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ORDINANCE NO. 2009-()()4 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 three (3) copies of the amendment to the State of Florida Department of Community Affairs and one (l) copy to the Treasure Coast Regional Planning Council. SECTION 2. Amendment to the Comprehensive Plan AMENDING THE FUTURE LAND USE ELEMENT AND THE COASTAL MANAGEMENT ELEMENT OF THE COMPREHENSIVE PLAN BY AMENDING THE TEXT OF THE COMPREHENSIVE PLAN TO CHANGE THE DEFINITION OF TIIE COASTAL HIGH HAZARD AREA; AMENDING THE COASTAL HIGH HAZARD AREA MAP, FIGURE 9.24 OF THE COASTAL MANAGEMENT ELEMENT; AMENDING THE COASTAL HIGH HAZARD AREA MAP, FIGURE 2.29 OF THE FUTURE LAND USE ELEMENT; AND AMENDING THE FUTURE LAND USE MAP BY DEPICTING THE REVISED COASTAL HIGH HAZARD LINE. 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County Commissioners of' Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.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 the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption at a public meeting after public notice of a resolution affirming their effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. This ordinance was advertised in the Press -Journal on the 23 day of March, 2009, for a public hearing to be held on the 7d' day of April 2009, at which time it was moved for adoption by Commissioner Solari seconded by Commissioner F1Pcrhar F:%Community DevelopmentAUsors\LONG RANG:ACompPlan Amendments\2008 JulyVCHHA Ordinance.doc