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Home My WebLink About2001-026ORDINANCE NO, 2001-026 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 ±15.46 ACRES LOCATED NEAR THE SOUTHEAST CORNER OF US 1 AND 53RD STREET, FROM M-1, MEDIUM -DENSITY RESIDENTIAL -1 (UP TO 8 UNITS/ACRE), TO C/I, COMMERCIAL/INDUSTRIAL; AND BY CHANGING THE LAND USE DESIGNATION FOR ±16.79 ACRES LOCATED ±1,550 FEET SOUTH OF 53RD STREET, ON THE EAST SIDE OF US 1, FROM C/I TO M -l; 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)I 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 5 ORDINANCE NO, 2001- 026 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 0 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. Amendments to the Comprehensive Plan The land use designation of the following described property situated in Indian River County, Florida to wit: A portion of the northwest one-quarter of Section 23, Township 32 South, Range 39 East, Indian River County, Florida, lying south of 53' Street, and being more particularly described as follows: Commence at the northwest corner of said Section 23, Township 32 South, Range 39 East and run South 89 degrees 58 minutes and 24 seconds East along the North line of the Northwest one-quarter of said Section 23, Township 32 South, Range 39 East a distance of 540.0 feet; then run South 0 degrees 01 minutes 13 seconds West a distance of 100.0 feet to the Point of Beginning of the herein described parcel; then run South 89 degrees 58 minutes 24 seconds East a distance of 798.93 feet to the East line of said Northwest one-quarter; then Run South 0 degrees 06 minutes 22 seconds East a distance of 561.24 feet; then run South 52 degrees 04 minutes 04 seconds West a distance of 210.35 feet; then run North 89 degrees 48 minutes 28 seconds West a distance of 117.0 feet; then run South 16 degrees 40 minutes 42 seconds West a distance of 370.0 feet; then run North 89 degrees 48 minutes 28 seconds West a distance of Page 2 of 5 ORDINANCE NO, 2001-026 208.32 feet to the Easterly right-of-way line of U.S. highway No. 1; then run North 19 degrees 05 minutes 57 seconds West along said Easterly right-of-way line a distance of 257.0 feet to the Point of Curvature of a curve concave to the Northeast having a radius of 17,128.75 feet, a central angle of 2 degrees 43 minutes 38 seconds; then along said curve for an arc distance of 815.31 feet; then run North 89 degrees 58 minutes 24 seconds East a distance of 129.87 feet; then run North 0 degrees 01 minutes 13 seconds E a distance of 25.0 feet to the Point of Beginning. Containing 15.46 acres, more or less. 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. The land use designation of the following described property situated in Indian River County, Florida to wit: A parcel of land lying in the Southeast 1/4 of the Northwest 1/4 of Section 23, Township 32 South, Range 39 East being more fully described as follows: Beginning at the southwestern most corner of the Fairways at Grand Harbor as recorded in Plat book 15, Page 50 of the Public Records of Indian River County, Florida; then North 0 degrees 06 minutes 09 seconds West, along the platted line of The Fairways, a distance of 696.41 feet; then North 89 degrees 42 minutes 10 seconds West, along the platted line of The Fairways, a distance of 70.00 feet; then North 0 degrees 06 minutes 09 seconds West, along the platted line of The Fairways, a distance of 470.67 feet; then leaving the platted line of The Fairways, South 89 degrees 45 minutes 49 seconds East, a distance of 537.70 feet; then North 59 degrees 05 minutes 56 seconds East, a distance of 186.65 feet to a point of non tangent curve located on the west right-of-way line of Indian River Boulevard; then along a curve to the left on said west right- of-way line, which radius bears North 59 degrees 49 minutes 14 seconds East having a delta of 0 degrees 55 minutes 19 seconds a radius of 2,000.00 feet an arc length of 32.18 feet to a point of compound curve; then along a curve to the left having a delta of 06 degrees 42 minutes 16 seconds a radius of 3,965.97 feet an arc length of 464.07 feet; then South 04 degrees 54 minutes 28 seconds West, a distance of 61.36 feet to the southerly platted line of The Fairways; then South 46 degrees 22 minutes 29 seconds West, along said platted line, a distance of 1145.39 feet; then North 89 degrees 38 minutes 09 seconds West, along said platted line, a distance of 70.20 feet to the POINT OF BEGINNING. Containing 731,808.00 square feet or 16.80 acres, more or less. Subject to all easements, restrictions and reservations of record. Is changed from CA, Commercial/ Industrial, to M-1, Medium -Density Residential -1 (up to 8 units/acre), and the Future Land Use Map is hereby revised accordingly. Page 3 of 5 ORDINANCE NO, 2001- 026 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 4 of 5 ORDINANCE NO. 2001-026 This ordinance was advertised in the Press -Journal on the 3`d 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: Chairman Caroline D. Ginn Aye Vice -Chairman Ruth M. Stanbridge Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye BOARD OF COUNTY COMMISSIONERS OF _INDIAN. ; RIVER COUNTY A4 10 Caroline D. Ginn, Cha man ATTEST B C f 44 Jeffrey K: Barton, Clerk f r .. Acknowledgment by the'Department of State of the State of Florida this��day of , 2001. { f Acknowledgment from the Department of State received on this day of, 2001, at A.M./1. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. ':: ;::;?;i W&6tevIA) County Attorney Page 5 of 5 Director Inlion Rlvw cn Approved Adm --mi _ Legal Budget Dep t. i Risk Mgr, Oaie cd\u\jw\lu\lutherfairways\luda ord.wpd