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HomeMy WebLinkAbout2010-012ORDINANCE NO. 2010- 012 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND ZONING MAP FOR ± 1.05 ACRES LOCATED AT THE SOUTHWEST CORNER OF 10TH LANE AND OLD DIXIE HIGHWAY, VERO BEACH, FROM RM -6, MULTI FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), TO CL, LIMITED 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: BEGINNING AT THE NORTHEAST CORNER OF TRACT 14, REPLAT OF RIDGEWOOD SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 39, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY SOUTH 19021'42" EAST A DISTANCE OF 301.94 FEET; THENCE NORTH 89055'33" WEST A DISTANCE OF 187.43 FEET; THENCE NORTH 00003'02" EAST TO A POINT ON THE SOUTH LINE OF TRACT 13 OF SAID RIDGEWOOD SUBDIVISION A DISTANCE OF 105.55 FEET; THENCE TO THE SOUTHEAST CORNER OF SAID TRACT 14 NORTH 24019'45" WEST A DISTANCE OF 88.32 FEET; THENCE ALONG THE WEST LINE OF SAID TRACT 14 NORTH 18°56'30" 1 of 3 ORDINANCE NO. 2010- 012 WEST TO THE SOUTH RIGHT-OF-WAY LINE OF 10TH LANE A DISTANCE OF 105.68 FEET; THENCE ALONG SAID SOUTH RIGH -OF -WAY SOUTH 89030120" EAST A DISTANCE OF 157.93 FEET TO THE PLACE AND POINT OF BEGINNING. CONTAINING 1.05 ACRES MORE OR LESS. SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS, IF ANY. is changed from RM -6, Multi Family Residential District (up to 6 units/acre), to CL, Limited Commercial District. All with the meaning and intent and as set forth and described in said Land Development Regulations. Unless the companion land use amendment ordinance is challenged, this ordinance shall become effective July 8, 2010. If challenged, the effective date of this ordinance, and therefore, this rezoning request, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184, Florida Statutes, whichever occurs earlier. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 8th day of June, 2010. This ordinance was advertised in the Press -Journal on the 24th day of May, 2010, for a public hearing to be held on the Bch day of June, 2010, at which time it was moved for adoption by Commissioner Davi s , seconded by Commissioner F1 escher , and adopted by the following vote: Peter D. O'Bryan, Chairman Aye Bob Solari, Vice Chairman Aye Gary C. Wheeler, Commissioner Aye Wesley S. Davis, Commissioner Aye Joseph E. Flescher, Commissioner Aye COM,N• . BOARD OF COUNTY COMMISSIONERSi�'�P� OF INDIAN RIVER COUNTY m ... •. • 2 of 3 ORDINANCE NO. 2010- 012 Peter D. O'Bryan, Chairman ATTEST BY: - c' . Jeffrey K. Barton, Clerk Acknowledgment by the Department of State of the State of Florida this _day of , 2010 Acknowledgment by the Department of State received on this day of , 2010, at A.M./P.M. and filed in the office of the Clerk of the Board of the County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY Alan S. Polachwich, County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP Community Development Director FACommunity Development\Comprehensive Plan Land Use Amendments\SMALL SCALE AMENDMENTS\Lazy J LLC\Ordinance REZONE.doc 3 of 3