HomeMy WebLinkAbout2012-008ORDINANCE NO. 2012- 008
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
COMPREHENSIVE PLAN'S TEXT OF THE INTRODUCTORY, FUTURE LAND USE,
TRANSPORTATION, CAPITAL IMPROVEMENTS, COASTAL MANAGEMENT,
HOUSING, ECONOMIC DEVELOPMENT, CONSERVATION, AND
INTERGOVERNMENTAL COORDINATION ELEMENTS, AND THE SOLID WASTE AND
STORMWATER MANAGEMENT SUB -ELEMENTS OF THE COUNTY'S
COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND
EFFECTIVE DATE.
WHEREAS, the Board of 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 2011
amendment submittal window; and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment
request on September 22, 2011, after due public notice; and
WHEREAS, the Local Planning Agency recommended that the Board of County Commissioners
transmit the comprehensive plan amendment listed below to State and Regional review agencies; and
WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public
Hearing on October 18, 2011, after due public notice, and
WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan
amendment to State and Regional review agencies; and
WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its
intention to hold an advertised final public hearing at the adoption stage of this plan amendment; and
WHEREAS, the Comprehensive Plan Amendment was transmitted to State and Regional review
agencies on October 21, 2011; and
WHEREAS, State and Regional review agencies had no objections to this amendment; and
WHEREAS, the Florida Department of State had one comment regarding this amendment; and
WHEREAS, Revised Policy 8.1 of the Future Land Use Element addresses the Florida Department of
State's comment; and
1
ORDINANCE NO. 2012 -SOB
WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption
Public Hearing on May 15, 2012, after due public notice.
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 amendment to the Indian River County Comprehensive Plan identified in Section 2
is hereby adopted, and the Board of County Commissioners directs staff to transmit the
amendment to the State and Regional review agencies that provided comments on the
amendment.
SECTION 2. Amendment to the Comprehensive Plan
AMENDMENT TO THE COMPREHENSIVE PLAN'S TEXT OF THE
INTRODUCTORY, FUTURE LAND USE, TRANSPORTATION, CAPITAL
IMPROVEMENTS, COASTAL MANAGEMENT, HOUSING, ECONOMIC
DEVELOPMENT, CONSERVATION, AND INTERGOVERNMENTAL
COORDINATION ELEMENTS, AND THE SOLID WASTE AND STORMWATER
MANAGEMENT SUB -ELEMENTS OF THE COUNTY'S COMPREHENSIVE PLAN
SECTION 3. 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.
SECTION 4. 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 Amendment is 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 5. Effective Date
The effective date of this ordinance and, therefore, this plan amendment shall be 31 days
after the State Land Planning Agency determines that the amendment package is complete, unless
a petition is filed by an affected party.
This ordinance was advertised in the Press -Journal on the -30 day of APri 1, 2012, for a
public hearing to be held on the May 15, 2012, at which time it was moved for adoption by
2
ORDINANCE NO. 2012- 008
Commissioner O' Bryan seconded by Commissioner Solari
adopted by the following vote:
Gary C. Wheeler, Chairman
Aye
Peter D. O'Bryan, Vice Chairman
Aye
Wesley S. Davis, Commissioner
Aye
Joseph E. Flescher, Commissioner
Aye
Bob Solari, Commissioner
Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: Ze-4, (,i L' "-
Gary C. eeler, Chairman
ATTEST BY: -b • C
Jeffrey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
1
Alan S. Polackwich, County Attorney
APPROVED AS TO PLANNING MATTERS
Obert M. Keating, AIC Commu Development Director
and
FACommunity Development\Comprehensive Plan Text Amendments\luly 2011- Several elements\Resolution and Ordinance\Comp
Plan Text Amendment Adoption Ordinance May 15, 2012.doc
3
Appendix "A"
Comprehensive Plan Introductory Element
On May 29, 1975, the county adopted a comprehensive plan as a guide and advisory tool in the
regulation and control of private property. Even with that plan, the legal control of development
was still to be vested in the zoning, platting, and other specific ordinances adopted by the county.
Also in 1975, the state enacted the Local Government Comprehensive Planning Act, which required
the designation of a local planning agency as well as the development of a comprehensive plan. In
response to that act, the Board of County Commissioners designated the Planning and Zoning
Commission as the local planning agency and, in 1982, adopted a comprehensive plan that did have
the force of law. After plan adoption, zoning, subdivision, and other land use regulations were
required to conform to the plan. Pursuant to the state growth management act, amendments to the
comprehensive plan were subject to review by regional and state agencies and could be submitted
only twice annually.
With adoption of the 1985 Local Government Comprehensive Planning and Land Development
Regulation Act, commonly referred to as the Growth Management Act, the state expanded the scope
of the comprehensive planning requirement in Florida even more. To implement the Growth
Management Act, the state adopted Rule 9J-5 of the Florida Administrative Code. Together, those
actions established a top down planning process in Florida, a process in which plans were developed
first at both the state and regional levels. Consistent with state law, local governments had to
develop and maintain adopted comprehensive plans which had to be consistent with both the intent
and specific objectives set forth in the state and regional plans.
Pursuant to the requirements of the 1985 Growth Management Act, Indian River County adopted its
current comprehensive plan on February 13, 1990. Because
9J-5 state law recognizes that changing circumstances may necessitate amendments to
comprehensive plans, amendments to the plan are allowed when certain criteria are met. Since plan
adoption, Indian River County has amended its plan several times. Those amendments have ranged
in significance from minor text changes to substantial future land use map changes.
Another provision of state law recognizes that periodic assessment and evaluation is a required part
of the planning process. For that reason, each of Florida's local governments is required to
periodically submit an adopted Evaluation and Appraisal Report (EAR) to the State Department of
Community Affairs (DCA). With the first post 1985 Growth Management Act round of EARS, local
governments with 1992 populations of more than 2,500 persons had to submit their EAR's to DCA
approximately seven years after plan adoption. Indian River County's first EAR was adopted on
December 17, 1996.
The 1996 EAR identified many changes necessary to update the plan to reflect new data, changes in
state law, and new circumstances in the community. Those changes were incorporated into EAR
Community Development Department Indian River County
3
Appendix "A"
Comprehensive Plan Introductory Element
based plan amendments, which were adopted in 1998. A second County EAR was adopted on
November 18, 2008.
Under rule 9i 5 state law, county plans must contain the following elements and sub -elements:
Future Land Use; Transportation; Housing; Sanitary Sewer, Solid Waste, Stormwater Management,
Potable Water; Natural Groundwater Aquifer Recharge; Coastal Management; Conservation;
Recreation and Open Space; Intergovernmental Coordination; and Capital Improvements. Other
elements may be included at the option of the local government. The Indian River County plan
includes two optional elements, an Introductory Element and an Economic Development Element.
In addition to establishing the required components of a local comprehensive plan, state law rule9-
I establishes minimum criteria for the preparation, review and compliance determination of
comprehensive plans. Those requirements recognize that local governments will playa major role in
accomplishing state and regional goals and policies. The regulations also mandate that local plans be
based on the review and analysis of existing conditions, projected population and service demand,
projected cost of service provision, and sources of revenue for the community.
Planning Process and Public Participation
In addition to complying with the technical requirements of preparing a comprehensive plan, local
governments must provide opportunities for local citizens and property owners to participate in the
development and adoption of their plans.
In January 1988, the Board of County Commissioners adopted a Public Participation Plan that was
used in the preparation of the county's comprehensive plan. That multifaceted plan provided for
public education, public input during plan preparation and development, public hearings during the
adoption process and general provisions to be followed throughout the planning process. The
education component involved development of this Introductory Element of the plan as well as the
presentation of this information to the public.
To provide overall direction in the process of developing the plan, the Board of County
Commissioners appointed the Planning and Zoning Commission as the designated local planning
agency. The Board of County Commissioners also directed existing county boards and commissions,
including the Planning and Zoning Commission, to provide direct input in the development of
individual elements of the comprehensive plan.
Among the Planning and Zoning Commission's responsibilities were: establishing broad goals;
reviewing staff and other advisory group reports; conducting public meetings and hearings; and
making plan adoption and plan amendment recommendations to the Board of County
Commissioners.
Community Development Department Indian River County
4
Appendix "A"
Comprehensive Plan Introductory Element
TABLE 1.13
HOUSEHOLDS AND PERSONS PER HOUSEHOLD
Year
Households
(IRC)
% Change
Persons/
House -Hold
(IRC)
% Change
Persons/
House -Hold
L
°
�O
Change
1980
23,331
89.3
2.49
-14.1
2.55
-12.1
1990
38,057
63.1
2.33
-6.4
2.46
-3.5
2000
49,137
29.1
2.30
-1.3
2.52
2.4
2005
56,450
2.5%
2.26
-1.9%
2.46
-2.4%
2006
59,250
5.0%
2.24
-0.9%
2.46
0.0%
2007
61,300
3.5%
2.23
-0.4%
2.45
-0.4%
Source: U.S. Census of Population, & University of tforuaa, tsureau or Economic ano Dusiness mesearcu
Due to several factors, average household size is decreasing throughout the United States. These
factors include families having fewer children and delaying the birth of children; young adults no
longer living with parents but moving out on their own, and older persons living longer and not
returning to their children in their later years. Combined, these factors have led to a decrease in the
average household size. As indicated in Table 1. 13, the average household size in Indian River
County, already less than the state's, is decreasing. The pace of that decrease, however, slowed down
in the eighties, and even further slowed in the nineties.
Population Projections
Population projections are essential tools in any planning activity. For land use planning, the amount
of population growth determines future requirements for housing, transportation, recreation, schools
and other public and private facilities and services. Using a population projection that is too low will
likely result in failure to adequately identify and fund future county facility needs (e.g. roads).
Conversely, using a population projection that is too high will result in identifying needs that will
occur beyond the forecasted time period. A population projection is, therefore, an attempt to provide
an accurate forecast of the future population. As with any forecast, the reliability of a population
projection depends on the accuracy of the data, the accuracy of the projection methodology and the
accuracy of the assumptions used.
In Florida, most county comprehensive plans and long range transportation plans rely on countywide
population forecasts prepared by the University of Florida's Bureau of Economic and Business
Research (BEBR). The BEBR population forecasts include "Low," "Medium," and "High"
projections by county in five year increments. According to state law, Seetioll 9r 5.005 of the
Fierida Administr-alive Code-, the BEBR medium series projections should be utilized by
communities for their planning activities. State law Seeti .n oT 5.005 also allows states;n a
Community Development Department Indian River County
20
Appendix "A"
Comprehensive Plan Introductory Element
community to may use its own projections, or BEBR low or high series projections, provided
sufficient documentation or analysis is provided justifying the choice.
For Indian River County, BEBR medium series projections are shown in Table 1.14 and constitute
the population projections used in this plan. These projections reflect an average annual growth rate
of 1.51% through the year 2030. This is a reduced growth rate from previous yearly BEBR
projections. This lower growth rate reflects the recent collapse of the housing market and the
lingering effects of the worst economic crisis since the 1930s.
In the future, most growth will come to the County from the south and north. Because of an
increasing scarcity of developable land, population is moving northward into Indian River County in
search of housing and land. To the north, the "baby boom" generation is reaching retirement age,
and many of these retirees are moving to sunbelt states, including to Florida.
As a traditionally agricultural area, Indian River County has a large mass of available vacant land
that can accommodate growth from the south and growth from the north. This, coupled with a large
inventory of existing platted lots within the county, including existing platted lots dating back to the
1950s and 1960s, indicates that there will continue to be available space for future population
growth.
TABLE 1.14
POPULATION PROJECTIONS -INDIAN RIVER COUNTY
2010
2015
2020
1 2025
j 2030
BEBR
142,300
155,000
169,300
1 183,400
j 196,900
Source: University of Florida, BE13K, MICI-Kange rrojections /-uuy
As with any projection, the probability of error increases as the projection horizon year is extended.
It is also difficult to make assumptions about a population 20 years in the future.
Because of the importance of migration to the growth of Indian River County, the county's growth is
affected by the many economic, social, and political factors at the local, state, regional, national, and
global level that impact the decisions of individuals or businesses to relocate to the county.
An examination of county, regional and state projections reveals that several factors should be
considered in preparing projections. The assumption which forms the basis of these projections is
that present demographic trends will continue. These trends include a continued reliance on in -
migration for population growth and a resulting influx of many retirees.
Since the 1950s, birth rates in the U.S. have declined and are expected to continue to decline. This
will result in slower U.S. population growth with an aging of the population. Those over 65,
Community Development Department Indian River County
21
Appendix "A"
• Within C-3 designated areas, the total area of xeric scrub disturbed by a PD project
shall not exceed 20% of the total xeric scrub area occurring on site.
Policy 1.7: Conservation land use designations shall be depicted on the future land use map. The
exact boundaries of the C-2 and C-3 Conservation designated areas shall be determined by
environmental survey. With one exception, any area which is depicted as a C-2 (wetlands) area
or C-3 (upland xeric scrub) area on the Future Land Use Map, but which is determined by
environmental survey not to be wetlands (as defined in the Conservation Element) or xeric
uplands (as defined by the presence of xeric scrub vegetation and Orsino fine sand, 0 to 5 percent
slopes, or Electra sand, 0 to 5 percent slopes) will have the same land use designation as the
contiguous adjacent property.
The exception applies to land located east of the St. Sebastian River and depicted as C-3 on the
future land use map. If determined by environmental survey not to be xeric uplands, then that
land shall be designated R, Rural Residential (up to 1 unit/acre).
All areas depicted as C-3 on the Future Land Use Map which have xeric scrub vegetation and
Orsino fine or Electra sands will be deemed environmentally important, notwithstanding whether
or not such areas meet the 5 acre minimum threshold for environmental importance established
in Conservation Element Policy 6.11 for other districts in the county.
The determination of the exact outer boundaries of C-2 or C-3 areas will be made by the county
environmental planning staff based on verification of the vegetation and soils criteria referenced
above, as applied to the environmental boundary survey conducted by the landowner/applicant or
his agent at the time of application for any development permit (other than a comprehensive plan
amendment or rezoning).
The county environmental planning staff shall not make its determination of importance or
sensitivity until after consultation with all appropriate local, state and federal agencies. Such
consultation shall be ongoing, as required for proper coordination, throughout the land
development permit approval process.
Policy 1.8: C-2 and C-3 designated lands shall be considered for public acquisition.
Policy l_9: The Agricultural Land Use designations shall be applied to those areas of the county
that have been traditionally used for agricultural purposes and are sufficiently removed from
urban areas. The Agricultural Land Use categories will ensure the continuation of the agriculture
industry, protect agricultural lands from urban encroachment, and provide valuable green and
open space.
Policy1 .10: Development of agriculturally designated lands shall be limited to the following:
Future Land Use Element 134
Appendix "A"
Agricultural Uses such as Farming, Groves, Range and Livestock Activities and Forestry
Excavation Activities
Agricultural Planned Developments consistent with Future Land Use Element Policy 5.9
Single -Family Residential Uses
• Up to 1 unit/lot or parcel on legally established non -conforming lots or parcels
of record, existing on October 1, 1990
• Up to 1 unit/5 acres in AG -1 designated areas
• Up to 1 unit/ 10 acres in AG -2 designated areas
• Up to 1 unit/20 acres in AG -3 designated areas
Agricultural Research Uses
Agriculturally Related Businesses
Recreational Uses
Public Facilities
Institutional Uses
Recycling Facilities
Public Schools
• (Public schools shall be permitted on agriculturally designated lands only
within mixed use projects and traditional neighborhood design projects, or on
sites located outside of, but contiguous to, the urban service area boundary.)
New Towns
• As permitted by Future Land Use Element Policies 1.37 and 1.38
Public and Private Utilities, Limited and Heavy
Policy 1.11: The Low -Density Residential Land Use designations shall be applied to those areas
which are suitable for urban and suburban scale development. Except for two areas that are
adjacent to the City of Fellsmere, Low -Density Residential designated areas shall be limited to
lands that are located within the urban service area and near existing urban centers.
The two exceptions are the L-1 designated Homewood Subdivision generally located along the
City of Fellsmere's south boundary, and the L-2 designated Tropical Village Estates and
Morningside Subdivisions located at the southeast corner of CR 512 and 130th Avenue.
Policy 1.12: Development in low-density residential areas shall be limited to the following:
Single -Family Residential Uses
• up to 1 unit/acre in R designated areas
• up to 3 units/acre in L-1 designated areas
• up to 6 units/acre in L-2 designated areas
Multiple -Family Residential Uses
• up to 3 units/acre in L-1 designated areas
• up to 6 units/acre in L-2 designated areas
Recreational Uses
• up to 0.35 FAR
Future Land Use Element 135
Policy 7.7: Indian River County acknowledges the environmental importance of the prime aquifer
recharge areas shown on Figure 2.29. The county shall regulate the development of these areas.
Regulations include an overlay district which restricts land uses, implements special siting
requirements for septic tanks to mitigate soil drainage characteristics, and regulates other factors
which impact the recharge capability of the land.
Policy 7.8: The county shall protect public water supply wells by prohibiting the placement of
septic systems; stormwater retention/detention areas; wastewater treatment plant effluent
discharges, including but not limited to percolation ponds, surface water discharge, spray
irrigation, and drainfields; sanitary landfills, feed lots and other concentrated animal facilities;
mining and excavation activities; and the handling, production, and storage of regulated substances
within wellfield cones of influence.
Policy 7.9: Consistent with the Potable Water Sub -Element, the county shall continue to extend the
county water system, enabling the acquisition of small public water systems, thereby reducing the
number of residents using the shallow aquifer, which is subject to groundwater pollution threats.
Policy 7.10: Through the use of fee simple purchase, transfer of development rights, and
conservation easements, Indian River County shall coordinate with other state, federal and local
agencies to identify and protect vegetative communities identified in Conservation Element
policies 6.1 through 6.7.
Policy 7.11: The county, in cooperation with the local Environmental Health Department, shall
continue to regulate the siting of septic tanks including siting requirements to mitigate soil
characteristics.
OBJECTIVE 8: PROTECTION OF HISTORIC RESOURCES
Through 2015, at least 95% of unincorporated Indian River County's historic properties
(as identified in "Historic Properties Survey of Indian River County, Florida", prepared by
Historic Property Associates, Inc., April 1989) will continue to be preserved in fair, good,
or excellent condition.
Policy 8.1: The HisterieReseufees Advisory Committee The county historian and, as needed,
outside consultants and experts shall provide guidance and advice to the Board of County
Commissioners on matters concerning historic and archaeological preservation. Committee
review!members shall represent a broad base of eetinty in4er-ests and have interest in and knowledge -of
histor-io maRer-s. The eetmniaee shall meet on an ad hoe basis to The county historian
shall be consulted for recommendations concerning:
• proposed changes to county regulations protecting historic and archaeological
resources; and
Future Land Use Element 164
Appendix "A"
Polio: As part of the county's periodic Capital Improvements Element evaluation and
update process, the impact of new development on hurricane evacuation times and the need for
improvements and the timing of improvements to evacuation routes in order to maintain or
reduce evacuation times shall be assessed.
Polio: Indian River County shall include within its land development regulations a
mechanism to assess the impact of new development on emergency evacuation.
OBJECTIVE 13: LOCAL PLANNING
By 2015, the County will have a formal coordination mechanism with other federal, state,
regional, and local governments and agencies for land use planning activities, provision of
facilities and services, and funding and implementation of programs.
Policy 13.1: Indian River County shall ensure that land development activities, development
orders and permits, rezonings, and comprehensive plan amendments are coordinated, as may be
appropriate, with the municipalities of the county, adjacent counties, regional and special
districts, and state and federal agencies.
Polio: Indian River County, through coordination with municipalities within the county,
shall ensure that future annexation will not create enclave areas.
Polio: By 2011, the county shall encourage municipalities to identify potential areas for
annexation, develop criteria for annexation decisions, and execute interlocal agreements with the
county to formalize these criteria.
Policy 13.4: Indian River County shall coordinate with municipalities within the county to amend
the proposed interlocal service boundary agreement between the county and municipalities to
address annexation issues, maintenance of established level of service standards, extra jurisdictional
developmental impacts, upfront coordination on land use amendments and rezonings, and
establishment of a dispute resolution process.
OBJECTIVE 14: PLAN AMENDMENT AND REVIEW
Indian River County will have a mechanism for review and amendment of the
comprehensive plan.
Policy 14.1: Indian River County shall provide for the amendment of the Comprehensive Plan in
accordance with the provisions of Chapter 163, FS. Applications to amend the future land use
plan map may be submitted by the owner or the agent for the owner of property proposed for
redesignation, by the county planning staff, or by the Board of County Commissioners. Where
an individual application is submitted, land development regulations shall provide for payment
of an appropriate fee and disclosure of all individuals having an equitable interest in the
proposed change. Applications to amend other portions of the comprehensive plan may be
Future Land Use Element 169
Appendix "A"
submitted by any interested party, the planning staff, or the Board of County Commissioners.
Unless the proposed amendment is speeified as an exemption in rule 9i 11.006(i)(a)7, FAC--,
Aapplications to amend the comprehensive plan will be accepted only during the months January
and July, with the exception of DRI -related amendments and small-scale amendments.
Policy 14.2: Applications requesting amendments to the Comprehensive Plan or Future Land
Use Map shall be evaluated to consider the following:
• consistency with the Goals, Objectives and Policies of the comprehensive plan;
• impacts on public facilities and services;
• environmental impacts;
• compatibility with surrounding areas; and
• other timely issues.
Policy 14.3: Indian River County shall approve plan amendments only upon a showing that one
of the following criteria has been met:
• The proposed amendment will correct an oversight in the approved plan.
• The proposed amendment will correct a mistake in the approved plan.
• The proposed amendment is warranted based on a substantial change in
circumstances. For Future Land Use Map amendments, the change in circumstances
must affect the subject property.
• For Future Land Use Map amendments, the proposed amendment involves a swap or
reconfiguration of land use designations at separate sites and, that that swap or
reconfiguration will not increase the overall land use density or intensity depicted on
the Future Land Use Map.
Policy 14.4: The county shall require applications to amend the comprehensive plan to include a
written statement discussing the following:
• The proposed amendment's consistency with all the goals, objectives, and policies of
the comprehensive plan;
• The proposed amendment's impact on public facilities and services;
• The proposed amendment's environmental impacts; and
• For Future Land Use Map amendments, the proposed amendment's compatibility
with surrounding areas.
Polio The county may utilize the small scale development amendment process, as
described in section 163.3187(1)(c)2., FS, only for Future Land Use Designation Amendment
requests that meet all of the following criteria:
1. the applicant requests in writing that the proposed amendment be processed as a small
scale development amendment;
2. the requirements of 163.3187(1)(c)2., FS, as amended, are satisfied;
Future Land Use Element 170
Appendix "A"
3. the subject property does not contain any environmentally sensitive land as defined in
Conservation Element Policy 5.4, or any environmentally important land as defined
in Conservation Element Policy 6.11;
4. the subject property is located within the existing urban service area;
5. the proposed amendment does not expand the existing urban service area;
6. the proposed amendment does not expand the SR 60/58' Avenue
commercial/industrial node; and
7. the proposed amendment does not create a new commercial/industrial node.
OBJECTIVE 15: PROTECTION OF PRIVATE PROPERTY RIGHTS
Indian River County will have land development regulations that are consistent with the
protection of private property rights.
Polio: Consistent with Chapters 125 and 163, Florida Statutes, Indian River County shall
give adequate public notice to landowners of any application to change the land use designation
or zoning of their land.
Policy 15.2: Indian River County will regulate the use of land only for valid public purposes in a
reasonable manner, in accordance with due process.
OBJECTIVE 16: PROTECTION OF THE INDIAN RIVER LAGOON
Through 2030, the portion of the Indian River Lagoon within unincorporated Indian River
County will have a class II state water quality rating.
Policy 16_1: Indian River County land development regulations shall require an environmental
impact analysis of development within conservation districts or lands abutting the Indian River
or St. Sebastian River.
Policy 16.2: Indian River County shall prohibit land use activity which results in the alteration,
degradation or destruction of coastal and estuarine resources except when necessary to prevent a
public hazard or provide public benefits which exceed those lost as a result of such activity.
Public benefits of such resources include floodplain protection, natural habitat for threatened and
endangered plants and animals, natural aquifer groundwater recharge, aquiculture, and
recreation.
Policy 16.3: Indian River County shall continue to provide technical, monetary and political
support to conservation programs aimed at land acquisition on the barrier island and in other
coastal conservation areas.
Policy 6_4: Indian River County shall review all proposed land use changes for consistency with
policies set forth in the Conservation and Coastal Management Elements.
Future Land Use Element 171
Appendix "A"
Table 2.14, Relationship between Land Use Designation and Zoning Districts
Zoning
District
'
X00000000000000000
P - District permitted
T - District permitted when used as transition from less intense/dense development or consistent
with existing development
Shaded - District not permitted
Future Land Use Element 183
Appendix "A"
Comprehensive Plan
ANAT,V4TC
Solid Waste Sub -Element
In evaluating the County's solid waste system, several functional components must be considered.
These components include: (1) solid waste generation and cost; (2) solid waste collection, storage,
and transfer; (3) solid waste processing and disposal; and (4) projection of future demand and landfill
capacity.
Solid Waste Generation and Cost
Since 1998, Indian River County has experienced over a 3 0% population increase. Thus, the amount
of land area needed for landfill disposal of solid waste has increased. To address this need, the
SWDD in recent years acquired an additional 300 acres of land, increasing the landfill site by
approximately one hundred and ten percent (110%). In 2006, however, the SWDD Board decided
not to develop the additional area for landfill expansion, but instead to limit all future capacity
additions to the current area of the landfill site. To satisfy the need for water storage and canal
modification as a result of the future abandonment of the C-5 canal that bisects the landfill property,
the SWDD Board, in 2009, purchased 80.94 acres adjacent to an existing SWDD owned 30 acres on
the West side of I-95.
From 1995/96 to 2007/08, the total cubic yards of solid waste mass accumulated at the landfill site
more than doubled, but because the SWDD currently compacts its solid waste at a greater density
rate than in the past, the rate at which the landfill approaches capacity is slower.
Currently, the County's level of service standard for solid waste is set at 2.2 tons per capita per year,
an amount which is based on the annual per capita waste generation rate of 2.4 tons. Of the 2.4 tons
per capita, 0.2 ton is attributable to commercial sources.
Population Projections
For population growth, the Introductory Element of the County's Comprehensive Plan provides
information. Since the landfill site serves both the unincorporated and the incorporated areas of the
County, the total County population must be used to project solid waste demand.
Overall, the projected population determinates future needs for solid waste services. Using a
population projection that is too low is likely to result in the failure to adequately provide for the
County's needs. Conversely, using a population projection that is too high will result in identifying
needs that will not occur in the forecasted time period. Therefore, an accurate forecast of the future
population is essential in planning for solid waste demand.
Seetien i 5.005 of the- Florida AdministrativeCode (FAG) G) states State law indicates that
communities should utilize the University of Florida's Bureau of Economic and Business Research
(BEBR) mid-range projections when planning for future service needs. Consistent with Florida
Administrative Code, the county has adopted BEBR's mid-range population projections. The
following table identifies the County's population projections through 2030:
Community Development Department Indian River County 19
Appendix "A"
Comprehensive Plan Stormwater Management Sub -Element
➢ development within the Vero Lake Estates Municipal Services Taxing Unit (MSTU)
for which a cut and fill waiver has been granted by the county.
Polio The county will preserve the natural functions and values of wetlands by
implementing the policies listed under Objective 5 of the Conservation Element.
OBJECTIVE 6 Recharge of the Surficial Aquifer
Consistent with Objective 2 of the Natural Groundwater Aquifer Recharge Sub -element, there
will be no reduction in the availability of groundwater from the surficial aquifer through 2030.
Polices The county will continue to require on-site retention/detention in accordance with
SJRWMD and FDEP performance standards, as outlined in the Stormwater Management and
Flood Protection ordinance.
Polio The county will continue to require reuse of stormwater runoff for irrigation of
golf courses and other developments with wet detention/retention ponds with a surface area
greater than one acre.
Policy 6.3: By 2012, the county shall explore the feasibility of developing stormwater parks
in the unincorporated county to recharge the surficial aquifer.
OBJECTIVE 7 Stormwater Quality
Consistent with state law DCA Rule 9i 5.011(2)(e)(5), the county shall maintain Water Quality
Level of Service (WQLOS) based on Pollutant Load Reduction Goals (PLRGs) established by
the SJRWMD for the Indian River Lagoon and, when available, based on Total Maximum
Daily Load (TMDL) standards established for the Lagoon.
Policy 7. The county shall cooperate with the IRLNEP, SJRWMD, FDEP, DHRS, Marine
Resources Council (MRC), and other organizations in conducting an inventory pollutant
loadings to the Indian River Lagoon (IRL).
Polio The county will reduce the loading of suspended solids within stormwater runoff
by paving unpaved county roads within developed areas where the roads' drainage systems
discharge into the IRL.
Policy 7.3: The county will continue to require applicants for land clearing permits to submit
erosion control plans.
Policy 7.4: The County will continue to operate a street sweeping program for county roads.
Community Development Department Indian River County 45
Appendix "A"
Comprehensive Plan Transportation Element
Transportation to construct additional lanes for traffic. Under ISTEA, the Intermodal Surface
Transportation Efficiency Act of 1991, and subsequent Federal Highway bills, funding for
roadway improvements, whether widening or re -surfacing, is less dependent on jurisdictional
responsibility than on functional classification. With ISTEA, federal Surface Transportation
Program funds can be used on any federally classified road, except for local roads and rural
collectors, regardless of jurisdictional responsibility.
While Table 4.7.1 identifies the jurisdictional responsibility of each thoroughfare plan roadway
within the county, Figure 4.2.1 graphically depicts the jurisdictional responsibility for each road
on the major roadway network. As these indicate, the major inter -county roadways, including
AIA, SR60, I-95, and US 1, are state roads. Similarly, roads such as Indian River Boulevard,
CR 512, Roseland Road and others that extend through a municipality into the unincorporated
area are generally county roads. I-95, SR 60 west of I-95, and the Florida Turnpike are Florida
Intrastate Highway System (FIHS) roads.
Functional Classification
Functional classification is the process by which roads are grouped into different categories.
Generally, roads are classified according to the degree of mobility and/or land access provided,
with different roadway facilities providing different levels of mobility and accessibility.
Generally, roads with a lower functional classification provide access to adjacent land uses, such
as residential areas, employment centers, and commercial centers, with low levels of mobility.
Roads with a higher functional classification are considered limited access facilities with high
levels of mobility.
For example, the Interstate Highway System is a sub classification of the highest functional
class, principal arterials, and is characterized by long distance travel patterns and relatively high
speeds. Since interstates are limited access facilities, provisions are not made for direct land use
access from the Interstate system itself. Instead, interchanges with other highways are provided
at discrete intervals, and land access is generally provided from those highways.
According to state law Fierida Administrative Code See+,c_ or 5.019(5-b), comprehensive plans
must depict the existing MOT roadway functional classification on the existing traffic
circulation map or map series. For roadways in Indian River County, existing and future
functional classifications are depicted in Figures 4.3.1 and 4.3.2 respectively.
From a planning standpoint, functional classification is important for four reasons:
1. Functional classification groups together those facilities requiring the same level
of technical, managerial and financial competence for design, construction,
maintenance and operation;
2. It provides for the integrated and systematic planning as well as the orderly
development of highway construction and improvement programs in accordance
with actual needs;
Community Development Department Indian River County 14
Appendix "A"
Comprehensive Plan
Transportation Element
Recently, the county began identifying transit mode split on major transit corridors. These mode
split data will be used by the county to project transit trip potential during the trip assignment phase
of traffic studies. The mode split on a facility will also be used by the county as a basis for
identifying potential transit corridors asequ redder Fele 93-5.
With respect to transit's share of all trips in the county, transit in 2005 attracted only 0.169% of all
person -trips. Since automobile riders do not routinely experience congestion or have difficulty
finding free parking, there are few disincentives to driving in the county. Additionally, the county's
land use patterns, which feature large setbacks, single family residences, gated communities, and
generally low densities, make large-scale transit access and service inconvenient. While the share
of transit trips as a percentage of all trips (transit mode split) is small on a countywide basis, the
share of trips made by transit is substantially higher in a few corridors. Mode split on these
corridors ranges from approximately 1% on major arterials such as parts of SR 60 and US 1 to 7.8%
on 45ffi Street in the Gifford area.
One ongoing deficiency in the fixed route system is the lack of evening service. For many
workers, such as those on a conventional 9am to 5pm schedule, round trip commuting via the
transit system is not yet possible. Often, those riders can travel to work on the bus, but have to
find a different mode of travel to get home. Recently, Indian River Transit extended the hours of
operation to 6:00 pm on four routes. Overall ridership on these routes during extended hours has
been good, which indicates that there is a need for additional extended hour service.
In 2002, Indian River County amended its Comprehensive Plan to include its first Transit System
Level of Service. That level of service focused on one of the six identified adopted Transit
Quality and Level of Service indicators, Service Frequency. As its adopted standard, the county
adopted TQLOS "E", or 1 -hour headways.
In its last two Transit Development Plan (TDP) — Major Updates, the MPO assessed its level of
service in several major categories. Recently, Indian River County made significant strides in
improving TQLOS in two categories: Service Coverage and Hours of Operation. By carefully
identifying areas of greatest need and serving those areas, the county has improved its LOS for
coverage from "D" in 1996 to "A" in 2008. In order to achieve and maintain TQLOS "A" for
service coverage, the MPO identified and incorporated a number of new routes into the 2030
LRTP. These new routes are shown on Figure 4.12. In terms of hours of operation, the fixed
route system has, since 1996, expanded its evening hours from 3:00 pm to 6:30 pm.
Nonetheless, the TQLOS indicators do not rate a system at LOS D or above for hours of
operation until the system operates on a 12 -hour a day basis.
Adopted in 2008, the most recent Transit Development Plan Major Update contains a 10 -year set of
programmed transit improvements, including new routes, expanded hours, and service
improvements, designed to meet demand through 2018. In the future, the county should apply for
grants, prioritize transit projects, implement projects in accordance with that plan, and update that
plan on an annual basis.
Although the Senior Resource Association (SRA) is the primary demand response operator in the
county, there are a growing number of alternative providers. Currently, the SRA provides
Community Development Department Indian River County 107
Appendix "A"
Comprehensive Plan Economic Development Element
programs.
Policy 3.6: The County, through the school district, charter schools, and private schools, shall focus
on enhancing science, technology, engineering, and mathematics curriculum in K-12 schools.
OBJECTIVE 4: Facilitate Economic Development
By 2015, the county and municipalities within the County shall have at least two additional
established industrial/business/technology/research parks (for a total of 4 parks) with sufficient land
and adequate infrastructure to accommodate new or expanding businesses. At least one of these
parks should be developed for Biotech/research/technology industries.
Policy 4.1: By 2010, the County shall establish an Indian River County Consortium for Life Science
Research and Technology Advancement with appropriate local governments, employment agencies,
institutions of higher education and other applicable entities, whose mission shall be to:
1. Promote and support the growth of existing key and emerging economic sectors; and
2. Provide legislative and governmental policies to support economic development; and
3. Make available physical infrastructure to support development, manufacturing, and
commercialization of products; and
4. Provide and support emerging technologies; and
5. Leverage the county's current K-12 schools with a focus on enhancing the Science,
Technology, Engineering, and Mathematics related foundation for education; and
6. Create a profusion of higher education opportunities within the targeted sectors to
enhance our competitive opportunities; and
7. Provide entrepreneurial, management expertise, a well trained, skilled, educated
workforce; and
8. Foster a synergy and interaction of venture capital, legal, scientists, entrepreneurs,
and financers to create product development; and
9. Identify and increase investments needed to enhance a competitive advantage; and
10. Provide the awareness, advocacy, and expressed will of stakeholders to support
economic development.
Polio: The County, , shall review and
evaluate the county's land development regulations on an anatial a regular basis. Any regulations
that might impede economic development will be considered and evaluated by the Professional
Serviees Advisory y !"'^,, mittom for possible revision.
Policy 4.3: The County shall maintain its policies, regulations, information, and application forms
Community Development Department Indian River County 49
Appendix "A"
Comprehensive Plan Housing Element
Escambia County bond program) in order to provide below market rate loans to very low, low, and
moderate income households for home purchases. The county shall inform financial institutions of
the availability of the bond programs.
POLICY 1.5: By 2012, the county shall, establish a web based permitting process.
POLICY 1.6: The county shall take all necessary steps to eliminate delays in the review of affordable
housing development projects. In order to define delay, the county hereby establishes the following
maximum timeframes for approval of projects when an applicant provides needed information in a
timely manner:
• Administrative approval - 5 days;
• Minor site plan - 5 weeks;
• Major site plan - 6 weeks;
• Special exception approval - 13 weeks.
Whenever these review times increase by 150% or more due to the work load of the review staff, the
county will begin prioritizing the review of affordable housing development project applications. In
prioritizing affordable housing development project applications, staff will schedule affordable
housing project applications for review before other types of project applications to ensure that
maximum review timeframes are not exceeded for affordable housing projects.
POLICY 1.7: As part of the adoption process for any county regulation which could affect housing
development, county planning staff shall prepare a Financial Impact Statement to assess the
anticipated impact of the proposed regulation on the cost of housing. When proposed regulatory
activities are anticipated to increase the estimated cost per unit for the development of housing, the
Financial Impact Statement shall include an estimated increased cost per unit projection. The
financial impact statement then will be reviewed by the D a Ser -v ees n dvisofy Committee,
the Planning and Zoning Commission and, if possible, the Affordable Housing Advisory Committee.
Those groups shall consider the regulation's effect on housing cost in making their recommendation
to the Board of County Commissioners. The Board of County Commissioners will consider the
financial impact statement in making its final decision on the adoption of any proposed regulations.
POLICY 1.8: The county shall expedite permits for housing projects utilizing new construction
technologies, including green building programs and Energy STAR® Program.
POLICY 1.9: The county shall support housing developments near transportation hubs, major
employment centers, and mixed use development by expediting the permit process for these types of
housing projects.
48
Community Development Department Indian River County
Appendix "A"
Comprehensive Plan Housing Element
POLICY 2.3: The county shall provide technical assistance to existing and future community
development corporations.
POLICY 2.4: The county's general services department shall, pursuant to section 125.379 F.S.,
maintain an inventory of all surplus county -owned land and foreclosed properties that are appropriate
for affordable housing and dispose of those properties consistent with section 125.379 F.S.
requirements.
POLICY 2.5: The county shall maintain its affordable housing density bonus provision for planned
development projects, allowing eligible affordable housing projects with a market value of
affordable housing units not no to exceed 2 %2 times the county's median household income, to
receive up to a 20% density bonus based on the following table.
Very Low
Density Bonus
Additional Density Bonus for
Range of Possible
Income (VLI).
(Percent
Providing Additional Buffer and
Density Bonus
and Low
increase in
Landscaping based on one of the
Percentage
Income (LI)
allowable
following options (percent increase
(Percent increase
Affordable
units)
in allowable units)
in allowable
Units as
Percentage of
units)
Option I
Option II
Project's Total
Units
Material equal to
Material equal
a 20' wide Type C
to a 25' wide
buffer with 6'
Type B buffer
opaque feature
with 6' opaque
along residential
feature along
district
residential
boundaries and 4'
district
opaque feature
boundaries and
along roadways
4' opaque
feature along
roadways
More than 30%
10%
5% or
10%
10-20%
POLICY 2.6: The county shall maintain its current transfer of density provisions through the planned
development process.
POLICY 2.7: The county shall provide for the creation and preservation of affordable housing for all
50
Community Development Department Indian River County
Appendix "A"
Comprehensive Plan Housing Element
for funding from programs such as the Low Income Housing Tax Credit Program.
POLICY 4.9: The county shall require all applicants for downpayment/closing cost loan assistance
from the Indian River County Local Housing Assistance Program to attend a homebuyers'
educational program workshop as a prerequisite for getting a loan. The homebuyers' educational
program provides useful information to people wanting to buy their own home. Typical subjects
presented are as follows:
• Preparing for homeownership (including budgeting, saving, etc.)
• Shopping for a home
• Obtaining a mortgage (qualifying, processing, etc.)
• Understanding mortgages and the closing process
• Life as a homeowner (includes maintenance and responsibilities)
• Credit and credit reports
POLICY 4.10: The county shall assist non-profit housing organizations in establishing Community
Land Trusts (CLT) by providing technical support to those organizations.
POLICY 4.11: The county shall assist non-profit organizations in establishing Community
Development Corporations (CT -DC) by providing technical support to those organizations.
POLICY 4.12: The county shall assist employers with establishing employer assisted housing
projects by providing technical support to those employers.
POLICY 4.13: The county shall create a new private/public housing trust fund.
OBJECTIVE 5 IMPROVED INFRASTRUCTURE AND COMMUNITY DEVELOPMENT
CHARACTERISTICS
By 2020, the county, through assessment process or grants, will have provided paved roads, drainage
facilities, and/or centralized water systems to at least 5 additional existing subdivisions currently
without sufficient infrastructure.
POLICY 5.1: The county shall apply for federal and state funding such as the Small Cities
Community Development Block Grant (CDBG) funds to provide necessary improvements to
neighborhoods with existing infrastructure deficiencies.
POLICY 5.2: The county shall send a memorandum to property owners of subdivisions lacking
infrastructure to inform them of opportunities for obtaining infrastructure improvements to existing
neighborhoods.
53
Community Development Department Indian River County
Appendix "A"
Comprehensive Plan Capital Improvements Element
both existing, in -the -ground facilities as well as facility expansions or new facilities which are
programmed but not yet existing.
As part of the concurrency review process, Aeeer-ding-to Chapter- 9i 5.0055(3), Minn
v o,,uirements For- Gone iffe eye Florid n amity stfative Code, the capacity of existing, in -the -ground
facilities will be considered in all cases. Programmed facilities will be considered in assessing
capacity for each public facility category when the following conditions are met:
➢ For sanitary sewer, potable water, solid waste and drainage facilities:
1. A development order or permit is issued subject to the condition that, at the time of the
issuance of a certificate of occupancy or its functional equivalent, the necessary facilities
and services are in place and available to serve the new development; or
2. At the time the development order or permit is issued, the necessary facilities and services
are guaranteed in an enforceable development agreement, pursuant to Section 163.3220,
F.S., or an agreement or development order issued pursuant to Chapter 380, F.S., to be in
place and available to serve new development at the time of the issuance of a certificate of
occupancy or its functional equivalent. [Section 163.3180(2)(a), F.S.]
➢ For parks and recreation facilities:
At the time the development order or permit is issued, the necessary facilities and
services are in place or under actual construction; or
2. A development order or permit is issued subject to the condition that, at the time of the
issuance of a certificate of occupancy or its functional equivalent, the acreage for the
necessary facilities and services to serve the new development is dedicated or acquired by
the local government, or funds in the amount of the developer's fair share are committed;
and
a. A development order or permit is issued subject to a condition that the
necessary facilities and services needed to serve the new development are
in place or under actual construction not more than one year after issuance of a
certificate of occupancy or its functional equivalent; or
b. At the time the development order or permit is issued, the necessary facilities
and services are the subject of a binding executed agreement which requires the
necessary facilities and services to serve the new development to be in place or
under actual construction not more than one year after issuance of a certificate
of occupancy or its functional equivalent; or
Community Development Department
Adopted November 2, 2010, Ordinance 2010-024
Indian River County
47
Appendix "A"
Comprehensive Plan Capital Improvements Element
Goal, Objectives and Policies
Goal
It is the goal of Indian River County to provide needed capital improvements through the use of sound
fiscal decision making.
Objectives and Policies
Objective 1: Construction of Capital Facilities
By 2015, the county will have completed those capital improvements schedule projects that replace
obsolete or worn-out facilities, eliminate existing deficiencies or accommodate desired future growth.
Policy 1. The county shall maintain a five-year capital improvement program and pursuant to
Section 163.3177(3)(b) F.S. evaluate and update that program every year to reflect existing and future
public facility needs of the county. This capital improvement program will ensure that the plan is
financially feasible and that the adopted level -of -service standards are achieved and maintained.
Policy 1.2: The county and the School District shall undertake only those capital improvements
included within this element's adopted capital improvements program. Pursuant to Section
163.3177(3)(b) F. S., the Capital Improvements Element will be reviewed every year. Corsisten+<.,;+t,
Seetion 9i c f the Fier -id., Administrative Gode, Iif any facility identified in the Schedule of Capital
Improvements is delayed or deferred in construction, or is eliminated from the capital improvements
program, and this delay, deferral, or elimination will cause the level -of -service to deteriorate below
the adopted minimum level of service standard for the facility, a comprehensive plan amendment will
be required to adjust the Schedule of Capital Improvements. The annual update of the capital
improvement element shall be done with a single public hearing before the Board of County
Commissioners and a copy of the ordinance amending the Capital Improvements Element shall be
transmitted to DCA.
Policy 1.3: The county shall evaluate and prioritize its capital improvement projects based on
following criteria. These criteria are ranked in order of importance.
➢ Preservation of the health and safety of the public by eliminating public hazards;
➢ Compliance with all mandates and prior commitments;
➢ Elimination of existing deficiencies;
➢ Maintenance of adopted level -of -service standards;
➢ Provision of infrastructure concurrent with the impact of new development;
➢ Protection of prior infrastructure investments;
➢ Consistency with the county plan and plans of other agencies;
➢ Accommodation of new development and redevelopment facility demands;
Community Development Department Indian River County
Adopted November 2, 2010, Ordinance 2010-024
52
Appendix "A"
Comprehensive Plan Capital Improvements Element
are quantitative, such as adopting land development requirements, which ensure the maintenance of
the level -of -service standards, adopting a capacity monitoring system and others. Besides the
measures, table 6.22 also identifies timeframes associated with meeting the objectives.
The Planning Department staff will be responsible for monitoring and evaluating the Capital
Improvement Element. This will involve collection of data and compilation of information regarding
facility capacity, expansion, and new development permitted. This will be done on a regular basis.
As part of the county's Concurrency Management System, the Planning Department will continually
monitor the facility capacity to ensure that level -of -service standards will be maintained.
Table 6.22: Capital Improvements Element Evaluation Matrix
Objective
Measure
Timeframe
1
Existing deficiencies in county services and/or obsolete or worn-out facilities
2015
2
Land use density and intensity in Coastal High Hazard Area
2030
3
Level -of -service provided for county services
2030
4
Existence of appropriate Land Development Regulations
2030
5
Completion of the Schedule of Capital Improvements
2030
While monitoring will occur on a continual basis, formal evaluation of the Capital Improvements
Element will occur annually. The formal evaluation and appraisal of the entire Comprehensive Plan
will occur every ten years (dependent upon the schedule adopted by the Florida Department of
Community Affairs). Besides assessing progress, the evaluation and appraisal process will also be
used to determine whether the Capital Improvements Element objectives should be modified or
expanded based on revisions to state statutes and changing conditions not identified and addressed as
part of the annual CIE update. In this way, the monitoring and evaluation of the Capital
Improvements Element will not only provide a means of determining the degree of success of the
plan's implementation; it will also provide a mechanism for evaluating needed changes to the plan
element not otherwise addressed in the yearly update of the Capital Improvements Element.
As discussed in the above paragraphs, the evaluation and monitoring procedures identified for the
Capital Improvements Element are basically the same for the entire Comprehensive Plan. These
procedures are etiffently being have been used in the past to prepare the feel county's Evaluation
and Appraisal Report and will be used by the county in subsequent Evaluation and Appraisal Reports.
hieluded in those proeedures are the for -mat requirements listed in 9i 5.005 (1)(a)(e), F.A.C.
The monitoring and evaluation of this plan is critical to ensure that the policies are effective in
achieving the plan's goals and objectives. Each individual element of the plan contains provisions and
measures to be used in the review of the element. Each element contains an Implementation and
Community Development Department Indian River County
Adopted November 2, 2010, Ordinance 2010-024
64
Appendix "A"
Comprehensive Plan Coastal Management Element
associated policies relating to no increase in the density of land use within the Coastal High
Hazard Area (CHHA).
Policy 6.6: The county shall coordinate with the Florida East Coast Railroad (FECRR) and
other concerned agencies to ensure that train movements will be stopped during hurricane
evacuations.
Policy 6_7: The county shall prohibit the location of new adult congregate living facilities,
nursing homes, and other similar medical facilities that serve the county's special needs
population within the CHHA.
OBJECTIVE 7 Post -Disaster Recovery and Redevelopment
Consistent with the requirements of Chapter 163, F.S. and DCA Rule 9i 5, F. ".r ., the county
shall have a Local Mitigation Strategy (LMS) as an annex to the Indian River County
Comprehensive Emergency Management Plan (CEMP). The LMS shall list and prioritize
disaster mitigation projects.
Policy 7.1: Consistent with the CEMP, the county will perform an initial damage assessment,
immediately following a natural disaster event, in order to determine the extent of damage and
prioritize allocation of recovery resources. If the scope of damage exceeds the county's ability
to recover, the county shall declare a local state of emergency, pursuant to Chapter 252, F.S.
and County Ordinance# 91-18. Once a local state of emergency has been declared, the county
will request assistance from the Florida Division of Emergency Management (FDEM).
Policy 7.2: The county shall continue to maintain its LMS and to implement the short-term and
long-term recommendations contained in the LMS.
Policy .3: Following a natural disaster, principal structures and uses located east of the
County's Dune Stabilization Setback Line (DSSL) which sustain greater than 50 percent of
MAI (Member of Appraisal Institute) assessed current market value damage from a naturally
occurring storm shall be required to relocate upland of their location and, when possible, west
of the DSSL. Prior to reconstruction, principal structures east of the 1987 State Coastal
Construction Control Line (CCCL) exhibiting damage from a naturally occurring storm event,
greater than 50 percent of MAI assessed market value, shall be required to obtain all applicable
permits and comply with all applicable building codes concerning coastal construction.
Policy 7.4: Consistent with National Flood Insurance Program (NFIP) requirements, any
structure predating 1989 FEMA Flood Insurance Rate Maps (FIRMS) and located within a
flood hazard area that sustains "substantial damage" due to a natural disaster (i.e. repair costs
that exceed 50% or more of the building's value) shall be required to be elevated a minimum of
six (6) inches above the base flood elevation (BFE), as depicted on current FIRMs.
Policy 7.5: Consistent with NFIP requirements, any proposed "substantial improvement" (i.e.
additions, renovations, or modifications that exceed 50% or more of the building's value) to a
Community Development Department Indian River County 53
Appendix "A"
Comprehensive Plan Coastal Management Element
Policy 9.3: The county shall provide developers with incentives, such as transfer of
development rights, tax incentives and others, in return for preserving historic resources.
Policy 9.4: The county shall require developments which include historical resource sites to
submit archaeological surveys prior to commencing construction activities. Developers shall
be required to preserve these resources while maintaining a reasonable use of the land.
Policy 9.5: The county shall recognize and properly manage its historical resources by
implementing Objective 8 of the Future Land Use Element.
Policy 9.6: By 2012, the county will develop management plans for the following scenic/
historic roads: Fellsmere Grade, Quay Dock Road, Old Winter Beach Road, and Gifford Dock
Road.
OBJECTIVE 10 Infrastructure in the Coastal Zone
Through 2030, the level of service (LOS) for traffic circulation, recreational facilities,
stormwater management, and potable water and sewer service in the coastal zone of Indian
River County will be consistent with the LOS standards set forth in the concurrency section of
the Capital Improvements Element.
Policy 10.1: C.,._sist__: with DCA Rule 9i c n, 2(3)(ev4) +The county shall identify and assess
all infrastructure located within the CHHA to determine its vulnerability. This vulnerability
assessment will based on data from FIRMS, The Arbiter of Storms (TAOS) computer model,
and the Sea, Lake, and Overland Surges from Hurricanes (SLOSH) map. Any decision to
abandon or relocate infrastructure outside the CHHA following a natural disaster will be based
on a benefit -cost analysis of vulnerable infrastructure. This benefit -cost analysis will be
included in the Local Mitigation Strategy, once completed.
Policy 0_2: The county shall coordinate with all state and federal agencies in the funding and
implementing of beach stabilization projects.
Policy 10.3: Indian River County shall permit the utilization of local funds for shoreline
stabilization and beach renourishment projects. Priority shall be given to those projects which
demonstrate the best benefit -cost ratio while having the least impact to the offshore reef, and
the nearshore beach and dune ecological communities
Policy 10_4: The county shall not allow new underground storage tanks or septic facilities to be
located oceanward of the county's Dune Stabilization Setback Line (DSSL).
Policy 10.5: The county shall maintain the standards, phasing and funding of infrastructure in
the coastal zone, as set forth in the Transportation Element, and the Natural Groundwater
Aquifer Recharge, Sanitary Sewer, Potable Water and Stormwater Management Sub -Elements
of the Indian River County Comprehensive Plan.
Community Development Department Indian River County 56
Appendix "A"
Comprehensive Plan
Conservation Element
Policy 11.3: To reduce improper management of hazardous and solid waste, the county will
continue to investigate illegal waste disposal practices, evaluate current enforcement policies,
and revise county enforcement policies if deemed appropriate.
Policy 11.4: Existing known hazardous waste contaminated sites shall be monitored and
remediated, when feasible.
OBJECTIVE 12 Natural Resource Management
By 2020, 80% of the county's conservation lands shall be restored to viable ecological
condition and improved for compatible passive recreational public access.
Policy 12.1: The county, in cooperation with the State Division of Forestry, U.S. Fish and
Wildlife Service, and the Florida Fish and Wildlife Conservation Commission, will conduct
prescribed burns on a rotational basis at the Wabasso Scrub Conservation Area, the North
Sebastian Conservation Area, and other county -owned scrub habitat.
Policy By 2010, the county shall adopt an interagency management agreement on
implementation of the Sebastian Area -wide Florida Scrub jay Habitat Conservation Plan.
Policy 12.3_ By 2010, the county shall enter into a written interlocal agreement with the City
of Vero Beach regarding management of the Prange Islands Conservation Area.
Policy 12.4: For land tracts acquired through the Environmental Lands Program, the county
shall require a site specific management plan be adopted within one year of acquisition.
Sueh managemeat plans shall be subjeet to the review and r-eeommendations of the Coun-ty
Censer-vation T a Advisory r,,,,,., it4ee 11�r _ A G1. The County will, where feasible,
construct public access improvements within two years of management plan adoption.
Policy 12.5: The county shall solicit grants from regional, state and federal agencies to
supplement management funds for acquired lands. Funding will be used for the following
purposes:
1. restoration and enhancement of impacted wetland and upland areas;
2. establishment and/or improvement of public access;
3. promotion of environmental education/awareness;
4. eradication of nuisance exotic vegetation;
5. posting of signage and boundary markers; and
6. prescribed burning on scrub lands.
Community Development Department Indian River County 141
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