HomeMy WebLinkAbout2004-024ORDINANCE NO. 2004- 024
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 81
ACRES LOCATED SOUTH OF 16TH STREET AND 1300 FEET EAST OF 98TH AVENUE,
FROM RM -3, MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE), TO
RM -6, MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), AND
PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on
such matters, has held a public hearing and subsequently made a recommendation regarding this
rezoning request; and
WHEREAS, the Board of County Commissioners of Indian River County, Florida, did
publish and send its Notice of Intent to rezone the hereinafter described property; and
WHEREAS, on December 16, 2003, the Board of County Commissioners held a public
hearing pursuant to this rezoning request, and approved rezoning the hereinafter described property
from A-1; Agricultural -1 District (up to 1 unit/5 acres), to RM -3, Multiple -Family Residential
District (up to 3 units/acre); and
WHEREAS, on January 14, 2004, a Petition for a Writ Certiorari was filed in Circuit Court
seeking judicial determination of entitlement for the requested RM -6 zoning as a matter of law; and
WHEREAS, the parties have made settlement proposals which are agreeable to both parties;
and
WHEREAS, the Board of County Commissioners has determined that this rezoning is in
conformance with the Comprehensive Plan of Indian River County; and
WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this
rezoning request, at which parties in interest and citizens were heard;
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ORDINANCE NO. 2004- 024
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian
River County, Florida, that the zoning of the following described property situated in Indian River
County, Florida, to -wit:
TRACTS 3, 6, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE
LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY SUBDIVISION,
AS BEING RECORDED IN PLAT BOOK 2, PAGE 25, ST. LUCIE COUNTY, FLORIDA. SAID
LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY FLORIDA. CONTAINING 81
ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY
OF RECORD.
is changed from RM -3, Multiple -Family Residential. District (up to 3 units/acre), to RM -6,
Family Residential Residential District (up to 6 units/acre).
All with the meaning and intent and as set forth and described in said Land Development
Regulations.
This ordinance shall become effective upon filing with the Department of State.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 10th day of August, 2004.
This ordinance was advertised in the Press -Journal on the 28th day of July, 2004 for a
public hearing to be held on the 10th day of August, 2004, at which time it was moved for adoption
by Commissioner Macht , seconded by Commissioner Adams , and adopted
by the following vote:
Chairman Caroline D. Ginn
Vice -Chairman Arthur R. Neuberger
Commissioner Kenneth R. Macht
Commissioner Thomas S Lowther
Commissioner Fran B. Adams
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Absent
Aye
Aye
Nay
Aye
ORDINANCE NO. 2004- 024
BOARD OF COUNTY COMMISSIONERS'}
OF INDIAN RIVER COUNTY
Arthur R. 'Ne.
ATTEST BY
Jeffrey K. Barton,,Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
orgh
William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
r
Robert M. Keating, AIC
ment Director
F:\Community DevelopmentUUsers\LONG RANGE\Rzon\Pro Golf Petrus\Ordinance Petrus Veros.doc
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