HomeMy WebLinkAbout2009-019ORDINANCE NO. 2009- 019
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR:
A. APPROXIMATELY 16.22 ACRES LOCATED AT 7770 JUNGLE TRAIL
APPROXIMATELY 2 MILES SOUTH OF CR 510 FROM A-1, AGRICULTURAL - 1
DISTRICT (UP TO 1 UNIT/5 ACRES), TO CON -1, CONSERVATION -1 DISTRICT (0
UNITS/ACRE); AND
B. APPROXIMATELY 47.25 ACRES LOCATED AT 800 GARDENIA STREET FROM
CON -2, CONSERVATION -2 DISTRICT (UP TO 1 UNIT/40 ACRES), AND A-1,
AGRICULTURAL -1 DISTRICT (UP TO 1 UNIT/5 ACRES), TO CON -1,
CONSERVATION -1 DISTRICT (0 UNITS/ACRE);
AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency
on such matters, has 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 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:
The North 16.5 acres of the South 33 acres of Government Lots 8 and 9,
Section 36, Township 31 South, Range 39 East, all lying and being in
Indian River County, Florida. Less right of way for Jungle Trail survey
baseline per maintenance map as recorded in Plat Book 9, page 40, Public
Records of Indian River County, Florida.
Subject to easements, restrictions and reservations of record and taxes for
the year 2008 and thereafter.
ORDINANCE NO. 2009- 019
Is changed from A-1, Agricultural -1 District (up to 1 unit/5 acres), to Con -1, Conservation -1
District (0 units/acre).
All with the meaning and intent as set forth and described in said land development
regulations.
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The zoning of the following described property situated in Indian River County, Florida, to
wit:
Parcel 1:
The Southeast one-quarter (1/4) of the Northwest (1/4) and the East 100
feet of the Southwest one-quarter (1/4) of the Northwest one-quarter
(1/4) of Section 14, Township 31 South, Range 38 East; lying in Indian
River County, Florida.
Parcel 2:
A portion of the Southwest one-quarter of the Northwest one-quarter of
Section 14, Township 31 South, Range 38 East, lying Northerly and
Easterly of the South prong of the St. Sebastian River and Westerly of
the Easterly 100 feet of said Southwest one-quarter of the Northwest
one-quarter; said parcel being more particularly described as follows:
Commencing at the Northeast corner of the Southeast one-quarter of
the Northwest one-quarter of Section 14, Township 31 south, Range 38
East, Indian River County, Florida, run North 89 degrees 25' 12" West
(assumed) along the North line of said Southeast one-quarter of the
Northwest one-quarter a distance of 1325.62 feet to the Northeast
corner of the Southwest one-quarter of the Northwest one-quarter of
Section 14, Township 31 South, Range 38 East; thence continue North
89 degrees 25' 12" West along the North line of said Southwest one-
quarter of the Northwest one-quarter a distance of 100.03 feet to a point
of intersection with the Westerly line of the east 100 feet of said
Southwest one-quarter of the northwest one-quarter and the Point of
Beginning; from said Point of Beginning run South 00 degrees 56' 40"
East along the West line of said East 100 feet a distance of 294.21 more
or less to the Intersection with apparent mean high water line of the
South Fork of the South prong of the St. Sebastian River; thence
meander Northerly and Westerly along said apparent mean high water
line the following twenty courses and distances: North 24 degrees 12'
16" West a distance of 99.09 feet; North 54 degrees 36' 05" West a
distance of 46.42 feet; North 54 degrees 32' 56" West a distance of 66.11
feet; North 85 degrees 04' 44" West a distance of 65.50 feet; North 85
degrees 32' 35" West a distance of 35.26 feet; North 87 degrees 20' 22"
West a distance of 33.48 feet; South 81 degrees 42' 15" West a distance
of 53.49 feet; South 75 degrees 15' 48" West a distance of 67.90 feet;
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ORDINANCE NO. 2009- 019
South 71 degrees 56' 15" West a distance of 68.95. feet; South 72 degrees
57' 54" West a distance of 61.31 feet; South 57 degrees 18' 08" West a
distance of 23.38 feet; South 65 degrees 03' 47" West a distance of 43.23
feet; South 66 degrees 47' 32" West a distance of 56.49; North 60
degrees 51' 42" West a distance of 36.70 feet; North 58 degrees 15' 29"
West a distance of 58.88 feet; North 04 degrees 02' 59" East a distance
of 51.54 feet; North 01 degrees 49' 33" East a distance of 55.27 feet;
North 09 degrees 04' 17" East a distance of 49.05 feet; North 18 degrees
50' 50" East a distance of 24.08 feet; North 16 degrees 09' 26" East a
distance of 26.78 feet more or less to the intersection with the
aforementioned North line of the Southwest one-quarter of the
Northwest one-quarter; thence run South 89 degrees 27' 19" East along
said North line a distance of 668.67 feet to the Point of Beginning.
And, together with all private uplands (non -sovereign) lying within the
West 125 feet of the East 225 feet of the Southwest one-quarter of the
Northwest one-quarter of said Section 14 (less the South 635 feet
thereof), lying Southerly of the above described parcel.
Less and except any portion of property lying within the St. Sebastian
River.
All lying and being in Indian River County, Florida.
Is changed from Con -2, Conservation — 2 District (up to 1 unit/40 acres), and A-1, Agricultural -1
District (up to 1 unit/5 acres), to Con -1, Conservation — 1 District (0 units/acre).
All with the meaning and. intent as set forth and described in said Land Development
Regulations.
Effective Date: This ordinance shall become effective upon the issuance by the State Department
of Community Affairs of a Notice of Intent to find the related Comprehensive Plan Land Use
Designation Amendment contained in Ordinance Number 2009- in compliance with s.
163.3184(9) or the issuance of a final order by the Administration Commission finding the
referenced amendment in compliance with s. 163.3184(10).
Approved and adopted by the Board of County Commissioners of Indian River County, Florida,
on this 20th day of October, 2009.
This ordinance was advertised in the Press -Journal on the 5th day of October, 2009, for a
public hearing to be held on the 20th day of October, 2009, at which time it was moved for
adoption by Commissioner Wheel er , seconded by Commissioner F1 escher ,
and adopted by the following vote:
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ORDINANCE NO. 2009-
019
Wesley S. Davis, Chairman
AYE
Joseph E. Flescher, Vice Chairman
AYE
Gary C. Wheeler, Commissioner
AYE
Peter D. O'Bryan, Commissioner
AYE
Bob Solari, Commissioner
AYE
BOARD, OF "COUNTTY COMMISSIONERS
OF-II,DIAN RIVER-COUNITY
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Je y '. allsX- airman
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ATTEST BY:-AA1
, C
fo,, . Jeffrey K. Barton, Cler
Acknowledgment by the Department of State of the State of Florida this _day of ,
2009
Acknowledgment by the Department of State received on this day of ,
2009, ate A.M./P.M. and filed in the office of the Clerk of the Board of the County
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
AN- 41
L—We
Robert M. Reating, AICP
Community Development Director
FACommunity Development\Users\LONG RANGE\CompPlan Amendments\2009 Jan\Conservation Lands Rezoning\Rezoning Ordinance.doc
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