HomeMy WebLinkAbout2002-002M
ORDINANCE NO. 2002-002
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE
DESIGNATION FOR TEN ACRES LOCATED AT THE NORTHWEST CORNER OF 45TH
STREET AND 28TH AVENUE, FROM M-2, MEDIUM -DENSITY RESIDENTIAL -2 (UP TO 10
UNITS/ACRE) TO PUB, PUBLIC FACILITIES; 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 Board of County Commissioners substantially revised and updated the
Indian River County Comprehensive Plan, based on the recommendations of the county's Evaluation
and Appraisal Report, on March 17, 1998, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan
amendment request on December 13, 2001, after due public notice, and
WHEREAS, the Local Planning Agency voted 7 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 January 15, 2002, after advertising
pursuant to Chapter 163.3187(1)(c), FS and Chapter 125.66(4), FS; and
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian
River County, Florida, that:
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ORDINANCE NO, 2002-002
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 one (1) copy is 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:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 32
SOUTH, RANGE 39 EAST, RUN WEST 330 FEET FOR A POINT OF
BEGINNING, THEN RUN WEST 330 FEET, THEN RUN NORTH 1,320 FEET,
THEN RUN EAST 330 FEET, THEN RUN SOUTH 1,320 FEET TO THE POINT
OF BEGINNING, CONTAINING 10 ACRES, MORE OR LESS, AND BEING A
PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER
COUNTY, FLORIDA.
ALSO KNOWN AS:
is changed from M-2, Medium -Density Residential -2 (up to 10 units/acre), to PUB, Public Facilities,
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 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
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ORDINANCE NO, 2002- 002
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 February 15, 2002. If challenged, 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, Florida
Statutes, whichever occurs earlier.
This ordinance was advertised in the Press -Journal on the 2❑d day of January, 2002, for a
public hearing to be held on the 15`h day of January, 2002, at which time it was moved for adoption
by Commissioner Ginn , seconded by Commissioner Ti ppi n ,
and adopted by the following vote:
Chairman
Ruth
M. Stanbridge
Aye
Vice
Chairman
John
W.
Tippin
Aye
Commissioner
Fran B.
Adams
Aye
Commissioner
Caroline
D.
Ginn Aye
Commissioner
Kenneth
R.
Macht Aye
OF INDIAN RIVER COUNTY
BY:
Ruth M. Stanbridge , Chairman O
LN I
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To
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ATTEST BIC
Jeffrey K. Barton;;Clerk
This ordinance was filed with the Department of State on the followmg'date:
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ORDINANCE NO. 2002-002
William G. Collins II, Deputy County Attorney
Robert M. Keating, AICP
Community Development
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