HomeMy WebLinkAbout2006-028ORDINANCE NO. 2006- 028
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 19.48 ACRES
LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF 16TH STREET AND
74TH AVENUE FROM RS -6, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE),
TO RM -8, MULTIPLE -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, 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 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:
PARCEL 1: THE WEST 10 ACRES OF TRACT 13, SECTION 6, TOWNSHIP 33 SOUTH,
RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN
RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND NOW
LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
PARCEL 2: THE EAST 9.14 ACRES OF THE WEST 19.14 ACRES OF TRACT 13, SECTION 6,
TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO T14E LAST GENERAL PLAT OF
LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25;
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ORDINANCE NO. 2006- 028
SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
PARCEL 3: FROM THE POINT OF BEGINNING AT THE NORTHEAST CORNER OF THE
EAST 9.14 ACRES OF THE WEST 19.14 ACRES OF TRACT 13, SECTION 6, TOWNSHIP 33
SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF INDIAN RIVER
FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF
ST. LUCIE COUNTY, FLORIDA, RUN EAST ON THE NORTH BOUNDARY LINE OF SAID
TRACT, 13, A DISTANCE OF 9 FEET; THENCE RUN SOUTHERLY PARALLEL TO THE
WEST BOUNDARY LINE OF TRACT 13, A DISTANCE OF 1320 FEET MORE OR LESS TO A
POINT ON THE SOUTH BOUNDARY LINE OF SAID TRACT 13; THENCE RUN WEST
ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT 13, A DISTANCE OF 9 FEET; AND
THENCE RUN NORTHERLY PARALLEL TO THE WEST BOUNDARY LINE OF SAID
TRACT 13, A DISTANCE OF 1320 FEET MORE OR LESS TO THE POINT OF BEGINNING,
LESS CANAL AND OTHER RIGHTS OF WAY SHOWN ON SAID PLAT.
PARCEL 4: THAT PORTION OF LAND IN TRACT 13, SECTION 6, TOWNSHIP 33 SOUTH,
RANGE 39 EAST OF THE INDIAN RIVER FARMS COMPANY ACCORDING TO THE LAST
GENERAL PLAT THEREOF FILED IN PLAT BOOK 2, PAGE 25 IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW
LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 6, TOWNSHIP 33 SOUTH,
RANGE 39 EAST SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAID
TRACT 13, RUN EASTERLY 635.70 FEET ON THE SOUTH LINE OF SECTION 6 TO A
POINT, (SAID SOUTH LINE BEING THE SOUTH LINE OF TRACT 13, AND ALSO BEING
THE CENTER LINE OF A 60 FOOT RIGHT-OF-WAY NOW KNOWN AS ROSEWOOD
ROAD), SAID POINT BEING THE SOUTHEAST CORNER OF THE LAND DEEDED TO CATO
BY QUIT -CLAIM DEED FILED IN OFFICIAL RECORD BOOK 164, PAGE 200, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE ON A DEFLECTION ANGLE
OF 89 DEGREES 37 MINUTES 20 SECONDS TO THE LEFT, RUN NORTHERLY 30 FEET ON
THE EAST BOUNDARY OF THAT SAID LAND DEEDED TO CATO (SAID EAST
BOUNDARY BEING PARALLEL TO THE WEST BOUNDARY OF SECTION 6) TO AN
INTERSECTION WITH THE NORTH RIGHT-OF-WAY OF SAID ROSEWOOD ROAD, AND
THE TRUE POINT OF BEGINNING; THENCE, CONTINUE ON SAID LINE PARALLEL TO
THE WEST BOUNDARY OF SECTION 6, A DISTANCE OF 1300.10 FEET TO AN
INTERSECTION WITH THE NORTH LINE OF TRACT 13, SAID INTERSECTION BEING THE
NORTHEAST CORNER OF THAT LAND DEEDED TO CATO; THENCE, ON A DEFLECTION
ANGLE OF 89 DEGREES 41 MINUTES 33 SECONDS TO THE RIGHT, RUN EASTERLY
116.27 FEET ON SAID NORTH LINE OF TRACT 13; THENCE ON A DEFLECTION ANGLE
OF 90 DEGREES 13 MINUTES 57 SECONDS TO THE RIGHT, RUN SOUTHERLY 1299.94
FEET TO THE NORTH RIGHT-OF-WAY LINE OF ROSEWOOD ROAD; THENCE ON A
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ORDINANCE NO. 2006- 028
DEFLECTION ANGLE OF 89 DEGREES 41 MINUTES 50 SECONDS TO THE RIGHT RUN
WESTERLY 118.02 FEET ON SAID NORTH RIGHT-OF-WAY OF ROSEWOOD ROAD TO
THE TRUE POINT OF BEGINNING.
ALL ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS
COMPANY RECORDED IN PLAT BOOK 2, PAGE 25 PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA
SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF
RECORD.
SAID PARCEL CONTAINING 19.48 ACRES MORE OR LESS
is changed from RS -6, Single Family Residential District (up to 6 units/acre), to RM -8, Multiple -
Family Residential District (up to 8 units/acre).
All with the meaning and intent 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 12th day of September, 2006.
This ordinance was advertised in the Press -Journal on the 12th day of August, 2006, for a
public hearing to be held on the 22nd day of August, 2006, at which time the public hearing was
opened and .continued until September 12, 2006, at 6:00 pm, at which time it was moved for
adoption by Commissioner Lowther , seconded by Commissioner_euherger ,
and adopted by the following vote:
Arthur R. Neuberger, Chairman
Aye
Gary C. Wheeler, Vice Chairman
Nay
Wesley S. Davis, Commissioner
Aye
Thomas S. Lowther, Commissioner
Aye
Sandra L. Bowden, Commissioner
Nay
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: _
Arthur R. Ne e er,-Chair a
Page 3;of:4'--
Y
ORDINANCE NO. 2006- 028
ATTEST BYrr• Q�—� 'A� `,-�, � •C-
I�:Jeffrey Z Barton,Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
&A J-
a--t�r—
William G. Collins 11, County Attorney
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APPROVED AS TO PLANNING MATTERS
t Director
FACommunity DevelopmenAUsersTONG RANGE\Rion\Treviso\Ordinance RM8.doc
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SEP 2 0 2006