HomeMy WebLinkAbout2012-014ORDINANCE 2012-014
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS
TO CHAPTER 902, ADMINISTRATIVE MECHANISMS, BY AMENDING APPEALS FROM
DECISIONS OF THE COMMUNITY DEVELOPMENT DIRECTOR OR HIS DESIGNEE
SECTION 902.07; AND BY AMENDING TECHNICAL REVIEW COMMITTEE SECTION
902.10; 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 902, ADMINISTRATIVE MECHANISMS, BE AMENDED
AS FOLLOWS:
SECTION #1:
Amend LDR Section 902.07, Appeals from decisions of the community development director
or his designee, to read as follows:
(1) Purpose and intent. This section is established to provide a mechanism for the
hearing and resolution of appeals of decisions or actions by the community development director or
his designee and for further appeals from decisions and actions from the planning and zoning
commission.
(2) Authorization.
(a) The planning and zoning commission of Indian River County shall be authorized to:
1. Hear and decide appeals when it is alleged that there is an error in any order,
requirement, decision, or determination made by the community development
director or his designee in the application and enforcement of the provisions
of the land development regulations.
2. Hear and decide appeals when it is alleged that there is an error in the
interpretation or application of a provision(s) of these land development
regulations in relation to a development application.
Decisions rendered by the planning and zoning commission may be appealed to the
board of county commissioners which shall have the power to hear and decide such
appeals.
(b) Upon appeal and in conformance with the land development regulations, the
planning and zoning commission in exercising its powers may reverse, may or
affirm wholly or partly., or may modify the order, requirement, decision,
interpretation, application or determination of the community development director
or his designee.
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ORDINANCE 2012-014
(c) Any action amending or reversing wholly or partly the community development
director's decision shall require four (4) affirmative votes of the planning and zoning
commission.
(3) Appeal procedures.
(a) The applicant, or any other person(s) whose substantial interests may be affected
during the development review process, may initiate an appeal.
(b) Appeals must be filed within twenty-one (2 1) days from the date of notification letter
rendering the decision by the respective official. Appeals may be concurrent with
requests for approval of a development application(s).
(c) An appeal must be filed within the specified time limit with the planning division on
a form prescribed by the county. All such appeals shall recite the reasons such an
appeal is being taken. The appeal shod shall identify: the error alleged; the
ordinance allegedly improperly interpreted= or the decision or order
allegedly improperly issued; the land development regulations supporting the
applicant's position; and the goals, objectives and/or policies of the comprehensive
plan supporting the applicant's position. The appeal shall be accompanied by a fee to
be determined by resolution of the board of county commissioners. The community
development director shall schedule the appeal at the earliest available meeting of
the planning and zoning commission.
(d) Notice of the appeal, in writing, shall be mailed by the planning division to the
owners of all land which abuts the property upon which an appeal is sought; at least
seven (7) days prior to the hearing. The property appraiser's address information for
said owners shall be used in sending all such notices. The notice shall contain the
name of the applicant for the appeal, a description of the land sufficient to identify it,
and a description of the appeal requested, as well as the date, time and place of the
hearing.
(e) All appeals shall be heard at a meeting of the planning and zoning commission. At
the appeal hearing, Aall interested parties shall have a right to appear 'tea the
planning and zoning . . and address specific concerns directly related to the
appeal. Any person may appear by agent or attorney. All such hearings shall be
conducted as de novo hearings and in compliance with the rules of procedure for
the planning and zoning commission. The time and place scheduled for the hearing
shall be provilg4_given to the applicant in writing after an appeal application is
submitted.
(f) Prior to the appeal hearing, all relevant information regarding the action from
which the appeal is taken shall be compiled and transmitted by staff to the
Planning and zoning commission.
(4) Action by the planning and zoning commission, findings of fact. At the appeal
hearing, seheduled the oreens=aer-ing the appeal, the planning and zoning commission,
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ma ; in conformity with the provisions of law and these land development regulations, may uphold,
overturn, or overturn and affirm in part the decision being appealed. aevek,,.., ent a;, o .*�
his designee fto .,>,,.m the appeal is taken-. In reviewing an appeal= of a deeision by the
eoffhmunity development dir-eetof or- his designee; the planning and zoning commission fatist shall
make findings in the following areas:
(a) Did the reviewing official fail to follow the appropriate review procedures? If so,
what procedural error was made?
(b) Did the reviewing official fail to properly interpret or apply the use
or- size and aimensi ' r-egWa s applicable fer- the r-espeetive zoning district(s)
regulations? If so, what error in interpretation or application of zoning district
regulations was made?
(e) Did the r-eviewing effieial fail to censider—adequately the e€€eets of the
and . ,ole roe
(dc) Did the reviewing official fail to properly evaluate the application or request with
respect to the comprehensive plan and land development regulations of Indian River
County? If so, what error was made in evaluating the application or request
with respect to the comprehensive plan policy or land development regulations?
The decision of the planning and zoning commission shall be final unless further appealed.
Not withstanding findings (a) through (de) above, the planning and zoning commission may make
additional findings of fact.
(5) Further appeals from actions by the planning and zoning commission. At any time
within twenty-one (21) days following action by the planning and zoning commission, the
applicant, the county administration, of any department thereof, or any other person whose
substantial interests may be affected by the proceeding may seek review of such decision by the
board of county commissioners. The decision of the board of county commissioners shall be final.
At the hearing scheduled for the purpose of considering an appeal of the planning and zoning
commission's action, the board of county commissions may, in conformity with the provisions of
law and these land development regulations, uphold, amend, or reverse wholly or partly; the
decision by the planning and zoning commission which is being appealed. Appeals of planning and
zoning commission decisions to deny rezoning applications are regulated in section 902.12. All
other types of appeals to the board of county commissioners shall be followed conducted in
accordance with the same provisions of ,
section 902.07(3), and the board of county commissioners shall review the appeals with respect to
the findings criteria of section 902.07(4). Any action by the board of county commissioners
reversing a planning and zoning commission decision shall require three (3) affirmative votes.
(6) Effect of filing an appeal. The filing of an appeal shall terminate all proceedings
which further the action appealed until the appeal is resolved, except when the halting of such
action poses a threat to life or property. The planning and zoning commission shall make this
determination. Notwithstanding this provision, proceedings involving review of a development
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application may proceed when an appeal of an administrative decision has been filed and will be
considered concurrent with the development application request.
SECTION #2:
Amend LDR Section 902.10, Technical review committee, to read as follows:
(1) Establishment of the technical review committee. The technical review committee is
hereby established for the purpose of performing technical evaluations of subdivisions, planned
developments (PDS), developments of regional impact (DRIs), and site plan applications. The
technical review committee shall be empowered to undertake studies and/or reviews necessary to
complete an appropriate analysis of those applications pursuant to the procedures of these land
development regulations.
(2) Composition of technical review committee. The technical review committee is
composed of:
(a) The community development director or his designee, chairman;
(b) A staff planner of the planning division, designated primary review responsibility for
each development project;
(c) The public works director or his designee;
(d) County traffic engineer;
(e) County drainage engineer;
(f) Representative of the county utility department;
(g) Representative of department of environmental health; and
(h) The technical review committee may request input from other county divisions and
governmental agencies including, but not limited to, the drainage district
representative, FDOT, school board, code enforcement division, and municipalities
as needed. The county attorney's staff will provide legal counsel to the committee as
needed.
(3) Role of technical review committee. The technical review committee has the
following duties and responsibilities regarding the review and consideration of subdivisions,
planned developments, developments of regional impact, special exceptions, and site plan
applications:
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(a) The technical review committee shall undertake technical evaluations of all
subdivisions, planned developments, developments of regional impact, and major
site plan applications to identify deficiencies and/or discrepancies from the
provisions of the county's land development regulations. Additionally, the technical
review committee shall have the ability to review administrative approvals, if
warranted.
(b) The technical review committee, through its chairman (the Community
Development Director or his designee), shall approve, approve with conditions,
disapprove or postpone consideration of minor site plans (as defined herein) and
certain administrative permit uses allowed to be reviewed and approved by the
committee. Actions by the technical review committee regarding miner- site plans
and „am inistr-alive pefinit uses staff -level approvals shall be final unless ;moi
appealed to the planning and zoning commission consistent with section 902.07,
appeals from decisions of the community development director or his designee.
is filed by the plie nt ..,it4i , to (m working in days
(4) Open meetings. Meetings of the technical review committee are staff meetings and
shall be open to the public and shall be held on a regular basis. Such meetings shall not require the
notification of those property owners surrounding the site being reviewed. Members of the public
may not participate in the technical review committee deliberations unless final action is being
taken on minor site plan applications.
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.
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ORDINANCE 2012- 014
This ordinance was advertised in the Press -Journal on the 9th day of June, 2012, for a public
hearing to be held on the 19th day of June, 2012, and on the 30th day of June, 2012 for a second
public hearing to be held on the 10th day of July, 2012, at which time it was moved for adoption by
Commissioner O'Bryan , seconded by Commissioner Solari , and adopted by
the following vote:
Chairman Gary C. Wheeler Ave
Vice Chairman Peter D. O'Bryan Aye
Commissioner Bob Solari Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
BOARD OF COUNTY COMMISSIONERS
to mmissjOy,. OF INDIAN RIVER COUNTY
3 Gary C. W eeler, Chairman
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"•!�R COU + ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
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BY:
— Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Alan Polackwich, Sr., County Attorney
APPROVED AS TO PLANNING MATTERS
Obert M. Keating, ICP Commu Development Director
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