HomeMy WebLinkAbout2003-017Ordinance 2003-017
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
CAPITAL IMPROVEMENTS ELEMENT AND TRANSPORTATION ELEMENT OF
THE 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 initiated comprehensive plan amendment applications
during its July 2002 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on all
comprehensive plan amendment requests on October 24, 2002, after due public notice,
WHEREAS, the Local Planning Agency made a recommendation regarding
these comprehensive plan amendments to the Board of County Commissioners, and
WHEREAS, the Board of County Commissioners of Indian River County held a
Transmittal Public Hearing on December 17, 2002, 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 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 these plan amendments, and
WHEREAS, the Florida Department of Community Affairs received these
Comprehensive Plan Amendments on December 26, 2002, for the State review pursuant
to F.S.163.3184(4), and
Ordinance 2003-017
WHEREAS, Indian River County received the Objections, Recommendations,
and Comments (ORC) Report from the Florida Department of Community Affairs on
March 3, 2003, and
WHEREAS, the ORC Report contained two objections and two comments
regarding these Comprehensive Plan Amendments, and
WHEREAS, the Board of County Commissioners of Indian River County held a
Comprehensive Plan Amendment Adoption Public Hearing on May 6, 2003, 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 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
Both the
Capital Improvements
Element
and the Transportation
Element of the
in
of Conflicting
Provisions
Comprehensive
Plan
are amended their
entirety.
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
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
Ordinance 2003-017
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 amendments, 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. No development orders,
development permits, or land uses dependent on these amendments may be issued or
commence before it 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 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.
The ordinance was advertised in the Press -Journal on the23rd day of April, 2003,
for a public hearing to be held on the 6th day of May, 2003, at which time the Capital
Improvements Element was moved for adoption by
Commissioner Neuberger , seconded by
Commissioner Lowther , and adopted by the following vote:
Chairman Kenneth R. Macht Aye
Vice -Chairman Caroline D. Ginn Aye
Commissioner Fran B. Adams Aye
Commissioner Arthur R. Neuberger Aye
Commissioner Thomas S. Lowther Aye
And at which time the Transportation Element was moved for adoption by
Commissioner Neuberger , seconded by
Commissioner Lowther , and adopted by the following vote:
Chairman Kenneth R. Macht Aye
Vice -Chairman Caroline D. Ginn Nab
Commissioner Fran B. Adams _Aye
Commissioner Arthur R. Neuberger Aye
Commissioner Thomas S. Lowther Aye
Ordinance 2003-017
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
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