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HomeMy WebLinkAbout2006-037ORDINANCE NO. 2006- 0 -37 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR t 3.52 ACRES LOCATED SOUTH OF CR 510 AND APPROXIMATELY 272 FEET EAST OF 46TH AVENUE, FROM CG, GENERAL COMMERCIAL DISTRICT TO OCR, OFFICE, COMMERCIAL, 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 i 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`aparties 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 PORTION OF LAND IN SECTION 28, TOWNSHIP 31, TOWNSHIP 39 EAST, INDIAN RIVER COUNTY, FLORIDA, WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF SUNRISE AVENUE AND THE SOUTHERLY RIGHT-OF-WAY LINE OF WABASSO ROAD; THENCE RUN N00°10'52"W ALONG THE EXTENSION OF THE EASTERLY RIGHT-OF-WAY LINE OF SUNRISE AVENUE A DISTANCE OF 56.28 FEET TO INTERSECT WITH THE CENTERLINE OF WABASSO ROAD, THE CENTERLINE OF A 100 -FOOT WIDE RIGHT-OF-WAY; THENCE RUN N45009'39"E ALONG THE AFORESAID CENTERLINE OF WABASSO ROAD A DISTANCE OF 271.72 FEET TO A Pagel of 3 ORDINANCE NO. 2006- 037 POINT ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 2864.79 FEET THRU A CENTRAL ANGLE OF 02025'30" AND RUN AN ARC DISTANCE OF 121.25 FEET TO THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING CONTINUE ALONG THE AFORESAID CENTERLINE OF WABASSO ROAD ON A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 2864.79 FEET THRU A CENTRAL ANGLE OF 08033'30" AND RUN AN ARC DISTANCE OF 427.92 FEET; THENCE RUN S00054'58"E AND LEAVING THE CENTERLINE OF WABASSO ROAD A DISTANCE OF 587.74 FEET; THENCE RUN S05°58'43"E A DISTANCE OF 495.91 FEET; THENCE RUN N22050'48"W A DISTANCE OF 344.26 FEET TO A POINT OF CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 959.00 FEET THRU A CENTRAL ANGLE OF 05020'53" AN RUN AN ARC DISTANCE OF 89.52 FEET; THENCE RUN N12035'20"W A DISTANCE OF 94.05 FEET; THENCE RUN N17°28'05"W A DISTANCE OF 70.97 FEET TO A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 349.00 FEET THRU A CENTRAL ANGLE OF 25013'02" AND RUN AN ARC DISTANCE OF 153.60 FEET; THENCE RUN N42°41'07"W A DISTANCE OF 169.08 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 3.52 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD. is changed From CG, General Commercial District To OCR, Office, Commercial, Residential District. All with the meaning and intent as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 24th day of October 2006. This ordinance was advertised in the Press -Journal on the 9th day of October 2006, for a public hearing to be held on the 24th day of October 2006, at which time it was moved for adoption by Commissioner Wheel er , seconded by Commissioner Davi s , 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 Page 2 of 3 ORDINANCE NO. 2006- 037 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER CO Y BY Arthur R. Neubvge, Chairman ATTEST BY:_ 6)e,' :Jeffrey -K. Barton;,,Clerk This ordinance was filed with the Department of State on the date: Nnv - .9. 200 APPROVED AS TO FORM AND LEGAL SUFFICIENCY 4 William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP; C munity Dev opment Director FACommunity Development\Users\LONG RANG E\Rzon\IHP\Rezon ing Ordinance 1HP.doc Page 3 of 3 following