The URL can be used to link to this page

Home My WebLink About2007-018ORDINANCE NO. 2007- 018 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR ±6.76 ACRES LOCATED EAST OF AIA AND 1830 FEET SOUTH OF HAMMOCK WAY, FROM L-1, LOW-DENSITY RESIDENTIAL -1 (UP TO 3 UNITS/ACRE), TO REC, RECREATION; 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 Amend mentmeets 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 and Traismittal 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 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. Page] of 4 ORDINANCE NO. 2007- 018 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 89045'10" EAST, ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 2, A DISTANCE OF 865.92 FEET TO A POINT ON 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, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE, LEAVING SAID RIGHT OF WAY LINE OF STATE ROAD A -1-A, BEARING NORTH 89045'10" EAST, A DISTANCE OF 604.36 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 587.23 FEET TO A POINT; THENCE, LEAVING SAID MEAN HIGH WATER LINE, BEARING SOUTH 89023'35" WEST, A DISTANCE OF 602.04 FEET TO A POINT ON THE AFORESAID EASTERLY RIGHT OF WAY LINE OF STATE ROAD A -1-A; THENCE, BEARING NORTH 24°24'50" WEST, ALONG AFORESAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 591.63 FEET TO THE POINT OF BEGINNING. LESS .69 ACRES AS DESCRIBED BELOW 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 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; Page 2 of 4 ORDINANCE NO. 2007- 018 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 -1-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 294,465 SQUARE FEET, OR 6.76 ACRES, MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS AND CONDITIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. is changed from L -1, Low Density Residential -1 (up to 3 un its/acrel to REC, Recreation, 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 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 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. 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 of the effective date of the amendment. 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, whiclrver occurs earlier. Approved and adopted by the Board of County Commissionersof Indian River County, Florida, on this 19`x' day of June 2007. Page 3 of 4 ORDINANCE NO. 2007- 018 This ordinance was advertised in the Press -Journal on the 4th day of June 2007, for a public hearing to be held on the 19t1i 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:61., j 4GC. Wheeler, Chairman ATTEST BY:_p�( ron Jeffrey K. Barton, Clerk /1 This ordinance was filed with the Departmert of State on the following date: JUN 2 5 2007 APPROVED AS TO FORM AND LEGAL SUFFICIENCY �/� (4� William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS C Robert . Keating, AICP�Aommun' y Development irector F:\Comm unity Development\Users\LONG RANGE\CompPlan Amendment'iSmil I Scale Ain endmentsMndsor-Golden San ds\Ordinances\Ordinance LUDA parcel 3.doc Page 4 of 4