HomeMy WebLinkAbout2013-017ORDINANCE NO. 2013- 017
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
FUTURE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR ±
1.79 ACRES LOCATED AT THE SOUTH-EAST CORNER OF US HWY 1 AND 63RD
STREET FROM L-1, LOW DENSITY RESIDENTIAL -1 (UP TO 3 UNITS PER ACRE),
TO C/I, COMMERCIAL INDUSTRIAL; AND TO SIMULTANEOUSLY REDESIGNATE
± 1.79 ACRES LOCATED EAST OF US HWY 1 AND NORTH OF THE NORTH RELIEF
CANAL FROM C/I, COMMERCIAL INDUSTRIAL, TO L-1, LOW DENSITY
RESIDENTIAL -1 (UP TO 3 UNITS PER 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 small scale comprehensive plan future land use
amendment application, and
WHEREAS, the Local Planning Agency held a public hearing on this small scale comprehensive plan
future land use amendment request on October 10, 2013, after due public notice, and
WHEREAS, the Local Planning Agency recommended that the Board of County Commissioners
approve the subject small scale comprehensive plan future land use amendment; and
WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan
Amendment Adoption Public Hearing on November 5, 2013, after due public notice.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County,
Florida, that:
SECTION 1. Small Scale Comprehensive Plan Future Land Use Amendment Adoption
The amendment to the Indian River County Comprehensive Plan Future Land Use
identified in Section 2 is hereby adopted
SECTION 2. Amendment to the Comprehensive Plan
Property 1
To change the Future Land Use Map designation from L-1, Low Density Residential -1 (up to 3
units per acre), to C/I, Commercial/ Industrial, for the following described property situated in
Indian River County, Florida:
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ORDINANCE NO. 2013- 017
PART OF THE SOUTHEAST ONE-QUARTER OF SECTION 10, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER
OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 10, RUN NORTH 89°13'52"
WEST ALONG THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER A DISTANCE OF 1319.48 FEET TO THE NORTHWEST
CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-
QUARTER; THENCE DEPARTING SAID NORTH LINE, RUN SOUTH 00°15'57" WEST
ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER, A DISTANCE OF 25.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF 63RD STREET (50' WIDE RIGHT OF WAY) AND POINT OF BEGINNING;
FROM SAID POINT OF BEGINNING RUN SOUTH 89013'52" EAST ALONG SAID SOUTH
RIGHT-OF-WAY LINE A DISTANCE OF 191.85 FEET; THENCE LEAVING SAID SOUTH
RIGHT-OF-WAY LINE RUN SOUTH 00004'21" EAST A DISTANCE OF 233.03 FEET;
THENCE RUN SOUTH 89059'55" WEST A DISTANCE OF 303.36 FEET TO THE EAST
RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 (120' WIDE RIGHT OF WAY); THENCE
RUN NORTH 14053'05" WEST ALONG SAID EAST RIGHT -OF WAY LINE A DISTANCE
OF 103.60 FEET TO A POINT ON A CURVE BEING CONCAVE TO THE NORTHEAST,
SAID CURVE HAVING A RADIUS OF 17128.75 FEET, SUBTENDED BY A CHORD
BEARING AND DISTANCE OF NORTH 14041'43" WEST, 98.50 FEET, AN ARC LENGTH
OF 98.50 FEET AND A CENTRAL ANGLE OF 00019'46" TO A POINT OF A COMPOUND
CURVE BEING CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET,
SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 37057'12" EAST
39.66 FEET, AN ARC LENGTH OF 45.80 FEET AND A CENTRAL ANGLE OF 104°58'05"
TO A POINT; THENCE RUN NORTH 00026'15" EAST A DISTANCE OF 10.00 FEET TO
THE AFORESAID SOUTH RIGHT-OF-WAY LINE OF 63RD STREET (50' WIDE RIGHT
OF WAY); THENCE RUN SOUTH 89033'45" EAST ALONG SAID SOUTH RIGHT-OF-
WAY LINE, A DISTANCE OF 138.37 FEET TO THE AFOREMENTIONED WEST LINE OF
THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER AND POINT
OF BEGINNING.
SAID PARCEL CONTAINING 1.79 ACRES, MORE OR LESS. SUBJECT TO ALL
EASEMENTS, RIGHTS-OF-WAY, RESERVATIONS AND RESTRICTIONS OF RECORD,
IF ANY. AND
Property 2
To change the Future Land Use Map designation from C/I, Commercial/ Industrial, to L-1, Low
Density Residential -1 (up to 3 units per acre), for the following described property situated in
Indian River County, Florida:
r
ORDINANCE NO. 2013- 017
FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 15,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN SOUTH ON SECTION LINE 700 FEET TO
THE POINT OF BEGINNING; FROM POINT OF BEGINNING, CONTINUE SOUTH ON
SECTION LINE 570 FEET TO A POINT, SAID POINT BEING 75 FEET NORTH 1 °00' EAST
OF NORTHEAST CORNER OF SOUTHEAST 1/4 OF SOUTHEAST 1/4 OF SECTION 15,
TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE RUN ON NORTH LINE OF BY LESS
PROPERTY LINE AS DESCRIBED IN DEED BOOK 31, PAGE 339 TO EAST RIGHT OF
WAY LINE OF OLD HIGHWAY NO. 1; THENCE NORTHWESTERLY ON SAID EAST
RIGHT OF WAY LINE TO INTERSECTION WITH A LINE LYING 700 FEET SOUTH OF
AND PARALLEL TO THE NORTH LINE OF THE SOUTHEAST 1/4; THENCE RUN EAST
PARALLEL TO NORTH LINE OF THE SOUTHEAST 1/4 TO POINT OF BEGINNING,
LESS HIGHWAY RIGHT OF WAY AS RECORDED IN RECORD BOOK 82, PAGE 150
AND LESS AND EXCEPT THAT PORTION LYING WEST OF NEW U.S. HIGHWAY NO.
1. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
CONTAINING 78,124 SQUARE FEET OR 1.79 ACRES, MORE OR LESS. SUBJECT TO
ALL EASEMENTS, RIGHTS-OF-WAY, RESERVATIONS AND RESTRICTIONS OF
RECORD, IF ANY.
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
This ordinance shall become effective upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 21st day of October, 2013, for
a public hearing to be held on the 5th day of November, 2013 at which time it was moved for
adoption by Commissioner Davis , seconded by
Commissioner Flescher , and adopted by the following vote:
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ORDINANCE NO. 2013- 017
Joseph E. Flescher, Chairman
Ave
Wesley S. Davis, Vice Chairman
Ave
Bob Solari, Commissioner
Ave
Tim Zorc, Commissioner
Ave
Peter O'Bryan, Commissioner
Ave
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
eph E. Flescher, Chairman
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ttest: Jeffrey R. Smit Clerk of Cou and Comptroller ''•a.�✓DjAIURNER�'
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By:
Deputy Cle
This ordinance was fled with the Department of State on the following date:
APPROVED AS TO FORM AND-bEGAL SUFFICIENCY
Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. eating, IC ommuevelopment Director
FACommunity Development\Rezonings\Grandraftrorth 2013 Rrezoning\Ordinance\GHN final LUDA Ordinance November5.2013.doc
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