HomeMy WebLinkAbout2004-028ORDINANCE NO. 2004- 028
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE
DESIGNATION FOR ± 2.5 ACRES LOCATED AT THE SOUTHWEST CORNER OF 45TH
STREET (NORTH GIFFORD ROAD) AND 43RD AVENUE FROM PUB, PUBLIC, TO C/I,
COMMERCIAL/INDUSTRIAL; AND PROVIDING CODIFICATION, SEVERABILITY, AND
EFFECTIVE DATE
WHEREAS, the Board of County Commissioners adopted the Indian River County
Comprehensive Plan on February 13, 1990, and
WHEREAS, the Board of County Commissioners substantially revised and updated
the Indian River County Comprehensive Plan on March 17, 1998, based on the
recommendations of the county's Evaluation and Appraisal Report, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive
plan amendment request on June 10, 2004, after due public notice, and
WHEREAS, the Local Planning Agency voted 6 to 0 to recommend approval of this
comprehensive plan amendment to the Board of County Commissioners, and
WHEREAS, this Comprehensive Plan Amendment meets the criteria established in
Chapter 163.3187(1)(c), FS, for small scale development amendments, and
WHEREAS, the Board of County Commissioners of Indian River County held a
Comprehensive Plan Amendment Adoption Public Hearing on October 5, 2004, after
advertising pursuant to Chapter 163.3187(1)(c), FS and Chapter 125.66(4), FS;
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 as a small scale development amendment, and the Board of County
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ORDINANCE NO. 2004- 028
Commissioners directs staff to transmit one (1) copy of the amendment to the State of Florida
Department of Community Affairs and one (1) copy 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 NORTH 345.6 FEET OF THE EAST 11.18 ACRES OF TRACT 1, SECTION 28,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF
THE LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2,
PAGE 25 OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA; LESS AND
EXCEPT ALL RIGHT-OF-WAY FOR ROADS, CANALS AND DITCHES.
CONTAINING 2.5 ACRES, MORE OR LESS.
SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA
is changed from PUB, Public, to C/I, Commercial Industrial, and the Future Land Use Map is
hereby revised accordingly.
SECTION 3. 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.
SECTION 4. Severability
It isdeclared 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
Unless challenged, the effective date of this ordinance, and therefore, this plan
amendment, shall be October 12, 2004. If challenged, the effective date of this ordinance,
and therefore, this plan amendment, shall be the date a final order is issued by the
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ORDINANCE NO. 2004- 022
Department of Community Affairs or Administration Commission finding the amendment in
compliance with Section 163.3184, Florida Statutes, whichever occurs earlier.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 12th day of October, 2004.
This ordinance was advertised in the Press -Journal on the 1 st day of October, 2004, for a
public hearing to be held on the 12th day of October, 2004, at which time it was moved for adoption
by Commissioner Adams , seconded by Commissioner Lowther , and
adopted by the following vote:
Chairman Caroline D. Ginn
Vice -Chairman Arthur R. Neuberger
Commissioner Kenneth R. Macht
Commissioner Thomas S. Lowther
Commissioner Fran B. Adams
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Aye
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BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
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This ordinance was filed with the Department"of State on the following date: OCT 2 5 2004
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ORDINANCE NO. 2004- 028
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AIC , nity Develo ment Director
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