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Home My WebLink About2010-009ORDINANCE NO. 2010- 009 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REPEALING SECTION 902.06, HISTORIC RESOURCES ADVISORY COMMITTEE; AMENDING SECTIONS 911.18(3)(c)3., 911.18(9)(d)(2)c AND 911.18(9)(k)(4) WABASSO ONGOING REVIEW TASK FORCE; AMENDING SECTIONS 911.19(3)(a)6. AND 911.19(14) S. R. 60 ONGOING REVIEW TASK FORCE; AMENDING SECTION 911.20(3)(c)2. AND 911.20(12)(k)(4) NORTH BARRIER ISLAND ONGOING REVIEW TASK FORCE; AMENDING SECTION 911.21(3)(B)3. ROSELAND CORRIDOR REGULATIONS; AMENDING SECTION 911.22(3)4 OTHER CORRIDORS SPECIAL DEVELOPMENT REGULATIONS; AMENDING SECTION 933.04. POWER AND AUTHORITY PERTAINING TO HISTORICAL AND ARCHAEOLOGICAL RESOURCE PROTECTION; AMENDING SECTION 933.11(4) INCENTIVES FOR HISTORIC PRESERVATION; BY SUNSETTING THE COMMITTEES AUTHORIZED BY SAID ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Historic Resources Advisory Committee is authorized to make recommendation to the Board of County Commissioners on historical and archeological concerns pursuant to Code of Ordinances of Indian River §902.06; and WHEREAS, the Wabasso On -Going Review Task Force members are authorized to review and comment on development project proposals within the Wabasso Corridor pursuant to the Code of Ordinances of Indian River §911.18(9)(k)(4); and WHEREAS, the S. R. 60 Ongoing Review Task Force was established to review and comment upon plans for projects within the State Road 60 Corridor Plan area pursuant to the Code of Ordinances of Indian River § 911.19(14); and WHEREAS, the North Barrier Island Ongoing Review Task Force was established to review and comment on development project proposals within the North Barrier Island Corridor pursuant to the Code of Ordinances of Indian River § 911.20(12)(k)(4); and WHEREAS, the Historic Resources Advisory Committee is tasked with identifying and making recommendations concerning historic buildings and resources within the Roseland Corridor pursuant to the Code of Ordinances of Indian River § 911.21(3)(b)3; and 1 ORDINANCE NO. 2010- 009 WHEREAS, the Historic Resources Advisory Committee is tasked with identifying and making recommendations concerning historic buildings and resources within other corridors pursuant to the Code of Ordinances of Indian River § 911.22(3)4; and WHEREAS, the County has experienced a prolonged economic downturn resulting a drastic decrease in ad valorem tax revenues; and WHEREAS, due to the decreased revenues, the Board of County Commissioners has had to make significant budget cuts and personnel reductions; and WHEREAS, there are currently 43 advisory committees organized pursuant to statute, code or resolution; and WHEREAS, a recent study discovered that each advisory committee meeting may cost as much as $1,200 in costs and expenditure of staff time; and WHEREAS, additional budget short falls are projected for fiscal year 2010 -2011; and WHEREAS, the County's economy does not foresee an improvement in the near future, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AMENDMENT. Section 902.06 of the Indian River County Code is hereby repealed to read as follows: SeGtion 902.06. Rolee of hostor' is advisory GOMmittee on plan and development. The hiStGFiG FesoUFGes advisory Gommittee shall art an an advi ;4 to the beaFd Of GOUnty GOMmissioneFs to inform and Se the i-Inard nn presented to the board Of GOunty GOrnmissioners by the hiStGFiG reseurGes PFGteGtmGIIT (2) TTe-rhiisterir resourGes adyiSOFY GoOmmittC'e:?itall reGOMFnend tothe ORDINANCE NO. 2010- 009 I, hiStGFiGaIIy designated sites and strurtur (4) The hiStGFiG reseurGe advisery Gemmottee shall advise the bear" (5) Th histeriG resournes advisory /.e mll review and make i'V�TfTe-TiT�7TVTT0—f��VAT�G7—C:Gf1TJV'�"vV��tGTi �lYi7Ti�i �T all proposed amendments mendm its 4V'and deyelfe'nTm 4Tt regulations, r.eFnprehensive plan policAes or building Godes as they apply to hosterin reseurnes OMFnittee re r�`G shall investigate, tier G h n i Ga l aes+stance—programs YYtii ��ecrve to s urrt h e F h i tor i n preser-vatmen objertoves of Indian River County. (7) The histeriG reseurGes advisory Gernmittee shall promote the publiG appfes+at+on and awareness of historFsresoUFres and theiF bene to the GGUnty. (8) The histeriG FesGurGes advisory Gonnmittev shall Gennduvt nvestigations and make reGommendations to the board of Gounty 6AR . stoners, as requested, —pertaining todisputesof undetermineddelineations arising To,. the implementat�On--o Chapter 1 the rounty, (9) The isteriG re-S8UFGes ady8SGFY GOMmittee shall review and evaluate all-�ito plans, PR's and -subdivisions —wlGh are leyuted irnr -carrre�a from —the —oornmuni*developmendirertoohis desug ` planning and z i :nmission or the board Of GGURt�F (10) The histerir. esOUFGes advisory Committee shall perform any e4crhreT funGtiGn or duty assigned to the GGmrnittee by the board of reunty sioners as related to hastoriGresour-Ges!GenGerns. (Ord. No. 90-16, § 1, 9-11-90) SECTION 2. AMENDMENT. Section 911.18(3)(c)3. of the Indian River County Code is hereby amended to read as follows: Section 911.18. Wabasso Corridor regulations. ORDINANCE NO. 2010. 009 (3)(c)3. Historic Buildings and Resources: In accordance with future land use element objective 8 and LDR Chapter 933, historic buildings and resources identified in the "Historic Properties Survey of Indian River County, Florida", er identified by the--HiSt0FiG ReseuFGesAdvise and located within the Wabasso corridor are exempt from special Wabasso Corridor Plan requirements to the extent that applying the special Corridor requirements would: a. Conflict with the preservation or restoration of a historic building or resource, or b. Threaten or destroy the historical significance of an identified historic building or resource. Said exemption shall be reviewed by and be granted by the planning and zoning commission upon receiving a recommendation from staff and—the -tet^ Mosel FGes dyisery Committee SECTION 3. AMENDMENT. Section 911.18(9)(d)(2)c. of the Indian River County Code is hereby amended to read as follows: Section 911.18. Wabasso Corridor regulations. (9)(d)(2)c. Historic Buildings and Resources: In accordance with Future Land Use Element objective 8 and LDR Chapter 933, historic buildings and resources identified in the "Historic Properties Survey of Indian River County, Florida", eF ideRtified by the Hictnrin Rcnu FGe6 Advisery Gemmittec and located within the Wabasso corridor are exempt from special Wabasso Corridor Plan requirements to the extent that applying the special Corridor Plan requirements would: 1. Conflict with the preservation or restoration of a historic building or resource, or 2. Threaten or destroy the historical significance of an identified historic building or resource. Said exemption shall be reviewed by and may be granted by the Planning and Zoning Commission upon receiving a recommendation from staff and the HiGtG,,G-ResaFees °�'d Gernmetteti. SECTION 4. AMENDMENT. Section 911.18(9)(k)(4) of the Indian River County Code is hereby amended to read as follows: CorridorSection 911.18. Wabasso • ... 4 ORDINANCE NO. 2010- 009 nr+rtini ter @Rd design nrofocs ?/pTeSix (6) persons) be LneWR as the "\A/arson On Geinn Review Task_Fr FGe." Members of thr"e eR gninn review task fnrr_ Wabasse GeFrodeF. Task fGFGe Fnembers will be Retif ed by planning staff FegaFdong pre - Staff and en geing review task ferGe members will work with applicants to ensure that every effort is made to save protected trees. No protected trees shall be removed unless it is absolutely necessary to accommodate a proposed site plan. In addition, staff will encourage developers to follow the voluntary architectural guidelines found in the Wabasso Corridor Plan. SECTION 5. AMENDMENT. Section 911.19(3)(a)6. of the Indian River County Code is hereby amended to read as follows: Section 911.19. SR 60 Corridor special development regulations. 6. Historic Buildings and Resources: In accordance with future land use element objective 8 and LDR Chapter 933, historic buildings and resources identified in the "Historic Properties Survey of Indian River County, Florida," or by the HisteF*G- ReseuFGes AdviseFy Committee and located within the SR 60 corridor are exempt from special SR 60 Corridor Plan requirements to the extent that applying the special Corridor Plan requirements would: a. Conflict with the preservation or restoration of a historic building or resource; or b. Threaten or destroy the historical significance of an identified historic building or resource. Said exemption shall be reviewed by and may be granted by the planning and zoning commission upon receiving a recommendation from staff and the Histerii+ SECTION 6. AMENDMENT. Section 911.19(14) of the Indian River County Code is hereby amended to read as follows: 5 ORDINANCE NO. 2010- 009 - -- - - .. . .. . ........... .. - .17.10.1.7-12 ... .. .. . pip y. .. .. SECTION 7. AMENDMENT. Section 911.20(3)(c)2. of the Indian River County Code is hereby amended to read as follows: Section 911.20 North Barrier Island Corridor special development regulations (3)(c) Exemptions. 2. Historic buildings and resources: In accordance with future land use element objective 8 and LDR Chapter 933, historic buildings and resources identified in the "Historic Properties Survey of Indian River County, Florida", or identified by the Hictnrin R86G FGes Advisefy Gernmittee, and located within the North Barrier Island Corridor are exempt from special North Barrier Island Corridor Plan requirements to the extent that applying the special corridor requirements would: a. Conflict with the preservation or restoration of a historic building or resource, or b. Threaten or destroy the historical significance of an identified historic building or resource. Said exemption shall be reviewed by and be granted by the planning and zoning commission upon receiving a recommendation from staff arm -the SECTION 8. AMENDMENT. Section 911.20(12)(k)(4) of the Indian River County Code is hereby amended to read as follows: I .i ORDINANCE NO. 2010- 009 Section 911.20 North Barrier Island Corridor special development regulations kRE)WR as the "Nerth Barrier island O. MembeFs of the OR- - NeFth BaKier Island C;eFr*dE)F. Task fGFGe mernbeFs will be Retified by .. staff Fegapding pre appliGatiOR_ rneetiRgG .. ... .. - every effeFt is made to save PFeteGted tFees. No protected trees shall be removed unless it is absolutely necessary to accommodate a proposed site plan. SECTION 9. AMENDMENT. Section 911.21(3)(b)3 of the Indian River County Code is hereby amended to read as follows: Section 911.21. Roseland Corridor regulations. (3) (b) Exemptions. 3. Historic Buildings and Resources: In accordance with future land use element objective 8 and LDR Chapter 933, historic buildings and resources identified in the "Historic Properties Survey of Indian River County, Florida" er-- identified --by the Hi6tGFiG Reseurses Advisery Ge+ttee and located within the Roseland corridor are exempt from the special Roseland Corridor Plan requirements to the extent that applying the special Corridor requirements would: a. Conflict with the preservation or restoration of a historic building or resource, or b. Threaten or destroy the historical significance of an identified historic building or resource. Said exemption shall be reviewed by and be granted by the planning and zoning commission upon receipt of a recommendation from staff and the ui to Fin Rene F% Adyicnry Gemmifoo SECTION 10. AMENDMENT Section 911.22(3)4. of the Indian River County Code is hereby amended to read as follows: Section 911.22. Other corridors special development regulations. 7 ORDINANCE NO. 2010- 009 (3)4. Historic buildings and resources: In accordance with future land use element objective 8 and LDR Chapter 933, historic buildings and resources identified in the "Historic Properties Survey of Indian River County, Florida," , and located within the corridor are exempt from special corridor requirements to the extent that applying the special corridor requirements would: a. Conflict with the preservation or restoration of a historic building or resource; or b. Threaten or destroy the historical significance of an identified historic building or resource. Said exemption shall be reviewed by and may be granted by the planning and zoning commission upon receiving a recommendation from staff and the hostnri;es adyicnry rnmmittee e. SECTION 11. AMENDMENT. Section 933.04 of the Indian River County Code is hereby amended to read as follows: Section 933.04. Power and authority. The power and authority of the board of county commissioners hiSter+e—resewrtes shall be in accordance with Chapter 902, Administrative Mechanisms, and shall be described in detail in that chapter. (Ord. No. 90-16, § 1, 9-11-90) SECTION 12. AMENDMENT. Section 933.11(4) of the Indian River County Code is hereby amended to read as follows: Section 933.11. Incentives for historic preservation. (4) Public acquisitions. The hictnrin rese urrec advicnrY nnmmittee Staff or interested members of the public shall recommend which locally "designated" sites, if any, are suitable for public acquisition, identify funding sources and forward public acquisition recommendations to the board of county commissioners for action. SECTION 13. CONFLICTS The application of any Indian River County ordinance in conflict herewith is hereby suspended during the time period set forth in Section 1 to the extent of such conflict. SECTION 14. SEVERABILITY. n ORDINANCE NO. 2010- 009 If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 15. EFFECTIVE DATE This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Press Journal on the 21St day of April, 2010, for a public hearing on the 4t" day of May, 2010, at which time it was moved for adoption by Commissioner Solari , and seconded by Commissioner Davis , and adopted by the following vote: Chairman Peter D. O'Bryan Aye Vice Chairman Bob Solari Aye Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Nay Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the ordinance duly passed and adopted this 4th day of May .2010. Attest: J. K. Barton, Clerk By QQ Deputy Clerk Approved as to formd I Suffi iency %illiam K. Uellraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA by its pard of County Commissioners I By _ Peter D. O'Bryan, Ch irman 9