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Home My WebLink About1060-10 CHANCEY PARTNERS I IIiIII iiIiEIIlll lllll lllll lllll lllil lllll lIIIi illll llll lh 2010170023 ORDINANCE NO. 1060-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, APPROVING A LARGE SCALE FUTURE LAND USE MAP AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN; AMENDING ORDINANCE 1028-08; CHANGING THE FUTURE LAND USE MAP DESIGNATION FOR THE TERRITORY HEREINAFTER DESCRIBED FROM COUNTY IL TO CITY INDUSTRIAL, 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 CATEGORY LI TO CITY ZONING LI, IN ACCORDANCE WITH PROVISIONS OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY,AND AN EFFECTIVE DATE. "Rcpt:1338127 Rec: 35.50 DS: 0.00 IT: 0.00 11/30/10 S. Hatcher, Dpty Cle k WHEREAS, Chancey Partners, LLC, the owner of land hereinafter described in Section 2 below did petition on the 31St day of July, 2008 for rezoning of 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 territoria boundaries upon receipt of written consent of the land owners, together with the approval of th w 3) City Council of said Future Land Use Map amendment duly expressed by Ordinance; and w Z 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 of the City Council of said rezoning duly expressed by Ordinance; and �,o WHEREAS, due public notice of hearing on the proposed rezoning was-given by the City A Council on June 25, 2009 and July 2, 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 M hearing on the 19th day of June, 2008 to consider said proposed rezoning; and WHEREAS, the Future Land Use Map Amendment meets the criteria of a large-scale Map amendment for the proposed FLUMA amendment in application of Chancey Partners, LLC is 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, would promote the general welfare, and encourage proper development within the City. WHEREAS, the City Council has reviewed and adopted the City's EAR based amendments and Water Supply Facilities Work Plan on September 27, 2010 and is hereby re-advertising, _re- adopting and re-submitting the large scale Comprehensive Plan Amendment 09-01 to the Florida Department of Community Affairs pursuant to Subsection 163.3184, F.S. NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF 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: See Exhibit"A" attached. Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33542 ®R BK 8474f PG PARCEL I.D. NO.: 19-26-22-0010-00000-0010,' 19-26-22-0010-00000-0020, 19-26-22-0010- 00000-0030, 19-26-22-0010-00000-0040, 19-26-22-0010-00000-0050, 19-26-22-0010-00000- 0060, 19-26-22-0010-00000-0070, 19-26-22-0010-00000-0080, 19-26-22-0010-00000-0090, 19- 26-22-0010-00000-0100, 19-26-22-0010-00000-0110, 19-26-22-0010-00000-0120, 19-26-22- 0010-00000-0130, 19-26-22-0010-OOA00-0000, 19-26-22-0010-00B00-0000, 19-26-22-0010- LB 100-0000, 19-26-22-0010-LB200-0000, 19-26-22-0010-LB300-0000, 19-26-22-0010-LB400- 0000, and 19-26-22-0010-49900-0000. 52.7 acres m.o.1. the Future Land Use Map designation is Industrial and is hereby rezoned as Light Industrial and included within the boundaries of the City of Zephyrhills, Florida ,subject to the following conditions: 1.) The owner/developer shall provide to the City a copy of County ROW use permit, traffic study and other .related permits and approvals obtained from Pasco County prior to access/driveway connection, and shall comply with all the provisions of the Pasco County access management ordinance as applicable; 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.) Streetlights shall be installed in accordance with the standards set forth in the current addition of the American National Standard Practice for Roadway Lighting, published by the Illuminating Engineering Society of North America. All streetlights shall be operated and maintained by the property owner and/or the property owners association. 4.) The developer shall comply with all sections of the City Of Zephyrhills Land Development Code; 5.) 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; 6.) Jurisdictional Wetlands shall be placed under. a perpetual conservation easement with SWFWMD; 7.) 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; 8.) 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. 9.) All site work/tree removal on subject property must be reviewed and approved by the City's Planning Department and obtain necessary permits/approvals prior to commencement; OR BK 8474 PG 1815 10.) The property owner(s) and/or property! owners association shall be solely responsible for any and all future roadway resurfacing of the roadwa' indicated at Parcel ID No. 19-26-22-0010-49900-0000. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to th extent of such conflict. Section 4: That if any section, sentence, clause, or phrase of this ordinance is held to be invali or unconstitutional by a court of competent jurisdiction, then said holding shall in no way affec the validity of the remaining portions of this ordinance. Section 5: This ordinance shall take effect upon passage on the second reading and signing b the Mayor. The foregoing Ordinance:-No. 1060-10 was read and passed on the first reading, following a public hearing Linf.an'6pe' and_;%r.egular meeting of the City Council of the City of Zephyrhills, Florida, on•this 8 ',,day a To ember, 2010. Attest: Linda b Boan, City Clerk Lance mith Council ident r it i' The foregoing 0idinance No. 1060-10 was read and passed on the second reading, following a public hearing,.in an..6pen and regular meeting of the City:Council of the City of Zephyrhills, Florida,',an.this.22nd:day of November, 2010. Attest °" nda oan City clerk Lanc ! SmI uncil resident k; 0 The fore g Oiri r n rd nairrce Igo 1O60-10 was approved b me this 22nd day of November, 2010. g; �� pp by l�J W. Cliff Muffie, Map' Approved as to legal form and legal content for the sole reliance of the City of Zephyrhills J eph A. Poblick, City Attorney J . 1 , • OR OK 8474 PG 16 • EXHIBIT "4" 4 of 4 to • ORDINANCE# 1060-10 LEGAL DESCRIPTION: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 19; TOWNSHIP 26 SOUTH, RANGE 22 EAST,.PASCO COUNTY, FLORIDA FOR A POINT OF BEGINNING; THENCE S8943'21,"E, ALONG THE•NORTH BOUNDARY OF SAID NORTHEAST-1/4, 616.06' TO A POINT ON THE NORTHWESTERLY(RIGHT-OF-WAY OF CHANCEY ROAD, SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 2804.79', CHORD BEARING OF S46"23'14"W AND CHORD OF 2513.78'; THENCE ALONG SAID CURVE AND RIGHT-OF-WAY, 2608.67'; THENCE IO1'09'00 E, 888,71' TO THE P.C. OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS..OF 600.00', CHORD BEARING OF N15'58'09W, AND A CHORD OF 362.60'; THENCE ALONG THE ARC OF SAID CURVE, 367.79'; THENCE N33'01'(0"W, 802.68' TO THE P.C. OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00', CHORD BEARING OF Npr37'30"E, AND CHORD OF 130.27';.THENCE ALONG SAID CURVE, 141.87'; THENCE N48'18'00"E, 122.p0' TO.THE NORTH IOUNDARY OF THE NORTHWEST 1/4 OF SAID.SECTION 19; THENCE S89.44'34 E,' ALONG SAID BOUNDARY, 1603.16' TO T POINT OF BEGINNING. CONTAINING 62.703 ACRES, I 4 H' II ,