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HomeMy WebLinkAbout2006-012n 7 1V LAND 1)tVhLVFMtN1 K_tUULA11VN ) (LL)XS); YKVV1111NU VIIN111NVJ; -1KVVIIAINU FOR AMENDMENTS TO CHAPTER 913, . PROCEDURES AND REQUIREMENTS FOR SUBMITTING AND PROCESSING SUBDIVISION APPLICATIONS, BY AMENDING ADDITIONAL INFORMATION REQUIRED FOR PRELIMINARY PLAT APPLICATIONS IN SECTION 913.07(4)(E), BY AMENDING REVIEWS IN SECTION 913.07(4)(F)l, AND PROVIDING FOR AMENDMENTS TO CHAPTER 914, SITE PLAN REVIEW AND APPROVAL PROCEDURES, BY AMENDING CONCEPTUAL SITE PLANS; SUBMITTAL AND INFORMATION REQUIREMENTS IN SECTION 914.14(4)(B)14; BY ADDING SECTION 914.14(17); BY ADDING SECTION 914.06(5)(G); BY AMENDING 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: SECTION #1: Amend the subdivision ordinance preliminary plat submittal requirements of LDR Section 913.07(4)(E) to read as follows: (E) Additional information required for preliminary plat applications. In addition to the information required to appear on the preliminary plat, staff may detef,- ine at th f fma pro applieation eenf ^othat the following information will be required: 1. A survey of the existing site certified by a registered land surveyor indicating that the survey meets the minimum technical standards for land surveying in Florida pursuant to Florida Statutes section 472.027 and chapter 21HH-6.01, Florida Administrative Code, as supplemented and amended from time to time, with contour lines at one -foot intervals showing the following information: a. Watercourses and all free-flowing wells, if any; b. All water bodies showing the approximate mean high waterline; c. All environmentally sensitive land as defined by the Indian River County Comprehensive Plan; d. All protected trees identified by the Indian River County Tree Protection Ordinance; e. Coastal construction control line (1987 CCCL), and the county coastal Dune Stabilization Setback Line (DSSL), if applicable; Bold Underline: Additions to Ordinance 1 c, -ike th.,,,.g : Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- Chapters 913 and 914.RTF f. Endangered and threatened plants or animals, if required by Chapter 929; g. Archeological resources, if required by Chapter 933. 2. A description of existing site conditions including: a. Soil conditions and analysis; b. Groundwater table; C* Drainage pattern on-site and within two hundred (200) feet of the site boundary; d. The extent, area, and type of all native vegetation communities; and e. Floodplain data on-site and within two hundred (200) feet of the subject site. 3. A sketch showing: a. Any existing water management or utility facilities; b. Proposed stormwater management plan and control facilities and general grading plan; c. Utility sources, distribution and collection lines, if available, (including but not limited to water, sewer, fire hydrants, electricity, cable television and telephone); d. Proposed locations of streetlights, sidewalks and bike paths, if any; and e. Proposed finished grade elevations of all lots. 4* if any „f this inf mi tie At, the pre -application conference, staff may determine that some or all information requirements in 1-3 above are not applicable;: a eleaflyNrisible to shall be en the .a, -..,ring in ieating ,A,L,;eh OF the .,L eve ; not . plieab.e to the site* 5. A written statement, signed by the applicant, certifying that a sign, meeting the requirements below, has been posted on the site. The signed written statement shall be accompanied by a dated photograph or digital photo image of the sign posted on the project site. a. Sign specifications: The sign shall have minimum dimensions of 16" x 21" and shall have a light-colored background (yellow or white) that provides high contrast with dark lettering. Bold Underline: Additions to Ordinance 2 Strike th..,,..gh Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2006\2006- Chapters 913 and 914.RTF b. Sign placement: The sign shall be posted at the front lot line of the proiect site in plain view of the public. The bottom of the sign shall be at least 18" above the ground. c. Sign information: In black or dark lettering, with letters at least 2" high, the sign shall state the following: RESIDENTIAL DEVELOPMENT PROPOSED ON THIS SITE FOR INFO. CONTACT (insert applicant's phone number here) "(insert Project name here)" For non-residential proiects, the word "COMMERCIAL", or the specific proiect use (e.g. CHURCH, OFFICE, DAYCARE), shall be substituted for the word "RESIDENTIAL". d. Duration: The sign shall be posted a minimum of three (3) weeks. SECTION #2: Amend the subdivision ordinance preliminary plat review requirements of L Section 913.07(4)(F)1 to read as follows: (F) Reviews. 1. Technical review committee review. a. The community development department will forward one copy of the proposed preliminary plat to each of the county divisions or other interested agencies within three (3) working days of the initial submittal of the preliminary plat for their review and written comments or approval. b. Within eleven (11) days after the receipt of the preliminary plat and prior to the date the application is scheduled to be considered at a TRC meeting, TRC members shall submit to the planning division written staff approvals or the identification of any discrepancies. C, At a technical review committee (TRC) meeting, the discrepancy comments will be reviewed. d. The community development department shall, within four (4) working days from the TRC meeting, transmit a letter to the applicant or his engineer identifying all of the discrepancies pertaining to the preliminary plat that were discussed at the TRC meeting. Bold Underline: Additions to Ordinance 3 Stfike thio •& Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2006\2006- Chapters 913 and 914.RTF e. The applicant shall respond, in writing, to each comment following receipt of the discrepancy letter and submit five (5) sets of a revised preliminary plat if deemed necessary by the community development staff with a written response to each item in the project's TRC discrepancy letter and a written request to be placed on the planning and zoning commission's agenda for approval. The applicant's written response shall include a separate document that verifies the duration of the required sign posting and summarizes all contacts with the public. The summary shall, ata minimum, describe the nature of contacts (e.g. from nearby resident, by phone), the types of comments received, and changes to the project proposal (if any) based on comments received. g. Once all TRC comments have been adequately addressed, the community development department shall schedule the application for consideration at the soonest available planning and zoning commission meeting. An applicant may request, at any time in the review process, that the application be forwarded to the planning and zoning commission for consideration. Said request shall be submitted to the planning division in writing and shall acknowledge that, in staffs opinion, the application is not ready for consideration due to a lack of adequate responses to staff and/or reviewing agency comments. SECTION #3: Amend the site plan ordinance conceptual site plan submittal requirements of LDR Section 914.14(4)(b)14 to read as follows: 14. Additional submittal requirements may be required by staff at a formal pre - application conference or a TRC meeting, whichever occurs first, based upon staff concerns and issues particular to the site, surrounding area, or proposed use. The posted sign notice requirements of 914.14(17) and 914.06(5)(8) shall be applied. SECTION #4: Site plan ordinance site plan submittal requirements subsection 914.14(17) is hereby established to read as follows: Bold Underline: Additions to Ordinance 4 Stfi e th fo..gh Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- Chapters 913 and 914.RTF by TRC to be f. The TRC may require re -review of the project members discussed at another TRC meeting. g. Once all TRC comments have been adequately addressed, the community development department shall schedule the application for consideration at the soonest available planning and zoning commission meeting. An applicant may request, at any time in the review process, that the application be forwarded to the planning and zoning commission for consideration. Said request shall be submitted to the planning division in writing and shall acknowledge that, in staffs opinion, the application is not ready for consideration due to a lack of adequate responses to staff and/or reviewing agency comments. SECTION #3: Amend the site plan ordinance conceptual site plan submittal requirements of LDR Section 914.14(4)(b)14 to read as follows: 14. Additional submittal requirements may be required by staff at a formal pre - application conference or a TRC meeting, whichever occurs first, based upon staff concerns and issues particular to the site, surrounding area, or proposed use. The posted sign notice requirements of 914.14(17) and 914.06(5)(8) shall be applied. SECTION #4: Site plan ordinance site plan submittal requirements subsection 914.14(17) is hereby established to read as follows: Bold Underline: Additions to Ordinance 4 Stfi e th fo..gh Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- Chapters 913 and 914.RTF ORDINANCE 2006- 012 (17) For all site plan applications that are not associated with -a request involving a public hearing but are required to be reviewed by the Planning and Zoning Commission, the following shall be submitted with the site plan application: A written statement, signed by the applicant, certifying that a sign, meeting the requirements below, has been posted on the site. The signed written statement shall be accompanied by a dated photograph or digital photo image of the sign posted on the project site. a. Sign specifications. The sign shall have minimum dimensions of 16" x 21" and shall have a light-colored background (yellow or white) that provides high contrast with dark lettering. b. Sign placement: The sign shall be posted at the front lot line of the proiect site in plain view of the public. The bottom of the sign shall be at least 18" above the ground. c. Sign information: In black or dark lettering, with letters at least 2" high, the sign shall state the following: RESIDENTIAL DEVELOPMENT PROPOSED ON THIS SITE FOR INFO. CONTACT (insert applicant's phone number here) "(insert proiect name here)" For non-residential proiects, the word "COMMERCIAL", or the specific proiect use (e.g. CHURCH, OFFICE, DAYCARE), shall be substituted for the word "RESIDENTIAL". SECTION #5: Site plan ordinance site plan review subsection 914.06(5)(g) is hereby established to read as follows: (g) For all site plan applications that are not associated with a request involving a public hearing but are required to be reviewed by the Planning and Zoning Commission, the applicant shall submit the following along with his response to TRC comments and revised site plans: A separate document that verifies the duration of the required sign posting and summarizes all contacts with the public. The summary shall, at a minimum, describe the nature of contacts (e.g. from nearby resident, by Bold Underline: Additions to Ordinance c, -ike t ..,.,,gh Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- Chapters 913 and 914.RTF d. Duration: The be minimum three (3) weeks. sign shall posted a of SECTION #5: Site plan ordinance site plan review subsection 914.06(5)(g) is hereby established to read as follows: (g) For all site plan applications that are not associated with a request involving a public hearing but are required to be reviewed by the Planning and Zoning Commission, the applicant shall submit the following along with his response to TRC comments and revised site plans: A separate document that verifies the duration of the required sign posting and summarizes all contacts with the public. The summary shall, at a minimum, describe the nature of contacts (e.g. from nearby resident, by Bold Underline: Additions to Ordinance c, -ike t ..,.,,gh Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- Chapters 913 and 914.RTF phone), the types of comments received, other and changes to the proiect ordinance that are inconsistent proposal (if any) based on comments received. with upon provisions SECTION #6: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #7: REPEAL OF CONFLICTING ORDINANCES. The of any other Indian River County ordinance that are inconsistent or in conflict This Ordinance shall with upon provisions filing with the Department of inconsistency the provisions of this Ordinance are repealed to the extent of such or conflict. SECTION #8: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #9: EFFECTIVE DATE. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 11 thday of Apri 1 , 2006. 6 This ordinance was advertised in the Press -Journal on the 27th day of March 2005, for a public hearing to be held on the 11 th day of April , 2006, at which time it was moved for adoption by Commissioner RnwciPn , seconded by Commissioner Wheel er , and adopted by the following vote: Chairman Arthur R. Neuberger Aye Vice Chairman Gary C. Wheeler Aye Commissioner Sandra L. Bowden Aye Commissioner Thomas S. Lowther Aye Commissioner Wesley S. Davis Aye Bold Underline: Additions to Ordinance Stfi e 01foughi Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2006\2006- Chapters 913 and 914.RTF State. This Ordinance shall take effect immediately upon filing with the Department of Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 11 thday of Apri 1 , 2006. 6 This ordinance was advertised in the Press -Journal on the 27th day of March 2005, for a public hearing to be held on the 11 th day of April , 2006, at which time it was moved for adoption by Commissioner RnwciPn , seconded by Commissioner Wheel er , and adopted by the following vote: Chairman Arthur R. Neuberger Aye Vice Chairman Gary C. Wheeler Aye Commissioner Sandra L. Bowden Aye Commissioner Thomas S. Lowther Aye Commissioner Wesley S. Davis Aye Bold Underline: Additions to Ordinance Stfi e 01foughi Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2006\2006- Chapters 913 and 914.RTF ORDINANCE 2006- 012 I:• Jeffrey K. Barton, Clerk .FTC.., r William G. Collins II, County Attorney Director Bold Underline: Additions to Ordinance 7 Strike thf etighT Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- Chapters 913 and 914.RTF 9 2006 This filed the Department State the following date: APR 1 ordinance was with of on William G. Collins II, County Attorney Director Bold Underline: Additions to Ordinance 7 Strike thf etighT Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- Chapters 913 and 914.RTF