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Home My WebLink About1031-09 BISTON FLUMA AND REZONING (S PARCEL) __ � i ii�iii iiiii eg��ieiit iiiii iiui iisi�isiii iiiii�iiiiii : 2009018674 -J Rcpt: 1226148 Rec: 35.50 ORDINANCE NO.: 1031-09 Ds: 0.00 I T: 0.00 02/10/09 Dpty C erk AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, APPROVING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN; CHANGING THE FUTURE LAND USE MAP DESIGNATION FOR THE TERRITORY HEREINAFTER DESCRIBED FROM CITY FUTURE LAND USE MAP DESIGNATION RU TO CITY FUTURE LAND USE MAP DESIGNATION CITY IN, CONSISTENT WITH THE GOALS, OBJECTIVES, AND POLICIES OF THE ADOPTED, COMPREHENSIVE PLAN, AS REQUIRED BY THE GROWTH MANAGEMENT ACT OF 1985; AMENDING THE ZEPHYRHILLS LAND DEVELOPMENT CODE TO CHANGE THE ZONING ON LAND HEREINAFTER DESCRIBED FROM CITY ZONING CATEGORY CITY R-4 TO CITY ZONING LI, IN ACCORDANCE WITH PROVISIONS OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. pRUIiR 5 W NF IL pAsCU CLERK & COMPTR LLER 02/10/09 Q01 1 0l. 4 OR BK QQ PG WHEREAS, Clyde A. Biston, the owner of land hereinafter described in Section 2 below, did petition on the 5th-day of June, 2008 for rezoning of said land; and WHEREAS, the City Council has been given authority by the State of Florida pursuant t Chapter 163, Florida Statutes, to amend the Future Land Use Map of the City's territorial boundaries upon receipt of written consent of the land owners, together with the approval of the City Council of said Future Land Use Map amendment duly expressed by Ordinance; and WHEREAS, the City Council has been given authority by the State of Florida pursuant o Chapters 166 and 163, Florida Statutes, to rezone property within the City limits upon receipt cf written consent of the land owner, together with the approva of the City Council of said rezoning duly expressed by Ordinance; and 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 Development Code, as amended, and Chapters 163 and 166, Florida Statutes; and WHEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a public hearing on the 12th day of August, 2008 and November 20, 2008 to consider said proposed rezoning; and WHEREAS, the Future Land Use Map Amendment meets the criteria of a small-scale Map amendment for the proposed FLUM amendment in application of Clyde A. Biston are consistent with the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Council has determined that the City LI zoning category would be appropriate, and would promote the general welfare, and encourage proper development with, 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 in Pasco County, to wit: PARCEL I.D. NO.: 13-26-21-0000-00300-0021 SEE "EXHIBIT A" ATTACHED FOR COMPLETE LEGAL DESCRIPTION 3.91 acres m.o.l. Record and Return to: City Clerk's Office 5335 8th Street I Zephyrhills, FL 33542 OR BK 8018 PG 2 2 of 4 the Future Land Use Map designation is City IN and is hereby rezoned.as,L:I.°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 with 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. Th 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. 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. OR BK 8�1R PG 3 of 4 The foregoing Ordinance No. 1031-09 was read and passed on the first reading in an open ai d regular meeting of.the iy;Council of the City of Zephyrhill , Florida, on this 12th day f January 009 ,Attest• �' t inda D�$oan, City clerk is M. Lopez, CtxiIi1 dent The foregoin�g0r�iiTiance.No. 1031-09 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 Zephyrhill , Floric14 on2Fday of January, 2009. A`t�est _ 4 _______ li rtl D Boa , City Clerk Luis M. Lopez, Co cil Pr dent The,fo egoing Ordinance No. 1031-09 was approved by me this 26th day of January, 2009. W. Cliffê ikfie, 1VIor Approved as to legal form and legal coiitent For the reliance of the C•ty of Zephyrhills only1 oseph A. Poblick, City Attorney 1 OR BK 8018 PG 4 4 of 4 EXHIBIT "A" That portion of the Northwest 1/s of Section 13, Township 26 South, Range 21 East, in Pasco County,Florida,being described as follows: Commence at the Northwest corner 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 44minutes 55 seconds West, 395.70 feet for a POINT OF BEGINNING; thence continue South 00 degrees 07 minutes 19 seconds West,548.50 feet;thence run North 89 degrees 44 minutes 55 seconds West,455.47 feet to the Easterly right-of-way line of the Seaboard Coastline Railroad;thence North 28 degrees 04 minutes 07 seconds East, 620.16 feet along said Easterly right-of-way line; thence South 89 degrees 44 minutes 55 seconds East, 164.83 feet to the Point of Beginning. ii 1 . :