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HomeMy WebLinkAbout9/7/1993 (2)= MINUTES'ATTACHED = BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA SPECIAL MEETING TUESDAY, SEPTEMBER 7, 1993 5:01 P.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird, Chairman ( Dist. 5 ) John W. Tippin, Vice Chairman ( Dist. 4) Fran B. Adams ( Dist. 1) Carolyn K. Eggert ( Dist. 2 ) Kenneth R. Macht ( Dist. 3) 5:01 P.M. SECOND HEARING: James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board Request to Adopt Proposed Land Development Regulation (LDR) Amendments ( memorandum dated August 31, 1993 ) 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 EVIDENCEUPONWHICH THE APPEAL WILLBE BASED. THE TESTIMONY AND SED ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT E AT567-8000XM408CATSWITH L AST 48 DISABILITIES HOURSD COORDINATORIN ADVANCE OF MEETING. SEP 7 1993 Tuesday, September 7, 1993 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 Tuesday, September 7, 1993, at 5:01 p.m. Present were Richard N. Bird, Chairman; John W. Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and Kenneth R. Macht. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Diane Albin, Deputy Clerk. Chairman Bird called the meeting to order and announced that this is the second and final public hearing on a proposed ordinance amending the land development regulations (LDRs). County Attorney Charles Vitunac announced that this public hearing has been properly advertised, as follows: P.O. Box 1268 Vero Beach, Florida 32961 562-2315 COUNTY OF INDIAN RIVER Proo 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 Beach Press -Journal, a newspaper published at Vero Beach in Indian River County, Florida; that billed 1 if t G was published in said newspaper in the issue(s) O^. (ifibG Sworn to and subscribed before me this / day o A.D/ Business onager (SEAL) bier► PsMk, slava of "W& My Ozmisslsn &Pies Asir 29, Im AA (oil, ebb NOTICE OF ESTABLISHMENT OR CHANGE OF LAND DEVELOPMENT REGULATIONS AFFECTING THE USE OF LAND. The Indian River County Board of Court Commissletters proposes to adopt or change regulations affecting the use of lead for the area shown In the mop In this advertisement. Two public hearings on the regulations affecting the use of land will be held, one an Mande , August 23, 1993 at 5,01 p.m. and one on Tuesday, September 7, 1993 at 5,01 p.m. In the County Commission Chambers In the County Adminis- trathm Building located at 1840 25th Street, Vere Beach, Florida. Proposed changes to the Land Development Regulations (Logs) effective In the unincorparea of areof the county consists of an ordinance containing various LDR onto mems, and Include changes to the following LDR chapterst .Chapter 901, Definitions • .Chapter 902, Administrative Mechanisms .Chapter 911, Zoning *Chapter 912, Single Family Development :Chapter 913, Subdivisions and Plats Chapter 914, Site Plan Review and Approval Procedures .Chapter 915, Planned Development (P.D.) Process and Standards for Development , •Chapter 954, Off -Street Parking • •Chapter 971, Regulations for Spa-fic Land Use Criteria Topics relating to said amendments include, but aro not 8mited to, the followings - residential resort was and projects limited automotive repair services in the CL, Limited Commercial, zoning district • formworker and migrant housing affordable housing density bonus provisions - authority of staff to approve site plan projects and expansions of special ex- ception uses - planned development project "infernal" buffering requirements - b&away and shfewaik conatrection and bonding -out provisions appeals of decisions on development project requests Copies of the proposed ordinance will be available at the Planning Division Of- ficeon the second floor of the County Administration Building beginning August 16, 1993. Anyone who may wish to appeal my decision which may be made at this meethtg will need to ensure that a verbolhn record of the protea Is male, W;71 htclvdes testimony attd evidence upon which the appeal is best ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINA- TOR AT 567-8000 %408 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- RICHARD N. BIRD, CHAIRMAN I ,I 1 INDIAN RIVER COUNTY- UNINCORPORATED AREA BOOK 90 ft�u-E 415 r SEP Boa 90 Facr.416 Attorney Vitunac cautioned the Board members that they should not discuss the specifics of Sea Oaks' application for special exception at tonight's hearing. A recent Court ruling prohibits County Commissioners from discussing special exception applications until a properly noticed hearing on the applications is held, at which time both sides have an opportunity to heard. Planning Director Stan Boling introduced himself and advised that the Board directed staff to make several changes to the proposed residential resort LDR amendments and to conduct additional research on the proposed farmworker LDR amendments, as set forth in the following memo dated August 31, 1993: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: e�2j., a /0, t -g",4. Robert M. Keati , AI Community Developmen irector FROM: Stan Boling -45, Planning Director DATE: August 31, 1993 SUBJECT: Second Hearing: Request to Adopt Proposed Land Development Regulation (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 September 7, 1993. BACKGROUND AND CONDITIONS: At its special hearing of August 23, 1993, the Board of County Commissioners -reviewed and considered a draft ordinance which contained a set of several LDR amendments. At that time, the Board directed staff to make some changes to the proposed ordinance and to research some matters relating to the farmworker housing LDRs. The Board also indicated that it intended to consider final adoption of the ordinance at the September 7, 1993 scheduled public hearing (see attachment #1 for draft meeting motions). Staff has revised the proposed ordinance based upon direction given by the Board. In addition, staff has conducted more research on several items related to the farmworker housing LDRs. The Board is now to consider final action on the proposed ordinance. ANALYSIS: *Residential Resort Regulations At its August 23rd meeting, the Board directed staff to make the following two changes to the proposed residential resort LDR amendments: 2 e s � 1. Require residential resort projects to include CL or CG zoned property. 2. Delete any requirement relating to a minimum length of stay. These two changes have been made to the proposed ordinance (see attachment #2.). To summarize, the ordinance now proposed would make the following changes to existing residential resort LDRs: 1. Residential resort projects would be reviewed and approved as planned development (P.D.) projects. 2. The minimum residential resort project area would be increased from 25 acres to 50 acres. 3. No portion of a residential resort project would consist of a portion of an existing or approved multi -family or single- family residential project. 4. Residential resort projects would be required to include CL or CG zoned property. Within the project, the area of residentially zoned property to commercially zoned property could not exceed a ratio of 3:1. These provisions are contained in sections lA and 1B of the proposed ordinance. •Farmworker Housing At its August 23rd hearing, the Board directed staff to get input from larger agricultural operations within the county regarding the proposed farmworker housing LDRs. Also, the Board directed staff to research the water and wastewater treatment implications of locating "tenant dwellings" and "migrant housing facilities" outside of the Urban Service Area. It should be noted that "tenant dwellings" and "migrant housing facilities" are.. special use categories intended to apply only to farmworker housing developments located outside of the Urban Service Area, in areas designated as agricultural. In staff's opinion, the proposed LDRs offer agricultural -business owners an opportunity to develop farmworker housing outside of urban areas, close to the agricultural lands on which they work. Although such an opportunity may enable some affordable housing to be provided for farmworkers, it also warrants special regulation and review to ensure that such housing developments are compatible with the rural character of agriculturally designated areas. Farmworker housing developments located within the Urban Service Area would be treated the same as any other residential project in terms of approval process (site plan or subdivision) and density (based upon zoning). -Urban Service Area/Utilities Ramifications Planning staff has verified in discussions with Utility Services Director Terry Pinto that a utility franchise could be granted for a farmworker housing project located outside the Urban Service Area (Note: Sanitary Sewer sub -element Policy 6.1 and Potable Water sub -element Policy 6.1 allow for on-site water and wastewater treatment facilities for projects located outside of the Urban Service Area.) Mr. Pinto indicated that a franchise would be required for any system (package plant or septic) that would serve more than one building. The actual water and wastewater treatment facilities used would need to meet state standards. According to Assistant Environmental Health/HRS Director Glenn Schuessler, current state' standards allow on-site septic systems to serve 3 BOOK (99PAGE'��� SEP 7 199 J nr SFP 7199-1 BOOK 70 Pm;r. 18 projects generating wastewater flow of up to 10,000 gallons per day (Note: a 2 bedroom, 2 bath single family home is estimated by HRS to generate 250 gallons per day wastewater flow). If a project would generate wastewater flow greater than 10,000 gallons per day, then a package treatment plant would be required. Also, according to Mr. Schuessler, a community well permit could be issued by DEP (Florida Department of Environmental Protection) for on-site water supply. -Comments from Agricultural Business Operators Staff solicited comments of the proposed farmworker housing LDRs from Graves Brothers Company, Sun -AG, B & W Quality Growers, and Jack M. Berry Groves. According to the respondents, there are currently no state or federal requirements for agricultural businesses to provide farmworker housing. Comments from these parties included concerns about some of the size, use, and density restrictions proposed (see attachment #3). The following three specific concerns emerged from staff's contacts: 1. For "tenant dwellings" and "migrant housing facility" uses, it should be made clear that housing density can be based on the gross agricultural acreage surrounding the housing area if the "density" potential of such acreage can be tied to the housing project. 2. For "tenant dwellings", workers and their families should be allowed to live on one parcel owned by the agricultural business and work on another property owned by the same agricultural business. 3. For "migrant housing facility" uses, the' restriction of no more than. 1 year-round caretaker residence for each 100 seasonal units should be loosened. The existing 96 unit Sun - Ag facility uses 2 year-round caretaker residences. Based upon these comments, staff has made some changes to the proposed farmworker LDRs, as follows: 1. Revisions have been made to section 3E and 3F, stating that housing project densities can be calculated based upon the subject (project) property "...and upon surrounding properties legally attached to the project for density transfer purposes...". 2. Revisions. have been made to section 3E so that "tenant dwellings" may be inhabited by individuals and their families who are employed in either active on-site agricultural operations "...or agricultural operations on other properties under the same ownership as the subject (project) property". 3. Revisions have been made to section 3F, increasing the maximum number of year round caretaker residences associated with "migrant housing facilities" from 1% to 5%. In planning staff's opinion, these revisions to the residential resort and farmworker housing provisions of the proposed ordinance address the direction given to staff by the Board at its August 23rd hearing. 4 M M M RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed ordinance containing amendments to the county's land development regulations (LDRs). Residential Resort Regulations Director Boling explained that the 3:1 ratio discussed in Item 4 means that 25 percent of the land within a residential resort project would have to be commercially zoned. Chairman Bird requested that the following letters and memo be placed in the record: 2 ROBERT A.CAIRNS,INC. R InwdaftWawbSnm mm "0, - JUL 1993 RcGENED utm gppRD COM�iSSIONEO July 26, 1993 Chairman Richard Bird Indian River County Commission 1840 25th Street Vero Beach, F1. 32960 Sude206 425 West Colonial Drive Orlando, Rorida32804 Telephone 407.649-8745 Re: Resort Land Development Regulation proposed changes to eliminate any more "Residential Resorts", after Disney, in Indian River County. Dear Chairman Bird, The purpose of this letter is to ask that resort developments not be required to include or be next to commercially zoned land. This would eliminate any more resorts in the county. I am involved in the ownership of 180 acres north of the Town of Indian River'Shores and south of Sea Oaks on the Barrier Island. There has been a group, mainly from Indian River Shores, requesting the elimination of further resort development on the Barrier Island. They tailored proposed changes to the LDR that are very effective in eliminating further resort development. The main killer is the requirement that resorts be attached to commercially zoned land. It just so happens that there is no more commercially zoned land on the Barrier Island and, thus, the end of resorts. The talk that there is .land on highway 60 and US#1 that could fit this criteria is true, but no resort developer would want to go there. Also, there is a chance that a golf course, .resort developer would want to develop on the mainland, but would likely not want to be next to commercially zoned land. This would severely restrict the location which increases the land price and availability and, therefore, it's viability. This group would also like to get rid of Disney. They got caught in a rush of pro Disney sentiment and thus said they would support it. Since then, they requested that Disney be considered a DRI and publicly announced they want to be a thorn in Disney's side. It is obvious that.they are thinking of no one but themselves. The county should not think of just one, vocal group's interest when the whole county is at stake. 0 � S�� 71993 BOOK 90 PAGF. 419 BOOK 90 PAGE 4 , There are other resort developers with more experience in resort development than Disney and, in a totally residential setting, could offer all the advantages of Disney with none of the commercial zoning disadvantages i.e. hotels, motels and the commercial atmosphere. This kind of residential resort development would help existing projects and home owners find buyers with the traffic from the resort visitors. It is, also, non competing as well as being an economic boost to the community. The existing LDR has all the safeguards necessary to assure a compatible, high quality project. Before we throw resorts off the Barrier Island and out of the County, let's remember that one of your commissioners stated that Disney was the greatest economic boom to Indian River County in recent history. Also staff has recommended that the resort LDR not be changed. Let's look at some of the "county wide" advantages. ADVANTAGES OF RESORT IN INDIAN RIVER COUNTY 1. EMPLOYMENT: Substantial year round employment will be required to run a resort. Disney estimates 300+ permanent employees, year round upon completion. 2. WINDFALL TAX REVENUES: A large increase in tax revenue with no impact on schools from the weekly visitor. This tax revenue will also ripple thru the community as it improves commercial activity as well as improving home sales from employees and visitors. 3. LOWER TRAFFIC IMPACT: No more residential units will be built for a resort than for a conventional residential development. A resort will include on site amenities and facilities to reduce off site travel as compared to a standard residential project. Further the off site travel has no peak hour and should not be disproportional at the business rush hours and, thus, less impact. 4. ECONOMIC VIABILITY: In Disney's case, as with other resort developers, the company behind the project needs to have the economic strength to see the project to completion without the help of any or little outside financing. Too many developers, who try to conventionally develop in Indian River County, go bankrupt due largely to the slow absorption rate and high development cost. A resort will have a spill over effect to help the sales of conventional, residential.developments and they are non competing. Of the proposed changes, the one that eliminates other resorts on the Barrier Island is the following: VOTE NO REQUIREMENT TO BE ATTACHED TO A COMMERCIALLY ZONED PROPERTY The main disadvantage to the Disney project is the hotel/ motel look and the class of people that the residents don't like. This "look" and to some extent the, supposedly, lower`class of people is only possible because their oceanfront is zoned commercial. Other resort projects, that do not have commercial property, will be completely residential in character and should not appear any different than Sea Oaks, Marbrisa or John's Island from the road or surrounding properties. In any development we take our chances with the class of people and that should not be an issue. Also resort developers prefer not being associated with a commercial property, unless it can offer a hotel option, and this is -no longer available on the beach or in an acceptable location in the county. The only reason to require the Resort status be linked to commercial was to eliminate any further resorts in Indian River County. Resort -developers (in an all -residential zoning) will NOT INCREASE DENSITY, ARE BETTER BUFFERED and are COMPLETELY RESIDENTIAL IN NATURE. The only difference is a shorter term stay and more on site amenities. There is no commercial buffer need that can be supported. The compatibility with other residential developments should be controlled by the county standards and the residential nature of the project. The only properties on the mainland that meet the commercial and RM -6 criteria are unlikely to ever be suitable for a resort. 6 PLEASE VOTE "NO" TO REQUIRE A RESORT HAVE ANY CONNECTION WITH COMMERCIALLY ZONED LAND. It is in the county's and the tax payer's best interest. Government needs to start being run more like a business and not being controlled by minority groups at the expense of the general public. RESORTS ARE GOOD BUSINESS FOR THE COUNTY! Hopefully the existing LDR will stay intact the way it is. Your help will be greatly appreciated to keep the options open for this clean business to locate in our community. Sincerely, Robert A. Cairns, owner/ broker TO: FROM: RE: DATE: BOARD OF COUNTY COMMISSIONERS Alice E. White Executive Aide to Board LDR letters September 3, 1993 As of this date, this office has received many letters regarding the proposed land development regulation amendments. Some of the letters made reference to specific projects where the Board will sit as a judge, therefore, you have not been able to see them until those projects come before you in public hearings. The total number of letters FOR the LDR amendments: 4"10!1 The total number of letters AGAINST one or more of the LDR amendments: 13 The Chairman opened the Public Hearing and asked if anyone wished to be heard on the proposed residential resort LDR amendments. Joe Scarmuzzi, 1500 Tern Court, representing 618 residents of Sea Oaks, announced that over 80 percent of the homeowners have signed petitions emphatically stating that they would like the Board to prohibit the conversion of existing residential projects to residential resorts for the following reasons: 1) They relied upon the residential character of Sea Oaks when they purchased their homes. 2) They feel it would not be in their best interests to have large numbers of short-term renters who would not have the same objectives for the use or care of the community. 7 SEP 71993 BOOK 9 0 PAGE 421 BOOK 90 PAGF 422 7 3) A residential resort would infringe on existing streets, recreational facilities, community buildings and open space in established neighborhoods within the community. Mr. Scarmuzzi urged the Board to pass the proposed residential resort LDR amendments. He asked whether the pending ordinance doctrine invoked in August will have an effect on any applications. Attorney Vitunac explained that the pending ordinance doctrine applies to Sea Oaks because the developer was placed on notice that the ordinance was pending at every material stage of the process. He was notified that this hearing would be held tonight and that he will be expected to comply with the ordinance if it is adopted. If the ordinance is adopted at tonight's meeting, staff intends to hold the Sea Oaks developer to the new ordinance requirements. It was determined that no one else wished to be heard on the proposed residential resort LDR amendments and the Chairman closed the first portion of the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously approved the four changes to existing residential resort LDRs, as listed above in staff's memorandum. Farmworker Housing and Remaining Amendments The Chairman requested that the following letter be placed in the record: Graves Brothers Company AUG 1993 P. O. Boa 277 C014MUNITY Wabasso, FL 32970 DEVELOPMENT DEPT. Phone 407-589-4356 Fax 407-589-5901 r Fax .IessaLve To: Commissioner Fran Adams From: J. Richard Graves, Jr. Date: August 25, 1993 Subject: Proposed changes to LDRs for migrant housing and farm tenant housing Thank you for asking for my comments on the above. My comments may be classed as from someone who doesn't understand the issues but here goes anyway. I thought I saw the reason behind placing a definition for the two uses in the LDRs but when I read the staffs proposals the two definitions seem to come back together. Pll start with the "tenant housing'. item # (b) 3 under "Additional information ..." provides that tenants "are employed in active on-site agricultural....". In my case we have multiple locations and a person may live in Wabasso and work in St. Lucie county. Item # (c) 1 under "Criteria for..." the site must be 20 acres. That is rather large unless it is a part of an agricultural operation Item 4, same heading again provides for on site employment. Item 7, same section excludes these types of dwellings from the urban service area. TI -.is could be a problem when the area is expanded and the expansion area includes agriculture. Might be a problem now. 8 Under section 3F, item 14, 'Residential Migmnt IIousing...." sub: kb), sub 3 "Froof that the land....." requires that the facility be located only in agricultural area. This is rather strange because the idea is to provide for off site housing not necessarily attached to any particular farm. On down to (c) sub. 2 requires a minimum of 20 acres wluch is unduly restrictive and them sub. 3 which limits the use to "...four (4) persons per acre". These provisions make the idea of off site migrant housing to be owned and maintained by someone not owning any agricultural property such as a labor contractor (licensed, of course!). Fran, farm worker housing, or for that matter affordable housing for the lower income service people in this county is a real problem. The best hope for a solution is to entice industry to build such units. Unfortunately, affordable housing is like "clean, light industry". It defies definition. Everybody wants it but NAII3Y! The proposed LDRs you faxed to me would lead we to the conclusion that someone vim -As to provide for this type of housing but regulate it to a point of being unfeasible. What we need are solutions. Not excuses. Planning Director Boling explained that the three changes in the proposed farmworker housing LDRIs listed in staff's memorandum address specific concerns expressed by agricultural business owners. Commissioner Adams commented that migrant housing in the urban service area has not been addressed. Community Development Director Bob Keating responded that migrant housing is already allowed in various residentially zoned districts within the urban service area. Michael Galanis, environmental health director, advised that he was asked to be here tonight after some concerns were raised at the first public hearing about utilities. He confirmed that current state standards allow on-site septic systems to serve projects generating wastewater flow of up to 10,000 gallons per day, and permitting could be obtained to construct a package treatment plant for projects generating wastewater flow greater than 10,000 gallons per day. Community well permits are available from The Department of Environmental Protection to provide water. The Chairman asked if anyone wished to be heard on any of the other proposed amendments to the LDRs. There being none, he closed the Public Hearing. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Eggert, the Board unanimously adopted Ordinance 93-29, amending chapters 902, 911, 913, 914, 954, and 971 of the Land Development Regulations. 9 BOOK 90 PnF423 r SEP 7 1993 BOOK 90 pmu. 424 ORDINANCE 93- 29 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS):. CHAPTER 901, DEFINITIONS; CHAPTER 902, ADMINISTRATIVE MECHANISMS; CHAPTER 911, ZONING; CHAPTER 912, SINGLE FAMILY DEVELOPMENT; CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER 914, SITE PLAN'REVIEW AND APPROVAL PROCEDURES; CHAPTER 915, PLANNED DEVELOPMENT (P.D) PROCESS AND STANDARDS FOR DEVELOPMENT; CHAPTER 954, OFF-STREET PARKING; 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 that the Indian River County land development regulations (LDRs) are amended as follows: SECTION 1. Residential Resort Projects SECTION 1A: Section 971.41(11) is hereby amended as follows: (11) Residential Resort (special exception): (a) Intent: To provide inwardly focused resort housing, compatible with and similar to multiple family housing in terms of function, designed for resort and vacation stays, and providing on-site amenities and supporting services. (b) Districts requiring special exception approval (pursuant to the provisions of 971.05): RM -6, RM -8, RM -10 (c) Additional information requirements: 1. Provide a planned development application and plans conforming with all requirements of Chapter IM 915 which shows: a. All residential structures (including typical floor plans and elevations), number of units, and density; b. All accessory structures and uses, and their locations and dimensions; C. Location, width, composition and a cross- section of all buffer areas; d. Design, location, and access to all recreational and natural resource-based amenities. (d) Criteria for Residential Resort Use: 1. The site must have direct access to a collector or arterial roadway as defined and identified in the Traffic Circulation Element of Indian River County's Comprehensive Land Use Plan. 2. All living units must have cooking facilities and access to on-site laundry facilities. 3. Each living unit shall constitute a dwelling unit in terms of land use density calculations; the total project dwelling unit density shall not exceed the density allowed in the underlying zoning district. Coding: Words in type are deletions from existing law. Words underlined are additions. 1 Ful M ORDINANCE 93- 29 4. Accessory uses may include meeting rooms or Clubhouses for the exclusive use of the occupants and guests of occupants of the residential resort facility; housekeeping, laundry and maintenance facilities; employee parking; swimming pools; tennis courts and other recreational uses and structures; dining structures or rooms for the use of the occupants of the residential resort. No accessory use shall be established or conducted for the purpose of engaging in a business operation or activity other than to support and provide services and activities to occupants and guests of occupants of the residential resort. The accessory use shall not be operated or promoted in such a manner as to invite the patronage of the general public. 5. Parking spaces for reach unit of resort housing shall be provided consistent with the parking requirements for hotel uses. Adequate parking for accessory structures and uses shall be provided in accordance with applicable Chapter 954 standards. 6. A Type "A" buffer shall be provided along the boundary of the residential resort site where the site abuts residentially designated property. A Type "H" buffer shall be provided along the perimeter of the residential resort site boundary that is adjacent to public or private road rights- of-way. 7. The area of the residential resort prosect shall be t, 0 4 / /0c'_ k e W d Gide ru .L/e/ e- KROR SECTION 1H: Section 901.03 definition of "residential resort" is amended as follows: Residential resort: a planned development of not less than ® fifth (50) acres, containing resort housing and accessory recreational amenities, designed for extended resort and vacation stays. SECTION 2. Limited Automotive Repair Uses in CL Section 971.45(1) of the LDRs is hereby amended as follows: (1) Automotive fluids, products, sales and service other than gasoline (administrative permit). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CL, IG (b) Additional information requirements: Coding: Words in ® type are deletions from existing law. Words underlined are additions. 2 11 L_ SEP 71993 BOOK 90 u,UF 425 FF -- SEP 7 9993 (c) (d) BOOK 90 FA ,E 426 ORDINANCE 93-2L 1. A site plan meeting all requirements of Chapter 914 which shows the land use and zoning designation of all properties within one hundred (100) feet of the site; .2. 'A hazardous waste survey form specifying all hazardous wastes handled, used, and generated on- site. Criteria for automotive fluids, products, sales and service other than gasoline in the CL district: 1. Service of automobiles shall be within an enclosed building; outside sale of products is prohibited; 2. Maintenance and services performed shall be limited to the draining and replacement of fluids and minor parts replacement (filters, lights, wipers and limited automotive repairs. Limited automotive are expressly prohibited; 3. No outdoor storage shall be permitted; 4. All generated hazardous waste shall be stored, handled, and disposed of in a manner acceptable to the environmental health and county utilities departments; 5. All tanks and facilities for the storage of Petroleum oils and other flammable liquids shall be located within an enclosed buildina or underaround or located outdoors and emmniaTaTa 6. 7. of the applicable district. Transmissions from audio speakers outside enclosed buiidinas are prohibited. Criteria for automobile products, sales and service other than gasoline in the IG district: 1. The use shall be subject to the restrictions and requirements of the applicable fire department, in order to ensure adequate separation from heavy industrial uses which may pose a safety hazard; 2. All tanks and facilities for the storage of petroleum oils and other flammable liquids shall be either located within An enevinQ-A s ana snail be subject to 8 of the applicable district. Coding: Words in type are deletions from existing law. Words underlined are additions. 3 12 ORDINANCE 93-pq SECTION 3: Farmworker and Migrant Housing Amendments SECTION 3A: The definition of "Dwelling, Tenant" is hereby added to Section -901.03 of the Definitions Chapter of the Land Development Regulations to read as follows: SECTION 3H: The definition of "Residential Migrant Housing Facility" is hereby added to Section 901.03 of the Definitions Chapter of the Land Development Regulations to read as follows: SECTION 3C: A portion of the use table listed in Section 911.06(4) is hereby amended to read as follows (all other portions of the table to remain as currently adopted): DISTRICT A-1 A-2 A-3 Agricultural Uses Tenant Dwelling® S S S Residential Migrant Housina Facility S S S SECTION 3D: A portion of the Table of Uses listed in Section 971.06 is hereby amended to add the following item (all other portions of the table to remain as currently adopted): Residential Migrant Housing Facility 971.08(14) SECTION 3E: Section 971.08(13) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended to read as follows: (13) Tenant Dwellings (special exception). (a) Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3. Coding: Words in` type are deletions from existing law. Words underlined are additions. 4 13 P �9�� BOOK 90 F-nF 427 (b) (c) BOOK 90 PnI 28 ORDINANCE 93-2q Additional information requirements: 1. The applicant shall submit a site plan, conforming to the requirements of Chapter 914, which shall .include floor plans showing the size and _ 'dimensions of all rooms and list the maximum number 2. be inhabited so] ® families,, who t an victuals are 3. Proof that the land upon which the tenant dwelling® shall be located is classified as agricultural land for purposes of ad valorem tax assessment; Criteria for tenant dwellings: 1. 3rich use shall be accessory to active agricultural operations occurring on-site or on other properties, under the same ownership as the subiect (nroiectl site. which are used for active site having a minimum of twenty (20) acres of land; 2. The number of tenant dwelling units shall not exceed the maximum density allowed on the transfer purposes. The project site shall comply with the open space and lot coverage requirements of the applicable zoning district; 3. To protect adjacent and future land uses, tenant dwellings and accessory structures shall be --located at least fifty (50) feet from all property lines. It shall be the owner's 4. 5. The tenant dwelling units shall be inhabited solely by individuals and their families (if any), who are s may inc.iuue moDile nomas, shall satisfy all applicable provisions of the housing code and building code of Indian River County; Coding: Words in type are deletions from existing law. Words underlined are additions. 5 14 M 6. 7. M ORDINANCE 93-1g SECTION 3F: Section 971.08(14) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby established to read as follows: (14) Residential Migrant Housing Facility (special exception) (a) Districts requiring special exception approval (puts' (b Additional information requirements: 1. 2. 3. The owner of the facility shall submit an affidavit stating: a. The facility shall be inhabi b. LR ' that the land upon which the facility shall 4. A site plan meeting all requirements of Chapter 914. (c) Criteria for migrant labor camps: 1. Such use shall be accessory to active on-site agricultural operations; 2. The facility shall be located on a site having a minimum size of twenty (20) acres of land. 3. The approving body shall determine that the proposed use is compatible with surrounding areas Coding: Words in type are deletions from existing law. Words underlined are additions. 6 15 SEP '71993 BOOK 90 FAnF.429 SEP 71993 Boa 90 F'A,E 430 SECTION 3H: Section 954.05 of the Off -Street Parking Chapter is hereby amended to add the following item to the listing of uses in the appropriate alphabetical order (all other portions of the list to remain as currently adopted): Residential Migrant Housing Facility. (a) For facilities utilizing a single-family, multiple -family or mobile homes residential structures: two parking spaces for each residential unit, either single-family, multiple -family or mobile home. (b) For facilities utilizing dormitory or barracks residential structures: one parking space for every three (3) residents of the facility's maximum licensed capacity, whether or not the facility is fully occupied. Coding: Wolds in type are deletions from existing law. Words underlined are additions. 7 16 ORDINANCE 93- 29 in terms of intensity of land use. As a measure of land use intensity, the maximum number of persons per acre for the pro osed use shall be limited to four (4) persons per acre. Calculations -determining the maximum number of residents shall -be based upon the area of the subject property and _ 'upon the area of surrounding properties -legally attached to the project for density transfer purposes. The persons per acre intensity of the facility on the subject (project) site shall not exceed one and one-half (1}) times the intensity of any adiacent residential zoning district; 4. All residential and accessory structures for the facility shall be located a minimum of fifty (50) feet from all property lines; 5. Development of the facility shall comply with all open space and lot coverage requirements of the site's respective zoning district; 6. The facility shall be inhabited solely by individuals, and their families (if any), who are em loyees of active agricultural operations; 7. The Board of County Commissioners may reduce parking requirements for the facility by a maximum of one-half (4) the total number of required space for facilities which provide common transportation facilities for migrant labor camp residents; B. Paving requirements may be waived or otherwise modified in compliance with the provisions of Section 954.10; and 9. No migrant labor camp shall be located closer than one (1) mile from any other migrant labor camp, and no migrant labor camp shall be located within the boundary limits of the Indian River County Urban Service Area as established by the Comprehensive Plan. SECTION 3G: Section 954.05 of the Off -Street Parking Chapter is hereby amended -to add the following item to the listing of uses in the appropriate alphabetical order (all other portions of the list to remain as currently adopted): Tenant Dwellings. Two spaces for each dwelling unit. SECTION 3H: Section 954.05 of the Off -Street Parking Chapter is hereby amended to add the following item to the listing of uses in the appropriate alphabetical order (all other portions of the list to remain as currently adopted): Residential Migrant Housing Facility. (a) For facilities utilizing a single-family, multiple -family or mobile homes residential structures: two parking spaces for each residential unit, either single-family, multiple -family or mobile home. (b) For facilities utilizing dormitory or barracks residential structures: one parking space for every three (3) residents of the facility's maximum licensed capacity, whether or not the facility is fully occupied. Coding: Wolds in type are deletions from existing law. Words underlined are additions. 7 16 M M M ORDINANCE 93-.29 (c) For facilities utilizing both residential structure types previously listed in (a) and (b), the facility shall utilize both calculation methods as appropriate for each structure to obtain the total parking liability. SECTION 4:_ Affordable Housing Density Bonus Provision SECTION 4A: "Dwelling Unit, Affordable" is hereby added to Chapter 901, Definitions, of the Indian River County Land Development Regulations as follows: SECTION 4B: "Household, Very Low -Income" is hereby added to Chapter 901, Definitions, of the Indian River County Land Development Regulations as follows: SECTION 4C: "Household, Low -Income" is hereby added to Chapter 901, Definitions, of the Indian River County Land Development Regulations as follows: SECTION 4D: --"Household, Moderate -Income" is hereby added to Chapter 901, Definitions, of the Indian River County Land Development Regulations as follows: SECTION 4E: Section 911.14(4), Density Bonus, of the County's Land Development Regulations is hereby amended as follows: (4) Density Bonus (a) Affordable Housing. Residential developments may receive a density bonus not to exceed twenty (20) percent of the densit rmitted by the applicable land use designation_ Coding: Words in type are deletions from existing law. Words underlined are additions. . 8 17 L_ � BOOK 90 FAGf431� E P 71993 F' Sp 7,993 BOOK 90 Fn,UF 432 ORDINANCE 93- 29 l. For the purposes of this section, ®an affordable dwelling unit shall be a dwelling unit which: a. Has a market value less than two 2 times Oeighty (80) percent of the non -adjusted annual median family income for Indian River County as 2. a. or b. Has a monthly rent less than one -twelfth (1/12) times ver Finance Aaencvffi. b. i. Owner -occupied units shall remain affordable dwelling units for a period of not less than 20 years commencina on the first day following the issuance of a Certificate of Occupancy, or equivalent final building inspection, for the unit. ii. Renter -occupied units shall remain affordable dwelling units for a period of not less than 15 years commencina on the first day following the issuance of a Certificate of Occupancy, or equivalent final building inspection, for the unit; Coding: Words in type are deletions from existing law. Words underlined are additions. 9 18 M d. f. M ORDINANCE 93-2 i. The owner -occupant's household annual adiusted arose income may increase without limit following the household's purchase of the affordable dwelling unit; and ii. Resale of an affordable dwelling unit by the initial owner or any subseguent owner within the 20 year timeframe, as identified in subsection M (0 2.a.i., shall be subiect to one of the followina provisions: a. If the purchasing household is not b. Program. Coding: Words in type are deletions from existing law. Words underlined are additicns. 10 19 SEP 71993 BOOK 90 ulu433 M�, 3. BOOK 90 Far.434 ORDINANCE 93-29 i. Identify the subiect unit as an affordable dwelling unit and specify that at no time may the identified unit be utilized as a model home, construction office or other non-residential occupancy use; and ii. Identify the unit's corresponding 15 or 20 year affordability timeframe pursuant to subsection (4)(a)2.a; and iii. Identifv that the initial owner and each iv. ve iv. subsequent owner of an owner -occupied affordable dwelling unit must satisfy and comply with the windfall recapture provisions referenced in subsection (4)(a)2.d.ii.; and vii. SPecify that no provision of the restrictive covenant may be amended without the consent of the Board of County Commissioners of Indian River County. a. An applicant may obtain a density bonus by ro eczs uziiizin zne on-site arforgable dwellina unit density bonus he affordable housing density bonus shall be determined as follows: Coding: Words in type are deletions from existing law. Words underlined are additions. 11 20 ORDINANCE 93-_U % of Total Project Units Affordable A Includina Density Bonus Units) 10-208 21-308 318 + b. Bonus (Percent increase in Proiect's Maximum Density - based upon project's applicable Land Use Desianation) 108 158 208 10 - 208 20 - 308 318 + c. Bonus (Percent Increase in Project's Maximum Density - based upon project's applicable Land Use Designation) Monetary Contribution (Affordable Housina Production 38 Cost Per Unit)* % (Unit Provision Factor)** % 0.50 (Affordable Housina Production 78 Cost Per Unit)* % (Unit Provision Factor)** % 0.80 (Affordable Housina Production 108 Cost Per Unit * B (Unit Provision Factor)** B 1.20 Coding: Words in W type are deletions from existing law. Words underlined are additions. 12 21 BOOK 90 FvE 435 rSEP 71993 BOOK 90 uGE43 ORDINANCE 93-_M SECTION 5: Changes from special exception uses to administrative permit uses. on SECTION ed'to r ad as follows (all aohther portions eofithe9( of the use tle found in tableto is amend remain as adopted): RS -2 RS -3 RS -6 RT -6 Agricultural Uses Noncommercial Stable Residential Uses Guest Cottage and Servant's Quarters on SECTIONded:to read as follows ( llao her portionse found in eofithe 91 ( of the use table to is amen remain as adopted): RM -3 RM -4 RM -6 RM -8 RN -10 Agricultural Uses Noncommercial Stable Residential Uses Guest Cottaae and A A A A A Servant's Quarters SECTION 5C: A portion of the use table found in Section other portions of the 911.12(4) table to is amended to read as follows (all remain as adopted): CON -1 CON -2 CON -3 Residential Uses Guest Cottages and -- Servant's Quarters Coding: Words in type are deletions from existing law. Words underlined are additions. 13 22 M ORDINANCE 93-29_ SECTION 5D: A portion of the use table found in Section 911.10(4) is amended to read as follows (all other portions of the table to remain as adopted): Commercial Services Uses Bed and Breakfast Food and Kindred Products Fruit and Vegetable packing houses Fruit and Vegetable juice extraction Community Services Uses Educational -Services Educational Centers, including primary and secondary schools Colleges and Universities Transportation and Communication Uses Railroad/Bus Transportation Services Self-service Storage Facilities PRO OCR MED CN CL CG CH P A lA A A S P SECTION 5E: Section 971.08(12) -of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows: (12) Stables, noncommercial (administrative permit and special exception). (a) Districts -requiring administrative permit approval, (pursuant to the provisions of 971.04): Con -3, Con -2, RFD, RS -1 , RS -3, RS -6, RT -6, RM -3, RM - 4, RM -6, RM -8, RM -10. Note to Editor: Adjust remaining criteria listing to reflect deletion of item (b). SECTION 5F: Section 971..12(3)(x) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows: (3) Self-service storage facilities administrative permit). (a) District requiring administrative permit approval, (pursuant to the provisions of 971.05): CG. (See Section 971.12(41 for the self-service storaee facility Coding: Words in I type are deletions from existing law. Words underlined are additions. 14 23 SEP 71993 BOOK 0® FATE 437 r- SFP 7 1993 ORDINANCE 93-_2_q_ BOOK 90 F,AA,38 SECTION 5G: Section 971.12(4) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows: 4 Self-service storage facilities (special exception). SECTION 5H: Section 971.14(4)(a) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows: (4) Educational centers including schools, primary and secondary. (not including business and vocational schools) (special exception). .(a) Districts requiring administrative permit approval (pursuant to the provisions of 971.04): OCR, NED, CN, CL, CG JLbJ Districts requiring special exception (pursuant to the provisions of 971.05): A-1, A-2, A-3, RFD, RS -1, RS -2, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10, ROSE -4, MM -6, RM -8, Con -1, Con -2, Con -3 Nota: Adjust remaining criteria listing to reflect addition. SECTION 5I: Section 971.14(7)(a) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows: (7) College/university (special exception). (a) Districts requirinq administrative permit approval (pursuant to the provisions of 971.04): OCR, NED, CL, CG M Districts requiring special exception (pursuant to the provisions of 971.05): , A-1, A-2, A-3, RFD, RS -1, RS -2, RS -3, RS -6, RM -3, RM -4, RM -6, RM -8, RM -10. Note: Adjust remaining criteria listing to reflect addition. SECTION 5J: Section 971.26(1) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows: (1) Fruit and vegetable juice extraction and packing houses (administrative permit and special exception). (a) (b) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1, A-2, A-3, CG, CH, IL. ® Additional information requirements: A site plan meeting all requirements of Chapter 914 which shows the zoning designation of all abutting properties. (�a) Criteria for fruit and vegetable juice extraction and packing house: Coding: Words in type are deletions from existing law. Words underlined are additions. 15 24 ORDINANCE 93=29 1. The internal circulation system shall be designed in such a manner that it will not require trucks to back into the facility from any public right-of-way; 2. Retail sale of fruit and vegetables shall be allowed only _when accessory to a packing house only with a CG district; 3. No off-street parking or loading area shall be located within fifty ( 50 ) feet of a property line abutting a residentially designated property; 4. Type "C" screening and buffering shall be required along all boundaries abutting a zoning district other than the IL, IG, or CH. SECTION 5R: Section 971.41(4) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows: (4) Guest cottages and servant quarters (administrative permit and special exception use). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1, A-2, A-3, RFD, RS -1 Note: Adjust remaining criteria listing reflect deletion. SECTION 5L: Section 971.44(3) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows: (3) Utilities, public and private; Limited (administrative permit and special exception). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1, A-2, A-2. RFD, RS-11RS- 2, RS-3,--RS-6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10, RMH-6, RMH-8, AIR -1, R -SCID, ROSE -4, CRVP, OCR, MED, CN, CL, CG, CH. Note: Adjust remaining criteria listing to reflect deletion. SECTION 5M: Section 971.45(3) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows: (3) Gasoline service stations (administrative permit and special exception). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CLM Coding: Words in type are deletions from existing law. Words underlined are addit ons. 16 25 BOOK 9p PAH 439 SEP 7199 -.4A r SEP 71993 ORDINANCE 93- 29 BOOK 90 PA, F. 4 40 Note: Adjust remaining criteria listing to reflect deletion. SECTION 6: Limited expansion of special exception uses. Section 971.05(3) shall be amended to read as follows: (3) Expansions and modifications to existing special exception uses that are not planned development proiects (PD/PRD). Project applications proposing to expand an existing or approved special exception use to more than ten percent (10%) or ten thousand (10.0001 scuare feet of floor area whichever is less. above the specific land use criteria contained herein that are specified for the use(s) involved in the proposed project and shall comply with the public hearing procedures of this chapter (971). Modifications to an existing or approved special exception use that do® not expand that use to more than ten percent (10%) or to snai..i comp.iy with ail specific lana use criteria containea nerein that are specified for the use(s) involved in the proposed project. However, the public hearing provisions of this chapter shall not Expansions and modifications of \ planned development proiects SECTION 7: Site plan threshold changes. Section 914.06(1) shall be amended to read as follows: (1) Site plan thresholds. (a) Major site plans. The following projects shall constitute maior site plan projects and shall require, except as noted in Paragraph 5 below, major site plan approval. 1. Residential projects having three (3) or more dwelling units. 2. Nonresidential projects comprised of five thousand (5,000) square feet or more or new impervious surface area, or projects comprised of new impervious surface area representing more than ten (10) percent of the site/area of development, whichever is less. 3. Nonresidential projects adding or replacing two thousand (2,000) square feet or more of building gross floor area. 4. Where three (3) or more minor site plan requests or six (6) or more administrative approval requests for a single project area/site have been submitted and approved over any five-year period of time; where potential cumulative impacts exceed the criteria of a major site plan application or together may create a substantial impact, the director of the community development department may require any subsequent minor site plan or administrative approval application to be reviewed pursuant to the criteria of a major site plan. Coding: Words in type are deletions from existing law. Words underlined are additions. 17 26 a 5. ORDINANCE 93-_g 1. Residential projects invotvina =our c4: o. dwelling units; and 2. (b) Minor site plan. The following projects shall constitute minor site plan projects and _shall require minor site plan approval. 1. Any residential project, determined not be an exempted single-family development (see section 914.04) comprised of less than three (3) units. 2. Nonresidential projects comprised of less than five thousand (5,000) square -feet of new impervious surface area, unless requiring major site plan approval under section 914.06(1)(a)3. (c) Administrative approvals. The following projects shall ve 1. A modification or alteration to any project covered in section 914.04 of this chapter, consisting of less than one thousand five hundred (1,500) square feet of new impervious surface area which does not require major or minor site plan approval. 2. Improvements or activities which are required to obtain administrative approval pursuant to requirements specified in other chapters of this code. SECTION 8: Voting quorum amendments. SECTION 8A: Section 902.07(2)(c) is amended to read: (c) SECTION 8B: Section 902.07(5) is hereby amended to read: (5) Further appeals from actions by the planning and zoning commission. At any time within thirty (30) days following action by the planning and zoning commission, the applicant, the county administration, or any department thereof, or any other person whose substantial interest may be affected by the proceeding may seek review of such decision by the board of county commissioners. The decision of the board of county commissioners shall be final. At the hearing scheduled for the -purpose of considering an appeal of the planning and zoning commission's action, the board of county commissioners Coding: Words in ® type are deletions from existing law. Words underlined are additions. 18 27 L SEP 7' 199-3 BoOK90 F'v 441 BOOK 90 F�{,c 442 SFP 7 1993 ORDINANCE 93-2_L may, in conformity with the provisions of law and these land development regulations, uphold, amend, or reverse wholly or partly, the decision by the planning and zoning commission which is being appealed. Further appeals shall be followed in accordance with the same provisions of appeal procedures to the planning and zoning commission, Section 902.07(3). a SECTION 8C: Section 913.07(4)(G) is amended to read: (G) The board of county _commissioner's consideration of appeals of planning and zoning commission preliminary plat decisions. An appeal may be filed by: (1) The applicant; (2) County administration; (3) Any aggrieved person or group with an interest that will be affected by the project. An appeal of a decision on a preliminary plat must be filed with the community development department within ten (10) working days of the meeting wherein the decision appealed was rendered. Upon receipt of an appeal from the applicant the county administrator will place the preliminary plat application and all recommendations on the agenda of a regularly scheduled meeting of the board of county commissioners for consideration within .thirty (30) days. The board of county commissioners will conduct a de novo hearina. a SECTION 9: Appeals of site plan project decisions. (1) Section 914.13 is amended to read: Section 914.13. Appeals of decisions regarding site plans. The applicant; County administration; Coding: Words in type are deletions from existing law. Words underli.ned are additions. _ 19 28 M M M M . ORDINANCE 93-29_ Anv accrieved person or croup with an interest that will be affected by the proiect. SECTION 10: PD setback amendment. Section 915.16(1)(A) is hereby amended to read as follows: (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 P.D. plans. (A) The twenty -five-foot setback shall not be required where a commercial or industrial use on an adjacent property or is adjacent to property having a commercial or industrial land use plan designation. In such cases, normal setback buffer, and landscape standards shall apply. SECTION 11: Miscellaneous Amendments SECTION 11A: Section 912.07(1)p. is amended to read: (p) Screening enclosures, patios, and decks. No screening enclosures, patios, or decks shall be located closer than (10) feet to any rear property line or within any easement for utilities, drainage, or access . SECTION 11B: The RS -1 district footnote to the Section 911.07(6) table is amended to read: ''Nonconforming lots of record lawfully created prior to April 11, 1985 shall meet the RS -6 ® yard requirements. Legally created lots of record existing prior to June 18, 1991, in the A-1, A-2, and A-3 districts may be developed for one single-family dwelling each, regardless of density; provided all other regulations and codes are satisfied. These lots must meet requirements of the RS -1 district for the size and dimension criteria. Coding: Words in type are deletions from existing law. Words underlined are additions. 20 29 L_ BOOK 90 Pn;E 43 S � � 7 199 SEP 7 199 BOOK 90 Farr 444 ORDINANCE 93-2Q SECTION 11C: One line of the Section 911.10(4) use table is. amended to read: PRO OCR NED CN CL CG CH Veterinarian clinic - - - - A A A SECTION 12: Bikeway and sidewalk improvements SECTION 12A: The definition for "Primary Pedestrian Corridor" is hereby added to Chapter 901, Definitions of the Land Development Regulations to read as follows: SECTION 12B: Section 913.09(4), Design Standards and Requirements, Bikeways, is hereby deleted in its entirety and replaced to read as follows: Coding: Words in type are deletions from existing law. Words underlined are additions. _ 21 30 [ w .......... iii ial -- ORDINANCE 93-2c 1. 2. 3. 1. Exemptions. Coding: Words in type are deletions from existing law. Words underlined are additions. 22 31 BOOK 90 F',1GF 445 P Y 1993 BOOK 9 � F;kIJ ORDINANCE 93- 2. Method. When required to construct or provide a required bikeway segment(s), the developer shall: a. Construct the required bikeway segment(s) if the roadway and corresponding bikeway segment(s) are designated as a primary pedestrian corridor and if b. SECTION 12C: Section 913.09(5), Design Standards and Requirements, Sidewalks, is hereby deleted in its entirety and replaced to read as follows: Coding: Words in type are deletions from existing -law. Words underlined are additions. _ 23 32 M 6 it) a L J IIs . ;; f d( -, ;a l k _shl ) 1 l)e . =? i i_htrr - (.'„n -,t ru,'t -- I guaranL.d 101- 10i_LlI COWSLFLICLioil I��: Iu11d :..a I I k d f uqr,"m .iII's 913.Ut!{51(]x) 11 nsalol i i 5 i cin 1-]i�l1 i_ti >i ',IV rid t_ti, A11sslalidivj-siuIIs 511x11:U�.�id12 5id�r.:�11kn �tl„n�j LhO Ic,nt.i r. L roilLagk:� 01 FId j�1CQ.nL _1 sig1�laLi'Cfi 17y the t1101-0Ughfa1 ' 1+1 ilii"illi at I�t�i-I�llti,'+a`�j,1�1- C�t�.l�i.Ci:01- 1-tlaClt;a)�5 u(�llli I11�1)i1�) �U1jdt. isiU71 cullecLur ui ­subdi vi siorr i ��d•�r I-uads � , 1u11.I:ss 2 0Lh ri�.i s ind i t:a L(,d 11y rn;nL� rnnI I t ns i 1 l;l i �.;a�� Anil l 1 •`.�I l i; Lf) 1 3i.1uiI I11:.;Ilt LIPU1'1, d:'LiJrill ].1)aL.LUIl� 1�1 'Lh:' and "UinllluniLy d i l tic k�ci1-S ,I�Li1tlL _ Li1� 11c ;l i 11-■ l l l ' i l ; n,l 1 �id 11:(s) along Lhe! adlacellL l -()a(1 1 i,iI1L( 1 ronLag 'o% a si Le i s 1i1-(,(71 U, 1--d 1 1)vsiCEll l Of d0s1C111 Coils Lca.I 11Ls �•� X111 su'hdi,isions shall (r1Od1. P, C n L 1 r ell1 1'nil LcZ(� f ft f I a'i 1) cZi1 r i C)(1, 1 d signaLOd by Lhe cOL1nLV ,md sid0ialk plan aS 1)2111C1,C• sChU()1 c1C("i�HS i-ULl LOS a ild 5idel;(]11,S, shall. be 1.ocateci along _.Lll & _OnLi,-;, oil LaCJG 01: all ad]ac nL local sLY- .�Ls, and oil 13c) dus;. Of allVilli_c1-ior local. sL Lr, n a SLlbdi,,isiOil except- ullu170 on`oi, 111o?— f_ h p 1 n I l n i; i it q C 1- i L F) r i a a re S o t. i S i l 1--C:.slden Llcll SU1Jd 11'15.1 Uils a s�°ciul�n� sereing Ito mere Lhau Le;OnLy ( 20 ) 1 f>Ls t_t'rnll.naLc's 1 n a C01-dr-^-si1C' -' 11 is 1 i s I uLure, exLenSi0n O1_ the sLi-C?& t N-vc,11C1 i:h:' ul -dQ - sac is noL neoded as d,_Lernlin d Dy Lhe CounLy Lraffi-c' ngineer. ®1n such nO sidek-lal)cs shat 1 he requ.i 1' ed.M The donsiLy ,.iiLhin Lheasubdilis1011 i 'a I- sidenLial subdiVision- is noL Cgr�:aLer Li1an Lhrce, ( 3 ) units per ac? -c. 1n such .lases no sidek;al}:s sha11 be recfu i red .� Chi-- COnl111L1n1Ly - developllenL d 11: eCLOr _ an( 0L1!1� publiC, l,lOrks-; director appro�°e a . c�mpLion based upon on, -2 or morf e ov 11(, ) I I(C�,1IO;,siIIq criteria: w.- !L- .i s allLicipaLOd LhaL -:Lha usu,s (-, ) (llOn-.residcnt,ia,1 only) c;i.11. ® 110Lli:Ll-aCL Or genes-aLP-- S 1 In i i 1 Cci11i. {%r�desLriall Lraf 1, i(— nearby ng — ur 1rlann�.�(1 1 Cli3iia l li bis 11. adLC] llil L e I v Sc r L"C anticipatedc, dustrian mtrai l i� aLLrac`Led ` ur (IOrit,raL d l�V _ Ll , , i s,i L) 1 .� 7 c1nL1(-11�ai c1;,., US,.Y��r�4� ,a;(11�iI1 Li,,,_' LI �t �i_ d,fi.('....� f�13'a('(�-1,i5i_it-.� ._...(If ......ih• �(lhd i is i oil a I- if) (-,)fit p, I I i 1, 1 -:iill I,:'(J;?.s r i a n t- rel i ;! i c ; 'I'll . .1 occ) t- i ol I --() i t, I I i - , s L I I I i '. J -. ji . , 11 - , , 1 - x s L i nq s L rr,(, L c o I ld i i ') 1)." i i. plan prof,.-cfL9,0�i-M-1 ar,,such Llla)L f is anLiCipa(_ed LlIaL m)L b,_' Ul k2uLi \, e I yi ! I L (.2 (J I a1)t. I I L I (I N I , I Ml�lwd i 1, 1 1. cl r na L c: rou -1cin(Um- i tit o L ad('(Jucl L pi-?ch-sLrian i_!—alt I a i) (I elild u u r cl i I I (D L _f Lit .� i si i 11,1 <l11 I (fill) ( ( I s (I o I 11� . C) 11 S I )y Lit(, (I I )1ik2j) i i—c.-Lor and Lhe puh 1 i C x1-,)1-1--,5 d i �lL,� 2NUM 11 o 11 r ": CT Liu, s it I cl v 0, 1 (.� J i ID I a n n i n and ;i, 7-onJ jig C0111111 i ss I on Planning and zming c•o fit nif s s J n c I M i .9 i 11 cc-1(jord-ing 1 U et i'p L j- () n ft'lqui . L sr111_ - � it() 1 I I a led JW L a"i" c, ho'l j -d 0 F C. 0 Ll 1) L v '0111111 i ss i overs I U'S U UN '--'1111-) . L _L 0 115:) 3 cl , h-- 011d Opply Lo 10C�11 SLru,,:�L_S�UJJJV, c1l I d ls-�• 0') ,I pp I y Lo a 1) y colt e C L 0mr-wo I- subd ivi S -L Oil roads'- aq Iff des i gn(-1 b'-<1 0 hy -2 c lit, LhnroughI a r e plan 0 r Lila pj.1bl i VX 1-1:s f Ill Ill Ll 1l i L V d e v u.l. o pi it t , n L diruci_ur. 1 � A 1 1 -s i d: " 1; c) I k -) -, I I cl I l: 1. bu o L J_ dSL Liv 5 i (2,u L J I ci;-,I b i -,i 11: Lu 1: i o 1,1 1. pol I-ector ro(-:iduays , [our d Jocal. rod"Cl.'-fays; 1 j . 13,-, JocaL,2d _ouLside -o-i Llie ruad1�id(:� recuv'u'l:y I Ft 'c) unless p r o L 8 c L J. v e d e v -i c (- �s a r I-() v i ch, d nnnniounLahle curhs),- llavu� a cul:b CLIL and a J:alllp tur cli 0 ,i t I i n L,_:L-seCLi.on Is shedLied Iiud '11) Indian Ri vul Cmmi-v Standard Sped f icaLions (S(�,2' fjqllr('); 0111,1 , ol-cidilt r (2 11 cu d s o c i C ZI . L 1 0 11 S and - Lallciclrd.�, I — - 7" Q 1 11 ji r; - - c I I ) k I -111 cl L L I i �_2 1 ) I ct i i i I I i �j 7,U11 i jig C0111111 i SS i oil (:),CICJj L i u fla I r 1) L - o I Iv and '(I Vt I I L a 'c 1,S c I I cy s, ,ihopp I jig 'n I cs pl r ,Ill,] ()Lhor 11 i q h pr �Cl�s i_ j- i a 11 L ]-<l I I C, i L, -011(_1 Lu Lll:� CUM) . L Is 1116", FY Lo 1 (1 c i I i �_ cl o I I L )(I 'd I I i 11 If F ni (1'ea• 1061'1 ORDINANCE 93-2.9 1. Width: 2. 3. 4. feet wide : Be located outside of the roadside Coding: Words in type are deletions from existing law. Words underlined are additions. 26 35 SP 7 1993 BOOK 90 FAjF 449 m BOOK 9 PA'F 41) ORDINANCE 93-29 1. _Sidewalk Seament(s) alona Thorouahfare Plan Roadways. a. Exemptions. i. ii. b. Method. When required to construct or provide a required sidewalk segment(s), the developer shall: i. Construct the required sidewalk seament(s) if ii. Coding: Words in m type are deletions from existing law. Words underlined are additions. _ 27 36 r ORDINANCE 93-_22- 2. Sidewalk Segment(s) alone Local Roadways a. Exemptions. ii. A. It is anticipated that the uses(s) (non- residential protects only) will not attract or generate significant pedestrian traffic; B. A nearby existing or planned sidewalk Will adequately serve anticipated pedestrian traffic attracted or generated by the corresponding subdivision prosect; C. The anticipated use(s) (non-residential prosect only) or vehicular traffic characteristics of the subdivision are incompatible with pedestrian traffic; D. The location of the subdivision or existing street conditions are such that it is anticipated that sidewalks could not be effectively integrated into an existing or planned sidewalk system; Coding: Words in type are deletions from existing law. Words underlined are additions. 28 [Ih BOOK 90 PAGE 451 �Fp 71993 r SEP 7190 BOOK 90 PA;F 452 b. I i. c. ORDINANCE 93-__U E. The developer provides for an alternate route and/or improvement that adequately accommodates pedestrian traffic and movement and coordinates with existing and planned sidewalks. a Coding: Words in type are deletions from existing law. Words underlined are additions. 29 _ 38 M M ORDINANCE 93-22 SECTION 12D: Section 914.15(5), Design Standards and Requirements, Bikeways, is hereby deleted in its entirety and replaced to read as follows: Coding: Words in type are deletions from existing law. .lords underlined are additions. 30 39 SEP 7 1993 BOOK 90 FACE 4;) .(5) FUM BOOK ORDINANCE 93-_M 90 FnUE 454 -1 1. 2. 3. 1. Exemptions. 2. Method. When required to construct or provide a Coding: Words in type are deletions from existing law. Words underlined are additions. 31 40 6 a. b. n ORDINANCE 93-- SECTION 12E: Section 914.15(6), Design Standards and Requirements, Sidewalks, is hereby deleted in its entirety and replaced to read as follows: Coding: Words in type are deletions from existing law. Words underlined are additions. 32 0 SEP 7 1993 41 BOOK 90 P4455 AI l 5iL1_� �)1 Id('t:d1l:S olnllg LI1 2 rIL11':' 1rU11Lo( r1)il(J." d.�sirJnaLc'd I)';' Li1L, LhntnurJ1)jo 1 X11 -i -'1' 1 a J s:'11 ill Col I �� tol' rnad?;a\ s ( l 1) -1 ud ill,] SUIddj Vi-Sa4U11 t q lecLol: 0 z SUbdiVislu1) 1. (:.d r 'f' -eel') , U 1) lu s `84^= u L 1 lu r,;isq4indi(2aL:-,d by LJ1)c-ul !IV onll)l uhun5i U 1)i 1,CUd}' 1_111d sidU�:alk ulny h� ;�cxl'nll)Lr'd i rnnli th 1 s c:gu i r�'ni1 11L. til})I)II rill iit) t -ion, 1*` th(� pu1)li C, Oorks iul�i 1.iuuulli i_� Ii,'V(2I C)1)nli--'11 Ali 1)r1`LUrs,� s.idktall11ullg Lllu adjat:l'nt road r�ig111—I, �i l ;lir ironL�i(j )L it slir' iS 1l1('C'111di'd 1))' 1)hv'si, lI 11'S!gI1 �:oll5f.l`<11Cll.ti. X11 si.Lu plcnl.l5ru jucLs sIIcl ..iIICIUdo _LII'UL'k.>'.'is �)L sid(2t-rzllks IIUllg Llli' 'nl-J Ue L1"nni-aI( i m I ld]ace, nL 0 road W cjesi9naLod i�sllll�'1' (`nnlprehenslti'e hit--". iaVr and SiC1Piirll}� ��`Ill'In ply hi-in'j School_ access col!Lc's; allyl 5id(2l;all:s sIIa11 L) 1.ocaL olung - LII'- UIILi I, sN-ant.ago or IJ I adjacent lo(.Ol''.'=;t".r!'cirs, and on l-ini:11 side li of all inL-21:j1: local seN,c'1 L hu7. unule,-0i® mL)I:I' of L110 nUllok!inq crIj is "" of :;aLisiied: -_-1::ithin r��sidr�nLial,.hrojects -a sLr�.��i: �s�r�nl�_ni. 5':�rving no more Lhan MI Ll-renLy i- .rllilndL S 1!1 a cul-dl:-saC lihi 1 3 c1 I l!Llli.':' NL;:�nsiollf Lhc;L):V()11G? V TII d (a ,, (:' I (-) 1) e j-- I-) r 0 " Ides ,1.(,)I- ( 1 11 cl I L u I ' I I d L rout -(O and/or,,.�'im p rwc2ment, that fat aid,,, It I I -r()mmod('1 L 5 ten: d I a n L and ";j Lh in'l Ild- I p1c) - 1111(2d F, , r i ,-i i of) by L I lu commu n i r v d, ml, �11 I, rac w) q, it nd Lhq, public t.,)r t- ' dj)prol, dppL-(-)VU LhEr'Ond I L � on kj,�W�all 1--,2qLI.u5L may pJ ami i nq and :--oni ng Commi ssJ o1j.-J 1) 11"1 i Hq <1n11 ion i nq commission IS -N-empLion request_ nay he apppaled L Lh- NOW Vi Cou n LV IIMC,0111111j. S ':5 -i Onurs u r suoi)L provisions (-)[, Ch(ip!,(?r902- I 'S N U III I I (I, I (HId 1v( ci1 Lrumsnoniy, and du nuL oppl.\�. ani r:u.l lecLor oriMsubdivision f t i,der , -,� c . oods — dti ,lesignaLed by Lhol Lhoroughfarc, [AahmVi- by--,Lht, Imblic TAmrk! and -, commun j Ly d I k) pm,-' 1) Airnctor. ( C ) 51 C'j -1 1 ca L j. Of),Li - 1, . --- A I t - s j d c":,-) I l -'s shat 1 : I De a L J u, a s U, i -i v e ( 5 ) I- e e L, gide a -1 o n q -a -Le?: i a 1 and collector roadways, Ifouq (4) is , AW 11111 1 t - ),nq Jncal roadways; 1" Be I oca Led , ou Ls i de 0 L Lhu roadsids: racuva ry M-ir-ua unjust proLucLivu duvicus such- os- mmi- nloun[.ohlcurhS arC1 prm id -d; HaVe a Curb CUL and a 11-allip 1. or wh-ee-1 cha i at, call L i 11 tC I- s•0 c LJ on s I W4.130 conwrUCI-ad in accordance m, s;j Of Lit( 11111referepced IspecilicaLions and, Stallticll�:15" t"7 Lhis chal-)Le-F. -) j I ks dFu noL required a. u n g , cu I - d e 7 S a U -.jrcleq. W '.:here sidewalK are required along if COC -1 way that j t-erminaLes In a cul-de-sa Viand C sj.dek-jalks are I proposed wiLhin 1 -hum 'W-dm-sm- rr "Ardle, the sidewalks shall Ahul-de-sac circle by a design approved by Ow 1'j)Uh1jC 1101-kS C b I L I - U C: L i 0 n 1) rJ or Lo L i na.l. i I I s 1) 0 C L i C) 1) . � j d �? k, a I I ',.-i r:, 11 a I I I" i nsLallud prior to Lhu issuanCLO Of a curLj i jmIK2 of C - In liuu F! installaLioC Amch adequate V Lh,2 future installation of v.jje IJP_'` uscrowed With Lhu cAnty undur uAhar Fol LK i I L o"; j ml, c i r C u I it S La I I c e S :I)en the coun i --y i Cie t e rinj ni3s L ha L L 11.,� re ars' xisting desigq and/or installation COIW L ra i n W S U C I Ila s 1P ca I a 1 a-kiND r Cl i L C I I u S j$0 r, L11 (� M j 1) if I , i I i Ly M L, nw i AM i n sial ul I 3W!' wuud ''fOr 10i nor F Lh i j I I ;Incl grading mov -- he , req u i r, 'd i Lh s i cl i-' "': a 1 1 .- -, n S_ L.1- LI C. ('j nn . BOOK 90 FacF 458 ORDINANCE 93- 29 .(b) 1. 2. 3. 4. 1. Sidewalk Segments) along Thoroughfare Plan Roadways. a. Exemptions. Coding: Words in type are deletions from existing law. Words underlined are additions. 35 44 ORDINANCE 93-Z2_ b. Method. When required to construct or provide a required sidewalk seament(s), the developer shall: i. construct the required sidewalk segments) if ii. Coding: Words in type are deletions from existing law. Words underlined are additions. 36 45 BOOK 90 FA, BOOK L -SEP 71993 BOOK 90 FAGF 460 ORDINANCE 93-2 2. Sidewalk Segment(s) along Local Roadways a. Exemptions. A. It is anticipated that the uses(s) (non- residential projects only) will not attract or generate significant pedestrian traffic; B. A nearby existing or planned sidewalk will adeguately serve anticipated Pedestrian traffic attracted or generated by the corresponding subdivision proiect; C. The anticipated use(s) (non-residential ro ect only) or vehicular traffic characteristics of the subdivision are incompatible with pedestrian traffic; D. The location of the subdivision or existing street conditions are such that it is anticipated that sidewalks could not be effectively intearated into an existing or planned sidewalk system; E. The developer provides for an alternate route and/or improvement -that adeauately accommodates pedestrian traffic and movement and coordinates with existina and planned sidewalks. Coding: Words in type are deletions from existing law. Words underlined are additions. 37 46 b. C. ii. ORDINANCE 93-2j_ Coding: Words in type are deletions from existing law. Words underlined are additions. 38 47 SEP 7 1993 BOOR 90 FA;F 461 � J FF_ MM' Bou 90 FnIF 402 1 ORDINANCE 93- 29 SECTION 13: REPEAL OF CONFLICTING 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. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 14: CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 15: SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. SECTION 16: EFFECTIVE -DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgement that this ordinance has been filed with the Department of State of the State of Florida. Approved and adopted by the Board of County Commissioners of Indian River County, Florida On this 7 day Of Ca tamher , 1993. This ordinance was advertised in the Vero Beach Press -Journal on Augu3`' ��6 day of Auaust , 1993, and on the 31 day of 1993, for public hearings to be held on the -Z^ day of Auaust , 1993, and on the _ 7 day of September , 1993 at which time at the final hearing it was moved for adoption by Commissioner Tiepin , seconded by Commissioner following vote; aaert , and adopted by the Coding: Words in type are deletions from existing law. Words underlined are additions. M 39 48 ORDINANCE 93- 29 Chairman Richard N. Bird Vice Chairman John W. Tippin Commissioner Fran B. Adams Commissidner Kenneth R. Macht Commissioner Carolyn K. Eggert BOARD OF COUNTY COMMISSIONERS OF INDIAN MVER COUNTY By, , o 0 Z i c.4- �-.�o 0 V -- � Ridhard N. Bird, Chairmap ATTEST BY: Jef-frer K. Barton, Acknowledgement by the Department of State of the State of Florida this isth day of September , 1993. Effective Date: Acknowledgement from the Department of State received on this 20th day Of September 1 1993 at 9:30 A.M./RXK. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County Florida. APPROVED AS TO FORK AND LEGAL SUFFICIENCY. William G. Collins, II, Deputy County Attorney u\c\s\7thrnd.ldr APPROVED AS TO PLANNING MATTERS Obert N.'atir (7, - AICV I Community Devel 1 irector COUNTY T,-':.' THAT THIS IS COPY OF FILE IN THIS 0;1 z E JZFF;'EY K. BAPTPN, CLERK D.C. DATE Coding: Words in type are deletions from existing law. Words underlined are additions. 40 49 L- SEP 7 199BOOK 90 rAut 463 BOOK 90 FADE 464 -7 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 5:26 p.m. ATTEST: J. rton, Clerk 50 Richard N. Bird, Chairman