HomeMy WebLinkAbout2001-032ORDINANCE NO. 2001- 032
AN ORDINANCE OF •FLORIDA REGARDING
THRESHOLD FOR STAFF -LEVEL APPROVAL OF MAJOR SITE PLAN
AMENDING THE FOLLOWINGOF •'
REGULATIONSD. 914 SITE PLAN REVIEW A0
CONFLICTINGAPPROVAL PROCEDURES; AND PROVIDING FOR REPEAL
PROVISIONS,•D•
DATE.EFFECTIVE
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:
1. Site Plan section 914.06(1)(a) is hereby amended to read as follows:
"(1) Site plan thresholds
(a) Major site plans. The following projects shall constitute major site plan projects and shall
require, except as noted in paragraph 4 below, major site plan approval.
2. Nonresidential projects comprised of five thousand (5,000) square feet or more new
impervious surface area, or projects comprised of new impervious surface area
representing more than ten (10) percent of the site/area of development, whichever
is less.
3. Where three (3) or more minor site plan requests or six (6) or more administrative
approval requests for a single project area/site have been submitted and approved
over any five-year period of time; where potential cumulative impacts exceed the
criteria of a major site plan application or together may create a substantial impact,
the director of the community development department may require any subsequent
minor site plan or administrative approval application to be reviewed pursuant to the
criteria of a major site plan.
1. Residential
projects
having three (3) or
more dwelling
units.
2. Nonresidential projects comprised of five thousand (5,000) square feet or more new
impervious surface area, or projects comprised of new impervious surface area
representing more than ten (10) percent of the site/area of development, whichever
is less.
3. Where three (3) or more minor site plan requests or six (6) or more administrative
approval requests for a single project area/site have been submitted and approved
over any five-year period of time; where potential cumulative impacts exceed the
criteria of a major site plan application or together may create a substantial impact,
the director of the community development department may require any subsequent
minor site plan or administrative approval application to be reviewed pursuant to the
criteria of a major site plan.
a. Residential projects involving four (4) or fewer dwelling units; and
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4. The following
major site
plan
projects
shall
require
the same approval
process
required
of minor
site plan
projects:
a. Residential projects involving four (4) or fewer dwelling units; and
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ME
ORDINANCE NO. 2001=032
b. Nonresidential projects involving less than ne hundred
fifty thousand (150,000) square feet of new impervious surface area, regardless
of new building area amount. "
2. Site Plan section 914.06(5)(f) is hereby amended to read as follows:
"(f) Approval of minor site plans. The TRC is authorized to approve, approve with
conditions or deny minor site plan applications not requiring administrative permit approval.
Within seven (7) working_days after the applicant submits to staff a complete response to
TRC comments (also known as a resubmittal), the county shall either issue site plan approval
or a discrepancy letter. Once all commenting TRC members have reviewed and approved the
applicant's responses to comments, the minor site plan shall be signed and approved. All
approved minor site plans shall be signed by the community development director or his
designee. Appeals of decisions of the TRC may be made by applicants pursuant to the
provisions of Section 914.13."
Conflicting
Provisions
3. Repeal of
State.
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,
4. 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.
5. 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.
6. Effective Date
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State.
This ordinance shall take
effect upon
filing
with the
Florida Secretary
of
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ORDINANCE NO. 2001- 032
This ordinance was advertised in the Vero Beach Press -Journal on the 15th day of October
2001, for a public hearing to be held on the 23rd day of October , 2001, at which
time it was moved for adoption by Commissioner Macht , seconded by
Commissioner Ti ppi n , and adopted by the following vote:
The ordinance was adopted by a vote of:
Chairman Caroline D. Ginn
Vice Chairman Ruth M. Stanbridge
Commissioner Kenneth R. Macht
Commissioner John W. Tippin
Commissioner Fran B. Adams
The Chairman thereupon declared the ordinance duly passed and adopted this 23rd day
Of October , 2001.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Y J�
r
. A
Attest: J.K. Barton, Cle �.
(By
By: _
Ly Clerk Caroline -D
PATRICIA M. RIDGE Ginn;
Chairman
,.
:,<..
Filed with the Florida Department of State on the day of ,
2001.
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ORDINANCE N0.2001- 032
APPROVED AS TO LEGAL FORM
a, /L
A4 Z
William G. Collins
Deputy County Attorney
All
Robert M. Keating, AICP
Community Development irect
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