HomeMy WebLinkAbout2018-020ORDINANCE 2018- 020
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING
AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING
FOR AMENDMENTS TO CHAPTER 914, SITE PLAN REIVEW AND APPROVAL
PROCEDURES; BY AMENDING SECTION 914.07, ADMINISTRATIVE APPROVALS AND
MODIFICATIONS TO APPROVED SITE PLANS; AND SECTION 914.14(4), CONCEPTUAL
SITE PLANS, SUBMITTAL AND INFORMATIONAL REQUIREMENTS; 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, SITE PLAN REIVEW AND APPROVAL
PROCEDURES, BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Section 914.07 - Administrative approvals and modifications to approved site
plans by creating sub -section 914.07(1)(c); as follows:
(1) [Generally.] Administrative approvals apply to all uses which require site plan approval
under section 914.04 of this chapter. The intent of the Administrative Approval process is to
provide a mechanism for minor alterations to the condition of a site or structure or the
establishment of minor facilities and structures.
(a) Threshold. Administrative approval is required for additions, removals or alterations, or
the establishment of a new facility or structure to a project site, which constitutes an
increase of less than one thousand five hundred (1,500) square feet of new impervious
surface.
(b) Administrative approvals may be required for other types of structures or site
modifications, when specifically required in other sections of the land development
regulations.
(c) Conceptual administrative approvals may be obtained in order to satisfy the
conceptual site plan approval requirements for affordable housing "grant"
applicants seeking funding assistance. Conceptual administrative approvals shall be
initially reviewed at a formal pre -application conference, if required, per Section
914.06(2), and then shall follow the administrative approval review procedures of
Section 914.07(2).
SECTION #2:
Amend LDR Section 914.14(4) Conceptual site plans; submittal and informational
requirements; as follows:
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ORDINANCE 2018- 020
(a) The intent of the conceptual site plan and process is to approve the use, scope, level of
intensity, and scale of the proposed project. Also, the concept plan may address and allow
approval of specific and detailed, project -wide, design requirements (eg. drainage,
landscaping, parking provisions) that satisfy applicable development regulations. Such plans
may be approved for the level of detail covered by the site plan application, as reviewed and
approved by staff. Approval of the conceptual plan shall vest the project in relation to county
development regulations, at the level of detail of information and design indicated on the
approved plans. The design of the overall project will be considered as it relates to general
site plan requirements and any applicable specific review criteria contained in Chapter 971.
Conceptual site plan applications may be submitted as requests for approval of special
exception, administrative permit, or permitted uses. If a conceptual site plan request is
approved, a separate and complete, "final" site plan application shall be submitted, reviewed,
approved, and released (as specified in this Chapter 914), prior to issuance of a building
permit for all or a portion of the development project. Conceptual site plan approval for
affordable housing proiects seeking funding assistance shall follow the conceptual
administrative approval process outlined in Section 914.07(1)(c).
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 #6: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 2nd day of september , 2018, for
a public hearing to be held on the 18th day of september , 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
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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 18th •'yc`}? s,
September , 2018.
BY:
Peter D. O'Bryan, C a &q ;Q �
ATTEST: Jeffrey R. Smith, Clerk of Court and Cox;,
BY: �/ V
Deputy Clerk
This ordinance was filed with the Department of State on the following date: September 19, 2018
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Dylan Reingold, Count Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AICP j Co munity Development Director
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