3/28/2019 12:48:10 PM
10/5/2015 9:56:40 AM
Agenda Item Number
Family Dollar 45th St. & 43rd Ave.
Hutton Growth One
Planned Development Mixed Use District
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ORDINANCE NO. 2014- 01 L <br />AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, AMENDING THE ZONING <br />ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RM -10, RESIDENTIAL <br />MULTI -FAMILY (UP TO 10 UNITS/ACRE), TO PDMXD, PLANNED DEVELOPMENT <br />MIXED USE DISTRICT, FOR APPROXIMATELY 3.32 ACRES OF LAND GENERALLY <br />LOCATED ON THE SOUTHEAST CORNER OF 45TH STREET AND 43RD AVENUE AND <br />DESCRIBED HEREIN AND PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such <br />matters, held a public hearing and subsequently considered this rezoning request; and <br />WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish <br />and send its Notice of Intent to rezone the hereinafter described property; and <br />WHEREAS, the Board of County Commissioners determined that this rezoning is in <br />conformance with the Comprehensive Plan of Indian River County; and <br />WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning <br />request, at which parties in interest and citizens were heard; <br />NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian <br />River County, Florida, that the zoning of the following described property situated in Indian River <br />County, Florida, to -wit: <br />LEGAL DESCRIPTION: <br />(ENTIRE PARCEL) <br />THE EAST 565 FEET OF THE WEST 600 FEET OF THE NORTH 316.12 FEET OF <br />TRACT 4 OF SECTION 27, TOWNSHIP 32 SOUTH, RANGE 39 EAST OF THE <br />PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT <br />THE NORTH 60 FEET FOR CANAL RIGHT OF WAY AND 45TH STREET, ALL <br />ACCORDING TO THE PLAT OF INDIAN RIVER FARMS COMPANY, AS FILED IN <br />ST. LUCIE COUNTY, FLORIDA IN PLAT BOOK 2, PAGE 25; SAID LANDS NOW <br />LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. <br />is changed from RM -10, Residential Multi -Family (up to 10 units/acre), to PDMXD, Planned <br />Development Mixed Use District, with the general project layout as depicted in the attached conceptual <br />PD plan and public benefits (Exhibit "A"). The uses allowed shall be limited to the residential uses <br />allowed in the RM -10 District as listed in the use table in section 911.08 by the approval process <br />specified in the same table, commercial uses shall be allowed consistent with the Mixed Use PD criteria <br />in section 915.20, with the added restriction that commercial uses are prohibited from the sale of <br />alcoholic beverages and the consumption of alcoholic beverages on the commercial premises. If no <br />project construction has commenced within 7 years from the approval of this ordinance, then the PD <br />zoning of the entire site shall terminate, and the zoning of the property shall revert to RM -10. <br />FACommunity Development\CurDev\Ordinances\2014\2014-_FamilyDollar(gifford).doc 1 <br />
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