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HomeMy WebLinkAbout2008-020ORDINANCE NO. 2008- 0 2 0 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND ZONING MAP FOR ± 075 ACRES LOCATED NORTH OF 67TH STREET AND APPROXIMATELY 140 FEET EAST OF US. 1 FROM RM -3, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS PER ACRE), TO CL, LIMITED COMMERICAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE 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 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 BEING A PORTION OF LOT 12, BLOCK 4 PLAT OF JENNINGS ADDITION TO QUAY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 15 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 12, BLOCK 4, PLAT OF JENNINGS ADDITION TO QUAY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 15 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA THENCE ALONG THE WEST LINE OF SAID BLOCK 4 NORTH 00 00' 57" WEST A DISTANCE OF 10 00 FEET THENCE PROCEED SOUTH 89 44 56" EAST A DISTANCE OF 140.00 FEET TO THE WEST LINE OF THE WEST F:\Community Development\Users\LONG RANGE\CompPlan Amendments \Small Scale Amendments\Realtors US1 Office\Ordinance REZONE.doc Page 1 of 3 ORDINANCE NO, 2008- 020 10.18 ACRES OF THE EAST 20.38 ACRES OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10 TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE PROCEED NORTH 00 00 57" WEST ALONG SAID WEST LINE A DISTANCE OF 188.10 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF QUAY DOCK ROAD; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 69 07' 49" EAST A DISTANCE OF 18.92 FEET, THENCE PROCEED SOUTH 00 00' 57" EAST A DISTANCE OF 181.44 FEET; THENCE PROCEED NORTH 89 44' 56" WEST A DISTANCE OF 17.68 FEET TO THE POINT OF BEGINNING, CONTAINING 0.075 ACRES PLUS OR MINUS. SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS, IF ANY. is changed from RM -3, Multi Family Residential District (up to 3 units/acre), to CL, Limited Commercial District. All with the meaning and intent and as set forth and described in said Land Development Regulations. Unless the companion land use amendment ordinance is challenged, this ordinance shall become effective January 9, 2009. If challenged, the effective date of this ordinance, and therefore, this rezoning request, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184, Florida Statutes, whichever occurs earlier. Appioved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 9" day of December, 2008. This ordinance was advertised in the Press -Journal on the 24th day of November, 2008 for a public hearing to be held on the 9th day of December 2008, at which time it was moved for adoption by Commissioner O'Bryan , seconded by Commissioner Wheeler and adopted by the following vote: Wesley S. Davis, Chairman AYE Joseph E Flescher, Vice Chairman AYE Gary C. Wheeler, Commissioner AYE Peter D. 0 Bryan, Commissioner AYE Bob Solari, Commissioner AYE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY F:\Community Development\Users\LONG RANGE\CompPlan Amendments\Small Scale Amendments\Realtors USI Office\Ordinance R I-17ON F..doc Page 2 of 3 Pl e phe b�. R/. Mary Louise Scheidt, Clerk, Ad Interim This ordinance was filed with the DepartnientofState onthe following date: FEB - 2 2009 APPROVED AS I'O FORM AND LEGAL SUITICIF_NCY William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Robert Ni. Keating, AICI 'elopment 1) ector r'.ACommunity DevelopmenPvUsersALONG RANGE ACompPlan Amendmertls\Small Scale Amendments Real REZONE.doc Page 3 of 3 US 1 01111:0,0R allee