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HomeMy WebLinkAbout2/27/1991BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA SPECIAL MEETING WEDNESDAY, FEBRUARY 27, 1991 5:01 P.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird, Chairman Gary C. Wheeler, Vice Chairman Margaret C. Bowman Carolyn K. Eggert Don C. Scurlock James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5:01 P.M. SECOND HEARING: MINOR AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDRs): STAFF INITIATED CHANGES AND BARKETT PETITION ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. FEB 2 7 1991 BOOK 82 F'AGE zi Wednesday, February 27, 1991 The Board of County Commissioners of Indian River County, Florida, met in Special Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, February 27, 1991, at 5:01 o'clock P.M. Present were Richard N. Bird, Chairman; Gary C. Wheeler, Vice Chairman; Carolyn K. Eggert; and Don C. Scurlock, Jr. Absent was Margaret C. Bowman. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Virginia Hargreaves, Deputy Clerk. Chairman Bird called the meeting to order and announced that this Special Meeting is the second hearing required by law for adoption of any amendments to the Land Development Regulations (LDRs). The hour of 5:01 o'clock P.M. having passed, the Deputy Clerk read the following Notices with Proof of Publication attached, to -wit: FEB 27 1991 ROOK 8 pArjE 7,9Z FEB 27 1991 P.O. Box 1268 Vero Beach. Florida 32961 562-2315 COUNTY OF INDIAN RIVER STATE OF FLORIDA Pres Journal . Before the undersigned authority personally appeared J.J. Schumann, Jr. who on oath says that he Is Business Manager of the Vero Beach Press -Journal, a newspaper published at Vero Beach In Indian River County, Florida; that • iIold .. 33' ,�. billed t /.i • D was published In said newspaper In the issue(a) or Epi ins.. 22-.l�Jl /t-ir �A IOA; Sworrnn' tt�orand subscribed before me this dayo (SEAL) uagti¢Mt- Business KAM, Matt sumo ef Meth% fiT r•.99twkn 6969.1.. 229. 1093 :,00 F'A;Eb NOTICE OF ESTABLISHMENT OR CHANGE OF A REGULATION(S) • AFFECTING THE USE OF LAND • The Indian River County Board of County Commissioners proposes to adopt or change a regulation(s) affecting the use of land for the area shown in the map in this advertisement. A second public hearing on the regulation(s) affecting the use of land will be held on Wednesday, February 27, 1991, at 5:01 p.m. in the County Commis- sion Chambers in the County Administration Building located at 1840 25th Street, Vero Beach, Florida. Proposed changes to various chapter sections of the land development• regulations (LDRs) effective in the unincorporated area of the county would be: • Chapter 901: allow some open space credit for waterbodies; - i'• • Chapter 911: clarify the zoning districts allowable in the "conservation" land use areas; • 1 • Chapter 911: clarify transmission tower height categories; • Chapter 911: allow veterinarian clinics in the CG (General Commercial) „' and CH (Heavy Commercial) districts; • Chapter 911: allow places of worship in the CL (Limited Commercial), CG and CH districts; •• • Chapter 9111 allow civic and social membership organizations in the ..I MED (Medical), CI. and CG districts; • Chapter 911: restrict the amount of retail, take-out restaurant, and • • personal services allowed within OCR (Office, Commercial, Residential) district projects; • Chapter 911: establish the size and dimension criteria for hotel/motel . units; • Chapter 912: eliminate "local" fuel tank size restrictions in certain zoning districts; • Chapter 913: establish final plat lettering size requirements; • Chapter 913: reduce the affidavit of exemption lots size requirement ' from 5 acres to 200,000 sq. ft.; • Chapter 971: eliminate "local" child care outdoor recreation requirements for certain projects; • Chapter 911, reduce the open space requirement in the A-1 (Agriculture'. 1) district from 80% to 60%; • Chapter 901, 91 1, 913, 930 and 971: make other minor changes to clarify language and to eliminate inconsistencies and ty- pographical errors. INDIAN RIVER COUNTY— UNINCORPORATED AREA A copy of the proposed Ordinance will be available at the Planning • Division office on the second floor of the County Administrative Building. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- RICHARD BIRD, CHAIRMAN 2 P.O. Box 1268 Vero Beach. Florida 32961 562-2315 COtINTY OF INDIAN RIVER STATE OF FLORIDA Vreo 3ourital . Before the undersigned authority personally appeared JJ. Schumann, Jr. who on oath agys that he Is Business Manager of the Vero Beach Press -Journal. a newspaper published at Vero Beach in Indian River County, Florida; that *A9 ad int. i,jG,ln-5 33" a,{ •t 10.30 peA. Lltr>!(.(.ntrl, �nntL. binedtoZ,d/itn Rlirer l$urrlt! Rdnit' rt.g DP.s%, was published in said newspaper in the Issue(s) of reb, ua rtJ .2.2., 19v/ aft—paq.e, 2/ A Sworn to and subscribed before me this 22_" day of (SEAL) FEB 27 ehrt c.[t.,t. ti Business Manager A.D 1991 991 rPAIN. PPRalnekre RV..." homPmw.Awex,toot • NOTICE OF ESTABLISHMENT OR CHANGE OF A REGULATIONS) •a `' AFFECTING THE USE OF LAND ... ; ; ; . _,; • The Indian Rivet' County Board of Commissioners proposes to adopt or change a regulation(s) affecting the use of land for ,the • area shown in the map in this advertisement.. ' ' 't `". A second public hearing on the regulation(s) affecting the use of land will be held on Wednesday, February 27, 1991, at 5:01 p.m. in the County • Commission Chambers in the County Administration Building located at 1840 25th Street, Vero Beach, Florida. Proposed changes to two chapter sections of the • land development regulations (I.DRs) effective in the unincorporated area of the county would: . • Chapter 911: allow "residential centers" In the RM -3 (Multi- ' family Residential up to 3 units/acre) and the • RM -4 (Multi -family Residential up to 4 units/ •• ' acre) zoning districts as special exception ` uses: and • Chapter 971: add the RM -3 and RM -4 zoning districts to' • the list of districts in which specific land use .• criteria for "residential centers" apply. INDIAN RIVER COUNTY— UNINCORPORATED AREA A copy of the proposed ordinance will be available at the Planning Division office on the second floor of the County Administrative Building. • . Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and. evidence upon which the appeal is based. INDIAN RIVER COUNTY • . BOARD OF COUNTY COMMISSIONERS BY -s-RICHARD BIRD, CHAIRMAN. ' 3 GOOK. 82 PAGE. 1t FEB 27 1991 BOOK F,4,[ 70 Planning Director Stan Boling made the staff presentation, as follows: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: i obert Keat g Community Developm FROM: Stan Boling, AICP Planning Director DATE: February 13, 1991 CP t Director SUBJECT: SECOND HEARING: MINOR AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDRs): STAFF INITIATED CHANGES AND BARKETT PETITION It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its special night meeting of February 27, 1991. BACKGROUND AND CONDITIONS: At its special night meeting of February 12, 1991, the Board considered the referenced proposed amendments to the LDRs. At the February 12th meeting, the Board indicated its intention to adopt the proposed amendments and announced the time and place of the February 27th second and final hearing. The Board is now to take final action on the proposed amendments. ANALYSIS: The proposed amendments considered at the February 12th meeting are contained in the attached proposed ordinance and are in final, legal form. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached ordinance comprising amendments to the LDRs. Planning Director Boling explained that this is the same as the material that came before the Board at the first hearing; the only changes were to get it all in complete and final legal form; and staff recommends approval at this time. Chairman Bird asked if there is no additional information to be presented tonight other than what the Commission heard at the initial hearing, and this was confirmed. The Chairman then opened the public hearing and asked if there was anyone in the audience who wished to be heard either for or against these proposed changes. There were none, and he thereupon declared the public hearing closed. 4 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, Commissioner Bowman being absent, the Board unanimously (4-0) adopted Ordinance 91-7 amend- ing various sections of the County Code, LDRs, etc. ORDINANCE NO. 91- 7 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING VARIOUS SECTIONS OF TITLE IX OF THE COUNTY CODE, LAND DEVELOPMENT REGULATIONS (LDRs), CHAPTER 901, DEFINITIONS; CHAPTER 902, ADMINISTRATIVE MECHANISMS; CHAPTER 911, ZONING; CHAPTER 912, SINGLE FAMILY DEVELOPMENT; CHAPTER 913, SUBDIVISION AND PLATS; CHAPTER 917 ACCESSORY USES AND STRUCTURES; CHAPTER 930 STORMWATER MANAGEMENT AND FLOODPLAIN PROTECTION; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA; AND 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: SECTION 1: The Section 901.03 definition of "Open Space" is hereby amended to read as follows: "Open Space - The gross area of the site less building coverage, parking surface, internal traffic circulation system and any exclusions herein specifically set forth. Open space is green area, natural or landscaped. Up to 30% of the open space requirement for a development may be satisfied by a body or bodies of water contained within the development area". SECTION 2: The table of contents in the introductory section of Chapter 902, Administrative Mechanisms, the Section 902.07 heading title, is hereby amended to read as follows: "Section 902.07 Appeals from Decisions of the Community Development Director or his Designee" Administrative Officials SECTION 3: Section 911.01(2) is hereby amended to read as follows: "(2) Purpose and Intent In order to lessen congestion in the streets, to secure safety from fire, ..panic and- gthe dangers; to promote h'ealth' and general welfare; to provide"adequate light and air; to prevent the 'overcrowding of land; to avoid undue concentration of overcraw.ing Coding: Words in blocked -out type are deletions from existing law. Words underlined are additions. ORDINANCE 91-7 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN ITS ENTIRETY. 5 LOOK. C: F'AG[ lrit FEB 2` 191 Pr" FEB 27 BOOK 82 PACE There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 5:05 o'clock P.M. ATTEST: Clerk Cha -i rma n 6