CITY OF PALM COAST ORDINANCE NO



CITY OF PALM COAST ORDINANCE NO. 2007-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM COAST, FLORIDA, AMENDING THE CITY OF PALM COAST OFFICIAL ZONING MAP AS ESTABLISHED IN SECTION 3.03.01 OF THE LAND DEVELOPMENT CODE OF THE CITY OF PALM COAST, FLORIDA, AS AMENDED AND SUPPLEMENTED; AMENDING THE OFFICIAL ZONING MAP FROM AGRICULTURE (FLAGLER COUNTY OFFICIAL ZONING MAP DESIGNATION) TO PARKS AND GREENWAYS (CITY OF PALM COAST) FOR 5.31+ ACRES OF CERTAIN REAL PROPERTY DESCRIBED AS FLAGLER COUNTY PARCEL IDENTIFICATION NUMBER 09-12-31-0000-01020-0000 AS DESCRIBED IN MORE DETAIL IN THE LEGAL DESCRIPTION WHICH IS AN EXHIBIT TO THIS ORDINANCE; PROVIDING FOR CONFLICTS, RATIFICATION OF PRIOR ACTS, NON-CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Palm Coast enacted Ordinance Number 2004-08, adopting the City of Palm Coast Land Development Code which includes the City of Palm Coast Official Zoning Map which have been amended from time-to-time; and

WHEREAS, the City Council of the City of Palm Coast enacted Ordinance Number 2006-19 on October 17, 2006, annexing certain property which is the subject of this Ordinance; and

WHEREAS, Section 171.062(2), Florida Statutes, states that “[i]f the area annexed was subject to a county land use plan and county zoning or subdivision regulations, these regulations remain in full force and effect until the municipality adopts a comprehensive plan amendment that includes the annexed area”; and

WHEREAS, the annexation of the subject property necessitated designating the property with a City Future Land Use Map designation and subsequent assignment of a zoning district to the subject property as depicted on the City’s Official Zoning Map consistent to and compatible with the City’s Comprehensive Plan in accordance with Chapter 163, Florida Statutes; and

WHEREAS, the PLDRB voted 5-0 to recommend approval of the Official Zoning Map amendment relating to the subject property in accordance with Application Number RZ-OTH-08-04; and

WHEREAS, the City Council of the City of Palm Coast has determined that amending the Official Zoning Map to assign the property the Parks and Greenways (P&G) zoning district is necessary and appropriate; and

WHEREAS, the City Council of the City of Palm Coast has determined that amending the zoning district assigned herein for the property is consistent with the goals, objectives, and policies and the overall land use plan of the City’s Comprehensive Plan; and

WHEREAS, the City Council of the City of Palm Coast, Florida has taken all actions relating to the zoning district change set forth herein in accordance with the requirements and procedures mandated by State law; and

WHEREAS, the City Council of the City of Palm Coast hereby reaffirms its commitment to the goal of enacting and implementing sound growth management practices within the City; and

WHEREAS, the City Council of the City of Palm Coast finds that this Ordinance is in the best interests of the health, safety, and welfare of the citizens of Palm Coast.

NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Palm Coast, Florida:

SECTION 1. Legislative and Administrative Findings. The above recitals (whereas clauses) are hereby adopted as the legislative and administrative findings of the City Council.

SECTION 2. Official Zoning Map Amended. The 5.3+ acres of land, identified as Tax Parcel Identification Number 09-12-31-0000-01020-0000 generally located west of Old Kings Road, south of and adjacent to the Flagler Business Center, generally located south of State Road 100, as legally described in “Exhibit A” and as depicted in “Exhibit B”, attached hereto, is hereby amended from the Flagler County Agricultural zoning district to the City of Palm Coast Parks and Greenways zoning district.

SECTION 3. Severability. If any Section or portion of a Section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Ordinance.

SECTION 4. Non-Codification. It is the intention of the City Council of the City of Palm Coast, Florida, and it is hereby ordained that the provisions of this Ordinance shall not be codified in the Code of Ordinance of the City of Palm Coast or the Land Development Code of the City of Palm Coast; provided, however, that the actions taken herein shall be depicted on the Official Zoning Map of the City of Palm Coast by the City Manager, or designee.

SECTION 5. Conflicts. All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance are hereby repealed.

SECTION 6. Effective Date. This Ordinance shall become effective immediately upon its passage and adoption.

Approved on first reading this 4rh day of December 2007.

Adopted on the second reading after due public notice and hearing City of Palm Coast this 18th day of December 2007.

| |CITY OF PALM COAST, FLORIDA |

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|ATTEST: |Jon Netts, Mayor |

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|Clare M. Hoeni, City Clerk | |

Attachments:

Exhibit “A” – Legal Description of property subject to Official Zoning Map amendment

Exhibit “B” – Revised Official Zoning Map

Subject Title: Official Zoning Map Amendment RZ-OTH-08-04 (Sizemore Property) (City Initiated Rezoning)

EXHIBIT “A”

LEGAL DESCRIPTION

5.3058 AC (RETENTION POND) NW CORNER LOCATED 1235.80’ NORTH, 903.58’ E OF SLY BDRY OF SECTION 9, & E OF I-95 BEING 439.89’ ON NORTH & 624.30’ DEEP ON EAST OR 785 PG 1373 OR 1002 PG 725- SIZEMORE TRUST ANNEXATION TO “61” ORD 2006-19 OR 1497 PG 1054.

EXHIBIT B

ORDINANCE NO. 2007- .

RZ-OTH-08-04 – SIZEMORE PROPERTY

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