HomeMy WebLinkAbout1981-24Cl:
ORDINANCE NO. 81- 24
AN ORDINANCE ESTABLISHING A MORATORIUM ON THE
REVIEW AND APPROVAL OF ALL SITE PLANS, AS PRO-
VIDED FOR IN APPENDIX A, ZONING, SECTION 23,
INDIAN RIVER COUNTY CODE OF ORDINANCES, ON THE
NORTH BEACH AREA OF THE BARRIER ISLAND, AN AREA
LYING NORTH OF THE TOWN LIMITS OF INDIAN RIVER
SHORES, WEST OF THE ATLANTIC OCEAN, EAST OF THE
INDIAN RIVER AND SOUTH OF THE NORTH COUNTY LINE,
LESS THE TOWN OF ORCHID, SAID LANDS LYING WITHIN
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR FIND-
INGS OF FACT, LEGISLATIVE INTENT AND PURPOSE; A
TIME PERIOD FOR SAID MORATORIUM; A PROVISION FOR
EXCEPTIONS; A PENALTY PROVISION; A PROVISION PRO-
VIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
FINDINGS OF FACT
WHEREAS, Indian River County is required to adopt a Comprehensive
Plan pursuant to the Local Government Comprehensive Planning Act of 1975,
Florida Statutes 163.3161 et seq, and
WHEREAS, The Indian River County Planning and Zoning Commission,
acting as the Local Planning Agency, after a thorough st•ady and analysis
conducted from May, 1980 to April, 1981 and pursuant to public hearings
held on April 15th, 16th and 23rd, 1981 accepted and recommended to the
Board of County Commissioners of Indian River County for adoption, the
Indian River County Comprehensive Plan, and
WHEREAS, the Land Use Element of the Comprehensive Plan incorporates
a Barrier Island Study of Indian River County, conducted by the Treasure
Coast Regional Planning Council, at the request of the Indian River
County Board of County Commissioners, which study was completed in April,
1981, and
WHEREAS, the Barrier Island Study raises serious issues regarding
the capacity of the barrier island under both existing growth patterns
and those allowed under the proposed Comprehensive Plan to provide
adequate levels of service with regard to traffic circulation, waste
water treatment and potable water supply, and points out'the necessity
for special treatment for certain environmentally sensitive areas, and
.PUBLIC PURPOSE AND LEGISLATIVE INTENT
WHEREAS, it is the intent and purpose of the Board of County Com-
missioners of Indian River County to provide for the public health,
safety and welfare, and to promote these ends by providing all residents
of Indian River County a compatible living environment with adequate
public services sufficient to accommodate both present needs as well as
future demand, and at the same time to protect the unique environment
Rand quality of life in Indian River County, and
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WHEREAS, accor_i: ,.,, a memorandum by David Rever, Planning and
Zoning Director of Indian River Countv, dated May 27th, 1981, there
are presently site plan applications in varying stages, encompassing
approximately 2,048 residential units contained on approximately 302
acres of the North Beach area of the barrier island, and
WHEREAS, the capacity of the island to support growth at this
rate has been questioned by the Barrier Island Study, and
WHEREAS, the Board of County Commissioners, in order to best insure
the public health, safety and welfare, requires adequate time to analyze
the proposed Comprehensive Plan, to conduct public hearings thereon, and
to adopt the same, and
WHEREAS, to allow continued processing and approval of site plans
would impair or -negate the purpose of the planning process mandated by
the Local Government Comprehensive Planning act,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COP'tIISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, pursuant to, but not limited by, the
Florida Constitution, Article VIII, Section 1 (f); Florida Statutes
125.01(1)(g); 125.01(1)(h); 163.3131(1)(a); 163.3167(1)(b), that a
moratorium of one hundred twenty (120) days or until the Indian River
County Comprehensive Plan is adopted b_v The Board of County Commissioners,
whichever period is shorter, is hereby established on the processing
and approval of all pending and future site plan applications pursuant
to Appendix A, Zoning, Section 23, Indian Fiver County Code of Ordinances,
for projects lying within the following described area:
A North Beach area of the barrier island, an
area lying North of the town limits of Indian
River Shores, West of the Atlantic Ocean, East
of the Indian River and South of the North County
line, less the Town of Orchid, said lands lying
within Indian River County, Florida.
Site plans for River Bend, Sea Oaks and Bay Tree
now on file and as more specifically described
within each site plan application, conditioned
on each site plan not exceeding 6 units per acre,
are exempted from this ordinance.
The Board of County Commissioners of Indian*River County may receive
and consider requests for granting of exceptions from the terms of this
ordinance and to grant such exceptions as will not be contrary to the
public interest.- In considering requests for exceptions, The Board of
County Commissioners shall consider whether or not the applicant, in
good faith, has relied upon an act or omission by the county and as a
result of such reliance has made such a substantial change in position
or has incurred such substantial obligations and expenses that it would
be highly inequitable or unjust to apply the provisions of this ordinance.
Exemption requests shall be considered by The Board of County
Commissioners at a public hearing held pursuant to published public
notice of the material contents of the request, at least fifteen (15)
days, excluding Sundays and legal holidays, prior to the scheduled
date of the public hearing.
Should any section, clause, word or provision of this ordinance or
application of a provision contained within this ordinance be declared
by the courts to be unconstitutional or invalid, such declaration shall
not affect the validity of the ordinance as a whole or any part thereof,
other than the part or application declared to be unconstitutional or
invalid.
The Board of County Commissioners may enforce the provisions of
this ordinance by seeking injunctive relief or any other remedies
provided by law.
This ordinance shall take effect as prescribed by law.
This ordinance shall take effect July 9, 1981.
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
OFFICE.
FREDA WRIGHT, CLERK
BY
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