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HomeMy WebLinkAbout1981-02INDIAN RIVER COUNTY ORDINANCE NO. 81-2 AN ORDINANCE REQUIRING A "BINDING LETTER OF INTERPRETATION" FROM THE STATE LAND PLANNING AGENCY WHERE A PROPOSED DEVELOPMENT EXCEEDS 500 UNITS; OR WHERE TWO OR MORE INTERRELATED DEVELOPMENTS BY A COMMON OWNER EXCEED 500 UNITS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River County Board of County Commissioners has determined that certain large developments may raise the question of whether a development of regional impact (DRI) may be required because of the regional impact of said developments, taking into consideration (a) location; (b) whether the development unreasonably interferes with the achievement of the objectives of the adopted land development plan and proposed amendments if any applicable to the area; (c) whether the develop- ment is consistent with the local land development regulations; (d) whether the development will have a favorable or unfavorable impact on the environment and natural resources of the region and the extent of the impact; (e) whether the development will have a favorable or unfavorable impact on the economy of the region and the extent of the impact; (f) whether the development will effi- ciently use or unduly burden water, sewer, or solid waste disposal, or other necessary public facilities; (g) whether the development will efficiently use or unduly burden public transportation facili- ties; (h) whether the development will favorably or adversely affect the ability of people to find adequate housing reasonably accessible to their places of employment; and (i) whether the development complies with such other criteria for determining regional impact as determined by the County Planning and Zoning Office, including, but not limited to, the extent to which the development would create an additional demand for, or additional use of, energy; and WHEREAS, the previous presumptory DRI threshold set for Indian River County, based upon its prior population of less than 50,000 people, was 500 living units; and WHEREAS, the Indian River County Board of County Commissioners has determined that developments exceeding 500 units may pose the question of whether a DRI is applicable; and WHEREAS, the Indian River County Board of County Commissioners is aware that two separate interrelated developments by common owners within a reasonable proximity may pose the question of whether a DRI is applicable, when the number of proposed units for the additional developments aggregated exceeds 500 living units; and WHEREAS, the Indian River County Board of County Commissioners is interested in requiring a binding letter of interpretation from the State Land Planning Agency as a part of site plan review, subdivision approval or other proposed land uses exceeding 500 living units whether in a single proposed development or several developments taken together where common, or interlock- ing, ownership, either legal or equitable, interests are shown; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY: SECTION 1. Any developer or builder or other individual or entity submitting an application to the County for site plan review, sub- division approval, or any other proposed land use involving the construction of living units exceeding 500 in number, shall submit to the County Planning and Zoning Office, together with any other information required or requested for the particular proposed use, a binding letter of interpretation from the State Land Planning Agency setting forth a statement whether a DRI is applicable to the proposed use. SECTION 2. Where a common owner, owners, interlocking owners, or their heirs, successors or assigns of more than one development site holding either a legal or equitable interest submits a site plan application, subdivision application, or any other proposed use within five years of a prior application involving the con- struction of dwelling units which when aggregated exceeds 500 in number, and where such projects are located within a reasonable Proximity of each other, then the developer, builder, owner, agent, or other entity must submit, together with any other additional information required or requested, a binding letter of interpreta- tion from the State Land Planning Agency setting forth whether a DRI is applicable. -2- SECTION 3. This Ordinance will not apply to projects which, as of the effective date of this Ordinance, have had substantially com- pleted site plan applications submitted to the Planning and Zoning Department, and the Planning and Zoning Director has certified that the subject site plans are suustantially complete, and total devel- opment proposals which have been received by the Planning and Zoning Office and which have been certified by the Planning and Zoning Director as having been received prior to the effective date of this Ordinance. However, only those total development plans and completed site plans so certified by the Planning and Zoning Director as having been received prior to the effective date of this Ordinance shall be exempt from the provisions hereof. The certification of the total development plan as above described will not bind the County to the approval of the said Plan but will only serve as a means of identi- fying the physical boundaries of exempt projects for the purposes herein set forth. SECTION 4. SEVERABILITY If any part of this Ordinance is held to be unconstitutional, it shall be construed to have been the legisla- tive intent to pass this Ordinance without such unconstitutional part and the remainder of this Ordinance to the exclusion of such part shall be held to be valid as if such part had not been included herein. If this Ordinance or any provision hereof is held to be inapplicable to any person, group of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability hereof to any other person, property or circumstance. SECTION 5. This Ordinance shall not create liability on the part of Indian River County nor any officer nor employee thereof, for any damages that result from relaiance on this Ordinance or any administrative decisions lawfully made thereunder. SECTION 6. This Ordinance shall take effect according to law. Adopted January 14, 1981. STATE OF FLORIDA This Ordinance shall take effect January 14, 1981. INDIAN RIVER COUNTY THIS 15 TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. FREDA WRIGHT, CLERK BY A/J . I�Afd{U.C.