HomeMy WebLinkAbout1037-06 LINVILLE REZONING iJgqI1 !III!//IIII/,iiii,/jiiiiiilli!Ijfl
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ORDINANCE NO.: 1037-09 06/15/09 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 OP (OFFICE PROFESSIONAL) TO
CITY ZONING CATEGORY C2 (COMMUNITY COMMERCIAL) IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 166.041,
FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT,
SEVERABILITY,AND AN EFFECTIVE DATE: PAUL I S ONE I L, POSCO CLERK & COMPTR LLER
06/115/09 02:40om 1 of 3
OR BK 81O6 PG 1684
WHEREAS, the Estate of Lois Linville, the owner of land hereinafter described in Section
below, did petition on the 14th day of January, 2009 for rezoning of said land; 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 re�oning was given by the Ci
Council on May 28, 2009, as required by the Zephyrhills Land Development Code, as amende ,
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 15th day April, 2009 to consider said proposed rezoning; and
WHEREAS, the City Council has determined that the C2 (Community Commercial) zoning
category would be appropriate, would promote the general welfare, and encourage prop r
development within the City.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED B ((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.: 02-26-21-0010-05500-0020; 02-26-21-0010-05500-0040; and 02-26-2 -
0010-05500-0050
6.8 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 b
the City Council, the developer shall be required to comply with same unless sue
ordinances and/or resolutions materially and adversely change any conditions of approv 1
granted.
2) The developer shall obtain County ROW use permit(s) from the appropriate
County entity prior to access/driveway connections and comply with all provisions of the
Pasco County access management ordinance, substandard road analysis and ROW
preservation map as applicable. -
3) Unless otherwise approved during the site plan review process applicant shall insta 1
a type "C" buffer along the portion of Dairy Road adjacent to Driftwood:Retiremej t
Community if the property is ever redeveloped. V .
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33542
OR BK 8 1 O6 PG 1685
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4) The developer shall comply with all sections of the City Of Zephyrhills Land
Development Code.
5) The developer/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.
6) All site work/tree removal on subject property must be reviewed and approved by
the City's Planning department in writing and developer shall obtain_ all necessary
permits/approvals prior to commencement of construction.
7) Finished floor elevations for all habitable structures shall be at or above the
100-year flood plain elevation. All preliminary site plan submittals shall provide 100-year
flood elevation data. 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.
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) The developer(s) shall submit a stormwater management plan and report and be
approved prior to or simultaneous with application for construction plan review
(Stormwater plan shall be in compliance with the City's Basins of Special Concern
ordinance).
11) Future development on subject site shall comply with the City's traffic study
requirements.
12) Any future development on the subject site consisting of indoor amusements
meaning "a building or part of a building whose primary use is for player operated
amusement devices, such as video games or pinball"will not be authorized.
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 as provided in the City Charter and Chapter 163,
Florida Statutes.
The foregoing Ordinance No. 1037-09 was read and passed on the first reading in an open and
regular.meeting.of the City Council of the City of Zephyrhills, Florida, on this 11th day of May,
______ 'I
9 I /
Attest.
Linda D. Boari City Clerk Jodi Wilkeson, Council President
1 .
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()�� Vipv Sid;
OR aK 8106 PG 1686 fl
3 of 3
The foregoing Ordinance No. 1037-09 was read and passed on the second reading, following a
public hearin ,._in.."anhofpen and regular meeting of the City Council of the City of Zephyrhills,
Florida, on this 8 day oyune, 2009.
Attests:✓. •
Linda). Bóa City Clerk Jodi Wilkesori, Council President
The for egei Ordtliice No. 1037-09 was approved by me this 8th day of June, 2009.
� r
W. Cliff M3uffie, Ma?&
Approved as to legal form and legal content
for the reliance o.,£_the_C' fZehyrhil1s only:
Jo ph A. Poblick, City Attorney