HomeMy WebLinkAbout2006-032ORDINANCE NO. 2006- 032
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND
USE MAP BY CHANGING THE LAND USE DESIGNATION FOR APPROXIMATELY 19.2 ACRES
LOCATED AT THE SOUTHEAST QUADRANT OF THE INTERSECTION OF 9TH STREET
SOUTHWEST AND 74TH AVENUE FROM AG -1, AGRICULTURAL -1 (UP TO 1 UNIT/5 ACRES),
TO C/1, COMMERCIAL INDUSTRIAL; AND TO REALIGN THE URBAN SERVICE BOUNDARY
TO INCLUDE SAID PROPERTY IN THE 9TH STREET SOUTHWEST AND 74TH AVENUE
COMMERCIAL/INDUSTRIAL NODE; 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 January
2006 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment
request on March 23, 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 May 2, 2006, after advertising pursuant to F.S. 163.3184(15)(b)1 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 May 15, 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
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ORDINANCE NO. 2006- 032
WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive
Plan Amendment Adoption Public Hearing on September 19, 2006, 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:
THE WEST/, OF TRACT 4, SECTION 30, TOWNSHIP 33 SOUTH, RANGE 39, ACCORDING TO
THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY FILED IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT
BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT
THE SOUTHERN MOST 81 FEET; SAID LAND NOW LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA. SUBJECT TO MARGINAL ACCESS EASEMENT RECORDED IN OFFICIAL
RECORDS BOOK 846, PAGE 682 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY.
CONTAINING 19.2 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
Is changed from AG -1, Agricultural -I (up to I unit/5 acres), to C/I, Commercial Industrial, and is added
to the Urban Service Area. 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.
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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. 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 4th day of September, 2006, for a
public hearing to be held on the 19`h day of September, 2006, at which time it was moved for adoption by
Commissioner Lowther seconded by Commissioner Bowden and
adopted by the following vote:
Arthur R. Neuberger, Chairman
Aye
Gary C. Wheeler, Vice Chairman
Nay _
Wesley S. Davis, Commissioner
—Nay _
Thomas S. Lowther, Commissioner
Aye
Sandra L. Bowden, Commissioner
Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: (2�,< -':�z Atte
Arthur R.'Neu f g r, Chairnn n
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ATTEST BY: got& U�.
/'-'o /?:, Jeffrey K. Barton, Clerk i
If -
Acknowledgment by the Department of State of the State of Florida this Z9 day of
2006, at A.M./P.M. and fled 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, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AICP; Comm�nity DevelopWnt Director
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