HomeMy WebLinkAbout1999-09•'� • •• ITS
011.
AN OR-DINANCE OF INDIAN RIVER COUNTYFLORIDA AMENDING THE TEXTOF 1
INTERGOVERNMENTALFUTURE LAND USE AND ••• • OF
DATE,INDIAN RIVER COUNTY COMPREHENSIVE PLAN; AND PROVIDING SEVERABILITY
AND EFFECTIVE
WHEREAS, the Board of County Commissioners adopted the Indian River County
Comprehensive Plan on February 13, 1990, and
WHEREAS, the county initiated a comprehensive plan amendment application during its
July 1998 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan
amendment requests on October 8, 1998 after due public notice, and
WHEREAS, the Local Planning Agency made a recommendation regarding this
comprehensive plan amendment to the Board of County Commissioners, and
WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal
Public Hearing on November 10, 1998, after advertising pursuant to F.S. 163.3184(15)(b)(1) and (c),
WHEREAS, the Board of County Commissioners approved the transmittal of this
and comment, and
WHEREAS, the Board of County Commissioners announced at the transmittal public
hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan
amendment, and
WHEREAS, the Florida Department of Community Affairs received this Comprehensive
Plan Amendment on November 25, 1998, for the State review pursuant to F.S. 163.3184(4), and
WHEREAS, Indian River County received the Objections, Recommendations, and
Comments (OR(.,) Report from the Florida Department of Community Affairs on February 5, 1999,
WHEREAS, the ORC Report contained three objections to this comprehensive plan
amendment, and
WHEREAS, this comprehensive plan amendment and support documents have been revised
to address those objections, and
comprehensive
Florida
plan amendment to the Department of Community Affairs
for their review
and comment, and
WHEREAS, the Board of County Commissioners announced at the transmittal public
hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan
amendment, and
WHEREAS, the Florida Department of Community Affairs received this Comprehensive
Plan Amendment on November 25, 1998, for the State review pursuant to F.S. 163.3184(4), and
WHEREAS, Indian River County received the Objections, Recommendations, and
Comments (OR(.,) Report from the Florida Department of Community Affairs on February 5, 1999,
WHEREAS, the ORC Report contained three objections to this comprehensive plan
amendment, and
WHEREAS, this comprehensive plan amendment and support documents have been revised
to address those objections, and
WHEREAS, the Board of County Commissioners of Indian River County held a
Comprehensive Plan Amendment Adoption Public Hearing on March 16, 1999, after advertising
pursuant to F.S.163.3184(15)(b);
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian
River County, Florida, that:
• •��• -�'I" ' :1 :II'11.1111, 1'1 :�•• J1,1111 1 111111111411 11141
The amendment to the Indian River County Comprehensive Plan identified in Section 2 is
hereby adopted, and three (3) copies are directed to be transmitted to the State of Florida Department
of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional
Planning Council.
III litirligililill Oil
• Revisions to Policies 1.6, 1.12, 1.14, 1.169 1.229 1.235 1.28, and 1.29 of the Future Land Use
Element, as shown on Attachment A.
• Revision to the Data and Analysis beginning on page 61 of the Future Land Use Element,
as shown on Attachment A.
• Addition of Policies 1.39, 1.40, 1.4 1, and 14.5 to the Future Land Use Element, as shown on
Attachment A.
• Addition of Table 2.13 and the renumbering of the following tables of the Future Land Use
Element, as shown on Attachment A.
• Addition of a "Special Districts" section to the Data and Analysis on page 19 of the
Intergovernmental Coordination Element, as shown on Attachment A.
• Revision to Policy 3.9 of the Intergovernmental Coordination Element, as shown on
Attachment A.
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 4. 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.
El
SECTION 5. 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(1)(b), 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 at a public meeting after public notice of a resolution affirming its
effective status, a copy of which resolution shall be sent to the Florida Department of Community
Affairs, Division of Resource Planning and Management, Plan Processing Team.
This ordinance was advertised in the Press -Journal on the 3rd day of March, 1999 for a public
hearing to be held on the 16`h day of March, 1999 at which time it was moved for adoption by
Commissioner Adams , seconded by Commissioner G i n n
and
adopted by the following vote:
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,��
mm
ATTEST BY
Chairman
Acknowledgment5jgthe Department of State of the State of Flonda,this�}3U day of)�C 1999
Acknowledgments the Department of State received c "day of A A 19995 2
and filed in the office of the Clerk of the Board of.County ' .ommissioners of Indian
River County, Florida.
u\v\j\cpta\jul98\ord
Inge R;ytr Ca Approved pale
Admin. 4
Legal �c � Q
Budget
Dep t.
Risk Mgr.
Chairman
Kenneth R.
Macht
Vice -Chairman
Fran B.
Adams
Commissioner
Caroline
D. Ginn
Commissioner
Ruth M.
Stanbridge
Commissioner
John W.
Tippin
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,��
mm
ATTEST BY
Chairman
Acknowledgment5jgthe Department of State of the State of Flonda,this�}3U day of)�C 1999
Acknowledgments the Department of State received c "day of A A 19995 2
and filed in the office of the Clerk of the Board of.County ' .ommissioners of Indian
River County, Florida.
u\v\j\cpta\jul98\ord
Inge R;ytr Ca Approved pale
Admin. 4
Legal �c � Q
Budget
Dep t.
Risk Mgr.
2. Future Land Use Element Policies 1.12 and 1.14
3. Future Land Use Element Data and Analysis, Page 61
4. Future Land Use Element Policy 1.16
5. Future Land Use Element Policy 1.22
6, Future Land Use Element Policies 1.23, 1.28, and 1.29
7. Future Land Use Element Policies 1.39 and 1.40
8. Future Land Use Element Policy 1.41
9. Future Land Use Element Policy 14.5
10. Future Land Use Element Table 2.13
11. Future Land Use Element Table 2.14
12. Future Land Use Element Table 2.15
13, Intergovernmental Coordination Element Data and Analysis, Page 19
14, Intergovernmental Coordination Element Policy 3.9
Policy 1.6: Development of conservation designated land shall be limited to the following:
IIIIIIIIIII ligia 11 11 11 11 11 1 11111 11% 11 11 11 111 1
Conservation
Passive Recreational Uses
• including, but not limited to, nature centers and trails, hiking trails, canoe
launches, observation towers, scenic areas, wildlife sanctuaries, wildlife
feeding stations, hunter education centers (including shooting ranges), picnic
areas, bathrooms, and parking areas
• up to 0.25 FAR
C-1 designated parcels shall be specifically depicted on the future land use map. C-1 designated
parcels include but are not limited to land owned by the St. Johns River Water Management District
for its Upper Basin Project, publicly owned spoil islands in the Indian River Lagoon, and other
environmentally important land owned or controlled by public entities for conservation purposes.
CC -2, Conservation
-2 (Privately
owned
estuarine wetland
and
undeveloped
lagoon
island
conservation areal
Conservation
Uses
Passive Recreational Uses
• including, but not limited to, nature centers and trails, hiking trails, canoe
launches, observation towers, scenic areas, wildlife sanctuaries, wildlife
feeding stations, picnic areas, bathrooms, and parking areas
• up to 0.25 FAR
Residential Uses
• up to 1 unit/40 acres (on-site)
• up to 1 unit/acre (Transfer of Development Rights)
ELM III I
Conservation
Passive Recreational Uses
• including, but not limited to, nature centers and trails, hiking trails, canoe
launches, observation towers, scenic areas, wildlife sanctuaries, wildlife
feeding stations, picnic areas, bathrooms, and parking areas
• up to 0.25 FAR
Planned Development
• residential uses up to 1 unit/2%2 acres (on-site internal transfer of development
I
ghts)
• residential uses up to 1 unit/acre (external transfer of development rights)
• places of worship, up to 0.25 FAR
C-2 and C-3 designated areas shall be generally depicted on the future land use map; specific
boundaries shall be established pursuant to Policy 1.7 of the Future Land Use Element,
Residential development in C-2 designated areas and in C-3 designated areas shall be limited to
approved Planned Developments (PDs). The county shall require cluster development and density
transfers to limit the impact of development on conservation lands. The PD and clustering
requirements shall not apply to single-family lots along the east side of the St. Sebastian River that
were legally created prior to February 13, 1990,
• The density of the project shall not exceed the maximum density of the C-2 (for wetlands)
or C-3 (for xeric scrub uplands) designated 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 and shall be clustered,
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 designated 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 C-3 designated areas, the total area of xeric scrub disturbed by a PD project shall not
exceed 20% of the total xeric scrub area occurring on site.
The
following
to
PDs
in C-2
C-3 designated
criteria
shall apply
and
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) designated 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 and shall be clustered,
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 designated 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 C-3 designated areas, the total area of xeric scrub disturbed by a PD project shall not
exceed 20% of the total xeric scrub area occurring on site.
Single
-Family
Residential
Uses
Schools (not
including
Policy
up
to 1 unit/acre
schools)
in R
designated
areas
to 0.35
FAR
Policy
to 3 units/acre
1.12: Development in low-density
in
L-1 designated
areas
areas only)
following:
up
be limited
to the
following:
areas
Multiple -Family
(as
Residential
in Future
Uses
residential
areas
shall
Office
Single
-Family
Residential
Uses
Schools (not
including
Policy
up
to 1 unit/acre
schools)
in R
designated
areas
to 0.35
FAR
up
to 3 units/acre
Activities
in
L-1 designated
areas
areas only)
following:
up
to 6 units/acre
in
L-2 designated
areas
Multiple -Family
(as
Residential
in Future
Uses
Policy
up
to 3 units/acre
Office
in
L-1 designated
areas
up
to 6 units/acre
-density
in
L-2 designated
areas
Recreational
Uses
areas
up to 0.35 FAR
Public Facilities
up to 0.35 FAR
Institutional Uses
up
to 0.35
FAR
Schools (not
including
Policy
business
and vocational
schools)
Development
up
to 0.35
FAR
Excavation
Activities
be limited
(in
R designated
areas only)
following:
Agricultural
Uses
(as
permitted
in Future
Land Use Element
Policy
6.3)
Professional
Office
medium
Uses
-density
as permitted by Future Land Use Element Policy 1.31
up to 0.35 FAR
The FAR of mixed use projects shall be calculated by assigning a portion of the total development
area to each use. The sum of the portions assigned to each use must equal the total development
area. An exception shall be allowed for accessory residential uses within primarily non-residential
projects. That exception shall allow the entire development area to be used to calculate the number
of units allowed, without restricting the amount of development area available for calculating the
maximum FAR for primary uses.
Single -Family, Multiple -Family, and Mobile Home Residential Uses
up to 10 units/acre in M-2 designated areas
up to 8 units/acre in M-1 designated areas
Recreation Uses
up to 0.35 FAR
Public Facilities
up to 0.35 FAR
Institutional Uses
up to 0.35 FAR
Schools (not including business and vocational schools)
up to 0.35 FAR
Professional Office Uses
as permitted by Future Land Use Element Policies 1.31 & 1.37
up to 0.35 FAR
The FAR of mixed use projects shall be calculated by assigning a portion of the total development
area to each use. The sum of the portions assigned to each use must equal the total development
area. An exception shall be allowed for accessory residential uses within primarily non-residential
projects. That exception shall allow the entire development area to be used to calculate the number
of units allowed, without restricting the amount of development area available for calculating the
maximum FAR for primary uses.
Policy
1_14:
Development
in
be limited
to the
following:
medium
-density
residential
areas
shall
Single -Family, Multiple -Family, and Mobile Home Residential Uses
up to 10 units/acre in M-2 designated areas
up to 8 units/acre in M-1 designated areas
Recreation Uses
up to 0.35 FAR
Public Facilities
up to 0.35 FAR
Institutional Uses
up to 0.35 FAR
Schools (not including business and vocational schools)
up to 0.35 FAR
Professional Office Uses
as permitted by Future Land Use Element Policies 1.31 & 1.37
up to 0.35 FAR
The FAR of mixed use projects shall be calculated by assigning a portion of the total development
area to each use. The sum of the portions assigned to each use must equal the total development
area. An exception shall be allowed for accessory residential uses within primarily non-residential
projects. That exception shall allow the entire development area to be used to calculate the number
of units allowed, without restricting the amount of development area available for calculating the
maximum FAR for primary uses.
The 1995 ratio
of population
to acres of non-residential
land
use
is used
to
estimate the
amount of
non-residential
land
needed to accommodate
the 2020
population.
This method
assumes that the
land use intensity
of
non-residential development
will
remain
constant.
Although the county's Comprehensive Plan limits residential development intensity, the plan has
not directly limited the intensity of development for areas designated as commercial/industrial. Like
most local governments, Indian River County uses density, usually reported in units/acre, as its
measure of residential land use intensity. For measuring non-residential land use intensity, however,
Floor Area Ratio (FAR) is the generally accepted standard. FAR is a measure of non-residential land
use intensity expressed as the ratio of building floor space on a parcel to total parcel area. For
example, a 10,000 square foot building on a 1 acre parcel has a .23 FAR (10,000/43,560 = .23). In
such a case, a 5,000 square foot second story would increase the FAR to .34 (15,000/43,560 =.34),
Just as density limits are usually incorporated in comprehensive plans or zoning district regulations
to control residential development intensity, FAR limits are often established to control non-
residential development intensity. Although the county has not had an established FAR in its
Comprehensive Plan, non-residential land use intensity has been controlled in other ways. Through
its land development regulations, the county has established standards for minimum open space,
maximum building coverage, maximum building height, and minimum parking, as well as setback
and stormwater management requirements. Together, these standards have effectively limited non-
residential development intensity.
Current state law, however, requires all local governments to adopt intensity standards in their
comprehensive plans for all commercial/industrial land use designations. Those standards are
implemented by applying a maximum allowed FAR to commercial/industrial development.
Different commercial/industrial uses, however, have different impacts on public facilities and
services, and on surrounding areas. For example, according to the Institute of Transportation
Engineers (ITE), 1,000 square feet of retail uses, 6,000 square feet of general office uses and 14,000
square feet of general industrial uses all generate 98 peak hour trips. Therefore, one FAR limit is
not appropriate for all commercial/industrial uses. In fact, to equally limit the impacts of different
uses, it is necessary to allow a greater FAR for general industrial uses than for office uses, and a
greater FAR for office uses than for retail uses.
Within Indian River County, most commercial and industrial developments generally have FAR's
within the 0.1 to 0.2 range. The highest FAR is approximately 0.45, while the lowest FAR is
approximately 0.07. Therefore, the county's land development regulations generally result in
development occurring at an intensity of less than a 0.45 FAR.
In order to project the maximum potential impact of commercial/industrial development on public
facilities, the county has historically calculated the maximum development potential of
commercial/industrial land as 10,000 square feet of retail per acre of land. That figure is based on
analysis of two factors. One of those factors is county land development regulations that regulate
land use intensity (e.g. minimum open space, maximum building coverage, maximum building
height, minimum parking, setback and stormwater management requirements and others). The other
factor is the impact generated on public facilities by particular uses. Through that analysis the
county determined that the most intense commercial/industrial use allowed would be 10,000 square
feet of retail development per acre of land. Therefore, any parcel whose public facilities can
accommodate 10,000 square feet of retail development per acre of land can accommodate the most
intense commercial/industrial use allowed.
A maximum level of intensity equal to 10,000 square feet of retail per acre is consistent with the
low-density, low-rise character of the county. One way to maintain that character while allowing
for development is to limit the FAR of retail uses to 0.23, the FAR of office uses to 0.35, and the
FAR of industrial uses to 0.50. Setting a three -tiered FAR limit recognizes the different impacts of
different commercial/industrial uses. Those standards also ensure that the land use intensity of non-
residential development will remain constant through 2020.
According to the Introductory Element, the effective population of unincorporated Indian River
County was 77,859 in 1995. That element projects that the unincorporated county's effective
population will increase 59%, to 123,850 in 2020. Using that rate of increase and Property Appraiser
data from 1995, it is possible to determine non-residential land use needs for 2020. Table 2.10
provides that information.
The Floor Area Ratio (FAR) in Commercial/Industrial designated areas shall not exceed the above
cited limits. The FAR is determined by dividing the gross floor area of all floors of all buildings on
a development site by the area of that development site. If there is a question concerning which FAR
category applies to a particular use, then the applicable FAR category shall be the same category that
applies to the use having the most similar characteristics to the use in question. County staff shall
determine which use has the most similar characteristics to the original use in question. Factors used
to make that determination shall include the type and volume of traffic generated, parking
requirements, and the Standard Industrial Classification Code.
The FAR of mixed use projects shall be calculated by assigning a portion of the total development
area to each use. The sum of the portions assigned to each use must equal the total development
area. An exception shall be allowed for accessory residential in Commercial/Industrial designated
areas. That exception shall allow the entire development area to be used to calculate the number of
units allowed, without restricting the amount of development area available for calculating the
maximum FAR for primary uses.
USE
MAXIMUM INTENSITY/DENSITY
Retail
Trade
0.23
FAR
Offices
0.35
FAR
Policy
1.16:
Development
in Commercial/Industrial
and Personal
Services
0.35
FAR
designated
8 units/acre
be
limited
to the
Manufacturing
areas
shall
FAR
Assembly
0.50
FAR
following.
Materials
Processing
0.50
FAR
The Floor Area Ratio (FAR) in Commercial/Industrial designated areas shall not exceed the above
cited limits. The FAR is determined by dividing the gross floor area of all floors of all buildings on
a development site by the area of that development site. If there is a question concerning which FAR
category applies to a particular use, then the applicable FAR category shall be the same category that
applies to the use having the most similar characteristics to the use in question. County staff shall
determine which use has the most similar characteristics to the original use in question. Factors used
to make that determination shall include the type and volume of traffic generated, parking
requirements, and the Standard Industrial Classification Code.
The FAR of mixed use projects shall be calculated by assigning a portion of the total development
area to each use. The sum of the portions assigned to each use must equal the total development
area. An exception shall be allowed for accessory residential in Commercial/Industrial designated
areas. That exception shall allow the entire development area to be used to calculate the number of
units allowed, without restricting the amount of development area available for calculating the
maximum FAR for primary uses.
USE
MAXIMUM INTENSITY/DENSITY
Retail
Trade
0.23
FAR
Offices
0.35
FAR
Business
and Personal
Services
0.35
FAR
Residential
8 units/acre
Manufacturing
0.50
FAR
Assembly
0.50
FAR
Materials
Processing
0.50
FAR
FAR
Heavy
Repair
Services
0.50
Wholesale
Trade
and Distribution Centers
0.50
FAR
Storage/Warehousing
0.50
FAR
Public
Facilities
0.35
FAR
Recreational
0.35
FAR
Schools
0.35
FAR
Institutional
0.35
FAR
The Floor Area Ratio (FAR) in Commercial/Industrial designated areas shall not exceed the above
cited limits. The FAR is determined by dividing the gross floor area of all floors of all buildings on
a development site by the area of that development site. If there is a question concerning which FAR
category applies to a particular use, then the applicable FAR category shall be the same category that
applies to the use having the most similar characteristics to the use in question. County staff shall
determine which use has the most similar characteristics to the original use in question. Factors used
to make that determination shall include the type and volume of traffic generated, parking
requirements, and the Standard Industrial Classification Code.
The FAR of mixed use projects shall be calculated by assigning a portion of the total development
area to each use. The sum of the portions assigned to each use must equal the total development
area. An exception shall be allowed for accessory residential in Commercial/Industrial designated
areas. That exception shall allow the entire development area to be used to calculate the number of
units allowed, without restricting the amount of development area available for calculating the
maximum FAR for primary uses.
Policy 1.22: No node shall be expanded unless 70% of the subject node's land area (less rights-of-
way) is developed with non-residential and non-agricultural uses, or approved for non-residential
and non-agricultural development, or otherwise warranted by the proposed development.
Otherwise warranted may include but not be limited to the following:
• Developed percentage of a node is between 60% and 70% and the node expansion meets one
of the following criteria:
o expansion of the node is necessary to accommodate the expansion of an existing use
where there is not suitable vacant land adjacent to the use within the node, the land
proposed for inclusion is owned or controlled by the owner of the site containing the
use proposed for expansion, and a finding is made by the Board of County
Commissioners that no other land in the node can feasibly accommodate the
expansion of the referenced use, or
o expansion of an existing node is necessary to adjust a node boundary that splits a
small parcel of land and a finding is made by the Board of County Commissioners
that development of the parcel is not feasible with the split land use designation and
that inclusion of the parcel in the node is more appropriate than exclusion of the
parcel from the node.
• Expansion
of a node
is necessary
to accommodate
a mistake
a use
(such
affecting
as a regional
or industrial
mall)
is made by the
which
of County
Commissioners
that the
following
has
a substantial
land area requirement
and
no alternative
suitable
sites are available
in existing
Land Use
-conforming
nodes.
The total area
added to any expanding node or
nodes shall be equal
to
or less than the
total
• Expansion of a node is necessary to compensate for existing or proposed right-of-way which
was included within the node boundary and included in the node size calculation, where the
node expansion will not exceed the acreage represented by the right-of-way.
• Expansion of a node is necessary to accommodate a substantial change in circumstances
affecting a property adjacent to the node, where said change has had the effect of making the
property unsuitable for residential use. Such change could include establishment of an
adjacent, incompatible use, or a significant change in adjacent development patterns due to
an act of government such as road development and expansion.
• Expansion
of anode is necessary
to include existing
adjacent
a mistake
non
-conforming commercial
affecting
more
or industrial
uses where a finding
is made by the
Board
of County
Commissioners
that the
following
Map.
not increase the
overall land use density or intensity
non
the Future
Land Use
-conforming
The total area
added to any expanding node or
nodes shall be equal
to
or less than the
total
uses
cannot
area removed
from any other involved node or
nodes.
be
otherwise
eliminated.
• Expansion of a
node is necessary to facilitate a
swap of land
use designations
a mistake
in the
involving
affecting
more
than one node
where all involved nodes impact
the same public
facilities
and the swap
will
the
following
Map.
not increase the
overall land use density or intensity
depicted on
the Future
Land Use
The total area
added to any expanding node or
nodes shall be equal
to
or less than the
total
area removed
from any other involved node or
nodes.
• Expansion of a node is necessary
to correct
an oversight
or
a mistake
in the
plan
affecting
that
the
following
property meets
criteria:
o the property is residentially designated;
o the property was given a residential designation as a result of an oversight or a
mistake;
o the property is unsuitable for residential use;
o the property is adjacent to a node; and
0 the property is no more than 10 acres in size.
Policy 1.23: Commercial/industrial nodes shall not be created or expanded to within 1 %2 miles of
an existing commercial/industrial node. This policy shall apply only to commercial/ industrial nodes
that conformed to the 1% mile requirement on December 31, 1997. This policy shall not apply to
neighborhood commercial nodes.
Policy 1.28: The Public Facilities land use designation shall be applied to land used for public
facilities and services including, but not limited, to government offices, service centers, public
utilities and transportation facilities, schools, parks, libraries, police and fire stations, dredged spoil
disposal, and landfills and related uses such as recycling equipment operations, composting facilities
and operations, incineration of solid waste, borrow pit operations for fill material, industrial waste
and leachate treatment and management, equipment storage and maintenance, and water and
wastewater treatment facilities. Not all public land uses are shown on the Future Land Use Map.
Public facilities -are not limited to the Public Facilities Land Use designation. The maximum
intensity standards established by Future Land Use Element Policy 1.16 (commercial/industrial
intensity standards) shall also apply to uses within the Public Facilities land use designation.
Policy 1.29: The Recreation land use designation shall be applied to land used for active and passive
public parks and recreation facilities, including but not limited to ball fields, swimming pools, tennis
courts, racquetball courts, handball courts, shuffleboard courts, basketball courts, volleyball courts,
children's playgrounds, golf courses, fairgrounds, community/activity centers,
walking/jogging/fitness trails, canoe launches, picnic areas, scenic areas, nature centers, bathrooms,
and parking areas. Not all recreation sites are shown on the Future Land Use Map. Public parks and
recreation facilities are not limited to this land use designation. The maximum Floor Area Ratio
(FAR) for development within the Recreation land use designation shall not exceed 0.25.
Policy 1.39: The county shall encourage the school board to locate schools near urban residential
areas. The county will do this by allowing schools within all residential zoning districts; by
coordinating with the school board to establish a process for preliminary county review of school
sites before the school board acquires or leases property for a new school; and by limiting school
sites within agriculturally designated areas to mixed use projects, traditional neighborhood design
projects, and sites that are contiguous to the urban service area boundary.
Policy 1.40: To the extent feasible, the county shall collocate public facilities, such as parks,
libraries, and community centers, with schools.
Policy 1.41: The Board of County Commissioners shall rezone land only in a manner that is
consistent with Future Land Use Element Table 2.13. Furthermore, the Board recognizes that not
every zoning district allowed in a land use designation is appropriate for every site within that land
use designation. For any parcel, the Board of County Commissioners may deny a rezoning request
(even when the requested zoning district is consistent with the parcel's land use designation) if the
denial serves a legitimate public purpose. A Board of County Commissioners' determination that
the requested zoning district is not appropriate for the parcel may also be based upon the absence of
the following locational criteria:
1. For the OCR, Office, Commercial, Residential zoning district:
• adjacent to existing office uses
• as a buffer between residential zoning districts and arterial roads or other commercial zoning districts.
• at node perimeters
2. For the MED, Medical zoning district:
• within commercial/industrial nodes containing hospitals and major medical facilities
• separated from industrial areas
3. For the CL, Limited Commercial zoning district:
• areas that are easily accessed from residential areas
• between residential areas and general commercial areas or major roadways
• separated from industrial areas
• at node perimeters
4. For the CG, General Commercial zoning district:
• along arterial roads and major intersections
• separated from residential development
• separated from industrial areas
• near retail and office areas
5. For the CH, Heavy Commercial zoning district:
• along arterial roads
• along railroad tracks
• between general commercial and industrial areas
• separated from residential development
6. For the IL, Light Industrial zoning district:
• along arterial roads
• along railroad tracks
• near industrial areas
• separated from residential development
• separated from retail and office areas
7. For the IG, General Industrial zoning district:
• along arterial roads and major intersections
• along railroad tracks
• near industrial areas
• separated from residential development
• separated from retail and office areas
8. For single-family zoning districts:
• adjacent to other single-family areas
• separated from major commercial areas and industrial areas
9. For multiple -family zoning districts:
• adjacent to other multiple -family areas
• adjacent to employment centers
• along arterial and collector roads, particularly to buffer single-family areas
• adjacent to commercial uses, particularly to buffer single-family areas
• not abutting single-family areas on all sides
Additionally, the Board hereby adopts the following general criteria regarding the location of
residential zoning districts:
10. Where medium density residential lands abut low density residential land, the medium
density land may be zoned an intermediate density.
11. Residentially designated land that is located between higher density and lower density zoned
areas may be zoned an intermediate density even when the intermediate zoned area has a
land use designation that allows a higher density.
Policy 14.5: The county may utilize the small scale development amendment process, as described
in section 163.3187(1)(c)2., FS, only for Future Land Use Designation Amendment requests that
meet all of the following criteria:
• the applicant requests in writing that the proposed amendment be processed as a small scale
development amendment;
• the requirements of 163.3187(1)(c)2., FS, as amended, are satisfied;
• the subject property does not contain any environmentally sensitive land as defined in
Conservation Element Policy 5.4, or any environmentally important land as defined in
Conservation Element Policy 6.11;
• the subject property is located within the existing urban service area;
• the proposed amendment does not expand the existing urban service area;
• the proposed amendment does not expand the SR 60/58`h Avenue commercial/industrial
node; and
• the proposed amendment does not create a new commercial/industrial node.
FUTURE LAND USE ELEMENT TABLE 2.13
✓ -
District permitted
T -
District
permitted
when
used as transition from
less intense/dense development
or consistent
with
existing
development
Shaded
- District
not permitted
TABLE 2.14
FUTURE LAND USE ELEMENT
IMPLEMENTATION MATRIX
POLICY# TYPE OF ACTION RESPONSIBILITY TIMING CAP. EXPEND.
1.39 Intergovernmental PS Ongoing NO
coordination
1.40 Intergovernmental PS/BCC Ongoing NO
coordination
1.41 Rezonings BCC/LPA/PS Ongoing NO
14.5 Plan amendment PS Ongoing NO
TABLE 2.15
FUTURE LAND USE ELEMENT
EVALUATION MATRIX
OBJECTIVE # MEASURE TIMEFRAME
1 Residential density within the Urban Service Area. By 2020
2 Amount of residential development greater than 0.2 Through 2020
units/acre, and amount of non-agricultural related
commercial/industrial development occurring outside of
the Urban Service Area,
3 Number of public services and facilities operating below Through 2020
level -of -service standards.
4 Number of daily automobile trips per capita and length of By 2020
trips.
5 Percentage county's housing units in multiple -family or By 2010
TND projects.
6 Number of acres used for active agricultural operations. Through 2005
7 Number of acres of environmentally important land under By 2000
public ownership of control.
8 Percent of historic properties preserved. Through 2005
9 Implementation of regulations. Through 2020
10 Percent of new development that is consistent with the Through 2020
future land use map.
11 Number of blighted areas where action is taken to By 2004
encourage redevelopment.
12 Percent of new development that is consistent with the Through 2020
Hutchinson Island Management Plan,
13 Existence of a formal coordination mechanism. By 2005
14 Existence of a mechanism for plan review and amendment. Through 2020
15 Existence of regulations. Through 2020
16 Indian River Lagoon water quality. Through 2020
17 Number of future land use map amendments increasing Through 2020
land use density/intensity within the CHHA.
18 Percentage of new residential development located in TND By 2010
developments.
19 Implementation of Hazard Mitigation Report Through 2020
recommendations.
20 Amount of land available for and appropriately designated By 2005
for dredged spoil disposal.
As previously discussed, there are six independent local water control districts which operate and
maintain drainage facilities within the county. These are the Indian River Farms, the Sebastian
River, the St. Johns River, the Fellsmere, the Vero Lakes, and the Delta Farms Water Control
Districts. Additionally, there are seven other independent special districts in the county. These are
the Sebastian Inlet District (maintains inlet and keeps it navigable), the Mosquito Control District
(sprays and manages impoundments to control mosquitoes), the Hospital Maintenance District
(funds indigent care), the Florida Inland Navigation District (maintains and dredges inland
waterway), the Indian River County Housing Authority (addresses housing issues), the Indian River
Soil and Water Conservation District (assists agricultural businesses with water conservation
activities), and the multi -county St. Johns River Water Management District. There are also two
dependent districts in the county. These are the Indian River County Emergency Services District,
and the Solid Waste Disposal District. Some of the districts have the power to collect taxes for the
operation and maintenance of the facilities they operate. Other districts participate in a state funding
program for performance of their assigned functions.
To foster coordination between independent and dependent special districts and local general
purpose governments, Florida Statutes Section 189.415 requires that each special district submit a
public facilities report and an annual notice of any changes to the county in which it is located. The
report must include, but not be limited to, a description of existing public facilities owned or
operated by the special district; a description of each public facility the district is building, improving
or expanding; a description of each public facility the special district currently proposes to replace;
anticipated completion time; anticipated capacity of and demands on each public facility when
completed; and other requirements as outlined in Section. 189.415, F.S.
POLICY 3.9: By 2000, the county shall establish a formal coordination mechanism with adjacent
counties and the municipalities in Indian River County to identify joint planning areas (JPA) and to
address the following areas:
• Improvement in communication between the county and various local, regional, and
state agencies
• Identification of local and regional resources
• Identification of activities having extra -jurisdictional impact
• Identification of locally unwanted land uses
• Identification of expected impacts
• Notification of affected jurisdictions
• Development of measures to mitigate impacts
• Development of a process to resolve disputes
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