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HomeMy WebLinkAbout1991-35ORDINANCE NO. 91- 35 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN AND THE ACCOMPANYING FUTURE LAND USE MAP BY RECONFIGURING THE OSLO ROAD/27TH AVENUE COMMERCIAL NODE AND AMENDING THE LAND USE DESIGNATION FROM L-2 TO C/I, AND PROVIDING FOR CODIFICATION, REPEAL OF CONFLICTING PROVISIONS, SEVERABILITY AND EFFECTIVE DATE. -----WHE REA°&,-the-Board-of---County Camm}s-s3-0ner-s-adapted-the—I-nd-ian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the County received comprehensive plan amendment applications during its July-, 1990 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on November 15, 1990, after due public notice, and WHEREAS, the Local Planning Agency recommended denial of 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 December 11, 1990, after advertising pursuant to F. 9.163.3184(15)(b)(1) and (c), and -WHEREAS, the -Board --of Caunty Commissiorrers 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 trsmittal-public-haarinq 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 December 19, 1990, 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 April 22, 1991, and WHEREAS, Indian River County revised the data,,.and analysis supporting this comprehensive plan amendment in response to the ORC report pursuant to F.S. 163.3184(7), and WHEREAS, the Board of County Commissioners of Indian River County --held its-Compretensive Plan-Amendme-nt-Adapt-ion-Puhlic SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:21:00 - OffcialDocuments:633, Attachment Id 0, Page 1 SmeadSoft Reprint Date: Friday, August 23, 2013 - 1 ORDINANCE NO 91- 35 Hearing on June 18, 1991, after advertising pursuant to F.S.163.3184(15)(b)(2) and (c); 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 This amendment to the Indian River County Comprehensive Plan is hereby adopted, and five (5) copies are directed to be transmitted to the State of Florida Department of Community Affairs. SECTION 2. Amendment to the Comprehensive Plan o The land use designation of the following described property situated in Indian River County, Florida, to - wit: The--North-6-01-.-36 feet--a#—the South--73L.-3b feet -of -the -West 10.68 acres of Tract 16, Section 22, Township 33 South, Range 39 Past, Accordinq tn the last qeneral plat of lands of the Indian River -Farm's Company Subdivision filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2; Page 25, said lands now lying and being in Indian River County, Florida. Is changed from L-2,Low-DensityR_esiae�lal-�up to 6 units acre to C/I, Commercial/Industrial Node; and: D The Future.Land Use Map is hereby revised accordingly SECTION 3. Codification The -previsions of this ordinance shall bp incorporat the County Code and the word "ordinance" may be changed to "section" "article" or other appropriate word and the sections of the ordinance may be renumbered or relettered to accomplish such intentions. SECTION 4. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board ofCounty Commissioners of Indian River County,—lorida-which conflict with the provisions of this ordinance are hereby repealed to the. extent of such conflict, All special actS of the legislature applying only to the unincorporated portion of Indian River County and which conflict. with the provisions of this ordinance ate hereby repealed to the extent of such conflict. SECTION 5. 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 Amendments are 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. ?:21:01 - OfficialDocuments:03, Attachment Id 0, Page 2 ORDINANCE NO. 91- 35 SECTION 6. Effective Date This ordinance shall become effective upon adoption pursuant to F.S.163.3194. Approved and adopted by the Board of County Commissioners of indi-an—Ri-ver—Countl, Fi ida;—arm-t 18th dada June Thir ord'i-nanre r_ia��oo_,�oo_ao_,arincrtised' i�l the Ver© Reach Dr carnal on the 10th day of June , 1991 for a public hearing to be held on the 18.th day of June , 1991 at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Scurlock and adopted by the following vote: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Ahcant ommissioner Carolyn K. Eggert -gyp Commissioner Margaret C. Bowman Ahcant Commissioner Don C. Scurlock, Jr. Aya BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY P. avA, BY: x x a Richard N. Bird;`Chairnian!» + ' ATTEST BY: Jef K� -Accknowledgement by the Department of ---S t orate lof . Flom this 27th day of. June , 1991. Effective Date: Acknowledgement from the Department of State received on this 1st day of July 1991, at 10:00 A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED'AS TO FORM AND LEGAL SUFFICIENCY G. Collins II, Assistant County Attorney l\.. 1. 1.1. 11-11 \j, Community Bevel pm n\v\c\1100Rn.0Rn SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:21:01. OfficialDocuments:633, Attachment Id 0, Page 3