HomeMy WebLinkAbout2012-133 io • �4. 1
INDIAN RIVER COUNTY, FLORIDA , ` /33
BOARD OF COUNTY COMMISSIONERS
IN RE :
Application by The Pelican Island Audubon
Society Incorporated for Special Exception Use
Approval for a Community Center
[2011090022 - 67944/ SP -MA- l2 - O5 - 09 ]
ORDER ON APPLICATION FOR SPECIAL EXCEPTION USE APPROVAL
On February 28 , 2012 , The Pelican Island Audubon Society Incorporated filed an application
for special exception use approval for a community center to be constructed on the south side of Oslo
Road , east of US 1 . The facility is proposed to be constructed on property zoned RM - 6 (Residential
Multi-Family up to 6 units per acre) , a zoning district in which community centers are allowed as
a
special exception use . On May 31 , 2012 , the Planning and Zoning Commission voted 6
— 0 to
recommend approval of the special exception use , subject to certain conditions .
The matter came before the Board of County Commissioners in a quasi judicial hearing on July
103 2012 . Each Commissioner disclosed any ex parte communications , site visits or other
investigations , and confirmed that he had an open mind and was able to base his decision
on the
evidence presented and applicable law .
Witnesses were sworn , evidence was presented , parties were afforded the opportunity for cross -
examination, and Commissioners were afforded the opportunity to ask questions . The County
Attorney advised the Board with respect to legal matters .
On the basis of the evidence presented and applicable law, the Board voted (3 — 2) to make the
following findings and to approve the application for special exception use :
1 . The Board is empowered under the provisions of Chapter 971 of the IRC Code to
review the special exception use application ;
2 . The granting of the special exception use will not adversely affect the public interest ;
3 . The application satisfies the general and specific criteria required for special exception
use approval ; and
4 . The following conditions are adequate to ensure compatibility between the special
exception use and surrounding land uses :
a. Prior to the issuance of a land clearing and tree removal permit , the applicant
shall provide a final tree mitigation plan acceptable to the County ' s Environmental Planning
staff, and
b . Prior to issuance of a certificate of occupancy , the applicant shall (i) construct a
Type "B " buffer as depicted on the project site plan , (ii ) construct or bond- out for construction
the required sidewalk along the project ' s Oslo Road frontage , as depicted on the project site
plan, and (iii ) plant all on- site and off- site mitigation trees as indicated on the approved
tree
mitigation plan .
Accordingly, it is hereby ordered by the Indian River County Board of County Commissioners
that the application for special exception use is approved, subject to the conditions outlined above .
DONE AND ORDERED this 10th day of July , 2012 .
ATTEST : Jeffrey R . Smith, INDIAN RIVER COUNTY , FLORIDA ,
Clerk of Court and Comptroller BOARD OF COUNTY COMMISSIONERS
By ; �,;. � ,. . - By : e
Deputy Clerk Gary C .7heeler, Chairman
Date filed with Clerk of Court : " W ., .
�JOMMISSJr
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2012 . o . , l • �'s
09
Copy furnished to : The Pelican Island Audubon Society Incorporated
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