HomeMy WebLinkAbout2014-007ORDINANCE NO. 2014- 007
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND ZONING MAP FOR APPROXIMATELY ±8.34 ACRES
LOCATED AT THE SOUTHWEST CORNER OF GRAND HARBOR BLVD AND
INDIAN RIVER BLVD FROM CG, GENERAL COMMERCIAL DISTRICT, TO RM -6,
MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS PER ACRES); AND TO
SIMULTANEOUSLY CHANGE THE ZONING DESIGNATION OF ±8.34 ACRES
LOCATED SOUTHEAST CORNER OF INDIAN RIVER BLVD AND 53RD STREET
FROM RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS PER
ACRES), 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:
Subject Property 1:
The zoning of the following described property situated in Indian River County, Florida, to -wit:
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
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ORDINANCE N0.2014- 007
OF THE HEREON DESCRIBED PARCEL; THENCE CONTINUE NORTH 89056'54" WEST AND
PARALLEL WITH THE SAID NORTH LINE OF SECTION 23 A DISTANCE OF 362.50 FEET; THENCE
SOUTH 45003'11" 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 20000'03" FOR AN ARC LENGTH OF 628.34 FEET, SAID CURVE BEING
SUBTENDED BY A CHORD OF 625.16 FEET THAT BEARS SOUTH 09057'10", TO AN INTERSECTION
WITH THE SOUTH LINE OF THE NORTHEAST ONE QUARTER OF THE NORTHWEST ONE
QUARTER OF SAID SECTION 23; THENCE SOUTH 89048'32" 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.
Is changed from RM -6, Multi -Family Residential District (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.
And
Subject Property 2:
The zoning of the following described property situated in Indian River County, Florida, to -wit:
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 26011'17" 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 58050'46"; 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 58045'03" EAST, A DISTANCE OF 34.20 FEET;
THENCE NORTH 31014'57" WEST, A DISTANCE OF 126.33 FEET; THENCE NORTH 45°05'17" WEST,
A DISTANCE OF 138.46 FEET; THENCE NORTH 81038'13" WEST, A DISTANCE OF 74.53 FEET;
THENCE SOUTH 53021'47" WEST, A DISTANCE OF 161.47 FEET; THENCE NORTH 43056'26" 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 29012'46" 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
53°27'26" EAST, A DISTANCE OF 200.00 FEET TO THE INTERSECTION OF THE SOUTH RIGHT -OF -
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ORDINANCE NO. 2014- 007
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 10°21'14'; 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.
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.
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 15th day of April, 2014.
This ordinance was advertised in the Press -Journal on the 31St day of March 2014, for a
public hearing to be held on the 15th day of April, 2014 at which time it was moved for adoption
by Commissioner F l e s c h e r , seconded by Commissioner
Davis , and adopted by the following vote:
Peter O'Bryan, Chairman Aye
Wesley S. Davis, Vice Chairman Aye
Bob Solari, Commissioner Aye
Tim Zorc, Commissioner Aye
Joseph E. Flescher, Commissioner Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
] I
BY: I04W:0_�
Peter O'Bryan, Chairman
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By: l X"`°"►"- Ott.,
Deputy Clerk
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ORDINANCE NO. 2014- 007
This ordinance was filed with the Department of State
date:
APPROVED AS TO FORM N LEGAL SUFFICIENCY
County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AICP; Co nity Development Director
on the following
FACommunity Development\Comprehensive Plan Land Use Amendments\Grand Harbor land use swap 2013 - LUDA - 279\Resolution and
Ordinances\Rezoning Ordinance GH Zoning swap 4-15-2014.doc
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