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Home My WebLink About992-07 Acme Future Land Use - Fort King Road i iiiiiei IIIII IIIII IIIII fiiii iii 2007178103 II IIIII IIII III Rcpt : 1137953 Rec: 35.50 DS: 0.00 IT: 0.00 ORDINANCE NO. 992-07 10/25/07 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 AS PARCELS 03- 26-21-0010-06200-0010, 03-26-21-0010-06200-0000, 03-26-21-0010-06100- 0010, AND 03-26-21-0010-06100-0020 FROM COUNTY FUTURE LAND USE MAP DESIGNATION RES-9 TO CITY FUTURE LAND USE MAP DESIGNATION MIXED USE, CONSISTENT WITH THE GOALS, OBJECTIVES, AND POLICIES OF THE ADOPTED COMPREHENSIVE PLAN, AS REQUIRED BY THE GROWTH MANAGEMENT ACT OF 1985; PROVIDING FOR CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Acme Development Corporation, the owners of land hereinafter described in Section 2 below, did petition on the 7th day of June, 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 Chapter 163 and 166, 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 October 4, 2007 and October 11, 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 11th day of September 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 FLUMA amendment in application of Acme Development Corporation are consistent with the goals, objectives and policies of the Comprehensive Plan; and NOW, THEREFORE, BE IT ENACETED AND ORDANIED BY THE CITY COUNCIL OF ZEPHYRILLS,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: JED PITTMAN, PASCO COUNTY LERK See Exhibit"A"attached. 10/25/07 10:41am 1 f OR BK 7671 PC 4i Parcel Id No. 03-26-21-0010-06200-0010, 03-26-21-0010-06200-0000, 03-26-21-0010-06100-0010, 03-26-21-0010-06100-0020 6.48 acres M.O.L. the Future Land Use Map designation Mixed Use and included within the boundaries of the City of Zephyrhills, Florida subject to the following conditions: J 1. The future project shall comply with the new City's Basins of Special Concern ordinance; _ Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33542 OR BK 771 F(i 420 2 ef4 2. The developer/applicant acknowledges that any provisions of the City of Zephyrhills ordinances not specifically waived shall be in full force and effect, including all impact fees; 3. The developer(s) shall comply with all sections of the City of Zephyrhills Land Development Code; 4. In the event ordinances/resolutions are subsequently adopted or amended by the City Council, the developer shall be required to comply with same unless such ordinances/resolutions materially and adversely change any conditions of approval granted; 5. Jurisdictional Wetlands shall be placed under a perpetual conservation easement with SWFWMD; 6. 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; 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 construction plan review; 9. Prior to any clearing or grubbing associated with the preliminary plan/preliminary site plan approval of any units 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 MyoE The4Sregoin \Ordintance No. 992-07 was read and passed on the first reading in an open and regular m.efig of th�,.City Council of the City of Zephyrhills, Florida, on this 8th day of October 7: . AtIKGs -` Linda.Bo "nd,City Clerk Kenneth V. Compton, Councd President The foregoing Ordinance No. 992-07 was read and passed on the second reading, following a public hearing,. jn an.open and regular meeting of the City Council of the City of Zephyrhills, Florida, this 2 ' y of October, 2007. L Lir a . Boan,.City Clerk Kenneth V. Compton, Council President r.n \ O ti OR BK 7671 PG 421 3 ®f4 The foregoing Ordinance No. 992-07 was approved by me this 22nd day of October, 2007. r , W. Cliff Muffid, Ma Approved as to legal form and legal content oseph A. Poblick, City Attorney OR BK 71 PO 422 4 of 4 EXHIBIT "A" LEGAL DESCRIPTION: PARCEL 1: THE WEST 150.00 OF THE EAST 426.00' OF TRACT 61 IN SECTION 3. TOWNSHIP 26 SOUTH. RANGE 21 EAST. ZEPHYRHILLS COLONY COMPANY LANDS, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 2. PAGE 6 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLOR A. LESS PARCEL NO. 161: A PORTION OF TRACT 61 OF THE ZEPHYRHILLS COLONY COMPANY SUBDIVISION, SECTION 3. TOWNSHIP 26 SOUTH. RANGE 21 EAST, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 2. PAGE 6 OF THE PUBLIC RECORDS OF PASCO COUNTY FLORIDA. BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE SW CORNER OF THE NE 1/4 OF SAID SECTION 3; THENCE ALONG THE WEST BOUNDARY LINE OF THE NE 1, 4 SECTION.3. N00.03'13W. A DISTANCE OF 15.00'; THENCE S89'41'3l"E. A DISTANCE OF 238.00 TO THE SW CORNER OF THE CHADWICK PARCEL AS DESCRIBED IN O.R. BOOK 1232, PAGE 20 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA FOR A POINT OF BEGINNING; THENCE.ALONG THE WEST BOUNDARY LINE OF SAID CHADWICK PARCEL, NOO'05'42"W, A DISTANCE OF 63.00'; THENCE S89.41'31"E, A DISTANCE OF 149.99' TO THE EAST BOUNDARY LINE OF SAID CHADWICK; 2000542"E, A DISTANCE OF 63.00' TO THE SOUTH BOUNDARY LINE OF SAID TRACT 61: THENCE ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT 61. N89.41'91'W. A DISTANCE OF 149.99' TO THE POINT OF BEGINNING. PARCEL 2: THE EAST 276.00 OF TRACT 61 IN SECTION 3. TOWNHIP 26 SOUTH. RANGE 21 EAST. ZEPHYRHILLS COLONY COMPANY; ACCORDING TO MAP OR PLAT THEREOF AS RECORDED IN PLAT HOOK 2. PAGE 6. PUBLIC RECORDS OF PASCO COUNTY. FLORIDA: LESS PARCEL 162 AS SET FORTH IN QUIT CLAIM DEED RECORDED IN O.R. BOOK 3370. PAGE 699. PUBLIC RECORDS OF PASCO COUNTY, FLORIDA: AND LESS PARCEL 183 AS SET FORTH IN ORDER OF TAKING RECORDED IN O.R. BOOK 3030, PAGE 920. PUBLIC RECORDS OF PASCO COUNTY. FLORIDA. PARCEL 3: TR:►CT 82, ZEPHYRHILLS COLONY COMPANY. IN SECTION 3. TOWNSHIP 26 SOUTH. RANGE 21 EAST, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2. PAGE 6. PUBLIC RECORDS OF PASCO COUNTY, FLORIDA. LESS A PORTION OF TRACT 62, ZEPHYRHILLS COLONY COMPANY. IN SECTION 3. TOWNSHIP 26 SOUTH. RAGE 21 EAST. ACCORDING TO THE PLAT RECORDED IN PUT BOOK 2. PAGE 6 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 WEST BOUNDARY LINE OF THE NORTHEAST 1:'4 OF SAID SECTION 3. NOO'03'13'W, A DISTANCE OF 15.00; THENCE 28941'31'E, A DISTANCE OF 663.97' TO THE SOUTHWEST CORNER OF SAID TRACT 62 FOR A POINT OF BEGINNING: THENCE ALONG THE WEST BOUNDARY LINE OF SAID TRACT 62. NOO'05'42"W. A DISTANCE OF 63.00; THENCE 28941'31E. A DISTANCE OF 33.36; THENCE S86'14'41E. A DISTANCE OF 632.00' TO THE WEST BOUNDARY LINE OF THE SOUTHEAST'1.4 OF THE NORTHEAST 14 OF SAID SECTION 3, SOO'OB'll"E. A DISTANCE OF 25.00' TO THE SOUTH BOUNDARY LINE OF SAID TRACT 62; THENCE ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT 62. N8941'31W. A DISTANCE OF 663.97' TO THE POINT OF BEGINNING. zy i� S✓ ACME Development Corporation Annexation __\\ CALLIOPE LA jIL IL -I NONE � BENTLEY pR E STONAV ✓cA-AJ-r Landuse: M Zoning: OP EILAND BLVD Jtf7fi _ z zTIIIILIJIIH w JQ ____ ['1AI I PINFS L H _______ ____ __U 1; N N I HII II HI - __ _ IHHH2I __ ___ I HHH ECIL _ Legend W E 0 165 330 660 Feet i city limit par c els i '