HomeMy WebLinkAbout2007-004ORDINANCE NO. 2007- 004
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE
DESIGNATION FOR ±8.36 ACRES LOCATED WEST OF OLD DIXIE HWY AND NORTH OF
77' STREET, FROM L-2, LOW-DENSITY RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), TO C/I,
COMMERCIAL INDUSTRIAL; 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 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 January 11, 2007 after due public notice, and
WHEREAS, the Local Planning Agency voted 7 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 February 13, 2007 after advertising
pursuant to Chapter 163.3187(1)(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 as a small scale Future Land Use amendment, and the Board of County
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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. Amendments to the Comprehensive Plan
The land use designation of the following described property situated in Indian River County,
Florida to wit:
A PARCEL DESCRIBED AS FOLLOWS:
COMMENCE AT CONCRETE MONUMENT AT THE INTERSECTION OF THE NORTH
RIGHT OF WAY LINE OF HOBART ROAD AND THE WEST RIGHT OF WAY LINE OF F.E.C.
RAILROAD; THENCE NORTH 25°56'51" WEST ALONG SAID WEST RIGHT OF WAY LINE
OF F.E.C. RAILROAD, 222.41 FEET; THENCE DUE WEST ALONG THE NORTH LINE OF
HOBART ESTATES SUBDIVISION AS RECORDED IN PLAT BOOK 8, PAGE 20 OF THE
RECORDS OF INDIAN RIVER COUNTY, FLORIDA, 560.20 FEET TO THE POINT OF
BEGINNING; THENCE DUE NORTH, FOR 157.07 FEET TO A POINT; THENCE NORTH
25056'50" WEST FOR 368.14 FEET TO A POINT; THENCE NORTH 64°03'09" EAST FOR
435.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF THE
AFOREMENTIONED F.E.C. RAILROAD; THENCE NORTH 25°56'51" WEST FOR 458.27
FEET TO A POINT; THENCE SOUTH 89°55'08" WEST FOR 328.95 FEET TO A POINT;
THENCE SOUTH 00026'01" WEST FOR 1090.07 FEET TO A POINT ON THE NORTH LINE OF
THE AFOREMENTIONED HOBART ESTATES SUBDIVISION; THENCE DUE EAST FOR
307.64 FEET TO THE POINT OF BEGINNING.
CONTAINING 8.36 ACRES MORE OR LESS.
SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS, IF ANY.
SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA
is changed from L -2, Low Density Residential -2 (up to 6 units/acre), to C/I, Commercial Industrial, 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
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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
March 16, 2007. 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 Statues, whichever occurs earlier.
Approved and adopted by the Board of County Commissioners of IndianRiver County, Florida, on
this 13'h day of February 2007.
This ordinance was advertised in the Press -Journal on the 29th day of January, 2007, for a public
hearing to be held on the 13'h day of February, 2007, at which time it was moved for adoption by
Commissioner Bowden , seconded by Commissioner 0' Bryan , and adopted by the
following vote:
Gary C. Wheeler, Chairman Aye
Sandra L. Bowden, Vice Chairman Aye
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:
Ga . Wheeler, Chairman
ATTEST BY:
Jeffrey K. Barton, Clerk U
This ordinance was filed with the Department of State on the following date:
FEB 2 2 2007
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ORDINANCE NO. 2007- 004
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
Ro ert M. Keating, AI P; omm nity Develo ent Director
FACommunity DevelopmendUsers\LONG RANGE\CompPlan AmendmentASmall Scale AmendmentAUnited Indian River Packers LLQOrdinance LUDA United.doc
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