HomeMy WebLinkAbout2007-006ORDINANCE NO. 2007- 006
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE
DESIGNATION FOR ±8.36 ACRES LOCATED APPROXIMATELY 1700 FEET SOUTH OF
65TH STREET AND 800 FEET WEST OF OLD DIXIE HWY, FROM C/I, COMMERCIAL
INDUSTRIAL, TO L-1, LOW-DENSITY RESIDENTIAL -1 (UP TO 3 UNITS/ACRE); AND
PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Indian River County
Comprehensive Plan on February 111990, 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 January 11, 2007 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 Couny 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 February 13, 2007 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:
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 Future Land Use amendment, and the Board of County
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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 DESCRIBED AS FOLLOWS:
A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39
EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH 89 DEGREES 54
MINUTES 55 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SECTION 10, A
DISTANCE OF 706.24 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL OF LAND; THENCE NORTH 0 DEGREES 18 MINUTES 42 SECONDS EAST, A
DISTANCE OF 960.96 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 55 SECONDS
EAST, A DISTANCE OF 378.96 FEET; THENCE SOUTH 0 DEGREES 18 MINUTES 42
SECONDS WEST, A DISTANCE OF 960.96 FEET, TO A POINT ON THE SOUTH LINE OF
SAID SECTION 10; THENCE NORTH 89 DEGREES 54 MINUTES 55 SECONDS WEST,
ALONG THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 378.96 FEET TO THE
POINT OF BEGINNING;
SAID DESCRIBED PARCEL CONTAINING 8.36 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
is changed from C/I, Commercial Industrial, to L -1, Low Density Residential -1 (up to 3 units/acre), to 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 conflictwith the provisions of this ordinance are hereby repealed to the extent of
such conflict.
SECTION 4. Severabilitv
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
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ORDINANCE NO. 2007- 006
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
March 16, 2007. 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 Statues, whichever occurs earlier.
Approved and adopted by the Board of County Commissioners of IndianRiver County, Florida, on
this 13`h day of February 2007.
This ordinance was advertised in the Press -Journal on the 29th day of January, 2007, for a public
hearing to be held on the 13`h day of February, 2007, at which time it was moved for adoption by
Commissioner Bowden , seconded by Commissioner0' Bryan
,and adopted by the
following vote:
Gary C. Wheeler, Chairman Aye
Sandra L. Bowden, Vice Chairman Aye
Wesley S. Davis, Commissioner Awe
Peter D. O'Bryan, Commissioner Aye
Joseph E. Flescher, Commissioner Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
C. Wheeler, Chairman
ATTEST BY:
i -6,e, Jeffrey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date: FEB 2 2 2007
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AIC ; Com unity Devel pment Director
F:\CommunityDevelopmett\Users\LONG RANGE\CompPlan AmendmentslSmall Scale AmendmentsWnited Indian River Packers LLClordinartce LUDA HighPointe.doc
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