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HomeMy WebLinkAbout2006-020ORDINANCE NO. 2006- 020 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND ZONING MAP FOR MORE OR LESS 3.28 ACRES LOCATED APPROXIMATELY 475 FEET NORTH OF STATE ROAD 60 (20TH STREET) AND APPROXIMATELY 690 FEET WEST OF 82ND AVENUE FROM CL, LIMITED COMMERCIAL DISTRICT, TO RM -8, MULTIPLE FAMILY RESIDENTIAL 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: THE SOUTH 215.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: "THE WEST 20.46 ACRES OF TRACT 8, SECTION 2, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION AS FILED FOR RECORD IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LAND NOW SITUATE, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS RIGHT OF WAY OF STATE ROAD 60, LESS AND EXCEPT THE SOUTH 6.88 ACRES THEREOF, AS CONVEYED TO HARBOR FEDERAL SAVINGS BANK BY DEED RECORDED IN BOOK 1059, PAGE 718, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA." Pagel of 3 ORDINANCE NO. 2006- 020 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT 8, SECTION 2,TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, THENCE RUN SOUTH 000 10'34"WEST ALONG THE WEST LINE OF SAID TRACT 8 A DISTANCE OF 527.39 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING AND DEPARTING THE WEST LINE OF SAID TRACT 8 RUN SOUTH 89048'55" EAST,ALONG A LINE 215.00 FEET NORTHERLY OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTH 6.88 ACRES OF THE WEST 20.46 ACRES OF TRACT 8 (LESS THE RIGHT OF WAY FOR STATE ROAD 60)A DISTANCE OF 664.52 FEET TO THE EAST LINE OF SAID WEST 20.46 ACRES OF TRACT 8; THENCE RUN SOUTH 00'10'34" WEST ALONG SAID EAST LINE A DISTANCE OF 215.00 FEET TO THE AFOREMENTIONED NORTH LINE OF THE SOUTH 6.88 ACRES;THENCE DEPARTING SAID EAST LINE RUN NORTH 89048'55"WEST ALONG THE NORTH LINE OF SAID SOUTH 6.88 ACRES A DISTANCE OF 664.52 FEET TO THE AFOREMENTIONED WEST LINE OF TRACT 8; THENCE RUN NORTH 00°10'34" EAST ALONG THE SAID WEST LINE A DISTANCE OF 215.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 3.28 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS,RIGHTS OF WAY,RESERVATIONS AND RESTRICTIONS, IF ANY. is changed from CL,Limited Commercial District,to RM-8,Multiple Family Residential District(up to 8 units/acre). 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 August 11,2006. 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 l lch day of July,2006. This ordinance was advertised in the Press-Journal on the 26th day of June, 2006, for a public hearing to be held on the I Ith day of July,2006, at which time it was moved for adoption by Commissioner Lowther , seconded by Commissioner Wheeler _, and adopted by the following vote: Page 2 of 3 J" ORDINANCE NO. 2006- 020 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 AhsPnt BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY Arthur R. Neubefar, Chairma ATTEST BY: r �` Jeffrey K. Barton, Clerk JUL 2 0 2006 This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS tl jlt'-4� Robert M. Keating, AICP; Comm nity Develo ment Director FACommunity DevelopmenlUsers\LONG RANGE\CompPlan\Small Scale AmendmentALVS Vero\Ordinance REZONE.doc Page 3 of 3