HomeMy WebLinkAbout1992-19ORDINANCE NO. 92-19
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR i 40 ACRES FROM
AG -1 TO R FOR PROPERTY LOCATED ON THE WEST SIDE OF 58TH AVENUE
(KINGS HIGHWAY), SOUTH OF 4TH STREET, EXPANDING THE URBAN
SERVICE AREA, AND ADOPTING FUTURE LAND USE POLICY 1.37, AND
PROVIDING FOR 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 July, 1991 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on
all comprehensive plan amendment requests on September 26, 199-1,
after due public notice, and
WHEREAS, the Local Planning Agency recommended approval 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 November 12, 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 Department of Community Affairs received
this Comprehensive Plan Amendment for the State review pursuant to
F "3—. 3154 (4) , ani
WHEREAS, Indian River County received the Objections,
Recommendations, and Comments (ORC) Report from the Florida
Department of Community Affairs on March 9, 1992, 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
County held a Comprehensive Plan Amendment Adoption Public Hearing
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ORDINANCE 92-19
on May 5, 1992, 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
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:
All of Tract 9, less the North 660 feet thereof; and all
of Tract 16, less the South 622.66 feet thereof; all in
Section 17, Township 33 South, Range 39 Eastas shown on
Plat of Indian River Farms Company as filed in Plat Book
2, page 25, Public Records of St. Lucie County, Florida;
now lying and being in Indian River County, Florida.
Containing 39.157 acres, more or less.
Be changed from AG -1 to R.
e The -Future -Land -Use Map is hereby revised accordingly.
o The Urban Service Area is hereby enlarged by 40 acres.
o Policy 1.37 of the Future Land Use Element, as shown in
Attachment A, is hereby adopted.
SECTION 3. Codification
The provisions of this ordinance shall be incorporated into
fie County Code—and the word—`ordinance" ---maybe 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
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. 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 are hereby repealed to the extent of such conflict.
SECTION 5.. --Severabi-lity
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.
SECTION 6. Effective Date
This ordinance shall become effective upon becoming law.
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ORDINANCE NO. 92- 19
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 5th day of Mal 1992.
This ordinance was advertised in the Vero Beach Press -Journal
on the 27 day ofApria 1992 for a public hearing to be held on the
5 day of May , 1992 at which time it was moved for
adoption by Commissioner wheeler , seconded by Commissioner
Bowman , and adopted by the following vote:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
Commi-asi-oner Richard -N. Bird 4y
Commissioner Gary Wheeler Aye
Commissioner Don C. Scurlock, Jr. Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: &
Caroly, K. EgglfiV Egg-VChairman
ATTEST BY:
Je K-:- Bar n, Cl k'
rid Cl �•
this 11th day of May , 1992.
Effective Date: Acknowledgement from the Department of State
received on this 14th day of May , 1992, at10:00
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 FORMAND
LEGAL SUFFICIENCY
William G. Collins II, Deputy County Attorney
aid
_obe_t M. _-
eatig, P
_
Community Developme__ Director
nainn Rlva Cu Approved
u\v\c\feldcpa.ord Admin, Date
Legal
Budget G'C
Dept.
Risk Mgr. „ �,
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ORDINANCE 92-19
Proposed Future Land Use Policy 1.37
By 1993, Indian River County shall conduct a corridor study for
each roadway which serves as an urban service area boundary. A
corridor includes road right-of-way and property within one-quarter
(1/4) mile of both sides of the right-of-way. The Kings Highway
(58th Avenue) Corridor is hereby designated as a high priority
corridor study area. For each corridor studied, the analysis shall
identify -programmed i-nf-rastructu-re-impr-ovement-s,,-particularly-water
and sewer lines. Where water and sewer lines are planned for
installation within the right-of-way of a roadway serving as the
urban service area boundary, the study will examine the financial,
environmental and physical impacts of providing urban services to
land on both sides of the right-of-way. Based upon the study
reports, the existing urban service area designation and land use
plan designation for lands within the corridor will be assessed,
and necessary changes will be identified. Any identified changes
shall address the need to reduce the size of the -Urban Service -Area
(USA) boundary depicted on the Future Land Use Map in order to
compensate for any recommended expansion of the Urban Service Area
boundary, to discourage the proliferation of urban sprawl, to
ensure the separation of urban and rural land uses, and to maintain
the relationship between the needs of the projected population and
the land uses depicted on the Future Land Use Map. Such changes
shall then be considered by the Board of County Commissioners as
proposed-comprehens-ive-plan-amendments_.
Attachment A
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