HomeMy WebLinkAbout2021-009ORDINANCE NO. 2021- 009
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY
±40.25 ACRES LOCATED SOUTH OF AND ADJACENT TO 26th STREET
APPROXIMATELY ±775 FEET EAST -OF 66th AVENUE AND APPROXIMATELY ±700
FEET WEST OF 58th AVENUE AND NORTH OF THE INDIAN RIVER MALL, FROM
PDTND, PLANNED DEVELOPMENT TRADITIONAL NEIGHBORHOOD DESIGN, TO
RM -8, MULTIPLE FAMILY RESIDENTIAL DISTRICT (UP TO 8 UNITS PER ACRE); 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:
SITUATED IN THE NORTH 1/2 OF SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39
EAST, INDIAN RIVER COUNTY, FLORIDA:
COMMENCING AT A POINT BEING 50.0 FEET EAST AND 30.0 FEET SOUTH OF THE
NORTHWEST CORNER OF THE NORTHWEST ONE QUARTER OF SECTION 5,
TOWNSHIP 33 SOUTH, RANGE 39 EAST; RUN PARALLEL TO THE NORTH LINE OF
SAID SECTION 5, SOUTH 89°46'03" EAST, 'A DISTANCE OF 687.22 FEET TO THE
PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION:
RUNNING PARALLEL TO THE NORTH LINE OF SAID SECTION 5, SOUTH 89°46'03"
EAST, A DISTANCE OF 1921.89 FEET TO A POINT; THENCE CONTINUING RUNNING
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ORDINANCE NO. 2021- op9
PARALLEL TO THE SAID NORTH LINE OF SECTION 5, SOUTH 89045'58" EAST, A
DISTANCE OF 333.91 FEET TO THE NORTHWEST CORNER OF THE PLAT OF BELLA
ROSA, AS RECORDED IN PLAT BOOK 23, PAGE 25, INDIAN RIVER COUNTY
RECORDS; THENCE SOUTH 00°14'14" WEST, ALONG THE WEST LINE OF SAID PLAT,
A DISTANCE OF 504.22 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE
NORTH 55034'30" EAST, ALONG THE SOUTHERLY LINE OF SAID PLAT OF BELLA
ROSA, A DISTANCE OF 116.02 FEET TO A POINT; THENCE DEPARTING THE
SOUTHERLY LINE OF SAID PLAT, PROCEED NORTH 87009'12" EAST, A DISTANCE
OF 7.99 FEET TO A POINT; THENCE NORTH 55°44'03" EAST, A DISTANCE OF 222.15
FEET TO A POINT; THENCE NORTH 21033'17" EAST, A DISTANCE OF 8.58 FEET TO A
POINT ON THE AFOREMENTIONED SOUTHERLY LINE OF SAID PLAT OF BELLA
ROSA, AND FOR THE FOLLOWING SIX (6) COURSES:
NORTH 55034'30" EAST, A DISTANCE OF 100.40 FEET TO A POINT; THENCE
NORTH 89°40'41" EAST, A DISTANCE OF 258.58 FEET TO A POINT; THENCE
SOUTH 00015'52" WEST, A DISTANCE OF 100.15 FEET TO A POINT; THENCE
NORTH 89°41'01" EAST, A DISTANCE OF 143.04 FEET TO A POINT; THENCE
NORTH 00015'06" EAST, A DISTANCE OF 100.17 FEET TO A POINT; THENCE
NORTH 89°40'41" EAST, A DISTANCE OF 173.33 FEET TO A POINT, THENCE
DEPARTING SAID SOUTHERLY LINE, PROCEED SOUTH 84°09'32" EAST, A
DISTANCE OF 73.53 FEET TO A POINT; THENCE NORTH 48°00'05" EAST, A
DISTANCE OF 11.87 FEET TO A POINT ON THE AFOREMENTIONED SOUTHERLY
LINE OF SAID PLAT OF BELLA ROSA; THENCE ALONG SAID SOUTHERLY LINE,
PROCEED NORTH 89040'41" EAST, A DISTANCE OF 27.78 FEET TO A POINT, THENCE
DEPARTING SAID SOUTHERLY LINE, PROCEED SOUTH 55015'05" EAST, A
DISTANCE OF 10.10 FEET TO A POINT; THENCE NORTH 84019'18" EAST, A
DISTANCE OF 62.17 FEET TO A POINT ON THE AFOREMENTIONED SOUTHERLY
LINE OF SAID PLAT OF BELLA ROSA; THENCE ALONG SAID SOUTHERLY LINE,
PROCEED NORTH 89040'41" EAST, A DISTANCE OF 324.13 FEET TO A POINT;
THENCE DEPARTING SAID SOUTHERLY LINE, PROCEED SOUTH 83°16'45" EAST, A
DISTANCE OF 66.01 FEET TO A POINT; THENCE NORTH 47052'06" EAST, A
DISTANCE OF 12.14 FEET TO A POINT ON THE AFOREMENTIONED SOUTHERLY
LINE OF SAID PLAT OF BELLA ROSA; THENCE NORTH 89°40'41" EAST, ALONG SAID
SOUTHERLY LINE, A DISTANCE OF 72.83 FEET TO THE SOUTHEAST CORNER OF
SAID PLAT OF BELLA ROSA, THENCE DEPARTING SAID PLAT, PROCEED ALONG
THE WESTERLY LINE OF THAT CERTAIN PARCEL CONVEYED TO INDIAN RIVER
COUNTY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 1147, PAGE 499, PUBLIC
RECORDS OF INDIAN RIVER COUNTY; THENCE FOR THE FOLLOWING TWO (2)
COURSES:
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ORDINANCE NO. 2021- o09
SOUTH 00017'48" WEST, A DISTANCE OF 277.03 FEET TO A POINT; THENCE
SOUTH 33036'26" EAST, A DISTANCE OF 143.82 FEET TO A POINT ON THE
NORTHERLY LINE OF THE PLAT OF RIVIERA ESTATES, AS RECORDED IN PLAT
BOOK 1, PAGE 12, AND PLAT BOOK 10, PAGE 33, ALL IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY; THENCE NORTH 89°52'20" WEST, ALONG THE NORTH
LINE OF SAID PLAT OF RIVIERA ESTATES, A DISTANCE OF 683.12 FEET TO THE
NORTHWEST CORNER OF SAID PLAT; THENCE SOUTH 00°16'43" WEST, ALONG THE
WEST LINE OF SAID RIVIERA ESTATES, A DISTANCE OF 320.46 FEET TO THE
NORTHEAST CORNER OF LOT 9 OF THE PLAT OF INDIAN RIVER MALL — THE MALL
SUBDIVISION, AS RECORDED IN PLAT BOOK 14, PAGE 59, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE ALONG THE NORTH
LINE OF SAID LOT 9, FOR THE FOLLOWING TWELVE (12) COURSES:
NORTH 89045'00" WEST, A DISTANCE OF 917.66 FEET TO A POINT; THENCE
NORTH 47006'42"' WEST, A DISTANCE OF 69.27 FEET TO A POINT; THENCE
NORTH 57°51'42"' WEST, A DISTANCE OF 330.00 FEET TO A POINT; THENCE
NORTH 32008'18" EAST, A DISTANCE OF 122.35 FEET TO A POINT; THENCE
NORTH 57051'42" WEST, A DISTANCE OF 556.50 FEET TO A POINT; THENCE
SOUTH 87°08'18"' WEST, A DISTANCE OF 550.00 FEET TO A POINT; THENCE
NORTH 00014'29" EAST, A DISTANCE OF 143.38 FEET TO A POINT; THENCE
NORTH 89°45'31" WEST, A DISTANCE OF 770.02 FEET TO A POINT; THENCE
SOUTH 00014'29" WEST, A DISTANCE OF 230.00 FEET TO A POINT; THENCE
NORTH 89°45'31" WEST, A DISTANCE OF 250.00 FEET TO A POINT; THENCE
NORTH 44°45'31" WEST, A DISTANCE OF 3 5.3 6 FEET TO A POINT; THENCE
NORTH 00014'29" EAST, A DISTANCE OF 424.77 FEET TO THE POINT OF BEGINNING.
CONTAINING 40.25 ACRES
is changed from PDTND, Planned Development Traditional Neighborhood Design District to
RM -8, Multiple -Family Residential District (up to 8 units per acre).
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.
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ORDINANCE NO. 2021- 009
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 20" day of April, 2021.
This ordinance was advertised in the Press -Journal on the 4th day of April 2021, for a
public hearing to be held on the 20th day of April, 2021 at which time it was moved for adoption
by Commissioner Peter D. 0' Bryan , seconded by Joseph Earman , and adopted
by the following vote:
Joseph E. Flescher, , Chairman
AYE
Peter D. O'Bryan, Vice Chairman
AYE
Susan Adams, Commissioner
AYE
Joseph Earman, Commissioner
AYE
Laura Moss, Commissioner
AYE
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
51
Fy �UUtdTY, ��e°' '•
ATTEST BY:RdA ,
Jeffrey Smith, Clerk Of Circuit Court and Comptroller
This ordinance was filed with the Department of State on the following
date: CAiu� Aa,,Ao62I
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
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ORDINANCE NO. 2021- pog
William. DeBraal, Deputy County Attorney
APPROVED AS TO PLANNING MATTERS
Phillip J. Matson, AICP; Community Development Director
FACommunity Development\Rezonings\Sunnyside Up I, LLC - 2008050077-88741\BCC\Clean Ordinance for Execution.doc
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