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• <br />ORDINANCE NO. 2004- 029 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING <br />ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 160 <br />ACRES LOCATED AT THE NORTHEAST CORNER OF 8TH STREET AND 98TH AVENUE, <br />FROM RM -3, MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE), TO <br />RM -6, MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), AND <br />PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. <br />WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on <br />such matters, has held a public hearing and subsequently made a recommendation regarding this <br />rezoning request; and <br />WHEREAS, the Board of County Commissioners of Indian River County, Florida, did <br />publish and send its Notice of Intent to rezone the hereinafter described property; and <br />WHEREAS, on December 16, 2003, the Board of County Commissioners held a public <br />hearing pursuant to this rezoning request, and approved rezoning the hereinafter described property <br />from A-1, Agricultural -1 District (up to 1 unit/5 acres), to RM -3, Multiple -Family Residential <br />District (up to 3 units/acre); and <br />WHEREAS, on January 14, 2004, a Petition fora Writ Certiorari was filed in Circuit Court <br />seeking judicial determination of entitlement for the requested RM -6 zoning as a matter of law; and <br />WHEREAS, the parties have made settlement proposals which are agreeable to both parties; <br />and <br />WHEREAS, the Board of County Commissioners has determined that this rezoning is in <br />conformance with the Comprehensive Plan of Indian River County; and <br />WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this <br />rezoning request, at which parties in interest and citizens were heard; <br />Page 1 of 3 <br />