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HomeMy WebLinkAbout12/4/1996� MINUTEIRTTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A SPECIAL MEETING WEDNESDAY, DECEMBER 4,1996 5:01 P.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street Vero Beach, Florida COUNTY COMMISSIONERS Fran B. Adams, Chairman (District 1) Carolyn K. Eggert, Vice Chairman (District 2) Caroline D. Ginn (District 5) Kenneth R. Macht (District 3) John W. Tippin (District 4) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 5:01 P.M. First Hearing: Review of Proposed LDR (Land Development Regulation) Amendments Not Related to Communications Towers (memorandum dated November 25, 1996) 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 proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the county's Americans with Disabilities Act (ADA) coordinator at 567-8000 x408 at least 48 hours in advance of meeting. Meeting roa TCI Cable Chan CI - rebroadcast through S: 00 p.m. Friday Falcon - rebroadcast Friday evening ma 99 ok(4051— SPECIAL MEETING December 4, 1996 The Board of County Commissioners of Indian River County, Florida, met in Special Session in County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, December 4, 1996, at 5:01 p.m. Present were Fran B. Adams, Chairman; Carolyn K. Eggert, Vice Chairman; John W. Tippin; and Caroline D. Ginn. Commissioner Kenneth Macht was absent from the meeting on other business. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia "PJ" Jones, Deputy Clerk. The Chairman called the meeting to order. LAND DEVELOPMENT REGULATION AMENDMENTS The Board reviewed the following Memorandum dated November 25, 1996: TO: James E. Chandler County Administrator rDIS ON HEAD CONCURRENCE: i /'' A l,, Obert M. Keating, AICP " Community Development D rector ./491 FROM: Stan Boling, AICP DATE: November 25, 1996 Planning Director SUBJECT: First Hearing: Review of Proposed LDR (Land Developmen, Regulation) Amendments Not Related to Communications Towers It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its special meeting of December 4, 1996. BACKGROUND: Over the last several months, staff has initiated several LDR amendment proposals and has received one amendment proposal from attorney Michael O'Haire on behalf of Karl Hedin. These amendments are not related to communication tower issues., have been reviewed by the Professional Services Advisory Committee (PSAC) and the Planning and Zoning Commission, and have been consolidated into a single, proposed ordinance (see attachment #5). The Board of County Commissioners will consider the proposed ordinance at two hearings (December 4th and December 17th). At the first hearing, it is the Board's duty to consider each amendment and direct staff to make any changes deemed necessary. At the second hearing, the Board will need to take final action on the proposed ordinance. 1 DECEMBER 4, 1996 800E 99 pn In52 BOOK 99 Fh,C4 n 53 ANALYSIS: The LDR amendment proposals under consideration cover the following topics: 1. Modifications to extend land development permit and preliminary plat approval timeframes. 2. Restatement of special setbacks for utility sheds. 3. Minor revisions/update of handicap parking requirements. 4. Clarification of concurrency criterion for accessory dwelling units. 5. Referencing "fueling position" rather than "pump" regarding the traffic impact fee category for gasoline sales. 6. Allowing car washes in the CL (Limited Commercial) zoning district as a permitted use. 7. Codification of the adopted Wabasso Corridor Plan development requirements. Each topic is covered under a subsection of the proposed ordinance (see attachment #1). 1. Extension of Land Development Permit and Preliminary Plat Approval Timeframes. Last spring, at the request of developer Deb Robinson, the Board of County Commissioners directed staff to initiate consideration of changes to the county's existing land development permit (LDP) timeframes. The topic of LDP and preliminary plat approval timeframes was discussed in general at the May 23, 1996 PSAC meeting. At its following meeting on July 18, 1996, the PSAC formally considered specific LDP and preliminary plat approval timeframe changes and made a specific recommendation for the Board of County Commissioners to adopt the changes now contained in the proposed amendments (see attachment #2). Under the county's subdivision development process, subdivision developers must first obtain approval of a preliminary plat from the Planning and Zoning Commission. The preliminary plat provides the lay -out and dimensions of lots, road rights-of-way, easements, stormwater management tracts, and other essential project parameters. The developer must next obtain a land development permit (LDP) from the Public Works Department. That permit allows construction of subdivision improvements (i.e. roads, utilities, drainage improvements), is based upon detailed engineering drawings, and must be consistent with the approved preliminary plat. Because the LDP is dependent upon the preliminary plat, staff reviewed the approval timeframes for each. Under the existing LDRs, preliminary plat approval is valid for 11 years and may be extended one time. for an additional 1J years (3 years total). However, the existing LDRs also allow preliminary plats to cover several phases over a long period of time (20 years), based upon a phasing schedule that can be approved with the preliminary plat. LDPs are currently valid for 11 years and may be renewed or extended multiple times. The reason that the Board directed staff to have the LDP timeframes extended is to provide the subdivision developer a longer period of time for a "locked -in" detailed engineering design that is covered by the LDP. By allowing a longer guaranteed LDP timeframe, the developer has a more realistic opportunity of obtaining financing and timing subdivision construction in keeping with market forces. DECEMBER 4, 1996 r The proposed changes include the following: Changing the preliminary plat approval timeframe from 18 months to 5 years (still allowing for multi -phased project approval), while continuing to allow preliminary plat approval extension. Requiring preliminary plat approval extension requests to be -reviewed by the Planning and Zoning Commission rather than by the Board of County Commissioners. Establishing a review criterion for extension requests and allowing conditions to be attached to extension approvals. In staff's opinion, the proposed changes will not result in construction of projects that would be significantly inconsistent with up-to-date standards, will allow for more realistic flexibility for developer market timing, and will grant the Planning and Zoning Commission authority to approve extensions. Such involvement by the Planning and Zoning Commission is logical, since it is the Commission that grants approval of preliminary plats originally. Recommendations: The Planning and Zoning Commission, PSAC, and staff recommend approval of the proposed change. 2. Restatement of Special Setbacks for Utility Sheds. In a previous LDR amendment, regulations for utility shed setbacks were modified in zoning chapter section 911.15(2)(x). A parallel section in the single-family development chapter (Chapter 912) needs to be amended to be consistent with the previous change made to 911.15(2)(K). Therefore, the change is needed for consistency. Recommendations: The Planning and Zoning Commission, PSAC, and staff recommend approval of the proposed change. 3. Minor Revisions/Update of Handicap Parking Requirements. Handicap parking requirements are correctly addressed in section 954.07(2) of the off-street parking chapter. That section is consistent with state handicap requirements, which are backed by state and federal expertise on the subject of handicap parking requirements. However, out-of-date handicap parking requirements are currently contained in section 954.05(36) which references out-of-date handicap parking standards for medical uses. Since the handicap requirements in that section are inconsistent with state requirements and section 954.07(2), the handicap requirements in section 954.05(36) should be deleted to be consistent with up-to-date requirements. Recommendations: The Planning and Zoning Commission, PSAC, and staff recommend approval of the proposed change. 4. Clarification of Concurrency Criterion for Accessory Dwelling Units. Accessory dwelling units, which are allowed in single family residential areas as an administrative permit use, are regulated by the specific land use criteria in section 971.41(10). One of the 12 listed criteria contains a concurrency requirement that needs to be corrected to be consistent with the current concurrency procedures of chapter 910. The proposed amendment makes the necessary correction. Recommendations: The Planning and Zoning Commission, PSAC, and staff recommend approval of the proposed change. 3 DECEMBER 4, 1996 BOOK 99 pAcEI054 FF,_ BOOK 99 FnI0 55 5. Referencing "Fueling Position" Rather Than "Pump". For years, County staff has interpreted the traffic impact fee (TIF) ordinance's "per pump" unit of measurement wording for gas stations to mean "per fueling position". Staff's reasoning is that Institute of Traffic Engineers (ITE) rates, which are the basis for current gas station TIF rates, are based on fueling positions rather than actual pump equipment configurations. In a recent TIF assessment interpretation appeal, the County Administrator agreed with staff and directed staff to clarify the TIF ordinance to reference "per fueling position" rather than "per fuel pump" unit of measurement for gas station TIF rates. The proposed amendment does so. Recommendations: The Planning and Zoning Commission, PSAC, and staff recommend approval of the proposed change. 6. Car Washes in the CL District. Recently, Attorney Michael O'Haire on behalf of Karl Hedin filed an LDR amendment application to allow car washes as a permitted use in the CL (Limited Commercial) district. The intent of the CL district, stated in LDR section 911.10 (2)(e), is to allow restricted commercial activities to accommodate convenience retail and service needs of area residents. Over the last several years, the Board of County Commissioners has approved LDR amendments expanding CL uses to include limited automotive repair and maintenance uses as well as personal self -storage uses. As such, the county considers limited automotive services as necessary to meet convenience needs of area residents. In staff's opinion, it is consistent with currently allowed CL district uses to allow car washes that do not involve repair uses as a permitted use in the CL district. The proposed amendment would allow "car washes (no repair uses)" as a permitted use in the CL district. Recommendations: The Planning and Zoning Commission, PSAC, and staff recommend approval of the proposed change. 7. Wabasso Corridor Plan Codification. On November 21, 1995, the Board of County Commissioners adopted the Wabasso Corridor Plan which, among other things, established new "aesthetic enhancement regulations" applicable to new development projects within the corridor plan area (see attachment #3). The Plan specified special development regulations addressing several development project aspects, including: uses, free- standing signs, roofs and basic architectural features, colors, special screening, landscaping, buffering, task force review opportunities, nonconformities, and variance provisions. Although the Board's adoption of the plan put these requirements into effect in November 1995, these requirements need to be codified into the LDR's. The attached amendment proposal does just that, establishing within the LDRs special additional regulations for projects in the corridor plan area. At its September 27, 1996 meeting, the PSAC reviewed the proposed codification and suggested a few clarifications. Those clarifications have been incorporated into the proposed amendment. Recommendations: The Planning and Zoning Commission, PSAC, and staff recommend approval of the proposed change, which now incorporates changes to the variance provisions section that were recommended by the county attorney's office at the October 24, 1996 Planning and Zoning Commission meeting. 4 DECEMBER 4, 1996 � � r RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1. Direct staff to make any necessary changes to the proposed ordinances; and 2. Announce its intentions to take final action on the proposed ordinances at the Board's special hearing scheduled for 9:05 a.m. ozl December 17, 1996, to be held in the County Commission Chambers. Planning Director Stan Boling reviewed the proposed Land Development Regulation amendments with the Board and advised that the Professional Services Advisory Committee, the Planning and Zoning Commission and staff have all reviewed the proposed amendments and staff is recommending that the Board adopt the proposed ordinance. The second hearing on this proposed ordinance is scheduled for December 17, 1996 at 9:05 a.m. There are 7 items in the Ordinance which will require some discussion and instruction to staff: 1) Extension of Land Development Permit and Preliminary Plat Approval Timeframes: 2) Restatement of Special Setbacks for Utility Sheds: 3) Minor Revisions/Update of Handicap Parking Requirements: 4) Clarification of Concurrency Criterion for Accessory Dwelling Units: 5) Referencing "Fueling Position" Rather Than "Pump": 6) Car Washes in the CL District: - The CL district is found only on major arterial roads with no CL districts on the barrier island: 7) Wabasso Corridor Plan Codification: Commissioner Eggert questioned how staff is now handling Item 5, and Community Development Director Bob Keating responded that the technology has changed over the years. In 1986 1 pump equalled 1 fueling position. The policy regarding fueling position has changed in the last few years as 1 pump may equal 6 to 8 fueling positions now. This item is included to incorporate the current policy into the rules. County Administrator Jim Chandler confirmed that staff has consistently applied the current policy and this is simply a change in definition to clarify the policy. Karl Hedin of 3003 Cardinal Drive stated that he is contemplating a Route 60 super station with a number of pumps. These pumps may have only 1 hose with 3 grades of gas which is blended before it gets to the nozzle. 5 DECEMBER 4, 1996 BOOK 99 PA.GF1WE) BOOK 99 F,n4057 Commissioner Ginn questioned whether signs in connection with the Wabasso Corridor Plan would remain the same throughout the county, and Director Boling advised there would be some lessening in size with the height limited to 10 feet. Because of the reduction in height and size, the signs will be allowed to be a little closer to the road, up to 1 foot of the right-of-way. Chairman Adams opened the public hearing and asked if anyone in the audience wished to address any of the land development regulation changes that are proposed tonight that we have not already discussed. Bev Robinson inquired whether the Wabasso Corridor Plan specifies the types of landscaping people have to use. Director Boling referred to Page 9 of the proposed Ordinance which is the beginning of the list of required landscaping. Ms. Robinson felt it is a mistake to limit the landscaping so severely because we are in an area where the tropics begin and there are many other plants that don't freeze. Director Boling explained that this approach has not been taken on SR -60; the Wabasso Corridor is a theme area. Karl Hedin stated that his site plan was approved by staff with stipulations and they have been very flexible as long as the landscaping is within the general theme. In response to Commissioner Tippin's inquiry, Mr. Hedin advised that he will use reuse water as reclaimed water is very desirable to use in a car wash. Altamonte Springs is using reuse water widely. Chairman Adams inquired whether anyone else wished to be heard in this matter. There being none, she closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Ginn, the Board unanimously approved submitting the ordinance to the next public hearing on December 17, 1996 at 9:05 A.M. 2 DECEMBER 4, 1996 � � r There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 5:24 p.m. ATTEST: J. rton, Clerk Minutes Approved: / 7-9-7 VA DECEMBER 4, 1996 Fran B. Adams, Chairman BOOK 99 FAGF`a58