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HomeMy WebLinkAbout1061-10 TAYLOR WOODROW IIIIIIIIIIII111111111111111IIIII11111111111III1 III 111111111 2010170024 'Rcpt:1338127 Rec: 35.50 ORDINANCE NO. 1061-10 DS: 0.00 I T: 0.00 11/30/10 S. Hatcher, Dpty Clerk 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 1029-08; CHANGING THE FUTURE LAND USE MAP DESIGNATION FOR THE TERRITORY HEREINAFTER DESCRIBED FROM MU TO 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 ZONING CATEGORY PUD TO ZONING LI, IN ACCORDANCE WITH PROVISIONS OF SECTION 166.041, I FLORIDA STATUTES; PROVIDING FOR CODIFICATION,.CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. PAULA S.0'NEIL,Ph.D.PA5C0 CLERK & CON TROLLER 11/30/10 09:57am 1 of 4 OR BK 8474 PG 1817 WHEREAS, Taylor Woodrow Homes Florida, Inc., the owner of land hereinafter described i Section 2 below, did petition on the 30th day of May, 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 territori4 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 t 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 WHEREAS, due public notice of hearing on the proposed rezoning was given by the Cit, 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 publi 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 Ma amendment for the proposed FLUMA amendment in application of Taylor Woodrow Homes Florida, Inc. is consistent with the goals, objectives and policies of the Comprehensive Plan; an WHEREAS, the City Council has determined that the LI zoning category would be appropriat , 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, r-- 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 OR BK 8474 PG 1818 2 of 4 PARCEL I.D. NO.: 23-26-21-0020-01300-0020; 24-26-21-0010-03900-0010 100 acres m.o.l. the Future Land Use Map designation is IN and is hereby rezoned as LI 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 shalil 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; 10.) Future development plans shall include a multi-purpose trail along Chancey Road; 11.) The City will continue on-going efforts to utilize the increase of the City's water use permit and annexation agreement/utilities service area agreement with Pasco County. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. f I OR BK 84`74 PG 1819 3 of 4 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 by the Mayor. The foregoingiOtdihanc, No. 1061-10 was read and passed on the first reading, following a public heaung n anopcLi.nd regular meeting of the City Council of the City of Zephyrhills, Florida, on tl i p1 oG inber, 2010. Attest -t `nnda ,Y o , City'Clerk Lance Smit Co cil P ident The foregoing Ordinance NS. 1061-10 was read and passed on the second reading, following a public hearing, in..an:_pp}en and regular meeting of the City Council of the City of Zephyrhills, Florida, on s Zen t1aof November, 2010. Isid .> ovv ity;C k L A[ Smit , ounci esident The foregoing Ordinanc S!o. 1;06 -1..0 was approved by me this 22nd day of November, 2010. I z} I 1 , 1 W. Cliff cD ffie, yor ' I Approved as to legal form and legal content seph A. Poblick, City Attorney I i ,I I I ' H I I f f OR BK 8474 Ps 1820 EXHIBIT "A99 4 Of 4 to ORDINANCE# 1061-10 DESCRIPTION: Part of the Northwest 1/4 of the Northwest 1/4 of Section 24, Township 26 South, Range 21 East, Pasco County, Florida, lying West of the CSX Transportation, Inc. railroad right—of—way; AND that part of the Southwest 1/4 of the Northeast 1/4 of Section 23, Township 26 South, Range 21 East, lying East of State Road No i 39; AND part of ZEPHYRHILLS COLONY COM ANY recorded in Plot Book 1, Page,55. of the Public Records of Pasco County. Florida, TOGETHER WITH portions of platted_rights—of—w, y__(to be vacated), all-lying in Sections 23 and 24, Township 26 South, Range 21 East, Pasco County, Florida; being more particularly described as follows: COMMENCE at the Northwest corner of said Section 24. run thence along the West boundary of said Northwest 1/4 of the Northwest 1/4 of Section 24, S.01'47'15"W., 81.76 feet to a point on o curve on the Westerly right-of—way line of said CSX Transportation Inc. railroad right—of—way for a POINT OF BEGINNING; thence along said Westerly right—of—way line the following two (2) cours s: 1) Southeasterly. 388.84 feet along the arc of a curve to the left having a radius of. 4643.87 feet and a central angle of !4'47'51" (chord bearing S.2352'00"E., 388.72 feet); 2) S.25'21'34"E., 2252.90 feet to the Northerly right—of—way line of Chancey Road; thence along said Northerly right—of—way line, S.76'02'04"W., 980.66 feet; thence N.13'59'113"W., 304.02 feet; thence N.87'14'09"W., 13592 feet; thence N.60'50'02W., 15.29 feet; thence N_00'59'46"W., 46.71 feet; thence NIt4020'05"E., 58.36 feet; thence N.26'21'57"W, 84.10 feet; thence N.0653'03"W_, 56.97 feet; thence N.07'47'10"E., 25.05 feet; thence NJ3930'00"W., 339.49 feet; thence S.50'30'00" ., 316.09 feet; thence 5.7355'48"W., 849.08 feet to the Easterly right—of—way line of State(Road Na. 39; thence along said Easterly rig t—of—way line. N.27'12'50"W., 1930.45 feet; thence N.42'39'22"E., 374.87 feet to the North boundary of Tract 14 of said plot of ZEPHY HILLS COLONY• COMPANY in said Section 23; thence along said North boundary of Tract 14, N.89'4709"E., 568.64 feet to the Northeast orner thereof; thence along the East boundary of said Tract 14, S.00'44'51"W., 328.75 feet to the Southeast corner thereof; thence alorjg the Easterly extension of the South boundary of said Tract 14, N_89'43'51"E., 15.00 feet Ito the centerline of plotted right—of—way, al o being the West boundary of the Northeast 1/4 of the Northeast 1/4 of aforesaid Section 23; thence along the North boundary of Tract 18 of said plat of ZEPHYRHILLS COLONY COMPANY in said Section 23, and the Westerly extension thereof, and the North boundo y of Tract 17 of said plat of ZEPHYRHILLS COLONY COMPANY in said Section 23, and the Easterly extension thereof, N.89'44'13"E., 1363.25 feet to the Northeast corner of the Southeast 1/4 of said Northeast 1/4 of the Northeast 1/4 of Section 23; thence along aforesaid West boundary of the Northwest 1/4 of the Northwest 1/4 of Section 24, N.01'47I15"E., 573.24 feet to the POINT OF BEGINNING. Containing 100.437 acres, more or less. .1 .