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Home My WebLink About865-04 Adopt Large Scale Comp Plan Amendment // ORDINANCE NO. 865-04 111111111111111111111111111111111111111111111111111111111111 ;� 2004047777 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, AMENDING ORDINANCE NO. 740-00, ADOPTING THE CITY OF ZEPHYRHILLS �w N o COMPREHENSIVE PLAN, AS AMENDED; PROVIDING FOR THE PLAN AMENDMENT TO ANNEX ADDITIONALm-J PROPERTY AND ADOPTING FUTURE LAND USE MAP al DESIGNATION FROM COUNTY RES-9 (RESIDENTIAL 9) TO CITY RU (RESIDENTIAL URBAN) ON 25.89 ACRES OF PROPERTY OWNED BY MARY P. DETER, IDENTIFIED AS 7 PARCEL I.D. NO. 03-26-21-0010-00200-0011 AND 03-26- —in 21-0010-01400-0000; ADOPTING FUTURE LAND USEa , ,, MAP DESIGNATION FROM COUNTY AG (AGRICULTURE) $ m m TO CITY RU (RESIDENTIAL URBAN) ON 124.86 ACRES ' CR � B OF PROPERTY OWNED BY COTTAGES AT SILVER OAKS, L.L.C., IDENTIFIED AS PARCEL I.D. NO. 04-26-21-0000- x 00300-0000; AND AMENDING THE COMPREHENSIVE PLAN TO PROVIDE A HISTORICAL PRESERVATION ELEMENT; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. -. WHEREAS, Chapters 166 and 163, Florida Statutes, authorize and require the City 2 c`))ti; Council of the City of Zephyrhills to prepare and enforce a Comprehensive Plan for the oo �v development of the City; and o-1 Ull WHEREAS, the City of Zephyrhills adopted its Comprehensive Plan on May 22, 1989; "423,1.z and -4;:,, a�a 3 A. WHEREAS, on November 10, 2003, the City Council conducted a public-hearing and 0. 111 authorized the transmittal of the attached amendments to the adopted Comprehensive c ''Ag Plan to the Florida Department of Community Affairs (FDCA), to obtain review and z' comment on the amendments; and °,0 WHEREAS, on December 29, 2003, the City of Zephyrhills received a determination SNA, from the FDCA that the proposed plan amendments need not be formally reviewed for , consistency with Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code (FAC); and ., WHEREAS, an amendment from County RES-9 to RU (Residential Urban) on property owned by Mary P. Jeter is specifically described and attached hereto as Exhibit "A"; and J, WHEREAS, an amendment from City designation AG (Agriculture) to RS (Residential Suburban) on property owned by Cottages at Silver Oaks, L.L..0 is specifically described and attached hereto as Exhibit "B"; and WHEREAS, a textual amendment to the Comprehensive Plan, as amended, creating: a Historical Preservation Element is specifically described and 'attached hereto`as Exhibit "C"; and WHEREAS, on March 8, 2004, the City Council conducted an adoption public hearing on the proposed plan amendments with due public notice 'provided pursuant to Section 163.3184, Florida Statutes, and has considered all comments received during the public hearing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, as follows: SECTION 1. Adoption. The City Council of the City of Zephyrhills hereby adopts the amendments to the Comprehensive Plan attached hereto as Exhibits "A", "B" and "C" and incorporated Record and Return to: City Clerk's Office ' 4:,,. 1 5335 8th Street t Zephyrhills, FL 33542 OR BK 5770 PG 377 2 of 2 herein. Should the FDCA find these amendments not in compliance, the applicants agree to defend the City and pay all fees and costs associated with the defense thereof, including the retention of attorneys and experts. 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 foregoing Ordinance No. 865-04 was read and passed on the first reading in an open.and regular,meeting of the City Council of the City of Zephyrhills, Florida, this 23rd day of February, 2004.; - ATTEST: •,` .h'�� : CITY OF ZEPHYRHILLS, FLORIDA -.. i, • s ‘ -.. 1 ,. Linda D loan;=City'Clerk Lance : . 'th, Council President c,0 The foregoibtg p -d, nce/No. 865-04 was read and passed on the second reading in an open and reggular'ineeting of the City Council of the City of Zephyrhills, Florida, this 8th day.of March,-20.04. - A • •• • ` CITY OF ZEPHYRHILLS, LORIDA -, dt: _4 i zd' -‘ , .T A -)'- i ' ASOIN , ' OL......411M1 Aida D. :oan,.City Clelk Lane- A . :mi , Council President i 9 _ C "P . b' ` - G The.for o'�g YOpd- lance No. 865-04 was approved by me this 8th day of March, 2004. / / A 4A / W. Cliff,••c P) ie, '4- .yor Approve as lei. . r.,rm and content la S. Owens, City Attorney 2 .