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Home My WebLink About970-07 Bachtel Rezoning and FLUMA � � � � 1111111 11111 lll.li Ilili illil hill 11111 VIII VIII II''ill liil IIII 20070361903 Rcpt: 10780615 Rec: 2.7.0 ORDINANCE NO.: 970-07 DS. 0.00 I T: 0.00 02/28/07 Dpty Clerk AN ORDINANCE 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 M N HEREINAFTER DESCRIBED FROM COUNTY FUTURE LAND USE W -, RES-6 (RESIDENTIAL) TO CITY DESIGNATION CITY RESIDENTIAL SUBURBAN, CONSISTENT WITH THE GOALS, OBJECTIVES, ANDS 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 -t, (AGRICULTURAL/RESIDENTIAL) TO CITY ZONING CATEGORY R2 ¶ (RESIDENTIAL), IN ACCORDANCE WITH THE PROVISIONS OF IQ�o SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT SEVERABILITY, AND AN EFFECTIVE DATE. (BACHTEL). WHEREAS, Marie Bachtel, the owner of land hereinafter described in Section 2 below, did petition on the 9th 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 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 rezoning was given by the City Council on January 22 2007, 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 hearing on the 12th day of December, 2006 to consider said proposed rezoning; and WHEREAS, the Future Land Use Map Amendment meets the criteria of a small-scale Map amendment for the proposed FLUM amendment in application of MARIE BACHTEL is consistent with the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Council has determined that the R-2 (RESIDENTIAL) zoning category would be appropriate, 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: 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: The South 4 t/2 Acres of Tract 20, in Section 2, Township 26 South, Range 21 East, Zephyrhills Colony Company, as recorded in plat book 1,page 55, in the public records of Pasco County, Florida, Less that portion in use as road right-of-way. City of Zephyrhills City Clerk's Office 5335 8th Street ;:.. Zephyrhills, FL 33542 O#': {.K 74 2 °i z Being more particularly described as follows: Commence at the Southeast corner of Tract 20, of Zephyrhills Colony Company, Thence run North 89°, 58 minutes, 55 seconds West, a distance of 641.26 feet to the East right-of-way line of Wire Road; thence run along the East right-of-way line of Wire Road,North 00°, 18 minutes, 33 seconds East a distance of 297.02 feet; thence leaving said right-of-way line run thence North 89°, 59 minutes, 21 seconds, West a distance of 642.49 feet to the East boundary of Tract 20; thence run South 00°, 32'minutes, 48 seconds West, a distance of 297.11 feet to the point of beginning containing 4.38 acre ,more o'r less. PARCEL I.D. NO.: 02-26-21-0010-02000-0010, and 02-26-21-0010-02000-0020- 4.38 acres m.o.l. 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. The developer shall comply with all City of Zephyrhills ordinances; _impact/connection fees and the City of Zephyrhills's Land Development Code. 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. Jurisdictional Wetlands shall be placed under a perpetual conservation easement with the Southwest Florida Water Management District(SWFWMD). 4. 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. 5. 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. 6. 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. 7. 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. 8. 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 foregoing Ordinance No. 970-07 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 22° day of January, 2007. i y OR 13K 7405 PG 124 .1 Fhr� 3 of 3 Attes`: HJ C Lind, 'Boars, ityylerk C de C. Bracknell, Council President The fore oingr`fiinanclo. 970-07 was read and passed on the second reading, following a public h afipgr i fin,o en and regular meeting of the City Council of the City of Zephyrhills, Florida, on this -day of February, 2007. • P 1� Pa►o A Wit:. ' C � �� Linda D. Boa :City Clerk C de C. Bracknell, Council President The,forego g Ordinanc&No. 970-07 was approved by me this 26th day of February, 2007. <n ` W. Cliff Du fie, Ior Approved as to legal fo nd legal content seph A. Poblick, City Attorney I cy •�. ii r ji .ti