HomeMy WebLinkAbout2010-004ORDINANCE NO. 2010 -meq
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE
LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR:
A. APPROXIMATELY ± 27.97 ACRES, LOCATED AT 9700 WATER VLIET AVENUE
SEBASTIAN, FROM L-1, LOW-DENSITY RESIDENTIAL -1 DISTRICT (UP TO 3
UNITS/ACRE), AND C/I, COMMERCIAL / INDUSTRIAL DISTRICT, TO C-1,
CONSERVATION -1 DISTRICT (0 UNITS/ACRE); AND
B. APPROXIMATELY ± 37.48 ACRES, LOCATED AT 7775 AND 7780 85th STREET
VERO BEACH, FROM AG -1, AGRICULTURAL -1 DISTRICT (UP TO 1 UNIT
/5ACRES), AND R, RURAL RESIDENTIAL DISTRICT (UP TO 1 UNIT/ACRE), TO
C-1, CONSERVATION -1 DISTRICT (0 UNITS/ACRE); AND
C. APPROXIMATELY ± 457.86 ACRES, LOCATED APPROXIMATELY 2 MILES
WEST OF INTERSTATE 95 AND APPROXIMATELY 1.5 MILES NORTH OF SR -60,
FROM AG -2, AGRICULTURAL -2 DISTRICT (UP TO 1 UNIT/10ACRES), TO C-1,
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 the subject comprehensive plan amendment application during its
July 2009 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment
request on September 24, 2009, after due public notice, and
WHEREAS, the Local Planning Agency voted 5-0 to recommend that the Board of County
Commissioners transmit the subject comprehensive plan amendment to the Florida Department of
Community Affairs; and
WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public
Hearing on November 3, 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
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ORDINANCE NO. 2010-004
Amendment on December 15, 2009, and
WHEREAS, the County received the Florida Department of Community Affairs Objections,
Recommendations, and Comments report on February 16, 2010, and
WHEREAS, the Florida Department of Community Affairs had no objections, recommendations, or
comments concerning this amendment, and
WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption
Public Hearing on March 23, 2010, 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:
Parcel A:
The northwest '/4 of the southwest 1/a of Section 23, Township 31 south, Range 38
east, located north of right of way recorded in O.R. book 226 page 263 public
records of Indian River County, Florida, less railroad right of way and less right of
way recorded in O.R. book 226, page 263 public records of Indian River County,
Florida and less and except the following:
Beginning at the intersection of the east right of way line of Watervliet Street (60'
R/W) and the north right-of-way line of county road 512 as shown on maintenance
map recorded in platbook 10, page 28, public records of Indian River County,
Florida. Run N00°12'38"E along said east right of way line of Watervliet Street a
distance of 48.31 feet; thence S44038'26"E a distance of 37.54 feet to a point on a
curve; thence along a curve to the left having a delta of 25038'34", a radius of
2002.00 feet, an arc distance of 902.61 feet a chord bearing of N74°57'28"E and a
chord length of 894.99 feet to a point of non tangent compound curve; thence along
a curve to the left having a delta of 12°77'21", a radius of 2257.58 feet, an arc length
of 484.24 feet a chord bearing of N51°58'58"E and a chord length of 483.31 feet to a
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ORDINANCE NO. 2010- 004
point on the east line of said NW '/4 of the SW '/a: thence along said east line
S00°16'49W a distance of 70.07 feet to a point on a curve located on the existing
north right of way line of county road 512; thence along the curve to the right
having a delta of 41°01'10", a radius of 1940.00 feet, an arc distance of 1388.89 feet a
chord bearing of S69015'25'W, a chord distance of 1359.42 feet back to the point of
beginning.
Is changed from L-1, Low Density Residential -1 (up to 3 units/acre), and C/1,
Commercial/Industrial, 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 B:
The west '/2 of the south % of the west %s of the west % of the southeast '/4 of Section
25, Township 31 south, Range 38 east, Indian River County, Florida, together with
that portion of land described in official records book 1284, page 588, public records
of Indian River County, Florida, less that portion conveyed to the Sebastian River
Drainage District recorded in official records book 132, page 543 and less that
portion conveyed to the State of Florida in official records book 185, page 661,
public records of Indian River County, Florida.
And
The northwest '/4 of the northeast '/4 of Section 36, Township 31 south, Range 38
east, less the east 10 acres, less the north 40 feet for road right of way, Indian River
County, Florida.
Is changed from AG -1, Agricultural -1 District (up to 1 unit/5 acres), and R, Rural
Residential District (up to 1 unit/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 C:
A parcel of land being a portion of Section 30, Township 32 south, Range 39 east,
Indian River County, Florida; more particularly described as follows:
For a point of reference commence at the southwest corner of Section 30, Township
32 south, Range 38 east, Indian River County, Florida; thence run N00°26'45"E,
along the west boundary of said section, a distance of 150.00 feet to a point on a line
150.00 feet north of and parallel with the south line of said section 30 for the point of
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ORDINANCE NO. 2010- 004
beginning, thence run N00°26'45"E along said west boundary, a distance of 5153.81
feet; thence run S58°27'00"E, for a distance of 2621.03 feet; thence run
S00°20'55"W for a distance of 2638.63 feet; thence run N89°14'54"E for a distance
of 2619.42 feet; thence run S00°18'22"W for a distance of 2501.73 feet to a point on
said line lying 150.00 north of and parallel with the south line of said section 30;
thence run N89°44'51"W, along said line for a distance of 5250.01 feet to the point of
beginning.
All lying and being in Indian River County, Florida.
Is changed from AG -2, Agricultural -2 District (up to 1 unit/10 acres), to C-1, Conservation —
District (0 units/acre), and the Future Land Use Map is hereby revised accordingly.
SECTION 3. Reseal 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. 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 8 day of March 2010, for a
public hearing to be held on the 23rd day of March 2010 at which time it was moved for adoption
by Commissioner Wheeler , seconded by
Commissioner Solari , and adopted by the following vote:
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ORDINANCE NO. 2010- 004
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 COMMISSIONERS
OF INDIAN RIVER COUNTY
i
BY:
Peter D. O'Bryan, Chairman
ATTEST BY: ( Qu_'+ti- , 6 . C.
Jeffrey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
fee Alan S. Polachwich, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. eating, A C ; Co muni velopment Director
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