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HomeMy WebLinkAbout2002-029ORDINANCE NO. 2002- 029 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE 2001-036 BY DELETING THE ZONING REVERTER CLAUSE FOR PROPERTY KNOWN AS "THE COLONY, P.D." CONSISTING OF APPROXIMATELY 297 ACRES OF LAND GENERALLY LOCATED BETWEEN 13TH STREET SW ON THE NORTH, 17TH STREET SW ON THE SOUTH, 27TH AVENUE ON THE EAST, AND 43RD AVENUE ON THE WEST; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County, Florida, did adopt Ordinance 2001-036 on December 11, 2001, which ordinance amended the zoning ordinance extending the zoning reverter from December 31, 2001 to December 31, 2002 for approximately 297 acres of land generally located between 13th Street SW on the North, 17th Street SW on the South, 27th Avenue on the East, and 43rd Avenue on the West; and WHEREAS, Ordinance 2001-036 provided that the said zoning would revert to RS -3 on December 31, 2002, unless a land development permit for all or any portion of the project has been issued prior to that date; and WHEREAS, the said reverter provision was adopted at the request of the developer, and not as a requirement of the land development code; and WHEREAS, the developer has requested the reverter date be deleted; and WHEREAS, the Board finds that it would not be adverse to the public interest to grant the extension requested by the developer; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: The Zoning of the property situated in Indian River County, and legally described in EXHIBIT A (attached) be changed from RS -3 to PD, residential and that the PD conceptual plan (see EXHIBIT B, attached) will control and regulate development of the subject land. CODING: Words stmek Mfougl� are deletions; words underlined are additions. \\FILESERVER\PUBLIC\Community Develot)ment\Users\CurDev\ORDINANCE\ordinance-ire-colony 2002.doc ORDINANCE NO.2002- 029 If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Vero Beach Press Journal on the 16th day of October , 2002, for a public hearing to be held on the 12tfay of November , 2002, at which time it was moved for adoption by Commissioner Ginn seconded by Commissioner Ti ppi n , and adopted by the following vote; The ordinance was adopted by a vote of Chairman Ruth M. Stanbridge Aye .. Vice Chairman John MW^ woo Aye to AS A mr2warnTarom If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Vero Beach Press Journal on the 16th day of October , 2002, for a public hearing to be held on the 12tfay of November , 2002, at which time it was moved for adoption by Commissioner Ginn seconded by Commissioner Ti ppi n , and adopted by the following vote; The ordinance was adopted by a vote of Chairman Ruth M. Stanbridge Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the ordinance duly passed and adopted this 12th day of November. , 2002. 4, VIPti It BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Attest J`r Barioi, Clerk By: B Ruth M. Stanbridge, Chairing DepuYyClerk h - -x; °. to- go - OPT :�b I At ::..I it .. .. CODING: Words stmokuffeug are deletions; words underlined are additions. \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDINANCE\ordinance-irc-colony 2002.doc Vice Chairman John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the ordinance duly passed and adopted this 12th day of November. , 2002. 4, VIPti It BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Attest J`r Barioi, Clerk By: B Ruth M. Stanbridge, Chairing DepuYyClerk h - -x; °. to- go - OPT :�b I At ::..I it .. .. CODING: Words stmokuffeug are deletions; words underlined are additions. \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDINANCE\ordinance-irc-colony 2002.doc William G. Collins Deputy County Attorney ORDINANCE NO, 2002- 029 The foregoing instrument was acknowledged before me on this 11-12-02 by Ruth M. Stanbridge as Chairman of the Board of County Commissioners of Indian River County, Florida, and by P J Jones , as Deputy Clerk, of the Board of County Commissioners of Indian River County, Florida, who are personally known to me Kimberly E. Massung MY COMMISSION # CC855436 EXPIRES July 15, 2003 BONDED THRU TROY FAIN INSURANCE INC Effective upon filing with the Department of State. Notary Public ke,2!h" t g t-� Printed N e: 1',,.,., b J E. M ass4n Commission No.: CC 85 #34P Commission Expiration: " /S', a.t 0 3 This ordinance was filed with the Department of State on the following date: CODING: Words stfuev g are deletions; words underlined are additions. FACommunity Development\Users\Curuev\ORDINANCE\ordinance-irc-colony 2002.doc