HomeMy WebLinkAbout2023-010ORDINANCE NO. 2023- 010
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY
±10.37 ACRES LOCATED SOUTH OF AND ADJACENT TO 71' STREET, NORTH OF
AND ADJACENT TO 69TH STREET, EAST OF AND ADJACENT TO OLD DIXIE
HIGHWAY, AND WEST OF AND ADJACENT TO U.S. HIGHWAY 1, FROM CL,
LIMITED COMMERCIAL DISTRICT, TO CG, GENERAL 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:
PARCEL 1
THE NORTH 10 ACRES OF THE SE 1/4 OF THE SW 1/4, EAST OF STATE ROAD 4
AND WEST OF NEW U.S. HIGHWAY NO. 1, SECTION 3, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA.
PARCEL 2
THAT PORTION OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SE 1/4 OF THE
SW 1/4 LYING EAST OF THE F.E.C. RAILROAD, LESS PORTION LYING EAST OF
NEW U.S. HIGHWAY NO. 1, AS IN OFFICIAL RECORDS BOOK 102, PAGE 341,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 3,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA.
PARCEL 3
ORDINANCE NO. 2023-010
THE NORTH 450 FEET OF THE EAST 1/2 OF THE SOUTH 1/2 OF THE SE 1/4 OF
THE SW 1/4, EAST OF THE RAILROAD RIGHT OF WAY AND WEST OF THE
WEST RIGHT.OF WAY LINE FOR NEW U.S. HIGHWAY NO. 1, SECTION 3,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, SAID LAND LYING AND BEING IN INDIAN
RIVER COUNTY, FLORIDA.
TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY:
ALL THAT PART OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN
RIVER COUNTY, FLORIDA, LYING WEST OF THE U.S. HIGHWAY NO. 1/STATE
ROAD NO. 5 RIGHT OF WAY (120 FEET), LYING EAST OF THE OLD DIXIE
HIGHWAY RIGHT OF WAY (66 FEET), SOUTH OF THE NORTH 10 ACRES OF THE
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 AND NORTH OF THE SOUTH 1/2 OF
THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID
SECTION 3, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN
RIVER COUNTY, FLORIDA, RUN SOUTH 00018'48" WEST ALONG THE EAST LINE
OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3 A DISTANCE
OF 330.35 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF THE NORTH
10 ACRES OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION
3; THENCE RUN NORTH 89030'44" WEST, ALONG SAID SOUTH LINE A DISTANCE
OF 336.95 FEET TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE
OF U.S. HIGHWAY NO. 1 (120 FOOT RIGHT OF WAY) ALSO BEING THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; FROM THE POINT
OF BEGINNING RUN SOUTH 16049'33" EAST ALONG SAID WESTERLY RIGHT OF
WAY LINE A DISTANCE OF 2.14 FEET TO THE INTERSECTION WITH THE NORTH
LINE OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 3; THENCE RUN NORTH 89028'54" WEST
ALONG SAID NORTH LINE A DISTANCE OF 415.65 FEET TO THE INTERSECTION
WITH THE EASTERLY- RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY (66 FOOT
RIGHT OF WAY); THENCE RUN NORTH 15°22'46" WEST ALONG SAID EASTERLY
RIGHT OF WAY LINE A DISTANCE OF 1.90 FEET TO THE INTERSECTION WITH
THE AFOREMENTIONED SOUTH LINE OF THE NORTH 10 ACRES OF THE
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3; THENCE RUN SOUTH
89°30'44" EAST ALONG SAID SOUTH LINE A DISTANCE OF 415.53 FEET TO THE
POINT OF BEGINNING.
is changed from CL, Limited Commercial 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.
ORDINANCE NO. 2023-010
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 20th day of June, 2023.
This ordinance was advertised in the Press -Journal on the 4th day of June 2023, for a
public hearing to be held on the 20th day of June, 2023 at which time it was moved for adoption
by Commissioner F 1 e s the r , seconded by Loa r , and adopted
by the following vote:
Joseph H. Earman, Chairman AYE
Susan Adams, Vice Chairman AYE
Joseph E. Flescher, Commissioner AYE
Deryl Loar, Commissioner AYE
Laura Moss, Commissioner AYE
BOARD OF COUNTY COMMISSIONIV
OF INDIAN RIVER COUNTY
BY:
Joseph H. Ear anChairman
. Riy�R COUN�:�
ATTEST BY:
Je frey Smith, Clerk Of Circuit Court and Comptroller
This ordinance was filed with the Department of State on the following
date: Z0.23
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William K. likeBraal,16eputy Count Attorney
APPROVED AS TO PLANNING MATTERS
Andrew Sobczak; Interim Community Development Director