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Home My WebLink About2001-035ORDINANCE NO* 2001w035 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REGARDING PLANNED DEVELOPMENT OPEN SPACE REQUIREMENTS, AMENDING THE FOLLOWING CHAPTER OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 915, OPEN SPACE STANDARDS; 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: LDR section 915.18 is hereby amended to read as follows. "(1) The minimum amount of open space required within a planned development project shall be as specified within the underlying zoning district(s) (other than P.D.) for special exception uses, or, in cases where the planned development zoning overlay district is used, as specified in the appropriate underlying comprehensive plan land use designations as follows: C -1 ............................................................ C -2 ............................................................ AG -1, AG -2, AG -3 ......................................... R............................................................... L -1 ............................................................ L -2 ............................................................ M -1 ........................................................... M -2 ........................................................... RE........................................................... P............................................................... Comm/Ind..................................................... N/A 50% 80% 50% 40% 40% 40% 30% N/A N/A 2570 * In areas where commercial or industrial uses are mixed, with residential uses, the minimum project area open space shall be thirty (30) percent. NOTE: N/A = not applicable" Coding: Words in stfi*e mfougk type are deletions from existing law. Words underlined are additions. \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\91518(1).DOC These listed minimums shall not preclude the Board of County Commissioners from establishing higher minimum open space standards within P.D. zoning districts. * In areas where commercial or industrial uses are mixed, with residential uses, the minimum project area open space shall be thirty (30) percent. NOTE: N/A = not applicable" Coding: Words in stfi*e mfougk type are deletions from existing law. Words underlined are additions. \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\91518(1).DOC ORDINANCE NO.2001-035 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 This ordinance shall take 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 21 St day of November 2001, for a public hearing to be held on the 4th day of December , 2001, at which time it was moved for adoption by Commissioner Stanbridge , seconded by Commissioner Marht , and adopted by the following vote: The ordinance was adopted by a vote of. Chairman Caroline D. Ginn Aye Vice Chairman Ruth M. Stanbridge Aye Commissioner Kenneth R. Macht Commissioner John W. Tippin Commissioner Fran B. Adams Coding: Words in s4fike dffetigh type are deletions from existing law. Words underlined are additions. \TILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\91518(1).DOC 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 21 St day of November 2001, for a public hearing to be held on the 4th day of December , 2001, at which time it was moved for adoption by Commissioner Stanbridge , seconded by Commissioner Marht , and adopted by the following vote: The ordinance was adopted by a vote of. Chairman Caroline D. Ginn Aye Vice Chairman Ruth M. Stanbridge Aye Commissioner Kenneth R. Macht Commissioner John W. Tippin Commissioner Fran B. Adams Coding: Words in s4fike dffetigh type are deletions from existing law. Words underlined are additions. \TILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\91518(1).DOC y'f 0 ORDINANCE NO. 2001m035 The Chairman thereupon declared the ordinance duly passed and adopted this 4th day of Decemher , 2001. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY IF FU IF "��g�P13tr, FFri It) 1 11 Attest, Bart, Crk _ 14 t b,Y* .. l Z:! By "� �' � By: 1 " Deputy Cle - Caroline D. Ginn -� IF % Chairman Fd IF IFF r J x 4�` .. rJir'E G°I. o- a Filed with the Florida Department of State on they day ofFF , 2001. William G. Collins Deputy County Attorney FF Obert M. Keating, AICP Community Development Director 3 Coding: Words in s#i1R.P tLr-Q'2gk type are deletions from existing law. Words underlined are additions. \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\91518(1).DOC