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HomeMy WebLinkAbout2004-010ORIGINAL ORDINANCE NO. 2004- 010 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 8.02 ACRES LOCATED AT THE SOUTHEAST CORNER OF 66TH AVENUE AND 26TH STREET, FROM A -I, AGRICULTURAL DISTRICT (UP TO 1 UNIT/5ACRES) TO RM -8, MULTI- FAMILY RESIDENTIAL DISTRICT (UP TO 8 UNITS/ACRE); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has 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 has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has 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 property situated in Indian River County, Florida, to -wit: BEGINNING 30.00 FEET SOUTH AND 50.00 FEET EAST OF THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING ON THE SOUTH RIGHT-OF-WAY LINE OF SUB LATERAL A-3 CANAL, 30 FEET WIDE RIGHT-OF-WAY, INDIAN RIVER FARMS WATER CONTROL DISTRICT; RUN SOUTH 89°53'00" EAST ALONG SAID SOUTH RIGHT -OF WAY LINE A DISTANCE OF 615.22 FEET TO THE NORTHWEST CORNER OF THE NORTH ENTRANCE OF THE "INDIAN RIVER MALL -THE MALL SUBDIVISION" AS RECORDED IN PLAT BOOK t4; PAGE 59-59A OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 00°07'32" WEST ALONG THE WESTERLY BOUNDARY LINE OF LOT 10 OF SAID "INDIAN RIVER MALL -THE MALL SUBDIVISION" A DISTANCE OF 424.76 FEET; THENCE RUN SOUTH 45°07'32" WEST A DISTANCE OF 35.36 FEET; THENCE RUN Page 1 of 3 ORDINANCE NO. 2004- 010 NORTH 89°52'28" WEST A DISTANCE OF 145.85 FEET; THENCE RUN SOUTH 67°00'00" WEST A DISTANCE OF 123.49 FEET; THENCE RUN SOUTH 45°00'00" WEST A DISTANCE OF 466.31 FEET TO THE WEST LINE OF SAID LOT 10, AND EAST RIGHT-OF-WAY LINE OF "LATERAL `A' CANAL" INDIAN RIVER FARMS WATER CONTROL DISTRICT; THENCE RUN NORTH 00°00'06" EAST AND PARALLEL TO THE WEST LINE OF AFOREMENTIONED SECTION 5, A DISTANCE OF 828.62 FEET TO THE AFOREMENTIONED SOUTH RIGHT-OF-WAY LINE OF SUB LATERAL A-3 CANAL AND POINT OF BEGINNING. SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD. CONTAINING 8.02 ACRES, MORE OR LESS. is changed from A-1, Agricultural District (up to 1 unit/5 acres) to RM -8, Multi -Family Residential District (up to 8 units/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. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 6th day of April, 2004. • This ordinance was advertised in the Press -Journal on the 24th day of March, 2004, for a public hearing to be held on the 6th day of April, 2004, at which time it was moved for adoption by Commissioner Adams , seconded by Commissioner Neuberger , and adopted by the following vote: Chairman Caroline D. Ginn Vice -Chairman Arthur R. Neuberger Commissioner Kenneth R. Macht Commissioner Thomas S. Lowther Commissioner Fran B. Adams Page 2 of 3 Aye Aye Ay Aye Aye ORDINANCE NO. 2004- 010 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Caroline 11 Jinn, Chairman • ATTESI"BY: Azdi Jeffrey,k2 Bart This ordinance was filed with the Department of State on the fdllowing date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY G SeZ/zodp William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP; Community Develo�g>(vrient Director F:\Community Development\Users\LONG RANGE\Rzon\Shiva Holding LLC\Ordinance Shiva.doc Page 3 of 3