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HomeMy WebLinkAbout2012-032ORDINANCE NO. 2012- 032 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND ZONING MAP FOR APPROXIMATELY ± 19171.45 ACRES OWNED BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD) (±531.68 ACRES LOCATED SOUTH OF CITY OF FELLSMERE AND 3 '/2 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)9 FROM A-2, AGRICULTURAL -2 DISTRICT (UP TO 1 UNIT /10 ACRES), TO CON49 CONSERVATION -1 DISTRICT (ZERO DENSITY); AND TO REZONE ±350 ACRES OWNED BY INDIAN RIVER COUNTY LOCATED WEST OF BLUE CYPRESS LAKE AND APPROXIMATELY 6 '/Z MILES NORTH OF S.R. 60, FROM A-3, AGRICULTURAL -3 DISTRICT (UP TO 1 UNIT/20 ACRES), TO CON49 CONSERVATION4 DISTRICT (ZERO )ENSITY); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which part ies in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: The zoning of the following described property situated in Indian River County, Florida, to wit: Property 1 FELLSMERE FARMS CO SUB TRS 1100 TO 1114 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. ORDINANCE NO. 2012-032 Is changed from A-2, Agricultural - 2 District (up to 1 unit/10 acres), to Con -1, Conservation - 1 District (zero density). All with the meaning and intent as set forth and described in said Land Development Regulations. Property 2 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 DO 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 COR OF TR 1823; TH LEAVING SAID E BOUNDARY RUN N 89 DEG 29 MIN 33 SEC W ALONG S LINE OF TRS 18231 18221 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, 2021, 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 WITHIN THE CHAIN OF TITLE. Is changed from A-2, Agricultural -2 District (up to 1 unit/10 acres), to Con -1, Conservation — 1 District (zero density). All with the meaning and intent as set fort h and described in said Land Development Regulations. Property 3 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 2 ORDINANCE NO. 2012- 032 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. 181 19125 AND RECORDED AMONG THE PUBLIC RECORDS OF SAID COUNTY, ON THE 9TH DAY OF DECEMBER A.D. 19125 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, RIGHT-OF-WAY OF RECORD, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. Is changed from A-3, Agricultural -3 District (up to 1 unit/20 acres), to Con -1, Conservation — 1 District (zero density). All with the meaning and intent as set forth and described in said Land Development Regulations. Effective Date: This ordinance shall become effective 31 days after the State Land Planning Agency determines that the associated land use amendment package is complete, unless a petition is filed by an affected party. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 17 day of July , 2012. This ordinance was advertised in the Press -Journal on the 3rd day ofJulY , 2012, for a public hearing to be held on thel7th day of July , 2012, at which time it was moved for adoption by Commissioner O'Bryan seconded by Commissioner Solari , and adopted by the following vote: Gary C. Wheeler, Chairman Peter O'Bryan, Vice Chairman Bob Solari, Commissioner Wesley S. Davis, Commissioner Joseph E. Flescher, Commissioner 3 Ave ORDINANCE NO. 2012- 032 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Ga . Wheeler, Chairman wAERS; *+ •jNf�RCf.�G . Attest: Jeffrey R. S ith, Clerk of Court and Comptroller B Deputy Clerk Acknowled ment the Department of State received on this 3 / day of � v L 2012, at ' .3� .M /P.M. and filed in the office of the Clerk of the Board of th County Commissioners o ian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY illiam K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP � � 4" Community Development irector F:ACommunity Development\Comprehensive Plan Land Use AmendmentsUanuary 2012 Conservation Lands -IRC LUDA-272\Ordinances & Resolutions\Rezoning Ordinance conservation lands final, 2012.doc 4