HomeMy WebLinkAbout2013-008ORDINANCE NO. 2013- 008
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
FUTURE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR ±
2.16 ACRES FROM C/I, COMMERCIAL/INDUSTRIAL, TO M-2, MEDIUM DENSITY
RESIDENTIAL -2 (UP TO 10 UNITS/ACRE) (southern property); AND SIMULTANEOUSLY
REDESIGNATING ± 2.16 ACRES FROM M-2 TO C/I (northern property). 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 the subject comprehensive plan small scale land use amendment
application, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment
request on June 13, 2013, after due public notice, and
WHEREAS, the Local Planning Agency recommended that the Board of County Commissioners
approve the request; and
WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption
Public Hearing on July 16, 2013, after due public notice.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County,
Florida, that:
SECTION 1. Comprehensive Plan Amendment Adoption
The amendment to the Indian River County Comprehensive Plan identified in Section 2
is hereby adopted.
SECTION 2. Amendment to the Comprehensive Plan
Southern Property
To change the Future Land Use Map designation from C/l, Commercial/Industrial, to M-2, Medium
Density Residential -2 (up to 10 units/acre), for the following described property situated in Indian
River County, Florida:
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ORDINANCE NO. 2013- 008
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 23, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE EASTERLY ALONG THE
SOUTH BOUNDARY LINE OF SAID SECTION 23, A DISTANCE OF 790.8 FEET TO THE POINT
OF BEGINNING OF THE LAND BEING CONVEYED; THENCE RUN EAST ALONG THE SOUTH
BOUNDARY LINE OF SAID SECTION 23, TO A POINT ON THE SAID SOUTH BOUNDARY
LINE THAT IS 225 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST
COAST RAILWAY; THENCE NORTH 225 FEET; THENCE RUN EAST TO THE WEST RIGHT-
OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY; THENCE RUN IN A NORTHERLY
DIRECTION ALONG THE WEST RIGHT-OF-WAY LINE OF SAID FEC RAILWAY TO A POINT
WHERE THE NORTH BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 23, INTERSECTS THE WEST RIGHT-OF-WAY
LINE OF THE SAID FEC RAILWAY; THENCE RUN WEST ALONG THE NORTH BOUNDARY
LINE OF THE SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 23 TO A POINT THAT IS 426.9 FEET EAST OF THE INTERSECTION OF SAID
NORTH BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SAID SECTION 23, WITH THE WEST LINE OF SAID SECTION 23; THENCE RUN SOUTH
ON A STRAIGHT LINE TO THE POINT OF BEGINNING.
LESS AND EXCEPTING THEREFROM: THE RIGHT-OF-WAY FOR NORTH GIFFORD ROAD AS
MORE PARTICULARLY DESCRIBED ON O.R. BOOK 62, PAGE 543, OF THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA.
The above described premises contain 2.16 acres, more or less. Subject to all easements, right-of-
way of record, conditions, and restrictions as contained within the chain of title. All lying and
being in Indian River County, Florida.
Northern Property
To change the Future Land Use Map designation from M-2, Medium Density Residential -2 (up to 10
unit / acre), to CA, Commercial/Industrial for the following described property situated in Indian
River County, Florida:
LOT 4 OF W. BOBO'S, BEING A PART OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 PAGE(S) 89, OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN
RIVER COUNTY, FLORIDA.
The above described premises contain 2.16 acres, more or less. Subject to all easements, right-
of-way of record, conditions and restrictions as contained with the chain of title. All lying and
being in Indian River County, Florida.
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ORDINANCE NO. 2013- 008
SECTION 3. 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.
SECTION 4. Severabilitv
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
This ordinance shall become effective upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the ] day of .311 2013, for a
public hearing to be held on the 16th day of July 2013 at which time it was moved for
adoption by Commissioner Davis seconded by
Commissioner Flescher , and adopted by the following vote:
Joseph E. Flescher, Chairman
Aye
Wesley S. Davis, Vice Chairman
Aye
Bob Solari, Commissioner
Aye
Tim Zorc, Commissioner
—Ave
Peter O'Bryan, Commissioner
Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
oseph E. Flescher, Chairman
This ordinance was filed with the
date:
\1�O�IINnn //I H/'0
DepartmeiYt• •\-";State on
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:K
Deputy Clerk
the following
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William K. DeBraal, Deputy County Attorney
APPROVED AS TO PLANNING MATTERS
o ert Keating, IC Com Development Director
F:\Community Development\Comprehensive Plan Land Use Amendments\SMALL SCALE AMENDMENTS\IMG Citrus\Ordinance\IMG Citrus
land use Ordinance July 16,2013.doc