HomeMy WebLinkAbout2018-004ORDINANCE 2018- 004
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING
AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING
FOR AMENDMENTS TO CHAPTER 914, SITE PLAN REVIEW AND APPROVAL
PROCEDURES; BY AMENDING SECTIONS 914.06(1) AND 914.06(5) GENERAL
THRESHOLDS AND PROCEDURES FOR SITE PLAN REVIEW AND APPROVAL,
SPECIFICALLY; AND BY AMENDING SECTION 914.14(3) GENERAL SUBMITTAL
REQUIREMENTS 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 THRESHOLDS AND PROCEDURES
FOR SITE PLAN REVIEW AND APPROVAL, BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Section 914.06 (1), "Site plan thresholds"; as follows:
(1) Site plan thresholds.
(a) Major site plans. The following projects shall constitute major site plan projects and shall
require, except as noted in paragraph 4 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. 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.
4. The following major site plan projects shall require the same approval process
required of minor site plan projects:
a. Residential projects involving four- (4) offewef dwelling nits; �' that
b
constitute a permitted use and that propose less than 25 residential units.
b. Nonresidential projects involving less than one hundred fifty thousand (150,000)
square feet of new impervious surface area, regardless of new building area
amount.
(b) Minor site plan. The following projects shall constitute minor site plan projects and shall
require minor site plan approval.
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ORDINANCE 2018- 004
1. Any residential project, comprised of less than three (3) units determined not be an
exempted single-family development (see section 914.04).
2. Nonresidential projects comprised of less than five thousand (5,000) square feet of
new impervious surface area.
3. Nonresidential projects adding or replacing two thousand (2,000) square feet or more
of building gross floor area that do not constitute a major site plan.
(c) Administrative approvals. The following projects shall constitute administrative approval
site plan projects and shall require administrative approval.
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 #2:
Amend LDR Section 914.06 (5), "Departmental review of site plan applications"; as
follows:
(5) Departmental review of site plan applications.
(a) Coordinating division. The planning division shall be responsible for the coordination of
all site plan reviews. Applicants shall submit all applications and materials to the planning
division.
(b) Completeness review:
1. The planning division shall review all applications to ensure completeness before
distribution to reviewing departments and agencies. Only complete applications will
be distributed to the reviewing departments and agencies. Failure to submit required
application material will result in the application material not being distributed; the
application will be deemed incomplete. Planning staff shall notify the applicant
withinfive three (3) working days of submittal if the application is incomplete
and will route the proposed site plan within three (3) working days of a
determination of application completeness.
2. Applicants shall have thirty (30) days from the notice of an incomplete application
to complete the application; failure of the applicant to complete the application
within the thirty (30) day period shall void the application request.
3. Once the application is deemed to be complete, it will be distributed by the planning
division for departmental review, and consideration at the appropriate TRC meeting.
(c) Application distribution for review. For complete applications, the planning division shall
distribute all appropriate application material(s) to the appropriate TRC members, all
appropriate county departments, and other state, regional and local review agencies.
(d) TRC review and comments. Each TRC member shall review the application and submit
written comments to the planning division withineleven (11 1.Teighteen (18) days after the
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ORDINANCE 2018- 004
routing of the site plan application materials and prior to the date -the appheation is
seheduled, ley -the planning division -to be-eo erect at a-T—R meeting. -TRC meeting
date at which the application is scheduled to be considered.
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. The technical review committee shall consider each
application, shall complete a technical evaluation of the site plan application, an4-shall
identify any deficiencies or discrepancies, and for 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. Complete and final comments on all applications
considered at the TRC meeting shall be assembled and forwarded to the applicant within
four (4) working days. A pplie ations At the discretion of the technical review
committee, applications with substantial deficiencies may, upon post -TRC re-
submittal, be rescheduled for re review by the r-eview eomfnittee-awe
dis do f4he at another technical review committee meeting.
(e) Resubmission, staff -level approval, and scheduling major site plans for planning and
zoning commission consideration. The applicant's response to the TRC comments shall
consist of five (5) revised plan sets, a traffic study if required by Chapter 952
regulations, a concurrency certificate or evidence of application for a concurrency
certificate if required by Chapter 910 regulations, and an itemized letter that recites
each staff comment, details detaAing-how all of the diser-epaneies have been adequately
addressed each comment has been adequately addressed, and states where any
corresponding plan revision can be located. Once all defieieneiescomments have been
adequately addressed, all technical and informational requirements met, and the
commenting members of the TRC have recommended approval or approval with
conditions on the application, the application shall be approved by the community
development director or his designee if staff -level approval, or scheduled for
consideration before the planning and zoning commission if not staff level approval.
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.
(f) Approval of minor site plans. The TRC is authorized to approve, approve with conditions
or deny minor site plan applications not requiring administrative po..,'+ Planning and
Zoning Commission approval. Within seven (7) working days after the applicant submits
to staff a complete response to TRC comments (also known as a resubmittal), the county
shall either issue site plan approval ora comment letter. Once all
commenting TRC members have reviewed and approved the applicant's responses to
comments, the minor site plan shall be signed and approved. All approved minor site
plans shall be signed by the community development director or his designee. Appeals e€
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ORDINANCE 2018- 004
(g) For all site plan applications that are not associated with a request involving a public
hearing but are required to be reviewed by the Planning and Zoning Commission, the
applicant shall submit the following along with his response to TRC comments and
revised site plans:
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.
(h) Appeals of decisions made by the community development director or by the TRC
may be made by applicants pursuant to the provisions of Section 914.13.
SECTION #3:
Amend LDR Section 914.14 (3), "General submittal requirements"; as follows:
(3) General submittal requirements.
(a) Three (3) surveys meeting the minimum technical standards and containing the
information required in section 914.14(9), are required for major site plans, and may be
required by the community development director for minor site plans and administrative
approvals.
(b) Ten (1) plan sets containing all the information required in this section (914.14). If a
formal pre -application conference was held for the project, the applicant shall submit 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.
(c) A completed and signed site plan application form (furnished by the planning division).
(d) A completed and signed land clearing and tree removal permit application pursuant to
Chapter 927, or a completed acknowledgement form (furnished by the planning division)
stating that no tree removal and/or land clearing as defined in Chapter 927 is to take place
on-site.
(e) When applicable, a completed stormwater management application and two (2) copies of
the stormwater report pursuant to the requirements of Chapter 930.
(f) A landscape plan meeting the requirements of Chapter 926.
(g) A copy of the deed for the subject property.
(h) Written authorization from the property owner(s) if the applicant/agent is other than the
property owner(s).
(i) A concurrency certificate, or evidence of application for a concurrency certificate, or a
copy of the approved traffic methodology for the development proiect.
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ORDINANCE 2018- 004
(j) For minor site plans and administrative approvals, the community development director
or his/her designee may waive or modify submittal, information, tabulation, or any other
application requirements if he/she deems that such information is not necessary or
appropriate for a review of the proposed project.
(k) Traffic impact analysis of stcAement study. All proposed developments which are
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determined to generate ethousand '�POTtrips pday or- -mere,r-a4e bet"��~
enefour hundred (4-004UO or more average daily trips^^a nine ><,,,ndrea ninety nine
(999) tfips, or mare located at a critical transportation location; as determined by the
public works director, shall submit a traffic impaet analy4s—I!Hgy pursuant to the
requirements of Chapter 952 prior to the post -TRC resubmittal. All projects generating
between enefour hundred (4-004kOD or more average daily tri psa-fldnine hundred
ninety nine (999) tfips shall submit traffic impact statements studies prior to the post -
TRC resubmittal.
(1) A shared (non -concurrent) parking study shall be required where there is a proposal by
the applicant to reduce normal parking requirements pursuant to section 954.08 of the
land development regulations.
SECTION #4: 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 #5: 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 #6: 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 97: EFFECTIVE DATE
This Ordinance shall take effect May 1, 2018.
This ordinance was advertised in the Press -Journal on the 25 th day of February, 2018, for a
public hearing to be held on the 13t1 -,day of March , 2018, at which time it was moved for
adoption by Commissioner zorc , seconded by Commissioner Pi P.,cYtc-_r , and adopted
by the following vote:
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ORDINANCE 2018-004
Chairman Peter D. O'Bryan AYE
Vice Chairman Bob Solari AYE
Commissioner Susan Adams AYE
Commissioner Joseph E. Flescher AYE
Commissioner Tim Zorc AYE
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
The Chairman there upon declared the ordinance duly passed and adopted this 13th day of
Marrh , 2018. . •..at� C
Peter D. O'Bryan,
ATTEST: Jeffrey R. Smith, Clerk of Court and
Deputy Clerk
This ordinance was filed with the Department of State on the following date:7yI
a/� IA 0/g,
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Dylan Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
u�
Stan Boling, ; Community Development Director
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