HomeMy WebLinkAbout2017-007ORDINANCE NO. 2017- 007
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF
MIXED USE POLICY 5.6 OF THE FUTURE LAND USE ELEMENT OF THE COUNTY'S
COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive
Plan on February 13, 1990; and
WHEREAS, the County received Comprehensive Plan amendment applications during its October 2016
amendment submittal window; and
WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on this
comprehensive plan amendment request on January 26, 2017, and
WHEREAS, the Local Planning Agency, after receiving public comments, recommended that the Board
of County Commissioners transmit the comprehensive plan amendment listed below to State and Regional
review agencies; and
WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public
Hearing on March 7, 2017, after due public notice, and
WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan
amendment to State and Regional review agencies; and
WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its
intention to hold an advertised final public hearing at the adoption stage of this plan amendment; and
WHEREAS, the Comprehensive Plan Amendment was transmitted to State and Regional review
agencies; and
WHEREAS, State and Regional review agencies had no objections to this amendment; and
WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption
Public Hearing on July 11, 2017, after due public notice.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County,
Florida, that:
SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal
The amendment to the Indian River County Comprehensive Plan identified in Section 2 is
hereby adopted, and the Board of County Commissioners directs staff to transmit the amendment
to the State and Regional review agencies.
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ORDINANCE NO. 2017-oo7
SECTION 2. Amendment to the Comprehensive Plan
AMENDMENT OF THE TEXT OF MIXED USE POLICY 5.6 OF THE FUTURE LAND USE
ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN (APPENDIX A).
SECTION 3. Reveal of Conflictine Provisions
All previous ordinances, resolutions, or motions of the Board of County Commissioners of
Indian River County, Florida, which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict.
SECTION 4. Severability
It is declared to be the intent of the Board of County Commissioners that, if any provision
of this ordinance and therefore the Indian River County Comprehensive Plan Amendment is for
any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such
provision shall be deemed a separate, distinct and independent provision and such holding shall not
affect the validity of the remaining provisions.
SECTION 5. Effective Date
The effective date of this ordinance and, therefore, this plan amendment shall be 31 days
after the State Land Planning Agency determines that the amendment package is complete, unless
a petition is filed by an affected party.
This ordinance was advertised in the Press -Journal on the 26`x' day of June, 2017, for a
public hearing to be held on the 1 I" day of July 2017, at which time it was moved for adoption by
Commissioner Solari seconded by Commissioner Flescher and
adopted by the following vote:
Joseph E. Flescher, Chairman AYR
Peter D. O'Bryan, Vice Chairman NAY
Susan Adams, Commissioner AYE
Bob Solari, Commissioner AYE
Timothy Zorc, Commissioner AYE
E
ORDINANCE NO. 2017- 007
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
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>��• •.•• BY:
�; •:� J seph E.escher, Chairman
nZi;' BCC APPROVAL: July 114X-2017
•` •.!hDIAN •RN�;� :•` ATTEST BY: "
Jeffrey R. Smith, Clerk of Court/arid Co p roller
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
1 c Dylan Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
1�1
Stan Bolin P; Community Development Director
F:\Community Development\Comprehensive Plan Text AmendmentsUanuary 2017 - FLUE Policy 5.6\Ordinances and Resolutions\Comp Plan
Text Amendment Adoption Ordinance - July 2017.docx
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APPENDIX A - MIXED USE POLICY 5.6
Policy 5.6: By 2011, Indian River County shall adopt development regulations allowing mixed use
PDs in residentially -designated areas. All mixed use PDs in residentially designated areas shall
meet all of the following criteria:
Development Parameters
The maximum project area for a mixed use PD in a residential area shall be 40 acres
unless the property is located within the SR 60/IRSC preferred location area. The SR
60/IRSC preferred location area is an area adjacent to the SR 60/58" Avenue
Commercial/Industrial Node, the SR 60/66" Avenue intersection and the Indian River
State College_campus. In the SR 60/IRSC preferred location area the maximum mixed
use PD project area shall be 80 acres. Mixed use projects not located in the SR 60/IRSC
preferred location area exceeding 40 acres shall be designed as Traditional
Neighborhood Design (TND) developments and shall comply with Future Land Use
Element Policies 18.1, 18.2, and 18.3.
2. Mixed use PDs shall be limited to areas designated L-1, L-2, M-1, and M-2 and shall
be located along SR 60, US 1, Indian River Blvd., 58th Avenue, CR 510 (west of the
Indian River Lagoon), CR 512, or Oslo Road. Alternatively, mixed use PDs in M-1 and
M-2 designated areas may be located on sites that are adjacent to C/I nodes.
Mix of Uses
3. To ensure that mixed use PDs contain an appropriate mix of residential and commercial
uses, commercial uses shall be allowed to constitute no more than 25% (up to 50% in
the SR 60/IRSC preferred location area, not to exceed a total of 30 acres of commercial
area) of a project's land area.
4. The vertical mixing of uses is allowed and strongly encouraged. Where residential
and/or office uses are designed and located above commercial uses, the amount of
commercial area may constitute up to 30% (up to 60% in the SR 60/IRSC preferred
location area, not to exceed a total of 30 acres of commercial area) of the project's land
area.
For purposes of these mixed use regulations, commercial area shall include buildings,
parking areas, and adjacent improvements that serve commercial uses. Open space
areas and common areas/improvements that are shared with residential uses, however,
shall not be treated as commercial area.
6. Commercial uses allowed in mixed-use PDs shall be limited to lodging, institutional,
office, retail (including fuel sales), personal service, and restaurant uses, and
live/work/commercial flex space.
7. Within mixed use PDs, the Floor Area Ratio (FAR) for commercial uses shall be
applied to the commercial area. For the commercial area, the maximum FAR shall be
0.35.
Revision date: January 30, 2017
APPENDIX A - MIXED USE POLICY 5.6
8. Within mixed use PDs, the maximum number of allowable residential units shall be
derived by applying the applicable comprehensive plan land use designation density
allowance to the entire area of the project and, in addition, may include any applicable
density bonuses.
9. Within mixed use PDs, commercial areas may be internal to the project or may be
located along a project's boundary, where such boundary abuts a thoroughfare road or
is adjacent to C/I-designated property. Where such commercial uses would face
residential uses located outside the project, buffering and compatibility improvements
shall be required to mitigate any adverse impacts.
10. On -street parking shall be allowed within mixed use projects.
11. All mixed use PDs shall be designed to include a transit stop within the project.
Building Design and Setbacks
12. Within mixed use PDs, common architectural themes, common hardscape and signage
themes, and multiple pedestrian connections shall be required to integrate
nonresidential uses with residential uses. Common architectural themes shall apply to
both commercial and residential areas of the project.
13. Within mixed use PDs, no individual commercial building shall exceed 25,000 sq. ft.
(up to 60,000 sq. ft. in the SR 60/IRSC preferred location area) in commercial floor
area. Lodging uses shall be exempt from tlris these limitations.
14. Where a nonresidential building in a mixed use PD is adjacent to residential buildings
located outside the project, the nonresidential buildings shall be compatible with nearby
residential buildings. The scale of such nonresidential buildings may be minimized by
articulating the building's mass, using sloped roofs instead flat roofs screened by
parapets, and/or by planting canopy trees around the building's foundation. For
residential buildings adjacent to a mixed use PD, an existing buffer may be used to
satisfy the compatibility requirement.
Street Network
15. Each mixed use PD shall offer alternative routes and connections between destinations
within the project and to appropriate uses on adjacent sites by designing and
constructing a street network that consists of a grid or modified grid pattern that
accommodates connections to appropriate uses on adjacent sites.
16. The project shall contain a network of interconnected streets, sidewalks, and pathways.
Streets shall be designed to balance pedestrian and automobile needs, to discourage
high automobile speeds, to effectively and efficiently accommodate transit systems,
and to distribute and diffuse traffic rather than concentrate it.
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Revision date: January 30, 2017
APPENDIX A - MIXED USE POLICY 5.6
17. Street trees shall be provided so as to shade sidewalk areas and buffer sidewalk areas
from automobile traffic.
18. For a mixed use project located in the SR 60/IRSC preferred location area the project
shall provide the following_
a. SR60 access to the IRSC campus in coordination with Indian River State
College and County Public Works.
b. Access from the IRSC campus to 66th Avenue at 18th Street including a bridge
over the Lateral A Canal, and including 66th Avenue/18th Street signalization
in coordination with Indian River State College and County Public Works
Timing of Construction
19.4--8. In each mixed use PD not located in the SR 60/IRSC preferred location area no
more than 3 acres or 50% of the total commercial area allowed, whichever is greater,
shall be constructed until at least 25% of the proposed residential development has been
constructed, and no certificate of occupancy shall be issued for commercial area
exceeding 3 acres or 50% of the total commercial area allowed, whichever is greater,
unless at least 25% of the total residential development has received certificates of
occupancy.
20. For a mixed use PD project located in the SR 60/IRSC preferred location area no more
than 15 acres not to exceed 50% of the total commercial area allowed shall be
constructed until:
a) the infrastructure items in Section 18 above have been constructed or designed and
committed to via an enforceable developer's agreement, and
b) a conceptual or final development plan for the residential development has been
approved, and
c) the infrastructure that serves the residential portion of the project has been
constructed or designed and committed to via an enforceable developer's
agreement.
F:\Community Development\Comprehensive Plan Text Amendments\January 2017 - FLUE Policy 5.6\Ordinances and Resolutions\Appendix A -
Future Land Use Policy 5.6.docx
Revision date: January 30, 2017