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HomeMy WebLinkAbout984-07 Biston FLUMA - Eiland Blvd. and Fort King Rd. I • r � IIIIIIIVIIIIIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIIIIII IIIIIII 2007149744 Rcpt: 1126665 Rec: '35.50 DORDINANCE NO.: 984-07 0 : 0.00 I T: 0.00 09/05/07 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 FROM COUNTY FUTURE LAND USE MAP DESIGNATION RES-9 TO CITY FUTURE LAND USE MAP 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 ON LAND HEREINAFTER DESCRIBED FROM COUNTY ZONING CATEGORY C- 2 TO CITY ZONING OP (OFFICE PROFESSIONAL), IN ACCORDANCE WITH PROVISIONS OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. (BISTON PROPERTY) JED PITTMAN PASCO COUNTY CLERK 09/05/07 09:28am 1 of 14 OR BK 7622 PG 1275 WHEREAS, Clyde A. Biston and Judith M. Biston, the owners of land hereinafter described in Section 2 below, did petition on the 23`d 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 City Office Professional (OP) 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: J See Exhibit"A"attached. PARCEL I.D.NO.: 03-26-21-0010-06300-0000 and a portion of 03-26-21-0010-05100-0000 2.23.acres m.o.1. j • Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33542 OR BK 7622 Ps 1276 2 of 4 the Future Land Use Map designation to City MU (Mixed Use) and the rezoning to City OP (Office Professional) and included within the boundaries of the City of Zephyrhills, Florida subject to the following conditions:. 1. The future project shall comply with the new City's Basins of Special Concern ordinance. 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 County ROW use permit(s) from the..'appropriate County entity prior to access/driveway connection, and.shall comply with all the provisions of the Pasco County access management ordinance as applicable. 4. The developer/applicant acknowledges that any provisions of the City of Zephyrhills ordinances and rezoning conditions of approval not specifically waived shall be in full force and effect, including all impact fees. 5. The developer shall comply with all sections of the City Of Zephyrhills Land Development Code. 6. Jurisdictional Wetlands shall be placed under a perpetual conservation easement with SWFWMD (if applicable). 7. Finished floor elevations for all habitable structures shall be at or above the 100-year flood plain elevation. All preliminary site plan submittals shall provide 100-year flood elevation data. 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. 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. 9. 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. 10. 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. 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. 0t 1LPMy The fo'6going'O'rdince No. 984-07 was read and passed on the first reading in an open and regu Z..meetin of tlie.4 ty Council of the City of Zephyrhills, Florida, on this 13th day of August, 2 •�F. J Attu ' - —, Lrn Haan,.( ty Clerk enneth.V. Compton, Council President OR BK 7 22 PG 12 7 3 of 4 The for oiI.g kI finance No. 984-07 was read and passed on the second reading, following a publkccLhe 1ting, in. nVppen and regular meeting of the City Council of the City of Zephyrhills, Flda, os 27th daof August, 2007. Ast4 7 V L41laBbaity Clerk Kenneth V. Compton, Council President OCR The foregoing Ordinance No. 984=07 was approved by me this 27th day of August, 2007. W. Cliff McT1ie, Mayor Approved as to legal fo legal content Joseph A. Poblick, City Attorney t a OR BK 7622 Pc. 1 78 4 of 4 EXHIBIT "A" t •LEGAL DESCRIPTION PARCEL A: THAT PORTION OF TRACT 60 LYING WEST OF THE VACATED S.C.L. RAILROAD AND TRACT 51 AND 62, ZEPHYRHILLS COLONY COMPANY LANDS AS RECORDED ON PLAT BOOK 2. PAGE 8, PUBLIC RECORDS OF PASCO COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIVED PARCEL: A PORTION OF TRACT 50 OF THE ZEPHRHLLS COLONY COMPANY SUBDIVISION OF SECTION 3, TOWNSHIP 28 SOUTH, RANGE 21 EASE AS SHOWN ON THE PLAT RECORDED IN PLAT BOOK 2. PAGE 8 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 3; THENCE ALONG THE SOUTH BOUNDARY LINE OF I THE NORTHEAST 1/4 OF SAID SECTION 3, 589'41'31 E, A DISTANCE OF 1327.96' TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 3; THENCE ALONG THE WEST BOUNDARY LINE OF THE SOTTHEAST 1/4 OF THE NORTI ST 1/4 OF SAID SECTION 3, NOO'00'11.W. A DISTANCE OF 15.00'; THENCE 389.41152 16.00' TO THE SOUTHWEST CORNER OF TRACT 63 OF SAID ZEPHYRHILLS COLONY COMPANY SUBDIVISION; THENCE ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT 63, CONTINUE, S8941 31i"E, A DISTANCE OF 291.14' TO THE WESTERLY RIGHT-OF-WAY LINE OF FORT ICING ROAD AS IT IS NOW ESTABLISHED; THENCE ALONG TI1 WESTERLY RIGHT-OF-WAY LINE OF SAID FORT ICING ROAD, N2G28'1B"W A DISTANCE OF 350.27' TO THE SOUTHEAST CORNER OF TILE LAIR PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 774, PAGE 439 AND 440 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA FOR A POINT OF BEGINNING; THENCE ALONG THE SOUTH BOUNDARY LINE OF SAID LAIR PARCEL, N8944'0O"W,, A DISTANCE OF 6.55; THENCE NZ5.2818'W, A DISTANCE OF 18.68; THENCE N64.31 42'7;. A DISTANCE OF 6.00' TO 2712 WESTERLY RIGHT-OF-WAY LIVE OF SAID FORT ICING ROAD) S25.28'18 A DISTANCE OF 21.00' TO THE POINT OF BEGINNING. LEGAL DESCRIPTION PARCEL B: THAT PART OF TRACT 63 OF ZEPHYRHILLS COLONY COMPANY LANDS, IN SECTION 3, TOWNSHIP 26 SOUTH, RANGE 21 EAST, LYING EST OF SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY; THE SAME BEING SHOWN ON PLAT OF ZEPHYRHILLS COLONY COMPANY LANDS, IN LAY BOOK 2, PAGE 8, OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA; LESS THAT PORTION THEROF LYING WITHIN PARCEL 165 ZEPHY HILLS BYPASS WEST. LEGAL DESCRIPTION PARCEL C: THAT PORTION OF PLAITED RIGHT-OF-WAY LYING BETWEEN TRACTS 51 AND 50 AND TRACTS 62 AND 63. ZEP COLONY COMPANY LANDS AS RECORDED IN PLAT BOOK 2, PAGE 6, PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, BEING FURTHER i . DESCRIBED AS-FOLLOWS: COMMENCE AT THE NE CORNER OF SAID TRACT 51, FOR A POINT OF BEGINNING; THENCE N89'44'50'E, 16.42' TO A POINT ON THE WESTERLY RIGHT-OF--WAY LIVE OF-FORT ICING ROAD;- THENCE-S26'56'18-'E,--ALONG SAID - RIGHT-OF-WAY, 33.49' TO A POINT ON TIME WEST BOUNDARY OF SAID TRACT 50; THENCE SOO O8'27'E, ALONG SAID WEST BOUNDARY OF TRACTS 50 AND 63, 590.38' TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF EILAND BOULEVARD; THENCE N89.41 12'E ALONG SAID RIGHT-OF-WAY LINE, 15.10' TO A POINT ON THE WEST BOUNDARY OF THE SE 1/4 OF THE NE I/4 OF SAID SECTION 3; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE, N86'14'41"W, 15.03' TO A POINT ON THE TERLY BOUNDARY LINE OF SAID TRACT 82; THENCE N00.08 27"W, ALONG SAID EASTERLY BOUNDARY OF TRACTS 82 AND 51, 19.34' TO THE NORTHEAST CORNER OF SAID TRACT 51 AND THE POINT OF BEGINNING. CONTAINING 0.422 ACRE.