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Home My WebLink About2004-022ORDINANCE NO. 2004- 022 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 1.98 ACRES LOCATED AT THE SOUTHWEST CORNER OF U.S.1 AND THE ST. SEBASTIAN RIVER, FROM CL, LIMITED 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 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: LOTS 1, 2, 3, AND THE EAST 25 FEET OF LOT 4, BLOCK A, ERCILDOUNE HEIGHTS SUBDIVISION No.1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 74, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, TOGETHER WITH ALL RIPARIAN RIGHTS AND THAT PART OF SUBMERGED LANDS DESCRIBED IN ORB 210, PAGE 665 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA LYING ADJACENT TO SAID LOTS 1 THRU 3 AND THE EAST 25 FEET OF LOT 4 BLOCK A. Page 1 of 3 ORDINANCE NO. 2004- 022 SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD. CONTAINING 1.98 ACRES, MORE OR LESS. is changed from CL, Limited Commercial District, to OCR, Office, Commercial, Residential District All with the meaning and intent and 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 20th day of July, 2004. This ordinance was advertised in the Press -Journal on the 7th day of July, 2004, for a public hearing to be held on the 20th day of July, 2004, at which time it was moved for adoption by Commissioner Macht , seconded by Commissioner _Neuberger , and adopted by the following vote: Chairman Caroline D. Ginn Vice -Chairman Arthur R. Neuberger Commissioner Kenneth R. Macht Commissioner Thomas S Lowther Commissioner Fran B. Adams Aye Aye Aye Aye Paye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Carohnt-•D. Ginn; Chairman • • ATTEST BY:'%W` fitoit).,c- ` Jeffrey. .. Barton, Cl Page 2of3 ORDINANCE NO. 2004- 022 This ordinance was filed with the Department of State on the following date: �2 oaf, APPROVED AS TO FORM AND LEGAL SUFFICIENCY ei51.Q.4;f4 William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Ro.ert M. Keating, AICP; ommunity 0 evelopment Director F:\Community Development\Users\LONG RANGE\Rzon\Waterfront Dev. of Seb\Ordinance Waterfront.doc Page 3 of 3 1562748 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1762 PG: 1148, 07/22/2004 02:47 PM or Prepared by and retum to: Name: Bruce D. Barkett, Esquire Address: Collins, Brown, Caldwell Barkett & Garavaglia, Chartered 956 Beachland Boulevard Vero Beach, FL 32963 Tele: (772)231-4343 DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT by Waterfront Development Of Sebastian, LLC a Florida Limited Liability Company, ("Owner"), in favor of Indian River County, a political subdivision of the State of Florida, ("County"). WITNESSETH•. WHEREAS, Owner holds fee simple title to certain property in the County which property is referred to as the Waterfront Development Property (the "Property") and legally described as follows: Lots 1, 2, 3, and the East 25 ft. of Lot 4, Block A, Ercildoune Heights No.1, according to the plat thereof, as recorded in Plat Book 3, Page 74, Public Records of Indian River County, Florida, together with that part of submerged lands described in Official Records Book 210, Page 665, Public Records of Indian River County, Florida, lying adjacent to said Lots 1-3 and the East 25 ft. of Lot 4, Block A and; WHEREAS, the Waterfront Development Property is designated C/I (Commercial/Industrial) on the County's Land Use Plan; and WHEREAS, the Owner is presently the applicant before the County for rezoning of the Property to OCR (Office Commercial Residential), which zoning is permitted within the land use designation; and WHEREAS, the Owner desires to make a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Declaration. NOW, THEREFORE, in consideration of the foregoing, the Owner hereby agrees and declares as follows: BK: 1762 PG: 1149 • • 1. That the above recitals are true and are incorporated herein by reference. 2. The Owner hereby declares and voluntarily covenants and agrees that notwithstanding the OCR zoning of the Property, the following restrictions shall apply to any development of the Property: (a) Lots 2 and 3, Block A, Ercildoune Heights Subdivision, according to the plat thereof as recorded in Plat Book 3, Page 74, Public Records of Indian River County, Florida, shall be used only for single-family residential dwellings and for no other purpose. No multi -family, business or commercial structure may be erected on Lots 2 and 3. 3 Amendment and Modification. This Declaration of Restrictive Covenants may only be modified, amended or released as to any portion of the Property by a written instrument executed by the owner of the fee simple title to the Property to be affected by such modification, amendment or release, providing that the same has been approved by proper application and approval of the Board of County Commissioners or then governing body. 4. Term of Covenant. This voluntary covenant on the part of Owner shall run with the land and remain in full force and effect and shall be binding upon Owner, its successors and assigns, unless modified, amended or released. 5. Inspection and Enforcement. It is understood and agreed that any employee of the County shall have the right to inspect at reasonable times to determine whether the Owner is in compliance with the conditions of the Declaration. The County shall have the right to enforce this Declaration of Restrictive Covenants at law or at equity. The prevailing party in any action or suit to enforce this Declaration shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any remedies available under law. 6. ,Severability. Invalidation of any one of these covenants by BK: 1762 PG: 1150 judgment of a court of competent jurisdiction shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 7. Recording. This Declaration shall be filed of record among the Public Records of Indian River County, Florida at the cost of the Owner and a recorded copy given to the County within 30 days of its recording. 8. Effective Date. If the County approves the application of the Owner for the rezoning of the Property, as set forth above, and after said approval has become final and nonappealable, this instrument shall constitute a covenant running with the title to the Property and be binding upon the Owner, its successors and assigns. IN WITHNESS�WHEREOF, the undersigned has executed this Declaration on this Jam/'' day of -747-11--"/ , 2004. Signed, sealed and delivered in the in the presence of Signature At -ear q pat- erVFo. 48 Printed Name Signature -aoAc r({ Y0:40Afi Printed Name WATERFRONT DEVELOPMENT OF SEBASTIAN, LLC a Florida Limited Liability Company By: Date: 0 Lg, 715 43:r 00Y BK: 1762 PG: 1151 STATE OF FLORIDA • COUNTY OF INDIAN RIVER : SS. I HEREBY CERTIFY that on this day, be ore me, an officer duly qualified to take acknowledgements, personally appeared ---/PRileir, as /y tibrawa(►itniKpWATERFRONT DEVELOPMENT OF SEBASTIAN, LLC a Florida Limited Liability Company, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same. TNES hand and official seal in the County and State last aforesaid this /9 day of , 2004. Signaturedraulte of Notary tary%icer Notarial Seal (stamped in black