Loading...
HomeMy WebLinkAbout1984-1014b e• RESOLUTION NO. 84-101 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE SUSPENSION OF DEVELOPMENT APPROVAL REVIEWS UNTIL SUCH TIME AS THE COUNTY CONSIDERS AN INTERIM MORATORIUM TO ENABLE THE FULL EVALUATION OF THE EFFECTS OF SUCH DEVELOPMENT ON THE FRAGILE ENVIRONMENT OF ORCHID ISLAND. WHEREAS, Orchid Island in the unincorporated areas of Indian River County harbors a highly dynamic and ecologically sensitive coastal ecosystem, which is of substantial economic and ecological importance to the Treasure Coast Region and the State of Florida, and WHEREAS, the Atlantic beaches and dunes on Orchid Island represent one of the few remaining naturally functioning beach -front systems in the southeast Florida region, and WHEREAS, Orchid Island in the unincorporated area of Indian River County harbors some of the most biologically productive and expansive wetlands in the southeast Florida region, and WHEREAS, portions of the waters of the Indian River bordering the western boundaries of Orchid Island in the unincorporated areas of Indian River County have been recognized by the State of Florida as: (a) An "Aquatic Preserve" harboring exceptional areas of submerged lands and associated waters which should be set aside and maintained in their natural or existing condition for the benefit of future generations; (b) "Class II Florida Waters" signifying their present and future most beneficial use is to provide for the harvesting of shellfish; and (c) "Outstanding Florida Waters" affording the highest State protection, and WHEREAS, the unincorporated area of Orchid Island in Indian River County is presently served by limited public water and sewage facilities, and WHEREAS, the unincorporated area of Orchid Island in Indian River County is served by three bridges, two in the City of Vero Beach and one at Wabasso, and WHEREAS, the existing plus approved development in the ® unincorporated area of Orchid Island in Indian River County will place the existing transportation facilities at, and in some instances, above capacity, creating serious health and safety problems including traffic congestion and evacrstion concerns in case of hurricane, possible degradation to waters of the Indian River, the beach -front systems, and the wetlands of Orchid Island, and WHEREAS, on October 8, 1982, Governor Bob Graham, as Chief Planning Officer of the State of Florida and in recognition of the environmental and economic treasures of the area, and its serious transportation and other public facility problems, pursuant to Section 380.45, Florida Statutes, appointed the Hutchinson Island Resource Planning and Management Committee ("the Committee") for the Hutchinson Island area, based upon a recommendation received from the Treasure Coast Regional Planning Council, and WHEREAS, the objectives of the Committee were to organize a voluntary, cooperative resources planning and management program to resolve existing, and prevent future problems which may endanger the area's resources, and WHEREAS, the Committee developed the Hutchinson Island Resource Management Plan and formally adopted the Plan on October 6, 1983, which recognized the environmental and economic treasures of Orchid Island, its existing development patterns, and the transportation, land use, and hurricane evacuation problems, and recommended specific solutions, and WHEREAS, on September 25, 1984, the Indian River County Board of County Commissioners, in recognition of these present land use, transportation, and hurricane evacuation problems in the unincorporated areas of Orchid Island in Indian River County 40 1! i® and in an effort to assure they are addressed and the appropriate Comprehensive Plan amendments and zoning regulations are adopted to correct these problems, initiated a study to analyze existing land uses, transportation conditions, and hurricane evacuation conditions, and to recommend proposed planning and zoning changes to insure correction of the health and safety problems on the Island and the implementation of recommendations of the Hutchinson Island Resources Planning and Management Committee Plan are met, and WHEREAS, the Committee readjourned on September 27, 1984, to evaluate each local government's compliance with the Management Plan and found partial compliance with the Plan in Indian River County, noting certain deficiencies particularly with respect to the transportation system, and WHEREAS, the Florida Department of Community Affairs indicates that to fully comply with the Hutchinson Island Resource Management Plan, the County will conduct a full transportation and public improvements study, to be approved by the Department of Community Affairs and fully implemented by the County, and that in the interim: (a) Where minimum traffic standards are already exceeded on the principal transportation system (as defined in the Plan), which would be impacted by development, the following development restrictions shall apply: Until such local government receives approval of its local transportation plan from the Department of Community Affairs, no additional residential development shall be approved at a density in excess of one residential dwelling unit per buildable acre. Approval by DCA shall be limited to a determination that the plan is consistent with the Principles of the Hutchinson Island Plan and is technically sound. DCA shall make an approval or disapproval determination within 30 -days receipt of the plan. (b) In any unit of local government where excess capacity exists on the principal transportation system no additional development shall be approved until the effected local goverments have submitted a plan to DCA for allocation of the i i remaining units and until DCA has reviewed and commented upon said O plan. Affected local goverments shall submit an allocation plan with 60 -days receipt of the Hutchinson Island Resource Management Plan. DCA shall review and comment on the allocation plan within 30 days of receipt, and •• WHEREAS, the Committee and the Florida Department of Community Affairs have recommended that the procedures be initiated to designate the planning area as an area of critical State concern under Florida Statutes Section 5x80.5 et seq., unless the local governments within the planning area come into full compliance with the Plan, and WHEREAS, the Board of County Commissioners of Indian River County has instructed the County Attorney to develop and immediately begin advertising an ordinance imposing an interim moratorium to assure that the distribution, location, and intensity of future development of Orchid Island shall not cause health, safety or welfare problems by exceeding the efficient use of the principal transportation system, during this study period, and WHEREAS, the processing and review of development requests, between the time of adoption of this Resolution and the time the County Commission considers the interim moratorium ordinance, on the remaining buildable acreage in the unincorporated portions of Orchid Island, without the expansion of public facilities, including the potential need for another bridge, will cause health and safety concerns including severe traffic congestion and evacuation problems in the case of a hurricane or other emergency, and may substantially and deleteriously degrade the waters of the Indian River, the beach -front system and the wetlands of Orchid Island and frustrate the purpose and intent of the Hutchinson Island Resource Planning and Management Committee and the proposed interim moratorium, and WHEREAS, the County wo:ild be remiss in its duty to protect the health and safety of the present and future reside„Ls of Indian River County if it were to take action on such 1�1 development approvals without full knowledge of the effects of such development on Orchid Island, particulary with respect to the Orchid Island transportation network which is now under study. NOW, 'THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The foregoing recitals are adopted in full. 2. The County will not review request for development approvals falling within the provisions of Sections 4 and 6 of the attached draft interim moratorium ordinance from the date of adoption of this Resolution until the attached draft interim moratorium ordinance is finally rejected by the County Commission at a public hearing, or if adopted, the moratorium imposed duly expires by virtue of the terms of this ordinance. 3. This Resolution shall take effect immediately upon adoption by the Board of County Commissioners of Indian River County, Florida. The foregoing resolution was offered by Commissioner Bowman who moved its adoption. The motion was seconded by Commissioner Bird and, being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Patrick B. Lyons Absent Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Margaret C. Bowman y The Chairman thereupon declared the resolution duly passed and adopted this 28th day of November , 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Setfrlock, Jr , Chairman Attest: Breda Wrightj, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENj By G r d nburg, ou Attorney