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HomeMy WebLinkAbout2005-005ORDINANCE NO. 2005- 005 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR +/- 18.54 ACRES LOCATED AT THE NORTHEAST CORNER OF 8TH STREET AND 58TH AVENUE FROM A- 1, AGRICULTURAL DISTRICT (UP TO 1 UNIT/5ACRES), TO RS -3, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 3 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: "THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 9, TOWNSHIP 33 SOUTH, RANGE 39 EAST, THE SAID SW 1/4 OF THE SW 1/4 BEING ALSO KNOWN AS TRACT 13, SECTION 9, 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, AT PAGE 25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS THE WEST 80 FEET OF THE SAID SW 1/4 OF THE SW 1/4 OF SAID SECTION 9, CONVEYED TO THE INDIAN RIVER FARMS DRAINAGE DISTRICT FOR R/W FOR LATERAL B. CANAL AND ROAD BY QUITCLAIM DEED DATED 10/24/21 AND RECORDED IN 2/18/22 IN DEED BOOK 48, PAGE 23; AND LESS THE SOUTH Page 1 of 3 ORDINANCE NO. 2005- 005 40 FEET CONVEYED TO THE STATE OF FLORIDA FOR RIGHT OF WAY OF GLENDALE ROAD. SUBJECT ALSO TO AN EASEMENT TO THE CITY OF VERO BEACH DATED 6/22/40, RECORDED 5/6/41 IN DEED BOOK 32, PAGE 273, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA FOR AN ELECTRIC TRANSMISSION LINE ALONG THE WEST PART OF SAID PROPERTY AND LOCATED IMMEDIATELY EAST OF THE WEST 80 FEET OF SAID QUARTER SECTION HERETOFORE CONVEYED AS THE RIGHT OF WAY FOR LATERAL.B CANAL AND KING'S HIGHWAY. AND ALSO THE WEST 48 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 9, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA: LESS AND EXCEPT ALL RIGHT OF WAYS OF RECORD. (THE ABOVE PARCEL IS SITUATED IN TRACT 13, SECTION 9, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION FILED IN PLAT BOOK 2, PAGE 25, ST. LUCIE COUNTY, PUBLIC RECORDS.)" (OFFICIAL RECORD BOOK 0725, PAGE 0162, INDIAN RIVER COUNTY, FLORIDA). SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD. SAID PARCEL CONTAINING 18.54 ACRES MORE OR LESS is changed from. A-1, Agricultural -1 District (up to 1 unit/5 acres), to RS -3, Single Family Residential District (up to 3 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 15th day of February, 2005. This ordinance was advertised in the Press -Journal on the day of January, 2005, for a public hearing to be held on the 15th day of February, 2005, at which time it was moved for adoption by Commissioner Davi s , seconded by Commissioner Nei hergPr , and adopted by the following vote: Thomas S. Lowther, Chairman Arthur R. Neuberger, Vice Chairman Wesley S. Davis, Commissioner Gary C. Wheeler, Commissioner Sandra L Bowden, Commissioner Page 2 of 3 Ay Ay P Ay Nay Absent ORDINANCE NO. 2005- 005 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Thomas S. Lowther; Chairman ATTEST BY: Jeffrey KC Bartonct1erk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS nil A Robert M. eating, AICP; Co munity Deve lopment Director F:\Community Development\Users\LONG RANGE\Rzon\Maverick Group LLC\Ordinance maverick.doc Page 3 of 3 FEB 2 1 2005