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Home My WebLink About2005-022ORDINANCE NO. 200'5- 022 AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RS -3, RESIDENTIAL SINGLE- FAMILY (UP TO 3 UNITS/ACRE), AND IL, LIGHT INDUSTRIAL, TO PD RESIDENTIAL FOR APPROXIMATELY 214.64 ACRES OF LAND GENERALLY LOCATED ON THE NORTH SIDE OF 65TH STREET AND THE SOUTH SIDE OF 69TH STREET, JUST WEST OF THE FEC RAILROAD AT 4250 65TH STREET AND DESCRIBED HEREIN, AND PROVIDING FOR AN 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 PARCEL OF LAND LYING IN SECTIONS 9 AND 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 9; THENCE SOUTH 0 DEGREES 22 MINUTES 02 SECONDS WEST, ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH 0 DEGREES 22 MINUTES 02 SECONDS WEST, ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 302.75 FEET; THENCE SOUTH 89 DEGREES 22 MINUTES 06 SECONDS EAST, A DISTANCE OF 399.45 FEET TO THE WEST LINE OF THE EAST 7 ACRES OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE NORTH 0 DEGREES 13 MINUTES 50 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF 312.77 FEET TO A POINT ON A LINE WHICH IS 20.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 10 AND ALSO A POINT ON THE SOUTH RIGHT OF WAY LINE OF NORTH WINTER BEACH ROAD; THENCE SOUTH 89 DEGREES 22 MINUTES 09 SECONDS EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 1593.18 FEET TO THE WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE SOUTH 15 DEGREES 23 MINUTES 17 SECONDS EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 1314.14 FEET; THENCE F.\Community Development\Users\CurDev\ORDINANCE\2005\Lost Tree Preserve Ordinance.rtf 1 ORDINANCE NO. 2005- 022 EAST COAST RAILROAD; THENCE SOUTH 15 DEGREES 23 MINUTES 17 SECONDS EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 1314.14 FEET; THENCE NORTH 89 DEGREES 21 MINUTES 55 SECONDS WEST, A DISTANCE OF 60.00 FEET; THENCE SOUTH 15 DEGREES 23 MINUTES 17 SECONDS EAST, A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH 89 DEGREES 21 MINUTES 55 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 60.00 FEET TO A POINT ON THE AFOREMENTIONED WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE SOUTH 15 DEGREES 23 MINUTES 17 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF 1023.07 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH 0 DEGREES 05 MINUTES 47 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 312.88 FEET TO A POINT ON A LINE WHICH IS 35.00 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 AND ALSO A POINT ON THE NORTH RIGHT OF WAY LINE OF SOUTH WINTER BEACH ROAD AS SHOWN ON PLAT BOOK 11, PAGE 23, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 21 MINUTES 30 SECONDS WEST, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 1320.33 FEET; THENCE NORTH 88 DEGREES 42 MINUTES 50 SECONDS WEST, STILL ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 1320.60 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 10 AND A POINT ON SAID NORTH RIGHT OF WAY LINE OF NORTH WINTER BEACH ROAD, SAID POINT BEING 50.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH 89 DEGREES 32 MINUTES 04 SECONDS WEST, ALONG A LINE WHICH IS 50.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9 AND ALONG SAID NORTH RIGHT OF WAY LINE OF NORTH WINTER BEACH ROAD, A DISTANCE OF 1311.28 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT LATERAL "G" CANAL; THENCE NORTH 14 DEGREES 58 MINUTES 22 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 180.40 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE NORTH 0 DEGREES 32 MINUTES 06 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF 2413.34 FEET TO A POINT ON A LINE WHICH IS 20.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9 AND A POINT ON THE AFOREMENTIONED SOUTH RIGHT OF WAY LINE OF NORTH WINTER BEACH ROAD; THENCE NORTH 89 DEGREES 21 MINUTES 31 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 1352.04 FEET TO THE POINT OF BEGINNING. is changed from RS -3, Residential Single -Family (up to 3 units/acre) and IL, Light Industrial, to PD, Planned Development Residential, with the layout as depicted in the attached conceptual PD plan, with the list of design waivers and public benfits ( exhibit A). F:\Community Development\Users\CurDev\ORDINANCE\2005\L.ost Tree Preserve Ordinance.rtf 2 ORDINANCE NO. 2005- 022 Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 21St day of June, 2005. This ordinance was advertised in the Press -Journal on the 6th day of June, 2005, for a public hearing to be held on the 21St day of June, 2005, at which time it was moved for adoption by Commissioner Neuberger , seconded by Commissioner Davi s adopted by the following vote: Chairman Thomas S. Lowther Vice -Chairman Arthur R. Neuberger Commissioner Sandra L Bowden Commissioner Wesley S. Davis Commissioner Gary C. Wheeler Aye Aye Aye Nay Nay BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: 3 Thomas S. Lowther, Chairman ATTEST B .c om, Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP; C mmunity Delopment Director F:\Community Development\Users\CurDev\ORDINANCE\2005\Lost Tree Preserve Ordinance.rtf JUN 2 9 2005 and 3 i0 0 0 0 0 N i 4 Ca 9 op on .s,rn dg 1 ..r.... ,,..,.n mnnL: 11 EXHIBIT "A" PROPOSED PD DISTRICT Development Parameters/Waivers Minimum Lot Size Minimum Lot Width Minimum Yard Setbacks: Front Side Rear Project Perimeter Setback: Pool/Pool Enclosure Setbacks: Front Side Rear Patio and Deck Setbacks: Front Side Rear Maximum building coverage per lot Maximum impervious area per lot Minimum open space per lot Minimum open space project wide Minimum Right-of-way width 12,000 sq ft 80' 25' 15' 25' 25' 25' 15' 10' 5' 5' 5' 30% 60% 40% 40% 50' Proposed PD District 7,000 sq. ft. 55', 70', 80' 10' 5' / 7.5' 7.5'/10' 20' 40' 10' 10' 5' 5' 5' 40% 60% 40% 56% 50' Note: The side yard setbacks will be 7.5' for the 55' wide lots and 10' for the 70' and 80' wide lots. The attached single-family units will be controlled through the site plan process. Two story homes must be set back at least 100' from the project perimeter. Trade offs and Public Benefits: • Increased perimeter setbacks and buffering (25' vs. 45' to 75') • Increased upland setaside (10% to 15% vs. 18.80%) and wetland preservation (58.55%) • Increased open space (40% vs. 56%) • Donation of Ultimate Right -of -Way for 65th Street and 69th Street • Proposed Transit/Bus Stop • Intersection improvements at 65th Street/Old Dixie, 69th Street/Old Dixie and US Highway One and 69th Street • A 100' setback from the perimeter for two-story homes F:\Community Development\Users\CurDev\BCC\2005 BCC\Lost Tree Exhibit A.doc