HomeMy WebLinkAbout2010-011ORDINANCE NO. 2010- 011
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND
USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE
DESIGNATION FOR ± 1.05 ACRES LOCATED AT THE SOUTHWEST CORNER OF 10TH
LANE AND OLD DIXIE HIGHWAY, VERO BEACH, FROM L-2, LOW-DENSITY
RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), TO C/I, COMMERCIAL / INDUSTRIAL; 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 Board of County Commissioners substantially revised and updated
the Indian River County Comprehensive Plan on March 17, 1998, based on the
recommendations of the county's Evaluation and Appraisal Report, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive
plan amendment request on May 13, 2010 after due public notice, and
WHEREAS, the Local Planning Agency voted 7 to 0 to recommend approval of this
comprehensive plan amendment to the Board of County Commissioners, and
WHEREAS, this Comprehensive Plan Amendment meets the criteria established in
Chapter 163.3187(1)(c), FS, for small scale development amendments, and
WHEREAS, the Board of County Commissioners of Indian River County held a
Comprehensive Plan Amendment Adoption Public Hearing on June 8, 2010 after advertising
pursuant to Chapter 163.3187(1)(c), FS and Chapter 125.66(4), FS;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners
of Indian River County, Florida, that:
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ORDINANCE NO. 2010- 011
SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal
The amendment to the Indian River County Comprehensive Plan identified in Section
2 is hereby adopted as a small scale development amendment, and the Board of County
Commissioners directs staff to transmit one (1) copy 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. Amendments to the Comprehensive Plan
The land use designation of the following described property situated in Indian River
County, Florida to wit:
BEGINNING AT THE NORTHEAST CORNER OF TRACT 14, REPLAT OF RIDGEWOOD
SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 39, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA, THENCE ALONG THE WEST RIGHT-OF-WAY
LINE OF OLD DIXIE HIGHWAY SOUTH 19021'42" EAST A DISTANCE OF 301.94 FEET;
THENCE NORTH 89055'33" WEST A DISTANCE OF 187.43 FEET; THENCE NORTH
00003'02" EAST TO A POINT ON THE SOUTH LINE OF TRACT 13 OF SAID
RIDGEWOOD SUBDIVISION A DISTANCE OF 105.55 FEET; THENCE TO THE
SOUTHEAST CORNER OF SAID TRACT 14 NORTH 24019'45" WEST A DISTANCE OF
88.32 FEET; THENCE ALONG THE WEST LINE OF SAID TRACT 14 NORTH 18056'30"
WEST TO THE SOUTH RIGHT-OF-WAY LINE OF 10TH LANE A DISTANCE OF 105.68
FEET; THENCE ALONG SAID SOUTH RIGH -OF -WAY SOUTH 89°30'20" EAST A
DISTANCE OF 157.93 FEET TO THE PLACE AND POINT OF BEGINNING.
CONTAINING 1.05 ACRES MORE OR LESS.
SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS,
IF ANY.
is changed from L-2, Low Density Residential -2 (up to 6 units/acre), to C/I, Commercial
Industrial, and the Future Land Use Map is hereby revised accordingly.
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.
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ORDINANCE NO. 2010- 011
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
Unless challenged, the effective date of this ordinance, and therefore, this plan
amendment, shall be July 8, 2010. If challenged, 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 amendment in compliance
with Section 163.3184, Florida Statutes, whichever occurs earlier.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 8th day of June 2010.
This ordinance was advertised in the Press -Journal on the 24th day of May, 2010 for a
public hearing to be held on the 8th day of June, 2410, at which time it was moved for adoption by
Commissioner Davi s , seconded by Commissioner F1 es_cher , and adopted
by the following vote:
Peter D. O'Bryan, Chairman Aye
Bob Solari, Vice Chairman Aye
Gary C. Wheeler, Commissioner Aye
Wesley S. Davis, Commissioner Aye
Joseph E. Flescher, Commissioner Aye
BOARD OF COUNTY COMMISSI
OF INDIAN RIVER COUNTY
BY: 4LJ C
Peter D. O'Bryan,
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ORDINANCE NO. 2010- 011
ATTEST BY: I -b. G .
Jeffrey K. Barton, Clerk
Acknowledgment by the Department of State of the State of Florida this day of gL, 2010
Acknowledgment by the Department of State received on this cZL_ day of -it., se , 2010, at
�o A.Mand filed in the office of the Clerk of the Board of the County Commissioners of
Indian River ounty, Florida.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
C / Alan S. Pol'c wich, County Attorney
APPROVED AS TO PLANNING MATTERS
Ro ert M. Keating, AICP
Community Development irector'
FXommunity Development\Comprehensive Plan Land Use Amendments\SMALL SCALE AMENDMENTS\Lazy J LLC\Ordinance LUDA.doc
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