HomeMy WebLinkAbout2001-005ORDINANCE NO. 2001- 005
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING FIGURE 4-13 OF
THE TRANSPORTATION ELEMENT OF THE INDIAN RIVER COUNTY COMPREHENSIVE
PLAN TO REMOVE 81ST STREET BETWEEN 58TH AVENUE AND OLD DIXIE HIGHWAY;
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
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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
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ORDINANCE NO. 2001-005
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.
Figure 4-13 of the Transportation Element of the Comprehensive Plan is revised, as shown
on Attachment A. to delete 81" Street between 58`' Avenue and Old Dixie Highway.
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.
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ORDINANCE NO. 2001- 005
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`h 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 Stanbridge , seconded by Commissioner Ti ppi n and
adopted by the following vote:
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY a ,
,5
4 I13 1 1 t
BY::/• {
Caroline D Ginn, Chair aii
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ORDINANCE NO. 2001- 005
Acknowledgment by the Department of State of the State of Florida this I day of�"'�z , 2001
Acknowledgment from the Department of State received on this�� day of(�`c91`�001, at
AMAM and filed in the office of the Clerk of the Board of County Commissioners of Indian River
County, Florida.
UZW�
William G. Collins II, Deputy County Attorney
JAP
Robert M. Keating, AICP
Community Development Director
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