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ORDINANCE NO, 2002-011
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE
LAND USE MAP OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE
PLAN BY CHANGING THE LAND USE DESIGNATION FOR 142 ACRES LOCATED AT
THE NORTHEAST CORNER OF 85TH STREET, AND 90TH AVENUE FROM R TO L-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 county received comprehensive plan amendment applications during its July
2001 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan
amendment request on September 27, 2001, after due public notice, and
WHEREAS, the Local Planning Agency made a recommendation regarding this
comprehensive plan amendment to the Board of County Commissioners, and
WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal
Public Hearing on November 13, 2001, after advertising pursuant to F.S. 163.3184(15)(b)l and
(c), and
WHEREAS, the Board of County Commissioners approved the transmittal of this
comprehensive plan amendment to the Florida Department of Community Affairs for their
review and comment, and
WHEREAS, the Board of County Commissioners announced at the transmittal public hearing
its intention to hold and advertise a final public hearing at the adoption stage of this= plan
amendment, and
WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan
Amendment on November 26, 2001, for the State review pursuant to F. S. 163.3184(4), and
WHEREAS, Indian River County received the Objections, Recommendations, and Comments
(ORC) Report from the Florida Department of Community Affairs on February 4, 2002, and
WHEREAS, the ORC Report contained no objections or comments regarding this
ORDINANCE NO, 2002- 011
Comprehensive Plan Amendment, and
WHEREAS, the Board of County Commissioners of Indian River County held a
Comprehensive Plan Amendment Adoption Public Hearing on March 19, 20021 after
advertising pursuant to Chapter 163.3184(15)(b)2 and (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, and three (3) copies are directed to be transmitted to the State of Florida
Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure
Coast Regional Planning Council,
SECTION 2. Amendments to the Comprehensive Plan
With respect to the following described properties situated in Indian River County, Florida to
wit:
THE EAST 89.19 ACRES OF THE SOUTHWEST '/4 OF SECTION 26, TOWNSHIP 31
SOUTH, RANGE 38 EAST. SAID PARCEL LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA. LESS RIGHTS OF WAY AND EASEMENTS OF RECORD.
THE WEST 38.31 ACRES OF THE EAST 127.5 ACRES OF THE SOUTHWEST 1/4 OF
SECTION 26, TOWNSHIP 31 SOUTH, RANGE 38 EAST. SAID PARCEL LYING
AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS RIGHTS OF WAY
AND EASEMENTS OF RECORD,
THE WEST 17.60 ACRES OF THE EAST 145.1 ACRES OF THE SOUTHWEST 1/4 OF
SECTION 26, TOWNSHIP 31 SOUTH, RANGE 38 EAST. SAID PARCEL LYING
AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS RIGHTS OF WAY
AND EASEMENTS OF RECORD,
are changed from R, Rural Residential (up to 1 unit/acre) to L-1, Low -Density
Residential -1 (up to 3 units/acre), and the Future Land Use Map is hereby revised
accordingly.
3W
ORDINANCE NO, 2002- 011
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
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(1)(b), Florida Statutes, whichever
occurs earlier. No development orders, development permits, or land uses dependent on this
amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless
be made effective by adoption at a public meeting after public notice of a resolution affirming its
effective status, a copy of which resolution shall be sent to the Florida Department of
Community Affairs, Division of Resource Planning and Management, Plan Processing Team.
This ordinance was advertised in the Press -Journal on the 6h day of March, 2002, for a
public hearing to be held on the 19`" day of March, 2002, at which time it was moved for
adoption by Commissioner Adams seconded by Commissioner Ginn
, and adopted by the following vote:
�a
Aye
Vice
-Chairman
John
W.
Tippin
AVP
Commissioner
Fran B.
Adams
Aye
-
Commissioner
Kenneth
R.
Macht pin
Commissioner
Caroline
D.
Ginn Ave
A
I �V, 4
ORDINANCE NO, 2002- 011
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVERCOUNTY J
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Ruth M Stanbridge, Cha i mai "
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ATTESIT .B
Jeffrey KBarton`Clerk
Ac knowledgmentt�by the D'epartment of State of the State of Florida this day of
20020 4
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Acknowledgment :from the Department of State received on this day of 2002, at
A.M,/I and filed in the office of the Clerk of the Board of County Commissioners of Indian
River County, Florida.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, Deputy County Attorney
Director
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