HomeMy WebLinkAbout2019-009ORDINANCE NO. 2019- 009
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND ZONING MAP FOR ±11.59 ACRES LOCATED AT THE
SOUTHEAST CORNER OF 79TH STREET AND U.S. HIGHWAY 1 FROM CL, LIMITED
COMMERCIAL DISTRICT, TO RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT (1JP
TO 6 UNITS PER ACRE); AND TO SIMULTANEOUSLY CHANGE THE ZONING
DESIGNATION OF ±10.61 ACRES LOCATED AT THE NORTHEAST CORNER OF 41sT
STREET AND U.S. HIGHWAY 1 FROM RM -6, MULTI -FAMILY RESIDENTIAL
DISTRICT (UP TO 6 UNITS PER ACRE), TO CL, LIMITED COMMERCIAL DISTRICT
AND TO CHANGE THE ZONING DESIGNATION OF ±0.83 ACRES LOCATED
ADJACENT TO THE NORTHWEST CORNER OF THAT PROPERTY FROM RM -6,
MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS PER ACRE), TO OCR
OFFICE, COMMERCIAL, RESIDENTIAL 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:
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ORDINANCE NO. 2019-009
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. 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 CL, Limited 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.
W]
Subject Property 2:
The zoning of the following described property situated in Indian River County, Florida, to -wit:
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 41 st 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
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ORDINANCE NO. 2019- D09
SAID EAST RIGHT OF WAY LINE, NORTH 15°22'00" 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 104°11'21", 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 01'19'42" WEST, A DISTANCE
OF 5.00 FEET; THENCE RUN NORTH 88°53'29" 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 00032'12"
EAST, 174.03 FEET; THENCE RUN SOUTH 83028'12" WEST, A DISTANCE OF 245.38 FEET
TO THE POINT OF BEGINNING.
Said parcel containing 0.827 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 OCR, Office,
Commercial, Residential district. All with the meaning and intent as set forth and described in said
Land Development Regulations.
ME
Subject Property 3:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 26, RUN NORTH 00°09'03" 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
HIGHWAY No.l; 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
00°32'12" 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.
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ORDINANCE NO. 2019- 009
Said parcel 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.
Is changed from RM -6, Multi -Family Residential 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 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 5`h day of March 2019.
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 Flescher _ , seconded by Commissioner
zorc , aLid 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, Commissioner
AYE..
�on�M�s
BOARD OF COUNTY COMMISSIONER SJR> S!a,, a ;
OF INDIAN RIVER COUNTY
BY: cry
Bob Solari, Chairman9yR'L.. couti.``::
ATTEST BY:
Jeffry Smith, Clerk Of Circuit Court and Comptroller
This ordinance was filed with the Department of State
date:
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on the following
ORDINANCE NO. 2019- 009
APPROVED AS TO ORM D LEGAL SUFFICIENCY
4 - W( —
illiam K. DeBraal, Deputy County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AICP; C unity Development Director
FXommunity Development\Comprehensive Plan Land Use Amendments\Schwerin Asset Advisors & Indian River Land TrusAResolution and
OrdinanalSchwerin & IR Land Trust Zoning Swap - Rezoning Ordinanoe.docx
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