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Home My WebLink About982-07 Biston Property - Future Land Use and Rezoning - Airport Road • IIIIIIIIIIIIIIIII III IIIIIIIIIIIIIIIilIIIIIIIIIIt IIIIIIIII 2007149742 Rcpt: 1126665 Rec: 35.50 ORDINANCE NO.: 982-07 0 DS: 0.00 IT: 0.00 09/05/®7 Dpty Clerk AN ORDINANCE OF THE CITY COUNCIL 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 HEREINAFTER DESCRIBED AS PARCEL 13- 26-21-0000-00300-0020 FROM CITY FUTURE LAND USE MAP DESIGNATION RU (RESIDENTIAL URBAN) TO CITY FUTURE LAND USE MAP DESIGNATION IN (INDUSTRIAL), CONSISTENT WITH THE GOALS, OBJECTIVES, AND POLICIES OF THE ADOPTED COMPREHENSIVE PLAN, AS REQUIRED, BY THE GROWTH MANAGEMENT ACT OF 1985; AMENDING THE ZEPH VRHILLS LAN]) DEVELOPMENT CODE TO CHANGE THE ZONING ON LAND HEREINAFTER DESCRIBED AS PARCELS 13-26-21-0000-00100-0030 AND 13-26-21-0000-00300-0020 FROM CITY ZONING CATEGORIES R-4 (MULTI-FAMILY) AND Cl (NEIGHBORHOOD COMMERCIAL) TO CITY ZONING LI (LIGHT INDUSTRIAL), IN ACCORDANCE WITH PROVISIONS . OF` SECTION 166.041, FLORIDA . STATUTES;. PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. (BISTON PROPERTY).. . JED PITT PN PASCO COUNTY CLERK 09/05/07 09:28am' 1 o 4 OR BK 7622 P6 1268 WHEREAS, Clyde A. Biston and Judith M. Biston, the owners of land hereinafter described in Section 2 below, did petition on the 23rd day of May, 2007 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 August 9 and August 16, 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 17th day of July, 2007 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 Clyde A. Biston and Judith M. Biston are consistent with the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Council has determined that the Light Industrial (LI) 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 incorporatediherein. 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 7622 PG 1269 ` 2 of 4 PARCEL I.D.NO.: 13-26-21-0000-00100-0030 and 13-26-21-0000-00300-0020 4.6 acres m.o.l. the Future Land Use Map designation is Industrial (IN) and is hereby rezoned Light Industrial (LI) 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. The developer shall obtain City ROW use permit from the City Building Department prior to access/driveway connection. 4. 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. 5. Future development plans shall address the following criteria: a.) Minimum 75' structure setback from the south property line, b.) Provide at a minimum type "c" buffer along the entire south and west boundary lines,v.) Site design should consider maximizing distance of structures/parking from the south boundary line, d.) all development lighting shall be directed away from the southern boundary line. 6. The developer(s) shall submit a traffic study, which will be reviewed by Staff/City consultants. Prior to approval of the site plan, the developer(s) shall construct any necessary road improvements/ROW dedication to the City of Zephyrhills as deemed necessary by the traffic study at no costs to the City of Zephyrhills. 7. Archaeological resources found during site construction shall require work to immediately cease and contact the City Planning Department for necessary actions/coordination with the Department of State, and 8. The developer(s) shall submit a stormwater management plan and report and be approved prior to or simultaneous with application for site 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 upon passage on the second reading and signing by the Mayor. The foregoing Ordinance No. 982-07 was read and passed on the first reading in an open and regulre � the City Council of the City of Zephyrhills, Florida, on this 13th day of Au ist,, 007. •`yr• iica_ $gad, pity Clerk Kenneth V. Compton, Council President OR BK 7622 pO 1270 3 of 4 The foregoing ordinance No. 982-07 was read and passed on the second reading, following a pubJ Reariig,•.t aj open and regular meeting of the City Council of the City of Zephyrhills, I 1 i�la,.on has�7fl`-day of August, 2007. test: - v ( 1 da_ : B:aatiity Clerk Kenneth V. Compton, Council President Cot' ►TY.F''� The foregoing Ordinance No. 982-07 was approved by me this 27th day of August, 2007. W. Cliff ffi , May Approved as to legal form egal content Jo A. Poblick, City Attorney P 1 OR BK 7°6x22 vac 127 4 of 4 EXHIBIT "A"_ IL Parcel ID# 13-26-21 -0000-00100-0030 DESCRIPTION THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 26 SOUTH, RANGE 21 EAST, IN PASCO COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 13, RUN N. 89'54'37" E., 1339.57 FEET ALONG. THE NORTH LINE OF SAID SECTION 13; THENCE S. OOO7'19"11 W., 749.03 FEET; THENCE RUN N. 89'44'55" W., 30.00 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N. 89'44'55" W., 530.53 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD; THENCE N. 2804'07" E., 273.21 FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE; THENCE N. 8954'37" E., 402.50 FEET; THENCE S. OOO7'19" W., 244.03 FEET TO THE POINT OF BEGINNING. HI Parcel ID# 13-26-21-0000-00300-0020 DESCRIPTION THAT PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 26 SOIIJTH,, RANGE 21 EAST, PASCO COUNTY. FLORIDA, LYING EAST OF THE SEABOARD COAST LINE RAILROAD RIGHT-OF-WAY, EXCLUDING THE RIGHT-OF-WAY, EXCLUDING ROAD RIGHT-OF-WAY AND EXCLUDING THE FOLLOWING DESCRIBED PORTION THEREOF: COMMENCE AT THE NORTHWEST CORNER OF SECTION 13, TOWNSHIP 26-SOUTH, RANGE 21 EAST, PASCO COUNTY, FLORIDA; THENCE N. 8954'37" E., 1339.57 FEET ALONG THE NORTH LINE OF SAID SECTION 13; THENCE S. 00'07'19" W., 505 FEET; THENCE S. 89'54'37 W., 30 FEET FOR A POINT OF BEGINNINGI THENCE S. 0007'19" W., 792.53 FEET; THENCE N. 89'44'55" W., 851.17 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF SEABOARD COAST LINE RAILROAD; THENCE N. 2804'07" E., 896.76 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE N. 8954'37 E., 402.50 FEET TO-THE POINT OF BEGINNING AND EXCLUDING THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY BEING NON-OPERATING RAILROAD RIGHT-OF-WAY AND LYING EASTERLY OF THE OPERATING SEABOARD COAST LINE RAILROAD RIGHT-OF-WAY. COMMENCE AT THE INTERSECTION OF SOUTH LINE OF ORANGE AVENUE AND EAST LINE OF AUBURN STREET PER PLAT OF HIGHLAND PARK, AS RECORDED IN PLAT BOOK 3, PAGE 39. OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA FOR A POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTH LINE, 609.70 FEET; THENCE SOUTHERLY, PERPENDICULAR TO PRECEDING COURSE, 211 FEET; THENCE WESTERLY, PARALLEL TO SOUTHERLY LINE OF ORANGE AVENUE, 609.54 FEET TO THE EAST LINE OF AUBURN ST EET; THENCE NORTHERLY ALONG SAID EAST LINE, 211 FEET TO THE POINT OF BEGINNING. iII -• 1' • r