HomeMy WebLinkAbout1033-09 ZEPHYR COMMONS FLUMA AND REZONING IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIIIIIIII IIII IIII
2015015409
ORDINANCE NO.: 1033-09
AN ORDINANCE OF THE CITY , COUNCIL OF THE . CITY OF
ZEPHYRHILLS, FLORIDA, APPROVING A SMALL SCALE FUTURE m o
LAND USE MAP AMENDMENT TO THE CITY'S COMPREHENSIVE`
PLAN; CHANGING THE FUTURE LAND USE MAP DESIGNATION
FOR THE TERRITORY HEREINAFTER DESCRIBED FROM COUNTY m m
FUTURE LAND USE MAP DESIGNATION RES-6 TO CITY FUTURE.)
LAND USE MAP DESIGNATION CITY MU, CONSISTENT WITH THE m 00
GOALS, OBJECTIVES, AND POLICIES OF THE . ADOPTED
COMPREHENSIVE PLAN, AS REQUIRED BY THE GROWTH n
MANAGEMENT ACT OF 1985; AMENDING THE ZEPHYRHILLS LAND $ "
DEVELOPMENT CODE TO CHANGE THE ZONING ON LAND r 1<m w
HEREINAFTER DESCRIBED FROM COUNTY ZONING CATEGORY m
COUNTY AR TO CITY ZONING C2, IN ACCORDANCE WITH
PROVISIONS OF SECTION 166.041, FLORIDA. STATUTES;
PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND '_.
AN EFFECTIVE DATE.
WHEREAS, Zephyr-Commons, LLC, as the owner of land hereinafter described,in Section 2
below, did petition on the 7th day of November, 2008 for rezoning Hof said'land;,and
WHEREAS, the City Council has been given authority by the State of Florida pursuant to
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 to
Chapters 166 and. 163, Florida Statutes, to rezone property within the City limits upon receipt of
written consent of the land owner, together with the approval 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 September 2, 2010, 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 January 20, 2009 to consider said proposed rezoning; and
WHEREAS, the Future Land Use Map Amendment.meets.the criteria Hof a small-scale Ma
amendment for the proposed FLUM amendment in application of Zephyr.Commons, LLC a e
consistent with the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Council has determined that the City C2 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:Thefollowing described lands, lying and being situated in Pasco County,to wit:
PARCEL I.D.NO.: 35-25-21-0010-05600-0000
1 acres m.o.l..
Legal.Description:'.THE NORTH 290.0 FEET OF THE .SOUTH 515.0 FEET OF THE
EAST.150.0 FEET OF THE SW 1/4' OF•THE SW 1/4 OF THE NW,1/4 OF SECTION 35,
TOWNSHIP 25 SOUTH, RANGE 21 EAST; BEING A PORTION OF TRACTS 56 AND
Record and Return to:
Clerk's Office PRULR S.0'NEIL,Ph.D.PRSCO CLERK CONPTROLLE
City
5335 8th Street 02/03/2015 �9 2m
SKPG 1680
Zephyrhills, FL 33542 OR 9142 �J
OR BK 9142 PG 1681
2 cf 2
57, ZEPHYRHILLS COLONY COMPANY LANDS SUBDIVISION, AS RECORDED IN
PLAT BOOK 1, PAGE 55, PUBLIC RECORDS OF PASCO COUNTY, FLORIDA,
BEING FURTHER DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF
SECTION 35, TOWNSHIP 25 SOUTH, RANGE 21 EAST, PASCO COUNTY, FLORIDA;
THENCE S. 89°53'13" E., ALONG THE SOUTH BOUNDARY THEREOF, A
DISTANCE OF 663.46 FEET; THENCE N. 00°0948" E., A DISTANCE OF 225.00 FEET
FOR A POINT OF BEGINNING; THENCE N. 89°53'13" E., A DISTANCE OF 150.00
FEET; THENCE N. 00°09'48" E.; A DISTANCE OF 290.00 FEET; THENCE S. 89°53'13"
E., A-DISTANCE OF 150.00 FEET; THENCE S. 00°0. 9'48" W., A DISTANCE OF 290.00
FEET TO A POINT OF BEGINNING. SAID LAND CONTAINING 1.0O ACRES MORE
— = OR LESS:--
the Future Land Use Map designation is City MU and is hereby rezoned as City C2 and included
within the boundaries of the City of Zephyrhills, Florida subject to the following conditions:
1. Zephyr Commons, LLC submits evidence acceptable to the City evidencing actual
ownership of the property in Fee Simple;
2. Future development shall comply with the new City's Basin of Special Concern
ordinance;
3. Future development shall be required to comply with the approved Developer's
Agreement associated with Zephyr Commons;
4. The developer(s)/applicant acknowledges that any provisions of the City of
Zephyrhills ordinances and rezoning conditions of approval not specifically waived
shall be in full force and effect, including all impact fees;
5. The developer shall comply with all sections of the City of Zephyrhills Land
Development Code; and
6. In the event ordinances/resolutions are subsequently adopted or amended by the City
Council, the developer shall be required to comply with same unless such
ordinances/resolutions materially and adversely change_any_ conditions_of approval
granted.
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 .
fore 12:f }iance No. 1033-09 was read and passed on the first reading in an open and
gt lar meng,,o ie City Council of the City of Zephyrhills, Florida, on this 9h day of
Fz 09
��
4t
a- B� ;.City Clerk % oe2lesident
�.Tie`foregoing Ordinance No. 1033-09 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.9nZhiv ,3th day of September, 2010.
vd lerk Lan . Sm' ouncil President
6.fbf6 r�x� d a ce;No. 1033-09 was approved by me this 13th day of September, 2010.
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