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HomeMy WebLinkAbout2005-033ORDINANCE NO. 2005- 033 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR MORE OR LESS 3.44 ACRES LOCATED APPROXIMATELY 630 FEET NORTH OF 45T11 STREET AND WEST OF 51ST COURT, FROM RMH-8, RESIDENTIAL MOBILE HOME DISTRICT (UP TO 8 UNITS/ACRE), TO RS -6, SINGLE FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE) (MAP 1); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE; AND WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, 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: BEGINNING AT THE NORTHEAST CORNER OF THE EAST 5 ACRES OF THE WEST 21 ACRES OF TRACT 14, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS FILED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH ON THE EAST LINE OF SAID 5 ACRE TRACT, A DISTANCE OF 527.8 FEET, THENCE RUN WEST, PARALLEL TO THE NORTH LINE OF SAID 5 ACRE TRACT A DISTANCE OF 172.3 FEET; THENCE RUN NORTH ON A LINE PARALLEL TO THE WEST LINE OF SAID TRACT 14 A DISTANCE OF 527.8 FEET; THENCE RUN EAST A DISTANCE OF 172.3 FEET TO THE POINT OF BEGINNING; Page 1 of 3 ORDINANCE NO. 2005- 033 AND COMMENCE AT A POINT WHERE THE WEST BOUNDARY LINE OF THE WEST 10 OF THE EAST 20 ACRES OF TRACT 14, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST INTERSECTS WITH THE NORTH RIGHT-OF-WAY LINE OF THE NORTH GIFFORD ROAD, THENCE NORTH ALONG THE WEST BOUNDARY LINE OF THE WEST 10 ACRES OF THE SAID EAST 20 ACRES A DISTANCE OF 1110 FEET; THENCE RUN EAST PARALLEL TO THE NORTH BOUNDARY LINE OF THE WEST 10 ACRES OF SAID EAST 20 ACRES A DISTANCE OF 11 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE EAST PARALLEL TO THE NORTH BOUNDARY LINE OF THE WEST 10 ACRES OF SAID EAST 20 ACRES A DISTANCE OF 131 FEET; THENCE RUN SOUTH PARALLEL TO THE WEST BOUNDARY LINE OF THE WEST 10 ACRES OF SAID EAST 20 ACRES A DISTANCE OF 490 FEET; THENCE RUN WEST PARALLEL TO THE NORTH BOUNDARY LINE OF THE WEST 10 ACRES OF SAID EAST 20 ACRES A DISTANCE OF 131 FEET; AND THENCE RUN NORTH PARALLEL TO THE WEST BOUNDARY OF THE WEST 10 ACRES OF SAID EAST 20 ACRES A DISTANCE OF 490 FEET TO THE POINT OF BEGINNING. LESS THE NORTH 44 FEET OF THE WEST 107 FEET THEREOF. CONTAINING 3.44 ACRES MORE OR LESS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD. is changed from RMH-8, Residential Mobile Home District (up to 8 units/acre), to RS -6, Single - Family Residential District (up to 6 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 6`h day of September, 2005. This ordinance was advertised in the Press -Journal on the 23rd day of August, 2005, for a public hearing to be held on the 6th day of September, 2005, at which time it was moved for adoption by Commissioner Wheel er , seconded by Commissioner Bowden , and adopted by the following vote: Page 2 of 3 ORDINANCE NO. 2005- 033 Thomas S Lowther, Chairman Arthur R. Neuberger, Vice Chairman Wesley S. Davis, Commissioner Gary C. Wheeler, Commissioner Sandra L. Bowden, Commissioner Absent Aye Aye Aye Aye BOARD OF COUNTY COMMISSIONERS OF INDI{1 RIVER COUNTY Thomas S Lowther, Chairman ATTEST B -,lS-k. Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: SEP 1 5 2005 APPROVED AS TO FORM AND LEGAL SUFFICIENCY illiam G. Collins I , County Attorney APPROVED AS TO PLANNING MATTERS Robert M. eating, A CP, ty Develop nt Director F:\Community Development\Users\LONG RANGE\Rzon\Gaither\Ordinance GAITHER.doc Page 3 of 3