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HomeMy WebLinkAbout1984-1044D RESOLUTION NO. 94-104 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ASSURING THE GOVERNOR AND CABINET OF THE STATE OF FLORIDA AND ® THE DEPARTMENT OF COMMUNITY AFFAIRS OF INDIAN RIVER COUNTY'S INTENT TO CORRECT THE IMPLEMENTATION DEFICIENCIES STATED IN THE HUTCHINSON ISLAND RESOURCE ` PLANNING AND MANAGEMENT COMMITTEE REPORT RELATING TO ENVIRONMENTALLY SENSITIVE RESOURCES, POTABLE WATER AND WASTEWATER TREATMENT, CAPITAL IMPROVEMENIS •• PROGRAMMING AND TRANSPORTATION. WHEREAS, on October 8, 1982, Governor Bob Graham, as Chief Planning Officer of the State of Florida, and in recognition of the unique characteristics of Hutchinson Island and the growth pattern prevalent along the Treasure Coast, appointed the Hutchinson Island Resource Planning and Management Committee, pursuant to Florida Statutes 5380.45, and WHEREAS, the objectives of the Committee were toprg anize a voluntary, cooperative resource planning and management program L to resolve existing and to prevent future problems, and WHEREAS, the study area was expanded to include Indian River County because Secretary Haggen felt the presence of a third county would assist in resolving deficiences between Martin and St. Lucie Counties, and that; "It was felt that Indian River County's success in dealing with Barrier Island development issues would be a valuable asset to the Committee." WHEREAS, the Committee developed the Hutchinson Island Resource Management Plan and adopted the Plan on October 6, 1983, and WHEREAS, Indian River County adopted Resolution No. 83-116, a copy of which is attached hereto. indieatinrr ita willingness to comply with the recommendations in the Plan, and the Administration Commission, on November 29, 1983, adopted a Motion acknowledging Indian River County's efforts; "Move that the Governor and Cabinet sitting as the Administration Commission acknowledged the Resolution adopted by Indian River County Commission and the voluntary compliance and cooperation of local governments in implementing applicable portions of the Plan. (Note:Res.#83-116 is on file in the Clerk's Office) -1- 40 40 ®® r Further , the Governor and Cabinet concur that no development restrictions beyond those currently existing in the approved local Comprehensive Plans are imposed by virtue of the voluntary compliance by Indian River County with the Hutchinson Island Resource Planning and Management Plan." WHEREAS, on September 25, 1984, in recognition of the importance of the Island's transportation system, and in an effort to adopt appropriate Comprehensive Plan amendments and zoning regulations, assuring the efficient use of the transportation system, the County initiated a study to analyze existing land uses, transportation conditions and hurricane evacuation conditions, and WHEREAS, it is the intent of the Board of County Commissioners of Indian River County, by this Resolution, to publicly state and document its assurance to the Governor and Cabinet of the State of Florida and the Department of Community Affairs that the County intends to correct the implementation deficiencies, as set forth in the Memorandum, dated December 7, 1984, from John M. DeGrove, regarding Hutchinson Island. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Indian River County intends to correct the implementation deficiencies relating to environmentally sensitive resources, potable water and wastewater treatment, capital improvements programming, and transportation, as outlined in the Hutchinson Island Resource Planning and Management Plan by the adoption of appropriate ordinances by June 1, 1985, which; (a) require dune restoration as a component of beach renourishment , (b) incorporate sea turtle protection requirements for site and building plans, (c) adopt stormwater criteria for outstanding Florida waters, (d) encourage potable water and sanitary sewer hook ups and establish standards which will include package sewer treatment plant effluent limitations of 15 mg/l B.O.D. and 15 mg/1 T.S.S. on an annual average basis, CPC 40 i •6 (e) provide improved permitting and inspection process for wastewater management to assure estuarine and potable water systems are protected from pollution and require increased monitoring frequency and the provision of flow measuring devices. (f) The Department of Community Affairs has previously approved Indian River County's Transportation Study and Capital Improvement Analysis for the Barrier Island. The Study includes an analysis of the transportation system on the Barrier Island together with an analysis of what improvements will be necessary for the transportation system to insure that future growth will not cause the system to exceeA Level of Service C for annual and Level of Service D for peak season. The County will implement the recommendations from the study when they become available, prior to the adoption of the Transportation Impact Study, a copy of the conclusions and recommendations shall be submitted for review and comment to the Department of Community Affairs and other units of local government in the planning area. (g) The County will coordinate and adopt a Comprehensive Plan and Land Use Regulation with other units of government to assure uniform and coordinated policy. 2. Indian River County respectfully requests the Governor and Cabinet to instruct the Department of Community Affairs to delete Indian River County from the recommendation to designate Hutchinson and North Hutchinson Islands an area of critical State concern because of the County's voluntary and cooperative compliance with this planning effort. 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 Aye -3- Qb The Chairman thereupon declared Resclution Pio. 84-104 duly passed and adopted this 12th day of December , 1984. HOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By O Don C. Seur ock�, Chairman 0, Atte-3t ° Z `�'`• �r �iL ;r6.4it, WrightV Clerk APPROVEIi''AP IrO' FORM AND LEGAL SUFFICIENCY: -`- B y UFFICIENCY: `By rySrand nb-i g, ou y Attorney -4- RESOLUTION NO. 83-•116 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA SETTING FORTH THE COUNTY'S POSITION ON THE HUTCHINSON ISLAND RESOURCE MANAGEMENT PLAN. ® WHEREAS, in the initial request from the Treasure Coast Regional Planning Council to create a resource planning and management committee for Hutchinson Island, the proposed study area was limited to Martin County and St. Lucie County; and !WHEREAS, among the reasons for expanding the study �� area as set forth in Secretary Heggen's memorandum to Governor Graham dated November 22, 1982 was that the presence of a third county would assist in reconciling diffe..ences between Martin County and St. Lucie County and that: ...it was felt that Indian River County's success in dealing with Barrier Island development issues would be a valuable asset to the committee. and WHEREAS, representatives of Indian River County and landowners were also told that the Hutchinson Island study area was expanded to include Indian River County so that the local comprehensive plans and land development restrictions existing within Indian River County would serve as a model of barrier island development for other local government jurisdictions within the Hutchinson Island study area; and WHEREAS, the Hutchinson Island Resource Management Plan (the "Plan") was adopted by the Hutchinson Island Resource Planning and Management Committee (the "Committee") on October 6, 1983; and WHEREAS, the transportation portion of the Plan recommends that each unit of local government complete a "trans- portation impact study" and recommends development restrictions on those local governments in which the estimated off island average daily trips generated by existing and approved development exceeds the level of service "C" and "D" as calculated by the State Department of Transportation; and WHEREAS, the Plan provides that such development restrictions should remain until the transportation impact. study -1- 40 • •0 is approvad by the Department of Community Affairs; and WHEREAS, based upon the calculations contained in the Plan the off island daily trips generated by the existing and approved development within Indian River County does not exceed a "C" or "D" level of service; and WHEREAS, the Board of County Commissioners of Indian River County while recognizing the value of performing the trans- portation impact study as contemplated in the Plan is uncertain as to the impact of the Plan's recommendations on the transportation portion of the Indian River County Comprehensive Plan and the County's growth management objectives; and WHEREAS, the local transportation study as contem- plated in the Plan provides a concentrated focus on the build -out of the approved local comprehensive plans in Indian River County and an identification of mechanisms and funding vehicles so that the principal transportation system can be expanded to accommodate the contemplated levels of local use density and character within the goal of traffic patterns not exceeding "C" and "D" levels of service; and WHEREAS, the impact of the conclusions and recommenda- tions in the transportation portion of the Plan on the approval of future development by local governments in Indian River County in conformity with the approved local comprehensive plans is uncer- tain; and WHEREAS, the other portions of the Plan provide recommendations with respect to other important aspects of the Barrier Island's development and the preservation of important resources; and WHEREAS, Section 380.045, Florida Statutes, provides that the statutory objective of a resource planning and management committee is to organize a voluntary and cooperative program to resolve existing and prevent future problems within a study area; and WHEREAS, it is the intent of the Board of County Commissioners of Indian River County by this resolution to publicly state and document its interpretation of the effects of -2- •e the Plan on Indian River County and to establish its voluntary and cooperative actions in support of the recommendations contained in the Plan as such recommendations relate to Indian River County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Indian River County hereby voluntarily complies with the recommendations of the transportation portion of the Hutchinson Island Resource Management Plan by authorizing a traffic impact study to commence as soon as possible. 2. Indian River County shall examine all other recommendations contained in the Plan; and where such recommenda- tions will enhance the growth management policies in the Indian River County Plan, the Board shall adopt such recommendations. 3. The Board hereby interprets the transportation portion of the Plan as not recommending any development restrictions in Indian River County beyond those currently existing in the approved local comprehensive plans while such transportation impact study is being prepared. 4. Upon the completion of the transportation impact study, the Board shall review the study's conclusions and shall incorporate such changes as the Board deems appropriate in its local comprehensive plan to preserve the goal of maintaining an efficient transportation system and shall adopt such mechanisms and funding vehicles as necessary to improve that portion of the transportation system under its jurisdiction. 5. The Department of Community Affairs and the Cabinet are hereby requested to acknowledge the success of the local comprehensive plans approved by the local governments in Indian River County to deal with Barrier Island development and to acknowledge the voluntary compliance and cooperation of local governments in Indian River County in implementing those portions of the recommendations in the Plan applicable to Barrier Island development in Indian River County. 6. The Clerk of the Board of County Commissioners is hereby requested to furnish a certified copy of this resolution the Secretary to the Department of Community Affairs and to the -3- ab Governor of the State of Florida and to each member of the State Cabinet. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice -Chairman Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 21st day o' November , 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN /RIVER COUNTY,, FLORIDA By—C�ll�c RICHARD N. BIRD Chairman Attest:, §'R.EDA WRIGHT �� 1erk APPROVED AS TO FORM AND LEG FF. .E By BRANDENBURG n y Attorney -4-