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HomeMy WebLinkAbout2012-040ORDINANCE NO. 2012- 040 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE FUTURE LAND USE AND THE RECREATION AND OPEN SPACE ELEMENTS AND THE POTABLE WATER SUB -ELEMENT 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 2012 amendment submittal window; and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on September 27, 2012, 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 23, 2012, 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; and WHEREAS, State and Regional review agencies had no objections to this amendment; and WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption Public Hearing on December 18, 2012, after due public notice. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: 1 ORDINANCE NO. 2012-040 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. SECTION 2. Amendment to the Comprehensive Plan AMENDMENT OF THE TEXT OF THE FUTURE LAND USE AND THE RECREATION AND OPEN SPACE ELEMENTS AND THE POTABLE WATER SUB -ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN (APPENDIX A); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. 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 _4th day of Dec _, 2012, for a public hearing to be held on the Dec 18 , 2012, at which time it was moved for adoption by Commissioner Davis , seconded by Commissioner O'Bryan and adopted by the following vote: Joseph E. Flescher, Chairman Ave-- Wesley S. Davis, Vice Chairman Ave Peter D. O'Bryan, Commissioner Aye Tim Zorc, Commissioner Ave Bob Solari, Commissioner Aye 2 ORDINANCE NO. 2012- 040 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, �SSIONERS ^ a •� : cc; A)i ki o1 ATTEST BY: �• C -fir :Jeffrey R. Smith, Clerk of Court an Comptroller This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LE AL SUFFICIENCY William K. DeBraal, Deputy County Attorney AS TO PLANNING MATTERS Director FXommunity Development\Comprehensive Plan Text AmendmentsUuly 2012- LU,PW, REC elements\Ordinance and Resolutions\Comp Plan Text Amendment Adoption Ordinance December 18, 2012.doc ORDINANCE NO. 2012- 040 APPENDIX `A' interested parties of the Florida Right to Faun Act, Section 823.14, Florida Statutes as amended, and stating that active farm operations occur nearby. Rgjj�. � When vaeant land within the wban serviee area is leeated adjaeent to developed vaeant prepeAy shall hffe a tfmsifieR afea Rext to the built pfepefty Y. -M a density in that t. sit: efea semparable to diat of the built property. Policy 1-.55 1.48: The county shall consider the impact of proposed amendments to the Future Land Use Map upon the county's jobs/housing balance in a manner consistent with Policy 4.8. Policy 1.49: The county hereby designates the entire urban service area as an Energy Conservation Area. The county shall maintain its urban service area boundary in a manner consistent with Policies 2.1, 2.2, and 2.3. Policy 1.50: Within Energy Conservation Areas, the county shall regulate all new development _ andrice evelopment in amanner that promotes energy conservation. Policy 1.51: The county shall encourage Traditional Neighborhood Design (TND) projects that are consistent with Policies 18.1, 18.2, and 18.3. Consistent with Policy 18.4, the county shall permit TND developments as conditional uses in the county's conventional zoning districts. Policy 1.52: Within the urban service area, the county shall permit mixed use developments that are consistent with Policy 5.6. Policy 1.53: In areas located outside the urban service area, the county shall promote clustered development, such as new towns and agricultural planned developments. New towns shall be consistent with Policies 1.37 and 1.38, while agricultural planned developments shall be consistent with Policy 5.9. Policy 1.54: In reviewing new development proposals, the county shall require vehicular and pedestrian connections as specified in Policy 4.5. OBJECTIVE 2: URBAN SERVICE AREA In unincorporated Indian River County, all residential development greater than 0.2 units/acre, and all non -agriculture related commercial/industrial uses will be located within the urban service area, which contains the infrastructure and services needed to accommodate such development. Policy 2.1: Indian River County hereby adopts the 2030 Urban Service Area depicted on the County's Official Future Land Use Map. The Urban Service Area includes land where services Future Land Use Eh!ment 152 0 ORDINANCE NO. 2012- 040 unincorporated barrier island will be consistent with the HIRPMP by 'implementing the policies of this comprehensive plan. Policy 12.2: 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. Policy 12.3: 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. Policy 13.2: Indian River County, through coordination with municipalities within the county, shall ensure that future annexation will not create enclave areas. Policy 13.3: 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 Future Land Use Element 169 5 ORDINANCE NO. 2012- 040 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 submitted by any interested party, the planning staff, or the Board of County Commissioners. Applications to amend the comprehensive plan will be accepted only during the months January, April, and July, and October 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. Policy 14.5: 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: Future Land Use Element 170 ORDINANCE NO. 2012- 040 Comprehensive Plan Potable Water Sub -Element POLICY 4.4: The county shall renew its annual contract with the SJRWMD to identify and require property owners to plug or valve free flowing artesian wells. POLICY 4.5: The county shall encourage home builders to participate in the SJRWMD's Florida Water Star Program by expediting review of their permits. POLICY 4.6: The county's water pricing system shall continue to be equitable, but shall continue to charge an exponentially increasing unit rate for high volume residential users (those using more than three times the Level of Service standard established in policy 1.3). POLICY 4.7: To quickly and efficiently respond to any leakage, the county shall continue to implement its leak detection program. _ -- - POLICY 4.8: The county shall require all new subdivisions and projects_of 25_or more Iots%unitsthaf are within a'%. mile of an effluent reuse line to connect to the effluent reuse line. When a project meets above criteria, developer shall be required to construct an effluent reuse line. POLICY 4.9: By 2013 24N4, the Utilities Department shall review revise its current pricing plans to further discourage excessive water use and to provide incentives to customers for saving water. POLICY 4.10: The county shall require new developments to use water from retention ponds, instead of water from wells, for irrigation. OBJECTIVE 5 Capital Improvements Thorough the time horizon of the plan, the county will have completed all programmed capital improvements shown in Appendix "A" of the Potable Water Sub -Element in order to maximize the use of existing facilities and discourage urban sprawl, POLICY 5.1: In conformance with the review process for the Capital Improvements Element of this plan, the county shall maintain a five-year schedule of capital improvement needs for public facilities. POLICY 5.2: Proposed capital improvement projects shall be evaluated and ranked according to the following priority level guidelines: Level One - whether the project is needed to protect public health and safety, to fulfill the county's legal commitment to provide facilities and services, or to preserve or achieve full use of existing facilities. Community Development Department Indian River County 45 7 ORDINANCE NO. 2012- 040 Comnrehensive Plan Recreation and Open Space Element GOAL, OBJECTIVES AND POLICIES As with all elements of the comprehensive plan, goals, objectives and policies are the basis of the Recreation Open Space Element. Not only do they establish the county's direction for recreation and open space; but goals, objectives and policies also set community expectations for recreation and open space and courses of action which the county will pursue to meet those expectations. GOAL: It is the goal of Indian River County to provide a recreation and open space system which meets the needs of all residents of the county, is accessible to all residents of the county, and maximizes the county's physical, cultural and historical resources. OBJECTIVE 1: Adequate Parklands and Recreation Facilities Through 2030, adopted recreation levels -of -service will be maintained to ensure that adequate parklands and -recreation facilities are available and accessible for public use. POLICY 1.1: The county hereby adopts a recreation level -of -service standard of 6.61 recreation acres per 1,000 permanent population plus weighted seasonal population POLICY 1.2: For level -of service purposes, the county shall measure parkland acres per 1000 population by summing the total county owned park acreage and dividing by the current estimate of unincorporated county permanent population, plus weighted seasonal population. POLICY 1.3: The county shall maintain its concurrency management system, which allows proposed developments only if there is sufficient parkland to serve the proposed development. POLICY 1.4: The county hereby adopts the facility standards identified in Table 10.1 as guidelines to be used in developing parklands. POLICY 1.5: By 2015 2M, the county shall complete a needs analysis of its recreation services. This analysis will include an assessment of the type of parks and facilities needed in Indian River County, the quantity of facilities needed, the location where those facilities are needed, the current use of facilities, and a comparison of county needs to national standards for recreation services, and unique local conditions relevant to recreation services. POLICY 1.6: By 2015 204-2. the Recreation Department shall evaluate the existing user fee structure and include full cost recovery for adult programs. POLICY 1.7: By 2016 2913, the Recreation Department shall revise its fee structure for county recreational programs and reservation of county park facilities to include a surcharge for out of county residents. Community Development Department Indian River County 46 0 ORDINANCE NO. 2012- 040 Comprehensive Plan Recreation and Open Space Element POLICY 1.8: By 2012, the Recreation Department shall evaluate the current per capita expenditure in the north and south areas (with S.R. 60 as a dividing line) and utilize the collected data to guide placement of needed park facilities in each area. POLICY 1.9: By 2015 204, the Recreation Department shall evaluate new funding options, including privatization and partnerships. POLICY 1.10: By 2015 244, the Recreation Department shall evaluate new revenue opportunities such as facility naming rights, beach and park concessions, and others. POLICY 1.11: By 2016 244, the Recreation Department shall evaluate the feasibility of creating a foundation to develop and receive donations for parks capital and infrastructure needs. POLICY 1.12: The county shall continue to charge park and recreation impact fees to fund a portion of the -park -system's capital budget needs. POLICY 1.13: The Recreation Department shall continue to apply user fees for those facilities and programs where the benefit is quantifiable and where the fee can be effectively implemented. POLICY 1.14: The county shall, as part of its user fee program, develop a method to subsidize recreation user fees for low income residents so that there will be minimal effects of user fees on participation at sites or programs. POLICY 1.15: The county shall identify state and federal recreation grant programs. When applicable, the county shall apply for available grant funds, for recreation facility or program funding. POLICY 1.16: The county shall maintain land development regulations that require certain planned residential development projects to provide recreation areas and facilities that meet the county's recreation level -of -service standards. OBJECTIVE 2: Parklands in the South District By 2020, the county will have 461 acres of parkland south of S.R. 60. POLICY 2.1: By 2015, the county will, based on funding availability, complete remaining improvements identified in the South County Regional Park Master Plan. POLICY 2.2: The county shall, based on funding availability, include active recreation facilities such as baseball fields, basketball courts, tennis courts, jogging trails, swimming pools and others in its future south county parks if those facilities are consistent with the 2012 updated south county regional park master plan. Community Development Department Indian River County 47 VC ORDINANCE NO. 2012-040 Comprehensive Plan Recreation and Open Space Element POLICY 2.3: The county shall give parkland acquisition priority to the area south of SR 60, west of T37 -Avenue. venue. OBJECTIVE 3: Parkland Development By 2020, the county will have developed at least 65 percent of its currently undeveloped existing park acreage. POLICY 3.1: By 2020, the county shall complete phase II of the Treasure Shores Park. POLICY 3.2: By 2015 24Q, the county shall develop a new master plan for the fairgrounds, indicating needed facilities and necessary structures. POLICY 3.3: The county shall add facilities to existing parks having undeveloped area. Some parkland will remain undeveloped for a variety of reasons, including environmental, regulatory, and aesthetics. POLICY 3.4: By 2015 24�2, the Recreation Department shall update the North County Regional Park and the South County Regional Park Master Plans. OBJECTIVE 4: Access to Parklands and Recreation Facilities Throughout the time horizon of the plan, al l new parks and recreational facilities will be located near population centers and will be handicap accessible. POLICY 4.1: The county shall continue to design all new parks and recreational facilities to provide barrier -free access. POLICY 4.2: The county shall locate new park facilities in close proximity to the population to be served based upon service radius for different park types. POLICY 4.3: The county shall provide vehicular, pedestrian, and bicycle access consistent with the Bikeway/Sidewalk Development Plan to all county owned parks in conjunction with park development. OBJECTIVE 5: Access to Natural Resources Through the time horizon of the plan, the current 57 access points to the county's major water resources, including the Atlantic Ocean, Indian River Lagoon, St, Sebastian River, and freshwater lakes, will be maintained. Community Development Department Indian River County 48 10 ORDINANCE NO. 2012- 040 Comprehensive Plan Recreation and Open Saace Element POLICY 5.1: The county shall use beachfront and riverfront lands that have been acquired through the county's Environmental Lands Acquisition Program for public access to the county's major natural water resources. POLICY 5.2 : The county hereby designates the Indian River Lagoon, the St. Sebastian River, and associated coastal resources as a greenway (a.k.a. "blueway") and waterway trail system. Consistent with Policy 8.1 of the Coastal Management Element, Indian River County will participate in the Indian River Lagoon `Blueway" Florida Forever (f.k.a. "Conservation and Recreation Lands") project to acquire and provide passive recreational access to coastal resources bordering the Indian River Lagoon by providing local funding assistance, and by providing "in-kind" services, such as identifying environmentally -sensitive parcels. OBJECTIVE 6: Recreation Pro¢rams Through the time horizon of the plan, at least 142 recreation programs per year will be provided. POLICY 6.1: The county shall provide supervised recreation activities at all appropriate park sites. POLICY 6.2: The county may allow private leisure and recreation groups to use park areas for recreation programs and activities provided that the following conditions are met: ➢ The area of the park to be used must not currently be in use by the general public or designated for future use on the park master plan; ➢ A lease specifying duration of use, characteristics of use, insurance requirements, and other applicable conditions must be executed by the Board of County Commissioners; ➢ A site plan or temporary use permit must be approved by the planning department; ➢ Any improvements made to the leased site must be done and paid for by the lessee with the improvements conveying to the county when the lease expires. POLICY 6.3: By 2014 2,944, the Recreation Department shall conduct a survey to determine the demand for existing recreational programs and to prioritize demand for new programs. POLICY 6.4: The Recreation Department shall annually identify CORE recreation programs, and services as part of its annual budget request. POLICY 6.5: By 2015 281-8, the Recreation Department shall establish an automated recreational program system which allows users to reserve park facilities or to sign up for recreation programs online. Community Development Department Indian River County 49 11