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Home My WebLink About1998-05• • ♦ ♦ ♦ I , 1 • / , ♦ • / / 1 1 • ♦ , • / 1, • • ♦ ♦ / , 1 ♦ • • , ♦ • WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990; and WHEREAS, pursuant to Chapter 163.3191 F.S. and Rule 9J-5.0053 F.A.C., the county adopted its Evaluation and Appraisal Report (EAR) on December 17, 1996; and WHEREAS, on February 24, 1997, the State of Florida Department of Community Affairs determined that the county's EAR was "SUFFICIENT"; and WHEREAS, the Evaluation and Appraisal Report recommended certain amendments to the comprehensive plan; and WHEREAS, the Local Planning Agency held public hearings on the Evaluation and Appraisal Report -based comprehensive plan amendments on September 25, 1997 and October 9, 1997, after due public notice; and WHEREAS, the Local Planning Agency made a recommendation to the Board of County Commissioners regarding the transmittal of the EAR -based comprehensive plan amendments to the State of Florida Department of Community Affairs; and WHEREAS, the Board of County Commissioners of Indian River County held a transmittal public hearing on November 4, 1997, after advertising pursuant to F. S. 163.3184(15)(b)(1); and WHEREAS, the Board of County Commissioners approved the transmittal of the EAR -based comprehensive plan amendments to the Florida Department of Community Affairs for their review and comment; and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process; and WHEREAS, the Florida Department of Community Affairs received the county's EAR -based Comprehensive Plan Amendments on November 24, 1997, for the State review pursuant to F.S. 163.3184(4); and WHEREAS, Indian River County received the Objections, Recommendations, and Comments (ORC) Report from the Florida Department of Community Affairs on Feburary 2, 1998; and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on March 10, 1998, after advertising pursuant to F. S. 163.3184(15)(b)(2) and (c); WHEREAS, the Board of County Commissioners of Indian River County opened the March 10, 1998 public hearing, discussed the proposed EAR -based amendments, and continued the public hearing to March 17, 1998; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1.. Comprehensive Plan Amendment Adoption and Transmittal The amendments to the Indian River County Comprehensive Plan identified in Section 2 are hereby adopted, and three (3) copies are directed to be transmitted to the State of Florida Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council, SECTION 2. Amendments to the Comprehensive Plan The EAR -based amendments include both the "adopted portion of the plan" and the "support documents". The following portions of the Indian River County Comprehensive Plan are designated as the "adopted portion of the plan" pursuant to Ch. 9J -5.005(1)(c), F.A.C. All other portions of the plan not listed below are considered "support documents". Goals, Objectives, and Policies of all elements including: Countywide marina siting requirements (objective 3 and policies 3.3, 3.4, 3.5, and 3.6 of the Coastal Management Element) Intergovernmental coordination process (policy 3.9 of the Intergovernmental Coordination Element) PC ol IN 11101 FAA• ': 1 , • Capital improvements element including: Requirements for capital improvements implementation Concurrency Management System • Procedures for monitoring and evaluating all elements of the Indian River County Plan • Water and wastewater connection matrix for new development • Required maps showing future conditions: Future Land Use Element Maps: Figures 2.8, 2.17, 2.19, 2.19.2, 2.20, 2.21, 2.22, 2.23, 2.25, 2.27, 2.29, 2.31 a, and 2.31b Sanitary Sewer; Sub -Element Map: Figure 3.A.1 — Potable Water Sub -Element Map: Figure 3.13.1 — Solid Waste Sub -Element Map: Figure 3. C.1 Natural Groundwater Aquifer Recharge Sub -Element Maps: Figures 3.D.4, 3.D.6, and 3.D.20 — ��viuivva�ci iviaiia�cuicu� uuu-Licuicu� lvlaY. Figure 3.E.4 Conservation Element Maps: Figures 8.3, 8.4, 8.5, 8.8, 8.9, 8.12, 8.13a, 8.13b, 8.18a, 8.18b, and 8.24 Figures 9.1, 9.15, 9.207 9.21, 9.22, 9.23, 9.24, 9.26, and 9.30 Transportation Element Maps: 4.2,4.3,4.3.154.474.5,4.6a,4.6b,4.6c,4.6d,4.6e,4.6f,4.6g,4.6h,4.7, 4.8a, 4.8b, 4.8c, 4.8d, 4.8e, 4.10, 4.11, 4.12, 4.13 and 4.14 Recreation and Open Space Maps 10.1510.2,10.3,10.5 • EAR -Based Future Land Use Amendments — ±67 ACRES OF THE ±82 ACRE TRACT LOCATED Al THE NORTHEAST CORNER OF 53RD STREET AND US #1, FROM C/I TO M- 1 (Exhibit "A"); ±182.5 ACRES LOCATED AT THE SOUTHEAST CORNER OF US #1 AND 41ST STREET, FROM M-1 TO C/I (Exhibit "B"), M o•' A • ': 1 ±37.9 ACRES LOCATED AT THE SOUTHWEST CORNER OF 66TH AVENUE AND 33RD STREET (CHERRY LANE), FROM L-1 TO L-2 (Exhibit "C"); — ±11,529 ACRES OF PUBLICLY ACQUIRED ENVIRONMENTALLY IMPORTANT LAND FROM AG - 1, A&2, A&31 L-1, L-2, C/I, C-2, AND C-3 TO C4 (Exhibit "D"). 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. Codification The provisions of this ordinance shall be incorporated into the county code 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 accomplish such intentions. SECTION 6. Legal Status of the Comprehensive Plan Upon amendment of the Indian River County Comprehensive Plan, pursuant to Florida Statutes 163.3194, all development undertaken by, and all actions taken inregard to development orders by Indian River County government agencies shall be consistent with the amended comprehensive plan. All land development regulations enacted or amended shall be consistent with the amended comprehensive plan. SECTION 7, Effective Date The effective date of this ordinance, and therefore these plan amendments, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before this ordinance has become effective. 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 its 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 Vero Beach Press -Journal on the 2nd day of March, 1998 for a public hearing to be held on the 10' day of March, 1998 at which time the public hearing continued to the 17th day of March, 1998 at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Adams , and Provisions SECTION 3. Repeal of Conflicting 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. Codification The provisions of this ordinance shall be incorporated into the county code 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 accomplish such intentions. SECTION 6. Legal Status of the Comprehensive Plan Upon amendment of the Indian River County Comprehensive Plan, pursuant to Florida Statutes 163.3194, all development undertaken by, and all actions taken inregard to development orders by Indian River County government agencies shall be consistent with the amended comprehensive plan. All land development regulations enacted or amended shall be consistent with the amended comprehensive plan. SECTION 7, Effective Date The effective date of this ordinance, and therefore these plan amendments, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before this ordinance has become effective. 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 its 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 Vero Beach Press -Journal on the 2nd day of March, 1998 for a public hearing to be held on the 10' day of March, 1998 at which time the public hearing continued to the 17th day of March, 1998 at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Adams , and 'Lei Oki , 161 A 01 Le a k1k• ' : , adopted by the following vote: Chairman John W. Tippin Aye Vice -Chairman Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye Commissioner Carolyn K. Eggert AVP BOARD OF COUNTY COMMISSIONERS'>: OF INDIAN RIVER COUNTTeII Y 01 Y I ? s a% 1n Chirrfian Jo n W ATTEST BY. Acknowledgment by the Department of State of the State of Florida this 2 5 day of Ma rc4 1998. Acknowledgment from the Department of State received on this 31 day of Ma rg11998, at 8 : 3 0 A.M./I and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. u\v\s\cpamen. ord indlzn Rivw Ca Approved Admin. Legal (� Budget Dep I. Risk Mgr. Dale �� `\ z m CO x W rr w e z i C t EXHIBIT "C" I1• i•L aGE :"[Er fE.r I E.r. M 0 l 1 1 I I° .".SE t ' " ASC a i r .TRS — — — — — IT TR TR.B r �;i CL y�Iri4"CE :/KEM I 4K:.C[ S.E [M 1 1 I a 1t :UST 1 fCAST ` 1 I Ii2�I ICP I S.R.60 711 TR.12 TR.I I n'"ur"oE T .10 T 9- ®— AREA PROPOSED TO BE DESIGNATED L-2 a