HomeMy WebLinkAbout2013-006ORDINANCE 2013-006
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS
TO CHAPTER 915, PLANNED DEVELOPMENT (P.D.) PROCESS AND STANDARDS FOR
DEVELOPMENT, BY AMENDING MIXED USE STANDARDS SECTION 915.20;
PROVIDING FOR AN AMENDMENT TO CHAPTER 952, TRAFFIC, BY DELETING THE
APPENDIX; AND 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) CHAPTER 915, PLANNED DEVELOPMENT (P.D.) PROCESS AND
STANDARDS FOR DEVELOPMENT, AND CHAPTER 952, TRAFFIC, BE AMENDED AS
FOLLOWS:
SECTION #1:
Amend LDR Section 915.20, Mixed use standards, to read as follows:
below.
Mixed use P.D.s may be located within residentially designated areas, subject to the criteria
Approval Process
(1) Mixed use P.D.s shall be approved through the P.D. rezoning process.
Development Parameters
(2) The maximum project area for a mixed use P.D. in a residentially designated area
shall be forty (40) acres. Mixed use projects exceeding forty (40) acres shall be
designed as Traditional Neighborhood Design (TND) developments and shall
comply with the requirements of section 915.21.
(3) Mixed use P.D.s shall be limited to areas designated L-1, L-2, M-1, and M-2 and
shall be located along SR 60, US 1, Indian River Blvd., 58th Avenue, CR 510 (west
of the Indian River Lagoon), CR 512, or Oslo Road. Additionally, mixed use P.D.s
in M-1 and M-2 designated areas may be located on sites that are adjacent to C/I
nodes.
Mix of Uses
(4) To ensure that mixed use P.D.s contain an appropriate mix of residential and
commercial uses, commercial uses shall be allowed to constitute no more than
twenty -(2&} twenty-five (25) percent of a project's land area, inr-L l -- and i 2
designated areas and ne more than twenty five (25) per-eent of a
s land are i
Aif i a N4 2 designated '
m—rurra�.z-z-a ,,.b,.,.,,. ,..,,�,,, except as modified below in subsection (5), where
uses are vertically mixed.
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ORDINANCE 2013- 006
(5) The vertical mixing of uses is allowed and strongly encouraged. Where residential
and/or office uses are designed and located above commercial uses, the amount of
commercial area may constitute up to twenty five thirty (30) percent of the
project's land area
the projeet's land area in M 1 and M 2 designated areas.
(6) For purposes of these mixed use regulations, commercial area shall include
buildings, parking areas, and adjacent improvements that serve commercial uses.
Open space areas and common areas/improvements that are shared with residential
uses, however, shall not be treated as commercial area.
(7) Commercial uses allowed in mixed-use P.D.s shall be limited to lodging,
institutional, office, retail (excluding gas stations a+d but including fuel sales),
personal services, and restaurant uses.
(8) Drive -up windows are permitted for banks and pharmacies or similar retail uses.
Drive -up windows shall be designed to not impede pedestrian access to any
buildings. Drive-thru and drive -up facilities for restaurants are not allowed in mixed
use P.D.s.
(9) Within mixed use P.D.s, the Floor Area Ratio (FAR) for commercial uses shall be
applied to the commercial area. For the commercial area, the maximum FAR shall be
0.35.
(10) Within mixed use P.D.s, the maximum number of allowable residential units shall be
derived by applying the applicable comprehensive plan land use designation
maximum density to the entire area of the project and, in addition, may include any
applicable density bonuses provided in other sections of the land development
regulations.
(11) Within mixed use P.D.s, commercial areas may be situated internal to the project or
may be located along a project's boundary, where such boundary abuts C/I-
designated property or a road designated in the comprehensive plan as a collector or
arterial roadway. Where commercial uses are situated adjacent to residential uses
located outside the project, buffering and compatibility improvements shall be
provided in accordance with subsection 915.16(2). In addition, the design of
nonresidential buildings adjacent to residential uses located outside the project shall
comply with the requirements of paragraph (16) below.
(12) On -street parking along internal streets shall be allowed within mixed use projects.
(13) All mixed use P.D.s shall be designed to include at least one (1) transit stop within
the project.
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ORDINANCE 2013-006
Building Design and Setbacks
(14) Within mixed use P.D.s, common architectural themes, common hardscape and
signage themes, and multiple pedestrian connections shall be provided to integrate
nonresidential uses with residential uses. Common architectural themes shall apply
to both commercial and residential areas of the project.
(15) Within mixed use P.D.s, no individual commercial building shall exceed twenty-five
thousand (25,000) square feet in commercial floor area. Lodging uses are exempt
from this limitation.
(16) Where a nonresidential building in a mixed use P.D. is situated adjacent to
residential buildings located outside the project, the nonresidential buildings shall be
designed to be compatible with nearby residential buildings. The scale of such
nonresidential buildings may be minimized by articulating the building's mass, using
sloped roofs instead flat roofs, and/or by planting canopy trees around the building's
perimeter. Perimeter buffers may be waived where residential uses within a mixed
use P.D. are situated adjacent to similar residential uses located outside the project.
Street Network
(17) Each mixed use P.D. shall offer alternative routes and connections between
destinations within the project, and to appropriate uses on adjacent sites, by
designing and constructing a street network that consists of a grid or modified grid
pattern and stub -outs or connections to adjacent sites.
(18) The project shall contain a network of interconnected streets, sidewalks, and
pathways. Streets shall be designed to balance pedestrian and automobile needs, to
discourage high automobile speeds, to effectively and efficiently accommodate
transit systems, and to distribute and diffuse traffic rather than concentrate it.
Sidewalks shall be provided on both sides of project streets.
(19) Street trees shall be provided so as to shade sidewalk areas and buffer sidewalk areas
from automobile traffic.
Timing of Construction
(20) In each mixed use P.D., no --construction of no more than 3 acres or fifty (50)
percent of the total commercial area allowed, whichever is greater, eemmer-eial
building -area shall be permitted constructed until at least twenty-five (25) percent of
the proposed residential development (units or lots) has been constructed pennitted,
and no certificate of occupancy shall be issued for commercial buffing area
exceeding 3 acres or fifty (50) percent of the total commercial area allowed,
whichever is greater, unless at least twenty-five (25) percent of the total residential
development has received a certificates of occupancy or certificate of completion.
GorAniefeial building area not be one hundred (100) pereent bi
(Ord. No. 2012-021, § 1, 7-10-12)
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ORDINANCE 2013- 006
SECTION #2:
Amend LDR Chapter 952, Traffic, by deleting in its entirety the appendix entitled "Specific
Thoroughfare Plan Road Right -of -Way Table".
SECTION #3: 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 #4: 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 #5: 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 #6: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the gnrh day of -mine , 2013, for
a public hearing to be held on the flay of _jut y , 2013, at which time it was moved for
adoption by Commissioner Solari , seconded by Commissioner Flescher , and
Chairman Joseph E. Flescher Aye
Vice Chairman Wesley S. Davis Aye
Commissioner Tim Zorc Ave
Commissioner Peter D. O'Bryan Aye
Commissioner Bob Solari Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
J:
O;
i
Joseph -E. Flescher,
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ORDINANCE 2013- 006
ATTEST: Jeffrey R. Smith, Clerk of Court and C mptroller
BY:
Deputy Clerk
This ordinance was filed with the Department of State on the following date: 07/09/2013
APPROVED AS TO FORM D LEGAL SUFFICIENCY
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Alan Polackwich, 9i., County Attorney
APPROVED AS TO PLANNING MATTERS
4/ � 2 4 j �1'4 I/Y//, � � j 0.g" ';e � 0,
obert M. Keating, AI ; Com 'ty Development Director
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