HomeMy WebLinkAbout2006-025ORDINANCE 2006- 02 5
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS
TO LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FINDINGS; PROVIDING
FOR AMENDMENTS TO CHAPTER 952, TRAFFIC, BY AMENDING RIGHT-OF-WAY
REQUIREMENTS 952.08, 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 Right -of -Way Requirements LDR Section 952.08, to read as follows:
(1) Right-of-way dedication or acquisition. Fer- all pr-ejeets requiringan Ind a -a Rive
County development or -der-, exeept fer- an or-deF to develop a single family r-esidenee, the land lying
within the pr-opesed development whieh is n6eessar-y to widen or- extend roadways to the standa
designated in the Indian River- Gettaty Thor-etlghfffe Plan and implementing right of way wid4
table, or- to provide adequate knd area for- titilities, sidewalks anEVor- bikepaths shall be tr-ansfe
te the eounty as speeified in this seetion, by the appheant prior- to the release of the site ,
pr-elifninary plat appr-eval, or- building pefmit issuance, as appr-opfiate. The eetinty shall eempen
the pr-epet4y. owner- fer- the right of way transfer- tmiess the 6& of way is needed beeause of a
Ye'ated imp ^*. It is the county's intent to acquire, by developer dedication or government
purchase, that property needed to make up a road right-of-way deficiency. All such
dedications and acquisitions shall occur or be initiated during the development approval
process.
(a) General requirements.
1. An applicant for development approval
h; h has f;.. a,7 r ght e f way defieiefiey shall tr sfo, ght of way
neede`l�site related
, roadway improvements s fe that set"Flein.t. of th
F-ead'l�`ray abutting th"proreet, and shall ,oto,- into ,tet, -^..t
similar agreement with the eou„t., t., ell needed g, ' ,F. f r futur-e non
site related t^prior-to release of t e approved site plan for- the-
eet Wher- .' .7 ey a aright of way efie e,- ey exists, the _defie eney sh
be madeall
mader, by a s;tio of equal ametin4s of land f;-.,,-„ e ..h side ..f tL e
existing right of way, exeeptwher-e shall:
a A drainage distr,..t ,anal right of way of a railroad rig t of . abuts
J
e ^;,7e of -the existing r-ead right of way; Identify, at the time of
development project application submittal, any right-of-way
deficiencies of adjacent roadways based on the standards set forth
in section 952.08(1)0.
b. At least e half (1/2) of r-eqt4ed as right of'way has been
provi,7e,7 by the pfepefty on the opposite side of the existing read
r -i& of way; , ..h;eh ease, the entire read right of way .7efie e„ey
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ORDINANCE 2006- 025_
will be made up by aequisitien Of'land fr-ofn the p „;eet Identify
at the time of development project application submittal, any site -
related project right-of-way needs.
C. Dedicate all minor (local) road and site related right-of-way to the
county without compensation prior to issuance of a land
development permit for preliminary plats and prior to site plan
release for site plan proiects. For minor (local) roads only, the
Public Works Director or his designee may accept drainage and
utility easements in lieu of right-of-wav to make up for small
right-of-way deficiencies up to ten (10) feet. In such
circumstances, the Public Work Director or his designee may also
require public sidewalk easements.
2. County staff shall confirm all right-of-way deficiencies during
preliminary plat and site plan review.
2-.3. Appfiean4s for- e`ts leeate.l o..roadways where 6& of . y de fiGie
exist shall bring the —ch ztt'm�rv^c/1 v ^.., .... ..ter- , .. »e..».l right of :y
up- to le a 1 () read standards as defined in the —tr-a c—eirctilcc�26n
element. Said dediemiens are deemed site related and neeessary to setwe the
proposed developmenA itself and shall not be er-editable for- eempensation.
The public works director may reduce the amount of right-of-way
required to be dedicated by a proiect applicant if a roadway design
requiring less right-of-way is planned.
(b) Dedieation ef ther-eugh)�we plan read i,�& ef way. Any applieant for- appr-eval of
pr-ojeet abutting a feadway designated on the eounty thoroughfare plan fliap v�
the roadway has a read fight of way defieieney shall sell te the eeunty suffieiefit !a
to-riaketip —his -share vf the read right e€-`eeded—€ei�ivi-si-to r-elat al
eats. Th applieantall r-eeeive,thfeagh t,..,ff; inipaet fee ,.edits
,l t' 1 density transfers, or -.l; et pa�ane„tc „here the e0unty „h., e to pay
eash or-anyeemh .,t' or -other- aeoe,,table fneansof e e etio a h,,,,d i
(100) per-eent . s do for- thevalue of the e,,.+. eyel.-.pe ,,.lit;.,,, of the 1.,,. 7
area dediemed for- read right -e=' „h•,.h e eeas any area needed to bring the
right of way up to eounty leeal (minor-) road standards. Whefe the eounty is to
pufohase land for- futufe r -i& ef way, the eeUnty shall eempensate the pr-epeA
„ based open developed eendifie " of cher land. This eempensation sh.,11
be agreed upen prior- to pr-ejeet approval, and the pur-ehase shall . . te
1 Ex ntien�
a. Wher-e one hundred (100) per-eei# raefnpensa4ien eannet be provide
tlfough tr-affieepa^et er-edit and aentit-tfans=efs, and w' -here the
c—eheeses not to pay eash, the appliea-PA shall ,le,l•e to
amou-Pt of land eempar-„ ble in value to the peree„t of eompeasation
pr-ov;.le.l ,,.1 the ., „1;.,.,,,t shall be eneeti age.7 t., sethaek the h.,lanee
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(b) Right-of-wav dedication requirements.
1. Right-of-way deficiencies shall be satisfied by dedication of equal
amounts of right-of-wav from each side of the deficient roadway, unless
the conditions.of 2, 3, or 4 below apply.
2. Where right-of-way must be dedicated for site related improvements, all
such dedicated right-of-way shall come from the development project
side of the roadway.
3. Where a drainage district canal right-of-way, a railroad right-of-way, a
high voltage power line, or similar impediment abuts one side of a
deficient road right-of--wav, the entire right-of-way deficiency shall be
made up from the property on the opposite side unless an alternative
design (e.g. culverting the canal) is approved by the Public Works
Director.
4. Where at least one-half (1/2) of the required road right-of-way has been
provided from the property on one side of a deficient road right-of-way,
the remaining right-of-way deficiency shall be made up from the
property on the opposite side, unless an alternative design is approved by
the Public Works Director.
(c) Right-of-way compensation.
1. No eCompensation shall not be provided for site -related right-of-way
dedications.
2. No eCompensation shall not be provided for dedications to bring any
road up to minor (local) road right-of-way standards.
3. For proiects located on thoroughfare plan roads with right-of-wa
deficiencies, ito compensation shall not be given for that portion of the
right-of-way dedication needed to bring the road up to minor (local)
road right-of-way standards. Said dedications are deemed to be site -
related and necessary to serve the proposed development itself.
4. For dedication of thoroughfare plan right-of-way in excess _ of minor
(local) road right-of-way standards, the County shall pay an applicant
fair compensation for the value of the undeveloped condition of the land
dedicated for road right-of-way. That compensation may be provided as
impact fee credits or cash.
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(b) Right-of-wav dedication requirements.
1. Right-of-way deficiencies shall be satisfied by dedication of equal
amounts of right-of-wav from each side of the deficient roadway, unless
the conditions.of 2, 3, or 4 below apply.
2. Where right-of-way must be dedicated for site related improvements, all
such dedicated right-of-way shall come from the development project
side of the roadway.
3. Where a drainage district canal right-of-way, a railroad right-of-way, a
high voltage power line, or similar impediment abuts one side of a
deficient road right-of--wav, the entire right-of-way deficiency shall be
made up from the property on the opposite side unless an alternative
design (e.g. culverting the canal) is approved by the Public Works
Director.
4. Where at least one-half (1/2) of the required road right-of-way has been
provided from the property on one side of a deficient road right-of-way,
the remaining right-of-way deficiency shall be made up from the
property on the opposite side, unless an alternative design is approved by
the Public Works Director.
(c) Right-of-way compensation.
1. No eCompensation shall not be provided for site -related right-of-way
dedications.
2. No eCompensation shall not be provided for dedications to bring any
road up to minor (local) road right-of-way standards.
3. For proiects located on thoroughfare plan roads with right-of-wa
deficiencies, ito compensation shall not be given for that portion of the
right-of-way dedication needed to bring the road up to minor (local)
road right-of-way standards. Said dedications are deemed to be site -
related and necessary to serve the proposed development itself.
4. For dedication of thoroughfare plan right-of-way in excess _ of minor
(local) road right-of-way standards, the County shall pay an applicant
fair compensation for the value of the undeveloped condition of the land
dedicated for road right-of-way. That compensation may be provided as
impact fee credits or cash.
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5. The applicant and county may agree upon a price for a right-of-way
parcel based on recent sales data.
6. If the county and the applicant are unable to agree on the price of a
right-of-way parcel to be acquired by the county, the county shall make
an offer to the applicant to purchase the property at fair market value.
The fair market value of the property shall be established by an
appraisal performed by an independent state certified General Real
Estate Appraiser who holds a designation issued by the Appraisal
Institute or other similar, nationally recognized organization. For
purposes of this section, a current appraisal is an appraisal that was
certified no earlier than four months prior to the filing of the
development proiect application. Said appraisal shall assume no
approved development plan for the property.
7. If the county and applicant agree on a compensation amount prior to
proiect approval, then the right-of-way purchase shall be scheduled to
occur prior to issuance of a certificate of completion or a certificate of
occupancy for the protect. As part of the agreement on a compensation
amount, the developer may. choose the form of compensation such as
cash, impact fee credit, or a combination.
8. If the county and applicant are unable to agree on compensation prior to
Project approval, then the county shall initiate legal proceedings to
acquire the right-of-way within 60 days of development approval.
9. In lieu of items 4, 5, and 6 above, the county may accept a donation of
right-of-way as a gift or as a condition of planned development (P.D.)
project approval.
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ORDINANCE 2006- 025
(OLdl Applicable standards. The engineering design of improvements within rights-of-way
shall be in compliance with the standards in the "Manual of Uniform Minimum
Standards for Design, Construction, and Maintenance of Streets and Highways,"
published by the Florida Department of Transportation, unless a variance is granted
by the board of county commissioners. All construction within the right-of-way shall
conform to Indian River c -County eEngineering sStandards. No construction or
alteration shall occur in any county road right-of-way unless a right-of-way permit is
approved by the eCounty eEngineering dDivision.
(l}Jej Minimum right-of-way and pavement requirements; credit for dedicated land. The
fellewifig Pa-vefnen4 wid4hs and right of way widths shall VV pr -evaded
either- at the 6 -eveleopment or- in the as deemed neeessar-y by the publie
7
works dir-eeten The following generalized minimum road right-of-way width
standards shall apply to all development proiects unless varied by the Public
Works Director in accordance with (a) 3 above,' or by the "Specific
Thoroughfare Plan Road Right-of-way Table" which is incorporated hereto by
reference and is located in the appendix section of this chapter. Full
compensation mus shall be provided to the applicant by the county or the State of
Florida for non -site related and non -minor (local) road right-of-way dedications,
with the exception of (c) 7 above. regarding fien site related i e,o.. ents on all
roadways exeept (l^^a" roads. These standards are consistent with the
functional road classification system established in the comprehensive plan.
Street Types
Minimum Right -of -Way Width
Minim+tm Lane Width
Urban
Rural
Principal arterial
6LD
130-156
240
12 ft. wide inside 1
(llft.)**** 1 ^�.de
„ts;ao 1.,ro�
4LD
4-00120
200
U.S. 1 Corridor
8LD
X00 166
— 200
12 ft. (11ft.)****
6LD
4-N 142
240160
4LD
4-40130
2.40160
W/frontage roads
Minor arterial
4LD
400120-130
200
12 ft. wide inside 1
(llft.)**** 1^ fry wide
outside !aneswhefe
reqUiFed
2LD
100
100
Collector streets
9090
9090-120
12 ft.
Subdivision
collector roads
60
60
12 ft. (llft.)****
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ORDINANCE 2006-025
Local, Minor or
60
60
10 ft*/11 ft**
Residential Streets
CR 510
120
30'800'N. of CR510
(with swale
CR510
Vero City Line
120
drainage)
SR AlA
Vero City Line
SR60
-Local, minor or
50
SR AlA
10 ft*/11 ft**
residential (closed
120
30' 800' S. of Beachld
Blvd.
SR AlA
drainage, curb and
Vero City Line
120
800'S. & N. of 17th St.
gutter)
Vero City Line
St. Lucie Co.
120
Marginal access
40
40
11 ft/12 ft***
roads
IRBLVD
SR 60
* Single-family subdivision roadway or residential site plan with less than 1,500
ADT
** Where in conjunction with commercial site plan project
*** When in conjunction with heavy commercial or industrial development
****When al2proved by the Public Works Director
(g)ff Additional right-of-way and/or pavement width. During the review of any
development project, the technical review committee may require the increase of
right-of-way and pavement widths if a finding is made that the increase in width is
necessary to accommodate the projected traffic needs of the project and is consistent
with good engineering practice. Additional right-of-way or pavement width may be
required to promote public safety and convenience, or to ensure adequate access,
circulation, and parking. Whenever any street requires improvement within the area
to be developed, the appropriate right-of-way and pavement shall be required. Where
a site abuts or contains an existing street of inadequate right-of-way or pavement
width, additional right-of-way and pavement, in conformance with minimum county
standards, may be required for new site development.
(g) The provisions of this chapter shall be interpreted as supplementary to and not
in conflict with Article 1 Section 9 of the Florida Constitution and Florida
Statutes Chapters 73 and 74.
SPECIFIC THOROUGHFARE PLAN ROAD RIGHT-OF-WAY TABLE
Facility
Thoroughfare
Plan Row
Additional Intersection
Row
SR AIA
Brevard Co. Line
CR 510
120
30'800'N. of CR510
SR AlA
CR510
Vero City Line
120
30'800'S. of CR510
SR AlA
Vero City Line
SR60
120
30' 800' N. of Beachld
Blvd.
SR AlA
SR 60
17th Street
120
30' 800' S. of Beachld
Blvd.
SR AlA
17th Street
Vero City Line
120
800'S. & N. of 17th St.
SR AlA
Vero City Line
St. Lucie Co.
120
IRBLVD
North US 1
SR 60
200
IRBLVD
SR 60
S. US 1
200
43812'-24'
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ORDINANCE 2006- 025
I-95
Brevard Co. Line
St. Lucie Co.
300
US 1
Brevard Co. Line
North Sebastian
City Limits
120—X60 130-
142
Sebastian & Wabasso
City Limits - 30' at CR
512 (500' North &
South)
X0130-142
Remaining
Unincorporated - 20' at
Roseland Road (500'
North & South)
US 1
North Sebastian
City Limits
53rd Street
120 160 130-
142
WabassoArea 30' at
CR510 (500' South)
US 1
53rd St.
41st St.
X0130-142
20' at 41st St. (500'
South)
US 1
41st St.
SR 60
-70130-142
30' at 37th St. (500' N.
& S.)
US 1
SR 60
4th St.
4-20130-142
US 1
4th St.
Oslo Road
160
US 1
Oslo Road
St. Lucie Co.
160
Roseld Rd.
US 1
0.6 mi. west
120
Roseld Rd.
0.6 mi. west
CR512
120
CR512
US 1
Roseland Rd.
200
CR512
Roseland Rd.
I-95
200
R/W to come from N.
side
CR512
I-95
Fellsmere
200
CR512
Fellsmere
SR 60
200
CR510
SR AlA
US 1
160
CR510
US 1
66th Ave
X0130-160
CR510
66th Ave
CR512
160
CR507
CR512
Brevard Co. Line
8.090
SR 60
SR AlA
ICWW
130
-SR 60
ICWW
Indian River Blvd.
140
SR 60
Indian River Blvd.
20th Ave
140
Twin Pairs
SR 60
20th Ave
58th Ave
130
SR 60
58th Ave
82nd Ave
200
SR 60
82nd Ave
I-95
234
SR 60
I-95
Osceola Co.
200
17th St.
SR AlA
Indian River Blvd.
120
30' AlA and IRB Inter.
(800' ea/side)
17th St.
Indian River Blvd.
Old Dixie Hwy
120
30' at US 1
16th St.
Old Dixie Hwy.
27th Ave
100
20' at 20th Ave
16th St.
27th Ave
58th Ave
9090
20' at 27th Ave/43rd
Ave/58 Ave
16th St.
98th
102nd Ave
9090
12th St.
Indian River Blvd.
US 1
100
30' at IRB, US 1
12th St.
US 1
27th Ave
100
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12th St.
.27th Ave
58th Ave
100
Old Dixie
SR 60
4th St.
80
20' at 16th St, 12th St,
8th St, 4th St.
Old Dixie
4th St.
Oslo Rd.
80
20' at Oslo Road
Old Dixie
Oslo Road
St. Lucie Co.
80
Old Dixie
41st Street
CR 510
80
20' at 69th St., 53rd St.,
45th St., 41st St.
20th Ave
SR 60
12th Street
100
20' at 16th and 12th St.
20th Ave
12th St.
17th St. SW
80
20' at Oslo Road
27th Ave
26th St.
Oslo Road
130 J80n
27th Ave
Oslo Road
St. Lucie Co.
130
Oslo Road
US 1
27th Ave
130
12' at 27th Ave
Oslo Road
27th Ave
82nd Ave
130
12' at 27th, 58th Ave
43rd Ave
57th St.
SR 60
4-00120
20' at 53rd St.
43rd Ave
SR 60
8th St.
100 80*
20' at SR 60, 16th St,
12th St.
_43rd Ave
8th St:
Oslo Road
100 80*
20' at Oslo Road
43rd Ave
Oslo Road
St. Lucie Co.
100
58th Ave
CR 510
33rd St.
130
58th Ave
33rd St.
16th St.
130
58th Ave
16th St.
21st St. SW
130
66th Ave
CR510
53rd St.
4-3,6156
66th Ave
53rd St.
SR 60
4-3,6156
66th Ave
SR 60
21st St. SW
136
74th Ave
CR510
SR 60
130
20' CR510, 53rd St.,
SR 60
74th Ave
SR 60
21st St. SW
130
20' at Oslo Road
82nd Ave
CR 510
SR 60
136
82nd Ave
SR 60
Oslo Road
136
90th Ave
26th St.
Oslo Road
9090
56' at SR 60
98th Ave
SR 60
Oslo Road
136
98th Ave
SR 60
26" ST
90
73rd St.
82nd Ave
58th Ave
90
69th St.
82nd Ave
US 1
100
65th St.
82nd Ave
US 1
9090
61st St.
82nd Ave
58th Ave
90
57th St.
82nd Ave
US 1
9090
53rd St.
I-95
US 1
200
49th St.
82nd Ave
US 1
9090
45th St.
82nd Ave
Indian River Blvd.
8090
41st St.
82nd Ave
Indian River Blvd.
100
37th St.
82nd Ave
58th Ave
90
37th St.
US 1
Indian River Blvd.
110
33rd St.
82nd Ave
58th Ave
90
26th St. I
90th Ave
127th Ave
8090
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ORDINANCE 2006- 025
16th St.
90th Ave
59th Ave
90
12th St.
90th Ave
58th Ave
100
12th St.
58th Ave
Indian River Blvd.
100
36' at IRB, US 1; 16' at
27th Ave, 43rd Ave,
58th Ave
8th St.
90th Ave
Indian River Blvd.
9090
4th St.
98th Ave
58th Ave
100
4th St.
58th Ave
US 1
100
36' at US 1; 16' at 27th
Ave, 43rd Ave, 58th
Ave
1st�St. SW
98th Ave
20th Ave
90
5th St. SW
98th Ave
Old Dixie Hwy
80
13th St. SW
82nd Ave
Old Dixie Hwy
90
17th St. SW
82nd Ave
Old Dixie Hwy
100
21st St. SW
74th Ave
27th Ave
90
*Right-of-way width is 80' where constrained
Source: Public Works Department
Date: May 1990, Revised September, 1991.
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, § 55, 12-4-91; Ord. No. 95-10, § 12, 5-31-95; Ord.
No. 2005-013, § 1, 4-19-05)
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.
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ORDINANCE 2006- 025
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 August
2006, for a public hearing to be held on the 22nd day of ALIgUSt , 2006, at which time
it was moved for adoption by Commissioner Lowther , seconded by Commissioner
Davi s , and adopted by the following vote:
Chairman Arthur R. Neuberger Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Sandra L. Bowden Aye
Commissioner Thomas S. Lowther Aye
Commissioner Wesley S. Davis Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER CO Y
Arthur -R-. Neuber er, hairinan
ATTEST BY:
r : Jeffrey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date: AUG 3 Q 20V' b
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
l� &04zz�k -
William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AICP; C mmunity velopment Director
Bold Underline: Additions to Ordinance 10
St fi e d.,.,,ugl Deleted Text from Existing Ordinance
FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 952.08 row reguirements.RTF