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ORDINANCE NO. 2014- 01 L AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RM -10, RESIDENTIAL MULTI -FAMILY (UP TO 10 UNITS/ACRE), TO PDMXD, PLANNED DEVELOPMENT MIXED USE DISTRICT, FOR APPROXIMATELY 3.32 ACRES OF LAND GENERALLY LOCATED ON THE SOUTHEAST CORNER OF 45TH STREET AND 43RD AVENUE AND DESCRIBED HEREIN AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, 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 determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; 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; 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: LEGAL DESCRIPTION: (ENTIRE PARCEL) THE EAST 565 FEET OF THE WEST 600 FEET OF THE NORTH 316.12 FEET OF TRACT 4 OF SECTION 27, TOWNSHIP 32 SOUTH, RANGE 39 EAST OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 60 FEET FOR CANAL RIGHT OF WAY AND 45TH STREET, ALL ACCORDING TO THE PLAT OF INDIAN RIVER FARMS COMPANY, AS FILED IN ST. LUCIE COUNTY, FLORIDA IN PLAT BOOK 2, PAGE 25; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. is changed from RM -10, Residential Multi -Family (up to 10 units/acre), to PDMXD, Planned Development Mixed Use District, with the general project layout as depicted in the attached conceptual PD plan and public benefits (Exhibit "A"). The uses allowed shall be limited to the residential uses allowed in the RM -10 District as listed in the use table in section 911.08 by the approval process specified in the same table, commercial uses shall be allowed consistent with the Mixed Use PD criteria in section 915.20, with the added restriction that commercial uses are prohibited from the sale of alcoholic beverages and the consumption of alcoholic beverages on the commercial premises. If no project construction has commenced within 7 years from the approval of this ordinance, then the PD zoning of the entire site shall terminate, and the zoning of the property shall revert to RM -10. FACommunity Development\CurDev\Ordinances\2014\2014-_FamilyDollar(gifford).doc 1