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Home My WebLink About2006-024ORDINANCE 2006- 024 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRs) FOR SMALL LOT SUBDIVISIONS ESTABLISHING REQUIREMENTS FOR WORKFORCE OR AFFORDABLE HOUSING; PROVIDING FINDINGS; PROVIDING FOR AMENDMENTS TO CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES, BY AMENDING RESIDENTIAL USES SECTION 971.41(9), 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: Amend small lot single-family subdivision (administrative permit) LDR Section 971.41(9), to read as follows: (9) Small lot single-family subdivisions (administrative permit): (a) Districts requiring administrative permit approval, (pursuant to the provision of 971.04): RS -6 RT -6 RM -6 RM -8 RM -10 (b) Criteria for small lot subdivisions: 1. The small lot subdivision shall be serviced by centralized water and wastewater. 2. The gross density of any small lot subdivision shall not exceed the maximum density allowed within the zoning district in which the subdivision is located. 3. Perimeter lots are those lots which abut or are adjacent to areas not included in the proposed small lot subdivision. Perimeter lots which abut property having a residential or agricultural zoning designation shall: a. Conform to the standard applicable size and dimension criteria of the respective zoning district in which the project is located; or b. Comply with the following size and dimension criteria: Minimum lot width: 50 feet Minimum lot size: 5,000 sq. ft. Minimum yard setbacks: Front: 20 feet Bold Underline: Additions to Ordinance 1 Stfi e 4b-, ,ug : Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006-' 971.41(9) small lot.RTF ORDINANCE 2006- 024 Side: 7 feet; 5 feet on lots Minimum lot size: fronting a curve or Minimum yard setbacks: cul-de-sac circle Rear: Minimum rear yard Side: setbacks shall be Rear: provided, based upon lot width, as indicated in the table below: Lot Width (feet) Rear Yard (feet) =>50 & <55 30 =>55 & <60 27 =>60 & <65 24 =>65 & <70 22 4. Interior lots (those determined not to be perimeter lots) and those perimeter lots which abut a property having a commercial/industrial land use designation shall comply with the following size and dimension criteria: Minimum lot width: 50 feet Minimum lot size: 5,000 sq. ft. Minimum yard setbacks: Front: 20 feet Side: 7 feet; 5 feet on lots fronting a curve or cul-de-sac circle Rear: 15 feet 5. Accessory structures may encroach into required yards as allowed in section 911.15 of the land development regulations. - - - -.._. .. .. .. .. - - A A six feet epaque b f- .,t shall beprovided within tb,o easement and shall eensist of one of the folio 11 i—t'. Existing and/or- planted vegetation. Bold Underline: Additions to Ordinance 2 St ike tb...,...,.b,: Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 971.41(9) small lot.RTF ORDINANCE 2006- ,024 In lieu of buffering requirements specified in Chapters 911 and 913, the following buffer requirements shall apply to small lot single-family subdivision proiects: A. Buffers Adiacent to Collector and Arterial Roads. A 25' wide Type "B" buffer with 6' opaque feature shall be provided along all perimeters that are adiacent to collector and arterial roads. B. Buffers for Other Perimeters. A 10' wide Type "C" buffer with 3' opaque feature shall be provided along all perimeters that are not adiacent to collector and arterial roads. BC. The buffer improvement(s) shall be located within a buffer easement(s) or tracts as designated on the small lot subdivision plat. Said easement(s)or tracts shall be ,depicted on the final plat and shall be dedicated to the subdivision's property owners' association to ensure maintenance of the buffer improvements. The buffer easement improvement(s) shall be considered a required subdivision improvement and shall be provided in accordance with the provisions of section 913.08 of the land development regulations. ED. No structure(s), other than those related to buffering, drainage or utilities, shall be located in the buffer easement. 7. In lieu of the green/recreation space, swale, curbing, and sidewalk requirements of Chapters 911 and 913, the following requirements shall apply: A. A minimum 7.5% of the total proiect area shall be provided as green space/recreation space. Said area may consist of preserved wetlands and or native uplands, park space, pools, day-care space, clubhouses, ball -courts, playgrounds, play -field areas, or similar uses approved by the community development director. Said area(s) shall be designed to be conveniently accessible and useable by all proiect residents. B. Sidewalks (minimum 4' width) shall be provided along both sides of all streets unless an alternative design is approved by the community development director. Bold Underline: Additions to Ordinance 3 St Eike *4ottgh Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 971.41(9) small lot.RTF ORDINANCE 2006- 024 C. The Urban Service Area boundary buffer and wall variation requirements of Chapter 913 shall apply to small lot single-family subdivisions. -78. Minimum building setbacks as specified in 971.41(9)(b)3. and 4. above, shall be depicted as a residential building envelope on the preliminary,, plat. Language shall be noted on the final plat to the effect that specially -approved setbacks are in effect on the lots. 9. Workforce or Affordable Housing In exchange for lot size and setback reductions, small lot single-family subdivision proiects shall meet the following workforce or affordable housing criteria: A. All dwelling unit sales and rent prices shall be restricted for a period of at least 10 years from the date of the unit's first sale (closing). 1. The initial sales price of a small lot subdivision housing unit shall not exceed 3 1/2 X (3.5 times) the Indian River County annual median household income. Over the 10 -year restriction period. the sales price may be increased 3% per ear (compounded annuall 2. Where a small lot subdivision housing unit is rented, the monthly rental price shall not exceed the Indian River County maximum rent by unit type for moderate income as published by the Florida Housing Finance Corporation. B. As an option to and in lieu of criterion "A" above, an applicant may propose an alternative to the resale price and appreciation restriction. Any such alternative must ensure that small lot subdivision housing units remain affordable for at least 10 years. An alternative to the sales price restriction shall be structured as a deed restriction which shall apply to lots created by the small lot subdivision process. The draftrestriction shall be submitted in coniunction with the small lot subdivision preliminary plat application and shall: Identifv the proposed method of ensuring affordabilitv which may include - Rent/price resale restriction - Buver income qualification - Shared equity process - Other Bold Underline: Additions to Ordinance Strike flffE) gl+ Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 971.41(9) small lot.RTF ORDINANCE 2006- 024 • Identify appeal/variance procedure or a prohibition of appeals/variances • Identify a monitoring program which shall be administered by public agencies or private organizations qualified to provide or assist with workforce or affordable housing. The alternative shall be considered by the Planning and Zoning Commission and evaluated under the above criteria. The PZC is authorized to approve the alternative and attach conditions to ensure that the above criteria are satisfied. C. The maximum size of each dwelling unit shall be restricted in perpetuity to 1,500 sq. ft. under air. D. The restrictions reauired under items A or B, and C above shall be incorporated into deed restrictions, running in favor of the county and any unit buyer or renter, approved by the County Attorney and filed in the public records by the project applicant. The sales price restriction shall require county consent of the sales price prior to each closing during the 10 -year restriction period. Such consent is authorized to be made by the Community Development Director or his designee. 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. SECTION #5: EFFECTIVE DATE. This Ordinance shall take effect immediately upon filing with the Department of State. Bold Underline: Additions to Ordinance Stfike *>1..,,ag : Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 971.41(9) small lot.RTF ORDINANCE 2006- 024 Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 22nd day of August , 2006. This ordinance was advertised in the Press -Journal on the 7th day of Aug &t. 2006, for a public hearing to be held on the 7th day of AuqjSt 2006, at which time it was moved for adoption by Commissioner Wheeler , seconded by Commissioner Davis , and adopted by the following vote: Chairman Arthur R. Neuberger Vice Chairman Gary C. Wheeler Commissioner Sandra L. Bowden Commissioner Thomas S. Lowther Commissioner Wesley S. Davis Ave Aye Aye Aye Aye BOARD OF COUNTYCOMMIISSIONERS OF INDIAN RIVER CO TY BY: _ - Arthur R:_Neuberger, Chai ATTEST BY: ��"'O�`;;c�•��.,-QI �'G ffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: Al1G 10 2006 APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS e'' " 0 A �.. . f Robert M. Keating, A C ; C mumty D elopment Director Bold Underline: Additions to Ordinance e,...ve thfettg4: Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006-_ 971.41(9) small lot.RTF 31