HomeMy WebLinkAbout2006-019ORDINANCE NO. 2006- 019
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE
DESIGNATION FOR MORE OR LESS 3.28 ACRES LOCATED APPROXIMATELY 475 FEET
NORTH OF STATE ROAD 60 (20TH STREET) AND APPROXIMATELY 690 FEET WEST OF
82ND AVENUE FROM C/I, COMMERCIAL INDUSTRIAL, TO M-1, MEDIUM -DENSITY
RESIDENTIAL -1 (UP TO 8 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 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 11, 2006 after due public notice, and
WHEREAS, the Local Planning Agency voted 5 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 July 11, 2006 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:
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ORDINANCE NO. 2006- 019
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:
THE SOUTH 215.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
"THE WEST 20.46 ACRES OF TRACT 8, SECTION 2, TOWNSHIP 33 SOUTH, RANGE 38 EAST,
ACCORDING TO THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION
AS FILED FOR RECORD IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE
COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LAND NOW SITUATE, LYING AND BEING
IN INDIAN RIVER COUNTY, FLORIDA, LESS RIGHT OF WAY OF STATE ROAD 60, LESS AND
EXCEPT THE SOUTH 6.88 ACRES THEREOF, AS CONVEYED TO HARBOR FEDERAL SAVINGS
BANK BY DEED RECORDED IN BOOK 1059, PAGE 718, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA."
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT 8, SECTION 2, TOWNSHIP 33
SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, THENCE RUN SOUTH
00010'34" WEST ALONG THE WEST LINE OF SAID TRACT 8 A DISTANCE OF 527.39 FEET
TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING AND DEPARTING
THE WEST LINE OF SAID TRACT 8 RUN SOUTH 89048'55" EAST, ALONG A LINE 215.00
FEET NORTHERLY OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTH 6.88
ACRES OF THE WEST 20.46 ACRES OF TRACT 8 (LESS THE RIGHT OF WAY FOR STATE
ROAD 60) A DISTANCE OF 664.52 FEET TO THE EAST LINE OF SAID WEST 20.46 ACRES
OF TRACT 8; THENCE RUN SOUTH 00°10'34" WEST ALONG SAID EAST LINE A
DISTANCE OF 215.00 FEET TO THE AFOREMENTIONED NORTH LINE OF THE SOUTH
6.88 ACRES; THENCE DEPARTING SAID EAST LINE RUN NORTH 89°48'55" WEST ALONG
THE NORTH LINE OF SAID SOUTH 6.88 ACRES A DISTANCE OF 664.52 FEET TO THE
AFOREMENTIONED WEST LINE OF TRACT 8; THENCE RUN NORTH 00'10'34" EAST
ALONG THE SAID WEST LINE A DISTANCE OF 215.00 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINING 3.28 ACRES, MORE OR LESS.
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ORDINANCE NO. 2006- 019
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 C/I, Commercial Industrial, to M-1, Medium Density Residential -1 (up to 8
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.
SECTION 5. Effective Date
Unless challenged, the effective date of this ordinance, and therefore, this plan
amendment, shall be August 11, 2006. If challenged, the effective date ofthis 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.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 11th day of July 2006.
This ordinance was advertised in the Press -Journal on the 26th day of June, 2006 for a
public hearing to be held on the 11 th day of July, 2006, at which time it was moved for adoption by
Commissioner Lowther , seconded by Commissioner Wheeler , and adopted
by the following vote:
Arthur R. Neuberger, Chairman Aye
Gary C. Wheeler, Vice Chairman Aye
Wesley S. Davis, Commissioner Aye
Thomas S. Lowther, Commissioner Ave
Sandra L. Bowden, Commissioner Absent
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ORDINANCE NO. 2006- 019
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
B �?
L—�, , ,
Arthur R. Ne rger, Cha'
ATTEST BY:����.
Jeffrey K. Barton, Clerk
JUL 2 0 2006
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
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Ro ert KrK6ating, AICP; Comm nity Develop ent Director
FACommunity DevelopmenlUsers\LONG RANG9CompPlan\Small Scale AmendmentALVS Vero\Ordinance LUDA.doc
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