The URL can be used to link to this page

Home My WebLink About1991-31ORDINANCE NO. 91-31 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN AND THE ACCOMPANYING FUTURE LAND USE MAP BY ENLARGING THE U.S. HIGHWAY 91 COMMERCIAL/ INDUSTRIAL CORRIDOR (SOUTH RELIEF CANAL TO SOUTH COUNTY LINE) FROM 201± ACRES TO 202.2± ACRES AND AMENDING THE LAND USE DESIGNATION FROM L-2 TO C/I, AND PROVIDING FOR CODIFICATION, REPEAL OF CONFLICTING PROVISIONS, 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 1990 amendment submittal window, and WHEREAS, the Local Planning Agency held—a—public Baring on all comprehensive plan amendment requests on November 15, 1990, after due public notice, and WHEREAS, the Local Planning Agency recommended approval of tk�i-s— comps-ehensive Rla amendments—to—the--Roard--�af caunty 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.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 Compre ensivePian Amendment on December 19--,1191 for–the-- State ogthe 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 rtment of Communitv 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 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:01:56 - OffcialDocuments:629, Attachment Id 0, Page 1 SmeadSoft Reprint Date: Friday, August 23, 2013 - I ORDINANCE NO, 91- 3t— County held the Comprehensive Plan Amendment Adoption Public Hearing on June 18, 1991, after advertising pursuant to F.S.163.3184(15)(b)(2) and (c); WHEREAS, the Board of County Commissioners has found that unlike neighboring properties which are developed with residential uses or are vacant, the subject of this amendment was inappropriately designated L-2, Low -Density Residential, because the subject property of this amendment was originally zoned and developed commercial/industrial, and consists of severa parce s, under seperate ownership, with buildings of various ages, which are not susceptible, as a whole, to amortization .if treated as non - NOW, THEREFORE, BE IT ORDAINED, by 1 -be 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, an ive copies are directed to be transmitted to the State of Florida Department of Community Affairs. SECTION 2. Amendments to the Comprehensive Plan D T-he'man d -d ^tee— des-i-gnation—o€—the--fol4 wing dascribed property situated in Indian River County, Florida, to - Block "U", Dixie Heights Subdivision, Unit 5, according to the plat recorded in Plat Book 5, Page 8, Public Records of Indian River County, Florida. Is changed from L-2, Low -Density Residential (up to 6 units acre) to C/I, Commercial/Industrial Node: The Future Land Use Map is hereby revised accordingly; and o Table 2.30 of the Future Land Use Element is revised to enlarge the U.S. Highway #1 Commercial/ Industrial Corridor (south Relief Canal to South County Line) by 1.2_± acres SECTION 4. 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. ?:01:56 - OfficialDocuments:629, Attachment Id 0, Page 2 ORDINANCE NO. 91 31 - SECTION 5. 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 leg is1ature-applying-only-to-the-nnincdrporated-portion-of- Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent off such conflict. SECTION 6. 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. SECTION 7. Effective Date This ordinance shall become effective upon adoption pursuant Approved and adopted by the Board of County Commissioners of Indian'River County, Florida, on this 18th day of June ,1991. This ordinance was advertised in the Vero Beach Press -Journal on the 10th day of June , 1991 for a public hearing to be held on the 18th day of June , 1991 at which time it was moved for adoption by Commissioner Eggert .seconded by Commissioner cock and adopted by the oIlowing vote': Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Absent Commissioner Carolyn K. Eggert Aye Commissioner Margaret C. Bowman Absent,: Commissioner Don C. Scurlock, Jr. Aye. 3" ; BOARD OF COUNTY COMMI'S8I0NER3 N ti F INDIAN RIVER CO NTY �. ,. • K k'. H� BY' Richard N. Bird,lChai"rman . 1 ATTEST BY: 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 minty Commissioners of Indian River County, Florida. APPROVED AS TO FORM ANDradians LEGAL SUFFICIENCY Williflm G. Collins I Assistant County Attorney ERisk r Robert M. Kddtin , AI Community Develo men irector SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:01:56 - OfficialDocuments:629, Attachment Id 0, Page 3