HomeMy WebLinkAbout972-07 Tibbetts Rezoning and FLUMA Rerecord to add exhibit
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20�7031�90s� ORDINANCE NO.: 972-07 D
AN „ORDINANCE OF THE CITY OF ZEPHYRHILLS,, .FLORIDA U
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 fl`�
COUNTY AGRICULTURE TO CITY DESIGNATION
CONSERVATION/WETLAND, 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 ;' m
�N
TO CHANGE THE ZONING CATEGORY FROM COUNTY AC
(AGRICULTURAL) TO CITY ZONING CATEGORY RC
(RECREATION/CONSERVATION), IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 166.041, FLORIDA STATUTES;
PROVIDING FOR CODIFICATION, CONFLICT SEVERABILITY, AND
AN EFFECTIVE DATE. (TIBBETTS).
WHEREAS, TIBBETTS PROPERTIES, LLC the owner of land hereinafter described in Section
2 below, did petition on the 31ST 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 territoria
boundaries upon receipt of written consent of the land owners, together with,the approval of the j"i
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 toi I a
Chapters 166 and 163, Florida Statutes, to rezone property within the City-limits upon receipt o it �o
written consent of the land owner, together with the approval of the City Council of sai
rezoning duly expressed by Ordinance; and e
WHEREAS, due public notice of hearing on the proposed rezoning was given-by the Cit
Council on January 22 2007, and on February 12, 2007, as required.by the Zephyrhills-Lan
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 Tibbetts Properties, L.L.C. is
consistent with the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Council has determined that the RC (RECREATION/CONSERVATION)
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 CT CO
UNCIL Y C UNCIL OF
ZEPHYRH _
ILLS, 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:
PARCEL I.D.NO.: 24-26-21-0010-10100-0010 /J n
6.23 acres m.o.1.
rV UVdI/ Ul/ ! U U
Record and Return to: S
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33542
v
the Future Land Use Map designation is Conservation/Wetland and is hereby rezoned as RC
(Recreation/Conservation) and included within the boundaries of the City of Zephyrhills, Florida
subject to the following conditions:
1. Subject property shall only be utilized for stormwater management purposes.
2. Any modification in change or use shall require a change to the Future Land Use map
and rezoning.
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 fo pc ing Ordin'Ance No. 972-07 was read and passed on the first reading in an open and
regular°meeting of thecity Council of the City of Zephyrhills, Florida, on this 22" day of
January, 20Q7.
Attest; J " C
�"'ryinda D:Boan;fifty Clerk Cl e C. Bracknell, Council President
The foregoing Ordinance No. 972-07 was read and passed on the second reading, following a
public hea i1rg,EAit' r open and regular meeting of the City Council of the City of Zephyrhills,
Floridabn this,12t .d'ay,of February, 2007.
Att st di C
L4'
Lin as .-Boan,'Ci Clerk c/de C. Bracknell, Council President
The foregoing pydir'hance No. 972-07 was approved by me this 12th day of February, 2007.
W. Cliff cD ffi , ayor
Approved as to legal form and legal content
Jose . Poblick, City Attorney
2 ro4 3
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EXHIBIT TO
ORDINANCE NO. 972-07
O 7Ø 1. 15
DESCRIPTION: (AS FURNISHED)
THAT PART OF TRACTS 101 AND 108, SECTION 24, TOWNSHIP 26
SOUTH, RANGE; 21 EAST, ZEPHYRHILLS- COLONY COMPANY LANDS,
AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 1 , PAGE 55, OF
THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, THAT LIES EAST
OF THE RIGHT OF WAY OF THE SEABOARD AIR LINE RAILROAD, LESS
1 SQUARE ACRE IN THE SOUTHEAST CORNER OF SAID TRACT 108.
CONTAINS 6.069 ACRES, MORE OR LESS.
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