HomeMy WebLinkAbout2002-013AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN REGARDING
THE FUTURE ROADWAY CLASSIFICATION MAP; 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 2001 amendment submittal window, and
WHEREAS, the Local Planning Agency held a public hearing on all
comprehensive plan amendment requests on September 27, 2001, 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 13, 2001, after advertising pursuant to F.S.
163.3184(15)(b)(1) and (c), and
WHEREAS, the Board of County Commissioners approved the transmittal of
this 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, and
WHEREAS, the Florida Department of Community Affairs received this
Comprehensive Plan Amendment on November 26, 2001, for the State review pursuant
to F, i.163.3184(4), and
IV
Ordinance 2002- 013
WHEREAS, Indian River County received the Objections, Recommendations,
and Comments (ORC) Report from the Florida Department of Community Affairs on
February 4, 2002, and
WHEREAS, the ORC Report contained no objections 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 19, 2002, 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
Figure 4.13 of the Transportation Element, the Future Roadway Functional
Classification Map, is amended by removing the portion of 25th Street SW located
between 20th Avenue and 27th Avenue. The amendment to Figure 4.13 is shown on
Attachment 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.
SECTION 4. Severabilitv
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
Ordinance 2002- 013
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 6th day of March, 2002,
for a public hearing to be held on the 19th day of March, 2002, at which time it was
moved for adoption by Commissioner Adams , seconded by Commissioner
Ti ppi n , and adopted by the following vote:
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Ruth`M. Stanbridge, Chai an
ATTEST B
O
Ieffrey K::Barton, Clerk
Chairman
Ruth
M. Stanbridge
Aye
Vice -Chairman
John W.
Tippin
Aye
Commissioner
Fran B.
Adams
Aye
Commissioner
Caroline
D.
Ginn Aye
Commissioner
Kenneth
R.
Macht Ay€
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Ruth`M. Stanbridge, Chai an
ATTEST B
O
Ieffrey K::Barton, Clerk
Ordinance 2002- 013
Acknowledgment by the Department of State of the State of Florida this,, day of K
, 2002
Acknowledgment from the Department of State received on this,::) day oft, 2002,
at A.M.F and filed in the office of the Clerk of the Board of County
Commissioners of Indian River County, Florida.
All
William G. Collins II, Deputy County Attorney
Ro ert M. Keating, AICP
Community Development Dire or
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