HomeMy WebLinkAbout2005-019ORDINANCE NO. 2005- 019
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 2.61
ACRES LOCATED EAST OF INDIAN RIVER DRIVE AND APPROXIMATELY 650 FEET
NORTH OF THE INTERSECTION OF US HIGHWAY # 1 AND INDIAN RIVER DRIVE FROM
CG, GENERAL COMMERCIAL, DISTRICT TO CON -1, CONSERVATION -1 DISTRICT (0
DENSITY)• AND AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING
ZONING MAP FOR APPROXIMATELY 6.69 ACRES ADJACENT TO THE OSLO
RIVERFRONT CONSERVATION AREA AND THE SOUTH OSLO CONSERVATION AREA,
LOCATED SOUTH OF OSLO ROAD AND APPROXIMATELY 600 FEET EAST OF U.S.
HIGHWAY #1, FROM RM -6, MULTIPLE FAMILY RESIDENTIAL DISTRICT (UP TO 6
UNITS/ACRE), AND RS -6, SINGLE FAMILY RESIDENTIAL DISTRICT (UP TO 6
UNITS/ACRE), TO CON -1, CONSERVATION (0 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 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:
r.
LOT 1 OF THE KROEGEL HOMESTEAD, IN SECTION 08, TOWNSHIP 31: -SOUTH, RANGE
39 EAST, AS RECORDED IN PLAT BOOK 8, PAGE 83 OF THE PUBLIC -RECORDS. QF-:...zs
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ORDINANCE NO. 2005- 019
INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT ALL RIGHT-OF-WAY AND
EASEMENTS
CONTAINING 2.61 ACRES, MORE OR LESS.
SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA
is changed from CG, General Commercial, to CON -1, Conservation District (0 units/acre).
AND
A PARCEL OF LAND IN INDIAN RIVER COUNTY MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT A POINT WHICH IS 335.765 FEET SOUTH OF THE NORTHEAST CORNER
OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 33 SOUTH, RANGE 40
EAST; FROM THENCE RUN SOUTH 335.765 FEET; THENCE RUN WEST 1791.5 FEET TO A
POINT ON THE EAST LINE OF THE RIGHT-OF-WAY OF THE FLORIDA EAST COAST
RAILWAY; FROM THENCE RUN NORTHERLY 350.5 FEET ALONG THE EAST LINE OF
THE SAID RAILWAY RIGHT -OF -W A Y TO THE SOUTH LINE OF THE SAID G.W.M.
HACKNEY; THENCE RUN EAST WITH THE SAID G.W.M. HACKNEY LINE 1881 FEET TO
THE POINT OF BEGINNING, A PLANTED STONE BETWEEN SAID G. W.M. HACKNEY
AND S.H. WRIGHT, THE FOREGOING LAND BEING PARTLY IN THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 30 AND PARTLY IN THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 30, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN RIVER
COUNTY, FLORIDA.
LESS AND EXCEPTING THEREFROM, HOWEVER, THE RIGHT-OF-WAY CONVEYED TO
STATE ROAD DEPARTMENT OF FLORIDA, A BODY CORPORATE, BY DEED DATED
SEPTEMBER 29, 1926 AND RECORDED IN DEED BOOK 13, PAGE 232, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND BY DEED RECORDED IN DEED
BOOK 84, PAGE 247, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
ALSO, LESS AND EXCEPTING, THE WESTERLY 600 FEET OF THE FOREGOING PARCEL
LYING EASTERLY OF U.S. HIGHWAY NO. 1, CONVEYED IN OFFICIAL RECORDS BOOK
737, PAGE 1665 AND IN OFFICIAL RECORDS BOOK 850, PAGE 1312, ALL OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
TOGETHER WITH A 10 FOOT EASEMENT OVER THE SOUTH 10 FEET OF THE
WESTERLY 600 FEET, AS RESERVED BY INSTRUMENT RECORDED IN OFFICIAL
RECORDS BOOK 737, PAGE 1665, OF THE AFORESAID PUBLIC RECORDS
ALSO, LESS AND EXCEPT ALL PROPERTY LYING WESTERLY OF US HWY I
PREVIOUSLY CONVEYED TO ELMER'S TRADING POST, INC BY DEED RECORDED IN
OR BOOK 734, PAGE 2487, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
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ORDINANCE NO. 2005- 019
SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF
RECORD.
SAID PARCEL CONTAINI\G 5.57 ACRES MORE OR LESS
is changed from R-6, Single Family Residential District (up to 6 units/ acre), to CON -1,
Conservation District (0 units/acre).
AND
COMMENCING AT A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 30, TOWNSHIP 33 SOUTH, RANGE 40 EAST, WHERE SAID NORTH LINE IS
INTERSECTED BY THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1, ALSO
KNOWN AS FLORIDA STATE ROAD NO.5, AS THE SAME EXISTED ON JANUARY 25,1961
AND FROM SAID POINT RUN EAST ON SAID NORTH SECTION LINE, A DISTANCE OF
842.3 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH ON A LINE PARALLEL
TO THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 335.76 FEET;
THENCE RUN EAST ON A LINE PARALLEL TO THE NORTH LINE OF SAID NORTHWEST
QUARTER, A DISTANCE OF 171.2 FEET; THENCE RUN NORTH ON A LINE PARALLEL TO
THE EAST LINE OF SAID NORTHWEST QUARTER TO THE NORTH LINE OF SAID
NORTHWEST QUARTER; THENCE RUN WEST ON THE NORTH LINE OF SAID
NORTHWEST QUARTER TO THE POINT OF BEGINNING; SAID LAND LYING AND BEING
IN INDIAN RIVER COUNTY, FLORIDA. (AS CONVEYED TO GRANTORS BY MARGARET
LOUISE LUM BY DEED RECORDED IN OFFICIAL RECORDS BOOK 568, PAGE 517).
SUBJECT TO RIGHT-OF-WAY FOR OSLO ROAD (A/K/A 9TH STREET S.W.), AS
RECORDED BY DEED TO THE COUNTY IN THE OFFICIAL RECORDS
SAID PARCEL CONTAINING 1.12 ACRES MORE OR LESS.
is changed from RM -6, Multiple Family Residential District (up to 6 units/acre), to CON -1,
Conservation District (0 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 24`x' day of May, 2005.
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ORDINANCE NO. 2005- 019
This ordinance was advertised in the Press -Journal on the 9th day of May, 2005, for a
public hearing to be held on the 24th day of May, 2005, at which time it was moved for adoption by
Commissioner Davis , seconded by Commissioner Neuberger , and adopted
by the following vote:
Thomas S Lowther, Chairman Aye
Arthur R. Neuberger, Vice Chairman Aye
Wesley S. Davis, Commissioner Aye
Gary C. Wheeler, Commissioner Aye
Sandra L. Bowden, Commissioner Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
4110M -
ATTEST BY: Q.
Jeffrey K. Barton, Clerk -
This ordinance was filed with the Department of State on the following date: JUN 0 3 2005
APPROVE]) AS TO FORM A► LEGAL SUFFICIENCY
illiam G. Collins ' iunty Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, "AICP; Com nity Develo ent Director
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