HomeMy WebLinkAbout1991-33 (2)ORDINANCE NO. 91-13
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
#1 C.OMMERCIAL/INDUSTRIAL CORRIDOR (VERO SOUTH CITY LIMITS TO
SOUTH RELIEF CANAL) FROM 3651 ACRES TO 371.81 ACRES AND
AMENDING THE LAND USE DESIGNATION FROM M-1 TO C/I, AND
PROVIDING FOR-CODIFICATIONr 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 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 lan amendment to the Board of county commissinnPrs,
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 holdand advertise a
final public hearing at the adoption stage of this plan amendment,
and
WHEREA�Fl-orr-ida Department of -Community Affairs received
this Comprehensive, 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
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ORDINANCE NO
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);
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 ComprehensivePlan 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 -
parcel 1- From the NW corner of the SE I of the NE $ of
Section 13, Township 33 South, Range 39 East, run Easterly a
distance of 720 feet to a point; thence run Southerly and
parallel to the quarter section line a distance of 165 feet to
a point; thence run East a distance of 300 feet to a point;
thence run North and parallel to the quarter section line a
distance of 165 feet to a point; thence run west a distance of
300 feet to a Point of Beginning.
Parcel From the Northwest corner of the Southeast
of the Northeast quarter of Sect 'ion 13, Township 33 South,
Range 39 East, Indian River County, Florida, run Easterly
along the North boundary line of the Southeast quarter of the
Northeast quarter of said Section 13, a distance of 720 feet;
thence on a deflection angle of 89 degrees 51 minutes to the
right--run-Southerly--a distance of165feet-to-the—Me Point
of Beginning. From said Point of Beginning, on a deflection
angle of 89 degrees 51 minutes to the left run Easterly a
distance of 200 feet; thence on a deflection angle of 89
degrees 51 minutes to. the right run Southerly a distance of
165 feet; thence on a deflection angle of 90 degrees 09
minutes to the right, run Westerly a distance of 300 feet,
thence on a deflection angle of 89 degrees 51 minutes to the
right, run Northerly a distance of 165 feet to the Point of
Parcel 3* . The North I' of the following described property.
From the NW corner of the SE j of the NE 4 run Easterly 275
feet to the Point of Beginning: thence run Easterly along the
same line 330 feet; thence run Southerly and parallel to the
I section line 330 feet thence run Westerly 330 feet; thence
run Northerly along said a section line 330 feet to the Point
ofBeginning, lying and__beinq in Section 13, Township 33
South, Range 39 East, LESS AND EXCEPT the West 5 feet thereof
and the East 25 feet therefore.
Parcel 4: The East 2.29 acres of the North one-half of the
North one-half of the Southeast one-quarter of the Northeast
one-quarter of Section 13, Township 33 South, Range 39 East,
Indian River County, together with a perpetual easement for
ingress and egress over the following property: From the
orthwest-corner-of-the-Southeast a of -the North -4 of Section
13, Township 33 South,.Range 39 East, run South 15 feet,
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ORDINANCE -NO -91- 33
thence, run East 1,020, feet, thence run North 15 feet, thence
run West 1,020 feet to Point of Beginning; LESS AND EXCEPT
that portion taken for Indian River Boulevard in O.R. Book
733, Page 839.
Parcel 5: The East 25 feet of the South I of the following
described -property: From the-ilii-cornerof the -E -i -of -the NE
4 run Easterly along the same line 330 feet; thence run
run Westerly 330 feet; .thence run Northerly along said 4
section line 330 feet to the Point of Beginning. LESS AND
EXCEPT the West 5 feet thereof, lying and being in Section 13,
Township 33 South, Range 39 East.
Parcel 6: The East 5 feet of the West 280 feet and the East
115 feet of the West 720 feet of the North 330 feet of the NW
} of the SE ; of the NE ;, Section 13, Township 33 South,
Parcel 7: The East 25 feet of the North } of the following
described property: from the NW corner of the SE j of the
North 4 run Easterly 275 feet to the Point of Beginning;
thence run Easterly along the same line 330 feet: thence run
Southerly -and -Parallel -to-the-1-secti-on line 330 -feet; -thence
run ,Westerly 330 feet; thence run Northerly along said a
sestien ling 330 feet to the Point of Beginning; LESS AND
EXCEPT the West 5 feet thereof.
Parcel 8: From the NW corner of the SE a of the NE a run
Easterly 275 feet to the Point of Beginning; thence run
Easterly along the same line 330 feet; thence run Southerly
and parallel to the 4 section line 330 feet; thence run
Westerly 330 feet; thence run Northerly—along said section
line 330 feet to the Point of Beginning, lying in Section 13,
Township 33 South,ange 39 East, LESS AND EXCEPT the West 5
feet thereof and the East 25 feet thereof.
Is changed from M-2, Medium Density Residential (up to 10
units/acre) to C/I, Commercial/Industrial Node;
n The _a_a.�oy..*ure—Land--UseMap is revised- i acyl ar�C.ordl-nglyy'.
and ----- -
D Table 2.30 of the.Future Land Use
enlarge the U.S. Highway #1
Corridor (Vero South City Limits
by. 6.83± acres.
SECTION 3. Codification
Element is revised to
Commercial/Industrial
to South Relief Canal)
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 provisions of this ordinance are hereby repealed
to the extent of such conflict. Al special acts of the legislature
applying only to the unincorporated portion of Indian River County
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ORDINANCE NO. 91- 33
and which conflict with the provisions of this ordinance are
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--pravis on --of Ibis ordinance and
therefore, the Indian River County Comprehensive Plan Amendments
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
to F.S.163.3194.
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 -ori the -18th— day of June , -199-1 at -which time -it -was
moved for adoption by Commissioner Eggert seconded by
vote:
Chairman Richard N. Bird Aye
Vice Chairman Gary C. Wheeler Absent
Commissioner Carolyn K. Eggert Aye
Commissioner Margaret C. Bowman A sent
Commissioner Don C. Scur oc ,r. y�e
OF INDIAN RIVER COUNTY
BY:
N.
Acknowledgement by the Department of St eG(of`"tV'S.t.at .,�o' fFlorida
this 27th day of June 1991.
Effective Date: Acknowledgement from the Department of State
received on this-st day of J y , 1 91,. at-10-00-
A.M./P.M. and filed in the office of the Clerk of the Board of
County , Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
William G. Collins II, Assistant County Attorney
Robert M. Kea ing,CP
Cr)mmnnifv nPVP1nnm.nt Direntnr
u\V\
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