HomeMy WebLinkAbout2010-006ORDINANCE NO. 2010-006
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE
LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR:
A. APPROXIMATELY f 6.4 ACRES LOCATED AT 4650 85TH STREET,
SEBASTIAN FROM L-2, LOW DENSITY RESIDENTIAL -2 DISTRICT
(UP TO 6 UNITS/ACRE), TO C/1, COMMERCIAL/ INDUSTRIAL
DISTRICT; AND
B. APPROXIMATELY ±6.4 ACRES LOCATED AT 4310 77TH STREET,
VERO BEACH FROM C/I, COMMERCIAL/ INDUSTRIAL DISTRICT,
TO L-2, LOW DENSITY RESIDENTIAL -2 DISTRICT (UP TO 6
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 comprehensive plan amendment applications 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 3-2 to recommend that the Board of County
Commissioners transmit the comprehensive plan amendment listed below 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
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
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ORDINANCE NO. 2010-006
WHEREAS, the Florida Department of Community Affairs had no objections, recommendations, or
comments concerning this amendment; and
WHEREAS, the Board of County Commissioners of Indian River County 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:
A parcel of land lying in Section 28, Township 31 South, Range 39
East, Indian River County, Florida, said parcel also being a portion
of Naranja tract Shellmound beach according to the plat thereof as
recorded in plat book 5, page 23 of the public records of St. Lucie
(now Indian River) County Florida and also a portion of Weona
Park, according to the plat thereof, as recorded in plat book 2, page
17, of the public records of Indian River County, Florida, said parcel
being more particularly described as follows:
Commence at the northwest corner of government lot 6, said section
28; thence S00°20'26"E, a distance of 25.82 feet to the point of
beginning and a point on the south right of way line of Bridge
Boulevard; thence N75°21'55"E, along said right of way line a
distance of 534.86 feet; thence S33°35'20"E, a distance of 136.73 feet
to a point on the northerly right of way line of State Road AIA and a
point on a line that is 40.00 feet northerly of, as measured at right
angles to, the centerline of said State Road 510 said point also being
the point of curvature of a curve, concave to the southeast, having a
radius of 2904.79 feet, a central angle of 10°49'18", and a chord of
547.82 feet bearing S50°34'18"W; thence southwest along the ARC
of said curve, a distance of 548.63 feet; thence S45°09'39"W, a
distance of 314.19 feet to a point on the centerline of 86th Street;
thence N89°52'02"W, along said centerline, a distance of 353.92 feet
to a point on the east right of way line of 47`h Street; thence
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ORDINANCE NO. 2010- 006
N00°21'55"W along said right of way line of 47`h Street and the west
line of block 8 of said plat of Weona Park, a distance of 269.58 feet,
to the northwest corner of said block 8; thence S89°54'14"E, along
the north line of said block 8, a distance of 410.08 feet to a point on
the common line between said plats of Naranja tract Shellmound
beach and Weona Park; thence N00020'25"W, along said line, a
distance of 278.53 feet to the point of beginning.
Said parcel containing 6.407 acres, more or less.
Is changed from L-2, Low Density Residential -2 (up to 6 units/acre), to C/I,
Commercial/Industrial District, and the Future Land Use Map is hereby revised
accordingly.
AND
Parcel B:
A portion of the southeast quarter of the southeast quarter of
Section 33, Township 31 South, Range 39 east lying west of Florida
East Coast Railway right-of-way, being more particularly described
as follows:
Commencing at the southwest corner of the southeast '/4 of the
southeast 1/4 of said Section 33; thence N00°29'56"E along the west
line of said southeast 1/4 of the southeast '/4 of Section 33 a distance of
240.01 feet to the north line of Hobart Estates as recorded in plat
book 8, page 20 of the public records of Indian River County,
Florida; thence S89°57'26"E along said north line of Hobart Estates
a distance of 180.01 feet to the point of beginning of the herein
described parcel; thence N00°29'56"E along a line that is parallel
with and 180.00 feet east of the said west line of the southeast '/4 of
the southeast '/4 of Section 33 by perpendicular measurement for a
distance of 1090.22 feet to the north line of said southeast 1/4 of the
southeast 1/4 of Section 33; thence N89°57'06"E along said north line
of southeast 1/4 of the southeast 1/4 of Section 33 a distance of 328.96
feet to the westerly right of way line of the Florida East Coast
Railway; thence S25°54'29"E along said westerly right of way line a
distance of 458.27 feet; thence S63°59'19"W a distance of 513.49 feet;
thence S00°29'56" a distance of 453.12 feet to the said north line of
Hobart Estates; thence N89057'26"W along said north line a distance
of 73.26 feet to the point of beginning. Containing 6.4047 acres more
or less.
Subject to easements, restrictions, reservations and rights of way of
record, if any.
All lying and being in Indian River County, Florida.
Is changed from CA, Commercial/Industrial District, to L-2, Low Density Residential — 2
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District (up to 6 units/acre), and the Future Land Use Map is hereby revised accordingly.
SECTION 3. Repeal of Conflictin>; 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. Severabilitv
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)(6), 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 8thday 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 Davis seconded by
Commissioner Solari , and adopted by the following vote:
Peter D. O'Bryan, Chairman
Aye
Bob Solari, Vice Chairman
Aye
Gary C. Wheeler, Commissioner
Nay
Wesley S. Davis, Commissioner
Aye
Joseph E. Flescher, Commissioner
Aye
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ORDINANCE NO. 2010- 006
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
i
BY:
Q�t,
Peter D. O'Bryan, Chairman
ATTEST BY:
Jeffrey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO F07
VYL A, - io T LEGAL SUFFICIENCY
Alan S. Polachwich, ounty Attorney
APPROVED AS TO PLANNING MATTERS
Ro ert M. Keating, AICP; Tmmuni evelopment Director
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