HomeMy WebLinkAbout2014-006ORDINANCE NO. 2014- 006
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE
LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR ±8.34 ACRES
LOCATED AT THE SOUTHWEST CORNER OF GRAND HARBOR BLVD. AND INDIAN
RIVER BLVD. FROM C/I, COMMERCIAL INDUSTRIAL TO M-1, MEDIUM DENSITY
RESIDENTIAL -1 (UP TO 8 UNITS PER ACRE); AND TO SIMULTANEOUSLY
REDESIGNATE ±8.34 ACRES LOCATED SOUTHEAST CORNER OF INDIAN RIVER
BLVD. AND 53RD STREET FROM M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8
UNITS PER ACRE), TO C/I, COMMERCIAL INDUSTRIAL; 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
October 2013 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment
request on December 12, 2013, 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 February 4, 2014, 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 advertise and hold 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, and
WHEREAS, State and Regional review agencies had no objections concerning this Future Land Use
Map Amendment, and
WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan
Amendment Adoption Public Hearing on April 15, 2014, after due public notice.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County,
Florida, that:
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ORDINANCE NO. 2014-.QQ6
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 copy of the amendment to
appropriate State and Regional review agencies.
SECTION 2. Amendment to the Comprehensive Plan
Subject Property 1:
TO CHANGE THE FUTURE LAND USE MAP DESIGNATION FROM M-1, MEDIUM DENSITY
RESIDENTIAL -1 (UP TO 8 UNITS PER ACRE) TO C/I, COMMERCIAL INDUSTRIAL TO FOR
THE FOLLOWING DESCRIBED PROPERTY SITUATED IN INDIAN RIVER COUNTY, FLORIDA:
A PORTION OF THE NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION
23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF THE
NORTHWEST ONE QUARTER OF SAID SECTION 23; THENCE NORTH 89°56'54" WEST ALONG THE
NORTH LINE OF SAID SECTION 23 A DISTANCE OF 49.10 FEET; THENCE SOUTH 00°02'18" EAST A
DISTANCE OF 35.00 FEET; THENCE NORTH 89°56'54" WEST AND PARALLEL WITH THE SAID NORTH
LINE OF SECTION 23 A DISTANCE OF 257.50 FEET TO THE POINT OF BEGINNING OF THE HEREON
DESCRIBED PARCEL; THENCE CONTINUE NORTH 89°56'54" WEST AND PARALLEL WITH THE SAID
NORTH LINE OF SECTION 23 A DISTANCE OF 362.50 FEET; THENCE SOUTH 45°03'11" WEST A
DISTANCE OF 56.57 FEET TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF INDIAN
RIVER BOULEVARD; THENCE SOUTH 00°02'51" WEST ALONG THE SAID EAST RIGHT OF WAY A
DISTANCE OF 302.90 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE,
HAVING A RADIUS OF 1,800 FEET, THROUGH A CENTRAL ANGLE OF 20°00'03" FOR AN ARC LENGTH
OF 628.34 FEET, SAID CURVE BEING SUBTENDED BY A CHORD OF 625.16 FEET THAT BEARS SOUTH
09°57'10", TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST ONE QUARTER OF
THE NORTHWEST ONE QUARTER OF SAID SECTION 23; THENCE SOUTH 89°48'32" EAST ALONG
SAID SOUTH LINE A DISTANCE OF 293.98 FEET; THENCE NORTH 00°02'43" EAST AND PARALLEL
WITH THE EAST LINE OF THE SAID NORTHWEST ONE QUARTER OF SECTION 23 A DISTANCE OF
959.30 FEET TO THE POINT OF BEGINNING.
CONTAINING 363,150 SQUARE FEET OR 8.34 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.
Subject 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 PER ACRE) FOR
THE FOLLOWING DESCRIBED PROPERTY SITUATED IN INDIAN RIVER COUNTY,
FLORIDA:
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ORDINANCE NO. 2014- 006
A PORTION OF LAND LYING IN SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN
RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF LOT 63 EXTENDED OF THE SAID
FALLS AT GRAND HARBOR, PLAT 29 AND THE WEST RIGHT-OF-WAY LINE OF INDIAN RIVER
BOULEVARD; THENCE SOUTH 63°48'43" WEST, A DISTANCE OF 300.00 FEET TO THE NORTH
RIGHT-OF-WAY LINE OF FALLS CIRCLE; THENCE NORTH 26°11'17" WEST AONG SAID NORTH
RIGHT-OF-WAY LINE OF FALLS CIRCLE, A DISTANCE OF 92.24 FEET TO A POINT OF CURVE TO
THE LEFT HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 58°50'46"; THENCE
CONTINUING NORTHWESTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID FALLS
CIRCLE ALONG THE ARC A DISTANCE OF 282.44 FEET; THENCE NORTH 00°22'47" WEST, A
DISTANCE OF 227.49 FEET; THENCE NORTH 58°45'03" EAST, A DISTANCE OF 34.20 FEET;
THENCE NORTH 31014'57" WEST, A DISTANCE OF 126.33 FEET; THENCE NORTH 45005'17" WEST,
A DISTANCE OF 138.46 FEET; THENCE NORTH 81'38'13" WEST, A DISTANCE OF 74.53 FEET;
THENCE SOUTH 53021'47" WEST, A DISTANCE OF 161.47 FEET; THENCE NORTH 43°56'26" WEST,
A DISTANCE OF 64.75 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HARBOR DRIVE AND THE
POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT
LIES NORTH 54029'33" WEST, A RADIAL DISTANCE OF 548.00 FEET; THENCE ALONG THE SOUTH
RIGHT-OF-WAY LINE OF SAID HRBOR DRIVE THE FOLLOWING CALLS; THENCE
NORTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 06017'40", A DISTANCE
OF 60.20 FEET; THENCE NORTH 29°12'46" EAST, A DISTANCE OF 102.73 FEET TO A POINT OF
CURVE TO THE RIGHT HAVING A RADIUS OF 452.00 FEET AND A CENTRAL ANGLE OF 24014'41";
THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 191.26 FEET; THENCE NORTH
53027'26" EAST, A DISTANCE OF 200.00 FEET TO THE INTERSECTION OF THE SOUTH RIGHT-OF-
WAY LINE OF SAID HARBOR DRIVE AND THE WEST RIGHT-OF-WAY LINE OF SAID INDIAN RIVER
BOULEVARD; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID INDIAN RIVER DRIVE
THE FOLLOWING CALLS; THENCE SOUTH 36032'31" EAST, A DISTANCE OF 86.73 FEET TO A
POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 4,414.98 FEET AND A CENTRAL ANGLE
OF 10021'14"; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 797.82 FEET;
THENCE SOUTH 26011'17" EAST, A DISTANCE OF 186.32 FEET BACK TO THE POINT OF
BEGINNING.
Containing 363,150.01 square feet or ±8.34 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.
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.
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ORDINANCE NO. 2014- 006
SECTION 5. Effective Date
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective on
the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. 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 of a resolution affirming its
effective status, a copy of which resolution shall be sent to the state land planning agency.
This ordinance was advertised in the Press -Journal on the 31" day of March , 2014, for a public hearing
to be held on the 15`h day of April 2014, at which time it was moved for adoption by Commissioner
F l es ch er , seconded by Commissioner Davis , and
adopted by the following vote:
Peter O'Bryan, Chairman Aye
Wesley S. Davis, Vice Chairman Aye
Bob Solari, Commissioner Ave
Tim Zorc, Commissioner Aye
Joseph E. Flescher, Commissioner Aye
BOARD OF COUNTY COMMISSIONERS '""'•"
�( CDA1J�j�s•�
OF INDIAN RIVER COUNTY •./* N' ••''••" •• S,
BY:
L
.y
Peter O'Bryan ,Chairman
'9
RCO••
`••..•.UNT;.
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By: C�(��
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
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ORDINANCE NO. 2014- 006
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
tU4�t a
.!� County Attorney
Ii
APPROVED AS TO PLANNING MATTERS
Stan Boling, AICP; Com ty Development Director
FACommunity Development\Comprehensive Plan Land Use Amendments\Grand Harbor land use swap 2013 - LUDA - 279\Resolution and
Ordinances\GH Land Use Swap final LUDA Ordinance 4-15-2014.doc
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