The URL can be used to link to this page

Home My WebLink About2012-031ORDINANCE NO. 2012-031 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR ± 1,171.45 ACRES OWNED BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD) (±531.68 ACRES LOCATED SOUTH OF CITY OF FELLSMERE AND 3 '/Z MILES NORTH OF S.R. 60, AND ±639.77 ACRES LOCATED 1 '/2 MILES NORTH OF S.R. 60 AND 3 MILES WEST OF I-95), FROM AG -2, AGRICULTURAL -2 (UP TO 1 UNIT /10 ACRES), TO C-1, CONSERVATION4 (ZERO )ENSITY); AND TO rREDESIGNATE ±350 ACRES OWNED BY INDIAN RIVER COUNTY LOCATED WEST OF BLUE CYPRESS LAKE AND APPROXIMATELY 6 %2 MILES NORTH OF S.R. 60, FROM AG -3, AGRICULTURAL -3 (UP TO 1 IT ACRES), TO C4, CONSERVATION4 (ZERO DENSITY) AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the County received the subject comprehensive plan amendment application during its January 2012 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on April 26, 2012, after due public notice, and WHEREAS, the Local Planning Agency recommended that the Board of County Commissioners transmit the subject comprehensive plan amendment to State and Regional review agencies; and WHEREAS, the Board of County Commissioners of Indian River County held a Transmitt al Public Hearing on May 22, 2012, after due public notice, and WHEREAS, the Board of County Commissioners approved the transmitt al of this comprehensive plan amendment to State and Regional review agencies, 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 Comprehensive Plan Amendment was transmitt ed to State and Regional review agencies on May 24, 2012, and WHEREAS, State and Regional review agencies had no objections concerning this Future Land Use Map Amendment, and 1 ORDINANCE NO. 2012- 031 WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption Public Hearing on July 17, 2012, after due public notice. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian 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 the Board of County Commissioners directs staff to transmit copies of the amendment to appropriate State and Regional review agencies. SECTION 2. Amendment to the Comprehensive Plan Property 1 To change the Future Land Use Map designation from AG -2, Agricultural -2 (up to 1 unit /10 acres), to C-1, Conservation -1 (0 units/acre), for the following described property situated in Indian River County, Florida: FELLSMERE FARMS CO SUB TRS 1100 TO 11 14 LESS N 55 FT & LESS E 2.8 A OF TR 1107 The above described premises contain 531.68 acres, more or less. Subject to all easements, right- of-way of record, conditions, and restrictions as contained within the chain of title. All lying and being in Indian River County, Florida. Property 2 To change the Future Land Use Map designation from AG -2, Agricultural -2 (up to 1 unit /10 acres), to C-1, Conservation -1 (0 units/acre), for the following described property situated in Indian River County, Florida: FELLSMERE FARMS CO SUB TRACTS 1720, 1721, 1722 & 1723 FELLSMERE FARMS CO SUB TRACTS 1820, 1821, 1822 & 1823 FELLSMERE FARMS CO SUB, COM AT SW COR OF SEC 30 TWP 32 S RG 38 E; TH RUN N 00 DEG 26 MIN 45 SEC E, ALONG W BOUNDARY OF SAID SEC, ALSO BEING E BOUNDARY OF FELLSMERE FARMS PLAT, A DIST OF 165.27 FT TO SE COR OF TR 2023 OF SAID PLAT FOR POB; TH CONT N 00 DEG 26 MIN 4 5 SEC E ALONG E BOUNDARY LINE OF SAID PLAT, BEING THE E LINE OF TRS 2023 & 1923 & NLY EXTS THEREOF, A DIST OF 2660.0 FT TO SE :OR OF TR 1823; TH LEAVING SAID E BOUNDARY RUN N 89 DEG 29 MIN 33 SEC W ALONG 2 ORDINANCE NO. 2012- 031 S LINE OF TRS 1823, 1822, 1821 & 1820 A DIST OF 5444.91 FT TO SW COR OF TR 1820; TH LEAVING SAID S LINE, RUN S 00 DEG 27 MIN 21 SEC W. ALONG W LINE OF TRS 1920 & 2020 & NLY EXT THEREOF, A DIST OF 2660.00 FT TO SW COR OF TR 2020; TH LEAVING SAID W LINE, RUN S 89 DEG 29 MIN 33 SEC E. ALONG S LINE OF TRS 2020, 20215 2022 & 2023 A DIST OF 5445.36 FT TO POB. The above described premises contain 639.77 acres, more or less. Subject to all easements, right -of --way of record, conditions and restrictions as contained with the chain of title. All lying and being in Indian River County, Florida. Property 3 To change the Future Land Use Map designation from AG -3, Agricultural -3 (up tol unit /20 acres), to C-1, Conservation -1 (0 units/acre), for the following described property situated in Indian River County, Florida: A PORTION OF THE FOLLOWING DESCRIBED PARCEL OF LAND, AS RECORDED IN OFFICIAL RECORDS BOOK 821, PAGE 1831 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. "PARCEL 9: LOTS AA, BB AND CC IN UNSURVEYED TOWNSHIP, RANGE 36 EAST, OF THE FELLSMERE FARMS COMPANY'S SUBDIVISION." BEING DESCRIBED AS FOLLOWS: THE NORTH 350 ACRES OF LOT AA ACCORDING TO "PLAT OF FELLSMERE FARM COMPANY'S RE -SUBDIVISION OF LOTS C & D; OF FELLSMERE FARMS COMPANY'S SUBDIVISION OF UNSURVEYED TOWNSHIP 31 SOUTH OF RANGE 36 EAST IN ST. LUCIE COUNTY, STATE OF FLORIDA, SAID LOTS C & D BEING SHOWN UPON THE PLAT OF SAID SUBDIVISION DATED NOV. 18, 1912, AND RECORDED AMONG THE PUBLIC RECORDS OF SAID COUNTY, ON THE 9TH DAY OF DECEMBER A.D. 19121 IN PLAT BOOK 2, ON PAGE 9", AS RECORDED IN PLAT BOOK 2, PAGES 3 AND 4, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA SAID LOT AA ALSO BEING DEPICTED ON THE UNRECORDED PLAT 'PLAT NO. 5, INDIAN RIVER COUNTY, FLORIDA, TOWNSHIP 31 S., RANGE 36E." AS FILED IN THE OFFICE OF THE CLERK OF COURTS, INDIAN RIVER COUNTY, FLORIDA, ALL ABOVE DESCRIBED LANDS NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. The above described premises contain 350.00 acres, more or less. Subject to all easements, reservations, restrictions, and rights -of --way of record as contained with the chain of title. All lying and being in Indian River County, Florida. 3 ORDINANCE NO. 2012- 031 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 plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. 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 of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. This ordinance was advertised in the Press -Journal on the3rd day of July, 2012, for a public hearing to be held on the 17th day of l�v 2012 at which time it ofor adoption by Commissioner O'Bryan seconded by Commissioner Solari and adopted by the following vote: Gary C. Wheeler, Chairman Peter D. O'Bryan, Vice Chairman Bob Solari, Commissioner Wesley S. Davis, Commissioner Joseph E. Flescher, Commissioner Aye Aye Aye Aye we n ORDINANCE N Q,,,.,�(��2- 031 BOARD OF COUNTY COMMISSIONERS •'• OF INDIAN RIVER COUNTY = �'� •' Q s Z• • O '_ BY: ate; Gary . Wheeler, Chairman •�.;� r' �G 1.' •••'••.•A!OIAN R` hh Attest: Jeffrey R. Smith, Clerk of Court and Comptroller This ordinance was filed with the Department of State on the following date: � - �� - �� APPROVED AS TO FORM AND LEGAL SUFFICIENCY illiam K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS M. Keating, AICP; Corjlmunity ent Director F:\Community Development\Comprehensive Plan Land Use Amendments\January 2012 Conservation Lands -IRC LURA-272\Ordinances & Resolutions\Conservation lands final Ordinance July 17, 2012.doc 5