HomeMy WebLinkAbout2009-007AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING
THE LAND USE DESIGNATION FOR±.32 ACRES LOCATED AT THE NORTHWEST
CORNER OF INDIAN RIVER BOULEVARD AND 37"" STREET FROM M-1, MEDIUM
DENSITY RESIDENTIAL -1 (UP TO 8 UNITS PER ACRE), 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 May 14, 2009 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 June 23, 2009 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:
FXommunity Development%Users\LONG RANGE\CompPlan Amendments\Small Scale Amendments\WM Gregory Construction\Ordinance
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ORDINANCE NO. 2009- 007
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
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:
COMMENCE AT A RAILROAD SPIKE REPORTED TO BE THE SOUTH 1/4 CORNER
OF SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AND RUN ALONG THE
SECTION LINE N 89 44' 30" E 686.49 FEET TO A POINT; THEN RUN N 0003'30" W
PARALLEL WITH THE WEST LINE OF THE SE 1/4 OF SAID SECTION 55.00 FEET
TO THE NORTH LINE OF BARBER STREET (37TH STREET) AND POINT OF
BEGINNING; THEN RUN N 00 03'30" W 167.10 FEET TO A POINT; THEN RUN S 44
56' 05" E 234.99 FEET TO A POINT IN THE NORTH LINE OF BARBER STREET;
THEN RUN ALONG THE NORTH LINE S 89 44' 30" W 165.81 FEET TO THE POINT
OF BEGINNING.
SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND
RESTRICTIONS, IF ANY.
SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA
is changed
from M-1, Medium Density Residential -I
(up to
8 units/acre), 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.
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ORDINANCE NO.2009-_007
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.
Approved and adopted by the Board of County Commissioners of Indian River
County, Florida, on this 23rdday of June, 2009.
This ordinance was advertised in the Press -Journal on the 8th day of June, 2009 for a
public hearing to be held on the Rth day of June, 2009 at which time it was moved for
adoption by Commissioner Who, i Pr seconded by Commissioner
n I Rrvarlind adopted by the following vote:
Wesley S. Davis, Chairman AVE.
Joseph E. Flescher, Vice Chairman AYE
Gary C. Wheeler, Commissioner AYE
Peter D. O'Bryan, Commissioner - A-VIE—
Bob Solari, Commissioner AYE
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTYFr..
rp. r'v
tri
- p
Wesley S. Davis, Chairman
ATTEST BY
+P.+r
JeffKey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date: _Z�L �4 S" aooq
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ORDINANCE NO. 2009- 007
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
fir William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AICP• Con y Development Director
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