HomeMy WebLinkAbout2019-008I -a LAr1IMi [o]a2IQWill L l f
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE
LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR ± 11.59 ACRES
LOCATED AT THE SOUTHEAST CORNER OF 79TH STREET AND U.S. HIGHWAY 1
FROM C/l, COMMERCIAL INDUSTRIAL, TO M-1, MEDIUM DENSITY RESIDENTIAL -1
(UP TO S UNITS PER ACRE); AND TO SIMULTANEOUSLY REDESIGNATE ±11.44
ACRES LOCATED AT THE NORTHEAST CORNER OF 41sT STREET AND U.S. HIGHWAY
1 FROM M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS PER ACRE), TO C/I,
COMMERCIAL INDUSTRIAL; 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 comprehensive plan amendment application
during its July 2018 amendment submittal window, and
WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on this
comprehensive plan amendment request on September 27, 2018, and due to a lack of quorum,
continued the public hearing until October 11, 2018, and
WHEREAS, the Local Planning Agency, after receiving public comments, recommended that
the Board of County Commissioners transmit the subject comprehensive plan amendment to State
and Regional review agencies; and
WHEREAS, the Board of County Commissioners, after due public notice, held a Transmittal
Public Hearing on November 20, 2018; and
WHEREAS, the Board of County Commissioners approved the transmittal of this
comprehensive plan amendment to State and Regional review agencies, and
WHEREAS, the Board of County Commissioners announced at the transmittal public hearing
its intention to advertise and hold a final public hearing at the adoption stage of this plan
amendment, and
WHEREAS, the Comprehensive Plan Amendment was transmitted to State and Regional
review agencies, and
WHEREAS, State and Regional review agencies had no objections concerning this Future Land
Use Map Amendment, and
WHEREAS, the Board of County Commissioners of Indian River County held a
Comprehensive Plan Amendment Adoption Public Hearing on March 5, 2019, after due public
notice.
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ORDINANCE NO. 2019 - 008
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River
County, Florida, that:
SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal
The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby
adopted, and the Board of County Commissioners directs staff to transmit copy of the amendment
to appropriate State and Regional review agencies.
SECTION 2. Amendment to the Comprehensive Plan
Subject Property 1:
TO CHANGE THE FUTURE LAND USE MAP DESIGNATION FROM CA, COMMERCIAL
INDUSTRIAL TO M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS PER ACRE)
FOR THE FOLLOWING DESCRIBED PROPERTY SITUATED IN INDIAN RIVER
COUNTY, FLORIDA:
A PARCEL OF LAND LYING IN GOVERNMENT LOT 5, SECTION 34, TOWNSHIP 31
SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF YORK
ROAD WITH THE NORTH RIGHT OF WAY LINE OF HOBART ROAD; THENCE NORTH
0 DEGREES 15 MINUTES 23 SECONDS EAST, ALONG SAID WEST RIGHT OF WAY LINE,
A DISTANCE OF 393.77 FEET; THENCE NORTH 24 DEGREES 41 MINUTES 35 SECONDS
WEST, A DISTANCE OF 286.23 FEET, TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL OF LAND, THENCE SOUTH 65 DEGREES 19 MINUTES 55
SECONDS WEST, A DISTANCE OF 599.83 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY LINE OF STATE ROAD #5 (US HIGHWAY 1); THENCE NORTH 24 DEGREES 40
MINUTES 05 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF
638.33 FEET; THENCE NORTH 0 DEGREES 15 MINUTES 21 SECONDS EAST, A
DISTANCE OF 297.10 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 17 SECONDS
EAST, A DISTANCE OF 329.91 FEET; THENCE NORTH 0 DEGREES 15 MINUTES 23
SECONDS EAST, A DISTANCE OF 25.00 FEET; THENCE NORTH 89 DEGREES 55
MINUTES 17 SECONDS EAST, A DISTANCE OF 329.96 FEET; THENCE SOUTH 0
DEGREES 14 MINUTES 24 SECONDS WEST, A DISTANCE OF 323.13 FEET; THENCE
SOUTH 24 DEGREES 41 MINUTES 35 SECONDS EAST, A DISTANCE OF 362.78 FEET TO
THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 11.5897 ACRES, MORE OR LESS.
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ORDINANCE NO. 2019 - 008
Subject Property 2:
TO CHANGE THE FUTURE LAND USE MAP DESIGNATION FROM M-1, MEDIUM
DENSITY RESIDENTIAL -1 (UP TO 8 UNITS PER ACRE), TO C/I, COMMERCIAL
INDUSTRIAL FOR THE FOLLOWING DESCRIBED PROPERTY SITUATED IN INDIAN
RIVER COUNTY, FLORIDA:
CONSISTING OF TWO PORTIONS OF LAND LYING IN SECTION 26, TOWNSHIP 32
SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
Portion 1:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 26, RUN NORTH 00009'03" WEST, A DISTANCE OF 50.00 FEET TO A
POINT ON THE NORTH RIGHT OF WAY LINE OF 41st STREET; THENCE RUN ALONG
SAID NORTH RIGHT OF WAY LINE SOUTH 89056'41" WEST, A DISTANCE OF 42.06
FEET; THENCE RUN NORTH 50°50'49" WEST, A DISTANCE OF 32.51 FEET TO A POINT
ON THE EAST RIGHT OF WAY LINE OF US HIGHWAY No. 1; THENCE RUN ALONG
SAID EAST RIGHT OF WAY LINE, NORTH 15022'00" WEST, A DISTANCE OF 401.82
FEET THE POINT OF BEGINNING;
THENCE CONTINUE NORTH 15°22'00" WEST, ALONG SAID EAST RIGHT OF WAY A
DISTANCE OF 100.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE LEAVING SAID
RIGHT OF WAY LINE RUN NORTHEAST ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 104011'21 ", AN ARC DISTANCE OF 45.46 FEET TO A POINT OF
TANGENCY; THENCE RUN NORTH 88°49'21" EAST, A DISTANCE OF 15.00 FEET;
THENCE RUN NORTH 01019'42" WEST, A DISTANCE OF 5.00 FEET; THENCE RUN
NORTH 88053'29" EAST, A DISTANCE OF 160.77 FEET; THENCE RUN NORTH 0002848"
WEST, A DISTANCE OF 65.64 FEET; THENCE RUN SOUTH 89051'19" EAST, A DISTANCE
OF 70.00 FEET; THENCE RUN SOUTH 00°32'12" EAST, 174.03 FEET; THENCE RUN
SOUTH 83028'12" WEST, A DISTANCE OF 245.38 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.827 ACRES MORE OR LESS.
Portion 2:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 26, RUN NORTH 00009'03" WEST, A DISTANCE OF 50.00 FEET TO A
POINT ON THE NORTH RIGHT OF WAY LINE OF 41st STREET AND THE POINT OF
BEGINNING; THENCE RUN ALONG SAID NORTH RIGHT OF WAY LINE SOUTH
89°56'41" WEST, A DISTANCE OF 42.06 FEET; THENCE RUN NORTH 50°50'49" WEST, A
DISTANCE OF 32.51 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF US
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ORDINANCE NO. 2019 - 008
HIGHWAY No. 1; THENCE RUN ALONG SAID EAST RIGHT OF WAY LINE, NORTH
15022'00" WEST, A DISTANCE OF 401.82 FEET; THENCE DEPARTING SAID RIGHT OF
WAY RUN NORTH 83028'12" EAST, A DISTANCE OF 245.38 FEET; THENCE RUN NORTH
00032'12" WEST, A DISTANCE OF 175.23 FEET; THENCE RUN SOUTH 89°52'07" EAST, A
DISTANCE OF 627.16 FEET; THENCE RUN SOUTH 00°07'53" WEST, A DISTANCE OF
611.89 FEET TO THE AFORESAID NORTH RIGHT OF WAY LINE OF 41st STREET;
THENCE RUN NORTH 89048'50" WEST ALONG SAID RIGHT OF WAY LINE, A
DISTANCE OF 694.16 FEET TO THE POINT OF BEGINNING.
CONTAINING 10.61 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.
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
The effective date of this plan amendment, if the amendment is not timely
challenged, shall be 31 days after the state land planning agency notifies the local
government that the plan amendment package is complete. If timely challenged, this
amendment shall become effective on the date the state land planning agency or the
Administration Commission enters a final order determining this adopted amendment to
be in compliance. No development orders, development permits, or land uses dependent
on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a
copy of which resolution shall be sent to the state land planning agency.
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ORDINANCE NO. 2019 - 008
This ordinance was advertised in the Press -Journal on the 17th day of February, 2019, for a public
hearing to be held on the 5th day of March 2019, at which time it was moved for adoption by
Commissioner a' Bryan , seconded by Commissioner
Zorr , and adopted by the following vote:
Bob Solari, Chairman AYE
Susan Adams, Vice Chairman AYE
Joseph E. Flescher, Commissioner AYE
Tim Zorc, Commissioner AYE
Peter D. O'Bryan, Commi AYE
BOARD OF COUNTY COMMISSIONERS?'��
OF INDIAN RIVER COUNTY ' *:
Bob Solari, C firman
ATTEST BY:
Jeffry Smith, Clerk Of Circuit Court and Comptroller
This ordinance was filed with the Department of State on the following
date:
APPROVED A5 TO FORM AN GAL SUFFICIENCY
& " " a— k. - � /
'William K. dedraaf,Deputy County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, All('1141 Community Development Director
FACommunity DevelopmentlComprehensive Plan Land Use AmendmentslSchwerin Asset Advisors & Indian River Land TrustlResolution and
ordinano Schwerin & IR Land Trust Land Use Swap - LUDA Ordinance.docx
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