HomeMy WebLinkAbout2006-029ORDINANCE NO. 2006 - 029
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
TEXT OF THE COMPREHENSIVE PLAN'S CONSERVATION ELEMENT,
POTABLE WATER SUB -ELEMENT, AND SANITARY SEWER SUB -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 2006 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on all
comprehensive plan amendment requests on March 23, 2006, 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 2, 2006, 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 15, 2006, pursuant to F.S.163.3184(4), and
WHEREAS, Indian River County received the Objections, Recommendations, and
Comments Report dated July 14, 2006, from the Florida Department of Community
Affairs, and
WHEREAS, the Florida Department of Community Affairs had no objections,
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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 September 19, 2006, 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 Conservation Element; (Exhibit A)
b. Amend the Potable Water Sub -Element (Exhibit B)
C. Amend the Sanitary Sewer Sub -Element (Exhibit C)
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
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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 4th day of September,
2006, for a public hearing to be held on the 19`" day of September, 2006, at which time it
was moved for adoption by Commissioner Davis , seconded by
Commissioner Neuberger , and adopted by the following vote:
Arthur R. Neuberger, Chairman
Aye
Gary C. Wheeler, Vice Chairman
Nay_
Wesley. S. Davis, Commissioner
_Aye
Thomas S. Lowther, Commissioner
Aye
Sandra L. Bowden, Commissioner
Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
B
Arthur R. Neu erger, �rn
ATTEST BY:- _ J
- r'0,*-` Jeffrey K. Barton, Clerko
r-
t+ -
Acknowledgment by the Department of State of the State of Florida this I do day of
2006
Acknowledgment from the Department of State received on this day of
2006, at A.M./P.M. and filed in the office of the Clerk of the
Board of County Commissioners of Indian River County, Florida.
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert RKeating, AICP
Community Development Director
FACommunity Development\UsersULONG RANGE\CompPlan Amendments\2006 CPA\Conservation Element and PW SS sub elements\Adoption Ordinance.doc
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PROPOSED TEXT AMENDMENT
INDIAN RIVER COUNTY COMPREHENSIVE PLAN
Page 107 of Conservation Element
SECTION 1. Amend the Conservation Element by adding new Policy 12,11, under Objective
12 as follows:
Policy 12.11: The county shall coordinate with federal, state and local agencies, as well
as nonprofit organizations, in acquiring and managing natural areas and open space.
Supplement 8; Ordinance 2006 - Exhibit A
Adopted September 12, 2006
Comprehensive Plan Potable Water Sub -Element
POLICY 5.7: 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:
• 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 loeatea east of oc� where at least a
portion of the site is contiguous to ffoi4s on a publie readway whieh serves -as -an
Urban Service Area boundary as depicted on the Official Future Land Use Map.
These areas are subject to the following provisions:
O The maximum density of such land shall be as shown on the Official
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 centerline of a roadway which is an Urban Service Area
boundary, or more than 500 feet from the Urban Service boundary when the
boundary is not a roadway.
• 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...;
O Dublic facilities such as public schools.
• 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.
Community Development Department Indian River County 36
Supplement 8; Ordinance 2006 - Exhibit B
Adopted September 12, 2006
f � �
Comprehensive Plan 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:
• 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 -a leeatea east of 195,
where at least a portion of the site is contiguous to fonts o I "
roadway .,,hie ser-ves ^-s an Urban Service Area boundary as depicted on
the Official Future Land Use Map. These areas are subject to the
following provisions:
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 sanitary sewer lines be permitted to
extend more than 500 feet from the centerline of a roadway which
is an Urban Service Area boundary, or more than 500 feet from the
Urban Service Area boundary when the boundary is not a roadway.
• Development projects located outside of the Urban Service Area that meet
the criteria of the policies of the Future Land Use Element for:
• clustering of residential development within agricultural areas;
• clustering of residential development within privately owned
upland conservation areas;
• clustering development within mixed use districts; or
• traditional neighborhood design communities...;
• public facilities such as public schools.
• 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.
Community Development Department Indian River County 41
Supplement 8; Ordinance 2006 - Exhibit C
Adopted September 12, 2006