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ORDINANCE NO. 2009- 018 <br />Less and except any portion of property lying within the St. <br />Sebastian River. <br />All lying and being in Indian River County, Florida. <br />Is changed from C-2, Conservation — 2 District (up to 1 unit/40 acres), and C-3, Conservation -3 <br />District (up to 1 unit/2.5 acres), to C-1, Conservation — 1 District (0 units/acre), and the Future <br />Land Use Map is hereby revised accordingly. <br />SECTION 3. Repeal of Conflictiniz Provisions <br />All previous ordinances, resolutions, or motions of the Board of County Commissioners <br />of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby <br />repealed to the extent of such conflict. <br />SECTION 4. Severability <br />It is declared to be the intent of the Board of County Commissioners that, if any provision <br />of this ordinance and therefore the Indian River County Comprehensive Plan Amendment is for <br />any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such <br />provision shall be deemed a separate, distinct and independent provision and such holding shall <br />not affect the validity of the remaining provisions. <br />SECTION 5. Effective Date <br />The effective date of this ordinance and, therefore, this plan amendment shall be the date <br />a final order is issued by the Department of Community Affairs or Administration Commission <br />finding the amendments in compliance with Section 163.3184(1)(b), Florida Statutes, whichever <br />occurs earlier. If a final order of noncompliance is issued by the Administration Commission, <br />these amendments may nevertheless be made effective by adoption at a public meeting after <br />public notice of a resolution affirming their effective status, a copy of which resolution shall be <br />sent to the Florida Department of Community Affairs, Division of Resource Planning and <br />Management, Plan Processing Team. <br />This ordinance was advertised in the Press -Journal on the 5th day of October, 2009, for a <br />public hearing to be held on the 20'h day of October 2009, at which time it was moved for <br />adoption by Commissioner Wheeler seconded by <br />Commissioner F1 p,-(- r , and adopted by the following vote: <br />Wesley S. Davis, Chairman AYE <br />Joseph E. Flescher, Vice Chairman <br />Gary C. Wheeler, Commissioner AYE <br />Peter D. O'Bryan, Commissioner AYE <br />Bob Solari, Commissioner AY E <br />FACommunity Development\Users\LONG RANGE\CompPlan Amendments\2009 Jan\Conservation Lands Rezoning\BCC conservation lands <br />Ordinance.doc <br />