Loading...
HomeMy WebLinkAbout1993-29y; ORDINANCE 93-29 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 901, DEFINITIONS; CHAPTER 902, ADMINISTRATIVE MECHANISMS; CHAPTER 911, ZONING; CHAPTER 912, SINGLE FAMILY DEVELOPMENT; CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER 914, SITE PLAN REVIEW AND APPROVAL PROCEDURES; CHAPTER 915, PLANNED DEVELOPMENT (P.D) PROCESS AND STANDARDS FOR DEVELOPMENT; CHAPTER 954, OFF-STREET PARKING; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,,. CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County that the Indian River County land development regulations (LDRs) are amended as follows. SECTION 1. Residential Resort Projects SECTION 1A: Section 971.41(11) is hereby amended as follows: (11) Residential Resort (special exception): (a) Intent: To provide inwardly focused resort housing, compatible with and similar to multiple family housing in terms of function, designed for resort and vacation stays, and providing on-site amenities and supporting services. (b) Districts requiring special exception approval (pursuant to the provisions of 971.05): RM -6, RM -81 RM -10 (c) Additional information.requirements: 1. Provide a planned development application and plans conforming with all requirements of Chapter • 915 which shows: a. All residential structures (including typical floor plans and elevations)_, number of units, and density; b. All accessory structures and uses, and their locations and dimensions; c. Location, width, composition and a cross- section of all buffer areas; d. Design, location, and access to all recreational and natural resource-based amenities. (d) Criteria for Residential Resort Use: 1. The site must have direct access to a collector or arterial roadway as defined and identified in the Traffic Circulation Element of Indian River County's Comprehensive Land Use Plan. 2. All living units must have cooking facilities and access to on-site laundry facilities. 3. Each living unit shall constitute a dwelling unit in terms of land use density calculations; the total project dwelling unit density shall not exceed the density allowed in the underlying zoning district. Coding: Words in . • -• •� type are deletions from existing law. Words underlined are additions. 1 4. Accessory uses may include meeting rooms or clubhouses for the exclusive use of the occupants and guests of occupants of the residential resort facility; housekeeping, laundry and maintenance facilities; employee parking; swimming pools; tennis courts and other recreational uses and structures; dining structures or rooms for the use of the occupants of the residential resort. No accessory use shall be established or conducted for the purpose of engaging in a business operation or activity other than to support and provide services and activities to occupants and guests of occupants of the residential resort. The accessory use shall not be operated or promoted in such a manner as to invite the patronage of the general public. 5. Parking spaces for reach unit of resort housing shall be provided consistent with the parking requirements for hotel uses. Adequate parking for accessory structures and uses shall be provided in accordance with applicable Chapter 954 standards. 6. A Type "A" buffer shall be provided along the boundary of the residential resort site where the site abuts residentially designated property. A Type "B" buffer shall be provided along the perimeter of the residential resort site boundary that is adjacent to public or private road rights- of-way. 7. The area of the residential resort project shall be a minimum of fifty (50) acres. No portion of the residential resort project area shall consist of any portion of an existing or approved (eg site plan or PD/PRD plan approved) multi-familv or single-family residential project. Residential resort proiects shall include property SECTION 1B: Section 901.03 definition of "residential resort" is amended as follows. Residential resort: a planned development of not less than fifty (50) acres, containing resort housing and accessory recreational amenities, designed for extended resort and vacation stays. SECTION 2. Limited Automotive Repair Uses in CL Section 971.45(1) of the LDRs is hereby amended as follows: (1) Automotive fluids, products, sales and service other than gasoline (administrative permit). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CL, IG (b) Additional information requirements: Coding: Words in Miremolne • type are deletions from existing law. Words underlined are additions. 2 1. A site plan meeting all requirements of Chapter 914 which shows the land use and zoning designation of all properties within one hundred (100) feet of the site; 2. A hazardous waste survey form specifying all hazardous wastes handled, used, and generated on- site. (c) Criteria for automotive fluids, products, sales and service other than gasoline in the CL district: 1. Service of automobiles shall be within an enclosed building; outside sale of products is prohibited; 2. Maintenance and services performed shall be limited to the draining and replacement of fluids and minor parts replacement (filters, lights, wipers)I, and limited automotive repairs. Limited automotive_ repair services such as replacement of batteries, tires, and bolt on replacement parts, and tune-ups and minor adjustments may be allowed. General repair services such as engine or transmission replacement or rebuilding, and paint and body workL are expressly prohibited; 3. No outdoor storage shall be permitted; 4. All generated hazardous waste shall be stored, handled, and disposed of in a manner acceptable to the environmental health and county utilities departments; 5. All tanks and facilities for the storage of petroleum oils and other flammable liquids shall be located MTERNS7• • within an enclosed building or underaround or located outdoors and completely visually screened, and shall be suf setback requirements of the applicable ect to all district. 6. Transmissions from audio speakers outside enclosed buildings are prohibited. 7. Buildings in which limited automotive repair services are performed shall be located a minimum of one hundred feet (1001) from any residentially designated property. (d) Criteria for automobile products, sales and service other than gasoline in the IG district: 1. The use shall be subject to the restrictions and requirements of the applicable fire department, in order to ensure adequate separation from heavy industrial uses which may pose a safety hazard; 2. All tanks and facilities for the storage of petroleum oils and other flammable liquids shall be either located •- • • within an enclosed building or underground or located outdoors and be com letel visually screened • - -• and shall be -subject to all setback requirements of the applicable district. Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 3 i SECTION 3: Farmworker and Migrant Housing Amendments SECTION 3A The definition of "Dwelling, Tenant" is hereby added to Section 901.03 of the Definitions Chapter of the Land Development Regulations to read as follows: Dwellings, Tenant (Farmworker Housing) dwelling units, either a single-family residence or mobile home, rented or reserved for occupancy by five or fewer unrelated farmworkers, either annual, seasonal, temporary or migrant, or occupied by a family of related persons whereby a minimum of one member of the family is a farmworker, either annual, seasonal, temporary or migrant. Such a tenant dwellings shall be inhabited solely by individuals, and their family members, who are employed in active on-site agricultural operations involving the property on which the tenant dwellings are located. SECTION 3B: The definition of "Residential Migrant Housing Facility" is hereby added to Section 901.03 of the Definitions Chapter of the Land Development Regulations to read as follows: Residential Migrant Housing Facility (Migrant Labor Camp, Labor Camp) a facility licensed by the State of Florida consisting of one or more buildings, structures, barracks or dormitories, mobile homes, and any portion thereof, together with the land appertaining thereto, constructed, established, operated, or turnisnea as an incident of employment as living quarters for seasonal, temporary or migrant farmworkers and their families, whether or not rent is paid or reserved in connection with the use and occupancy of such premises. SECTION 3C: A portion of the use table listed in Section 911.06(4) is hereby amended to read as follows (all other portions of the table to remain as currently adopted): Agricultural Uses Tenant Dwelling© Residential Migrant Housing Facility S S SECTION 3D: A portion of the Table of Uses listed 971.06 is hereby amended to add the following item portions of the table to remain as currently adopted): Residential Migrant Housing Facility 971.08(14) in Section (all other SECTION 3E: Section 971.08(13) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended to read as follows: (13) Tenant Dwellings (special exception). (a) Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3. Coding: Words in • -• ,� type are deletions from existing law. Words underlined are additions. (b) Additional information requirements: 1. The applicant shall submit a site plan, conforming to the requirements of Chapter 914, which shall include floor plans showing the size and dimensions of all rooms and list the maximum number of persons who may occupy the structure pursuant to state regulations; 2. The owner shall submit an atriaay.iz sLaLinq LUMLeLeM that the - •IMM91 tenant dwelling shall be inhabited solely by individuals and their M families, who • • - - are employed in active on-site agricultural operations or agricultural operations located on other properties under the same ownership as the subject (project) site; and 3. Proof that the land upon which the tenant dwelling® shall be located is classified as agricultural land for purposes of ad valorem tax assessment; (c) Criteria for tenant dwellings: 1. Such use shall be accessory to • • active agricultural operations occurring on-site or on other properties, under the same ownership as the subject (project) site, which are used for active agricultural operations, and shall be located on a site having a minimum of 111MENIff twenty (20) acres of land; 2. The number of tenant dwelling units shall not exceed the maximum density allowed on the subject property upon which the dwellings shall be located and upon surrounding properties legally attached to the project for density transfer purposes. The project site shall comply with the open space and lot coverage requirements of the applicable zoning district; 3. To protect adjacent and future land uses, tenant dwellings and accessor structures shall be located at least rfiffeMoMMMINMEM21 fifty (50) feet from all property lines. It shall be the owner's responsibility to ensure that any future subdivision of the subject lands upon which the tenant dwellings are located may be accomplished in compliance with all applicable county regulations; 4. The tenant dwelling units Q• shall be aiaiaaii inhabited solely by individuals •- • and their families (if any), who • • are employed in active on-site agricultural operations or agricultural operations on other properties under the same ownership as the subjectproject) propertyl. Units, - which may include mobile homes, shall satisfy all applicable provisions of the housing code and building code of Indian River County; Coding: Words in • • - • type are deletions from existing law. Words underlined are additions. 5 tenant dwellings which provide common transportation facilities for the residents of the dwelling; • , . • - or otherwise modified in compliance with the provisions of Section 954.10; and 7. No tenant dwelling units shall be located within the boundary limits of the Indian River County Urban Service Area as established by the Comprehensive Plan. SECTION 3F: Section 971.08(14) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby established to read as follows: (14) Residential Migrant Housing Facility (special exception) Districts re 7uiring special exception approval (pursuant sions of 971.05): A-1 A-2 A-3 (bZ Additional information requirements: 1. The applicant shall submit a site plan which shall include floor plans showing the size and dimensions of all rooms and list the maximum number of persons who may occupy each structure pursuant to state regulations; 2. The owner of the facility shall submit an affidavit stating: The facility shall be inhabited solely by individuals, and their families (if any), who are migrant farmworkers employed in active agricultural operations; facilit e uivalenz awellln unit wr itvc wIIuaxI .w of the dwelling units for the facility, which ever is greater, may be occupied on a year- round basis by facility caretakers, and their family members; 3. Proof that the land upon which the facility shall be located is classified as agricultural land for purposes of ad valorem tax assessment; and 4. A site plan meeting all requirements of Chapter_ 914. (c) Criteria for migrant labor camps: 1. Such use shall be accessory to active on-site agricultural operations; 2. The facility shall be located on a site having a minimum size of twenty (20) acres of land. 3. The approving body shall determine that the proposed use is compatible with surrounding areas Coding: Words in • • - • type are deletions from existing law. Words underlined are additions. 6 in terms of in of land use. As a measure of land use intensity, the maximum number of persons per acre for the proposed use shall be limited to four (4) persons per acre. Calculations determining the maximum number of residents shall be based upon the area of the subject property and upon the area of surrounding properties legally attached to the project for density transfer purposes The persons per acre intensity of the facility on the subject (project) site shall not exceed one and one-half (11) times the intensity of any adjacent residential zoning district; 4. All residential and accessory structures for the facility shall be located a minimum of fifty (50) feet from all property lines; 5. Development of the facility shall comply with all open space and lot coverage requirements of the site's respective zoning district; 6. The facility shall be inhabited solely by individuals, and their families (if any), who are employees of active agricultural operations; 7. The Board of County Commissioners may reduce parking requirements for the facility by a maximum of one-half () the total number of required space for facilities which provide common transportation facilities for migrant labor camp residents; 8. Paving requirements may be waived or otherwise modified in compliance with the provisions of Section 954.10; and 9. No migrant labor camp shall be located closer than one (1) mile from any other migrant labor camp, and no migrant labor camp shall be located within the boundary limits of the Indian River County Urban Service Area as established by the Comprehensive Plan. SECTION 3G: Section 954.05 of the Off -Street Parking Chapter is hereby amended to add the following item to the listing of uses in the appropriate alphabetical order (all other portions of the list to remain as currently adopted): Tenant Dwellings. Two spaces for each dwelling unit. SECTION 3H: Section 954.05 nded to add the fo riate alphabetical main as currentli of the Off -Street Parking Chapter is llowing item to the listing of uses in order (all other portions of the list Residential Migrant Housing Facility. (a) For facilities utilizing a single-family, multiple -family or mobile homes residential structures: two parking spaces for each residential unit, either single-family, multiple -family or mobile home. (b) For facilities utilizing dormitory or barracks residential structures: one parking space for every three (3) residents of the facility's maximum licensed capacity, whether or not the facility is fully occupied. Coding: Words in • :•!-• • type are deletions from existing law. Words underlined are additions. 7 (c) For facilities utilizing both residential structure types previously listed in (a) and (b), the facility shall utilize both calculation methods as appropriate for each structure to obtain the total parking liability. SECTION 4: Affordable Housing Density Bonus Provision SECTION 4A: "Dwelling Unit, Affordable" is hereby added to Chapter 901, Definitions, of the Indian River County Land Development Regulations as follows: Dwelling unit, affordable a dwelling unit occupied by a household paying not more than thirty percent (30%) of its gross income for housing cost. Such cost for owner -occupied units includes mortgage principal and interest, taxes, insurance and utilities. Housing cost for renter -occupied housing includes contract rent and utilities. The households occupying such affordable dwelling units shall be classified as very low-income, low-income or moderate - income households. SECTION 4B: "Household, Very Low -Income" is hereby added to Chapter 901, Definitions, of the Indian River County Land Development Regulations as follows: Household, Very Low -Income one or more natural persons or a family that has a total annual adjusted gross income for the household that does not exceed fifty percent (50%) of the median annual adjusted gross income for families within the county as established by the Florida Housing Finance Agency. SECTION 4C: "Household, Low -Income" is hereby added to Chapter 901, Definitions, of the Indian River County Land Development Regulations as follows. Household, Low-income one or more natural persons or a family that has a total annual adjusted gross income for the household that is greater than fifty percent (50%) but does not exceed eighty percent (80%) of the median annual adjusted gross income for families within the county as established by the Florida Housing Finance Agency. SECTION 4D: "Household, Moderate -Income" is hereby added to Chapter 901, Definitions, of the Indian River County Land Development Regulations as follows: Household, Moderate -income that has a total annual a that is greater than eight hundred twenty percent (12 income for families within Housinq Finance Aqency. one or more natural persons or a family [lusted gross income for the household percent (80%) but does not exceed one i%) of the median annual adjusted gross :he county as established by the Florida SECTION 4E: Section 911.14(4), Density Bonus, of the County's Land Development Regulations is hereby amended as follows: (4) Density Bonus (a) Affordable Housing. Residential developments may receive a density bonus not to exceed twenty ( 20 ) percent of the density permitted by the applicable land use designation. or • • of • Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 8 ORDINANCE 93- 29 For the purposes of this section, Ilan affordable dwelling unit shall be a dwelling unit which: a. Has a market value less than two 2 times ei hty 80 percent of the hOLIsehold inconie of non -adjusted annual median family income for Indian River County as established by the Florida Housing_Finance A enc ; or non -adjusted annual median family income for Indian River County as established by the Florida Housing Finance A enc Affordable dwelling units provided in compliance with this section, regardless of whether or not the affordable dwelling units are part of a Planned Development project, shall comply with the following requirements: a. The affordable dwelling unit(s) shall remain available as affordable dwelling unit(s) for the following periods: i. Owner -occupied units shall remain affordable dwelling units for a period of not less than 20 years commencing on the first day following the issuance of a Certificate of Occupancy, or equivalent final building inspection, for the unit. ii. Renter -occupied units shall remain affordable dwelling units for a period of not less than 15 years commencing on the first day following the issuance of a Certificate of occupancy, or equivalent final building inspection, for the unit; Initial affordab ied a household classified as very-iow income, iow- income or moderate -income whereby the classification is verified by the Indian River County Community Development Department or an agency, either public or private, designated by the Community Development Department. Subsequent owners of the owner -occupied affordable dwelling unit shall not be required to be classified as very low-, low- or moderate -income (Reference subsection 911.14 4 a 2.d. c. Households occupying an affordable housing rental unit shall be classified as very low-, low-, or moderate -income households whereby the classification is verified by the Indian River County_ Community Development Department, or its designee, prior to the household's occupancy of the unit. While occupying the affordable housing rental unit, Coding: Words in . • • type are deletions from existing law. Words underlined are additions. 9 a household's annual adjusted gross income may increase to an amount not to exceed one hundred forty percent (140%) of one hundred twenty percent (120%) of area median income adjusted for household size.); d. With respect to owner -occupied affordable dwelling units provided under the provisions of the section. i. The owner -occupant's household annual adjusted gross income may increase without limit following the household's purchase of the affordable dwelling unit; and ii. Resale of an affordable dwelling unit by the initial owner or any subsequent owner within the 20 year timeframe, as identified in subsection (4)(a)2.a.1., shall be subject to one of the following provisions: a. If the purchasing household is not verified to be either a very low-, low-, or moderate -income household (subsection (4)(a)2.c.), then the selling household shall be subject to providing a cash payment, entitled a windfall elimination penalty, to the Indian River County Local Housing Assistance Trust Fund. The windfall elimination penalty shall be calculated by applying the windfall recapture provisions of the county's Local Housing Assistance Program. b. If the purchasing household is verified to be either a very low-, low-, or moderate -income household (subsection (4)(a)2.c.), then the selling household shall not be required to provide a windfall elimination penalty payment. e. For projects utilizing the provision of on- site or off-site affordable dwelling units, no Certificate for occupancy for a market rate priced dwelling unit shall be issued unless the ratio of market rate dwelling units Certified for Occupancy to affordable dwelling units Certified for Occupancy is equal to or greater than the overall project's approved ratio of market rate dwelling units to affordable dwelling units. f. Prior to the issuance of a Certificate of Occupancy for the affordable dwelling unit(s), a separate private deed covenant, entitled a "Restriction on Transfer", shall be filed in the Public Records of Indian River County. The covenant shall be subject to review and approval by county staff in order to -verify compliance with the requirements of this section, and the covenant shall. Coding: Words in In-• • type are deletions from existing law. Words underlined are additions. 10 i. Identify the subject unit as an affordable dwelling unit and specify that at no time may the identified unit be utilized as a model home, construction office or other non-residential occupancy use; and ii. Identify the unit's corresponding 15 or 20 year affordability timeframe pursuant to subsection (4)(a)2.a; and iii. Identify that the initial owner and each subsequent owner of an owner -occupied affordable dwelling unit must satisfy and comply with the windfall recapture provisions referenced in subsection (4)(a)2.d.ii.; and iv. Identify the Board of County Commissioners of Indian River County or its Community Development Department or the Indian River County Housing Authority as its designee, as the agency with enforcement and verification authority to enforce the terms of the covenant, and as the contact agency for closing agents to obtain estoppel letters; and v. Identify any additional terms or conditions relating to the provision of the affordable dwelling unit as established by the Board of County Commissioners via its review and approval of the corresponding Planned Development Approval. iv. Specify that monitoring the occupancy of the affordable dwelling unit shall be included in the compliance monitoring activities of the county's Local Housing Assistance Program, or a suitable substitute determined by the Indian River County Board of County Commissioners. vii. Specify that no provision of the restrictive covenant may be amended without the consent of the Board of County Commissioners of Indian River County. 3. An applicant may obtain a development density bonus for a Planned Development project in compliance with one of the following options: a. An applicant may obtain a density bonus by providing affordable dwelling units within the residential development project which will utilize the density bonus. For development ects utilizing the on-site affordable dwelling unit density bonus, ©the affordable housing density bonus shall be determined as follows: Coding: Words in • -• • Q type are deletions from existing law. Words underlined are additions ORDINANCE 93 29 - Bonus (Percent increase in % of Total Project Project's Maximum Units Affordable Density - based upon (Including Density project's applicable Bonus Units) Land Use Designation) 10-20% 10% 1 21-30% 15% 31% + 20% b. An applicant may obtain a density bonus by providing affordable dwelling units off-site from the residential development project which will utilize the density bonus. For development projects utilizing the off-site e dwelling unit density bonus affordable housing density bonus shall be determined as follows: Total Number of of Off -Site Affordable Dwelling Units Provided as a Percent of Total On -Site Project Units Including Density Bonus Units Bonus (Percent Increase in Project's Maximum Density - based upon project's applicable Land Use Designation) C* An applicant may obtain a density bonus by providing a monetary contribution to the County's Local Housing Assistance Trust Fund. For residential development projects utilizing the monetary contribution to the County's Local Housing Assistance Trust Fund, the affordable housing density bonus shall be determined as follows: Bonus (Percent Increase in Project's Maximum Monetary Allowable Density - Contribution based upon project's applicable Land Use Designation) (Affordable Housing Production 3$ Cost Per Unit)* X (Unit Provision Factor)** X 0.50 (Affordable Housing Production 7% Cost Per Unit)* X (Unit Provision Factor)** X 0.80 (Affordable Housing Production 10S Cost Per Unit)* X (Unit Provision Factor)** X 1.20 Coding: Words in • • type are deletions from existing law. Words underlined are additions. ORDINANCE 93- 29 * Affordable Housing Production Cost Per Unit = (Indian River County's Non -adjusted Annual Median Family Income as established by the Florida Housing Finance Agency) X 0.85 ** Unit Provision Factor= 0.05 X (Maximum Allowable Project Density based upon Land Use Designation) X (Project Gross Acreage) SECTION 5: Changes from special exception uses to administrative permit uses. SECTION 5A A portion of the use table found in Section 911.07(4) is amended to read as follows (all other portions of the table to remain as adopted): Agricultural Uses Noncommercial Stable IA Residential Uses Guest Cottage and Servant's Quarters SECTION 5B: A portion of the use table found in Section 911.08(4) is amended to read as follows (all other portions of the table to remain as adopted): Agricultural Uses Noncommercial Stable it at Residential Uses Guest Cottage and A A A A A Servant's Quarters SECTION 5C: A portion of the use table found in Section 911.12(4) is amended to read as follows (all other portions of the table to remain as adopted): Residential Uses Guest Cottages and Servant's Quarters Coding: Words in . • type are deletions from existing law. Words underlined are additions. 13 ORDINANCE 93-29_ SECTION 5D: A portion of the use table found in Section 911.10(4) is amended to read as follows (all other portions of the table to remain as adopted): Commercial Services Uses Bed and Breakfast Food and Kindred Products Fruit and Vegetable packing houses Fruit and Vegetable juice extraction Community Services Uses Educational Services Educational Centers, including primary and secondary schools Colleges and Universities Transportation and Communication Uses Railroad/Bus Transportation Services Self-service Storage Facilities SECTION 5E: Section 971.08(12) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows: (12) Stables, noncommercial (administrative permit and special exception). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): Con -3, Con -21 RFD, RS -1 , RM -3, RM - 4, RM -61 RM -8, RM -10. Note to Editor: Adjust remaining criteria listing to reflect deletion of item (b). SECTION 5F: Section 971.12(3)(a) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows. (3) Self-service storage facilities (Ispecial exception administrative permit). (a) District requiring special exceptionadministrative permit approval, (pursuant to the provisions of 971.05): CG. See Section 971.12(4) for the self-service storage facility criteria for the CL Zoning District.) Coding: Words in . • -• • type are deletions from existing law. Words underlined are additions. 14 SECTION 5G: Section 971.12(4) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows. 4 Self-service storage facilities ,household ..•• (special exception). SECTION 5H: Section 971.14(4)(a) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows: (4) Educational centers including schools, primary and secondary (not including business and vocational schools) (special exception). (a)Districts requiring administrative permit approval (pursuant to the provisions of 971.04): OCR, MED, CN, CL, CG (& Districts requiring special exception (pursuant to the provisions of 971.05): A-11 A-21 A-3, RFD, RS -11 RS -21 RS -31 RS -61 RT -6, RM -3, RM -41 RM -61 RM -81 RM -101 ROSE -41 • , RMH-6, RMH-8, Con -1, Con -2, Con -3 Note: Adjust remaining criteria listing to reflect addition. SECTION 5I: Section 971.14(7)(a) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows: (7) College/university (special exception). Districts equiring administrative permit appro isions of 971.041: OCR, MED, CL, CG Districts requiring special exception (pursuant to the provisions of 971.05): • •, A-11 A-21 A-31 RFD, RS -11 RS -21 RS -31 RS -6, RM -31 RM -41 RM -61 RM -81 RM -10. Note: Adjust remaining criteria listing to reflect addition. SECTION 5J: Section 971.26(1) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows: (1) Fruit and vegetable juice extraction and packing houses (administrative permit and special exception). Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-11 A-2, A-3, CG, CH, IL. ® Additional information requirements: A site plan meeting all requirements of Chapter 914 which shows the zoning designation of all abutting properties. (Qc) Criteria for fruit and vegetable juice extraction and packing house: Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 15 r +� 1. The internal circulation system shall be designed in such a manner that it will not require trucks to back into the facility from any public right-of-way; 2. Retail sale of fruit and vegetables shall be allowed only when accessory to a packing house only with a CG districts 3. No off-street parking or loading area shall be located within fifty (50) feet of a property line abutting a residentially designated property; 4. Type "C" screening and buffering shall be required along all boundaries abutting.a zoning district other than the IL, IG, or CH. SECTION 5K: Section 971.41(4) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows. (4) Guest cottages and servant quarters (administrative permit and special exception use). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-11 A-2, A-3, RFD, RS -1 RT -6 RM -31 RM -41 RM -61 RM -81 RM -10, Con -2, Con -3. Note: Adjust remaining criteria listing reflect deletion. SECTION 5L: Section 971.44(3) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows. (3) Utilities, public and private; Limited (administrative permit and special exception). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1, A-21 A-2. RFD, RS -1, RS - 2, RS -31 RS -61 RT -6, RM -31 RM -41 RM -6, RM -81 RM -101 RMH-6, RMH-81 AIR -1, R-BCID, ROSE -41 CRVP, OCR, MED, CN, CL, CG, CH. Note: Adjust remaining criteria listing to reflect deletion. SECTION 5M: Section 971.45(3) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows. (3) Gasoline service stations (administrative permit and special exception). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CLI Coding: Words in �•® type are deletions from existing law. Words underlined are additions. 16 r Note: Adjust remaining criteria listing to reflect deletion. SECTION 6: Limited expansion of special exception uses. Section 971.05(3) shall be amended to read as follows: (3) Expansions and modifications to existing special exception uses that are not planned development projects (PD/PRD. Project applications proposing to expand an existing or approved special exception use to more than ten percent (10%) or ten thousand (10,000) square feet of floor area whichever is less, above the original or approved project intensity shall comply with all specific land use criteria contained herein that are specified for the use(s) involved in the proposed project and shall comply with the public hearing procedures of this chapter (971). Modifications to an existing or approved special exception use that do® not expand that use to more than ten percent (10%) or to more than ten thousand (10,000) square feet of floor area, whichever is less, above the original or approved project intensity shall comply with all specific land use criteria contained herein that are specified for the use(s) involved in the proposed project. However, the public hearing provisions of this chapter shall not apply. Applications for expansions or modifications that conflict with special exception use approval conditions approved by the Board of County_ Commissioners that limit project development intensity shall comply with the public hearing procedures of this chapter (971). SECTION 7: Site plan threshold changes. Section 914.06(1) shall be amended to read as follows: (1) Site plan thresholds. (a) Major site plans. The following projects shall constitute major site plan projects and shall require, except as noted in paragraph 5 below, major site plan approval. 1. Residential projects having three (3) or more dwelling units. 2. Nonresidential projects comprised of five thousand (5,000) square feet or more or new impervious surface area, or projects comprised of new impervious surface area representing more than ten (10) percent of the site/area of development, whichever is less. 3. Nonresidential projects adding or replacing two thousand (2,000) square feet or more of building gross floor area. 4. Where three (3) or more minor site plan requests or six (6) or more administrative approval requests for a single project area/site have been submitted and approved over any five-year period of times where potential cumulative impacts exceed the criteria of a major site plan application or together may create a substantial impact, the director of the community development department may require any subsequent minor site plan or administrative approval application to be reviewed pursuant to the criteria of a major site plan. Coding: Words in . . -. . type are deletions -from existing law. Words underlined are additions. 17 i 5. The following major site plan projects shall require the same approval process required of minor site plan projects: 1. Residential projects involving four (4) or fewer dwelling units; and 2. Non-residential projects involving less than ten thousand (10,000) square feet of new impervious surface area, regardless of new building area amount. (b) Minor site plan. The following projects shall constitute minor site plan projects and shall require minor site plan approval. 1. Any residential project, determined not be an exempted single-family development (see section 914.04) comprised of less than three (3) units. 2. Nonresidential projects comprised of less than five thousand (5,000) square feet of new impervious surface area, unless requiring major site plan approval under section 914.06(1)(a)3. (c) Administrative approvals. The following projects shall constitute administrative approval site plan projects and shall require administrative approval. 1. A modification or alteration to any project covered in section 914.04 of this chapter, consisting of less than one thousand five hundred (1,500) square feet of new impervious surface area which does not require major or minor site plan approval. 2. Improvements or activities which are required to obtain administrative approval pursuant to requirements specified in other chapters of this code. SECTION 8: Voting quorum amendments. SECTION 8A: Section 902.07(2)(c) is amended to read: • -- Any action reversing the community development director's decision shall require four (4) affirmative votes of the planning and zoning commission. SECTION 8B: Section 902.07(5) is hereby amended to read. (5) Further appeals from actions by the planning and zoning commission. At any time within thirty (30) days following action by the planning and zoning commission, the applicant, the county administration, or any department thereof, or any other person whose substantial interest may be affected by the proceeding may seek review of such decision by the board of county commissioners. The decision of the board of county commissioners shall be final. At the hearing scheduled for the purpose of considering an appeal of the planning and zoning commission's action, the board of county commissioners Coding: Words in • . -• : type are deletions from existing law. R1 may, in conformity with development regulations, partly, the decision by which is being appealed. accordance with the same the planning and zoning the provisions of law and these land uphold, amend, or reverse wholly or the planning and zoning commission Further appeals shall be followed in provisions of appeal procedures to county commissioners reversing a planning and zoning commission decision shall require three ( 3 ) of f irmative votes. SECTION 8C: Section 913.07(4)(G) is amended to read: (G) The board of county commissioner's consideration of appeals of planning and zoning commission preliminary plat decisions. An appeal may be filed by: (1) The applicant; (2) County administration; (3) Any aggrieved person or group with an interest that will be affected by the project. An appeal of a decision on a preliminary plat must be filed with the community development department within ten (10 ) working days of the meeting wherein the decision appealed was rendered. Upon receipt of an appeal from the applicant - the county administrator will place the preliminary plat application and all recommendations on the agenda of a regularly scheduled meeting of the board of county commissioners for consideration within thirty (30) days. The board of countv commissioners will conduct a de novo hearing. arrlrmaLlve votes rrom Lne Doara o= count to prevail in the appeal. SECTION 9: Appeals of site plan project decisions. (1) Section 914.13 is amended to read: Section 914.13. Appeals of decisions regarding site plans. • Appeals of site plan decisions rendered by the community develo ment director or by the Technical Review Committee (TRC) may be made in accordance with the provisions of section 902.07, "Appeals from decisions of the community development director or his designee". Appeals of planning and zoning commission site plan decisions may be filed by: The applicant; County administration; Coding: Words in • • -• • type are deletions from existing law. Words underlined are additions. 19 e (3) Any aggrieved person or group with an interest that will be affected by the project. An appeal of a planning and zoning commission decision on a site plan must be filed with the community development department within ten ( 10 ) working days of the meeting wherein the decision appealed was rendered. Upon receipt of an appeal from the appellant, the county administrator will place the site plan application and all recommendations on the agenda of a regularly scheduled meeting of the board of county commissioners for consideration within thirty (30) days. The board of county commissioners will conduct a de novo hearing. Any appellant must receive three (3) affirmative votes from the board of county commissioners to prevail in the appeal. SECTION 10: PD setback amendment. Section 915.16(1)(A) is hereby amended to read as follows: (1) A twenty -five-foot setback from buildings, driveways, roadways, and parking areas to perimeter P.D. project area property lines shall be established and shown on all P.D. plans. (A) The twenty -five-foot setback shall not be required where a commercial or industrial use on an adjacent property or is adjacent to property having a commercial or industrial land use plan designation. In such cases, normal setback buffer, and landscape standards shall apply. In addition, the 25 foot setback shall not be required along boundaries of the PD/PRD which are contiguous to lands which are part of the same project. For these purposes, contiguous lands shall be considered part of the same project if the contiguous lands and the land comprising the PD/PRD are encumbered by the same restrictive covenants and are subject to unified control, such as control by the same homeowner's association. SECTION il: Miscellaneous Amendments SECTION 11A: Section 912.07(1)p. is amended to read. (p) Screening enclosures, patios, and decks. No screening enclosures, patios, or decks shall be located closer than (10) feet to any rear property line or WIMME within any easement for utilities, drainage, or accessIL. whichever is greater. SECTION 11BO The RS -1 district footnote to the Section 911.07(6) table is amended to read: 1Nonconforming lots of record lawfully created prior to April 11, 1985 shall meet the RS -6 yard requirements. Legally created lots of record existing prior to June 18, 1991, in the A-1, A-2, and A-3 districts may be developed for one single-family dwelling each, regardless of density; provided all other regulations and codes are satisfied. These lots must meet requirements of the RS -1 district for the size and dimension criteria. Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 20 (4) Bikeways. A) Locations. The project developer shall install or escrokA7 as provided for in section 913.09(4)(E) a bikeway(s) along the project site's frontage on all rights-of-way or easements as designated in the county bikeway/sidewalk plan and along all streets designated by the community development department as school access corridors. With the approval of the board of county commissioners, sufficient funds may be escrowed by the developer with the county to complete the required bikeway. (B) Specifications. Bikeways shall be constructed in accordance with specifications found in the County's comprehensive bikeway and sidewalk plan. In reviewing proposed bikeway specifications, the public works department shall consider the applicability of the following Guidelines. Bikeways shall: 1. Be the width specified in the Count —Comprehensive bikeway and sidewalk plan;_ 2. Be constructed in accordance with the "Bicycle Facilities Planning and Design Manual" (1982 revision) prepared by the Florida Department of Transportation and the Bikeway and Sidewalk Plan. (C) Alternate specifications. Gxdhere any of the above guidelines are impractical or impossible to implement, the applicant, with the approval of the public works director, may substitute suitable alternate specifications described in the referenced design manual. D) Identification. Bikeways shall be posted or identifie by permanent markings as follows: ea Characteristics ommercial Sign -Placement, Pavement- Markinci Criteria At each intersecting street an thereafter every 500 feet Bikeways. The project developer shall be responsible for the provision of a bikeway(s) along the project site's frontage on all rights-of-way or easements as designated in the Indian River County Comprehensive Bikeway and Sidewalk Plan. Specifications. All bikeways shall be constructed in accordance with specifications found in the Florida Department of Transportation (FDOT) Bicycle Facilities Planning _and Design Manual (most recent edition), unless otherwise approved designee. In approving construction plans for bikeways, the Public Works Director, or the Director's appointed designee, shall also consider the specifications listed in the Comprehensive Bikeway and Sidewalk Plan in relation to the following items: Width: Bikeways shall be constructed at the minimum width specified in the County Comprehensive Bikeway and Sidewalk Plan. The Public Works Director, or the Director's appointed designee, may approve construction s proposing less than the bikeway(s); to desi sted minimum width in constraints for the 2. Location: Bikeways shall be constructed in the locations specified in the County Comprehensive Bikeway and Sidewalk Plan. The Public Works Director, or the Director's appointed designee, may approve alternative locations in order to accommodate design constraints for the bikeway(s); Identification. Bikeways shall be by permanent markings as set forth Facilities Planning and Design edition) and the Federal Highway Manual on Uniform Traffic Control recent edition). posted or identified by the FDOT Bicycle Manual (most recent Administration (FHA) Devices (MUTCD) (most (b) Provision. The developer shall be required to provide for construction of a required bikeway segment(s) in compliance with one of the following methods, as approved by the Public Works Director or the Director's appointed designee. 1. Exemptions. The developer is exempted from the requirement to provide a bikeway segment(s) along an unpaved thoroughfare plan roadway which is not scheduled for improvement on the County's 20 -Year Roadway Improvement Plan Schedule. Coding: Words in • -• . type are deletions from existing law. Words underlined are additions. 22 ORDINANCE 93-x_ 2. Method. When required to construct or provide a required bikeway segment(s), the developer shall: a. Construct the required bikeway segment(s) if the roadway and corresponding bikeway segment(s) are designated as a primary pedestrian corridor and if construction can satisfy the design and safety criteria of the FDOT Bicycle Facilities Planning and Design Manual. As an alternative, the developer may delay construction by "Bonding -out for Construction" of the segment(s) as described in subsection 913.09(4)(c); or b. Transfer to the County the obligation to construct the required bikeway segment(s) by providing a cash payment of funds equal to one hundred percent (100%) of the estimated cost to construct the required bikeway segment(s) and executing an Agreement for the Transfer of Responsibility for Required Improvements. The developer shall be responsible for clearing and grading the intended location of the required bikeway segment(s) at the time clearing and grading for the development project is performed. The value of such clearing and grading shall be reflected in the cash payment amount provided by the developer. The cleared path shall be approved by the Public Works Department and shall be selected so as to maximize tree preservation while maintaining compliance with the FDOT Bicycle Facilities Planning and Design Manual. Timing. The developer shall be responsible for providing the required the bikeway segment(s) in compliance with subsection 913.09(4)(b)2.a. or be prior to receiving a Certificate of Completion for Required Subdivision Improvements. However, in the event the developer is required to construct the required bikewa develo segment (s ) for a period of two ( 2 ) years beyona the sinal pian approval date of the corresponding subdivision development. In electing to Bond -out for Construction, the developer shall provide a completed Contract for Construction for Remaining Required Improvements and post security to guarantee the completed Contract in conformance with subsection 913.10(1). The developer shall have the ability to extend the Contract for Construction and posted security for a period of two (2) years, in addition to the original two (2) years, upon approval of both the Public Works Director and the Community Development Director. SECTION 12C: Section 913.09(5), Design Standards and Requirements, Sidewalks, is hereby deleted in its entirety and replaced to read as follows: (5) Sidewalks. Coding: Words in • • -. . type are deletions from existing law. Words underlined are additions. 23 (B) Locations. Sidewalks shall be either constructed ff r guaranteed for future construction by escrowing unds as provided for in section 913.09(5(D), ithin new subdivision project sites and along road ights-of-way adjacent to projects, as f=ollows:- 1. All subdivisions shall provide sidewalks along the entire frontage of adjacent roads designated by the thoroughfare plan as arterials or collector roadways (including subdivision collector or subdivision feeder roads), unless otherwise indicated by the county comprehensive bikeway and s.idewal}c plan. Projects may be exempted from this requirement upon a determination, by the public works and community development directors, that the need for providing a sidewalk(s) along the adjacent road right(s)- of-way frontage of a site is precluded by Dhvsical or design constraints. All subdivisions shall provide sidewalks alon the entire frontage of all adjacent .road designated by the county comprehensive bikewa and sidewalk plan as being school acces routes; and 3. Sidewalks shall be located along the entire tboth rontage of all adjacent local streets, and on sides of all interior local streets ithin a subdivision except where one or more f the followinq criteria are satisfied: — a. Within residential subdivisions a street segment serving no more than twenty (20) lots terminates in a cul-de-sac where a future extension of the street beyond the cul-de-sac is not needed as determined by the county traffic engineer. In such cases no sidewalks shall be required The density within the subdivision, if residential subdivision, is not greate than three (3) units per acre. In suc cases no sidewalks shall be required.m The community development director and the public works director approve an exemption based upon one or more of the following criteria: I. It is anticipated that the uses(s) 0(non-residential only) will not attract or generate significant pedestrian traffic; II. A nearby existing or planne sidewalk will adequately sery anticipated pedestrian traffi attracted or generated by th subdivision; III. The anticipated uses) (non- residential only) or vehicular traffic characteristics of the subdivision are incompatible with pedestrian traffic; IV. The location of the subdivision or existing street conditions (site plan projects only) are such that it is anticipated that sidewalks could not be effectively integrated into an existing or planned s_i.dewal}: system; The developer provides for an alternate route and/or improvement that adequately accommodates pedestrian traffic and movement and coordinates with existing and planned sidewalks. Decisions by the community development director and the public works director to approve, approve with conditions, or deny an exemption request may be appealed to the planning and zoning commission. Planning and zoning commission decisions regarding exemption requests may be appealed to the board of county commissioners. [voce: hese ex(2mpLlv,izD1 J. C1, "I "ILS apply to local streets only, and do not apply to any collector or subdivision feeder roads as designated by the thoroughfare plan or the public works and community development director. — le All sidewalks shall: Be at least five (5) feet wide along arterial and collector roadways, four (4) feet wide along local roadways; = M 0 Be located outside of the roadside recovery area unless protective devices are provided (i.e. nonmountable curbs); Have a curb cut and a ramp for wheelchairs at all intersection as specified in Indian River County Standard Specifications (see figure); and Be constructed in accordance with the referenced specifications and standards of this chapter. Have (as may be required by the Planning and Zoning Commission) additional right-of-way and pavement at schools, shopping centers, parks and other high pedestrian traffic sites be provided and dedicated to the county as may be necessary to facilitate anticipated higher pedestrian traffic. (C) Specifications. le All sidewalks shall: Be at least five (5) feet wide along arterial and collector roadways, four (4) feet wide along local roadways; = M 0 Be located outside of the roadside recovery area unless protective devices are provided (i.e. nonmountable curbs); Have a curb cut and a ramp for wheelchairs at all intersection as specified in Indian River County Standard Specifications (see figure); and Be constructed in accordance with the referenced specifications and standards of this chapter. Have (as may be required by the Planning and Zoning Commission) additional right-of-way and pavement at schools, shopping centers, parks and other high pedestrian traffic sites be provided and dedicated to the county as may be necessary to facilitate anticipated higher pedestrian traffic. Sidewalks. The project developer shall be responsible for the provision of a sidewalk(s) alonq the project site's frontage on all riqhts-of-way (existing or created via the pro.]ect s subdivision plat) and/or easements (existing or created via the project) in compliance with the Indian River County Comprehensive Bikewav and Sidewalk Plan, and the required improvements regulations of the site's applicable zoning district. shall be apbroved by the Countv Public W Director's ppointed designee. ired sidewalks Drks Director or the sidewalks shall be constructed in accordance with the specifications listed in the Comprehensive Bikeway and Sidewalk Plan and the following general specifications. Width: Be a minimum of thoroughfare plan roadways wide along local roadways. five (5) feet for cifications. minimum of All construction plans r shall be apbroved by the Countv Public W Director's ppointed designee. ired sidewalks Drks Director or the sidewalks shall be constructed in accordance with the specifications listed in the Comprehensive Bikeway and Sidewalk Plan and the following general specifications. Width: Be a minimum of thoroughfare plan roadways wide along local roadways. five (5) feet wide along and a minimum of four ( 4 ) feet Location: Be located outside of the roadside recovery area unless protective devices are provided (e.g. nonmountable curbs). 3. Accessibility. Provide a curb cut and/or ramp for wheelchairs for all intersections, in compliance with all Federal, State and Local standards and specifications for handicapped accessibility. 4. Cul -de -Sacs: Sidewalks are not required around the circumference of roadway cul-de-sac circles. Where sidewalks are required along a roadway which terminates in a cul-de-sac and sidewalks following the circumference of the cul-de-sac circle are not proposed, the sidewalks shall terminate into the cul-de-sac circle pavement utilizing a design approved by the Public Works Director or the Director's appointed designee. Coding: Words in .• - type are deletions from existing law. Words underlined are additions. 26 Provision. The developer shall be required to provide for construction of a required sidewalk segment(s) in compliance with the following methods, as approved by the Public Works Director or the Director's appointed designee: 1. Sidewalk Segment(s) along Thoroughfare Plan Roadways. Exemptions. i. The developer is exempted from providing a sidewalk segment(s) along an unpaved thoroughfare plan roadway if the roadway is not scheduled for improvement on the -County's 20 -Year Roadway Improvements plan Schedule. The developer may be exempted from providing a sidewalk segment(s) by obtaining a determination from the Public Works and Method. When required to construct or provide a required sidewalk segment(s), the developer shall: pedestrian corridor and if construction can satisfy the design and safety criteria of subsection 913.09(5)(a), as determined by the Public Works Director or the Director's appointed designee. As an alternative, the developer may delay construction by "Bonding: out for Construction" of the segment(s) as described in subsection 913.09(5)(b)l.c.; or ii. Transfer to the County the obligation to construct the required sidewalk segment(s) by providing a cash payment of funds equal to one hundred percent 100 of the estimated cost to construct the required sidewalk segment(s) and executing an Agreement for the Transfer of Responsibility for Required Improvements. The developer shall be responsible for clearing and grading the intended location of the required sidewalk segment(s) at the time clearing and grading for the development project is performed. The value of such clearing and grading shall be reflected in the cash payment amount provided by the developer. The cleared path shall be approved by the Public Works Department and shall be selected so as to maximize tree preservation while maintaining compliance with the sidewalk design specifications listed in subsection 913.09(5)(a). Timi sible for �nt(s) in b.i or ii. etion for for the Coding: Words in ' . -. • type are deletions from existing law. Words underlined are additions. 27 � � k event the developer is required to construct the required sidewalk seqment(s) [subsection approval date of the corresponding subdivision development. In electing to Bond -out for Construction, the developer shall provide a completed Contract for Construction for Remaining Required Improvements and post security to guarantee the completed Contract in conformance with subsection 913.10(1). The developer shall have the ability to extend the Contract for Construction and posted security for a period of two (2) years, in addition to the original two (2) years, upon approval of both the Public Works Director and the Community Development Director. Sidewalk Segment(s) along Local Roadways a. Exemptions. i. A developer is exempt from providing a required sidewalk segment(s) along a local roadway which serves no more than twenty (20) lots and terminates in a cul-de-sac where a ture extension of the street de -sac is not required or possible as determined by the County Public Works Director or the Director's appointed designee. lie A developer is exempt from providing a required sidewalk segment(s) along a local roadway in conjunction with a residential subdivision project if the density of the residential subdivision project is not greater than three (3) units per acre. A developer a required s obtain a waiver from oviding tting a written request for such a waiver from the Community Development Director and the Public Works Director based upon one or more of the following criteria: A. It is anticipated that the uses(s) (non- residential projects only) will not attract or generate significant pedestrian traffic; Be A nearby existing or planned sidewalk will adequately serve anticipated pedestrian traffic attracted or generated by the corresponding subdivision project; C. The anticipated use(s) (non-residential project only) or vehicular traffic characteristics of the subdivision are incompatible with pedestrian traffic; D. The location of the subdivision or existing street conditions are such that it is anticipated that sidewalks could not be effectively integrated into an existing or planned sidewalk system; Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 28 route and/or improvement that adequately accommodates pedestrian traffic and movement and coordinates with existing and planned sidewalks. Decisions by the Community Development Director and the Public Works Director to approve, approve with conditions, or deny an exemption request may be appealed to the planning and zoning commission pursuant to the provisions of Section 902.07. Planning and zoning commission decisions regarding exemption requests may be appealed to the board of county commissioners pursuant to the provisions of Section 902.07. b. Method. When required to construct or provide a required sidewalk segment(s), the developer shall: i. Construct a required sidewalk segment(s) along a local roadway or other pedestrian easement if the route is designated as a primary pedestrian corridor and if construction can satisfy the design and safety criteria of subsection 913.09(5)(a), as determined by the Public Works Director or the Director's appointed designee. As an alternative, the developer may delay construction by "Bonding- out for Construction" of the segment(s) as described in subsection 913.09(5)(b)2.c.; or ii. Transfer to, the County the obligation to construct the required sidewalk segment(s) by providing a cash payment of funds equal to one hundred percent (100%) of the estimated cost to construct the required sidewalk segment(s) and executing an Agreement for the Transfer of Responsibility for Required Improvements. Timi The developer shall be responsible for clearing and grading the intended location of the required sidewalk segment(s) at the time The cleared path shall be approved by the Public Works Department and shall be selected so as to maximize tree preservation while maintaining compliance with subsection 913.09(5)(a). nsible for compliance with subsection 913.09(5)(b)2.b.is or ii. prior to receiving a Certificate of Completion for Required Subdivision Improvements for the corresponding subdivision project. However, in the event the developer is required to construct the required sidewalk segment(s) [subsection 913.09(5)(b)2.b.i.l, the developer may delay construction of the required sidewalk segment(s) the final plat approval date o corresponding subdivision development. In electing to delay construction, the developer shall provide Coding: Words in elre7mlvere : type are deletions from existing law. Words underlined are additions. 29 5) Bikeways (a) Locations. The project developer shall install or escrow for a bikeway(s) along the project site's frontage on all rights-of-way or easements as designated in the county bikeway/sidewalk plan and along all streets designated by the community development department as school access corridors. With the approval of the board of county commissioners, sufficient funds may be escrowed by the developer with the county to complete the required bikeway. (b) Specifications. Bikeways shall be constructed in Iaccordance with specifications found in the County's comprehensive bikeway and sidewalk plan. In revie�•jing proposed bikeway specifications, the public works department shall consider the applicability of the followinq guidelines. Bikeways shall: (1) Be the width specified in the County Comprehensive bikeway and sidewalk plan; (2) Be constructed in accordance with the "Bicycle Facilities Planning and Design Manual" (1982 revision) prepared by the Florida Department of Transaortation and the Bikewav and Sidewalk Plan. (c) Alternate specifications. Where any of the abovE guidelines are impractical or impossible to implement, the applicant, with approval of the public workc. director, may substitute suitable alternatE specifications described in the referenced design manual. (d) Identification. Bikeways shall be posted or identified by permanent markings as follows: Area Characteristics Sign -Placement, Pavement Markinq Criteria ommercial At each intersecting street and thereafter every 500 feet Bikeways. The project developer shall be responsible for the provision of a bikeway(s) along the project site's frontage on all rights-of-way or easements as designated in the Indian River County Comprehensive Bikeway and Sidewalk Plan. (aZ Specifications. All bikeways shall be constructed in accordance with specifications found in the Florida Department of Transportation (FDOT) Bicycle Facilities Planning and Design Manual (most recent edition), unless otherwise approved by the Public Works Director or the Director's appointed designee. In approving construction plans for bikeways, the Public Works Director, or the Director's appointed designee, shall also consider the specifications listed in the Comprehensive Bikeway and Sidewalk Plan in relation to the following items: 1. Width: Bikeways shall be constructed at the minimum width specified in the County Comprehensive Bikeway and Sidewalk Plan. The Public Works Director, or the Director's appointed designee, may approve construction plans proposing less than the listed minimum width in order to accommodate design constraints for the bikeway(s); 2. Location: Bikeways shall be constructed in the locations specified in the County Comprehensive Bikeway and Sidewalk Plan. The Public Works Director, or the Director's appointed designee, may approve alternative locations in order to accommodate design constraints for the bikeway(s); 3. Identification. Bikeways shall be posted or identified by permanent markings as set forth by the FDOT Bicycle Facilities Planning and Design Manual (most recent edition) and the Federal Highway Administration (FHA) Manual on Uniform Traffic Control Devices (MUTCD) (most recent edition). (b) Provision. The developer shall be required to provide for construction of a required bikeway segment(s) in compliance with one of the following methods, as approved by the Public Works Director or the Director's appointed designee: 1. Exemptions. The developer is exempted from the requirement to provide a bikeway segment(s) along an unpaved thoroughfare plan roadway which is not scheduled for improvement on the Countv's 20 -Year Roadwav Improvement Plan Schedule. Method. When required to construct or provide a required bikeway s the developer shall: Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 31 ORDINANCE 93-29 truct the required bikeway segment(s) if the roadway and corresponding bikeway segment(s) are designated as a primary pedestrian corridor and if construction can satisfy the design and safety criteria of the FDOT Bicycle Facilities Planning and Design Manual. As an alternative, the developer may delay construction by "Bonding -out for Construction" of the segment(s) as described in subsection 914.15(5)(c); or Transfer to the Coun the required bikeway :y the obligation to seament(s) by provid construct ng a cash Required Improvements. The developer shall be responsible for clearing and grading the intended location of the required bikeway segment(s) at the time clearing and grading for the development project is performed. The value of such clearing and grading shall be reflected in the cash payment amount provided by the developer, The cleared path shall be approved by the Public Works Department and shall be selected so as to maximize tree preservation while maintaining compliance with the FDOT Bicycle Facilities Planning and Design Manual. () Timing. The developer shall be responsible for providing the required the bikeway segment(s) in compliance with subsection 914.15(5)(b)2.a. or b. prior to receiving an equivalent Certificate of Occupancy for the project. However, in the event the developer is required to construct the required bikeway segment(s) [subsection 914.15(5)(b)2.1.], the developer may delay construction of the required bikeway segment(s) for a period of two (2) years beyond the date of issuance of an equivalent Certificate of Occupancy for the project. In electing to Bond -out for Construction, the developer shall provide a completed Contract for Construction for Remaining Required Improvements and post security to guarantee the completed Contract in conformance with Section 913.10(1). The developer shall have the ability to extend the Contract for Construction and posted security for a period of two ( 2 ) years, in addition to the original two ( 2 ) years, upon approval of both the Public Works Director and the Community Development Director. SECTION 12E: Section 914.15(6), Design Standards and Requirements, Sidewalks, is hereby deleted in its entirety and replaced to read as follows. Coding: Words in • !- type are deletions from existing law. Words underlined are additions. 32 1. All site plan projects shall include the provision of sidewalks along the entire frontage of adjacent roads designated by the thoroughfare plan as arterials or collector roadways (including subdivision collector or subdivision feeder roads), unless otherwise indicated by the county comprehensive bikeway and sidewalk plan. Projects I ay be exempted from this requirement upon a determination, by the public works and community development directors, that the need for providing a sidewalk(s) along the adjacent road rights) -of - ay frontage of a site is precluded by physical or design constraints. 2. All site plan projects shall include the provision of sidewalks along the entire frontage of all adjacent roads designated by the county comprehensive bikeway and sidewalk plan as being school access routes; and 3. Sidewalks shall be located along the entire Efrontage of all adjacent local streets, and on both sides of all interior local streets except where one or more of the following criteria are satisfied: a. Within residential projects a street segment serving no more than twenty (20) lots terminates in a cul-de-sac where a future extension of the street beyond the cul-de-sac is not needed as determined by the county traffic engineer. In such cases no sidewalks shall be required. The density within the project, if a residential project, is not greater than three (3) units per acre. In such cases no sidewalks shall be required. The community development director and th public works director approve an exemptio based upon one or more of the followin criteria: I . It is anticipated that the use(s) ( non- -residential only) will not attract or generate significant pedestrian traffic; lI. A nearby existing or planned sidewalk ill adequately serve anticipated ffby edestrian traffic attracted or generated the subdivision, III. The anticipated use(s) (non-residential only) or vehicular traffic characteristics of the subdivision are incompatible with pedestrian traffic;= IV. The existing street conditions are such that it is anticipated that sidewalks could not be effectively integrated into an existing or planned sidewalk system; route and/or improvement that adequately accommodates pedestrian traffic and movement and coordinates with existing and planned sidewalks. Decisions by the community developmen director and the public works director t approve, approve with conditions, or deny a exemption request may be appealed to th planning and zoning commission. Planning an zoning commission decisions regardin exemption request may be appealed to the boar of county commissioners pursuant to th provisions of Chapter 902. Note: These exemptions, a, b, and c, apply to local streets only, and do not apply to any collector or subdivision feeder roads as designated by the thoroughfare plan or by the public works and community development director. (c) Specifications. 1. All sidewalks shall: a. Be at least five (5) feet wide along arterial and collector roadways, four (.4) feet wide along local roadways; Be located outside of the roadside recover area unless protective devices such as non mountable curbs are provided; Have a curb cut and a ramp for wheelchairs a all intersections. Be constructed in accordance with the referenced specifications and standards of this chanter. 2. Sidewalks are not required along cul-de-sac circles. Where sidewalks are required along a roadway that terminates in a cul-de-sac and where no sidewalks are proposed within the cul-de-sac circle, the sidewalks shall terminate at or into the cul-de-sac circle by a design approved by the public works department. (d) Construction prior to final inspection. Sidewalks shall be installed prior to the issuance of a certificate of occupancy. In lieu of installation, funds adequate to pay for the future installation of the required sidewalk may be escrowed with the county under either of the followina circumstances: (1) When the county engineer determines that there are existing design and/or installation constraints such as canals or ditches or the inability to maintain swales. The need for minor earth fill, and grading may be required with sidewalk construction. y h ! Sidewalks. The project developer shall be responsible for the provision of a sidewalk(s) along the project site's frontage on all rights-of-way (existing or created via the project) and/or easements- (existing or created via the project) in compliance with the Indian River County Comprehensive Bikeway and Sidewalk Plan, and the required improvements regulations of the site's applicable zoning district. (aZ Specifications. All construction plans for required sidewalks shall be approved by the County Public Works Director or the Director's appointed designee. All sidewalks shall be constructed in accordance with the specifications listed in the Comprehensive Bikeway and Sidewalk Plan and the following general specifications: Width: Be a minimum of thoroughfare plan roadways wide along local roadways. five (5) feet wide along d a minimum of four ( 4 ) feet Location: Be located outside of the roadside recovery area unless protective devices are provided (e.g nonmountable curbs). 3. Accessibility: Provide a curb cut and/or ramp for wheelchairs for all intersections, in compliance with all Federal, State and Local standards and specifications for handicapped accessibility. 4. Cul -de -Sacs: Sidewalks are not required around the circumference of roadway cul-de-sac circles. Where sidewalks are required along a roadway which terminates in a cul-de-sac and sidewalks following the circumference of the cul-de-sac circle are not proposed, the sidewalks_ shall terminate into the cul-de-sac circle pavement utilizing a design approved by the Public Works Director_ or the Director's appointed designee. Provision. The developer shall be required to provide for construction of a required sidewalk segment(s) in compliance with the following methods, as approved by the Public Works_ Director or the Director's appointed designee: 1. Sidewalk Segment(s) along Thoroughfare Plan Roadways. a. Exemptions. Coding: Words in • • -• • type are deletions from existing law. Words underlined are additions. 35 i. The developer is exempted from providing a sidewalk segment(s) along an unpaved thoroughfare plan roadway if the roadway is not scheduled for improvement on the Cbunty's 20 -Year Roadway Improvements plan Schedule. The developer may be exempted from providing a sidewalk segment(s) by obtaining a determination from the Public Works and Community Development Directors that the need for a sidewalk seament(s) along the adjacent physical or design constraints. b. Method. When re( required sidewalk i. Construct th the roadwal aired to construct or seument(s), the develc required sidewalk s and correspondin are desiqnated as_ roviae a r shall: nt(s) if sidewalk pedestrian corridor and if construction can satisfy the design and safety criteria of subsection 914.15(6)(a), as determined by the Public Works Director or the Director's annnintPrl riesianee. As an alternative, the developE out for describe Transfer construct to the the required County sidewalk the obli tion to nt(s) by �1 to one ted cost to construct the required sidewalx segment(s) and executing an Agreement for the Transfer of Responsibility for Required Improvements. The developer shall be responsible for clearing and grading the intended location of the required sidewalk segment(s) at the time clearing and grading for the development project is performed. The value of such clearing and grading shall be reflected in the cash payment amount provided by the developer. The cleared path shall be approved by the Public Works Department and shall be selected so as to maximize tree preservation while maintaining compliance with the sidewalk design specifications listed in subsection 914.15(6)(a). Timing. The developer shall be resF providing the required sidewalk se compliance with subsection 914.15(6)(b) prior to receiving an equivalent Ce Occunancv for the Droject. However, sidewa gment(s) in l.b.i or ii. rtificate of in the event act the required s n h s P c t i o n fora period of two (2) years beyond the final plat approval date of the corresponding_ subdivision development. In electing to Bond -out for Construction, the developer shall providea completed Contract for Construction for Remaining Required Improvements and post security to Coding: Words in • • -• • type are deletions from existing law. Words underlined are additions. 36 guarantee the completed Contract in conformance with Section 913.10(1). The developer shall have the ability to extend the Contract for Construction and posted security for a period of two (2) years, in addition to the original two (2) years, upon approval of both the Public Works Director and the Community Development Director. 2. Sidewalk Segment(s) along Local Roadways a. Exemptions. i. A developer is exem t from providing a required sidewalk segment(s) along a local roadway which serves no more than twenty (20) lots and terminates in a cul-de-sac where a future extension of the street beyond the cul- de-sac is not required or possible as determined by the County Public Works Director or the Director's appointed designee. ii. A developer is exempt from providing a required sidewalk segment(s) along a local roadway in conjunction with a residential subdivision project if the density of the residential subdivision project is not greater than three (3) units per acre. A developer may obtain a waiver from providing a required sidewalk segment(s) by submitting a written request for such a waiver from the Community Development Director and the Public Works Director based upon one or more of the following criteria. pedestrian trattic; Be A nearby existing or planned sidewalk will adequately serve anticipated pedestrian traffic attracted or generated by the corresponding subdivision project*. co The anticipated use(s) (non-residential project only) or vehicular traffic_ characteristics of the subdivision are incompatible with pedestrian traffic; D. The location of the subdivision or existing street conditions are such that it is anticipated that sidewalks could not be effectively integrated into an existing or planned sidewalk system; E. The developer provides for an alternate route and/or improvement that adequately accommodates pedestrian traffic and movement and coordinates with existing and planned sidewalks. Decisions by the Community Development Director and the Public Works Director to approve, approve with conditions, or deny an exemption request may be appealed to the Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 37 11 r planning and zoning commission pursuant to the provisions of Section 902.07. Planning and zoning commission decisions regarding exemption requests may be appealed to the board of county commissioners pursuant to the provisions of Section 902.07. b. Method. When required to construct or provide a required sidewalk segment(s), the developer shall: c. sidewalk 914.15(6)(b) nnn�trint i nn i. Construct a required sidewalk segment(s) along a local roadway or other pedestrian easement if the route is designated as a primary pedestrian corridor and if construction can satisfy the design and safety criteria of subsection 914.15(6)(a), as determined by the Public Works Director or the Director's appointed designee. As an alternative, the developer may delay construction by "Bonding - out for Construction" of the segment(s) as described in subsection 913.09(5)(b)2.c.; or ii. Transfer to the County the obligation to construct the required sidewalk segment(s) by providing a cash payment of funds equal to one hundred percent (100%) of the estimated cost to construct the required sidewalk segment(s) and executing an Agreement for the Transfer of Responsibility for Required Improvements. The developer shall be responsible for clearing and grading the intended location of the required sidewalk segment(s) at the time clearing and grading for the development project is performed. The value of such clearing and grading shall be reflected in the cash payment amount provided by the developer. The cleared path shall be approved by the Public Works Department and shall be selected so as to maximize tree preservation while maintaining compliance with subsection_ 914.15(6)(a). Timing. The developer shall be responsible for providing the required sidewalk segment(s) in compliance with subsection 914.15(6)(b)2.b.i. or ii. prior to receiving an equivalent Certificate of Occupancv for the project. However, in the event electing to delay construction, the developer shall provide a completed Contract for Construction for Remaining Required Improvements and post security to guarantee the completed Contract in conformance with Section 913.10(1). The developer may initially delay construction of the required sidewalk segment(s) for a period of two years following the date of issuance of an equivalent Certificate of Occupancy for the project. The developer may further extend the Contract for Construction, beyond the initial two (2) year period upon approval of both the Public Works Coding: Words in • •• -• • type are deletions from existing law. Words underlined are additions. 38 r Director and the Community Development Director. At no time may a Contract for Construction be extended beyond seven (7) years following the issuance of an equivalent Certificate of Occupancy for the project. SECTION 13: REPEAL OF CONFLICTING PROVISIONS 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 legislature 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 14: The provisions o the County Code and "section", "article", of this ordinance may such intentions. SECTION 15: f this ordinance shall be incorporated into the word "Ordinance" may be changed to or other appropriate word, and the sections be renumbered or relettered to accomplish If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative 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 16: 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 of the State of Florida. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 7 day of SPDtPmher 1993. This ordinance was advertised in the Vero Beach Press -Journal on the 1"6 day of August , 1993, and on the 31 day of Augus , 1993, for public hearings to be held on the 22 dayof August 01 1993, and on the �7 day of September , 1993 at which time at the final hearing it was moved for adoption by Commissioner Tipnin seconded by Commissioner Eggert and adopted by the following votes Coding: Words in • type are deletions from existing law. Words underlined are additions. 39 ;V �a Chairman Richard N. Bird Ave Vice Chairman John W. Tippin Aye Commissioner Fran B. Adams gyp Commissioner Kenneth R. Macht Ayp Commissioner Carolyn K. Eggert Aye BOARD OF COUNTY. COMMISSIONERS` OF INDIAN ER COUNTY Byr000 r - �to . Ri hard N. Bird, Chairman ,t yrii ^i+^ ATTEST BY: or t4�0 Je y Kor Baton; Cleirk o;t+ Acknowledgement by the Department of State of the Staterof%%•Florida this 15th day of September , 1993s Effective Date: Acknowledgement from the Department of State received on this 20th day of September 1993 at 9:30 A.M./RXK. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. William G. Collins, II, Deputy County Attorney APPROVED AS TO PLANNING MATTERS obert M. Keati , AICP Community Develo ment irector u\c\s\7thrnd.ldr Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 40