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HomeMy WebLinkAbout1994-28ORDINANCE NO. 94-28 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT, THE CONSERVATION ELEMENT, AND THE SANITARY SEWER SUB -ELEMENT OF THE COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the Board of County Commissioners adopted comprehensive plan amendment #116 (Coraci) on June 18, 1991, and WHEREAS, the Florida Department of Community Affairs (DCA) issued a Statement of Intent to find comprehensive plan amendment #116 (Coraci) not in compliance on August 15, 1991, and WHEREAS, the Board of County Commissioners adopted a compliance agreement on June 14, 1994, and WHEREAS, the Board of County Commissioners must revise the comprehensive plan according to the compliance agreement, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on September 20, 1994, after advertising pursuant to F.S.163.3184(15)(b)(2) and (c); NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendments to the Indian River County Comprehensive Plan identified in section 2 are hereby adopted, and ten (10) copies are directed to be transmitted to the State of Florida Department of Community Affairs, one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council, and one (1) copy is directed to be transmitted to Intervenor (Coraci). SECTION 2. Amendments to the Comprehensive Plan o Revision to Policy 1.5 of the Future Land Use Element, as shown on Attachment A. C Revision to Policy 1.31 of the Future Land Use Element, as shown on Attachment A. o Revision to Policy 6.1 of the Sanitary Sewer Sub -Element, as shown on Attachment A. o Revision to the Data and Analysis Section of the Conservation Element, as shown on Attachment A. o Revision to Policy 6.16 of the Conservation Element, as shown on Attachment A. ORDINANCE NO. 94- 28 The provisions of this ordinance are hereby incorporated into the County Comprehensive Plan, but shall not be codified. SECTION 4. 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. SECTION 5. Severability It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore, the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 6. Effective Date The effective date of this ordinance, and therefore, this plan amendment, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolutions shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. This ordinance was advertised in the Vero Beach Press -Journal on the 14th day of September, 1994 for a public hearing to be held on the 20th day of September, 1994 at which time it was moved for adoption by Commissioner Adams , seconded by Commissioner Eggert , and adopted by the following vote: Chairman John W. Tippin Axe Vice Chairman Kenneth R. Macht Axe Commissioner Fran B. Adams Aye Commissioner Richard N. Bird _ Aye Commissioner Carolyn K. Eggert Aye BOARD OF OF 41" , COUNTY GOlYIM�SS`1°ONERS �..... SECTION 3. Codification The provisions of this ordinance are hereby incorporated into the County Comprehensive Plan, but shall not be codified. SECTION 4. 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. SECTION 5. Severability It is declared to be the intent of the Board of County Commissioners that if any provision of this ordinance and therefore, the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 6. Effective Date The effective date of this ordinance, and therefore, this plan amendment, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolutions shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. This ordinance was advertised in the Vero Beach Press -Journal on the 14th day of September, 1994 for a public hearing to be held on the 20th day of September, 1994 at which time it was moved for adoption by Commissioner Adams , seconded by Commissioner Eggert , and adopted by the following vote: Chairman John W. Tippin Axe Vice Chairman Kenneth R. Macht Axe Commissioner Fran B. Adams Aye Commissioner Richard N. Bird _ Aye Commissioner Carolyn K. Eggert Aye BOARD OF OF 41" , COUNTY GOlYIM�SS`1°ONERS �..... ORDINANCE N0. 94-28 Acknowledgment by the Department of State of the State of Florida this 27th day of September , 1994. Acknowledgment from the Department of State received on this 29th day of September 1994, at 2:00 Av./P.M. and filed in the office of the Clerk of the Board of County—Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY G. Collins II, Deputy County Attorney Community Develo u\v\j\coraci.ord Adoved Dale nL y ° FUTURE LAND USE ELEMENT POLICY 1.5 Development of conservation land shall be limited to uses as follows C-1 Publicly owned Conservation Uses Recreational Uses C-2 Privately owned wetland and barrier island Conservation Uses Recreational Uses Residential Uses 1 unit/40 acres (on-site) 1 unit/1 acre ( Transfer Development Right) ° C-2 areas shall be generally designated on the future land use map; specific boundaries shall be established pursuant to policy 1.31 of the Future Land Use Element. C-3 Privately owned xeric scrub Conservation Uses Recreational Uses Residential Uses 1 unit/2-1/2 acres (on-site internal transfer of development rights) or 1 unit/1 acre (external transfer of development rights) ° C-3 areas shall be generally designated on the future land use map; specific boundaries shall be established pursuant to policy 1.31 of the Future Land Use Element. No residential development in C-2 or C-3 areas shall occur unless such development is approved as a planned development. The county shall require cluster development and density transfers to limit the impact of development on conservation lands* Planned Developments and clustering do not apply to single family lots along the St. Sebastian River existing prior to February 13, 1990. The following criteria shall apply to planned developments in the C-2 or C-3 areas. ° The density of the project shall not exceed the maximum density of the C-2 (for wetlands) or C-3 (for xeric scrub uplands) areas, as applicable; no density transfers from off-site lands and no density bonuses shall be permitted within PD projects on C-2 or C-3 designated lands; ° Lots created through the PD process shall not exceed one acre in size, with the remainder of the area designated as open space; ° Open space areas shall be retained as natural areas; however, up to ten percent of the open space in C-3 areas may be used for passive recreation (including nature centers and trails, scenic areas, wildlife sanctuaries and feeding stations, and picnic areas), and historical sites, as appropriate. ° Within the C-3, the total area of xeric scrub disturbed by a planned development project shall not exceed 20% of the total xeric scrub area occurring on site. ° See additional criteria in Conservation Policy 6.16. POLICY 1.31: Conservation land use designations shall be depicted on the future land use map. The exact outer boundaries of the C-2, and C-3 Conservation Districts shall be determined by environmental survey. Any area which is depicted as a C-2 (wetlands) area or C-3 (upland xeric scrub) area on the Future Land Use Map, but which is determined by environmental survey not to be wetlands (as defined in Conservation Element Policy 5.1) or xeric scrub uplands (as defined by the presence of xeric scrub vegetation and Orsino fine sand, 0 to 5 percent slopes, or Electra sand, 0 to 5 percent slopes) will have the same land use designation as the contiguous adjacent property, except for the land in the C-3 area east of the St. Sebastian River which shall be designated R, Rural land use. All areas depicted C-3 on the Future Land Use Map which have xeric scrub vegetation and Orsino fine or Electra sands will be deemed environmentally important, notwithstanding whether or not such areas meet the 5 acre minimum threshold for environmental importance established in Conservation Element Policy 6.11 for other districts in the county. The determination of the exact outer boundaries of C-2 or C-3 areas will be made by the county environmental planning staff based on verification of the vegetation and soils criteria referenced above, as applied to the environmental boundary survey conducted by the landowner/ applicant or his agent at the time of application for any development permit (other than a comprehensive plan amendment or rezoning.) The county environmental planning staff shall not make its determination of environmental importance or sensitivity until after consultation with all appropriate local, state and federal agencies* Such consultation shall be ongoing, as required for proper coordination, throughout the land development permit approval process* ° SANITARY SEWER SUB -ELEMENT POLICY 6.1: Use of on-site wastewater treatment systems shall be limited to the following conditions: ° Existing septic tank and package treatment plants may remain in service until such time as centralized service is made available; at such time the county shall enforce existing regulations requiring single family units within 200 feet of county sewer lines to connect to the county system. When service is available, all units in subdivisions within 1/4 mile of the county sewer line and all commercial/industrial uses shall be connected to the county system. Residential units and/or commercial/ industrial establishments having a health problem due to their sewer treatment system must connect to the regional system regardless of the distance. ° Use of septic tank systems for new development shall be prohibited unless ° such development meets the criteria set on the water and wastewater connection matrix on Table 3. A. 16; or ° such development consists of clustered residential development within privately owned upland conservation (C-3) areas, in which case no individual septic tank systems may be associated with individual residential units, but centralized community septic systems may be provided to each pod of clustered residential development, if such centralized community septic systems are located outside of such C-3 areas and outside any other conservation areas or areas that are environmentally sensitive or significant* ° Use of package treatment plants shall be limited to residential, commercial and light industrial development projects in areas of the county inside the 2010 Urban Service Areas which do not have access to the existing county system, with the requirement that when the county system is extended to this area, these developments must connect to the regional system and pay the appropriate fees . The county shall modify its land development regulations by September 1990, to require the developer to construct a dry line or wet line at the time of construction when the above criteria apply. ° Package treatment plants or other appropriate sanitary sewage treatment and disposal systems shall be allowed in areas of development outside of the 2010 Urban Service Area when such development meets the criteria of policies of the Future Land Use Element for: ° clustering of residential development within agricultural areas; ° clustering of residential development within privately owned upland conservation areas; or ° clustering development within mixed use districts. DATA AND ANALYSIS PAGE 68.2: ° A 1 unit per 2-1/2 acre density applied to the xeric scrub east of the St. Sebastian River (with clustering requirements) provides reasonable protection to the scrub and river, in combination with the 1 unit per 40 acre density (applying to the 125+ acres of wetlands) and a river/wetland setback buffer. The number of potential development units within the 300 acres of xeric scrub on the east side of the river is further reduced when one accounts for the approximately 125 acres of scrub already protected from development within the county's Donald McDonald Park and Boy Scout's Camp Oklawaha. The Indian River County Soil Survey identifies "Orsino fine sand, 0 to 5 percent slopes" as the soil associated with xeric scrub east of the St. Sebastian River. Relative to other soils in the county, Orsino fine sand is one of the better soils for septic tank absorption fields, with moderate limitations. Soil modifications, in combination with setback requirements from the river, would minimize ecological impacts associated with septic systems*. This issue will become moot over time on the east side of the river, however, as public sewer will completely serve the area by the year 2010 (see the Sanitary Sewer Sub -Element for reference information) . A conservation designation on the west side of the St. Sebastian River to provide resource protection would cover approximately 600 acres of xeric scrub, approximately 150 acres of wetlands border the river on the west side in the unincorporated county as well. The xeric scrub and associated wetlands on the west side of the river are presently undeveloped and largely undisturbed; the acreage is outside of the county's Urban Service Area (USA) . At a 1 unit per 2-1/2 acre density, the xeric scrub in this area would have a potential for a maximum of approximately 240 residential units. In that area that is outside of the USA, individual wells and septic systems would be prohibited in association with the residential units. To protect the watershed of the St. Sebastian River from any possible pollution, clustered residential development on privately -owned upland conservation areas would obtain potable water from privately owned public water treatment plants or centralized service, and would obtain sanitary sewage treatment from either package treatment plants, centralized community septic systems located outside of the xeric scrub area, other appropriate treatment and disposal systems, or from centralized sanitary sewer service . The county soil survey identifies "Electra sand, 0 to 5 percent slopes" as the soil associated with the scrub community west of the St. Sebastian River. The soil is classified as "somewhat poorly drained", and in its unaltered state the soil has severe limitations for septic suitability. However, even with its limitations, local SCS soils scientists identify Electra sand as one of the better soils in Indian River County for septic tank absorptions fields and indicate that all of its limitations can be overcome. Adequate amounts of suitable fill material would increase the effective depth to the water table and the restrictive layer and provide needed filtration. The risk of filtration problems can be reduced by maintaining maximum setbacks from the river and associated wetlands, and Ph can be raised in the immediate area of a septic tank to prevent corrosion to the concrete* The Solid Waste Sub -Element of the Comprehensive Plan substantially describes and analyzes hazardous waste management practices in Indian River County: The following points are summarized: ° The County Utilities Department presently has limited storage facilities at the county landfill for residentially generated hazardous waste. This facility does not accept such waste from small quantity commercial or industrial generators* Small quantity generators presently must contract with private hazardous waste haulers for the disposal of waste materials. A future expansion of the storage facility at the landfill for temporary storage of hazardous materials is proposed. ° There is apathy or ignorance regarding the impacts of improper hazardous waste disposal or illegal dumping in Indian River County, in that illegal dumping continues to be a problem. A program to educate the public concerning the economic and environmental impacts of such activities could help to address this matter. Also, an increase in the consequences of illegal dumping (i.e., fine penalties) may help to deter such problems. POLICY 6.16: The county shall protect the large undisturbed upland and xeric scrub community abutting the environmentally sensitive St. Sebastian River. Development in that area shall be consistent with future land use element policy 1.5 densities and clustered to preserve significant and connected expanses of viable xeric scrub habitat . Recognizing the undisturbed scenic and natural qualities of the river, any permitted residential development shall maintain a 100 -foot natural buffer consisting of undisturbed native vegetation measured from the mean high water mark of the river or 50 feet from the landward boundary of jurisdictional wetlands along the river or any tributary, whichever is greater. The design of any residential development shall restrict boat access to the river consistent with federal, state and local laws and regulations providing for the protection of manatees. To further protect manatees, only non -motorized boats will be allowed in association with development on the west side of the St. Sebastian River. Because of the importance of the community as an intact natural system, areas designated as set -asides must contain ecologically adequate habitat to maintain and preserve the natural functions and character of this community. No off-site mitigation for such area shall be permitted. The county shall encourage the conservation of this xeric scrub community by establishing density transfer and cluster development land use regulations to limit the impact of development on this property. Appropriate infrastructure such as central sewer service and surface water management systems may be required for the protection of the St. Sebastian River ecosystem. In addition, the following criteria must be met: ° Prior to the submittal of any plan of development, the site shall be surveyed by a qualified biologist or ecologist for the presence of plant and animal species listed as endangered, threatened or as species of special concern by the U.S. Fish and Wildlife Service, Florida Game and Fresh Water Fish Commission, or the Florida Department of Agriculture. The survey methodology shall be one y that is professionally accepted and applied. Among the species anticipated to be located on the site are the Florida scrub jay, gopher tortoise, gopher frog, Florida mouse and eastern indigo snake. ° The clustered development shall preserve 80% of the scrub habitat as part of an intact contiguous natural system and include the critical habitat needed to maintain viable populations of the listed species on-site. To the extent environmentally and economically feasible, development sites shall be selected to avoid occupied habitat in order to minimize the need to relocate threatened and endangered species . ° Access roads shall be constructed and located to avoid impacts to wildlife . In particular, access roads shall be designed to minimize any effect they may have as barriers by employing road design standards which take into account natural features and wildlife habits. Such design standards shall include, but are not limited to: minimum pavement width and shoulders; one-way roadways wherever possible, minimum swales; orientation to minimize use by animals as resting/sunning areas; reducing speed limits to under 30 miles per hour; and signage to remind users to be watchful of wildlife . ° The development pattern shall be designed to allow prescription burning of the preserve area; however, see below. ° A habitat management plan shall be prepared and approved for the scrub preserve prior to final development approval that a. includes a schedule for prescription burning in stages over time to ensure viable habitat remains for the listed species at all times. A prescribed or controlled burn is the preferred management method. In the event that excessive smoke would prevent a burn permit from being issued, then mechanical clearing of some vegetation prior to the prescribed burn would be the next best alternative to pursue. The last alternative is mechanical clearing and no use of fire. Any mechanical clearing of vegetation must avoid disturbing the soil to the extent that it affects the re-establishment of the scrub habitat, and be includes a schedule for removing exotic or intrusive plants that would displace the scrub habitat, and c . provides for management of listed species consistent with applicable local, state and federal laws, and d. prohibits and prevents domestic pets from freely roaming within the preserve, and e. prohibits construction activities and prescribed burns that would interfere with active Florida scrub jay nests during the Florida scrub jay nesting season (March 1 through June 30) , and f . includes the responsible entity for implementing the habitat management plan and includes a legally binding instrument to provide assurances of financial and institutional ability to carry out the management plan, and g. provides for monitoring to evaluate the effectiveness of the management plan and make revisions as necessary. ° The U.S. Fish and Wildlife Service and the Florida Game and Fresh Water Fish Commission will be requested to help develop and approve the habitat management plan.