HomeMy WebLinkAbout1992-21ORDINANCE NO. 92-21 -
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR ±888 ACRES FROM
AG -2 TO AG -1 FOR PROPERTY LOCATED WEST AND SOUTH OF THE CITY
OF FELLSMERE, SOUTH OF COUNTY ROAD 512 (FELLSMERE ROAD), 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- is 3u1 1991- amend ment-sua: '�i,dew, and
WHEREAS, t -he- Local Planning Agency held -a -public hearing. on
all comprehensive plan amendment requests on September 26, 1991,
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-Cl6unty Commissioners -announced at the
transmittal public hearing its -intention -tot -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.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 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
REREAS, the Board -of County—Col stoners of Indian River
County held a Comprehensive Plan Amendment Adoption Public Hearing
on May 5, 1992, after advertising pursuant to
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ORDINANCE NO. 92- 21
F.S.163.3184(15)(b)(2) and
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-glan
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
The land use designation of the following described
property situated in Indian River County, Florida, to -
wit:
TRACTS 1929; 1930; 1931; 1962; 1963; 1964; 2029; 2030;
2031; 2062; 2063; 2064; 2120; 2130; 2131; 2132; 2133;
2134; 2135; 2136; 2137; 2138; 2155; 2156; 2157; 2158;
2159; 2160; 2161; 2162; 2163; 2164; 2229; 2230; 2231;
2232; 2233; 2234; 2235; 2236; 2237; 2238; 2255; 2256;
2257; 2258; 2259; 2260; 2261; 2262; 2263; 2264; 2329;
2330_, 2331, 2332_;-2333;_2334; 2335 —233_6 2.337; 2338;
2355; 2356; 2357; 2358; 2359; 2360; 2361; 2362; 2363;
2364; 2429; 2430; 2431; 2432; 2433; 2434; 2435; 2436;
2437; 2438; 2455; 2456; 2457; 2458; 2459; 2460; 2461;
2462; 2463; and 2364,
as shown on the plat of Fellsmere Farms Company as
recorded in plat book 184 page 107, currently located in
the public records of Indian River County, Florida.
Be changed from AG -2 to AG -1.
The Future Land Use Map is hereby revised accordingly.
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.
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 -prow -signs -of -this -ordinance-are-hereby-repeal-ed
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. 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.
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SECTION 6. Effective Date
This ordinance shall become effective upon becoming law.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this S day of I77,, 1992.
ORDINANCE NO. 92- 21
This ordinance was advertised in the Vero Beach Press -Journal
on the 27 day ofApri,1 1992 for a public hearing to be held on the
dayofMa:y , 1-992- af—wAic-h time—it— was —moved -for
adoption by Commissioner Bird , seconded by Commissioner
Wheeler , and adopted by the following vote:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Nay
Commissioner Richard N. Bird Aye
Commissioner Gary Wheeler Ave
Commissioner Don C. Scurlock, Jr. Nay
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
ATTEST BY:
JefeyK .B"rton°, .,-Clerk
Acknowledgement by the Department of Staie of the State of Florida
this 11th day of May 1992.
Effective Date,: Aoknowiedgement—frUL11 e tepartment of—State
received on this 14t1day of May 1992, 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
William G. Collins II, Deputy County Attorney
wi/i
' Robert M. Keating CCommunity Develop ent T irector ,
u\v\c\kahncpa.ord
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