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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 Bold Underline: Additions to Ordinance 1 Stfike d,,.e„eh: Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 952.08 row reguirements.RTF 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 Bold Underline: Additions to Ordinance Strife th,.ough: Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 952.08 row reguirements.RTF ORDINANCE 2006- 025 (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. Bold Underline: Additions to Ordinance Strike *i,,..,,gh -Deleted Text from Existing Ordinance. FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 952.08 row reguirements.RTF OW (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. Bold Underline: Additions to Ordinance Strike *i,,..,,gh -Deleted Text from Existing Ordinance. FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 952.08 row reguirements.RTF ORDINANCE 2006- 025 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. Bold Underline: Additions to Ordinance StFi e through- Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 952.08 row reguirements.RTF 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.)**** Bold Underline: Additions to Ordinance Strike d,,.,,,,gh Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 952.08 row reguirements.RTF 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' Bold Underline: Additions to Ordinance 6 St-ike thfoughi. Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 952.08 row reguirements.RTF 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 Bold Underline: Additions to Ordinance Stfi e thio gh Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 952.08 row reguirements.RTF ORDINANCE 2006- 025 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 Bold Underline: Additions to Ordinance 8, Oke thio & Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 952.08 row reguirements.RTF 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. Bold Underline: Additions to Ordinance 9 S,. ike *4,,.,,.t,: Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2006\2006- 952.08 row reguirements.RTF 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