Ordinance no. 2016-029

ORDINANCE NO. 2016-029
AN ORDINANCE OF THE COUNTY OF SARASOTA, FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS, AS PART OF SARASOTA COUNTY ORDINANCE NO. 2003-052, CODIFIED IN APPENDIX A TO THE SARASOTA COUNTY CODE, RELATING TO ZONING WITHIN THE UNINCORPORATED AREA OF SARASOTA COUNTY; PROVIDING FINDINGS; PROVIDING FOR AMENDMENT OF THE ZONING ATLAS; PROVIDING RESTRICTIONS, STIPULATIONS AND SAFEGUARDS; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA:

Section 1. Findings. The Board of County Commissioners, hereinafter referred to as the "Board," hereby makes the following findings:

1. The Board has received and considered the report of the Sarasota County Planning Commission concerning Rezoning Petition No. 15-26, requesting rezoning of the property described herein.

2. The Board has held a public hearing on the proposed rezoning of the property described herein in accordance with the requirements of Sarasota County Ordinance No. 2003-052, codified in Appendix A of the Sarasota County Code (hereinafter “the Zoning Ordinance”), and has considered the information received at said public hearing.

3. The rezoning herein granted is consistent with the Sarasota County Comprehensive Plan and meets the requirements of the Zoning Ordinance.

4. Pursuant to the provisions of Article VII of Chapter 94 of the Sarasota County Code, an evaluation has been completed of the impacts that the proposed rezoning of the property described herein will have on the levels of service for parks, drainage, solid waste, roads, mass transit and water and sewer systems. With the exception of the provisions of Section 3 of this Ordinance, adequate levels of service are anticipated to be available.

Section 2. Amendment of the Zoning Ordinance. The Official Zoning Atlas, adopted under Article 4 of the Zoning Ordinance, is hereby amended by changing the zoning district classification from RMF-2/PUD (Residential, Multi-Family, 9 units/acre/Planned Unit Development with stipulations) to RMF-2/PUD (Residential, Multi-Family, 9 units/acre/Planned Unit Development) with amended stipulations zone district for the following described property located in Sarasota County, Florida:
East of Jacaranda Boulevard and south of East Venice Avenue, Venice, and being more particularly described as follows:

A PORTION OF THOSE LANDS DESCRIBED IN DEED BOOK 293, PAGE 205, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, LYING IN AND BEING A PART OF SECTION 11, TOWNSHIP 39 SOUTH, RANGE 19 EAST; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGIN AT THE SOUTHWEST CORNER OF SECTION 11, TOWNSHIP 39 SOUTH, RANGE 19 EAST (DEPARTMENT OF NATURAL RESOURCES DOCUMENT #8673); THENCE N.89°20'18"W. ON THE SOUTH LINE OF SAID SECTION 11, A DISTANCE OF 636.14 FEET, TO A POINT ON THE EAST RIGHT OF WAY LINE OF JACARANDA BOULEVARD (150' PUBLIC RIGHT-OF- WAY); THENCE N.43°31'01"E. ON SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 583.06 FEET, TO A POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 1507.39 FEET, A CENTRAL ANGLE OF 42°20'56", A CHORD BEARING OF N.22°20'33"E., AND A CHORD LENGTH OF 1088.97 FEET; THENCE ON THE ARC OF SAID CURVE, 1114.15 FEET, TO A POINT OF TANGENCY; THENCE N.01°10'06"E., 636.04 FEET, TO THE SOUTH RIGHT-OF-WAY LINE OF EAST VENICE AVENUE, RECORDED AS RIGHT OF WAY TAKING IN OFFICIAL RECORDS BOOK 1835, PAGE 1475, AND ROAD PLAT BOOK 4, PAGE 3E, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE S.88°07'48"E., ON SAID SOUTH RIGHT- OF-WAY LINE, A DISTANCE OF 324.15 FEET; THENCE N.01°52'12"W., 20.00 FEET, TO THE SOUTH RIGHT-OF-WAY LINE OF SAID EAST VENICE AVENUE, AS RECORDED IN ROAD PLAT BOOK 4, PAGE 3E; THENCE S.88°07'48"E. ON SAID SOUTH RIGHT-OF-WAY LINE OF EAST VENICE AVENUE, A DISTANCE OF 566.00 FEET, TO THE EAST LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS INSTRUMENT #2001001544, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE AND ON THE EAST LINE OF SAID LANDS, S.01°10'06"W., 2081.50 FEET, TO THE SOUTH LINE OF SAID SECTION 11; THENCE N.89°04'22"W., ON SAID SOUTH LINE, A DISTANCE OF 1040.34 FEET, TO THE POINT OF BEGINNING.
LESS AND EXCEPT:

THOSE LANDS DEEDED TO SARASOTA COUNTY FOR RIGHT-OF-WAY PURPOSES DESCRIBED IN OFFICIAL RECORDS INSTRUMENT NO. 2009088181, 2009088182, AND 2009088183, ALL ARE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.

Section 3. Restrictions, Stipulations and Safeguards. As used in the stipulations hereinafter set forth, the term "Owner" shall refer to the owner or owners of the property described in Section 2 and their successors and assigns. Upon recording in the public records of Sarasota County, these stipulations shall be covenants running with the land. The use of the property described in Section 2 of this Ordinance, in addition to the applicable restrictions imposed by the Zoning Ordinance, is hereby further limited by and subject to the following restrictions, stipulations and safeguards:

1. 
   Development shall take place in substantial accordance with the Development Concept Plan series, dated January 27, 2016, and attached hereto as Exhibit “A”, except as necessary to comply with the stipulations herein. This does not imply or confer any variances from applicable zoning or land development regulations.
   

2. 
   Prior to or concurrent with development of the subject parcel, the Owner shall construct a southwest to southeast left turn lane at the intersection of Jacaranda Boulevard and Portopalo Drive. The left turn lane shall be designed in accordance with Indexes 301 and 526 of the Florida Department of Transportation’s Roadway and Traffic Design Standards. The improvement shall be included in the construction plans for the subject development.
   

3. 
   Prior to or concurrent with development of the subject parcel, the Owner shall construct a traffic signal at the intersection of Jacaranda Boulevard and Portopalo Drive. The design and construction of the signal shall be done by the Owner at no cost to the county. The traffic signal shall be designed and constructed in accordance with the latest editions of the Florida Department of Transportation’s Design Standards for Traffic Signals and Equipment and the Standard Specifications for Road and Bridge Construction for Traffic Control Signals and Devices.
   

4. 
   Access to the northernmost driveway of the subject parcel on Jacaranda Boulevard shall be restricted to right-in/right-out turning movements only.
   

5. 
   Access to the southernmost driveway of the subject parcel on Jacaranda Boulevard shall be restricted to right-in/right-out turning movements only.
   
6. 
   Prior to or concurrent with the development of the subject parcel, the Owner shall construct an ADA Accessible bus stop pad, shelter and bicycle racks.  The transit amenities shall be connected to the public sidewalk and adjacent developments.   The exact location and design of the facility will be determined during the Site and Development review process in coordination with SCAT.
   
7. 
   The Master Surface Water Management Plan shall be consistent with the Curry Creek Basin Master Plan (Roberts Bay Watershed).
   
8. 
   Development shall comply with the development criteria contained in Sector Plan No. 83-04-SP.
   
9. 
   The wetlands, mesic hammock, and associated upland vegetative buffer shall be maintained in accordance with management guidelines contained within the Comprehensive Plan as a preserve and labeled a preserve on all plans. All activities including but not limited to filling, excavating, well drilling, altering vegetation (including trimming of both trees and understory) and storing of materials shall be prohibited within preservation areas, unless written approval is first obtained from Resource Protection Services. Exception may be granted by Resource Protection Services to facilitate implementation of approved habitat management plans or the hand removal of nuisance/invasive vegetation.
   
10. 
    Slight impacts to on-site wetlands resulting from unavoidable impacts necessitated by internal parcel roadway and infrastructure requirements, may be allowed if deemed consistent with LDR Environmental Technical Manual Section B.1.a.2. by Resource Protection.
    
11. 
    Watercourse buffers shall be provided along Blackburn Canal, and shall extend landward of the top-of-bank of the on-site canal, and shall accurately be depicted on all development proposals. If the plan cannot meet a 50-feet buffer, an enhancement plan equivalent in water quality treatment and habitat protection shall be provided to Resource Protection for review. No impacts, outside of the ones approved through this Binding Development Concept Plan (BDCP) shall occur to existing native vegetation located within watercourse buffer. Nuisance/invasive vegetation shall be replaced with appropriate native species. All activities including, but not limited to, filling, excavation, stockpiling, and storage of materials shall be prohibited within watercourse buffers, unless expressly allowed by Sarasota County Land Development Regulations.
    
12. 
    No building shall exceed 35 feet in height except building #1 as shown on the concept plan which shall not exceed 40' in height (3 stories).
    
13. 
    The permitted ground signs serving the Commercial Outparcels shall not exceed six feet in height.
    

14. 
    The perimeter buffers for the subject parcel shall be as follows:
    
    1. 
       North boundary: 25 feet wide with a 0.7 opacity;
       
    2. 
       East boundary: 25 feet wide with a 0.7 opacity;
       
    3. 
       South boundary: 25feet wide with a 0.7 opacity; and
       
    4. 
       West boundary:
       

40 feet wide with a 0.7 opacity (along Jacaranda frontage)

10 feet wide with a 0.1 opacity (along Commercial Parcels’ Jacaranda frontage).

Section 4. Modifications. Pursuant to Article 6.11.2.f of the Sarasota County Zoning Ordinance, the Board approves the following PUD modification:

1. 
   Modification from Zoning Regulations Section 6.11.2.d.2. to allow commercial activities to be oriented towards the exterior or perimeter streets of the property boundaries is approved, provided the Future Commercial area as shown on the development concept plan dated January 27, 2016 shall contain no gas pumps, convenience stores, or banks.
   

Section 5. Effective Date. This Ordinance shall take effect upon filing with the Department of State.

PASSED AND DULY ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA, this day of , 2016.

.
BOARD OF COUNTY COMMISSIONERS

OF SARASOTA COUNTY, FLORIDA

Chairman
ATTEST:

KAREN E. RUSHING, Clerk of

the Circuit Court and Ex-

Officio Clerk of the Board of

County Commissioners of

Sarasota County, Florida.

By: _______________________

Deputy Clerk
EXHIBIT “A”

January 27, 2016

EXHIBIT “A”

January 27, 2016