HomeMy WebLinkAbout2006-013ORDINANCE NO. 2006- 013
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, EXTENDING THE 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
WHEREAS, pursuant to 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, 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 with the intent of
providing affordable housing to the residents of Indian River County; and
WHEREAS, the County finds that most recent developments utilizing the small lot
single-family subdivision are not delivering affordable housing units as they are
advertising homes for sale in excess of $400,000.00; and
WHEREAS, the Growth Awareness Committee has been working with the
Community Development Department staff to draft an ordinance that would reserve the use
of small lot subdivisions for affordable housing; and
WHEREAS, drafting this ordinance has proven to be challenging and additional time
is needed before the amended ordinance is ready to be brought before the various
committees and Board of County Commissioners; and
WHEREAS, the Board desires to extend the temporary moratorium put in place
on October 11, 2005, for an additional six months in order to preserve the status quo
F:\Attorney\Bill\Ordinance Amendments\Small Lot moratorium\extended moratorium small lot subs.doc
ORDINANCE NO, 2006- 013
during the drafting process to ensure that the community's affordable housing problems
are addressed through this ordinance rather than exacerbated during the time it takes
to formulate any desired modifications to the small lot single-family subdivision
ordinance,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
SECTION J. PROHIBITION
Except as otherwise provided herein, no applications for administrative permits for
small lot single-family subdivisions shall be accepted, processed, or issued until October 11,
2006,
SECTION 2. EXCEPTIONS
The prohibitions set forth in Section 1 hereof shall not apply to:
Applications for small lot single-family subdivisions by Habitat for Humanity of
Indian River County, Inc., a proven deliverer of affordable housing utilizing the
small lot single-family subdivision.
21 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.
SECTION 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.
SECTION 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.
SECTION 5. EFFECTIVE DATE
duly
This ordinance shall take effect
upon the Chairman
declaring the
ordinance
passed.
ORDINANCE NO, 2006- 013
This ordinance was advertised in the Vero Beach Press -Journal on the 15th day of
March, 2006, for a public hearing to be held on the 22nd day of March, 2006, and was
advertised in the Vero Beach Press -Journal on the 29th day of March, 2006 for a public
he to be held on the 11th day of April, 2006 at which time it was moved for adoption by
Commissioner Lowther seconded by Commissioner Bowd _n and
adopted by the following vote:
The Chairman thereupon declared the ordinance duly passed and adopted this 11th
day of April, 2006.
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
B: A AA
Arthur R. 4erer, Charm n
ATTEST:- J ffrey K. Barton,. Jerk
APPROVED AS Tu FORM
By:�
ANDL SU F CI
Deputy Clerk j
BY
/A
ILLI M K. DEBRAAL
ASSISTANT COUNTY ATTORNEY
AQkKNOWLEDGMENT by the Department of State of the State of Florida, this A day of
2006.
R. Neuberger
Aye
Chairman
Arthur
Gary.
C. Wheeler
Aye
Vice
Chairman
—
S. Davis
Commissioner
Wesley
Ay ia
S. Lowther
Aye
Commissioner
Thomas
_
.
. ,
, M ----
-j - -- -
The Chairman thereupon declared the ordinance duly passed and adopted this 11th
day of April, 2006.
BOARD OF COUNTY COMMISSION
INDIAN RIVER COUNTY, FLORIDA
B: A AA
Arthur R. 4erer, Charm n
ATTEST:- J ffrey K. Barton,. Jerk
APPROVED AS Tu FORM
By:�
ANDL SU F CI
Deputy Clerk j
BY
/A
ILLI M K. DEBRAAL
ASSISTANT COUNTY ATTORNEY
AQkKNOWLEDGMENT by the Department of State of the State of Florida, this A day of
2006.