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The Vice Chairman opened the public hearing and asked if <br />anyone wished to be heard in this matter. <br />Attorney Christopher Marine, representing the applicant, Mr. <br />Jenkins, asked one change be made to the legal descriptiow of the <br />property. He explained that the surveyor excluded the rights-of- <br />way from the total acreage figure and the applicant wanted those <br />areas included in the rezoning to insure that the entire property <br />would have the same zoning. He demonstrated on the enlarged map <br />where the rights-of-way are located and suggested he would <br />cooperate with the County Attorney or County Administrator to make <br />the correction. <br />Attorney Vitunac advised that since roads really do not have <br />a zoning it is not a legal concern; however, it would be better for <br />the applicant to make this correction in case some of the right-of- <br />way did not get developed. <br />It was determined that no one else wished to be heard and the <br />Chairman closed the public hearing. <br />ON MOTION by Commissioner Eggert, SECONDED by, <br />Commissioner Bowman, Chairman Bird abstaining, the <br />Board unanimously (4-0) adopted Ordinance No. 91-47 <br />amending the zoning ordinance and accompanying <br />zoning map from A-1 to CG for the property generally <br />located on the southeast corner of 82nd Avenue S.W. <br />and 9th Street S.W. and described in the ordinance, <br />with the net acreage to include rights-of-way as <br />requested by the applicant. <br />ORDINANCE NO. 91- 47 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE <br />ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM A-1 TO <br />CG, FOR THE PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER <br />OF 82ND AVENUE S.W. AND 9TH STREET S.W., AND DESCRIBED HEREIN, <br />AND PROVIDI,NG FOR EFFECTIVE DATE. <br />WHEREAS, the Planning and Zoning Commission, sitting as the <br />local planning agency on such matters, has. held a public hearing <br />and subsequently made a recommendation regarding this rezoning <br />regkest; and <br />WHEREAS, the Board of County Commissioners of Indian River <br />County, Florida, did publish and send its Notice of Intent to <br />rezone the hereinafter described property; and <br />39 <br />Nov 19 1991 MOK FA ,E0 <br />