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HomeMy WebLinkAbout2001-010ORDINANCE NO. 2001- 010 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COASTAL MANAGEMENT ELEMENT OF THE COMPREHENSIVE PLAN REGARDING POST DISASTER RECOVERY AND REDEVELOPMENT; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county received comprehensive plan amendment applications during its July 2000 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on September 28, 2000, 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 7, 2000, after advertising pursuant to F.S. 163.3184(15)(b)(1) and (c), WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida 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, WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on December 4, 2000, for the State review pursuant to F. S. 163.3184(4), and ORDINANCE NO. 2001-010 WHEREAS, Indian River County received the Objections, Recommendations, and Comments (ORC) Report from the Florida Department of Community Affairs on February 12, 2001, WHEREAS, the ORC Report contained no objections regarding this Comprehensive Plan Amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on March 20, 2001, 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: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal 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, SECTION 2. Amendments to the Comprehensive Plan Objective 7 and Policies 7.1 to 7.8 of the Coastal Management Element of the Comprehensive Plan are revised, as shown on Attachment A. SECTION 3. 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. ORDINANCE NO. 2001- 010 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. 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 7`h day of March, 2001, for a public hearing to be held on the 201h day of March, 2001, at which time it was moved for adoption by Commissioner Adams , seconded by Commissioner Ti ppi n and adopted by the following vote: Chairman Caroline Aye D. Ginn Vice -Chairman Ruth M. Stanbridge Aye —bye Commissioner Kenneth R. Macht Aye Commissiorier John W. Tippin . Aye Commissioner Fran B. Adams BOARD OF COUNTY, COMMISSIONERS OF INDIAN RIVER COUNTY BY:!w r Caroline D;'Ginna Chairman Y. cY ORDINANCE NO. 2001- 010 Acknowledgment by the Department of State of the State of Florida this day o ° 2001 Acknowledgment from the Department of State received on thi*) day o001, at A.M.I. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. William G. Collins II, Deputy County Attorney Robert M. Keating, AICP Community Development Director \ci-revisions\post cd\u\v\j\cpta\ju100 disaster ord.wpd ORDINANCE NO. 2001- 010 OBJECTIVE 7 Post -Disaster Recovery and Redevelopment Consistent with the requirements of Chapter 163, F.S. and DCA Rule 9J-5, F.A.C., the county shall have a Local Mitigation Strategy (LMS), as an annex to the Indian River County Comprehensive Emergency Management Plan (CEMP). The LMS shall list and prioritize disaster mitigation projects. Policy 7.1: Consistent with the CEMP, the county will perform an initial damage assessment, immediately following a natural disaster event, in order to determine the extent of damage and prioritize allocation of recovery resources. If the scope of damage exceeds the county's ability to recover, the county shall declare a local state of emergency, pursuant to Chapter 252, F.S. and County Ordinance# 91-18. Once a local state of emergency has been declared, the county will request assistance from the Florida Division of Emergency Management (FDEM). Policy 7.2: The County shall continue to maintain its LMS, and to implement the short-term and long-term recommendations contained in the LMS. Policy 7.3: Following a natural disaster, principal structures and uses located eastward of the County Dune Stabilization Setback Line (DSSL) which sustain greater than 50 percent of MAI (Member of Appraisal Institute) assessed current market value damage from a naturally occurring storm shall be required to relocate upland of their location and, when possible, westward of the DSSL. Prior to reconstruction, principal structures east of the 1987 State Coastal Construction Control Line (CCCL) exhibiting damage from a naturally occurring storm event, greater than 50 percent of MAI assessed market value, shall be required to obtain all applicable permits and comply with all applicable building codes concerning coastal construction. Policy 7.4: Consistent with National Flood Insurance Program (NFIP) requirements, any structure predating 1989 FEMA Flood Insurance Rate Maps (FIRMs) and located within a flood hazard area that sustains "substantial damage" due to a natural disaster (i.e. repair costs that exceed 50% or more of the building's value) shall be required to be elevated a minimum of six (6) inches above the base flood elevation (BFE), as depicted on current FIRMs. Policy 7.5: Consistent with NFIP requirements, any proposed "substantial improvement" (i.e. additions, renovations, or modifications that exceed 50% or more of the building's value) to a pre - FIRM structure located within a within a flood hazard area shall be required to be elevated a minimum of six (6) inches above the BFE, as depicted on current FIRMs. The list contained in Annex IV of the CEMP will be used to determine the total value of "substantial improvement." ORDINANCE NO, 2001.010 Policy 7.6: The county shall continue to regulate development and manage natural resources within the Coastal Zone by: ► Continuing to enforce LDR Chapter 932 - Coastal Management, and LDR Chapter 402 - Coastal Construction Code; ► Preserving flood storage capacity in the 100 year floodplain, in accordance with the policies listed under Objective 5 of the Stormwater Management Sub -Element; ► Maintaining or reducing land use density allowances in the Coastal High Hazard Area (CHHA) in accordance with the policies under Objective 17 of the Future Land Use Element and Objective 1 I of this element; ► Minimizing beach and dune disturbance in accordance with Coastal Management Element Policy 4.8 and County Code Chapter 932; and ► Reviewing, in coordination with the FDEP Bureau of Beaches and Coastal Systems, all emergency seawall permit applications .within the unincorporated area of Indian River County and within'the City Limits of Vero Beach.