HomeMy WebLinkAbout2025-005Ordinance #:2025 O05
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 ofthe 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 February 25, 2025, 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 Feasibil
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.
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repealed to the extent of such conflict.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. Severability
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 14th day of February 2025, for a public
hearing held on the 25' day of February 2025, at which time it was moved for adoption by
Commissioner Deryl Loar , seconded by Commissioner Susan Adams and
adopted by the following vote:
Joseph E. Flescher, Chairman
AYE
Deryl Loar, Vice -Chairman
AYE
Susan Adams, Commissioner
AYE
Joseph H. Earman, Commissioner
AYE
Laura Moss, Commissioner
AYE
Attest: Ryan L. Flutter, Clerk of
Circuit Court and Comptroller
PROMISE--,
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BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COWI r '6-"-
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Joseph E. Flescher, thairm = *'
Ryan L. Butler, Clerk of Circuit Court and Comptroller
ATTEST: BY:
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BY:
unty Attorney
APPROVED AS TO PLANNING MATTERS
Chris Balter, Planning & Development Services Director
This Ordinance was filed with the Department of State
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