HomeMy WebLinkAbout2001-030ORDINANCE NO, 2001-030
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND
USE ELEMENT BY EXPANDING THE URBAN SERVICE AREA TO INCLUDE, AND
CHANGING THE LAND USE DESIGNATION FOR 30.8 ACRES LOCATED AT THE
SOUTHWEST CORNER OF 58TH AVENUE AND THE MAIN CANAL FROM AG -1,
AGRICULTURAL -1 (UP TO 1 UNIT/5 ACRES), TO T, TRANSITIONAL RESIDENTIAL (UP
TO 1 UNIT/ACRE; OR UP TO 3 UNITS/ACRE FOR PLANNED DEVELOPMENT PROJECTS);
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 county received comprehensive plan amendment applications during its January
2001 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan
amendment request on April 5, 2000, after due public notice, and
WHEREAS, the Local Planning Agency made a recommendation regarding 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 June 5, 2001, after advertising pursuant to F.S. 163.3184(15)(b)I 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,
WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan
Amendment on June 11, 2001, for the State review pursuant to F.S.163.3184(4), and
Page 1 of 6
ORDINANCE NO. 2001- 030
WHEREAS, Indian River County received the Objections, Recommendations, and Comments
(ORC) Report from the Florida Department of Community Affairs on August 20, 2001, and
WHEREAS, the ORC Report contained no objections or comments regarding this Comprehensive
Plan Amendment, and
WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive
Plan Amendment Adoption Public Hearing on October 16, 2001, after advertising pursuant to
Chapter 163.3184(15)(b)2 and (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, 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.
SECTION 2. Amendments to the Comprehensive Plan
With respect to the following described property situated in Indian River County, Florida to wit:
THE FOLLOWING PARCELS OF LAND, SITUATE IN PORTIONS OF SECTIONS 5 AND
8, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5, TOWNSHIP 33
SOUTH, RANGE 39 EAST; THEN NORTH TO THE SOUTH RIGHT-OF-WAY LINE OF
THE MAIN CANAL OF THE INDIAN RIVER FARMS COMPANY; THEN EASTERLY
ALONG THE SAID CANAL RIGHT-OF-WAY LINE TO THE WEST RIGHT-OF-WAY
LINE OF CANAL OF THE SAID INDIAN RIVER FARMS COMPANY, KNOWN AND
PLATTED AS LATERAL "B"; THEN SOUTH ALONG THE RIGHT-OF-WAY OF THE
SAID LATERAL `B" TO THE SECTION LINE DIVIDING SECTIONS 5 AND 8; THEN
WEST TO THE POINT OF BEGINNING;
Page 2 of 6
ORDINANCE NO. 2001- 030
LESS AND EXCEPT: THE WEST 56 FEET OF THE EAST 136 FEET OF THE
SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39 EAST
LYING SOUTH OF THE MAIN CANAL, 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, FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 5 AND RUN ALONG
THE SECTION LINE NORTH 89 DEGREES, 57 MINUTES 17 SECONDS WEST A
DISTANCE OF 56 FEET TO A POINT. THEN RUN NORTH 0 DEGREES 17
MINUTES 45 SECONDS EAST A DISTANCE OF 674.01 FEET TO A POINT IN
THE SOUTH RIGHT-OF-WAY LINE OF THE MAIN CANAL, THEN RUN ALONG
THE SOUTH RIGHT-OF-WAY OF THE CANAL, NORTH 69 DEGREES 36
MINUTES 11 SECONDS EAST, A DISTANCE OF 59.86 FEET TO A POINT LYING
80 FEET WEST OF AND NORMAL TO THE EAST LINE OF SECTION 5. THEN
RUN SOUTH 0 DEGREES 17 MINUTES 45 SECONDS WEST A DISTANCE OF
694.92 FEET TO THE POINT OF BEGINNING.
PARCEL B: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 8, TOWNSHIP 33 SOUTH, RANGE 39
EAST.
LESS AND EXCEPT: THE WEST 56 FEET OF THE EAST 136 FEET OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 33 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, FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 8 AND RUN ALONG
THE SECTION LINE NORTH 89 DEGREES 57 MINUTES 17 SECONDS WEST A
DISTANCE OF 80 FEET TO THE POINT OF BEGINNING. THEN CONTINUE
NORTH 89 DEGREES 57 MINUTES 17 SECONDS WEST A DISTANCE OF 56
FEET TO A POINT. THEN RUN SOUTH 0 DEGREES 29 MINUTES 24 SECONDS
WEST A DISTANCE OF 676.58 FEET TO A POINT. THEN RUN SOUTH 89
DEGREES 57 MINUTES 16 SECONDS EAST A DISTANCE OF 56 FEET TO A
POINT. THEN RUN NORTH 0 DEGREES 29 MINUTES 24 SECONDS EAST A
DISTANCE OF 676.58 FEET TO THE POINT OF BEGINNING.
rage.) of 6
ORDINANCE NO. 2001- 030
1. The Urban Service Area is expanded to include the above described property;
2. The land use designation of the above described property is changed from AG -1, Agricultural -1
(up to 1 unit/5 acres), to T, Transitional Residential (up to 1 unit/acre; or up to 3 units/acre for
Planned Development Projects); and
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 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
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,
Page 4 of 0
3. 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 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
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,
Page 4 of 0
ORDINANCE NO, 2001-030
This ordinance was advertised in the Press -Journal on the 3`d day of October, 2001, for a public
hearing to be held on the 16`h day of October, 2001, at which time it was moved for adoption by
Commissioner Adams , seconded by Commissioner Stanbridge , and adopted
by the following vote:
Chairman Caroline D. Ginn Aye
Vice -Chairman Ruth M. Stanbridge Aye
Commissioner Fran B. Adams ATg
Commissioner Kenneth R. Macht Absent
Commissioner John W. Tippin Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
P
,-
j S4
r L
Cargline D. Ginn, Char an
ATTESY-1
,Jeffrey`K:%Barton, Clerk
r�-
Acknowledgment by,the Department of State of the State of Florida thiswday of 0, 2001.
Acknowledgrnent from the Department of State received on this day of�pl?', 2001, at
A.M./l. and filed innthe office of the Clerk of the Board of County Commissioners of Indian River
County, Florida.
William G. Collins II, Deputy County Attorney
Page 5 of 6
ORDINANCE NO. 2001-030
cd\u\jw\lu\ci trans l\luda ord.wpd
Page 6 of 6
Director