HomeMy WebLinkAbout2013-007ORDINANCE NO. 2013-007
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE
POLICY 5.6 OF THE FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE
PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive
Plan on February 13, 1990; and
WHEREAS, the County received Comprehensive Plan amendment applications during its January
2013 amendment submittal window; and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment
request on March 14, 2013, after due public notice; and
WHEREAS, the Local Planning Agency recommended that the Board of County Commissioners
transmit the comprehensive plan amendment listed below to State and Regional review agencies; and
WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public
Hearing on April 9, 2013 after due public notice, and
WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan
amendment to State and Regional review agencies; and
WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its
intention to hold an advertised final public hearing at the adoption stage of this plan amendment; and
WHEREAS, the Comprehensive Plan Amendment was transmitted to State and Regional review
agencies; and
WHEREAS, State and Regional review agencies had no objections to this amendment; and
WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan
Amendment Adoption Public Hearing on July 2, 2013, after due public notice.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County,
Florida, that:
SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal
The amendment to the Indian River County Comprehensive Plan identified in Section 2
is hereby adopted, and the Board of County Commissioners directs staff to transmit the adopted
amendment to State and Regional review agencies.
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ORDINANCE NO. 2013-007
SECTION 2. Amendment to the Comprehensive Plan
REVISIONS TO POLICY 5.6 OF THE FUTURE LAND USE ELEMENT OF THE COUNTY'S
COMPREHENSWE PLAN AS SHOWN IN THE APPENDIX A.
SECTION 3. Repeal of Conflicting Provisions
All previous ordinances, resolutions, or motions of the Board of County Commissioners
of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict.
SECTION 4. Severability
It is declared to be the intent of the Board of County Commissioners that, if any provision
of this ordinance and therefore the Indian River County Comprehensive Plan Amendment is for
any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such
provision shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining provisions.
SECTION 5. Effective Date
The effective date of this ordinance and, therefore, this plan amendment shall be 31 days
after the State Land Planning Agency determines that the amendment package is complete, unless
a petition is fled by an affected party.
This ordinance was advertised in the Press -Journal on the 17th day of June, 2013, for a
public hearing to be held on the July 2nd 2013, at which time it was moved for adoption by
Commissioner Davis seconded by Commissioner Flescher and
adopted by the following vote:
Joseph E. Flescher, Chairman
Aye
Wesley S. Davis, Vice Chairman
Aye
Peter D. O'Bryan, Commissioner
Aye
Tim Zorc, Commissioner
Aye
Bob Solari, Commissioner
Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
Joseph E. Flescher, Chairman= M: �'♦'
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ORDINANCE NO. 2013-007
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ATTEST B
Jeffrey R. Smit , Clerk of Cou and C ptroller
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND L AL SUFFICIENCY
A a-1
William K. De raal, DKeFuty County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AI P; Com unity D lopment Director
F:\Community Development\Comprehensive Plan Text Amendments\January 2013 FLU element policy 5.6\Ordinances and
Resolutions\Comp Plan Text Amendment Adoption Ordinance July 2, 2013.doc
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Appendix A
Revised Future Land Use Element Policy 5.6
Policy 5.6: By 2011, Indian River County shall adopt development regulations allowing
mixed use PDs in residentially -designated areas. All mixed use PDs in residentially
designated areas shall meet all of the following criteria:
Development Parameters
1. The maximum project area for a mixed use PD in a residential area shall be 40
acres. Mixed use projects exceeding 40 acres shall be designed as Traditional
Neighborhood Design (TND) developments and shall comply with Future
Land Use Element Policies 18.1, 18.2, and 18.3.
2. Mixed use PDs 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. Alternatively,
mixed use PDs in M-1 and M-2 designated areas may be located on sites that
are adjacent to C/I nodes.
Mix of Uses
3. To ensure that mixed use PDs contain an appropriate mix of residential and
commercial uses, commercial uses shall be allowed to constitute no more than
2025% of a project's land area gi dL 2 designated afeand no fner--e
than 2504 of a p eet's lana afea in N4 1 and N4 2 designated
4. 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 2-530% of the project's
land area in T d and r 2 designated afeas and up to 30, of the p ,eet's land-
., N4 d and Na 2 designated
5. 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.
6. Commercial uses allowed in mixed-use PDs shall be limited to lodging,
institutional, office, retail (including fuel sales), personal service, and
restaurant uses.
7. Within mixed use PDs, 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.
8. Within mixed use PDs, the maximum number of allowable residential units
shall be derived by applying the applicable comprehensive plan land use
designation density allowance to the entire area of the project and, in addition,
may include any applicable density bonuses.
9. Within mixed use PDs, commercial areas may be internal to the project or
may be located along a project's boundary, where such boundary abuts a
thoroughfare road or is adjacent to C/1 -designated property. Where such
commercial uses would face residential uses located outside the project,
buffering and compatibility improvements shall be required to mitigate any
adverse impacts.
10. On -street parking shall be allowed within mixed use projects.
11. All mixed use PDs shall be designed to include a transit stop within the
project.
Building Design and Setbacks
12. Within mixed use PDs, common architectural themes, common hardscape and
signage themes, and multiple pedestrian connections shall be required to
integrate nonresidential uses with residential uses. Common architectural
themes shall apply to both commercial and residential areas of the project.
13. Within mixed use PDs, no individual commercial building shall exceed
25,000 sq. ft. in commercial floor area. Lodging uses shall be exempt from
this limitation.
14. Where a nonresidential building in a mixed use PD is adjacent to residential
buildings located outside the project, the nonresidential buildings shall 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 screened by parapets, and/or by planting canopy trees
around the building's foundation. For residential buildings adjacent to a mixed
use PD, an existing buffer may be used to satisfy the compatibility
requirement.
Street Network
15. Each mixed use PD 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 that accommodates connections to appropriate uses on adjacent
sites.
16. 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.
17. Street trees shall be provided so as to shade sidewalk areas and buffer
sidewalk areas from automobile traffic.
Timinp, of Construction
18. In each mixed use PD, no eemmefe eonstmetie no more than 3 acres or
50% of the total commercial area allowed, whichever isreg ater, shall be
constructed, wed until at least 25% of the proposed residential
development has been peed constructed, and no ^^comer-ei ' e^llstr- etie
certificate of occupancy shall be issued for commercial area exceeding 3 acres
or 50% of the total commercial area allowed, whichever isreg ater, ec�
of ^,.,.,,... ney unless at least 25% of the total residential development has
received certificates of occupancy. Coni nee- is eenstfuetion shall not b -e
10094 built and issued eei4ifieates of eeeupaney tinfil at least0