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HomeMy WebLinkAbout2013-109RESOLUTION NO. 2013- 109 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE TRANSMITTAL OF A PROPOSED INDIAN RIVER COUNTY COMPREHENSIVE PLAN TEXT AMENDMENT TO STATE AND REGIONAL REVIEW AGENCIES. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county received a comprehensive plan amendment application during its July 2013 amendment submittal window, and WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on this comprehensive plan amendment request on August 22, 2013, and WHEREAS, the Local Planning Agency, after receiving public comments, made a recommendation to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners held a Transmittal Public Hearing on October 1, 2013, after due public notice; 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 the plan amendment process. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The above recitals are ratified in their entirety. 2. The following proposed amendment is approved for transmittal to State and Regional Review Agencies (Appendix A, proposed policy 5.7 of the Potable Water Sub -Element and Policy 5.8 of Sanitary Sewer Sub -element): F:\Community Development\Comprehensive Plan Text Amend ments\July 2013, PW policy 5.7 and SS policy 5.8\Resolutions and Ordinances\Transmittal Resolution.doc 1 of 2 Appendix A Potable Water Sub -Element Policy 5.7 POLICY 5.7: Consistent with the policies of the Future Land Use Element of this plan, centralized 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 where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map or located no more than 500 feet from an existing centralized potable water main distribution line that is part of a looped system. Theose 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; owned system .-•- • to - • more than 500 feet om any water main distribution line; an• 0• O Any and all costs associated with connecting a property to the potable water system, including costs associated with ZI Ul V VVY.1 esign _permitting, construction, restoration, inspections, and certifications, shall be borne by owner of the property_ • 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 public facilities such as public schools. O agricultural businesses and industries (including biofuel plants) • Areas where, consistent with Potable Water Sub -Element Policy 2.4, the risk of private well contamination is determined to be unacceptably high. Bold Underline: Additions to Ordinan ce S#tke-tiareegk: Deleted Text from Existing Ordinance F:\Community Development\Comprehensive Plan Text AmendmentsUuly 2013, PW policy 5.7 and SS policy 5.8\StafTreports\POLICY 5.7 underline and strike-thru potable water sub-elementdoc Appendix A Sanitary Sewer Sub -Element Policy 5.8 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 where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map or located no more than 500 feet from an existing sanitary sewer line that is part of the county sanitary sewer system. 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; owned system be permitted to extend more han 11 feet from sewer line; • the eenter-fine of a roadway whieh is an Urban Senziee Area. boundar-y, or- more than .. feet ffem the Urban Sef:viee Area betindafy when the boundary is not a r-oadwa Wy 74 o Any and all costs associated with connecting a property to the sanitary sewer system, including costs associated with survey, design, permitting, construction, pumps and lift stations, restoration, inspections, and certifications, shall be borne by the owner of the property. • 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; o clustering of residential development within privately owned upland conservation areas; o clustered development within mixed use districts; o traditional neighborhood design communities; o public facilities such as public schools; and o agricultural businesses and industries (including biofuel facilities) • 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. Bold Underline: Additions to Ordinance %trik�threug� Deleted Text from Existing Ordinance F.\Community Development\Comprehensive Plan Text AmendmentsUuly 2013, PW policy 5.7 and SS policy 5.8\Staff reponsU'OLICY 5.8 underline and strike-thru sanitary sewer sub-element.doc RESOLUTION NO. 2013- 109 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF POLICY 5.7 OF THE POTABLE WATER SUB -ELEMENT AND POLICY 5.8 OF THE SANITARY SEWER SUB - ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. The forgoing Resolution was offered by Commissioner Solari and seconded by Commissioner Flescher and upon being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman Aye Wesley S. Davis, Vice Chairman Aye Peter D. O'Bryan, Commissioner Aye Timothy Zorc, Commissioner Aye Bob Solari, Commissioner Aye The Chairman thereupon declared the resolution duly passed and adopted at a public hearing held this 1st day of October 2013. pp11p •M pMfl BOARD OF COUNTY COMMISSIONEI%A pj MISSipNF*#* INDIAN RIVER COUNTY, FLORIDA =oJ�,� BY.J ph . Flesch, Chairman 005 ATTEST; AS TO,FORly1 AIy� LEGAL SUFFICIENCY K. DeBraal, Deputy County Attorney AS TO PLANNING MATTERS Robert M. Keating, Community Develc t Director 1ptroller F:\Community Development\Comprehensive Plan Text Amendments\July 2013, PW policy 5.7 and SS policy 5.8\Resolutions and Ordinances\Transmittal Resolution.doc 2 of 2