HomeMy WebLinkAbout2005-018ORDINANCE NO. 2005- 018
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND
USE MAP BY CHANGING THE LAND USE DESIGNATION FOR APPROXIMATELY 2.61
ACRES LOCATED EAST OF INDIAN RIVER DRIVE AND APPROXIMATELY 650 FEET
NORTH OF THE INTERSECTION OF US HIGHWAY # 1 AND INDIAN RIVER DRIVE FROM
CI, COMMERCIAL INDUSTRIAL, TO C-1, CONSERVATION (0 UNITS/ACRE); AND BY
CHANGING THE LAND USE DESIGNATION FOR APPROXIMATELY 6.69 ACRES
LOCATED SOUTH OF OSLO ROAD, AND APPROXIMATELY 600 FEET EAST OF U.S.
HIGHWAY #1, ADJACENT TO THE OSLO RIVERFRONT CONSERVATION AREA AND
SOUTH OSLO CONSERVATION AREA FROM L-2, LOW DENSITY RESIDENTIAL -2 (UP TO
6 UNITS/ACRE) TO C-1, CONSERVATION (0 UNITS/ACRE) AND PROVIDING
CODIFICATION, SEVERABILITY, AND EFFECTIVE DAL
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 April 14, 2005, after due public notice, and
WHEREAS, the Local Planning Agency voted 6 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 May 24, 2005, after
advertising pursuant to Chapter 163.3187(1)(c), FS and Chapter 1-25.66(4), FS;
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NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners = _:
of Indian River County, Florida, that:
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ORDINANCE NO. 2005- 018
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. Amendment to the Comprehensive Plan
The land use designation of the following described property situated in Indian River
County, Florida to wit:
LOT 1 OF THE KROEGEL HOMESTEAD, IN SECTION 08, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, AS RECORDED IN PLAT BOOK 8, PAGE 83 OF THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT ALL RIGHT-OF-WAY AND
EASEMENTS
CONTAINING 2.61 ACRES, MORE OR LESS.
SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA
is changed from C/I, Commercial Industrial, to C-1, Conservation (0 units/acre) and the
Future Land Use Map is hereby revised accordingly.
AND
A PARCEL OF LAND IN INDIAN RIVER COUNTY MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT A POINT WHICH IS 335.765 FEET SOUTH OF THE NORTHEAST CORNER
OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 33 SOUTH, RANGE 40
EAST; FROM THENCE RUN SOUTH 335.765 FEET; THENCE RUN WEST 1791.5 FEET TO A
POINT ON THE EAST LINE OF THE RIGHT-OF-WAY OF THE FLORIDA EAST COAST
RAILWAY; FROM THENCE RUN NORTHERLY 350.5 FEET ALONG THE EAST LINE OF
THE SAID RAILWAY RIGHT -OF -W A Y TO THE SOUTH LINE OF THE SAID G.W.M.
HACKNEY; THENCE RUN EAST WITH THE SAID G.W.M. HACKNEY LINE, 1881 FEET TO
THE POINT OF BEGINNING, A PLANTED STONE BETWEEN SAID G. W.M HACKNEY
AND S.H. WRIGHT, THE FOREGOING LAND BEING PARTLY IN THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 30 AND PARTLY IN THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 30, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN RIVER
COUNTY, FLORIDA.
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ORDINANCE NO. 2005- 018
LESS AND EXCEPTING THEREFROM, HOWEVER, THE RIGHT-OF-WAY CONVEYED TO
STATE ROAD DEPARTMENT OF FLORIDA, A BODY CORPORATE, BY DEED DATED
SEPTEMBER 29, 1926 AND RECORDED IN DEED BOOK 13, PAGE 232, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND BY DEED RECORDED IN DEED
BOOK 84, PAGE 247, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
ALSO, LESS AND EXCEPTING, THE WESTERLY 600 FEET OF THE FOREGOING PARCEL
LYING EASTERLY OF U.S. HIGHWAY NO. 1, CONVEYED IN OFFICIAL RECORDS BOOK
737, PAGE 1665 AND IN OFFICIAL RECORDS BOOK 850, PAGE 1312, ALL OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
TOGETHER WITH A 10 FOOT EASEMENT OVER THE SOUTH 10 FEET OF THE
WESTERLY 600 FEET, AS RESERVED BY INSTRUMENT RECORDED IN OFFICIAL
RECORDS BOOK 737, PAGE 1665, OF THE AFORESAID PUBLIC RECORDS.
ALSO, LESS AND EXCEPT ALL PROPERTY LYING WESTERLY OF US HWY I
PREVIOUSLY CONVEYED TO ELMER'S TRADING POST, INC. BY DEED RECORDED IN
OR BOOK 734, PAGE 2487, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
AND
COMMENCING AT A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 30, TOWNSHIP 33 SOUTH, RANGE 40 EAST, WHERE SAID NORTH LINE IS
INTERSECTED BY THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1, ALSO
KNOWN AS FLORIDA STATE ROAD NO.5, AS THE SAME EXISTED ON JANUARY 25,1961
AND FROM SAID POINT RUN EAST ON SAID NORTH SECTION LINE, A DISTANCE OF
842.3 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH ON A LINE PARALLEL
TO THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 335.76 FEET;
THENCE RUN EAST ON A LINE PARALLEL TO THE NORTH LINE OF SAID NORTHWEST
QUARTER, A DISTANCE OF 171.2 FEET; THENCE RUN NORTH ON A LINE PARALLEL TO
THE EAST LINE OF SAID NORTHWEST QUARTER TO THE NORTH LINE OF SAID
NORTHWEST QUARTER; THENCE RUN WEST ON THE NORTH LINE OF SAID
NORTHWEST QUARTER TO THE POINT OF BEGINNING; SAID LAND LYING AND BEING
IN INDIAN RIVER COUNTY, FLORIDA. (AS CONVEYED TO GRANTORS BY MARGARET
LOUISE LUM BY DEED RECORDED IN OFFICIAL RECORDS BOOK 568, PAGE 517).
SUBJECT TO RIGHT-OF-WAY FOR OSLO ROAD (A/K/A 9TH STREET S.W.), AS
RECORDED BY DEED TO THE COUNTY IN THE OFFICIAL RECORDS.
CONTAINING 6.69 ACRES, MORE OR LESS.
SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA
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ORDINANCE NO. 2005- 018
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is changed from L-2, Low Density Residential -2 (up to 6 units/acre), to C-1, Conservation (0
units/acre), 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.
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
Unless challenged, the effective date of this ordinance, and therefore this plan
amendment, shall be upon filing with the Department of State. 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.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 24`h day of May, 2005.
This ordinance was advertised in the Press -Journal on the=9th day of May, 2005 for a
public hearing to be held on the 24t day of May, 2005, at which time it was moved for adoption by
Commissioner Davis , seconded by Commissioner__N.e„nnrger , and adopted
by the following vote:
Thomas S. Lowther, Chairman Aye
Arthur R. Neuberger, Vice Chairman Aye
Wesley S Davis, Commissioner Aye
Gary C. Wheeler, Commissioner Aye
Sandra L. Bowden, Commissioner Aye
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ORDINANCE NO. 2005. 018
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Thomas S Lowther, Chairman
BCC Approved: May 24, 2005
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ATTEST BY :� :�',_ �� C r
Jeffrey K. Barton,. Clerk
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• This ordinance was filed with the Department of State on the following date: SUN 0 2005
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
'William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AICP; Community Delopment Director
F:\Community Development\UseS\LONG RANGE\CompPlan\Jan 2005 amendments\FLUM Conservation\LUDA Ordinance.doc
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