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Home My WebLink About968-07 Adventist Rezoning and FLUMA :• __ � �� I. III ,I�I .II ;ICI, s l II Rerecord to add exhibit n I{III I41?1 ��I� IIII��il �lll�i��9�ll�ll��l�i�19110II1�11 ORDINANCE NO.: 968-07 1 IT. D ci 20®7036898 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS,,, :FLORIDA APPROVING A SMALL SCALE I FUTURE LAND USE . MAP AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN; CHANGING THE FUTURE LAND USE MAP DESIGNATION FOR THE TERRITORY HEREINAFTER DESCRIBED FROM li COUNTY FUTURE LAND USE RES-9 (RESIDENTIAL) TO CITY DESIGNATION MU (MIXED USE), 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 CATEGORY FROM COUNTY . AR (AGRICULTURAL/RESIDENTIAL) TO CITY ZONING CATEGORY OP (OFFICE PROFESSIONAL), IN ACCORDANCE WITH THE PROVISIONS. OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT SEVERABILITY, AND AN EFFECTIVE DATE. (ADVENTIST). WHEREAS, ADVENTIST HEALTH SYSTEM/SUNBELT, INC., the owner of land hereinafter described in Section 2 below, did petition on the 12th day of October, 2006 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 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 ( j 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 I m rezoning duly expressed by Ordinance; and I o m � WHEREAS, due public notice of hearing on the proposed rezoning was given by the City J Council on January 22 2007, as required by the Zephyrhills Land Development Code, as M 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 12th day of December, 2006 to consider said proposed rezoning; and K m WHEREAS, the Future Land Use Map Amendment meets the criteria of a small-scale Map amendment for the proposed FLUM amendment in application of Adventist Health System/Sunbelt, Inc. is consistent with the.goals, objectives and policies of the Comprehensive Plan; and Nrn WHEREAS, the City Council has determined that the OP (Office/Professional) zoning category w �, would be appropriate, would promote the generalwelfare, and encourage proper development within the City. NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF ZEPHYRHILLS, FLORIDA, AS FOLLOWS: IR'o 0 Section 1: The above Whereas clauses are hereby adopted and incorporated herein. Section 2: The following described lands, lying and being situated in Pas ciq:i qunt to wit: PARCEL I.D.NO.: 35-25-21-0010-07100-0000 = 5.14 acres m.o.l. Record and Return to: City Clerk's Office ;I, 5335 8th Street Zephyrhills, FL 33542 the Future Land Use Map designation is MU (Mixed Use) and is hereby rezoned as OP (Office Professional) and included within the boundaries of the City of Zephyrhills, Florida subject to the following conditions: 1. Future development shall comply with the basins of special concern city ordinance. 2. The developer/applicant acknowledges that nay provisions of the City of Zephyrhills .ordinances and rezoning conditions of approval not specifically waived shall be in full force and effect, including, but not limited to all impact fees. 3. Developer_ shall submit a traffic study and address necessary improvements to Dairy Road and Pretty Pond Road. 4. The developer , shall comply with all sections of the City of Zephyrhills Land Development Code. 5. 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. 6. The developer shall obtain all County ROW use permits from the appropriate County entities prior to access/driveway connection, and shall comply with all the provisions of the Pasco County access management ordinance as applicable. 7. Jurisdictional Wetlands shall be placed under a perpetual conservation easement with the Southwest Florida Water Management District(SWFWMD). 8. 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. 9. Streetlights shall be installed in accordance with the standards set forth in the current addition of the America National Standard Practice for Roadway Lighting, published by the Illuminating Engineering Society of North America. If enhanced or upgraded street lighting is installed, streetlights shall be operated and maintained by a street lighting district. 10. Future Subdivision of subject property shall be required to comply with platting requirements as stated in Part 11.03.00 of the City of Zephyrhills's Land Development Code. 11. The developer(s) shall submit a stormwater management plan and report and be approved prior to or simultaneous with application for construction plan review. 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 foregoi CJrillh no'-No. 968-07 was read and passed on the first reading in an open and regular;' ,6eting of the ' Council of the City of Zephyrhills, Florida, on this 22° day of January-2.007. Attes C , L// =Linda Vda_ ,,_qiy-:Q-e1ik Cl de C. Bracknell, Council President 74J c 2 of 4 The foregoing Ordinance No. 968-07 was read and passed on the second reading, following a public hearing, in{h gpe n and regular meeting of the City Council of the City of Zephyrhills, Florida, oii thi's,.12-•°day.b,February, 2007. Attest: :'' ✓ e Lindoan;"City Clerk 5Wde C. Bracknell, Council President The foregoing%Qrclir ancekNo. 968-07 was approved by me this 12tt'day of February, 2007. W. Clif c ffie, ayor Approved as to legal form and legal content • oseph A. Poblick, City Attorney old BK 7 405 IPG 108 3 of 4 J 1 L• EXHIBIT TO ORDINANCE NO. 968-07 OR BK 7405 PG 109 4 of 4 LEGAL DESCRIPTION That part of Tracts 71 and 74, ZEPHYRHILLS COLONY COMPANY LANDS, in Section 35, Township 25 South, R nge 21 East, as pet- plat thereof recorded in Plat Book 1, Page 55, Public Records of Pasco County, Florida, lying West of Dairy Road, LESS AND EXCEPT the Northerly 10.00 feet of said Tract 71 and LESS AND EXCEPT the Soutf, 154.80 feet of said Tract 74; SUBJECT TO an easemer�t for ingress and egress over and across the North 30.00, feet of the South 184.80 feet of said Tract 74 LESS he East 110 feet thereof. (AS SUPPLIED BY CLIENT)