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Home My WebLink About2014-015ORDINANCE NO. 2014- 015 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), TO PD, PLANNED DEVELOPMENT, FOR APPROXIMATELY 122.06 ACRES OF LAND GENERALLY LOCATED WEST OF 58T11 AVENUE, BETWEEN 37TH STREET ON THE NORTH AND 33RD STREET ON THE SOUTH 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 DESCRIPTIONS: PARCEL 1: LOTS 1 AND 2, THE EAST 100 FEET OF LOT 3, THE NORTH ONE-HALF (N 1/2) OF LOT 4, LESS AND EXCEPT THE WEST 215 FEET OF THE NORTH 115 FEET OF SAID LOT 4, THE NORTH 115 FEET OF LOT 5, THE SOUTH 210 FEET OF LOT 5, THE NORTH 115 FEET OF LOT 6, THE SOUTH 210 FEET OF LOT 6, AND LOTS 7, 8, 9, 10, 11 AND 12, ALL IN ALBRECHT ACRES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 74, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. PARCEL 2: THE EAST 5 ACRES OF THE EAST 10.27 ACRES OF TRACT 2, THE WEST 5.27 ACRES OF THE EAST 10.27 ACRES OF TRACT 2, THE WEST 20 ACRES OF THE EAST 30.27 ACRES OF TRACT 2, AND THE WEST 10 ACRES OF TRACT 2, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. FACommunity Development\CurDev\Ordinances\2014\2014-_HarmonyReserve.doc 1 ORDINANCE NO. 2014- 015 PARCEL 3: TRACT 7, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT THE 30 FOOT ADDITIONAL RIGHT OF WAY CONVEYED TO INDIAN RIVER COUNTY, FLORIDA FOR 33RD STREET AS RECORDED IN OFFICIAL RECORDS BOOK 940, PAGE 93, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. PARCEL 4: THE WEST 315 FEET OF THE WEST 10 ACRES OF TRACT 8, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT THE 30 FOOT ADDITIONAL RIGHT OF WAY CONVEYED TO INDIAN RIVER COUNTY, FLORIDA FOR 33RD STREET AS RECORDED IN OFFICIAL RECORDS BOOK 940, PAGE 95, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. is changed from RS -3, Residential Single -Family (up to 3 units/acre), to PD, Planned Development (up to 3.26 units/acre), with the general project layout as depicted in the attached conceptual PD plan (Exhibit A) and with the attached list of project public benefits (Exhibit B). The uses allowed shall be limited to the residential and accessory uses allowed in the RS -6 or RM -6 Districts as listed in the use table in section 911.08. 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 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. This ordinance was advertised in the Press -Journal on the 22nd day of September, 2014, for a public hearing to be held on the 7t" day of October, 2014, at which time it was moved for adoption by Commissioner F l e s c h e r , seconded by Commissioner Solari , 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 FACommunity Development\CurDev\Ordinances\2014\2014-_HarmonyReserve.doc 2 ORDINANCE NO. 2014- 015 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY a,,.JNSY CO BY: �i c Peter D. O'Bryan, C ai an October 7, 2014 y'�?go:-•••• :;iiQ��`'• ATTEST: Jeffrey R. Smith, Clerk of Court and Deputy This ordinance was fled with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; COY o unity Development Director FACommunity Development\CurDev\Ordinances\2014\2014- HarmonyReserve.doc 3 1 11-1 H -H ISI, Ordinance 2014-015 Exhibit A Ron 701- m a I z � - I �\'I 1 .11, In m LL R H lIL `I==IIIIw —--moon IVA r'lrvH , N IIK3LJLJ'L-?LjE3 "a. 1-7 4f1A . . . . . . . . . . . . . . . . Z I & STODDARD, L.L.C. HARMONY RESERVE 1 SCHULKE, BITTLE 1 ONCEPTUAL PD REZONING �C CONCEPTUAL PLANNED I kM INDIAN RIVER COUNTY. DEVELOPMENT :9 r- ARIDA F-21— - ORDINANCE NO. 2014- 015 EXHIBIT B Public Benefits of the PD Plan For all PD projects, planning staff asks applicants to identify the public benefits that their project will provide above and beyond conventional development in exchange for the county approving reduced setbacks and other waivers from conventional standards. In this case, the project will provide substantial open space along 33`d Street and 37th Street, dedicate the ultimate right-of-way for 58th Avenue and 33`d Street, provide stormwater capacity for future improvements to adjacent roads, preserve native uplands in excess of LDR requirements, and provide enhanced perimeter buffers. To facilitate joint use of the project's stormwater system, the developer will grant an easement to the county for stormwater purposes. Use of the stormwater system will enable the county to design roadway projects within less right-of-way area, resulting in less right-of-way acquisition impacts on property owners in the future. Details of the easement and stormwater capacity provisions will be addressed through the preliminary PD plan and land development permit processes. In addition to the public benefits described above, the project is designed with internal benefits for project residents, including significant recreational facilities and comprehensive architectural controls. FACommunity Development\CurDev\Ordinances\2014\2014- HarmonyReserve.doc 4