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Home My WebLink About2006-009•I MAI rd I Nei R�. ��• L're 47, 47 , N.,j. AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 291.11 ACRES OF LAND GENERALLY LOCATED BETWEEN 13TH STREET SW ON THE NORTH AND 17TH STREET SW ON THE SOUTH, AND BETWEEN 27TH AVENUE ON THE EAST AND 43RD AVENUE ON THE WEST; FROM PD RESIDENTIAL (THE COLONY PD) TO PD RESIDENTIAL ( TURTLE CREEK PRESERVE PD); 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. TRACTS 9 THROUGH 16, SECTION 27, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS, HOWEVER, THE WEST 100 FEET OF TRACTS 12 AND 13 AND LESS ALL OF THOSE, LANDS LYING WITHIN THE PLAT OF GROVENOR ESTATES UNIT 2A, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 19, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND LESS THE EAST 25.00 FEET OF TRACTS 9 AND 16, LESS AND EXCEPT CANAL RIGHT-OF-WAY OVER THE NORTH 30 FEET OF TRACTS 9 THROUGH 12. LESS AND EXCEPT ROAD RIGHT-OF-WAY OVER THE SOUTH 30 FEET OF TRACTS 13 THROUGH 16. SUBJECT TO A CONSERVATION EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1030, PAGE 428 THROUGH 430, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. AND SUBJECT TO A FLORIDA POWER & LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 185, PAGE 181, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SUBJECT TO MURPHY DEED #478 AND #521, AS RECORDED RESPECTIVELY IN DEED BOOK 35, PAGE 470 AND DEED BOOK 41, PAGE 15, AS MODIFIED BY PARTIAL RELEASE AS RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, OVER THE EAST 70 FEET OF TRACTS 9 AND 16. FACommunity Development\Users\CurDev\0RDINANCE\2006\2006- Turtle Creek Preserve PD.rtf ORDINANCE NO. 2006- 009 is changed from PD, Planned Development (The Colony), to PD, Planned Development(Turtle Creek Preserve, up to 3 units per 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 5 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 RS -3. 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 4th tday of Apri 1 , 2006. This ordinance was advertised in the Press -Journal on the 10th day of March, 2006, for a public hearing to be held on the 21St day of March, 2006, at which time it was moved for adoption by Commissioner Lowther F , seconded by Commissioner Davis , and adopted by the following vote: Chairman Arthur R. Neuberger Aye Vice Chairman Gary C. Wheeler Nay Commissioner Sandra L. Bowden Aye Commissioner Thomas S. Lowther Aye Commissioner Wesley S. Davis Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVEXCOUNTY BY: _ qArthur1R.-Neube ger,'Chairman ATTEST BY:`'�d 67D/ a' Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: F:\Community Development\Users\CurDev\0RDINANCE\2006\2006- Turtle Creek Preserve PD.rtf APPROVED AS TO FORM AND LEGAL SUFFICIENCY Nzov /; 40� 4,0� 0 William G. Collins II, County Attorney Director FACommunity Deve1opment\Users\CurDev\0RDINANCE\2006\2006- Turtle Creek Preserve PD.rtf Public Benefits of the PD Plan Planning staff asks PD applicants to identify the public benefits that their project will provide in exchange for the county's flexibility with the proposed project design criteria. In this case, the applicant is proposing a design which will provide significant green space adjacent to four Thoroughfare Plan roads, dedication of the ultimate right-of-way for two roads, and significant infrastructure improvements as well as significant common green space internal to the project site. These green space locations will provide a low-density open space feel along the public sides of the project (its perimeters) and will. accommodate preservation of uplands and wetlands. In addition, the applicant will provide stormwater capacity within the prof ect's lakes to treat the stormwater from future paving improvements to the adjacent Thoroughfare Plan roads. To facilitate joint use of the stormwater system, the developer will grant an easement to the county for stormwater purposes. Use of the stormwater system should enable the county to design roadway -paving projects within less right-of-way area, resulting in less right-of-way acquisition impacts on surrounding property owners in the future. Details of the easement and stormwater capacity provisions will be addressed in a developer's agreement, which will need to be approved prior to the issuance of a land development, permit (LDP) for Turtle Creek Preserve. The public benefits provided by the Turtle Creek Preserve PD significantly exceed the public . benefits provided by The Colony PD. The Colony PD essentially provides for some preservation, stormwater treatment for public streets, local road right-of-way dedication on 17th Street SW and 27th Avenue SW and construction of 13th Street SW. The Turtle Creek Preserve PD has comparable preservation and will dedicate the ultimate right-of-way for 17th Street SW and 27th Avenue SW without compensation. Turtle Creek Preserve provides a less impactive design for 13th Street SW for the Shady Oaks residents, and provides a comparable amount of stormwater treatment for public streets as is provided by The Colony PD plan. The proposed project will also contribute to implementation of the South County Initiative by providing monetary contributions for the public park and public north/south local road, providing for the construction of 17th Street SW, and by providing a north/south public pedestrian connection to facilitate pedestrian traffic from Grovenor Estates and Shady Oaks to access the proposed park, neighborhood commercial, and future elementary school that are part of the South County Initiative. In addition, the project will provide a transit stop. The detailed design of the transit stop must be approved prior to issuance of an LDP. FACommunity Development\Users\CurDev\ORDINANCE\2006\Turtle Creek Preserve Exhibit A.rtf COMPARISON OF "PUBLIC BENEFITS" Public Benefits Turtle Creek Preserve The Colony PD 33 12.11 Environmental Preservation 31.72 acres of uplands, 16.98 acres of uplands, acres of acres of wetlands wetlands 17'h Street SW Contributing Escrow fairshare; does not need to approximately 50% be be complete for access of cost; must complete project for project access Developer 13t No design had to 13t Street SW must construct proposed; Street SW to 43rd Avenue SW_ escrow fairshare and enter including the bridge; design developers agreement less impactive on Shade Oaks 17t Street SW Right -of- Dedicate 70' of right-of-way Dedicate 40' of road right-of-way Way to without compensation without compensation; county purchase remaining 30' 27t Avenue Right -of -Way Dedicate 60' of right-of-way Dedicate 30' of road right-of-way to without compensation without compensation; county purchase remaining 30' from th SW Stormwater Treatment of Run-off from 17t Street SW, Run-off 17 Street and SW, 27th Ave 27th Ave Public Roads 13th Street and accommodated accommodated South County Initiative • Contribute to park No contributions or • Contribute to local road complementary design. • Provide public pedestrian access throughout project • Transit Stop • Irrigate and maintain 17th Street SW right-of-way to E.O.P. FACommunity Deve1opment\Users\CurDev\ORDINANCE\2006\Turtle Creek Preserve Exhibit A.rtf COMPARISON OF RS -6 & TURTLE CREEK PRESERVE SINGLE-FAMILY POD STANDARDS/WAIVERS Nw_ RS -3 and Turtle The Colony Turtles The Tu�tle The Colony R k RS -6 Creek Single CreekN� Colony Creek AA Single Family "` Preserve ;Family 60' Preserve Single PreserveANA 50 Lots Single Lots Single Family 75' Single [280 Lots] . <. Fami 180 Lots] Fa><ruly Lots Family A No 55' Lots 65' Lots # A [40 Lots] 86, lots INN I IN A AN I �:_IlWA A. Lots 1`l195 � Lotsr o �' Lots 332 [1% 95Lots] t, 331A : 450 V"IA NeA nek" or ANN [136 Lots] [119>;ots]i- Minimum Lot Size 12,000 sq. 6,750 sq. ft ��6,600 sq ft 8INN,100 sq. ft. 8,100 sq ft? 91 11,450 sq. ft. 9,4SO sq ft = ft. & 7,000 K All AN �: sq. ft.A` ININI,�" ° ANN 50' 55';; 60 65 J 75 80 Minimum Lot Width 80' and 70'[1;A1 :: AN iNAAA lsAl IN Minimum Yard Setbacks Primary Residence/Bldg g AN - Front 25' and 20' 20' � 20' , 20' Z20' 20' 2.0' �. AN A 'Ile No ". - Side 15' and 10' 7.5 7.5. AN,7.5'5' 7.5' y7 5 # ., -Rear 25' and 20' 20'No 15' a� 20' 20'ANN I ANN AAAA 20'20' a.... ate': Pool - Side 15' and 10' S' AI 7 5 S' A IN 75A 5II '10 A A A I I [ANN, ,Q - Rear 10' 10' 10' 10' 10' 10' x.1`0' Patio/Decks - Side 5' S' 7 1MAANAS,'. 5 .. .5 5' .1Q..v .:_ III - Rear 5' S' - 5 5' N �5'III, 5' 5'IN A., 5IN19 ": 40%IN NIINI JAI III tea. o Maximum Building 30% 40% 501 50% 40 /o NNeX50% Coverage on Individual f"look ` Lotf" AN ANNNo o Minimum Open Space 40% 30% 30% A . 30% IIN 30% 30 /o A30% on Individual Lot _; `'A% A �,' �. AN A no No AN AN Minimum Right-o&Way 50' 50' 40 50N A X40' 50 40 .' x Width WIANN "All A Note: Two story homes may not be located on adjacent lots. USE TABLE RS -3 and RS -6 District Uses A PROPOSED PD DISTRICT USES Single -Family detached, accessory dwelling units, places of Single-family and multi -family residential units and accessory worship, childcare, recreational uses, and other uses as listed recreational uses. in LDR section 911.07. F:\Community Development\Users\CurDev\ORDINANCE\ivuo\Turtle Creek Preserve Exhibit A.rtf Y J: qua—uoi turtle Creek Preserve FKA The Colony\04-061\dwg\Civil\Prelimin ary Phased \13st—BASE—alt_option s-4F.dwq, 11x17 SITE PIAN a/1c/?nna o., pip pf SCHULKE, BITTLE & STODDARD L.L.C. aeTURTLE CREEK PRESERVE SITE PLAN I aasnxrcrtnu[Mi�oan,v+owtn}wawmarartx�oimre d l� ifi 1717 WDM ervm aivD.. sum wn WR Ben ,riMMvaso --m *¢�ninDasa cnxn aae oua ro®tea