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HomeMy WebLinkAbout2003-0295 _k Aw._ ORDINANCE NO. 20037 029 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND'USE ELEMENT BY CHANGING THE LAND USE DESIGNATION FOR: A. APPROXIMATELY 3,891 ACRES LOCATED AT THE NORTHEAST CORNER. OF TOWNSHIP 31 SOUTH, RANGE 36 EAST FROM AG - 2, AGRICULTURE (UP TO 1 UNIT/10ACRES) TO C45 CONSERVATION (0 UNITS/ACRE) B. APPROXIMATELY 160 ACRES LOCATED THREE MILES NORTH OF SR 60 AND TWO MILES EAST OF CR 512 FROM AG -2, AGRICULTURE (UP TO 1 UNIT/10ACRES) TO C-15 CONSERVATION (0 UNITS/ACRE) C. APPROXIMATELY 960 ACRES LOCATED ON THE WESTERN HALVES OF SECTIONS 6, 7, AND 18 OF TOWNSHIP 31 SOUTH, RANGE 35 EAST FROM AG -&3, AGRICULTURE (UP TO 1 UNIT/20 ACRES) TO C-1, CONSERVATION (0 UNITS/ACRE) D. APPROXIMATELY 93 ACRES SOUTH OF 14TH PLACE, BETWEEN US 1 AND LATERAL J CANAL, OF THOSE 93 ACRES, APPROXIMATELY 15.4 ACRES FROM C/I, COMMERCIAL/INDUSTRIAL, AND APPROXIMATELY 77.6 ACRES FROM L-2, LOW DENSITY RESIDENTIAL (UP TO 6 UNITS/ACRE) TO C-1, CONSERVATION (0 UNITS/ACRE) E. APPROXIMATELY 102 ACRES WEST OF AIA, SOUTH OF OYSTER BAY DRIVE OF THOSE 102 ACRES, APPROXIMATELY 77 ACRES FROM C-2, CONSERVATION -2 (UP TO 1 UNIT/40 ACRES) AND APPROXIMATELY 25 ACRES FROM L-1, LOW DENSITY RESIDENTIAL (UP TO 3 UNITS/ACRE) TO C-1, CONSERVATION (0 UNITS/ACRE); AND F. APPROXIMATELY 216 ACRES WEST OF AIA AND ABOUT 215 FEET NORTH OF 110TH PLACE, AND APPROXIMATELY 23 ACRES EAST OF AIA OF GOVERNMENT LOT 1 OF SECTIONS 3 AND 10 OF TOWNSHIP 31S RANGE 39E FROM L-1, LOW DENSITY RESIDENTIAL (UP TO 3 UNITS/ACRE), AND APPROXIMATELY 1.04 ACRES ALONG THE WEST SIDE OF AIA OF GOVERNMENT LOT 1 OF TOWNSHIP 31 S RANGE 39E FROM C-2, CONSERVATION -2 (UP TO 1 UNIT/40 ACRES), TO C-15 CONSERVATION (0 UNITS/ACRE) WHEREAS, the Board of County Commissioners adopted the Indian River County •'111 k1k A • 11 1 • Comprehensive Plan on February 13, 1990, and WHEREAS, the county received comprehensive plan amendment applications during its July 2001 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on May 8, 2003, after due public notice, and WHEREAS, the Local Planning Agency made a recommendation regarding this comprehensive plan amendment to the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on June 10, 2003, after advertising pursuant to F.S. 163.3184(15)(b) 1 and (c), and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to the Florida Department of Community Affairs to the Florida Department of Community Affairs with no request for State review pursuant to F.S.163.3184, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of this plan amendment, and WHEREAS, the Florida Department of Community Affairs received this Comprehensive Plan Amendment on June 24, 2003, and WHEREAS, Indian River County received the concurrence letter dated July 30, 2003, from the Florida Department of Community Affairs that the amendment does not require state review, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on September 2, 2003, after advertising pursuant to Chapter 163.3184(15)(b)2 and (c), FS and Chapter 12 )900(4), FS; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian n River County, Florida, that: 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 three (3) copies are directed to be transmitted to the State of Florida Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. SECTION 2. Amendments to the Comprehensive Plan The following described properties situated in Indian River County, Florida: ALL THAT PART OF THE FOLLOWING TRACTS AS SITUATED IN AND SHOWN ON THE "PLAT OF FELLSMERE FARMS COMPANY'S SUBDIVISION OF UNSURVEYED TOWNSHIP 31 SOUTH, OF RANGE 36 EAST IN ST. LUCIE COUNTY, STATE OF FLORIDA", RECORDED IN PLAT BOOK 2, PAGE 9, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA (NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA), DESCRIBED AS FOLLOWS: TRACT 115, LESS AND EXCEPTING THE WEST 150 FEET THEREOF; TRACTS 116 THROUGH TRACT 121, BOTH INCLUSIVE; TRACT 122, LESS AND EXCEPTING THE EAST 120 FEET THEREOF. TRACT 215, LESS AND EXCEPTING THE WEST 150 FEET THEREOF; TRACTS 216 THROUGH 221, BOTH INCLUSIVE; TRACT 222, LESS AND EXCEPTING THE NORTH 192.44 FEET OF THE EAST 120 FEET THEREOF. TRACT 315, LESS AND EXCEPTING THE WEST 150 FEET THEREOF; TRACTS 316 THROUGH 322, BOTH INCLUSIVE. TRACT 415, LESS AND EXCEPTING THE WEST 150 FEET THEREOF; TRACTS 416 THROUGH 422, BOTH INCLUSIVE. TRACT 515, LESS AND EXCEPTING THE WEST 150 FEET THEREOF, TRACTS 516 THROUGH 522, BOTH INCLUSIVE. TRACT 615, LESS AND EXCEPTING THE WEST 150 FEET THEREOF; TRACTS 616 THROUGH 622, BOTH INCLUSIVE. TRACT 715, LESS AND EXCEPTING THE WEST 150 FEET THEREOF, TRACTS 716 THROUGH 722, BOTH INCLUSIVE. TRACT 815, LESS AND EXCEPTING THE WEST 150 FEET THEREOF, TRACTS 816 .ORDINANCE NO. 2003- 029 THROUGH 822, BOTH INCLUSIVE. TRACT 915, LESS AND EXCEPTING THE WEST 150 FEET THEREOF, TRACTS 916 THROUGH 822, BOTH INCLUSIVE. TRACT 1015, LESS AND EXCEPTING THE WEST 150 FEET THEREOF, TRACTS 1016 THROUGH 1022, BOTH INCLUSIVE. TRACT 1115, LESS AND EXCEPTING THE WEST 150 FEET THEREOF, TRACTS 1116 THROUGH 1122, BOTH INCLUSIVE. TRACT 1215, LESS AND EXCEPTING THE WEST 150 FEET THEREOF, TRACTS 1216 THROUGH 1222, BOTH INCLUSIVE. ALL THAT PART OF LOTS 1 THROUGH 8 LOCATED WITHIN TRACT 1315, AS SHOWN ON THE PLAT OF FELLSMERE FARMS COMPANY'S RESUBDIVISION OF TRACTS 1314, 1315 AND 1316, RECORDED IN PLAT BOOK 3, PAGE 39, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING THE WEST 100 FEET OF LOTS 4 AND 5, AND LESS AND EXCEPTING THAT PORTION THEREOF PREVIOUSLY CONVEYED BY FELLSMERE JOINT VENTURE TO ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT AS DESCRIBED IN QUIT CLAIM DEED RECORDED IN OFFICIAL RECORD BOOK 1472, PAGE 547, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND LESS AND EXCEPTING THAT PORTION OF LOTS 5 AND 6 IN TRACT 1315 OF SAID FELLSMERE FARMS COMPANY'S RESUBDIVISION OF TRACTS 1314, 1315 AND 1316 (CONTAINING FELLSMERE JOINT VENTURE PUMP STATION NO, 4 SITE) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 5 IN TRACT 1315 AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY OF RAILROAD/CANAL (SUB - LATERAL Q-13) AND THE EAST RIGHT-OF-WAY OF LATERAL "Q" CANAL AS SHOWN ON SAID PLAT BOOK 2, PAGE 9, PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA; THENCE RUN S 89 DEGREES 26' 14" EAST ALONG THE NORTH RIGHT-OF- WAY OF THE RAILROAD/CANAL A DISTANCE OF 300 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 00 DEGREES, 30'09" EAST, A DISTANCE OF 70 FEET; THENCE RUN S 89 DEGREES 26' 14" EAST, A DISTANCE OF 115 FEET; THENCE RUN SOUTH 00 DEGREES 20 09" WEST, A DISTANCE OF 70 FEET TO THE NORTH RIGHT OF WAY OF RAILROAD/CANAL (SUB -LATERAL Q43) THENCE RUN N 89 DEGREES 26' 14" WEST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 115 FEET TO THE POINT OF BEGINNING, ALL OF LOTS 1 THROUGH 10 LOCATED WITHIN TRACT 1316 AS SHOWN ON THE PLAT OF FELLSMERE FARMS COMPANY RESUBDIVISION OF TRACTS 1314, 1315 AND 1316, RECORDED IN PLAT BOOK 3, PAGE 39, PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA. TRACTS 1317 THROUGH TRACT 1322, BOTH INCLUSIVE. ORDINANCE NO. 2003- 029 Comprising approximately 3,891 acres, are redesignated from AG -2, Agriculture -2 (up to 1 unit/10 acres), to C4, Conservation -1 (zero density) TRACTS 1216, 1217, 1218, AND 1219 OF TOWNSHIP 32 SOUTH, RANGE 37 EAST, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA Comprising approximately 160 acres, are redesignated from AG -2, Agriculture -2 (up to 1 unit/10 acres), to C4, Conservation -1 (zero density) PARCEL 1 THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 31 SOUTH, RANGE 35 EAST, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PARCEL 2 THE WEST HALF OF SECTION 6 LESS THE NORTH 308.67 ACRES THEREOF; THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 7 AND THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, ALL OF THE FOREGOING LYING, SITUATE AND BEING IN TOWNSHIP 31 SOUTH, RANGE 35 EAST, INDIAN RIVER COUNTY, FLORIDA. PARCEL 3 THE NORTH 308.67 ACRES .OF THE WEST HALF OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 35 EAST, LESS AND EXCEPTING THEREFROM COUNTY ROAD RIGHT-OF-WAY LYING ALONG THE NORTH BOUNDARY LINE AND ALSO LESS AND EXCEPT PROPERTY CONVEYED TO THE ST. JOHNS WATER MANAGEMENT DISTRICT BY QUIT CLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 634, PAGE 103, PUBLIC. RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PARCEL 4 THE NORTHWEST QUARTER AND THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 35 EAST, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PARCEL 5 THE SOUTHWEST QUARTER AND THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 31 SOUTH, RANGE 35 EAST, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. Comprising approximately 960 acres, are redesignated from AG -3, Agriculture -3 (up to 1 unit/20 acres), to C-1, Conservation -1 (zero density) AND ALL THAT PORTION OF THE SOUTHEAST '/4 OF THE SOUTHWEST '/4 OF SECTION 30, TOWNSHIP 33 SOUTH, RANGE 40 EAST, LYING WEST OF THE FLORIDA EAST COAST RAILWAY; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT ROAD RIGHT OF WAY FOR OLD DIXIE HIGHWAY, AS IT PRESENTLY EXISTS. ALL THAT PORTION OF THE NORTHEAST '/4 OF THE NORTHWEST OF SECTION 315 TOWNSHIP 33 SOUTH, RANGE.40 EAST, LYING WEST OF THE RIGHT OF WAY FOR OLD DIXIE HIGHWAY AND LESS THE 5 ACRE PARCEL CONVEYED TO THE INDIAN RIVER COUNTY HISTORICAL SOCIETY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 1341, PAGE 776, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE NORTH '/20F THE NORTHEAST '/4 OF THE NORTHWEST '/4 LYING EAST OF THE EASTERLY RIGHT OF WAY FOR OLD DIXIE HIGHWAY AND WEST OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY, SECTION 31, TOWNSHIP 33 SOUTH, RANGE 40 EAST, SAID LANDY LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. THAT PART OF THE NORTH '/z OF THE NORTHWEST '/4 OF THE NORTHEAST 1/4 , LYING WEST OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY, SECTION 31, TOWNSHIP 33 SOUTH, RANGE 40 EAST, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. THE NORTH 250 FEET OF THE SOUTH '/2 OF THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF SECTION 31, TOWNSHIP 33 SOUTH, RANGE 40 EAST, LYING WEST OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. ORDINANCE NO. 2003- 029 THE NORTH 250 FEET OF THE SOUTH '/2 OF THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF SECTION 31, TOWNSHIP 33 SOUTH, RANGE 40 EAST, LYING EAST OF THE EAST RIGHT OF WAY OF OLD DIXIE HIGHWAY; SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. TOGETHER WITH (WEST PARCEL): LEGAL DESCRIPTION: ALL OF TRACT A. FIRST REPLAT IN VERO BEACH HIGHLANDS, UNIT 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 40 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID LANDS LYING IN INDIAN: RIVER COUNTY, FLORIDA. Comprising approximately 93 acres, of which 15.4 acres are designated C/I, Commercial/Industrial, and 77.6 acres are designated L-2, Low Density Residential -2 (up to 6 units/acre), are redesignated to C4, Conservation4 (zero density) ALL OF GOVERNMENT LOT 1, SECTION 33, TOWNSHIP 33 SOUTH, RANGE 40 EAST, AND THE SOUTH 2/3 OF PART OF GOVERNMENT LOT 1, SECTION 34, TOWNSHIP 33 SOUTH, RANGE 40 EAST, LYING SOUTH OF THE NORTH 986.96 FEET OF SAID GOVERNMENT LOT 1, AND LYING WEST OF STATE ROAD AIA, SAID PROPERTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOT 1, RUN SOUTH ALONG THE WEST LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 1099.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH ALONG SAID WEST LINE A DISTANCE OF 224.25 FEET TO THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 1; THENCE WITH AN INTERIOR ANGLE OF 890289371 RUN EAST ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 1677.21 FEET TO THE WEST RIGHT OF WAY OF STATE ROAD AIA; THENCE WITH AN INTERIOR ANGLE OF 75°20'00", RUN NORTHWESTERLY ALONG THE WEST RIGHT OF WAY OF STATE ROAD AIA A DISTANCE OF 233.89 FEET; THENCE WITH AN INTERIOR ANGLE OF 104°43'44, RUN WEST A DISTANCE OF 1615.94 FEET TO THE POINT OF BEGINNING ON THE WEST LINE OF SAID GOVERNMENT LOT 1. LESS AND EXCEPT THE NORTH 400 FEET OF THE SOUTH 624.25 FEET OF THE EAST 272.25 FEET OF GOVERNMENT LOT 1, SECTION 33, TOWNSHIP 33 SOUTH, RANGE 40 EAST, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PORTIONS OF KANSAS CITY COLONY SUBDIVISION, LOTS 1, 25 3 AND 4, LYING WEST OF STATE ROAD AIA, ACCORDING TO THE PLAT THEREOF, RECORDED IN ORDINANCE NO. 2003- 029 PLAT BOOK 4, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS STATE ROAD AIA RIGHT-OF-WAY. THE NORTH 60 FEET OF GOVERNMENT LOT 2, SECTION 33, TOWNSHIP 33 SOUTH, RANGE 40 EAST, AND THE NORTH 60 FEET OF GOVERNMENT LOT 2, SECTION 34, TOWNSHIP 33 SOUTH, RANGE 40 EAST, LYING WESTERLY OF STATE ROAD AIA; SAID LANDS LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. Comprising approximately 102 acres, of which 77 acres are designated C-2, conservation -2 (up to 1 unit/40 acres), and 25 acres are designated L4, Low Density Residential4 (up to 3 units/acre), are redesignated to C4, Conservation4 (zero density) A PORTION OF GOVERNMENT LOT THREE, SECTION 3, TOWNSHIP 31 SOUTH, RANGE 39 EAST AND ALL OR A PORTION OF GOVERNMENT LOTS ONE, TWO, THREE, FOUR, SIX, SEVEN AND EIGHT, SECTION 10, TOWNSHIP 31 SOUTH, RANGE 39 EAST. MORE PARTICULARY DESCRIBED AS FOLLOWS: (ALL OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 03 31 39 00000.0030.00005.1) THE WEST 485.1 FEET OF THE SOUTH 15 ACRES OF THE WEST 30 ACRES OF GOVERNMENT LOT THREE, SECTION 3, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS OLD STATE ROAD AIA (AKA JUNGLE TRAIL) RIGHT OF WAY AS ESTABLISHED ALONG THE WESTERLY BOUNDARY THEREOF, TOGETHER WITH THE FOLLOWING PARCELS AS DESCRIBED: (ALL OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 03 3139 00000.0030.00005.0) THE SOUTH 1/2 OF THE WEST 30 ACRES OF GOVERNMENT LOT THREE, SECTION 3, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS THE WEST 485.1 FEET THEREOF. (ALL OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 10 3139 00000.0020.00001.1) THE WEST 485.3 FEET OF GOVERNMENT LOT TWO, SECTION 10, TOWNSHIP 31 SOUTH, RANGE 39 EAST. LESS OLD STATE ROAD AlA (AKA JUNGLE TRAIL) RIGHT OF WAY AS ESTABLISHED ALONG THE WESTERLY BOUNDARY THEREOF. ORDINANCE NO, 2003- 029 (ALL OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 10 31 39 00000.0020.00001.0) ALL OF GOVERNMENT LOT TWO, SECTION 10 TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS THE WEST 485.3 FEET THEREOF. (A PORTION OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 10 31 39 00000.0010.00003.0) THE SOUTH 90.7 FEET OF THE NORTH 181.4 FEET OF GOVERNMENT LOT ONE, SECTION10, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AS RECORDED IN DEED BOOK 93, PAGE 217; LESS THE 100 FEET RIGHT OF WAY OF STATE ROAD AlA, AS RECORDED IN RECORD BOOK 36, PAGE 178, INDIAN COUNTY RECORDS. LESS: ALL THE LANDS WITHIN SAID PARCEL LYING EASTERLY OF STATE ROAD AIA AS RECORDED IN RECORD BOOK 36, PAGE 178, INDIAN RIVER COUNTY RECORDS. (All OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 10 31 39 00000.0010.00005.0) THE SOUTH 272.1 FEET OF THE NORTH 544.2 FEET OF GOVERNMENT LOT ONE, SECTION10, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AS RECORDED IN DEED BOOK 93, PAGE 215; LESS THE RIGHT OF WAY STATE ROAD AIA AS RECORDED IN RECORD BOOK 37, PAGE 547, INDIAN COUNTY RECORDS. (A PORTION OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 10 3139 00000.0010.00006.0) THE SOUTH 90.7 FEET OF THE NORTH 634.9 FEET OF GOVERNMENT LOT ONE, SECTION 10, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AS RECORDED IN DEED BOOK 93, PAGE 221, LESS THE RIGHT OF WAY FOR STATE ROAD AIA, AS RECORDED IN RECORD BOOK 42, PAGE 295, INDIAN COUNTY RECORDS, LESS: ALL THE LANDS WITHIN SAID PARCEL LYING EASTERLY OF STATE ROAD AlA AS RECORDED IN RECORD BOOK 42, PAGE 295, INDIAN RIVER COUNTY RECORDS. (A PORTION OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 10 3139 00000.0010.00007.0) THE SOUTH 90.7 FEET OF THE NORTH 725.6 FEET OF GOVERNMENT LOT ONE, SECTION 10, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AS RECORDED IN DEED BOOK 93, PAGE 211, LESS THE RIGHT OF WAY FOR STATE ROAD AIA, AS RECORDED IN RECORD BOOK 42, PAGE 295, INDIAN COUNTY RECORDS. LESS: ALL THE LANDS WITHIN SAID PARCEL LYING EASTERLY OF STATE ROAD AIA AS RECORDED IN RECORD BOOK 42, PAGE 295, INDIAN RIVER COUNTY RECORDS. (ALL OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 10 3139 00000.0030.00001.1) THE WEST 485.29 FEET OF GOVERNMENT LOT THREE, SECTION 10, TOWNSHIP 31 ORDINANCE NO. 2003- 029 SOUTH, RANGE 39 EAST, LESS AND EXCEPTING THE SOUTH 410.0 FEET THEREOF, LESS: THE OLD STATE ROAD AIA (AKA JUNGLE TRAIL) RIGHT OF WAY AS ESTABLISHED ALONG THE WESTERLY BOUNDARY THEREOF. (ALL OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 10 3139 00000.0030.00001.0) GOVERNMENT LOT THREE, SECTION 10, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS THE WEST 485.29 FEET AND ALSO LESS AND EXCEPTING THE SOUTH 410.0 FEET THEREOF. (ALL OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 10 31 39 00000.0040.00001.0) GOVERNMENT LOT FOUR, SECTION 10, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING WEST OF STATE ROAD AIA, LESS THE SOUTH 410.0 FEET AND ALSO LESS THE FOLLOWING DESCRIBED PARCEL: BEGIN AT THE NW CORNER OF GOVERNMENT LOT FOUR; RUN N 88 DEG. 44 MIN, 59 SEC. E ALONG THE NORTH LINE OF SAID GOVERNMENT LOT FOUR, 735.41 FEET TO THE WEST RIGHT OF WAY OF STATE ROAD AIA (100 FOOT RIGHT OF WAY); THENCE RUN S 26 DEG, 46 MIN, 10 SEC, E ALONG THE SAID RIGHT OF WAY, 8.11.26 FEET; THENCE RUN S 88 DEG. 44 MIN, 59 SEC. W ALONG A LINE PARALLEL WITH THE AFOREMENTIONED NORTH LINE, 735.41 FEET; THENCE RUN N 26 DEG. 46 MIN. 10 SEC. W, 811.26 FEET TO THE POINT OF BEGINNING . (ALL OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 10 3139 00000.0060.00001.0) THAT PART OF GOVERNMENT LOT SIX, SECTION 10, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING WEST OF STATE ROAD AIA RIGHT OF WAY, LESS THE FOLLOWING DESCRIBED PARCEL: BEGIN AT THE INTERSECTION OF THE NORTHERN BOUNDARY OF GOVERNMENT LOT SIX AND THE WEST RIGHT OF WAY LINE OF STATE ROAD AlA; THENCE SOUTHERLY 679.38 FEET ALONG SAID RIGHT OF WAY; THENCE WEST 439.57 FEET TO THE INTERSECTION OF THE WESTERN BOUNDARY OF GOVERNEMENT LOT SIX; THENCE NORTHERLY ALONG SAID BOUNDARY 608.0 FEET TO THE NW CORNER OF GOVERNMENT LOT SIX; THENCE EASTERLY 133.54 FEET TO THE POINT OF BEGINNING. (ALL OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 10 31 39 00000.0030.00002.0) THE SOUTH 410 FEET OF GOVERNMENT LOTS THREE AND FOUR, SECTION 109 TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS STATE ROAD HIGHWAY AIA RIGHT OF WAY (OFFICIAL RECORD BOOK 425, PAGE 127) TOGETHER WITH GOVERNMENT LOTS SEVEN AND EIGHT, SECTION 10, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS THE JUNGLE TRAIL RIGHT OF WAY AS ESTABLISHED ALONG THE WESTERLY •RDINANCE NO,11 1 • AND/OR PRESENT ENCUMBRANCES THAT MAY EXIST ON OR SUROUNDING SAID PORTIONS OF GOVERNMENT LOT ONE AND TWO,SECTION 3, TOWNSHIP 31 SOUTH, RANGE 39 EAST, ALL SAID DESCRIBED LANDS LYING IN INDIAN RIVER COUNTY, FLORIDA. PORTIONS OF GOVERNMENT LOT ONE SECTION 39 TOWNSHIP 31 SOUTH, RANGE 39 EAST; GOVERNMENT LOT THREE SECTION 4, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AND GOVERNMENT LOT 1, SECTION 10, TOWNSHIP 31 SOUTH, RANGE 39 EAST, MORE PARTICULARY DESCRIBED AS FOLLOWS: (ALL OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 03 3139 00000.0010.00006.0) PART OF GOVERNMENT LOT ONE SOUTH OF THE NORTH LINE OF GOVERNMENT LOT THREE, SECTION 4, TOWNSHIP 31 SOUTH, RANGE 39 EAST, EXTENDED TO THE ATLANTIC OCEAN; LESS THE SOUTH 715.44 FEET OF GOVERNMENT LOT ONE, SECTION 3, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AS RECORDED IN DEED BOOK 109, PAGE 247 INDIAN RIVER COUNTY RECORDS; LESS THE 100 FOOT RIGHT OF WAY FOR STATE ROAD AIA AS RECORDED IN RECORD BOOK 41, PAGE 387 (OFFICIAL RECORDS BOOK 425, PAGE 551) INDIAN RIVER COUNTY RECORDS, TOGETHER WITH THE FOLLOWING PARCELS AS DESCRIBED: (A PORTION OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 03 3139 00000.0010.00007.0) THE NORTHERLY 178.86 FEET OF THE SOUTHERLY 715.44 FEET OF GOVERNMENT LOT ONE, SECTION 3, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AS RECORDED IN RECORD BOOK 10, PAGE 599; LESS THE 100 FEET STATE ROAD AIA RIGHT OF WAY AS RECORDED IN RECORD BOOK 40, PAGE 358 (OFFICIAL RECORDS BOOK 4181 PAGE 13) INDIAN COUNTY RECORDS. LESS: ALL THE LANDS WITHIN SAID PARCEL LYING WESTERLY OF STATE ROAD AIA AS RECORDED IN RECORD BOOK 40 PAGE 358 (OFFICIAL RECORDS BOOK 418, PAGE 13) INDIAN COUNTY RECORDS. (All OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 10 3139 00000.0010.00005.0) THE SOUTH 272.1 FEET OF THE NORTH 544.2 FEET OF GOVERNMENT LOT ONE, SECTION10, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AS RECORDED IN DEED BOOK ORDINANCE NO, 2003- 029 93, PAGE 215; LESS THE RIGHT OF WAY STATE ROAD AIA AS RECORDED IN RECORD BOOK 37, PAGE 547, INDIAN COUNTY RECORDS. (A PORTION OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 03 31 3 9 00000.0010.00008.0) THE SOUTHERLY 178.86 FEET, OF THE NORTHERLY 357.72 FEET, OF THE SOUTHERLY 715.44 FEET OF GOVERNMENT LOT ONE, SECTION 3, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AS RECORDED IN DEED BOOK 109, PAGE 164, INDIAN RIVER COUNTY RECORDS; LESS THE 100 FEET STATE ROAD AIA RIGHT OF WAY AS RECORDED IN RECORD BOOK 40, PAGE 92, INDIAN COUNTY RECORDS. LESS: ALL THE LANDS WITHIN SAID PARCEL LYING WESTERLY OF STATE ROAD AIA AS RECORDED IN RECORD BOOK 40 PAGE 92, INDIAN RIVER COUNTY RECORDS. (A PORTION OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 03 31 39 00000.0020.00003.0) THE SOUTH 91.70 FEET OF THE NORTH 167.82 FEET OF GOVERNMENT LOT 2, SECTION 3, TOWNSHIP 31 SOUTH, RANGE 39 EAST; LESS THE RIGHT OF WAY FOR STATE ROAD AIA AS RECORDED IN RECORD BOOK 44, PAGE 470, INDIAN RIVER COUNTY RECORDS. LESS: ALL THE LANDS WITHIN SAID PARCEL LYING WESTERLY OF STATE ROAD AIA AS RECORDED IN RECORD BOOK 44, PAGE 470, INDIAN RIVER COUNTY RECORDS. (A PORTION OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 10 31 39 00000.0010.00003.0) THE SOUTH ` 90.7 FEET OF THE NORTH 181.4 FEET OF GOVERNMENT LOT ONE, SECTION10, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AS RECORDED IN DEED BOOK 93, PAGE 217; LESS THE 100 FEET RIGHT OF WAY OF STATE ROAD AIA, AS RECORDED IN RECORD BOOK 36, PAGE 178, INDIAN COUNTY RECORDS, LESS: ALL THE LANDS WITHIN SAID PARCEL LYING WESTERLY OF STATE ROAD AlA AS RECORDED IN RECORD BOOK 36, PAGE 178, INDIAN RIVER COUNTY RECORDS. (A PORTION OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 10 31 39 00000.0010.00006.0) THE SOUTH 90.7 FEET OF THE NORTH 634.9 FEET OF GOVERNMENT LOT ONE, SECTION 10, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AS RECORDED IN DEED BOOK 93, PAGE 221, LESS THE RIGHT OF WAY FOR STATE ROAD AIA, AS RECORDED IN RECORD BOOK 42, PAGE 295, INDIAN COUNTY RECORDS. LESS: ALL THE LANDS WITHIN SAID PARCEL LYING WESTERLY OF STATE ROAD AlA AS RECORDED IN RECORD BOOK 42, PAGE 295, INDIAN RIVER COUNTY RECORDS. i ORDINANCE NO. 2003- 029 A PORTION OF GOVERNMENT LOT THREE, SECTION 3, TOWNSHIP 31 SOUTH, RANGE 39 EAST. MORE PARTICULARY DESCRIBED AS FOLLOWS: (ALL OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 03 31 39 00000.0030.00004.0) THE WEST 460 FEET OF THE NORTH 15 ACRES OF THE WEST 30 ACRES OF GOVERNMENT LOT THREE, SECTION 3, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS OLD STATE ROAD AIA (AKA JUNGLE TRAIL) RIGHT OF WAY AS ESTABLISHED ALONG THE WESTERLY BOUNDARY THEREOF. TOGETHER WITH THE FOLLOWING PARCEL AS DESCRIBED: (ALL OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 03 31 39 00000.0030.00003.0) THE NORTH 1/2 OF THE WEST 30 ACRES OF GOVERNMENT LOT THREE, LYING WEST OF STATE ROAD HIGHWAY AIA. LESS THE WEST 460 FEET THEREOF. ALL LANDS AND/OR PARCELS DESCRIBED HEREON ARE SUBJECT TO PAST AND/OR PRESENT ENCUMBRANCES THAT MAY EXIST ON OR SUROUNDING SAID LANDS AND CAN BE FOUND IN PUBLIC RECORDS. ALL SAID DESCRIBED LANDS LYING IN INDIAN RIVER COUNTY, FLORIDA. Comprising approximately 239 acres, are redesignated from L-1, Low Density Residential - 1 (up to 3 units/acre), to C4, Conservation4 (zero density) (A PORTION OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 10 31 39 00000.0010.00007.0) THE SOUTH 90,7 FEET OF THE NORTH 725.6 FEET OF GOVERNMENT LOT ONE, SECTION 10, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AS RECORDED IN DEED BOOK 93, PAGE 211, LESS THE RIGHT OF WAY FOR STATE ROAD AIA, AS RECORDED IN RECORD BOOK 42, PAGE 295, INDIAN COUNTY RECORDS. LESS: ALL THE LANDS WITHIN SAID PARCEL LYING WESTERLY OF STATE ROAD AIA AS RECORDED IN RECORD BOOK 42, PAGE 295, INDIAN RIVER COUNTY RECORDS, ALL LANDS AND/OR PARCELS DESCRIBED HEREON ARE SUBJECT TO PAST AND/OR PRESENT ENCUMBRANCES THAT MAY EXIST ON OR SUROUNDING SAID LANDS AND CAN BE FOUND IN PUBLIC RECORDS, MORE PARTICULARY DESCRIBED AS FOLLOWS. N ORDINANCE NO. 2003- 029 00000.0010.00007.0) THE NORTHERLY 178.86 FEET OF THE SOUTHERLY 715.44 FEET OF GOVERNMENT LOT ONE, SECTION 3, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AS RECORDED IN RECORD BOOK 10, PAGE 599; LESS THE 100 FEET STATE ROAD AIA RIGHT OF WAY AS RECORDED IN RECORD BOOK 40, PAGE 358 (OFFICIAL RECORDS BOOK 418, PAGE 13) INDIAN COUNTY RECORDS. LESS: ALL THE LANDS WITHIN SAID PARCEL LYING EASTERLY OF STATE ROAD AIA AS RECORDED IN RECORD BOOK 40 PAGE 358 (OFFICIAL RECORDS BOOK 418, PAGE 13) INDIAN COUNTY RECORDS. TOGETHER WITH THE FOLLOWING PARCELS AS DESCRIBED: (A PORTION OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 03 31 39 00000.0010.00008.0) THE SOUTHERLY 178.86 FEET, OF THE NORTHERLY 357.72 FEET, OF THE SOUTHERLY 715.44 FEET OF GOVERNMENT LOT ONE, SECTION 3, TOWNSHIP 31 SOUTH, RANGE 39 EAST; AS RECORDED IN DEED BOOK 109, PAGE 164, INDIAN. RIVER COUNTY RECORDS; LESS THE 100 FEET STATE ROAD AIA RIGHT OF WAY AS RECORDED IN RECORD BOOK 40, PAGE 92, INDIAN COUNTY RECORDS, LESS: ALL THE LANDS WITHIN SAID PARCEL LYING EASTERLY OF STATE ROAD AIA AS RECORDED IN RECORD BOOK 40 PAGE 92, INDIAN RIVER COUNTY RECORDS. (A PORTION OF INDIAN RIVER COUNTY TAX FOLIO PARCEL NUMBER 03 3139 00000.0020.00003.0) THE SOUTH 91.70 FEET OF THE NORTH 167.82 FEET OF GOVERNMENT LOT 2, SECTION 3, TOWNSHIP 31 SOUTH, RANGE 39 EAST; LESS THE RIGHT OF WAY FOR STATE ROAD AIA AS RECORDED IN RECORD BOOK 44, PAGE 470, INDIAN RIVER COUNTY RECORDS, LESS: ALL THE LANDS WITHIN SAID PARCEL LYING EASTERLY OF STATE ROAD AIA AS RECORDED IN RECORD BOOK 44, PAGE 470, INDIAN RIVER COUNTY RECORDS, ALL LANDS AND/OR PARCELS DESCRIBED HEREON ARE SUBJECT TO PAST AND/OR PRESENT ENCUMBRANCES THAT MAY EXIST ON OR SUROUNDING SAID LANDS AND CAN BE FOUND IN PUBLIC RECORDS, ALL SAID LANDS LYING IN INDIAN RIVER COUNTY, FLORIDA. Comprising approximately 1.04 acres, are redesignated from C-2, Conservation=2 (up to 1 unit/40 acres), to G1, Conservation4 (zero density) 0 ORDINANCE NO. 2003- 029 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 ordinance, and therefore, this plan amendment, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. 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 at a public meeting after public notice of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. This ordinance was advertised in the Press -Journal on the 21 st day of August, 2003, for a public hearing to be held on the 2nd day of September, 2003, at which time it was moved for adoption by Commissioner Neuberger seconded by Commissioner Ginn and adopted by the following vote: Chairman Kenneth R. Macht Aye Vice -Chairman Caroline D. Ginn Aye Commissioner Fran B. Adams Aye Commissioner Arthur R. Neuberger Aye CommissionerThomas S. Lowther Aye 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 ordinance, and therefore, this plan amendment, shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. 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 at a public meeting after public notice of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. This ordinance was advertised in the Press -Journal on the 21 st day of August, 2003, for a public hearing to be held on the 2nd day of September, 2003, at which time it was moved for adoption by Commissioner Neuberger seconded by Commissioner Ginn and adopted by the following vote: Chairman Kenneth R. Macht Aye Vice -Chairman Caroline D. Ginn Aye Commissioner Fran B. Adams Aye Commissioner Arthur R. Neuberger Aye CommissionerThomas S. Lowther Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY .^Fay 2 f BY ,T. Grr w Kenneth R. Mach t, Chairman A ATTEST,BY ; / u�:, Jeffrey K: B k ori;' Cl k ,r CJ Acknowledgment by theDepartmentof State of the State of Florida this day o , 2003. f £ ' Acknowledgmerit 'from the Department of State received on this LXVay of 920035 at A.M./P.M. and filed in the office of the Clerk of the Board of Coun dissionersC t of Indian River County, Florida. William G. Collins II, County Attorney Director F1Community Development\Users\LONG RAN GE\CompPlan\LUDA\Conservation 2003\Model LUDA Ordinance.doc