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PLANNING AND ZONING COMMISSION ACTION: <br />At its regular meeting of November S, 2001, the Planning and Zoning Commission voted <br />unanimously (6 - 0 ) to recommend approval to the change in the zoning reverter. <br />ANALYSIS: <br />Because no design or project parameter changes are involved in the request, no project plan <br />revisions are needed. Consequently, the approved conceptual and preliminary PD (phase I) plan <br />will be unaffected by the requested zoning reverter modification. Please find attached previous <br />staff reports to the Board regarding The Colony. Since the P.D. will remain as is, these reports <br />still accurately reflect the P.D. development plan proposal. <br />The existing zoning reverter clause reads as follows. <br />"NOW, THEREFORE, BE IT ORDAINED, by the Board of County <br />Cornmissioners of Indian River County, Florida, that the Zoning of the property <br />situated in Indian River County, and legally described in EXIMIT A (attached) <br />be changed from RS -3 to PD, residential and that the PD conceptual plan (see <br />EXHIBIT B, attached) will control and regulate development on the subject land. <br />Said zoning shall revert to RS -3 on December 31, 2001, unless a land <br />development for all or any portion of the project has been issued prior to that <br />date." <br />The proposed reverter ordinance reads as follows with the deleted language in strike -through and <br />the added language underlined: <br />"NOW, THEREFORE, BE IT ORDAINED, by the Board of County <br />Commissioners of Indian River County, Florida, that the Zoning of the property <br />situated in Indian River County, and legally described in EXHIBIT A (attached) <br />be changed from RS -3 to PD, residential and that the PD conceptual plan (see <br />EXHIBIT B, attached) will control and regulate development of the subject land_ <br />Said rezoning shall revert to RS -3 on D-esernber�-3 ? � December 31" 2002, <br />unless a land development permit for all or any portion of the project has been <br />issued prior to that date. <br />The applicant has already applied for a land development permit, and there is a possibility that <br />the permit will be issued prior to December 31, 2001, thereby eliminating the need for the <br />reverter date modification. Because LDP issuance is uncertain, the applicant has proceeded with <br />this request. Initially, the applicant requested a 6 month extension of the reverter to June 30`n <br />2002. After considering the time-consuming process involved with changing the reverter, <br />however, staff agreed to a one year extension to ensure that the applicant has more than enough <br />time to meet his pennitting obligations. <br />The one year reverter extension amounts to a one year extension of the project approval. Such <br />extensions are routinely granted by the Board for site plan approvals. Because the extension <br />poses no adverse impacts and will allow an approved project to go forward, staff supports the <br />request. <br />RECOMMENDATION <br />Based on the analysis, staff recommends that the Board of County Commissioners grant approval <br />to modify the Colony PD zoning ordinance to extend the zoning reverter date from December 317 <br />2001 to December 3l, 2002. <br />December 11, 2001 <br />32 <br />-) <br />I.'�a i ' <br />