida and
containing 15.33 acres more or less.
Is changed from C/I, Commercial/ Industrial
o The Future Land Use Nap is hereby revised accordingly;
and
o Table 2.30 of the Future Land Use Element is revised to
delete #15 acres from the Hobart Road/U.S. Highway #1
Commercial Node
SECTION 3. Codification
The provisions
of
this
Node to L-2, Low -Density
Residential
(up
to
6 units/acre):
word
"ordinance" may
o The Future Land Use Nap is hereby revised accordingly;
and
o Table 2.30 of the Future Land Use Element is revised to
delete #15 acres from the Hobart Road/U.S. Highway #1
Commercial Node
SECTION 3. Codification
The provisions
of
this
ordinance shall
be
incorporated into
the County Code and
the
word
"ordinance" may
be
changed to
ORDINANCE NO. 91-12_
"section", "article", or other appropriate word, and the sections
0 of the ordinance may be renumbered or relettered to accomplish such
intentions.
�J SECTION 4. 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. All special acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 5. 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 Amendments
are 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 6. Effective Date
This ordinance shall become effective upon adoption pursuant
to F.S.163.3194.
Approved and adopted by the
Board of County
Commissioners of
Indian River County, Florida, on
this 18th day
of
June .1991.
This ordinance was advertised in the Vero Beach
Press -Journal
on the 10th
day of June ,
1991 for a public
hearing to be
held on the 18th day of June
, 1991 at which time it was
moved for adoption by Commissioner
�
, seconded by
Commissioner Eggert
1
.
the following
ORDINANCE NO. 91-12_
"section", "article", or other appropriate word, and the sections
0 of the ordinance may be renumbered or relettered to accomplish such
intentions.
�J SECTION 4. 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. All special acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 5. 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 Amendments
are 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 6. Effective Date
This ordinance shall become effective upon adoption pursuant
to F.S.163.3194.
Approved and adopted by the
Board of County
Commissioners of
Indian River County, Florida, on
this 18th day
of
June .1991.
This ordinance was advertised in the Vero Beach
Press -Journal
on the 10th
day of June ,
1991 for a public
hearing to be
held on the 18th day of June
, 1991 at which time it was
moved for adoption by Commissioner
Scurlock
, seconded by
Commissioner Eggert
, and adopted
by
the following
vote:
Chairman Richard N. Bird AyP
Vice Chairman Gary C. Wheeler Absent
Commissioner Carolyn K. Eggert Aye
Commissioner Margaret C. Bowman Absent
Commissioner Don C. Scurlock, Jr. Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN DIVED
COUNTY
���
Richard N. Bird, Chairman
ATTEST BY:
r
Acknowledgement by the Department of State of the State of Florida
this 27th day of June , 1991.
Effective Date: Acknowledgement from the Department of State
received on this 1st day of July , 1991, at 10:00
A.M./P.M. and filed in the office of the Clerk of the Board of
Couity Commissioners of Indian River County, Florida.