HomeMy WebLinkAbout2005-038RESOLUTION NO. 2005- 038
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE SEGMENT OF
80th. COURT (SPRING STREET) BETWEEN 135TH STREET (WAUREGAN
AVENUE) AND 134TH STREET (BREVARD AVENUE) TO BE
DESIGNATED AS A LIMITED USE RIGHT-OF-WAY; SAID RIGHT-OF-
WAY LYING IN THE UNINCORPORATED AREA OF INDIAN RIVER
COUNTY, FLORIDA
WHEREAS, on February 15, 2000, the Board of County Commissioners adopted
ordinance No. 2000-004, which established in the county land development regulations a
definition for and reference to "limited use rights-of-way"; and
WHEREAS, "limited use rights-of-way" are defined as rights-of-way used for non -
general vehicular traffic purposes such as for pedestrian, drainage, utility and other uses; and
WHEREAS, on December 12, 2000, the Board of County Commissioners adopted
resolution 2000-150, which formally accepted the rights-of-way within the Town of Wauregan as
public rights-of-way.
WHEREAS, such a designation provides a benefit to abutting lot owners by reducing
building setbacks on abutting lots; and
WHEREAS, the Board of County Commissioners is authorized to designate a county
right-of-way as a "limited use right-of-way"; and
WHEREAS, Indian River County has received an application from William J. Cooney to
designate the segment of 80th Court (Spring Street) lying between 135th Street (Wauregan
Avenue) and 134th Street (Brevard Street) as a "limited use right-of-way", said right-of-way
segment shown on the attached map (SEE EXHIBIT "A"); and
WHEREAS, Indian River County has determined that the four lots that abut the subject
right-of-way segment have frontage on 134th Street (Brevard Street) or 135th Street (Wauregan
Street); and
WHEREAS, Indian River County has by regular mail notified the owners of record of the
four lots that abut the subject right-of-way segment of the public meeting at which the Board of
County Commissioners will consider designating the subject right-of-way segment as a "limited
use right-of-way".
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
The subject segment of county right-of-way is hereby designated as a "limited use right-
of-way" as defined and referenced in the county land development regulations, and shall not be
used for general vehicular traffic purposes but may be used for pedestrian access, drainage,
emergency access and utility uses authorized by the county.
F:\Community Development\Users\CurDev\RESOLUTION\2005 Resolutions\80th Court (between 134th & 135th Street) Resolution.rtf
•
RESOLUTION NO. 2005- 038
The foregoing resolution was offered by Commissioner Wheel er who moved
its adoption. The motion was seconded by Commissioner Neuberger , and upon
being put to a vote, the vote was as follows:
Chairman Thomas S. Lowther Aye
Vice -Chairman Arthur R. Neuberger Aye
Commissioner Sandra L. Bowden Aye
Commissioner Wesley S. Davis Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed and adopted this 29th day
of March . , 2005.
ATTEST:$effre /K.,"Barton
-- t�County'_of Iridian River
BY, , y'(arl t..Lt.
'Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY:
5- D4L
Thomas S. Lowther, Chairman
Board of County Commissioners
I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and
County to take acknowledgments, personally appeared Thomas S. Lowther , and
intmi4 s• Saasz. as Chairman of the Board of County Commissioners and Deputy Clerk,
respectively, to me known to be the persons described in and who executed the foregoing
instrument and they acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 29th day
of March , A.D., 2005.
APPROVED AS TO LEGAL SUFFICIENCY
BY: --f ��ii'e,,7
William G. Collins, County Attorney
APPROVED AS TO PLANNING MATTERS
BY:
4
Robert eating, el' rector
Community Development DI vision
Kimberly N E. Massung
.; __� :.: MYCOMMISSION# DD216503 EXPIRES
'"''"'I July 15, 2007
BONDED THRU TROY FAIN INSURANCE. INC.
F:\Community Development\Users\CurDev\RESOLUTION\2005 Resolutions\80th Court (between 134th & 135th Street) Resolution.rtf