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Home My WebLink About2002-014ORDINANCE NO. 2002- 014 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 88.5 ACRES LOCATED ON THE EAST SIDE OF US 1, WEST OF INDIAN RIVER LAGOON ON THE NORTH SIDE OF THE SAINT LUCIE COUNTY LINE, FROM L-2 AND C-2 TO C -l; BY CHANGING THE LAND USE DESIGNATION FOR 66 ACRES LOCATED ON THE SOUTH SIDE OF 9TH STREET S.W. EAST OF US 1, FROM L-2 TO C-1; BY CHANGING THE LAND USE DESIGNATION FOR 59.5 ACRES, LOCATED ON THE WEST SIDE OF SR AlA, SOUTH OF ROUND ISLAND PARK, FROM C-2 TO C-1; BY CHANGING THE LAND USE DESIGNATION FOR 19 ACRES LOCATED ON THE SOUTH END OF 130TH STREET RIGHT OF WAY WEST OF THE FEC RAILWAY, FROM L-2 TO C -l; AND BY CHANGING THE LAND USE DESIGNATION FOR 1.5 ACRES LOCATED ON THE EAST SIDE OF SR AlA ALONG THE NORTH BORDER OF GOLDEN SANDS PARK, FROM L-1 TO C-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 ORDINANCE NO, 2002- 014 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 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, 20025 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: TRACT `B' (CONSERVATION) ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14 PAGE 71 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA SAID LANDS LYING IN INDIAN RIVER COUNTY, FLORIDA. SOUTHEAST QUARTER OF SOUTHEAST QUARTER LYING EAST OF EAST RIGHT OF WAY OF US NO 1 EXCEPT THAT PART AS SHOWN ON PLAT OF VERO BEACH SHORES UNIT 1 AND ALSO LESS THAT PORTION OF OR BOOK 1212 PAGE 882. S m THAT PORTION OF THE SOUTHEAST '/4 OF THE SOUTHEAST '/4 OF SECTION 31 TOWNSHIP 33 SOUTH RANGE 40 EAST LYING EASTERLY OF THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO, 1 AND THE EASTERLY RIGHT OF WAY LINE OF FLORIDA EAST COAST RAILROAD AND SOUTHERLY OF THE PLAT OF VERO SHORES -UNIT ONE AS RECORDED IN PLAT BOOK 5 PAGE 52 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA TOGETHER WITH THAT PORTION OF SECTION 32, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN RIVER COUNTY, FLORIDA LYING SOUTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTH LINE OF LOT 1 BLOCK 15 SAID PLAT OF VERO SHORES—UNIT ONE. LESS AND EXCEPT THE FOLLOWING: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6 BLOCK 12 VERO SHORES—UNIT ONE AS RECORDED IN PLAT BOOK 5 PAGE 52 IN THE CLERK OF THE CIRCUIT COURT'S OFFICE OF INDIAN RIVER COUNTY, FLORIDA, THENCE FOLLOWING ALONG THE VARIOUS COURSES ON THE SOUTH SIDE OF SAID PLAT BOUNDARY SOUTH 890 15'36" EAST FOR 635.00 FEET, THENCE SOUTH 000 44' 24" WEST FOR 15.00 FEET, THENCE SOUTH 890 15' 36" EAST FOR 93.79 FEET, THENCE SOUTH 440 15' 25" EAST FOR 44.14 FEET, THENCE NORTH 450 44'24" EAST FOR 30.00 FEET, THENCE SOUTH 890 15' 36" EAST FOR 37.58 FEET, THENCE SOUTH 440 15'36" EAST FOR 30.00 FEET, THENCE NORTH 450 44' 13" EAST FOR 44.14 FEET, THENCE SOUTH 890 15'36" EAST FOR 247.58 FEET, THENCE SOUTH 440 15125" EAST FOR 44.14 FEET, THENCE NORTH 450 44' 24" EAST FOR 30.00 FEET, THENCE SOUTH 890 15' 36" EAST FOR 37.58 FEET, THENCE SOUTH 440 1513611 EAST FOR 30.00 FEET, THENCE NORTH 450 44'13" EAST FOR 44.14 FEET, THENCE SOUTH 890 15136" EAST FOR 93.79 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 15 OF SAID PLAT THENCE CONTINUE SOUTH 890 15'36" EAST FOR 425.00 FEET THENCE SOUTH 000 44' 24" WEST FOR 630.00 FEET, THENCE NORTH 890 15' 36" WEST FOR 1,780.00 FEET, THENCE NORTH 000 4412411 EAST FOR 645.00 FEET TO THE PLACE AND POINT OF BEGINNING. Are changed from L-2, Low -Density Residential -2 (up to 6 units/acre), and C-2, Privately Owned Conservation -2 (up to 1 unit/40 acres), to C-1, Publicly Owned Conservation -1 (zero density), and the Future Land Use Map is hereby revised accordingly. THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN RIVER COUNTY, FLORIDA; 141 V 1i-VIlL\11.:1\ Vl Jl'L1�11V1V JV, LL:JJ ti1VL I- kl r,r 111141] IF1Z 0 U117 VOV r Z f I THEREOF; THE WEST 1450 FEET OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SECTION 30, TOWNSHIP 33 SOUTH, RANGE 40 EAST; LESS AND EXCEPTING THE SOUTH 680 FEET THEREOF. LESS AND EXCEPTING DITCH RIGHT OF WAY AS RECORDED IN DEED BOOK 83, PAGE 49, PUBLIC RECORDS OF INDIAN RIVER COUNTY, AND ALL LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. Are changed from L-2, Low -Density Residential -2 (up to 6 units/acre), to C-1, Publicly Owned Conservation -1 (zero density), and the Future Land Use Map is hereby revised accordingly. THAT PART OF LOTS 175 185 19, 20, 215 22, 23 AND 24, KANSAS CITY COLONY, LYING WEST OF THE WEST RIGHT OF WAY ROAD A -1-A, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 23, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. Are changed from C-2, Privately Owned Conservation -2 (up to 1 unit/40 acres), to C-1, Publicly Owned Conservation -1 (zero density), and the Future Land Use Map is hereby revised accordingly. LOTS 3 AND 4, A.A. BERRY'S SUBDIVISION OF SECTION 30, OF FLEMING GRANT, REVISED FROM CARTER SURVEY, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 2, PAGE 14, PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA, NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. Are changed from L-2, Low -Density Residential -2 (up to 6 units/acre), to C-1, Publicly Owned Conservation -1 (zero density), and the Future Land Use Map is hereby revised accordingly. THE SOUTH 300 FEET OF THE NORTH 600 FEET OF GOVERNMENT LOT 23 SECTION 14, TOWNSHIP 31 SOUTH, RANGE 39 EAST LYING EAST OF SR A -1- A, LESS AND EXCEPT THE SOUTH 200 FEET THEREOF. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. ORDINANCE NO. 2002-014 Is changed from L4, Low -Density Residential -1 (up to 3 units/acre), to C-1, Publicly Owned Conservation -1 (zero density), and the Future Land Use Map is hereby revised accordingly. 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. 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 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 6`h day of March, 2002, for a public hearing to be held on the 19`h day of March, 2002, at which time it was moved for adoption by Commissioner Adams seconded by Commissioner Macht , and adopted by the following vote: Chairman 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. 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 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 6`h day of March, 2002, for a public hearing to be held on the 19`h day of March, 2002, at which time it was moved for adoption by Commissioner Adams seconded by Commissioner Macht , and adopted by the following vote: Chairman Ruth M. Stanbridge Aye Vice -Chairman John W. Tippin Aye Commissioner - Fran B. Adams Aye Commissioner Kenneth R. Macht Aye Commissioner Caroline D. Ginn Aye s ' ORDINANCE NO. 2002- 014 BOARD OF COUNTY.COMMISSIONERS r,., OF INDIAN RIVER COUNTY INV, i NO I -. . Ruth MIN Stanbridge, Chairti, 1'` INII ON 6 rNO P ONION 44 ATTEST B . ' C =; Jeff reyk'K: Barton; Cl NOrltycrt , Acknowledgment by the; Department of State of the State of Florida this day of� 2002. K Acknowledgment' from the Department of State received on this day of ( ! 2002, at �► ' oti A.M./ and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. William G. Collins II, Deputy County Attorney cd\u\jw\lu\ci trans Nuda ordIDOC Director