HomeMy WebLinkAbout2010-021ORDINANCE NO. 2010--_M
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
FUTURE LAND USE MAP BY EXPANDING THE COUNTY'S URBAN SERVICE
AREA AND BY CHANGING THE LAND USE DESIGNATION FOR
APPROXIMATELY ± 562.30 ACRES, LOCATED MAINLY WEST OF 102ND
AVENUE AND NORTH OF S.R. 60 FROM AG -2, AGRICULTURAL — 2 (UP TO 1
UNIT PER 10 ACRES), TO C/1, COMMERCIAL / INDUSTRIAL DISTRICT, 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
January 2010 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment
request on April 22, 2010, after due public notice, and
WHEREAS, the Local Planning Agency voted 6-0 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 June 8, 2010, 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 June 24, 2010, and
WHEREAS, the County received the Florida Department of Community Affairs Objections,
Recommendations, and Comments (ORC) report on August 26, 2010, and
WHEREAS, the Florida Department of Community Affairs had one objection and 4 comments
concerning this amendment and an associated Future Land Use Text Amendment, and
WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption
Public.Hearing on October 12, 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:
1
ORDINANCE NO. 2010- 021
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
To expand the county's Urban Service Area (USA) and to change the Future Land Use Map
designation from AG -2, Agricultural -2 (up to 1 unit/10 acres), to C/I, Commercial/Industrial, for
the following described property situated in Indian River County, Florida:
DESCRIPTION OF OVERALL LANDS FOR PROPOSED REZONING:
ALL THAT LAND LYING AND BEING A PORTION OF SECTION 32 AND 33 OF TOWNSHIP
32 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; AND PART OF TRACTS
2, 3, 4, 5 AND 6 OF SECTION 4, TOWNSHIP 33 SOUTH, RANGE 38 EAST; AND PART OF
TRACTS 1, 2 7 AND 8 OF SECTION 5, TOWNSHIP 33 SOUTH, RANGE 38 EAST,
ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS
COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID TRACT 7 OF
SECTION 5, TOWNSHIP 33 SOUTH, RANGE 38 EAST WITH THE NORTH RIGHT OF WAY
LINE OF STATE ROAD 60 HIGHWAY (PROJECT 88060-2503,200 FEET WIDE RIGHT OF
WAY) AS MARKED BY A FOUND 1 INCH DIAMETER IRON PIPE WITH CAP STAMPED
"FDOT/R-W", RUN NORTH 00°19'12" EAST ALONG THE WEST LINE OF SAID TRACT 7
AND WEST LINE OF TRACT 2, SAID WEST LINE OF TRACTS ALSO BEING THE EAST
RIGHT OF WAY LINE OF THE 100.00 FEET WIDE RIGHT OF WAY OF THE "WEST DIKE
AND DITCH" OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT (INDIAN
RIVER FARMS DRAINAGE DISTRICT) AS SHOWN ON AFORESAID PLAT OF THE INDIAN
RIVER FARMS COMPANY SUBDIVISION, A DISTANCE OF 2571.17 FEET TO THE
COMMON TOWNSHIP LINE OF TOWNSHIP 32 SOUTH, RANGE 38 EAST AND TOWNSHIP
33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID COMMON
TOWNSHIP LINE ALSO BEING THE NORTH RIGHT OF WAY LINE OF THE 100.00 FEET
WIDE RIGHT OF WAY OF THE "NORTH DIKE AND DITCH" OF THE INDIAN RIVER
FARMS WATER CONTROL DISTRICT (INDIAN RIVER FARMS DRAINAGE DISTRICT) AS
SHOWN ON AFORESAID PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION;
THENCE RUN SOUTH 89038'10" EAST ALONG SAID COMMON TOWNSHIP LINE ALSO
BEING THE SOUTH RIGHT OF WAY LINE OF A 30.00 FEET WIDE RIGHT OF WAY FOR
SEBASTIAN RIVER IMPROVEMENT DISTRICT (SEBASTIAN RIVER DRAINAGE
DISTRICT) (SEBASTIAN RIVER WATER CONTROL DISTRICT), AS RECORDED IN DEED
BOOK 32, PAGE 224, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, A
DISTANCE OF 19.67 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF
ORDINANCE NO. 2010- 021
THE WEST 100.00 FEET OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 32,
ALSO BEING THE EAST RIGHT OF WAY LINE OF A 100.00 FEET WIDE RIGHT OF WAY
FOR THE SEBASTIAN RIVER IMPROVEMENT DISTRICT (SEBASTIAN RIVER DRAINAGE
DISTRICT) (SEBASTIAN RIVER WATER CONTROL DISTRICT) AS RECORDED IN DEED
BOOK 34, PAGE 526, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE
RUN NORTH 000 03'06" WEST ALONG SAID EAST LINE OF THE WEST 100.00 FEET OF
THE SOUTHEAST ONE-QUARTER, AND SAID EAST RIGHT OF WAY LINE, A DISTANCE
OF 1626.38 FEET; THENCE RUN NORTH 72049'51" EAST A DISTANCE OF 658.28 FEET;
THENCE RUN NORTH 09040'13" WEST A DISTANCE OF 1075.27 FEET; THENCE RUN
NORTH 75038'17" EAST THROUGH SAID SECTION 32 AND AFORESAID SECTION 33, A
DISTANCE OF 4309.80 FEET; THENCE RUN SOUTH 13°29'23" EAST A DISTANCE OF
2266.92 FEET; THENCE RUN SOUTH 17°44'17" WEST A DISTANCE OF 565.67 FEET;
THENCE RUN SOUTH 06037'32" WEST A DISTANCE OF 575.80 FEET; THENCE RUN
SOUTH 24048'52" EAST A DISTANCE OF 734.92 FEET TO THE POINT OF INTERSECTION
OF THE NORTH/SOUTH ONE-QUARTER SECTION LINE OF AFORESAID SECTION 33,
ALSO BEING THE NORTH LINE OF THE AFORESAID 30.00 FEET WIDE RIGHT OF WAY
FOR THE SEBASTIAN RIVER IMPROVEMENT DISTRICT, THENCE RUN SOUTH 00000'48"
EAST A DISTANCE OF 30.00 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID
SECTION 33; THENCE RUN NORTH 89038'39" WEST ALONG SAID COMMON TOWNSHIP
LINE AND COMMON SECTION LINE, AND THE NORTH LINE OF AFORESAID 100.00
FEET WIDE RIGHT OF WAY OF THE "NORTH DIKE AND DITCH" OF THE INDIAN
RIVER FARMS WATER CONTROL DISTRICT (INDIAN RIVER FARMS DRAINAGE
DISTRICT) A DISTANCE OF 17.80 FEET TO THE NORTH QUARTER CORNER OF
AFORESAID SECTION 4, TOWNSHIP 33 SOUTH, RANGE 38 EAST; THENCE RUN SOUTH
00018'18" WEST ALONG THE NORTH/SOUTH ONE-QUARTER SECTION LINE OF
AFORESAID SECTION 4, A DISTANCE OF 100.00 FEET TO THE SOUTH LINE OF THE
AFORESAID 100.00 FEET WIDE RIGHT OF WAY OF THE "NORTH DIKE AND DITCH" OF
THE INDIAN RIVER FARMS WATER CONTROL DISTRICT (INDIAN RIVER FARMS
DRAINAGE DISTRICT); THENCE RUN SOUTH 89038'39" EAST ALONG SAID SOUTH LINE
AND NORTH LINE OF AFORESAID TRACT 2, SECTION 4, TOWNSHIP 33 SOUTH, RANGE
38 EAST TO THE INTERSECTION WITH THE EAST LINE OF THE WEST 291.62 FEET OF
THE NORTH 1150.57 FEET OF SAID TRACT 2, A DISTANCE OF 292.26 FEET; THENCE RUN
SOUTH 00019'07" WEST ALONG SAID EAST LINE, A DISTANCE OF 1150.54 FEET TO THE
SOUTH LINE OF SAID NORTH 1150.57 FEET OF SAID TRACT 2; THENCE RUN NORTH
89039'02" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 291.99 FEET TO THE
AFORESAID NORTH/SOUTH ONE-QUARTER SECTION LINE OF SECTION 4 AND
COMMON TRACT LINE OF SAID TRACT 2 AND AFORESAID TRACT 3, SECTION 4;
THENCE RUN SOUTH 00018'18" WEST ALONG SAID COMMON TRACT LINE A DISTANCE
OF 71.06 FEET TO THE NORTH RIGHT OF WAY LINE OF SUB -LATERAL "D-71)" CANAL
OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT 30' WIDE RIGHT OF WAY
(INDIAN RIVER FARMS DRAINAGE DISTRICT); THENCE RUN NORTH 89039'07" WEST
ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 2677.47 FEET TO THE
COMMON SECTION LINE OF SECTION 4 AND 5, TOWNSHIP 33 SOUTH, RANGE 38 EAST;
THENCE RUN NORTH 89042'04" WEST ALONG SAID NORTH RIGHT OF WAY LINE, A
DISTANCE OF 1322.63 FEET TO THE WEST TRACT LINE OF TRACT 1, ALSO BEING THE
EAST TRACT LINE OF AFORESAID TRACT 2, SECTION 5, TOWNSHIP 33 SOUTH, RANGE
38 EAST; THENCE RUN SOUTH 00019'21" WEST ALONG SAID EAST TRACT LINE OF
TRACT 2 AND THE EAST TRACT LINE OF AFORESAID TRACT 7, SECTION 5, TOWNSHIP
33 SOUTH, RANGE 38 EAST, A DISTANCE OF 1247.91 FEET TO THE AFORESAID NORTH
ORDINANCE NO. 2010- 021
RIGHT OF WAY LINE OF STATE ROAD 60 HIGHWAY; THENCE RUN NORTH 89038122"
WEST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 1222.58 FEET TO THE
POINT OF BEGINNING.
LESS AND EXCEPT THAT PORTION OF THE 100 FEET WIDE "NORTH DIKE AND
DITCH" OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT (INDIAN RIVER
FARMS DRAINAGE DISTRICT) AS SHOWN ON THE PLAT OF INDIAN RIVER FARMS
COMPANY SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF
ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA; AND
LESS AND EXCEPT THAT PORTION OF THE 30 FEET WIDE "SUB -LATERAL D-71)
CANAL" OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT (INDIAN RIVER
FARMS DRAINAGE DISTRICT) AS INDICATED IN QUIT CLAIM DEED, RECORDED IN
DEED BOOK 48, PAGE 23, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW
LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA;
AND LESS AND EXCEPT THAT PORTION OF THE SEBASTIAN RIVER IMPROVEMENT
DISTRICT (SEBASTIAN RIVER DRAINAGE DISTRICT) (SEBASTIAN RIVER WATER
CONTROL DISTRICT) "30 FEET WIDE RIGHT OF WAY" AS RECORDED IN DEED BOOK
32, PAGE 224, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
SUBJECT TO ALL EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS OF WAY
OF RECORD. CONTAINING 562.30 ACRES, MORE OR LESS.
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.
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,
0
ORDINANCE NO. 2010- 021
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 27 day of Sept , 2010, for a
public hearing to be held on the 12 day of Oct 2010 at which time it was moved for
adoption by Commissioner Sol a r i seconded by
Commissioner Wheel er , 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 COMMISSIONERS
OF INDIAN RIVER COUNTY . �ow�s51V1�RS ••
'y"'•
BY:
Peter D. O'Bryan, Chairman c4
ATTEST BY•
�pV- ; Je rey K. Barton, Cler
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO DLEGAL SUFFICIENCY
Alan S. Polachwi o Attorney
5
ORDINANCE NO. 2010 -
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AICP; Co unity r
opment Director
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