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HomeMy WebLinkAbout2004-008ORDINANCE NO. 2004- 008 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR 3.44 ACRES LOCATED ON TIMBER RIDGE ROAD APPROXIMATELY 300 FEET NORTH OF OSLO ROAD, FROM CL, LIMITED COMMERCIAL DISTRICT TO OCR, OFFICE, COMMERCIAL RESIDENTIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND 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: A PART OF THE SOUTHWEST' OF THE SOUTHEAST' OF SECTION 24, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 'A OF THE SOUTHEAST' OF SECTION 24, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE RUN N89° 40' 39" E ALONG THE SOUTH LINE OF SAID SOUTHWEST % OF THE SOUTHEAST % A DISTANCE OF 436.16 FEET, THENCE N00° 19"21" W A DISTANCE OF 60 00 FEET TO THE INTERSECTION OF THE NORTHERLY RIGHT .OF WAY LINE OF OSLO ROAD (9TH STREET SW) AS DESCRIBED IN THE OFFICIAL RECORD BOOK 760, PAGE 1396 AND OFFICIAL RECORD BOOK 790, PAGE 2102 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE EASTERLY Page 1 of 3 ORDINANCE NO. 2004- 008 RIGHT OF WAY OF LATERAL "J" CANAL (120 FOOT RIGHT OF WAY), THENCE N 18° 32' 43" W ALONG SAID CANAL RIGHT OF WAY LINE A DISTANCE OF 368.61 FEET TO A POINT ON SAID RIGHT OF WAY LINE AND THE POINT OF BEGINNING: THENCE CONTINUE N 18° 32' 43" W ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 263.22 FEET TO THE SOUTHWEST CORNER OF TIMBER RIDGE VILLAGE UNIT 1, THENCE DEPARTING SAID RIGHT OF WAY LINE RUN N 89° 41' 09" E ALONG THE SOUTH LINE OF SAID TIMBER RIDGE VILLAGE A DISTANCE OF 639.72 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF TIMBER RIDGE TRAIL (80 FOOT OF RIGHT OF WAY), THENCE S 00° 18' 50" E ALONG SAID RIGHT OF WAY A DISTANCE OF 180.01 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY, SAID CURVE HAVING A RADIUS OF 205.00 FEET, CENTRAL ANGLE OF 19° 57' 47" AND A CHORD LENGTH OF 71.07 FEET THAT BEARS S 10° 17' 44" E, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE A DISTANCE OF 71.43 FEET, THENCE DEPARTING SAID RIGHT OF WAY LINE RUN S 89° 41' 09 W (NON RADIAL) A DISTANCE OF 569.69 FEET TO THE POINT OF BEGINNING. CONTAINING 3.44 ACRES, MORE OR LESS. ENTIRE PROPERTY SUBJECT TO A UTILITY EASEMENT PER OFFICIAL RECORD BOOK 62, PAGE 334 AI\ -D TO ALL OTHER EASEMENTS OF RECORD. is changed from CL, Limited Commercial District to OCR, Office, Commercial Residential District. 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 9th day of March, 2004. This ordinance was advertised in the Press -Journal on the 20th day of February 2004, for a public hearing to be held on the 9th day of March, 2004, at which time it was moved for adoption by Commissioner Neuberger , seconded by Commissioner Lowther , and adopted by the following vote: Chairman Caroline D. Ginn Aye Vice -Chairman Arthur R. Neuberger Aye Commissioner Kenneth R. Macht Aye Commissioner Thomas S Lowther Aye Commissioner Fran B. Adams Aye Page 2 of 3 ORDINANCE NO. 2004- 008 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Caroline D:P inh, Chairir an. ATTESTBY• ;toe; .55 • 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 i ,1,41; zd , Ro i rt . Keating, AICP; Co, munity Development Director F:\Community Development\Users\LONG RANGE\Rzon\Boyd\Ordinance Boyd.doc Page 3 of 3