BY COMMISSIONER                                                                ORDINANCE NO.                                

 

 

 

 

                                                         AN ACT TO BE ENTITLED

 

AN ORDINANCE AMENDING ORDINANCE NO. 89‑13, ADOPTING THE PASCO COUNTY COMPREHENSIVE PLAN, AS SUBSEQUENTLY AMENDED; PROVIDING FOR A SMALL-SCALE DEVELOPMENT AMENDMENT TO THE FUTURE LAND USE MAP FROM RES‑3 (RESIDENTIAL - 3 DU/GA) TO ROR (RETAIL/OFFICE/RESIDENTIAL), AF­FECTING 5.28 ACRES OF REAL PROPERTY OWNED BY DR. ROBERT TANNENBAUM AND THE BANK OF AMERICA IDENTIFIED AS PARCEL ID NO. 22‑26‑19-0000-00200-0020; PROVIDING FOR A REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

 

 

 

WHEREAS, Chapters 125 and 163, Florida Statutes, authorize and require the Board of County Commissioners of Pasco County to prepare and enforce a Comprehensive Plan for the development of the County; and,

WHEREAS, the Board of County Commissioners adopted a Comprehensive Plan on June 15, 1989, by Resolution No. 89‑13; and,

WHEREAS, Section 163.3187(1)(c), Florida Statutes, allows a local government to process Comprehensive Plan amendments directly related to proposed small-scale development activities without regard to statutory limits on the frequency of consideration of amendments to the local Comprehensive Plan; and,

WHEREAS, Section 163.3187(1)(c)1, Florida Statutes, requires that the proposed amendment involves the use of ten (10) acres or fewer; and,

WHEREAS, Section 163.3187(1)(c)1.a, Florida Statutes, requires that the cumulative annual effect of the acreage for all small-scale development amendments adopted by the local government shall not exceed (I) a maximum of 120 acres in a local government that contains areas specifically designated in the local Comprehensive Plan for urban infill, urban redevelop­ment, or downtown revitalization as defined in Section 163.3164, transportation concurrency exception areas approved pursuant to Section 163.3180(5), or regional activity centers and urban central business districts approved pursuant to Section 380.06(2)(e); however, amendments under this paragraph may be applied to no more that sixty (60) acres annually of property outside the designated area listed in this subparagraph; (II) a maximum of eighty (80) acres in a local government that does not contain any of the designated areas set forth in Subparagraph (I); and,

WHEREAS, Section 163.3187(1)(c)1.b, Florida Statutes, requires that the proposed amendment does not involve the same property granted a change within the prior twelve (12) months; and,

WHEREAS, Section 163.3187(1)(c)1.c, Florida Statutes, requires that the proposed amendment does not involve the same owners' property within 200 feet of property granted a change within the prior twelve (12) months; and,

WHEREAS, Section 163.3187(1)(c)1.d, Florida Statutes, requires that the proposed amendment not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the Future Land Use Map for a site-specific small-scale development activity; and,

WHEREAS, Section 163.3187(1)(c)1.e, Florida Statutes, requires that the property subject to the proposed amendment is not located within an area of critical State concern; and,

WHEREAS, Section 163.3187(1)(c)1.f, Florida Statutes, requires that if the proposed amendment involves a residential land use, the residential land use must have a density of ten (10) units or less per acre, except that this limitation does not apply to small-scale map amendments described in Subparagraph a.(I) that are designated in the local comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as defined in Section 163.3164, transportation concurrency exception area approved pursuant to Section 163.3180(5), or regional activity centers and urban central business districts approved pursuant to Section 380.06(2)(e); and,

WHEREAS, Section 163.3187(1)(c)2.a, Florida Statutes, provides that a local government that proposes to consider a plan amendment pursuant to this paragraph is not required to comply with the procedures and public notice requirements of Section 163.3184(15)(c) for such plan amendments if the local government complies with the provisions in Section 125.66(4)(a) for a county or in Section 166.041(3)(c) for a municipality.  If a request for a plan amendment under this paragraph is initiated by other than the local government, public notice is required; and,

WHEREAS, Section 163.3187(1)(c)2.b, Florida Statutes, requires the local government to send copies of the notice and amendment to the State land planning agency, the regional planning council, and any other person requesting a copy, and the information shall include a statement identifying any property subject to the amendment that is located within a coastal high hazard area as identified in the local comprehensive plan; and,

WHEREAS, Section 163.3187(1)(c)3, Florida Statutes, requires that small-scale development amendments adopted pursuant to Section 163.3187(1)(c), Florida Statutes, require only one (1) public hearing before the governing board, which shall be an adoption public hearing as described in Section 163.3184(7); and,

WHEREAS, the adjacent and abutting property owners were notified of the proposed small-scale development amendment, and the public notice requirements were met; and,

WHEREAS, the Board of County Commissioners held one (1) public hearing on the small-scale development amendment to the Comprehensive Plan on August 20, 2002, and has considered all comments received during the said public hearing and provided for necessary revisions.

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pasco County, Florida, as follows:

SECTION 1.    AMENDMENT.

The Future Land Use Map classification for the 5.28 acres of real property owned by Dr. Robert Tannenbaum and the Bank of America, identified as Parcel ID No. 22‑26‑19-0000-00200-0020, shown on Map Sheet No. 21 in the Pasco County Comprehen­sive Plan, is hereby amended from RES‑3 (Residential - 3 du/ga) to ROR (Retail/Office/Residential).

SECTION 2.    REPEALER.

All provisions of the Pasco County Comprehensive Plan adopted pursuant to Ordinance No. 89‑13, as subsequently amended, in conflict herewith are hereby repealed.

SECTION 3.    SEVERABILITY.

It is declared to be the intent of the Board of County Commissioners of Pasco County, Florida, that if any section, subsection, sentence, clause, or provision of this ordinance shall be declared invalid, the remainder of this ordinance shall be construed as not 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 be filed in the Office of the Secretary of State by the Clerk to the Board within ten (10) days after adoption of this ordinance.  The effective date of this small-scale development amendment shall be thirty-one (31) days after its adoption by the Board of County Commissioners.  No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective.

ADOPTED this              day of                                         ,             .

(SEAL)                                                                         BOARD OF COUNTY COMMISSIONERS

                                                                                    OF PASCO COUNTY, FLORIDA

ATTEST:

 

 

BY:                                                                               BY:                                                                  

                        JED PITTMAN, CLERK                                        ANN HILDEBRAND, CHAIRMAN

 

 

 

APPROVED AS TO LEGAL FORM AND SUFFICIENCY

Office of the County Attorney

 

 

                                               BY:                                              

                                                       ATTORNEY