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Home My WebLink About2007-031.. 4 ORDINANCE NO. 2007 - 031 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN BY REVISING FUTURE LAND USE ELEMENT POLICIES 1.2 AND 1.14; AND BY CREATING NEW FUTURE LAND USE ELEMENT POLICIES 1.14.1 AND 1.14.2 FOR ESTABLISHING THE MHRP, MOBILE HOME RENTAL PARK (UP TO 8 UNITS/ACRE), LAND USE DESIGNATION; 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 County received comprehensive plan amendment applications during its January 2007 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on April 12, 2007, 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 May 8, 2007, after advertising pursuant to F.S. 163.3184(15)(b)I and (c), and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs with a request for review, 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 May 22, 2007, pursuant to F. S. 163.3184(4), and WHEREAS, the County received the Florida Department of Community Affairs Objections, Recommendations, and Comments report on July 23, 2007, and ] of 4 ORDINANCE NO. 2007 - 031 WHEREAS, the Florida Department of Community Affairs had no objections, recommendations, or comments concerning this amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on October 23, 2007, 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 a. Amend the Future Land Use Element by revising Future Land Use Element Policies 1.2 And 1.14; and by creating new Future Land Use Element Policies 1. 14.1 And 1. 14.2 for establishing the MHRP, Mobile Home Rental Park (Up To 8 Units/Acre), land use designation; (Exhibit 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. SECTION 4. Severabili It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance or these Indian River County Comprehensive Plan Amendments 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. 2 of 4 ORDINANCE NO. 2007 - 031 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 amendments in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming their 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 0th day of October , 2007, for a public hearing to be held on the 23rd day of October, 2007, at which time it was moved for adoption by Commissioner Davis , seconded by Commissioner wheeler , and adopted by the following vote: Gary C. Wheeler, Chairman Aye Sandra L. Bowden, Vice Chairman Aye Wesley S. Davis, Commissioner Aye Peter D. O'Bryan, Commissioner Aye Joseph E. Flescher, Commissioner Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: a l � ATTEST;B-Y �, M f�`f' Jeffrey K B,ai bn, Clerk r S- 5'z Acknowledeme t fmi' the Department of State received on this D - day of fo,099kat 3:00 A.N /P.M. and filed in the office of the Clerk of the oard of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY tt"( . &e2vil William G. Collins II, County Attorney 3 of 4 ORDINANCE NO. 2007 - 031 APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICD Community Development FACommunity Development\Uscrs\LONG RANGH\CompPlan Amendments\2007 Jan\CPTA for MHP\CPTA Ordinance.doc 4 of 4 ORDINANCE 2007-031 Comprehensive Plan EXAIBITA Future Land Use Element Policy 1.2: Indian River County hereby adopts the following land use designations to be depicted on the Future Land Use Map: C-1, Conservation -1 (zero density) C-2, Conservation -2 (up to 1 unit/40 acres) C-3, Conservation -3 (up to 1 unit/2 acres) AG -1, Agriculture -1 (up to 1 unit/5 acres) AG -2, Agriculture -2 (up to l unit/10 acres) AG -3, Agriculture -3 (up to 1 unit/20 acres) R, Rural Residential (up to 1 unit/acre) T, Transitional Residential (up to 1 unit/acre; or up to 3 units/acre for Planned Development Projects) L-1, Low -Density Residential -1 (up to 3 units/acre) L-2, Low -Density Residential -2 (up to 6 units/acre) M-1, Medium -Density Residential -1 (up to 8 units/acre) M-2, Medium -Density Residential -2 (up to 10 unit/acre) MHRP, Mobile Home Rental Park (up to 8 units/acre) BCID, Blue Cypress Improvement District (up to 10 unit/acre) C/I, Commercial/Industrial RC, Regional Commercial PUB, Public Facilities REC, Recreation Mixed Use (floating land use designation; not depicted on the future land use map) Polio: Indian River County shall maintain, periodically review, and revise if necessary, its various zoning districts (including special districts) and overlay districts as may be warranted to ensure the implementation of the comprehensive plan. The zoning districts shall be based on the comprehensive plan and shall directly govern specific land uses, lot area, building type, and size and dimension criteria. Additionally, Indian River County shall maintain, periodically review, revise if necessary, and enforce land development regulations. Those land development regulations shall be the primary mechanism through which the county shall implement the Comprehensive Plan. The criteria and standards established in the various elements of the comprehensive plan shall be the basis for the land development regulations. Those regulations shall include, but not be limited to, provisions for: • The use of land and water consistent with the Future Land Use Map and the Comprehensive Plan; • The subdivision of land; Community Development Department Indian River County 69 do Supplement 10, Oi il. 2007,, OOO, Apted,l0/23/07 ORDINANCE 2007-031 Comprehensive Plan EXHIBITA Future Land Use Element Polices: The Medium -Density Residential Land Use designations shall be applied to those areas, which are suitable for urban scale development and intensities. Those areas shall be limited to lands that are located within the urban service area and near existing urban centers. Policy 1.14: Development in medium -density residential areas shall be limited to the following: Single -Family, Multiple -Family, and Mobile Home Residential Uses (excluding Mobile _Home Rental Parks 15 acres or larger) up to 1.0 units/acre in M-2 designated. areas up to 8 units/acre in M- I 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 1.14.1: The Mobile Home Rental Park Land Use designation will be applied only to those properties that contain mobile home rental parks fifteen (15) acres or more in size within the unincormorated bortions of the Countv and limited to lands that are located within the urhan service area. Policy 1.14.2: Development in a Mobile Home Rental Park Land Use designation shall be limited to the following: Mobile Home Residential Uses up to 8 units/acre Recreation Uses up to 0.35 FAR Public Facilities up to 0.35 FAR Institutional Uses up to 0.3 5 FAR Community Development Department Supplement 10, Ord 2007 0#k!Adopted 10/23/2007 Indian River County 73