HomeMy WebLinkAbout2005-035ORDINANCE NO. 2005- 035
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND
USE DESIGNATION FOR ±21.20 ACRES LOCATED SOUTH OF 35`h LANE AND
APPROXIMATELY 420 FEET EAST OF 12TH COURT FROM L-1, LOW-DENSITY
RESIDENTIAL -1 (UP TO 3 UNITS/ACRE), TO CII, COMMERCIAL INDUSTRIAL; AND
CHANGING THE LAND USE DESIGNATION FOR ±21.20 ACRES LOCATED
APPROXIMATELY 1350 FEET SOUTH OF 65TH STREET AND APPROXIMATELY 1100
FEET WEST OF OLD DIXIE HIGHWAY, FROM CII, COMMERCIAL INDUSTRIAL, TO L-
1, LOW-DENSITY RESIDENTIAL -1 (UP TO 3 UNITS/ACRE); 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 July
2004 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan
amendment request on November 18, 2004, 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
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WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal
Public Hearing on May 10, 2005, 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 with a request
for review, 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 May 24, 2005, pursuant to F.S.163.3184(4), and
WHEREAS, Indian River County received the Objections, Recommendations and Comments
Report dated July 25, 2005, from the Florida Department of Community Affairs stating the
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ORDINANCE NO. 2005-035
department's objections and recommendations for the amendment, and
WHEREAS, the county provided a detailed concurrency analysis of the proposed land use
amendment to address the department's concerns, and
WHEREAS, the Board of County Commissioners of Indian River County held a
Comprehensive Plan Amendment Adoption Public Hearing on September 13, 2005, 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
To the following described properties situated in Indian River County, Florida:
A PARCEL OF LAND BEING A PART OF THE SOUTHWEST ONE-QUARTER OF THE
NORTHWEST ON -QUARTER OF SECTION 36, TOWNSHIP 32 SOUTH, RANGE 39 EAST
OF INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHWEST ONE-QUARTER
OF THE NORTHWEST ONE-QUARTER OF SECTION 36, TOWNSHIP 32 SOUTH, RANGE
39 EAST, RUN S. 00°06'37"W ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 OF
NORTHWEST 1/4, A DISTANCE OF 1059.45 FEET; THENCE RUN S. 89°34'51"W. AND
PARALLEL TO THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4, A
DISTANCE OF 545 47 FEET; THENCE RUN N. 46°15'33"W. A DISTANCE OF 198.05
FEET; THENCE RUN S. 89°42'33"W. AND PARALLEL TO THE NORTH LINE OF SAID
SOUTHWEST 1/4 OF THE NORTHWEST '/4, A DISTANCE OF 222.71 FEET TO THE EAST
LINE OF THE WEST 419.27 FEET OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4;
THENCE RUN N. 00°02'55"E ALONG SAID EAST LINE OF THE WEST 419.27 FEET, A
DISTANCE OF 923.02 FEET TO THE SAID NORTH LINE OF THE SOUTHWEST 1/4 OF
THE NORTHWEST '4; THENCE RUN N. 89°42'33" E ALONG SAID NORTH LINE OF
SOUTHWEST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 912.53 FEET TO THE POINT
OF BEGINNING.
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ORDINANCE NO. 2005- 035
CONTAINING 21.20 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
Is changed from L-1, Low Density Residential -1 (up to 3 units/acre), to CII, Commercial
Industrial, and the Future Land Use Map is hereby revised accordingly.
AND
A PARCEL OF LAND LYING IN SECTION10, TOWNSHIP 32 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF THE SOUTHEAST CORNER OF THE
SOUTHWEST CORNER OF SAID SECTION 10: THENCE NORTH 0 DEGREES 18
MINUTES 42 SECONDS EAST, ALONG THE WEST LINE OF SAID SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 1000.89 FEET: THENCE
SOUTH 89 DEGREES 54 MINUTES 55 SECONDS EAST, A DISTANCE OF 1001.00 FEET:
THENCE SOUTH 0 DEGREES 18 MINUTES 42 SECONDS WEST, A DISTANCE
OF1000.89 FEET, TO A POINT ON THE SOUTH LINE OF SAID SECTION 10: THENCE
NORTH 89 DEGREES 54 MINUTES 55 SECONDS WEST, ALONG THE SOUTH LINE OF
SAID SECTION, A DISTANCE OF 1001.00 FEET TO THE POINT OF BEGINNING:
SAID DESCRIBED TRACT CONTAINING 21.20 ACRES, MORE OR LESS
Is changed from C/I, Commercial Industrial, to L-1, Low -Density Residential -1 (up to 3
units/acre) 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 shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining provisions.
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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. 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.
This ordinance was advertised in the Press -Journal on the 29th day of August, 2005, for a
public hearing to be held on the 13`" day of September, 2005, at which time it was moved for
adoption by Commissioner Bowden seconded by Commissioner
Davis , and adopted by the following vote:
Thomas S. Lowther, Chairman Aye
Arthur R. Neuberger, Vice Chairman Aye
Wesley S. Davis, Commissioner Aye
Gary C. Wheeler, Commissioner Ay
Sandra L. Bowden, Commissioner Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
5c C.A1-e
Thomas S :Lowther, Chairman
ATTEST -B ��
Jeffrey K. Barton, Clerk
Assicrio2vMpint by the Department of State of the State of Florida this day of
SEP 2 2 7005 , 2005, at A.M./P.M. and filed in the office of the Clerk of the
Board of County Commissioners of Indian River County, Florida.
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AICP; Co unity Dev: opment Director
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