HomeMy WebLinkAbout2010-022ORDINANCE NO. 2010- 022
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE COUNTY'S
EAR BASED AMENDMENTS TO ITS 2020 INDIAN RIVER COUNTY COMPREHENSIVE
PLAN; 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 Board of County Commissioners approved the county's second Evaluation and
Appraisal Report (EAR) on November 18, 2008; and
WHEREAS, the State Department of Community Affairs (DCA) found the county's EAR sufficient on
February 25, 2009; and
WHEREAS, the county drafted its EAR based comprehensive plan amendments to incorporate the
EAR's recommendations and findings; and
WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on the EAR
based comprehensive plan amendments on March 11, 2010; and
WHEREAS, the Local Planning Agency voted 7 to 0 to recommend that the Board of County
Commissioners transmit the EAR Based comprehensive plan amendments to the Florida Department of
Community Affairs; and
WHEREAS, the Board of County Commissioners of Indian River County, after advertising pursuant to
F.S. 163.3184(15)(b)(1), held a Transmittal Public Hearing on May 11, 2010; and
WHEREAS, the Board of County Commissioners approved the transmittal of these EAR based
comprehensive plan amendments 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 these plan amendments; and
WHEREAS, the Florida Department of Community Affairs received these Comprehensive Plan
Amendments on June 24, 2010, pursuant to F. S. 163.3184(4); and
WHEREAS, the County received the Florida Department of Community Affairs Objections,
Recommendations, and Comments (ORC) report on August 26, 2010; and
WHEREAS, the Florida Department of Community Affairs had one objection and seven comments
concerning these amendments; and
WHEREAS, the County revised its proposed EAR Based Amendments to its Comprehensive Plan to
address DCA's ORC Objection and Comments; and
WHEREAS, the Board of County Commissioners of Indian River County, after advertising pursuant to
F.S.163.3184(15)(b), held a Comprehensive Plan Amendment Adoption Public Hearing on October 12,
2010.
FACommunity Development\Comprehensive Plan Elements\2010 EAR Based Amendment\Ordinance.doc 1
ORDINANCE NO. 2010- 022
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 the Board of County Commissioners directs staff to transmit three (3)
copies of the amendments 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
AMENDMENTS TO THE COUNTY'S 2020 COMPREHENSIVE PLAN
CONSISTENT WITH THE FINDINGS AND RECOMMENDATIONS OF THE
DECEMBER 2008 EVALUATION AND APPRAISAL REPORT.
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 27th day of September, 2010,
for a public hearing to be held on the 12th day of October 2010, at which time it was moved for
adoption by Commissioner Wheel er , seconded by
Commissioner 0' Bryan , and adopted by the following vote:
F:\Community Development\Comprehensive Plan Elements\2010 EAR Based Amendment\Ordinance.doc 2
ORDINANCE NO. 2010- 022
Peter D. O'Bryan, Chairman
Aye
Bob Solari, Vice Chairman
Aye
Joseph E. Flescher, Commissioner
Aye
Wesley S. Davis, Commissioner
Nay
Gary C. Wheeler, Commissioner
Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
I
BY:
Peter D. O'Bryan, Chairman
ATTEST BY.
-ro e ; Jeffrey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Alan S. Polackwi h, Co ty Attorney
VED AS TO PLANNING MATTERS
bert M. Keating,
Director
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