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HomeMy WebLinkAbout2001-011U ORDINANCE NO. 2001-01 To AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF THE INDIAN RIVER COUNTY COMPREHENSIVE PLAN; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county received comprehensive plan amendment applications during its July 2000 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on September 28, 2000, after due public notice, and WHEREAS, the Local Planning Agency made a recommendation regarding this comprehensive plan amendment to the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on November 7, 2000, after advertising pursuant to F.S. 163.3184(15)(b)(1) and (c), WHEREAS, the Board of County Commissioners approved the transmittal of this 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 this plan amendment, WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on December 4, 2000, for the State review pursuant to F.S. 163.3184(4), and Page 1 of 4 comprehensive plan amendment 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 this plan amendment, WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on December 4, 2000, for the State review pursuant to F.S. 163.3184(4), and Page 1 of 4 ORDINANCE NO. 2001- 011 WHEREAS, Indian River County received the Objections, Recommendations, and Comments (ORC) Report from the Florida Department of Community Affairs on February 12, 2001, WHEREAS, the ORC Report contained no objections or comments regarding this Comprehensive Plan Amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on March 20, 2001, after advertising pursuant to F.S.163.3184(15)(b); 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 amendment to the Indian River County Comprehensive Plan identified in Section 2 is 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 Capital Improvements Element of the Comprehensive Plan, as revised, as shown in Attachment A. 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. Page 2 of 4 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. Page 2 of 4 ORDINANCE NO, 2001-011 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 amendment in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment 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 Press -Journal on the 7`' day of March, 2001, for a public hearing to be held on the 20`h day of March, 2001, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Caroline D. Ginn Aye Vice -Chairman Ruth M. Stanbridge Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 4L1� - t BY: _ J kx Caroline:D Ginn; ChaiI Than~-: 77 ATTEST BY Y ;Jeffrey' r 'anon, Clerk �cdL uc Page 3 of ORDINANCE NO. 2001-011 qq Acknowledgment by the Department of State of the State of Florida this l day o2001 i Acknowledgment from the Department of State received on this � day o�'%\�, 2001, at A.M./M and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. William G. Collins II, Deputy County Attorney G Robert M. Keating, AICP / Community Development Director I cd\u\ed planner\lu_amen\text_amd\july 2000\ord.wpd Page 4 of 4