HomeMy WebLinkAbout2015-020ORDINANCE NO. 2015- .02
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY
±1.98 ACRES LOCATED AT THE SOUTHEAST CORNER OF OLD DIXIE HIGHWAY
SW AND 9TH STREET SW, FROM CH, HEAVY COMMERCIAL DISTRICT, 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 the zoning of the following described property situated in
Indian River County, Florida, to -wit:
THAT PART OF THE NORTH 12 ACRES OF THE NORTHWEST 1/40F THE NORTHWEST
1/4, LYING WEST OF THE FLORIDA EAST COAST RAILWAY AND EAST OF THE OLD
DIXIE HIGHWAY, SECTION 30, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN
RIVER COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4, SECTION 30;
THENCE RUN ALONG THE NORTH LINE OF SAID NORTHWEST '/4, NORTH 89°45'03"
EAST, A DISTANCE OF 616.34 FEET TO THE WEST RIGHT OF WAY LINE OF THE
FLORIDA EAST COAST RAILROAD, A 100 FOOT RIGHT OF WAY AND A POINT ON A
CURVE CONCAVE TO THE NORTHEAST, THE RADIUS OF WHICH BEARS NORTH
79015'49" EAST, A DISTANCE OF 5779.58 FEET; THENCE RUN SOUTHERLY ALONG
THE ARC OF SAID CURVE AND WEST RIGHT OF WAY LINE THROUGH A CENTRAL
ANGLE OF 00024'48", AN ARC DISTANCE OF 41.70 FEET TO THE SOUTH RIGHT OF
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ORDINANCE NO. 2015- 02�
WAY LINE OF OSLO ROAD PER O.R.BOOK 122, AT PAGE 378 OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID POINT ALSO BEING THE
POINT OF BEGINNING; THENCE CONTINUE SOUTHERLY ALONG SAID CURVE AND
WEST RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 03034'35", AN ARC
DISTANCE OF 360.76 FEET; THENCE LEAVING SAID WEST RIGHT OF WAY LINE,
RUN SOUTH 79038'38" WEST, A DISTANCE OF 241.18 FEET TO THE EAST RIGHT OF
WAY LINE OF OLD DIXIE HIGHWAY, A VARIABLE WIDTH RIGHT OF WAY, AS IT
NOW EXISTS; THENCE RUN NORTH 11°46'05" WEST ALONG SAID EAST RIGHT OF
WAY LINE, A DISTANCE OF 92.09 FEET; THENCE RUN NORTH 10°30'25" WEST, A
DISTANCE OF 182.66 FEET; THENCE RUN NORTH 08°16'51" WEST, A DISTANCE OF
75.86 FEET; THENCE RUN NORTH 39°24'05" EAST, A DISTANCE OF 54.29 FEET TO
THE SOUTH RIGHT OF WAY LINE OF OSLO ROAD (9TH STREET S.W.), A VARIABLE
WIDTH RIGHT OF WAY, AS IT NOW EXISTS TO A POINT OF CURVATURE OF A
CURVE CONCAVE TO THE NORTH, THE RADIUS OF WHICH BEARS NORTH
01018'10" WEST, A DISTANCE OF 10374.90 FEET; THENCE RUN EASTERLY ALONG
SAID CURVE AND SOUTH RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF
00012'38", AN ARC DISTANCE OF 38.12 FEET; THENCE RUN NORTH 86048'29" EAST,
A DISTANCE OF 64.61 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
TO THE SOUTH, THE RADIUS OF WHICH BEARS SOUTH 02020'53" EAST, A
DISTANCE OF 13960.00 FEET; THENCE RUN EASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 00014'48", AN ARC DISTANCE OF 60.12
FEET; THENCE RUN NORTH 87°44'42" EAST, A DISTANCE OF 22.38 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 1.98 ACRES, MORE OR LESS, SUBJECT TO ALL
EASEMENTS, CONDITIONS, AND RESTRICTIONS, AS CONTAINED WITHIN THE
CHAIN OF TITLE.
is changed from CH, Heavy Commercial District, to CG, General Commercial District.
All with the meaning and intent as set forth and described in said Land Development
Regulations.
This ordinance shall become effective upon filing with the Department of State.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 8th day of December, 2015.
This ordinance was advertised in the Press -Journal on the 23`d day of November 2015, for
a public hearing to be held on the 8th day of December, 2015 at which time it was moved for
adoption by Commissioner Davis , seconded by Corrmissioner zorc , and
adopted by the following vote:
Bob Solari, Chairman AVE
Joseph E. Flescher, Vice Chairman AVE
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ORDINANCE NO. 2015- 020
Wesley S. Davis, Commissioner AV -P. D. O'Bryan, Commissioner AVE
Tim Zorc, Commissioner AVE
NE R
BOARD OF COUNTY COMMISSIONERS ,.�•,�;.• •""""• '�
OF INDIAN RIVER COUNTY rico: Qi•
BY:
Bob Solari, Chairman s ,� •.. ;�t ,. J��
ATTEST BY: `••�''' -�Nd SAN R�����'o •
Je y MiA, Clerk Of Circuit Court and Comptroller
This ordinance was filed with the Department of State on the following
date:
APPROVED AS O FO NDAL SUFFICIENCY
William K. DeBraal, Neputy Coun y Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AICCommunity Development Director
FACommunity Development\Rezonings\Sammartino - CH to CG Year 2015\Ordinance\Ordinance - Sammartino Rezoning.doc
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