HomeMy WebLinkAbout2003-028ORDINANCE NO. 2003- 028
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE
LAND USE ELEMENT BY CHANGING THE LAND USE DESIGNATION FOR
APPROXIMATELY ±47 ACRES LOCATED AT THE NORTHWEST CORNER OF 41 ST
STREET (SOUTH GIFFORD ROAD) AND 43RD AVENUE FROM M-2, MEDIUM -DENSITY
RESIDENTIAL -2 (UP TO 10 UNITS/ACRE), TO PUB, PUBLIC; AND BY CHANGING THE
LAND USE DESIGNATION FOR 25.89 ACRES LOCATED SOUTH OF 41ST STREET
(SOUTH GIFFORD ROAD), AND APPROXIMATELY 1000 FEET EAST OF 43RD AVENUE
FROM C/I (COMMERCIAL/INDUSTRIAL), TO PUB, PUBLIC.
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 2003 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan
amendment request on May 8, 2003, 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 June 10, 2003, 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 no
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 June 24, 2003, pursuant to F.S.163.3184(4), and
WHEREAS, Indian River County received the concurrence letter dated July 30, 2003, from
the Florida Department of Community Affairs stating that the amendment does not require state
review, and
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WHEREAS, the Board of County Commissioners of Indian River County held a
Comprehensive Plan Amendment Adoption Public Hearing on September 2, 2003, 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
To the following described properties situated in Indian River County, Florida:
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SECTION 28, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST
GENERAL PLAT OF THE 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; NOW A PART OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA.
LESS AND EXCEPT THE EAST 55 FEET OF TRACT 1 AND TRACT 8, SECTION 28,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT
OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA IN PLAT BOOK 2,
PAGE25; NOW A PART OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA.
AND LESS THE NORTH 45 FEET OF THE SOUTH 85 FEET OF THE EAST 30 ACRES OF
TRACT 8, SECTION 28, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE
LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY FILED IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA IN
PLAT BOOK 2, PAGE25; NOW A PART OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA.
CONTAINING 35.8 ACRES, MORE OR LESS, SUBJECT TO ALL EASEMENTS,
RESTRICTIONS AND RESERVATIONS OF RECORD.
THE WEST 11.16 ACRES OF TRACT 8, ALL IN SECTION 28, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE 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 12; NOW A PART OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
Are changed from M-2, Medium Density Residential -2 (up to 10 units/acre), to PUB, Public, and
the Future Land Use Map is hereby revised accordingly.
THE WEST 20 ACRES OF TRACT 11, SECTION 27, TOWNSHIP 32 SOUTH, RANGE39
EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE OF THE
INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA IN PLAT BOOK 2, PAGE25;
EXCEPT, HOWEVER THE RIGHT OF WAY OF SOUTH GIFFORD ROAD. SAID LANDS
NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA
TOGETHER WITH THE EAST 10 ACRES OF TRACT 12, SECTION 27 TOWNSHIP 32
SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF
THE OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA IN PLAT BOOK 29
PAGE25;
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BEING A PORTION OF SECTION 27, TOWNSHIP 32 SOUTH, RANGE 39 EAST,
ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER
FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25 PUBLIC
RECORDS OF ST, LUCIE COUNTY, FLORIDA. BEING MORE FULLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF TRACT 11 AFORESAID SECTION 27:
THENCE RUN SOUTH 890 57' 32" EAST (BASIS OF BEARINGS) ALONG THE NORTH
LINE OF SAID TRACT 11, A DISTANCE OF 653.17 FEET; THENCE SOUTH 00° 19' 54"
WEST, A DISTANCE OF 60.00 FEET: THENCE NORTH 890 57' 32" WEST, A DISTANCE
OF 20.00 FEET TO THE POINT OF BEGINNING. SAID POINT ALSO BEING THE MOST
NORTHLY AND WESTERLY CORNER OF GATEWAY CENTER PHASE ONE
SUBDIVISION, AS RECORDED IN PLAT BOOK 12, PAGE 83 OF THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FLORIDA: THENCE CONTINUE NORTH 89° 57'32" WEST,
ORDINANCE NO. 2003- 028
A DISTANCE OF 510.00 FEET: 89° 57' 32" EAST, A DISTANCE OF 510.00 FEET: THENCE
NORTH 000 15' 31" EAST, A DISTANCE OF 235.00 FEET TO THE POINT OF BEGINNING,
ALL OF THE ABOVE LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
CONTAINING 25.89 ACRES MORE OR LESS, LESS RIGHTS-OF-WAY
Are changed from C/I, Commercial Industrial to PUB, Public, 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. 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 21 stday of August, 2003, for a
public hearing to be held on the 2nd day of September, 2003, at which time it was moved for
adoption by Commissioner Ginn , seconded by Commissioner
Neuberger , and adopted by the following vote:
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 21 stday of August, 2003, for a
public hearing to be held on the 2nd day of September, 2003, at which time it was moved for
adoption by Commissioner Ginn , seconded by Commissioner
Neuberger , and adopted by the following vote:
ORDINANCE NO, 2003-028
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER-CQTY
BY.
KennethW,Marh tChair a
ATTEST;BY '0
aj,: `"Je freyk. Barton, Cl(9k
Ac owledgment by the Department of State of the State of Florida this day of
2003.
Ackno edgment from the Department of State received on this f day of
2003, at A.M./P.M. and filed in the office of the Clerk of the
Board bf 6unty Commissioners of Indian River County, Florida.
William G. Collins II, County Attorney
Robert M. Keating, AICP;
Director
Chairman
Kenneth
R.
Macht
Aye
Vice -Chairman
Caroline
D.
Ginn Aye
Commissioner
Fran B.
Adams
AVe
Commissioner
Arthur
R. Neuberger
Aye
Commissioner
Thomas
S. Lowther
Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER-CQTY
BY.
KennethW,Marh tChair a
ATTEST;BY '0
aj,: `"Je freyk. Barton, Cl(9k
Ac owledgment by the Department of State of the State of Florida this day of
2003.
Ackno edgment from the Department of State received on this f day of
2003, at A.M./P.M. and filed in the office of the Clerk of the
Board bf 6unty Commissioners of Indian River County, Florida.
William G. Collins II, County Attorney
Robert M. Keating, AICP;
Director
• • , • /, I�
FACommunity Development\Users\LONG RANGE\CompPlan\LUDA\PUBLIC\LUDA Ordinance.doc