HomeMy WebLinkAbout1997-211
ORDINANCE NO, 97- 21
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT
REGULATIONS (LDRS): CHAPTER 910, CONCURRENCY
MANAGEMENT SYSTEM; CHAPTER 911, ZONING; 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,
Florida that the Indian River County land development regulations (LDRs) be amended as
follows:
A. The LDR section 911.13(4) use table is hereby amended in part, to read as
follows:
Agricultural Uses AIR -1
Non-commercial kennel _A
Non-commercial stable A
B. LDR section 971.08(8) is hereby amended to read as follows:
(8) Kennel and animal boarding places, non-commercial (administrative
permit).
(a) Districts requiring administrative permit approval, (pursuant to the
provisions of 971.04): RSA, RS -2, RS -3, RS -6, ROSE -4, AIR -l.
(b) Additional
information
PART 1.
Non-commercial
kennels and
stables in the
AIR -1 district.
A. The LDR section 911.13(4) use table is hereby amended in part, to read as
follows:
Agricultural Uses AIR -1
Non-commercial kennel _A
Non-commercial stable A
B. LDR section 971.08(8) is hereby amended to read as follows:
(8) Kennel and animal boarding places, non-commercial (administrative
permit).
(a) Districts requiring administrative permit approval, (pursuant to the
provisions of 971.04): RSA, RS -2, RS -3, RS -6, ROSE -4, AIR -l.
The applicant shall submit a signed affidavit stating that no
remuneration or other valuable consideration is or will be
received for the raising, boarding, transfer, or sale of the
animals to be kept on the premises, or for sale of their by-
products;
2. A statement from the applicant describing the number and
type of animals which will be kept on the premises, whether
such animals are subject to federal, state or local licensing
or registration requirements, and if so, whether such
licensing or registration has occurred, together with license
or registration numbers,
A site plan, pursuant to the requirements of Chapter 914.
C. LDR Section 971.08(12) is hereby amended to read as follows:
(12) Stables, non-commercial (administrative permit: no planning and zoning
commission review or approval required if associated with a site plan
reviewed as an administrative approval or minor site plan).
(a) Districts requiring administrative permit approval, (pursuant to the
provisions of 971.04): Con -3, Con -2, RFD, RS -1, RS -Z, RS -3, RS -
6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10, ROSE -4, AIR -1.
(b) Additional
information
requirements:
The applicant shall submit a signed affidavit stating that no
remuneration or other valuable consideration is or will be
received for the raising, boarding, transfer, or sale of the
animals to be kept on the premises, or for sale of their by-
products;
2. A statement from the applicant describing the number and
type of animals which will be kept on the premises, whether
such animals are subject to federal, state or local licensing
or registration requirements, and if so, whether such
licensing or registration has occurred, together with license
or registration numbers,
A site plan, pursuant to the requirements of Chapter 914.
C. LDR Section 971.08(12) is hereby amended to read as follows:
(12) Stables, non-commercial (administrative permit: no planning and zoning
commission review or approval required if associated with a site plan
reviewed as an administrative approval or minor site plan).
(a) Districts requiring administrative permit approval, (pursuant to the
provisions of 971.04): Con -3, Con -2, RFD, RS -1, RS -Z, RS -3, RS -
6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10, ROSE -4, AIR -1.
ORDINANCE NO. 97- 21
(b) Additional information requirements: The applicant shall submit a
site plan which shall show the location of all existing and proposed
structures and the location of any fences, and all other information
required in Chapter 914.
1. Non-commercial stables shall be allowed in nonagricultural
districts only as an accessory use;
2. Such uses shall be located on lots having an area no less
than two (2) acres;
3. The number of horses shall not exceed one per acre;
4. Enclosed structures, such as barns, shall have a minimum
setback of fifty (50) feet from any property lines;
5. The applicant shall provide a fence which has a minimum
height of four (4) feet and totally encloses the property to
be used in association with the stable.
PART 2.
Parking Requirements
Modifications
(c) Criteria
With
fast
food
for
drive
through:
non-commercial
space
100
stables:
feet
(cj
with
per
1. Non-commercial stables shall be allowed in nonagricultural
districts only as an accessory use;
2. Such uses shall be located on lots having an area no less
than two (2) acres;
3. The number of horses shall not exceed one per acre;
4. Enclosed structures, such as barns, shall have a minimum
setback of fifty (50) feet from any property lines;
5. The applicant shall provide a fence which has a minimum
height of four (4) feet and totally encloses the property to
be used in association with the stable.
A. LDR Section 954.05(22) for gas station parking is hereby amended to read as
follows:
(b) Gas station with accessory retail sales.
One space per 175 square feet of gross floor area devoted to retail
sales in addition to spaces for other uses. The spaces cannot
conflict with the overall traffic circulation system for the site.
PART 2.
Parking Requirements
Modifications
A. LDR Section 954.05(22) for gas station parking is hereby amended to read as
follows:
(b) Gas station with accessory retail sales.
One space per 175 square feet of gross floor area devoted to retail
sales in addition to spaces for other uses. The spaces cannot
conflict with the overall traffic circulation system for the site.
(fid,) With accessory car washes, parking and/or queuing as specified for
car washes shall be provided in addition to the requirements for gas
stations.
additions.
With
fast
food
drive
through:
One
space
100
square
feet
(cj
with
per
of gross
floor area
devoted
to
fast food
in addition
to spaces
for
The
the
required
other
uses.
spaces cannot
conflict
with overall
traffic
circulation
system
for
the site.
(fid,) With accessory car washes, parking and/or queuing as specified for
car washes shall be provided in addition to the requirements for gas
stations.
additions.
ORDINANCE NO. 97- 21
B. LDR Section 954.05 for health and fitness center parking is hereby amended to
establish a standard for health and fitness centers, to read as follows:
(27.1) Health & Fitness Center: One space per 200 square feet of building area,
for any health and fitness center without outdoor facilities (e.g. pools, tennis
courts, etc.).
One space per 300 square
feet of
building
area for
centers with
outdoor
facilities,
(a) Sanitary
sewer
facilities.
water
supply.
The sanitary
plus additional spaces
as required
sewer
based
on the type
water portion
of outdoor
of the concurrency
management
C. LDR Section 954.05(29) for hotel and motel parking is hereby amended to read as
follows:
PART 3. Concurrency Regulations Update
A. LDR section 910.09(l)(a) is hereby amended to read as follows:
For purposes of evaluating concurrency determination applications, the
supply (capacity of a facility) shall be determined by adding together:
The total existing capacity of the facility:
Design capacity of the sanitary sewer treatment plant
measured by gallons per day for sanitary sewer facilities;
b. Design capacity of the potable water plant measured by
gallons per day for potable water facilities; and
a. Construction of the new facilities is underway at the time
the application for the concurrency determination is being
evaluated;
b. The new facilities are the subject of a binding executed
contract for the construction of the facilities or the provision
of services at the time the application for concurrency
determination is being evaluated;
(a) Sanitary
sewer
and potable
water
supply.
The sanitary
sewer
and
potable
water portion
of the concurrency
management
data
base
will
consist
of
updated
information
regarding
supply
and demand
for
each
sanitary
sewer
facility.
balance
demand)
or potable
water
The
resulting
(supply
will
constitute
the
available capacity
for
each
facility.
No
concurrency
determination
certificate will
be issued
when the
available
capacity
is less
than demand
projected to be
generated
by a proposed
application.
For purposes of evaluating concurrency determination applications, the
supply (capacity of a facility) shall be determined by adding together:
The total existing capacity of the facility:
Design capacity of the sanitary sewer treatment plant
measured by gallons per day for sanitary sewer facilities;
b. Design capacity of the potable water plant measured by
gallons per day for potable water facilities; and
a. Construction of the new facilities is underway at the time
the application for the concurrency determination is being
evaluated;
b. The new facilities are the subject of a binding executed
contract for the construction of the facilities or the provision
of services at the time the application for concurrency
determination is being evaluated;
ORDINANCE NO. 97m.21
C. The new facilities have been included in the adopted Indian
River County Capital Budget for the fiscal year in effect at
the time the application for the concurrency determination is
being evaluated;
d. The new facilities are guaranteed in an enforceable
development agreement for the development under
consideration. An enforceable development agreement may
include, but is not limited to, development agreements
pursuant to Section 163.3220 et seq., Florida Statutes.
Such facilities shall be- consistent with the Capital
Improvements Element of the Indian River County
Comprehensive Plan, as it may be amended from time to
time;
e. The new facilities are guaranteed in an enforceable
development agreement for a development different than the
one under consideration, provided that the new facilities are
the subject of a binding executed contract for construction
with a start date during the fiscal year in effect at the time
the application for the concurrency determination is being
evaluated,,*,, or
f. A development
order or permit
be determined
is
issued
subject
to
the
adding
together:
condition
that the
necessary
facilities
and services
will
be in
place and
available at the time
of
the
issuance
of
a
Certificate
of Occupancy
B. LDR Section 910.09(2)(a) is hereby amended to read as follows:
C. LDR Section 910.09(3)(a) is hereby amended to read as follows:
The total park acreage of existing parks by type by park district;
and
2. The total park acreage of proposed parks by type by park district if:
additions.
be determined
by
(a) Recreation supply.
Recreation supply can
adding
together:
The total park acreage of existing parks by type by park district;
and
2. The total park acreage of proposed parks by type by park district if:
additions.
ORDINANCE NO. 97- 21
b.
.......................................................................................................
......................................................................................................
order or permit
is
issued, the
The
Facility expansvr
is in place or under
or
property
acqu
ttvr
proposed
park is guaranteed
in an
enforceable
development
agreement
J.
providing for
.............................................
.............................................
facility
opanstpilproperty
acquisition
within
one year of
the issuance
of the Certificate
of Occupancy.
D. LDR Section 910.09(4)(a) is hereby amended to read as follows:
(a) Transportation supply (capacity). Transportation supply must be
determined on a segment by segment basis. For concurrency purposes, all
segments on the county's thoroughfare plan must be considered. Capacity
for segments will be based either on FDOT's generalized capacity tables or
individual segment capacity studies approved by the public works director
pursuant to the criteria specified in Chapter 952, Traffic. Transportation
supply for each segment is:
The segment's existing peak hour, peak season, peak direction
capacity; or
2. The segment's new roadway capacity if facility expansion for the
segment is proposed and if
a. at the
time the development
order or permit
is
issued, the
facility
is in place or under
construction; or
additions.
ORDINANCE NO. 97. 21
b. the county grants conditional project approval such that a
development order or permit is issued subject to the
conditions that the transportation facilities needed to serve
the new development are included in Capital Improvements
Element Table 13.24, the county's adopted five year
schedule of prioritytransportation capital improvements,
and are scheduled to be in place or under actual
construction not more than two years after issuance of a
certificate of occupancy for the development. By reference,
the schedule of capital improvements recognizes and
includes transportation projects included in the first three
years of the applicable, adopted Florida Department of
Transportation five year work program. Table 13.24 also
includes the estimated date for the commencement of actual
construction and the estimated date of completion for each
of the transportation capital improvements. Where a
development order or permit is issued pursuant to the
provisions of this section the development order or permit
shall include a condition that a comprehensive plan
amendment will be required to eliminate, defer, or delay
construction of any transportation facility improvement
which is listed in the comprehensive plan's five-year
schedule of capital improvements, and which is needed to
maintain the adopted level of service standard for roadway
segments impacted by the project. In approving a
development permit the county may impose conditions
requiring that transportation facilities necessary to serve the
project be in place or under construction by a date certain
which shall not exceed two years from the issuance of a
certificate of occupancy; or
occupancy; or
d. at
the
time
development
development
order
or
permit
is
is
issued,
the
necessary
C. at
the time
a
facilities
order
or permit
in an
enforceable
necessary
development
transportation
agreement,
pursuant
facilities
are
the
subject
163.3220,
of a
binding
or
executed
agreement
or development
which
requires
issued
the necessary
pursuant
transportation
Chapter
380,
facilities
S., to be
in
place
to serve the
new
development
construction
to be
in
two
place or
under
construction
issuance
of
not
more
than
two
years
after
for
the
issuance
of a
certificate
of
-occupancy
the
approving
for
the
agreement,
development.
the
county
In
approving
a binding
conditions
executed
agreement,
that transportation
the
county
may impose
necessary
conditions
requiring
the
that
be in
place
transportation
under construction
facilities
by
a
date
necessary
to
serve
the
project
exceed
be in
two years
or
under construction
issuance
by a
date
certain
of
which
shall
not
place
exceed
two
years
from
the issuance
of a certificate
of
occupancy; or
d. at
the
time
a
development
order
or
permit
is
issued,
the
necessary
transportation
facilities
are guaranteed
in an
enforceable
development
agreement,
pursuant
to
Section
163.3220,
F.S.,
or
an agreement
or development
order
issued
pursuant
to
Chapter
380,
F.
S., to be
in
place
or
under
actual
construction
not more
two
years after
issuance
of
a
for
development.
In
certificate
of
occupancy
the
approving
a
development
agreement,
the
county
may
impose
conditions
requiring
that transportation
facilities
necessary
to
serve
the
project
be in
place
or
under construction
by
a
date
certain
which shall
not
exceed
two years
from
the
issuance
of
a certificate
of
occupancy
ORDINANCE NO. 97- 21
E. LDR Section 910.09(5)(a)2 is hereby amended to read as follows:
2. The new maximum discharge rate per acre throughout the basin or sub.
basin, if new drainage facilities or drainage facility improvements are
proposed within the basin or sub -basin. Proposed new drainage facilities or
drainage facility improvements shall be considered in determining a new
maximum discharge rate only if one or more of the following is
demonstrated:
a. Construction of the new facilities is underway at the time the
application for the concurrency determination is being evaluated;
b. The new facilities are the subject of a binding executed contract for
the construction of the facilities or the provision or services at the
time the application for the concurrency determination is being
evaluated;
C. The new facilities have been included in the adopted Indian River
County Capital Budget for the fiscal year in effect at the time the
application for the concurrency determination is being evaluated;
d. The new facilities are guaranteed in an enforceable development
agreement for the concurrency determination application under
consideration. An enforceable development agreement may
include, but is not limited to, development agreements pursuant to
Section 163.3220 et seq., Florida Statutes. Such facilities shall be
consistent with the capital improvements element of the Indian
River County Comprehensive Plan, as it may be amended from time
to time; or
e. The new facilities are guaranteed in anenforceable development
agreement for a development different than the one under
consideration, provided that the new facilities are the subject of a
binding executed contract for construction of the facilities with a
construction start date during the fiscal year in effect at the time the
application for the concurrency determination is being evaluated:::;
or
additions.
is issued
f.
A development order
or permit
subject
to the condition
that the necessary facilities
and
services
will be
in place and
issuance
Occupancy.
available at the time
of the
of
a Certificate
of
additions.
ORDINANCE NO, 97- 21
A portion of the use table of LDR Section 911.10(4) is hereby amended to read as
follows:
Finance, Insurance, Real Estate, Legal
Services
Banks & credit institutions
Small-scale banks & credit
institutions
Security & commodity brokers
Insurance agents, brokers & service
Automatic teller machines
P - P P P -
_A P_ - P_ P_ P_ P_
P P - P P P -
P P - P P P -
P P P P P P -
LDR Section 971.13(4) is hereby established, to read as follows:
which the bank or credit
administrative
having
Small -Scale
Banks in the PRO
District
banks
A portion of the use table of LDR Section 911.10(4) is hereby amended to read as
follows:
Finance, Insurance, Real Estate, Legal
Services
Banks & credit institutions
Small-scale banks & credit
institutions
Security & commodity brokers
Insurance agents, brokers & service
Automatic teller machines
P - P P P -
_A P_ - P_ P_ P_ P_
P P - P P P -
P P - P P P -
P P P P P P -
LDR Section 971.13(4) is hereby established, to read as follows:
U District requiring
which the bank or credit
administrative
having
permit
approval (pursuant to the
Small-scale
banks
and credit
institutions
project
in the PRO district.
plan
U District requiring
which the bank or credit
administrative
having
permit
approval (pursuant to the
informational
requirements:
1. Graphics
and calculations
on the
project
site
plan
provisions of
section
demonstrating
under c.),
971.04):
with the
PRO
size.
1. The site upon
which the bank or credit
institution
having
is to
Additional
informational
requirements:
1. Graphics
and calculations
1. The site upon
which the bank or credit
institution
having
is to
be
Uc.) Small-scale banks
1. Graphics
and calculations
on the
project
site
plan
developed shall
front on an urban principal
demonstrating
under c.),
compliance
below.
with the
special
size.
criteria
of
listed
1. The site upon
which the bank or credit
institution
having
is to
be
Uc.) Small-scale banks
or credit
institutions
containing
may
be allowed
on a PRO -
developed shall
front on an urban principal
shall
arterial
one
road.
size.
institution
of
shall be
the
following
Plan,
shall
zoned site upon
satisfaction
of
road
criteria:
1. The site upon
which the bank or credit
institution
having
is to
be
2. The development
parcel
containing
the
small-scale
or
developed shall
front on an urban principal
shall
arterial
one
road.
size.
5. Between any small-scale bank or credit institution and a
residentially designated property there shall be a collector or
arterial roadway or a Type "B" buffer with 6' opaque
feature.
having
depth 20,
bank
2. The development
parcel
containing
the
small-scale
or
credit
institution
shall
be at least
one
acre in
size.
5. Between any small-scale bank or credit institution and a
residentially designated property there shall be a collector or
arterial roadway or a Type "B" buffer with 6' opaque
feature.
having
depth 20,
4. A landscape
strip
3.
Only one small-scale
and
bank
or
credit
road
institution
of
shall be
60
Corridor
Plan,
shall
be provided
between any adjacent
road
right-of-way
and the
small-scale
bank or credit
institution
allowed on any
building
individual
related
development
parcel,
and said
bank
or institution
shall
be limited
to
a building
area
(gross
enclosed,
air-conditioned
or
heated
area)
of
no more
than
3,000
square
feet
with no
more
than
3 drive
-up stations.
Other uses allowed
in the
PRO
district
may
be developed
on
the
same site
or in
the same
building
as the
small-scale
bank
or credit institution.
5. Between any small-scale bank or credit institution and a
residentially designated property there shall be a collector or
arterial roadway or a Type "B" buffer with 6' opaque
feature.
having
depth 20,
4. A landscape
strip
a minimum
of
and
meeting
the
SR 60
road
buffer requirements
of
the SR
60
Corridor
Plan,
shall
be provided
between any adjacent
road
right-of-way
and the
small-scale
bank or credit
institution
building
and
related
improvements.
5. Between any small-scale bank or credit institution and a
residentially designated property there shall be a collector or
arterial roadway or a Type "B" buffer with 6' opaque
feature.
ORDINANCE NO, 97=21
6. At least 15% of the parkin area rea (driveway sand parking
spaces) of a small-scale bank or credit institution shall be
landscaped.
PART 5. 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.
PART 6. CODIFICATION
The provisions of this ordinance shall be incorporated into the County Code and the word
"Ordinance" may be changed to "section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish such intentions.
PART 7. SEVERABILITY
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.
PART 8. EFFECTIVE DATE
The provisions of this ordinance shall become effective upon filing with the Department of
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida on this 15 day of J u 1 y ,
1997.
This ordinance was advertised in the Vero Beach Press -Journal on the 2 day of June
1997, and on the 6 day of July , 1997, for public hearings
to be held on the 1 o day of June , 1997, and on the 15 day of
July , 1997 at which time at the final hearing it was moved for adoption by
Commissioner Ti ppi n , seconded by Commissioner
Adams and adopted by the following vote;
Chairman Carolyn K. Eggert
Commissioner Fran B. Adams
Commissioner Caroline D. Ginn
Commissioner Kenneth R. Macht
additions.
Vice
Chairman John W.
Tippin
Commissioner Fran B. Adams
Commissioner Caroline D. Ginn
Commissioner Kenneth R. Macht
additions.
ORDINANCE NO, 97- 21
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, y
d
By.
Carolyn K. ' gel 1, Chair .._
9R�
zc
ATTEST' BY: ,a
/effre'' K on; Clerk
Y' �r
Acknowledgment by the Department of State of the State of Florida this 24th day of
jl=qy , 1997.
Effective Date: Filed with the Department of State on the 21,t_ day of
1997.
Robert M. Keating, AIC.P
Community Developmen Dire t
u\c\s\ldr\0610. ord
William
G. Collins
Robert M. Keating, AIC.P
Community Developmen Dire t
u\c\s\ldr\0610. ord