HomeMy WebLinkAbout2009-018ORDINANCE NO. 2009- 018
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE
LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR:
A. APPROXIMATELY 16.22 ACRES LOCATED AT 7770 JUNGLE TRAIL
APPROXIMATELY 2 MILES SOUTH OF CR 510 FROM L-1, LOW-DENSITY
RESIDENTIAL -1 DISTRICT (UP TO 3 UNITS/ACRE), TO C-1, CONSERVATION -1
DISTRICT (0 UNITS/ACRE); AND
B. APPROXIMATELY 47.25 ACRES LOCATED AT 800 GARDENIA STREET FROM
C-2, CONSERVATION -2 DISTRICT (1 UNIT/40 ACRES), AND C-3,
CONSERVATION -3 DISTRICT (1 UNIT/2.5 ACRES), TO G1, CONSERVATION -1
DISTRICT (0 UNITS/ACRE);
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
2009 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment
request on April 9, 2009, after due public notice, and
WHEREAS, the Local Planning Agency voted 6-0 to recommend that the Board of County
Commissioners transmit the comprehensive plan amendment listed below to the Florida Department of
Community Affairs; and
WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public
Hearing on May 19, 2009, after advertising pursuant to F.S. 163.3184(15)(b)(1), and
WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan
amendment to the Florida Department of Community Affairs with a request for review, 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 on July 9, 2009, pursuant to F.S. 163.3184(4), and
WHEREAS, the County.received the Florida Department of Community Affairs Objections,
Recommendations, and Comments report on September 8, 2009, and
WHEREAS, the Florida Department of Community Affairs had no objections, recommendations, or
comments concerning this amendment, and
FACommunity Development\Users\LONG RANGE\CompPlan Amendments\2009 Jan\Conservation Lands Rezoning\BCC conservation lands
Ordinance.doc
ORDINANCE NO. 2009- 018
WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan
Amendment Adoption Public Hearing on October 20, 2009, after advertising pursuant to
F. S.163.3184(15)(b);
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 the Board of County Commissioners directs staff to transmit three (3)
copies of the amendment to the State of Florida Department of Community Affairs and one (1)
copy to the Treasure Coast Regional Planning Council.
SECTION 2. Amendment to the Comprehensive Plan
The following described property situated in Indian River County, Florida:
The North 16.5 acres of the South 33 acres of Government Lots 8
and 9, Section 36, Township 31 South, Range 39 East, all lying and
being in Indian River County, Florida. Less right of way for Jungle
Trail survey baseline per maintenance map as recorded in Plat Book
9, page 40, Public Records of Indian River County, Florida.
Subject to easements, restrictions and reservations of record and
taxes for the year 2008 and thereafter.
Is changed from L-1, Low Density Residential -1 (up to 3 units/acre), to C-1,
Conservation -1 District (0 units/acre), and the Future Land Use Map is hereby revised
accordingly.
AND
The following described property situated in Indian River County, Florida:
Parcel 1:
The Southeast one-quarter (1/4) of the Northwest (1/4) and the East
100 feet of the Southwest one-quarter (1/4) of the Northwest one-
quarter (1/4) of Section 14, Township 31 South, Range 38 East, lying
in Indian River County, Florida.
Parcel 2:
A portion of the Southwest one-quarter of the Northwest one-
quarter of Section 14, Township 31 South, Range 38 East, lying
FACommunity Development\Users\LONG RANGE\CompPlan Amendments\2009 Jan\Conservation Lands Rezoning\BCC conservation lands
Ordinance.doc
ORDINANCE NO. 2009- 018
Northerly and Easterly of the South prong of the St. Sebastian River
and Westerly of the Easterly 100 feet of said Southwest one-quarter
of the Northwest one-quarter; said parcel being more particularly
described as follows: Commencing at the Northeast corner of the
Southeast one-quarter of the Northwest one-quarter of Section 14,
Township 31 south, Range 38 East, Indian River County, Florida,
run North 89 degrees 25' 12" West (assumed) along the North line of
said Southeast one-quarter of the Northwest one-quarter a distance
of 1325.62 feet to the Northeast corner of the Southwest one-quarter
of the Northwest one-quarter of Section 14, Township 31 South,
Range 38 East; thence continue North 89 degrees 25' 12" West along
the North line of said Southwest one-quarter of the Northwest one-
quarter a distance of 100.03 feet to a point of intersection with the
Westerly line of the east 100 feet of said Southwest one-quarter of
the northwest one-quarter and the Point of Beginning; from said
Point of Beginning run South 00 degrees 56' 40" East along the West
line of said East 100 feet a distance of 294.21 more or less to the
Intersection with apparent mean high water line of the South Fork
of the South prong of the St. Sebastian River; thence meander
Northerly and Westerly along said apparent mean high water line
the following twenty courses and distances: North 24 degrees 12' 16"
West a distance of 99.09 feet; North 54 degrees 36' 05" West a
distance of 46.42 feet; North 54 degrees 32' 56" West a distance of
66.11 feet; North 85 degrees 04' 44" West a distance of 65.50 feet;
North 85 degrees 32' 35" West a distance of 35.26 feet; North 87
degrees 20' 22" West a distance of 33.48 feet; South 81 degrees 42'
15" West a distance of 53.49 feet; South 75 degrees 15' 48" West a
distance of 67.90 feet; South 71 degrees 56' 15" West a distance of
68.95 feet; South 72 degrees 57' 54" West a distance of 61.31 feet;
South 57 degrees 18' 08" West a distance of 23.38 feet; South 65
degrees 03' 47" West a distance of 43.23 feet; South 66 degrees 47'
32" West a distance of 56.49; North 60 degrees 51' 42" West a
distance of 36.70 feet; North 58 degrees 15' 29" West a distance of
58.88 feet; North 04 degrees 02' 59" East a distance of 51.54 feet;
North 01 degrees 49' 33" East a distance of 55.27 feet; North 09
degrees 04' 17" East a distance of 49.05 feet; North 18 degrees 50'
50" East a distance of 24.08 feet; North 16 degrees 09' 26" East a
distance of 26.78 feet more or less to the intersection with the
aforementioned North line of the Southwest one-quarter of the
Northwest one-quarter; thence run South 89 degrees 27' 19" East
along said North line a distance of 668.67 feet to the Point of
Beginning.
And, together with all private uplands (non -sovereign) lying within
the West 125 feet of the East 225 feet of the Southwest one-quarter of
the Northwest one-quarter of said Section 14 (less the South 635 feet
thereof), lying Southerly of the above described parcel.
FACommunity Development\Users\LONG RANGE\CompPlan Amendments\2009 Jan\Conservation Lands Rezoning\BCC conservation lands
Ordinance.doc
ORDINANCE NO. 2009- 018
Less and except any portion of property lying within the St.
Sebastian River.
All lying and being in Indian River County, Florida.
Is changed from C-2, Conservation — 2 District (up to 1 unit/40 acres), and C-3, Conservation -3
District (up to 1 unit/2.5 acres), to C-1, Conservation — 1 District (0 units/acre), and the Future
Land Use Map is hereby revised accordingly.
SECTION 3. Repeal of Conflictiniz 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.
SECTION 4. 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 Amendment is 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 5. Effective Date
The effective date of this ordinance and, therefore, this plan amendment shall be the date
a final order is issued by the Department of Community Affairs or Administration Commission
finding the amendments in compliance with Section 163.3184(1)(b), Florida Statutes, whichever
occurs earlier. If a final order of noncompliance is issued by the Administration Commission,
these amendments may nevertheless be made effective by adoption at a public meeting after
public notice of a resolution affirming their effective status, a copy of which resolution shall be
sent to the Florida Department of Community Affairs, Division of Resource Planning and
Management, Plan Processing Team.
This ordinance was advertised in the Press -Journal on the 5th day of October, 2009, for a
public hearing to be held on the 20'h day of October 2009, at which time it was moved for
adoption by Commissioner Wheeler seconded by
Commissioner F1 p,-(- r , and adopted by the following vote:
Wesley S. Davis, Chairman AYE
Joseph E. Flescher, Vice Chairman
Gary C. Wheeler, Commissioner AYE
Peter D. O'Bryan, Commissioner AYE
Bob Solari, Commissioner AY E
FACommunity Development\Users\LONG RANGE\CompPlan Amendments\2009 Jan\Conservation Lands Rezoning\BCC conservation lands
Ordinance.doc
ORDINANCE NO. 2009- 018
BOARD OF COUNTY COMM
OF INDIAN RIVER COUNTY
1w�
S
1-
>IO�I;E'R S
. ^„, I r
L` w.
!3
,1
esley S. avis, Chat an • .� °.�y �`�`
ATTEST BY:
Jeffrey K. Barton, Clerk ”"`m
This ordinance was filed with the Department of State on the following date: 15, a.00 9
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AICP; Comm nity D opment Director
FACommunity Development\Users\LONG RANGE\CompPlan Amendments\2009 Jan\Conservation Lands Rezoning\BCC conservation lands
Ordinance.doc