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HomeMy WebLinkAbout2006-027ORDINANCE NO. 2006- 027 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND ZONING MAP FOR MORE OR LESS .52 ACRES LOCATED EAST OF US HWY 1 AND APPROXIMATELY 470 FEET NORTH OF SOUTHEAST 21 ST STREET, FROM RS -6, SINGLE FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), TO CG, GENERAL COMMERCIAL 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 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 BEING A PORTION OF LOT 1, VERO SHORES UNIT 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 52, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1, PROCEED NORTH 89037'41" WEST ALONG THE NORTH LINE THEREOF A DISTANCE OF 64.69 FEET; THENCE SOUTH 00022'19" WEST A DISTANCE OF 21.42 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 29037'41" EAST A DISTANCE OF 25.39 FEET; THENCE SOUTH 00022'19" WEST A DISTANCE OF 29.20 FEET; THENCE NORTH 89037'41" WEST A DISTANCE OF 3.83 FEET; THENCE SOUTH 00'22'19" WEST A DISTANCE OF 73.13 FEET; 1 of 3 :, - ORDINANCE NO. 2006- 027 THENCE SOUTH 58039'52" EAST A DISTANCE OF 3.89 FEET; THENCE SOUTH 00'22'19" WEST A DISTANCE OF 13.02 FEET; THENCE SOUTH 43°44'25" EAST A DISTANCE OF 7.18 FEET; THENCE SOUTH 00'22'19" WEST A DISTANCE OF 23.36 FEET; THENCE SOUTH 45022'19" WEST A DISTANCE OF 7.07 FEET; THENCE SOUTH 00'22'19" WEST A DISTANCE OF 14.33 FEET; THENCE NORTH 89°37'41" WEST A DISTANCE OF 107.38 FEET; THENCE NORTH 55°03'36" WEST A DISTANCE OF 24.46 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1; THENCE NORTH 00°22'37" EAST, ALONG SAID WEST LINE, A DISTANCE OF 165.62 FEET; THENCE DEPARTING SAID WEST LINE, SOUTH 89°37'41" EAST A DISTANCE OF 102.00 FEET; THENCE NORTH 60'22'19" EAST A DISTANCE OF 15.37 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 22,674 FEET OR .52 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS, IF ANY. is changed from RS -6, Single Family Residential District (up to 6 units/acre), to CG, General 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 October 12, 2006. 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. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 12th day of September, 2006. This ordinance was advertised in the Press -Journal on the 28th day of August, 2006, for a public hearing to be held on the 12th day of September, 2006, at which time it was moved for adoption by Commissioner Lowther , seconded by Commissioner Wheeler and adopted by the following vote: Arthur R. Neuberger, Chairman Aye Gary C. Wheeler, Vice Chairman Aye Wesley S. Davis, Commissioner Aye Thomas S. Lowther, Commissioner Aye Sandra L. Bowden, Commissioner Aye BOARD OF COUNTY COMMISSIONERS 2 of 3 1. ORDINANCE NO. 2006- 027 OF INDIAN RIVER.COUNTY BY Arthur R:_Ne " rg , Chairm ATTEST BY: a w-Rr J• G• 1& -/.-Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY . 6'ks illiam G. Collins I , County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AIC15; FACommunity DevelopmentUsersTONG RANGE\CompPlan 3 of 3 t Director SEP 2 0 2006 Scale AmendmentAYoung Kim\Ordinance REZONE.doc