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HomeMy WebLinkAbout1985-22INDIAN RIVER COUNTY ORDINANCE NO. 85 - 22 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, IMPOSING A MORATORIUM ON THE REVIEW AND APPROVAL OF RESIDENTIAL DEVELOPMENT IN EXCESS OF THREE UNITS PER ACRE ON ALL PROPERTY LOCATED IN THE UNINCORPORATED PORTION OF THE BARRIER ISLAND IN INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR: AUTHORITY; 1 ADOPTION OF TIANSPORTATION ELEMENT OF HUTCHINSON ISLAND RESOURCE MANAGEMENT PLAN; DEFINITIONS; MORATORIUM; DURATION OF MORATORIUM; DEVELOPMENT RESTRICTIONS FOR APPLICATIONS AFFECTING ROADS CURRENTLY BEYOND CAPACITY; INCORPORATION IN CODE; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, Orchid Island in the unincorporated area of Indian River County harbors a highly dynamic and ecologically sensitive coastal ecosystem, which is of substantial economic and ecological importance to the Treasure Coast region and the State of Florida, and WHEREAS, the Atlantic beaches and dunes on Orchid Island in the unincorporated area of Indian River County represent one of the few remaining naturally functioning beach -front systems in the southeast Florida region, and WHEREAS, Orchid Island in the unincorporated area of Indian River County harbors some of the most biologically productive and expansive wetlands in the southeast Florida region, and WHEREAS, Orchid Island in the unincorporated area of Indian River County is presently served by limited public water and sewage facilities, and WHEREAS, Orchid Islandin the unincorporated area of Indian River County is served by three bridges, two in the City of Vero Beach and one at Wabasso, and one major arterial, AIA, and WHEREAS, the existing plus approved development on Orchid Island will place these existing transportation facilities at, and in some instances above capacity, creating serious health and safety problems including traffic congestion and evacuation concerns in case of hurricane, and WHEREAS, the existing plus approved development on Orchid Island has also begun creating other land use problems, possible degradation of the waters of the Indian River, the beach -front systems, and the wetlands of Orchid Island, and WHEREAS, there is a substantial amount of additional developable land remaining on Orchid Island in the unincorporated area of Indian River County, which if developed under the County's existing Comprehensive Plan and Zoning Ordinance will exacerbate these recognized health, safety and welfare problems, and WHEREAS, on October 8, 1982, Governor Bob Graham, as Chief Planning Officer of the State of Florida and in recognition of the environmental and economic treasures of the Hutchinson Island area and the health and safety problems that exist there, appointed the Hutchinson Island Resource Planning and Management Conmittee ("the Committee") pursuant to Section 380.045, Florida Statutes, a portion of which includes the unincorporated area of Indian River County on Orchid Island, and WHEREAS, the objectives of the Camdttee were to organize a voluntary, cooperative resource planning and management program to resolve the land use, environmental, transportation, hurricane evacuation, and public facility problems in the area, and prevent future problems which may endanger the area's resources, and WHEREAS, the Ccnmittee developed the Hutchinson Island Resource Management Plan ("Management Plan") to accomplish these objectives, and formally adopted the Management Plan on October 6, 1983, and WHEREAS, the Committee readjourned on November 15, 1984, to evaluate each local government's compliance with the Management Plan and found partial compliance with the Management Plan in Indian River County, noting certain deficiencies particularly with respect to the transportation facilities, and WHEREAS, the Cannittee has recommended that procedures be initiated to designate the Hutchinson Island area, including that portion of Indian River County on Orchid Island, as an area of critical State concern pursuant to Section 380.05, Florida Statutes, unless the local governments within the area, including Indian River County, cane into full compliance with the Management Plan, and WHEREAS, the Committee indicates that to canply fully with the Management Plan, Indian River County must conduct a transportation and public improvements study and make the necessary Comprehensive Plan amendments and zoning changes to implement the conclusions and recommendations of the study, so as to resolve the present health, safety and welfare problems on Orchid Island in the unincorporated area of Indian I River County, and that these efforts must be approved by the Florida Department of Community Affairs, and WHEREAS, under the Constitution and laws of the State of Florida, Indian River County has the authority to undertake planning studies to address recognized land use, transportation, hurricane evacuation, and public safety problems, and amend its Comprehensive Plan and change its zoning and land use regulations to resolve such problems, Section 163.3161 et. seq., Florida Statues, and WHEREAS, on September 26, 1984, the Indian River County Board of County Commissioners, in recognition of these state and local concerns about the present land use, transportation, and hurricane evacuation problems on Orchid Island initiated a study to assess these problems and recommend for adoption Comprehensive Plan amendments and zoning changes to insure their resolution as well as implementation of the recommendations of the Hutchinson Island Resource Management Plan, and WHEREAS, it is the intent of the Board of County Commissioners of Indian River County ("County Commission") to insure that no undesirable construction is established which would frustrate the goals of this ongoing study and pending Comprehensive Plan amendments and zoning changes, it is the desire of the County Commission to impose this interim moratorium on the development of residential property on Orchid Island in the unincorporated area of Indian River County, and to give notice that any development applications it has received shall be subject to these pending Comprehensive Plan amendments and zoning changes, and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COtIVISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AUTHORITY The Board of Commissioners has authority to adopt this ordinance through its general non -charter county powers pursuant to Article VIII of the Florida Constitution and Chapters 125, 163, 252.38, and 380 of the Florida Statutes, and all other applicable laws of the State of Florida. SECTION 2. ADOPTION OF TRANSPORTATION Rr,m71W OF MANAGU4Wr PLAN For the purpose of this interim moratorium Ordinance, the Transportation section of the Hutchinson Island Resource Management Plan ("Management Plan") is hereby adopted as if fully set forth herein (see Appendix 1), including but not limited to the analysis of the principal transportation system, the assumptions upon which the study is based, and the trip generation rates set forth in the Management Plan. SECTION 3. DEFINITIONS (a) Barrier Island shall mean that portion of unincorporated Indian River County lying east of the eastern mean high-water line of the Indian River. (b) Development approval shall mean any action of the Planning and Zoning Commission, Board of County Commissioners, Board of Adjustment, administration, committees, boards, or employees of the Board of County Commissioners of Indian River County, approving, authorizing, or reccnumding in favor of any Comprehensive Plan amendment, site plan approval or preliminary plat approval. (c) Residential Unit shall include all types of development that provide lodging on a temporary or permanent basis including, but not limited to, single-family residential units, multi -family residential units, hotels, motels, recreational vehicle parks and similar uses. SECTION 4. INTERIM MORATORIUM Development approvals for projects on the barrier island shall not be granted or reviewed for any project where the project's density exceeds three -residential units per acre. In calculating the maximum density allowed pursuant to the Section, the County will apply the three -units per acre criteria to the gross buildable acreage of the project site, as defined in the Management Plan. SECTION 5. DURATION OF MORATORIUM This moratorium shall remain in full force and effect until December 31, 1985. SECTION 6. DEVEDOPMENT RESTRICTION FOR PROJECT AFFECTING ROAD CURRENTLY BEYOND CAPACITY Not withstanding the foregoing, approval shall not be granted for development application during this interim moratorium, if at the time of its review, any link in the transportation network of the barrier island that is significantly impacted by traffic from the proposed project is beyond Level of Service C (average annual) or Level of Service D (peak season) considering only existing traffic. SECTIO14 7. INCORPORATION IN CODE This Ordinance shall be incorporated into the Code of Indian River County and the word 'ordinance" may be changed to "section," "article," or other appropriate word and the sections of this Ordinance may be renumbered or relettered to accomplish such purposes. SECTION 8. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the legislative intent that the invalidity shall not affect other provisions or applications of this Section which can be given in effect without the invalid provision or application, and to this end, the provisions of this Section are declared severable. EFFECTIVE DATE The provisions of this Ordinance shall become effective upon receipt from the Secretary of the State of Florida of official acknowledgment that this Ordinance has been filed with the Department of State. Approved and adopted by the Board of County Conmissioners of Indian River County, Florida on the 13th day of March 1985. BOARD OF COUNTY COWffSSIONXW- •COUNTY Acknowledgment by the Department of State of the State of Florida this 25th day of March , 1985. Effective Date: Acknowledgement from the Deparbwnt of State received on this -28th day of March , 1985, at 2:00 A.M./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 S Y RANDENBURG, Co y ttorney