HomeMy WebLinkAbout2004-009ORDINANCE NO. 2004- 009
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 151
ACRES LOCATED AT THE NORTHEAST CORNER OF C.R. 510 (WABAS SO ROAD) AND
86TH 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, 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
BEING THE SOUTHEAST '/4 OF THE NORTHEAST '/4 OF SECTION 26, TOWNSHIP 31
SOUTH, RANGE 38 EAST. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED LANDS FOR CANAL
RIGHT-OF-WAY:
BEING AN EASEMENT AND RIGHT-OF-WAY 200 FEET IN WIDTH ACROSS THE
SOUTHEAST 'A OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 31 SOUTH, RANGE
38 EAST, BEING 100 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED BASELINE
AS RECORDED IN OFFICIAL RECORDS BOOK 194, PAGE 415 OF THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA:
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ORDINANCE NO. 2004- 009
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST 'A OF AFORESAID
SECTION 26, RUN N 41° 42' 15" W. A DISTANCE OF 610.00 FEET: THENCE RUN N 53° 52'
05" W, A DISTANCE OF 600 FEET: THENCE RUN N 73° 42' 05" W A DISTANCE OF 377.52
FEET: THENCE RUN N 53° 50' 05" W, A DISTANCE OF 92.13 FEET, TO A POINT ON THE
WEST BOUNDARY AND 347 FEET SOUTH OF THE NORTHWEST CORNER OF THE
AFORESAID SOUTHEAST 'A OF THE NORTHEAST 'A OF SECTION 26, TOWNSHIP 31
SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA.
AND LESS AND EXCEPT THAT PORTION OF THE SOUTHEAST /4 OF THE NORTHEAST 1/4
OF SECTION 26, TOWNSHIP 31 SOUTH, RANGE 38 EAST, LYING NORTH AND EAST OF
THE SEBASTIAN RIVER FLOODWAY RIGHT-OF-WAY;
AND LESS AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
A PARCEL OF LAND BEING IN THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 26, TOWNSHIP 31 SOUTH RANGE 38 EAST, SAID LAND LYING
AND BEING IN INDIAN RIVER COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 26, TOWNSHIP 31 SOUTH,
RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, THENCE RUN N 00° 16' 25" E
ALONG A CENTERLINE OF SEBASTIAN RIVER DRAINAGE DISTRICT LATERAL "C"
CANAL 250 FOOT WIDE RIGHT-OF-WAY, A DISTANCE OF 2645.60 FEET TO INTERSECT
WITH THE CENTERLINE OF A 200 FOOT WIDE SEBASTIAN RIVER FLOODWAY. THENCE
RUN N 41° 21' 34" W ALONG THE CENTERLINE OF THE AFORESAID SEBASTIAN RIVER
FLOODWAY A DISTANCE OF 378.29 FEET; THENCE RUN S 48° 38' 26" W AND LEAVING
THE CENTERLINE OF THE SEBASTIAN RIVER FLOODWAY A DISTANCE OF 100.00 FEET
TO THE SOUTH RIGHT-OF-WAY LINE OF THE AFORESAID SEBASTIAN RIVER
FLOODWAY AND THE POINT OF BEGINNING. THENCE FROM THE POINT OF
BEGINNING RUN S 82° 15' 30" W A DISTANCE OF 117.89 FEET; THENCE RUN N 89° 41'
26" W A DISTANCE OF 344.85 FEET; THENCE RUN N 42° 57' 12" W A DISTANCE OF 142.23
FEET; THENCE RUN S 89° 09' 15" W A DISTANCE OF 184.55 FEET; THENCE RUN N 83° 00'
23" W A DISTANCE OF 136.84 FEET; THENCE RUN N 60° 29' 14" W A DISTANCE OF 96.49
FEET; THENCE RUN N 89° 42' 10" W A DISTANCE OF 36.67 FEET; THENCE RUN N 00° 19'
21" E A DISTANCE OF 484.73 FEET TO INTERSECT WITH THE SOUTH RIGHT-OF-WAY
LINE OF THE AFORESAID 200 -FOOT WIDE SEBASTIAN RIVER FLOODWAY; THENCE
RUN ALONG THE SOUTHERNLY RIGHT-OF-WAY OF THE AFORESAID SEBASTIAN
RIVER FLOODWAY THE FOLLOWING COURSES AND DISTANCES; THENCE RUN S 53°
30' 44" E A DISTANCE OF 36.55 FEET; THENCE RUN S 73° 22' 44" E A DISTANCE OF 377.55
FEET; THENCE RUN S 53° 32' 44" E A DISTANCE OF 571.84 FEET; THENCE RUN S 41° 21'
34" E A DISTANCE OF 221.61 FEET TO THE POINT OF BEGINNING. CONTAINING 7.95
ACRES MORE OR LESS.
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ORDINANCE NO. 2004- 009
PARCEL 2
BEING THE SOUTHEAST 'A OF SECTION 26, TOWNSHIP 31 SOUTH, RANGE 38 EAST:
SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND
EXCEPTING THE FOLLOWING DESCRIBED LANDS:
A)
B)
C)
D)
E)
THE SOUTH % OF THE SOUTHEAST 'A OF THE SOUTHEAST '4, LESS AND
EXCEPT THE EAST 15 ACRES, SECTION 26, TOWNSHIP 31 SOUTH, RANGE 38
EAST
THE SOUTH 1/2 OF THE EAST 1/2 OF THE EAST /2 OF THE SOUTHWEST '/4 OF
THE SOUTHEAST 'A, SECTION 26, TOWNSHIP 31 SOUTH, RANGE 38 EAST,
LESS AND EXCEPTING THE NORTH 3 ACRES.
LESS AND EXCEPT THE EAST 125 FEET FOR LATERAL "C" CANAL RIGHT-OF-
WAY AS PER DEED BOOK 32, PAGE 177, OF THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA.
LESS AND EXCEPT THE SOUTH 40 FEET FOR ROAD -RIGHT-OF-WAY FOR
WABASSO ROAD, OLD FELLSMERE-WABASSO (COUNTY ROAD 510) AS PER
OFFICIAL RECORDS BOOK 181, PAGE 658: OFFICIAL RECORDS BOOK 192,
PAGE 419, AND OFFICIAL RECORDS BOOK 192, PAGE 423, AND AS SHOWN
ON THE FLORIDA D.O.T. RIGHT -OF WAY MAPS, LESS AND EXCEPTING THE
WEST 207.78 FEET THEREOF.
LESS AND EXCEPTING THE WEST 207.78 FEET OF THE SOUTH 50 FEET, AS
SHOWN ON THE FLORIDA D.O.T. RIGHT-OF-WAY MAP.
CONTAINING 151 ACRES, MORE OR LESS.
is changed from A-1, Agricultural District (up to 1 unit/5 acres) to RS -3, 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 23rd day of March, 2004.
This ordinance was advertised in the Press -Journal on the 10th day of March, 2004, for a
public hearing to be held on the 23rd day of March, 2004, at which time it was moved for adoption by
Commissioner Macht , seconded by Commissioner Neu berger , and adopted
by the following vote:
Page 3 of 4
ORDINANCE NO. 2004- 009
Chairman Caroline D. Ginn
Vice -Chairman Arthur R. Neuberger
Commissioner Kenneth R. Macht
Commissioner Thomas S Lowther
Commissioner Fran B. Adams
Nay
Aye
Aye
Aye
Nay
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: - C...24(
Caroline D. iriri
•
•
ATTEST BY:
r
Jeffrey K: Barton, Clerk
w
This ordinance was filed with the Department of State on the following date: jr, r g o
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
Rom M. Keating, AIC
ity Develop
nt Director
F:\Community Development\Users\LONG RANGE\Rzon\Sebastian Grove Holdings\Ordinance SGH.doc
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