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1 ORDINANCE NUMBER Instrument # OR BK: 1442 PG: 256-7pg(s) REC: :33 AM Danny J. Shipp, Levy County Clet1(, Florida Rec: $61.00 Deputy CIet1( MBASS AN ORDINANCE OF LEVY COUNTY, FLORIDA, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, ADOPTING AN APPROVED LARGE SCALE FUTURE LAND USE MAP AMENDMENT TO THE LEVY COUNTY COMPREHENSIVE PLAN FROM LOW DENSITY RESIDENTIAL (LDR) TO COMMERCIAL (C), PETITION LSA 17-01, FOR PROPERTY LOCATED IN SECTION 9, TOWNSHIP 13, RANGE 19, WITHIN rhe WILLISTON MUNICIPAL SERVICE DISTRICT ON U.S. HIGHWAY 27, LEVY COUNTY, FOR APPLICANT JOSE MARTIN MORALES; PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, in a public hearing held on December 19, 2017, the Board of County Commissioners of Levy County, Florida ("Board"), reviewed land use amendment Petition LSA 17-01, which is a large scale comprehensive plan amendment to the Levy County Comprehensive Plan (such plan shall herein sometimes be referred to as "the Comprehensive Plan"); and WHEREAS, Jose Martin Morales, has filed Petition LSA seeking amendment to the Future Land Use Map of the Comprehensive Plan from Low Density Residential (LOR) to Commercial (C) for 62 acres more or less of property which is owned by Jose Martin Morales, Levy County, Florida, described in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the issue of transmittal of Petition LSA to the Florida state land planning agency and other reviewing agencies was previously heard before the Levy 1
2 County Planning Commission on October 2,2017, and was recommended for transmittal 2 to such agencies; and 3 WHEREAS, the issue of transmittal of Petition LSA to the state land planning 4 agency and other reviewing agencies was previously heard before the Board on November 5 7, 2017, with a decision by the Board to transmit Petition LSA to such agencies; and 6 WHEREAS, after due consideration, the Board finds that the proposed amendment 7 is consistent with the Levy County Comprehensive Plan, that the requirements of Chapter 8 163, Florida Statutes, have been met as they relate to this Petition, and that it is in the best 9 interests of the County to approve Petition LSA BE IT ORDAINED by the Board of County Commissioners of Levy County, Florida: 11 Section 1. Approval. The following amendment to the Future Land Use Map of the 12 Levy County Comprehensive Plan be and hereby is approved: 13 Petition LSA by applicant Jose Martin Morales, requesting amendment 14 to the Future Land Use Map of the Levy County Comprehensive Plan from 15 Low Density Residential (LOR) to Commercial (C) for 62 acres more or less 16 for the property described in Exhibit "A" attached hereto and incorporated 17 herein Section 2. Effective date. The effective date of this Levy County Comprehensive 20 Plan Amendment shall be thirty-one (31) days after the state land planning agency notifies 21 the County that the Comprehensive Plan Amendment package is complete; provided this 22 ordinance has been filed in the Office of the Secretary of State, State of Florida; and, 23 provided further, that this Comprehensive Plan Amendment has not been challenged 24 pursuant to Section (5}, Fla. Stat. No development orders, development permits, 25 or land uses dependent on this Comprehensive Plan Amendment may be issued or 26 commenced before it has become effective. If this Comprehensive Plan Amendment is 2
3 timely challenged pursuant to Section (5)(a), Fla. Stat., then the effective date of 2 this Comprehensive Plan Amendment shall be the date the state land planning agency or 3 the Administrative Commission issues a final order determining the adopted 4 Comprehensive Plan Amendment in compliance, or ninety-one (91) days after a 5 recommended order for compliance is issued by an administrative law judge and the state 6 land planning agency fails to act on such order within ninety (90) days after issuance. If a 7 final determination of noncompliance is issued by the Administration Commission, this 8 Comprehensive Plan Amendment may nevertheless be made effective by adoption of a 9 resolution affirming its effective status, a copy of which resolution shall be sent to the state 10 land planning agency. 11 Section 3. Transmittal. County staff is hereby directed to forward a certified copy 12 of this ordinance and its attachments to the state land planning agency and any other 13 reviewing agencies or local governments that provided timely comments to the transmittal 14 of the Petition. 15 PASSED AND DULY ADOPTED this 19 th day of December, BOARD OF COUNTY COMMISSIONERS 18 OF C UNTY, FLORIDA 19 J.U ATJ~~:r; 22-:'ifJ. r<~ ~!. ':;~~~anny~if.clerk 25=:._r ') ~.' ", APPROVED AS TO FORM,~ ~~ AND LEGAL SUFFICIENCY:., , :.<.:] j, : ",. oj r, "", z:\ord\compplan.amend.morales.lgscale.doc 33 LR ; 11/14/17 3
4 July 17, 2017 engineers surveyors planners Legal Description Parcel B A portion of the Southeast 14 of Section 9, Township 13 South, Range 19 East, Levy County, Florida; being more particularly described as follows: Commence at the northwest corner of the Southeast 14 of Section 9, Township 13 South, Range 19 East, Levy County, Florida and run thence South 00 14'06" East, feet to the northwest corner of the South Y2 of said Southeast 14 and to the Point of Beginning; thence continue South 00 14'06" East, feet to the southwest corner of said Southeast 14; thence South 89 34'15" East, along the south line of said Southeast 14, a distance of feet; thence North 00 05'34" East, along the west line of that certain parcel of land described in Official Records Book 550, page 450 of the Public Records of Levy County, Florida and along the west line of that certain parcel of land described in Official Records Book 604, page 990 of said Public Records, feet to the northwest corner of said certain parcel of land described in Official Records Book 604, page 990; thence South 89 34'15" East, along the north line of said certain parcel of land (Official Records book 604, page 990), a distance of feet to a point on the southwesterly right of way line of U.S. Highway 27 (State Road No. 500); thence northwesterly alol1g said right of way line through the following five (5) courses: 1) North 36 57'27" West, feet; 2) thence South 53 02'33" West, feet; 3) thence North 36 57'27" West, feet; 4) thence South 53 02'33" West, 5.00 feet; 5) thence North 36 57'27" West, feet to a point on the north line of said South Y2 of Southeast 14; thence North 89 43'21" West, along said north line of the South Y2 of Southeast 1/4, a distance of feet to the Point of Beginning. Containing Acres, more or less. EXHIBIT "A". N\bob\LevyCounty\S 1.~2LevyCoTP docx 2404 NW 43 rd Street Phone (352) Gainesville, FL Fax (352)
5 600' 1200' ; I 1"=600' NT Of' BEGINNING PARCa B H.W. CORNER Of' S 1/2 Of' SE 1/4 PARCEL B i:! UHE BEARING DISTANCE ACRES, +/ Ll S 89-:34'15" E ~ ~~,~~~O L2 H 36"57'27" w L3 S 53'02'33" W L4 N 36"5727" W ~ L5 S 53'02'33" W 5.00 L6 N 36"51'27" w L 7 S 00'02'09- W ~ La S 89"35'50" E z Of'FlClAL RECORDS L9 H 89'35'50" W BOOK 550, PAGE ~ LlO N 53'02'33" E CURVE DELTA IWlIUS ARC CHORD TANGENT CHORD SEARING Cl 90'00'00" S 81' 57' 27" E C2 24'53' 04" H 65' 29' 12" E NW 1/4 OF NE 1/4 TAX PARCEL ~ PARCEL C ACRES. +/.W. CORNER Of' SE 1/4 Of' HE 1/4 N 870' OF SW 1/4 OF NE 1/4 SOU1li UNE OF NOR1li 87«:, <!" SW 1/4 Of' NE 1/4 THIS IS NOT A BOUNDARY SURVEY FOR: I eda engineers-surveyors-planners, inc. LB N.W. 43rd ST, GAINESVILLE, FLORIDA TEL FAX.1352J maiuaedafl.com THIS SKETCH OF LEGAL DESCRlPllON MEETS THE STANDARDS OF PRACllCE AS SET FORTH BY THE FLORIOA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER FLORIDA AOMINISTRAllVE CODE. PURSUANT TO SECllON (2017), FLORIDA STATUTES. Corporate Authorizotion No. LB !B~":...: R:.:.OB=ER::.:..:.T...:W:::...:GR:::..::.A:.:.\IER::.:.. -IP.S.M~
6 Proof of Publication STATE OF FLORIDA COUNTY OF LEVY: Chiefland Citizen Published Weekly Chie1:land, Levy County, Florida Before the undersigned authority, personally appeared Chris Festo, who on oath, says he is Production Manager of the Chiefland Citizen, a newspaper published at Chiefland, in Levy County, Florida; that the attached copy of the advertisement, being Notice of Enactment of Ordinance was published in said newspaper in the issue of Published Dec. 7, 2017 Affiant further says that the said Chiefland Citizen is a newspaper published at Chiefland, in said Levy County, Florida, and that the said newspaper has heretofore been continuously published in said Levy County, Florida, each week and has been entered as second class mail matter at the Post Office in Chiefland, in said Levy County, for a period of one year next preceding the first publication of the attached copy of the advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ns Festo, Production Manager The foregoing instrument was acknowledged before me this 11th day of December, 2017 by Chris Festo, who is personally known to me. Notary P blic C)'\~~:'~~ FRED WILSON ~.. MY COMMISSION II FF , * (SEAL) '" ',.. EXPIRES: Sa~lomber ;.0. ~ "''e-of 1'-0'<' Bor.<i~d Tn". B4dgel Notal)' :>ervlca'
7 NO 'E F,' ENACTMENT OF,ORDINANCE BY THE BOARD OFCObNTY COMMISSIONERS OF LEVY COUNTY, FLORIDA. NOTI~ IS HEREBY GIVEN that the propoeed, ordinance approving the adoption df a Iarge1lC8le Mont land 'uae m8p amendment to the Levy ~nty Comprehensive Plan ae shown on the map In thlsadvertiseln8nt, and as more fully,~ in the Ordk:lance , whose title... below, will'be considered i'o!:,enactment bf let" County Beard of County ~~~ a pdiic'~.int TueSdayi December t~ 2O.t1. m., or 81 loon thereafter.'" the ~maybe. heard COUrM Of ectlbn, '" the eo.rd of CoUnty Comml~. '.J\OcMI, LeVy CountyOOurtho~e, BroI18On-, Florld8:".,.. ORDINANCE NO AN ORDINANCE OF LEVY COUNTY, FLORIDA, PURSUANT TO CHAPTER ~83, FlORIDA STATUTE8.ADOPTING AN AP PRoveD LARGE SCALE'FUTURE LAND USE MAP AMENrJ... MENT TO the' LI:VV COUNTY COMPREt:lENSIVEP1.AN TOCOM~ Min,.....&llllIAfti... '~ anh:...". _fable for review at the Levy County PIao,nIog n.,,,,,,rtnllaftt and Levy County Deyelopmeirt Department. FOr \P I fnlrtnlltinn cell This meeting may be contlm,led to future dt!ite8. Any interested patty 'IhaHbe advised Itho,.H...date, time and place of!jny continuation of this meeting shall announced during the public he8ringarid no,fur1:her notk::ie r8gaiding tfieae rmitter8 will be published. un... said continuation exc8eds six calendar*'"tk. from the above referenced!'fieeijng. lilfeleirtted parties may appear at the meeting and.be heard regdlng the ~ petiti9n. Any person re I dljriri~fl I'I!"~lri.tllA aec:ommodatiot1ato PIi'/1iCIpIJte In this meeting IhoiiId CoUnty ComD'llUloneia Administration OffIce at & ;,. All persons are edviaed~t. If th~ dj!lcjde to appeal any deciiioi'is ftjade' at this public n..tno, Jh8y wilt ne,d.. record, of the ~. and,for aus;h purpose, the1. may need to,naure that.'~. Nraord or "'.~nglla' made, ~,Indrides ~~ d e'l1dctnce u'pe;n which, lippeallstobe balled. '.'..'. Pub: December
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