HomeMy WebLinkAbout2012-035ORDINANCE NO. 2012- 035
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ± 14.15 ACRES
LOCATED AT THE SOUTHWEST QUADRANT OF OLD DIXIE HIGHWAY AND C.R.
510, FROM CH, HEAVY COMMERCIAL DISTRICT, TO CG, GENERAL
COMMERCIAL DISTRICT; 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 held a public hearing pursuant to this
rezoning request, at which parties in interest and citizens were heard; and
WHEREAS, the Board of County Commissioners determined that this rezoning is in
conformance with the Comprehensive Plan of Indian River County.
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:
LEGAL DESCRIPTION: PARCEL 1
A PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST
ONE-QUARTER OF SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS ROAD
RIGHT OF WAY AND LESS THAT PARCEL AS DESCRIBED IN OFFICIAL RECORD
BOOK 853, PAGE 2609 AND OFFICIAL RECORD BOOK 853, PAGE 2611 OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
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ORDINANCE NO. 2012- 035
SUBJECT TO ALL EASEMENTS, RESTRICTIONS, RIGHT OF WAY AND
RESERVATIONS OF RECORD.
SAID PARCEL CONTAINING 10.31 ACRES MORE OR LESS.
LEGAL DESCRIPTION: PARCEL 2A
PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PART OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING WEST OF
OLD U.S. #1 (OLD DIXIE HIGHWAY), LESS THAT PARCEL LEASED TO SOUTHERN
BELL TELEPHONE AND TELEGRAPH AND ALSO LESS THAT PARCEL DESCRIBED IN
OFFICIAL RECORD BOOK 853, PAGE 2611 AND LESS ROAD RIGHT OF WAY AS
DESCRIBED IN OFFICIAL RECORD BOOK 1212, PAGE 2617 OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
SUBJECT TO ALL EASEMENTS, RESTRICTIONS, RIGHT OF WAY AND
RESERVATIONS OF RECORD.
SAID PARCEL CONTAINING 3.79 ACRES MORE OR LESS.
LEGAL DESCRIPTION: PARCEL 3A
PARCEL OF LAND LYING IN THE NORTHWEST ONE-QUARTER OF THE NORTHEAST
ONE-QUARTER OF SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING
WEST OF THE WEST RIGHT OF WAY OF OLD DIXIE HIGHWAY AND EAST OF THE
EAST RIGHT OF WAY OF THE FLORIDA EAST COAST RAILROAD, INDIAN RIVER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT A POINT 759.51 FEET SOUTH AND 308.92 FEET EAST OF THE NORTHWEST
CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER
OF SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST,SAID POINT LYING ON THE
EAST RIGHT OF WAY OF THE FLORIDA EAST COAST RAILROAD; THENCE N
78°36'35"E, A DISTANCE OF 49.42 FEET TO THE WEST RIGHT OF WAY OF OLD DIXIE
HIGHWAY; THENCE SOUTHEASTERLY ALONG SAID WEST RIGHT OF WAY
HAVING A CURVE CONCAVE TO THE SOUTHWEST, A RADIUS OF 2897.79 FEET AND
A CENTRAL ANGLE OF 01000'14" AND AN ARC DISTANCE OF 50.79 FEET; THENCE S
78°36'35"W, A DISTANCE OF 40.00 FEET TO THE SAID EAST RIGHT OF WAY OF THE
FLORIDA EAST COAST RAILROAD; THENCE N I 1°23'25"W, A DISTANCE OF 50.00
FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.05 ACRES MORE OR LESS.
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ORDINANCE NO. 2012-035
is changed from CH, Heavy Commercial District, to CG, General Commercial District.
All with the meaning and intent 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 23rd day of October, 2012.
This ordinance was advertised in the Press -Journal on the 8th day of October 2012,
for a public hearing to be held on the 23rd day of October, 2012 at which time it was moved
for adoption by Commissioner Flescher , seconded by Davis ,
and adopted by the following vote:
Gary C. Wheeler, Chairman
Aye
Peter D. O'Bryan, Vice Chairman
Aye
Bob Solari, Commissioner
Aye
Wesley S. Davis, Commissioner
Aye
Joseph E. Flescher, Commissioner
Aye
•„„•,,,,.u,„
+��yGpMMISS/p', . OARD OF COUNTY COMMISSIONERS
'bP INDIAN RIVER COUNTY
EIy
• r otr C. Wheeler, Chairman
oma.:
'y�q ��.,ATTEST BY:O�• (�
,” ''/VER co
”'°I., Jef rey R. Smith, Clerk of Circuit Court
This ordinance was filed with the Department of State on the following
date:
rjD A O FO A G L SUFFICIENCY
William K. IYeBraal, Deputy County Attorney
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ORDINANCE NO. 2012- 035
APPRO ED AS TO PLANNING MATTERS
Robert M. Keating, AICP; Co munity D&Illopment Director
FACommunity Development\Rezonings\Graves Brothers Company\Ordinace, etc\Graves Brothers Company - 2012-ZC-584 Ordinance.doc
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