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ORDINANCE NO. 2002- 029 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING <br />ORDINANCE 2001-036 BY DELETING THE ZONING REVERTER <br />CLAUSE FOR PROPERTY KNOWN AS "THE COLONY, P D " <br />CONSISTING OF APPROXIMATELY 297 ACRES OF LAND <br />GENERALLY LOCATED BETWEEN 13TH STREET SW ON THE <br />NORTH, 17TH STREET SW ON THE SOUTH, 27TH AVENUE ON THE <br />EAST, AND 43RD AVENUE ON THE WEST; PROVIDING FOR <br />SEVERABILITY AND EFFECTIVE DATE. <br />WHEREAS, the Board of County Commissioners of Indian River County, Florida, did adopt <br />Ordinance 2001-036 on December 11, 2001, which ordinance amended the zoning ordinance <br />extending the zoning reverter from December 31, 2001 to December 31, 2002 for approximately 297 <br />acres of land generally located between 13th Street SW on the North, 17th Street SW on the South, <br />27th Avenue on the East, and 43rd Avenue on the West; and <br />WHEREAS, Ordinance 2001-036 provided that the said zoning would revert to RS -3 on <br />December 31, 2002, unless a land development permit for all or any portion of the project has been <br />issued prior to that date; and <br />WHEREAS, the said reverter provision was adopted at the request of the developer, and not <br />as a requirement of the land development code; and <br />WHEREAS, the developer has requested the reverter date be deleted; and <br />WHEREAS, the Board finds that it would not be adverse to the public interest to grant the <br />extension requested by the developer; <br />NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian <br />River County, Florida, that: <br />The Zoning of the property situated in Indian River County, and <br />legally described in EXHIBIT A (attached) be changed from RS -3 to <br />PD, residential and that the PD conceptual plan (see EXHIBIT B, <br />attached) will control and regulate development of the subject land. <br />Said rezoning shall revert to RS 3 on December 31, 2002, unless a <br />• <br />• <br />If any section, sentence, clause, or phrase of this ordinance is held to be invalid or <br />unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the <br />validity of the remaining portions of this ordinance. <br />NOVEMBER 12, 2002 <br />58 <br />