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HomeMy WebLinkAbout1985-05INDIAN RIVER COUNTY ORDINANCE NO. 85-5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING NEW ZONING REGULATIONS TO BE KNOWN AS PLANNED RESIDENTIAL DEVELOPMENT (PRD) SPECIAL EXCEPTION STANDARDS AND PROCEDURES; CREATING SECTION 25.4 OF APPENDIX A TO THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, KNOWN AS THE COUNTY'S ZONING CODE, INCLUDING GENERAL REGULATIONS AND REQUIREMENTS, REVIEW STANDARDS, AND APPROVAL PROCEDURES; AND PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES, AS WELL AS CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:. - SECTION 1 Section 25.4, entitled "Planned Residential Development (PRD) Special Exception Standards and Procedures", of Appendix A to the Code of Laws and Ordinances of Indian River County, Florida, known as the Zoning Code is hereby created to read as follows: SECTION 25.4: PLANNED RESIDENTIAL DEVELOPMENT (PRD) SPECIAL EXCEPTION STANDARDS AND PROCEDURES 25.4 A. Purpose and Intent. The purpose of this section is to establish an alternate scheme of land use controls which promote the public health, safety, comfort, order, appearance, convenience, and general welfare of Indian River County; to protect the environment and retain natural landscaping; to meet the growing demand for housing of all types and design; to encourage innovations in residential development, with greater variety in type, design and layout of lots and buildings than generally possi- ble under conventional zoning regulations; to conserve and efficiently use open space; to provide greater opportunities for better housing and recreation; to encourage more efficient use of land and public services; and to conserve land values. 25.4 B. Coordination With Other Regulations. Final Planned Residential Development (PRD) Plan approval, as provided herein, shall constitute full compliance with the subdivision regu- lations of the County. Final PRD Plan approval shall entitle the applicant to all the privileges of recording a final plat afforded under the subdivision regulations. In the event of conflict between this section and other zoning and subdivision regulations of the County, the provision of this article shall prevail to the extent of such conflict. In the event of conflict between this section and the building and safety codes of the County, the provisions of the building and safety codes shall prevail to the extent of such conflict. 25.4 C. Special Definitions. All definitions appearing in Section 2 of the Zoning Ordinance shall be applicable to this Section, except to the extent of inconsistency with any special definitions contained herein. -1- V 1. AAdjjacent. A lot or parcel of land that is nearby and not neces- sarilnty adjoining. The lots or parcels may be separated by streets, rights-of-way, power lines, or similar open areas. 2. Direct Visual Access. Unobstructed line -of -sight from within a dwelling unit to all or portion of an open space area. 3. Major Recreational Facility. A facility designed for the active recreational use and enjoyment of residents of a Planned Residen- tial Development which is fifteen (15) acres or more in size. 4. Planned Residential Development (PRD). A land area under unified control which is designed and planned to be developed in a single operation by a series of prescheduled development phases accord- ing to an officially approved PRD Plan which does not necessarily correspond to the property development and use regulations of the zoning district in which the development is located. 5. Private Street. A privately owned access to abutting property, which serves more than one property, is not dedicated to the general public and is maintained by a Property Owner's Asso- ciation or other entity. 25.4 D. Applicable Zoning Districts. Planned Residential Developments may be approved as a special excep- tion pursuant to the standards and procedures established herein within the following zoning districts: 1. Agricultural Zoning Districts. a. A-1: Agricultural District 2. Rural Transition Area Zonino Districts. a. RFD: Rural Fringe Development District b. RS -1: Single Family District 3. Residential Zoning Districts. a. RS -3 and RS -6: Single Family Districts b. RT -6: Two -Family District C. RM -3, RM -4 and RM -6: Multiple Family Districts d. RM -8, RM -10 and RM -14: Multiple Family Districts 4. Commercial and Industrial Zonino Districts. All commercial and industrial districts. 25.4 E. leneral Regulations and Requirements. The following general regulations and requirements shall apply to all applications for approval of Planned Residential Developments as special exceptions. 1. Ownershi , Unified Control. All PRD special exception applica- tions sha 1 be filed in the name of the record owner of the property included in the PRD. However, the application may be filed by an applicant with an equitable interest in the property, or by an attorney or agent for the owner, provided the record owner joins in and executes the application. All applications shall include a verified statement showing each and every indi- vidual person having a legal equitable and/or beneficial owner- ship interest in the property upon which the application for PRD approval is sought, except corporations, in which case the name and address of the corporation, the names and addresses of each stock holder owning more than ten (10%) per cent of the value of outstanding shares of the corporation, the principal executive officers, and the registered agent of the corporation. -2- All land included for the purpose of development within a Planned Residential Development shall be owned or under the control of the Petitioner. The Petitioner shall document the unified control of the entire area within the proposed Planned Residen- tial Development and shall agree to: Develop in accordance with the officially approved final PRD plat and site plan for the development, and such other conditions or modifications as may be attached to the special exception; Provide at the time of final development review, agreements, covenants, contracts, deed restrictions, or sureties accept- able,yin form to the County Attorney to assure completion of the undertaking in accordance with the adopted final PRD plan (final plat and site plan), as well as for the continu- ing operation and maintenance of such areas, functions, and facilities as are not accepted by the County for operation and maintenance; and C. Bind his or her development successors in title to any commitments made under a. and b. preceding. Location and Size. In order to implement the objectives and policies of the Indian River County Comprehensive Plan and to encourage orderly development, all Planned Residential Develop- ments should be located within the boundaries of the Urban Service Areas, as established in the Comprehensive Plan. No minimum size for a Planned Residential Development is estab- lished. Authorized Land Uses. a. Uses Allowed Within Zoning District. All land uses listed under the zoning district in effect for the land included within the PRD, as either a permitted use, use requiring administrative permit or special exception use for those districts provided in subsection D, "Applicable Zoning Districts", preceding, may be allowed within the Planned Residential Development upon approval by the Board of County Commissioners. In addition to all standards included herein, all uses requiring administrative permit or special exception uses shall be subject to the specific use criteria established in Section 25.1 "Regulations for Specific Land Uses". b. More Than One Zoning District; Inter retation of Allowable Uses. Whenever a Planned Residentia Development is proposed which includes lands having more than one (1) zoning district and/or Comprehensive Plan Land Use Map designation, the applicant shall have the opportunity to develop the PRD as a unified project subject to approval of the site plan. Each part of a PRD with different underlying zoning must comply with the density and use requirements of the underlying district and may distribute the density and use throughout that portion of the PRD with such zoning. If a portion of the site is designated for nonresidential development on the Comprehensive Plan, and it is also zoned for nonresidential development, such land uses may be included as part of the PRD, but will be limited to the specific boundaries of the underlying zoning district. Non-residential uses which have the appropriate underlying zoning and Comprehensive Plan designation, shall be subject to the open space requirements of the underlying zoning district and shall not be subject to the recreational standards established herein. Commercial uses which have underlying commercial zoning and an appropriate Comprehen- sive Plan designation shall not be subject to the re- strictions of para. c, following. -3- c. Authorized Accessory Commercial Land Uses. In addition to t ose uses specifically allowed within the respective zoning district(s) of the Planned Residential Development, accesso- ry commercial establishments which meet the following criteria and standards may be permitted upon approval by the Board of County Commissioners at the time of special excep- tion approval. The following regulations are not intended to be applicable to home occupations. i. Minimum Number of Dwelling Units Required for Accessor Commercial Development; Maximum Size of Commercial Areas. No accessory commercial establishment shall be permitted within any Planned Residential Development which is to contain less than two hundred (200) dwell- ing units. Accessory commercial land areas may be approved up to a maximum size of 125 square feet of land area (including areas for parking and open space) per dwelling unit within the PRD. The total land area of accessory commercial areas with any PRD shall not exceed three (3%) percent of the gross area of the PRD. ii. Allowable as Accessory Commercial. Only uses allowable within the neighborhood commercial zoning district shall be allowed as accessory commercial uses within a PRD. iii. Minimum Open Space Requirements for Accessory Commer- cial Areas. AT accessory commercial areas within PRD shall maintain a minimum of thirty (30%) percent of the land area allowed in paragraph "i", above, as permanent open space. iv. Location of Accessory Commercial Areas. Such accessory commercial areas shall be located no closer than two hundred (200) feet to any boundary of the PRD. Where more than one type of accessory commercial establish- ment is proposed, such uses shall be grouped, arranged and designed for pedestrian convenience and vehicular access. Parking areas shall be combined where such combination will result in substantial improvement in public convenience and vehicular circulation. v. Accessory Commercial Uses Contained Within a Residen- tial Structure. Accessory commercial activities may be permitted to locate within multi -family residential structures provided that the total floor area contained therein does not exceed fifty (50%) percent of the gross residential floor area of the structure, and that such activities are conducted on the ground floor only. vi. Enclosure. All authorized accessory commercial activ- ities shall be conducted entirely within an enclosed building with no outside display or storage. No public address system or other devices for making announce- ments or playing music shall have speakers mounted outside of such buildings or be audible beyond any lot line of the building site on which the facility is located. vii. Limitations on Signs. Signs shall be permitted for purposes of identification only, and shall be limited to one (1), not exceeding ten (10) square feet in surface area. Where more than one (1) such establish- ment is located in the same building or on the same premises, a single sign shall be permitted for each use. All signs shall be mounted flat against the principal building. viii.Applicability of Other Zoning Regulations. All other -4- regulations and standards for commercial establishments including, but not limited to parking and loading, landscaping, and lighting requirements shall be appli- cable. ix. Occupancy of Accessory Commercial Structures. No certificates of occupancy for any accessory commercial establishment shall be issued nor may any building be used for a accessory commercial establishment before certificates of occupancy for at least two hundred (200) dwelling units in the PRD project have been issued. 4. Density Limitations; Transfer of Density. a. Maximum Density, Generally. The gross residential density of a Planned Residential Development shall not exceed the maximum density permitted in the underlying zoning district or the maximum density established in the Comprehensive Plan. The gross density for a PRD shall not exceed the maximums permitted as prescribed by the following: i. Agricultural Zoning Districts. -- A -l: 0.20 dwelling units/gross acre ii. Rural Transition Area Zoning Districts. -- RFD: 0.40 dwelling units/gross acre -- RS -1: 1.00 dwelling units/gross acre iii. Residential Zoning Districts. -- RS -3: 3.00 dwelling units/gross acre -- RS -6: 6.00 dwelling units/gross acre -- RT -6: 6.00 dwelling units/gross acre -- RM -3: 3.00 dwelling units/gross acre -- RM -4: 4.00 dwelling units/gross acre -- RM -6: 6.00 dwelling units/gross acre -- RM -8: 8.00 dwelling units/gross acre -- RM -10: 10.00 dwelling units/gross acre -- RM -14: 14.00 dwelling units/gross acre b. Density Limitations for Environmentally Sensitive Land. As established in the Indian River County Comprehensive Plan, environmentally sensitive lands shall be limited to the following maximum gross density levels. i. Environmentally Sensitive Lands East of I-95. Those land areas which are located east of I-95, and which are determined to be environmentally sensitive at the time of PRD special exception approval, based on the Site Plan Review Standards contained in Section 23.3, shall be limited to a maximum density of one (1) dwelling unit per acre. ii. Environmentally Sensitive Lands West of I-95. Land areas which are located west of I-95, and which are determined to be environmentally sensitive at the time of PRD special exception approval, based on the Site Plan Review Standards contained in Section 23.3, shall be limited to a maximum density of G.20 dwelling units per acre. C. Density Transfers to Preserve Environmentally Sensitive Lands. It is the intent of both the Indian River County Comprehensive Plan and Zoning Ordinance to encourage the preservation of environmentally sensitive lands within the County. In order to achieve this objective, it shall be -5- f 1»t allowable, upon approval by the Board of County Commission- ers, to transfer a portion or all of the maximum residential density permitted in environmentally sensitive lands to approved upland areas within the boundaries of the Planned Residential Development. Density transfers shall be specif- ically limited to those requests for PRD special exception approval. i. Areas Eligible to Receive Transfer of Density. Density transfers may only be applied to areas within the same PRD site. Any area receiving the transfer of density shall have been determined not to be environmentally sensitive and further shall have been deemed suitable for residential development. ii. Limitations on Density Transfers; Transitional Area Density Credit. The maximum density permitted on the upland area receiving the density transfer shall not increase by more than fifty (50%) percent. Transition- al areas which are not designated environmentally sensitive shall not be developed, however, they shall be considered upland for the purpose of computing maximum dwelling unit computation under paragraph 5 below. iii. Limitations on Open Space Credit. Whenever a PRD special exception has been approved for a density transfer, the environmentally sensitive area shall count for no more than twenty (20%) percent of the open space required for the upland area. iv. Recording of Transfer; Deed Restrictions Required. The Final PRD plat and site plan shall clearly designate those areas which have received density transfers and those environmentally sensitive lands which have had density transferred, together with such restrictions on the development of the transitional areas necessary to assure protection of the environmentally sensitive resource. All such documents shall be in a form satisfactory to the County Attorney. V. Additional Requirements and Safeguards. In approving the transfer of density from environmentally sensitive lands to upland areas, the Board of County Commission- ers may require land use limitations and restrictions beyond those specifically included herein in order to adequately preserve and protect the unique natural resources of Indian River County. Any such require- ments shall be documented in writing and become part of the special exception approval. Maximum Dwelling Unit Computation. For the purpose of this provision, the maximum number of dwelling units allowable within the PRD shall be computed as follows: a. Gross area of the PRD in acres acres b. Minus areas designated for non- residential land uses - acres C. Minus the total area of environ- mentally sensitive lands from which density is to be transferred - acres d. Equals the effective base resi- dential area = acres e. Multiplied by the approved density for the upland portion of the -6- site x d.u./acre f. Plus density transferred from environmentally sensitive portion of the project + d.u./acre Equals the maximum number of residential dwelling units permitted = dwellings 6. PRD Open Space Requirements. All Planned Residential Develop- ments shall provide open space areas pursuant to the following provisions. a. Minimum Open Space Requirements. All PRD's shall provide open space areas as specified within the size and dimension regulations of the underlying zoning district, however, open space shall be calculated for the PRD as a whole (or by phase if a phased development is proposed) rather than by individual lot. Calculation of Open Space Areas. In calculating open space areas, the following shall qualify, subject to the limita- tions provided herein. i. Credit for _Golf Courses and Similar Major Recreational Facilities. It is the intent of this provision to encourage the accessibility of all open space areas to individual dwelling units within Planned Residential Developments. The following standards shall be utilized in calculating creditable open space areas for major recreational facilities: -- If more than sixty (60%) percent of the total residential dwelling units within the abut are adjacent to and have direct visual access to the golf course or major recreational facility, one hundred (100%) percent of the area contained therein shall be credited towards open space; -- If between thirty (30%) percent and sixty (60%) percent of the total residential dwelling units within the PRD are adjacent to and have direct visual access to the golf course or major recre- ational facility, seventy-five (75%) percent of the area contained therein shall be credited towards open space; and -- If less than thirty (30%) percent of the total residential dwelling units within the PRD are adjacent to and have direct visual access to the golf course or major recreational facility, fifty (50%) percent of the area contained therein shall be credited towards open space. All golf courses and other major recreation facilities included as open space for the PRD shall be permanently reserved and maintained as common open space through deed restrictions or other legal instruments, approved by the County Attorney. ii. Credit for Natural and Manmade Water Bodies; Limita- tions. -- Natural water bodies included within the PRD site and which will not be disturbed by development shall be credited as open space. -7- -- Manmade water bodies shall be credited as open space provided that all design and maintenance requirements of the Indian River County Stormwater Management and Flood Water Protection Ordinance are satisfied. Notwithstanding, the total area of natural plus manmade water bodies shall not be credited for more than thirty (30%) percent of the total required open space for the development. iii. Credit for Continuous Pedestrian Circulation System. The entire area contained in a continuous pedestrian circulation system, consisting of permanently main- tained walks and trails may be counted as open space. iv. Credit for Multi -Use Recreation Center. The entire area occupied by a multiple -use recreation building and its attendant outdoor recreation facilities, excluding a golf course, may be counted as open space. V. Credit for Desiqnated Parks and Recreational Areas. All designated parks and recreation areas within the PRD shall be counted as open space, provided that such areas are a minimum of one (1) acre in size and have a minimum width of one hundred (100) feet. vi. Credit for Environmentally Sensitive Lands; Limita- tions. Environmentally sensitive lands from which density has been transferred shall be countable as open space, provided that environmentally sensitive areas shall not be credited for more than twenty (20%) of the total required open space for the development. vii. Credit for Impervious Private Exterior Open Areas. Any privately maintained or owned exterior open areas, composed of impervious surfaces, which are adjacent to and for the exclusive use of the residents of an individual dwelling unit, partially enclosed by walls, hedges, buildings or structures, including swimming pools, tennis courts, balconies, terraces, porches, decks, patios and atriums may be counted toward the open space requirement provided the total area credited therein does not exceed ten (10%) percent of the open space of the Development. All other landscaped areas between the property or lot lines and the building or buildings thereon shall count as open space, except as otherwise provided herein. viii.Areas Specifically Excluded From Open Space Calcu- lations. The following areas are specifically excluded from calculation as open space areas: -- public and private street rights-of-way; -- parking areas; and -- non-residential and non -recreational buildings and structures. C. Maintenance of Common 0 en S ace Areas. All open space require y this Section s a e designated as either private, reserved for common use, or dedicated to the public. All required open space shall be reserved as such through appropriate deed restrictions which cannot be removed without the consent of the Board of County Commissioners. Private yards and open space areas shall be owned in fee simple title as part of a lot or parcel in private -8- i r , ownership. The use of private open space shall be reserved and limited through appropriate deed re- strictions. The deed restriction shall require the property owner to maintain the private open space in perpetuity. All open space reserved for common use shall ultimately be owned in fee simple by one or more organization(s) of property owners within the PRD plat. The orga- nization shall be established by the applicant, and all organizational documents, including, but not limited to, articles of incorporation, bylaws and restrictive deed covenants, shall be submitted to the County Attorney for approval prior to recording in the public records of the County and filing with the Secretary of State. The organization shall be responsible for the maintenance of all common open spaces. The orga- nization shall be empowered to assess reasonable maintenance fees upon the owners of real property within the PRD plat for the maintenance of common open space. Recreation Requirements. To accommodate the recreational needs of future residents, all Planned Residential Development which are greater than ten (10) acres in size shall provide recreation- al areas in accordance with the following minimum requirements. The recreational requirements shall be waived for all PRD's which are ten (10) acres or less in size. Minimum Recreational Area Required. Based upon a standard of five 5 acres of recreational area per one thousand (1,000) residents, and an average household size of 2.4 persons per household, all PRD projects greater than ten (10) acres in size shall provide a minimum of 522.72 square feet of recreational area per dwelling unit. For example, a PRD with 620 dwelling units will be required to provide 324,086.4 square feet or 7.44 acres of recreational area. b. Provision of Recreational Improvements. Recreational areas as required in paragraph "a", above, may be comprised of either recreational space or recreational facilities, as provided below. i. Recreational Space. Recreational space shall include open space areas which are intended for either active or passive recreation. Recreation areas may include: -- golf courses; -- multi-purpose fields; -- picnic areas; -- park lands; -- beach access areas; and -- pedestrian and bike paths. ii. Recreational Facilities. Recreational facilities shall include those areas within a PRD which are specifically designed for the leisure and recreational requirements of PRD residents and their guests. Recreational facilities may include: -- playground facilities; -- swimming facilities; -- court facilities; and -- multi-purpose buildings. iii. Areas not Countable as Recreational Areas. The follow- ing are specifically excluded from calculations as recreational areas: -9- -- public and private street rights-of-way; -- parking areas; -- non -recreational buildings and structures; and -- environmentally sensitive lands from which density has been transferred. C. Location of Recreational Areas. Recreational areas shall be located within the boundaries of the development or on adjoining land. All lands designated for recreational areas shall be suitable for their intended purpose, considering their topography, vegetation, drainage, size, access and relationship to surrounding uses. d. Maintenance of Recreational Areas. All recreational areas shall be reserved and maintained in perpetuity as provided in paragraph E(6)(c) of this Section, "Maintenance of Common Open Space Areas". 8. Perimeter Transition Area. Required Perimeter Building Setback. No building or parking area shall be located closer than twenty-five (25) feet to any right-of-way or to the perimeter property line of a PRD. The perimeter building setback shall be maintained as permanent open space. In addition, one (1) foot of perime- ter setback shall be added for each two (2) feet or fraction thereof of building height over twenty-five feet for build- ings located on the perimeter of the development. b. Compatibility With Adjacent Single Family Zoning Districts Development. As part of the special exception approval, the Board of County Commissioners may require a compatibility zone of not more than one hundred fifty (150) feet in depth when the PRD directly abuts an RFD, RS -1, RS -3 or RS -6 zoning district, within which the setbacks, height, and lot coverage requirements will be in conformance with the adjacent zoning classification and development. The appli- cant may be allowed to develop multiple family dwellings closer than one hundred fifty (150) feet to adjacent single family development provided the project includes an in- creased perimeter building setback and utilizes increased landscaping within the perimeter setback. 9. Applicability of Zoning Size and Dimension Regulations. It is the intent of the Planned Residential Development regulations to offer applicants greater flexibility in designing and developing residential areas in order to accommodate more efficient and innovative residential environments. a. General Criteria for Reviewing Modified Lot and Building Configurations. The size and dimension standards for the respective zoning districts which allow PRD's as special exceptions may be modified as provided in this section, upon approval by the Board of County Commissioners. Modifica- tions may be approved only in accordance with the following criteria: i. Privacy: The modified building setback shall maintain privacy within individual dwellings. The modified building setback shall take into consideration the location and size of windows and their relation to public and semi-public areas, streets and other windows and screening. ii. Light and Air: The modified building setback shall provide adequate light and air, taking into consid- eration the relationship between window size and adequate light and air. -10- iii. Compatibility of Land Use: Adjoining modified building setbacks may be used for similar and compatible uses. Modified building setbacks may be grouped such that their utility is increased. The use of a modified setback shall be a factor in granting approval of setback modifications. iv. Building Configuration: Building configuration and the relationship between the arrangement of structures and privacy, light, air and the compatibility of modified building setback uses shall be factors in granting approval of setback modifications. v. Fire Exposure: Fire exposure of proposed PRD build- ings, ground floor area of buildings, height of build- ings, occupancy usage, type of construction, availabil- ity of water for fire flow, and spacing of fire hydrants shall be factors in granting approval of setback modifications. b. Size and Dimension Regulations Which May Not Be Modified. Applicants for PRD approval shall not be granted modifica- tions or waivers of the following size and dimension regu- lations: i. Maximum density shall not be exceeded; ii. Minimum open space and recreational standards shall not be reduced; and iii. Maximum height shall not be exceeded. However, the size and dimension regulations specifically included in paragraph "c", below, may be modified pursuant to the provisions herein. Allowable Modifications to Zoning District Size and Dimen- sion Regulations. The following size and dimension regu- lations may be modified upon approval by the Board of County Commissioners, and subject to the general criteria in paragraph "a", above. i. Minimum Lot Area, Frontage and Setbacks. -- Minimum Lot Size. No individual minimum lot size shall be required within a Planned Residential Development. -- FrontageRequirements; Accessibility. Each dwell- ing unit or other authorized use shall have access to a public street either directly or indirectly via a private approach road, pedestrian way, court or other area dedicated to public or private use or by common easement guaranteeing access. Authorized land uses are not required to front on a dedicated road right-of-way. The County shall be allowed access on any privately owned roads, easements and common open space to ensure adequate police and fire protection within the area, to meet emergency needs, to conduct services, and to generally promote the health and safety of all residents of the Planned Residential Development. -- Setback and Yard Requirements. There are no required setbacks or yards within the Planned Residential Development except the following: There shall be an exterior setback or yard of not less than twenty-five (25) feet in depth from a structure to any abutting public street right-of-way. -11- No structure shall be located closer than twen- ty-five (25) feet to any exterior boundary or property line of the Planned Residential Develop- ment. The perimeter transition area, as established in paragraph 25.4(E)(8) shall be provided. Parking shall not be permitted within any perime- ter building setback required herein. ii. Minimum Residential Floor Area Requirements. The minimum floor area requirements for dwelling units wii.iiin Planned Residential Developments, regardless of structure type, shall be established as follows: -- Efficiency -- One Bedroom -- Two Bedrooms -- Three Bedrooms -- More Than Three Bedrooms iii. Maximum Lot Coverage. coverage requirements Planned Residential space requirements are 500 square feet 550 square feet 650 square feet 750 square feet 750 square feet plus an additional one hundred (100) square feet for each additional bedroom over three. There shall be no maximum lot for residential uses within a Development, provided all open satisfied. 10. Compliance With Other Regulations. Subdivision Regulations. All Planned Residential Develop- ments shall be platted in compliance with the Indian River County Subdivision and Platting Regulations, except as specifically stated otherwise herein. All tracts within the PRD are to be in conformance with the approved Final PRD plat and site plan rather than with the provisions of the zoning district regulations which would otherwise apply. In connection with the approval of any plats involved in a Planned Residential Development, the requirements of the subdivision regulations may be waived or modified where such action would be consistent with the purpose and standards of this section. b. Site Plan Requirements; Review Standards. All PRD applica- tions shall be reviewed pursuant to the criteria established in Section 23.3. C. Off -Street Parking and Loading. All parking and loading spaces required pursuant to Section 24, "Off -Street Parking and Loading Regulations", shall be provided within the PRD. The Board of County Commissioners may permit a reduction in parking when it can reasonably be evidenced that dual use of parking can be accommodated by two (2) or more permitted uses without causing a shortage of parking spaces to result at any one time for any one use. No permitted reduction of parking area shall be used for other than open space pur- poses. Such reduced parking areas shall not be used to meet the minimum amount of required open space. 11. Underground Utilities. Within the Planned Residential Develop- ment all utilities including, but not limited to telephone, television cable, and electrical systems shall be installed underground. Primary facilities providing service to the site may be exempted from this requirement. Large transformers may be placed on the ground and contained within pad mounts, enclosures -12- or vaults. The developer shall provide adequate landscaping with shrubs and plants to screen all utility facilities from view if permitted above ground. 12. Homeowners' Association. All Planned Residential Developments shall establish one or more homeowners' or property owners' association(s) to ensure the continual maintenance of all common facilities within the development. All owners' association documents shall be submitted with the Final PRD Plan and approved by the County Attorney. 25.4 F. General Review Standards No application for a Planned Residential Development shall be approved under the provisions of this section unless the project satisfies the following general review standards: 1. Consistency with the Indian River County Comprehensive Plan 2. Conservation of natural resources 3. Consistency with the Thoroughfare Plan and relationship to the overall transportation system. 4. Provision of open space and recreational areas. 5. Characteristics of the proposed use(s) and the relationship to adjacent properties and uses. 6. Physical character of the site. 7. Adequacy of public facilities, including but not limited to police, fire, water, sewer, schools, drainage and other essential services. 8. Pedestrian and vehicular circulation design. 9. Energy efficiency building and site design. 10. Impact of the project on the region, as a whole. 25.4 G. General Procedures for PRD Review and Approval. The following is an overview of the general procedure for approving Planned Residential Development proposals: 1. Pre -Application Conference 2. Approval of Special Exception Application and Conceptual PRD Plan 3. Approval of Preliminary PRD Plan 4. Issuance of Land Development Permit 5. Issuance of Building Permits 6. Approval and Recording of Final PRD Plan 7. Occupancy and Use of Premises Applicants are encouraged to submit all necessary information to facilitate the concurrent review and approval of the various stages of the development review process. The following subsections will provide details regarding the information and procedures necessary for the PRD review and approval process. 25.4 H. Planned Residential Development Special Exception Approval Procedure; Conceptual PRD Review. -13- All petitions for Planned Residential Development special exception approval shall be governed by and adhere to the procedural require- ments of this section. 1. Pre -Application Confdrence. Prior to submitting a formal appli- cation for PRD special exception approval, the petitioner is encouraged to confer with the County staff and other agencies and officials involved in the review and processing of such applica- tions and related materials. The petitioner is further en- couraged to submit a tentative land use sketch plan for review at the conference, and to obtain information on any projected plans, programs or other matters that may affect the proposed planned community. This pre -application conference should address, but not be limited to, such matters as: a. The proposed relationship between the anticipated project and surrounding uses, and the effect of the proposed devel- opment on the Comprehensive Plan and/or stated planning and development objectives of the County or adjacent municipal- ities; b. The adequacy of existing and proposed streets, utilities, and other public facilities to serve the development; C. The nature, design and appropriateness of the proposed land use arrangement for the size and configuration of property involved; d. The extent and approximate location of any environmentally sensitive lands or unique natural habitats; and e. The ability of the subject property and of surrounding areas to accommodate future expansion if needed. 2. Filing of Application; Conceptual PRD Plan. a. Initial Filing. All applications for PRD special exception approval shall be filed as provided in Section 25.3(E) "Procedures for Review of Special Exception Uses". The application shall include all information requested herein, including a Conceptual PRD Plan. Said application shall become null and void if approval is not obtained within twelve (12) months of filing. b. Conceptual PRD Plan, Form and Content. An official applica- tion for PRD special exception approval shall be accompanied by a Conceptual PRD Plan which includes as a minimum the following information. The Director of Planning and Devel- opment may waive certain requirements for smaller PRD's when it is determined that such information is not necessary for a comprehensive analysis of the PRD. i. Vicinity Map. A vicinity map drawn to scale which clearly shows the site in relationship to its surround- ings. Where the project exceeds one hundred (100) acres in area, an aerial photograph taken within the last two (2) years at a scale of at least one (1) inch equals 500 feet, and showing all property within 1,000 feet of the project boundaries. ii. Property Boundaries. A certified survey delineating the location and dimensions of all boundary lines of the development, and of any contiguous lands, including those separated only by a street, canal, or similar feature, in which the developer or property owner presently has any legal interest. iii. Existing Site Conditions. The location, nature, and extent of all existing easements, streets, buildings, -14- land uses, historic sites, zoning, tree groupings, wetlands and other environmentally sensitive areas, watercourses and general U.S. Coast and Geodetic sheet topographic contours on the site, the names of the property owners of record and existing zoning and land uses for all contiguous property; the location and width of all existing or platted streets, drainage ways, utilities and similar features contiguous to the site. iv. Statement of Environmental Conditions. A statement identifying specific environmental conditions on the site including, but not limited to: -- specific boundaries of wetlands and other environ- mentally sensitive areas; -- one hundred year flood plain and V -zone ele- vations, as applicable; -- types of natural vegetation, including mangroves, and approximate tree removal estimates; and -- other unique or significant natural habitats or features of the site. V. Conceptual Development Plan. -- Land Use. The total project acreage, approximate location of each land use and proposed intensity, acreage by proposed land use dwelling unit types, general types of non-residential uses, open spaces, recreational facilities, and other proposed uses. -- Circulation. A general vehicular and pedestrian circulation plan showing approximate locations and types of all access points and major roadways. -- Conceptual Drainage Plan. A conceptual drainage plan approved by the County Engineer. -- Densities. Proposed densities for each dwelling unit type and approximate number of dwelling units by type. -- Proposed Density Transfer Areas. The size and boundaries of all environmentally sensitive lands from which a density transfer is proposed. -- Non -Residential Square Footage. Approximate square footage of all non-residential land uses including recreational, institutional and neigh- borhood commercial facilities. -- Traffic Impact Analysis. A traffic impact analy- sis, pursuant to the requirements of Section 23.3(D)(2). vi. Statement of Projected Public Facilities Impact. A statement identifying the projected impact of the proposed PRD on public facilities including: -- quantity of wastewater generated; -- quantity of potable water required; -- number of school age children expected to reside; -15- property tax revenue generated by the project; and other significant public facilities impacts. vii. Development Schedule. A proposed development schedule indicating the approximate starting and completion dates for the entire project and any phase thereof, together with appropriate identification and conceptual description of such phases. Conceptual PRD Plan and Special Exception Review Process. As established in Section 25.3, "Review of Special Exception Uses", all petitions for special exception approval shall be reviewed pursuant to the procedures established for rezoning petitions. In addition to such procedures, applications for Conceptual PRD Plan and special exception approval shall be reviewed in accor- dance with the following. a. Pre -Hearing Conference With Technical Review Committee. Prior to a public hearing by the Planning and Zoning Commis- sion, the applicant or his designate is encouraged to attend the pre -hearing conference of the Technical Review Commit- tee. The purpose of such pre -hearing conference is to assist the applicant in bringing the PRD special exception application and Conceptual PRD Plan as nearly as possible into conformity with these and all other applicable County regulations. If the applicant does not desire to partici- pate in the conference, the Technical Review Committee shall base its report to the Planning and Zoning Commission on the application as received. In the course of such pre -hearing conferences, any recommen- dations for changes shall be recorded in writing, with reasons therefor, and shall become part of the record of the application. Applicants shall indicate, in writing, their agreement to such recommendations, or their disagreement and reasons therefor; and the response shall also be included in the record. b. Concurrent Review of Applications Encouraged. In order to expedite the review and approval process, applicants are encouraged to submit applications for rezoning requests at the same time as those requests for PRD special exception approval. In addition those applicants who wish to obtain Preliminary PRD Plan approval and Conceptual PRD Plan approval concur- rently, are encouraged to submit all information and appli- cation requirements necessary to do so. C. Standards for Review. In the review and approval of PRD special exception applications and the Conceptual PRD Plan, the standards and requirements of this Section shall govern, in addition to any standards or requirements otherwise applicable, including site plan review standards. Conditions. In approving a Conceptual PRD Plan, the Board of County Commissioners may establish such conditions and may require any such modifications which assure compliance with the Planned Residential Development standards and regulations and further, the Board of County Commissioners may waive or modify subdivision, site plan, or other zoning requirements otherwise applicable to the development when such waiver or modification is not in conflict with said Planned Residential Development standards and regulations. Additional Information. Prior to, or in addition to, approval of a Conceptual PRD Plan, and upon a determination that additional information is necessary for proper review -16- of the proposed Planned Residential Development project the Board of County Commissioners may require the submission of additional information by the applicant. f. Amendment of Approved Conceptual PRD Plan. Once a Conceptu- al PRD Pan has been approved, and there is cause for amendment of same or any portion thereof, such amendment shall be processed in like manner as the original sub- mission. However, there shall be no requirement to file an amended special exception application unless the proposed amendment would so dictate. Prescribed Time for Submission of Preliminary PRD Plan; Ex- tensions. The Board of County Commissioners may approve a Planned Residential Development application subject to a prescribed time limit of no less than one (1) year for the submission and approval of a Preliminary PRD Plan. The failure on the part of the applicant to meet this require- ment shall terminate the approval of the Conceptual PRD Plan and the special exception approval shall lapse. The pre- scribed time limit for the submission and approval of a Preliminary PRD Plan may be extended once for a one (1) year period by the Board of County Commissioners, for good cause. 25.4 I. Preliminary PRD Plan Approval. 1. Submission of Preliminary PRD Plan. No Preliminary PRD Plan shall be submitted unless it has been prepared on the basis of a duly approved Conceptual PRD Plan, or unless the Conceptual and Preliminary Plans are submitted for concurrent review and ap- proval. The applicant shall submit a Preliminary PRD within the time limit established at the time of Conceptual PRD Pian ap- proval. Authorization to Submit. The granting of a special exception approval for a Planned Residential Development and the approval of its accompanying Conceptual PRD Plan by the Board of County Commissioners shall constitute authority for the applicant to submit a Preliminary PRD Plan. 3. Requirements for Preliminary PRD Plan Submission. a. General Requirements. All Preliminary PRD Plans shall include all information required for the submission of Preliminary Plats, as provided in the Indian River County Subdivision and Platting Regulations, as well as a Site Plan, as provided in Section 23 of this Code. b. Additional Requirements. In addition to the requirements of Para. 3(a) above, the Preliminary PRD Plan shall show: i. Updated Conceptual PRD Information. The Preliminary PRD Plan shall include all information required for the submission of the Conceptual Plan, including any additional information required pursuant to approval and updated information regarding: -- the development schedule; -- the number, size, location and density of land uses; -- open space and recreation areas; -- vehicular and pedestrian circulation; -- environmental conditions; -- transportation and other public facility -17- impacts; and -- transfer of density from environmentally sensitive areas. ii. Development Design. The Preliminary PRD Plan shall include architectural sketches of typical proposed residential and non-residential structures, including lighting fixtures and signs. iii. DRI Information; Binding Letter of Interpretation. If any PRD qualifies as a Development of Regional Impact (DRI), as defined in Chapter 380, Florida Statutes, such projects shall include all data submitted as part of the required Application for Development Approval (ADA). All proposed developments of five hundred (500) dwelling units or more must submit all necessary information and request, from the state, a binding letter of interpretation as to whether or not the project is a DRI. Standards for Review. In addition to the standards specifically provided herein, Preliminary PRD Plans shall be reviewed pursuant to the standards established for Preliminary Plats, as estab- lished in the Indian River County Subdivision and Platting Regulations, and the Site Plan Review Standards, established in Section 23.3 of this Code. 5. Review Procedures. The review and approval procedures for a Preliminary PRD Plan shall be as for Preliminary Subdivision Plats, in addition to the procedures and requirements of this Section. 6. Land Development Prior to Preliminary PRD Approval Prohibited. No construction, land clearing or grubbing, with the exception of test facilities and minor underbrushing, may begin until a Land Development Permit has been issued by Indian River County. 25.4 J. Application for Land Development Permit. 1. Construction Prior to Final PRD Approval. Upon approval of the Preliminary PRD Plan, an applicant may choose to apply for a Land Development Permit in order to commence construction of require improvements for the entire PRD or for approved phases. If the applicant chooses to obtain a Land Development Permit, he or she shall submit all construction plans and specifications required pursuant to Section 7(E)(3) of the Indian River County Subdivi- sion and Platting Ordinance. All required improvements shall be completed by the applicant prior to Final PRD Plan approval. 2. Construction After Final PRD Approval. Upon approval of the Preliminary PRD Plan, if an applicant does not choose to commence construction prior to obtaining Final PRD approval, he or she shall submit all construction plans and specifications required for a Land Development Permit pursuant to Section 7(E)(3) of the Indian River County Subdivision and Platting Ordinance at the time of Final PRD Plan approval. Security will be required for the performance and maintenance of all improvements, for the entire PRD or by approved phase, which are to be constructed subsequent to Final PRD Plan approval. 25.4 K. Commencement of Construction 1. Authorization to Apply for Building Permits. Upon issuance of the Land Development Permit, the applicant shall be authorized to apply for building permits for all structures within the area which the Land Development Permit is applicable, whether it be for the entire development or approved phase(s). -18- 2. Fee Simple Land Sales Prohibited. The applicant shall not be authorized to transfer ownership of any lands within the PRD by fee simple title to any parties until after the Final PRD Plan has been approved and the final plat recorded. 25.4 L. Final PRD Plan Approval Authorization to Submit. Approval of the Preliminary Development Plan by the Board of County Commissioners shall constitute authority foi the applicant to submit a Final PRD Plan prepared in accordance with the approved Preliminary Development Plan and all conditions as may have been required by the Board of County Commissioners. Furthermore, the applicant shall also furnish all such supplemen- tary information as may have been required by the Board of County Commissioners upon conditional approval of the Preliminary PRD Plan. Staged Development. A Final PRD Plan may be prepared and submit- ted for the entire planned development at one time or for the approved development stages. 3. Time Limit for Submission. The Final PRD Plan for either the entire Planned Development or the first stage(s) thereof shall be submitted within twelve (12) months from the date of approval of the Preliminary PRD Plan or with such extended periods as the Board of County Commissioners may authorize. 4. Submission Requirements for Final Development Plans. All Final PRD Plans shall be submitted in accordance with the following requirements. a. General Requirements. Final Development Plans shall include a Site Plan prepared in accordance with Section 23 of this Code and a Final Subdivision Plat prepared in accordance with the Indian River County Subdivision and Platting Regulations. b. Preparation. All required data on the Final PRD Plan must by accurately measured and engineered and represented in its true and exact form. C. Review Procedures. The review and approval procedures for Final PRD Plans shall be as for Final Subdivision Plats, in addition to the requirements and procedures of this Article. Effect of Approval of Final Development Plan. Following the approval of the Final Development Plan by the Board of County Commissioners, the final plat of the Final PRD Plan shall be filed with the Indian River County Court Clerk. Failure to Comply with Approved Final Development Plans. Failure to comply with the requirements of the approved Final PRD Plan and any conditions imposed in its final approval, including time conditions, shall constitute a violation of this Ordinance. Upon finding by the Board of County Commissioners that the developer has failed to comply with the conditions or any provisions imposed in its approval, including staging plans or prescribed time limits, the approval of the Final PRD Plan shall automat- ically be terminated. Prior to continuing with the Planned Residential Development, the developer shall reapply to the Board of County Commissioners for approval to continue. The Board of County Commissioners may authorize the petitioner to continue under the terms of the Final PRD Plan approval or may require that the developer re -submit the application in conformance with any step outlined in the procedure for Preliminary or Final PRD Plan approval. No subsequent plan shall effect an increase in -19- the overall project density as set by the original Conceptual PRD Plan approval. 25.4 M. Occupancy and Use of Premises; Director's Certification. Prior to the use or occupancy of any portion of the Planned Develop- ment project, the Planning and Development Director shall determine that all of the requirements of the Final PRD Plan have been complied with for that portion of the Planned Residential Development project for which approval of uFe or occupancy is being required. 25.4 N. Modifications 1. Generally. The Planning and Development Director may approve any modification of an approved Final PRD Plan which is of a minor nature and not contrary to the intent and purpose of the Final Development Plan. Any modification which, in the opinion of the Planning and Development Director is of a major nature, shall be reviewed and approved by the Board of County Commissioners. 2. Limitations. The Planning and Development Director shall not av_e tFe authority to approve any modifications which increase the overall project density, the types and numbers of uses permitted, project phasing schedules, or which reduces assurances for the provision of required improvements, but may approve minor modifications including but not limited to the alignment, lo- cation, and design of required improvements, accessory struc- tures, open space configurations, and buildings and landscaping. 25.4 0. Deviations From Approved Plans Deviations from the approved plans or failure to comply with any requirements, condition, or safeguard imposed by the Board of County Commissioners during the approval procedure shall constitute a vio- lation of this Ordinance. 25.4 P. Transfer of PRD Approval Approval Runs With the Land. PRD approval shall run with the land and shall transfer to a successor in interest to the origi- nal applicant upon written disclosure of such transfer of the Planning and Development Division as to the identity of the successor. The disclosure shall provide the full legal name of the person or business entity acquiring the interest in the property, the nature of the interest, the address of the princi- pal place of business of the successor, telephone number, name and address of registered agent if corporation, name, address and title of officers or agents authorized to transact business with the County, together with proof of authorization if other than president or vice-president or general partner, and the name and address of any new design professional for the project. A transferee developer must also assume in writing on a form acceptable to the County Attorney all commitments, responsibil- ities, and obligations of the prior developer, including all special conditions of site plan approval. Disclosure of Requisite Information. Failure to make the required disclosure and assumption shall suspend all PRD special exception and plan approvals until such time as proper disclosure and assumption is made. Time Limits. Transfer of PRD approval shall not toll or modify the ca cu ation of time limits set forth with respect to com- mencement or abandonment of construction and following any transfer, such time limits shall be calculated as if the transfer had not occurred. Transferability Limitations. This provision does not relate to any transfer of space, units, buildings, or property, to a -20- transferee which intends to occupy the property only after issuance of a certificate of occupancy, unless the transferee is the successor developer, nor to the creation or transfer of a nonpossessory lien or encumbrance. SECTION 2 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commis- sioners 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 Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 3 INCORPORATION IN CODE The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropri- ate word, and the sections of this ordinance may be renumbered, reserved or relettered to accomplish such intentions. SECTION 4 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 hold- ings shall not affect the.remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitu- tional, invalid or inoperative part. SECTION 5 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. -21- tvs 0 Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 16th day of January 1985. BOARD OF COUNTY COMMISSIONERS OF INDIAN—RIVER COUNTY BY Chairman Acknowledgment by the Department of State of the State of Florida this 4th day of February , 1985. Effective Date: Acknowledgment from the Department of State received on this 8th day of February , 1985, at 11:00 A.M./P.M. and filed in the Office of the Clerk of the=ard of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFIVERY. By EY -21.1-