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HomeMy WebLinkAbout2004-035Ze.let.aj //ortory Conor. AroRDINANCE NO. 2004- 035 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM A-1 AND RM -6 TO PD RESIDENTIAL FOR APPROXIMATELY 696 ACRES, AND ALLOWING LIMITED NEIGHBORHOOD COMMERCIAL USES ON APPROXIMATELY 3 ACRES, AND APPROVING THE PD CONCEPTUAL PLAN FOR THE SUBJECT SITE LOCATED EAST OF 58th AVENUE, NORTH OF 49th STREET, SOUTH OF THE NORTH RELIEF CANAL, AND WEST OF THE LATERAL H CANAL; 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, 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 THAT PART OF THE SW 1/4 OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING SOUTH OF THE NORTH RELIEF CANAL; THAT PART OF THE SW 1/4 OF THE SE 1/4 OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING SOUTH OF THE NORTH RELIEF CANAL AND WEST OF LATERAL "H" CANAL; THE SOUTH 1/2 OF THE SOUTH 1/2 OF SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING SOUTH OF THE NORTH RELIEF CANAL; THE NW 1/4 OF SECTION 22, TOWNSHIP 32, SOUTH, RANGE 39 EAST, AND THAT PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING WEST OF LATERAL "H" CANAL, ALL LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; AND TRACTS 1 THROUGH 8, INCLUSIVE SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LAND OF THE INDIAN RIVER FARMS COMPANY LANDS, AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE • F:\Community Development\Users\CurDev\ORDINANCE\Waterway Village ord.doc 1 ORDINANCE NO. 2004- 035 COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT: THE SOUTH 60.00 FEET OF TRACTS 5 THROUGH 8, INCLUSIVE OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY LANDS RECORDED IN PLAT BOOK 2, PAGE 25, ST. LUCIE COUNTY, FLORIDA, PUBLIC RECORDS, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA TOGETHER WITH THE SOUTH 60.00 FEET OF THE NORTHWEST QUARTER (1/4) OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. AND LESS AND EXCEPT: THE NORTH 12 FEET OF THE SOUTH 72 FEET OF THE EAST 1158.9 FEET OF TRACT 7, AND THE NORTH 12 FEET OF THE SOUTH 72 OF THE WEST 641.1 FEET OF TRACT 8, IN SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, RECORDED 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. CONTAINING 696.642 ACRES, MORE OR LESS is changed from A-1, Agricultural 1 District( up to 1 unit/5 acres), and RM -6 (up to 6 unit / acres) to PD, Planned Development, with the uses provided for in the attached use table ( exhibit A) and the layout as depicted in the attached conceptual PD plan ( exhibit B) that shall govern the development. The commercial area shall be restricted to the location designated on the conceptual plan (exhibit B). 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 9th day of November, 2004. This ordinance was advertised in the Press -Journal on the 28th day of October 2004, for a public hearing to be held on the 9th day of November, 2004, at which time it was moved for adoption by Commissioner I owther , seconded by Commissioner NPllhprgpr , and adopted by the following vote: Chairman Caroline D. Ginn Vice -Chairman Arthur R. Neuberger Commissioner Fran B. Adams Commissioner Thomas S. Lowther Commissioner Kenneth R. Macht F:\Community Development\Users\CurDev\ORDINANCE\Waterway Village ord.doc Aye Aye Ay p Aye Aye 2 ORDINANCE NO. 2004- 035 BOARD OF COUNTY COMIVIISSIONERS OF INDIAN RIVER COUNTY • Caroline D.;rGinu,',Chair pian ATTEST BY: a° 1�G re.'Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY 1/4 L(/4 William G. Collins II, County Attorney APP' !_.. D AS TO PLANNING MATTERS Obert M. Keating, AICP; •ommunity D: elopment Director /Pi agtoo Bi F:\Community Development\Users\CurDev\ORDINANCE\Waterway Village ord.doc 3 Uses Allowed: Single Family Multi Family Elementary School Commercial Uses Emergency Services EXHIBIT A Proposed PD District: Permitted P ermitted P ermitted Limited, Neighborhood Commercial Uses P ermitted • F:\Community Development\Users\CurDev\ORDINANCE\Waterway Village ord.doc RS -6 District: Permitted Not Allowed except by PD Special Exception Not Allowed except by PD Permitted • Latera H Canal 1 rr- •95 of v 0 • r L__I)1 «--� )) L. --- FT 1 anoaay rugs .063•3 ... r .w r.r. . w n w .� ...r 0001 w.�n a 1 p001 1[ 133 F ry a•o e33933 .gi.wa\00.J\aoOKs[.\ 3 .w. e..cp O CONCEPTUAL DEVELOPMENT PLAN WATERWAY VILLAGE • k 0 0 o INDIAN RIVER COUNTY 0 1 • 0 x 31 rn