HomeMy WebLinkAbout1986-41INDIAN RIVER COUNTY ORDINANCE NO. 86 - 41
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN
RIVER COUNTY CODE OF LAWS AND ORDINANCES, APPENDIX A, SECTION 25.4
(ORDINANCE NO. 85-5), PLANNED RESIDENTIAL DEVELOPMENT (PRD)
SPECIAL EXCEPTION STANDARDS AND PROCEDURES; CORRECTING SCRIVENER'S
ERRORS; DELETION OF SUBSECTION REGARDING AUTHORIZATION TO SUBMIT
PRELIMINARY PRD PLAN, REVISING UPDATED CONCEPTUAL PRD INFORMATION
REQUIREMENTS; REVISING CONSTRUCTION PRIOR TO FINAL PRD APPROVAL
REQUIREMENTS; AMENDING CONSTRUCTION AFTER FINAL PRD APPROVAL
REQUIREMENTS; REVISING FINAL PRD PLAN APPROVAL REQUIREMENT;
REVISING OCCUPANCY AND USE OF PREMISES REQUIREMENT; AMENDING
REQUIREMENTS FOR PRELIMINARY PRD PLAN SUBMISSION; REVISING
REQUIREMENTS FOR AUTHORIZATION TO APPLY FOR BUILDING PERMITS;
AMENDING REQUIREMENTS FOR TRANSFER OF LANDS, REVISING REQUIREMENTS
FOR DISCLOSURE OF REQUISITE INFORMATION PRIOR TO TRANSFER OF PRD
APPROVAL; PROVIDING FOR INCLUSION IN CODE; SEVERABILITY; AND
EFFECTIVE DATE.
NOW, THEREFORE, be it ordained by the Board of County Commis-
sioners of Indian River County, Florida, that:
CORRECTION OF SCRIVENER'S ERRORS
A. Indian River County Code of Laws and Ordinances, Appendix A,
Section 25.4(b) is hereby amended to read:
Final Planned Residential Development (PRD) Plan approval, as
provided herein, shall constitute full compliance with the
subdivision regulations of the County. Final A?0 PRD Plan
approval shall entitle the applicant to all the privileges of
recording a final plat afforded under the subdivision
regulations.
In the event of conflict between this section and other
zoning and subdivision regulations of the County, the pro-
vision of this article shall prevail to the extent of such
conflict.
In the event of conflict between this section and the
building and safety codes of the County, the provisions. of
the building and safety codes shall prevail to the extent of
such conflict.
Be Indian River County Code of Laws and Ordinances, Appendix A,
section 25.4(e)(6)b.i. is hereby amended to read:
Credit for Golf Courses and Similar Major Recreational
Facilities. It is the intent of this provision to encourage
the accessibility of all open space areas to individual
dwelling units within Planned Residential Developments. The
following standards shall be utilized in calculating credit-
able space areas for major recreational facilities:
-- If more than sixty (600) percent of the total
residential dwelling units within the PRD abut or are
adjacent to and have direct visual access to the golf
course or major recreational facility, one hundred
(100%) percent of the area contained therein shall be
credited towards open space;
Other
Regulations
Coordination
with
Final Planned Residential Development (PRD) Plan approval, as
provided herein, shall constitute full compliance with the
subdivision regulations of the County. Final A?0 PRD Plan
approval shall entitle the applicant to all the privileges of
recording a final plat afforded under the subdivision
regulations.
In the event of conflict between this section and other
zoning and subdivision regulations of the County, the pro-
vision of this article shall prevail to the extent of such
conflict.
In the event of conflict between this section and the
building and safety codes of the County, the provisions. of
the building and safety codes shall prevail to the extent of
such conflict.
Be Indian River County Code of Laws and Ordinances, Appendix A,
section 25.4(e)(6)b.i. is hereby amended to read:
Credit for Golf Courses and Similar Major Recreational
Facilities. It is the intent of this provision to encourage
the accessibility of all open space areas to individual
dwelling units within Planned Residential Developments. The
following standards shall be utilized in calculating credit-
able space areas for major recreational facilities:
-- If more than sixty (600) percent of the total
residential dwelling units within the PRD abut or are
adjacent to and have direct visual access to the golf
course or major recreational facility, one hundred
(100%) percent of the area contained therein shall be
credited towards open space;
-- If between thirty (30%) percent and sixty (600) percent
of the total residential dwelling units within the PRD
are adjacent to and have direct visual access to the
golf course or major recreational facility, seventy-five
(75%) percent of the area contained therein shall be
credited towards open space; and
-- If less than thirty (30%) percent of the total residen-
tial dwelling units within the PRD are adjacent to and
have direct visual access to the golf course or major
recreational facility, fifty (500) percent of the area
contained therein shall be credited towards open space.
All golf courses and other major recreation facilities
included as open space for the PRD shall be permanently
reserved and maintained as common open space through deed
restrictions or other legal instruments, approved by the
County Attorney.
Indian River County Code of Laws and Ordinances, Appendix A,
Section 25,4(I)(2) is hereby deleted in its entirety.
Indian River County Code of Laws and Ordinances, Appendix A,
Section 25.4(I)(3)(b)i. is hereby amended to read:
Updated Conceptual PRD Information. The preliminary PRD plan
shall include all information required for the submission of
the conceptual plan, including
44fO At40 i//r)Waf7WiHg: number, size, location and maximum
density proposed for the entire PRD, and for each proposed
phase, such that when the proposed phase densities are
totalled, they do not exceed the total proposed maximum
density for the entire PRD. Other information shall include:
-- the development schedule,
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-- open space and recreation areas;
-- vehicular and pedestrian circulation;
-- environmental conditions,
-- transportation and other public facility impacts, and
-- transfer of density from environmentally sensitive
areas.
Indian River County Code of Laws and Ordinances, Appendix A.
Section 25.4(3)(1) is hereby amended to read:
Construction Prior to Final PRD Approval. Upon approval of the
Preliminary PRD Plan, an applicant may choose to apply for a Land
Development Permit in order to commence construction of required
improvements for the entire PRD or for approved phases. If the
applicant chooses to obtain a Land Development Permit, he or she
shall submit all construction plans and specifications required
pursuant to Section 7(E)(3) of the Indian River County Subdivision
and Platting Ordinance. All required improvements shall be
completed J6t11Wo1/AP444,64t in accordance with the issued land
development permit prior to Final PRD Plan approval.
Indian River County Code of Laws and Ordinances, Appendix A,
Section 25.4(3)(2) is hereby amended to read:
Construction After Final PRD Approval. Upon approval of the
Preliminary PRD Plan, if an applicant does not choose to commence
construction prior to obtaining Final PRD approval, he or she
shall submit all construction 4plans and specifications required
for a Land Development Permit pursuant to Section 7(E)(3) of the
Indian River County Subdivision and Platting Ordinance at the time
of final PRD Plan approval. Security will be required for the
performance and maintenance of all improvements, f95jt//tom//q(d-V: i/e
in accordance with Section 8 of the
Indian River County Subdivision and Platting Ordinance. The
security shall guarantee the construction of improvements in
accordance with the issued land development permit, for the entire
PRD or phases) to receive final PRD plan approval.
Indian River County Code of Laws and Ordinances, Appendix A,
Section 25.4(1)(1) is hereby amended to read:
Authorization to Submit. 416���bX//b/�///tth'a'//1�XXiX�i
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hy/ / /16041. d / /,b/f/ / /ag(Vi y' 1tibih4fibdb/14tA/ . An approved
preliminary PRD plan and the issuance of a land development
permit shall constitute authority for the applicant to submit
a final PRD plan prepared in accordance with the approved
preliminary PRD plan and any conditions as may have been
required.
Furthermore, the applicant shall also furnish all such
supplementary information as may have been required 16pi1kkAlb
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jEy4¢//p //V91011V4aib as a condition of conceptual PRD
plan approval or as may have been required as a condition of
preliminary PRD plan approval.
Indian River County Code of Laws and Ordinances, Appendix A,
Section 25.4(m) is hereby amended to read:
Occupancy and use of premises; director's certification.
Prior to the use or occupancy of any portion of the planned
development project, the Planning and Development director
shall determine that all of the requirements of the final PRD
plan have been' complied with, including completion and
inspection of all required improvements, for that portion of
the planned residential development project for which
approval of use or occupancy is being required".
DISCLOSURE OF INFORMATION, SUSPENSION OF APPROVAL CONSIDERATION
Indian River County Code of Laws and Ordinances, Appendix A,
Section 25.4(p)(2) is hereby amended to read:
Disclosure of requisite information. Failure to make the
required disclosure and assumption shall suspend all PRD
special exception and plan approvals, and all consideration
of any other applications for development approval on the
subject property, until such time as proper disclosure and
assumption is made.
Indian River County Code of Laws and Ordinances, Appendix A,
Section 25.4(i)(3)a. is hereby amended to read:
General Requirements. A11 preliminary PRD plans shall
include all information required for the submission of
preliminary plats, as provided in the Indian River County
Subdivision and Platting Regulations, as well as a site plan,
as provided in Section 23 of this code.
Applicants of large-scale rojects, defined as projects that
generate 1000 average daily trips or more, are not required to
submit a site plan as part of the preliminary PRD plan. A
preliminary plat is required, however. Applicants of large-
scale projects may apply fora land development permit for
common infrastructure and other improvements based on an
approved preliminary PRD plan that does not include a site
plan. No building permits shall be issued for any structures
in the project or project phase until a site plan has been
approved for such structures.
Indian River County Code of Laws and Ordinances, Appendix A,
Section 25.4(k)(1) is hereby amended to read:
Authorization to Apply for Building Permits. Upon issuance
of the Land Development Permit, the applicant shall be
authorized to apply for building permits for all structures
within the area which the land development permit is appli-
cable, whether it be for the entire development or approved
phase(s)j unless otherwise restricted or prohibited by
Section 25.4(I)(3) of this code.
Indian River County Code of Laws and Ordinances, Appendix A,
Section 25.4(k)(2) is hereby amended to read:
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Transfer of Lands Restricted. The ownership of any lands
within the PRD shall not be transferred by fee simple title
to any parties until after the final PRD plan has been
approved and final plat recorded, with the following
exception. Development tracts within large-scale projects,
defined as projects that generate 1000 average daily trips or
more, may be transferred prior to final PRD plan approval if
the following conditions are satisfied:
(a) the project has received conceptual PRD plan special
exception approval, preliminary PRD plan approval for a
phase or phases, and a land development permit for
common required improvements has been issued and
construction of said improvements has been completed,
(b) the applicant has formed or is part of an association
that governs and is responsible for all activities and
obligations of all parties that will be developed within
the entire PRD project area, ensuring a unified control
of the total PRD project;
(c) appropriate deed restrictions are recorded, ensuring
development of all tracts to be in accordance with the
approved conceptual PRD plan69
s
(d) said association and corresponding documents and deed
restrictions are acceptable in form to the County
Attorneys
(e) the applicant agrees in writing that the development
tracts will be subject to the site plan and subdivision
requirements pursuant to final PRD plan approval and any
other applicable requirements and permits prior to their
development and occupancy by, or marketing to, the
ultimate intended users. The applicant shall be
responsible for recording any restrictions or
association documents.
Satisfaction of these conditions and County approval of such
property transfers shall be deemed to be in conformance with
all applicable subdivision regulations.
The Ordinance shall be incorporated into the Code of Indian River
County 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
purposes.
If any provision of this Ordinance or the application thereof to
any person or circumstances is held invalid, it is the legislative
intent that the invalidity shall not affect other provisions or
applications of this Section which can be given in effect without
the invalid provision or application, and to this end, the
provisions of this Section are declared severable.
The provisions of this Ordinance (No. 86-41 ) shall become
effective upon receipt from the Secretary of the State of Florida
of official acknowledgement that this Ordinance has been filed
with the Department of State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 18th day of June ,
1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By
Don C. Sc r"aoek,; J =Chairman
Ordinance No. 86 - 41
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
By?�
Bruce Barkett, County Attorney
Acknowledgement by the Department of State of the State of Florida
this 2-1rd day of June , 1986.
Effective Date: Acknowledgement from the Department of State
received on this 26th day of June 1986, at 11:00
a.m./p.m. and filed in the Office of the Clerk of the Board of
bounty Commissioners of Indian River County, Florida.
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