HomeMy WebLinkAbout1990-03SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:30:02
ORDINANCE NO. 90- 3
1115190
PNOT3
LR -Planning
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AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE
COMPREHENSIVE PLAN CONTAINING THE FOLLOWING ELEMENTS: FUTURE
LAND USE; TRAFFIC CIRCULATION; MASS TRANSIT; PORTS, AVIATION
AND RELATED FACILITIES; HOUSING; SANITARY SEWERS; POTABLE
WATER; SOLID WASTE; DRAINAGE; AQUIFER RECHARGE; COASTAL
MANAGEMENT; CONSERVATION; RECREATION AND OPEN SPACE; INTER-
GOVERNMENTAL COORDINATION; CAPITAL IMPROVEMENTS; ECONOMIC
DEVELOPMENT; ADOPTING THE FUTURE LAND USE MAP; AND PROVIDING
FOR LEGAL STATUS, CODIFICATION, REPEAL OF CONFLICTING PRO-
VISIONS, SEVERABILITY AND EFFECTIVE DATE,
WHEREAS, by Chapter 163, part 2, Florida Statutes, the State
of Florida has required Indian River County to adopt by ordinance
and implement a comprehensive plan; and
WHEREAS, the Local Planning Agency held public hearings on
July 25, 26, 27, and August 10, 1989 after due public notice, and
WHEREAS, the Local Planning Agency recommended the adoption
of the Comprehensive Plan to the Board of County Commissioners,
and recommended the transmittal of the Comprehensive Plan to State
of Florida Department of Community Affairs, and
WHEREAS, the Board of County Commissioners of Indian River
County held the Transmittal Public Hearings on August 21, and 23,
1989, after advertising pursuant to F.S. 163.3184 (15)(b)(1) and
(c), and
WHEREAS, the Board of County Commissioners announced at the
transmittal public hearing its intention to hold and advertise a
second public hearing at the adoption stage of the plan, and
WHEREAS, the Florida Department of Community Affairs received
the Indian River County Comprehensive Plan on August 31, 1989, for
the State review pursuant to F.S. 163.3184(4); and
WHEREAS, Indian River County received the Objections, Rec-
ommendations, and Comments (ORC) report from the Florida Depart-
ment of Community Affairs on December 14, 1989; and
WHEREAS, Indian River County proposed revisions to its
transmitted Comprehensive Plan in response to the ORC report
pursuant to F.S. 163.3184 (7); and
ORDINANCE NO. 90- 3
WHEREAS, the Board of County Commissioners of Indian River
County held the Comprehensive Plan Adoption Public Hearing on
February 13, 1990, after advertising pursuant to F.S.
NOW THEREFORE, BE IT ORDAINED, by the Board of County Commis-
sioners of,Indian River County, Florida, that:
13ECTI-ON1. Comprehensive—Plan Adoption and—Transmi-ttal
The proposed Indian River County Comprehensive Plan is hereby
adopted with changes, and five (5) copies are directed to be
transmitted to the State of Florida Department of Community
Affairs.
SECTION 2. Adopted Portion of the Comprehensive Plan
The following portions of the 1990 Indian River County,
Comprehensive Plan are hereby designated as an "adopted portion of
the plan" pursant to FAC. 9J -5.005(c). All other portions of the
plan not listed below are considered "support documents".
Goals, Objectives, and Policies of all elements
0 Capital improvements element including:
- Requirements for capital improvements implementa-
tion
- Procedures for monitoring and evaluation of the
Indian River County Plan
Concurrency Management system
° Required maps showing future conditions:
Land Use Maps:
Figures 2.10, 2.14, 2.16, 2.17, 2.18, 2.21, 2.23,
2.25, 2.26, 2.33, 2.33a, and 2.34
Ports, Aviation, and Related Facilities Maps:
Figures 6.1, 6.3.1, 6.3.2, 6.5.1 and 6.5.2
- Recreational Facilities Maps:
Figures 10.1, 10.2, 10.3, and 10.7
- Traffic circulation Maps:
Figures 4.13, 4.13.2, and 4.13.3
- Conservation element Maps:
Figures 8.1, 8.9, 8.10, 8.11, 8.12, 8.14, and 8.25
- Coastal Management element Maps:
Figures 9.1, 9.6, 9.7, 9.8, 9.21, 9.23, 9.35, and
9.37
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Ordinance No. 90 - 3
SECTION -3. L2gal_Sta-tus_o-f-the— omp-rehensrve-P an
Upon adoption of the 1990 Indian River County Comprehensive
Plan, pursuant to Florida Statutes 163.3194, all development
undertaken by, and all actions taken in regard to development
orders by Indian River County government agencies shall be consis-
tent with the adopted comprehensive plan. All land development
regulations enacted or amended shall be consistent with the
adopted comprehensive plan.
By September 1, 1990, the county shall adopt new and/or
amended land development regulations consistent with the adopted
comprehensive plan. During the interim period when the provisions
of the 1990 Comprehensive Plan and the existing land development
regulations are inconsistent, or if there are not adequate land
development regulations to implement the intent of the comprehen-
sive plan, the adopted 1990 Comprehensive Plan shall govern any
action -taken in -regard to -an -application for a_devalopment_-rder_
SECTION 4. CODIFICATION
The provisions of this ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to "sec-
tion", "article", or other appropriate word, and the sections of
this ordinance may be renumbered or relettered to accomplish such
intentions.
SECTION 5. 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. All Special Acts of the legisla-
ture applying only to the unincorporated portion of Indian River
County and -which c nf-Li-c_t-with the -provisions of this ordinance
are hereby repealed to the extent of such conflict.
SECTION 6. Severability
It is declared to be the intent of the Board of County
Commissioners that if any provision of this Ordinance and there-
fore, the Indian River County Comprehensive Plan is for any reason
ftnally Ireld-invalid-or unconsti-tutional by--an"ourt-o-f-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 7. Effective Date
This ordinance shall become effective upon adoption pursuant
S. 163.3194
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 13th day of February
1990.
This ordinance was advertised in the Vero Beach Press -Journal
on the 7th day of February, 1990, for a public hearing to be held
on the 13th day of February, 1990, at which time it was moved for
9dop-t-i-on-bylfommi_ssioner-Bird seconded—b Commissioner
Bowman , and adopted by the following vote:
Chairman Carolyn K.. Eggert Aye
Vice Chairman Richard N. Bird Aye -----
Commissioners Gary C. Wheeler ATsenT --
Commissioner Margaret C. Bowman Aye-----
Cortmri-ssianer-Do�G. Scarlocl��lr. Absen€--
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n
ORDINANCE NO. 903
Acknowledgement by the
Department of State of the State of Florida
this 20th day of February, 1990.
Acknowledgement from
the Department of State received on this 23rd
day of February 1990,
at 11:30 A:M P.M, and filed in the
office of the Clerk of
the Board of County Commissioners of Indian
----Rive-r-County,-F-1-0-r-ida
BOARD OF COUNTY COMMISSIONERS,, k;
OF INDIAN RIVER COUNTY,-
OUNTY "By
ByS
Carolyn Eggert air a,
ATTEST BY:.
F _'K BARTON„ Clerk
�JY
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
W " ,z -
William G. Collins II,
Assistant County Attorney
Robert M. Keati , A
Director, Community evelopment
ndian Riva �a Approved
Admlrl Dafe
Legal
Budget
AN
De
Fisk Mgr /V/ A .Y
Comp Plan Ord.
pnot3
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