HomeMy WebLinkAbout2007-010ORDINANCE NO. 2007 - 010
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT POLICY 5.8
RELATING TO AGRICULTURAL PLANNED DEVELOPMENT; AND
PROVIDING CODIFICATION, 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 2006 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on this comprehensive
plan amendment request on September 14, 2006, 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 October 24, 2006, after advertising pursuant to F.S.
163.3184(15)(b)l and (c), and
WHEREAS, the Board of County Commissioners approved the transmittal of this
comprehensive plan amendment to the Florida Department of Community Affairs with a
request for review, 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, and
WHEREAS, the Florida Department of Community Affairs received this
Comprehensive Plan Amendment on November 20, 2006, pursuant to F.S.163.3184(4),
and
WHEREAS, the Florida Department of Community Affairs had no objections,
recommendations, or comments concerning this amendment, and
WHEREAS, the Board of County Commissioners of Indian River County held a
Comprehensive Plan Amendment Adoption Public Hearing on March 6, 2007, after
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ORDINANCE NO. 2007 - 010
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
a. Amend the Future Land Use Element by replacing existing Future Land Use
Element Policy 5.8 with Exhibit A, the Revised Policy 5.8.
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 or these Indian River County Comprehensive Plan
Amendments 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.
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ORDINANCE NO. 2007 - 010
This ordinance was advertised in the Press -Journal on the 19th day of February,
2007, for a public hearing to be held on the 6th day of March, 2007, at which time it was
moved for adoption by Commissioner Davis , seconded by
Commissioner_ 01 Bryan , and adopted by the following vote:
Gary C. Wheeler, Chairman Aye
Sandra L. Bowden, Vice Chairman Absent
Wesley S. Davis, Commissioner Aye
Peter D. O'Bryan, Commissioner Aye
Joseph E. Flescher, Commissioner Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
- zl�i4 4::� ":'4
Gary, . Wheeler, Chairman
ATTEST BY:-�.,.o�f&'. Jeffrey K. Barton, Clerk
Acknowledgment by the Department of State of the State of Florida this .0,d4 -1 -day of IV �.
, 2007
Acknowledgment from the Department of State received on this day of
2007, at A.M./P.M. and filed in the office of the Clerk of the
Board of County Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
AS TO PLANNING MATTERS
Ro5ert"M. Keating; AICfl
Community Development
FACommunity Development\UserALONG RANGE\CompPlan AmendmentsVuly 2006 CPA\FLUE CPTA Quail Ridge\CPTA Ordinance FLUE policy 5.8.doc
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