HomeMy WebLinkAbout2015-012ORDINANCE NO.2015- n19
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND
ZONING MAP FOR APPROXIMATELY ±41.95 ACRES, LOCATED EAST OF U.S. #1 AND NORTH OF 82nd
STREET, FROM CG, GENERAL COMMERCIAL DISTRICT; 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 its Notice of Intent to rezone the hereinafter described property; and
WHEREAS, the Board of County Commissioners determined that this rezoning is in
conformance with the Comprehensive Plan of Indian River County; 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;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian
River County, Florida, that:
The zoning of the following described properties situated in Indian River County, Florida, to wit:
LEGAL DESCRIPTION PARCELS 1 A AND 1 B
(PORTIONS OF OFFICAL RECORDS BOOK 2350, PAGE 1570)
PARCEL "I A":
A PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA, BEING THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, LESS THE SOUTH 35.00
FEET THEREOF FOR ROAD RIGHT OF WAY; AND ALSO LESS THE SOUTH 208.71
FEET OF THE EAST 208.71 FEET.
IT"Tw _
ALL THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
LYING EAST OF THE NEW FOUR LANE U.S. HIGHWAY NO.1, INCLUDING THAT
PORTION OF LOT 2, BLOCK 3, OF REPLAT OF WABASSO MANOR ADDITION, AS
RECORDED IN PLAT BOOK 6, PAGE 15, INDIAN RIVER COUNTY, FLORIDA PUBLIC
RECORDS, LYING EAST OF SAID U.S. HIGHWAY NO. 1.
ORDINANCE NO, 2015- 072_
LEGAL DESCRIPTION PARCEL 2
ALL THAT CERTAIN, PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING
A PORTION OF SECTION 33, TOWNSHIP 31 SOUTH, RANGE 39 EAST OF THE
TALLAHASSEE BASE MERIDIAN, INDIAN RIVER COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT;
COMMENCING FOR REFERENCE AT NORTHWEST CORNER OF THE NORTHEAST 1/4 OF
THE NORTHEAST 1/4 OF SAID SECTION; THENCE, BEARING SOUTH 00°07'24" EAST,
ALONG THE EAST RIGHT OF WAY LINE OF 46TH AVENUE, A DISTANCE OF 30793
FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL;
THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89°52'29" EAST, A DISTANCE OF
464.82 FEET TO A POINT;
THENCE, BEARING SOUTH 00°07'24" EAST, A DISTANCE OF 174.62 FEET TO A POINT;
SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE
EASTERLY, HAVING A RADIUS OF 29.33 FEET, A CENTRAL ANGLE OF 32°15'17", A
CHORD LENGTH OF 16.29 FEET BEARING SOUTH 16°07'38" EAST;
THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 16.51 FEET
TO A POINT;
THENCE, BEARING SOUTH 32°15'17" EAST, A DISTANCE OF 107.80 FEET TO A POINT;
SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE NORTHERLY, HAVING A
RADIUS OF 55.00 FEET, A CENTRAL ANGLE OF 90°00'00", A CHORD LENGTH OF 77.78
FEET BEARING SOUTH 77'15'17" EAST;
THENCE, EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 86.39 FEET TO
A POINT;
THENCE, BEARING NORTH 57°44'43" EAST, A DISTANCE OF 372.68 FEET TO A POINT;
SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE SOUTHERLY, HAVING A
RADIUS OF 60.67 FEET, A CENTRAL ANGLE OF 90°00'00", A CHORD LENGTH OF 85.80
FEET BEARING SOUTH 77°15'17" EAST;
THENCE, EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 95.30 FEET TO
A POINT;
THENCE, BEARING SOUTH 32-15'17" EAST, A DISTANCE OF 221.92 FEET TO A POINT;
SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A
RADIUS OF 50.67 FEET, A CENTRAL ANGLE OF 46°45'42", A CHORD LENGTH OF 40.22
FEET BEARING SOUTH 08°52'26" EAST;
THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 41.35 FEET
TO A POINT;
SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY,
HAVING A RADIUS OF 94.33 FEET, A CENTRAL ANGLE OF 46°45'42", A CHORD
LENGTH OF 74.87 FEET BEARING SOUTH 08°52'26" EAST;
THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 76.99 FEET
TO A POINT;
THENCE, BEARING SOUTH 32°15'17" EAST, A DISTANCE OF 229.75 FEET TO A POINT;
SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A
RADIUS OF 235.67 FEET, A CENTRAL ANGLE OF 25°13'49", A CHORD LENGTH OF
102.94 FEET BEARING SOUTH 19038'23" EAST;
ORDINANCE NO. 2015- o 12
THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 103.78 FEET
TO A POINT;
THENCE, BEARING SOUTH 07°01'28" EAST, A DISTANCE OF 50.02 FEET TO A POINT;
SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A
RADIUS OF 194.33 FEET, A CENTRAL ANGLE OF 25°13'50", A CHORD LENGTH OF
84.88 FEET BEARING SOUTH 19038'23" EAST;
THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 85.57 FEET
TO A POINT;
THENCE, BEARING SOUTH 32015'18" EAST, A DISTANCE OF 179.82 FEET TO A POINT;
SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A
RADIUS OF 235.67 FEET, A CENTRAL ANGLE OF 28°21'28", A CHORD LENGTH OF
115.46 FEET BEARING SOUTH 18004'34" EAST;
THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 116.64 FEET
TO A POINT;
THENCE, BEARING SOUTH 0305349" EAST, A DISTANCE OF 70.31 FEET TO A POINT;
SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A
RADIUS OF 194.33 FEET, A CENTRAL ANGLE OF 28021'40", A CHORD LENGTH OF
95.21 FEET BEARING SOUTH 18004'39" EAST;
THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 96.19 FEET
TO A POINT;
THENCE, BEARING SOUTH 32015'30" EAST, A DISTANCE OF 130.73 FEET TO A POINT;
SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A
RADIUS OF 60.67 FEET, A CENTRAL ANGLE OF 90000'13", A CHORD LENGTH OF 85.80
FEET BEARING SOUTH 12°44'37" WEST;
THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 95.30 FEET
TO A POINT;
THENCE, BEARING SOUTH 57°44'43" WEST, A DISTANCE OF 195.76 FEET TO A POINT;
THENCE, BEARING SOUTH 00°38'04" EAST, A DISTANCE OF 110.96 FEET TO A POINT;
THENCE, BEARING SOUTH 89°21'56" WEST, A DISTANCE OF 31.58 FEET TO A POINT;
THENCE, BEARING NORTH 00008'27" EAST, A DISTANCE OF 15.00 FEET TO A POINT;
THENCE, BEARING NORTH 89°39'50" WEST, A DISTANCE OF 208.71 FEET TO A POINT;
THENCE, BEARING NORTH 00°08'27" EAST, A DISTANCE OF 208.71 FEET TO A POINT;
THENCE, BEARING SOUTH 89039'50" EAST, A DISTANCE OF 208.71 FEET TO A POINT ON
THE EAST LINE OF SAID SECTION 33;
THENCE, BEARING NORTH 00°08'27" EAST, ALONG SAID EAST LINE, A DISTANCE OF
423.94 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST '/4 OF THE
NORTHEAST'/40F SAID SECTION 33;
THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89050'04" WEST, ALONG SAID
SOUTH LINE, A DISTANCE OF 1,199.39 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY LINE OF U.S. HIGHWAY I;
SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 17,268.75 FEET, A CENTRAL ANGLE OF
00°14'25", A CHORD LENGTH OF 72.41 FEET BEARING NORTH 32008'05" WEST;
THENCE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID EASTERLY
LINE, A DISTANCE OF 72.41 FEET TO A POINT;
THENCE, LEAVING SAID EASTERLY LINE, BEARING NORTH 32°14'29" WEST, ALONG
SAID EASTERLY LINE, A DISTANCE OF 404.90 FEET TO A POINT;
ORDINANCE NO. 2015- ni 9
THENCE, BEARING SOUTH 89°52'50" EAST, A DISTANCE OF 84.80 FEET TO A POINT;
THENCE, BEARING NORTH 00°07'24" WEST, A DISTANCE OF 150.29 FEET TO A POINT;
THENCE, BEARING SOUTH 89°52'50" EAST, A DISTANCE OF 17.43 FEET TO A POINT ON
THE AFOREMENTIONED EAST RIGHT OF WAY LINE OF 46TH AVENUE;
THENCE, BEARING NORTH 00°07'24" WEST, A DISTANCE OF 467.11 FEET TO THE POINT
OF BEGINNING.
THE ABOVE DESCRIBED PREMISES CONTAIN 41.95 ACRES, MORE OR LESS. SUBJECT
TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN
THE CHAIN OF TITLE.
Is changed from CG, General Commercial District, to OCR, Office, Commercial, Residential District.
All with the meaning and intent as set forth and described in said Land Development Regulations.
Effective Date: This ordinance shall become effective upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 7th day of September, 2015, for a
public hearing to be held on the 22nd day of September, 2015, at which time it was moved for
adoption by Commissioner n 1 R,rvan , seconded by Commissioner zorc ,
and adopted by the following vote:
Wesley S. Davis, Chairman AVE
Bob Solari, Vice Chairman AVE
Timothy Zorc, Commissioner AYE
Peter O'Bryan, Commissioner AYE
Joseph E. Flescher, Commissioner AYE
BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY
Acknowledgment by the Department of State received on this s� day of. Jc ,
2015, at A.M./P.M. and filed in the office of the Clerk of the Board of the County
Commissioners of Indian River County, Florida.
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Wesley . Davis, hairman
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ATTEST BY:
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Je frey Smith, Clerk Of Circuit Court and r
Acknowledgment by the Department of State received on this s� day of. Jc ,
2015, at A.M./P.M. and filed in the office of the Clerk of the Board of the County
Commissioners of Indian River County, Florida.
ORDINANCE NO. 2015- 012
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William K. DeBraal, Deputy County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AI
Community Development Director
FACommunity Development\Rezonings\Orchid Quay Rezoning 2015\Ordinance\Rezoning Ordinance orchid quay September 22, 2015.doc