HomeMy WebLinkAbout2016-003ORDINANCE NO. 2016- 003
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT
OF POLICY 5.7 OF THE POTABLE WATER SUB -ELEMENT AND POLICY 5.8 OF THE
SANITARY SEWER 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 October
2015 amendment submittal window; and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment
request on December 10, 2015, after due public notice; and
WHEREAS, the Local Planning Agency made a recommendation to the Board of County
Commissioners; and
WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public
Hearing on January 19, 2016 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 of Indian River County held a Comprehensive Plan
Amendment Adoption Public Hearing on April 5, 2016, after due public notice.
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 the adopted
amendment to State and Regional review agencies.
ORDINANCE NO. 2016- 003
SECTION 2. Amendment to the Comprehensive Plan
REVISIONS TO THE TEXT OF POLICY 5.7 OF THE POTABLE WATER SUB -
ELEMENT AND POLICY 5.8 OF THE SANITARY SEWER SUB -ELEMENT OF THE
COUNTY'S COMPREHENSIVE PLAN AS SHOWN IN THE 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. 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 21" day of March 2016, for a
public hearing to be held on the 5`" day of April 2016, at which time it was moved for adoption
by Commissioner Flescher seconded by Commissioner
and adopted by the following vote:
Bob Solari, Chairman NAY
Joseph E. Flescher, Vice Chairman AVE
Wesley S. Davis, Commissioner AYE
Tim Zorc, Commissioner AVE
Peter D. O' Bryan, Commissioner NAY
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
Bob Solari, Solari, Chairman
2
ORDINANCE NO. 2016- 003
ATTEST BY:
'Ra,: Jeffrey R.th, erk of C urt Comptroller
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
by an Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AI P• Community Development Director
F:\Community Development\Comprehensive Plan Text Amendments\October 2015, PW policy 5.7 and SS policy 5.8\Resoultion &
Ordinances\Ordinance Comp Plan Text Amendment Adoption 2016.doc
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Appendix A
Potable Water Sub -Element Policy 5.7
POLICY 5.7: Consistent with the policies of the Future Land Use Element of this plan,
centralized water service shall be limited to the following areas:
Areas within the Urban Service Area;
Areas where the county has legal commitments to provide facilities and services as of
the date of adoption of this plan;
Areas outside the Urban Service Area where at least a portion of the site is contiguous
to an Urban Service Area boundary as depicted on the Official Future Land Use Map
or, where located no more than 500 feet from an existing centralized potable water
main distribution line that is part of a looped system, or where an approved place of
worship or camp_ /retreat use existed on January 1, 2016 and is approved for water
and/or sewer service by Utility Services in conjunction with a utility
construction/connection permit filed with Utility Services on or before June 30, 2016.
These areas are subject to the following provisions:
O The maximum density of such land shall be as shown on the Official Future
Land Use Map, and the provision of centralized potable water service shall not
be justification for an increase in maximum density;
O Any and all costs associated with connecting a property to the potable water
system and providing for adequate fire protection, including costs associated
with survey, design, permitting, line extensions, construction, restoration,
inspections, and certifications, shall be borne by the owner of the property.
Development projects located outside of the Urban Service Area that meet the criteria
of the policies of the Future Land Use Element for:
O clustering of residential development within agricultural areas;
O clustering of residential development within privately owned upland
conservation areas;
O clustering development within mixed use districts; or
O traditional neighborhood design communities.
O public facilities such as public schools.
O agricultural businesses and industries (including biofuel plants)
Areas where, consistent with Potable Water Sub -Element Policy 2.4, the risk of
private well contamination is determined to be unacceptably high.
Bold Underline: Additions to Ordinance
Deleted Text from Existing Ordinance
FACommunity Development\Comprehensive Plan Text Amendments\October 2015, PW policy 5.7 and SS policy 5.8\POLICY 5.7 underline and strike-thru potable water sub-element-2015.doc
Appendix A
Sanitary Sewer Sub -Element Policy 5.8
POLICY 5.8: Consistent with the policies of the Future Land Use Element of this plan,
provision of centralized sanitary sewer service shall be limited to the following areas:
• Areas within the Urban Service Area;
• Areas where the county has legal commitments to provide facilities and services as of the
date of adoption of this plan;
Areas outside the Urban Service Area where at least a portion of the site is contiguous to
an Urban Service Area boundary as depicted on the Official Future Land Use Map or,
where located no more than 500 feet from an existing sanitary sewer line that is part of the
county sanitary sewer system, or where an approved place of worship or camp/retreat use
existed on January 1, 2016 and is approved for water and/or sewer service by Utility
Services in conjunction with a utility construction/connection permit filed with Utility
Services on or before June 30, 2016.
These areas are subject to the following provisions:
o The maximum density of such land shall be as shown on the Future Land Use
Map, and the provision of centralized sanitary sewer service shall not be
justification for an increase in maximum density;
o Any and all costs associated with connecting a property to the sanitary sewer
system, including costs associated with survey, design, permitting, line
extensions, construction, pumps and lift stations, restoration, inspections, and
certifications, shall be borne by the owner of the property.
• Development projects located outside of the Urban Service Area that meet the criteria of
the policies of the Future Land Use Element for:
o clustering of residential development within agricultural;
o clustering of residential development within privately owned upland
conservation areas;
o clustered development within mixed use districts;
o traditional neighborhood design communities;
o public facilities such as public schools; and
o agricultural businesses and industries (including biofuel facilities)
• Areas where, consistent with Sanitary Sewer Sub -Element Policy 2.4, the lack of
centralized sanitary sewer service is determined to be a public health threat.
Bold Underline: Additions to Ordinance
i'
Ct-m,,. a Q,•' roug i Deleted Text from Existing Ordinance
FACommunity Development\Comprehensive Plan Text Amendments\October 2015, PW policy 5.7 and SS policy 5.8\POLICY 5.8 underline and strike-thru sanitary sewer sub-element.doc