HomeMy WebLinkAbout2010-047RESOLUTION NO. 2010- 047
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, APPROVING THE TRANSMITTAL OF PROPOSED AMENDMENTS TO
THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE INDIAN RIVER COUNTY
COMPREHENSIVE PLAN TO THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS.
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
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 announced at the transmittal public hearing its
intention to hold and advertise a final public hearing at the adoption stage of the plan amendment
process.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA THAT:
1. The above recitals are ratified in their entirety.
2. The following proposed amendments are approved for transmittal to the State of Florida
Department of Community Affairs:
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RESOLUTION NO. 2010- 047
AMEND THE TEXT OF THE COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT
BY REVISING POLICIES 1.22 AND 1.36 (ATTACHMENT "A").
3. The county does request that the Florida Department of Community Affairs review this
comprehensive plan text amendment.
The forgoing Resolution was offered by Commissioner Wheel er and seconded by
Commissioner F1 escher and upon being put to a vote, the vote was as follows:
Peter D. O'Bryan, Chairman Aye
Bob Solari, Vice Chairman Aye
Wesley S. Davis, Commissioner Aye
Joseph E. Flescher, Commissioner Aye
Gary C. Wheeler, Commissioner Aye
The Chairman thereupon declared the resolution duly passed and adopted at a public hearing held
this 8th day of June 2010.
ATTEST:
Jeffrey K. Barton, Clerk
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RESOLUTION NO. 2010- 047
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
for Alan S. PoI."iwich, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AICP
Community Development Di ector
P:\Community Development\Comprehensive Plan Text Amendments\Corrigan et al's CPTA- Jan. 20101Corrigan CPTA transmittal resolution public
hearing June 8 2010.doc
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RESOLUTION NO. 2010- 047
Attachment "A"
PROPOSED REVISIONS
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.
• 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.
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RESOLUTION NO. 2010- 047
• 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.g ±776 acres of C/I designated property located at the northeast
corner north of SR 60 and 102" Avenue west of 98`h Avenue to research/technology/ industrial uses only. Those uses
include ati a research/technology/industrial park, light manufacturing and assembly, and distribution centers, and
accessory commercial uses. This policy shall be implemented through PD zoning and/or planned development
requirements. For that portion of the 776 acre property that is west of 102"d Avenue, the Floor Area Ratio shall be
limited to .3.
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