HomeMy WebLinkAbout1059-10 EAR BASED COMPREHENSIVE PLAN AMENDMENT ORDINANCE NO. 1059-10
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA,
AMENDING THE ZEPHYRHILLS COMPREHENSIVE PLAN BY
ADOPTING THE EVALUATION AND APPRAISAL REPORT (EAR)
BASED AMENDMENTS, ANNUAL UPDATE TO THE CAPITAL
IMPROVEMENT PLAN/ELEMENT,AND WATER SUPPLY FACILITIES
WORK PLAN, AND SUBMITTING SAME TO THE STATE LAND
PLANNING AGENCY AND OTHER AGENCIES PURSUANT TO
SECTION 163.3191, FLORIDA STATUTES; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Growth Management of 1985 requires that each municipality in the State shal
prepare and adopt a Comprehensive Plan of the type and in the manner set out in the Act; and
WHEREAS, the City Council of the City of Zephyrhills, Florida (hereinafter referred to as "Cit
Council") previously prepared an Evaluation and Appraisal 'Report (hereinafter referred to as th
"EAR") pursuant to the provisions of Section 163.3191, Florida Statutes, and applicabl
administrative regulations; and
WHEREAS, on December 16, 2008, the City's Planning Commission held duly noticed publi
hearings to consider transmittal of the proposed EAR-based)amendments and receive comment
from interested citizens; and
WHEREAS, following the public hearings on January 26, 2009, the City Council approved the
transmittal of the EAR-based amendments to the State Land Planning Agency and other agencies
pursuant to Section 163.3191,Florida Statutes, for informal comments; and
WHEREAS, on May 15, 2009, the City received the Objection, Recommendations and
Comments (ORC)Report from the DCA and made changes as discussed and recommended; and
WHEREAS, Section 163.3177(3)(b)(1), Florida Statutes, states that: "the capital improvements
element must be reviewed on an annual basis and modified as necessary in accordance with
Section 163.3187 or Section 163.3189 in order to maintain a financially feasible five year
schedule of capital improvements...":
WHEREAS, Section 163.3177(6)(c), Florida Statutes, requires local governments that are
subject to a regional water supply plan to adopt a water supply facilities work plan covering at
least a 10 year planning period in their comprehensive plans.
WHEREAS, the City Council, on September 27, held an adoption public hearing on the
proposed EAR-based amendment to the Comprehensive Plan with due public notice provided
pursuant to Section 163.3184, Florida Statutes, and has considered all comments received during
the public hearing and provided for necessary revisions, if applicable.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City Of Zephyrhills,
Florida as follows:
SECTION 1. AMENDMENTS.
1. The City Council hereby adopts the proposed EAR-based amendments to the goals,
objectives and policies, including future year policy maps, of the Zephyrhills'
Comprehensive Plan attached hereto as "Exhibit A" and incorporated herein by reference.
2. The City Council hereby adopts the proposed update of the Capital Improvements
Element Five-Year Schedule of Capital Improvements of the Zephyrhills Comprehensive
Plan attached hereto as "Exhibit B" and incorporated Herein by reference.
3. The City Council hereby adopts the Zephyrhills Water Supply Facilities Work Plan in the
Zephyrhills Comprehensive Plan attached hereto as "Exhibit C" and incorporated herein
by reference.
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33542
4. The City Council hereby further directs the Director of Development to submit the
foregoing amendments to the State Land Planning Agency and certain other agencies in
accordance with Section 163.3191,Florida Statutes, and applicable administrative rules.
SECTION 2. REPEALER.
All provisions of the City of Zephyrhills Comprehensive Plan adopted pursuant to Ordinance No.
506 as subsequently amended, in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause, or provision of this Ordinance is held invalid or
unconstitutional by a court of competent jurisdiction, then the said holding shall in no way affect
the validity of the remaining portions of this ordinance having contained such section,
subsection, sentence, clause, or provision, and shall not be affected by such holding.
SECTION 4. EFFECTIVE DATE.
This ordinance shall become effective as provided by City Charter. The effective date of this
Comprehensive Plan amendment shall be twenty-one days after the FDCA issues a Notice of
Intent to fmd the amendment in compliance if no appeal is filed. No development orders,
development permits, or land uses dependent on this amendment may be issued or commenced
before it has become effective. If a final order of non-compliance is issued by the
Administration Commission, this amendment may nevertheless be made effective by adoption of
a resolution affirming its effective status; and a copy of such resolutions shall be sent to the
Florida Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oak
Boulevard, Tallahassee, Florida 32399-2100.
The for"going O:rdiz"fice No. 1059-10 was read and passed, following a public hearing, in an
operi'and regular meeting of the City Council of the City of Zephyrhills, Florida, on the 27th day
of September, 2010.
Attest: ______________ _________________ I
a �I-inda_D:-Bo 'City Clerk Lance mi C uncil esident
The focegguig' içhri` .nce No. 1059-10 was approved by me this 27th day of September, 2010,
• � f
W. Cliff M uffie, May
Approved as to legal form and legal content
• iII
J eph A. Poblick, City Attorney