HomeMy WebLinkAbout2012-009ORDINANCE NO.2012-QQ2
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE
LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR ±28.56 ACRES,
LOCATED APPROXIMATELY 900 FEET SOUTH OF C.R. 510 AND EAST OF 46TH
AVENUE AND U.S. #1, FROM M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8
UNITS/ACRE), TO C/1, COMMERCIAL/INDUSTRIAL; AND SIMULTANEOUSLY
CHANGING THE LAND USE DESIGNATION OF ±9.21 ACRES, LOCATED SOUTH OF
C.R. 510 AND EAST OF 46TH AVENUE, FROM C/I, COMMERCIAL/INDUSTRIAL, TO M-
1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS/ACRE); AND CHANGING THE
LAND USE DESIGNATION OF ±20.11 ACRES, LOCATED APPROXIMATELY 1300 FEET
SOUTH OF 65TH STREET AND WEST OF THE FEC RAILROAD, FROM C/1,
COMMERCIAL AND INDUSTRIAL, TO L-2, LOW DENSITY RESIDENTIAL -2 (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 the subject comprehensive plan amendment application during its
July 2011 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment
request on September 22, 2011, after due public notice, and
WHEREAS, the Local Planning Agency recommended that the Board of County Commissioners
transmit the subject comprehensive plan amendment to State and Regional review agencies; and
WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public
Hearing on October 18, 2011, after due public notice, and
WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan
amendment to State and Regional review agencies, 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 Comprehensive Plan Amendment was transmitted to State and Regional review
agencies on October 21, 2011, and .
WHEREAS, State and Regional review agencies had no objections concerning this Future Land Use
Map Amendment, and
1
ORDINANCE NO. 2012- 009
WHEREAS, the Florida Department of Transportation (FDOT) provided comments regarding this
comprehensive plan amendment, and
WHEREAS, FDOT's comments indicated that additional analysis was needed on potential impacts to
C.R. 510 and U.S. #1, as well as on access management and safety, and
WHEREAS, the applicant has addressed FDOT comments by providing additional analysis and
information, and
WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption
Public Hearing on May 15, 2012, after due public notice.
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 copies of the
amendment to appropriate State and Regional review agencies that provided comments on the
amendment.
SECTION 2. Amendment to the Comprehensive Plan
Property 1
To change the Future Land Use Map designation from M-1, Medium Density Residential -1 (up
to 8 units/acre), to C/I, Commercial/Industrial, for the following described property situated in
Indian River County, Florida:
ALL THAT CERTAIN, PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND
BEING A PORTION OF SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST OF
THE TALLAHASSEE BASE MERIDIAN, INDIAN RIVER COUNTY, FLORIDA. BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR
REFERENCE AT NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION; THENCE, BEARING SOUTH 00°07'24" EAST,
ALONG THE EAST RIGHT OF WAY LINE OF 46TH AVENUE, A DISTANCE OF
307.93 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL; THENCE, LEAVING SAID EAST LINE, BEARING NORTH
89052'29" EAST, A DISTANCE OF 464.82 FEET TO A POINT; THENCE, BEARING
SOUTH 00007'24" EAST, A DISTANCE OF 174.62 FEET TO A POINT; SAID POINT
BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY,
HAVING A RADIUS OF 29.33 FEET, A CENTRAL ANGLE OF 32015'17", A CHORD
LENGTH OF 16.29 FEET BEARING SOUTH 16007'38" EAST; THENCE, SOUTHERLY
4
ORDINANCE NO. 2012- 009
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 16.51 FEET TO A POINT;
THENCE, BEARING SOUTH 32°15'17" EAST, A DISTANCE OF 107.80 FEET TO A
POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE
NORTHERLY, HAVING A RADIUS OF 55.00 FEET, A CENTRAL ANGLE OF
90°00'00", A CHORD LENGTH OF 77.78 FEET BEARING SOUTH 77015'17" EAST;
THENCE, EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 86.39
FEET TO A POINT; THENCE, BEARING NORTH 57°44'43" EAST, A DISTANCE OF
372.68 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE
CONCAVE SOUTHERLY, HAVING A RADIUS OF 60.67 FEET, A CENTRAL ANGLE
OF 90000'00", A CHORD LENGTH OF 85.80 FEET BEARING SOUTH 77015'17"
EAST; THENCE, EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
95.30 FEET TO A POINT; THENCE, BEARING SOUTH 32015'17" EAST, A DISTANCE
OF 221.92 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE
CONCAVE WESTERLY, HAVING A RADIUS OF 50.67 FEET, A CENTRAL ANGLE OF
46045'42", A CHORD LENGTH OF 40.22 FEET BEARING SOUTH 08052'26" EAST;
THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 41.35
FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A REVERSE CURVE
CONCAVE EASTERLY, HAVING A RADIUS OF 94.33 FEET, A CENTRAL ANGLE OF
46045'42", A CHORD LENGTH OF 74.87 FEET BEARING SOUTH 08052'26"
EAST;THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
76.99 FEET TO A POINT; THENCE, BEARING SOUTH 32015'17" EAST, A DISTANCE
OF 229.75 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE
CONCAVE WESTERLY, HAVING A RADIUS OF 235.67 FEET, A CENTRAL ANGLE
OF 25°13'49", A CHORD LENGTH OF 102.94 FEET BEARING SOUTH 19038'23"
EAST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
103.78 FEET TO A POINT; THENCE, BEARING SOUTH 07°01'28" EAST, A
DISTANCE OF 50.02 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A
CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 194.33 FEET, A CENTRAL
ANGLE OF 25013'50", A CHORD LENGTH OF 84.88 FEET BEARING SOUTH
19°38'23" EAST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 85.57 FEET TO A POINT; THENCE, BEARING SOUTH 32°15'18"
EAST, A DISTANCE OF 179.82 FEET TO A POINT; SAID POINT BEING THE
BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 235.67
FEET, A CENTRAL ANGLE OF 28°2128", A CHORD LENGTH OF 115.46 FEET
BEARING SOUTH 18004'34" EAST; THENCE, SOUTHERLY ALONG THE ARC OF
SAID CURVE, A DISTANCE OF 116.64 FEET TO A POINT; THENCE, BEARING
SOUTH 03053'49" EAST, A DISTANCE OF 70.31 FEET TO A POINT; SAID POINT
BEING THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS
OF 194.33 FEET, A CENTRAL ANGLE OF 28021'40", A CHORD LENGTH OF 95.21
FEET BEARING SOUTH 18004'39" EAST; THENCE, SOUTHERLY ALONG THE ARC
OF SAID CURVE, A DISTANCE OF 96.19 FEET TO A POINT; THENCE, BEARING
SOUTH 32015'30" EAST, A DISTANCE OF 130.73 FEET TO A POINT; SAID POINT
BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS
OF 60.67 FEET, A CENTRAL ANGLE OF 90000'13", A CHORD LENGTH OF 85.80
FEET BEARING SOUTH 12044'37" WEST; THENCE, SOUTHERLY ALONG THE ARC
3
ORDINANCE NO. 2012- 009
OF SAID CURVE, A DISTANCE OF 95.30 FEET TO A POINT; THENCE, BEARING
SOUTH 57044'43" WEST, A DISTANCE OF 195.76 FEET TO A POINT; THENCE,
BEARING SOUTH 00038'04" EAST, A DISTANCE OF 110.96 FEET TO A POINT;
THENCE, BEARING SOUTH 89°21'56" WEST, A DISTANCE OF 31.58 FEET TO A
POINT; THENCE, BEARING NORTH 00°08'27" EAST, A DISTANCE OF 15.00 FEET
TO A POINT; THENCE, BEARING NORTH 89°39'50" WEST, A DISTANCE OF 208.71
FEET TO A POINT; THENCE, BEARING NORTH 00°08'27" EAST, A DISTANCE OF
208.71 FEET TO A POINT; THENCE, BEARING SOUTH 89°39'50" EAST, A
DISTANCE OF 208.71 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 33;
THENCE, BEARING NORTH 00°08'27" EAST, ALONG SAID EAST LINE, A
DISTANCE OF 423.94 FEET TO A POINT ON THE SOUTH LINE OF THE
NORTHEAST % OF THE NORTHEAST % OF SAID SECTION 33; THENCE, LEAVING
SAID EAST LINE, BEARING NORTH 89°50'04" WEST, ALONG SAID SOUTH LINE, A
DISTANCE OF 1,199.39 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY
LINE OF U.S. HIGHWAY 1; SAID POINT BEING THE BEGINNING OF A NON
TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 17,268.75
FEET, A CENTRAL ANGLE OF 00°14'25", A CHORD LENGTH OF 72.41 FEET
BEARING NORTH 32008'05" WEST; THENCE, NORTHWESTERLY ALONG THE
ARC OF SAID CURVE AND SAID EASTERLY LINE, A DISTANCE OF 72.41 FEET TO
A POINT; THENCE, LEAVING SAID EASTERLY LINE, BEARING NORTH 32°14'29"
WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 277.85 FEET TO A POINT;
THENCE, BEARING NORTH 00°07'24" WEST, A DISTANCE OF 107.73 FEET TO A
POINT; THENCE, BEARING NORTH 89052'50" WEST, A DISTANCE OF 74.09 FEET
TO A POINT; THENCE, BEARING NORTH 00°07'24" WEST, A DISTANCE OF 150.14
FEET TO A POINT; THENCE, BEARING SOUTH 89°52'50" EAST, A DISTANCE OF
109.09 FEET TO A POINT ON THE AFOREMENTIONED EAST RIGHT OF WAY LINE
OF 46TH AVENUE; THENCE, BEARING NORTH 0000724" WEST, A DISTANCE OF
467.11 FEET TO THE POINT OF BEGINNING.
The above described premises contain an area of 1,244,077 square feet or 28.56 acres, more or
less. Subject to all easements, right-of-way of record, conditions, and restrictions as contained
within the chain of title. All lying and being in Indian River County, Florida.
Property 2
To change the Future Land Use Map designation from C/I, Commercial/Industrial, to M-1,
Medium Density Residential -1 (up to 8 units/acre), for the following described property situated
in Indian River County, Florida:
ALL THAT CERTAIN, PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND
BEING A PORTION OF GOVERNMENT LOT 6, IN SECTION 28, TOWNSHIP 31
SOUTH, RANGE 39 EAST OF THE TALLAHASSEE BASE MERIDIAN, AND A
PORTION OF NARANJA TRACT-SHELLMOUND BEACH, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLATBOOK 1, PAGE 6 OF THE PUBLIC
!�
ORDINANCE NO. 2012- 009
RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LANDS NOW LYING AND
BEING IN INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT THE SOUTHWEST CORNER
OF GOVERNMENT LOT 6, THENCE, BEARING NORTH 00°20'30" WEST, ALONG
THE EAST RIGHT OF WAY LINE OF 46TH AVENUE, A DISTANCE OF 44.54 FEET
TO THE EASTERLY LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 2016, PAGE 1969, INDIAN RIVER COUNTY PUBLIC RECORDS; THENCE,
ALONG SAID EASTERLY LINE THE FOLLOWING TWELVE (12) COURSES:
1. THENCE, BEARING NORTH 44°46'01" EAST, A DISTANCE OF 539.73 FEET
TO A POINT;
2. SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 115.00 FEET, A CENTRAL ANGLE
OF 22023'11", A CHORD LENGTH OF 44.65 FEET BEARING NORTH 55057'37"
EAST; THENCE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 44.93 FEET TO A POINT;
3. THENCE, BEARING NORTH 67009'12" EAST, A DISTANCE OF 24.87 FEET TO
A POINT;
4. SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY,
HAVING A RADIUS OF 23.00 FEET, A CENTRAL ANGLE OF 89°46'17", A
CHORD LENGTH OF 32.46 FEET BEARING NORTH 22016'04" EAST;HENCE,
NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 36.04
FEET TO A POINT;
5. SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE
EASTERLY, HAVING A RADIUS OF 1,053.00 FEET, A CENTRAL ANGLE OF
05009'01", A CHORD LENGTH OF 94.62 FEET BEARING NORTH 20°02'34"
WEST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 94.65 FEET TO A POINT;
6.
THENCE, BEARING
NORTH 17028'04" WEST,
A DISTANCE OF
51.72 FEET
TO A POINT;
7.
THENCE, BEARING
NORTH 22°16'53" WEST,
A DISTANCE OF
95.34 FEET
TO A POINT;
8.
THENCE, BEARING
NORTH 17°28'04" WEST,
A DISTANCE OF
17.46 FEET
TO A POINT;
9.
SAID POINT BEING THE BEGINNING
OF A CURVE
CONCAVE
SOUTHWESTERLY,
HAVING A RADIUS OF
239.00 FEET, A CENTRAL
5
ORDINANCE NO. 2012- 009
ANGLE OF 25013'02", A CHORD LENGTH OF 104.34 FEET BEARING NORTH
30°04'35" WEST; THENCE, NORTHWESTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 105.19 FEET TO A POINT;
10. THENCE, BEARING NORTH 42041'06" WEST, A DISTANCE OF 34.93 FEET
TO A POINT;
11. THENCE, BEARING SOUTH 84°51'26" WEST, A DISTANCE OF 39.33 FEET
TO A POINT;
12. THENCE, BEARING NORTH 44°51'46" WEST, A DISTANCE OF 27.06 FEET
TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD
No. 510;
THENCE, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, THE FOLLOWING 2
(TWO) COURSES:
1. BEARING NORTH 45010'50" EAST, A DISTANCE OF 26.53 FEET TO A POINT;
2. SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 2,784.79 FEET, A CENTRAL
ANGLE OF 09051'16"; A CHORD LENGTH OF 478.38 FEET, AND BEARING
NORTH 50006'28" EAST;THENCE, NORTHEASTERLY ALONG THE ARC OF
SAID CURVE, A DISTANCE OF 478.97 FEET TO A POINT; THENCE,
LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, BEARING SOUTH
01047'33" EAST, A DISTANCE OF 521.75 FEET TO A POINT; THENCE,
BEARING SOUTH 06056'32" EAST, A DISTANCE OF 678.34 FEET TO A
POINT ON THE SOUTH LINE OF THE AFORMENTIONED GOVERNMENT
LOT 6; THENCE, BEARING NORTH 89°49'19" WEST, ALONG SAID SOUTH
LINE, A DISTANCE OF 712.63 FEET TO THE POINT OF BEGINNING.
The above described premises contain an area of 401,262 square feet or 9.21 acres, more or less.
Subject to all easements, right-of-way of record, conditions and restrictions as contained with the
chain of title. All lying and being in Indian River County, Florida.
Property 3
To change the Future Land Use Map designation from CA, Commercial/Industrial, to L-2, Low
Density Residential -2 (up to 6 units/acre), for the following described property situated in Indian
River County, Florida:
THE SOUTHWEST 1\4 OF THE SOUTHEAST 1\4 OF SECTION 10, TOWNSHIP 32
SOUTH, RANGE 39 EAST, LYING WEST OF THE FLORIDA EAST COAST RAILROAD
RIGHT-OF-WAY.
0
ORDINANCE NO. 2012- 009
Subject to all easements, reservations, restrictions, and rights-of-way of record, containing 20.11
acres, more or less. All lying and being in Indian River County, Florida.
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 31 days
after the State Land Planning Agency determines that the amendment package is complete, unless
a petition is filed by an affected party.
This ordinance was advertised in the Press -Journal on the 30 day ofApri 1, 2012, for a
public hearing to be held on the 15th day of May 2012 at which time it was moved for
adoption by Commissioner Flescher seconded by
Commissioner Wheeler , and adopted by the following vote:
Gary C. Wheeler, Chairman
Peter D. O'Bryan, Vice Chairman
Bob Solari, Commissioner
Wesley S. Davis, Commissioner
Joseph E. Flescher, Commissioner
Aye
Aye
Abstained
Ave
Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: 4
Gary Cokheeler, Chairman
7
ORDINANCE NO. 2012- 009
ATTEST BY:'Yefffi
ey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Alan S. Polachwich, County Attorney
{
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AIC ommun' evelopment Director
FACommunity Development\Comprehensive Plan Land Use Amendments\Orchid Quay, Highpointe, William Hunter- July 2011\Resolution and
Ordinance\orchid quay Ordinance May 15, 2012.doc
0