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Home My WebLink About2011-005ORDINANCE NO. 2011.005 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT POLICY 1.16 TO ALLOW UP TO 25% RECREATIONAL VEHICLE USE IN THE MOBILE HOME RENTAL PARK LAND USE CATEGORY FOR PARKS LESS THAN 20 ACRES IN SIZE; 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 January 2011 amendment submittal window; and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on February 24, 2011, after due public notice; and WHEREAS, the Local Planning Agency voted 6 to 0 to reconnnend 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 March 22, 2011, after advertising pursuant to F.S. 163.3184(15)(b)(1), and WHEREAS, the Board of County Commissioners approved the transmittal of this 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 an advertised 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 March 29, 2011, pursuant to F.S.163,34 84(4); and WHEREAS, the County received the Florida Department of Community Affairs Objections, Recommendations, and Comments (ORC) report on May 16, 2011; and WHEREAS, the Florida Department of Community Affairs had no objections to this amendment; and WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption Public Hearing on June 14, 2011, after advertising pursuant to F.S. 163.3184(15)(b). 1 ORDINANCE NO. 2011- 005 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 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 POLICY 1.16 TO ALLOW UP TO 25% RECREATIONAL VEHICLE USE IN THE MOBILE HOME RENTAL PARK LAND USE CATEGORY FOR PARKS LESS THAN 20 ACRES IN SIZE (APPENDIX A). SECTION 3. Reueal of Conflictine 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 Conmissioners 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-Joumal on the 30th day of May, 2011, for a public hearing to be held on the 14`x' day of June 2011, at which time it was moved for adoption by Commissioner O' Bryan seconded by Commissioner Solari and adopted by the following vote: ORDINANCE NO. 2011 _005_ Bob Solari, Chairman Aye Gary C. Wheeler, Vice Chairman Absent Wesley S. Davis, Commissioner Aye Joseph E. Flescher, Commissioner Nay Peter D. O'Bryan, Commissioner Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: 2-011 tZ=� Bob Solari, Chairman ATTEST BY:(2u��b •G e Frey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: n ti / 2 2 / 2 n j j APPROVED AS TO FORMA E SUFFICIENCY lan S. Polackwich, oun y A Corney APPROVED AS TO PLANNING MATTERS i Obert M. Keating, A CP; ommunit evelopment Director FACommunity Development\Comprehensive Plan Text Amendments\January 201 1- RVs in MHRI'sMIRP\Adoption Ordinance 614201 I .doc ORDINANCE NO. 2011- 005 Appendix A Policy 1.16: Development in a Mobile Home Rental Park Land Use designation shall be limited to the following: Mobile Home Residential Uses • up to 8 units/acre Recreational Vehicle Uses (up to 25% of allowed units, within parks of less than 20 acres • up to 8 units/acre Recreation Uses • up to 0.35 FAR Public Facilities • up to 0.35 FAR Institutional Uses up to 0.35 FAR Words in P*rikefliFu are deletions; words underlined are additions. 0