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Home My WebLink About2007-0302007- 030 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS) TO IMPLEMENT COMPREHENSIVE PLAN CHANGES TO FLUE POLICY 5.8, AGRICULTURAL PDS; PROVIDING FINDINGS; PROVIDING FOR AN AMENDMENT TO CHAPTER 911, ZONING, BY AMENDING PLANNING DEVELOPMENT DISTRICT SECTION 911.14; PROVIDING FOR AN AMENDMENT TO CHAPTER 915, PLANNED DEVELOPMENT (P.D.) PROCESS AND STANDARDS FOR DEVELOPMENT, BY AMENDING RESIDENTIAL USE STANDARDS SECTION 915.13; 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) BE AMENDED AS FOLLOWS: SECTION #1: Amend section 911.14(2)(a)l., PD zoning district regulations, to read as follows: (2) Uses. (a) Any uses not otherwise prohibited in this chapter shall be considered permitted uses subject to the land development regulations and comprehensive plan of Indian River County and subject to the following restrictions: Residential communities shall be permitted on property with the following land use designations on the future land use map: M-2, M-1, L-2, L-1, C-2, C-3, R, AG -1, AG -2 and AG -3. All planned development (PD) projects approved in any area designated as AG, Agriculture, on the future land use map shall meet the following criteria: (i) The density of the project shall not exceed the maximum density of the AG land use designation; no density transfers from off-site lands and no density bonuses shall be permitted within PD projects,in AG designated lands; (ii) Lots created through the PD process shall not exeeed not be less than 1 acre in size, with the remainder of the area designated as open space;_ sSuch open space area shall be provided in contiguous areas established throut4h an open space, recreation, conservation and/or al4ricultural preservation easement(s) or similar instrument acceptable to the county attorney. Open space areas shall be placed under the control of an appropriate entity and maintained in perpetuity. Throullh deed restrictions or a similar instrument acceptable to the county attorney, infill development of open space areas that increases overall prosect residential density shall be prohibited. The deed restrictions or similar instrument shall be structured to give the county the riLyht to enforce the prohibition of residential density increase. um nw Bold Underline: Additions to Ordinance $.ka thFOughi Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007-_91 1.14(2) Ag uses.RTF 2007- 030 in the land use plan density for- the SUbjeet PFOPeFt�- (iii) Open spaee afeas shall be retained as natural afeas or used fOr- agr-ielilltld uses; however- Lip to thit4y peFeellt Of the open spaee afea may be used faf areas and tWenty (en) pereent in AG 3 areas.—Applicants shall identify Best Management Practices (BMPs) for stormwater management systems and uses/facilities within the project for which generally recognized BMPs have been established (e.g. agricultural uses, golf courses). BMPs shall address construction, maintenance, and operation Applicants shall also identify the agency or organization that will certify the project design and operations as meeting BMPs, and shall identify the certification process. Project construction, maintenance, and operations shall comply with the BMPs identified in the approved PD plan, and the county may attach PD approval conditions that ensure compliance with BMPs. Required project BMPs may be updated and modified by modifying the approved PD plan in accordance with regulations that govern PD modifications. (iv) All recreational amenities within the project shall be depicted on the PD plan and identified as required improvements. Recreational uses, such as vehicle or watercraft racing, that could constitute a nuisance to adjacent properties, shall not be permitted. Complementary and compatible agriculturally -related commercial and industrial uses may be included provided they occupy no more than ten (10) percent of the total project gross area. SECTION #2: Amend section 91.5.13(1), PD regulations in areas designated as agriculture, to read as follows: (1) Location and restrictions. Residential uses may be established within a P.D. project area, in a manner consistent with the applicable compatibility standards of this section (915.13) and section 915.16, where the underlying comprehensive plan land use designation allows such uses and where such uses are approved as accessory to an allowable use. (A) Residential development may be allowed in areas designated as agriculture on the comprehensive plan land use map, subject to the following restrictions. 1. The density of the project shall not exceed the maximum density of the AG land use designation; no density transfers from off-site lands and no density bonuses shall be permitted within PD projects in AG designated lands; 2. Lots created through the PD process shall not exeeed ane aeFe in not be less than 1 acre in size, with the remainder of the area designated as open space;_ 3. Such 9open space areas shall be provided in contiguous areas established through an open space, recreation, conservation and/or agricultural preservation easement(s) or similar instrument acceptable to the county Bold Underline: Additions to Ordinance �e� �.n.re h; Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007-_91 1.14(2) Ag uses.RTF 2007- 030 attorney. Open space areas shall be placed under the control of an appropriate entity and maintained in perpetuity. Through deed restrictions or a similar instrument acceptable to the county attorney, infill development of open space areas that increases overall project residential density shall be prohibited The deed restrictions or similar instrument shall be structured to give the county the right to enforce the prohibition of residential density increase. the AG 1 areas and twenty five (25) , AG 2 a AG z afeas. 4. Applicants shall identify Best Management Practices (BMPs) for stormwater management systems and uses/facilities within the project for which generally recognized BMPs have been established (e.2. agricultural uses, golf courses). BMPs shall address construction, maintenance, and operation. Applicants shall also identify the agency or organization that will certify the project design and operations as meeting BMPs, and shall identify the certification process Project construction, maintenance, and operations shall comply with the BMPs identified in the approved PD plan, and the county may attach PD approval conditions that ensure compliance with BMPs. Required project BMPs may be updated and modified by modifying the approved PD plan in accordance with regulations that govern PD modifications. 5. All recreational amenities within the project shall be depicted on the PD plan and identified as required improvements. Recreational uses, such as vehicle or watercraft racing, that could constitute a nuisance to adjacent properties, shall not be permitted. SECTION #3: 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 #4: 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 #5: 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 3 ,S}Fi!Ee tl!Feughr Deleted Text from Existing Ordinance F:\Community Development\Users\CLirDev\ORDINANCE\2007\2007-_911.14(2) Ag uses.RTF 2007- 030 SECTION #6: EFFECTIVE DATE. This Ordinance shall take effect on October 9, 2007 Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 9th day of 0caobPr , 2007. This ordinance was advertised in the Press -Journal on the 24th day of September 2007, for a public hearing to be held on the 9th day of October , 2007, at which time it was moved for adoption by Commissioner O' Bryan , seconded by Commissioner Wheeler , and adopted by the following vote: Chairman Gary C. Wheeler Aye Vice Chairman Sandra L. Bowden Aye Commissioner Joseph E. Flescher Aye Commissioner Wesley S. Davis Aye Commissioner Peter D. O'Bryan Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: .(`L,9�ru �: Gary C.,'�VhQeeler, Chairman ATTEST BY: Jeffrey, K. Barton, Clerk This ordinance was filed with the Department of State on the following date: 115-/07 , and is to take effect on 10zcp 7 APPROVED AS TO FORM AND LEGAL SUFFICIENCY C( William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS �2� 07-- /0' &,�" - Obert M. Keating, AICP; ommunity D velopment Director Bold Underline: Additions to Ordinance 4 ei- Deleted Text from Existing Ordinance F:\Community Development\Users\CnrDcv\ORDINANCE\2007\2007-_91 1.14(2) Ag uses.RTF