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Home My WebLink About2003-002ORDINANCE 2003- 002 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REGARDING SETBACK REDUCTIONS FOR SCHOOLS, AMENDING LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 971.14(4) 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: 1. Specific land use criteria for schools, LDR section 971.14(4), is hereby amended as follows: (4) Educational _ centers including schools, primary and secondary (not including business and vocational schools) (special exception and administrative permit). (a) Districts requiring administrative permit approval (pursuant to the provisions of 971.04): OCR, MED, CN, CL, CG. 1. A site plan which denotes the location of all existing structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of Chapter 914; 2. A description of the anticipated service area and projected enrollment shall be provided; 3. A copy of all requisite licenses from State of Florida. Additional information (d) Criteria (c) for requirements: facilities: Districts 971.05): A-1 A-2 (b) requiring special exception (pursuant to the of provisions A-3 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 RM -8 RM -10 ROSE -4 RMH-6 RMH- 8 Con -1 Con 2 Con -3. 1. A site plan which denotes the location of all existing structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of Chapter 914; 2. A description of the anticipated service area and projected enrollment shall be provided; 3. A copy of all requisite licenses from State of Florida. Additional information (d) Criteria (c) for requirements: 1. A site plan which denotes the location of all existing structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of Chapter 914; 2. A description of the anticipated service area and projected enrollment shall be provided; 3. A copy of all requisite licenses from State of Florida. 1. Sites for secondary schools shall be located near thoroughfares so as to discourage traffic along local residential streets in residential subdivisions. Elementary schools should be discouraged from locating adjacent to major arterial roadways; 2. For the type of facility proposed, the minimum spatial requirements for the site shall be similar to standards utilized by the Indian River County school board and the State of Florida; 3. Except as provided below, no Ne main or accessory building shall be located within one hundred (100) feet of any property line not adjacent to a street or roadway�le , and no main or accessory building shall be located within fifty (50) feet of any property line abutting a local road right-of-way that serves a single- family area; Coding: Words in sti��, ethraRa : type are deletions from existing law. Words underlined are additions. F:\Community Development\Users\CurDev\OR DINANCE\Setback Reductions Por Schools 011403.doc (d) Criteria for educational facilities: 1. Sites for secondary schools shall be located near thoroughfares so as to discourage traffic along local residential streets in residential subdivisions. Elementary schools should be discouraged from locating adjacent to major arterial roadways; 2. For the type of facility proposed, the minimum spatial requirements for the site shall be similar to standards utilized by the Indian River County school board and the State of Florida; 3. Except as provided below, no Ne main or accessory building shall be located within one hundred (100) feet of any property line not adjacent to a street or roadway�le , and no main or accessory building shall be located within fifty (50) feet of any property line abutting a local road right-of-way that serves a single- family area; Coding: Words in sti��, ethraRa : type are deletions from existing law. Words underlined are additions. F:\Community Development\Users\CurDev\OR DINANCE\Setback Reductions Por Schools 011403.doc ORDINANCE 2003- 002 a. Where a school building is to be located adjacent to a property zoned RM7 6 RM -8 RM -10 commercial or industrial and there is a non-residential use or reduced setback project (small lot subdivision or planned development) on that adjacent property, then the building setback along that adjacent property may be reduced to no less than 25'. b. Where a school is to be located adjacent to property zoned RM -4, RM -3, single-family, or agricultural, and there is a non-residential and non-agricultural use on that adjacent -Property, then the building setback may be reduced to no less than 50'. 4. The applicant shall submit a description of anticipated service area and projected enrollment, by stages if appropriate, and relate the same to a development plan explaining: a. Area to be developed by construction phase; b. Adequacy of site to accommodate anticipated facilities, enrollment, recreation area, off-street parking, and pedestrian and vehicular circulation on-site including loading, unloading and queuing of school bus traffic; c. Safety features of the development plan; 5. No rooms within the school shall be regularly used for the housing of students when located in a single-family residential district; 6. The facilities shall have a Type "C" buffer in the A-1, A-2, A-3, RFD, RS -1, RS - 21 RS -3 and RS -6 districts; a. The board of county commissioners may waive or reduce the buffer requirements where the educational facility is located next to an existing cemetery, place of worship, child care facility, adult care facility, community center, or school. Consideration shall be given to security, noise, and visual impacts. Where a waiver or buffer reduction is granted, normal perimeter landscaping requirements shall apply, and alternative requirements (such as fencing) may be required. 7. The facilities shall have a Type "D" buffer in all other residential districts not listed in subsection 6 above. a. The board of county commissioners may waive or reduce the buffer requirements where the educational facility is located next to an existing cemetery, place of worship, child care facility, adult care facility, community center, or school. Consideration shall be given to security, noise, and visual impacts. Where a waiver or buffer reduction is granted, normal perimeter landscaping requirements shall apply, and alternative requirements (such as fencing) may be required. Coding: Words ins ah type are deletions from existing law. Words underlined are additions. F:\Community Deve lopttreat\Users\CurDev\ORDINANCHVSetbuck Reductions for Schools 0. OC ORDINANCE 2003- 002 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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 3. 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 re -lettered to accomplish such intentions. 4. 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. 5. Effective Date This ordinance shall take effect upon filing with the State of Florida. This ordinance was advertised in the Vero Beach Press Journal on the 8th day of January , 2003, for public hearing to be held on the 21 st day of January , 2003 at which time at the final hearing it was moved for adoption by Commissioner Gi nn seconded by Commissioner Neuberger , and adopted by the following vote; The ordinance was adopted by a vote of: Chairman Kenneth R. Macht Aye Vice Chairman Caroline D. Ginn Aye Commissioner Fran B. Adams Aye Commissioner Thomas S. Lowther Aye Commissioner Arthur R. Neuberger Aye FAConununity Development\Users\CurDev\ORDINANCE\Setk) ck Reductions for Schools 011403.doc Conflicting Provisions 2. Repeal of 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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 3. 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 re -lettered to accomplish such intentions. 4. 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. 5. Effective Date This ordinance shall take effect upon filing with the State of Florida. This ordinance was advertised in the Vero Beach Press Journal on the 8th day of January , 2003, for public hearing to be held on the 21 st day of January , 2003 at which time at the final hearing it was moved for adoption by Commissioner Gi nn seconded by Commissioner Neuberger , and adopted by the following vote; The ordinance was adopted by a vote of: Chairman Kenneth R. Macht Aye Vice Chairman Caroline D. Ginn Aye Commissioner Fran B. Adams Aye Commissioner Thomas S. Lowther Aye Commissioner Arthur R. Neuberger Aye FAConununity Development\Users\CurDev\ORDINANCE\Setk) ck Reductions for Schools 011403.doc 1 ORDINANCE 2003- 002 Attest: � Jeffrey K B"anon; rkJ y; it BY BY PA RICIA0 ;RI®GE06puty.., k enneth R. Macht, Chairman Board of County Commissioners } Filed with the Department of State on the, day of 'G , 2003. APPROVED AS TO LEGAL FORM William G. Collins Deputy County Attorney Community Development F:\Conununity Deve lopment\Users\Cu ev\ORDINANCE6etbuck Reductions for Schools 0114W. OC