HomeMy WebLinkAbout1043-09 MCGEE TIRES FLUMA & REZONING 2009140379
ORDINANCE NO.: 1043-09
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 COUNTY
FUTURE LAND USE MAP DESIGNATION RES-9 TO CITY FUTURE
LAND USE MAP DESIGNATION CITY MU, 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 COUNTY ZONING CATEGORIES
COUNTY C-2 TO CITY ZONING C2, IN ACCORDANCE WITH
PROVISIONS OF SECTION 166.041, FLORIDA STATUTES;
PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, ABMM, Inc., the owner of land hereinafter descrbed in Section 2 below, di
petition on the 11th day of May, 2009 for rezoning of said land; andl
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
i •
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 o
written consent of the land owner, together with the..approval Hof the City Council of sai
rezoning duly expressed by Ordinance; and
WHEREAS, due public notice of hearing, on the proposed rezoning was given by the City
Council on August 11, 2009, as required by the Zephyrhills Land Development Code, as
amended, and Chapters 163 and 166, Florida Statutes; and
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WHEREAS, the Planning Commission, sitting as the Local Planning Agency, did-hold a public
hearing on the 14th day of July, 2009 to consider said proposed rezo ing;'and
WHEREAS, the Future Land,,Use Map Amendment meets the criteria of a small-scale Map
amendment for the proposed PLUM amendment in application of ABMM, Inc..-are 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 within
the City. . . ,:,:•;,
NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF
ZEPHYRHILLS, FLORIDA, AS FOLLOWS: = w
Section 1: The above Whereas clauses are hereby adopted and incorporatezl
Section 2: The following described lands, lying and being situated in Pasco County,to wit:
Legal Description: See Exhibit"A"Attached.
Rcpt:1266306 Rec: 27.00
PARCEL I.D. NO.: 35-25-21-0010-12100-0030 DS: ,0.00 I T: 0.00
10/01/09 Dpty Clerk
.96 acres m.o.1.
PAULA S. O'NEIL, PASCO CLERK & COMPTROLLER
10/01/09 12:114om 1 of3
OR BK 8182 PG 1249
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33542
OR BK 18 61250
2
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. The owner shall coordinate with Pasco County Health Department for the removal of the
existing septic tank located on the above,referenced real property.
2. 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.
3. The owner/applicant shall comply with all City of Zephyrhills ordinances/Land
Development Code(s) and submit required impact/connection fees;
4. Site shall provide a City approved dumpster that is field located and dumpster enclosure
that meets City of Zephyrhills specifications within 60 days of approval of annexation.
5. The owner/applicant shall convey at no cost or expense to the City of Zephyrhills ten feet
of right-of-way along Daughtery Road for future roadway improvements;
6. The owner/applicant acknowledges that any provision of the City of Zephyrhills
ordinances and rezoning conditions of approval not specifically waived shall be in full
force and effect, including all impact fee;
7. Future site or building expansion, or 50% remodel shall require existing grandfathered
site to be brought up to all City Codes.
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:. 'Thisordinance shall take effect as provided in the City Charter and Chapter 163,
Florida Statutes.
The.fo o1 g �?d1 ance No. 1043-09 was read and passed on the first reading in an open and
regu ar.me ting of•tffe,,City Council of the City of Zephyrhills, Florida, on this 10th day of
Attest:
Lii�c a ID.:Roan,:C Clerk 0 1 ilkeson, Council President
1
The fdrin Odnaie;No. 1043-09 was read and passed on the second reading, following a
public hear }, nan open d regular meeting of the City Council of the City of Zephyrhills,
Florida;>'on his 4th day ofeptember, 2009.
Attest: _ • __
c� Lind 1.b6an, ity;.Clerk Jodi Wilkeson, Council President
1 h%•
foreg to,i g�_rdingiicb No'1043-09 was approved by me this 14th day of September, 2009.
r
M v .` W. Cliff cD ffi ayor
INT
Approved as to legal form and legal content
for the reliance of the City of Zephyrhills only:
/16s�ph A. Poblick, City Attorney
OR BK 8182 PG 1251
EXHIBIT "A" 3 of 3
to
ORDINANCE #1043-09
LEGAL DESCRIPTION;
The South 150 feet ofthe West 280 feet of Tract 121,ZEPHYRHIL.LS COLONY COMP NY
LANDS, Section 35,.Township 25 South,Range 21 East, according to the plat thereof re orded
in Plat Book 1,Page 55,Public Records of Pasco County,110rida being further described as
follows;
Commence at.the Southwest comer of said Tract.121.for a POINT OF BEGINNING;the ce
N.00°14'50"W. along the West boundary of said Tract 1*21,and the East right-of-way line of
U.S. 301,a distance of 150.00 feet; thence S.89°59'44"E., a distance of 280:00 feet;-then
S.00°14'50"E., a distance of 150.00 feet to the South boundary of said Tract 121,also be' g the
North right-of-way line-of Daughtry Road; thence N.89°5944"W.along said right-of-wa a
distance of 280.00 feet to the POINT OF BEGINNING..Containing 0.96 acres.
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