HomeMy WebLinkAbout1991-46ORDINANCE NO. 91-46
AN'ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY ENLARGING THE
ROSELAND ROAD - U.S. it HOSPITAL/COMMERCIAL NODE FROM 1120
ACRES TO 1128 ACRES, 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, 1991 amendment submittal window,
and
WHEREAS, the Local Planning Agency held a public hearing on all
comprehensive plan amendment requests on April 11, 1991, after due
public notice, and
WHEREAS, the-,oc-al Rlanning Ag€ncy re-cADmmended–approval of
this comprehensive plan amendment to the Board of County
Commissioners, and
WHEREAS, the Board of County Commissioners of Indian River
held a Transmittal Public Hearing on May 21, 1991, 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 for their review and comment, 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 Departmentof-Community-CffaiI'S-reCeivffd--
this Comprehensive Plan Amendment , 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 September 23, 1991, and
WHEREAS, Indian River County revised the data and analysis
supporting this comprehensive plan amendment in response to the ORC
Report and pursuant to F.S.163.3184(7), and
WHEREAS, the Board of County Commissioners of Indian River
SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:39:15 - OfficialDocuments:644, Attachment Id 0, Page 1
County-held-a-Comp-rehen� -ve-P� :^ a �^merit Ad4apti4)w-Pah1c Hemming
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
The amendment to the Indian River County Comprehensive Plan
identified in section 2 is hereby adopted, and five (5) copies are
directed to be transmitted to the State of Florida Department of
Community Affairs.
SECTION 2. Amendments to the Comprehensive Plan
o The land use designation of the following described
property situated in Indian River County, Florida, to -
wit:
BEING A PORTION OF LOTS 13, 14, 15 & 16. PLAT OF TOWN OF
WAUREGAN, RECORDED IN PLATBOOK 1, PAGES 178 AND 179,
BREVARD-COUNTY, FLORIDA, SAID-LANDS-NOW-LTI-PIG- AND -BEING
IN INDIAN RIVER COUNTY, FLORIDA BEING MORE FULLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF TRACT "G" AS
SHOWN ON THE PLAT OF RIVERWALK II AS RECORDED IN PLAT
BOOK 12 PAGE 36 OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; THENCE S45044'55"W ALONG THE
SOUTHEASTERLY LINE OF SAID TRACT "G" A DISTANCE OF 323.56
FEET TO THE SOUTHWESTERLY CORNER OF SAID TRACT "G" AND
ALSO THE POINT OF BEGINNING; THENCE CONTINUE S45044'55"w
A DISTANCE OF 332.90 FEET TO A POINT THAT IS LOCATED
NORTHEASTERLY OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF
WAUREGAN AVE. (AS MEASURED AT A RIGHT ANGLE); THENCE
N44o25106"W ALONG A LINE THAT IS PARALLEL TO SAID
NORTHEASTERLY RIGHT-OF-WAY LINE OF WAUREGAN AVE. A
DISTANCE OF 919.97 FEET; THENCE N45o3912411E A DISTANCE OF
445.05 FEET';--HENCE—S43p31'0 1 —AD-I-STANCE-OF 3-&0-.53
FEET; THENCE S45o49117"W A DISTANCE OF 103.89 FEET;
THENCE 5401013511E ALONG THE NORTHWESTERLY PROPERTY LINES
OF TRACTS "D", "F" AND "G" OF SAID PLAT OF RIVERWALK II
A DISTANCE OF 540.31 FEET TO THE SOUTHWESTERLY CORNER OF
SAID TRACT "G" AND POINT OF BEGINNING. CONTAINING 8.00
ACRES MORE OR LESS.
Is changed from L-2, Low -Density Residential 2 (up to 6 units/acre)
and M-1, Medium -Density Residential 1 (up to 8 units acre) to
Hospital/Commercial Node:
The Future Land Use Map is hereby revised accordingly;
and
0 Table 2.30 of the Future Land Use Element is revised to
add 18.00 acres to the Roseland Road/U.S. Highway #1
Hospital/Commeraial-Node-
SECTION 3. Codification
The provisions of this ordinance shall be incorporated into
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.
SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:39:15 - OfficialDocuments:644, Attachment Id 0, Page 2
ORDINANCE NO. 9L -
SECTION 4. 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 xtent of—such conE ct: A11—speciai--acts of Ih–
legislature applying only to the unincorporated portion of Indian
River –County and which conflict with the provisions of this
ordnance are 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 e deemed a
separate, distinct and independent provision and such holding shall
not affect the validity of the remaining provisions.
SECTION 6. Effective Date
This-ordinance-hal-1become-ef-fectiv2-upon-becoming—law
Approved _ and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 19 day of Nov., 1991.
This ordinance was advertised in the Vero Beach Press -Journal
on the 7 day of Nov., 1991 for a public hearing to be held on the
19 day of Noveter , 1991 at which time it was moved for
adoption by Commissioner Eggert , seconded by Commissioner
Wheeler , and adopted by the foriow.ing vote:
Vice Chairman Gary C. Wheeler Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Margaret C. Bowman Nay
Commissioner Don C. Scurlock, Jr. Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
N.
ATTEST BY:
Acknowledgement by the Department of State
this 25th day of November , 1991.
q' a t
the State` of Florida
Effective Date: Acknowledgement from the Department of State
received on this 27th day of November , 1991, at 11:00
A.M./P.M. and filed in the office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:39:15 - OfficialDocuments:644, Attachment Id 0, Page 3
SmeadSoft Reprint Date: Friday, August 23, 2013 -
ORDINANCE
NO. 91-46
APPROVED AS TO FORM AND
LEGAL-SiJFFI
I iA /I
Will' G. Collins II, Assistant
Rto ert M. -Keating AI
Community Development irector
County Attorney
U\V\C\SEBCPA.ORD
Inft Alva Ca Approved Dale
Admin.
Legal
budget 11111
Dept.
Aish_M�r
a '
2:39:15 - OfficialDocuments:644, Attachment Id 0, Page 4