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Home My WebLink About2008-019ORDINANCE NO. 2008- 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 ± .075 ACRES LOCATED NORTH OF 67TH S 1 RE,F.,T AND APPROXIMATELY 140 FEET EAST OF US. 1 FROM, L-1 LOW DENSITY RESIDENTIAL -1 (UP TO 3 UNITS PER ACRE), TO C/I, COMMERCIAL/INDUSTRIAL; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WI-IEREAS, 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 November 13, 2008 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 December 9, 2008 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: F`\Community Development\Users\LONG RANGE\CompPlan Amendments\Small Scale Amendments\Realtors USI Office\Ordinance LUDA.doc Page 1 of 4 ORDINANCE NO. 2008- 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 ± .075 ACRES LOCATED NORTH OF 67TH S 1 RE,F.,T AND APPROXIMATELY 140 FEET EAST OF US. 1 FROM, L-1 LOW DENSITY RESIDENTIAL -1 (UP TO 3 UNITS PER ACRE), TO C/I, COMMERCIAL/INDUSTRIAL; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WI-IEREAS, 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 November 13, 2008 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 December 9, 2008 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: F`\Community Development\Users\LONG RANGE\CompPlan Amendments\Small Scale Amendments\Realtors USI Office\Ordinance LUDA.doc Page 1 of 4 ORDINANCE NO. 2008- 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: A PARCEL OF LAND BEING A POR I ION OF LOT 12, BLOCK 4, PLAT OF JENNINGS ADDI CION TO QUAY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 15 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 12, BLOCK 4, PLAT OF JENNINGS ADDITION TO QUAY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED 1\ PLAT BOOK 4, PAGE 15 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE ALONG THE WES LINE OF SAID BLOCK 4 \ORTH 00 00' 57" WES h A DISTANCE OF 10.00 FEET; THENCE PROCEED SOUTH 89 44 56" EAST A DIS 1 ANCE OF 140.00 FEET TO THE WEST LINE OF THE WEST 10.18 ACRES OF THE EAST 20.38 ACRES OF I HE NORTHWES"I QUARTER OF THE NORTHEAST QUARTER OF SEC TION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE PROCEED NORTH 00 00 57' WEST ALONG SAID WES LINE A DISTANCE OF 188.10 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF QUAY DOCK ROAD; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 69 07' 49" EAST A DIS VANCE OF 18.92 FEET THENCE PROCEED SOUTH 00 00' 57' EAST A DISTANCE OF 181.44 FEET; THENCE PROCEED NOR FH 89 44 56" WEST A DISTANCE OF 17.68 FEET TO THE POINT OF BEGINNING. CONTAINING 0.075 ACRES PLUS OR MINUS. SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS, IF ANY. SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA I7:AConmmunity Development \ Users \LONG RANGE\CompPlan Amendments\Small Scale Amendments\Realtors US1 OfficeAOrdinance LUDA.doc Page 2 of 4 ORDINANCE NO. 2008- 019 is changed from L-1, Low Density Residential -1 (up to 3 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. SEC I ION 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 January 9, 2009. 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 9th_ day of December 2008. This ordinance was advertised in the Press -Journal on the 24t11 day of November, 2008 for a public hearing to be held on the 9th day of December, 2008, at which time it was moved for adoption by Commissioner 0' Bryan , seconded by Commissioner ttiheel er , and adopted by the following vote: Wesley S Davis, Chairman AYE Joseph E. Flescher, Vice Chairman AYE Gary C. Wheeler, Commissioner AYE Peter D. 0 -Bryan, Commissioner AYE Bob Solari, Commissioner AYE P:ACommunity Development\Users\LONG RANGE.\CompPlan Amendments\Small Scale Amendments\Realtors US 1 Orrice\Ordinance LUDA.doc Page 3 of 4 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Wesley S.D.avi.s, Chairman ATTEST BY: // ' C • E'-: Mary Louise Scheidt, Clerk, Ad Interim This ordinance was filed with the Department of State on the following date: pec (2- / 2L6& APPROVED AS TO FORM AND LEGAL SUFFICIENCY William 0. Collins 11 Cont y Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, A1CP; Com unity Dev lopment Director I \community DevelopmentAUsers\LONG RANGE\CompPlan Amendmei is\Small Scale Amenclments\Realtors USI Office\Ordinance LUDA.doc Page 4 of 4