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Home My WebLink About2001-029ORDINANCE NO. 2001-029 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN TO CREATE A NEW T, TRANSITIONAL RESIDENTIAL (UP TO 1 UNIT/ACRE; OR UP TO 3 UNITS/ACRE FOR PLANNED DEVELOPMENT PROJECTS), LAND USE DESIGNATION; 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 January 2001 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on April 5, 2001, 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 June 5, 2001, after advertising pursuant to F.S. 163.3184(15)(b)(1) and (c), and 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, WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on June 11, 2001, for the State review pursuant to F.S. 163.3184(4), and 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 June 11, 2001, for the State review pursuant to F.S. 163.3184(4), and ORDINANCE NO* 2001-029 WHEREAS, Indian River County received the Objections, Recommendations, and Comments (ORC) Report from the Florida Department of Community Affairs on August 20, 20011 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 October 16, 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 The following changes are made to the Future Land Use Element of the Comprehensive Plan: L Policy 1.2 is revised as shown in Attachment A. 2. New Policies 1.42, 1.43, and 1.44, as shown in Attachment A, are added. 3. Table 2.13 is revised as shown in 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 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- 029 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 3`d day of October, 2001, for a public hearing to be held on the 16`t' day of October, 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 D. Ginn Nay Vice -Chairman Ruth M. Stanbridge A.ye AA Commissioner Fran B. Adams Aye AA Commissioner Kenneth R. Macht Nay F, Commissioner John W. Tippin Ay AA BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY z VVI III k t IVA BY: C� Caroline D:Ginn, Chaiir an "I IV ice' l t t i ATTEST A V I. Ir -u `Jefffey3K. Barton,.Clerk 3 ORDINANCE NO. 2001- 029 Acknowledgment by the Department of State of the State of Florida thisb day of 04, 2001 Acknowledgment from the Department of State received on this (Pay of W1 2001, at A.M./MR. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. ►. _!�ii7!.i • • Robert M. Keating, AICP Community Development Director f:\cd\u\jw\cpta\jan01 \ci transitional\ord.wpd s o ORDINANCE NO, 2001- 02 g C-1, Conservation -1 (zero density) C-2, Conservation -2 (up to 1 unit/40 acres) C-3, Conservation -3 (up to 1 unit/21/2 acres) AG -1, Agriculture -1 (up to 1 unit/5 acres) AG -2, Agriculture -2 (up to 1 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) 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) Policy 1.42: The Transitional Residential Land Use designation may be applied to those areas which serve as a transition area between urban and agriculturally designated land and are suitable for urban and suburban scale development. Additionally, Transitional Residential designated land must meet all of the following criteria: • it must abut an arterial road that contains county water and sewer lines within its (the road's) right-of-way; • it must abut a commercial/industrial node where at least 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; and • it must be at least 20 acres in size. Land that meets all of the above criteria may be included in the urban service area and may be redesignated to T, Transitional Residential. Policy 1.2: Indian River County hereby following land designations be depicted adopts the use to 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/21/2 acres) AG -1, Agriculture -1 (up to 1 unit/5 acres) AG -2, Agriculture -2 (up to 1 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) 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) Policy 1.42: The Transitional Residential Land Use designation may be applied to those areas which serve as a transition area between urban and agriculturally designated land and are suitable for urban and suburban scale development. Additionally, Transitional Residential designated land must meet all of the following criteria: • it must abut an arterial road that contains county water and sewer lines within its (the road's) right-of-way; • it must abut a commercial/industrial node where at least 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; and • it must be at least 20 acres in size. Land that meets all of the above criteria may be included in the urban service area and may be redesignated to T, Transitional Residential. ORDINANCE NO. 2001- 029 Policy 1.43: Development in transitional residential areas shall be limited to the following: Single -Family Residential Uses up to 1 unit/acre; or up to 3 units/acre for Planned Development Projects Recreational 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 Excavation Activities Agricultural Uses (as permitted in Future Land Use Element Policy 6.3) 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 1.44: To mitigate and reduce potential impacts between residential and agricultural uses, the following special regulations apply within areas designated as Transitional Residential: • When platting lots in residential projects on T designated land, the land owner shall place an informational note on the plat and on the deed of each lot informing interested parties of the Florida Right to Farm Act, Section 823.14, Florida Statutes (2001) as amended, and stating that active farm operations occur nearby. • Caribbean Fruit Fly host be plants shall prohibited on T designated land. • When platting lots in residential projects on T designated land, the land owner shall place an informational note on the plat and on the deed of each lot informing interested parties of the Florida Right to Farm Act, Section 823.14, Florida Statutes (2001) as amended, and stating that active farm operations occur nearby. ORDINANCE NO, 2001-029 FUTURE LAND USE ELEMENT TABLE 2.13 n ORDINANCE NO, 2001- 029 ✓ - District permitted T - District permitted when used as transition from less intense/dense development or consistent with existing development Shaded - District not permitted