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HomeMy WebLinkAbout2001-006ORDINANCE NO. 2001- 006 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN REGARDING AGRICULTURAL PLANNED DEVELOPMENTS; 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- 006 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. i SECTION 2. Amendments to the Comprehensive Plan The data and analysis, Policy 1. 10, and Policy 5.8 of the Future Land Use 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* 2001-006 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 D. Ginn Aye Vice -Chairman Ruth M. Stanbridge Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Ave Commissioner John W. Tippin Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 3 y BY: ,W. Carolme•iD Ginn, Chair an w ATTEST B: ," N Jef rey. J on, Clerk, lOf 3 r . � ORDINANCE NO, 2001- 006 Acknowledgment by the Department of State of the State of Florida this ( day oYYJ1.2001 Acknowledgment from the Department of State received on this, 9day oVYVA'r�001, at A.M./ M. 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 Community Development Director \ci-revisions\ag cd\u\v\j\cpta\ju100 pd ord.wpd ORDINANCE NO. 2001- 006 Page 58; Development Opportunities section of the Land Use Analysis Agricultural Planned Developments An Agricultural Planned Development (PD) is a type of development which is optional on agriculturally designated land located outside of the urban service area. Agricultural PDs permit the normally allowable residential density on agriculturally designated land to be clustered into a small area of the project, on building lots no greater than 1 acre in size. The remainder of the project area is preserved as agricultural, conservation, and/or recreational open space. With this type of development, farm lands, natural areas, and open space can be preserved in large, contiguous areas in a manner that preserves agricultural character and functionality. During the 1990 to 1999 time period, the county approved 10 agricultural PDs. Because such developments preserve open space, agricultural uses and the rural character of certain areas of the county, the county should take actions to encourage agricultural PDs. Such actions could include amending the county's land development regulations to streamline the Agricultural PD process, while continuing to ensure the clustering of lots and the preservation of large areas of agricultural or recreational open space. Policy 1.10 Agricultural Uses such as Farming, Groves, Range and Livestock Activities and Forestry Excavation Activities Agricultural Planned Developments consistent with Future Land Use Element Policy 5.8 Single -Family Residential Uses • up to 1 unit/lot or parcel on legally established non -conforming lots or parcels of record, existing on October 1, 1990 • up to 1 unit/5 acres in AG -1 designated areas • up to 1 unit/10 acres in AG -2 designated areas • up to 1 unit/20 acres in AG -3 designated areas Agricultural Research Uses Agriculturally Related Businesses Recreational Uses Public Facilities Institutional Uses Public Schools (Public schools shall be permitted on agriculturally designated lands only Development of agriculturally designated lands shall be limited to the following: Agricultural Uses such as Farming, Groves, Range and Livestock Activities and Forestry Excavation Activities Agricultural Planned Developments consistent with Future Land Use Element Policy 5.8 Single -Family Residential Uses • up to 1 unit/lot or parcel on legally established non -conforming lots or parcels of record, existing on October 1, 1990 • up to 1 unit/5 acres in AG -1 designated areas • up to 1 unit/10 acres in AG -2 designated areas • up to 1 unit/20 acres in AG -3 designated areas Agricultural Research Uses Agriculturally Related Businesses Recreational Uses Public Facilities Institutional Uses Public Schools (Public schools shall be permitted on agriculturally designated lands only Policy 5.8 ORDINANCE NO. 2001-006 within mixed use projects and traditional neighborhood design projects, or on sites located outside of, but contiguous to, the urban service area boundary.) All Planned Development (PD) projects approved in any agriculturally designated area shall meet the following criteria: The density of the project shall not exceed the maximum density of the underlying land use designation; no density transfers from off-site lands, and no density bonuses shall be permitted within PD projects in agriculturally designated areas. Residential lots created through the PD process shall not exceed one acre in size, with the remainder of the area designated as open space; all residential lots must be clustered together to limit the impact of development on agricultural lands. Clustered means grouped together in a compact, contiguous The open space area must be under the ownership of a single entity and maintained as open space, in perpetuity, through a conservation and/or agricultural preservation easement. Open space areas shall be retained as natural areas or used for agricultural uses; however, up to thirty percent of the open space area may be used for recreational purposes in AG -1 areas; up to twenty- five percent of the open space area may be used for recreational purposes in AG -2 areas and up to twenty percent of the open space area may be used for recreational purposes in AG -3 areas. Golf Courses shall not be permitted as part of Agricultural PDs.