HomeMy WebLinkAbout1992-22ORDINANCE NO. 92- 22
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
FOLLOWING ELEMENTS OF THE COMPREHENSIVE PLAN: THE LAND USE
ELEMENT, THE SANITARY SEWER SUB -ELEMENT, THE POTABLE WATER
SUB -ELEMENT, AND THE CAPITAL IMPROVEMENTS ELEMENT, AND
PROVIDING FOR CODIFICATION, REPEAL OF CONFLICTING PROVISIONS, -
SEVERABILITY AND EFFECTIVE DATE.
rA.HEREAS,--the-Board-o€-County-Commissioners adopted -the -Indian
River County Comprehensive Plan on February 13, 1990, and
WHEREAS, the County received comprehensive plan amendment
applications during its July, 1991 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on
all comprehensive plan amendment requests on September 26, 1991,
after due public notice, and
WHEREAS, the Local Planning Agency recommended approval of
this comprehensive plan amendment to the Board of County
Commissioners, and
WHEREAS, the Board of County Commissioners of Indian River
County held a Transmittal Public Hearing on November 12, 1991,
after advertising pursuant to F.S.163.3184(15)(b)(1) and (c), and
WHEREAS—, -the -Bo-ard—of--County—Commi-ssioners- approved the
transmittal of this comprehensive plan amendment to the Florida
Department of Community Affairs for their review and comment, and
WHEREAS, the Board of County Commissioners announced at the
tranamittal-_publc hearing its intention to hold and advertise a
final public hearing at the adoption stage of this plan amendment,
and
WHEREAS, the Florida Department of Community Affairs received
this Comprehensive Plan Amendment for the State review pursuant to
F.S.163.3184(4), and
WHEREAS, Indian River County received the Objections,
Recommendations, and Comments (ORC) Report from the Florida
Department of Community Affairs on March 9, 1992, and
WHEREAS, Indian River County revised the data and analysis
supporting this comprehensive plan amendment in response to the ORC
Report and pursuant to F.S.163.3184(7), and
WHEREAS, the Board of County Commissioners of Indian River
CountT-hel-d-a-Comprehensive-Plan-Amendment-Adaption-Pubic-Hearing
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ORDINANCE NO, 92-22
on May 5, 1992, after , advertising pursuant to
F.S.163.3184(15)(b)(2) and (c);
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 five (5) copies are
directed to be transmitted to the State of Florida Department of
Community Affairs.
SECTION 2.
Amendments to the comprehensive Plan
0 Revision to policies 1.19, 1.23, 2.4, and 4.3 of the
Future Land Use Element, as shown on Attachment A.
o Creation of policies 1.35 and 1.36 -of the Future Land Use
Element, as shown on Attachment A.
0 Revision to policies 5.9 and 6.1 of the Potable Water
Sub -Element, as shown on Attachment A.
o Revision to. Water and Sewer Connection Matrix, Tables
3.A.16 and 3.B.19, of the Sanitary Sewer and Potable
Water Sub -Elements, as shown on Attachment A.
0 Update of the Capital Improvement Element, as shown on
Attachment .
SECTION 3. Codification
The provisions of this ordinance shall be incorporated into
the County--Code—and the word "ordinance" - my --be changed -to
"section", "article", or other appropriate word, and the sections
of the ordinance may be renumbered or relettered to accomplish such
intentions.
SECTION 4. 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. All special acts of the
legislature applying -only -to the unincorporated portion -of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 5. Severability
It is declared to be the intent of the Board of County
Commissioners that if any provision of this ordinance and
therefore, the Indian River County Comprehensive Plan Amendments
are 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 6. Effective Date
This ordinance shall become effective upon becoming law.
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ORDINANCE N0. 92- 22
Approved and adopted by the Board of County Commissioners o
Indian River County, Florida, on this day of , 1992.
This ordinance was advertised in the Vero Beach Press -Journal
on the 27 day ofApri,l 1992 for a public hearing to be held on the
5 day of May , 1992 at which time it was moved for
adoption by Commissioner Bird , seconded by Commissioner
Wheeler , and adopted by the following vote:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Gary Wheeler Ayp
Commissioner Don C. Scurlock, Jr. Aye
BOARD OF COUNTY COMMISSIONERS'
OF INDIAN RIVER COUNTY
BY:
Carol y- K. Egger,' hairman
ATTEST _BY:
Acknowledgement by the Department of State of thb;State .of Florida
this 11th day of May , 1992.
Effective Date: Acknowledgement from the"; Department of State
received on thisl4th day of May ,1992, at 10:00
A.M./P.M. and filed in the office of the Clerk, of the Board of
bounty Commissioners of -Indian River -County, Florida.
APPROVED AS TO FORM AND
LEGAL
LSSUFFIC ENCY
ill �
William G. Collins II, Deputy County Attorney
obert-M. Reht:ri g, A
Community Devel pmen Director
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ATTACHMENT "A"
FUTURE LAND USE ELEMENT
POLICY 1.19 : Commercial an n ust-r-l-a-1-La ti d- Uses are designat-ed- an
nodes. shall
along•roads and atintersections with functionalclassifications
appropriate to the level of activity.
POLICY 1.23: No node should be considered for expansion unless 70%
of the land area (less rights-of-way) is developed with non-
residential_ and non-agricultural uses, or approved for non-
residential and non-agricultural development, or otherwise -
warranted by the proposed development.
Otherwise warranted may include but not be limited to the
following:
• Developed percentage of a node is between 60% and 70% and
the node expansion meets one of the following criteria:
- expansion of the node is necessary to accommodate
the expansion of an existing use where there is no
suitable vacant land adjacent to the use within the
node, the land proposed for inclusion is owned or
controlled by the owner of the site containing the
use proposed for expansion, and a finding is made
by the Board of County Commissioners that no other
land in the node can feasibly accommodate the
expansion of -t a referenced-ose, or
expansion of an existing node is necessary to
adjust a node boundary that splits a small parcel
of land and a finding is made by the Board of
County Commissioners that development of the parcel
is not feasible with the split land use designation
and that inclusion of the arcel in the node is
mnre annronr3ate than exclusion of the parcel from
• Expansion of a node is necessary to accommodate a use
(such as a regional mall) which has a substantial land
area requirement and no alternate suitable sites are
available in existing nodes.
-Expansion-of- -a node is n-e-cessary- to- compensate for
existing or proposed right-of-way which was included
within the node boundary and included in the node size
calculation, where the node expansion will not exceed the
acreage represented by the right-of-way.
• Expansion of a node is necessary to accommodate a
substantial change in circumstances affecting a property
nriiaront rr, rho nwip. where said chance has had the
etlect of maxing Lne pLypl Ly LLIIb II J. l.6L1c ivi
use Such change could include establishment of an
adjacent, incompatible use, or a significant change in
adjacent development patterns due to an act of government
such as road development and expansion.
• Expansion of a node is necessary to include existing
nri;aronf nnn-rnnfnrmina commercial or industrial uses
Commissioners that the non -conforming uses cannot be
otherwise eliminated.
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To determine the total node acreage and the developed percentage of
a node, the following criteria shall be utilized:
Total Node Acreage:
• The node acreage amounts listed in Table 2.30 of the
Future Land Use Element of the comprehensive plan shall_
be considered general node size estimates.
• At the time of a request for node expansion, the most
updated node boundary map shall be overlaid on the
nronerty aooraiser's tax map to identify all parcels
• Total specific node acreage shall then be determined by
adding the acreage of all parcels and portions of all
split parcels located within the node minus rights-of-
way. The acreage of all parcels, portions of parcels and
rights-of-way shall be the acreage depicted on the
appraiser's map or the acreage determined by scaling
property boundaries on the appraiser's map and
Developed Acreage
• Developed acreage consists of the aggregate acreage of
all non-residential and non -agriculturally developed
sites located within a given node. Any approved and
valid site plan for non-residential and non-agricultural_
development within a given node shall also be included in
the developed node acreage amount.
• For large parcels, only that portion of the site which
has existing development or has planned development which
is depicted on an approved site plan as "the area of
development" shall be considered to be developed. The
area -of-development is that—Rortian_ of a -project_ which_
consists of site improvements and areas to serve those
improvements, including open areas needed to meet the
county's size, dimension and development requirements.
The area of development consists of buildings, parking
lots, drainage facilities ,access roadways, open spaces,
buffer areas, and other similar areas needed to fulfill
the county's requirements.
• The -acreage of all parcels and Porti -ons $f- parcels
determined to be developed shall be the acreage depicted
on the property appraiser's map or the acreage determined
by scaling property boundaries on the property
appraiser's map.
Developed Percentage Calculation
• The developed percentage of a node shall be calculated by
dividing the total developed acreage in the node by the
total node acreage.
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POLICY 1.35: Indian River County recognizes that because of the
scale of the Future Land Use Map, the exact boundaries of
Commercial/ Industrial nodes delineated on the map may require
interpretation in order to determine the exact land use designation
of various parcels—,lots nd racts wherefore -when-necessagL--
the following criteria shall be used to establish the location of
a_ specific node boundary line on large-scale node boundary maps and
on the county's zoning atlas:
a) A node boundary line is subject to interpretation only when an
inspection of the Future Land Use Map reveals that a boundary line
does not obviously correspond to a mayor roadway right of ways
canal, waterbody section line, or corporate limit delineated on
the Map;
b) If the location of a node boundary line is subject to
interpretation because it does not obviousl CO—Spiond to a
natural or man-made feature listed above then the location of the
boundary line shall be determined by the following criteria:
1. If inspection of the Future Land Use Map and maps
-depictinq-lot ,-parcel or--tract-lines-reveals that a node
boundary_ line splits a lot, parcel or tract, and if the
portion of the split lot, parcel or tract within the node
is precluded from development, as permitted by the Future
Land Use Map designation, because of such split, then the
node boundary line shall be located to exclude the entire
lot, parcel or tract from the node; or
2. If inspection of the Future Land Use Map and maps
depicting lot, parcel or tract lines reveals that a node
boundary line splits a lot, parcel or tract, and if the
portion of the split lot, parcel of tract outside the
node is precluded from development, as permitted by the
Future Land Use Map designation, because of such split,
then the node boundary line may be extended up to 500
feet to incorporate the entire split lot, parcel or tract
provided that no more than five additional acres are
added to-the --node. -- An extension of a node boundary line
to include within the node an entire lot, parcel or tract
that would otherwise be precluded from development if the
boundary line were not extended shall be approved by the
Board of County Commissioners upon recommendation by the
Planning and Zoning Commission in conjunction with a
rezoning of the affected property, To prevent repetitive
extension of the boundary line, a node boundary line may
be extended one time only and shall be permanently fixed
and final unless changed-by an approved-plan amendment.
c) Reference in this policy to the terms "parcel, lot or tract"
shall not include any alterations to theproperty's tax parcel
legal description that are made after February 13, 1990.
POLICY 1.36: Any proposed residential development project
adjacent to land designated as AG-1, AG-2, or AG-3 on the
comprehensive plan, where such land is characterized by active
agricultural operations involving citrus groves, orchards, field
crops, truck farming, or livestock and other animal raising, shall
as a condition of development approval provide buffers between the
agricultural and residential use(s), as follows:
a. For projects designated for development at one unit per
acre or less, a minimum fifty foot buildinq (residence)
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setback is required; within the fifty foot setback, a
vegetative buffer with a minimum width of twenty feet and
a six foot opaque feature shall be provided.
—For than one_
unit per acre, a fifty foot building (residence) setback
shall be established. In lieu of a fifty foot setback,
a minimum twenty -five-foot bufferyard and a vegetative
buffer with a minimum width of twenty feet and a six foot
opaque feature shall be provided.
POLICY 1.37 By 1993, Indian River County shall conduct a
corridor study for each roadway which serves as an urban service
-area boundary—. -A corridor-includes-road-right-o-€-way-and property
within one-quarter mile of land area on both sides of the right-of-
way. The Kings Highway Corridor is hereby designated as a high
priority corridor study area. For each corridor studied, the
analysis shall identify programmed infrastructure improvements,
particularly water and sewer lines. Where water and sewer lines
are planned for installation within the right-of-way of a roadway
serving as the urban service area boundary, the study will examine
the financial, environmental and physical impacts of providing
urban services to land on both sides of the right-of-way. Based
upon the study results, the existing urban service area designation
and land use plan designation for lands within the corridor will be
assessed, and necessary changes will be identified. Any identified
changes shall address the need to reduce the size of the Urban
Service Area boundary depicted on the Future Land Use Map in order
to compensate for any recommended expansion of the Urban Service
Area boundary to discourage the proliferation of urban sprawl, to
,ensure -afire -separation of -urban -and -rural -land -us -es -and to -maintain
the relationship between the needs of the projected population and
the land uses depicted on the Future Land Use Map. Such changes
shall address the need to reduce the size of the Urban Service Area
boundary depicted on the Future Land Use Map in order to compensate
for any recommended expansion of the Urban Service Area boundary to
discourage the proliferation of urban sprawl, to ensure the
separation of urban and rural land uses and to maintain the
relationship between the needs of the projected population and the
land uses depicted on the Future -Land Use Map Such changes -shall
then be considered by the Board of County Commissioners as proposed
comprehensive plan amendments.
POLICY 2.4: Urban Service Area designations are shown
0 on the Land Use Map.
POLICY 4.3-: Activity centers such as commercial, office, and
industrial centers shall be located within the commercial and
industrial nodes • • •• to ensure efficient utilization of
the transportation network.
SANITARY SEWER SUB -ELEMENT
POLICY 5.9: Consistent with the policies of the Future Land Use
Ei-ement of tiris—plan , provision of centrali-zed sanitary—sewer
service shall be limited to the service areas shown on Figures
3.A.8, 3.A.9, and 3.A.10 of the Sanitary Sewer Sub -Element.
Centralized sanitary sewer services shall be allowed in areas of
development outside of the 2010 Urban Service Area when such
development meets the criteria of 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; or
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clustering development within mixed use districts.
POLICY -6-1:- Use-of-on=site wastewater treatment systems -shad -be
limited to the following conditions;
o Existing septic tank and package treatment plants may remain
in-service until such time as centralized service is made
available; .at such time the county shall enforce existing
regulations -requiring single family units within 200 feet of
county sewer lines to connect to the county system. When
service is .available, all units in subdivisions with 1/4 mile
of the county sewer line and all commercial/industrial uses
shall be connected to the county system. Residential units
and/or commercial/industrial establishments having -a health
problem due to their sewer treatment system must connect to
e regions ssy—stem—regardless-of-the-distance.
Use of septic tank systems-tor--ne"evelopment shall be
prohibited unless such development meets the criteria set on
the water and wastewater connection matrix on Table 3.A,16-.
o Use of package treatment plants shall be limited to
residential, commercial and light industrial development
projects in areas of the county inside the 2010 Urban Service
Areas which do not have access to the existing county system,
with the requirement that when the county system is extended
to this area, these developments must connect to the regional
system and pay the appropriate fees. The county shall modify
its land development regulatio�y September 1950, to require
the developer to construct a dry line or wet line at the time
of construction when -the -above -criteria appy.
Package treatment plants shall—be allowed in areas of-
A—ralnnmant n11tgiHP of the 2010 Urban Service Area when such
• clustering of residential development within agricultural
areas,_
• clustering of residential development within privately
owned upland conservation areas; or
• clustering -development within mixed use districts.
POTABLE-WA`fEVSUB-ELEMENT
PGLICY--5:9: Consistent with the policies -of the -Future Land Use
Element of this plan, provision of centralized potable water
service shall be limited -to the service areas shown on Figures
3.B.7, 3.B.8, and 3.8.10 of the Potable Water Sub -Element, and to
areas where the county has legal_ commitments to provide facilities
and services as of the date of adoption of this plan. Centralize
notable water service shall be allowed in areas of development
clustering of residential development within agricultural
clustering of residential -development -within -privately
owned upland conservation areas; or
clustering development within mixed use districts.
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POLICY 6.1: Use of on-site treatment systems shall be limited to
the following conditions:
Existing wells and privately owned public water treatment
plants may remain in service until such time as centralized
service is made available; at such time the counnn'ty shall
enforce existing regulations requiring all single family units
within200-feet-of county water -ii -nes -to connect to the county
system. When service is available, all units in subdivisions
within 114 mile—of--the county-- water line and all
commercial/industrial uses shall connect to the county system.
Residential-units-and/omacommercial/industrial establishments
having health problems due to their water treatment system
must connect -to -the public water --system- regardless of the
distance.
C Use of private wells for new development shall be prohibited
unless such development meets the criteria set on the water
and wastewater connection matrix on Table B. 9.
All new developments utilizing on-site po water—
facilities shall be required to construct a dry line or wet
line atthe
se of privately owned -public water -treatment plants -shall be
limited to residential, commercial and light industrial
development projects in -areas ofthe-countyinside the 2010
Urban Service Areas which do not have access to the existing
county system, _with the requirement that when the county
system is extended to this area, these developments must
connect to the county system and pay the appropriate fees.
vately owned public water treatment plants shall be allowed
areas of development outside of the 2010 Urban Service Area
,n such development meets the criteria of policies of the
• clustering of residential development within agricultural
areas;
• clustering of residential development within privately
owned upland conservation areas; or
clustering development w'ti hin mixed use districts.
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This matrix will replace the old connection matrix. The matrix and
footnotes are completely revised.
TABLE -3 -.A -.H
AND 3.B.19
WATER-&-WASTEWATER-CONNECTION-MATRIX-
FOR A NEW DEVELOPMENT
INSIDE OF THE URBAN
SERVICE AREA
thin 2001 of system X tside of 200' of system J X**
sidential Projects:
bdivision, multi -family
to plan, PD, DRI
thin J mi. of the system
25 units or more X
Less than 25 units X
tside of J mi. of system
25 units or more X
Less than 25 units X**
-Residential Projects:
2,000 gallons daily flow
or more *
Less than 2,000 gallons
daily flow
----------------------------------
side of J mi. of system
2,000 gallons daily flow
or more * . _
Less than 2,000 gallons
dai-1 f -low X**
�`-Dai-ly flow refers to, -water consumption -or sewer generation.
**The applicant for A,n,__v development project-, where such project
will not connect to a centralized system, must sign a developer's
agreement with the Indian River County Utilities Department to
operate on a private system with a commitment to connect to the
regional system when service is available. These agreements shall
be conditioned upon demonstration of c�l—ance with applicable
federal, state; and local permit requirements. When using a
private system or on-site-faciiities-,--the-developer must construct
a dry line or wet line at the time of construction, if required by
the Utilities Department. The final -determination for the type of
non-residential establishment which can utilize a private system
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shall be made by the Utilities Department, Community Development
Department, and Environmental Health Department.
emva labi iT'�K--system-i.-s--considered available when a
collection or distribution line exists in a public easement or
uistance -DeterainIation4—Distance-determinations are made from the
nearest point of. the project (area of development) to the public
facility directly through public easements or public rights-of-way.
\u\v\s\CP0157
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