HomeMy WebLinkAbout2006-026ORDINANCE NO. 2006- 026
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 .52 ACRES LOCATED EAST OF US HWY 1 AND
APPROXIMATELY 470 FEET NORTH OF SOUTHEAST 21sT STREET, FROM L-2, LOW-
DENSITY RESIDENTIAL -2 (UP TO 6 UNITS/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 July 17, 2006 after due public notice, and
WHEREAS, the Local Planning Agency voted 6 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 September 12, 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- 026
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:
A PARCEL OF LAND BEING A PORTION OF LOT 1, VERO SHORES UNIT 1, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 52, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1, PROCEED NORTH
89037'41" WEST ALONG THE NORTH LINE THEREOF A DISTANCE OF 64.69 FEET;
THENCE SOUTH 00022'19" WEST A DISTANCE OF 21.42 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 29037'41" EAST A DISTANCE OF 25.39 FEET; THENCE
SOUTH 00022'19" WEST A DISTANCE OF 29.20 FEET; THENCE NORTH 89°37'41" WEST A
DISTANCE OF 3.83 FEET; THENCE SOUTH 00022'19" WEST A DISTANCE OF 73.13 FEET;
THENCE SOUTH 58039'52" EAST A DISTANCE OF 3.89 FEET; THENCE SOUTH 00'22'19"
WEST A DISTANCE OF 13.02 FEET; THENCE SOUTH 43°44'25" EAST A DISTANCE OF 7.18
FEET; THENCE SOUTH 00'22'19" WEST A DISTANCE OF 23.36 FEET; THENCE SOUTH
45022'19" WEST A DISTANCE OF 7.07 FEET; THENCE SOUTH 00022'19" WEST A
DISTANCE OF 14.33 FEET; THENCE NORTH 89037'41" WEST A DISTANCE OF 107.38
FEET; THENCE NORTH 55°03'36" WEST A DISTANCE OF 24.46 FEET TO A POINT ON THE
WEST LINE OF SAID LOT 1; THENCE NORTH 00022'37" EAST, ALONG SAID WEST LINE,
A DISTANCE OF 165.62 FEET; THENCE DEPARTING SAID WEST LINE, SOUTH 89°37'41"
EAST A DISTANCE OF .102.00 FEET; THENCE NORTH 60022'19" EAST A DISTANCE OF
15.37 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 22,674 FEET OR .52 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS, IF ANY.
SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA
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ORDINANCE NO. 2006- 026
is changed from L-2, Low Density Residential -2 (up to 6 units/acre), to CA, 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.
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 October 12, 2006. 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.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 12th day of September 2006.
This ordinance was advertised in the Press -Journal on the 28th day of August, 2006 for a
public hearing to be held on the 12th day of September, 2006, at which time it was moved for
adoption by Commissioner Lowther , seconded by Commissioner Wheel er ,
and adopted by the following vote:
Arthur R. Neuberger, Chairman Aye
Gary C. Wheeler, Vice Chairman Aye
Wesley S. Davis, Commissioner Ay,P
Thomas S. Lowther, Commissioner AVP
Sandra L. Bowden, Commissioner Aye
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ORDINANCE NO. 2006- 026
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
B
Arthur R: Ne e er, Cha_irm n
ATTEST BY:
G&.Jeffrey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date:
SEP 2.0 2006
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
ik. 0,4,0I filliam G. Collins II, County Attorney
�E .
APPROVED AS TO PLANNING MATTERS
od— 1171le k
ert M. Keating, AICP; Counity Dov opment Director
FACommunity DevelopmenlUsersUANG RANGECompPlan AmendmenMmall Scale AmendmentAYoung Kim\Ordinance LUDA.doc
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