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Home My WebLink About2014-002ORDINANCE NO. 2014-__M2 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR APPROXIMATELY ± 70 ACRES LOCATED AT THE EAST END OF OSLO ROAD, SOUTH SIDE, FROM C-2, CONSERVATION— 2 (UP TO 1 UNIT/40 ACRES), AND L-2, LOW DENSITY RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), TO C-1, CONSERVATION - 1 (0 DENSITY); 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 amendment application during its April 2013 amendment submittal window, 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 transmit the subject comprehensive plan amendment to State and Regional review agencies; and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on August 20, 2013, after due public notice, and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to State and Regional review agencies, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to advertise and hold a final public hearing at the adoption stage of this plan amendment, and WHEREAS, the Comprehensive Plan Amendment was transmitted to State and Regional review agencies, and WHEREAS, State and Regional review agencies had no objections concerning this Future Land Use Map Amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on March 4, 2014, after due public notice. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: 1 ORDINANCE NO. 2014- 002 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 copy of the amendment to appropriate State and Regional review agencies. SECTION 2. Amendment to the Comprehensive Plan To change the Future Land Use Map designation from C-2, Conservation -2 (up to 1 unit /40 acres), and L-2, Low Density Residential -2 (up to 6 units per acres), to C-1, Conservation -1 (0 density), for the following described property situated in Indian River County, Florida: PARCEL NO. 3330-30-00000-1000-00001.0, DESCRIBED AS FOLLOWS: NE1/4 OF NE1/4 OF SECTION 30, TOWNSHIP 33 S RANGE 40 E, LESS N 50 FT PARCEL NO. 33-40-30-00000-1000-00004.0, DESCRIBED AS FOLLOWS: SEI/4 OF NE1/4 OF SECTION 30, TOWNSHIP 33 S RANGE 40 E, LESS S 680 FT OF W 209.2 FT & LESS RIVER SHORES ESTATES UNIT NO 3 & UNIT 4 & LESS W 130 FT OF N 630 FT PARCEL NO. 33-40-29-00000-0010-00001.2, DESCRIBED AS FOLLOWS GOV LOT 1, IN SECTION 29, TOWNSHIP 33 S RANGE 40 E, LESS THE FOLLOWING DESCRIBED LAND: BEGINNING AT NWLY MOST CORNER OF LOT 15, RIVER SHORES ESTATES UNIT 4, RUN W ON A LINE WHICH WOULD BE WLY EXTENSION OF N LINE OF SAID LOT 15, 200 FT, THENCE N 300 FT, THENCE 200 FT, MORE OR LESS TO SHORE OF INDIAN RIVER, THENCE MEANDER SELY ALONG SHORE OF INDIAN RIVER 320 FT, MORE OR LESS, TO AFORESAID N LINE OF LOT 15, THENCE W ALONG N LINE 140 FT, MORE OR LESS TO P.O.B., & ALSO LESS RIVER SHORES ESTATE SUB PARCEL NO. 33-40-29-00000-0010-00001.0 (MINUS A PORTION IMMEDIATELY EAST OF 33-40-29-00000-0010-00001.1), DESCRIBED AS FOLLOWS: A PARCEL OF LAND E OF GOV LOT 1 IN SECTION 29, TOWNSHIP 33 S RANGE 40 E AS DESCRIBED IN R BK 37 PP 535, LESS RIVER SHORES ESTATES UNIT NO 3 & UNIT NO 4 & LESS SUBMERGED LANDS LYING IMMEDIATELY EAST OF THE FOLLOWING DESCRIBED PARCEL: BEG AT NWLY MOST COR OF LOT 15 RIVERSHORES ESTATES UNIT 4 PBI 8-13, TH RUN W ON A LINE WHICH WOULD BE WLY EXT OF N LINE OF LOT 15, 200.0 FT, TH N 300.0 FT, TH E 220 FT MORE OR LESS TO SHORE OF IND RIVER, TH MEANDER SELY ALONG SHORE OF IND RIV 320 FT MORE OR LESS TO N LINE OF LOT 15, TH W 140.0 FT MORE OR LESS TO POB (OR BK 695 PP2006) The above described premises contain 70 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. 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. E ORDINANCE NO. 2014- Ong 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 plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. This ordinance was advertised in the Press -Journal on the 17`h day of February, 2014, for a public hearing to be held on the 4th day of March 2014, at which time it was moved for adoption by Commissioner F l e s c h e r , seconded by Commissioner Solari , and adopted by the following vote: Peter O'Bryan, Chairman Wesley S. Davis, Vice Chairman Aye Bob Solari, Commissioner Aye Tim Zorc, Commissioner AVP Joseph E. Flescher, Commissioner Aye ............ BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY c� '�'� ' Q:• BY:Peter O'Bryan , Chairman '��:gNRivEa��`,�, Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk 3 ORDINANCE NO. 2014- 002 This ordinance was fled with the Department of State on the following date: APPROVED AS TO FORM AND LEG SUFFICIENCY 1 - County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, A ; Community Development Director F:\Community Development\Comprehensive Plan Land Use Amendments\ORCA Diamond Tract Conservation Lands April 2013\Resolutions,Ordinances\ORCA Diamond final LUDA Ordinance 34-2014.doc 4