HomeMy WebLinkAbout2012-021ORDINANCE 2012-021
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 ADDING SECTIONS ON MIXED USE STANDARDS AND
TRADITIONAL NEIGHBORHOOD DESIGN STANDARDS, 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), BE AMENDED AS FOLLOWS:
SECTION #1:
Revise entire Chapter 915 to read as follows:
CHAPTER 915.
PLANNED DEVELOPMENT (P.D.) PROCESS AND STANDARDS FOR DEVELOPMENT
Sec. 915.01.
Title.
Sec. 915.02.
Definitions.
Sec. 915.03.
Purpose and intent.
Sec. 915.04.
Applicability.
Sec. 915.05.
Coordination with other regulations.
Sec. 915.06.
Uses allowed.
Sec. 915.07.
Planned development project area.
Sec. 915.08.
Density allowed.
Sec. 915.09.
Unified control.
Sec. 915.10.
Phasing.
Sec. 915.11.
Industrial use standards.
Sec. 915.12.
Commercial use standards.
Sec. 915.13.
Residential use standards.
Sec. 915.14.
Agricultural use standards.
Sec. 915.15.
Planned development allowable waivers and development
parameters.
Sec. 915.16.
Compatibility standards.
Sec. 915.17.
Project integration into public systems.
Sec. 915.18.
Open space standards.
Sec. 915.19.
Recreation standards.
Sec. 915.20.
Mixed use standards.
Sec. 915.21.
Traditional Neighborhood Design standards.
Sec. 915.222-9.
Review and approval process and requirements.
Sec. 915.232-4.
Formal pre -application conference requirements and standards.
Sec. 915.242-2.
Planned development conceptual plan submittal requirements.
Sec. 915.2524.
Preliminary planned development plan submittal requirements.
Sec. 915.262-4.
Land development permit submittal requirements.
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Sec. 915.2723.
Final planned development plan submittal requirements.
Sec. 915.2823.
Modifications to planned development plans.
Sec. 915.2927.
Planned development time limitations, expirations and
terminations.
Sec. 915.3028.
Transfer of approval and assumption of obligations.
Section 915.01. Title.
This chapter, the terms and provisions contained herein, shall be known as the "Planned
Development (P.D.) Process and Standards for Development Ordinance" of Indian River County,
Florida.
Section 915.02. Definitions.
All terms used in this chapter are defined in Chapter 901.
Section 915.03. Purpose and intent.
The purpose and intent of this chapter is to establish alternate schemes of land use controls,
via a planned development (P.D.) zoning overlay district and development process or a P.D. special
exception approval process, which promote the health, safety, comfort, order, appearance,
convenience, and general welfare of Indian River County in a manner consistent with the
Comprehensive Plan. This chapter is intended to:
(1) Protect the environment by affording opportunities and incentives for preservation of
environmentally sensitive and important areas;
(2) Allow a diversity of uses, structures, facilities, housing types, and open space,
buffers, and conservation areas in a manner compatible with existing, permitted, and
planned uses on adjacent properties;
(3) Allow for the residential development of agriculturally designated areas, with a more
compact design which clusters units and preserves open space;
(4) Encourage and allow for greater innovative design(s) that promote more efficient and
environmentally sensitive use of the land than generally achievable through
conventional zoning and development regulations;
(5) Ensure that development will be compatible with existing, permitted, and planned
uses on adjacent properties by having projects according to limitations and mixtures
of use, design, density, open space, conservation areas, and other elements stipulated
in an approved development plan;
(6) Encourage and allow a more efficient use of public services and facilities through
designs not generally achievable through conventional zoning and development
regulations;
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(7) Encourage the preservation and conservation of environmentally sensitive lands by
allowing the transfer of density from environmentally sensitive lands to uplands
areas; and
(8) Encourage the provision of affordable housing by allowing a density bonus for
projects containing affordable housing.
Section 915.04. Applicability.
(1) The P.D. process is an optional process that may be used, and shall be applied, under
two (2) different schemes:
(A) As part of an application to rezone a property to a planned development zoning
district, the P.D. process shall apply and all subsequent development of the property
shall comply with all applicable P.D. procedures and standards; or
(B) As a special exception approval and development process applied to property zoned
other than planned development.
(2) The planned development zoning district may be applied for and used for properties
having any number of comprehensive plan land use designations, subject to the planned
development district regulations found in Chapter 911. The special exception approval development
process may be applied for and used for properties having any comprehensive plan land use
designation and lying within any zoning district(s) except for the RMH-6 and RMH-8 districts. No
mobile homes shall be allowed in the project area, except as may be allowed as a temporary use
(pursuant to Chapter 972).
(3) Projects developed under the county's planned residential development (P.R.D.)
regulations may continue under those regulations. Said projects may develop and continue to
develop under the P.R.D. regulations in effect prior to September 11, 1990 and found in the section
formerly known as "25.4 of Appendix A - Zoning." The regulations of the former section 25.4 are
hereby adopted by reference and may only be used and applied to project applications filed with the
planning division under the P.R.D. regulations prior to September 11, 1990.
(a) Projects previously approved under the P.R.D. regulations may be "converted" to a
planned development (P.D.) project upon receipt of a written request by a P.R.D.
project owner to the community development director. The letter shall state the
reason(s) for the desired conversion. Within twenty (20) working days of receipt of
the letter of request, the community development director shall send a response letter
to the developer, detailing all information and plan revisions needed to bring the
project plans and file information into conformance with P.D. application standards.
Upon receipt of adequate responses to his response letter, the community
development director shall present the request to the board of county commissioners.
The board of county commissioners may approve, approve with conditions or deny
the conversion request. Upon conversion to a P.D. project, all subsequent plan
revisions and modifications shall comply with all applicable standards and
requirements of this chapter.
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Notwithstanding these provisions for conversions of a P.R.D. project to a
P.D. project, any P.R.D. project owner may apply for P.D. project approval
as a new application under sections 915.2220 through 915.272-5 of this
chapter.
Section 915.05. Coordination with other regulations.
All projects shall comply with the adopted comprehensive plan and the regulations specified
in this chapter.
(1) All other land development regulations shall apply; however, in the event of conflict
between this section and other zoning and subdivision regulations in the county, the
provisions of this section shall prevail to the extent of such conflict.
(2) 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.
(3) Pursuant to section 915.15, waivers to various land development regulations may be
approved by the board of county commissioners. In addition, the board may impose
on planned development project approvals such other conditions or restrictions
which the board feels necessary, notwithstanding that such restrictions or conditions
may not be expressly provided for in the county's land development regulations.
Section 915.06. Uses allowed.
(1) Projects within P.D. zoning districts shall comply with the uses allowed in the
underlying comprehensive plan land use designation(s) and as allowed in sections 915.11--915.15
of this chapter.
(2) Planned development projects within any zoning district(s) other than a planned
development zoning district shall comply with the uses allowed in the underlying comprehensive
land use plan designation(s) and the underlying zoning district(s) regulations with the following
modifications.
(A) In the agricultural and single-family residential districts, dwellings may be attached
as provided for in section 915.13.
Special restrictions apply to residential development within agriculturally
designated areas. These restrictions are found in subsection 915.13.
(B) In the agricultural and residential districts, certain restricted commercial uses may be
allowed as provided for in section 915.12.
(C) In the residential districts, certain restricted agricultural uses may be allowed as
provided for in section 915.14.
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Section 915.07. Planned development project area.
The planned development area is the area covered by an approved planned development
conceptual plan.
(1) The project area may be reduced, reconfigured, or expanded by approval of a new or
modified planned development conceptual plan. Said new or modified planned
development conceptual plan shall be approved pursuant to the provisions of this
chapter.
(2) A planned development project area may be reduced or otherwise modified by
division of the original project area into other separate project areas by approval of a
new or modified planned development conceptual plan. Said new or modified
planned development conceptual plan shall be approved pursuant to the provisions of
this chapter.
Section 915.08. Density allowed.
(1) The gross residential density of a P.D. project shall not exceed the maximum density
permitted in the underlying zoning district or, in cases where the P.D. zoning overlay district is
used, the maximum density allowed in the applicable underlying comprehensive plan land use
designation(s). In addition to these densities, additional units may be allowed as provided for in this
chapter for transfer of density from environmentally sensitive lands, TND density bonus, and
affordable housing bonus density provisions- = 14however, except for TND proiects, no density
transfer or density bonus can may be applied to any residential development of a site or portion of a
site designated as agricultural on the comprehensive land use map.
(2) Transfer of density from environmentally sensitive lands to uplands portions of P.D.
project areas is allowed via an approved P.D. conceptual plan, in compliance with the
comprehensive plan and the provisions of Chapter 928.
(A) The maximum density permitted on the upland project area receiving the density
transfer shall not increase by more than:
1. Twenty (20) percent of the maximum density allowed by the receiving site's
underlying comprehensive plan land use designation(s) where the receiving
site is not adjacent to the area from which density is transferred;
2. Fifty (50) percent of the maximum density allowed by the receiving site's
underlying comprehensive plan land use designation where the receiving site
is adjacent to the area from which density is transferred.
(B) In project areas where density transfers are used, no construction of dwelling units
may commence until deed restrictions and/or easements have been approved and
recorded which ensure protection and preservation of the area from which the
density has been transferred. Said restrictions and/or easements shall effectively
restrict development within the environmentally sensitive area(s) pursuant to
provisions of Chapter 928, and shall be in a form approved by the county attorney's
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office for legal form and sufficiency. The substance of such easements and
restrictions shall substantially conform to the conservation easement language set
forth in the Florida Statutes.
(3) A density bonus for providing affordable housing may be granted upon approval of a
planned development that meets the criteria specified herein. The amount of the density bonus
allowed shall be as specified in Chapter 911, Zoning, for the planned development district.
(4) Maximum dwelling unit computation. Except for TND and mixed use projects,
Tthe maximum number of dwelling units allowable within a planned development project shall be
computed as follows:
(A) Gross area of the planned development project in acres ...... acres
(B) Minus areas designated on the planned development conceptual plan for non-
residential uses(s), not including accessory commercial as provided in section
915.12...- acres
(C) Minus the total area of environmentally sensitive lands within the project area from
which density is to be transferred ...... acres
(D) Equals the effective base residential area ..... = acres
(E) Sum the total maximum number of dwelling units allowed within the effective base
residential area as follows:
(1) Define the area of all zoning districts within the effective base residential
area.
(2) Multiply the area of each zoning district by the maximum density allowed
within that district.
(3) Add together each maximum dwelling unit result for each zoning district ....
= dwelling units
(F) Plus the maximum number of dwelling units transferrable from environmentally
sensitive areas* ..... + dwelling units
(G) Plus the maximum number of dwelling units credited for affordable housing
provisions* ..... + dwelling units
(H) Equals the maximum number of residential dwelling units allowed . . . . . _
dwelling units
*Note: No density transfer and no density bonus can be applied to any residential
development of a site or portion of a site designated as agriculture on the
comprehensive land use map.
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(5) Where a planned development project area has more than one underlying zoning
district, or in cases where the planned development zoning overlay district is used and there is more
than one underlying comprehensive plan land use designation, density may be distributed
throughout a project area as approved in the planned development conceptual plan. Density shall be
distributed and integrated into the overall project design in a manner compatible with existing,
permitted and planned adjacent properties. However, in no case shall environmentally sensitive
areas be developed at any density greater than allowed under the appropriate comprehensive plan
land use designation.
Section 915.09. Unified control.
The planned development project area shall at all times be under the ownership or control of
an individual, a legal entity, or a legally established association or organization (which may include
related sub -associations and entities), or a group of associations or organizations bound by
reciprocal rights or obligations that ensure compliance with the approved planned
development plan. The legal entity or entities shall be responsible for the ownership and
maintenance of all required improvements and common facilities, infrastructure, amenities,
elements, and areas.
(1) No final planned development plan shall be approved unless the applicant has
documented, to the satisfaction of the county attorney's office, that unified control as
described in this section is ensured.
(2) All legal entities established to have unified control of the project shall be legally
established in a manner that ensures that the entity (or entities) has adequate powers
and ability to maintain all required improvements and common facilities,
infrastructure, amenities, elements and areas. All documents legally establishing said
associationisl shall be reviewed and approved by the county attorney's office prior to
any approval of a final planned development plan.
Section 915.10. Phasing.
Planned development projects may be phased. Phasing shall be shown on all P.D.
conceptual plans and may be (P.D.) modified as allowed in section 915.2826, "Modifications to
Planned Development Plans."
(1) Phasing shall be arranged and designed in such a manner that at any point in a
project's development the initial phase or any successive groups of phases shall be
able to "stand alone", meeting all applicable standards set forth and referenced in this
chapter, including density.
(2) The initial phase and any successive phases shall be able to "stand alone" and
function adequately in regards to required improvements, infrastructure, facilities,
and all project conditions so as to be independent from any future phase or phases
and improvements or areas contained therein.
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Section 915.11. Industrial use standards.
(1) Location. Industrial uses may be established within a P.D. project area, in a manner
consistent with the applicable compatibility standards of section 915.11(3) and 915.16, where the
underlying comprehensive plan land use designation allows such uses.
(2) Uses allowed.
(A) All uses allowed in the IL, Light Industrial and IG, General Industrial districts may
be allowed where industrial uses are allowed to be located in accordance with section
915.11(1).
1. All uses having specific land use criteria for the IL and IG districts as found
in Chapter 971, Specific Land Use Criteria, shall comply with the applicable
criteria and standards of Chapter 971.
(3) Compatibility.
(A) Compatibility between uses within the P.D. project area shall be addressed by
individual project design through the use of location, buffering, transition,
integration of uses, or other means, as approved by the county.
(B) Compatibility with properties adjacent to the P.D. project area shall be ensured by
compliance with the applicable standards of section 915.16.
(4) Site development standards. The applicable site development standards of Chapter
913, Subdivisions and Plats, and Chapter 914, Site Plan, shall apply.
Section 915.12. Commercial use standards.
(1) Location. Commercial uses may be established within a P.D. project area in a
manner consistent with the applicable compatibility standards of section 915.12(2)(b), 915.12(3),
and 915.16, where:
(A) The underlying comprehensive plan land use designation or existing or proposed
zoning district (other than P.D.) allows such uses, or where;
(B) Accessory commercial uses are allowed as provided for in this section 915.12(2)(b),
of this ordinance.
(2) Uses allowed. The following uses may be allowed as specified herein.
(A) All uses allowed within the CN, Neighborhood Commercial, CL, Limited
Commercial, and CG, General Commercial districts may be allowed where
commercial uses can be located in accordance with section 915.12(1)(a). All uses
having specific land use criteria for the CN, CL, or CG districts as found in Chapter
971 shall comply with the applicable Chapter 971 criteria standards.
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(B) Accessory commercial uses may be allowed within any P.D. project area where
accessory to residential development. Except for TND and mixed use projects,
Tthe following restrictions and provisions shall apply to P.D. accessory commercial
uses.
1. Only uses allowed in the CN, Neighborhood Commercials district are allowed
within a residential development area of a P.D. project.
2. All P.D. accessory commercial areas shall contain a minimum of thirty (30)
percent open space.
3. The total land area of any P.D. accessory commercial area shall not exceed
three (3) percent of the total P.D. project residential development area.
4. P.D. accessory commercial buildings, displays, and signs shall be either
located a minimum of two hundred (200) feet from any perimeter property
boundary, or located and designed such that they shall not be visible from
any public road right-of-way or residentially designated area adjacent to the
P.D. project area. No P.D. accessory commercial area may be located within
one hundred (100) feet of an adjacent property (outside of the project) having
a residential land use designation.
5. No P.D. accessory commercial use shall be allowed within a project which is
to contain less than one hundred (100) residential dwelling units.
6. Buildings containing P.D. accessory commercial uses are restricted in size by
the number of dwelling units proposed within the residential portion of a P.D.
project. Buildings may be approved up to a maximum size of twenty (20)
square feet of gross floor area per dwelling unit within the residential
development area of the project. For example, a four hundred -unit project
would be allowed four hundred (400) by twenty (20) or eight thousand
(8,000) square feet of commercial floor area.
7. The amount of P.D. accessory commercial building area receiving a
certificate of occupancy (C.O.) is limited by the number of dwelling units
having a C.O. At no time shall a C.O. be issued for a building or building
portion containing a P.D. accessory commercial use unless the total number
of C.O.'d residential dwelling units within the P.D. project multiplied by
twenty (20) square feet equals or exceeds the total gross floor area of the
entire accessory commercial building(s) already C.O.'d and requested to be
C.O.'d. For example, if at a point in time, a project has one hundred (100)
C.O.'d dwelling units, then one hundred (100) by twenty (20) (sq. ft.) or two
thousand (2,000) square feet of total accessory commercial building area may
C.O.'d at that point in time.
8. All other regulations and standards for commercial development including
but not limited to parking, loading, landscaping, and lighting shall apply.
Reductions in the normal parking requirements found in Chapter 954 based
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upon pedestrian access and proximity to customers served may be approved
by the board of county commissioners after receiving a recommendation
from the technical review committee. The technical review committee
recommendation shall be based upon a review of a parking study submitted
by the applicant providing information and analysis required by the county
traffic engineer.
(C) Commercial uses allowed in the A-1 district may be permitted in agriculturally
designated areas. All commercial uses having specific land use criteria for the A-1
district as found in Chapter 971 shall comply with the applicable Chapter 971 criteria
and standards.
(3) Compatibility.
(A) Compatibility between uses within the P.D. project areas shall be addressed by
individual project design, through the use of location, buffering, transition,
integration of uses, or other means, as approved by the county.
(B) Compatibility with properties adjacent to the P.D. project area shall be ensured by
compliance with the applicable standards of section 915.16.
(4) Site development standards. The applicable site development standards of Chapter
913 and Chapter 914 shall apply.
Section 915.13. Residential use standards.
(1) Location and restrictions. Residential uses may be established within a P.D. project
area, in a manner consistent with the applicable compatibility standards of this section (915.13) and
section 915.16, where the underlying comprehensive plan land use designation allows such uses and
where such uses are approved as accessory to an allowable use.
(A) PDs on Agriculturally Designated Land
Residential development may be allowed in areas designated as agriculturealAG
on the comprehensive plan land use map, subject to the following restrictions.
Except for TND projects that include AG designated land, thee
density of the project shall not exceed the maximum density of the
underlying AG land use designation; no density transfers from off-site lands
and no density bonuses shall be permitted within PD projects in AG
designated lands, except for TND projects;_
2. For non -TND projects, at least 80% of the proiect's overall area shall be
open space.
3 For TND proiects, at least 60% open space shall be provided for AG
designated land within the TND project area.
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4. Except for TND proiects, bots created through the PD process shall not be
less than one (1) acre in size, with the remainder of the area designated as
open space.
53. Such open space areas shall be provided in contiguous areas established
through an open space, recreation, conservation and/or agricultural
preservation easement(s) or similar instrument acceptable to the county
attorney. Open space areas shall be placed under the control of an appropriate
entity and maintained in perpetuity. Through deed restrictions or a similar
instrument acceptable to the county attorney, infill development of open
space areas that increases overall project residential density shall be
prohibited. The deed restrictions or similar instrument shall be structured to
give the county the right to enforce the prohibition of residential density
increase.
64. Applicants shall identify Best Management Practices (BMPs) for stormwater
management systems and uses/facilities within the project for which
generally recognized BMPs have been established (e.g. agricultural uses, golf
courses). BMPs shall address construction, maintenance, and operation.
Applicants shall also identify the agency or organization that will certify the
project design and operations as meeting BMPs, and shall identify the
certification process. Project construction, maintenance, and operations shall
comply with the BMPs identified in the approved plan, and the county may
attach PD approval conditions that ensure compliance with BMPs. Required
project BMPs may be updated and modified by modifying the approved PD
plan in accordance with regulations that govern PD modifications.
7-5. All recreational amenities within the project shall be depicted on the PD plan
and identified as required improvements. Recreational uses, such as vehicle
or watercraft racing, that could constitute a nuisance to adjacent properties,
shall not be permitted.
(2) Uses allowed. All residential uses allowed within chapter 911, Zoning, except
mobile homes, may be allowed where residential uses are allowed to be located in accordance with
section 915.13(1). In addition, the following residential uses are allowed as specified:
(A) Watchman's quarters and worker housing may be allowed as accessory uses to an
industrial use or facility, including agriculturally related industrial activities. The
RM -8 zoning district criteria, including the density allowed within the industrial use
area, shall apply to such accessory residential uses. Total industrial and accessory
residential development is limited by the minimum project open space requirements,
as found in section 915.18 of this chapter.
(B) Residential uses may be allowed within all commercial use areas. The RM -8 zoning
district criteria, including the density allowed within the commercial uses area, shall
apply to residential development. Where residential development occurs within a
commercial use area, the minimum project open space shall be thirty (30) percent.
Total commercial and residential development is limited by the RM -8 maximum
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density, the minimum thirty (30) percent open space requirement (stated above), and
the applicable maximum building coverage requirement.
(3) Compatibility.
(A) Compatibility between uses within the P.D. project areas shall be addressed by
individual project design, through the use of location, buffering, transition,
integration of uses, or other means, as approved by the county.
(B) Compatibility with properties adjacent to the P.D. project area shall be ensured by
compliance with the applicable standards of section 915.16.
(4) Site development standards. The applicable site development standards of Chapter
913 and Chapter 914 shall apply.
(5) Design jeuidelines required. Applicants shall submit design guidelines for all new
planned developments containing residential units. The purpose of the guidelines is to avoid
visual monotony and a bland, "cookie -cutter" appearance of the developed project.
Guidelines shall be project -specific and shall require approval by the Planning and Zoning
Commission (PZC) prior to vertical construction of residential units. The Community
Development Director or his designee is authorized to approve changes to project -specific
design guidelines approved by the PZC. Each of the following design guideline items shall be
considered by the applicant, and at least two shall be proposed by the applicant, for
incorporation into project guidelines:
a. Garage placement and scab
b. Residence (building) placement;
C. Variation and frequency of model types;
d. Building materials (facade and roof);
e Building massing and architectural details that provide building
articulation;
E Roof design, pitch, material, and type (e.g. gable, hip);
g. Window architectural treatment/variation;
h Project appearance from adjacent public streets and properties,
including landscaping and buffers;
i. Internal streetscape;
i Alternative design element that reduces visual monotony
Proiect design guidelines shall provide for design review, approval, and enforcement
mechanisms.
Section 915.14. Agricultural use standards.
(1) Location. Agricultural uses may be established within a P.D. project area where:
(A) The underlying comprehensive plan land use designation allows such uses; or where
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(B) The agricultural uses allowed in the RS -1 zoning district in Chapter 911 are
established in a residential development area in a manner consistent with the
applicable compatibility standards of sections 915.14(3) and 915.16, and any criteria
and standards of Chapter 971, Specific Land Use Criteria, applicable to the use.
(2) Uses allowed.
(A) All agricultural uses permitted within the A-1, Agricultural zoning district may be
located in accordance with section 915.14(1)(A).
(B) Within a residential development area, all agricultural uses allowed within the RS -1
zoning district of Chapter 911 may be allowed within residential use areas.
1. All uses having specific land use criteria for residential districts as found in
Chapter 971 shall comply with the applicable Chapter 971 criteria and
standards.
(3) Compatibility.
(A) Compatibility between uses within the P.D. project areas shall be addressed by
individual project design, through the use of location, buffering, transition,
integration of uses, or other means, as approved by the county.
(B) Compatibility with properties adjacent to the P.D. project area shall be ensured by
compliance with the applicable standards of section 915.16.
(4) Site development standards. The applicable site development standards of Chapter
913, Subdivisions and Plats, and Chapter 914, Site Plan, shall apply.
Section 915.15. Planned development allowable waivers and development parameters.
Waivers from the various conventional standards and criteria found in the Chapter 911,
Zoning, may be granted by the board of county commissioners via the establishment of special
project development parameters, as provided for herein.
(1) Conceptual P.D. plans shall list, for all areas and phases within the P.D. project area,
the proposed waivers and development parameters for the following:
a. Minimum lot size (in square feet);
b. Minimum lot width (in feet);
C. Minimum lot frontage (in feet);
d. Minimum yard setbacks for buildings: front, rear, and side;
e. Minimum yard setbacks for accessory structures (such as pools, patios, and
decks); front, rear, and side;
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f. Maximum lot coverage; building(s) and impervious surface area;
g. Minimum separation distances between buildings;
h. Minimum right-of-way widths (by road type);
i. Minimum open space per lot and by phase [Note: The minimum open space
for the entire project shall meet or exceed the requirements of section
915.18.]
j. Minimum preservation/conservation area per lot.
Note: more conceptual plan submittal requirements are listed -out in section 915.242-2
(2) Notwithstanding other provisions in this chapter (915) and Chapter 971, specific land
use criteria listed in Chapter 971 may be waived (modified or not applied) where
such criteria would merely apply to the compatibility of uses within the P.D. project
area if approved by the county. Where specific land use criteria apply to the
relationship of a use(s) within a P.D. project and properties adjacent to the project
area, the specific land use criteria shall apply pursuant to the provisions of chapter
971.
(3) The conventional standards and criteria found in Chapter 911, Zoning, not covered in
section 915.15(1) shall apply unless otherwise specifically waived or modified by
other provisions of this chapter.
Section 915.16. Compatibility standards.
Compatibility with areas adjacent to P.D. project areas shall be ensured by project
compliance with the following requirements.
(1) A twenty -five-foot setback from buildings, driveways, roadways, and parking areas
to perimeter P.D. project area property lines shall be established and shown on all
P4)-. plans for residential PD projects, with the exception of TND and mixed use
rp oiects.
(A) The twenty -five-foot setback shall not be required along a P.D. project
perimeter where there is a an existing or planned commercial or industrial
use , mixed use, or TND project on the an adjacent property or where the
P.D. project perimeter is adjacent to property having a commercial or
industrial land use plan designation. In such cases, normal setback, buffer,
and landscape standards shall apply.
In addition, the twenty -five-foot setback shall not be required along the
boundaries of a the P_D_/PRDwhie where those boundaries are contiguous
to lands which are part of the same project. For these purposes, contiguous
lands shall be considered part of the same project if the contiguous lands and
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the land comprising the PD/PRD are
* ae „mer* to under unified control, Sueh as eentfel-4y4he
same is asseeiation as provided in section 915.09.
nano:; Yard encroachments provided in section 911.15 that do
not conflict with project buffer requirements may be applied within
residential P.D. projects.
(C) Where a P.D. residential project abuts another residential project that requires
a perimeter buffer, the required buffer areas may be allowed to "overlap"
with a single buffer meeting both requirements, if approved by the board of
county commissioners.
(2) Buffers (A, B, or C) or transition areas (TA) shall be provided in accordance with
the following compatibility matrix. These buffer and transition area requirements do not
supersede or replace buffer and transition area requirements of other code sections, but may
be credited toward meeting buffer and transition area requirements of other code sections.
Proposed
Adjacent
Prope
Comprehensive
Plan
Land
Use Designation
P.D.
C-1, C-
C-2
AG -1,
R, T
L-1
L-2
M-1
M-2
REC
P
Comm/I
Project Use
-2, C-3,
AG -2,
nd, RC
Along
REC
AG -3,
Project
BCID
Boundary:
Agricultura
1
None
None
None
B
B
B
B
B
None
None
None
Residential
B
N
B
B
B/TA
B/TA
None
Non
N C
B
e
Commercia
1
B
B
B
B
B
B
B
B
B
B
None
Industrial
B B -D-C B A A B B B B None
LEGEND:
A = Type A buffer as described in Chapter 926, Landscaping. B = Type B buffer as
described in Chapter 926, Landscaping. C = Type C buffer as described in Chapter 926,
Landscaping. N = No buffer: Twenty -five-foot required setback per section 915.16(1). TA =
Transition area option available: Twenty -five-foot required setback plus a perimeter
transition area having a depth of at least one hundred fifty (150) developed at the same
density/intensity as adjacent development
(3) , Where a local or
collector road right-of-way is located between the P.D. project use and an adjacent
use, the buffer requirements of section 915.16(2) may be reduced as follows:
"A" requirement reduced to "B"
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(4)915.16(2 of seetion , Where an arterial road
right-of-way is located between the P.D. project use and an adjacent use, the buffer
requirements of section 915.16(2) may be reduced to "C" or normal Chapter 926
landscape requirements, whichever requirements are greater.
(5) No portion of a P.D. project area shall be modified or sold -off in a manner that
would conflict with the compatibility requirements of this section (915.16).
Section 915.17. Project integration into public systems.
The land use(s) and natural and built environment of P.D. projects shall be properly
integrated into the public systems that exist and are planned for the area of the county within which
the project is located.
(1) Water and sewer service provisions shall comply with all county water and sewer
regulations and comprehensive plan policies. Fire hydrants and fire flow shall be
provided as required in section 913.09 of the subdivision and plats ordinance, where
such access is necessary for the proper future development of the adjoining area(s).
(2) Electrical service shall be provided as required and provided for in section 913.09 of
the subdivision and plats ordinance.
(3) Roads and provision for roads shall comply with and implement the county
thoroughfare plan map and subdivision collector map.
(A) Roads required for existing or future use of the public shall be dedicated to
the public and shall be built to applicable county standards.
(B) Relation to existing or planned streets.
Adjoining areas. The pattern of streets in P.D. projects shall provide
for the continuation of existing streets from adjoining areas, or for
their proper projection where adjoining land is not developed.
2. Adjacent areas. Where street extensions into adjacent undeveloped
land are necessary to ensure a coordinated street system, or to provide
adequate access and circulation for future development, provisions for
such future streets shall be made.
3. Extensions to existing roadways. Extensions of existing public roads
may be required to provide adequate access and circulation, and/or to
mitigate against the negative impacts of development having lengthy
dead -ended streets or closed street systems.
4. Abutting arterials. P.D. projects abutting arterials shall provide for
marginal access as required in Chapter 952.
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5. The paved road requirements of Chapter 952 shall apply to P.D.
projects.
6. Pedestrian systems shall be provided within P.D. projects to serve all
land uses in a manner consistent with the requirements and provisions
of sections 913.09(4) and 913.09(5), and the county comprehensive
bikeway and sidewalk plan. Pedestrian access from the P.D. project to
adjacent recreation areas or schools shall be provided.
7. The board of county commissioners, based upon a recommendation
by the technical review committee and the supervisor of elections,
may require that the P.D. project provide a facility or use of a facility
for election polling.
8. All streets shall be either dedicated to the public or dedicated to and
maintained by a private property owner's association. If a street
proposed for dedication to the county in a new P.D. project will be a
continuation of an existing dedicated and accepted street, the entire
street right-of-way for the proposed street shall be dedicated to the
public and platted with the P.D. project. Roads deemed necessary to
provide access to adjacent properties shall be dedicated to the public
unless adequate legal provisions can be made to guarantee access to
and use of the street system by area property owners.
Section 915.18. Open space standards.
(1) The minimum amount of open space required within a planned development project
shall be as specified within the underlying zoning district(s) (other than P.D.) for special exception
uses, or, in cases where the planned development zoning overlay district is used, as specified in the
appropriate underlying comprehensive plan land use designations as follows:
C-1 .....N/A
C-2 ..... 50%
AG -1, AG -2, AG -3 ..... 80% (60% for TND proiect area within AG -1, AG -2, AG -3)
R.....50%
L-1 .....40%
L-2 ..... 40%
M-1 .....40%
M-2 ..... 30%
REC ..... N/A
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P ..... N/A
Comm/Ind ..... 15%*
NOTE: N/A = not applicable
These listed minimums shall not preclude the board of county commissioners from establishing
higher minimum open space standards within P.D. zoning districts.
*In areas where commercial or industrial uses are mixed, with residential uses, the minimum project
area open space shall be thirty (30) percent.
(2) Where a planned development project area has more than one underlying zoning
district or, in cases where the planned development zoning overlay district is used and there is more
than one underlying comprehensive plan land use designation, open space may be distributed
throughout a project area as approved in the conceptual planned development plan. Open space
shall be distributed and integrated into the overall project design in a manner compatible with
existing, permitted, and planned future development on adjacent properties.
(3) In calculating open space areas, the following shall qualify as open space, subject to
the limitations provided herein. All areas credited as meeting the minimum open space requirement
shall be preserved and maintained as designated on the approved plan. Legal restrictions and/or
easements shall be established, in a manner acceptable to the county attorney's office, to ensure the
preservation and maintenance of the open space areas. For TND and New Town projects, policy
requirements that differ from the P.D. open space regulations below shall govern to the extent
of the difference.
(A) For residential development on a site or portion of a site designated as agriculture on
the comprehensive plan land use map, all creditable open space area(s) shall be
either retained in its natural state, used for agricultural uses, or used for recreation
proposed. No more than thirty (30) percent of the creditable open space shall be used
for recreational purposes in the AG -1 areas, twenty-five (25) percent for the AG -2
and AG -3 areas.
(B) Common green areas and private yard green areas; one hundred (100) percent of the
common area shall be creditable towards open space.
(C) Golf courses and similar major recreational areas/facilities. It is the intent of this
section to encourage the accessibility of all open space areas to individual dwelling
units within planned residential developments. The following standards shall be used
in calculating creditable open space areas for these areas/facilities:
1. If more than sixty (60) percent of the total residential dwelling units within
the planned development abut or are adjacent to and have direct visual access
to the golf course (including rough areas) or major recreational
area/facility,one hundred (100) percent of the area contained therein shall be
creditable towards open space;
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2. If between thirty (30) percent and sixty (60) percent of the total residential
dwelling units within the planned development are adjacent to and have
direct visual access to the golf course (including rough areas) or major
recreational facility, seventy-five (75) percent of the area contained therein
shall be creditable towards open space; and
3. If less than thirty (30) percent of the total residential dwelling units within the
planned development are adjacent to and have direct visual access to the golf
course (including rough areas) or major recreational facility, fifty (50)
percent of the area contained therein shall be creditable towards open space.
(D) The total area of natural plus fnamnade man-made water bodies (at mean high water
or high design level, whichever is appropriate) shall not be creditable for more than
thirty (30) percent of the total required open space for the development.
(E) Multi -use recreation center. One hundred (100) percent of the area occupied by a
multiple -use recreation building and its accessory or attendant outdoor recreation
facilities, not already specifically addressed in this section, may be creditable
towards open space, provided that impervious areas shall not be credited for more
than thirty (30) percent of the total required open space for the development.
(F) Environmentally sensitive areas. One hundred (100) percent of environmentally
sensitive lands from which density has been transferred shall be creditable as open
space, provided that environmentally sensitive areas shall not be credited for more
than thirty (30) percent of the total required open space for the development.
(G) Impervious private exterior open areas. One hundred (100) percent of 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 creditable toward the open space requirement, provided the total area
credited therein does not exceed ten (10) percent of the total required open space of
the development. Creditable areas shall not include screen or glass enclosed areas.
(H) One hundred (100) percent of the area contained in a continuous pedestrian
circulation system, consisting of permanently maintained walks and trails may be
creditable as open space.
(I) The following areas are specifically excluded from calculation as open space areas:
Public and private street rights-of-way, [exception: continuous pedestrian
systems contained within private rights-of-way may be credited as open
space];
2. Parking areas; and
3. Nonresidential and non -recreational buildings and structures.
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Section 915.19. Recreation standards.
To accommodate the needs of future project residents, P.D. projects containing more than
sixty (60) dwelling units shall provide recreational areas and facilities that meet the county's urban
district park standard of five (5) acres per one thousand (1,000) population, adopted in the
comprehensive plan.
(1) Minimum recreational area facilities 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 P.D. projects containing more than
sixty (60) dwelling units shall provide a minimum of 522.72 square feet of
recreational area per dwelling unit.
(2) Both passive and active recreational areas/facilities shall be creditable towards
meeting the minimum recreational area/facilities requirements. Credit may only be
given for areas that are accessible to and useable by all project residents. All areas
credited as meeting the minimum recreation space requirement shall be preserved
and maintained as recreation space. Legal restrictions and/or easements shall be
established in a manner acceptable to the County Attorney's Office, to ensure the
useability and maintenance of the recreational areas/facilities.
(A) Active recreational areas/facilities shall include, but shall not be limited to,
playgrounds, athletic fields, golf courses, various types of courts, swimming
pools, exercise trails, and multi -use recreational buildings.
(B) Passive recreational areas/facilities shall include, but shall not be limited to,
picnic areas, beaches, boardwalks and dune crossovers, benches, and
gazebos.
Section 915.20. Mixed use standards.
Mixed use P.D.s may be located within residentially designated areas, subject to the criteria
below.
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 40 acres. Mixed use proiects exceeding 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.
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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
20% of a project's land area in L-1 and L-2 designated areas and no more than
25% of a proiect's land area in M-1 and M-2 designated areas, except as
modified below in section 5, where uses are vertically mixed
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 25% of the project's land
area in L-1 and L-2 designated areas and up to 30% of the project'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 adiacent 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 and 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/1 -designated property or a road designated in the comprehensive plan
as a collector or arterial roadway. Where commercial uses are situated adiacent
to residential uses located outside the project, buffering and compatibility
improvements shall be provided in accordance with Section 915.16(2). In
addition, the design of nonresidential buildings adiacent to residential uses
located outside the project shall comply with the requirements of paragraph 16
below.
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(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 transit stop within
the project.
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 25,000
so. ft. in commercial floor area. Lodging uses are exempt from this limitation.
16) Where a nonresidential building in a _mixed use P.D. is situated adiacent to
residential buildings located outside the proiect, 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 adiacent to similar
residential uses located outside the proiect.
Street Network
(17) Each mixed use P.D. shall offer alternative routes and connections between
destinations within the proiect, 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 proiect 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 proiect 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 commercial building area shall be
permitted until at least 25% of the proposed residential development (units or
lots) has been permitted, and no certificate of occupancy shall be issued for
commercial building area unless at least 25% of the total residential
development has received a certificate of occupancy or certificate of completion.
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Commercial building area construction shall not be 100% built and issued
certificates of occupancy until at least 50% of the residential development has
received a certificate of occupancy or certificate of completion
Section 915.21. Traditional Neighborhood Design standards
Traditional Neighborhood Design (TND) developments over 40 acres shall be approved as
planned developments. To qualify as a TND development, projects must meet the following
criteria:
Development Parameters
(1) The minimum contiguous project site area shall be 40 acres
(2) Land shall be under unified control, and it shall be planned and developed as a
whole in a single development or as an approved series of developments or
neighborhoods. The project shall be approved under the Planned Development
(P.D.) rezoning process.
Street Network
3) In order to disperse traffic by offering many alternative routes and connections
between destinations within the proiect and to appropriate uses on adjacent
sites, the street network shall consist of a and or modified grid pattern and shall
accommodate vehicular and pedestrian connections to adjacent streets,
sidewalks, and to appropriate uses on adjacent sites.
(4) No more than 10% of blocks shall have a block with a perimeter measuring
1,800 feet or more. Within commercial and mixed use areas, no block face
dimension shall exceed 400 feet. Blocks may be defined (divided) by streets or
maior pedestrian paths.
(5) The proiect shall contain a network of interconnected streets, sidewalks, and
Pathways.
(6) 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.
(7) Street trees shall be provided so as to shade sidewalk areas and buffer sidewalk
areas from automobile traffic.
(8) Streets and adiacent buildings shall be sited and designed to encourage
interactions between the street and buildings through the use of amenities such
as reduced building setbacks, "build -to" lines, front porches, stoops, rear and
side -yard parking lot and garage locations, and other means.
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(9) Projects shall decrease the prominence of front yard driveways, garages, and
Parking lots through one or more of the following: mid -block alleys, garages
located toward the rear of lots, rear and side loaded garages, garages which are
not the predominant architectural feature of the front elevation of buildings,
off-street parking at the rear of buildings, and restricted driveway connections
to streets.
Mixing of Uses
(10) The proiect shall be designed as a compact or clustered development. Projects
may include the following mix of uses occurring together in close proximity:
• sinLyle-familv residential units
• accessory dwelling units,
• multiple -family residential units,
• commercial and work place uses,
• civic and cultural uses,
• open space.
(11) The following ratios shall apply to land uses within the protect:
(a) Community open spaces open to the public, such as squares, plazas, or
Parks, shall comprise a minimum of 5% of the total project area.
(b) Civic uses, such as post offices, churches, community centers, pavilions,
meeting halls, schools, day care centers, and cultural facilities shall comprise a
minimum of 1% of the total protect area.
(c) Residential uses shall comprise a minimum of 50% and a maximum of
80% of the total non -conservation and non-agricultural protect area.
(d) Commercial and office uses located on residentially or agriculturally
designated land shall not exceed 10% of the total land area designated on the
land use plan as residential and agricultural.
(12) The vertical mixing of uses is allowed, and strongly encouraged, around
designated town centers, main streets, mixed-use centers, and central squares
and greens.
Centers (Locus of Community Activity)
13) Each proiect must have at least one center consisting of a public square, town
center, or mixed use area. A proiect may have more than one center. In
addition, a center may be located on an adiacent site (outside the TND proiect)
if the TND proiect is integrated into the adjacent center and rights are secured
for access to the center by TND proiect residents. The TND proiect shall be
designed so that a center is within a t/4 mile walking distance from 50% of the
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TND proiect's residential units and within YZ mile walking distance from 75%
of the TND project's residential units.
(14) To accommodate increased pedestrian use, 50% of sidewalks in public squares,
town centers, or mixed use areas shall have a minimum unobstructed width
(clear and passable for pedestrians) of at least seven feet.
(15) On -street parking shall be allowed within public squares, town centers, or
mixed use areas.
(16) Off-street parking lots within public squares, town centers, or mixed use areas
shall be provided only at the rear of buildings.
(17) The center shall accommodate space for at least one transit stop and a civic
building.
Edges (Perimeter of the Community)
(18) Proiect edges located outside the Urban Service Area shall be established and
designed for environmental, agricultural, recreational, or other open space uses.
Public Buildings
19) Public buildings, such as schools, churches, post offices, and communitv centers
shall be provided in prominent, accessible locations within the proiect. Such
locations generally are at the termination of streets, the perimeter of the
neighborhood center, or the frontage alone a designated main street of a
neighborhood or adiacent thoroughfare plan road.
Project Density
20) TND projects located entirely within the urban service area shall receive a 10%
density bonus above and beyond the maximum density provided under the
project site's land use designation. TND projects may be approved as receiving
sites for density transferred from agriculturally designated lands subject to the
conditions and limitations in Future Land Use Element Policy 6.8.
21) For TND vroiects located east of I-95, a portion of the proiect may be located
partially outside but adjacent to the Urban Service Area. A minimum of 60% of
the total proiect density shall be derived from the portion of the proiect located
within the Urban Service Area. Density shall be calculated and allowed based
upon:
the land use designation underlying the portion of the proiect
within the Urban Service Area; and
1 unit/acre for project property located outside the Urban Service
Area.
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Section 915.2238. Review and approval process requirements.
The following review and approval process, in the order outlined, shall apply to all planned
development projects:
(1) Formal pre -application conference. A formal pre -application conference with county
staff is required prior to submission of a formal planned development zoning district
or special exception approval application. Procedural requirements are the same as
those provided for required site plan and subdivision formal pre -application
conferences pursuant to Chapter 913 and Chapter 914. Planned development formal
pre -application conference submittal requirements are found in section 915.234 of
this chapter.
(2) Planned development conceptual plan. A complete planned development conceptual
plan application in accordance with the requirements of section 915.24 of this
chapter shall be submitted by the applicant, and reviewed and considered by all
appropriate staff prior to consideration by the planning and zoning commission and
board of county commissioners. This requirement shall apply to both a planned
development special exception approval request and a planned development zoning
district rezoning request.
(A) Planned development special exception approval requests shall be reviewed
and approved pursuant to the special exception review and procedures
regulations contained in Chapter 911, Zoning. The planned development
conceptual plan, which shall accompany the special exception application,
shall be reviewed by staff in the same manner as a site plan, pursuant to the
provisions of chapter 914, Site Plan.
(B) Planned development zoning requests shall be reviewed and approved
pursuant to the zoning amendment review and procedures regulations
contained in Chapter 911, Zoning. The planned development conceptual plan,
which shall accompany any planned development zoning district rezoning
application, shall be reviewed as part of the zoning request and shall set the
parameters for development within the P.D. district requested.
(C) Pursuant to section 915.15, waivers to various land development regulations
may be approved by the board of county commissioners. In addition, the
board may impose on planned development project approvals such other
conditions or restrictions which the board feels necessary, notwithstanding
that such restrictions or conditions may not be expressly provided for in the
county's land development regulations.
(3) Preliminary planned development plan. A preliminary planned development plan
application may be submitted concurrently with a conceptual planned development
plan or any time thereafter; however, the preliminary planned development plan shall
be subject to approval of the planned development conceptual plan and all conditions
attached thereto. The preliminary planned development plan shall conform to the
approved planned development conceptual plan. A land development permit may be
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issued only for those areas of the planned development which have received
preliminary planned development plan approval.
(A) The preliminary planned development plan shall consist of a site plan and
preliminary plat, and shall be reviewed and approved pursuant to the
requirements and procedures of Chapter 913 and Chapter 914 as a concurrent
site plan/preliminary plat application.
(B) Preliminary planned development plans may represent all of a planned
development project area, or a phase or phases pursuant to the provisions of
section 915.09 of this chapter.
(C) No preliminary planned development plan shall be deemed to be approved
until such time as the planned development project's conceptual plan is
approved.
(D) Submittal requirements for preliminary planned development plan
applications are found in section 915.25 of this chapter.
(4) Land development permit. No construction may occur on a planned development
project site until a land development permit has been issued. No land development
permit application shall be submitted prior to board approval of the project
conceptual planned development plan and TRC review and approval of the
preliminary planned development plan covering the area for which the land
development permit is sought.
(A) The land development permit shall be reviewed and approved pursuant to the
land development permit requirements and procedures of Chapter 913,
Subdivisions and Plats.
(B) The land development permit shall conform to the approved planned
development conceptual and preliminary plans and all conditions attached
thereto.
(5) Building permit. No building permit(s) shall be issued prior to issuance of a land
development permit covering the area for which the building permit is sought.
(A) The building permit application shall be reviewed and approved pursuant to
standard county building permit review and approval procedures.
(B) The approved building permit shall conform to the approved planned
development conceptual and preliminary plans and all conditions attached
thereto.
(6) Final planned development plan. No final planned development plan shall be
approved prior to issuance of a land development permit covering the area for which
the final planned development plan approval is sought.
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(A) The final planned development plan shall consist of a final plat and a copy of
the approved site plan(s) covering the area being platted.
(B) The final planned development plan shall be reviewed and approved pursuant
to the final plat review and approval procedures contained in Chapter 913,
Subdivisions and Platting.
(7) Certificate of occupancy. No certificate of occupancy shall be issued prior to
approval of a final planned development plan covering the area for which the
certificate of occupancy is sought.
(1) The review, inspection, and approval procedures for a certificate of
occupancy request shall be in accordance with the applicable procedures
contained in Chapter 913 and Chapter 914 and standard county certificate of
occupancy procedures.
Section 915.2324. Formal pre -application conference submittal requirements.
To initiate the scheduling of a formal pre -application conference by staff, the applicant shall
submit a completed formal pre -application conference information form (furnished by the planning
division) along with ten (10) plan sets which shall include the following graphic and written
information:
(1) All proposed uses and general location and distribution of each use or mixture of
uses and of development intensities (approximate square feet of gross building area
or density);
(2) Proposed overall density and any density transfer and affordable housing density
bonus proposal(s);
(3) Proposed phasing;
(4) Proposed development parameters (as identified in section 915.15);
(5) Adjacent existing and allowable uses and proposed compatibility measures (as
identified in section 915.16);
(6) Proposed open space and recreation areas and facilities;
(7) Integration into public systems (as identified in section 915.17) including:
(a) Utilities provisions (water, sewer, electric);
(b) Roadways including connections and improvements;
(c) Bikeways and sidewalks;
(d) Streetlighting;
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(e) Recreation areas; and
(f) Other public systems used or improved;
(8) Proposed internal vehicular and pedestrian systems;
(9) Proposed method of stormwater management;
(10) Existing site conditions, including location and extent of areas covered by native
vegetation, wetlands, and environmentally significant (such as xeric scrub, coastal
tropical hammock, pine flatwoods) features. Also, the location and extent of existing
drainage features and existing and proposed waterbodies.
Section 915.2423. Planned Development conceptual plan submittal requirements.
To initiate review of a conceptual planned development plan, the applicant shall submit to
the planning division the following:
(1) A completed conceptual planned development plan application form (furnished by
the planning division) along with the appropriate review fee;
(2) Two (2) copies of the property owner's (s') deed and one letter of authorization from
the property owner(s) on behalf of the project applicant or agent if different from the
owner(s).
(3) Seven (7) to scale twenty -four -inch by thirty -six-inch plan sets of the project at a
scale not greater than one inch equals fifty (50) feet (a smaller scale may be used for
all or part of the project depiction when the project cannot fit on a twenty -four -inch
by thirty -six-inch plan sheet, upon approval by the community development director)
which shall include the following graphic and written information:
(a) The location and area of all proposed uses and mixture of uses with the
appropriate measure of intensity for each use (density or square feet of gross
floor area);
(b) A project phasing plan depicting all phase boundaries and a proposed
timetable (by year) for each phase which demonstrates compliance with
section 915.10 and the phasing requirements of Chapter 913 and Chapter 914.
All plan sheets within each plan set shall depict phase boundaries and
designations;
(c) Tabulations showing the following for each phase, successive groupings of
phases (a "running" tabulation over phase time), and for the total project:
Gross area;
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2. Units and density, and dwelling unit computation as specified in
section 915.08(4);
3. Square feet of gross floor area by use, demonstrating compliance with
the requirements of sections 915.11 through 915.14;
4. Open space areas, demonstrating compliance with section 915.18
requirements;
5. Recreation areas and facilities, demonstrating compliance with
section 915.19 requirements;
6. Preservation and conservation areas, demonstrating compliance with
the requirements of Chapter 928 and Chapter 929;
7. Area needed to accommodate necessary parking and traffic
circulation;
8. Area needed to accommodate necessary stormwater management
system(s);
(d) Description and typical elevation of proposed unit or building types and
method of conveying ownership;
(e) Location and designation of all common areas and facilities;
(f) All development parameters and waivers as discussed in section 915.15;
(g) Location of all existing and allowable uses and their existing or allowable
intensity and proposed compatibility measures meeting or exceeding the
requirements of section 915.16, including typical cross-sections, showing a
section at least one hundred fifty (150) feet in length along each project area
border.
(h) Details of any proposal to transfer density or to use the affordable housing
density bonus provision.
(i) Vehicular and pedestrian systems, including typical travelway surface and
right-of-way widths, proposed connections to existing streets and the planned
street network in the vicinity of the project. Existing or proposed streets and
driveways within three hundred (300) feet of the project area.
(j) A traffic impact analysis if required by the Chapter 952, Traffic, regulations,
in accordance with the Chapter 952, Traffic, regulations;
(k) Existing site conditions:
1. Waterbodies;
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2. Wetlands;
3. Native vegetation coverage, by community;
4. Protected trees;
5. Topography and drainage features (including canals and ditches), soil
types;
6. Archeological or historic features or areas where such features are
probable to occur within the project area;
7. Wells, free-flowing or valved;
8. Buildings, structures, or driveways and their disposition (to be
removed, to remain, to be altered);
9. Utilities services and facilities, including, but not limited to water,
sewer, electric, telephone, cable;
10. Easements;
(1) General water, sewer, irrigation and fire suppression and protection system
layout;
(m) Signed and sealed survey of the project site;
(n) Existing and proposed road right-of-way conditions;
(o) Description of the proposed or existing maintenance entity and program
covering all common areas, facilities and improvements. Designations for all
improvements, facilities, and areas as public or private;
(p) Vicinity map, showing the land area within three quarters (3/4) of a mile of
the project area.
(q) Two (2) aerials at a scale not greater than one inch equals one hundred (100)
feet, each with an overlay showing:
1. Project area boundary;
2. Proposed roadway and pedestrian system layout;
3. Proposed areas of development (impervious surfaces);
4. Proposed open space and preservation areas;
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5. Proposed buffer areas; and
6. Proposed stormwater management tracts and easements;
(r) A concurrency certificate or evidence of application for a certificate;
(s) General stormwater management design, and a signed and sealed letter from
a professional engineer certifying that the conceptual stormwater
management plan will be able to meet all applicable stormwater management
and flood protection criteria of Chapter 930, Stormwater Management.
(t) Additional submittal requirements may be required by staff at the formal pre -
application conference based upon concerns and issues particular to the site,
surrounding area, or proposed use(s).
The community development director or his designee shall determine whether or not
an application is complete and can be routed for interdepartmental review. No
incomplete application shall be routed for review.
Section 915.2523. Preliminary planned development plan submittal requirements.
The preliminary planned development plan submittal requirements are the same as the major
site plan requirements contained in Chapter 913 and the preliminary plat requirements contained in
Chapter 914.
(1) In addition to the above requirements, preliminary planned development plan
applications shall contain the following:
(A) One updated conceptual plan sheet with each preliminary plan set;
(B) Tabulations showing for the subject phase along with all previously approved
preliminary plan phases showing the following:
Gross area;
2. Density;
3. Square feet of gross floor area;
4. Open space, demonstrating compliance with section 915.18;
5. Recreation area, demonstrating compliance with section 915.19;
6. Preservation/conservation areas in accordance with the approved
conceptual plan;
(C) The project internal pedestrian system;
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(D) Detailed depiction and cross-sections of all buffer and/or transition areas,
demonstrating compliance with the requirements of section 915.16;
(E) A concurrency certificate or evidence of application for a certificate.
The community development director or his designee shall determine whether or not
an application is complete and can be routed for interdepartmental review. No
incomplete application shall be routed for review.
Section 915.2634. Land development permit submittal requirements.
The land development permit submittal requirements shall be the same as the land
development permit requirements contained in Chapter 913, Subdivisions and Platting.
Section 915.2735. Final planned development plan submittal requirements.
The final planned development plan submittal requirements shall be the same as the final
plat requirements contained in Chapter 913.
(1) In addition to the above requirements, the final planned development plan shall
contain the following:
(A) Seven (7) copies of the latest approved site plan(s) covering the area being
platted;
(B) Seven (7) copies of the latest approved conceptual plan sheet.
The community development director or his designee shall determine whether or not
an application is complete and can be routed for interdepartmental review. No
incomplete application shall be routed for review.
Section 915.2836. Modifications to planned development plans.
Planned development plans may be modified as provided herein.
(1) Proposals to increase the overall project density, increase the intensity of use(s),
reduce buffers or other measures intended to ensure the compatibility with adjacent
properties, reduce preservation/conservation areas, obtain special exception waivers
not previously granted, require a change in the development parameters set up in a
planned development zoning district, or to reduce, expand or otherwise modify the
project area, shall require approval of a revised planned development conceptual
plan and any other affected project plan(s).
(A) A revised planned development conceptual plan shall be reviewed and
approved in the same manner as the original planned development conceptual
plan application.
(B) Revisions of other affected plan(s), if any.
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(2) Phasing revisions shall require modifications to and the updating of the planned
development conceptual plan and all affected preliminary planned development
plans. Such modifications shall be reviewed and approved in the same manner as a
minor site plan, pursuant to the provisions of Chapter 914.
(3) Preliminary planned development plans may be modified in the same manner as site
plans and preliminary plats pursuant to the provisions of Chapter 913 and Chapter
914. Modifications shall generally conform to the approved planned development
conceptual plan. A copy of an updated planned development conceptual plan sheet(s)
shall accompany each copy of the proposed planned development plan modification.
(4) Land development permits may be modified pursuant to the requirements, review
and procedures for modifying land development permits contained in Chapter 913.
(5) Final planned development plats may be modified pursuant to the re -platting
procedures contained in Chapter 913 and standard County procedures for such
reviews and approvals.
Section 915.2927. Planned development time limitations, expirations, and terminations.
.yr.
. ................ . ...... . . ..... .......
MIRPON*
prr-MIrmelk
(1) Conceptual Planned development plan approvals shall not expire, but shall run
with the land, unless an expiration date or reverter condition is incorporated into
the conceptual plan approval.
(2) Preliminary planned developments that have the predominate characteristics of a
subdivision proiect, as determined by the community development director or his
designee, shall have the same application and approval time limitations and ability
to seek extensions as provided for in Chapter 913. Preliminary planned
developments that have the predominate characteristics of a site plan proiect, as
determined by the community development director or his designee, shall have the
same application and approval time limitations, and ability to seek extensions as
provided for in Chapter 914
Section 915.30-28. Transfer of approval and assumption of obligations.
Planned development plan approvals may be transferred to a successor(s) in interest in the
same manner as provided for in Chapter 914 for site plan approval transfer. Said transfer and
assumption of obligations shall ensure compliance with all applicable planned development
approval conditions and perpetual maintenance of designated open space, buffer, and recreation
areas and the preservation of all designated conservation areas.
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SECTION #2: 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 #3: 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 #4: 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 #5: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
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 Aye
Vice Chairman Peter D. O'Bryan Aye
Commissioner Bob Solari Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
yGpMMISs
a
• Ojo,
``•�RNfR C011
ARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY
Gary C. feeler, Chairman
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ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY:
eputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM D LEGAL SUFFICIENCY
�1
Alan S. Polackwich, Sr., County Attorney
APPROVED AS TO PLANNING MATTERS
r
Robert M. Keating, AICW, Commn' y Development Director
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