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HomeMy WebLinkAbout1985-003C] 40 •• RESOLUTION NO. 85-3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 84-101, 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, the Board of County Commissioners adopted Resolution No. 84-101 on November 28, 1984, providing for the suspension of certain development approval reviews when the project in question exceeded one unit per gross buildable acre, and WHEREAS, subsequent to that date, at the urging of Indian River County, the Governor and Cabinet declined to proceed with the designation of Indian River County as an area of critical State concern, and WHEREAS, the Governor and Cabinet of the State of Florida made this decision based upon Indian River County Resolutions Nos. 84-104 and 84-105, containing assurances that certain implementation deficiencies set out in the Hutchinson Island Resource Planning and Management Report would be corrected, and WHEREAS, as part of said assurances, Indian River County agreed to complete a transportation study of the barrier island traffic system and concurrently implement a coordinated land -use and transportation plan with the necessary funding to assure that development on the barrier island will not cause the roadway system to exceed safe and efficient operation standards, and WHEREAS, the Board of County Commissioners cannot forecast the outcome of the transportation study and now desires to assure that development in the interim will not jeopardize the transportation system and health and welfare of those individuals using the system. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: I. The foregoing recitals and the recitals contained in Indian River County Resolution No. 84-101, not specifically modified in this Resolution, are adopted in their entirety. -1- By a'r In. Branaenburg, ou ty Attorney -2- 2. The County hereby amends Resolution No. 84-101 by �1 substituting a suspension of the review of development approvals as set forth in the attached draft interim moratorium ordinance for ® that formally appended to Resolution No. 84-101 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 the adopted 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 Bird who moved its adoption. The motion was seconded by Commissioner Scurlock and, being put to a vote, the vote I was as follows: Chairman Patrick B. Lyons Aye Vice Chairman Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye f. Commissioner Margaret C. Bowman Aye The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of January , 1985. BOARD OF COUNTY COMMISSIONERS OF INDIA IVER COUNTY, FLORIDA By at ck B. Lyons, Chairman Attest: Freda Wright, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY.✓'-) By a'r In. Branaenburg, ou ty Attorney -2- NOTICE OF PUBLIC HEARING TO CONSIDER RDCObVENiING ADOPTION ® 01' A COUNTY ORDINA'CE NOTICE IS HEREBY GIVEN that the Indian River County Planning and to = Zoning Ccami.ssion, sitting as the local planning agency, shall hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard on February 14, 1985, in the County Cc mission Chambers located in the County Administration Building, 1840 25th e'= Street, Vero Beach, Florida at 7:30 p.m. or as soon thereafter as may be heard, to make a recarmendation concerning a land use restriction to unincorporated areas of the County on the barrier island through the adoption of an ordinance as follows: INDIAN RIVER COUNTY ORDINANCE 10. 85 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, IMPOSING A NJDRATORIUb1 ON THE REVIEW AND APPROVAL OF RESIDENTIAL DEVELOPNEn IN EXCESS OF THREE UNITS PER ACRE ON ALT, PROPERTY LOCATED IN THE UNINCORPORATED PORTION OF TifE BARRIER ISLAND IN INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR: AUTHORITY; ADOPTION OF TRANSPORTATION EM= OF H=HINSON ISLAND RESOURCE MANAGEMENT PLAN; DEFINITIONS; MORATORIUM; DURATION OF MORATORILM; DEVELOFMEN'T RESTRICTIONS FOR APPLICATIONS AFFEI TING ROADS CURRENTLY BEYOND CAPACITY; INCORPORATION IN CODE; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, Orchid Island in the unincorporated area of Indian River County harbors a highly dynamic and ecologically sensitive coastal ecosystem, which is of substantial econanic and ecological importance to the Treasure Coast region and the State of Florida, and WHEREAS, the Atlantic beaches and dunes on Orchid Island in the unincorporated area of Indian River County 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, Orchid Island in the unincorporated area of Indian River County is presently served by limited public water and sewage facilities, and WHEREAS, Orchid Island in the unincorporated area of Indian River County is served by three bridges, two in the City of Vero Beach and one at Wabasso, and one major arter;.al, AIA, and El C) •o WHEREAS, the existing plus approved development on Orchid Island will place these existing transportation facilities at, and in some instances above capacity, creating serious health and -safety problems including traffic congestion and evacuation concerns in case of hurricane, and WHEREAS, the existing plus approved development on Orchid Island has also begun creating other land use problems, possible degradation of the waters of the Indian River, the beach -front systems, and the wetlands of Orchid Island, and WHEREAS, there is a substantial amount of additional developable land renaining on Orchid Island in the unincorporated area of Indian River County, which if developed undo- the County's existing Comprehensive Plan and Zoning Ordinance will exacerbate these recognized health, safety and welfare problems, 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 Hutchinson Island area and the health and safety problems that exist there, appointed the Hutchinson Island Resource Planning and Management Committee ("the Connittee") pursuant to Section 380.045, Florida Statutes, a portion of which includes the unincorporated area of Indian River County on Orchid Island, and WHEREAS, the objectives of the Conmiittee were to organize a voluntary, cooperative resource planning and management program to resolve the land use, environmental, transportation, hurricane evacuation, and public facility problems in the area, and prevent future problems which may endanger the area's resources, and WHEREAS, the Ccnm-ittee developed the Hutchinson Island Resource Management Plan ("Management Plan") to accomplish these objectives, and formally adopted the Management Plan on October 6, 1983, and WHEREAS, the Conmittee readjourned on November 15, 1984, to evaluate each local government's ccupliance with the Management Plan and found partial compliance with the Management Plan in Indian River County, noting certain deficiencies particularly with respect to the transportation facilities, and 40 40 • of WHEREAS, the Cannittee has recammended that procedures be initiated to designate the Hutchinson Island area, including that portion of Indian River County on Orchid Island, as an area of critical State concern pursuant to Section 380.05, Florida Statutes, unless the local governments within the area, including Indian River County, cane into full compliance with the Management Plan, and WHEREAS, the Committee indicates that to comply fully with the Management Plan, Indian River County must conduct a transportation and public improvements study and make the necessary Ccxmprehensive Plan amendments and zoning changes to implement the conclusions and recarmendations of the study, so as to resolve the present health, safety and welfare problems on Orchid Isla•.3 in the unincorporated area of Indian River County, and that these efforts must be approved by the Florida Departnv--lit of Community Affairs, and WHEREAS, the Committee indicates that until the study is completed and the Comprehensive Plan amendments and zoning changes adopted, Indian River County should not approve additional,residential development at a density in excess of three residential dwelling units per buildable acre, and WHEREAS, under the Constitution and laws of the State of Florida, Indian River County has the authority to undertake planning studies to address recognized land use, transportation, hurricane evacuation, and public safety problems, and amend its Comprehensive Plan and change its zoning and land use regulations to resolve such problems, Section 163.3161 et. seq., Florida Statutes, and WHEREAS, on September 26, 1984, the Indian River County Board of County Commissioners, in recognition of these state and local concerns about the present land use, transportation, and hurricane evacuation problems on Orchid Island initiated a study to assess these problems and recommend for adoption Comprehensive Plan amendments and zoning changes to insure their resolution as well as implerentation of the recommendations of the Hutchinson Island Resource Management Pian, and WHEREAS, it is the intent of the Board of County Commissioners of Indian River County ("County Commission") to insure that no undesirable construction is established which wr)uld frustrate the goals of this C ongoing study and pending Comprehensive Plan amendments and zoning ® changes, it is the desire of the County Ccrmission to impose this interim moratorium on the development of residential property on Orchid • Island in the. unincorporated area of Indian River County, and to give notice that any development applications it has received shall be subject to these pending Comprehensive Plan amendments and zoning changes, and En NOW, TIMMRE, BE IT ORDAINED BY THE BOARD OF COUNTY CXIrWSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AUTHORITY The Board of Commissioners has authc,ity to adopt this ordinance through its general non -charter county powers pursuant to Article VIII of the Florida Constitution and Chapters 125, 163, 252.38, and 380 of the Florida Statutes, and all other applicable laws of the State of Florida. SECTION 2. ADOPTION OF TRANSPORTATION KEMENr OF MANAGEMENT PLAN For the purpose of this interim moratorium Ordinance, the Transportation section of the Hutchinson Island Resource Management Plan ("Management Plan") is hereby adopted as if fully set forth herein (see Appendix 1), including but not limited to the analysis of the principal transportation system, the assumptions upon which the study is based, and the trip generation rates set forth in the Management Plan. SECTION 3. DIXINITIONS (a) Barrier Island shall mean that portion of unincorporated Indian River County lying east of the eastern mean high-water line of the Indian River. (b) Development Approval shall mean any action of the Planning and Zoning Commission, Board of County Commissioners, Board of Adjustment, administration, committees, boards, or employees of the Board of County Canni.ssioners of Indian River County, approving, authorizing, or recom- mending in favor of any Comprehensive Plan amendment, site plan approval 40 ® or preliminary plat approval. (c) Residential Unit shall include all types of development that • provide lodging on a temporary or permanent basis including, but not limited to, single-family residential units, multi -family residential 3 units, hotels, motels, recreational vehicle parks and similar uses. swTION 4. • • INTERIM MORATORIUM Development approvals for projects on the barrier island shall not be granted or reviewed for any project where the project's density exceeds three -residential units per acre. In calculating the maximum density allowed pursuant to the Section, tie County will apply the three -units per acre criteria to the gross buildable acreage of the project site, as defined in the Management Plan. SECTION 5. DURATION OF MORATORIUM This moratorium shall remain in full force and effect until Indian River County ccnpletes its ongoing planning study of the land use, transportation and hurricane evacuation problems on the barrier island, adopts relevant Ccaprehensive Plan anrndments and zoning regulations to properly address these problems, and receives approval frau the Florida Department of Co miunity Affairs that the study and Comprehensive Plan amendments and zoning changes implement the recommendation of the Management Plan. SECTION 6. DEVELOPMERr RFMMCTION FOR PROJECT AFFDCTING ROAD CURRENMY BEYOND CAPACITY Not withstanding the foregoing, approval shall not be granted for development application during this interim moratorium, if at the time of its review, any link in the transportation network of the barrier island that is significantly impacted by traffic from the proposed project is beyond Level of Service C (average annual) or Level of Service D (peak season) considering only existing traffic. s Indian River County Planning & Zoning Commission By: -s- Carolyn K. Eggert, Chairman 4b be advertised January 24, and February 5, 1985, as a regular size legal ad. Please send proof of publication to: T. K. Kimbrough Planning Technician 1840 25th Street Vero Beach, FL 32960 DURATORIUM NOTICE PNOT SECTION 7. e INCORPOP.ATION IN CODE This Ordinance shall be incorporated into the Code of Indian River e I County and the word 'ordinance" may be changed to "section," "article," or other appropriate word and the sections of this Ordinance may be renumbered or relettered to acccoplish such purposes. SECTION 8. e SEVERABILITY If any provision of this Ordinance or the application thereof to any Jerson or circumstance is held invalid, it is the legislative intent that the invalidity shall not affect other provisions or applications of this Section which can be given in effect without the invalid provision or application, and to this end, the provisions of this Section are declared severable. SECTION 9. EFFDCME DATE Tkme provisions of this ordinance shall become effective upon receipt from the Secretary of the State of Florida of official acknowledgment that this Ordinance has been filed with the Department of State. If any person decides to appeal any decision made on the above matter, he/she will need a record of the proceedings, and for such purposes, he/she may need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. Indian River County Planning & Zoning Commission By: -s- Carolyn K. Eggert, Chairman 4b be advertised January 24, and February 5, 1985, as a regular size legal ad. Please send proof of publication to: T. K. Kimbrough Planning Technician 1840 25th Street Vero Beach, FL 32960 DURATORIUM NOTICE PNOT