HomeMy WebLinkAbout2007-040ORDINANCE NO, 2007- 040
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR f 6.78 ACRES SOUTH
OF 53RD STREET AND WEST OF U.S. HIGHWAY #1 FROM IL, LIGHT INDUSTRIAL
DISTRICT, 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 held a public hearing pursuant to this
rezoning request, at which parties in interest and citizens were heard;
WHEREAS, the Board of County Commissioners has determined that this rezoning is in
conformance with the Comprehensive Plan of Indian River County,
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:
THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER WHICH
IS EAST OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY AND EAST OF
STATE ROAD 5 (OLD U.S. HIGHWAY NO, 1, BEING OLD DIXIE HIGHWAY) IN
SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY,
FLORIDA.
F►I
ALL OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYING WEST OF NEW US HIGHWAY 1, AND EAST OF THE FLORIDA EAST COAST
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ORDINANCE NO, 2007- 040
RAILWAY RIGHT-OF-WAY AND EAST OF STATE ROAD 5 (OLD U.S. HIGHWAY No. 1,
BEING OLD DIXIE HIGHWAY).
LESS AND EXCEPT THE SOUTH 351.58 FEET OF THE NORTHWEST 1/4 OF SECTION
23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING BETWEEN THE DIXIE HIGHWAY
(OLD U.S. #1) AND THE NEW FOUR LANE U.S. HIGHWAY #1, INDIAN RIVER
COUNTY, FLORIDA.
ALSO LESS AND EXCEPT THE LAND CONVEYED TO INDIAN RIVER COUNTY BY
THE DEED RECORDED APRIL 25, 2002 IN OFFICIAL RECORDS BOOK 1484, PAGE 661,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS:
A PARCEL OF LAND LYING PARTIALLY IN SECTION 22 AND SECTION 23,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF SECTION 22,
TOWNSHIP 32 SOUTH, RANGE 39 EAST AND THE EAST RIGHT-OF-WAY LINE OF
OLD DIXIE HIGHWAY) 66' WIDE), AND RUN SOUTH 15 DEGREES 09 MINUTES I I
SECONDS EAST A DISTANCE OF 31.19 FEET TO THE POINT OF BEGINNING. THEN
RUN SOUTH 89 DEGREES 41 MINUTES 31 SECONDS EAST, CROSSING THE LINE
BETWEEN SECTIONS 22 AND 23, A DISTANCE OF 260.02 FEET TO A POINT IN A LINE
DESCRIBED IN A DEED TO THE FLORIDA ROAD DEPARTMENT RECORDED IN
OFFICIAL RECORDS BOOK 99, PAGE 648, THEN RUN SOUTH 00 DEGREES 18
MINUTES 29 SECONDS WEST, ALONG THE LINE 10.00 FEET TO A POINT, THEN RUN
SOUTH 89 DEGREES 41 MINUTES 31 SECONDS EAST, STILL ALONG THE FLORIDA
ROAD DEPARTMENT, A DISTANCE OF 36.79 FEET TO A POINT OF CURVE OF A
CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 25 FEET AND A CENTRAL
ANGLE OF 73 DEGREES 58 MINUTES 50 SECONDS, THEN RUN ALONG THE CURVE
TO THE RIGHT, AN ARC DISTANCE OF 32.28 FEET TO A POINT OF REVERSE CURVE
FROM WHICH THE RADIUS POINT BEARS NORTH 74 DEGREES 17 MINUTES 19
SECONDS EAST A DISTANCE OF 17,248.75 FEET. THEN RUN ALONG THE CURVE,
THROUGH A CENTRAL ANGLE OF 00 DEGREES 04 MINUTES 09 SECONDS, AN ARC
DISTANCE OF 20.82 FEET TO A POINT OF CURVE OF A NON -TANGENT 25 -FOOT
RADIUS CURVE, WHOSE CHORD BEARS NORTH 52 DEGREES 44 MINUTES 10
SECONDS WEST, THEN RUN ALONG THE CURVE, THROUGH A CENTRAL ANGLE
OF 73 DEGREES 54 MINUTES 41 SECONDS, AN ARC DISTANCE OF 32.25 FEET TO A
POINT OF TANGENCY, THEN RUN NORTH 89 DEGREES 41 MINUTES 31 SECONDS
WEST A DISTANCE OF 269.24 FEET TO A POINT, THEN RUN SOUTH 37 DEGREES 34
MINUTES 39 SECONDS WEST A DISTANCE OF 30.28 FEET TO A POINT IN THE EAST
RIGHT-OF-WAY OF OLD DIXIE HIGHWAY. THEN RUN SOUTH 37 DEGREES 34
MINUTES 39 SECONDS WEST A DISTANCE OF 30.28 FEET TO A POINT IN THE EAST
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ORDINANCE NO. 2007= 040
RIGHT-OF-WAY OF OLD DIXIE HIGHWAY. THEN RUN NORTH 15 DEGREES 09
MINUTES 11 SECONDS WEST A DISTANCE OF 56.19 FEET TO THE POINT OF
BEGINNING. LYING IN INDIAN RIVER COUNTY, FLORIDA.
SAID PARCELS CONTAINING 6.78 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY
OF RECORD.
is changed from IL, Light Industrial District, to CG, General Commercial 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 4th day of December 2007.
This ordinance was advertised in the Press -Journal on the 19th day of November
2007, for a public hearing to be held on the 4th day of December 2007, at which time it was
moved for adoption by Commissioner Davis seconded by
Commissioner Wheeler , and adopted by the following vote:
Sandra L. Bowden, Chairman Aye _
Wesley S. Davis, Vice Chairman Aye _
Gary C. Wheeler, Commissioner Aye
Peter D. O'Bryan, Commissioner Ave
Joseph E. Flescher, Commissioner Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COTATA
BY:
Sandra L.
Chairman
ATTEST BY: &i-o,,,d. olb� , 0�) . C-.
Jeffrey K. Barton, Clerk
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a
ORDINANCE NO.2007- 040
This ordinance was filed with the Department of State on the following
date: Dec tit a002
APPROVED AS TO FO�NI AND LEGAL SUFFICIENCY
� J r
William G. Collins II, County A
AS TO PLANNING MATTERS
Robert M. Keating; AICP; Jc
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