HomeMy WebLinkAbout2003-026C� ' � ���Z•I► IZIC 1
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING THE LAND
USE DESIGNATION FOR 14.1 ACRES LOCATED AT THE SOUTHWEST CORNER OF
53RD STREET AND INDIAN RIVER BOULEVARD FROM M-1, MEDIUM DENSITY
RESIDENTIAL4 (UP TO 8 UNITS/ACRE), TO C/I (COMMERCIAL/INDUSTRIAL), AND
FOR APPROXIMATELY 23.8 ACRES LOCATED SOUTH OF GRAND HARBOR
BOULEVARD AND WEST OF INDIAN RIVER BOULEVARD FROM C/I,
COMMERCIAL/INDUSTRIAL, TO M4, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8
UNITS/ACRE), AND FOR APPROXIMATELY 4 ACRES AT THE SOUTHWEST CORNER
OF GRAND HARBOR BOULEVARD AND INDIAN RIVER BOULEVARD FROM M-1,
MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS/ACRE), TO C/I
(COMMERCIAL/1NDU S TRIAL)
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
2001 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan
amendment request on May 8, 2003, after due public notice, and
WHEREAS, the Local Planning Agency made a recommendation regarding this
comprehensive plan amendment to the Board of County Commissioners, and
WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal
Public Hearing on June 10, 2003, after advertising pursuant to F.S. 163.3184(15)(b) 1 and (c),
and
WHEREAS, the Board of County Commissioners approved the transmittal of this
comprehensive plan amendment to the Florida Department of Community Affairs with no
request for State review pursuant to F.S.163.3184, 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, 2003, and
• , / 0
WHEREAS, Indian River County received the concurrence letter dated July 30, 2003, from
the Florida Department of Community Affairs that the amendment does not require state review,
and
WHEREAS, the Board of County Commissioners of Indian River County held a
Comprehensive Plan Amendment Adoption Public Hearing on September 2, 2003, after
advertising pursuant to Chapter 163.3184(15)(b)2 and (c), FS and Chapter 125.66(4), FS;
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 three (3) copies are directed to be transmitted to the State of Florida
Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure
Coast Regional Planning Council,
SECTION 2. Amendments to the Comprehensive Plan
The following described properties situated in Indian River County, Florida:
THE NORTH 20 ACRES OF THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER
COUNTY, FLORIDA. ALL LYING AND SITUATED WEST OF THE WEST RIGHT OF
WAY LINE OF INDIAN RIVER BOULEVARD (200' WIDE ROW) AS PER CORRECTIVE
DEED RECORDED IN OFFICIAL RECORDS BOOK 895, PAGE 773, OF. THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THAT
CERTAIN PORTION CONVEYED TO INDIAN RIVER COUNTY, FLORIDA FOR 53RD
STREET ROW.
AND A HIATUS OF LAND CREATED BY LEGAL DESCRIPTIONS OF PARCELS LYING
SOUTH OF THE NORTH 20 ACRES OF THE NORTHEAST '/2 OF THE NORTHWEST '/4
AND NORTH OF THE NORTH '/2 OF THE SOUTH '/2 OF THE NORTHEAST '/40F THE
NORTHWEST '/4 IN SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ALL LYING
WEST OF THE WEST ROW OF THE 200' WIDE INDIAN RIVER BOULEVARD, INDIAN
RIVER COUNTY, FLORIDA. SAID DESCRIBED HIATUS BEING APPPROXIMATELY 12
FEET WIDE MORE OR LESS.
ALL OF THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ORDINANCE NO. 2003. 026
COMMENCING AT THE NORTHEAST CORNER OF THE NW '/4 OF SECTION 23,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN N. 890 42 16" W ALONG THE NORTH
LINE OF THE NE '/4 OF SAID NW '/4 OF SECTION 23 A DISTANCE OF 1338.7 FEET TO
THE WEST LINE OF THE NE '/4 OF SAID NORTHWEST '/4 OF SECTION 23; THENCE
RUN S.00°.09'37"w ALONG SAID WEST LINE A DISTANCE OF 58 FEET TO THE SOUTH
RIGHT OF WAY LINE OF 53RD ST (ROW VARIES) AND POINT OF BEGINNING,
FROM SAID POINT OF BEGINNING RUN S.890 42'16" E ALONG SAID SOUTH ROW
LINE A DISTANCE OF 429.47 FEET TO THE WEST LINE OF INDIAN RIVER
BOULEVARD (220' WIDE ROW) AS PER CORRECTIVE DEED 895, PAGE 773, INDIAN
RIVER COUNTY, FLORIDA; THENCE RUN S.00° 17' 45" W ALONG SAID WEST ROW
LINE OF INDIAN RIVER BOULEVARD A DISTANCE OF 319.82 FEET TO THE POINT OF
CURVATURE; THENCE * RUN SOUTHEASTERLY ALONG THE CURVE CONCAVE TO
THE EAST HAVING A RADIUS OF 2000.00 FEET, A CENTRAL ANGLE OF 8012314"
SUBTENDED BY A CHORD BEARING AND DISTANCE OF S 03°43'22" E 286.12' AND
AN ARC DISTANCE OF 286.37 FEET TO THE NORTH LINEOF THE NORTH '/2 OF THE
SOUTH '/z OF THE NE '/4 OF THE NW/40F SAID SECTION 23; THENCE RUN N 890 41'
16" W ALONG SAID NORTH LINE A DISTANCE OF 448.5 FEET TO THE
AFOREMENTIONED WEST LINE OF THE NE '/4 OF THE NW '/4 OF SECTION 23;
THENCE RUN N 000 09' 37" EAST ALONG SAID WEST LINE A DISTANCE OF 593.17
FEET TO THE POINT OF BEGINNING.
BEING A PART OF THE NORTHEAST '/4 OF THE NORTHWEST 1/4, SECTION 23,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING WEST OF INDIAN RIVER
BOULEVARD, BEING MORE FULLY DESCRIBED AS FOLLOWS:
THE NORTH '/2 OF THE SOUTHOF THE NORTHEAST '/4 OF THE NORTHWEST
TOGETHER WITH THE SOUTH '/2 OF THE SOUTH %2 OF THE NORTHEAST '/40F THE
NORTHWEST '/4 OF SAID SECTION 23.
Are redesignated from M-1, Medium -Density Residential4 (up to 8 units/acre), TO C/I,
Commercial/Industrial, and the Future Land Use Map is hereby revised accordingly.
BEING A PART OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN
RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 23; THENCE
ALONG THE SOUTH LINE OF SAID SECTION 23, N89°54'01 "W, A DISTANCE OF
ORDINANCE NO, 2003- 026
2,666.75 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 23; THENCE
ALONG THE QUARTER SECTION LINE OF SAID SECTION 23, N00005'07"E, A
DISTANCE OF 1,394.89 FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON
THE NORTH LINE OF LANDS CONVEYED TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION PER O.R. BOOK 0961, PAGE 2553 OF THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID
LANDS CONVEYED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION,
N89054127"W, A DISTANCE OF 944.68 FEET TO THE POINT OF CURVE OF A NON
TANGENT CURVE, SAID POINT LYING ON THE EASTERLY LINE OF SAID LANDS
CONVEYED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION; THENCE
ALONG SAID EASTERLY LINE ALONG A CURVE TO THE LEFT, OF WHICH THE
RADIUS POINT BEARS S75018'33"W HAVING A DELTA OF 0105752" A RADIUS OF
17,328.78 FEET AN ARC LENGTH OF 594.13 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY OF HARBOR DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-
WAY OF HARBOR DRIVE, N73007'28"E, A DISTANCE OF 10.36 FEET TO A POINT OF
CURVE; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY OF
HARBOR DRIVE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 37030'55" A
RADIUS OF 548.00 FEET AN ARC LENGTH 358.81 FEET TO A POINT OF REVERSE
CURVE; THENCE CONTINUE ALONG SAID ,SOUTHERLY RIGHT-OF-WAY OF
HARBOR DRIVE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 30008'23" A
RADIUS OF 547.14 FEET AN ARC LENGTH OF 287.82 FEET; THENCE CONTINUE
ALONG SAID SOUTHERLY RIGHT-OF-WAY OF HARBOR DRIVE, N6504415611E, A
DISTANCE OF 52.08 FEET TO THE SOUTHWESTERLY MOST CORNER OF A WATER
MANAGEMENT TRACT LYING AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF INDIAN RIVER BOULEVARD AND HARBOR DRIVE AS DEPICTED
ON GRAND HARBOR - PLAT 1 (SHEET 3) AS RECORDED IN PLAT BOOK 12, PAGE 62
OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE ALONG
THE SOUTH LINE OF SAID WATER MANAGEMENT TRACT, N65044156"E, A
DISTANCE OF 80.44 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE;
THENCE CONTINUE ALONG THE SOUTH LINE OF SAID WATER MANAGEMENT
TRACT ALONG A CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT BEARS
S24015'07"E HAVING A DELTA OF 25019'01" A RADIUS OF 349.06 FEET AN ARC
LENGTH OF 154.24 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE;
THENCE CONTINUE ALONG THE SOUTH LINE OF SAID WATER MANAGEMENT
TRACT ALONG A CURVE TO THE LEFT, OF WHICH THE RADIUS POINT BEARS
N01003'49"E HAVING A DELTA OF 52034'51" A RADIUS OF 182.14 FEET AN ARC
LENGTH OF 167.15 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE;
THENCE CONTINUE ALONG THE SOUTH LINE OF SAID WATER MANAGEMENT
TRACT ALONG A CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT BEARS
S51030'31"E HAVING A DELTA OF 44058'32" A RADIUS OF 180.62 FEET AN ARC
LENGTH OF 141.78 FEET; THENCE S45°04'51"E, A DISTANCE OF 108.91 FEET; THENCE
S31 °14'31 "E, A DISTANCE OF 126.33 FEET; THENCE S58045'29"W, A DISTANCE OF
34.20 FEET; THENCE S00°22'21 "E, A DISTANCE OF 227.76 FEET TO THE POINT OF
CURVE OF A NON TANGENT CURVE; THENCE ALONG A CURVE TO THE RIGHT, OF
WHICH THE RADIUS POINT BEARS SO4056'40"W HAVING A DELTA OF 58052'30" A
ORDINANCE NO. 2003- 026
RADIUS OF 275.00 FEET AN ARC LENGTH OF 282.58 FEET; THENCE S26°10'54"E, A
DISTANCE OF 8.98 FEET; THENCE N89°54'41 "W, A DISTANCE OF 289.82 FEET TO A
POINT ON THE QUARTER SECTION LINE; THENCE ALONG SAID QUARTER SECTION
LINE, S0000510711W, A DISTANCE OF 592.45 FEET BACK TO THE POINT OF
BEGINNING,
CONTAINING 150305512 SQUARE FEET OR 23.7 ACRES, MORE OR LESS. SUBJECT TO
ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD,
BEING A PART OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN
RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 23; THENCE
ALONG THE SOUTH LINE OF SAID SECTION 23, N89°54'01 "W, A DISTANCE OF
2,189.54 FEET; THENCE N00°05'07"E, A DISTANCE OF 1,987.44 FEET TO THE POINT OF
BEGINNING; THENCE N63°49'09"E, A DISTANCE OF 131.97 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD; THENCE ALONG
SAID WESTERLY RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD, S2601011711E,
A DISTANCE OF 65.13 FEET; THENCE N89°54'44"W, A DISTANCE OF 147.15 FEET
BACK TO THE POINT OF BEGINNING.
CONTAINING 4,297.71 SQUARE FEET OR 0.10 ACRES, MORE OR LESS, SUBJECT TO
ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
Are redesignated from C/1, Commercial/Industrial, to M4, Medium -Density Residential -1
(up to 8 units/acre), and the Future Land Use Map is hereby revised accordingly.
AND
BEING A PART OF SECTION 235 TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN
RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 23; THENCE
ALONG THE SOUTH LINE OF SAID SECTION 23, N89°54'01 "W, A DISTANCE OF
2,340.23 FEET; THENCE N00005'07"E, A DISTANCE OF 1,913.04 FEET TO THE POINT OF
BEGINNING; THENCE N2601 0'50"W, A DISTANCE OF 82.94 FEET; THENCE S89'54'41 "E'
A DISTANCE OF 187.39 FEET; THENCE S63049'09"W, A DISTANCE OF 168.03 FEET
BACK TO THE POINT OF BEGINNING.
CONTAINING 6,968 SQUARE FEET OR 0.2 ACRES, MORE OR LESS. SUBJECT TO ALL
EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
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BEING A PART OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN
RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY MOST CORNER OF A WATER
MANAGEMENT TRACT LYING AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF INDIAN RIVER BOULEVARD AND HARBOR DRIVE AS DEPICTED
ON GRAND HARBOR - PLAT 1 (SHEET 3) AS RECORDED IN PLAT BOOK 12, PAGE 62
OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE ALONG
THE SOUTH LINE OF SAID WATER MANAGEMENT TRACT, N6504512911W, A
DISTANCE OF 412.48 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE;
THENCE CONTINUE ALONG SAID SOUTH LINE OF SAID WATER MANAGEMENT
TRACT ALONG A CURVE TO THE LEFT, OF WHICH THE RADIUS POINT BEARS
S24014'26"W HAVING A DELTA OF 30046'17" A RADIUS OF 180.62 FEET AN ARC
LENGTH OF 97.01 FEET; THENCE N45004'51 "W, A DISTANCE OF 29.55 FEET; THENCE
N81037'47"W, A DISTANCE OF 74.53 FEET; THENCE S53022'13"W, A DISTANCE OF
161.56 FEET; THENCE N43°56'00"W, A DISTANCE OF 64.43 FEET TO THE POINT OF
CURVE OF A NON TANGENT CURVE, SAID POINT LYING ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF HARBOR DRIVE; THENCE ALONG SAID SOUTHERLY
RIGHT-OF-WAY LINE OF HARBOR DRIVE ALONG A CURVE TO THE LEFT, OF
WHICH THE RADIUS POINT BEARS N54029'05"W HAVING A DELTA OF 06019'23" A
RADIUS OF 548.00 FEET AN ARC LENGTH OF 60.47 FEET; THENCE CONTINUE
ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF HARBOR DRIVE, N29013'13"E, A
DISTANCE OF 102.46 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE;
THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF HARBOR
DRIVE ALONG A CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT BEARS
S60046'48"E HAVING A DELTA OF 24014'41" A RADIUS OF 452.00 FEET AN ARC
LENGTH OF 191.26 FEET; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-
WAY LINE OF HARBOR DRIVE, N53027'54"E, A DISTANCE OF 200.00 FEET TO A
POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF INDIAN RIVER
BOULEVARD, S3505910311E, A DISTANCE OF 224.86 FEET TO THE POINT OF CURVE OF
A NON TANGENT CURVE; THENCE CONTINUE ALONG SAID WESTERLY RIGHT-OF-
WAY LINE OF INDIAN RIVER BOULEVARD ALONG A CURVE TO THE RIGHT, OF
WHICH THE RADIUS POINT BEARS S55015'29"W HAVING A DELTA OF 05053'44" A
RADIUS OF 4,414.81 FEET AN ARC LENGTH OF 454.28 FEET BACK TO THE POINT OF
BEGINNING.
CONTAINING 163,814 SQUARE FEET OR 3.8 ACRES, MORE OR LESS. SUBJECT TO
ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
ORDINANCE NO. 2003- 026
Are redesignated from M4, Medium -Density Residential -1 (up to 8 units/acre), To CA,
Commercial/Industrial, and the Future Land Use Map is hereby revised accordingly.
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 amendment in compliance with Section 163.3184(1)(b), Florida Statutes, whichever
occurs earlier. 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 at a public meeting after public notice of a resolution affirming its
effective status, a copy of which resolution shall be sent to the Florida Department of Community
Affairs, Division of Community Planning, Plan Processing Team.
This ordinance was advertised in the Press -Journal on the 20th day of
August, 2003, for a public hearing to be held on the 2nd day of September, 2003, at
which time it was moved for adoption by Commissioner Lowther ,
seconded by Commissioner Adams , and adopted by the following vote:
Chairman
Kenneth
R. Macht
Axe
Vice
-Chairman
Caroline
D.
Ginn
Aye
Commissioner
Fran B. Adams
Aye
Commissioner
Arthur R.
Neuberger
Aye
r ' NO, 11 026
s
IF
4 P Fee ; IF BYOZ4) F,_ 0,*4'
IFIF el ern,FlipIF
y.Kenneth TZI Macht, Chairman
IF
ATTEST.M."t A '
Je€frey K. Barton; C rkF
FF ;.0
lee IF
it
Fer
ILI
AcJcnowledgment<by the Department of State of the State of Florida this day of ,
2003. ; " .14
.
Fd lri�I Fell
4l1
rAcknowledgment ftorh,.the -Department of State received on this day of , 2003,
r
at . A.M./P.M. Arid filed in the office of the Clerk of the Board of County Commissioners
of Iridian River County, Florida.
APPROVED AS TO,FORM AND LEGAL SUFFICIENCY
rti rte,,.
William G. Collins II, County Attorney
Director