HomeMy WebLinkAbout2007-019ORDINANCE NO. 2007- p 1 g
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE
DESIGNATION FOR ±2.42 ACRES LOCATED EAST OF AIA AND 460 FEET NORTH OF
WICKLOW WAY, FROM L-1, LOW-DENSITY RESIDENTIAL -1 (UP TO 3 UNITS/ACRE), TO
C-1, CONSERVATION -1; 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 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 May 10, 2007 after due public notice, and
WHEREAS, the Local Planning Agency voted 4 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 June 19, 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 andTransmittal
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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ORDINANCE NO. 2007- 019
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. Amendment 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 LYING AND BEING IN SECTION 14, TOWNSHIP 31 SOUTH, RANGE
39 EAST, TALLAHASSEE BASE MERIDIAN, INDIAN RIVER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 2, SECTION 14,
TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY FLORIDA; THENCE,
BEARING NORTH 89'45'10" EAST, ALONG THE SOUTH LINE OF SAID GOVERNMENT
LOT 2, A DISTANCE OF 865.92 FEET TO THE EASTERLY RIGHT OF WAY LINE OF STATE
ROAD A -1-A, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF
WAY MAP SECTION NO. 88070-2102, DATED 10/21/57;THENCE, BEARING SOUTH
24'24'50" EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 591.63 FEET TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE,
LEAVING SAID RIGHT OF WAY LINE, BEARING NORTH 89'23'35" EAST, A DISTANCE OF
602.04 FEET TO A POINT ON THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN;
THENCE, BEARING SOUTH 24'21'26" EAST, ALONG SAID MEAN HIGH WATER LINE, A
DISTANCE OF 136.57 FEET TO A POINT; THENCE, LEAVING SAID MEAN HIGH WATER
LINE, BEARING SOUTH 89'23'35" WEST, A DISTANCE OF 601.90 FEET TO A POINT AT
THE SAID EASTERLY RIGHT OF WAY LINE OF STATE ROAD A -1-A. THENCE, BEARING
NORTH 24'24'50" WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 136.63 FEET
TO THE POINT OF BEGINNING;
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS AN AREA OF 75,246 SQUARE
FEET, OR 1.73 ACRES, MORE OR LESS;
AND
A PARCEL OF LAND LYING AND BEING IN SECTION 14, TOWNSHIP 31 SOUTH, RANGE
39 EAST, TALLAHASSEE BASE MERIDIAN, INDIAN RIVER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 2, SECTION 14,
TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY FLORIDA; THENCE,
BEARING NORTH 89'45'10" EAST, ALONG THE SOUTH LINE OF SAID GOVERNMENT
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ORDINANCE NO. 2007- 019
ROAD A -1-A, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF
WAY MAP SECTION NO. 88070-2102, DATED 10/21/57; THENCE, BEARING SOUTH
24'24'50" EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 536.98 FEET TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE,
LEAVING SAID RIGHT OF WAY LINE, BEARING NORTH 89'23'35" EAST, A DISTANCE OF
602.10 FEET TO A POINT ON THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN;
THENCE, BEARING SOUTH 24'21'26" EAST, ALONG SAID MEAN HIGH WATER LINE, A
DISTANCE OF 54.63 FEET TO A POINT; THENCE, LEAVING SAID MEAN HIGH WATER
LINE, BEARING SOUTH 89'23'35" WEST, A DISTANCE OF 602.04 FEET TO THE SAID
EASTERLY RIGHT OF WAY LINE OF STATE ROAD A -I -A; THENCE, BEARING NORTH
24'24'50" WEST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 54.65 FEET TO THE
POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS AN AREA OF 30,104 SQUARE
FEET, OR 0.69 ACRES, MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS AND
CONDITIONS CONTAINED WITHIN THE CHAIN OF TITLE, IF ANY.
is changed from L -1, Low Density Residential -I (up to 3 units/aere� to C-1, Conservation -1 (Zero Denstiy),
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 ofthis 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 fa- 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. Reversion to Original Designations
Pursuant to that certain Agreement, dated December 20, 2006, between the Board of Trustees of the
Internal ImprovementTrust Fund of the State of Florida, the Board of County Commissioners of Indian River
County, Florida, and Windsor Properties, a Florida General Partnership, the land use designation for the
subject parcel shall revert to its previous designation if the exchange of land contemplated in the Agreement
has not been accomplished within two years oftheeffective date of the amendment.
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ORDINANCE NO. 2007- 019
SECTION 6. Effective Date
Unless challenged, the effective date of this ordinance, and therefore, this plan amendment, shall be
July 20, 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 earler.
Approved and adopted by the Board cf County Commissioners oflndian River County, Florida, on
this 19`h day of June 2007.
This ordinance was advertised in the Press -Journal on the 4th day of June 2007, for a public
hearing to be held on the 19"' day of June, 2007, at which time it was moved for adoption by Commissioner
Davi s , seconded by Commissioner Bowden , and adopted by the following vote:
Gary C. Wheeler, Chairman Aye
Sandra L. Bowden, Vice Chairman Aye
Wesley S. Davis, Commissioner Aye
Peter D. O'Bryan, Commissioner Aye
Joseph E. Flescher, Commissioner Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
Ga C. Wheeler, Chairman
ATTEST BY: Q C
/'d R Jeffrey K. Barton,Jerk
This ordinance was filed with the Department of State on the following date: JUN 2 5 2007
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ORDINANCE NO. 2007- 019
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
t f I e C4
William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. eating, AICXComoun�ity 7Devepment Director
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