HomeMy WebLinkAbout1988-35 (2)8/25/88
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ORDINANCE NO. 88-35
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
LAND USE, AND TRANSPORTATION ELEMENTS OF THE COMPREHENSIVE
PLAN, AS WELL AS CHANGING THE LAND USE OF PROPERTY LOCATED
WITHIN THE UNINCORPORATED PORTIONS OF INDIAN RIVER COUNTY;
TO REDESIGNATE THE LAND USE OF' 7.4 ACRES SITUATED EAST OF
U.S. HIGHWAY 1 FROM A POINT SOUTH OF INDIAN RIVER BOULEVARD
TO THE SOUTH RELIEF CANAL, AND AMENDING THE TEXT OF THE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN REDEFINING THE
GEOGRAPHIC DESCRIPTION OF THE U.S. #1 COMMERCIAL CORRIDOR
EXCLUDING LAND FROM A POINT SOUTH OF THE INDIAN RIVER
BOULEVARD TO THE SOUTH RELIEF CANAL; CHANGING THE LAND USE
DESIGNATION FOR APPROXIMATELY 1.1 ACRES OF LAND SITUATED 560
FEET NORTH OF OSLO RD.. AND WEST OF 12TH AVE. S.W., AND
AMENDING THE TEXT OF THE LAND USE ELEMENT REDEFINING THE
GEOGRAPHIC DESCRIPTION FOR THE OSLO RD. MIXED. USE DISTRICT
EXTENDING THE DEPTH AN ADDITIONAL 150 FEET FOR 1.1 ACRES
SITUATED 560 FEET NORTH OF OSLO RD, AND WEST OF 12TH AVE.
S.W.; TO AMEND THE THOROUGHFARE PLAN OF THE TRANSPORTATION
ELEMENT BY DELETING ALL OF'A NORTH/SOUTH SECONDARY COLLECTOR
ROAD SITUATED IN GOVT. LOT 2 SEC. 15 TWP 315 RGE 39EI AMEND
THE THOROUGHFARE PLAN BY ADOPTING A SUBDIVISION COLLECTOR
MAP TO INCLUDE; RECLASSIFYING ALL COLLECTOR ROADS ON THE
NORTH BARRIER ISLAND TO SUBDIVISION COLLECTORS, ALL PORTIONS
OF 81ST, 77TH, 73RD, 69TH, 61ST., AND 57TH STREETS WHICH LIE
EAST OF U.S. 1, 30TH STREET FROM U.S. 1 TO COUNTRY CLUB
DRIVE, 2ND STREET FROM OLD DIXIE HIGHWAY TO 20TH AVENUE,
20TH AVNUE S.W. FROM 17TH LANE S.W. TO 25TH STREET S.W.,
32ND AVENUE FROM 4TH STREET TO 1ST STREET S.W. 33RD AVENUE
S.W. FROM OSLO ROAD TO 13TH STREET S.W., 63RD AVENUE FROM
4TH STREET TO,8TH STREET, 99TH STREET FROM U.S. 1 TO BREEZY
VILLAGE MHP, 87TH STREET FROM C.R. 510 TO 55TH AVENUE, 55TH
AVENUE FROM C.R. 510 TO 87TH STREET, 64TH AVENUE FROM 83RD
STREET TO 88TH STREET, INDIAN RIVER DRIVE FROM U.S. 1 TO
U.S. 11 ROSELAND ROAD FROM U.S. 1 TO INDIAN,RIVER DRIVE, OLD
DIXIE HIGHWAY FROM ROSELAND ROAD TO NORTH SEBASTIAN CITY
LIMITS, OLD DIXIE HIGHWAY FROM C.R. 512 TO U.S. 1, 28TH
COURT FROM 45TH STREET TO 49TH STREET, 40TH AVENUE FROM 45TH
STREET TO 49TH STREET, 38TH AVENUE FROM 41ST STREET TO 45TH
STREET; TO AMEND THE THOROUGHFARE PLAN OF THE TRANSPORTATION
ELEMENT BY; ADDING 102ND AVENUE FROM S.R. 60 TO 4TH STREET
AS A COLLECTOR, ADDI6TH AND 12TH STREETS BETWEEN 98TH AND
102ND AVENUES AS COLLECTORS, DELETE 101ST AVENUE BETWEEN
87TH STREET AND C.R. 510, DELETE 61ST STREET EAST OF 58TH
AVENUE, RECLASSIFY 31ST AVENUE BETWEEN 41ST STREET AND 45TH
STREET FROM COLLECTOR TO SUBDIVISION COLLECTOR AND ADD THIS
TO THE SUBDIVISION COLLECTOR MAP, RECLASSIFY 33RD AVENUE
BETWEEN 45TH STREET AND 49TH STREET FROM COLLECTOR TO
SUBDIVISION COLLECTOR AND ADD THIS TO THE SUBDIVISION
COLLECTOR MAP, DELETE 33RD AVENUE BETWEEN 49TH STREET AND
53RD STREET; AND TO AMEND THE CAPITAL IMPROVEMENTS SECTION
OF THE TRANSPORTATION ELEMENT TO INCORPORATE ALL AMENDMENTS
TO THIS ELEMENT CONTAINED WITHIN THIS PROPOSED ORDINANCE;
AND PROVIDING FOR CODIFICATION, SEVERABILITY AND EFFECTIVE
DATE.
WHEREAS, Chapter 163 of the Florida Statues requires that local
governments prepare and adopt Comprehensive Plans; and
Coding: Words in OtIIAOX fl4j1A type are deletions from existing
law. Words underlined are additions.
ORDINANCE NO.
WHEREAS, The Board of County Commissioners has adopted a
Comprehensive Plan pursuant to Florida Statues, and
WHEREAS, Florida Statues provide for the amendment of
Comprehensive Plans twice per calender year; and
WHEREAS, The Planning and Zoning Commission, sitting as the local.
planning agency, has held public hearings and made
recommendations concerning these amendments; and
WHEREAS, The Board of County Commissioners has held public
hearings at which parties in interest and citizens were allowed
to be heard; and
WHEREAS, The Board of County Commissioners has determined that
these amendments are consistent with the general spirit and
intent of the County's Comprehensive Plan;
NOW THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that the
accompanying Land Use Map be amended as follows:
SECTION 1
The section entitled : "U.S. 1 Commercial Corridor" found on
Page 37 of the Land Use .Element of the Comprehensive Plan is
hereby amended as follows:
U.S. #1 COMMERCIAL CORRIDOR
A commercial corridor exists along the east side of U.S. 1
from the Vero Beach City Limits south to the South Relief Canal.
The eastern boundary of this commercial corridor shall be
approximately 600 feet east of the east right-of-way line of U.S.
1, except for the southern 1130 feet of the corridor as measured
northward from the north line of the south relief canal, at which
point the width -of the corridor_ decreases to 400 feet east of
U.S. 1. However, properties within 044 the 600 foot wide
section of the corridor which abut residentially -zoned property
Coding: Words in ¢t�¢1ff i�l�1d type are deletions from existing
law. Words underlined are additions.
ORDINANCE NO,
to the east of the commercial corridor may receive consideration
by the Board of County Commissioners for residential zoning.
Moreover, the Board of County Commissioners may also consider
extending the commercial zoning beyond the 600 foot depth of the
corridor if the subject property abuts commercial zoning, is not
more than 800 feet east of the east right-of-way line of U.S. 1,
and can meet one of the following criteria:
1. The property is located on an arterial street as
designated on the County's Thoroughfare Plan;
2. The property is part of a larger parcel of land that
has at least 100 feet of frontage on U.S. 1 and extends
more than 600 feet east of the east right-of-way line
of U.S. 1; or
3. The property is split by the 600 foot boundary of the
commercial corridor with the major part of the property
zoned commercial.
The section entitled "OSLO ROAD MIXED USE DISTRICT" found on
page 39 of the Land Use Element of the Comprehensive Plan is
hereby amended as follows.
Oslo Road is the major east -west thoroughfare serving the
southern part of the county. The greatest amount of new
residential development will occur within the South County areas
therefore, a Mixed Use District along Oslo Road has been
established to accommodate the anticipated growth.
The Mixed Use District on Oslo Road consists of two separate
areas. One area includes land for a depth of three hundred feet
between 12th and 10th Avenue. A strip of the MXD district also
extends to a de th of 750 feet from Oslo Road on the north side
of Oslo Road along the west side of 12th Avenue S.W. This strip
is 322 feet in width as measured west from the west right-of-way
line of 12th Avenue S.W.
Coding: Words in tjAOYt WiA type are deletions from existing
law. Words underlined are additions.
0
ORDINANCE NO.
Avenue to 43rd Avenue. To the south of Oslo Road and 43rd Avenue
the area extends 600 feet and then runds eastward to a point
approximately 200 feet east of 35th Avenue.
Where future residential development occurs within the two
mixed use areas of this district, densities shall not exceed six
(6) units per acre.
Comprehensive Plan is hereby amended by redesignating the
following described property from Commercial to MD -2, Medium
Density Residential 2.
A PARCEL LYING IN PORTIONS OF SECTION 18, TOWNSHIP 33 SOUTH,
RANGE '40 EAST AND SECTION 13, TOWNSHIP 33 SOUTH, RANGE 39 EAST,
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 18 (ALSO
BEING THE EAST QUARTER CORNER OF SAID SECTION 13) RUN SOUTH
89053'24" EAST, ALONG THE QUARTER SECTION LINE, 274.36 FEET,
THENCE SOUTH 05004100" WEST, 975.30 FEET TO THE NORTHERLY RIGHT
-OF-WAY LINE OF THE SOUTH RELIEF CANAL; THENCE SOUTH 74014136"
WEST, ALONG SAID RIGHT-OF-WAY 524.93 FEET TO THE EASTERLY RIGHT
-OF-WAY OF U.S. HIGHWAY N0. 1 AND TO A POINT ON THE CURVE,
CONCAVE WESTERLY HAVING A RADIUS OF 9649.39 FEET AND THROUGH
WHICH A RADIAL LINE BEARS SOUTH 73045'03" WEST; THENCE RUN
NORTHWESTERLY 1072.61 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 6022'08"; THENCE RUN NORTH 37032'06" EAST,
107.54 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE NORTHERLY,
HAVING A RADIUS OF 647.96 FEET AND THROUGH WHICH A RADIAL LINE
BEARS NORTH 4001'20" WEST; THENCE RUN NORTHEASTERLY 108.28 FEET
ALONG THE ARC ,OF SAID CURVE THROUGH THE CENTRAL ANGLE OF
9034'29" TO A POINT ON THE QUARTER LINE OF SAID SECTION 13,
THENCE NORTH 89047153" EAST, ALONG SAID QUARTER SECTION LINE
501.31 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPTING THE
WESTERLY. 400 FEET THEREOF.
ALL THE ABOVE SITUATE IN INDIAN RIVER COUNTY, FLORIDA,
AND SUBJECT TO AN ENTRANCE ROAD EASEMENT AS RECORDED IN
OFFICIAL RECORD BOOK 618, PAGE 2244 OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
Coding: Words in OtilAOX M414 type are deletions from existing
law. Words underlined are additions.
The
is described
as:
subject property
A PARCEL LYING IN PORTIONS OF SECTION 18, TOWNSHIP 33 SOUTH,
RANGE '40 EAST AND SECTION 13, TOWNSHIP 33 SOUTH, RANGE 39 EAST,
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 18 (ALSO
BEING THE EAST QUARTER CORNER OF SAID SECTION 13) RUN SOUTH
89053'24" EAST, ALONG THE QUARTER SECTION LINE, 274.36 FEET,
THENCE SOUTH 05004100" WEST, 975.30 FEET TO THE NORTHERLY RIGHT
-OF-WAY LINE OF THE SOUTH RELIEF CANAL; THENCE SOUTH 74014136"
WEST, ALONG SAID RIGHT-OF-WAY 524.93 FEET TO THE EASTERLY RIGHT
-OF-WAY OF U.S. HIGHWAY N0. 1 AND TO A POINT ON THE CURVE,
CONCAVE WESTERLY HAVING A RADIUS OF 9649.39 FEET AND THROUGH
WHICH A RADIAL LINE BEARS SOUTH 73045'03" WEST; THENCE RUN
NORTHWESTERLY 1072.61 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 6022'08"; THENCE RUN NORTH 37032'06" EAST,
107.54 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE NORTHERLY,
HAVING A RADIUS OF 647.96 FEET AND THROUGH WHICH A RADIAL LINE
BEARS NORTH 4001'20" WEST; THENCE RUN NORTHEASTERLY 108.28 FEET
ALONG THE ARC ,OF SAID CURVE THROUGH THE CENTRAL ANGLE OF
9034'29" TO A POINT ON THE QUARTER LINE OF SAID SECTION 13,
THENCE NORTH 89047153" EAST, ALONG SAID QUARTER SECTION LINE
501.31 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPTING THE
WESTERLY. 400 FEET THEREOF.
ALL THE ABOVE SITUATE IN INDIAN RIVER COUNTY, FLORIDA,
AND SUBJECT TO AN ENTRANCE ROAD EASEMENT AS RECORDED IN
OFFICIAL RECORD BOOK 618, PAGE 2244 OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
Coding: Words in OtilAOX M414 type are deletions from existing
law. Words underlined are additions.
ORDINANCE NO.
Comprehensive Plan is hereby amended by redesignating the
following described property from LD -2, Low -Density Residential 2
to MXD, Mixed Use District.
The subject property is described as:
The north 150 feet of the south 240 feet of the following
described parcel. A parcel of land situated in.Indian River
County, Florida, being the east 20 acres less the west 10.19
acres of the east 20 acres and also, less the south 560 feet
of the east .20 acres 0 all in Tract 16, Section 23, Township
33 South, Range 39 East, according to the last general plat
of lands of the Indian River Farms Company Subdivision,
filed in Plat Book 2, page 25, Public Records of St. Lucie
County, Florida. Containing 5.66 acres, more or less.
SECTION 5
The Thoroughfare Plan Map (Attachment "A") and Subdivision
Collector Map (Attachment "B") of the Transportation Element of
the Comprehensive Plan is hereby amended by:
1. Adding 102nd Avenue as a collector road from S.R. 60 to
4th Street;
2. Adding 16th Street as a collector road from 98th Avenue
to 102nd Avenue,
3. Adding 12th Street as a collector road from 98th Avenue
to 10.2nd Avenue,
4. Deleting 61st Street as a collector road east of 58th
Avenue;
5. Reclassifying the north barrier island roads from
collector to subdivision collector roads;
6. Reclassifying 31st Avenue between 41st Street and 45th
Street from a collector to a subdivision collectors
7. Reclassifying 33rd Avenue from a collector to a
subdivision collector between 45th Street_ and 49th
Street;
8. Deleting 33rd Avenue between 49th Street and 53rd
Street;
9. Deleting the north/south secondary collector road in
Government Lot 2, Section 15, Township 3.1 South, Range
39 East.
10. Adding the following roads as subdivision collectors to
the Subdivision Collector Map:
a) 81st Street east of U.S. 1;
b) 77th Street east of U.S. 1;
c) 69th Street east of U.S. 1;
d) 65th Street east of U.S. l;
e) 61st Street east of U.S. 1;
Coding: Words in OttAOY, ti 1A type are deletions from existing
law. Words underlined are additions.
f) 57th Street east of U.S. 1;
g) 20th Avenue S.W. from 17th Lane S.W. to 25th
Street S.W.;
h) 30th Street from U.S. 1 to Country Club
Drive;
I) 32nd Avenue from 4th Street to 1st Street
S.W.;
j) 33rd Avenue S.W. from Oslo Road to 13th
Street S.W.;
k) 63rd Avenue from 4th Street to 8th Street;
1) 99th Street from U.S. 1 to Breezy Village
M.H.P;
M) 87th Street from U.S. Hwy 1 to 55th Avenue;
n) 55th Avenue from C.R. 510 to 87th Street;
o) 64th Avenue from 83rd Street to 88th Street;
P) Indian River Drive from U.S. 1 to U.S. 1;
q) Roseland Road from U.S. 1 to Indian River
Drive;
r) Old Dixie Highway from Roseland Road to North
Sebastian City Limits,
s) Old Dixie Highway from C.R. 512 to U.S. 1;
t) 28th Court from 45th Street to 49th Street;
u) 40th Avenue from 45th Street to 49th Street;
v) 38th Avenue from 41st Street to 45th Street,
SECTION 6
CODIFICATION
The provisions of this ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or rel ettered to accomplish
such intentions.
If any section, part of a sentance, paragraph, pharase or
word of this ordinance is for any reason held to be unconstit-
utional, inoperative or void, such holdings shall not affect the
remaining portions hereof and it shall be construed to have been
the legislative intent to pass this ordinance without such
unconstitutional, invalid or inoperative part.
SECTION 8
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official
acknowledgement that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this day of 1988.
Coding: Words in Ot,1140X t9tiA type are deletions from existing
law. Words
underlined
are additions.
ORDINANCE N0, 88-35
This ordinance was advertised in the Vero Beach
Press -Journal on the 30 day of Aug. 1988. for a public
hearing to be held on the 6th day of Sept. 1988, at which
time it was moved for adoption by Commissioner Eggert ,
seconded by Commissioner Bowman and adopted by the following
vote:
Chairman Don C. Scurlock, Jr. Aye
Vice Chairman Gary C. Wheeler Absent
Commissioner Richard N. Bird Aye
Commissioner Margaret C. -Bowman Aye
Commissioner Carolyn K. Eggert Aye
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OF INDIAN RIVER COUNTY
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ATTEST BY: ZCJ '!
FREDA RIS ,:,
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Acknowledgment by the Department of State of the Stat,e`of''Florida
this 12th day of September 19880it F IF
F.
Effective Date: Acknowledgment from the Department of State
received on this 15th day of September 1988, at
11:00 A.M./P.M. and filed in the office of the Clerk of
the Board of County Commissioners. of Indian River County,
Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
(Q pC.;`-t� - �) U`FAA -� -�
William G. Collins II, Assistant County Attorney
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David Nearing
Staff Planner, Long -Range Planning
Land Use Ord.
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At"tachment "A"
Indian River County
Thoroughfare Plan
SUBDIVISION COLLECTOR
MAP
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R.510 < lab
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Source: Indian River County
Planning Dept.
Date: 8/88
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8th ST SW
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Attachment Ni
Subdivislon _
Collector