HomeMy WebLinkAbout1987-0495/2/87(b4)LEGAL(BBnm)
. RESOLUTION NO. 87-49
A RESOLUTION OF TI4E BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE CHAIRMAN TO
SUBMIT COMMENTS TO COASTAL BARRIER STUDY
GROUP, NATIONAL PARIK SERVICE , UNITED
STATES DEPARTMENT OF INTERIOR, REGARDING
PROPOSED MODIFICATIONS TO THE EXISTING
COASTAL BARRIER RESOURCE SYSTEM AND
ENDORSING SAID COMMENTS.
WHEREAS, pursuant to the 1982 Coastal Barrier
Resources Act (CBRA) two Coastal Barrier Resources System
Units have been designated partially or fully within Indian
River County; and
WHEREAS, pursuant to CBRA, the Department of
Interior Is proposing to submit a report to Congress to
Include recormendations for additions or deletions to the
Coastal Barrier Resources System; and
WHEREAS, the Department of Interior's report
recommends substantial increases to the existing P-10 Unit,
which Coastal Barrier Resources Unit is within Indian River
County; and
WHEREAS, the recommended increases in the P-10
Unit would conflict with existing Indian River County plans
for low density, controlled residential development on the
North Barrier Island; and
WHEREAS, Indian River County has recently embarked
upon a program to ensure that low density, controlled
residential growth on the North Barrier Island would meet
the County's environmental protection objectives, and said
program has included adoption of a tree protection ordinance
which also protects mangroves and dunes; adoption of
stringent stormwater criteria for systems discharging to
outstanding Florida waters; preparation for adoption of a
natural vegetation protection ordinance for the North
Barrier Island; and initiation of utility infrastructure
planning for the North Barrier Island; and
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RESOLUTION NO, 87-49
WHEREAS, in addition, the proposed increases to
the P-10 Unit could have substantial adverse impacts on the
extensive agricultural use in the area, including adverse
impacts on world famous Orchid Island citrus;
NOW, THEREFORE, the Board of County Commissioners
of Indian River County, Florida hereby resolves that the
Chairman of the Board of County Commissioners of Indian
• • River County is authorized to submit to Mr. Frank B.
McGilvrey, Coastal Barriers Coordinator, the attached letter
which contains the concerns and comments of, and which is
hereby fully endorsed by, the Board of County Commissioners
of Indian River County.
The foregoing resolution was offered by
Commissioner Eggert and seconded by Commissioner Wheeler,
and, being put to a vote, the vote was as follows:
Chairman Don C. Scurlock, Jr. aye
Vice Chairman Margaret C. Bowman nay
Commissioner Richard N. Bird aye
Commissioner Carolyn K. Eggert aye
Commissioner Gary C. Wheeler aye
The Chairman thereupon declared the resolution
duly passed and adopted this 2nd day of June, 1987.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BycG oA r.
Chairman
ATTEST:
Oa� r g� -
Clerk of Court '
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
)�
Bruce 6arkeit----------------
Assistant County Attorney
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.BOARD OF COUNTY Y COMMISSIONERS
1890 25th Street, Vero (leach, Florida 32960
TeleWwM: (305) 567-M
June 2, 1987
Mr. Frank B. McGilvrey, Coastal
Barriers Coordinator
Coastal Barriers Study Group
National Park Service
U.S. Department of the Interior
P.O. Box 37127
Washington, D.C. 20013-7127
Dear Mr. McGilvrey:
SunCom Telephone: 424-1011
Please be advised that the Board of County Commissioners of
X11dian River County, Florida wishes to comment on the Department
of Interior's proposed modifications to the existing Coastal
Barriers Resource System. The primary concern of the Commission
is Unit P-10, located on the barrier island in north Indian
River County, For the reasons listed below, it is the Com-
mission's feeling that the cNisting P-10 Unit was incorrectly
designated as an undeveloped coastal barrier and that the
Proposed vdditionw to P-10 are inappropriate and inconsistent
With the intent of the Act.
When designated in 1982, the existing P-10 Unit comprised a 1.7
mile long portion of the barrier island. The northern point of
the existing P-10 Unit is located approximately two miles south
Of tile Sebastian Inlet. The Department of the Interior in
Report To Congress: Coastal Harrier Resources System, Volume 14,
Florida (East Coast), describea this unit as follows, "The only
apparent alteration of the habitat other than the highwa
that: of mosquito control ditches throughout the southy is
ern half is
the mangrove swamp".of
That statement, however, is not an accurate description of the
existing P-10 Unit now nor its condition in 1982. More than
half of the existing P-10 Unit consists of an 84 unit subdivi-
sion of river to ocean 'lots which was platted in 1924. In 1983,
there were 28 dwelling units on these lots within the area
designated as Unit p-10. Since 1983, at least eight more houses
have been constructed or are presently being constructed on lots
in this subdivision within P-10. Not only did the 1983 develop-
ment pattern conflict with the Department of Interior'sdescrip-
tion of the P-10 Unitt but when applying the Department's 1 unit
per 5 upland acres, completed infrastructure, or one quarter
mile of undeveloped shoreline criteria to determine whether the
area is considered developed, the P-10 Unit would be considered
developed. Therefore, it is the County's position that the
existing P-10 Unit was incorrectly designated and should now be
deleted from the CBRS.
Regarding the proposed additions to the P-10 Unit, please be
advised that the Board of County Commissioners feels that the
new areas proposed for
part of the CBRS. inclusion should not be designated as
Although most of the area proposed to be
added to the P-10 Unit is not characterized by urban develop-
ment, much of it is developed as agriculture and is presently
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supporting citrus groves. Other areas proposed for addition to
P-10, particularly those areas south of C.R. 510, are charac-
terized by urban development, much of which has occu_red in the
last three years.
Indian River County has an adopted land use plan which provides
for low density residential development of the north barrier
island, including the area proposed to be added to P-10. To
accommodate the planned land use for this area, the County has
programmed improvements for this part of the barrier island. In
addition, the County has enacted and is developing specific
environmental safeguards to protect sensitive natural resources
in this area.
For the following reasons, the Board of County Colmnissioners
feels that the areas proposed for addition to the P-10 Unit be
removed from consideration:
°Extensive recent development in the area between C.R. 510
and the proposed southern limits of P--10, including:
°320 room hotel under'construction
9720 unit condominium project 202 complete
1221 unit condominium project 10t complete; proposed
second phase of additional 221 units
068 unit subdivision on Pine Island with
infrastructure complete
'several other developments under construction
*central water system in place developed with private
capital
®central wastewater -system developed with private
capital serving 1,000 existing or planned units
*Extensive agricultural development and two recently
approved subdivisions in the area proposed to be added
north of 510.
°Adopted land use plan proposing low density residential
development
*Recent (March, 1987) resetting by the state of the
County's Coastal Construction Control Line (CCCL); line
was relocated substantially landward.
°County & state acquisition of several beachfront parcels
(comprising more than 4,000 linear feet) in proposed
P-10 Unit for recreation purposes.
°County adoption of tree protection and dune protection
ordinances.
*County plans for now mainland - island bridge and for
extension of existing central water system to barrier
island north of C.R. 510; traffic impact fees for new
bridge currently being collected.
°Native vegetation protection ordinance for north barrier
island in draft form.
The County has several specific concerns regarding any expansion
of the P-10 unit. First, the County is concerned that the
prohibition of providing federal funds or federal assistance to
areas in the CBRS would adversely affect the extensive agricul-
tural use in the area. Second, the County is concerned that the
long-range planning and infrastructure programming for the north
barrier island will be adversely affected by the unavailability
of flood insurance for the area. Third, the County is concerned
that the proposed additions to P-10 are not consistent with the
three major purposes of the Act, and that the existing P-10 and
the proposed additions to it are part of a developed barrier
island as defined by the criteria established by the Department
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Of Interior. Finally, the County is concerned that extending
the P-10 Unit will have the opposite effect from that intended,
Putting increased pressure on the existing agricultural land to
be converted to urban development.
In conclusion, the Board of County Commissioners of Indian River
County, Florida would strongly'recommend that the existing P--10
unit be deleted from the CDRS and that the proposed additions to
V-10 be withdrawn. If any gi.jestions arise regarding this
matter, please do not hesitate to contact Bob Keating, Planning
Director. for. Indian River County.
Sincerely,
Don C. Scurlock, Jr. VChairman
Indian River County Board of Commissioners
/rj
ccs Senator Lawton Chiles
Representative Bill Nelson
Secretary of the Interior Donald Hodel
Florida Department of Community Affairs
Governor Bob Martinez
Representative Tom Lewis
Representative Dale Patchett