HomeMy WebLinkAbout2003-032ORDINANCE NO, 2003-032
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AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 35.8
ACRES LOCATED AT THE NORTHWEST CORNER OF 41sT STREET (SOUTH GIFFORD
ROAD), AND 43" AVENUE, FROM RS -6, SINGLE FAMILY RESIDENTIAL DISTRICT
(UP TO 6 UNITS/ACRE), TO IG, GENERAL INDUSTRIAL DISTRICT; AND
FOR APPROXIMATELY 25.89 ACRES LOCATED SOUTH OF 41sT STREET (SOUTH
GIFFORD ROAD), AND APPROXIMATELY 1000 FEET EAST OF 43RD AVENUE FROM
IL, LIGHT INDUSTRIAL DISTRICT TO CG, GENERAL COMMERCIAL DISTRICT; AND
19.61 ACRES APPROXIMATELY 300 FEET EAST OF 43RD AVENUE FROM RS -6, SINGLE
FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), TO CG, GENERAL
COMMERCIAL DISTRICT; 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
WHEREAS, the Board of County Commissioners of Indian River County, Florida, did
publish 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 two public hearings 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 properties situated in Indian
River County, Florida, to -wit:
..)vVl 11CA1 1 OS AlV1J 1 rir, L P -1 L31 1 1.10 1AI;Kb0 V1- 1 KAI. 1 1; ALL [IN OL %l 'L 1V1V
28, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL
PLAT OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE
CLERK OF THE CURCUIT COURT OF ST. LUCIE COUNTY, FLORIDA IN PLAT BOOK 25
PAGE 25; NOW A PART OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA.
LESS AND EXCEPT THE EAST 55 FEET OF TRACT I AND TRACT 8, SECTION 28,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT
OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA IN PLAT BOOK 2,
ORDINANCE NO. 2003- 032
PAGE 25; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA.
AND LESS THE NORTH 45 FEET OF THE SOUTH 85 FEET OF THE EAST 30 ACRES OF
TRACT 8, SECTION 28, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE
PLAT OF THE INDIAN RIVER FARMS COMPANY, AS RECORED IN PLAT BOOK 2,
PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS
NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
CONTAINING 35.8 ACRES, MORE OR LESS.
Is changed from RS -6, Single Family Residential District (up to 6 units/acre) to IG, General
Industrial District.
THE WEST 20 ACRES OF TRACT 11, SECTION 27, TOWNSHIP 32 SOUTH, RANGE 39
EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER
FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT
OF ST, LUCIE COUNTY, FLORIDA IN PLAT BOOK 2, PAGE25;
EXCEPT, HOWEVER THE RIGHT OF WAY OF SOUTH GIFFORD ROAD. SAID LANDS
NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA
TOGETHER WITH THE EAST 10 ACRES OF TRACT 12, SECTION 27 TOWNSHIP 32
SOUTH, RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF
THE OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT OF ST, LUCIE COUNTY, FLORIDA IN PLAT BOOK 2, PAGE
25;
EXCEPT, HOWEVER, THE FOLLOWING DESCRIBED PROPERTY:
BEING A PORTION OF SECTION 273 TOWNSHIP 32 SOUTH, RANGE 39 EAST,
ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER
FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25 PUBLIC
RECORDS OF ST, LUCIE COUNTY, FLORIDA. BEING MORE FULLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF TRACT 11 AFORESAID SECTION 27:
THENCE RUN SOUTH 890 57' 32" EAST (BASIS OF BEARINGS) ALONG THE NORTH
LINE OF SAID TRACT 11, A DISTANCE OF 653.17 FEET: THENCE SOUTH 00° 19' 54"
WEST, A DISTANCE OF 60.00 FEET: THENCE NORTH 89° 57' 32" WEST, A DISTANCE
OF 20.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE MOST
NORTHLY AND WESTERLY CORNER OF GATEWAY CENTER PHASE ONE
ORDINANCE NO. 2003- 032
SUBDIVISION, AS RECORDED IN PLAT BOOK 12, PAGE 83 OF THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FLORIDA: THENCE CONTINUE NORTH 89'57'32" WEST,
A DISTANCE OF 510.00 FEET: THENCE SOUTH 00° 15' 31" WEST A DISTANCE OF
235.00 FEET: THENCE SOUTH 89'57'32" EAST, A DISTANCE OF 510.00 FEET: THENCE
NORTH 000 15' 31" EAST, A DISTANCE OF 235.00 FEET TO THE POINT OF BEGINNING,
ALL OF THE ABOVE LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA
CONTAINING 25.89 ACRES MORE OR LESS, LESS RIGHTS-OF-WAY.
Is changed from IL, Light Industrial District to CG, General Commercial District,
EAST 10 ACRES OF WEST 20 ACRES AND WEST 10.7 ACRES OF EAST 20.07 ACRES
OF TRACT 12 AS RECORDED IN PLAT BOOK 2, PAGE 12 PUBLIC RECORDS OF ST,
LUCIE COUNTY, FLORIDA.
ALL OF THE ABOVE LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA
CONTAINING 19.61 ACRES MORE OR LESS, LESS CANAL.
Is changed from RS -6, Single Family Residential District (up to 6 units/acre) to CG, General
Commercial District.
All
with
the
meaning
and
intent as set forth
and
described
in
said
Land
Development
Regulations,
Effective
Date:
This
Approved and adopted by the Board of County Commissioners of Indian River County, Florida,
on this 16th day of September, 2003.
This ordinance was advertised in the Press -Journal on the 3rd day of September, 2003, for a
public hearing to be held on the 16`h day of September, 2003, at which time it was moved for
adoption by Commissioner Gi nn , seconded by Commissioner
Neuberger 9 and adopted by the following vote:
Effective
Date:
This
ordinance
become
the
issuance
by
the
State
Department
shall
effective
upon
of Community
Affairs
of
a Notice
of Intent
to find
the related
Comprehensive
Plan Land
Use
Designation
Amendment
contained
in Ordinance
Number
2003-028
in compliance
in accordance
with
s.
163.3184(9)
or the
issuance
of a final
order
by the Administration
Commission
finding
in
the referenced
amendment
compliance
with
s. 163.3184(10).
Approved and adopted by the Board of County Commissioners of Indian River County, Florida,
on this 16th day of September, 2003.
This ordinance was advertised in the Press -Journal on the 3rd day of September, 2003, for a
public hearing to be held on the 16`h day of September, 2003, at which time it was moved for
adoption by Commissioner Gi nn , seconded by Commissioner
Neuberger 9 and adopted by the following vote:
DUN WARNNUMMIKOMEWA
Chairman Kenneth R. Macht Aye
Vice -Chairman Caroline D. Ginn Aye
Commissioner Fran B. Adams Aye
Commissioner Arthur R. Neuberger Aye
Commissioner Thomas S. Lowther Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
4bnnetiiR. Macht, Chairman
ti.. .
It w.
'ATTEST
Jeffrey.K. Barton, Clerku
Acknowledgment by the Department of State of the State of Florida this day of
2003.
Acknowledgment by the Department of State received on this 0' day of 14,
2003, at A.M./P.M. and filed in the office of the Clerk of the Board of the County
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
I
William F. Collins II, County Attorney
Robert M. Keating, AICP
Community Development irector
ORDINANCE NO. 2003- 032
FACommunity Development\Users\LONG RANG E\CompPlan\LUDAT UBLIC\Rezoning Ordinance.doc