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HomeMy WebLinkAbout2014-017ORDINANCE NO. 2014- 017 AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RM -8, RESIDENTIAL MULTI -FAMILY (UP TO 8 UNITS/ACRE), TO PDMXD, PLANNED DEVELOPMENT MIXED USE DISTRICT, FOR APPROXIMATELY 19.99 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF SR60 APPROXIMATELY 1,200 FEET WEST OF 58TH 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: THE EAST 20 ACRES OF TRACT 10, SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA AND SUBJECT TO A CONSERVATION EASEMENT IN FAVOR OF INDIAN RIVER COUNTY AS RECORDED IN ORB 1913, PG. 2060 AND SUBJECT OF EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. is changed from RM -8, Residential Multi -Family (up to 8 units/acre), to PDMXD, Planned Development Mixed Use District, with the general project layout as depicted in the attached conceptual PD plan (Exhibit "A") and subject to public benefits and conditions (Exhibit "B"). The uses allowed shall be limited to the residential uses allowed in the RM -8 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. 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 -8. 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. FACommunity Development\CurDev\Ordinances\2014\2014- Reserveatverobch.doc 1 ORDINANCE NO. 2014- 017 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 _ 9 day of september , 2014, fora public hearing to be held on the 14 day of October , 2014, at which time it was moved for adoption by Commissioner Davis , 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 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 'N CO►�M�g �. �..........., Si6 BY: P"el' •;9, Peter D. O'Bryan, Chai an ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller °oQr' BY: _ Deputy Clerk This ordinance was filed with the Department of State on the following date: LEGAL SUFFICIENCY APPROVED AS TO PLANNING MATTERS "'�* 4p�- - Stan Boling, AICP; 16praunity Development Director FACommunity Development\CurDev\Ordinances\2014\2014-_Reserveatverobch.doc 2 Ordinance 2014- 1 ORDINANCE NO. 2014- 017 EXHIBIT "B" 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 Reserve at Vero Beach Mixed Use, the public benefits are as follows: Right -of -Way Dedications: None are required as proposed with this development. Off-site College Lane Sidewalks: The applicant is proposing to build an off-site sidewalk improvement that fills in the existing College Lane sidewalk gap between the subject site and the 58th Avenue sidewalk. This off-site improvement will provide pedestrian access for residents and commercial customers of the subject project as well as students from the adjacent charter school and nearby IRSC Mueller Campus. This improvement provides for the project's integration into the area's existing/planned pedestrian system. Transit Stop & Shelter: The applicant will be responsible for providing a transit stop and shelter on SR 60 in front of the commercial uses at a location and in a manner approved by MPO staff. Provision of the stop/shelter will integrate the project into the public transportation system. The transit stop and shelter must be constructed or funds escrowed for construction prior to issuance of a certificate of occupancy (C.O.) for the project's first phase. Conditions: 4. Any fast food restaurant with a drive through is restricted to the easternmost and middle commercial parcels (commercial Lots 2 and 3). 5. Construction on commercial Lot 2 shall not commence until construction has started on 25% (40 units) of the project's total number of residential units. FACommunity Development\CurDev\Ordinances\2014\2014-_Reserveatverobch.doc