HomeMy WebLinkAbout2009-001ORDINANCE NO. 2009- 001
AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RM -8,
RESIDENTIAL MULTI -FAMILY (UP TO 8 UNITS/ACRE), AND RM -6, RESIDENTIAL
MULTI -FAMILY (UP TO 6 UNITS/ACRE), TO PDTND, PLANNED DEVELOPMENT
TRADITIONAL NEIGHBORHOOD DESIGN, FOR APPROXIMATELY 40.3 ACRES OF
LAND GENERALLY LOCATED ON THE SOUTH SIDE OF 26' I_I STREET BETWEEN
58"" -' AVENUE AND 66r''_'AVENUE, JUST NORTH OF THE INDIAN RIVER MALL
AND DESCRIBED HEREIN AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on
such matters, 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 determined that this rezoning is in
conformance with the Comprehensive Plan of Indian River County; and
WHEREAS, the Board of County Commissioners 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:
LEGAL DESCRIPTION:
"SITUATED IN THE NORTH 1/2 OF SECTION 5, TOWNSHIP 33 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA:
COMMENCING AT A POINT BEING 50.0 FEET EAST AND 30.0 FEET SOUTH
OF THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF
SECTION 5, TOWNSHIP 33 SOUTH., RANGE 39 EAST; RUN PARALLEL TO
THE NORTH LINE OF SAID SECTION 5, S 89052128" E, A DISTANCE OF
686.00 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF
THE FOLLOWING DESCRIPTION:
I. RUNNING PARALLEL TO THE NORTH LINE OF SAID SECTION 5, S
89052'28" E, A DISTANCE OF 1921.88 FEET TO A POINT; THENCE
2. CONTINUING RUNNING PARALLEL TO THE SAID NORTH LINE OF
SECTION 5, S 89052'55" E, A DISTANCE OF 333.94 FEET TO A POINT;
THENCE
FXonuliunity Development\Users\CurDevAORDINA NCE\2009\2009-_SLill nyside Up.rtf 1
ORDINANCE NO. 2009- 001
3. S 00007'17" W, A DISTANCE OF 503.99 FEET TO A POINT; THENCE
4. N 55023'46" E, A DISTANCE OF 452.54 FEET TO A POINT; THENCE
5. N 89028'00" E, A DISTANCE OF 258.88 FEET TO A POINT; THENCE
6. S 00032'00" E, A DISTANCE OF 100.68 FEET TO A POINT; THENCE
7. N 89028'58" E, A DISTANCE OF 143.00 FEET TO A POINT; THENCE
8. N 00032'00" W, A DISTANCE OF 100.72 FEET TO A POINT: THENCE
9. N 89028'00" E, A DISTANCE OF 824.80 FEET TO A POINT; THENCE
10. S 00010'51 " W, A DISTANCE OF 277.03 FEET TO A POINT; THENCE
11. S 33°29'43" E, A DISTANCE OF 143.97 FEET TO A POINT; THENCE
12, N 89057'26" W, A DISTANCE OF 683.12 FEET TO A POINT; THENCE
13. S 00°08'03" W, A DISTANCE OF 323.02 FEET TO A POINT; THENCE
14. N 89°51'57" W, A DISTANCE OF 917.49 FEET TO A POINT; THENCE
15. N 47013'39" W, A DISTANCE OF 69.27 FEET TO A POINT; TEIENCE
16, N 57058'39" W, A DISTANCE OF 330.00 FEET TO A POINT; THENCE
17. N 32001'21 " E, A DISTANCE OF 122.35 FEET TO A POINT; THENCE
18. N 57058'39" W, A DISTANCE OF 556.50 FEET TO A POINT; THENCE
19, S 87°01'21" W, A DISTANCE OF 550.00 FEET TO A POINT; THENCE
20. N 00007'32" E, A DISTANCE OF 143.38 FEET TO A POINT; THENCE
21. N 89052'28" W, A DISTANCE OF 770.02 FEET TO A POINT; THENCE
22. S 00007'32" W, A DISTANCE OF 230.00 FEET TO A POINT; THENCE
23. N 89052'28" W, A DISTANCE OF 250.00 FEET TO A POINT; THENCE
24. N 44052'28" W, A DISTANCE OF 35.36 FEET TO A POINT; THENCE
25. N 0000732" E, A DISTANCE OF 425.00 FEET TO THE POINT OF
BEGINNING AND CONTAINING 40.31 ACRES OF LAND, MORE OR LESS."
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ORDINANCE NO. 2009-001
is changed from RM -6, Residential Multi -Family (up to 6 units/acre), and _RM -8, Residential Multi -
Family (up to 8 twits/acre), to PDTND, Planned Development Traditional Neighborhood Design (up
to 8.8 units/acre), with the layout as depicted in the attached conceptual PD plan, and the list of
design waivers and public benefits (exhibit A). If no project construction has commenced within 10
years from the approval of this ordinance, then the PD zoning of the entire site shall terminate, and
the zoning of the property shall revert to RM -6 and RM -8.
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 20th day of january , 2009.
This ordinance was advertised in the Press-JOUrnal on the 5th day of
January , 2009, for a public hearing to be held on the 20th day of January
2009, at which time it was moved for adoption by Commissioner Flescher sill
by Commissioner Davis , and adopted by the following vote:
Chairman Wesley S. Davis
Vice Chairman Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Gary C. Wheeler
Commissioner Bob Solari
AYE
AYE
r
AYE
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
C
Wesley S. Davis, Cham '.an
ATTEST BY: Q
4ell Jeffrey K. Barton, Cler
This ordinance was filed with the Department of State on the following date: JAN 2 8 2009
F:ACommunity Development\Users\CLIrDcvAORDINANCE\2009\2009-_Sunnyside Up.rtf 3
ORDINANCE NO, 2009- 001
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, COUnty Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AICP; ommunevelopment Director
F:\Conununity Developmciri\Users\CurrDev\ORDINANCE\2009\2009-_Sunnyside Up.rlf 4
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Exhibit A
Zoning District Table Notes:
l . Commercial uses (CL) uses shall be located in the project's proposed Town Center
only, as shown on the conceptual PD plan.
2. Retail uses shall be allowed on the first floor of buildings only.
3. Fifty residential units must be completed prior to issuance of a building permit for
any commercial development.
- Dimensional Modifications Requested through the PD Process are
as follows:
Single -Family Re uirements:
Districts
USES
ALLOWED
PROPOSED PD TND DISTRICT
RM -8 DISTRICT
Single-FamilySingle-Farnily
Permitted
Permitted
Multi -Family
Permitted
Permitted
CL Uses
Permitted with conditions excluding: hotels,
motels, gas stations, auto services stations
Not Permitted
Zoning District Table Notes:
l . Commercial uses (CL) uses shall be located in the project's proposed Town Center
only, as shown on the conceptual PD plan.
2. Retail uses shall be allowed on the first floor of buildings only.
3. Fifty residential units must be completed prior to issuance of a building permit for
any commercial development.
- Dimensional Modifications Requested through the PD Process are
as follows:
Single -Family Re uirements:
Lot Layout Type
Lots
Min.
Min.
Front
Rear
Side
Garage Req.
Depth
Width
Setback
Setback
Setback
Front Loaded
1-28 &
108'
50'
10'
10'
0'/5'
25' front setback
Garage
42-46
5' side setback
Alley Loaded
29-41
115'
50'
10'
10'
01/5'
10' rear setback
Gara e
5' side setback
Setback Notes:
1. Single family garages that are detached may be attached to an adjacent garage with a
0' side setback and share a common wall with a garage on the adjacent lot.
2. The single family homes adjacent to Rivera Estates will be restricted to one story.
3. The 0'/5' side yard setback will allow homes to be centered on lots with 5' to either
side lot line or a 0' side yard with a minimum of 10' to the next side lot line, so there
will a minimum 10' between structures.
Project Waivers/Modifications
Building Setbacks
Indian River County
Proposed
Code for RM -8
Front yard
25'
10' for single family homes
25' for front loaded garages
10' (Town Center)
All other buildings will
maintain 25'
Side yard
10'
0'/5' for single family uses
All other uses shall maintain
10'
Rear yard
25'
25' from property boundary —
applies to building, pool decks
and screen enclosures.
10' for pool deck and
recreation buildings adjacent
to the Indian River Mall
property in section # 1.
Building separation
N/A
10' for all uses or as may be
allowed/required by building
code
SF lot size
7,000 sq. ft.
5,000 sq. ft.
SF lot width
70'
50'
SF lot area open sace
30%
20%
SF max building
30%
35%
covet -age
Note: Overall, the project will maintain a minimum of 40% open space.
22. Public Benefits:
For all PD projects, applicants must identify the public benefits that the
project will provide in exchange for the County approving requested
waivers. For Sunnyside Up, the public benefits are as follows:
Culvert and Landscape 26"' Street Canal Area: The applicant
desires and proposes to culvert the Indian River Farms Water
Control District canal located on the south side of 26`x' Street in
order to utilize the canal right-of-way as buffer and setback area.
Culverting will provide an aesthetic public benefit, giving the area
a more finished appearance. In addition, it will improve traffic
safety along this segment of 26`x' Street. If the canal is not
culverted, the project will need to be re -designed, prior to PZC
consideration, to provide the burfer and setback on the applicant's
property.
- Integration with the Mall: Earlier in development of the
conceptual plan, the applicant coordinated with staff and
representative from the Indian River Mall. The applicant proposes
to integrate the development with the Indian River Mall using
pedestrian and vehicular connections. These connections will be
available to the public as well as residents, and will benefit the
public by reducing traffic on public streets such as 26`x' Street, 66`x'
Avenue, and 58`x' Avenue, and by providing alternative public
access to the Mall.
Infill near Major Commercial Center: The project will provide
residential and mixed use infill development near a major activity
center. This benefits the public by reducing sprawl and efficiently
using land by locating a medium density mixed use development
where there is already a significant amount of existing
infrastructure resources.
- Publically Accessible Amenities: The amenities within the Town Center will be
available to the public. These include public squares and greens.