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ORDINANCE NO. 959-06 Dj:
07/IS.r'Q'6 Dpty .]§;rk
AN ORDINANCE OF THE CITY OF ZEPHYRHi_LLS, FLORIDA,
AMENDING ORDINANCE NO. 740-00 ADOPTING THE CITY OF
ZEPHYRHILLS COMPREHENSIVE PLAN, AS AMENDED;
PROVIDING FOR LARGE SCALE PLAN AMENDMENTS TO ADOPT
FUTURE LAND USE MAP DESIGNATION FROM COUNTY RES 6 TO
CITY RU(RESIDENTIAL URBAN-7.5 TO 14 DU/GA)AFFECTING 27.64
ACRES MOL OF REAL PROPERTY REQUESTED BY ACME
DEVELOPMENT CORPORATION, IDENTIFIED AS PARCEL ID NOS.
03-26-21-0010-02000-0000; 03-26-21-0010-03500-0000; 03-26-21-0010-03600-
0000 AND ADOPT FUTURE LAND USE MAP FROM CITY
AGRICULTURAL AND COUNTY LIGHTINDUSTRIAL/RES 3 TO CITY
INDUSTRIAL AFFECTING 94.41 ACRES OF REAL `PROPERTY
REQUESTED BY 4 RAIL L.L.C., IDENTIFIED AS PARCEL ID NOS/ 12-
26-21-0290-00000-0060; 12-26-21-0290-00000-0070; 12-26-21-0290-00000-
0080; 12-26-21-0290-00000-0090; 12-26-21-0290-00000-0100; 12-26-21-002C-
00100-0020; 12-26-21-0000-00900-0010; 12-26-21-0000-00900-0000; 07-26-
22-0010-04000-0010; AND 01-26-21-0010-11300-0000 PROVIDING FOR A
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
?ED P X' TMIJ; PASC0 C0UN3 CLERK
OR BK 791Pu"•
EREAS, Chapters 166 and 163, Florida Statutes, authorize and require the City Council of
ti e City of Zephyrhills to prepare and enforce a Comprehensive Plan for the development of the
ity; and
HEREAS,the City of Zephyrhills adopted its Comprehensive Plan on May 22, 1989; and
HEREAS, on March 13, 2006, the City Council conducted a public hearing and authorized the
t nsmittal of the attached amendments to the adopted Future Land Use `Map of the
Comprehensive Plan to the Florida Department of'Comniunity Affairs (FDCA) to obtain review
d comment on the amendments; and
HEREAS, an amendment from County Res 6 to City RU (Residential Urban = 7.5 to 14
U/GA) on property owned by Acme Development Corporation, identified as Parcel ID Nos.
0 -26-21-0010-02000-0000; 03-26-21-0010-03500 10000; 03-26-21-0010-03600-0000;
HEREAS, an amendment from City Agriculture and County Light-industrial / RES 3 to City
Ii dustrial, identified as Parcel ID Nos. 12-26-21-0290-00000-0060; 12-26-21-0290-00000-0070;
1 -26-21-0290-00000-0080; 12-26-21-0290-00000-0090; 12-26-21-0290-00000-0100; 12-26-
2 -002C-00100-0020; 12-26-21-0000-00900-0010; 12-26-21-0000-00900-0000; 07-26-22-0010-
0 000-0010; AND 01-26-21-0010-11300-0000;
HEREAS, on June 26, 2006 and July 10, 2006, the City Council conducted an adoptionpublic
h aring on the proposed plan amendments with due public notice provided pursuant to Section
1 3.3184, Florida Statutes, and has considered all comments received during the public hearing.
4 OW, THEREFORE, BE IT ORDAINED by the City Council of tlie'City"'of Zephyrhills,
F orida, as follows:
S CTION 1. Adoption.
T e City Council of the City of Zephyrhills hereby adopts the amendments to the Future Land
se Map of the Comprehensive Plan attached hereto as Ordinance 951-06 and Ordinance 949-06
d incorporated herein. Should the FDCA find these amendments not in compliance, the
a plicants agree to defend the City and pay all fees and costs associated with the defense thereof,
ii cluding the retention of attorneys and experts.
Record and Return to:
City Clerk's Office
5335 8th Sheet
Zephyrhills, FL 33542
2 of 6
SECTION 2. Repealer.
All provisions of the City of Zephyrhills Comprehensive Plan as 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.
A certified copy of this Ordinance shall become effective within twenty-one (21) days 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
noncompliance is issued by the Administrative Commission, this amendment may nevertheless
be made effective by adoption of a resolution affirming its effective status. A copy of such
resolution shall be sent to the Florida Department of Community Affairs, Bureau of Local
Planning, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.
The Notice of Transmittal to the Department of Community Affairs was approved following a
public hearin held on March 13, 2006 in an open and regular meeting of the City Council of the
City of Zephy ills,Florida, on this 13th day of March, 2006.
Attest: 22
n Linda'1 ,q , City Clerk Cathi L. Compton, Council President
is
The foregoing Ordinance No. 959-06 was read'and passed on the first reading, following-a
public hearing, in-an open and regular meeting of the City Council of the City of Zephyrhills,
Florida, on this;1.0t".flay,,of July, 2006.
Attest:
64C
Lin a . Boan, City Clerk Cl fie C. Bracknell, Council President
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The foreg6m 4iriah e- �No. 959-06 was approved by me this 10`h day of July, 2006.
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W. CliffDu1lfie, IyXèor
Approved as to legal form and legal content
Joseph A. Poblick, City Attorney