HomeMy WebLinkAbout2006-041ORDINANCE NO. 2006- 041
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ± 2.89 ACRES LOCATED
EAST OF OLD DIXIE HIGHWAY AND APPROXIMATELY 390 FEET SOUTH OF 45TH
STREET, FROM CH, HEAVY COMMERCIAL DISTRICT, AND CG, GENERAL
COMMERCIAL DISTRICT, TO IL, LIGHT INDUSTRIAL; 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; and
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 26, TOWNSHIP 31, TOWNSHIP 32 SOUTH, RANGE
39 EAST, INDIAN RIVER COUNTY, FLORIDA, WHICH IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
LEGAL DESCRIPTION PARCEL 1:
FROM SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST. RUN WEST 700
FEET TO THE SOUTHEAST CORNER OF CHURCH PROPERTY. THENCE NORTH
322.55 FEET; THENCE WEST 58.60 FEET MORE OR LESS TO THE POINT OF
BEGINNING; THENCE WEST 72.65 FEET; THENCE NORTHWESTERLY & PARALLEL
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ORDINANCE NO. 2006- 041
TO THE RIGHT OF WAY OF OLD U.S. HWY 1, 100 FEET. THENCE WEST 150 FEET;
THENCE NORTH ALONG THE EAST RIGHT OF WAY OF OLD U.S. 1, 514.84 FEET;
THENCE EAST ON A LINE WITH AN INTERIOR ANGLE OF 74028'00" FROM SOUTH
TO EAST 150.00 FEET; THENCE EAST 50 FEET; THENCE SOUTHEASTERLY AND
PARALLEL TO THE EAST RIGHT OF WAY OF OLD U.S. 1325.00 FEET; THENCE
EASTERLY 30.98 FEET TO A POINT; THENCE SOUTHERLY 288.50 FEET; THENCE
EASTERLY 30.98 FEET TO A POINT; TO A POINT; THENCE SOUTHERLY 288.50 FEET
TO THE POINT OF BEGINNING, AS RECORDED IN OFFICIAL RECORD BOOK 645.
PAGE 2312 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID
PARCEL CONTAINING 2.27 ACRES MORE OR LESS.
LEGAL DESCRIPTION PARCEL 2:
FROM THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST;
THENCE RUN WEST 700.00 FEET TO THE SOUTHEAST CORNER OF CHURCH
PROPERTY; THENCE NORTH 322.55 FEET; THENCE WEST TO A POINT WHICH IS
150.00 FEET EAST OF THE RIGHT OF WAY OF OLD U.S. 1, A DISTANCE OF 131.25
FEET TO THE POINT OF BEGINNING; THENCE NORTHEASTERLY AND PARALLEL
TO THE EAST RIGHT OF WAY OF OLD U.S. 1. A DISTANCE OF 100.00 FEET; THENCE
WEST TO THE EAST RIGHT OF WAY LINE OF OLD U.S. 1 A DISTANCE OF 150.00
FEET; THENCE SOUTHEASTERLY ALONG THE RIGHT OF WAY LINE OF OLD U.S. 1.
A DISTANCE OF 100.00 FEET; THENCE EAST, A DISTANCE OF 150.00 FEET TO THE
POINT OF BEGINNING. AS RECORDED IN OFFICIAL RECORD BOOK 398. (& PAGE
232 OF OFFICIAL RECORD BOOK 405 PAGE 121) OF THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL CONTAINING .33 ACRES MORE
OR LESS.
LEGAL DESCRIPTION PARCEL 2A:
FROM THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 26 RUN WEST 700 FEET TO THE
SOUTHEAST CORNER OF CHURCH PROPERTY. THENCE NORTH 322.55 FEET;
THENCE WEST 58.60 FEET MORE OR LESS TO THE POINT OF BEGINNING; THENCE
CONTINUE NORTH 89059'59" WEST, A DISTANCE OF 222.46 FEET, TO THE EAST
RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY: THENCE NORTH 15°33'52" WEST,
ALONG SAID RIGHT OF WAY LINE. A DISTANCE OF 118.07 FEET; THENCE NORTH
88035'29" EAST, A DISTANCE OF 127.87 FEET; THENCE NORTH 75'04'16" EAST. A
DISTANCE OF 94.62 FEET; THENCE SOUTH 13°52'39" EAST. A DISTANCE OF 145.50
FEET. TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.29 ACRES
MORE OR LESS.
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SUCH TO AN ACCESS EASEMENT OVER AND ACROSS THE NORTH 16.00 FEET
THEREOF.
SAID PARCEL CONTAINING 2.89 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY
OF RECORD.
is changed From CG, General Commercial District, and CH, Heavy Commercial District, to IL,
Light Industrial 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 5th day of December 2006.
This ordinance was advertised in the Press -Journal on the 21st day of November 2006,
for a public hearing to be held on the 5th day of December 2006, at which time it was moved for
adoption by Commissioner Fl escher , seconded by
Commissioner Bowden , and adopted by the following vote:
Gary C. Wheeler, Chairman
Aye
Sandra L. Bowden, Vice Chairman
Aye
Wesley S. Davis, Commissioner
Aye
Peter D. O'Bryan, Commissioner
Aye
Joseph E. Flescher, Commissioner
Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN _ -RIVER COUNTY!
BY:
ry C. Wheeler; Chairman
ATTEST BY: eamd� V Jaw
pdL; Jeffrey K. Barton, Clerk
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ORDINANCE NO. 2006- 041
This ordinance was filed with the Department of State on the following
date: DEC 13 2006
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
FACommunity Development\Users\LONG RANGE\Rzon\Bill Marine\Rezoning Ordinance - Bill Marine.doc
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