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HomeMy WebLinkAbout1985-51ORDINANCE NO. 85 - 51 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER. C.QUNTY, FLORIDA AI4ENDING THE `T'E'XT OF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF INDIAN RIVER COUNTY; PROVIDING A DEFINITION, PROVIDING FOR CREATION; AND PROVIDING STANDARDS AS TO SIZE, LOCATION, USES, COMPATIBILITY, ACCESS, AND ESTABLISHMENT OF NEIGIIBORHOOD COMMERCIAL NODES; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County, Florida did publish and send its Notice of Intent to amend the Land Use Element of the Comprehensive Plan and pursuant thereto held a public hearing in relation there- to, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION I Page 32 of the Land Use Elerent of the Comprehensive Plan is hereby amended as follows: SPECIAL POLICIES REGULATING NODAL ARE7.S I) Unspecified nodes ma; include: Neighborhood Commercial I:odes - ?.e#gaeerMoed-cWi��r�i�r1 eente�a--nom-}ass-�ratr-fere--E�--)--ae�ee--txx=-_n-c�•c�.t--e€ -frer�kaerHaed-eea�+e�- e neaees;-pre€essiena3-a€€iees-anc3-eteer-Hees-an-de€fined-in a}}-apl*}ieab}e-}ena-cleNe}epr+enh-ardinaflres-#ne}ucl}Wry--enh not -tof-eedinaneea. �He--efiaraeter2sties--e€--a--neigbeerheeei--H�}}--a}se--ee eon93clered-in-detere�sning-dyes-erhteH-w}}}-ee-a}}eHecl-in-a part#en}ar-ne3gHeerHeed-eemcnereia}-Wade- Neighborhood commercial nodes are designed to be limited commercial centers located in areas between general nodes and are designed to function as minor, supplementary commercial centers limited in size and permitted uses. CODING: words in strnek-tljetzgH type are deletions from existing law. Words underlined are additions. 0 ORDINANCE NO. 85 - 51 As unspecified nodes, these neighborhood commercial nodes will not be graphically depicted upon the official Land Use Plan Map. Such nodes may be established by the Board of County Commissioners without amending the Land Use Plan or Land Use Plan Map. In creating neighborhood nodes the Board of County Commissioners must adhere to the neighborhood node standards as herein set forth. These standards will be more specifically detailed and the neighborhood node establishment mechanism more specifically defined in the County's zoning code and land develooent regulations. The following standards shall apply to the creation of any neighborhood node: ° Size: 0-3 contiguous acres (No neichborhood node may exceed 3 acres in size). ° Location: At least m11e from -a n,,, ether neighborhood node, co nercial rode co-zmer- cial/industrial node, tourist/c07:7,ercial node, hospital/commercial node M•X D district, or commer- cial corridor, and must be located on an arterial, collector, or subdivision feeder road. This dis- tance shall be measured using the most direct route along roadways from boundary line to boundary line and applicable to property on both sides of the roadway. However, the one mile distance requirement may be reduced by as much as ten (10) percent up to 528 feet, upon demonstration by the applicant that certain characteristics exist in the general area of the proposed neighborhood node. These characteris- tics shall include each of the followina considerations: CODING: Words in type are deletions from existing law. Words underlined are additions. 0 ORDINANCE NO. 85 - 51 1) The area of the proposed neighborhood node must have a lana use designation of LD -2 or higher, thus providing a large service population in a compact area. 2) The traffic impacts of the development shall not downgrade the level -of -service below level -of - service "C" on an average annual basis nor level -of - service "D" during the peak season on the street where it is located, or on any surrounding steets 3) Potential for strip commercial development shall not be increased through the creation of the neighborhood node. 9) The residential character of the surround area should not be negativel.: impacted.The burden of proof to show that a lesser separation distance is acceptable shall be upon the applicant In no instance, however, shall the separation distance be less than 0.9 mile. ° Uses: Limited to uses alio-,,red in C;i, Neighborhood Com:-nercial District. Compatibility: Must be compatible as to function and appearance with surrounding area 'oust establish a buffer separating commercial from adjacent residential uses Access: Limited access. Marginal (frontage) road system required Establishment: Created by petition to Board of County Commissioners; node established; land rezoned to CN. CODING: words in stnek-threagh type are deletions from existing law; words underlined are additions. ORDINANCE NO. 85 - 51 SECTION 2 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgement that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on the 5th day of June 1985. BOARD OF COUNTY COFCdISSIONERS OF INDIANi RIVER COUNTY B Y : �.i ,yet -t G/film DON C. SCURLOICK, JP.. VICE CHAIRMAN Acknowledgment by the Departr:ent of State of the State of Florida this 13th pial of June 1985. Effective date: Acknowledaes:ent from the Depart-ent of State received on this 17th day of June :9V, at 11:00 A.M./P.M. and filed in the office of the Cler:: of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. j GARY M. BRANDENBURG, COUNTY ATTORNEY Neighborhood Nodes PNOT