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Home My WebLink About2016-004ORDINANCE NO. 2016- 004 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ±12.39 ACRES LOCATED EAST OF OLD DIXIE HIGHWAY, NORTH OF 77TH STREET AND WEST OF US HIGHWAY 1, FROM CL, LIMITED COMMERCIAL DISTRICT, TO CH, HEAVY COMMERCIAL DISTRICT; AND ±2.79 ACRES LOCATED APPROXIMATELY 1,450 FEET NORTH OF 77TH STREET, EAST OF OLD DIXIE HIGHWAY AND WEST OF US HIGHWAY 1, FROM RMH-6, RESIDENTIAL MOBILE HOME DISTRICT (UP TO 6 UNITS/ACRE), TO CL, LIMITED 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: PART 1: ALL THAT CERTAIN PARCEL BEING IN SECTIONS 33 AND 34, TOWNSHIP 31 SOUTH, RANGE 39 EAST OF THE TALLAHASSEE BASE MERIDIAN, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 34, THENCE NORTH 00° 00'00" EAST, A DISTANCE OF 736.62 FEET; THENCE CONTINUE NORTH 00° 00'00" EAST, A DISTANCE OF 375.35 FEET TO THE POINT OF BEGINNING: THENCE NORTH 89° 02'05" EAST, A DISTANCE OF 152.57 FEET TO THE WESTERLY RIGHT-OF-WAY Page 1 of 4 ORDINANCE NO. 2016- 004 LINE OF US HIGHWAY 1; THENCE NORTH 25° 14'52" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 213.73 FEET; THENCE SOUTH 89° 02'10" WEST, A DISTANCE OF 61.39 FEET THENCE NORTH 00° 00'00" EAST, A DISTANCE OF 24.74 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF AFORESAID SECTION 33, THENCE SOUTH 890 02'05" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 656.66 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY; THENCE SOUTH 260 49'42" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1,176.06 FEET; THENCE NORTH 63° 10'18" EAST, A DISTANCE OF 73.73 FEET TO A POINT LYING 60 FEET WESTERLY OF THE WEST LINE OF AFORESAID SECTION 34; THENCE NORTH 00° 00'00" EAST, ALONG A LINE 60 FEET WEST OF AND PARALLEL WITH SAID WEST LINE, A DISTANCE OF 432.28 FEET; THENCE NORTH 260 44'04" WEST, A DISTANCE OF 415.66 FEET; THENCE NORTH 890 02'05" EAST, A DISTANCE OF 247.02 FEET TO THE POINT OF BEGINNING. PART 2: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTIONS 33 AND 34, TOWNSHIP 31 SOUTH, RANGE 39 EAST OF THE TALLAHASSEE BASE MERIDIAN, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SECTION 34, TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE, BEARING NORTH 000 00'00" EAST, A DISTANCE OF 35.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 89° 06'33" WEST, A DISTANCE OF 6.26 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET, RADIUS BEARS AT SAID POINT NORTH 580 07'30" EAST; THENCE NORTHERLY A DISTANCE OF 2.20 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 02'47", TO A POINT; THENCE BEARING NORTH 260 4942" WEST, A DISTANCE OF 262.45 FEET TO A POINT; THENCE BEARING NORTH 630 10'18" EAST, A DISTANCE OF 73.73 FEET TO A POINT; THENCE BEARING NORTH 000 00'00" EAST, A DISTANCE OF 432.28 FEET TO A POINT; THENCE BEARING NORTH 260 44'04" WEST, A DISTANCE OF 415.66 FEET TO A POINT; THENCE BEARING NORTH 89° 02'05" EAST, A DISTANCE OF 399.59 FEET TO A POINT; THENCE BEARING SOUTH 250 14'52" EAST, A DISTANCE OF 410.88 FEET TO A POINT; THENCE BEARING SOUTH 88° 54'03" WEST, A DISTANCE OF 327.86 FEET TO A POINT; THENCE BEARING SOUTH 000 00'00" WEST, A DISTANCE OF 701.61 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 12.39 ACRES, MORE OR LESS, SUBJECT TO ALL EASEMENTS, CONDITIONS, AND RESTRICTIONS, AS CONTAINED WITHIN THE CHAIN OF TITLE. Page 2 of 4 ORDINANCE NO. 2016- 004 is changed from CL, Limited Commercial District, to CH, Heavy Commercial District. All with the meaning and intent as set forth and described in said Land Development Regulations. AND That the zoning of the following described property situated in Indian River County, Florida to wit: THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING EAST OF THE EASTERLY RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST, RUN NORTH 175 FEET, THENCE WEST 1320 FEET, THENCE SOUTH 175 FEET, THENCE EAST 1320 FEET TO THE POINT OF BEGINNING, LESS FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND LESS U.S. HIGHWAY NO. 1 RIGHT OF WAY AND LESS AND EXCEPT RIGHT OF WAY FOR OLD DIXIE HIGHWAY. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL CONTAINING 2.79 ACRES, MORE OR LESS, SUBJECT TO ALL EASEMENTS, CONDITIONS, AND RESTRICTIONS, AS CONTAINED WITHIN THE CHAIN OF TITLE. is changed from RMH-6, Residential Mobile Home District up to 6 units/acre to CL, Limited 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 5th day of April, 2016. This ordinance was advertised in the Press -Journal on the 15th day of February 2016, for a public hearing to be held on the 1St day of March, 2016 at which time it was continued until the April 5th 2016 Board of County Commissioners meeting at which time it was moved for adoption by Commissioner Day -is , seconded by FleschEw , and adopted by the following vote: Bob Solari, Chairman NAY Joseph E. Flescher, Vice Chairman AYE Wesley S. Davis, Commissioner AYE Page 3 of 4 ORDINANCE NO. 2016- 004 Peter D. O'Bryan, Commissioner Tim Zorc, Commissioner BOARD OF COUNTY COMMISSIONERS NAY AYE OF INDIAN RIVER COUNTY . foJ�::••• BY: Bob Solari, Chairman ATTEST BY: •••.,RCouN of ey mitt, Clerk ircuit Court and Comptroller This ordinance was filed with the Department of State on the following date: A7)PPRQVED AST O AL SUFFICIENCY William K. DeBraal, Deputy ounty Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AIP Community Development Director FACommunity Development\Rezonings\MPM Seven, LP\Ordinance\Ordinance - MPM Seven Rezoning.doc Page 4 of 4