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HomeMy WebLinkAbout1988-04ORDINANCE NO. 88 - 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTIONS 2(b); 23.3 (d) (1) ; AND 25 (t) OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, ZONING CODE; REGARDING ADDITIONS TO THE DEFINITIONS, REQUIRING DEDICATION AND/OR RESERVATION OF RIGHT- OF-WAY FOR SITE PLAN APPROVAL; AND REQUIRING DEDICATION AND/OR RESERVATION OF RIGHT-OF-WAY FOR SINGLE FAMILY LOTS; ALSO AMENDING SECTION 10(c)(2) OF APPENDIX B OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, SUBDIVISION AND PLATTING; REQUIRING DEDICATION OF RIGHT-OF-WAY FOR SUBDIVISION PLAT APPROVAL. NOW THEREFORE, be it ordained by the Board of County Com- missioners of Indian River County that: Section 1 Section 2(b) of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances is hereby amended to the existing definitions to add the -definitions of three new terms as follows: Dedication of Road Right -of -Way. The transfer of title by _warranty deed of unencumbered real property to Indian River county for use as road right-of-way. In those instances _where a warranty deed cannot be provided, a quit claim deed may be used to transfer the property, subject to approval by the County Attorney. Reservation of Road Right -of -Way. The designation in a recordable form ( rovided by and approved by the County Attorney) of unencumbered real property, establishing said property as an area to be acquired at some future time by Indian River County through fee simple purchase, and designating such area as future road right-of-way. Reservation areas shall be treated as road right-of-way areas for purposes of situating structures and required improvements; however, subject to approval of the Public Works Director, compliance with all other zoning code _requirements, and execution of a removal and hold harmless agreement approved by the County Attorney, non -required improvements may be permitted within the reservation area. Compensation for Right -of -Way Dedication. The payment by Indian River County to an applicant receiving development approval and dedicating right-of-way of an amount equivalent to the value of the right-of-way. Said payment shall be in one or more of the followinq three forms. 1) Traffic Impact Fee Credit - a dollar for dollar credit applied to a project's traffic impact fee charge based upon the appraised value, or other estimate of value accepted by the Public Works Director, of right-of-way dedicated by the applicant. 2)' Transfer of Density - the transfer, from the right-of- way area being dedicated to the remainder of a project site, of the equivalent number of residential dwelling units assignable to the dedicated right-of-way area (based upon the acreage of the dedicated right-of-way area and the maximum density of the zoning district applicable to the dedicated area). 3) Cash - Cash payments may be made at the option of the County. CODING: Words in�i¢1�f�id�iM type are deletions from existing law; words underlined are additions. ORDINANCE NO. 88 - Section 2 Section 23.3(d)(1) of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances is hereby amended as follows: 23.3 D. Relationship to Transportation System 1. Compliance with County Thoroughfare Plan. The Indian River county Thoroughfare Plan shall serve as the official standard for dedicating rights-of-way, designing road improvements, designating traffic control devices and determining access requirements, including frontage roads. a. Right -of -Way Dedication of and Reservation The land lying within the proposed development which is necessary to widen or extend roadways to the standards designated in the Indian River County Thoroughfare Plan, or to provide adequate land area for utilities, sidewalks and/or bikepaths shall be dedicated to, or reserved to the County, as specified in this section, by the applicant prior to the release of the site plan. 1. General Requirements. a. Any applicant for site plan approval for a project abutting a roadway which has an existing road right-of-way deficiency shall dedicate, prior to release of the approved site plan for the project, sufficient land to correct the road right-of-way deficiency for that segment of the roadway abutting the project. Wherever a road right-of-way deficiency exists, the deficiency shall be made up by dedication of equal amounts of land from each side of the existing right-of- way, except where. 1e a drainage district canal right-of- way or a railroad right-of-way abuts one side of the existing road right-of-way; or 2* at least one-half of the required road right-of-way has been provided by the property on the opposite side of the existing road right-of-way; in which case, the entire road right-of- way deficiency will be made up by dedication of land from the project site. b. Major site plan applicants, where right- of-way deficiencies exist for right-of- way abutting a project, shall dedicate at a minimum the fair share of any right-of- way needed to bring an abutting road (local, collector, or arterial) right-of- way up to local (minor) road standards as defined in the Thoroughfare Plan. Said dedications are deemed necessary to serve the proposed development itself and shall not be creditable for compensation. CODING: Words in tt1A0 74rAr0AgA type are deletions from existing law; words underlined are additions. ORDINANCE NO. 88 - 2. Dedication of Thoroughfare Plan Road Right-ofWay - Any applicant for site plan approval for a project abutting a roadway designated on the _County Thoroughfare Plan where the roadway has a road right-of-way deficiency shall dedicate sufficient land to make up his share of the road right-of-way deficiency. The applicant shall receive through traffic impact fee credits, or residential density transfers, or where the County chooses to pay cash, 100% compensation for the value of the land area dedicated for road right-of-way, which exceeds any area needed to bring the right-of-way up to County local (minor) road standards. a) Exemptions i) Where 100% compensation cannot be pro- vided through traffic impact credit and density transfers, and where the County chooses not to pay cash, the applicant shall dedicate an amount of land compar- able in value to the percent of compen- sation provided and shall reserve the balance of the right-of-way deficiency; the location and configuration of said dedication and reservation areas shall be approved by the Public Works Director. ii) Where the applicant's project is con- sidered a minor site plan under the terms of this ordinance, the applicant may in lieu of dedication reserve the land needed to make up the right-of-way deficiency. 3. Dedication of Minor (local) Road Right -of -Way Any applicant for site plan approval for a project abutting a public or private roadway classified as a minor (local) road by the terms of the County Thoroughfare Plan shall dedicate sufficient land to make up his share of the road right-of-way deficiency. There shall be no compensation given for the dedi- cation of minor (local) road right-of-way. a) Exemption Where the applicant's project is con- sidered a minor site plan under the terms of this ordinance, the applicant shall reserve the land needed to make up his share of the right-of-way deficiency, if he chooses not to dedicate said right- of-wav area. Riaht-of-Wav Reservation/Dedication Matrix Major site Major site Plan with Plan without Minor Type of Roadway Compensation Compensation Site Plan Thoroughfare Plan Road Right -of -Way Dedication* Reservation Reservation CODING: Words in strAoxtrProAgA type are deletions from existing .law; words underlined are additions. ORDINANCE NO. 88 - Right -of -Way Reservation/Dedication Matrix (con't.) Major site Major site Collector (Subdivision Street Types Right Plan with Plan without Width Minor Type of Roadway Compensation Compensation Site Plan Minor Road Right -of -Way Dedication Dedication *dedication to the extent of compensation, reservation for any remainder 4a. 16/ Applicable Standards Reservation The engineering design of improvements within rights-of-way shall be in compliance with the standards in the "Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of Streets and Highways," published by the Florida Department of Transportation unless a variance is granted by the Board of County Commissioners. All construction within the right-of-way shall conform to County engineering standards. 4b. ¢� Minimum Right -of -Way and Pavement Require- ments; Credit for Dedicated Land The following minimum pavement widths and right-of-way widths shall be provided either at the time of development or in the future, as deemed necessary by the Public Works Director. These standards are consistent with the functional road classification system established in the Comprehensive Plan. Principal Arterial 120 *24-48 (Arterial) Minor Arterial Pt"4tt 100 *24-48 (Primary Collector) $¢¢¢4¢4ry streets (Secondary Subdivision Minimum Minimum Collector (Subdivision Street Types Right -of -Way Width Pavement Width Principal Arterial 120 *24-48 (Arterial) Minor Arterial Pt"4tt 100 *24-48 (Primary Collector) $¢¢¢4¢4ry streets (Secondary Subdivision Collector 80 *24-36 Collector) f¢¢¢¢t Collector (Subdivision Roads 60 24 Feeder) Local, Minor or Residential streets (with swale drainage) 60 +20 Local, Minor or Residential (closed drainage, curb & gutter) 50 +20 Marginal access roads 40 (easement or +20 right-of-way) All land area requested by the County for street or road right-of-way and dedicated by donation to the CODING: Words in srrw¢XtrAr0wgA type are deletions from existing law, words underlined are additions. ORDINANCE NO. 88 - County, and accepted by the County, after January 1, 1984, may be included in acreage calculations for purposes of density determination when the parcel from which the land area was dedicated is proposed for development. While the land area dedicated to the County may be used for density calculation, this area may not be used to satisfy setback requirements, site coverage requirements, open space requirements or any other specific land use regulation. 4c. d/ Additional Right -of -Way and/or Pavement Width The reviewing body may require the increase of right-of-way and pavement widths if a finding is made that the increase in width is necessary to accommodate the projected traffic needs of the project and is consistent with good engineering practice. Additional right-of-way or pavement width may be required to promote public safety, and convenience, or to ensure adequate access, circu- lation, and parking. Whenever any street requires improvement within the area to be developed, the appropriate right-of-way and pavement shall be required. Where a site abuts or contains an existing street of inadequate right-of-way or pavement width, additional right-of-way and pave- ment, in conformance with minimum County standards, may be required for new site development. 4d. ¢/ Maintain Level of Service Standards It is the intent of this Section to maintain a Level of Service "C" on all major roadways on an average annual basis. A Level of Service "D" shall be acceptable during peak season conditions. No development shall be approved which reduces the level of service below these minimum standards. To determine existing and expected service levels, the number of trips generated by or attracted to both existing and committed developments will be con- sidered. Section 3 Section 25(t) of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances is hereby amended, having an effective date of February 29, 1988, as follows: Section 25(t) 40¢04A/A00tt O�/�/$���/X/� Single Family Lots. Right -of -Way Dedication/Reservation, and Access Restrictions (1) Relationship to Transportation System The land lying within the proposed development (lot, parcel) which is necessary to widen or extend roadways or road rights-of-way for future improvements to the standards designated on the Indian River County Thoroughfare Plan shall be either dedicated to the County or reserved for future right-of-way acquisition prior to issuance of a building permit. Any applicant for building permit approval for the construction of a dwelling on a site abutting a roadway which has an existing road right-of-way deficiency shall, prior to the issuance of a building permit for CODING: Words in OttOOXfM 010 4 type are deletions from existing law; words underlined are additions. a. Right -of -Way Dedication and Reservation Any applicant for building permit approval for the construction of a dwelling on a site abutting a roadway which has an existing road right-of-way deficiency shall, prior to the issuance of a building permit for CODING: Words in OttOOXfM 010 4 type are deletions from existing law; words underlined are additions. ORDINANCE NO. 88 - the project, dedicate sufficient land to correct the road right-of-way deficiency for that segment of the roadway abutting the site. Wherever a road right-of-way deficiency exists, the deficiency shall be made up by dedication of equal amounts of land from each side of the existing right-of-way, except where: 1s a drainage district canal right-of-way or a railroad right-of-way abuts one side of the existing road right-of-way; or 2e at least one-half of the required road right-of-way has been provided by the property on the opposite side of the existing road right-of-way; in which case made up e existin the entire road right-of-way deficiency will y dedication of land from the opposite side of right-of-way. b) Dedication of Thoroughfare Plan Road Right -of -Way Any applicant for building permit approval for the construction of a dwelling on a site abutting a roadway designated on the County Thoroughfare Plan where the roadway has a road right-of-way deficiency shall dedicate, at a minimum, sufficient land to make up his share of the road right-of-way deficiency and shall receive through traffic impact fee credits, or where the County chooses to pay cash, 100% compensation for the value of the land area dedicated for road right-of-way, which exceeds any area needed to bring the right-of-way up to County local (minor) road standards. 1) Exemption a) Where 100% compensation cannot be provided through traffic impact credit, or where the County chooses to pay cash, the applicant shall dedicate an amount of land comparable in value to the percent of compensation provided and shall reserve the balance of the .right-of-way deficiency; the location and configura- tion of said dedication and reservation areas shall be approved by the Public Works Director. c) Dedication of Minor (local) Road Right -of -Way Any applicant for building permit approval for the construction of a dwelling on a site abutting a public or private roadway classified as a minor (local) road by the terms of the County Thoroughfare Plan shall dedicate sufficient land to make up his share of the road right- of-way deficiency. There shall be no compensation given for the dedication of minor (local) road right-of-way. 1) In cases where the planning director and the public works director determine that, due to physical and design constraints, a deficient minor roadway segment cannot be brought up to County standards in the future, the dedication and/or reservation requirement may be waived. (2) Access shall be restricted, on single-family lots having _frontage on more than one roadway, 4¢¢044/ 44 1/160/116jtOO to the roadwav with the lower functional classification. CODING: Words in 0ttA0X7LrXr0A4M type are deletions from existing law; words underlined are additions. ORDINANCE NO. 88 - Section 4 Section 10(c)(2) of Appendix B, the Subdivision and Platting Code, Indian River County Code of Laws and Ordinances is hereby amended as follows. 2) Compliance with County Thoroughfare Plan The Indian River Count official standard for road improvements, des determining access req roads. Thoroughfare Plan shall dedicating rights-of-wa 4nating traffic control irements, including mai serve as the designing devices and final access Any applicant for plat approval for a project abutting an existing roadway which has an existing road right- of-way deficiency shall dedicate, via the final plat, sufficient land to correct the road right-of-way deficiency for that segment of the roadway abutting the project. Wherever a road right-of-way deficiency exists, the deficiency shall be made up by dedication of equal amounts of land from each side of the existing riaht-of-way. except where: 1s a drainage district canal right-of-way or a rail- road right-of-way abuts one side of the existing road right-of-way; or 2* at least one-half of the required road right-of-way has been provided by the property on the opposite side of the existing road right-of-way; in which case, the entire road right-of-way deficiency will be made up by dedication of land from the opposite side of the existing right-of-way. (b) Plat applicants shall, where right-of-way deficiencies exist for right-of-way abutting a project, dedicate the fair share of any right-of-way needed to bring an abutting road (local, collector, or arterial) right-of- way up to local (minor) road standards as defined in the Thoroughfare Plan. Said dedications are deemed neces- sary to serve the proposed development itself and shall not be creditable for compensation. (c) Dedication of Thoroughfare Plan Road Right -of -Way Any applicant for plat approval for a project abutting an existing roadway designated on the County Thorough- fare Plan where the roadway has a road right-of-way _deficiency shall dedicate, at a minimum, sufficient land to make up his share of the road right-of-way defici- ency. The applicant shall receive through traffic impact fee credits, or residential density transfers, or where the County chooses to pay cash, 100% compensation for the value of the land area dedicated for road right-of-way, which exceeds any area needed to bring the right-of-way up to County local (minor) road standards. 1) Exemption a) Where 100% compensation cannot be provided through traffic impact credit, or density transfers, or where the County chooses to pay CODING: Words in 4tt7WftAtOlAM type are deletions from existing law, words underlined are additions. for Existin a. Right -of -Way Roadways Dedication and Reservation Any applicant for plat approval for a project abutting an existing roadway which has an existing road right- of-way deficiency shall dedicate, via the final plat, sufficient land to correct the road right-of-way deficiency for that segment of the roadway abutting the project. Wherever a road right-of-way deficiency exists, the deficiency shall be made up by dedication of equal amounts of land from each side of the existing riaht-of-way. except where: 1s a drainage district canal right-of-way or a rail- road right-of-way abuts one side of the existing road right-of-way; or 2* at least one-half of the required road right-of-way has been provided by the property on the opposite side of the existing road right-of-way; in which case, the entire road right-of-way deficiency will be made up by dedication of land from the opposite side of the existing right-of-way. (b) Plat applicants shall, where right-of-way deficiencies exist for right-of-way abutting a project, dedicate the fair share of any right-of-way needed to bring an abutting road (local, collector, or arterial) right-of- way up to local (minor) road standards as defined in the Thoroughfare Plan. Said dedications are deemed neces- sary to serve the proposed development itself and shall not be creditable for compensation. (c) Dedication of Thoroughfare Plan Road Right -of -Way Any applicant for plat approval for a project abutting an existing roadway designated on the County Thorough- fare Plan where the roadway has a road right-of-way _deficiency shall dedicate, at a minimum, sufficient land to make up his share of the road right-of-way defici- ency. The applicant shall receive through traffic impact fee credits, or residential density transfers, or where the County chooses to pay cash, 100% compensation for the value of the land area dedicated for road right-of-way, which exceeds any area needed to bring the right-of-way up to County local (minor) road standards. 1) Exemption a) Where 100% compensation cannot be provided through traffic impact credit, or density transfers, or where the County chooses to pay CODING: Words in 4tt7WftAtOlAM type are deletions from existing law, words underlined are additions. ORDINANCE NO. 88 - cash, the applicant shall dedicate an amount of land comparable to the percent of compen- sation provided and shall reserve the balance of the right-of-way deficiency; the location and configuration of said dedication and reservation areas shall be approved by the Public Works Director. Dedication of Minor (local) Road Right-of-Wa Any applicant for plat approval for a project abutting an existing public or private roadway classified as a minor (local) road by the terms of the County Thoroughfare Plan shall dedicate sufficient land to make up his share of the road right-of-way deficiency. There shall be no compensation given for the dedication of minor (local) road right-of-way. Right-of-way Creation All rights-of-way created via plats shall conform to the standards specified herein. All created rights-of-way shall be considered project -related improvements and shall not be creditable for compensation. Minimum street widths. The minimum street widths shall be as follows: Minimum Minimum Right -of -Way Pavement Street Types Width (feet) Width (feet) Principal Arterial 120 *24-48 (Arterial) Minor Arterial PtjvhAtt 100 *24-48 (Primary Collector) $¢¢¢16914tt Collector streets 80 *24-36 (Secondary Collector) Subdivision U¢0¢t Collector Roads 60 24 (Subdivision Feeder) Local, Minor or Residential streets (with swale drainage) 60 +20 Local, Minor or Residential (closed drainage, curb & gutter) 50 +20 Marginal access roads 40 (easement or +20 right-of-way) *The minimum width shall be twelve (12) feet per lane. +The minimum required pavement width is twenty-two (22) feet for two-way streets servicing projects requiring site plan approval. Two-way streets and access roads servicing heavy commercial or industrial uses shall have a minimum pavement width of twenty-four (24) feet. CODING: Words in¢fM¢M type are deletions from existing law; words underlined are additions. ORDINANCE NO. 88 - 4 The Board may require the increase of right-of-way and pavement widths if it finds that the modification in width is consistent with the projected traffic needs and good engineering practice. No variance will be granted on minimum right-of-way widths for public streets. Right-of-way widths for one-way private streets may be reduced from the above standards as approved by the planning and development division (Ord. No. 86-70, §6, 10-28.86). Reef i nn 5 All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legisla- ture applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 6 The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. Section 7 If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, unoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. Section 8 The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgement that this ordinance has been filed with the Department of State, except for those provisions having ,a later effective date specifically prescribed herein. a f•z' fey; Approved and adopted by the Board of County`Commiss,o, s of Indian River County, Florida on this 19thday o..f` J'anuary;,3 x` 1988. BOARD OF COUNTY COMMISSIO.NERSS OF INDIAN RIVER _ COUNTY,:: FLORIDA r PC BY: Don C. Scurlock, Jr C airman CODING: Words in type are deletions from existing law, words underlined are additions. ORDINANCE NO. 88 - 4 Acknowledged by the Department of State of the State of Florida this lst day of February , 1988. EFFECTIVE DATE: Acknowledged from the Department of State received on this 4th day of 1988, atl0:00 AM/PM and filed in the office of the Clerk of the Board of Counfy Commissioners of Indian River County, Florida. William G. Collins II Assistant County Attorney Ro ert M. Keat ng, ector Community Developm t CODING: Words in�i¢j�fl�¢�i�I type are deletions from existing law, words underlined are additions.