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Home My WebLink About2006-021i f ORDINANCE NO. 2006- 021 AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CG, GENERAL COMMERCIAL, TO PD, PLANNED DEVELOPMENT COMMERCIAL, FOR APPROXIMATELY 1.51 ACRES AND MODIFYING THE EXISTING PD COMMERCIAL ZONING DISTRICT, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF 58TH AVENUE AND S.R. 60; PROVIDING FOR 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 considered 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, 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; 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: A PORTION OF "A REPLAT AND ADDITION TO THE WAL-MART AT VERO BEACH", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15, PAGE 5, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Together with: A PORTION OF TRACT 12, SECTION 4, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO., AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING IN INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY MOST CORNER OF TRACT "C", A REPLAT AND ADDITION TO THE WAL-MART AT VERO BEACH, AS RECORDED IN PLAT BOOK 15, PAGES 5 AND 5A, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN NORTH 00017'54" EAST, ALONG THE WESTERLY LINE OF SAID TRACT "C", A DISTANCE OF 514.01 FEET FOR A POINT OF BEGINNING; THENCE NORTH 89'06'10" WEST, A DISTANCE OF 272.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF 58TH AVENUE; THENCE RUN THE FOLLOWING THREE COURSES ALONG SAID EAST RIGHT- OF-WAY LINE: NORTH 000 17'54" EAST, A DISTANCE OF 74.03 FEET; SOUTH 89°06'07" EAST, A DISTANCE OF 4.00 FEET; NORTH 00'1 T54" EAST, A DISTANCE OF 170.97 FEET TO THE AFORESAID WESTERLY LINE OF TRACT "C"; THENCE SOUTH 89°06'10" EAST, ALONG SAID WESTERLY LINE OF TRACT "C", A DISTANCE OF 268.00 FEET; THENCE SOUTH 00017'54" WEST, ALONG SAID WESTERLY LINE OF TRACT "C", A DISTANCE OF 245.00 FEET TO THE POINT OF BEGINNING. FACommunity Development\Users\CurDev\ORDINANCE\2006\Sam's club Pd ordinance.rtf 1 ORDINANCE NO. 2006- 021 is changed from PD, Planned Development Commercial, and CG, General Commercial, to PD, Planned Development Commercial, with the layout as depicted in the attached conceptual PD plan and the list of design waivers and public benefits (exhibit A). This PD zoning district shall terminate on July 18, 2009, if all conditions of the approval are not satisfied by that date. In such case, the zoning of the subject property shall revert to the PD zoning district in place prior to July 18, 2006. 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 18th day of July, 2006. This ordinance, was advertised in the Press -Journal on the 1St day of July, 2006, for a public hearing to be held _on the 18th day of July, 2006, at which time it was moved for adoption by Commissioner wheeler , seconded by Commissioner Neuberger _, and adopted by the following vote: Chairman Arthur R. Neuberger Vice Chairman Gary C. Wheeler Commissioner Sandra L. Bowden Aye Nay Commissioner Thomas S. Lowther Nay Commissioner Wesley S. Davis Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER CQtJNTY BY: )�fi f I A 1A__ Rk_J Arthur R. Neu rger, Chai a ATTEST BY:C. �F ?ffrey. Barton, Clerk ` I&/ J. Caf rd This ordinance was filed with the Department of State on the following date: JUL 2 4 2006 APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins' 11, County Attorney AS TO PLANNING MATTERS ert M. Keating, t Director FACommunity Development\Users\CurDev\ORDINANCE\2006\Sam's club Pd ordinance.rtf 2 EXHIBIT "A" The following is a list of the public benefits/trade=offs for the PD: • 58th Avenue Right -of -Way Dedication: The applicant will dedicate without compensation an additional 35' of property for 58th Avenue right -of --way to facilitate the intersection improvements. • Improve Internal Circulation: The applicant will provide two driveway interconnections to the Walgreen's site, which will improve the internal circulation. A public access easement for these driveways will need to be established prior to or via the final plat. • Disaster Recovery Fueling: Generally, the fueling facility will be open to Sam's Club members only. The facility, however, will be equipped with a generator for use in emergencies, and Sam's has committed to opening the facility to the general public during the recovery stage after disasters. • 58th Avenue/SR60 Intersection Contribution: The applicant will deed land to Walgreen's without compensation for replacement parking to facilitate the 58th Avenue/SR60 intersection improvements. • The site's signage and landscaping will be upgraded to meet or exceed the SR60 Corridor plan. Aspect CL/CG Districts Existing PD District Proposed PD District Use(s) Retail uses; restaurants; Retail shopping center, Retail shopping center, automotive sales & department stores, auto department stores, auto service; personnel tire & lubrication tire & lubrication services, motel & hotel services services, and fuel sales (CL district requires that accessory to a dept. stores not exceed membership club 40,000 sq. ft. in size) Maximum Bldg. 30% of site 319,810 sq. ft or 336,002 sq. ft. or Coverage 18.76% of site 19.23% of site Minimum Green Open 25% of site 25% of site 30% of the expanded Space site Maximum Bldg. Height 35' 30' 30' Building Setbacks 25' front and rear; 10 Varies from 550' (front) Varies from 208' (front) side to 41' (rear) to 41' (rear) Landscape Buffers: a. North side (SR60): 10' wide landscape strip 30' to 40' wide Type 30' to 40' wide Type between SR60 & "C" buffer "C" buffer & upgraded parking spaces (along with SR60 landscape north side) b. Southside (along 4' wide landscape strip 25' wide Type `B" 25' wide Type `B" canal): buffer & perimeter 8' buffer & perimeter 8' high concrete panel wall high concrete panel wall c. Along east & west 4' wide landscape strip 4' wide landscape strip 4' wide landscape strip adjacent to other commercial properties: d. Parking lot "interior 10% of 12% 12% area" landscape area: parking/driveway area FACommunity Development\Users\CurDev\ORDINANCE\2006\Sam's Exhibit A.doc NORTN i of U z a w H i Lililiiiitn miii mimn ;, 17Q�IF TI �Ml�IIIIIU uiiiInli1T-1 U y TIT i niiiiinuiJlini mkn n_nllimiln I U111I11I11I1I1 uffmIIU UUilliIm—u g t _ U fllllllllllllllllfl U U IIII11lIlIII'LJ I� - p � - - LL U ll LJ 1111111 LL LJ LJ LL, ' LL ll LJ LJ 1J ':: ° i / I kl,l. — ; C (T I 111 I I I I 1 I I 1 kla I, 11 I l l s, .,_.i I l I,I I;� I A I I 1 fl',�� I I' 0 0 L� +a! 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