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Home My WebLink About1030-09 BISTON REZONING (N PARCEL) f 1 IIIiU 11111 II III IlDI IILI III II II IIIII IIIII IIiI II� 2009018673 Rcpt: 1226148 Rec: 27.00 3 ORDINANCE NO.: 1030-09 ps: 0.00 IT: 0.00 02/10/09 Dpty Clerk AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA AMENDING THE ZEPHYRHILLS LAND DEVELOPMENT CODE TO CHANGE THE ZONING ON LAND HEREINAFTER DESCRIBED FROM CITY ZONING CATEGORY CITY Cl TO CITY ZONING CATEGORY LI (LIGHT INDUSTRIAL) IN ACCORDANCE WITH THE PROVISIONS OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND AN EFFECTIVE • DATE. m r N D WHEREAS, Clyde A. Biston, the owner of land hereinafter described in Section 2 below, did w petition on the 5th day of June, 2008 for rezoning of said land; and I WHEREAS, the City Council has been given authority by the State of Florida pursuant t �w Chapters 166 and 163, Florida Statutes, to rezone property within he City limits upon receipt of written consent of the land owner, together with the approval of the City Council of said �m rezoning duly expressed by Ordinance; and c WHEREAS, due public notice of hearing on the proposed rezoning was given by the City Council on January 15, 2009 and January 22, 2009, as required by the Zephyrhills Land (0 Development Code, as amended, and Chapters 163 and 166, Florida Statutes; and '4 m' WHEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a public hearing on the 12th day August, 2008 to consider said proposed rezoning; and WHEREAS, the City Council has determined that the LI• (LIGHT INDUSTRIAL) zonin category would be appropriate, would promote the general welfare, and encourage prop e development within the City. NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL O ZEPHYRHILLS, FLORIDA,AS FOLLOWS: Section 1: The above Whereas clauses are hereby adopted and incorporated herein. Section 2: The following described lands, lying and being situated n Pasco County, to wit: PARCEL I.D."NO.: 13-26-21-0000-00100-0031, SEE "EXHIBIT A" ATTACHED FOR COMPLETE LEGAL DESCRIPTION 1 acre m.o.l. is hereby rezoned and included within the boundaries of the City of Zephyrhills, Florida subject to the following conditions: 1. In the event ordinances and/or resolutions are subsequently adopted or amended by the City Council,the developer shall be required to comply wit L same unless such ordinances and/or resolutions materially and adversely change any conditions of approval granted. 2. All internal streets, including associated stormwater inlets and sanitary sewer manhole rims, and building structures shall be constructed at or above the 100-year flood elevation. Future development plans shall reflect 100-year flood elevation data. 3. A type "C" buffer shall be provided and professionally maintained on the property boundaries that are adjacent to Foxwood Condominiums. 4. The developer shall comply with all sections of the City Of Zephyrhills Land Development Code. 5. Future construction of structures/buildings shall be designed to provide maximum distance possible from Foxwood Condominiums and their common areas. Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33542 OR BK 8017 PG 1998 2 of 3 ,J 6. All site work/tree removal on subject property must be reviewed and approved by the City's Planning department in writing and obtain all necessary permits/approvals prior to commencement. 7. Streetlights shall be installed in accordance with the standards set forth in the current edition of the American National Standard Practice for Roadway Lighting, published by the Illuminating Engineering Society of North America. If enhanced or upgraded street lighting is installed, streetlights shall be operated and maintained by a street lighting district. 8. Prior to any clearing or grubbing associated with the preliminary plan/preliminary site plan approval of any unit or phase, the developer(s) shall submit a copy of any required Incidental Take Permit issued by the Florida Fish and Wildlife Conservation Commission to the Planning Department. - 9. If, during construction activities, any evidence of historic resources including, but not limited to, aboriginal or historic pottery, prehistoric stone tools, bone or shell tools, historic trash pits, or historic building foundations are discovered, work shall come to an immediate stop, and the Planning Department and the Florida Division of Historical Resources shall be notified within two working days. 10. Special attention shall be provided to the architecture/design and overall site design of the future construction on said property to encourage development that blends into the area. 11. Future lighting plans shall be designed and directed away/shielded from Foxwood condominiums. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4: That if any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 5: This ordinance shall take effect upon passage on the second reading and signing by the Mayor. The foregoing Ordinance To. 1030-09 was read and passed on the first reading in an open and regulartrrieeting of the Ci{y Council of the City of Zephyrhills, Florida, on this 12th day of January;2009: Attest4L2i j da T {' Boan, Clerk Luis M. Lopez, CourfeTl Pre ent co The foregoing.FO'Olnance No;1030-09 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, on this 26th"day:Qf January, 2009. Attest:- ;l • Linda D.'Boan, City Clerk Luis M. opez, Cou Pre ' ent The foreegoingcdrdinanceNo'. 1030-09 was approved by me this 26th day of January, 2009. C U �� W. Cliff cDuffie, ayor Approved as to legal form and legal content for the reliance of the ity of Zephyrhills only: O�. oseph A. Poblick, City Attorney BR BK 8017 G 1999 3 of 3 EXHIBIT "A" That portion of the Northwest ¼ of Section 13, Township 26 Southj Rage 21 Past, in Pasco County,Florida,being described as follows: Commence at the Northwest comer of said Section 13, run North 89 degrees 54 minutes 37 seconds East, 1339.57 feet along the North line of said Section 13; thence South 00 degrees 07 minutes 19 seconds West,749.03 feet;thence run North 89 degrees 44 nunutes 55 seconds West, 30.00 feet for a POINT OF BEGINNING; thence continue North 89 degrees 44 minutes 55 seconds West, 530.53 feet to the Easterly right-of-way line of the Seaboard Coastline Railroad; thence North 28 degrees 04 minutes 07 seconds East, 273.21 feet along said Easterly right-of- way line; thence North 89 degrees 54 minutes 37 seconds East, 40Z i50 feet; thence South 00 degrees 07 minutes 19 seconds West,244.03 feet to the Point of Beginning; '1 I .