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Home My WebLink About4/22/1992BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A SPECIAL MEETING WEDNESDAY, APRIL 22, 1992 5:01 P.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman Margaret C. Bowman, Vice Chairman Richard N. Bird - Don C. Scurlock, Jr. Gary C. Wheeler James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 5:01 P.M. REQUEST TO ADOPT PROPOSED LDR AMENDMENTS ( memorandum dated April 13, 1992 ) 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. APR 22 1992 ��IFAMa 410*�L Wednesday, April 22, 1992 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, April 22, 1992, at 5:01 o'clock P. M. Present were Carolyn K. Eggert, Chairman; Margaret C. Bowman; Vice Chairman, Richard N. Bird, Gary C. Wheeler, and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Held, Deputy Clerk. The Chairman called the meeting to order. w REQUEST TO ADOPT PROPOSED LDR AMENDMENTS The hour of 5:01 o'clock P. M. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: APR 2 21992 BOOK 6 1a,,t1 52 r P.O. Box 1268 Vero Beach, Florida 32961 562-2315 COUNTY OF INDIAN RIVER res� Journal STATE OF FLORIDA Before the undersigned authority personally appeared J.J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Btach Press -Journal, a newspaper published at Vero Beach in Indian River County, Florida; that &dAu ,d�r AA91&z2ia 3 3 � an 410 9 Z billed to:nfo i_Ll h Roue•^ &U n• j4 Rd n i ng La -AL was published in said newspaper in the issue(s) Sworn to and subscribed before me this 24- day of !4=�L A.D 199 7— Business Manager (SEAL) Hammy Poblk, State of "w1h My rammhsl- b*es hero 29, 1993 AAW716 6 NOTICE OF ESTABLISHMENT OR CHANGE OF A LAND REGULATIONS) AFFECTING THE USE OF LAND N.♦i3n > .mss» '•.::fit;.: INDIAN RIVER COUNTY- UNINCORPORATED AREA The Indian River County Board of County Commissioners propose to adopt or change a regulation(s) affecting the use of land for the area shown in the map in this advertisement. Two public hearings on the regulation(s) affecting the use of land will be held, one on Wednesday, April 8, 1992, at 5:01 p.m., and one on Wednesday, April 22, 1992, at 5:01 p.m. in the County Commission Cham- bers in the , County Administration Building located at 1840 25th Street, Vero Beach, Florida. ' Proposed changes to the Land Development Regulations Wits) effec- tive in the unincorporated areas of the county include changes to the fol- lowing LDR chapters: • Chapter 902, Administrative Mechanisms; • Chapter 904, Nonconformities; • Chapter 911, Zoning; , • Chapter 912, Single Family Development; • Chapter 913, Subdivisions and Plats; • Chapter 914, Site Plan Review and Approval Procedures; • Chapter 927, Tree Protection and Land Clearing; • Chapter 929, Upland Habitat Protection; • Chapter 932, Coastal Management, • Chapter 954, Off -Street Parking; • Chapter 971, Regulations for Specific Land Use Criteria; • Chapter 973, Public Nuisance A copy of the proposed ordinance will be available at the Planning Divi- sion Office on the second floor of the County Administration Building begin- ning March 31, 1992. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that o 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- CAROLYN K. EGGERT, CHAIRMAN :j c- m M _I C Planning Director Stan Boling made the following presentation: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keatg, Community De//vJJQQelopme Director FROM: Stan Boling.",%ICP Planning Director DATE: April 13, 1992 SUBJECT: Request to Adopt Proposed LDR Amendments It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its special meeting of April 22, 1992. BACKGROUND: At its special hearing of April 8, 1992, the Board of County Commissioners reviewed and considered an ordinance proposing changes to 27 sections/subsections of the existing land development regulations (LDRs). At the meeting, the Board directed staff to make changes to certain ordinance sections and indicated that it intended to adopt the revised ordinance at the April 22, 1992 scheduled hearing. Staff has made revisions to the proposed ordinance based upon directions given by the Board at the April 8th meeting. The Board is now to take final action on the proposed ordinance. ANALYSIS: The proposed ordinance has been revised from the "April 8th edition". Revisions have been made in the following areas: 1. Staff editorial highlights and special notes have been deleted from ordinance sections 1, and 2. 2. Within ordinance section 1, under criterion #81 the following phrase has been deleted: as well as a base on top of the subgrade consisting of FDOT Base Group 41 or greater." 3. Within ordinance sections 9 and 10 the phrase "...dead Australian pine trees (Casuarine spp.) posing a health or safety hazard..." has been replaced with the phrase "...dead trees posing a health or safety hazard". 4. Within ordinance section 10 the phrase "...public or private..." has been added to specify that removal of nuisances applies to public as well as private properties. 3 BOOK 66 Pi�C 0 I APR 221992 BOOK Fr`.uC�d 5. Within ordinance section 22 language has been added to clarify the previously used term "rebuttable presumption". The section now reads as follows: "With respect to any violation of this chapter, the owner of the property on which the violation occurred is presumed to have undertaken, caused to be taken, or authorized the illegal activity. The owner may present evidence proving that the presumption is incorrect in his or her case." No other changes are needed to implement the Board's directions given at the April 8th hearing. It should be noted that no changes were required to be made to ordinance sections 24 and 25. These sections are again included in the proposed ordinance as proposed by LDR amendment applicant Karl Hedin. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed ordinance to amend the county's land development regulations (LDRs). Commissioner Bird asked what percentage is involved in the conservation easement in the amendment to Section 4(b)2. Planning Director Boling advised that it is 10 percent if it is in a contiguous area and 15 percent if it is a strip area, and the percentage is of the upland community, not the entire parcel. As an example, if 30 percent of the site is covered in native upland vegetation, that would be about 3 acres and the conservation easement would be 10 percent of that 3 acres. The Chairman opened the public hearing and asked if anyone wished to be heard on any of the amendments. There being none, she closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously adopted Ordinance 92-11 amending various sections of Chapter 902, Administrative Mechanisms; Chapter 904, Nonconformities; Chapter 911, Zoning; Chapter 912, Single Family Development; Chapter 913, Subdivisions and Plats; Chapter 914, Site plan Review and Approval Procedures; Chapter 927, Tree Protection and Land Clearing; Chapter 932, Coastal Management; Chapter 954, Off -Street Parking; Chapter 971, Regulations for Specific Land Use Criteria; and Chapter 973, Public Nuisance, as recommended by staff. 4 � r r ORDINANCE 92-11, IN ITS ENTIRETY, IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD ORDINANCE 92- 11 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING VARIOUS SECTIONS OF CHAPTER 902, ADMINISTRATIVE MECHANISMS;.CHAPTER 904, NONCONFORMITIES; CHAPTER 911, ZONING; CHAPTER 912, SINGLE FAMILY DEVELOPMENT; CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER 914, SITE PLAN REVIEW AND APPROVAL PROCEDURES; CHAPTER 927, TREE PROTECTION AND LAND CLEARING; CHAPTER 932, COASTAL MANAGEMENT; CHAPTER 954, OFF-STREET PARKING; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA; CHAPTER 973, PUBLIC NUISANCE; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 5:04 o'clock P. M. ATTEST: IC J. K. Barton,'Clerk Carolyn Eggert C airman 5 BOOK 8vb F"