HomeMy WebLinkAbout2003-023'f e 1
004- law
ORDINANCE NO. 2003- 023
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING
THE LAND USE DESIGNATION FOR .44 ACRES LOCATED WEST OF THE I-
95/STATE ROUTE 60 OFFRAMP, APPROXIMATELY 176 FEET NORTH OF STATE
ROUTE 60, FROM M4, MEDIUM -DENSITY RESIDENTIAL -1 (UP TO 8
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, based on the recommendations of the county's
Evaluation and Appraisal Report, on March 17, 1998, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive
plan amendment request on June 26, 2003, 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), F.S., 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 August 5, 2003, after
advertising pursuant to Chapter 163.3187(1)(c), F.S. and Chapter 125.66(4), F.S.; and
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners
of Indian River County, Florida, that:
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ORDINANCE NO, 2003- 023
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 one (1) copy is 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
The land use designation of the following described property situated in Indian River
County, Florida to wit:
Beginning at the northwest corner of Lot 5, Block A, Vero Tropical
Gardens, Unit 41, as recorded in Plat Book 4, Page 75, public records
of Indian River County, Florida, run south 00° 29' 58" west along the
west line of lots 5,4, and 3, Block A, 140.00 feet to a point; thence
run south 89° 00' 22" east for a distance of 99.73 feet to a point;
thence run north 28° 52' 30" east, for a distance of 147.89 feet to a
point; thence run north 89° 22' 00" west for a distance of 35.00 feet
to a point; thence run north 00° 25' 32" east for a distance of 10.75
east to a point; thence run north 89° 32' 28" west for a distance of
135.00 feet to a point; said point being the Point of Beginning. All
the above situated in Indian River County, Florida. Subject to a
county easement, 20 feet wide and parallel with the easterly line of
the above described parcel. Also, subject description includes the
abandoned ROW of 132nd avenue as recorded in Plat Book 4, Page
75, Public Records of Indian River County, Florida.
is changed from M-1, Medium -Density Residential -1 (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.
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
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e V.
ORDINANCE NO, 2003- 023
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 upon filing with the Department of State. 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.
This ordinance was advertised in the Press -Journal on the 23rd day of July, 2003,
for a public hearing to be held on the 5th day of August, 2003, at which time it was
moved for adoption by Commissioner Neuberger , seconded by
Commissioner. Lowther , and adopted by the following vote:
Chairman Kenneth R. Macht AyP
Vice -Chairman Caroline D. Ginn Aye
Commissioner Fran B. Adams Aye
Commissioner Arthur R. Neuberger Aye
Commissioner Thomas S. Lowther Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVE��CQFTNTY xz
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Jeffrey K. Barton, Clerk
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Department
State
following
date:
This
ordinance
was
filed with the of on the
CLccQ
R a003
Page 3 of 4
ORDINANCE NO. 2003- 023
William G. Collins II, County Attorney
(2
Robert M. Keating, AICIf
Community Development Directo
T 7
F:\Community Development\Users\LONG RANGE\CompPlan\Small Scale
Amendments\Marquis\LU ord.doc
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