HomeMy WebLinkAbout2005-043•
ORDINANCE NO. 2005- 043
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR +/- 32 54 ACRES
LOCATED WITHIN THE INDIAN RIVER TWIN ESTATES, MOBILE VILLA AND INDIAN
RIVER ACRES SUBDIVISIONS FROM RMH-8, RESIDENTIAL MOBILE HOME DISTRICT
(UP TO 8 UNITS/ACRE), TO ROSE -4, ROSELAND RESIDENTIAL DISTRICT (UP TO 4
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;
5
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:
THAT PART OF LOT 7 AND THE SOUTH 109.6 FEET (MEASURED DUE NORTH AND
SOUTH) OF LOT 8 OF J.A. HUDSON SUBDIVISION AS RECORDED IN DEED BOOK EE,
PAGE 600, OF BREVARD COUNTY PUBLIC RECORD, LYING EAST OF OLD DIXIE
HIGHWAY; EXCEPT HOWEVER, THAT PART OF LOT 7 DESCRIBED AS BEGINNING AT A
POINT OF INTERSECTION OF THE CENTERLINE OF OLD DIXIE HIGHWAY AND THE
SOUTH LINE OF SAID LOT '7; THENCE IN A NORTHEASTERLY DIRECTION TO A POINT
ON THE SHORE OF INDIAN RIVER WHICH POINT IS 24FT. DUE NORTH OF THE SOUTH
LINE OF SAID LOT 7, THENCE SOUTHEASTERLY ALONG THE SHORE OF THE INDIAN
RIVER TO THE SOUTH LINE OF SAID LOT 7, THENCE WEST ON SOUTH LINE OF LOT 7
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ORDINANCE NO. 2005- 043
TO THE POINT OF BEGINNING.
ALSO
FROM THE POINT OF BEGINNING WHERE THE SOUTH BOUNDARY LINE OF LOT 7 OF
SAID J.A. HUDSON SUBDIVISION INTERSECTS WITH THE NORTH EAST BOUNDARY
LINE OF THE FLEMING GRANT, RUN NORTHWESTERLY ALONG SAID NORTHEAST
BOUNDARY LINE A DISTANCE OF 938.4 FT. TO A POINT, THENCE RUN DUE EAST TO
THE WEST BOUNDARY OF OLD DIXIE HIGHWAY, THENCE RUN SOUTHEASTERLY
ALONG SAID WEST BOUNDARY OF OLD DIXIE HWY. TO THE SOUTH LINE OF SAID
LOT 7 OF JA HUDSON'S SUBDIVISION THENCE RUN WESTERLY ALONG SAID SOUTH
LINE OF LOT 7 TO THE POINT OF BEGINNING, AND ALSO LESS AND EXCEPTING RIGHT
OF WAYS AS SHOWN AND NOW LYING AND BEING IN INDIAN RIVER COUNTY
FLORIDA.
AND
THE NORTH 350 FEET OF THE SOUTH 512.8 FEET, MEASURED ON A NORTH AND
SOUTH LINE, LYING WEST OF THE OLD DIXIE HIGHWAY, OF LOT 5, J.A. HUDSON
SUBDIVISION, ACCORDING TO PLAT OF SURVEY NOW OF RECORD IN BREVARD
COUNTY, FLORIDA, IN DEED BOOK EE, PAGE 600; SAID LAND NOW LYING IN INDIAN
RIVER COUNTY, FLORIDA.
AND
BEGINNING AT THE NORTHEAST CORNER OF MOBILE VILLA ESTATES SUBDIVISION
AS RECORDED IN PLAT BOOK 8, PAGE 10, INDIAN RIVER COUNTY PUBLIC RECORDS,
SAME POINT BEING THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 512.80
FEET OF LOT 5, J.A. HUDSON SUBDIVISION, AS RECORDED IN PLAT BOOK EE, PAGE
600, BREVARD COUNTY PUBLIC RECORDS, AND THE WEST RIGHT OF WAY OF OLD
DIXIE HIGHWAY; THENCE RUN WEST 764.13 FEET ALONG THE NORTH LINE OF SAID
MOBILE VILLA ESTATES TO THE FLEMMING GRANT LINE; THENCE RUN N. 44° 55' 27"
W ALONG SAID GRANT LINE A DISTANCE OF 838.25 FEET THENCE CONTINUE NORTH
44° 56' 14" WEST ALONG SAID GRANT LINE A DISTANCE OF 178.43 FEET TO THE EAST
RIGHT -OF -LINE WAY OF U S HIGHWAY No 1; THENCE RUN NORTH 33° 32' 01" WEST A
CORD DISTANCE OF 98.92 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF U.S.
HIGHWAY No. 1; THENCE RUN NORTH 89° 04' 41" EAST ON A LINE PARALLEL TO
NORTH LINE OF LOT 2 OF SAID J. A. HUDSON SUBDIVISION A DISTANCE OF 1153.10
FEET TO THE WEST RIGHT-OF-WAY OF OLD DIXIE HIGHWAY; THENCE RUN SOUTH
25° 05' 27" EAST ALONG SAID RIGHT-OF-WAY OF OLD DIXIE HIGHWAY A DISTANCE
OF 906.09 FEET TO THE POINT OF BEGINNING.
ALL SAID LANDS CONTAINING 32.54 ACRES MORE OR LESS
SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF
RECORD.
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ORDINANCE NO. 2005- 043
is changed from RMH-8, Residential Mobile Home District (up to 8 units/acre), to ROSE -4,
Roseland Residential District (up to 4 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 4th day of October, 2005.
This ordinance was advertised in the Press -Journal on the 19th day of September, 2005,
for a public hearing to be held on the 4th day of October, 2005, at which time it was moved for
adoption by Commissioner Neuberger , seconded by Commissioner Davi s ,
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
5.:"
Thomas S. Lowther, Chairman'
ATTEST BY:
Jeffrey K. Barton,
This ordinance was filed with the Department of State on the following date:
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OCT 1 1 2005
ORDINANCE NO. 2005- 043
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, Co i my Attorney
APPROVED AS TO PLANNING MATTERS
Ro' ert . Keating, AICP; ommunity I velopment Director
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