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HomeMy WebLinkAbout2005-027ORDINANCE NO. 2005- 027 AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CL, LIMITED COMMERCIAL, TO PD, PLANNED DEVELOPMENT, FOR APPROXIMATELY 1.78+ ACRES OF LAND GENERALLY LOCATED ON THE EAST SIDE OF US HIGHWAY ONE IN THE 8900 BLOCK AND DESCRIBED HEREIN, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently considered 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: FROM THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF PROPOSED STATE ROAD 5 AND THE NORTH BOUNDARY OF LOT 4, BLOCK 4 OF THE REPLAT OF WALLS TERRACE AS RECORDED IN THE INDIAN RIVER COUNTY, FLORIDA PUBLIC RECORDS IN PLAT BOOK 2, PAGE 46, RUN N 29° 32' W 125 FEET TO THE POINT OF BEGINNING THENCE RUN N 70° 11 E, 258.40 FEET; THENCE RUN N 02° 00' W, 250.00 FEET; THENCE RUN S 71°27' W 377.20 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF PROPOSED STATE ROAD 5; THENCE RUN 250.00 FEET TO THE POINT OF BEGINNING, LYING IN THE SOUTHEAST 'A OF THE NORTHWEST 'A OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA is changed from CL, Limited Commercial to PD, Planned Development Commercial, with the layout, allowed uses and dimensional criteria as depicted in the attached conceptual PD plan, ( exhibit A). 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 23rd day of August , 2005. This ordinance was advertised in the Press -Journal on the 8th day of August, 2005, for a public hearing to be held on the 23rd day of August, 2005, at which time it was moved for adoption by F:\Community Development\Users\CurDev\ORDINANCE\2005\Protransmaster Ordinance.rtf 1 ORDINANCE NO. 2005- 027 Commissioner Neuberger , seconded by Commissioner adopted by the following vote: Chairman Thomas S. Lowther Vice -Chairman Arthur R. Neuberger Commissioner Sandra L. Bowden Commissioner Wesley S. Davis Commissioner Gary C. Wheeler Aye Davis Aye Aye Aye Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY S Thomas S. Lowther, Chairman A'r1EST BY /%a�/-a- v rode: Jeffrey K. Barton, Cler This ordinance; wasfiledwith the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY tit4 William G. Collins II, County Attorney APPROVED AS TO PLANNING MA1'IERS Robert M. Keating, AICP; C unity De elopment Director F:\Community Development\Users\CurDev\WRDINANCE\2005Wrotransmaster Ordinance.rtf ea AUG 2t2005 and 2 EXHIBIT "A" Element CL Zoning District Proposed PD District Uses Allowed Retail, Restaurants (no drive- throughs), Office, and other uses as listed in LDR section 911.10 Same as allowed in CL with an addition* General Automotive repair facilities are a permitted use with special buffering and design. Minimum Open Space 25% 50% Setbacks 25' Front: 75' Side: 10' 12' Rear 10' 75' Aesthetic Controls Wabasso Corridor regulations apply Wabasso Corridor regulations apply, plus special PD district controls including limiting the buildings to one-story with sloped roofs. F:\Community Development\Users\CurDev\BCC\2005 BCC\Protransmaster BCC Exhibit A.rtf