HomeMy WebLinkAbout2012-010ORDINANCE NO. 2012- 010
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND
ZONING MAP FOR ±28.30 ACRES, LOCATED APPROXIMATELY 900 FEET SOUTH OF C.R. 510 AND
EAST OF 46TH AVENUE AND U.S. #1, FROM RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6
UNITS/ACRE), TO CG, GENERAL COMMERCIAL DISTRICT; ± 0.26 ACRES, LOCATED
APPROXIMATELY 74 FEET EAST OF U.S. #1, AND SOUTH OF 84TH STREET, FROM RS -6, SINGLE-
FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), TO CG, GENERAL COMMERCIAL DISTRICT;
±0.08, ACRES, LOCATED EAST OF U.S. #1 AND ±150 FEET SOUTH OF 84TH STREET, FROM CL,
LIMITED COMMERCIAL DISTRICT, TO CG, GENERAL COMMERCIAL DISTRICT; ±3.19 ACRES,
LOCATED SOUTH OF CR 510, AND ±600 FEET EAST OF 46TH AVENUE, FROM OCR, OFFICE,
COMMERCIAL, RESIDENTIAL DISTRICT, TO RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6
UNITS/ACRE); ±6.02 ACRES, LOCATED SOUTH OF C.R. 510 AND EAST OF 46TH AVENUE, FROM CG,
GENERAL COMMERCIAL DISTRICT, TO RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6
UNITS/ACRE); ± 13.71 ACRES, LOCATED EAST OF U.S. #1 AND NORTH OF 82ND STREET, FROM OCR,
OFFICE, COMMERCIAL, RESIDENTIAL DISTRICT, TO CG, GENERAL COMMERCIAL DISTRICT; AND
±11.26 ACRES, LOCATED APPROXIMATELY 1500 FEET EAST OF U.S. #1 AND NORTH OF 82ND STREET,
FROM RS -1, SINGLE FAMILY RESIDENTIAL DISTRICT (UP TO 1 UNIT/ACRE) , TO CON -2, ESTUARINE
WETLANDS CONSERVATION DISTRICT (UP TO I UNIT/40 ACRES); 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 its Notice of Intent to rezone the hereinafter described property; and
WHEREAS, the Board of County Commissioners determined that this rezoning is in
conformance with the Comprehensive Plan of Indian River County; 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;
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:
ORDINANCE NO. 2012- 010
Part of Property 1
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 00007'24" 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 00°07'24" 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 32°15'17", A CHORD LENGTH OF 16.29 FEET
BEARING SOUTH 16007'38" EAST;
THENCE, SOUTHERLY 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 90000'00", 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 90°00'00", 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 3215'17" 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 19038'22" EAST;
THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 103.78 FEET TO A
POINT;
THENCE, BEARING SOUTH 07001'28" 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 19038'23" 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
2
ORDINANCE NO. 2012- mo
235.67 FEET, A CENTRAL ANGLE OF 28021'28", 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 03°53'49" 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 28°21'40", 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 32°15'30" 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
12044'36" WEST;
THENCE, SOUTHERLY ALONG THE ARC 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 00°38'04" 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 00008'27" 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 89039'50" EAST, A DISTANCE OF 208.71 FEET TO A POINT ON THE
EAST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 33;
THENCE, BEARING NORTH 00008'27" EAST, ALONG SAID EAST LINE, A DISTANCE OF 423.94 FEET
TO A POINT ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 33;
THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89050'04" WEST, ALONG SAID SOUTH LINE,
A DISTANCE OF 1,199.39 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF US HIGHWAY
1 (COUNTY ROAD 5);
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, A DISTANCE OF 72.41 FEET TO
A POINT;
THENCE, BEARING NORTH 32015'17" WEST, A DISTANCE OF 277.74 FEET TO A POINT;
THENCE, BEARING NORTH 00007'24" WEST, A DISTANCE OF 258.00 FEET TO A POINT;
THENCE, BEARING SOUTH 89052'50" EAST, A DISTANCE OF 35.00 FEET TO A POINT;
THENCE, BEARING NORTH 00°07'24" WEST, A DISTANCE OF 467.11 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 1,232,962 SQUARE FEET OR 28.30
ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RIGHT-OF-WAY OF RECORD,
CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE.
Is changed from RM -6, Multi -Family Residential District (up to 6 units/acre), to CG, General Commercial
District.
ORDINANCE NO. 2012- of o
All with the meaning and intent as set forth and described in said Land Development Regulations.
Part of Property 1
LOT 1, BLOCK 5, GRAVES ADDITION TO WABASSO, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 41 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY.
THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 11,124 SQUARE FEET OR 0.26
ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RIGHT-OF-WAY OF RECORD,
CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE.
Is changed from RS -6, Single -Family Residential (up to 6 units/acre), to CG, General Commercial District.
All with the meaning and intent as set forth and described in said Land Development Regulations.
Part of Property 2
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 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; COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 6,
THENCE, BEARING SOUTH 89049'19" EAST, ALONG THE SOUTH LINE OF SAID GOVERNMENT
LOT 6, A DISTANCE OF 712.63 FEET TO A POINT; THENCE, LEAVING SAID SOUTH LINE, BEARING
NORTH 06056'32" WEST A DISTANCE OF 217.06 FEET TO THE POINT AND PLACE OF BEGINNING
OF THE HEREING DESCRIBED PARCEL; THENCE, BEARING NORTH 31045'55" WEST, A DISTANCE
OF 168.10 FEET TO A POINT; THENCE, BEARING NORTH 21058'31" WEST, A DISTANCE OF 343.73
FEET TO A POINT; THENCE, BEARING NORTH 23006'20" WEST, A DISTANCE OF 135.84 FEET TO A
POINT; THENCE, BEARING NORTH 23°16'33" WEST, A DISTANCE OF 127.23 FEET TO A POINT;
THENCE, BEARING NORTH 16°27'37" EAST, A DISTANCE OF 41.24 FEET TO A POINT; THENCE,
BEARING NORTH 41051'27" WEST, A DISTANCE OF 38.06 FEET TO A POINT ON THE SOUTHERLY
RIGHT OF WAY LINE OF COUNTY ROAD 510;
SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 2,784.79 FEET, A CENTRAL ANGLE OF 06053'33", A CHORD LENGTH OF
334.80 FEET BEARING NORTH 51035'19" EAST; THENCE, NORTHEASTERLY ALONG THE ARC OF
SAID CURVE AND SAID RIGHT OF WAY LINE, A DISTANCE OF 335.00 FEET TO A POINT; THENCE,
LEAVING SAID 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 461.28 FEET TO
THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 138,910 SQUARE FEET OR 3.19 CRES,
MORE OR LESS. SUBJECT TO ALL EASEMENTS, RIGHT-OF-WAY OF RECORD, CONDITIONS AND
RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE.
Is changed from OCR, Office, Commercial, Residential District, to RM -6, Multi -Family Residential District
(up to 6 units/acre).
All with the meaning and intent as set forth and described in said Land Development Regulations.
ORDINANCE NO. 2012- 010
Part of Property 2
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 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°20'29" WEST, ALONG THE EAST LINE OF 46TH AVENUE, A DISTANCE OF 44.54 FEET TO THE
EASTERLY LINE OF THOSE LANDS DESCRIBED AS "BRISTOL BAY COMMERCIAL PARCEL 5" IN
OFFICIAL RECORDS BOOK 2016, PAGE 1969, OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA;
THENCE, ALONG SAID EASTERLY LINE THE FOLLOWING TWELVE (12) COURSES:
1. THENCE, BEARING NORTH 44046'01" 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 55°57'37" 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 89046'17", A CHORD LENGTH OF 32.46
FEET BEARING NORTH 22016'04" EAST;
THENCE, 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 20002'34" 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 22016'53" 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 ANGLE OF 25°13'02", 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 42°41'06" WEST, A DISTANCE OF 34.93 FEET TO A POINT;
11. THENCE, BEARING SOUTH 84051'26" WEST, A DISTANCE OF 39.33 FEET TO A POINT;
12. THENCE, BEARING NORTH 44051'46" 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 02057'43", A CHORD LENGTH OF 143.95 FEET
BEARING NORTH 46039'42" EAST;
ORDINANCE NO. 2012- 010
THENCE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 143.97 FEET TO A
POINT;
THENCE, LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, BEARING SOUTH 41°51'27" EAST, A
DISTANCE OF 38.06 FEET TO A POINT; THENCE, BEARING SOUTH 16°27'37" WEST, A DISTANCE
OF 41.24 FEET TO A POINT; THENCE, BEARING SOUTH 23°16'33" EAST, A DISTANCE OF 127.23
FEET TO A POINT; THENCE, BEARING SOUTH 23°06'20" EAST, A DISTANCE OF 135.84 FEET TO A
POINT; THENCE, BEARING SOUTH 21°58'31" EAST, A DISTANCE OF 343.73 FEET TO A POINT;
THENCE, BEARING SOUTH 31°45'55" EAST, A DISTANCE OF 168.10 FEET TO A POINT; THENCE,
BEARING SOUTH 06056'32" EAST, A DISTANCE OF 217.06 FEET TO A POINT; THENCE, BEARING
NORTH 89049'19" WEST, A DISTANCE OF 712.63 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 262.34 SQUARE FEET OR 6.02
ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RIGHT-OF-WAY OF RECORD,
CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE.
Is changed from CG, General Commercial District, to RM -6, Multi -Family Residential District (up to 6
units/acre).
All with the meaning and intent as set forth and described in said Land Development Regulations.
Parcel 1
ALL THAT CERTAIN, PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A
PORTION LOT 2, BLOCK 3, REPLAT OF WABASSO MANOR, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 6, PAGE 15 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA AND 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;
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST % OF THE SOUTHEAST Y4 OF
THE NORTHEAST % OF SAID SECTION 33;
THENCE, BEARING SOUTH 00008'27" WEST, A DISTANCE OF 423.94 FEET TO A POINT;
THENCE, BEARING NORTH 89039'50" WEST, A DISTANCE OF 208.71 FEET TO A POINT;
THENCE, BEARING SOUTH 00008'27" WEST, A DISTANCE OF 208.71 FEET TO A POINT;
THENCE, BEARING NORTH 89039'50" WEST, A DISTANCE OF 464.46 FEET TO A POINT;
THENCE, BEARING SOUTH 00°02'08" WEST, A DISTANCE OF 35.00 FEET TO A POINT;
THENCE, BEARING NORTH 89039'50" WEST, A DISTANCE OF 128.51 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 02°34'21", A CHORD LENGTH OF
775.26 FEET BEARING NORTH 30043'42" WEST;
THENCE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND THE EASTERLY RIGHT OF
WAY LINE OF U.S. HIGHWAY 1, A DISTANCE OF 775.32 FEET TO A POINT;
ORDINANCE NO. 2012- 010
THENCE, BEARING SOUTH 89050'04" EAST, A DISTANCE OF 1,199.39 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 597,183 SQUARE FEET OR 13.71
ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RIGHT-OF-WAY OF RECORD,
CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE.
Is changed from OCR, Office, Commercial, Residential District, to CG, General Commercial District.
All with the meaning and intent as set forth and described in said Land Development Regulations.
Parcel 2
EAST 13 ACRES OF THE NORTH 1/2 OF GOVERNMENT LOT 2, SECTION 34, TOWNSHIP 31
SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY; LESS AND EXCEPT THAT PORTION OF SAID
LAND CONVEYED TO THE STATE OF FLORIDA BY INSTRUMENT RECORDED IN OFFICIAL
RECORDS BOOK 100, PAGE 493, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
LESS AND EXCEPT THE WEST 140.00 FEET THEREOF AS MEASURED PERPENDICULAR TO SAID
WEST LINE, CONTAIN 11.26 ACRES, MORE OR LESS.
Subject to easements, restrictions, reservations and rights of way of record, is changed from RS -1, Single -
Family Residential District (up to 1 unit/acre), to CON -2, Estuarine Wetlands Conservation District.
All with the meaning and intent as set forth and described in said Land Development Regulations.
Parcel 3
ALL THAT CERTAIN, PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A
PORTION LOT 10, BLOCK 5, GRAVES ADDITION TO WABASSO, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 41 OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT;
BEGINNING AT THE NORTHEAST CORNER SAID LOT 10;
THENCE, BEARING SOUTH 0007'24" EAST, A DISTANCE OF 107.86 FEET TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 1;
THENCE, BEARING NORTH 32015'17" WEST, ALONG SAID EASTERLY RIGHT OF WAY LINELINE, A
DISTANCE OF 127.70 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 10;
THENCE, LEAVING SAID EASTERLY LINE, BEARING SOUTH 89°52'50" EAST, ALONG THE NORTH
LINE OF SAID LOT 10, A DISTANCE OF 67.92 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 3,663 SQUARE FEET OR 0.08 ACRES,
MORE OR LESS. SUBJECT TO ALL EASEMENTS, RIGHT-OF-WAY OF RECORD, CONDITIONS AND
RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE.
Is changed from CL, Limited Commercial District, to CG, General Commercial District
ORDINANCE NO. 2012- 010
All with the meaning and intent as set forth and described in said Land Development Regulations.
Effective Date: This ordinance shall become effective 31 days after the State Land Planning
Agency determines that the associated land use amendment package is complete, unless a
petition is filed by an affected party.
Approved and adopted by the Board of County Commissioners of Indian River County, Florida,
on this 15 day of May , 2012.
This ordinance was advertised in the Press -Journal on the 30 day of April , 2012, for a public
hearing to be held on the _15_ day of may , 2012, at which time it was moved for adoption by
Commissioner Pi esrher , seconded by Commissioner Wheeler , and adopted
by the following vote:
Gary C. Wheeler, Chairman Ave
Peter O'Bryan, Vice Chairman Aye _
Bob Solari, Commissioner Ahst a ned
Wesley S. Davis, Commissioner Aye
Joseph E. Flescher, Commissioner Ave
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
�}
BY:
Gary Wheeler, Chairman
r,� V 0Urrr+r
.....
ATTEST BY:
Jeffrey K. Barton, Clerk
Acknowledgment by the Department of State received on this day of ,
2012, at A.M./P.M. and filed in the office of the Clerk of the Board of the County
Commissioners of Indian River County, Florida.
8
ORDINANCE NO. 2012-010
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Alan S. Polachwich, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, Al /
Community Development Direct
FACommunity Development\Comprehensive Plan Land Use Amendments\Orchid Quay, Highpointe, William Hunter- July 2011\Resolution and
Ordinance\Rezoning Ordinance orchid quay May 15, 2012.doc