HomeMy WebLinkAbout2022-004ORDINANCE NO. 2022- 004
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COUNTY'S
COMPREHENSIVE PLAN BY CREATING A PROPERTY RIGHTS ELEMENT IN ORDER
TO MEET UPDATED STATUTORY REQUIREMENTS; 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, in order to comply with the action of the State Legislature, Indian River County must
adopt a property rights element as an amendment to the Comprehensive Plan, pursuant to the Community
Planning Act, Chapter 163, Florida Statutes; and
WHEREAS, the Property Right Element of the Indian River County Comprehensive Plan is intended
to ensure that private property rights are considered in local decision making to the extent that they are
protected through the legal system and the law and order of the government; and
WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on this
comprehensive plan amendment request on December 9, 2021, and
WHEREAS, the Local Planning Agency, after receiving public comments, recommended that the Board
of County Commissioners transmit the comprehensive plan amendment listed below to State and Regional
review agencies; and
WHEREAS, the Board of County Commissioners of Indian River County held a transmittal public
hearing on January 18, 2022, after due public notice, and
WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan
amendment to State and Regional review agencies; and
WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its
intention to hold an advertised final public hearing at the adoption stage of this plan amendment; and
WHEREAS, the Comprehensive Plan Amendment was transmitted to State and Regional review
agencies; and
WHEREAS, State and Regional review agencies had no objections to this amendment; and
WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption
Public Hearing on April 5, 2022, after due public notice.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County,
Florida, that:
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ORDINANCE NO. 2022- 004
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 the amendment
to the State and Regional review agencies.
SECTION 2. Amendment to the Comprehensive Plan
CREATION OF A PROPERTY RIGHTS ELEMENT IN THE COUNTY'S
COMPREHENSIVE PLAN.
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 plan amendment, if the amendment is not timely challenged, shall
be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective on
the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. 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 of a resolution affirming its
effective status, a copy of which resolution shall be sent to the state land planning agency.
This ordinance was advertised in the Press -Journal on the 201 day of March, 2022, for a
public hearing to be held on the 5 day of April 2022, at which time it was moved for adoption by
Commissioner Joseph H. Earmap seconded by Commissioner Joseph E. Flescher, and
adopted by the following vote:
Peter D. O'Bryan, Chairman
Joe Earman, Vice Chairman
Joseph E. Flescher, Commissioner
Susan Adams, Commissioner
Laura Moss, Commissioner
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ORDINANCE NO. 2022- 004
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BOARD OF COUNTY COMMISSIONERS ��oJ; • .'
OF INDIAN RIVER COUNTY `�tl
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BY:4—
eter D. O'Bryan, Chairman ••`ti
o�'ER COUNx,
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ATTEST BY:
Jeffrey R. Smi .h, Clerk of Court and Comptroller
This ordinance was filed with the Department of State on the following date: 49,6
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY
ylan Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
Phil Matson, AICP; Community Development Director