The URL can be used to link to this page

Home My WebLink About2018-003ORDINANCE 2018- 003 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 913, SUBDIVISIONS AND PLATS; BY AMENDING SECTIONS 913.07(4)(A) AND 913.07(4)(F) SPECIFICALLY; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRs) CHAPTER 914, GENERAL SUBMITTAL REQUIREMENTS AND CHAPTER 913 SUBDIVISIONS AND PLATS, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 913.07 (4)(A), "Preliminary plat application and review submission of application"; as follows: (4) Preliminary plat application and review. (A) Submission of application. 1. Upon completion of the formal pre -application conference, the applicant may apply for preliminary plat approval. At his or her option, an applicant may simultaneously apply for preliminary plat approval and for land development permit review. No land development permit may be issued until the preliminary plat is approved. An applicant shall apply for preliminary plat approval by furnishing to the community development director: a. A complete application form, as provided by the community development department; b. The appropriate filing fee established by the board of county commissioners; c. Ten (1) sets of the plat drawings and a written response to each item in the project's pre -application conference discrepancy letter or a written description of all revisions made to the project plans since the pre -application conference review; d. Two (2) sealed surveys; e. One (1) aerial of the site with overlay of project showing the surrounding two hundred (200) feet of adjacent properties; f. Two (2) copies of the owner's deed; g. If an agent is used, a letter from the property owner authorizing the agent to function on his behalf, plus one copy of the letter; h. Two (2) copies of a tree and vegetation survey showing the boundaries and acreage of environmentally sensitive areas (see Chapter 928) and environmentally significant areas (see Chapter 929), where such areas exist on- site. Bold Underline: Additions to Ordinance Stkethroug : Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 913.07(4)(A) and (F) - Preliminary Plat application and review.docx ORDINANCE 2018- 003 i. An initial or conditional concurrency certificate= or evidence of application for a certificate, or a copy of the approved traffic methodology for the development proiect. The community development director or his designee shall determine whether or not an application is complete and can be routed for interdepartmental review. No incomplete application shall be routed for review. The applicant shall be notified as soon as an incomplete determination has been made. SECTION #2: Amend LDR Section 913.07 (4)(F), "Reviews"; as follows: (F) Reviews. Technical review committee review. a. Within three (3) working days of a preliminary plat application, the community development department shall make an application completeness determination and shall contact the applicant if the submittal is determined to be incomplete. The Within three (3) working days of a determination of completeness, the community development department will forward one copy of the proposed preliminary plat to each of the county divisions or other interested agencies within dffee (3) .,,,,,.king days of the ;�;*;,i submittal of the pr-elifninafy plat for their review and written comments or approval. b. Within eleven (11) eighteen (18) days after the receipt of the routing of the preliminary plat and prior to the -tete -the appnettio=is-seheduled to be lered-at�'-a- RG meeting,-T-Rr ,,.,i e fs shall „,mit to the plaf ing division written staff appf,,yals „r the iden4 fieat e of any diser-epaneie TRC meeting date at which the application is scheduled to be considered, each TRC member shall review the application and submit written comments to the planning division. Prior to each TRC meeting, the planning division shall conduct an inter -departmental staff coordination meeting to coordinate draft comments and transmit post -coordination meeting draft comments to the applicant by email or similar medium prior to the TRC meeting. - c. At a technical review committee (TRC) meeting, the discrepancy comments will be reviewed. d. The community development department shall, within four (4) working days from the TRC meeting, transmit a comment letter to the applicant or his engineer identifying all of the discrepancies pertaining to the preliminary plat that were discussed at the TRC meeting. Each comment shall either indicate that the comment involves a code, safety, or engineering requirement or that the comment is advisory. Comments shall consist of the draft comments and items discussed at the TRC meeting. Bold Underline: Additions to Ordinance Strike thFO •gh:: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018-_ 913.07(4)(A) and (F) - Preliminary Plat application and review.docx 2 ORDINANCE 2018- 003 e. The applicant shall respond, in writing, to each comment following receipt of the discrepancy letter and submit five (5) sets of a revised preliminary plat if deemed necessary by the community development staff with a written response to each item in the project's TRC discrepancy letter t1aee au the Ylamuug andzoningend f appfeval. Each response must recite the subiect staff comment, adequately address the comment, and indicate where any corresponding revision has been made on the preliminary plat. If the preliminary plat requires PZC approval, the applicant's written response shall include a separate document that verifies the duration of the required sign posting and summarizes all contacts with the public. The summary shall, at a minimum, describe the nature of contacts (e.g. from nearby resident, by phone), the types of comments received, and changes to the project proposal (if any) based on comments received. f. The TRG m feview of the pr-ejeet by TRC members to be disetisse At the discretion of the technical review committee, applications with substantial deficiencies may, upon re -submittal, be scheduled for re -review at another technical review committee meeting. g. As part of the post -TRC re -submittal, a traffic study shall be submitted if required by Chapter 952 regulations and a concurrency certificate or evidence of application for a concurrency certificate shall be submitted if required by Chapter 910 regulations. gh. Once all TRC comments have been adequately addressed, the community development department shall approve the preliminary plat if the plat is a road plat or a plat for a residential subdivision and provides for less than 25 residential lots or units. All other preliminary plat applications that are not staff -level approval and that have been signed -off by the TRC members shall be scheduled the applieation for consideration at the soonest available planning and zoning commission meeting. 1. An applicant may request, at any time in the review process, that the application be forwarded to the planning and zoning commission for consideration. Said request shall be submitted to the planning division in writing and shall acknowledge that, in staff s opinion, the application is not ready for consideration due to a lack of adequate responses to staff and/or reviewing agency comments. 2. Planning and zoning commission review and action. Upon completion of the county staff review, the preliminary plat plans and application, along with recommendations, will be forwarded to the Indian River County planning and zoning commission for review and consideration for approval. The decision of the planning and zoning commission shall be final unless the application is appealed to the board of county commissioners. Any approval shall be noted on the preliminary plat in the following form: CERTIFICATE OF APPROVAL BY PLANNING AND ZONING COMMISSION Bold Underline: Additions to Ordinance Strike Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 913.07(4)(A) and (F) - Preliminary Plat application and review.docx kI ORDINANCE 2018- 003 THIS IS TO CERTIFY, That on February 8, 2018 the Indian River County Planning and Zoning Commission approved this preliminary plat. Alan Polackwich (Chairperson) SECTION #3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION 46: EFFECTIVE DATE This Ordinance shall take effect May 1, 2018. This ordinance was advertised in the Press -Journal on the nth day of FPr, 2018, for a public hearing to be held on the 13thday of March , 2018, at which time it was moved for adoption by Commissioner Zorc , seconded by Commissioner Flescher , and adopted by the following vote: Chairman Peter D. O'Bryan AYE Vice Chairman Bob Solari AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Tim Zorc AYE Bold Underline: Additions to Ordinance StFike through: Deleted Text from Existing Ordinance F:ACommunity Development\CurDevAOrdinances\20180rdinances\2018- 913.07(4)(A) and (F) - Preliminary Plat application and review.docx 4 ORDINANCE 2018- 003 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this 13th day of March , 2018.•• .�y GpM1IM! L�.� ` � Jia SS �,,�'•. BY: Peter D. O'Bryan, Cha man ATTEST: Jeffrey R. Smith, Clerk of Court and?�� ' o? �R couNr �. BY: Deputy Clerk This ordinance was filed with the Department of State on the following date:` Q/1C� /6z"R y APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP;( mmunity Development Director Bold Underline: Additions to Ordinance Strike t;raugha Deleted Text from Existing Ordinance F:ACommunity Development\CurDevAOrdinances\20180rdinances\2018- 913.07(4)(A) and (F) - Preliminary Plat application and review.docx