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HomeMy WebLinkAbout2005-045A ORDINANCE NO. 2005- 045 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ±7.74 ACRES LOCATED NORTH OF 9TH STREET SOUTHWEST AND APPROXIMATELY 580 FEET EAST OF 43RD AVENUE, 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 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: THE SOUTH 650.00 FEET OF THE EAST 20 ACRES OF TRACT 13, SECTION 22, TOWNSHIP 33 SOUTH, RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST LUCIE COUNTY FLORIDA ; IN PLAT BOOK 2, PAGE 25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS RIGHT-OF-WAY FOR C.R. 606 (OSLO ROAD), AS DESCRIBED IN SPECIAL WARRANTY DEED DATED DECEMBER 19, 1961, AND RECORDED DECEMBER 20, 1961, IN OFFICIAL RECORDS BOOK 138, AT PAGES 371 AND 372, INCLUSIVE, AND AS Page 1 of 3 ORDINANCE NO. 2005-045 DESCRIBED IN WARRANTY DEED DATED SEPTEMBER 23, 1999, AND RECORDED SEPTEMBER 29, 1999, IN OFFICIAL RECORDS BOOK 1296, AT PAGES 2248 AND 2249, INCLUSIVE, BOTH OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. "LESS THE SOUTH 390 FEET OF THE EAST 125 FEET OF THE EAST 20 ACRES OF TRACT 13, SECTION 22, TOWNSHIP 33 SOUTH, RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER" COUNTY, FLORIDA. CONTAINING 7.74 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. 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 11th day of October, 2005. This ordinance was advertised in the Press -Journal on the 26th day of September, 2005, for a public hearing to be held on the 11th day of October, 2005, at which time it was moved for adoption by Commissioner Davi s , seconded by Commissioner Bowden and adopted by the following vote: Thomas S. Lowther, Chairman Aye Arthur R. Neuberger, Vice Chairman Aye Wesley S. Davis, Commissioner Aye Gary C. Wheeler, Commissioner Aye Sandra L. Bowden, Commissioner AyP Page 2 of 3 ORDINANCE NO. 2005-045 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Thomas S. Lowther, Chairman ATTEST BY ve Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APPROVED AS TO PLANKING MATTERS Ro u e 4 Keating, AICP; Co unity Deve ment Director F:\Community Development\Users\LONG RANGE\Rzon\Beale Holdings\Ordinance Beale.doc Page 3 of 3 =_7`2005