HomeMy WebLinkAbout1991-27 (2)ORDINANCE NO. 91- 27
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CREATING
A MIXED USE LAND USE DESIGNATION AND PROVIDING FOR
CODIFICATION, REPEAL OF CONFLICTING PROVISIONS, SEVERABILITY,
WHEREAS, the Board of County Commissioners adopted the Indian
River County Comprehensive Plan on February 13, 1990, and
WHEREAS, the Board of County Commissioners allowed each
intervenor in the comprehensive plan administrative hearing process
to submit a comprehensive plan amendment application in an attempt
to resolve his disputes with DCA and the county, and
WHEREAS, Bruce Barkett, on behalf of two of the intervenors in
the comprehensive plan administrative process, has submitted a
request to amend the comprehensive p aid create a new mixed-use
floating land use designation for properties having an agricultural
designation, and
WHEREAS, the Local Planning Agency held a public hearing on
ill—coWeh€ns ve—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 create a mixed use floating
land use designation for properties having an agricultural
designation 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 for their review and comment, and
WHEREAS, the Board of County Commissioners announced at the
final public hearing at the adoption stage of this plan amendment,
and
WHEREAS, the Florida Department of Community Affairs received
this Comprehensive Plan Amendment on December 19, 1990, for the
State review pursuant to F.S.163.3184(4), and
WHEREAS, Indian River County received the Objections,
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ORDINANCE NO 91-27
Recommendations, and Comments (ORC) report from the Florida
Department of Community Affairs on April 22, 1991, and
WHEREAS4--Indian---Rir C n y revised this D-roposed
Comprehensive Plan Amendment and its supporting data and analysis
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 a Comprehensive Plan Amendment Adoption Public Hearing
on June 18, 1991, 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 Amendmenf--Adbp ion 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.
SEC -TION- 2--kmendments-to the-Compre-hensive-Plan
The Indian River County Comprehensive Plan is hereby amended
to create a mixed use floating land use designation for properties
having an agricultural designation by:
o Revision to the data and analysis portion of the Future
Land Use Element, as shown on attachment A
D vision to poTicc of the Future LaneUse Element, as
shown on attachment A
D Addition of policies 1.33, and 1.34 of the Future Land
Use Element, as shown on attachment A
SECTION 3. Codification
The proLviaions 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.
SECTION 4. Repeal of Conflicting Provisions
All previous ordinances, resolutions, or motions of the Board
� County Commissioners of--Endian fiver—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 bounty
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
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ORDINANCE_NO. 91- 2 -
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 adoption pursuant
to F.S.163.3194.
Approved and adopted by the Board of.County Commissioners of
Indian River County, Florida, on this f 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 by
Commissioner Scurlock and adopted by the following
vote:
.Chairman Richard N. Bird Aye
Vice Chairman Gary C. Wheeler Ahsent
Commissioner Carolyn K. Eggert Aye
Commissioner Margaret C. Bowman Ayp
Commissioner Don C. Scurlock, Jr. Aye
BOARD OF COUNTY -COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: /L44� Gf Aa (—�
Richard N. Bird, Chairman
ATTEST BY
Jeffrey K. fart n 1 rk',,
this 27thr day of June 1991.
'Effective Date: Acknowledgement from the Department*of State<
received on this 1st day of July , 1991, at 10:00
A.M./P.M. and filed in the office of the Clerk of the Board of
minty -Commissioners of-Indian-River--County,--Florida.
APPROVED AS TO FORM AND
LEGAL SUFFI�CIIENN%CYY
William G. Collins II, Assistant County Attorney
rr
ert M. teaIC
Community DevelopmILL VIjXCULUL'
u\v\c\MIXED.ORD
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ATTACHMENT "A"
FUTURE LAND USE ELEMENT PAGE 55
Sprawl
Urban sprawl refers to scattered, untimely, poorly planned urban
development that occurs in urban fringe and rural areas and
frequently invades lands important for environmental and natural
resource protection, and agricultural production. Urban sprawl
typically manifests itself in one or more of the following
patterns: leap frog development, ribbon or strip development, and
large expanses of low-density, single -dimensional development.
The unchecked spread of residential and related land uses into
previously undeveloped land can have serious consequences in a
rapidly growing community such as Indian River County. These
consequences include the increased cost of public services and
facilities, loss`of valuable agricultural and open natural land and
the possibility of negative environmental impacts.
A pattern of dispersed development on large tracts of inexpensive
land compounds the effort to provide public services in an
efficient and economic manner. Such development provides for an
increase demand for services which are already unavailable in many
areas of the county, while in other areas, services and facilities
operate below capacity because of "the dispersed development
pattern. This can result in the building of expensive new
facilities rather than the expansion of existing ones. A system of
small dispersed facilities is more expensive eeenomically and
inefficient. In addition, renovation, rehabilitation, and
extension of certain facilities can reduce per capita expenditures.
The second concern is the loss of valuable land to development.
These lands can include agriculture or farm land; open space and
native land; and land which is environmentally sensitive. Once
developed there is little ehange-or chance for reconversion to
their native or natural use. At the same time, large tracts within
the developed areas of the county remain vacant.
Environmental degradation as the result of sprawl is likely to
occur in two ways: the first is the outright loss of natural land
and environmentally sensitive lands. These lands play an important
role in maintaining the natural balance of the ecosystem as well as
contributing to the aesthetic beauty and recreational resources of
the county. The second is the result of development without public
services and infrastructure. As development in these areas
increases, the dependence on individual well and septic systems can
result in the contamination of the underground water supply,
requiring expensive clean up measures, development of services and
facilities and public health threats.
As indicated in the Economic Development Element, Agriculture is
one of the major industries in the county. Based on the amount of
land designated for agriculture, the revenue generated and the
number of employees, one of the most important resources of the
county to be preserved is agricultural land. While planning for
rural areas, the following issues must be considered: promoting
agricultural diversification, maintaininq the rural character of
rural areas by separation of urban and rural land uses, protecting
natural systems and environmentally sensitive areas, permitting the
conversion of agricultural lands to other uses when and where
appropriate, and maximizing the efficient provision and use of
public facilities and services.
Addressing the above issues and allowing a certain amount of
development in agricultural areas is possible through application
of innovative land development regulations One such regulation is
a requirement for all non-agricultural activities in rural and
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agricultural
PD with
ral uses
nism to
-accomp-Lisn-tnis-invoives estaDiisnment of a mixes-use_rLoating-lann
use designation. Such a mixed use designation can provide for a
wide, diversity_ of land uses in rural areas and, if needed, _will
allow a higher residential density than the density allowed in the
agricultural portion of the county and allow for development of a
portion of the project as commercial and office uses. This type of
mixed use project will create self sufficient communities and
provide opportunities for the residents live, worktop and
attend recreational activities in the same place.
A mixed use project can fully meet its intent of providing a self-
-sufficient community and capturing trips internally mit—has
sufficient size and density to support such a community. Since
-agricultural-densities are as low as one -unit -per -twenty acres,
such densities are not suitable for mixed use projects; a mixed use
Droiect needs to have a higher densitv than underlvina agricultural
density.
space Dy requiring resiaential ana non-resiaential activities ro De
Catered. By so doinq, the mixed Use designation will eliminate
ranchette types of development in agricultural areas and will
-provide working open space which could be used for agricultural and
recreational uses while providing for residential and other non-
aqr-lcultural-development. Finally-, this type of designation will -
reduce the threat of urban sprawl.
Changes to the policies of the land use element of the
Comprehensive Plan, and new policies to implement the intent of
this mixed use floating district are identified below.
POLICY 1.2: The Indian River County Future Land Use Map contains
the -following land -use -designations:
Conservat4on
Agriculture
Residential
Commercial
Industrial
Public Facilities
Recreation
Mixed Use (floating land use designation; not depicted on the
future land use map)
POLICY 1.33: The mixed use land use designation shall be a
€l-oatinq-zone .which -may be overlaid on any property --in- the
agricultural districts (AG -1. AG -2. and AG -31. Each mixed use
s
am. no mixed use district shall be established unless it
meets tFe-T,-M—,ing minimum size requirements:
2
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BOUNDARY TO BOUNDARY
DISTANCE FROM URBAN SERVICE AREA MINIMUM SIZE
* one mile or less 1200 acres
* more than one mile 2400 acres
but less than six miles
* more than six miles 3600 acres
b. no mixed use district shall be established unless it is
located on or has access to an arterial road
c. no mixed use district shall be designated within 6 miles
of an existing mixed use district
d. no mixed—use district ahail--be a2groved unless it is
consistent with the Concurrency Management System
e. no mixed use district shall be aggroved without a findin
that the disErlct, as agEroved, will have no adverse
impact on natural resources
For
Lo oe,aeslgnatea as mlxea use, a plannea aeyelopment project must
be approved which clusters residential and non-residential uses in
a manner which protects aaricultural and open space areas, protects
zes
a. The _pro ect sWa have the following mixture of land
uses:
1. Residential areas; these are areas that provide for
single-family low density, single-family medium
density, and/or multiple=family medium density
residential development.
3. work areas; these area areas that' provide work
opportunities for the residents of the project
Allowed uses are office uses and light industrial
uses.
M
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4. Public facilities and institutional uses; these are
the areas which -provide for public__ facilities,
cultural, and religous facilities as needed by the
residents of the project.
5. Recreational uses; these are the areas which
provide for active an passive' recr ion
facilities as needed of the residents of the
project.
Natural open spaces and agricultural areas; -these
are the areas which will be preserved due to their
environmental importance -or -wia-1-be used -for _active
agricultural production.
b. All residential and commercial/office uses shall be
clustered.
c. The gross residential density of the project may exceed
tde-rlying agricul�ra�magimum densities; however,
the project density shall not exceed one unit per acre of
gross project area.
d. Uses within a mixed use planned development shall be
identified in the mixed use project -application The
land use mix shall be supported by data and analysis
submitted by the applicant which shows that the proposed
project will capture 100% of neighborhood, convenience,
and community shopping trips and a minimum of fifty
percent of employment trips. The following standards
serve as a general guideline for mixed use project -land
use distribution.
1_C6mmexctai, personarservices, offi-ce and light
industrial use areas should constitute at least
(5%) percent but not more than ten -(10$I -percent -of -
the entire P.D. area. The floor area ratio of
ignated as sh
at least 0.10.
I
2. Public fact
water plant:
and police
areas, shout
entire P.D.
3. Resi
—rt
ties, including but not limited to
sewer plants, schools, fire stations,
stions. and public institutional. use
ial use areas should constitute at least
rcent--but- not -mor-e-:-than t-h-irty--ftve-(-3-5-%}
of the entire P.D.-area.
e. The following additional standards shall be met by any
mixed use- district project application.
1. At least twenty f288j o'. thirteen (13%)
percent of the total housing unfits shall e
Affordable housing units. These affordable housing
units -shall have a market varu-eless than two-(2�
times 80% of the median annual household income of
Indian River -County. The applicant-shallprovi-de
sufficient data and analysis to justify the number
and percentage of affordable housing units needed
by his proposed project. This amount of affordable
housing -shall thenbe providedwithinthe project -r
however, the total amount of affordable housing
shall in no casebe-less-than thirteen (13W)_
percent of the total number of housing units in the
project.
4
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2.
At least fifty (508) percent of the entire P.D.
area shall be preserved as open -space. Open space
areas shall be retained as natural areas, used for
agricultural purposes or used for recreational
purposes.
3._
Recreationaluses shall be limited to less than
twenty-five (258) percent of the designated open
space, tint -shall not exceed twelve (128) percentof
the entire P.D. area.
4.
To ensure that all phases of the project develop as
a viable mixed- use development- with a mixture of
residential, shopping, working, recreational, and
open space areas, various uses for each phase of
project shall be approved and developed in a
proportional manner. Commercial and personal
service uses, office and light industrial uses and
residential uses shall generally constitute the
same percentage of area -fob— phase as they
constitute in the project as a whole. No more than
twenty-five (25%) percent of the proposed
residential use development will be permitted until
at -feast -twenty-five (25%) percent of -the -proposed
commercial and personal service uses, and office
and -light industrial uses -occurs,-
5.
Each mixed—usepro ect shall—be—buffered—from--
hall he buffered—fromadjacent
adjacentland uses. At a minimum the following
bufferrecLuuirement shall be met:_
i. A setback of at least eighty (80) feet with a
type "B" buffer and a six foot opaque feature
as set forth -in Chapter 926, Landscaping and
Buffering of the County 'Land Development
Regulations s -hal -1 ---be provided along all
project boundaries.
ii. No commercial, personal services, office, and
light industrial development shall be
permitted closer than two hundred (200') .feet
from any arterial or collector roadway.
'xv'Ns\attacha
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