09-1261 Comprehensive Plan Amendments (LPA 08--11)

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of the Ordinance to January 12, 2009. The public hearing of January 12, 2009 provided for comments and public participation in the process in accordance with the requirements of state law and the procedures adopted for public participation in the planning process, and transmitted the EAR-based Comprehensive Plan Amendments to the Department of Community Affairs (DCA) on January 26, 2009 for comment; and WHEREAS, the Department of Community Affairs has now reviewed the EAR-based Comprehensive Plan Amendments, and issued its Objections, Recommendations and Comments (ORC) Report on April 3, 2009; and; WHEREAS, the City Commission has reviewed DCA's ORC Report, considered the amended EAR-based Comprehensive Plan; and reviewed the response to the ORC Report prepared by staff at a duly advertised public hearing on July 13, 2009, and determined that each document has addressed all of the Department of Community Affair's comments, and the Commission is now ready to adopt the EAR-based Comprehensive Plan. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission does hereby adopt the EAR-based COMPREHENSIVE PLAN AMENDMENTS, attached hereto as Exhibit "A" and incorporated by reference. The City Commission does adopt the Supporting Documents (Data and Analysis) separately and apart from the Comprehensive Plan Amendments, attached hereto as Exhibit "B". SECTION 2. Conflicts. All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 3. Severabilitv. 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. Effective Date. The effective date of this Plan Amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance, in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, development agreements or land uses dependent on a part of this Plan Amendment may be issued or commence before the Plan Amendment has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. An adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined not to be in compliance by final order of the Administration Commission. Then, it Ordinance 09-1261 Page Z of 3