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Home My WebLink About2010-020ORDINANCE NO. 2010- 020 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT POLICIES 1.22 AND 1.36 TO ALLOW FOR THE EXPANSION OF COMMERCIAL/INDUSTRIAL NODES FOR LARGE- SCALE RESEARCH/TECHNOLOGY/ INDUSTRIAL PARKS AND TO INCREASE THE SIZE AND USE ALLOWANCES OF THE COMMERICAL/INDUSTRIAL DESIGNATED PROPERTY LOCATED NORTH OF SR 60 AND WEST OF 98TH AVENUE; 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 application during its January 2010 amendment submittal window; and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on April 22, 2010, after due public notice; and WHEREAS, the Local Planning Agency voted 6 to 0 to recommend that the Board of County Commissioners transmit the comprehensive plan amendment listed below to the Florida Department of Community Affairs; and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on June 8, 2010, after advertising pursuant to F.S. 163.3184(15)(b)(1), and WHEREAS, the Board of County Commissioners approved the transmittal of this EAR based comprehensive plan amendment to the Florida Department of Community Affairs with a request for review; 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; and WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on June 24, 2010, pursuant to F.S. 163.3184(4); and WHEREAS, the County received the Florida Department of Community Affairs Objections, Recommendations, and Comments (ORC) report on August 26, 2010; and WHEREAS, the Florida Department of Community Affairs had one objection and four comments concerning this amendment and its associated future land use map amendment; and WHEREAS, the County revised policy 1.36 to address DCA's ORC Objection and Comments; and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on October 12, 2010, after advertising pursuant to F.S. 163.3184(15)(b). NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: 1 ORDINANCE NO. 2010-o2o 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 three (3) copies of the amendment to the State of Florida Department of Community Affairs and one (1) copy to the Treasure Coast Regional Planning Council. SECTION 2. Amendment to the Comprehensive Plan AMENDING THE COUNTY'S COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT POLICIES 1.22 AND 1.36 (APPENDIX A). 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. Severabilitv 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 the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming their effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Press -Journal on the 27th day of September, 2010, for a public hearing to be held on the 12'h day of October 2010, at which time it was moved for adoption by Commissioner Solari , seconded by Commissioner Wheeler , and adopted by the following vote: ORDINANCE NO. 2010-020 Peter D. O'Bryan, Chairman Aye Bob Solari, Vice Chairman Aye Joseph E. Flescher, Commissioner A.ye Wesley S. Davis, Commissioner Aye Gary C. Wheeler, Commissioner Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY i BY: s#t Peter D. O'Bryan, Chairman ATTES er /_4CJeffrey arton, Clerk This ordinance was filed with the Department of State on the following date: SUFFICIENCY APPROVED AS TO PLANNING MATTERS LleyA,�J_ G Robert M. Keating, AICP; om 44 7. Dev ment Director FACommunity Development\Comprehensive Plan Text Amendments\Corrigan et al's CPTA- Jan. 2010\Adoption Ordinance 101210.doc 3 i� PROPOSED REVISIONS Appendix A Policy 1.22: No node shall be expanded unless 70% of the subject node's land area (less rights- of-way) is developed with non-residential and non-agricultural uses, or approved for non- residential and non-agricultural development, or otherwise warranted by the proposed development. Otherwise warranted may include but not be limited to the following: • Developed percentage of a node is between 60% and 70% and the node expansion meets one of the following criteria: o Expansion of the node is necessary to accommodate the expansion of an existing use where there is not suitable vacant land adjacent to the use within the node, the land proposed for inclusion is owned or controlled by the owner of the site containing the use proposed for expansion, and a finding is made by the Board of County Commissioners that no other land in the node can feasibly accommodate the expansion of the referenced use, or o Expansion of an existing node is necessary to adjust a node boundary that splits a small parcel of land and a finding is made by the Board of County Commissioners that development of the parcel is not feasible with the split land use designation and that inclusion of the parcel in the node is more appropriate than exclusion of the parcel from the node. Expansion of a node is necessary to accommodate a use (such as a regional mall or a large-scale research/technology/industrial park) which has a substantial land area requirement and no alternative suitable sites are available in existing nodes. • Expansion of a node is necessary to compensate for existing or proposed right-of-way which was included within the node boundary and included in the node size calculation, where the node expansion will not exceed the acreage represented by the right-of-way. • Expansion of a node is necessary to accommodate a substantial change in circumstances affecting a property adjacent to the node, where said change has had the effect of making the property unsuitable for residential use. Such change could include establishment of an adjacent, incompatible use, or a significant change in adjacent development patterns due to an act of government such as road development and expansion. Expansion of a node is necessary to include existing adjacent non -conforming commercial or industrial uses where a finding is made by the Board of County Commissioners that the non -conforming uses cannot be otherwise eliminated. Words st-fieken are deletions; words underlined are additions. Attachment 2 FACommunity Development\Comprehensive Plan Land Use Amendments\revised ordinance without beaty property\without beaty property PROPOSED REVISIONS Policy 1.22 and 1.36.doc Page 1 Expansion of a node is necessary to facilitate a swap of land use designations involving more than one node where all involved nodes impact the same public facilities and the swap will not increase the overall land use density or intensity depicted on the Future Land Use Map. The total area added to any expanding node or nodes shall be equal to or less than the total area removed from any other involved node or nodes. • Expansion of a node is necessary to correct an oversight or a mistake in the plan affecting property that meets the following criteria: o the property is residentially designated: o the property was given a residential designation as a result of an oversight or a mistake; o the property is unsuitable for residential use; o the property is adjacent to a node; and o the property is no more than 10 acres in size. Policy 1.36: The County shall limit the use of the 101.8 ±665 acres of C/I designated property located at the neAheast eerne north of SR 60 and 4-0�—A--,,� west of 98th Avenue to research/technology/industrial uses only. Those uses include an research/technology/industrial parks, light manufacturing and assembly facilities, and distribution centers, and accessory commercial uses. For that portion of the 665 acre property that lies we of 102nd Avenue the Floor Area Ratio shall be limited to .30 and development shall be limited to no more than 2% accessory commercial uses and no more than 49% research/technology uses This policy shall be implemented through Planned Development (PD) zoning and/or Planned Development (PD) Plan requirements. In addition, each preliminary PD plan (site plan) for development of the Portion of the 665 acre property that lies west of 102nd Avenue shall: • incorporate a stormwater management and flood protection design that mitigates potential adverse impacts of a flood associated with the failure of federal and privately owned levees within the UyDer St. Johns River Basin Project; and • include upland edge buffers between industrial development and any adjacent wetland mitigation bank area; and • provide mass transit infrastructure (bus waiting area shelters benches accommodations for pedestrians bicyclists and accessibility by persons with disabilities) and • incorporate a traffic circulation design that meets FDOT S R 60 access management requirements and provides shared access and interconnections between facilities On that portion of the 665 acre property lying west of 102nd Avenue development will be limited to 4.2 million square feet of research technology, industrial and accessory commercial uses until I-95 north of S.R. 60 is widened. Words stricken are deletions; words underlined are additions. Attachment 2 FACommunity Development\Comprehensive Plan Land Use Amendments\revised ordinance without beaty property\without beaty property PROPOSED REVISIONS Policy 1.22 and 1.36.doc Page 2