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Home My WebLink About2006-014s �L� 6 c 6 A,/ lU LAN1) 1JLVLLUPMtN1 KhUULA11UN (L1JKS); rKUV11J11NU V11N1J11Nukj; rKUV11J11NU FOR AMENDMENTS TO CHAPTER 911, ZONING, BY AMENDING REQUIRED IMPROVEMENTS SECTION 911.08(6), BY AMENDING REQUIRED BUFFER YARDS SECTION 911.08(8), BY 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) AND TITLE X REGULATIONS BE AMENDED AS FOLLOWS: SECTION #1: The multi -family zoning district regulation sections 911.08(6), and 911.08(8) are hereby amended to read as follows. (6) Required improvements. All.future subdivisions and site plans for development in multiple - family districts shall install the following improvements, designed and constructed to meet the requirements and -specifications of the Code of Laws and Ordinances of Indian River County and the State of Florida. A. Bikeways. The proiect developer shall be responsible for providing a bikeway(s) along the proiect site's frontage on all rights-of-way or easements if such bikeway facility is designated in the Indian River County Comprehensive Bikeway and Sidewalk Plan. B. Sidewalks: The proiect developer shall be responsible for providing a sidewalk(s) along the proiect site's frontage on all rights-of-way (existing or created via the proiect plat) and/or street easements (existing or created.via the proiect plat) if such sidewalk facility is designated in the Indian River County Comprehensive Bikeway and Sidewalk Plan or required in the site's applicable zoning district. Five-foot wide sidewalks shall also be required on both sides of all interior streets within rights-of-way and/or easements (existing or created via the proiect plat). A minimum 6 (six) foot strip of irrigated, approved ground cover or sodded landscape area shall be provided between the curb and the sidewalk with canopy trees provided every 50'. Bold Underline: Additions to Ordinance 1 St fi e *,,..,...gh Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 911.08 multi -family zoning.RTF District RM -3 RM -4 RM -6 RM -8 RM -10 Bikeways X X X X X Sidewalks X X X X X Streetlights X X X X X Curbs Green Sp ace/ Recreation Space X X X X X X X X X X Storm Water Management X X X X X X X Dedication of Ri hts-of-Wa X X X A. Bikeways. The proiect developer shall be responsible for providing a bikeway(s) along the proiect site's frontage on all rights-of-way or easements if such bikeway facility is designated in the Indian River County Comprehensive Bikeway and Sidewalk Plan. B. Sidewalks: The proiect developer shall be responsible for providing a sidewalk(s) along the proiect site's frontage on all rights-of-way (existing or created via the proiect plat) and/or street easements (existing or created.via the proiect plat) if such sidewalk facility is designated in the Indian River County Comprehensive Bikeway and Sidewalk Plan or required in the site's applicable zoning district. Five-foot wide sidewalks shall also be required on both sides of all interior streets within rights-of-way and/or easements (existing or created via the proiect plat). A minimum 6 (six) foot strip of irrigated, approved ground cover or sodded landscape area shall be provided between the curb and the sidewalk with canopy trees provided every 50'. Bold Underline: Additions to Ordinance 1 St fi e *,,..,...gh Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 911.08 multi -family zoning.RTF ORDINANCE 2006- 014 *C. Curbs: Curbing, or other barrier approved by the County Engineer, is required to be installed between all sidewalks and adjacent'interior roadways and parking areas. *D. Green Space and/or Recreation Space: 'All multi -family developments must set aside a minimum of 7.5% of the total project site area as dedicated to green space and/or recreation space. Upland preserve and wetland areas may be credited toward this tion tracts shall be located, operated in such a manner that minimizes adverse noise and lighting impacts on adiacent or nearby developments. For purposes of this regulation, "recreation space" may include recreational facilities and .amenities such as parks, ball courts, and pools. Common spaces credited toward meeting this requirement shall be located and designed to be convenientiv accessible to all project residents, and shall be sized, located, and A to function recreation facility, or other similar type of amenity. tion area, open 1. Recreation tracts located within one hundred twenty-five (125) feet of the boundary of the development shall be either: a. Designated on a final plat, or other document recorded in the public records, as being used for passive recreation uses: no active uses, such as but not limited to basketball or tennis courts, shall be permitted on these tracts. b. Buffered from adjacent development boundaries with a minimum twenty-five (25) foot wide Type B (or better) buffer with a six (6) foot opaque feature (see Chapter 926). 2. Any and all lighting used within recreation tracts shall be approved by the County and shall be adequately shielded to prevent lighting or glare from encroaching on to properties adjacent to or nearby the development. *E. Stormwater Management: Open swales along the sides of internal project streets are not permitted. A stormwater management system shall be constructed in accordance with the requirements of Chapter 930. Stormwater shall be retained in a lake for all multi- family developments. Drainage swales shall be permitted only for conveyance purposes and not for capacity calculations. Dry detention may be used only in circumstances where retention in a lake conflicts with the aquifer recharge criteria, where existing trees and vegetation can be preserved in and around a dry detention area, or where approved by the Public Works Director if warranted by soils or other site characteristics in accordance with Chapter 930 provisions and regulations. *F. Dedication of Rights -of -Way: All right-of-way areas set aside for future roadway improvements shall be landscaped, and irrigated to the edge of the paved roadway by the developer and/or Homeowner's Associations. Maintenance of the right-of-way areas shall be the responsibility of the developer and/or Homeowner's Association. Bold Underline: Additions to Ordinance St fi e tt,,.etigt : Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 911.08 multi -family zoning.RTF ORDINANCE 2006- 014 *G. Internal Pedestrian Systems: Within projects an internal pedestrian system shall be provided which connects to the off-site public sidewalk/pedestrian system. The internal system shall provide five-foot wide sidewalks, or other surface approved by the County Engineer, which serve each unit and internal recreation and amenity area. *NOTE: The requirements of items C, D, E, F, and G shall not apply to legally established individual lots and parcels of record upon which no more than three residential units are proposed. (8) Required buffer yards: Wmulti family p eet i the RAI 6 RM 4sr RM 10 a;stW,.+ dir-eedy adjoins a single famil zoning distr-iet, buff r- yards shall be provided aleng the boundary between the meet and—the single family zoning ais+ri^+ Applications for single- family subdivision projects in the RM -3, RM4, RM -6, RM4, and RM40 districts shall satisfy the buffer yard requirements of section 911.07(8). Applications for multi -family development proiects shall provide for 25' Type B (or better) buffer tracts around project perimeters. The following exceptions shall apply. a. Multi -family developments of 10 acres or less shall provide a 25' Type B (or better) perimeter buffer, in a buffer tract, along all external roads and all abutting properties that are not zoned multi -family zoning. No buffer is required where one multi -family development abuts another multi -family development or multi -family district. 1. Multi -family developments of three residential units or less on legally established lots and parcels of record shall provide a Type C buffer along perimeters that abut property not zoned multi -family residential. Along perimeters that abut roadways, the multi -family roadway buffer requirements of 926.09(1)(h) shall apply. b. Multi -family developments in excess of ten (10) acres shall provide a 25' B (or better) perimeter buffer along external roads and abutting properties not zoned multi -family. In situations where one multi -family development abuts another multi -family development or multi -family district, a 25' Type B (or better) buffer shall be provided. A fifteen -foot (159) native, vegetation buffer, having a planting density equivalent to a Type B buffer and approved in writing by Environmental Planning for site suitability, plantings plan, and maintenance plan, may be substituted for a 25' Type B buffer along the boundary that abuts multi -family zoning or development. In addition, in order to qualify for the native buffer substitution, the project's required. green space/recreation space must be increased from 7.5% to 10% of the total project site area. Buffer yards are required along ,-eaflside propefty l;,,os. along project perimeters as described above, measured at right angles to lot lines, as follows:. Where a Type B (or better) buffer is required, a 6' opaque shall be required as part of the buffer. Bold Underline: Additions to Ordinance Stfike +t,,.,,.,gh Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 911.08 multi -family zoning.RTF ORDINANCE 2006- 014 c. Wall Variation. Subdivision ordinance section 913.09(9)(c), design requirements for walls along roadways, shall apply in multi -family projects where walls are proposed alone roadways. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 33, 2-27-91; Ord. No. 9148, § 17, 12-4-91; Ord. No. 92-39, § 12, 9-29-92; Ord. No. 93-8 §§ 2, 12, 24, 3-18-93; Ord. No. 93-29, § 5B, 9-7-93; Ord. No. 94-1, §§ 2D, 4C, 6C, 1-5-94; Ord. No. 94-25, §§ 8, 22, 8-31-94; Ord. No. 96-5, § 1(C), 2-27-96; Ord. No. 97-16, § 3(3), 5-6- 97; Ord. No..98-9, § 9, 549-98; Ord, No. 2000-004, § 2C, 245-00; Ord. No. 2000-038, § 1B, 11-21-00; Ord. No. 2002-016, § 1C, 4-2-02; Ord. No. 2002-031, § 1C, 11-12-02) SECTION #2: 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 #3: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: 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. Bold Underline: Additions to Ordinance 4 Stfike *t,..,,,.gh Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 911.08 multi -family zoning.RTF ORDINANCE 2006- 014 SECTION #5: EFFECTIVE DATE. Approved and adopted by the Board of County Commissioners of Indian River County, Florida; on this 16th day of May , 2006. This ordinance was advertised in the Press -Journal on the 1 st day of May 2006, for a public hearing to be held on the 16th day of May , 2006, at which time it was moved for adoption by Commissioner Wheel er , seconded by Commissioner Davi s , and adopted by the following vote: Chairman Arthur R. Neuberger A.ye Vice Chairman Gary C. Wheeler Aye Commissioner Sandra L. Bowden Aye Commissioner Thomas S. Lowther Aye Commissioner Wesley S. Davis Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER CO TY� _1 BY: ArthurR:._Neu rge , Chai n T ATTEST BY: wa �a►�-`"� 1 ' C Fty,r: Jeffrey K. Barton, Clerk This. ordinance was filed with the Department of State on the following date: MAY 2 2 2006 William G. Collins II, County Attorney 25re4Y4. Keating, AACP; ommunit7evelopment Director Bold Underline: Additions to Ordinance Stfike thr-o g Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2006\2006- 911.08 multi -family zoning.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 16th day of May , 2006. This ordinance was advertised in the Press -Journal on the 1 st day of May 2006, for a public hearing to be held on the 16th day of May , 2006, at which time it was moved for adoption by Commissioner Wheel er , seconded by Commissioner Davi s , and adopted by the following vote: Chairman Arthur R. Neuberger A.ye Vice Chairman Gary C. Wheeler Aye Commissioner Sandra L. Bowden Aye Commissioner Thomas S. Lowther Aye Commissioner Wesley S. Davis Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER CO TY� _1 BY: ArthurR:._Neu rge , Chai n T ATTEST BY: wa �a►�-`"� 1 ' C Fty,r: Jeffrey K. Barton, Clerk This. ordinance was filed with the Department of State on the following date: MAY 2 2 2006 William G. Collins II, County Attorney 25re4Y4. Keating, AACP; ommunit7evelopment Director Bold Underline: Additions to Ordinance Stfike thr-o g Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2006\2006- 911.08 multi -family zoning.RTF