HomeMy WebLinkAbout1991-25ORDINANCE NO. 91-25
AN. ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
FOLLOWING ELEMENTS OF THE COMPREHENSIVE PLAN: FUTURE LAND USE;
HOUSING; INFRASTRUCTURE; CONSERVATION; CAPITAL IMPROVEMENTS;
AMENDING THE FUTURE LAND USE MAP; AND PROVIDING FOR
CODIFICATION, REPEAL OF CONFLICTING PROVISIONS, SEVERABILITY
AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Indian
River Count-y-Comprehensi-ve-Plan-en-February-13-, 1990 -r -and
WHEREAS, the Local Planning Agency held a public hearing on
all comprehensive plan amendment requests on November 15, 1990,
after due public notice, and
WHEREAS, the Local Planning Agency recommended approval of
this comprehensive plan amendment to adopt the remedial actions
required by the Indian River County/DCA Stipulated Settlement
Agreement to the Board of County Commissioners, and
WHEREAS, the Board of County Commissioners of Indian River
County held a Transmittal Public Hearing on December 11, 1990, .
after advertising pursuant to F.S.163.3184(15)(b)(1) and (c), and
WHEREAS, the Board of County Commissioners approved the
transmittal of this comprehensive plan amendment to the Florida
Department of Community Affairs fortheir review affid comment, 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 this plan amendment,
WHEREAS, the Florida Department of Community Affairs received
the Indian River County Comprehensive Plan Amendments on December
19, 1990, 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 April 22, 1991, and
WHEREAS, Indian River County revised this comprehensive plan
amendment to strictly comply with its stipulated Settlement
Agreement in response to the ORC report pursuant to F.S.
163.3184(7), and
WHEREAS, the Board of County Commissioners of Indian River
County held the Comprehensive Plan Amendment Adoption Public
Hearing -on -June -1. 1-991; after—adverting-pursuant
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ORDINANCE NO 91- 25
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:
SECT -ION l omprehens ve Plan Amendment Adoption and
Transmittal
This proposed amendment to the Indian River County
Comprehensive Plan is 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
The Indian River County Comprehensive Plan is hereby amended
to adopt the remedial actions required by the Indian River
County/DCA Stipulated Settlement Agreement by:
o Revision to the tFuture Land Use Map (Figure 2.34), as
shown on attachment A
a Rev-i&i on-tithe-pol-ici e. --c 1.8 , �.5 , 5=4 5- 5, 5-S .-5 . a ,
and 7.3 of the Future Land Use Element, as shown on
o Addition of policies 1.32 and 5.8 to the Future Land Use
Element, as shown on attachment A
o Revision to the data and analysis portion of the Future
Land Use Element, including Tables 2.26a and 2.26b, as
shown on attachment A
Revision to objective , and policies 6.1 and 6.3 of the
Conservation Element, as shown on attachment A
o , Addition of policies 6.14 and 6.15 to the Conservation
Element, as shown,on attachment A .
o vision—to—the data—and—analysis portion—of the
Conservation Element, as shown on attachment A
o Revision to policy 2.2 of the Housing Element, as shown
on attachment A
o Revision to the data and analysis portion of the Housing
Element, including Table 7.21, as shown on attachment A.
Devasion o tWa a awn Viewer connection a rix,('Iables
3.A.16 and 3.B.19) of the Sanitary Sewer and Potable
Water sub -elements, as shown on attachment A
o Revision to the data and analysis portion of the Capital
Improvements Element, including Tables 13.18 and 13.23,
as shown on attachment A
SECTION 3. Codification
The provisions of this ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of the ordinance may be renumbered or relettered to accomplish such
intentions.
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ORDINANCE NO. 91- 25
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 he extent of-such—conflict: A11--specia1-- actsJaf- the
legislature applying only to the unincorporated portion of Indian
River County andwhichconflict 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 an 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 e deemed a
separate, distinct and independent provision and such holding shall
not affect the validity of the remaining provisions.
SECTION 6. Effective Date
Thisordinance-shal-1 become effective-upon--adoption--pursuant
to F.S.163.3194.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 18th day of June ,1991.
This ordinance was advertised in the Vero Beach Press -Journal
on the 10th day of June , 1991 for a public hearing to be
held on the 18th day of June , 1991 at which time it was
moved for adoption by Commissioner Eggert , seconded-
Commissioner
econ ed -Commissioner Bowman and adopted by the following
vote:
Chairman Richard N. Bird Aye
Vice Chairman Gary C. Wheeler Absent
Commissioner Carolyn K. Eggert Aye
Commissioner Margaret C. Bowman Aye
Commissioner Don -C —Scurlock,-Jn. Ay -e
OF INDIAN RIVER COUNTY
BY:
ATTEST BY:
Acknowledgement by the Department of Sta a of the Stafe of Florida
this 27th day of June , 1991.
Effective Date: Acknowledgement from the Department of State
received on this ist day of July ,.1991, at 10:00
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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ORDINANCE NO. 91-
25
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
I a ,...tit .f D
,—
William G. Collins II, Assistant County Attorney
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Robrrt ff. eating, AIC .
Community Development IArector
u\v\c\COMPLI.ORD
todu Giem Ca Approved Date
Admin.
Legal u�
Budget ((
Dept
Risk Mgr.
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ATTACHMENT "A"
FUTURE LAND USE MAP
The adopted Future Land Use Map (Figure 2.34) is changed as
follows:
Reduction in density for agricultural land
west of the St Johns Marsh from—"nit/5
acres to 1 unit/20 acres
Reduction in density for agricultural land
between I-95 and the St. Johns Marsh (except
for areas around Fellsmere and the I-95/CR512
area that will remain l unit/5 acres) from 1
unit/5 acres to 1 unit/10 acres.
Revision of the urban service area boundary in
the central portion of the county between
CR510 and 33rd St. The boundary will be move
east from 74th Avenue to 66th Avenue, except
for the area between•81st St. (approximately)
and 49th St. where the boundary will be moved
generally 1/2 mile east .of 66th Avenue. This
reduces densities in these areas from 1
gni-t/ac-re-and-3=units-tacr-L—to-l.-unit /5 -acres,
Recvision of the urban service arca boundary inom, '
the south county from 16th Street to the south
county line, generally, from 82nd Avenue to
58th Avenue. Mostly, this is a density
reduction from 1 unit/acre to l unit/5 acres;
however, it also includes some areas which are
reduced from 3 units/acre and 6 units/acre to
L unit/5 acres.
evasion of Wo areas within the revised urban
service area. These are:
reduction in density of area south
of Sebastian and north of CR510 from
3 units/acre to. 1 unit/acre.
reduction in density of area from
66th Avenue to 1/2 mile -east from
49th Street to 33rd Street from 6
units/acre to 3 units/acre.
A copy of the amended Future Land Use Map (Figure 2.34) is
attached.
GOAL, OBJECTIVES, AND POLICIES
eof ow ni g plan element objectives, a -no policies are hereby
amended as indicated by strike -through and underlines:
Future Land Use Element
POLICY_1.8_:_Development of agriculturally designated lands shall be
limited to the following: .
Agricultural uses such as Farming, Groves,
Range and Livestock Activities and Forestry
Excavation Activities
Residential Uses
1 unit/5-ac
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I unit/10 acres AG -2
1 unit/20 acres AG -3
Agricultural Research
Agriculturally Related Business
Recreational Uses
Public Facilities and Institutions
Construction of a single-family dwelling unit on a tract
or parcel existing on October 1, 1990.
Division of a tract or parcel into two lots,
or exceeding the minimum lot size of the
zoning district; anv subsequent split of
Division of a tract into parcels of at least 40 acres in
size.
POLICY 1.32: The county will maintain a concurre
to areas with
tion of the countv's
POLICY 2.5: Indian River County shall encourage and direct growth
into Urban Service Areas through zoning, subdivision and land
development regulations. Such regulations shall promote efficient
development by requiring connection to the existing street system,
extension of public facilities where necessary, and incentives for_
mixed use Droiects.
POLICY 5.4: A special planned development (PD) district may shall
be designated as an overlay on the County Zoning Atlas. The PD is
intended to provide for the development of projects which require
flexibility from the land development regulations in order to
maximize open space and conserve natural features, incorporate
recreational facilities-,-and-mixed use -projects.
vnr.rry 5-5, Commercial uses shall be limited to less than 10% of a
planned development, unless the planned development project is
located within a commercial or industrial node.
POLICY 5.6: PD's shall be permitted within-the-llrban-9erviee *re&,
throughout the county, without amendment of the future land use
map, provided the proposed development is shown to be consistent
ti e goo 7ecive.9iand policies a the Comprehiiensive Plan.
PD's shall be consistent with the maximum density permitted by the
Future Land Use Map unless e i y bonuses
5.7.
POLICY 5.7: The land development regulations shall be structured to
encourage the use of Planned Developments (PD's) by allowing for
density bonuses for projects within the urban service area for:
a) The inclusion of low and moderate income housing units in
the Droiect in accordance with the housing element.
b) Development rights transferred from Conservation
Districts.
c) Development rights transferred from AG, Agriculture,
areas.
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Density bonuses for PD's --shall not_increas_e--the-projQct's density
by more than 20% of the underlying land use designation.
POLICY 5.8: All planned development (PD) projects approved .in any
area designated as AG, Agriculture, on the future land use map
shall meet the following criteria:
The density of the project shall not exceed the maximum
densitv of the AG land use designation: no density
ers from -ot
des
Lots created through the PD process .shall not exceed one
acre in size, with the remainder of the area designated
as open space;
areas shall be retained as natural areas or
,icultural uses; however, up to thirty percent
purposes in Au -1 areas;. up to twenty -live percent oI Lne
open space area may be used for recreational purposes in
AG -2 areas and up to twenty percent of the open space
area may be used for recreational purposes in AG -3 areas.
ICY �7:3:- Any development—activity in—areas—designated as
environmentally sensitive or important as.defined in policies 5.4
and 6.?1of theConn _oonserr.,a+ion Element shallrequire an envi rnnmental
survey as part of the approval of a development order. Based upon
the results of the environmental survey, development projects shall
be required to provide a site design which minimizes impacts upon
endangered and threatened plants and animals.
Conservation E1
OBJECTIVE 6 Upland Vegetative Communities
Sufficient upland vegetative communities to maintain viable
populations of all native plant and animal species, and
representative stands of each habitat type in Indian River County,
will be preserved. By 2010, Indian River County shall preserve a
minimum of 750 acres of upland native plant communities through the
combination thereof.
POLICY 6.1: The county shall establish and/or assist state,
federal, and regional agencies in the establishment of preserves
for sand pine/xeric scrub, tropical/coastal hammock, coastal
strand, and pine flatwood/dry prairie vegetative communities, of a
sufficient size to maintain viable populations of endemic plant
and/or animal species. The county shall coordinate with the
Tteasute Coast Reaionar-Planning Council fTCRPC) to contribute to
POLICY 6.3: By 1992, the county shall acquire and/or assist state
and federal agencies in the acquisition of a minimum of 100 acres
of coastal/tropical hammocks and complementary habitats for the
protection of the vegetative community. The following sites shall
a. coastal/tropical hammocks and other complementary native
plant communities adjacent to the (IFAS) Florida Medical
Entomology Laboratory, north of Oslo Road, east of U.S.
#1;
b.
coastal/tropical hammocks adjacent to northern Jungle
Trail, in coordination with the proposed Pelican Island
Nati-anal-Wil-dl3fe Refuge expansion•,
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c. coastal/tropical hammocks on Orchid island north of
Wabasso Beach and east of S -.R. AlA, in conjunction with
the proposed CARL Wabasso Beach/Sea Turtle National
Wildlife Refuge project; and
d. coastal/tropical hammocks and other complementary native
plant communities along the western bank of the St.
Sebastian River, in conjunction with ongoing state and
federal land acquisition proposals.
POLICY 6.14: By 1993, the county shall protect a minimum of 300
acres (not including those areas protected throuqh application of
policy 6.12) of pine flatwoods/dry prairie through the
establishment of conservation easements or fee simple purchase, or
combination thereof. The following pine flatwood/dry prairie
communities shall be given special consideration in satisfying this
policy:
a. Flatwood/dry prairie communities in southwest
Indian River County, identified by the Florida
Game and Freshwater Fish Commission GFC an
Treasure Coast Regional Planning Council
(TCRPC) as potentially contributing to a
regional "wilderness .corridor"; and
b. Flatwood/dry prairie communities complementary
to-riverine-wet-lands-anclot-herrnat-ura-l- systems
which contribute to upland wildlife species
diversity -
POLICY 6.15: The county shall establish an ongoing acquisition
program to extend beyond 1993 and to 2010 for the protection of
flatwoods/dry prairie areas. Such program will be developed by 1994
and shall include amounts of land to be protected, land area to be
acquired, and revenue sources to be used for acquisition.
The data and analysis section of the conservation dement is
revised to provide adequate justification of the policy changes
referenced above.
Housing Element
POLICY 2.2.: Indian River County through its future land use plan
map hereby designates land for residential land uses and support
s�rwices- fora wide—vari:et"f housing—types including-mbile
homes), densities, and physical environments to facilitate an
equally -wide variety of housinq rosts for present and future
residents with special consideration given to the following:
1. Lot sizes, setbacks, and land use mixes;
2. Proximity to public transportation,
recreational ---facilities, andcommunity
services such as shopping, personal services,
and health Mel
and
3. Compatibility of land use relationships and
neighborhood character.
4. Reduction of automobile travel to meet normal
daily needs for access to employment,
services, recreation and other local
activities.
Heslaential Lana use District
Bistriet--Gress-Aereage--Max-Density--Res.--Benelopment
M-2 ------- 2440 ------ 10 -------- Multi-Fams7-Mobile-Home
M -i ------- 5341--- 8--------Multi-Fam:7-Mobile--Home
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L-------21388-------6------ Mniti-Fam:7-Mebile-Heme
L-1 ------ 18348 ------- 3 -------- Malti-Fam-;-Single-Fam:
R--------11648-------1--------Single-Family
existing
Net
Net Subdivision
Net
Maximum Res.
Din Acres --Acres
Acres-
Densitl+ Development
M-2 1143 300
843
10 MF, Mobile H.
M--1 552t--21-9-6
3330
8 MF, UF, Mobile H.
L-2 14098 5995
8103
6 MF, SF
r, -t 11878 ____6393
5485
3 MF, SF
R . 1075 269
806
1 Single Family
Infrastructure Element
Revisions to Sanitary Sewer Sub -element & Potable Water Sub -element
Table 3.A.16 and Table 3.B.19 are attached.
Capital Improvements Element
Revisions to the data and analysis, and Tables 13.23 and 13.18 of
the -:IE -are -attached.
Futtvre-LandAsi-_-E-Ie e t
Recisions to -the -data -and analysis portion of the Future Land Use
Element are attached.
Housing Element
Revisions to the data and analysis portion of the Housing Element
are attached.
Conservation Element
Revisions to the data and analysis portion of the Conservation
u\v\s\dcaatac
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