HomeMy WebLinkAbout2021-016ORDINANCE NO. 2021 - 016
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF
THE COMPREHENSIVE PLAN'S CAPITAL IMPROVEMENTS ELEMENT BY UPDATING
THE COUNTY'S 5 YEAR CAPITAL IMPROVEMENTS PROGRAM (CIP) SCHEDULE AND
RELATED DATA AND ANALYSIS SECTIONS; 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, F.S. 163.3177(3)(b) requires an annual review and update of the County's
Capital Improvements Program; and
WHEREAS, F.S. 163.3177(3)(b) exempts amendments to the County's 5 year CIP from
the standard comprehensive plan amendment process and instead allows the County to amend the
County's 5 year CIP schedule and related data and analysis sections by ordinance through the
County's standard ordinance adoption procedures, which involve holding only one public hearing;
and
WHEREAS, the Board of County Commissioners of Indian River County, pursuant to
F.S.125.66(2), advertised for a Public Hearing to Consider Adopting an Ordinance Amending the
County's 5 year CIP schedule and related data and analysis sections of the Capital Improvements
Element of the Comprehensive Plan; and
WHEREAS, the Board of County Commissioners of Indian River County held an Adoption
Public Hearing on December 10', 2021, at which parties in interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that:
SECTION 1. Amendment to the Schedule of Capital Improvements Program
Indian River County hereby adopts the 5 -year CIP schedule and related data and analysis
section of the Capital Improvements Element; (Exhibit A).
SECTION 2. Financial Feasibility
The Board of County Commissioners finds that the proposed amendment of the 5
year CIP schedule and related data and analysis section of the Capital Improvements
Element is financially feasible.
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ORDINANCE NO. 2021 - 016
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repealed to the extent of such conflict.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 5. Sever
It is declared to be the intent of the Board of County Commissioners that, if any provision
of this ordinance 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 6. Effective Date
A certified copy of this ordinance shall be filed with the Department of State by the clerk of the
Board of County Commissioners within 10 days of enactment by the Board of County
Commissioners and shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 28th day of November, 2021, for a public
hearing held on the 14th day of December, 2021, at which time it was moved for adoption by
Commissioner Adams , seconded by Commissioner Flescher
adopted by the following vote: and
Peter D. O'Bryan, Chairman AYE
Joseph H. Earman, Vice Chairman AYE
Susan Adams, Commissioner AYE
Joseph E. Flescher, Commissioner AYE
Laura Moss, Commissioner AYE
BOARD OF COUNTY COMMISSI�
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OF INDIAN RIVER COUNTY
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Peter D. O'Bryan, Chairman •.F�' • .
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
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ORDINANCE NO. 2021 - 016
BY 2� JdiOO tr i
Deputy Clerk
This ordinance was filed with the Department of State on the following date: IAII 7 Aid
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Dyl eingold, County Attorney
APPROVED AS TO PLANNING MATTERS
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Phillip J. Matson, AICP
Community Development Director