HomeMy WebLinkAbout2006-031ORDINANCE NO. 2006 - 031
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
TEXT OF THE COMPREHENSIVE PLAN'S CAPITAL IMPROVEMENTS
ELEMENT; 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 accepted comprehensive plan amendment applications
during its January 2006 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on all
comprehensive plan amendment requests on March 23, 2006, after due public notice,
and
WHEREAS, the Local Planning Agency made a recommendation regarding
these comprehensive plan amendments to the Board of County Commissioners, and
WHEREAS; Ithe Board of County Commissioners of Indian River County held a
Transmittal Public Hearing on May 2, 2006, after advertising pursuant to F.S.
163.3184(15)(b)(1) and (c), and
WHEREAS, the Board of County Commissioners approved the transmittal of
these comprehensive plan amendments to the Florida Department of Community Affairs
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 these plan amendments, and
WHEREAS, the Florida Department of Community Affairs received these
Comprehensive Plan Amendments on May 15, 2006, pursuant to F. S. 163.3184(4), and
WHEREAS, Indian River County received the Objections, Recommendations, and
Comments Report dated July 17, 2006, from the Florida Department of Community
Affairs, and
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ORDINANCE NO. 2006 - 031
WHEREAS, the Florida Department of Community Affairs had objections and
recommendations concerning the amendment to the Transportation Element, and
WHEREAS, those objections and recommendations involved modification of
transportation level of service standards; and
WHEREAS, transportation level of service standards are duplicated within the
County's Capital Improvements Element; and
WHEREAS, Indian River County made appropriate modifications to the Capital
Improvements Element consistent with revisions to the Transportation Element
amendment, and
WHEREAS, the Board of County Commissioners of Indian River County held a
Comprehensive Plan Amendment Adoption Public Hearing on September 19, 2006, 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. Amendment to the Comprehensive Plan
Amended Capital Improvements Element; (Exhibit A)
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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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. 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.
This ordinance was advertised in the Press -Journal on the 4th day of September,
2006, for a public hearing to be held on the 19`h day of September, 2006, at which time it
was moved for adoption by Commissioner Lowther , seconded by
Commissioner Davis , and adopted by the following vote:
Arthur R. Neuberger, Chairman
Aye
Gary C. Wheeler, Vice Chairman
Nay
Thomas S. Lowther, Commissioner
Aye
Wesley S. Davis, Commissioner
Aye
Sandra L. Bowden, Commissioner
Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
13)(: �` � P , � . &-A-,
' "-.Arthur R:'N b rger, Chair
"ATTEST BY:p/J
Jeffrey K. Barton, Clerk J
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Acknowledgment by the Department of State of the State of Florida this 2$ day of
Seecw•b-e t , 2006
Acknowledgment from the Department of State received on this day of
'2006, 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
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AICP `
Community Development Director
Indian River Co.
Approved
Date
Admin.
Legal
�.
Budget
113
Dept.
Risk Mgr.
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