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HomeMy WebLinkAbout877-04 Large Scale Comp Plan Amendment/Add Historic Element ORDINANCE NO. 877-04 111II1!{lt hill iIiiI Mill IIiii ii111 ilii 1111 II l 11 2004116713 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, AMENDING ORDINANCE NO. 740-00, ADOPTING THE CITY OF ZEPHYRHILLS COMPREHENSIVE PLAN, AS AMENDED; PROVIDING FOR THE PLAN AMENDMENT TO ANNEX ADDITIONAL PROPERTY AND ADOPTING FUTURE LAND USE MAP DESIGNATION FROM COUNTY RES-9 (RESIDENTIAL 9) TO CITY RU (RESIDENTIAL URBAN) ON 25.89 ACRES OF PROPERTY OWNED BY MARY P. JETER, IDENTIFIED AS PARCEL I.D. NO. 03-26-21-0010-00200-0011 AND 03-26- 21-0010-01400-0000; ADOPTING FUTURE LAND USE MAP DESIGNATION FROM COUNTY AG (AGRICULTURE), TO CITY RS (RESIDENTIAL SUBURBAN) ON 124.86 ACRES OF PROPERTY OWNED BY COTTAGES AT SILVER OAKS, L.L.C., IDENTIFIED AS PARCEL I.D. NO. 04-26-21-0000-00300-0000; AND AMENDING THE COMPREHENSIVE PLAN TO PROVIDE A HISTORICAL PRESERVATION ELEMENT; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. Rcpt: 793340 Rec: 214.00 DS: 0.00 IT: 0.00 06/23/04 Dpty Clerk WHEREAS, Chapters 166 and 163, Florida Statutes, authorize and require the City Council of the City of Zephyrhills to prepare and enforce a Comprehensive Plan for the development of the City; and WHEREAS, the City of Zephyrhills adopted its Comprehensive Plan on May 22, 1989; and WHEREAS, on November 10, 2003, the City Council conducted a public hearing and authorized the transmittal of the attached amendments to the adopted Comprehensive Plan to the Florida Department of Community Affairs (FDCA) to obtain review, and comment on the amendments; and WHEREAS, on December 29, 2003, the City of Zephyrhills received a determination 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 WHEREAS, an amendment from City designation AG (Agriculture) to RS (Residential Suburban) on property owned by Cottages at Silver Oaks, L.L.C. 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. WHEREAS, this Ordinance supercedes and replaces former Ordinance No. 865-04. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, as follows: JtD PITTMNId PfdSG© COUNTY CI..6RK SECTION 1. Adoption. 06/23/04 0t:34am PG cf. 25 OR BK 59101448 Record and Return to: City Clerk's Office 5335 8th Street 1 Zephyrhills, FL 33542 OR BK 591° pG 1449 2 of 25 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 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. 877-04 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 26th.day of April,-2004,- CITY OF ZEPHYRHILLS, FLORIDA I (7 (' Linda D. Boan, City Cork -= C de C. Bracknell, Council President � \t? - . o The foregaing•terdinance. No. 877-04 was read and passed on the second reading, following a public-hearing, in an open and regular meeting of the City Council of the City of Zephyrhills, Florida, this 10th day of May, 2004. it rt• y, / ATTEST: P '� CITY OF ZEPHYRHILLS, FLORIDA Lira D. •an;: y -Cit (#erk de C. Bracknell, Council President �oC©y �qY c • Q The foregoing Ordinance No. 877-04 was approved by me this 10th day of May, 2004. / / � J W. Cliff MdlAffie, Ma • I App las/ jpgal form and content A 064 arla S. Owens, City Attorney 2