HomeMy WebLinkAbout2020-003ORDINANCE NO. 2020- 003
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY
±6.13 ACRES LOCATED NORTH OF 53`d STREET AND WEST OF THE FLORIDA
EAST COAST RAILROAD AND THE EXISTING CEMEX FACILITY (3150 53RD
STREET, VERO BEACH, FL 32967) FROM A-1, AGRICULTURAL DISTRICT (UP TO I
UNIT/5 ACRES), TO IG, GENERAL INDUSTRIAL DISTRICT (Parcel A2); AND ±15.85
ACRES LOCATED NORTH OF 53RD STREET AND WEST AND ADJACENT TO
SUBJECT PROPERTY I FROM A-1, AGRICULTURAL DISTRICT (UP TO I UNIT/5
ACRES), TO CH, HEAVY COMMERCIAL DISTRICT (Parcel BI); AND ±4.78 ACRES
LOCATED NORTH OF 53RD STREET AND WEST AND ADJACENT TO SUBJECT
PROPERTY 2 FROM IG, GENERAL INDUSTRIAL DISTRICT, TO CG, GENERAL
COMMERCIAL DISTRICT (Parcel 132); 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:
Parcel A2
A PARCEL OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 15,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING
NORTH OF 53RD STREET RIGHT-OF-WAY, EAST OF INDIAN RIVER FARMS WATER
CONTROL DISTRICT LATERAL "H" CANAL RIGHT-OF-WAY, SOUTH OF INDIAN
RIVER FARMS WATER CONTROL DISTRICT "NORTH RELIEF CANAL" RIGHT -OF -
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ORDINANCE NO. 2020-003
WAY AND WEST OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY. SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 15, TOWNSHIP 32
SOUTH, RANGE 39 EAST RUN NORTH 89°48'53" WEST ALONG THE SOUTH LINE OF
SAID SECTION 15 A DISTANCE OF 232.95 FEET TO THE WEST RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILWAY (A 100 FEET WIDE RIGHT-OF-WAY) AND
THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH
89048'53" WEST ALONG SAID SOUTH LINE OF SECTION 15 A DISTANCE OF 1929.88
FEET TO THE EAST RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER
CONTROL DISTRICT LATERAL "H" CANAL (A 160 FEET WIDE RIGHT-OF-WAY);
THENCE RUN NORTH 26042'44" WEST ALONG SAID EAST RIGHT-OF-WAY LINE A
DISTANCE OF 47.69 FEET; THENCE RUN NORTH 04044'51 " WEST ALONG SAID EAST
RIGHT-OF-WAY A DISTANCE OF 957.08 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT "NORTH RELIEF
CANAL" RIGHT-OF-WAY (A 250 FEET WIDE RIGHT -OF WAY); THENCE RUN SOUTH
85030'22" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 1799.32
FEET TO THE AFOREMENTIONED WEST RIGHT-OF-WAY LINE OF THE FLORIDA
EAST COAST RAILWAY; THENCE RUN SOUTH 15021'44" EAST ALONG SAID WEST
RIGHT-OF-WAY LINE A DISTANCE OF 893.59 FEET TO THE POINT OF BEGINNING;
LESS AND EXCEPT THE FOLLOWING: COMMENCING AT THE SOUTHEAST CORNER
OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST RUN NORTH 89048'53" WEST
ALONG THE SOUTH LINE OF SAID SECTION 15 A DISTANCE OF 1108.43 FEET TO
THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH
89048'53" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 1054.53 FEET TO THE
EAST RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL
DISTRICT LATERAL "H" CANAL (A 160 FEET WIDE RIGHT-OF-WAY); THENCE RUN
NORTH 26042'44" WEST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF
47.69 FEET; THENCE RUN NORTH 04°44'51" WEST ALONG SAID EAST RIGHT-OF-
WAY A DISTANCE OF 957.08 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THE
INDIAN RIVER FARMS WATER CONTROL DISTRICT "NORTH RELIEF CANAL"
RIGHT-OF-WAY (A 250 FEET WIDE RIGHT -OF WAY); THENCE RUN SOUTH 85030'22"
EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 1161.57 FEET TO A
LINE BEING 284.20 FEET WEST OF, NORMAL TO AND PARALLEL WITH THE EAST
BOUNDARY LINE OF THAT CERTAIN PARCEL "FLESHER TO JENKINS" DESCRIBED
IN WARRANTY DEED, OFFICIAL RECORDS BOOK 484, PAGE 78, PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 00°11'24" WEST ALONG
SAID LINE, A DISTANCE OF 908.80 FEET TO THE AFORESAID SOUTH LINE OF
SECTION 15 AND POINT OF BEGINNING,
AND LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 15, TOWNSHIP 32
SOUTH, RANGE 39 EAST RUN NORTH 89048'53" WEST ALONG THE SOUTH LINE OF
SAID SECTION 15 A DISTANCE OF 608.17 FEET AND POINT OF BEGINNING;
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ORDINANCE NO. 2020- 003
FROM SAID POINT OF BEGINNING RUN NORTH 00012'50" EAST A DISTANCE OF
402.40' FEET; THENCE RUN NORTH 89°48'36" WEST A DISTANCE OF 216.23 FEET
THE EAST BOUNDARY LINE OF THAT CERTAIN DESCRIBED PARCEL ACCORDING
TO WARRANTY DEED, OFFICIAL RECORDS BOOK 484, PAGE 78 OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN NORTH 00°11'24"
EAST ALONG SAID EAST BOUNDARY LINE A DISTANCE OF 484.97 FEET TO THE
AFORESAID SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER
CONTROL DISTRICT "NORTH RELIEF CANAL" RIGHT-OF-WAY; THENCE RUN
SOUTH 85030'22" EAST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF
352.75 FEET TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF THE
FLORIDA EAST COAST RAIL WAY, (100' WIDE RIGHT OF WAY); THENCE RUN
SOUTH 15021'44" EAST ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF
893.59 FEET TO THE AFORESAID SOUTH LINE OF SECTION 15; THENCE RUN NORTH
89048'53" WEST ALONG SAID SOUTH LINE A DISTANCE OF 375.28 FEET TO THE
POINT OF BEGINNING;
ALSO LESS AND EXCEPT THE SOUTH 150 FEET FOR 53RD STREET RIGHT-OF-WAY
THEREOF.
THE ABOVE DESCRIBED PARCEL CONTAINING 267,170.94 S.F. OR 6.13 ACRES,
MORE OR LESS, SUBJECT TO ALL RESTRICTIONS, RESERVATIONS,
ABANDONMENTS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, is changed from
A-1, Agricultural District (up to 1 unit per 5 acres) to IG, General Industrial District.
ErLf7
Parcel B 1
A PARCEL OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 15,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING
NORTH OF 53RD STREET RIGHT-OF-WAY, EAST OF INDIAN RIVER FARMS WATER
CONTROL DISTRICT LATERAL "H" CANAL RIGHT-OF-WAY, SOUTH OF INDIAN
RIVER FARMS WATER CONTROL DISTRICT "NORTH RELIEF CANAL" RIGHT-OF-
WAY AND WEST OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY. SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 15, TOWNSHIP 32
SOUTH, RANGE 39 EAST RUN NORTH 89°48'53" WEST ALONG THE SOUTH LINE OF
SAID SECTION 15 A DISTANCE OF 1108.43 FEET TO THE POINT OF BEGINNING;
FROM SAID POINT OF BEGINNING CONTINUE NORTH 89048'53" WEST ALONG SAID
SOUTH LINE, A DISTANCE OF 1054.53 FEET TO THE EAST RIGHT-OF-WAY LINE OF
THE INDIAN RIVER FARMS WATER CONTROL DISTRICT LATERAL "H" CANAL (A
160 FEET WIDE RIGHT-OF-WAY); THENCE RUN NORTH 26042'44" WEST ALONG
SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 47.69 FEET; THENCE RUN NORTH
04°44'51" WEST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 957.08 FEET TO
THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL
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ORDINANCE NO. 2020-003
DISTRICT "NORTH RELIEF CANAL" RIGHT-OF-WAY (A 250 FEET WIDE RIGHT -OF
WAY); THENCE RUN SOUTH 85030'22" EAST ALONG SAID SOUTH RIGHT-OF-WAY
LINE A DISTANCE OF 1161.57 FEET TO A LINE BEING 284.20 FEET WEST OF,
NORMAL TO AND PARALLEL WITH THE EAST BOUNDARY LINE OF THAT CERTAIN
PARCEL "FLESHER TO JENKINS" DESCRIBED IN WARRANTY DEED, OFFICIAL
RECORDS BOOK 484, PAGE 78, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; THENCE RUN SOUTH 00°11'24" WEST ALONG SAID LINE, A DISTANCE OF
908.80 FEET TO THE AFORESAID SOUTH LINE OF SECTION 15 AND POINT OF
BEGINNING;
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE
SOUTHEAST CORNER OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST RUN
NORTH 89048'53" WEST ALONG THE SOUTH LINE OF SAID SECTION 15 A DISTANCE
OF 2162.77 FEET TO THE EAST RIGHT OF WAY LINE OF THE INDIAN RIVER FARMS
WATER CONTROL DISTRICT "LATERAL `H' CANAL", (A 160.00 FEET WIDE RIGHT
OF WAY) AND POINT OF BEGINNING; FROM SAID POINT OF BEGINNING RUN
NORTH 26042'44" WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF
47.69 FEET; THENCE RUN NORTH 04°44'51" WEST AND CONTINUE ALONG SAID
EAST RIGHT-OF-WAY A DISTANCE OF 957.08 FEET TO THE SOUTH RIGHT-OF-WAY
LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT "NORTH RELIEF
CANAL" RIGHT-OF-WAY (A 250 FEET WIDE RIGHT -OF WAY); THENCE RUN SOUTH
85030'22" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 296.14
FEET TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF AFORESAID SECTION 15; THENCE RUN
SOUTH 01027'41" WEST ALONG SAID WEST LINE A DISTANCE OF 974.06 FEET TO
THE AFORESAID SOUTH LINE OF SECTION 15; THENCE RUN NORTH 89048'53"
WEST ALONG SAID SOUTH LINE A DISTANCE OF 169.75 FEET TO THE AFORESAID
EAST RIGHT OF WAY LINE OF "LATERAL `H' CANAL" AND POINT OF BEGINNING;
AND LESS AND EXCEPT THE SOUTH 150 FEET FOR 53RD STREET RIGHT-OF-WAY
THEREOF.
THE ABOVE DESCRIBED PARCEL CONTAINING 690,421.16 S.F. OR 15.85 ACRES,
MORE OR LESS, SUBJECT TO ALL RESTRICTIONS, RESERVATIONS,
ABANDONMENTS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, is changed from
A-1, Agricultural District (up to 1 unit per 5 acres) to CH, Heavy Commercial District.
AND
Parcel B2
A PARCEL OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 15,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING
NORTH OF 53RD STREET RIGHT-OF-WAY, EAST OF INDIAN RIVER FARMS WATER
CONTROL DISTRICT LATERAL "H" CANAL RIGHT-OF-WAY, SOUTH OF INDIAN
RIVER FARMS WATER CONTROL DISTRICT "NORTH RELIEF CANAL" RIGHT -OF -
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ORDINANCE NO. 2020- 003
WAY AND WEST OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY. SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 15, TOWNSHIP 32
SOUTH, RANGE 39 EAST RUN NORTH 89°48'53" WEST ALONG THE SOUTH LINE OF
SAID SECTION 15 A DISTANCE OF 2162.77 FEET TO THE EAST RIGHT OF WAY LINE
OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT "LATERAL `H' CANAL",
(A 160.00 FEET WIDE RIGHT OF WAY) AND POINT OF BEGINNING; FROM SAID
POINT OF BEGINNING RUN NORTH 26042'44" WEST ALONG SAID EAST RIGHT OF
WAY LINE A DISTANCE OF 47.69 FEET; THENCE RUN NORTH 04°44'51" WEST AND
CONTINUE ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 957.08 FEET TO THE
SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL
DISTRICT "NORTH RELIEF CANAL" RIGHT-OF-WAY (A 250 FEET WIDE RIGHT -OF
WAY); THENCE RUN SOUTH 85030'22" EAST ALONG SAID SOUTH RIGHT-OF-WAY
LINE A DISTANCE OF 296.14 FEET TO THE INTERSECTION WITH THE WEST LINE OF
THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF AFORESAID
SECTION 15; THENCE RUN SOUTH 01'27'41" WEST ALONG SAID WEST LINE A
DISTANCE OF 974.06 FEET TO THE AFORESAID SOUTH LINE OF SECTION 15;
THENCE RUN NORTH 89048'53" WEST ALONG SAID SOUTH LINE A DISTANCE OF
169.75 FEET TO THE AFORESAID EAST RIGHT OF WAY LINE OF "LATERAL `H'
CANAL" AND POINT OF BEGINNING;
LESS AND EXCEPT THE SOUTH 150 FEET FOR 53RD STREET RIGHT-OF-WAY
THEREOF.
THE ABOVE DESCRIBED PARCEL `B2' CONTAINING 208,110.59 S.F. OR 4.78 ACRES,
MORE OR LESS, SUBJECT TO ALL RESTRICTIONS, RESERVATIONS,
ABANDONMENTS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, is changed from
IG, General Industrial District to CG, General Commercial District.
All with the meaning and intent and 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 11 h day of February, 2020.
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ORDINANCE NO. 2020- 003
This ordinance was advertised in the Press -Journal on the 26th day of January 2020, for a
public hearing to be held on the 11th day of February, 2020 at which time it was moved for
adoption by Commissioner Joseph E. Fieschei; seconded by Tim Zorc , and
adopted by the following vote:
Susan Adams, Chairman
AYE
Joseph E. Flescher, Vice Chairman
AYE
Tim Zorc, Commissioner
AYE
Peter D. O'Bryan, Commissioner
AYE
Bob Solari, Commissioner
AYE
G��NTY.CO�IJ;L�/she.
��
BOARD OF COUNTY CO IS ER
OF RIVER CO TY ;y
BY:
usan ams Chairman
ATTEST BY:�
Jeffrey Smith, Clerk Of Circuit ourt and Comptroller
This ordinance was filed with the Department of State on the following
date: 12 2ozo
APPROV D AS T FO A LE SUFFICIENCY
i G
William K. DeBraal, Deputy County Attorney
APPROV AS TO PLANNING MATTERS
Thr
Phillip J. Matson, AICP; Community Development Director
FACommunity Development\Rezonings\CEMEX - 53rd Street\E3CC\CLEANordinance CEMEX-no footnote.doc
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