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HomeMy WebLinkAbout2001-009ORDINANCE NO, 2001- 009 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT, THE SANITARY SEWER SUB -ELEMENT, AND THE POTABLE WATER SUB -ELEMENT OF THE COMPREHENSIVE PLAN REGARDING THE PROVISION OF UTILITY SERVICES TO AGRICULTURAL BUSINESSES; 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), and 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, ORDINANCE NO. 2001- 009 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 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 or comments 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 Policy 6.1 of the Future Land Use Element; Policy 5.8 of the Sanitary Sewer Sub -Element; and Policy 5.7 of the Potable Water Sub -Element of the Comprehensive Plan are revised, 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 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- 009 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 20`h 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 Aye Commissioner,'John W. Tippin Aye BOARD OF COUNTY 'COMMTSSIONERS OF INDIAN RIVER COUNTY e BY: Ca oline,D Ginn, Chair f, ATTEST'BY Jefe3 Barton;•Clerk ,C� 5 W, 14 3 ORDINANCE NO, 2001- 009 C� Acknowledgment by the Department of State of the State of Florida this a f day o , 2001 Acknowledgment from the Department of State received on thisD9 day ofyY , 2001, at A.M./19: and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. I�L4z� William G. Collins II, Deputy County Attorney Community Development Director \ci-revisions\ag cd\u\v\j\cpta\ju100 businesses ord.wpd ORDINANCE NO, 2001-009 Policy 6.1 Indian River County shall not provide public services or facilities which would induce or encourage the development of agriculturally designated lands except in the following instances: • To provide for the health and safety of existing residents in a manner consistent with Sanitary Sewer Sub -Element Policy 2.4 and Potable Water Sub -Element Policy 2.4; • Lots or portions of lots which front on a public roadway that serves as an urban service boundary, as long as the provision of utility service is consistent with Potable Water Sub - Element Policy 5.7 and Sanitary Sewer Sub -Element Policy 5.8; • Agricultural Planned Developments; • Traditional Neighborhood Design Developments that meet the requirements of policies 18. 1, 18.21 18.3 of the Future Land Use Element; • New Town Districts that meet the requirements of policies 1.34 and 1.35 of the Future Land Use Element; and • Approved agricultural businesses where at least a portion of the development site is located within one mile of a public roadway which serves as an Urban Service Area boundary as depicted on the Official Future Land Use Map, SANITARY SEWER SUB -ELEMENT Policy 5_8 Consistent with the policies of the Future Land Use Element of this plan, provision of centralized sanitary sewer service shall be limited to the following: • Areas within the Urban Service Area; • Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; • Areas outside of the Urban Service Area that are located east of I-95, where at least a portion of the site fronts on a public roadway which serves as an Urban Service Area boundary as depicted on the Future Land Use Element Figures 2.31a and 2.31b. These areas are subject to the following provisions: ORDINANCE NO. 2001-009 o 'The maximum density of such land shall be as shown on the Future Land Use Map, and the provision of centralized sanitary sewer service shall not be justification for an increase in maximum density; o Sanitary sewer line extensions shall be limited to laterals and minor lines connecting land uses to main lines; and o In no case shall centralized projects located outside of sanitary sewer lines be permitted to extend more than 500 feet from the centerline of a roadway which is an Urban Service Area boundary. • Development projects located outside of the Urban Service Area that meet the criteria of the neighborhood communities. of the Future Land Use Element for: policies o clustering of residential development within agricultural areas; o clustering of residential development within privately owned upland conservation areas; o clustering development within mixed use districts; or o traditional design neighborhood communities. • Areas where, consistent with Sanitary Sewer Sub -Element Policy 2.4, the lack of centralized sanitary sewer service is determined to be a public health threat. POTABLE WATER SUB=ELEMENT Poli_ Consistent with the policies of the Future Land Use Element of this plan, provision of potable water service shall be limited to the following: • Areas within the Urban Service Area; • Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; • Areas outside of the Urban Service Area that are located east of I-95, where at least a portion of the site fronts on a public roadway which serves as an Urban Service Area boundary as depicted on the Future Land Use Element Figures 2.31a and 2.31b. These areas are subject to the following provisions: ORDINANCE NO, 2001- 009 O The maximum density of such land shall be as shown on the Future Land Use Map, and the provision of centralized potable water service shall not be justification for an increase in maximum density; o Potable water line extensions shall be limited to laterals and minor lines connecting land uses to main lines; and o In no case shall centralized potable water lines be permitted to extend more than 500 feet from the is Service centerline of a roadway which an Urban Area boundary. • Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: o clustering of residential development within agricultural areas; O clustering of residential development within privately owned upland conservation areas; o clustering development within mixed use districts; or O traditional neighborhood design communities. • Areas where, consistent with Potable Water Sub -Element Policy 2.4, the risk of private well contamination is determined to be unacceptably high. • Approved agricultural businesses where at least a portion of the development site is located within one mile of a public roadway which serves as an Urban Service Area boundary as depicted on the Official Future Land Use Map.