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Home My WebLink About2008-015ORDINANCE NO. 2008- 015 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN BY REMOVING SEGMENTS OF 61ST STREET BETWEEN 74T11 AVENUE AND 90th AVENUE AND BY REMOVING SEGMENTS OF 65TH STREET BETWEEN 74TH AVENUE AND INTERSTATE 95 FROM THE COUNTY'S EXTENDED ROADWAY GRID MAP; 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 January 2008 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on March 27, 2008, after due public notice, and WHEREAS, the Local Planning Agency voted 6 to 1 to recommend that the Board of County Commissioners transmit the comprehensive plan amendment listed below to the Florida Department of Community Affairs; and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on May 6, 2008, after advertising pursuant to F.S. 163.3184(15)(b)(1), 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 May 21, 2008, pursuant to F.S.1 63.3184(4), and WHEREAS, the County received the Florida Department of Community Affairs Objections, Recommendations, and Comments report on July 18, 2008, 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 September 9, 2008, 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: C:\Documents and Settings\bcasano\Local Settings\Temporary Internet Files\Content.Outlook\ZDC5R7SN\CP Quail Ridge Ordinance.doc ORDINANCE NO. 2008- 015 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN BY REMOVING SEGMENTS OF 61ST STREET BETWEEN 74T11 AVENUE AND 90th AVENUE AND BY REMOVING SEGMENTS OF 65TH STREET BETWEEN 74TH AVENUE AND INTERSTATE 95 FROM THE COUNTY'S EXTENDED ROADWAY GRID MAP; 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 January 2008 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on March 27, 2008, after due public notice, and WHEREAS, the Local Planning Agency voted 6 to 1 to recommend that the Board of County Commissioners transmit the comprehensive plan amendment listed below to the Florida Department of Community Affairs; and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on May 6, 2008, after advertising pursuant to F.S. 163.3184(15)(b)(1), 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 May 21, 2008, pursuant to F.S.1 63.3184(4), and WHEREAS, the County received the Florida Department of Community Affairs Objections, Recommendations, and Comments report on July 18, 2008, 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 September 9, 2008, 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: C:\Documents and Settings\bcasano\Local Settings\Temporary Internet Files\Content.Outlook\ZDC5R7SN\CP Quail Ridge Ordinance.doc ORDINANCE NO. 2008- 015 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 the Board of County Commissioners directs staff to transmit three (3) copies of the amendment to the State of Florida Department of Community Affairs and one (1) copy to the Treasure Coast Regional Planning Council. SECTION 2. Amendment to the Comprehensive Plan AMENDING THE COMPREHENSIVE PLAN'S TRANSPORTATION ELEMENT TO REMOVE SEGMENTS OF 61ST STREET BETWEEN 74TH AVENUE AND 90t1 AVENUE AND TO REMOVE SEGMENTS OF 65TH STREET BETWEEN 74TH AVENUE AND INTERSTATE 95 FROM THE COUNTY'S EXTENDED ROADWAY GRID MAP. 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 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 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. This ordinance was advertised in the Press -Journal on the 25 day of August, 2008, for a public hearing to be held on the 9th day of September 2008, at which time it was moved for adoption by Commissioner Wesley S. Davis seconded by Commissioner Gary C. Wheeler, and adopted by the following vote: Sandra L. Bowden, Chairman Wesley S. Davis, Vice Chairman Aye _Aye C:\Documents and Settings\bcasano\Local Settings\Temporary Internet Files \Content.Outlook\ZDC5R7SN\CP Quail Ridge Ordinance.doc ORDINANCE NO. 2008- 015 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 the Board of County Commissioners directs staff to transmit three (3) copies of the amendment to the State of Florida Department of Community Affairs and one (1) copy to the Treasure Coast Regional Planning Council. SECTION 2. Amendment to the Comprehensive Plan AMENDING THE COMPREHENSIVE PLAN'S TRANSPORTATION ELEMENT TO REMOVE SEGMENTS OF 61ST STREET BETWEEN 74TH AVENUE AND 90t1 AVENUE AND TO REMOVE SEGMENTS OF 65TH STREET BETWEEN 74TH AVENUE AND INTERSTATE 95 FROM THE COUNTY'S EXTENDED ROADWAY GRID MAP. 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 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 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. This ordinance was advertised in the Press -Journal on the 25 day of August, 2008, for a public hearing to be held on the 9th day of September 2008, at which time it was moved for adoption by Commissioner Wesley S. Davis seconded by Commissioner Gary C. Wheeler, and adopted by the following vote: Sandra L. Bowden, Chairman Wesley S. Davis, Vice Chairman Aye _Aye C:\Documents and Settings\bcasano\Local Settings\Temporary Internet Files \Content.Outlook\ZDC5R7SN\CP Quail Ridge Ordinance.doc ORDINANCE NO. 2008-015 Gary C. Wheeler, Commissioner Peter D 0 Bryan, Commissioner Joseph E. Flescher, Commissioner Aye Aye Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ra L. Bowden, Chairman Lad' ATTEST BY: ' z ��r* � b C C. Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: (,1e,g ptif, 22) 2003 APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP; Corn unity De : opment Director F:\Community Development\Users\LONG RANGE\CompPlan Amendments\2008 Jan\Quail Ridge Text Arnend\CP Quail Ridge Ordinance.doc ORDINANCE NO. 2008-015 Gary C. Wheeler, Commissioner Aye Peter D. O'Bryan, Commissionerye Joseph E. Flescher, Commissioner Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Sar lra L. Bowden, Chairman fil"Ili ATTEST BY: x,_R (:1\to.w -rt'I Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, CounAttorney APPROVED AS TO PLANNING MATTERS d1.i Robert M. Keating, Al P; Corn numb/ De opment Director P?Community DevelopmentAUsersVLONG RANGE ACompPlan Amendments \2002.IanAQuail Ridge Text Amend ACP Quail Ridge Ordinancedoc ORDINANCE NO. 2008-015 Gary C. Wheeler, Commissioner Aye Peter D. O'Bryan, Commissionerye Joseph E. Flescher, Commissioner Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Sar lra L. Bowden, Chairman fil"Ili ATTEST BY: x,_R (:1\to.w -rt'I Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, CounAttorney APPROVED AS TO PLANNING MATTERS d1.i Robert M. Keating, Al P; Corn numb/ De opment Director P?Community DevelopmentAUsersVLONG RANGE ACompPlan Amendments \2002.IanAQuail Ridge Text Amend ACP Quail Ridge Ordinancedoc