HomeMy WebLinkAbout2007-002ORDINANCE NO. 2007- 002
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ± 1.81 ACRES
LOCATED ON THE SOUTHEAST QUADRANT OF THE INTERSECTION OF
U.S.HIGHWAY 1 AND 45TH STREET, FROM CH, HEAVY COMMERCIAL 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; 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 33 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA, WHICH IS MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
FROM A POINT OF BEGINNING LYING 420.00 FEET WEST AND 387.38 FEET SOUTH
OF THE NORTHEAST CORNER OF THE NORTHWEST '/4; RUN WEST AND PARALLEL
TO THE NORTH LINE OF SECTION 26 A DISTANCE OF 208.53 FEET TO THE EAST
RIGHT OF WAY (R/W) LINE OF US HIGHWAY #1; THENCE NORTH 11°57'00" WEST
ALONG SAID R/W 314.15 FEET TO A POINT OF RADIAL TURN ON N. GIFFORD ROAD;
THENCE ALONG THE ARC OF CURVE HAVING A RADIUS OF 25.00 FEET AND
CONCAVE TO THE EAST A DISTANCE OF 44.57 FEET TO THE END OF SAID RADIAL
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ORDINANCE NO. 2007- 002
RETURN ARC; THENCE NORTH 25.00 FEET TO THE SOUTH R/W OF A 50.00 FOOT
R/W OF N. GIFFORD ROAD; THENCE SOUTH 89°48'44" EAST 248.37 FEET; THENCE
SOUTH 362.38 FEET TO THE POINT OF BEGINNING, LESS A PORTION FOR
ADDITIONAL R/W AS IN O.R. BOOK 986, PAGE 831.
LESS AND EXCEPT PORTION:
(RECORDED IN OFFICIAL RECORDS BOOK 386, PAGE 831
INDIAN RIVER COUNTY, FLORIDA PUBLIC RECORDS)
A PARCEL OF LAND FOR ROAD RIGHT OF WAY LYING WITHIN AND BEING PART
OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF
SECTION 26, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A CONCRETE MONUMENT MARKING THE NORTHEAST CORNER
OF THE SAID NORTHWEST ONE-QUARTER OF SECTION 26, THENCE RUN NORTH
89046'07" WEST ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER, A
DISTANCE OF 419.06 FEET (CALL.); THENCE SOUTH 0°11'24" EAST, A DISTANCE OF
25.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF 45TH STREET
(PER DEED RIGHT OF WAY) AND THE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 0011'24" EAST A DISTANCE OF 35.00 FEET; THENCE NORTH
89046'07" WEST A DISTANCE OF 252.49 FEET; THENCE SOUTH 45°34'04" WEST, A
DISTANCE 28.92 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF
STATE ROAD #5 (AKA US 1, A 120 FOOT RIGHT OF WAY AS NOW ESTABLISHED);
THENCE NORTH 12004'12" WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, A
DISTANCE OF 4.20 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE
TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET AND A DELTA ANGLE OF
102018'05" (CALL.), SAID CURVE BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 39004'50" EAST, A DISTANCE OF 38.94 FEET; THENCE NORTHEASTERLY
ALONG SAID ARC, A DISTANCE OF 44.64 FEET TO A POINT ON SAID CURVE;
THENCE NORTH 0013'53" EAST, A DISTANCE OF 25.00 FEET TO THE
AFOREMENTIONED SOUTHERLY RIGHT OF WAY LINE OF 45TH STREET; THENCE
SOUTH 89046'07" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A
DISTANCE OF 248.37 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 1.81 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY
OF RECORD.
is changed from CH, Heavy Commercial District, to CG, General Commercial District.
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ORDINANCE NO. 2007- 002
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 6th day of February 2007.
This ordinance was advertised in the Press -Journal on the 22nd day of January 2007,
for a public hearing to be held on the 6th day of February 2007, at which time it was moved for
adoption by Commissioner Davis , seconded by
Commissioner Wheel er , 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: C
Ga C. Wheeler, Chairman
ATTEST BY: ly
/CaR. Jeffrey K. Barton, Clerk
This ordinance was filed with the Department of State on the following
date: C -e b� •A A Yy 11�. 200�-
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
AS TO PLANNING MATTERS
Keating, AICP; Community DevyElopment Director
FACommunity Development\Users\LONG RANGE\Rzokyro 45 LLC\Ordinance - rezoning Vero 45.doc
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