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ORDINANCE NO. 2006 - 042 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE <br />TEXT OF THE COMPREHENSIVE PLAN'S CAPITAL IMPROVEMENTS <br />ELEMENT; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. <br />WHEREAS, the Board of County Commissioners adopted the Indian River <br />County:,Comprehensive Plan on February 13, 1990, and <br />WHEREAS, F.S. 163.3177(3)(b)1. allows the County, by ordinance, to make <br />corrections and modifications to its capital improvements element outside of the <br />standard twice a year amendment limitation threshold; and <br />WHEREAS, the County recently received a proportionate fair share application <br />for a portion of link 24105 (27th Avenue from 13`h Street S.W. to 17`" Street S.W.) which <br />is not included in the County's five year Capital Improvements Program; and <br />WHEREAS, the Capital Improvements Element must be revised to include the <br />referenced portion of link 24105 in the 5 year capital improvements program concurrent <br />with the approval of the proportionate fair share agreement for the referenced portion of <br />link 24105; and <br />WHEREAS, the Board of County Commissioners must determine that adding <br />that portion of the link to the County's five year Capital Improvements Program is <br />financially feasible; and <br />WHEREAS the applicant, through a developer's agreement, will pay the entire <br />cost of improvement of that portion of the link and will build the improvement; and <br />WHEREAS, the Board of County Commissioners of Indian River County <br />advertised for a Public Hearing to Consider Adopting an Ordinance Amending the <br />Capital Improvements Element of the Comprehensive Plan, to be held on December 5, <br />2006; and <br />WHEREAS, the Public Hearing was opened on December 5, 2006 and continued <br />until the December 12, 2006 Board of County Commissioners meeting, at which parties <br />in interest and citizens were heard; <br />1 of 4 <br />