HomeMy WebLinkAbout2014-011ORDINANCE NO. 2014- 01 L
AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RM -10, RESIDENTIAL
MULTI -FAMILY (UP TO 10 UNITS/ACRE), TO PDMXD, PLANNED DEVELOPMENT
MIXED USE DISTRICT, FOR APPROXIMATELY 3.32 ACRES OF LAND GENERALLY
LOCATED ON THE SOUTHEAST CORNER OF 45TH STREET AND 43RD AVENUE 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:
(ENTIRE PARCEL)
THE EAST 565 FEET OF THE WEST 600 FEET OF THE NORTH 316.12 FEET OF
TRACT 4 OF SECTION 27, TOWNSHIP 32 SOUTH, RANGE 39 EAST OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT
THE NORTH 60 FEET FOR CANAL RIGHT OF WAY AND 45TH STREET, ALL
ACCORDING TO THE PLAT OF INDIAN RIVER FARMS COMPANY, AS FILED IN
ST. LUCIE COUNTY, FLORIDA IN PLAT BOOK 2, PAGE 25; SAID LANDS NOW
LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
is changed from RM -10, Residential Multi -Family (up to 10 units/acre), to PDMXD, Planned
Development Mixed Use District, with the general project layout as depicted in the attached conceptual
PD plan and public benefits (Exhibit "A"). The uses allowed shall be limited to the residential uses
allowed in the RM -10 District as listed in the use table in section 911.08 by the approval process
specified in the same table, commercial uses shall be allowed consistent with the Mixed Use PD criteria
in section 915.20, with the added restriction that commercial uses are prohibited from the sale of
alcoholic beverages and the consumption of alcoholic beverages on the commercial premises. If no
project construction has commenced within 7 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 -10.
FACommunity Development\CurDev\Ordinances\2014\2014-_FamilyDollar(gifford).doc 1
ORDINANCE NO. 2014 -amu
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.
This ordinance was advertised in the Press -Journal on the 26th day of May , 2014, for a
public hearing to be held on the Qday of June , 2014, at which time it was moved for
adoption by Commissioner F 1 e s c h e r , seconded by Commissioner s o 1 a r i , and
Chairman Peter D. O'Bryan Aye
Vice Chairman Wesley S. Davis Aye
Commissioner Tim Zorc Aye
Commissioner Joseph E. Flescher Aye
Commissioner Bob Solari Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
sN BY:
_# Peter D. O'Bryan, Chai an
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY: I / A� z
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO F RM LEGAL SUFFICIENCY
Al'angold, County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AICP; Vmunity Development Director
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ORDINANCE NO. 2014- 011
EXHIBIT "A"
Public Benefits:
For all PD projects, applicants must identify the public benefits that the project will provide in
exchange for requested waivers or incentives being sought by the applicant. For the Family
Dollar (Gifford Mixed Use), the public benefits are as follows:
Right -of -Way Dedication: Dedication without compensation of the corner clip
at the inter -section of 43`d Avenue and 45th Street. The corner clip will be
dedicated prior to or via the final plat.
45th Street sidewalk: The applicant is proposing to build a sidewalk along the
site's 45th Street frontage (on the south side/canal side of 45th Street), which is
not required by the sidewalk/bikeway plan. The sidewalk must be completed
prior to the issuance of a certificate of occupancy (C.O.) for the project's first
phase.
Transit Stop: The applicant will be responsible for providing a transit stop, not
including a bus shelter, on 45th Street in front of the retail facility. The transit
stop must be constructed or funds escrowed for its construction prior to issuance
of a certificate of occupancy (C.O.) for the project's first phase.
Alcoholic Beverages Restriction: Through the PD rezoning process, the
applicant has coordinated with Gifford community leaders and has agreed to
their request to prohibit the sale or consumption of alcoholic beverages within
the commercial premises proposed PDMXD district. The alcoholic beverage
sales and consumption prohibition will be included in the PDMXD zoning
ordinance.
FACommunity Development\CurDev\Ordinances\2014\2014-_FamilyDollar(gifford).doc 3
I Exhibit A