HomeMy WebLinkAbout2005-044ORDINANCE NO. 2005- 044
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, DECLARING A TEMPORARY
MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS FOR ADMINISTRATIVE PERMITS
AND THE ISSUANCE OF ADMINISTRATIVE
PERMIT APPROVALS FOR "SMALL LOT SINGLE-
FAMILY SUBDIVISIONS"; PROVIDING FOR
PROHIBITION; PROVIDING FOR EXCEPTIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; SETTING FORTH EXPIRATION
AND EFFECTIVE DATES.
WHEREAS, pursuant to Section 1(f), Article VIII, of the Florida
Constitution and Chapter 125, Florida Statutes, Indian River County is authorized
and required to protect the public health, safety and welfare and may exercise any
power for governmental purpose except when expressly prohibited by law, and,
pursuant to this authority and Section 163.3202, Florida Statutes, Indian River
County has enacted land development regulations, consistent with its adopted
comprehensive plan, which protect the quality of life in Indian River County; and
WHEREAS, with the intent of providing affordable housing to the
residents of Indian River County, the Board of County Commissioners has adopted
Indian River. County Code Section 971.41(9) "small lot single-family subdivisions" as
an administrative permit use allowed in the RS -6, RT -6, RM -6, RM -8, and RM -10
zoning districts; and
WHEREAS, experience with the implementation of this provision
has shown that except for Habitat for Humanity of Indian River County, Inc.
which has delivered affordable housing, most developers utilizing the small lot
single-family subdivision are not delivering affordable housing units; and
WHEREAS, certain small lot single-family subdivisions are
advertising homes for sale in excess of $400,000.00; and
WHEREAS, a temporary moratorium is an important land use
planning tool as a means of preserving the status quo during a planning process
to ensure that the community's affordable housing problems are addressed
through this ordinance rather than exacerbated during the time it takes to
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ORDINANCE NO. 2005-044
formulate any desired modifications to the small lot single-family subdivision
ordinance,
N OW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
S ECTION 1. PROHIBITION
Except as otherwise provided herein, no applications for administrative
permits for small lot single-family subdivisions shall be accepted, processed, or
issued until April 11, 2006.
SECTION 2. EXCEPTIONS
The prohibitions set forth in Section 1 hereof shall not apply to:
1 Applications for small lot single-family subdivisions by Habitat for
H umanity of Indian River County, Inc., a proven deliverer of affordable
housing utilizing the small lot single-family subdivision.
2. Any small lot single-family subdivision on which a completed
preliminary plat application (which includes a traffic study) had been
submitted prior to October 11, 2005 and which has subsequently
determined to meet all applicable requirements of the land
development code.
S ECTION 3. CONFLICTS
The application of any Indian River County ordinance in conflict
herewith is hereby suspended during the time period set forth in Section 1 to the
extent of such conflict.
S ECTION 4. SEVERABILITY
If any section, sentence, clause, or phrase of this ordinance is held to
be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this ordinance.
S ECTION 5. EFFECTIVE DATE
This ordinance shall take effect upon filing with the Florida Secretary
of State.
This ordinance was advertised in the Vero Beach Press -Journal on the
29th day of August, 2005, for a public hearing to be held on the 13th day of
September, 2005, and was advertised in the Vero Beach Press -Journal on the 23rd
day of September, 2005 for a public hearing to be held on the 4th day of October,
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ORDINANCE NO. 2005- 044
2005 at which time it was moved for adoption by Commissioner wheel er
seconded by Commissioner Davi s , and adopted by the following vote:
Chairman Thomas S. Lowther
Vice Chairman Arthur R. Neuberger
Commissioner Wesley S. Davis
Commissioner Gary C. Wheeler
Commissioner Sandra L. Bowden
Aye
Aye
Aye
Aye
Aye
The Chairman thereupon declared the ordinance duly passed and adopted
this 4th day of October, 2005.
ATTEST: Jeffrey K. Barton, Clerk
By:.fi0/r/.4..2
Deputy Cl*'
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
By: � �-- 5
Thomas S. Lowther, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY 4,`
WILLIAM G. COLLINS 11
COUNTY ATTORNEY
ACKNOWEIngar by the Department of State of the State of Florida, this
day of OCT 1 } 7005 , 2005.