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HomeMy WebLinkAbout2003-025ORDINANCE NO. 2003-025 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR 14.1 ACRES, LOCATED AT THE SOUTHWEST CORNER OF 53RD STREET AND INDIAN RIVER BOULEVARD FROM RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), TO CL, LIMITED .COMMERCIAL DISTRICT; AND FOR 4 ACRES LOCATED AT THE SOUTHWEST CORNER OF GRAND HARBOR BOULEVARD AND INDIAN RIVER BOULEVARD, FROM RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), TO CG, GENERAL COMMERCIAL DISTRICT; AND FOR APPROXIMATELY 23.8 ACRES LOCATED SOUTH OF GRAND HARBOR BOULEVARD AND WEST OF INDIAN RIVER BOULEVARD FROM CG, GENERAL COMMERCIAL DISTRICT TO RM -8, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 8 UNITS/ACRE); AND FOR APPROXIMATELY 10.5 ACRES LOCATED WEST OF INDIAN RIVER BOULEVARD FROM RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), TO RM -8, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 8 UNITS/ACRE) AND DESCRIBED HEREIN AND PROVIDING FOR 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 ox 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 71 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 following described properties situated in Indian River County, Florida, to -wit: THE NORTH 20 ACRES OF THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. ALL LYING AND SITUATED WEST OF THE WEST RIGHT OF WAY LINE OF INDIAN RIVER BOULEVARD (200' WIDE ROW) AS PER CORRECTIVE DEED RECORDED IN OFFICIAL RECORDS BOOK 895, PAGE 773, OF THE PUBLIC ORDINANCE NO. 2003- 025 RECORDS OF INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THAT CERTAIN PORTION CONVEYED TO INDIAN RIVER COUNTY, FLORIDA FOR 53RD STREET ROW. AND A HIATUS OF LAND CREATED BY LEGAL DESCRIPTIONS OF PARCELS LYING SOUTH OF THE NORTH 20 ACRES OF THE NORTHEAST '/2 OF THE NORTHWEST '/4 AND NORTH OF THE NORTH '/20F THE SOUTH '/2 OF THE NORTHEAST '/40F THE NORTHWEST '/4 IN SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ALL LYING WEST OF THE WEST ROW OF THE 200' WIDE INDIAN RIVER BOULEVARD, INDIAN RIVER COUNTY, FLORIDA. SAID DESCRIBED HIATUS BEING APPPROXIMATELY 12 FEET WIDE MORE OR LESS. ALL OF THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NW '/4 OF SECTION 23. TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN N. 890 42' 16" W ALONG THE NORTH LINE OF THE NE '/40F SAID NW/40F SECTION 23 A DISTANCE OF 1338.7 FEET TO THE WEST LINE OF THE NE '/4 OF SAID NORTHWEST '/4 OF SECTION 23; THENCE RUN S.00°.09'37"w ALONG SAID WEST LINE A DISTANCE OF 58 FEET TO THE SOUTH RIGHT OF WAY LINE OF 53RD ST (ROW VARIES) AND POINT OF BEGINNING, FROM SAID POINT OF BEGINNING RUN S.890 42'16" E ALONG SAID SOUTH ROW LINE A DISTANCE OF 429.47 FEET TO THE WEST LINE OF INDIAN RIVER BOULEVARD (220' WIDE ROW) AS PER CORRECTIVE DEED 895, PAGE 773, INDIAN. RIVER COUNTY, FLORIDA; THENCE RUN S.00° 17' 45" W ALONG SAID WEST ROW LINE OF INDIAN RIVER BOULEVARD A DISTANCE OF 319.82 FEET TO THE POINT OF CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 2000.00 FEET, A CENTRAL ANGLE OF 8012'14" SUBTENDED BY A CHORD BEARING AND DISTANCE OF S 03043'22" E 286.12' AND AN ARC DISTANCE OF 286.37 FEET TO THE NORTH LINEOF THE NORTH '/2 OF THE SOUTH '/2 OF THE NE '/4 OF THE NW '/4 OF SAID SECTION 23; THENCE RUN N 89° 41' 16" W ALONG SAID NORTH LINE A DISTANCE OF 448.5 FEET TO THE AFOREMENTIONED WEST LINE OF THE NE '/4 OF THE NW '/4 OF SECTION 23; THENCE RUN N 000 09' 37" EAST ALONG SAID WEST LINE A DISTANCE OF 593.17 FEET TO THE POINT OF BEGINNING, BEING A PART OF THE NORTHEAST '/4 OF THE NORTHWEST 1/4, SECTION 233 TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING WEST OF INDIAN RIVER BOULEVARD, BEING MORE FULLY DESCRIBED AS FOLLOWS: THE NORTH '/2 OF THE SOUTH '/2 OF THE NORTHEAST '/40F THE NORTHWEST '/4, TOGETHER WITH THE SOUTH '/2 OF THE SOUTH '/2 OF THE NORTHEAST '/4 OF THE NORTHWEST'/40F SAID SECTION 23. ORDINANCE NO, 2003- 025 CONTAINING 8.1 ACRES, MORE OR LESS Are rezoned from RM -6, Multiple -Family Residential District (up to 6 units/acre) To CL, Limited Commercial District. BEING A PART OF SECTION 23, TOWNSHIP 32 SOUTH, ' RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 23; THENCE ALONG THE SOUTH LINE OF SAID SECTION 23, N89°54'01 "W, A DISTANCE OF 2,666.75 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 23; THENCE ALONG THE QUARTER SECTION LINE OF SAID SECTION 23, N00005107"E, A DISTANCE OF 1,394.89 FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON THE NORTH LINE OF LANDS CONVEYED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION PER O.R. BOOK 0961, PAGE 2553 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID LANDS CONVEYED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, N89054'27"W5 A DISTANCE OF 944.68 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE, SAID POINT LYING ON THE EASTERLY LINE OF SAID LANDS CONVEYED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION; THENCE ALONG SAID EASTERLY LINE ALONG A CURVE TO THE LEFT, OF WHICH THE RADIUS POINT BEARS S75018'33"W HAVING A DELTA OF 01057'52" A RADIUS OF 17,328.78 FEET AN ARC LENGTH OF 594.13 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF HARBOR DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF- WAY OF HARBOR DRIVE, N73007128"E, A DISTANCE OF 10.36 FEET TO A POINT OF CURVE; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY OF HARBOR DRIVE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 37030'55" A RADIUS OF 548.00 FEET AN ARC LENGTH 358.81 FEET TO A POINT OF REVERSE CURVE; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY OF HARBOR DRIVE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 30008'23" A RADIUS OF 547.14 FEET AN ARC LENGTH OF 287.82 FEET; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY OF HARBOR DRIVE, N65044'56"E, A DISTANCE OF 52.08 FEET TO THE SOUTHWESTERLY MOST CORNER OF A WATER MANAGEMENT TRACT LYING AT THE SOUTHWEST CORNER OF THE INTERSECTION OF INDIAN RIVER BOULEVARD AND HARBOR DRIVE AS DEPICTED ON GRAND HARBOR — PLAT I (SHEET 3) AS RECORDED IN PLAT BOOK 12, PAGE 62 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID WATER MANAGEMENT TRACT, N65044156"E, A DISTANCE OF 80.44 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE; THENCE CONTINUE ALONG THE SOUTH LINE OF SAID WATER MANAGEMENT TRACT ALONG A CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT BEARS S24015'07"E HAVING A DELTA OF 25019'01" A RADIUS OF 349.06 FEET AN ARC ORDINANCE NO. 2003- 025 LENGTH OF 154.24 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE; THENCE CONTINUE ALONG THE SOUTH LINE OF SAID WATER MANAGEMENT TRACT ALONG A CURVE TO THE LEFT, OF WHICH THE RADIUS POINT BEARS N01003'49"E HAVING A DELTA OF 52034'51" A RADIUS OF 182.14 FEET AN ARC LENGTH OF 167.15 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE; THENCE CONTINUE ALONG THE SOUTH LINE OF SAID WATER MANAGEMENT TRACT ALONG A CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT BEARS S51030'31"E HAVING A DELTA OF 44058'32" A RADIUS OF 180.62 FEET AN ARC LENGTH OF 141.78 FEET; THENCE S45°04'51 "E, A DISTANCE OF 108.91 FEET; THENCE S3101413VE5 A DISTANCE OF 126.33 FEET; THENCE S58045'29"W, A DISTANCE OF 34.20 FEET; THENCE S00°22'21 "E, A DISTANCE OF 227.76 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE; THENCE ALONG A CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT BEARS SO4056'40"W HAVING A DELTA OF 58052'30" A RADIUS OF 275.00 FEET AN ARC LENGTH OF 282.58 FEET; THENCE S26°10'54"E, A DISTANCE OF 8.98 FEET; THENCE N89°54'41 "W, A DISTANCE OF 289.82 FEET TO A POINT ON THE QUARTER SECTION LINE; THENCE ALONG SAID QUARTER SECTION LINE, S00005'07"W, A DISTANCE OF 592.45 FEET BACK TO THE POINT OF BEGINNING. CONTAINING 110305512 SQUARE FEET OR 23.7 ACRES, MORE OR LESS, SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. BEING A PART OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 23; THENCE ALONG THE SOUTH LINE OF SAID SECTION 23, N89054'01 "W, A DISTANCE OF 2,189.54 FEET; THENCE N00°05'07"E, A DISTANCE OF 1,987.44 FEET TO THE POINT OF BEGINNING; THENCE N63049'09"E, A DISTANCE OF 131.97 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD, S26010'17"E, A DISTANCE OF 65.13 FEET; THENCE N89°54'44"W, A DISTANCE OF 147.15 FEET BACK TO THE POINT OF BEGINNING. CONTAINING 4,297.71 SQUARE FEET OR 0.10 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. Are rezoned from CG, General Commercial District, to RM -8, Multiple -Family Residential District (up to 8 units/acre). BEING A PART OF SECTION 237 TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN ORDINANCE NO. 2003— 025 RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 23; THENCE ALONG THE SOUTH LINE OF SAID SECTION 23, N89°54'01 "W, A DISTANCE OF 2,340.23 FEET; THENCE N00°05'07"E, A DISTANCE OF 1,913.04 FEET TO THE POINT OF BEGINNING; THENCE N2601015011W, A DISTANCE OF 82.94 FEET; THENCE S89°54'41 "E, A DISTANCE OF 187.39 FEET; THENCE S63049'09"W, A DISTANCE OF 168.03 FEET BACK TO THE POINT OF BEGINNING. c CONTAINING 65968 SQUARE FEET OR 0.2 ACRES, MORE OR LESS, SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, BEING A PART OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY MOST CORNER OF A WATER MANAGEMENT TRACT LYING AT THE SOUTHWEST CORNER OF THE INTERSECTION OF INDIAN RIVER BOULEVARD AND HARBOR DRIVE AS DEPICTED ON GRAND HARBOR — PLAT 1 (SHEET 3) AS RECORDED IN PLAT BOOK 12, PAGE 62 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID WATER MANAGEMENT TRACT, N65045129"W, A DISTANCE OF 412.48 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE; THENCE CONTINUE ALONG SAID SOUTH LINE OF SAID WATER MANAGEMENT TRACT ALONG A CURVE TO THE LEFT, OF WHICH THE RADIUS POINT BEARS S24014'26"W HAVING A DELTA OF 30046'17" A RADIUS OF 180.62 FEET AN ARC LENGTH OF 97.01 FEET; THENCE N45°04'51 "W, A DISTANCE OF 29.55 FEET; THENCE N8103747W, A DISTANCE OF 74.53 FEET; THENCE S53022113"W, A DISTANCE OF 161.56 FEET; THENCE N43056'00"W, A DISTANCE OF 64.43 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE, SAID POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY. LINE. OF HARBOR DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF HARBOR' DRIVE ALONG A CURVE TO THE LEFT, OF WHICH THE RADIUS POINT BEARS N54029'05"W HAVING A DELTA OF 06019'23" A RADIUS OF 548.00 FEET AN ARC LENGTH OF 60.47 FEET; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF HARBOR DRIVE, N290 13' 13 "E, A DISTANCE OF 102.46 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF HARBOR DRIVE ALONG A CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT BEARS S60046'48"E HAVING A DELTA OF 24014'41" A RADIUS OF 452.00 FEET AN ARC LENGTH OF 191.26 FEET; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE OF HARBOR DRIVE, N53027154"E, A DISTANCE OF 200.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD, S35059'0311E, A DISTANCE OF 224.86 FEET TO THE POINT OF CURVE OF ORDINANCE NO. 2003- 025 A NON TANGENT CURVE; THENCE CONTINUE ALONG SAID WESTERLY RIGHT-OF- WAY LINE OF INDIAN RIVER BOULEVARD ALONG A CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT BEARS S55°15'29"W HAVING A DELTA OF 05053'44" A RADIUS OF 4;414.81 FEET AN ARC LENGTH OF 454.28 FEET BACK TO THE POINT OF BEGINNING. CONTAINING 163,814 SQUARE FEET OR 3.8 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. Are rezoned from RM -6, Multiple -Family Residential District (up to 6 units/acre), To CG, General Commercial District. BEGINNING AT THE SOUTHWESTERLY MOST CORNER OF A WATER MANAGEMENT TRACT LYING AT THE SOUTHWEST CORNER OF THE INTERSECTION OF INDIAN RIVER BOULEVARD AND HARBOR DRIVE AS DEPICTED ON GRAND HARBOR — PLAT 1 (SHEET 3) AS RECORDED IN PLAT BOOK 12, PAGE 62 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID WATER MANAGEMENT TRACT, N65044'56"E, A DISTANCE OF 80.44 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE; THENCE CONTINUE ALONG THE SOUTH LINE OF SAID WATER MANAGEMENT TRACT ALONG A CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT BEARS S24° 15'07"E HAVING A DELTA OF 25019'01" A RADIUS OF 349.06 FEET AN ARC LENGTH OF 154.24 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE; THENCE CONTINUE ALONG SAID SOUTH LINE OF SAID WATER MANAGEMENT TRACT ALONG A CURVE TO THE LEFT, OF WHICH THE RADIUS POINT BEARS N01003'49"E HAVING A DELTA OF 52034'51" A RADIUS OF 182.14 FEET AN ARC LENGTH OF 167.15 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE; THENCE CONTINUE ALONG SAID SOUTH LINE OF SAID WATER MANAGEMENT TRACT ALONG A CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT BEARS S51 °30'31 "E HAVING A DELTA OF 44058'32" A RADIUS OF 180.62 FEET AN ARC LENGTH OF 141.78 FEET; THENCE N45°04'51 "W, A DISTANCE OF 29.55 FEET; THENCE N81037147"W, A DISTANCE OF 74.53 FEET; THENCE S53°22'13"W, A DISTANCE OF 161.56 FEET; THENCE N43956'00"W, A DISTANCE OF 64.43, FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE, SAID POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF HARBOR DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF HARBOR DRIVE ALONG A CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT BEARS N54029'05"W HAVING A DELTA OF 30014'01" A RADIUS OF 548.00 FEET AN ARC LENGTH OF 289.17 FEET BACK TO THE POINT OF BEGINNING, CONTAINING 25,307 SQUARE FEET OR 0.6 ACRES, MORE OR LESS, SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. ORDINANCE NO. 2003- 025 BEING A PART OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 23; THENCE ALONG THE SOUTH LINE OF SAID SECTION 23; N89°54'01 "W, A DISTANCE OF 2,666.75 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 23; THENCE ALONG THE QUARTER SECTION LINE OF SAID SECTION 23; N00°05'07"E5 A DISTANCE OF; 1,324.89 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N00005'07"E ALONG SAID QUARTER SECTION LINE, A DISTANCE OF 662.45 FEET; THENCE S89°54'41 "E, A DISTANCE OF 289.82 FEET; THENCE S26° 10'50"E, A DISTANCE OF 82.94 FEET; THENCE N63°49'09"E, A DISTANCE OF 168.03 FEET; THENCE S89054'44"E, A DISTANCE OF 147.15 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD, S2601637"E, A DISTANCE OF 6.31 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE; THENCE CONTINUE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD ALONG A CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT BEARS S63049'10"W HAVING A DELTA OF 01001'58" A RADIUS OF 5,000.09 FEET AN ARC LENGTH OF 90.13 FEET; THENCE S00004'24"W, A DISTANCE OF 575.68 FEET; THENCE N89054'27"W, A DISTANCE OF 666.43 FEET BACK TO THE POINT OF BEGINNING. CONTAINING 432,683 SQUARE FEET OR 9.9 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. Are rezoned from RM -6, Multiple -Family Residential District (up to 6 units/acre), to RM -8, Multiple -Family Residential District (up to 8 units/acre). All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore, the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 3. Repeal of Conflicting Provisions This All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore, the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. Effective Date: This become the issuance by the State Department ordinance shall effective upon This ordinance was advertised in the Press -Journal on the 21 St day of August, 2003, for a public hearing to be held on the 2nd day of September, 2003, at which time it was moved for adoption by Commissioner Lowther , seconded by Commissioner Adams and adopted by the following vote: Chairman ORDINANCE NO. 2003- 025 R. Macht Aye Vice -Chairman Caroline of Community Affairs of a Notice of Intent to find the related Comprehensive Aye Plan Land Use Aye Commissioner Fran B. Adams Designation Amendment contained in Ordinance Aye Commissioner Number 2003- 026 in compliance in issuance final by accordance with s. 163.3184(9) or the of a order the Administration Commission finding the referenced amendment in compliance with s. 163.3184(10). This ordinance was advertised in the Press -Journal on the 21 St day of August, 2003, for a public hearing to be held on the 2nd day of September, 2003, at which time it was moved for adoption by Commissioner Lowther , seconded by Commissioner Adams and adopted by the following vote: Chairman Kenneth R. Macht Aye Vice -Chairman Caroline D. Ginn Aye Aye Commissioner Fran B. Adams Aye Commissioner Arthur R. Neuberger BOARD OF COUNTY COMMISSIONERS ;., OF INDIAN RIVER COUNTY �ax � 9 } 't - ', 46 . Y�y�r„tc 4 BY• A '.*�,,`w Kenneth R. Macht, Chairman pv :ATTEST-) Wk � .�ye Jeffrey K `Barton, erk Ale Acknowledgment b %e Department of State of the State of Florida this % day of , 2003 4Y r Acknowledgment from the Department of State received on this AT, day of , 20033 at A. Pounty, and filed in the office of the Clerk of the Board of County Commissioners of Indian River Florida. William G. Collins II, County Attorney 9W A [� I�►•i1Z1I� I APPROVED AS TO PLANNING MATTERS Ro ert M. Keating, AICP; Co unity D elopment Director Indian River Co. Approved Date Admin. Legal Budget Dept. /{ Risk Mgr. o F:\Community Development\Users\LONG RANG E\CompPlan\LUDA\Grand Harbor\rzone Ordinanceldoc