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Home My WebLink About2005-009ORDINANCE NO. 2005- 009 AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM PD, RECREATIONAL/COMMERCIAL, TO PD, RESIDENTIAL, AND APPROVING THE CONCEPTUAL PLAN FOR APPROXIMATELY 160.90 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE 65TH STREET, JUST WEST OF THE FEC RAILROAD AT 3745 65TH STREET AND DESCRIBED HEREIN, AND PROVIDING FOR AN 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: PARCEL 1: TRACT 1, IN THE SOUTH th OF SECTION 9, TOWNSHIP 32 SOUTH, RANGE 39 EAST LESS PARCELS AS DESCRIBED IN OFFICIAL RECORD BOOK 152, PAGE 559, OFFICIAL RECORD BOOK 189, PAGE 419 AND OFFICIAL RECORD BOOK 540, PAGE 691 (RE-RECORDED IN OFFICIAL RECORD BOOK 541, PAGE 28) OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. PARCEL 2: THE WEST V2 OF THE NORTHWEST to OF THE SOUTHWEST 14 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LESS PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 143, PAGE 296 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. F:\Community Development\Users\CurDev\ORDINANCE\2005\high pointe Ordinanace.doc ORDINANCE NO. 2005-009 PARCEL 3: THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY. PARCEL 4: THE SOUTHWEST 1%a OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING EAST OF LATERAL "G" CANAL. PARCEL 5: THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/a OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST. PARCEL 6: BEGIN AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND RUN EAST 469.00 FEET TO THE WEST RIGHT-OF-WAY OF FLORIDA EAST COAST RAILROAD; THENCE RUN NORTHERLY ALONG SAID RIGHT-OF-WAY 862 00 FEET; THENCE RUN WEST 248.00 I±ET; THENCE RUN SOUTH 825.00 FEET TO THE POINT OF BEGINNING. ALL IN SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST. PARCEL 7: THAT PART LYING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT- OF-WAY OF THE NORTH 5 ACRES OF THE SOUTH 30 ACRES OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/a OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST. PARCEL 8: THAT PART OF TRACT 32 IN THE SOUTH 1/ OF SECTION 9, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING EAST OF THE LATERAL "G" CANAL. PARCEL 9: ALL THAT PART OF THE NORTHEAST 1/a OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LESS AND EXCEPTING THE NORTH 640 FEET OF THE WEST 390 FEET THEREOF; AND LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL: FROM THE CENTER OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN SOUTH ALONG THE CENTERLINE OF SAID SECTION 10, A DISTANCE OF 40 FEET TO THE SOUTH RIGHT-OF-WAY OF SOUTH WINTER BEACH ROAD (STATE ROAD S-632) AND POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING RUN WEST ON SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 740.4 FEET; FACommunity Development\Users\CurDev\ORDINANCE\2005\high pointe Ordinanace.doc 2 ORDINANCE NO. 2005- 009 THENCE RUN SOUTH AND PARALLEL WITH THE CENTER LINE OF SAID SECTION 10, A DISTANCE OF 300 FEET TO THE NORTH RIGHT-OF-WAY OF A RAILROAD SIDE TRACK EASEMENT; THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY OF THE RAILROAD SIDE TRACK EASEMENT 740.4 FEET, MORE OR LESS, TO A POINT OF INTERSECTION WITH SAID NORTH -SOUTH CENTER LINE OF SECTION 10; THENCE, RUN NORTH ALONG THE CENTER LINE OF SAID SECTION 10, A DISTANCE OF 306.61 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. (LESS AND EXCEPTED PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 397, PAGE 930, OFFICIAL RECORD BOOK 408, PAGE 186, OFFICIAL RECORD BOOK 408, PAGE 189, OFFICIAL RECORD BOOK 542, PAGE 554 AND OFFICIAL RECORD BOOK 1213, PAGE 2132, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA). • SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS, ABANDONMENT'S, RESERVATIONS AND RESTRICTIONS OF RECORD. ALL PARCELS LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, CONTAINING 160.97 ACRES, MORE OR LESS. is changed from PD, Recreational/Commercial, to PD, Planned Development Residential, with the layout as depicted in the attached conceptual PD plan ( exhibit A). 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 29th day of March, 2005. This ordinance was advertised in the Press -Journal on the 1 1 t day of March, 2005, for a public hearing to be held on the 29th day of March, 2005, at which time it was moved for adoption by Commissioner Wheel er , seconded by Commissioner Neuberger , and adopted by the following vote: • Chairman Thomas S. Lowther Vice -Chairman Arthur R. Neuberger Commissioner Sandra L. Bowden Commissioner Wesley S. Davis Commissioner Gary C. Wheeler Aye Aye Aye Aye Aye F:\Community Development \Users\CurDev\ORDINANCE\2005Thigh pointe Ordinanace.doc 3 ORDINANCE NO. 2005- 009 • BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Arthur R. Neuberger Vice Chairman ATTEST BY: fiOR: Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: d APR 0 6 2005 APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Robert M. 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