HomeMy WebLinkAbout2009-004ORDINANCE NO. 2009- 004
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE
LAND USE ELEMENT AND THE COASTAL MANAGEMENT ELEMENT OF THE
COMPREHENSIVE PLAN BY AMENDING THE TEXT OF THE COMPREHENSIVE PLAN
TO CHANGE THE DEFINITION OF THE COASTAL HIGH HAZARD AREA; AMENDING
THE COASTAL HIGH HAZARD AREA MAP, FIGURE 9.24 OF THE COASTAL
MANAGEMENT ELEMENT; AMENDING THE COASTAL HIGH HAZARD AREA MAP,
FIGURE 2.29 OF THE FUTURE LAND USE ELEMENT; AND AMENDING THE FUTURE
LAND USE MAP BY DEPICTING THE REVISED COASTAL HIGH HAZARD LINE; 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
WIIEREAS, the County received comprehensive plan amendment applications during its July 2008
amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment
request on October 23, 2008, after due public notice, and
WHEREAS, the Local Planning Agency voted 5-0 to recommend that the Board of County
Commissioners transmit the comprehensive plan amendment listed below to the Florida Department of
Community Affairs; and
WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public
I learing on December 2, 2008, after advertising pursuant to F.S. 163.3184(15)(b)(1), 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 December 22, 2008, pursuant to F.S. 163.3184(4), and
WHEREAS, the County received the Florida Department of Community Affairs Objections,
Recommendations, and Comments report on February 20, 2008, and
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 April 7, 2009, after advertising pursuant toF.S.1 63.3 184(15)(b);
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County,
Florida, that:
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ORDINANCE NO. 2009-()()4
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 the Board of County Commissioners directs staff to transmit three (3)
copies of the amendment to the State of Florida Department of Community Affairs and one (l)
copy to the Treasure Coast Regional Planning Council.
SECTION 2. Amendment to the Comprehensive Plan
AMENDING THE FUTURE LAND USE ELEMENT AND THE COASTAL
MANAGEMENT ELEMENT OF THE COMPREHENSIVE PLAN BY AMENDING
THE TEXT OF THE COMPREHENSIVE PLAN TO CHANGE THE DEFINITION OF
TIIE COASTAL HIGH HAZARD AREA; AMENDING THE COASTAL HIGH
HAZARD AREA MAP, FIGURE 9.24 OF THE COASTAL MANAGEMENT
ELEMENT; AMENDING THE COASTAL HIGH HAZARD AREA MAP, FIGURE
2.29 OF THE FUTURE LAND USE ELEMENT; AND AMENDING THE FUTURE
LAND USE MAP BY DEPICTING THE REVISED COASTAL HIGH HAZARD LINE.
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. 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 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 23 day of March, 2009, for a
public hearing to be held on the 7d' day of April 2009, at which time it was moved for adoption by
Commissioner Solari seconded by Commissioner F1Pcrhar
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ORDINANCE NO. 2009- 014
and adopted by the following vote:
Wesley S. Davis, Chairman ABSENT
Joseph E. Flescher, Vice Chairman AYE
Gary C. Wheeler, Commissioner AYE
Peter D. 0' Bryan, Commissioner AYE
Bob Solari, Commissioner AYE
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: _
J seph E. Flescher, Vice Chairman
ATTEST BY:
Fcr : Jeffrey K. Barton. -C. r;
..-y�
This ordinance was tiled with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
k �et,
William G. Collins 11, County Attorney
APPROVED AS TO PLANNING MATTERS
Ro ert M. Keating, P; ommunrt evelopment Director
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Comprehensive Plan Coastal Management Element
TABLE 9.14
SAFFIR-SIMPSON HURRICANE SCALE
Category III Winds of 111 to 130 MPH.
Evacuation routes cut off by rising water three (3) to four (4) hours before
landfall. Mobile homes destroyed; some structural damage to small
buildings (inland); severe damage on the coast.
Category IV Winds of 131 to 155 MPH.
Evacuation routes cut off by rising water three (3) to five (5) hours before
landfall. Major damage to lower floors of buildings near shore. Etensive
damage to windows, doors and roofing material.
Category V Winds in excess of 155 MPH.
Evacuation routes cut off by rising water thre (3) to five (5) hours before
landfall. Small structures destroyed: extensive damage to windows and
doors; and, collapse of roofs on most residential and industrial buildings.
• Coastal High Hazard Area
The coastal high -hazard area is the area below the elevation of the category 1 storm surge
line as established by a Sea, Lake, and Overland Surges for Hurricanes (SLOSH)
computerized storm surge model.
Within the CHHA, there are several large tracts of land in the unincorporated County that
consist of environmentally -sensitive estuarine wetlands. In the unincorporated area, those
lands, located along both sides of the IRL, are designated "C-2" on the future land use
map. 'C-2" designated lands may be developed at one (1) unit per 40 acres or used for a
density transfer of one (1) unit per acre to an upland site.
Most of the land in the unincorporated County within the CHHA consists of residential
land with development potential and permitted densities ranging from three (3) to ten (1
0) units per acre. A substantial portion of this land is currently developed. Much of that
development took place at a time when the CHHA was more narrowly defined as land on
the barrier island, east of the Coastal Construction Control Line (CCCL).
In the unincorporated area, the CHHA also contains a small portion of the commercially
designated land in three (3) areas. Those areas within the CHHA are: the Medical Node
Appendix A
Comprehensive Plan Coastal Management Element
Two (2) regional airports, located in the City of Vero Beach and the City of Sebastian,
respectively, are located in the Coastal Zone. There are no existing or proposed rail yards,
rail terminals, or deepwater port facilities within Indian River County. V
NATURAL DISASTER PLANNING
Of all the potential threats to the population and economy of Indian River County, the
impact of a hurricane is the most ominous and significant. Two factors, continued
expansion of the population and development in the Coastal Zone, coupled with a lack of
experience of the inhabitants of this region in coping with a major hurricane, necessitates
greater planning and awareness.
Until an area experiences a major hurricane, the use of theory, probability and behavioral
studies must be substituted for actual data analysis. The hurricane evacuation analysis
section is based on the TCRPC Hurricane Evacuation Study. Additionally, a post -storm
evaluation of the evacuation procedure utilized for Hurricane Erin (1995) was made by
the County Department of Emergency Services (EMS). This report indicated that the
County was prepared for the storm and successfully conducted an orderly evacuation of
the Coastal High Hazard Area. However, the report revealed several areas of emergency
preparedness, especially shelter capacity, need to be improved. Moreover, Hurricane Erin
was classified only as a minimal (Category 1) hurricane.
Coastal High Hazard Area
When determining the appropriate land use designations for land within the Coastal High
Hazard Area (CHHA), the county must consider the following facts:
> The appropriateness of land use designations, including land use designations'
impact on hurricane evacuation, was considered prior to plan adoption in 1990;
> In 2006, the Florida Legislature passed House Bill 1359, which changed the
State's definition of the CHHA. The CHHA is now defined as the area below
the elevation of the Category 1 storm surge as established by a "Sea, lake, and
Overland Surges from Hurricanes " (SLOSH) computerized storm surge model.
Otherwise, actual conditions and circumstances affecting the land have not
changed;
> Undeveloped estuarine wetlands adjacent to the Indian River Lagoon have a
future land use designation of C-2 (Conservation, up to 1 unit per 40 acres)
Appendix A
Comprehensive Plan Future Land Use Element
effective land use patterns that provide for separation and incorporate the use of buffers.
Areas which contain incompatible uses are often older areas in transition from one use to
another.
Coastal High Hazard Area
As implied by its title, the Coastal High Hazard Area (CHHA) is an area of increased risk
to life and property due to hurricanes and/or severe storms. For that reason, certain land
uses may not be appropriate within the CHHA. As defined in state law, The coastal high -
hazard area is the area below the elevation of the category 1 storm surge line as
established by a Sea, Lake, and Overland Surges for Hurricanes (SLOSH) computerized
storm surge model. The CHHA, is depicted in Figure 2.29.
Overall, unincorporated land within the CHHA is low density in character. In fact, there
are several large tracts of land within the CHHA that consist of environmentally sensitive
estuarine wetlands. In the unincorporated area, those lands, located along both sides of
the Indian River Lagoon, are designated C-2 on the future land use map. C-2 designated
lands may be developed at 1 unit/40 acres or used for a density transfer of 1 unit/acre to
an upland site.
Most of the rest of the unincorporated land within the CHHA consists of residential land
with development potential and permitted densities ranging from 3 to 10 units/acre. A
substantial portion of this land is currently developed. Much of that development took
place at a time when the CHRA was more narrowly defined as land on the barrier island,
cast of the Coastal Construction Control Line. That relatively narrow strip of land
consists mostly of dunes and sandy shoreline.
In the unincorporated area, the CILIA also contains a small portion of the commercially
designated land in three areas. Those areas are within the 37th Street/US 1 Node (near
Indian River Memorial Hospital), the Grand Harbor Node, and the CR 51 0/US I Node
(in Wabasso).
When determining the appropriate land use designations for land within the CHHA, the
county must consider the following facts.
• The appropriateness of the land use designations, including the land use
designation's 'impact on hurricane evacuation, was considered prior to plan
adoption in 1990.
• Since plan adoption in 1990, the CHHA has been expanded. The expansion of the
CHHA, however, is based on a rule change. Other than hurricane evacuation
conditions, actual conditions and circumstances affecting the land have not
changed.
Appendix A