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ORDINANCE NO. 2004- 033
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 23.88
ACRES LOCATED AT THE SOUTHEAST CORNER OF C.R. 510 AND THE INDIAN RIVER
LAGOON BY REZONING 20.48 ACRES FROM A-1, AGRICULTURAL DISTRICT (UP TO 1
UNIT/5ACRES), TO RS -3, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 3
UNITS/ACRE), AND BY REZONING THE REMAINING 3.40 ACRES FROM A-1,
AGRICULTURAL DISTRICT (UP TO 1 UNIT/5ACRES), TO CON -2, ESTUARINE WETLANDS
CONSERVATION DISTRICT (UP TO 1 UNIT/40 ACRES); AND PROVIDING CODIFICATION,
SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on
such matters, held a public hearing and subsequently made a recommendation regarding this
rezoning request; and
WHEREAS, the Board of County Commissioners of Indian River County, Florida, did
publish and send its Notice of Intent to rezone the hereinafter described property; and
WHEREAS, the Board of County Commissioners has determined that this rezoning is in
conformance with the Comprehensive Plan of Indian River County; and
WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this
rezoning request, at which parties in interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian
River County, Florida, that the zoning of the following described property situated in Indian River
County, Florida, to -wit:
•
A PARCEL OF LAND SITUATED 1N PART OF SECTIONS 26 AND 27 OF TOWNSHIP 31
SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE COMMON SECTION CORNER OF SECTION 22, 23, 26 AND 27 OF
TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN S.00° 00' 47" W. ALONG THE COMMON
Page 1 of 5
ORDINANCE NO. 2004- 033
SECTION LINE OF SAID SECTION 26 AND 27, A DISTANCE OF 40.00 FEET TO THE SOUTH
RIGHT OF WAY LINE OF C.R. 510/WABASSO ROAD AND POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING RUN S. 89° 59' 14"E. ALONG SAID SOUTH RIGHT OF
WAY LINE OF C.R. 510/ WABASSO ROAD, A DISTANCE OF 328.50 FEET; THENCE RUN
S.00° 00' 47" W AND PARALLEL TO THE AFOREMENTIONED COMMON SECTION LINE
OF SECTIONS 26 AND 27, A DISTANCE OF 646.40 FEET; THENCE RUN N. 89° 59' 14" W.
AND PARALLEL TO THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 328.50
FEET TO SAID COMMON SECTION LINE OF SECTION 26 AND 27, THENCE RUN S 00°24'
42" E. ALONG SAID COMMON SECTION LINE OF SECTION 26 AND 27, A DISTANCE OF
294.47 FEET; THENCE RUN N. 77° 55' 49" W. ALONG THAT CERTAIN PARCEL
DESCRIBED AS "SUBMERGED LANDS" IN OFFICIAL RECORDS BOOK 883, PAGE 351 OF
THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, A DISTANCE OF 414.08
FEET; THENCE S. 64° 20' 40" W. A DISTANCE OF 129.00 FEET; THENCE RUN N. 47°17' 20"
W. A DISTANCE OF 154.00 FEET; THENCE RUN S. 68° 22' 40" W. A DISTANCE OF 180.00
FEET; THENCE RUN THE FOLLOWING COURSES WHICH ONCE FOLLOWED AN
EXISTING CENTERLINE OF SEAWALL:
N. 31° 47' 42" W. 81.00 FEET; N. 37° 07' 53" W. 72.67 FEET; N 44° 54' 11" W. 18.34 FEET; N.
32° 28' 03" W. 32.01 FEET; N. 31° 57' 08" W. 50.03 FEET; N 31° 27' 35" W. 77.74 FEET; N 29°
43' 19" W. 50.00 FEET; N. 30° 03' 57" W. 50.00 FEET; N. 29° 36' 27" W. 50.00 FEET; N. 29° 19'
02" W. 29.94 FEET; N. 29° 11' 01" W. 20.06 FEET; N. 28° 41' 42"W. 118.65 FEET TO THE
AFOREMENTIONED SOUTH RIGHT OF WAY LINE OF C.R. 510/ WABASSO ROAD;
THENCE RUN N. 52° 06' 21"E. ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE
OF 142.26 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE
CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1081.05 FEET, A
CENTRAL ANGLE OF 37° 46' 37", SUBTENDED BY A CHORD BEARING AND DISTANCE
OF N.70° 50'56" E. 699.93 FEET AND AN ARC DISTANCE 712.77 FEET TO THE POINT OF
TANGENCY, THENCE RUN N. 89° 45' 42" E. A DISTANCE OF 365.96 FEET TO THE POINT
OF BEGINNING. SAID PARCEL LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA.
CONTAINING 23.88 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF
RECORD.
is changed from A-1, Agricultural -1 District (up to 1 unit/5 acres), to RS -3, Single Family
Residential District (up to 3 units/acre)
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS;
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ORDINANCE NO. 2004- 033
CONSERVATION PARCEL "A"
COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, THENCE RUN SOUTH 00° 00' 47"
WEST ALONG THE EAST LINE OF SAID SECTION 27, A DISTANCE OF 40.00 FEET TO A
POINT ON THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 510 (WABASSO ROAD);
THENCE DEPARTING SAID EAST LINE RUN SOUTH 89° 45' 42" WEST ALONG SAID
SOUTH RIGHT OF WAY LINE A DISTANCE OF 365.96 FEET TO THE POINT OF
CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF
1081.05 FEET, A CENTRAL ANGLE OF 37° 46' 37" WHOSE CHORD BEARS SOUTH 70° 50'
56" WEST FOR A DISTANCE OF 699.93 FEET, THENCE RUN SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE A DISTANCE OF 712.77 FEET TO THE POINT OF TANGENCY;
THENCE SOUTH 52° 06' 21" WEST, ALONG SAID SOUTHERLY RIGHT OF WAY A
DISTANCE OF 85.19 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF
BEGINNING CONTINUE SOUTH 52° 06' 21" WEST ALONG SAID SOUTHERLY RIGHT OF
WAY LINE A DISTANCE OF 57.07 FEET, THENCE DEPARTING SAID SOUTHERLY RIGHT
OF WAY RUN SOUTH 28° 41' 42" EAST A DISTANCE OF 67.98 FEET; THENCE RUN
NORTH 07° 27' 30" EAST A DISTANCE OF 95.49 FEET TO THE POINT OF BEGINNING.
SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND
CONTAINING 0.04 ACRES, MORE OR LESS.
AND
CONSERVATION PARCEL `B"
COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, THENCE RUN SOUTH 00° 00' 47"
WEST ALONG THE EAST LINE OF SAID SECTION 27, A DISTANCE OF 692.07 FEET THE
POINT OF BEGINNING; FROM SAID POINT OF BEGINNING RUN SOUTH 69°50' 42'WEST
A DISTANCE OF 22.96 FEET; THENCE SOUTH 74° 42' 26" WEST A DISTANCE OF 103.29
FEET; THENCE SOUTH 78° 32" 43" WEST A DISTANCE OF 47.41 FEET; THENCE SOUTH
85° 24' 42" WEST A DISTANCE OF 112.04 FEET; THENCE NORTH 89° 34' 39" WEST A
DISTANCE OF 58.97 FEET; THENCE SOUTH 68° 52' 31" WEST A DISTANCE OF 46.98
FEET; THENCE SOUTH 18° 47' 04" WEST A DISTANCE OF 15.16 FEET; THENCE SOUTH
45° 58' 14" WEST A DISTANCE OF 31.38 FEET; THENCE SOUTH 59° 32' 02" WEST A
DISTANCE OF 47.63 FEET; THENCE SOUTH 55°39' 48" WEST A DISTANCE OF 20.31 FEET;
THENCE SOUTH 79°48'00" WEST A DISTANCE OF 25.98 FEET; THENCE NORTH 53° 45'
28" WEST A DISTANCE OF 13.31 FEET; THENCE NORTH 32° 06' 56" WEST A DISTANCE
OF 36.44 FEET; THENCE NORTH 48° 01' 13" WEST A DISTANCE OF 45.86 FEET; THENCE
NORTH 60° 10' 59" WEST A DISTANCE OF 18.47 FEET; THENCE NORTH 79° 02' 22" WEST
A DISTANCE OF 69.76 FEET; THENCE SOUTH 67° 52' 42" WEST A DISTANCE OF 225.90
FEET; THENCE SOUTH 37° 07' 53" EAST A DISTANCE OF 14.31 FEET; THENCE SOUTH 31°
47' 42" WEST A DISTANCE OF 81.00 FEET; THENCE NORTH 68° 22' 40" EAST A
DISTANCE OF 180.00 FEET; THENCE SOUTH 47° 17' 20" EAST A DISTANCE OF 154.00
FEET; THENCE NORTH 64° 20' 40" EAST A DISTANCE OF 129.00 FEET; THENCE SOUTH
Page 3 of 5
ORDINANCE NO. 2004- 033
77° 55' 49" EAST A DISTANCE OF 414.08 FEET; THENCE NORTH 00° 24' 42' WEST A
DISTANCE OF 288.73 FEET TO THE POINT OF BEGINNING.
SAID LAND BEING AND LYING IN INDIAN RIVER COUNTY, FLORIDA AND
CONTAINING 2.94 ACRES, MORE OR LESS.
AND
CONSERVATION PARCEL "C"
COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, THENCE RUN SOUTH 00°00'47"
WEST ALONG THE EAST LINE OF SAID SECTION 27, A DISTANCE OF686.33 FEET;
THENCE SOUTH 89°59'14" EAST A DISTANCE OF 16.63 FEET TO THE POINT OF
BEGINNING; FROM SAID POINT BEGINNING RUN NORTH 69°50'42" EAST A DISTANCE
OF 45.55 FEET; THENCE NORTH 76°57'09" EAST A DISTANCE OF 82.41 FEET; NORTH 62°
03'53" EAST A DISTANCE OF 157.82 FEET; THENCE NORTH 59°00'35" EAST A DISTANCE
OF 58.80 FEET; THENCE SOUTH 00°00'47" WEST ALONG THE EAST LINE OF THE WEST
328.50 FEET OF SAID SECTION 28 A DISTANCE OF 138.58 FEET; THENCE NORTH
89°59'144" WEST A DISTANCE OF 312.84 FEET TO THE POINT OF BEGINNING.
SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND
CONTAINING 0.42 ACRES, MORE OR LESS.
Which are changed from A-1, Agricultural -1 District (up to 1 unit/5 acres), to CON -2, Estuarine
Wetlands Conservation District (up to 1 unit/40 acres).
All with the meaning and intent and as set forth and described in said Land Development
Regulations.
This ordinance shall become effective upon filing with the Department of State.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 19th day of October, 2004.
This ordinance was advertised in the Press -Journal on the 6th day of October, 2004, for a
public hearing to be held on the 19th day of October, 2004, at which time it was moved for adoption
by Commissioner Macht , seconded by Commissioner Lowther and
adopted by the following vote:
Chairman Caroline D. Ginn
Vice -Chairman Arthur R. Neuberger
Commissioner Kenneth R. Macht
Commissioner Thomas S Lowther
Page 4 of 5
Aye
Aye
Aye
Aye
ORDINANCE NO. 2004- 033
Commissioner Fran B. Adams Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY K x.
Caroline D. Girirl Chairman -
ATTEST BY: Gz
/ oK Jeffrey K Barton;,) ..
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
0-75- 6 -ere -e---2
William G. Collins II, County Attorney
APPROV
AS TO PLANNING MATTERS
Robert . Keating, AICP; om ity Develo.ment Director
F:\Community Development\Users\LONG RANGE\Rzon\Lier\Ordinance Lier.doc
Page 5 of 5
William G. Collins II, County Attorney
Marian E. Fell, Assistant County Attorney
William K. DeBraal, Assistant County Attorney
Office of
INDIAN RIVER COUNTY
ATTORNEY
MEMORANDUM
TO: Clerk to the Board of County Commissioners
FROM: Gilliam G. Collins II - County Attorney
DATE: January 6, 2006
SUBJECT: Diminimus Error in Legal Description of Conservation Areas Within
Ordinance 2004-033 and Ordinance 2005-003 (the Lier Property)
1. Ordinance 2004-033 rezoned property lying south of County Road 510 and east of the
Indian River from A-1 to RS -3 in part and rezoned 3.4 acres from A-1 to CON -2.
Included among the CON -2 zoned property was a "Parcel A" consisting of .04 acres.
This rezoning was approved by the Board on October 19, 2004.
2. Subsequently by Ordinance 2005-003 the Board of County Commissioners rezoned the
upland portion from RS -3 to RS -6, but the Conservation Parcel A was continued to be
described as .04 acres. This ordinance was approved on January 24, 2005 in settlement
of a lawsuit. The property was deed restricted to no more than 3 units per acre despite
the RS -6 zoning as part of the settlement The intent was to allow smaller lots but
maintain the RS -3 density.
3. On April 29, 2005 I received correspondence from attorney Bruce Barkett indicating
that the Conservation Parcel A legal description was in error. The Environmental
Consultant's field notes were misinterpreted by the surveyor to include approximately
.038 acres within the CON -2 zone which actually lies east of the bulkhead along the
river. Attached please find Mr. Barkett's correspondence which includes copies of
both of the above ordinances along with the Surveyor's Affidavit with sketch and
correct legal description. The Environmental Consultant's Affidavit and original field
notes. I have tabbed the sketch that shows as a yellow -hatched area the portion of the
property erroneously included in Parcel A of the Conservation zoned land lying east of
the bulkhead.
CONCLUSION:
Since the above-mentioned ordinances contain an error in the description of that portion of the
Conservation Area descnbed as Parcel A, please retain copies of the attached documents in the
file where you hold Ordinances 2004-033 and 2005-003 so that the correct description will be
at hand. I have also tabbed the Surveyor's corrected legal description of Conservation Parcel
A consisting of 74.94 square feet more or less.
WGC/nhm
Attachments
cc: Robert M. Keating, AICP - Community Development Director
Bruce Barkett, Esq.
P.S. Please note correspondence from Mr. Barkett dated May 18, 2005 (attached) which
represents that the increase in the RS -6 area of .038 acres is only 1,655.28 square feet
which is significantly less than the size of one building lot in the RS -6 district and
whereby he represents on behalf of the Liers and the buyer that this is a diminimus
correction which will not result in any additional residential units on the property.
2
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