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Home My WebLink About2007-009ORDINANCE NO. 2007- 009 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR APPROXIMATELY 13.09 ACRES LOCATED 650 FEET NORTH OF 49TH STREET AND WEST OF LATERAL "H" CANAL, AND APPROXIMATELY 34.05 ACRES LOCATED 265 FEET NORTH OF 49TH STREET AND EAST OF LATERAL "H" CANAL, FROM L-2, LOW DENSITY RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), TO PUB, PUBLIC; 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 2006 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on September 14, 2006, 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 October 24, 2006, 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 with a request for review, 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 20, 2006, pursuant to F. S. 163.3184(4), and WHEREAS, the Florida Department of Community Affairs had no objections, recommendations, or comments concerning this amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive 1 of 5 ORDINANCE NO. 2007- 009 Plan Amendment Adoption Public Hearing on March 6, 2007, after advertising pursuant to F. S.163.3184(15)(b); 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 The following described property situated in Indian River County, Florida: THAT PART OF THE SOUTHWEST QUARTER OF NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING WEST OF THE WEST RIGHT-OF-WAY OF LATERAL `H' CANAL, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE RUN SOUTH ALONG THE QUARTER SECTION LINE A DISTANCE OF 550 FEET; THENCE RUN EAST AND PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF NORTHEAST QUARTER A DISTANCE OF 815.0 FEET; THENCE RUN SOUTH AND PARALLEL TO SAID QUARTER SECTION LINE A DISTANCE OF 85.0 FEET; THENCE RUN EAST AND PARALLEL TO SAID NORTH LINE A DISTANCE 120.0 FEET; THENCE RUN SOUTH AND PARALLEL TO SAID QUARTER SECTION LINE A DISTANCE OF 15.0 FEET; THENCE RUN EAST AND PARALLELS TO SAID NORTH LINE A DISTANCE OF 99.53 FEET TO THE WEST RIGHT-OF- WAY OF LATERAL `H' CANAL; THENCE RUN NORTHWESTERLY ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 653.23 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF NORTHEAST QUARTER; THENCE RUN WEST ALONG SAID NORTH LINE A DISTANCE OF 977.04 FEET TO THE SAID QUARTER SECTION LINE AND POINT OF BEGINNING. CONTAINING 570,250 SQUARE FEET OR 13.09 ACRES MORE OR LESS. TOGETHER WITH A 35 FOOT EASEMENT, BEING THE WEST 35 FEET OF THE SOUTHWEST QUARTER OF NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LESS THE NORTH 550 FEET THEREOF, FOR INGRESS, EGRESS AND UTILITIES. AND A PARCEL OF LAND 2of5 ORDINANCE NO. 2007- 009 COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST '/4 OF THE NORTHEAST '/4 OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE N. 00°21'55"W. ALONG THE WEST LINE OF THE SAID SOUTHEAST '/4 OF THE NORTHEAST 1/4, A DISTANCE OF 265.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N00°21'55"W ALONG SAID LINE, A DISTANCE OF 201.01 FEET; THENCE S. 89°38'22"W., A DISTANCE OF 84.22 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF 31sT AVENUE; THENCE N. 05°35'38"W ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 859.87 FEET TO AN INTERSECTION OF THE NORTH LINE OF THE SAID SOUTHEAST '/4 OF THE NORTHEAST '/4; THENCE S. 89°52'57"E ALONG SAID NORTH LINE., A DISTANCE OF 162.59 FEET TO AN INTERSECTION WITH THE SAID WEST LINE OF THE SOUTHEAST '/4 OF THE NORTHEAST '/4; THENCE CONTINUE S.89°52'57"E ALONG SAID LINE, A DISTANCE OF 1,323.56 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST '/4 OF THE NORTHEAST '/4; THENCE S 00° 12'54"E ALONG THE EAST LINE OF SAID SOUTHEAST '/4 OF THE NORTHEAST '/4., A DISTANCE OF 1,055.23 FEET; THENCE N. 89°59'33"W., A DISTANCE OF 365.74 FEET; THENCE N. 00°21'55"W., A DISTANCE OF 61.86 FEET; THENCE N. 89°59'33"W., A DISTANCE OF 290.40 FEET; THENCE S. 00°21'55"E., A DISTANCE OF 60.02 FEET; THENCE N. 89°59'33"W., A DISTANCE OF 664.64 FEET TO THE POINT OF BEGINNING. CONTAINING 1,483,224.24 SQUARE FEET OR 34.054 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. Is changed from L-2, Low Density Residential -2 (up to 6 units/acre), to PUB, Public. The Future Land Use Map is hereby revised accordingly. SECTION 3.Reoeal 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 3 of 5 ORDINANCE NO. 2007- 009 amendment in compliance with Section 163.3184(1)(b), Florida Statutes. 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 19thday of=FebruarY2007, for a public hearing to be held on the 6`h day of March, 2007, at which time it was moved for adoption by Commissioner 0' Bryan seconded by Commissioner Fl escher and adopted by the following vote: Gary C. Wheeler, Chairman Aye Sandra L. Bowden, Vice Chairman Absent 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: "4" � Gary heeler, Chairman ATTEST BY: �-•� C-wjeffrey K. Barton, Clerk l Acknowledgment by the Department of State of the State of Florida this 30 day of -(y\C"' 2007 Acknowledgment by the Department of State of the State of Florida this day of , 2007, at A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. 4 of 5 ORDINANCE NO. 2007- 009 APPROVED AS TO FORM AND LEGAL SUFFICIENCY 17 William G. Collins II, County Attorney AS TO PLANNING MATTERS AIM Com"ybunity Devefo-iment Director FACommunity DevelopmenWsers\LONG RANGBCompPlan AmendmentsVuly 2006 CPA\Utilities 2006TUDA Ordinance.doc 5 of 5 _Comprehensive Plan Exhibit A Future Land Use Element Policy 5.8: All Planned Development (PD) projects approved in any agriculturally designated area shall meet the following criteria: • The density of the project shall not exceed the maximum density of the underlying land use designation; no density transfers from off-site lands, and no density bonuses shall be permitted within PD projects in agriculturally designated areas; • Residential lots created through the PD process shall not be less than 1 acre with the remainder of the area designated as open space; • The open space shall be in contiguous areas and must be under the control of an appropriate entity and maintained in perpetuity, through an open space, recreation, conservation and/or agricultural preservation easement(s), to be created through Deed Restrictions, with infill prohibited; • Agricultural PDs shall implement Best Management Practices submitted to and approved by staff. • All recreational amenities shall be depicted on the PD plan; no recreational uses that could constitute a nuisance to adjacent properties shall be permitted. Community Development Department Indian River County 87.1 Supplement 9; Ord. 2007- , Adopted 3/6/2007