HomeMy WebLinkAbout2001-024ORDINANCE NO, 2001- 024
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND
USE DESIGNATION FOR ±10 ACRES LOCATED ±950 FEET EAST OF 43RD AVENUE, ON
THE SOUTH SIDE OF 41ST STREET, FROM M-2, MEDIUM -DENSITY RESIDENTIAL -2 (UP
TO 10 UNITS/ACRE), TO C/I, COMMERCIAL/INDUSTRIAL; AND PROVIDING
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 January
2001 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan
amendment request on April 5, 2000, after due public notice, and
WHEREAS, the Local Planning Agency recommended approval of this comprehensive plan
amendment to the Board of County Commissioners, and
WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal
Public Hearing on May 22, 2001, after advertising pursuant to F.S. 163.3184(15)(b)l and (c), and
WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive
plan amendment to the Florida Department of Community Affairs for their review and comment, 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,
WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan
Amendment on June 11, 2001, for the State review pursuant to F.S. 163.3184(4), and
Page 1 of 4
ORDINANCE NO. 2001-024
WHEREAS, Indian River County received the Objections, Recommendations, and Comments
(ORC) Report from the Florida Department of Community Affairs on August 20, 2001, and
WHEREAS, the ORC Report contained no objections or comments regarding this Comprehensive
Plan Amendment, and
WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive
Plan Amendment Adoption Public Hearing on October 16, 2001, 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. Amendment to the Comprehensive Plan
The land use designation of the following described property situated in Indian River County,
Florida to wit:
THE EAST 10 ACRES OF TRACT 12 OF SECTION 27, TOWNSHIP 32 SOUTH, RANGE
39 EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN
RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE
25, PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA.
Is changed from M-2, Medium -Density Residential -2 (up to 10 units/acre), to C/I, Commercial/
Industrial, and the Future Land Use Map is hereby revised accordingly.
Page 2 of 4
ORDINANCE NO* 2001-024
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
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, whichever occurs earlier.
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.
Page 3 of 4
ORDINANCE NO. 2001- 024
This ordinance was advertised in the Press -Journal on the 3" day of October, 2001, for a public
hearing to be held on the 16`h day of October, 2001, at which time it was moved for adoption by
Commissioner Macht , seconded by Commissioner Ti ppi n , and adopted
by the following vote:
BOARD OF COUNTY COMMISSIONERS
OF INDIAN, RIVER COUNTY
Y'
Ak
BY:
Garoline.D: Ginn Cli°a'rman_ ,
a. ATTEST. B Cl
{! Jeffrey<%K. Barton, Clerk
Acknowledgment by the Department of State of the State of Florida thisc� day of O(+, 2001.
Acknowledgment from the Department of State received on this day of )W, 2001, at
A.M.AFN& and filed in the office of the Clerk of the Board of County Commissioners of Indian River
County, Florida.
PF t AL
County Attorney
Page 4 Or 4
Director
cd\u\jw\lu\hammond 2001\luda ord.wpd
Chairman
Caroline
D. Ginn
Aye
Vice
-Chairman
Ruth
M.
Stanbridge
Aye
Commissioner
Fran
B. Adams
Absent
Commissioner
Kenneth
R.
Macht
AVP
Commissioner
Aye
John
W. Tippin
BOARD OF COUNTY COMMISSIONERS
OF INDIAN, RIVER COUNTY
Y'
Ak
BY:
Garoline.D: Ginn Cli°a'rman_ ,
a. ATTEST. B Cl
{! Jeffrey<%K. Barton, Clerk
Acknowledgment by the Department of State of the State of Florida thisc� day of O(+, 2001.
Acknowledgment from the Department of State received on this day of )W, 2001, at
A.M.AFN& and filed in the office of the Clerk of the Board of County Commissioners of Indian River
County, Florida.
PF t AL
County Attorney
Page 4 Or 4
Director
cd\u\jw\lu\hammond 2001\luda ord.wpd