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ORDINANCE NO. 2004- 028 Commissioners directs staff to transmit one (1) copy of the amendment to the State of Florida Department of Community Affairs and one (1) copy to the Treasure Coast Regional Planning Council. SECTION 2. Amendments to the Comprehensive Plan The land use designation of the following described property situated in Indian River County, Florida to wit: THE NORTH 345.6 FEET OF THE EAST 11.18 ACRES OF TRACT 1, SECTION 28, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA; LESS AND EXCEPT ALL RIGHT-OF-WAY FOR ROADS, CANALS AND DITCHES. CONTAINING 2.5 ACRES, MORE OR LESS. SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA is changed from PUB, Public, to C/I, Commercial Industrial, and the Future Land Use Map is hereby revised accordingly. 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County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.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 isdeclared 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 Unless challenged, the effective date of this ordinance, and therefore, this plan amendment, shall be October 12, 2004. If challenged, the effective date of this ordinance, and therefore, this plan amendment, shall be the date a final order is issued by the Page 2 of 4