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HomeMy WebLinkAbout1979-26r - INDIAN RIVER COUNTY ORDINANCE NO. 79-26 AN EMERGENCY ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE 71-3 AS AMENDED BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Indian River County Ordinance 71-3 is hereby amended in toto as follows: SECTION 23, SITE PLAN APPROVAL It is the intent of this Ordinance to aid in the achievement of goals set forth in the Zoning Ordinance of Indian River County. It is further the intent of this Ordinance to determine and control environmental, ecological -economic impact, to insure continuity of traffic patterns and development compatible with surrourding property and provide for conformity to County develop- ment, and the Comprehensive Land Use Plan. Whenever site plan approval is required in this Ordinance, the following procedures and requirements shall be followed: A. SITE PLAN REVIEW - PROCEDURE: When site plan approval is required, no building or structure, or part thereof, shall be erected, or used, or land or water used, or any change of use consummated, nor shall any building permit be issued therefor, unless a site plan for such building, structure or use shall have been reviewed and approved by the Indian River County Planning and Zoning Commission, hereinafter referred to as the Commission. 1. No public notice or hearing is hereby required for con- sideration by the Commission but such matters shall be conducted in a public session. This review is required for any development of a multiple residential use, a business, commercial or industrial use, except that a building permit for a single-family dwelling on a single lot, or lots under same ownership, in the following zoning districts may be granted without site plan approval: A - Agricultural R -1E - Single Family R-1AA Single Family R -1A Single Family R-1 Single Family I 2. Before such site plan shall be approved, a complete application containing all criteria to be used in judging the site plan shall be filed with the County Planning Department at least twenty (20) calendar days before the meeting at which the Commission considers the application (a period of more than 20 days may be necessary should the site plan require con- sideration by the Technical Review Committee). Any application, in the discretion of the County Administrator, may during the 20 day filing period be considered and commented upon by the various County Departments. 3. An application shall be in a form substantially in accordance with the form prescribed by the County Planning Depart- ment's office, copies of which may be obtained from the Planning Department of the County. The notarized authority for a person other than the owner (s) to sign such application must be attached to and accompany said application. 4. Any application shall be accompanied by a fee to be paid to the County; said fee established by the Board of County Commissioners by Resolution. B. Any such building, structure, or use shall be erected, altered, installed and maintained in full conformity with the provision of the Zoning Ordinance and with a site plan as approved by the Commission. C. In reviewing such site plan, the Commission shall consider the location, size, height, spacing, appearance, character and utilization of any building, structure, or use and their appurte- nances, access and circulation of vehicles and pedestrians, streets, parking areas, yards and open spaces, landscaping and relationship to adjacent property, and access to adequate utility systems. D. The Commission shall not approve such plan unless it finds that such site plan conforms to all applicable provisions of the Zoning Ordinance, that the safety and convenience of the public are properly provided for, that adequate off-street parking and loading facilities are provided for owners, tenants, visitors and employees, and that adequate protection and separation are pro- vided for contiguous and nearby residential property. -2- E. The Commission may attach to its approval of a site plan any reasonable conditions, limitations or requirements which are found necessary in its judgment to effectuate the purposes of this section and carry out the spirit and purpose of the Zoning Ordinance. F. (Site plan to include certain information; criteria to be used in judging site plan). A site plan, for the purpose of this section, shall include, but not necessarily be limited to, the 1. Statements of ownership and control of the proposed development. 2. Name of development. 3. Statement describing in detail the character and intended use of the development. 4. A site plan superimposed on a survey, with legal description prepared by a regustered surveyor or engineer, of the property drawn to a scale MUTUALLY AGREEABLE TO THE PLANNING DEPARTMENT AND THE APPLICANT, BUT NOT TO EXCEED 100 FEET TO THE INCH. THE SITE PLAN WILL SHOW: a) Exact location of all buildings and structures, IN- CLUDING THE USE OF EACH, AND REQUIRED BUILDING SETBACKS. b) All means of ingress or egress INDICATING WIDTHS; c) All screen and buffer areas AND ALL UTILITY, DRAINAGE AND/OR ACCESS EASEMENTS; d) Off-street parking/off-street loading areas ( APP.A) SECTION 24, INDIAN RIVER COUNTY CODE); CORNER VISABILITY ( APP.A), SECTION 25 (M) (1), INDIAN RIVER COUNTY CODE). e) Refuse collection areas; f) PROVISION FOR AND LOCATION OF WATER SUPPLY AND SANITARY SEWAGE SYSTEM; g) LOCATION SKETCH WITHIN THE SECTION; h) NORTHPOINT, SCALE AND DATE. 5. A TOPOGRAPHIC SURVEY SHOWING NATURAL AND LAND FEATURES AND ELEVATIONS. 6. All site plans for construction of structures that exceed Five Thousand Dollars ($5,000.00) must be prepared by an architect or engineer under seal to practice in Florida. 7. Landscaping plan, including type, sized and locations of vegetation and decorative shubbery, and showing provisions for irrigation and maintenance. LOCATION AND TYPES OF ALL -3- EXISTING TREES, WITH TRUNK CIRCUMFERENCE OF 12 INCHES OR MORE:EASURED AT 4 1/2 FEET ABOVE GROUND, SHALL BE SHOWN WHETHER DESIGNATED TO BE REMOVED OR RETAINED AS PART OF THE LANDSCAPING PLAN. 8. STORM DRAINAGE PLAN (APP.A), SECTION 23 (K), INDIAN RIVER COUNTY CODE). 9. Location, size, description and ILLUSTRATION of all signs. 10. A site development plan which includes the following written data: a) EXISTING ZONING CLASSIFICATION; b) SIZE OF PROPERTY IN ACRES OR SQUARE FEET; c) Total number of dwelling units (with breakdown of hotel rooms, efficiencies, bedrooms, baths, apartments, etc.); d) Density count (dwelling units par gross area of area); e) Total ground floor coverage of all buildings; f) Total number of parking spaces and SURFACING MATERIAL; g) Gross open space, including everything except building coverage. Give acreage and percent of total development; h) Vehicular open space (DRIVEWAYS AND PARKING AREAS); i) Recreational open space (swimming pools, tennis courts, etc.). 11. Typical floor plans, indicating square footage, and ele- vations DRAWINGS for each type of structure. 12. DATA REQUIRED IN ITEMS 1 THROUGH 5 IN INDIAN RIVER COUNTY'S WATER AND SEWER FRANCHISE REGULATIONS (ORDINACE NO. 72-8), AS REVISED APRIL, 1978), WHEN THE PROJECT PROPOSES TO UTILIZE PUBLIC OR PRIVATE WATER FRANCHISE AND/OR SEWERAGE SYSTEMS. 13. Such additional data, maps, plans, or statements as may be required for the particular use of activity involved. 14. Such additional data as the applicant may believe is pertinent to the site plan or as may be required by the Commission. CRITERIA The following criteria shall be used by the Commission for the purpose of review of the site plans: 1. The Commission shall review site plans subject to criteria -4- including, but not limited to, the Zoning, Landscaping and Subdivision Ordinances, and may require those changes that are deemed necessary for the protection and promotion of the health, safety and general welfare of the public. 2. For the purpose of this Ordinance, private streets for multiple residences shall meet minimum right-of-way widths as required by the Subdivision Ordinance and Planning and Zoning Commission of Indian River County. The purpose of this subsection is to establish minimum setback lines for public conveniences and shall not be interpreted as pro- hibiting curbing, landscaping, parking or walkways within the distances established by this section. Further, the Commission may require dedication of right-of-way when found necessary by that Commission to collect and convey traffic to established or proposed traffic ways. 3. All land improvements shall be subject to Indian River County Subdivisions road standards. G. MODIFICATION OF SITE PLAN: Any change in use of buildings, structures, land or water, or institution of new uses, or alteration of or additional buildings or structures or erection of new buildings or structures, shall be in accordance with a new or modified site plan conforming and approved pursuant to this section. H. TIME LIMIT: The site plan approval shall terminate twelve (12) months thereafter if construction has not been started. Extensions of time may be made by the Board of County Commissioners at its discretion. In the event the property receiving site plan approval shall be sold, transferred, leased or the ownership thereof changed in any way, the site plan approval shall become null and void. I. SITE PLAN APPROVAL - PROCEDURE: Upon the approval of such site plan by the Commission, a building permit may be issued by the Building Department of the County, provided, however, any applicant for site plan approval, -5- or any other person having any aggrieved interest therein, may file an appeal to the Board of County Commissioners to review the action of the Commission in allowing or disallowing such application for site plan approval, which appeal shall be in writing and filed with the Building Department within ten (10) days from the date of the final action of the Commission, and shall be transmitted to the Board of County Commissioners by the Building Department. The Board of County Commissioners shall thereupon set a date for a public hearing with regard to such appeal, after giving public notice thereof in such manner as the Board of County Commissioners shall prescribe, at which time all interested parties shall have the right to appear before the Board of County Commissioners in regard thereto and the Board of County Commissioners shall thereupon render its decision therein. The decision of the Board of County Com- missioners shall be final, unless otherwise appealed to the Courts. No permit shall be granted by the Building Department of the County until the time for appeal from the decision of the Commission as herein provided shall have expired. When an appeal is so filed, no such permit shall be issued until after final determination of such appeal has been made. J. INSPECTION AND CERTIFICATION: 1. Upon approval of a site plan by the Commission and before construction begins, the applicant shall notify the Indian River County Zoning Department, in writing, of the intent to begin construction and a proposed construction sehedule. The Zoning Department shall conduct periodic inspections to insure the project is completed in accordance with the approved site plan. 2. Minor variations are permitted after Zoning Department approval in writing, which approval shall be affixed to the site plan. Cease and desist orders may be issued by the Zoning Department when violations are discovered and all work not in conformity with the approved site plan shall cease until Zoning Department approval is given or a revised site plan is approved by the Commission. 3. The applicant's architect or engineer of record shall notify the Zoning Department when the project is completed -6- and shall certify under seal that site plan and that any variations writing by the Zoning Department. shall make a final inspection and it conforms to the approved have been approved in The Zoning Department certify the project was completed in accordance with the approved site plan and the Final Certification of Approval shall be attached to the site plan and a copy sent to the applicant. 4. A fee for said inspection shall be established by Resolution of the Board of County Commissioners. K. STORMWATER RUNOFF CONTROL CRITERIA AND PROCEDURES: The Site Drainage Plan shall include at least the following provisions: 1. The project shall include practical means of reducing the amount of pollution generated by the project to a compatible with Florida Water Quality Standards found Chapter 1703, 17-4, and 17-6 dated March, 1979, of the Florida Administrative Code; i.e., Department of Environ- mental Regulation requirements shall be met including the retention and disposal by percolation of at least the first one inch of runoff. Skimming devices may be required where applicable and practical. 2. Runoff generated by the project (which may be defined as any new structures, additions to existing structures and/or other site improvements proposed by the applicant) shall be disposed of on the site by percolation unless sufficient capacity is available in the existing drainage facilities (or any practical combination thereof). The maximum quanity of runoff to be disposed of shall be that computed based upon a 25 year frequency storm with the minimum amount being that computed upon a 3 year frequency storm. Rainfall intensity -duration information for calculating runoff shall be based upon the curves prepared by Florida DOT for the Jacksonville Zone 3 area. Site capability for runoff retention shall be determined by current suitable site percolation tests and as further determined by the practicality of the on site storm water facilities. The following percolation test procedure is required to level in -7- be submitted with the conceptual site drainage plan: a) The test holes should be located as close as possible to the proposed location of exfiltration trench (vertical and horizontal) and if critical to a depth two 2 feet below the water table (MSL) at the time of the test. b) A hole for each test of about 12" diameter or as required for a maximum clearance of 1/2" between the hole and the test casing is augered to the required depth and casing is lowered into the hole with a minimum of 12" extending above the surface of the existing grade. c) The test casing shall consist of an approved pipe that is at least 8" in diameter with perforations for about the bottom 75% of the length as measured from the sur- face. The bottom of the casing shall be pointed. Exfiltration increments shall be measured with a suitable gauging device. d) Fill the test bore to 6" above the surface of existing grade and run test no later than two (2) hours after level has exfiltrated to below surface of existing grade. In all cases test runs to start only after the first 2" have exfiltrated. e) Run tests for at least 30 minutes and record as a minimum -- date, weather, project name, test run by, test number, location on site, sketch of hole and casing, ground water conditions, incremental drop and time, and subsurface soil information. Information shall be tabulated and attested to by a registered professional engineer licensed to practice in the State of Florida. The County Planning Department must be notified at least 24 hours in advance of the tests being conducted and reserves the right to witness the test procedure. Exfiltration rates for designing the site drainage facilities shall be determined by the developer's designer from these tests. Alternate percolation tests procedure may be used if approved in writing by the Planning Department prior to their use. 3. In order to determine the limits required of the disposal facilities, the Planning Department will make a judgment, with the aid of competent engineering advice, based on the data submitted by the applicant with the drainage plan. The data shall at least consist of hydrographs for each of the above storm criteria and disposal curves (actual and required) based upon current suitable site percolation tests as described in 2. through 2e. The Planning Department will make recommendations to the County Planning and Zoning Board for their consideration in formulating their decision. L. ADDTIONAL REQUIREMENTS FOR AFFECTED DEVELOPMENT: 1. It may be necessary for some projects to seek permits from governmental agencies other than the County. In such cases, zoning and building permits will not be issued for -8- these projects until the applicant submits proof of approval or certification from those agencies involved to the Plan- ning Department when applicable to the project. Agencies from which permits may be required include, but are not limited to, the following: a) Department of Environmental Regulation. b) Department of Transportation. c) Corps of Engineers. d) St. John's River Water Management District. e) Florida Health & Rehabilition Services. f) Indian River Farms Drainage District. g) St. John's Drainage District. h) Sebastian River Drainage District. i) Fellsmere Water Management District. 2. A site plan which shows lands to be dedicated for road right-of-way will be issued a zoning permit only after the deed(s) for the right-of-way have been recorded as part of the Public Records of Indian River County, Florida. M. Should any section, clause, word or provision of this Ordinance, or application of a provision contained within this Ordinance, be declared by the County to be unconstitutional or invalid, such declaration shall not affect the validty of the Ordinance as a whole or any part thereof, other than the part or application declared to be unconstitutional or invalid. N. This Ordinance shall be effective this 5th day of September , 1979. STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. FREDA WRIGHT, CLERK DY • dLG(Atg' DATE 9 -4 - -2 9 D.C.