The URL can be used to link to this page

Home My WebLink About2001-014ORDINANCE NO, 2001- 014 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ±10.2 ACRES, LOCATED A QUARTER MILE EAST OF US 1 AND ±180 FEET NORTH OF 97TH LANE, FROM RS -1, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 1 UNIT/ACRE), TO RM -6, MULTIPLE - FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE); AND DESCRIBED HEREIN, AND PROVIDING 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: A parcel of land lying and being in part of Government Lot 2, Section 21, Township 31 South, Range 39 East, being more particularly described as follows: Commencing at the northwest corner of Section 21, Township 31 South, Range 39 East, run South 00°04'57" East along the west line of said Section 21, also being the west line of Government Lot 1, Section 21, Township 31 South, Range 39 East a distance of 1322.71 feet to the northwest corner of Government Lot 2, Section 21, Township 31 South, Range 39 East, also being the southwest corner of said Government Lot 1; then run South 89°43'37" East along the north line of said Government Lot 2 and south line of aforementioned Government Lot 1 a distance of Page 1 of 7 ORDINANCE NO, 2001-014 642.76 feet to the intersection with the Indian River County zoning boundary line and point of beginning: From the point of beginning continue along the north line of Government Lot 2 a distance of 891.49 feet, more or less, to the apparent Mean High Water Line of the Indian River Lagoon as established at elevation 0.58 feet (National Geodetic Vertical Datum of 1929); then meander southeasterly along the apparent Mean High Water Line the following four courses: South 21°03'21" East a distance of 36.41 feet; then South 08°18'03" East a distance of 263.04 feet, then South 26°36'53" East a distance of 300.25 feet; then South 18°04'53" East a distance of 89.43 feet to the intersection of the apparent Mean High Water Line with the north right-of-way line of a 70 feet wide Florida Department of Transportation out -fall ditch as shown on the right-of-way map for U.S. Highway 1 (State Road number 5, Federal Road Division Number 3, Section and Job # 8801-(110) 207, dated 1955 and 1956, pages 2 and 9); then departing from the apparent Mean High Water Line run North 89°09'23" West along said north right-of-way line of the Florida Department of Transportation out -fall ditch a distance of 793.55 feet, more or less, to the intersection with the Indian River County zoning boundary line; then departing the north right of way line run North 25°55'53" West along the aforementioned Indian River County zoning boundary line a distance of 711.96 feet to the point of beginning. Less and Except: Commencing at the northwest corner of Section 21, Township 31 South, Range 39 East, run South 00°04'57" East along the west line of said Section 21, also being the west line of Government Lot 1, Section 21, Township 31 South, Range 39 East a distance of 1322.71 feet to the northwest corner of Government Lot 2, Section 21, Township 31 South, Range 39 East, also being the southwest corner of said Government Lot 1; then run South 89°43'37" East along the north line of said Government Lot 2 and south line of aforementioned Government Lot 1 a distance of 642.76 feet to the intersection with the Indian River County zoning boundary line; then run South 25°55'53" East along said zoning boundary line a distance of 368.93 feet to the intersection with an existing estuarine wetland area and point of beginning; From the point of beginning run the following eighteen courses and distances along the perimeter of said existing estuarine wetland area: Run North 40°32'14" East a distance of 33.27 feet; then run North 67°08'58" East a distance of 40.04 feet; Page 2 of 7 ORDINANCE NO, 2001-014 then run South 68°11'53" East a distance of 41.60 feet; then run South 16°14'15" East a distance of 33.26 feet; then run South 81'25'29" East a distance of 36.87 feet; then run South 86°02'43" East a distance of 32.28 feet; then run North 15°17'18" East a distance of 26.97 feet; then run South 73°40'08" East a distance of 27.43 feet; then run North 38°43'50" East a distance of 55.40 feet; then run South 13°40'52" East a distance of 80.30 feet; then run South 42°51'24" West a distance of 62.25 feet; then run South 06°08'10" East a distance of 38.30 feet; then run North 68°04'43" West a distance of 22.86 feet; then run South 66°21'42" West a distance of 66.11 feet; then run North 73°29'30" West a distance of 16.71 feet; then run North 67'14'46" West a distance of 20.21 feet; then run South 69°47'38" West a distance of 37.05 feet; then run South 68°18'58" West a distance of 7.41 feet; then run North 25°55'53" West along the aforementioned zoning boundary line a distance of 150.59 feet to the point of beginning. And also Less and Except: Commencing at the northwest corner of Section 21, Township 31 South, Range 39 East, run South 00°04'57" East along the west line of said Section 21, also being the west line of Government Lot 1, Section 21, Township 31 South, Range 39 East a distance of 1322.71 feet to the northwest corner of Government Lot 2, Section 21, Township 31 South, Range 39 East, also being the southwest corner of said Government Lot 1; then run South 89°43'37" East along the north line of said Government Lot 2 and south line of aforementioned Government Lot 1 a distance of 1534.25 feet to the intersection with the apparent Mean High Water Line of the Indian River Lagoon as established at elevation 0.58 feet (National Geodetic Vertical Datum of 1929) and point of beginning: From the point of beginning meander southeasterly along the apparent Mean High Water Line the following four courses: South 21°03'21" East a distance of 36.41 feet; then South 08°18'03" East a distance of 263.04 feet, then South 26°36'53" East a distance of 300.25 feet; then South 18°04'53" East a distance of 89.43 feet to the intersection of the apparent Mean High Water Line with the north right-of-way line of a 70 feet wide Florida Department of Transportation out -fall ditch as shown on the right-of-way map for U.S. Highway 1 (State Road number 5, Federal Road Division Number 3, Section and Job # 8801-(110) 207, dated 1955 and 1956, pages 2 and 9); then departing from Page 3 of 7 ORDINANCE NO, 2001-014 the apparent Mean High Water Line run North 89°09'23" West along said north right-of-way line of the Florida Department of Transportation out -fall ditch a distance of 87.31 feet, more or less, to the intersection with an existing estuarine wetland area; then departing the north right of way line run along the westerly line of said existing estuarine wetland area the following eleven courses and distances: North 35°35'14" East a distance of 35.71 feet; then run North 35°39'02" West a distance of 26.59 feet; then run North 60°57'45" West a distance of 69.36 feet; then run North 15°23'01" East a distance of 40.79 feet; then run North 29°49'59" East a distance of 49.71 feet; then run North 42°51'23" West a distance of 17.26 feet; then run North 82'13'49" West a distance of 67.10 feet; then run North 14°57'24" West a distance of 164.11 feet; then run North 06°55'13" East a distance of 42.31 feet; then run North 17°00'39" East a distance of 37.39 feet; then run North 04'11'08" West a distance of 197.30 feet; then departing said existing estuarine wetland area continue North 04° 11'08" West a distance of 24.99 feet to the aforementioned north line of Government Lot 2; then run South 89°43'37" East along the north line of said Government Lot 2 a distance of 14.56 feet to the point of beginning. And also Less and Except: Commencing at the northwest corner of Section 21, Township 31 South, Range 39 East, run South 00°04'57" East along the west line of said Section 21, also being the west line of Government Lot 1, Section 21, Township 31 South, Range 39 East a distance of 1322.71 feet to the northwest corner of Government Lot 2, Section 21, Township 31 South, Range 39 East, also being the southwest corner of said Government Lot 1; then run South 89°43'37" East along the north line of said Government Lot 2 and south line of aforementioned Government Lot 1 a distance of 709.56 feet to the point of beginning: From the point of beginning continue South 89°43'37" East along the north line of said Government Lot 2 and south line of aforementioned Government Lot 1 a distance of 810.13 feet; then departing said north line run South 04°11'08" East a distance of 46.98 feet to the southerly limits of an existing estuarine wetland area; then run along the southerly line of said estuarine wetland area the following courses: Run South 85°48'52" West a distance of 31.69 feet; then run South 54°21'18" West a distance of 21.72 feet; then run South 79°56'57" West a distance of 70.57 feet; then run North 88°22'10" West a distance of 6.58 feet to a point of curvature; Page 4 of 7 ORDINANCE NO, 2001- 014 then run northwesterly along the arc of curve concave to the northeast having a radius of 15.00 feet, a central angle of 38°56'37", subtended by a chord bearing and distance of North 56'14'54" West, 10.00 feet, an arc distance of 10.20 feet to the point of tangency; then run North 36°46'35" West a distance of 10.38; then run North 27°32'32" East a distance of 23.38; then run North 48°58'21" West a distance of 14.73; then run North 87°3.8'32" West a distance of 23.15; then run North 36°46'35" West a distance of 18.24 to a point of curvature; then run northwesterly along the arc of curve concave to the southwest having a radius of 25.00 feet, a central angle of 52°57'02", subtended by a chord bearing and distance of North 63°15'06" West , 22.29 feet, an arc distance of 23.10 feet to the point of tangency;. then run North 89°43'37" West a distance of 5.83 to a point of curvature; then run southwesterly along the arc of curve concave to the southeast having a radius of 25.00 feet, a central angle of 37°02'58", subtended by a chord bearing and distance of South 71'44'54" West , 15.89 feet, an arc distance of 16.17 feet to the point of tangency; then run South 53°13'25" West a distance of 23.43 to a point of curvature; then run southwesterly along the arc of curve concave to the northwest having a radius of 15.00 feet, a central angle of 39044'06", subtended by a chord bearing and distance of South 73°05'28" West , 10.20 feet, an arc distance of 10.40 feet to the point of tangency; then run North 87°02'29" West a distance of 17.77; then run North 81°25'54" West a distance of 36.51; then run South 89°13'46" West a distance of 114.92; then run North 86'16'32" West a distance of 137.69; then run North 84°00'40" West a distance of 40.36 to a point on a non -tangent curve; then run northwesterly along the arc of curve concave to the southwest having a radius of 5.00 feet, a central angle of 99°55'12", subtended by a chord bearing and distance of North 39°46'03" West, 7.66 feet, an arc distance of 8.72 feet to the point of tangency; then run North 89°43'37" West a distance of 53.63; then run North 84000'40" West a distance of 8.24; then run North 89°55'08" West a distance of 133.33; then run North 78°40'22" West a distance of 24.13 to the point of beginning. Said parcel lying and being in Indian River County, Florida, containing 10.17 acres, more or less. Page 5 of 7 ORDINANCE NO, 2001-014 Be changed from RS -1, Single -Family Residential District (up to 1 unit/acre), to RM -6, Multiple - Family Residential District (up to 6 units/acre). Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 12"' day of June, 2001. This ordinance was advertised in the Press -Journal on the 30`h day of May, 2001, for a public hearing to be held on the 12`h day of June, 2001, at which time it was moved for adoption by Commissioner Macht , seconded by Commissioner Ti ppi n , and adopted by the following vote: Chairman Caroline All with the meaning Ave and intent and as set forth and described in said Land Development ordinance shall effective upon with the of State. Regulations. -Chairman M. Stanbridge Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 12"' day of June, 2001. This ordinance was advertised in the Press -Journal on the 30`h day of May, 2001, for a public hearing to be held on the 12`h day of June, 2001, at which time it was moved for adoption by Commissioner Macht , seconded by Commissioner Ti ppi n , and adopted by the following vote: Chairman Caroline This Ave become filing Department Vice ordinance shall effective upon with the of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 12"' day of June, 2001. This ordinance was advertised in the Press -Journal on the 30`h day of May, 2001, for a public hearing to be held on the 12`h day of June, 2001, at which time it was moved for adoption by Commissioner Macht , seconded by Commissioner Ti ppi n , and adopted by the following vote: Chairman Caroline D. Ginn Ave Vice Ruth -Chairman M. Stanbridge Aye Commissioner Aye Fran B. Adams Commissioner Kenneth R. Macht Aye Commissioner John Tippin W. Aye s, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY �' er. BY: zi..�..ofZ } ,:. Ruth M. Stanbri dge- Vice Ch'ai rman LLLLLL ATTEST BY: Ctc.�.I ,d .�' 4 00 Xjeffrey`K.,Barton, Clerk This ordinance was filed with the Department of State on the following date: " f9-�00 Page 6 of 7 ORDINANCE NO, 2001- 014 & r "&4 wKoz, 4 1 William G. Collins II, Deputy County Attorney cd\u\v\j \rz\hatala 1 \ord. wpd Page 7 of 7 Director