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HomeMy WebLinkAbout2003-011ORDINANCE NO. 2003-011 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR 10.32 ACRES LOCATED ON THE SOUTH SIDE OF 26TH STREET APPROXIMATELY 664 FEET WEST OF 58"' AVENUE, FROM A -I, AGRICULTURAL DISTRICT (UP TO 1 UNIT/5 ACRES) TO RM -85 MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 8 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. COMMENCING AT THE NE CORNER OF THE NE OF THE NW 1/4 RUN SOUTH 89'58'44" EAST 334.10 FEET ALONG THE NORTH LINE OF SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39 EAST TO THE TRUE POINT OF BEGINNING, FROM THE POINT OF BEGINNING RUN SOUTH 89'58'52" EAST ALONG SAID NORTH LINE OF SECTION 5, A DISTANCE OF 995.01 FEET TO THE NORTHWEST CORNER OF THE NE'/4 OF THE NORTHEAST `/4 OF SAID SECTION 5; THENCE CONTINUE ON SAME BEARING SOUTH 89'58152" EAST 603.92 FEET TO A POINT; THENCE SOUTH 00'09'48" WEST 265.00 FEET TO A POINT; THENCE SOUTH 89'26'34" WEST 603.85 FEET TO A POINT; THENCE CONTINUE SOUTH 89'26'34" WEST 623.03 FEET; Page 1 of 4 ORDINANCE NO. 2003- 011 THENCE SOUTH 55'20'04" WEST 452.10 FEET TO A POINT; THENCE NORTH 0003' 10" EAST 534.61 FEET BACK TO THE POINT OF BEGINNING, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS AS CONTAINED IN THE LEGAL DESCRIPTION IN THAT CERTAIN WARRANTY DEED RECORDED IN OFFICIAL RECORD BOOK 581, PAGE 2810, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SUBJECT TO RIGHT-OF-WAY FOR WALKER AVENUE ALL SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. FROM THE NORTHEAST CORNER OF THE NW '/4 OF NE '/4 OF SECTION 53 TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, RUN SOUTH 00102101" WEST ALONG THE EAST LINE OF SAID NW '/4 OF NE '/4 A DISTANCE OF 271.05 FEET TO A POINT IN THE CENTERLINE OF EXISTING ROADWAY; THENCE RUN SOUTH 89'25'26" WEST ALONG THE CENTERLINE OF SAID ROADWAY A DISTANCE OF 221.15 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE SOUTH 89'25'26" WEST ALONG THE CENTERLINE OF ROAD A DISTANCE OF 143.00 FEET; THENCE RUN SOUTH 00'02'01" WEST A DISTANCE OF 100 FEET; THENCE RUN NORTH 89'25'26" EAST A DISTANCE OF 143.00 FEET; THENCE RUN NORTH 00'02'01" EAST A DISTANCE OF 100 FEET TO THE POINT OF BEGINNING, TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS ACROSS A STRIP OF LAND 15 FEET IN WIDTH LYING IMMEDIATELY NORTH OF THE FOLLOWING DESCRIBED CENTERLINE OF EXISTING ROADWAY; BEGINNING AT A POINT ON THE EAST LINE OF THE NW '/4 OF NE/40F SAID SECTION 5, SAID POINT BEING 271.05 FEET SOUTH OF THE NORTHEAST CORNER OF SAID NW '/4 OF NE '/4; THENCE RUN SOUTH 89'25'26 WEST A DISTANCE OF 623.03 FEET; THENCE RUN SOUTH 55'18356" WEST A DISTANCE OF 622.43 FEET; THENCE RUN SOUTH 33'01' 10" WEST A DISTANCE OF 354.69 FEET, MORE OR LESS, TO A POINT OF ENDING OF SAID EASEMENT ON THE WEST LINE OF SAID NW/40F NE '/4; SAID POINT BEING 928.92 FEET SOUTH OF THE NORTHWEST CORNER OF SAID NW/40F NE '/4 OF SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 10.32 ACRES MORE OR LESS. Page 2 of 4 ORDINANCE NO. 2003-011 Be changed from A-1, Agricultural District (up to 1 unit/5 acres), to RM -8, Multiple -Family District (up to 8 units/acre). All with the meaning and intent and as set forth and described with the Department in said Land Development Department State the following date: Regulations. ordinance was with of on Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 15`h day of April, 2003. This ordinance was advertised in the Press -Journal on the 2°d day of April, 2003, for a public hearing to be held on the 15`' day of April, 2003, at which time it was moved for adoption by Commissioner Lowther :r , seconded by Commissioner Adams , and adopted by the following vote: 3 # , BOARD'OF C( B Kenneth R. Macht Nay Man Caroline D. Ginn Aye ones Fran B. Adams Aye oner Arthur R. Neuberger Aye onerThomas S. Lowther Aye leOMMISSIONERS OF INDIAN RIVER COUNTY filing This ordinance shall become effective upon with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 15`h day of April, 2003. This ordinance was advertised in the Press -Journal on the 2°d day of April, 2003, for a public hearing to be held on the 15`' day of April, 2003, at which time it was moved for adoption by Commissioner Lowther :r , seconded by Commissioner Adams , and adopted by the following vote: 3 # , BOARD'OF C( B Kenneth R. Macht Nay Man Caroline D. Ginn Aye ones Fran B. Adams Aye oner Arthur R. Neuberger Aye onerThomas S. Lowther Aye leOMMISSIONERS OF INDIAN RIVER COUNTY Page 3 of 4 This filed the Department State the following date: ordinance was with of on Page 3 of 4 I ORDINANCE NO, 2003- 011 William G. Collins II, County Attorney FACommunity Development\Users\LONG RANGE\Rzon\Palmer\ORD.doc Page 4 of 4 Director