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Home My WebLink About2005-040ORDINANCE NO. 2005 - 040 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT; 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 accepted comprehensive plan amendment applications during its January 2005 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on April 20, 2005, after due public notice, and WHEREAS, the Local Planning Agency made a recommendation regarding these comprehensive plan amendments to the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on May 10, 2005, after advertising pursuant to F.S. 163.3184(15)(b)(1) and (c), and WHEREAS, the Board of County Commissioners approved the transmittal of these comprehensive plan amendments to the Florida Department of Community Affairs, 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 these plan amendments, and WHEREAS, the Florida Department of Community Affairs received these Comprehensive Plan Amendments on May 26, 2005, pursuant to F.S.163.3184(4), and WHEREAS, Indian River County received the Objections, Recommendations, and Comments Report dated July 25, 2005, from the Florida Department of Community Affairs, and WHEREAS, the Florida Department of Community Affairs had no objections, recommendations, or comments concerning this amendment and ORDINANCE NO. 2005 - 040 WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on September 13, 2005, 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 amendments to the Indian River County Comprehensive Plan identified in Section 2 are 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; (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. Severability 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. 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 ORDINANCE NO. 2005 - Q40 Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Press -Journal on the 29th day of August, 2005, for a public hearing to be held on the 13th day of September, 2005, at which time it was moved for adoption by Commissioner Neuberger seconded by Commissioner na v i s , and adopted by the following vote: Thomas S Lowther, Chairman Arthur R Neuberger, Vice Chairman Wesley S. Davis, Commissioner Gary C. Wheeler, Commissioner Sandra L Bowden, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Thomas S. Lowther, Chairman --?#te-C-c--,t ATTEST B Jeffrey K. Barton, Cle Aye Aye Aye Nay Aye Avyle g �kt by the Department of State of the State of Florida this day of JC, �+ , 2005 Arknnwlerlament from the Depart ent of State received on this 2`1 day of SCP+ - 2005, at fiat ./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. ollins II, County Attorney kAgt: 3 of4 ORDINANCE NO. 2005 - 040 APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP Community Development Director F:\Community Development\Users\LONG RANGE\CompPlan\Jan 2005 amendments\FLUE CPTA\Adoption Ordinance FLUE.doc EXHIBIT A Proposed Text Amendments to the Future Land Use Element VISION STATEMENT To maintain and promote the "Small Town Character" of Indian River County as a low density, low rise and "green" county, while providing for a variety of housing and transportation choices." Policy 1.45: When vacant land within the urban service area is located adjacent to developed property that is built to a density lower than the allowed density of the vacant property, the vacant property shall have a transition area next to the built property with a density in that transition area comparable to that of the built property. Pages 68 and 83.3 of the Future Land Use Element Supplement # Ordinance # 2005 Adopted 2005 Exhibit A Zoning District RFD PRO OCR MED CN CL CURRENT FUTURE LAND USE ELEMENT TABLE 2.13 RELATIONSHIP OF ZONING DISTRICTS WITH LAND USE MAP INDIAN RIVER COUNTY U P C) M N rig P h P rao P P P P P P P P P P P P P P P P P P P P P P P P T T P P P P P P P rif Supplement # Ordinance # 2005 Adopted 2005 P P P P P P P P P P P P P P P P P P P P P MIXED-USE P P P Exhibit A P - District permitted T - District permitted when used as transition from less intense/dense development or consistent with existing development Shaded - District not permitted Pages 107.1 and 107.2 of the Future Land Use Element Supplement # Ordinance # 2005 Adopted 2005 Exhibit A REVISED FUTURE LAND USE ELEMENT TABLE 2.13 RELATIONSHIP BETWEEN LAND USE DESIGNATION AND ZONING DISTRICTS INDIAN RIVER COUNTY Zoning District RFD PRO OCR MED CN CL P i C7 N 0 P P a: P P P P 14 a �F P P P P P P P P P P Supplement # Adopted Ordinance # 2005 2005 P P P P P P T T P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P c4 MIXED-USE U a P P P Exhibit A P - District permitted - Revised Permitted or Transition District T - District permitted when used as transition from less intense/dense development or consistent with existing development Shaded - District not permitted Pages107.1 and 107.2 of the Future Land Use Element Supplement # Ordinance # 2005 Adopted 2005 Exhibit A Commercial The commercial land use category includes land used for retail and wholesale trade, offices, hotels, motels, restaurants, service outlets, automobile service stations and repair facilities. In addition to the commercial areas located in commercial/industrial nodes, several neighborhood commercial nodes have also been established. Limited to a maximum size of 3 5 acres, these neighborhood nodes may not be located within 1 mile of other commercial/industrial nodes or other neighborhood commercial nodes. Neighborhood commercial nodes are highly restricted to ensure development compatibility with surrounding areas. Policy 1.26: In addition to Commercial/Industrial Nodes, the County shall also designate Neighborhood Commercial Nodes, not to exceed 5 acres, for limited retail and convenience uses. New Neighborhood Nodes shall be no closer than 1 mile to existing commercial or neighborhood nodes. Neighborhood Commercial Nodes are not shown on the Future Land Use Map. The existence of a neighborhood node shall not prevent the expansion of an existing non -neighborhood Pages 15 and 78 of the Future Land Use Element Supplement # Ordinance # 2005 Adopted 2005 Exhibit A Residential According to the Housing Element, there were 33,365 residential units in unincorporated Indian River County in 1995. Property Appraiser data indicate that there were 16,409 acres of residentially acres per unit in 1995. Assuming the mix of housing types in the county remains constant and using the .49 acres per unit proportion for the Housing Element's 2020 projection of 19,184 units needed, there would be a need for 21,100 acres of residential land by that time. That increase represents mobile home) and/or densities changes. Based on historical trends, however, the Housing Element anticipates that the proportion of each need increases are anticipated for specific housing types: ages; ae aefern • • • • Residential Allocation Ratio • • A Residential Allocation Ratio (RAR) compares the number of residential units allowed by the future land use map during a certain time period to the number of residential units needed during that time frame. In this case, the time period is from 1995 to 2020. Along with historic land use patterns and other factors, an RAR can be a useful tool to determine the county's residential land use needs. Community Affairs (DCA). Thus, the county and DCA negotiated and settled on a compliance agreement and Pages59 and 60 of the Future Land Use Element Supplement # Ordinance # 2005 Adopted 2005 Exhibit A The following formula is used to calculate the RAR: Total number of units allowed - Number of units existing in 4-995 2005 Total number of units needed in 2020 - number of units existing in -1-995 2005 • That information was converted to Traffic Analysis Zones (TAZ). family lots in each TAZ. • • • acreage in each TAZ. • • • According to the Metropolitan Planning Organization Housing Element, there were 33,365 42,841 units existing in the unincorporated county in 1995 2005. That element projects Based on projections, there will be a need for 19,184 63,898 units in the unincorporated county in 2020. Therefore, 15,819 21,057 new units are needed during the 4-995 2005 to 2020 time period. Based on the above data, the RAR can be determined as follows: 106,442 33,365 – 73,077 19,181 33,365 – 15,819 91,119 – 42,841 = 48,278 63,898- 42,841 = 21,057 Thus, county's current residential allocation ratio is: 7-3-44-7-7/4-578-1-9-4 L. 48,278 / 21,057= 2.29. comprehensive plan than under the plan resulting from the compliance agreement. Pages60 and 61 of the Future Land Use Element Supplement # Ordinance # 2005 Adopted 2005 Exhibit A CURRENT TABLE 2.12 COMMERCIAL/INDUS TRIAL LOCATIONS U .S. 1 & Roseland Road Gibson Street U .S. #1/Sebastian City Limits to Schumann Dr. U .S. #1/Schumann Dr to Breezy Village U .S. #1 & C.R. 510 (north) U .S. #1/C.R. 510 to Hobart Road U .S. #1/77th Street to 69th Street U .S. #1 & 65th Street U .S. #1/57th Street to 49th Street U .S. #1/49th Street to 38th Lane U .S. #1 & 37th Street U .S. #1/Vero Beach City Limits to 8th Street U .S. #1/8th Street to 1st Street S.W. U .S. #1/1st Street S.W. to 9th Street S.W. U .S. #1/Oslo Road to 17th Street S.W. U.S. #1/17th Street S.W. to S. County Line C.R. 510 & 62nd Avenue C.R. 512 & C.R. 510 I-95 & C.R. 512 Grand Harbor Gifford S.R. 60 & 58th Avenue S.R. 60 & I-95 Oslo Road & 27th Avenue Oslo Road & 43rd Avenue 43rd Avenue & 1st Street S.W. U slo Road & 74th Avenue Oslo Road C.R. 510 & S.R. A1A Moorings TOTAL Page 105 of the Future Land Use Element Supplement # Ordinance # 2005 Adopted 2005 1138 ± 15 ± 101 ± 160 ±283.5 ± 174.5 ± 182 ±232 ± 192 ± 184 ±427.5 ±213 ± 187 ± 113 ± 119 ± 40 ± 6 ± 55 ± 694 ± 45 ±340 ±296 ±723 ± 60 ± 77 ± 18 ±626 ± 115 ± 20 ± 11 ±5,847.5 Exhibit A REVISED TABLE 2.12 COMMERCIAL/INDUSTRIAL NODE LOCATION AND ACREAGE U.S. 1 & Roseland Road Gibson Street U .S. #1/Sebastian City Limits to Schumann Dr. U.S. #1/Schumann Dr. to Breezy Village U .S. #1 & C.R. 510 (north) U .S. #1/C.R. 510 to Hobart Road U.S. #1/77th Street to 69th Street U.S. #1 & 65th Street U.S. #1/57th Street to 49th Street U.S. #1/49th Street to 38th Lane U .S. #1 & 37th Street / Medical Node U .S. #1/Vero Beach City Limits to 8th Street U .S. #1/8th Street to 1st Street S.W. U.S. #1/1st Street S.W. to 9th Street S.W. U .S. #1/Oslo Road to 17th Street S.W. U .S. #1/17th Street S.W. to S. County Line C.R. 510 & 62nd Avenue C.R. 512 & C.R. 510 I-95 & C.R. 512 Grand Harbor Gifford S.R. 60 & 58th Avenue S.R. 60 & I-95 Oslo Road & 27th Avenue Oslo Road & 43rd Avenue 43rd Avenue & 1st Street S.W. Oslo Road & 74th Avenue Oslo Road C.R. 510 & S.R. AlA Moorings Page 105 of the Future Land Use Element Supplement # Ordinance # 2005 Adopted 2005 ± 131.03 ± 14.51 ± 139.51 ± 145.07 ±283.87 ± 180.40 ±289.85 ±238.28 ± 187.81 ± 162.41 ±452.55 ±222.55 ± 194.14 ± 114.66 ± 64.05 ± 38.52 ± 5.35 ± 45.21 ± 579.22 ± 31.85 ±498.02 ± 329.29 ± 869.31 ± 60.08 ± 89.20 ± 17.78 ± 539.54 ± 126.40 ± 16.19 ± 10.08 TOTAL ±6,076.54 Exhibit A Indian River County Comprehensive Plan Revised Future Land Use Element Policy 2.8 a. Fire and Emergency Services Within the urban service area, stations shall be located to enable a response time of 'I 6 areas. Access shall be on roadways of sufficient capacity to adequately accommodate delivery of emergency services. b. Libraries Branch libraries shall generally be located no closer than 5 miles from existing Libraries. be developed at the standard of 527 square feet of library per 1000 population. crime rates. d. Public Administration Facilities Public Administration facilities, including the Courthouse, Government Offices and Service Centers and health facilities, should be located within downtown or other areas providing c. Public School& School facilities should be located within the areas to be served and of sufficient size to • • • • • areas and be accessible from adjacent residential areas. Joint educational and recreational facilities should be encouraged. The County shall continue to coordinate with the School Pages 84 and 85 of the Future Land Use Element Supplement # Ordinance # 2005 Adopted 2005 Exhibit A • Policy 2.8: The county hereby adopts level -of -service standards for selected public facilities as follows: ➢ Correctional Facilities The county adopts the following correctional facilities level -of -service standard: ➢ County wide level -of -service standard of 4.5 beds/1,000 permanent plus weighted peak seasonal population ➢ Fire/EMS The county adopts the following Fire/EMS level -of -service standard: ➢ County wide (excluding Indian River Shores) level -of -service standard of .089 Stations per 1,000 permanent plus weighted peak seasonal population ➢ Law Enforcement The county adopts the following Law Enforcement level -of -service standard: ➢ Unincorporated County level -of -service standard of 2.09 officers per 1,000 permanent plus weighted peak seasonal population ➢ Libraries The county adopts the following Libraries level -of -service standards: ➢ County wide level -of -service standard of 580 building square feet per 1,000 permanent plus weighted peak seasonal population ➢ County wide level -of -service standard of 3,200 library material items per 1,000 permanent plus weighted peak seasonal population ➢ County wide level -of -service standard of 0.7 computers per 1,000 permanent plus weighted peak seasonal population ➢ County wide level -of -service standard of 0.2 other library equipment items per L000 permanent plus weighted peak seasonal population ➢ Public Buildings The county adopts the following Public Buildings level -of -service standard: ➢ County wide level -of -service standard of 1.99 building square feet per capita for permanent plus weighted peak seasonal population. Pages 84 and 85 of the Future Land Use Element Supplement # Ordinance # 2005 Adopted 2005 Exhibit A ➢ Schools The county adopts the following Schools level -of -service standards: ➢ County wide level -of -service standard for Elementary Schools of 144.71 building square foot per student station ➢ County wide level -of -service standard for Middle Schools of 117.26 building square foot per student station ➢ County wide level -of -service standard for High Schools of 147.57 building square foot per student station ➢ County wide weighted average level -of -service standard for all schools of 139.07 building square foot per student station ➢ Transit The County adopts the following transit level -of -service standard: ➢ One-hour headways shall be maintained on all fixed transit routes. Pages 84 and 85 of the Future Land Use Element Supplement # Ordinance # 2005 Adopted 2005 Exhibit A