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Home My WebLink About2010-017ORDINANCE 2010- 017 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 911, ZONING, BY AMENDING SPECIAL DISTRICT REQUIREMENTS SECTION 911.10(9)(A)(B) PERTAINING TO CN (NEIGHBORHOOD COMMERCIAL) DISTRICT REQUIREMENTS; 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 LDR section 911.10(9)(a)(b), CN -Neighborhood commercial district, to read as follows: (b) CN --Neighborhood commercial district. 1. Land use and location. The CN, neighborhood commercial district, may be established on land designated AG -1, AG -2, AG -3, R, L-1, L-2, M-1 or M-2 on the future land use map. No new neighborhood node shall be established within one mile of any existing neighborhood node, commercial node, commercial/industrial node, or commercial/industrial corridor. All nodes shall be located adjacent to an arterial, collector, or subdivision feeder road. All distances from existing nodes shall be measured using the most direct route along roadways from boundary line to boundary line and shall be applicable to properties on both sides of the roadway. For a neighborhood node expansion, the The community development director may reduce the one mile separation requirement up to ten (10) percent, or five hundred twenty-eight (528) feet, upon demonstration by the applicant that such a reduction is warranted by specific characteristics of the proposed site and meets the following requirements: a. The proposed node is located within an area having a land use designation of L-2 or a higher density; b. The level of service on all roadways providing direct or indirect service to the proposed node will not be downgraded; C' The creation of the node shall not increase the potential for strip commercial development; d. The residential character of the surrounding area shall not be negatively impacted. Furthermore. the community development director may reduce the one mile separation distance for a neighborhood node expansion up to thirty (30) percent, or 1,584 feet, upon demonstration by the applicant that expanding a neighborhood node on the subiect site meets criteria a throuLth d above. and meets criteria a and f below, as follows: Bold Underline: Additions to Ordinance Strike thr-ough:: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinance Changes\20 1 0\20 10- 911.10(9)(a)(b).RTF A V ' � a 1 ORDINANCE 2010- 017 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 911, ZONING, BY AMENDING SPECIAL DISTRICT REQUIREMENTS SECTION 911.10(9)(A)(B) PERTAINING TO CN (NEIGHBORHOOD COMMERCIAL) DISTRICT REQUIREMENTS; 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 LDR section 911.10(9)(a)(b), CN -Neighborhood commercial district, to read as follows: (b) CN --Neighborhood commercial district. 1. Land use and location. The CN, neighborhood commercial district, may be established on land designated AG -1, AG -2, AG -3, R, L-1, L-2, M-1 or M-2 on the future land use map. No new neighborhood node shall be established within one mile of any existing neighborhood node, commercial node, commercial/industrial node, or commercial/industrial corridor. All nodes shall be located adjacent to an arterial, collector, or subdivision feeder road. All distances from existing nodes shall be measured using the most direct route along roadways from boundary line to boundary line and shall be applicable to properties on both sides of the roadway. For a neighborhood node expansion, the The community development director may reduce the one mile separation requirement up to ten (10) percent, or five hundred twenty-eight (528) feet, upon demonstration by the applicant that such a reduction is warranted by specific characteristics of the proposed site and meets the following requirements: a. The proposed node is located within an area having a land use designation of L-2 or a higher density; b. The level of service on all roadways providing direct or indirect service to the proposed node will not be downgraded; C' The creation of the node shall not increase the potential for strip commercial development; d. The residential character of the surrounding area shall not be negatively impacted. Furthermore. the community development director may reduce the one mile separation distance for a neighborhood node expansion up to thirty (30) percent, or 1,584 feet, upon demonstration by the applicant that expanding a neighborhood node on the subiect site meets criteria a throuLth d above. and meets criteria a and f below, as follows: Bold Underline: Additions to Ordinance Strike thr-ough:: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinance Changes\20 1 0\20 10- 911.10(9)(a)(b).RTF A IN 7 ORDINANCE 2010- 017 e. The subiect site is zoned PRO; and f. The subiect site is located at the intersection of an arterial road and collector road. 2. Standards for neighborhood commercial node establishment. The establishment of all neighborhood commercial nodes shall be subject to the following standards: a. Maximum land area. Neighborhood nodes shall consist of contiguous land area and may range from three (3) to five (5) acres in size. No neighborhood node may exceed five (5) acres. b. Compatibility with surrounding development. All neighborhood nodes shall be compatible with the surrounding land uses. All commercial land uses shall be subject to minimum separation from residential districts pursuant to the provisions of the neighborhood commercial (CN) zoning district. C' Limited access. No neighborhood node shall contain more than one point of direct access to an arterial or collector roadway, unless a waiver of this provision is approved by the public works director. Neighborhood nodes shall utilize an existing marginal access road system or provide for a frontage road system meeting the requirements of Chapter 952, Traffic. d. Allowable uses. Uses within a neighborhood node shall be determined by the neighborhood commercial (CN) zoning district. e. Termination of neighborhood node approval. The board of county commissioners may terminate neighborhood node approvals if construction has not commenced within eighteen (18) months of the date of approval. In addition, neighborhood node approval may be terminated by the board of county commissioners upon abandonment of construction. The approval date shall be the effective date of the ordinance which rezoned the property to CN. Eighteen (18) months after a neighborhood node is established by rezoning property to CN, the community development department shall schedule a public hearing before the board of county commissioners to make a progress report on the development of the node. The progress report will indicate whether or not a site plan has been submitted or approved and whether or not a building permit has been issued and maintained for the property. Moreover, the report will indicate whether or not there has been interest from other developers concerning developing neighborhood nodes in the area. After the public hearing, the board of county commissioners will decide whether to terminate the node approval or extend approval for six (6) months. If the board decides to terminate the node approval, the planning staff shall initiate a rezoning request to downzone the property to an appropriate residential zoning district. Bold Underline: Additions to Ordinance 2 St.a, threu& Deleted Text from Existing Ordinance F:ACommunity Development\Users\CurDevAOrdinance Changes\2010\2010- 91 1.10(9)(a)(b).RTF ORDINANCE 2010- 017 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 upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the _ 26 - day of August 2010, for a public hearing to be held on the 7th day of September 2010, at which the public hearing was opened and then continued for a public hearing to be held on the 5th day of October 2010 at which time it was moved for adoption by Commissioner Wheeler , seconded by Commissioner Davis , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Gary C. Wheeler ME C Ave Aye Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Peter D. O'Bryan, Chairman ATTEST BY woe :Jeffrey K. Barton, Clerk p IT n Is a..4 Bold Underline: Additions to Ordinance 3 Stfikm no r Deleted Text from Existing Ordinance F:ACommunity Development\Users\CurDevAOrdinance Changes\2010\2010-_ 91 1.10(9)(a)(b).RTF ORDINANCE 2010- 017 This ordinance was filed with the Department of State on the following date: 10 ' I � - 1 (3 APPROVED AS TO FORM AND Alan S. Polackwich, Sr., C APPROVED AS TO PLANNING MATTERS Robert M. Keating, Al P; Com nity Development Director Bold Underline: Additions to Ordinance StFik u& Deleted Text from Existing Ordinance F:ACommunity Development\Users\CUrDevAOrdinance Changes\2010\2010-_ 911.10(9)(a)(b).RTF 11