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Home My WebLink About2004-001ORDINANCE 2004- 001 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SPECIFIC LAND USE CRITERIA, SECTION 913.09(3)(c)(5) REGARDING BUFFERING AND LANDSCAPING FOR SUBDIVISIONS ABUTTING COLLECTOR AND ARTERIAL ROADWAYS 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. Section 913.09(3)(c)5 is hereby amended to read as follows: Abutting collector and arterials. Where a residential subdivision abuts or contains an existing or proposed major or minor arterial or collector street, special provisions shall be made to minimize vehicular traffic noise to residential sites, provide landscape bufferin, between residential subdivisions and major roadways, and to provide tree canopy along major roadways. The special provisions shall include a Type "C" buffer as specified in Chapter.926, and one or more of the following: b a. Buffer- zones. n t.,,o„t., r^,,,- feet bu f fe -,a with a > e fm 3 root high of tallef and ..lan4 sefeefiiiig .,ho lots e to be 1-.aeke,-1 to the ^,t0,-;^1 or ^elle^*^, A berm or berm/hedge opaque feature, at least six (6) feet in height at the time of installation, measured from the finished floor elevation of the proposed adjacent residential structure. The berm shall be constructed with a slope not greater than thirty-three (33) percent. and the „1^rt c hedge S11t UJ be.,f ., LJYe :1,1.:x:'.... :n ..... .........ewt.e e...,.......,., ,...... .......,. ..., at leasttwentyf ,,,- (24) ehos i height ..,ho„ plante wi l.1,,. ing }�� 1�. 7 � IIZll� C�Ze height of the bef Tlfeaeh si*4ff years. Se-oo,-,ing foliage must r .,. uee a ohal s n be of the t.cp.e ill uI1llZllJZll�lIV {., 1/ V that will rill ; at ground level at atttf t -. Adequate irrigation shall be provided together with maintenance provisions by a homeowner's association. E b. A solid wall, at least six (6) feet in height, above the mean average elevation of the sites. Where walls are used, canopy trees shall be installed at least 7 feet from the face of the wall, and understory trees shall be installed at least 5 feet from the face of the wall. Required understory trees and shrubs shall be located on the side of the wall facing the arterial or collector. d: c. The planning and zoning commission may require or approve additional or alternative provisions as warranted by special circumstances, including the existence and preservation of existing vegetation. Coding: Words int.-ak� type are deletions from existing law. Words underlined are additions M ORDINANCE 2004- 001 These special buffering and landscaping 2. Repeal provisions shall with the State of Florida. apply whether or not a subdivision is separated from an arterial or collector road right-of-way by an intervening canal or similar right -of -wad The landscape buffer shall be located in an easement or tract to be dedicated to and maintained by a homeowners' association. 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 2. Repeal of Conflicting Provisions with the State of Florida. 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 was advertised in the Vero Beach Press Journal on the 31 sday of December_ 2003, for public hearing to be held on the 13thday of January , 2004 at which time at the final hearing it was moved for adoption by Commissioner Adams seconded by Commissioner Mar.,bt , and adopted by the following vote; The ordinance was adopted by a vote of: Chairman Caroline Ginn Aye Vice Chairman Arthur Neuberger Aye Commissioner Fran Adams _Aye Commissioner Thomas Lowther Aye Commissioner Kenneth Macht Aye Coding: Words in'�-i'�type are deletions from existing law. Words underlined are additions 2 This ordinance shall take effect upon filing with the State of Florida. This ordinance was advertised in the Vero Beach Press Journal on the 31 sday of December_ 2003, for public hearing to be held on the 13thday of January , 2004 at which time at the final hearing it was moved for adoption by Commissioner Adams seconded by Commissioner Mar.,bt , and adopted by the following vote; The ordinance was adopted by a vote of: Chairman Caroline Ginn Aye Vice Chairman Arthur Neuberger Aye Commissioner Fran Adams _Aye Commissioner Thomas Lowther Aye Commissioner Kenneth Macht Aye Coding: Words in'�-i'�type are deletions from existing law. Words underlined are additions 2 At OF ORDINANCE.2004- 001 FILL', )' �.. d IIJ 4 i F taIF L •i 1 ii •IF a f Kr1 It i p J ILL FILL J. ,k Attest: Jeffrey KBarton, Clerk y , BOARD OF COUNTY COMMISSIONERS Ll t `It 1 ''�," I OF INDIAN RIVER COUNTY ym "IF FILL IFr IF �I I IFY B IF ..r .LOZIF BY Ito IV Deput C erk` Caroline Ginn, ChajKman LL I` ML Board of County Commissioners JAN2 0 2004 Filed with the Department of State on the day of 52004, IF r>. If f IF APPROVED AS TO LEGAL FORM wv -tet e0qe William G. Collins County Attorney APPROVED AS TO PLANNING MATTERS obert M. Keating,IC Community Developm t Direct F:\Community Development\Users\Peter\Idr amendments\subdivision buffers\ordinance.doc Coding: Words in st.rik-'� gn type are deletions from existing law. Words underlined are additions 3