ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF GLADES COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF GLADES COUNTY FROM RESIDENTIAL SINGLE-FAMILY (RS) AND AGRICULTURAL RESIDENTIAL (AR) TO PLANNED DEVELOPMENT (PD) FOR APPROXIMATELY 22.1 ACRES LOCATED AT U.S. HWY 27 AND 200 RODEO RD; PROPERTY OWNER JJ WIGGINS MEMORIAL TRUST; CASE NUMBER RZ15-01; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissions of Glades County, Florida, has adopted Ordinance 75-3 in which a revised Official Zoning Map was adopted for said County; and WHEREAS, the Board of County Commissions of Glades County, Florida, has adopted Ordinance , in which revised Planned Development district regulations were adopted for said County and such regulations create the opportunity for adoption of a Planned Development Ordinance to allow the applicant and the County to create appropriate site and use specific development regulations; and WHEREAS, the owner of the property more particularly described hereafter has heretofore filed an application pursuant to the Land Development Regulations of Glades County for the purpose of rezoning a certain tract of land consisting of approximately 22.1 acres from Residential Single-family and Agricultural Residential to Commercial Planned Development zoning district; and WHEREAS, the Board of County Commissioners finds such application to be complete, and based on the contents of the application and the review of the application, finds the requested rezoning consistent with the County's Comprehensive Plan and Land Development Code and the densities, intensities and general uses set forth therein and deems it in the best interest of the inhabitants of said County to amend aforesaid revised Zoning Map as herein set forth; and WHEREAS, the Board of County Commissioners find this Planned Development Ordinance includes regulations to ensure that the Planned Development will meet or exceed all performance and locational standards set forth in the County's Comprehensive Plan; and WHEREAS, the Board of County Commissioners find such rezoning request compatible with existing or approved uses in the surrounding area or can be made compatible using provisions contained in this Planned Development Ordinance; and WHEREAS, the Board of County Commissioners find the approval of this Planned Development Ordinance will not place an undue burden upon existing or committed transportation or other services and facilities; and

2 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Glades County, Florida, that: SECTION 1: REZONING GRANTED The application for the requested rezoning, including its reports, studies and exhibits, is approved, and the requested rezoning as reflected in Exhibits "B" and C from Agricultural Residential and Residential Single-family to Commercial Planned Development zoning district is granted, as to the following described real property located in Glades County, Florida, to-wit: See attached Exhibit "A." SECTION 2: PROPERTY DEVELOPMENT CRITERIA AND REGULATIONS The property site plan and development criteria and regulations for the site described in the requested rezoning is as set forth in the attached Exhibits "B" and C and all development within the site shall be subject to the terms and conditions of the requirements of Exhibits "B" and C and the land development regulations in effect on the effective date of this ordinance. If the terms and conditions set forth in this Ordinance conflict with other land development regulations of the County's Land Development Code, the terms and conditions of this ordinance shall govern the development of the property described in Exhibit "A." SECTION 3: ORDINANCE NO AND OFFICIAL ZONING MAP AMENDMENT That the Glades County Ordinance 75-3, which included the Official Zoning Map, is hereby amended to reflect the new zoning designation of the subject real property as described in Exhibit "A." SECTION 4: SCRIVENER S ERRORS Corrections of typographical errors which do not affect the intent of this rezoning may be authorized by the County Manager, or the County Manager s designee, without need of public hearing, by filing a corrected or re-codified copy of the same with the County Clerk. SECTION 5: SEVERABILITY If any provision or portion of this ordinance is held or declared to be unconstitutional, invalid or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect the applicability of this Ordinance to any other person, property or circumstances. SECTION 6: EFFECTIVE DATE This Ordinance shall take effect upon the adoption of this Ordinance by the Board, and

3 upon a filing of a certified copy hereof with the Florida Department of State. The foregoing Ordinance was offered by Commissioner, who moved its adoption. The motion was seconded by Commissioner, and being put to a vote, the vote was as follows: John Ahern Paul Beck Weston Pryor Timothy Stanley Donna Storter Long [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [NEXT PAGE FOR SIGNATURE]

4 This Ordinance was duly passed and adopted this day of, GLADES COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BY: Timothy Stanley, Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Richard W. Pringle, County Attorney ATTEST: SEAL: BY: Sandra Brown, Clerk of Courts

5 EXHIBIT A A PARCEL OF LAND IN TRACTS 26 THROUGH 29 INCLUSIVE, MAP OF SUBDIVISION OF SECTION 10, TOWNSHIP 42 SOUTH, RANGE 32 EAST, IN DESOTO COUNTY, FLORIDA, LYING AND BEING IN GLADES COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF LOT 26 AND THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 25 (U.S. HIGHWAY 27); THEN S 00º 02 55" W, ALONG THE EAST LINE OF LOT 26, A DISTANCE OF FEET; THEN S89 º W A DISTANCE OF FEET TO THE WEST LINE OF LOT 29; THEN N 00 º 02 00" E, ALONG SAID WEST LINE OF LOT 29, A DISTANCE OF FEET TO THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 25 (U.S. HIGHWAY 27); THEN N 89 º 46 15" E, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTAINING A COMPUTED AREA OF ACRES MORE OR LESS. AND LOTS 45A, 45B, AND 46, GLADES LITTLE RANCHES AS RECORDED IN PLAT BOOK 3, PAGE 22 OF THE PUBLIC RECORDS OF GLADES COUNTY, FLORIDA. CONTAINING 4 ACRES MORE OR LESS. Parcel ID # S and A A01-007A-0000

6 EXHIBIT B Schedule of Uses Residential Lots R-1 & R-2 Accessory Apartment/Guest House Agricultural uses consisting only of Aquaculture, Aviary, Beekeeping, Fruit/vegetable/nut Farming, Horticulture/crops, and Plant Nurseries; these uses will only be allowed to occur until such time as a building permit for any development on the west 2/3rds of the site is submitted to the County Dwellings: Single Family Detached Home Occupation Model Homes Commercial Parcel(s) Agricultural uses consisting only of Aquaculture, Aviary, Beekeeping, Fruit/vegetable/nut Farming, Horticulture/crops, and Plant Nurseries; these uses will only be allowed to occur on the undeveloped portion of the site and only until such time as a building permit for any development on the west 2/3rds of the site is submitted to the County Assembly, indoor only and affiliated with church/youth center Beauty and Barber Shops Blueprint, Printing, Reproduction Services Bookstore Businesses without drive through Contractors/Construction Offices, no outdoor storage Construction Material Sales, indoors only Convenience Stores, no fuel Day Care Facilities, Child and Adult Drugstores Dry Cleaning Employment Agency Florist Government, including emergency facilities, libraries, etc. Grocery Store Gun Range, Indoor Only Lawn and Garden Supplies Laundromat Medical Offices Micro-brewery Museums Offices and Business Services Pet Stores Recreation Indoors, such as gyms, dance studios, bowling alleys, arcades, and similar uses Recreation Outdoors, limited to activities affiliated with church/youth center such as basketball, baseball, volleyball, tennis, etc.

7 Repair Shops, small, non-automotive items, indoors only Restaurants without drive through Retail Sales Establishments Colleges, vocational and non-vocational Schools, public and private Signs Social Services Studios Theaters Veterinary Clinic/Hospital, no outdoor boarding Residential Standards Minimum Lot Size: 0.4 acres Minimum Lot Width: 150 Feet Front Setback: 25 Feet Side Setback: 10 Feet Rear Setback: 25 Feet Maximum Building Height: 35 Feet Maximum Lot Coverage: 40% Commercial Standards Minimum Lot Size: 22,500 s.f. Minimum Lot Width: 150 Feet Front Setback: 30 Feet Side Setback: 10 Feet Rear Setback: 25 Feet Maximum Building Height: 45 Feet Maximum Lot Coverage: 80% Property Development Regulations Landscaping Landscape Buffer Adjacent to Residential Lots, pursuant to Site Plan shown as Exhibit C: Option 1: A 30-foot wide buffer along the western edge, abutting the proposed residential parcels and along the south property line abutting the north side of the most northern proposed residential parcel. The buffer shall consist of 4 trees that at maturity, have an average height of thirty (30) feet and 20 shrubs that shall be maintained at a minimum height of six (6) feet (per 100 linear feet). Option 2: A 30-foot wide buffer shall be provided along the western edge, abutting the proposed residential parcel and along the south property line abutting the north side of the most

8 northern proposed residential parcel. The buffer shall consist of 3 trees that at maturity, have an average height of thirty (30) feet and 8 shrubs (per 100 linear feet) that shall be maintained at a minimum height of four (4) feet, and shall include a six-foot high continuous fence or wall. Plantings shall be placed on the side of the wall abutting the proposed residential parcels. Other than the Options indicated above, the subject site shall meet all of the requirements of Section of the Code of Laws and Ordinances; which requires a Type D buffer along the rights-of-way along Rodeo Road and U.S. Hwy 27. All landscaping shall be installed prior to a Certificate of Occupancy being granted to any new development located on the west 2/3rds of the subject site. Future landscaping will be required along the south boundary of the site where it is adjacent to Parcel # A A , which is currently owned by J.J. Wiggens Memorial Trust, if this parcel is rezoned and developed for residential, which it is designated for on the Future Land Use Map. The owners of the subject site shall install the appropriate landscape buffer along the property line upon approval of a subdivision for the adjacent parcel. Commercial Design Standards The commercial area illustrated on the west side of the subject site shall be built with a uniform design theme. This design these shall be reflected in all portions of the development. Upon submittal of the first building permit, a design theme manual will be submitted illustrating examples of buildings, signage, lighting, etc. There shall be no metal buildings allowed, but metal roofs are allowed. Pedestrian & Bicycle Access The applicant shall extend the sidewalk along US Hwy 27 into the existing development, along the connecting drive, and connect into the commercial development. The sidewalk will integrate into a walkway system that extends throughout the commercial site. A minimum of four total bicycle parking spaces will be provided in the commercial development, two located on the east side and two located on the west side. If the sidewalk is extended along the frontage of the subject site, within the U.S. Hwy 27 rightof-way, a pedestrian walkway will be extended from that sidewalk into the commercial development alongside the direct access way. Lighting All lighting for the subject site, outside of the residential lots, shall be directed into to the subject site. No direct glare shall be visible beyond the boundary of the property. Shielding shall be utilized to protect adjacent properties from light pollution. No lighting shall be directed toward nor shall light be directly visible from lots R1 and R2, as labeled on the site plan. Garbage No garbage containers shall be located along the boundary with residential lots R1, R2, and lot 47, as labeled on the site plan.

9 Off-street Loading Along the boundary with residential lots R1, R2, and lot 47, as labeled on the site plan, offstreet loading shall not occur prior to 8 AM or after 9 PM. Signage The commercial development site will be allowed 200 square feet of freestanding signage. On a sign with more than one face, each face will count toward total square footage. The sign may be placed within 15 feet of the front lot line. Each business can have an identification sign attached to the building above their front door or front window. Total square footage of each sign shall be no greater than 20 square feet. All other signage will conform to Chapter 133 Signs, of the Code of Laws and Ordinances. Subdivision of Residential Lots The two residential lots shown on the site plan will need to be created through the subdivision process. The property owner shall be required to gain approval of a subdivision for the creation of those lots prior to the County issuing a Certificate of Occupancy for any new development on the remainder of the subject site.

10 Exhibit C