HomeMy WebLinkAbout997-08 Nestle's Future Land Use and Rezoning ii1IIIILIItIAIIIIII1IIIF
ORDINANCE NO. 997-08 2008017976
AN ORDINANCE OF THE CITY COUNCIL . OF THE CITY- OF.
ZEPHYRHILLS, FLORIDA, APPROVING. A SMALL SCALE FUTURE N(e
LAND USE MAP AMENDMENT TO THE CITY'S COMPREHENSIVE m�'
PLAN; CHANGING THE FUTURE LAND USE MAP DESIGNATION
FOR THE TERRITORTY HEREINAFTER DESCRIBED AS PARCEL 13- °D
26-21-0070-09100-0000 FROM CITY FUTURE LAND USE MAP I'
DESIGNATION RE(RESIDENTIAL ESTATE) 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 ZEPHYRHILLS LAND
DEVELOPMENT CODE TO CHANGE THE ZONING ON LAND
HEREINAFTER DESCRIBED AS PARCEL 13-26-21-0070-09100-0000
FROM CITY ZONING CATEGORY ER TO CITY ZONING CATEGORY
LI, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 166.041, .
FLORIDA STATUTES; PROVIDING FOR CODIFICATION,
SEVERABILITY,AND AN EFFECTIVE DATE.
�m
(WHEREAS,Nestle Water North America, the owners of land hereinafter described in Section
below, did petition on the 28th day of August, 2008 for rezoning of said land; and m�
03• WHEREAS, the City Council has been given authority,by the State.of Florida pursuant t l
Chapter 163, Florida Statutes, to amend the Future Land Use Map.of the City's territorial �a
boundaries upon receipt of written consent of the land owners, together with the approval of th
ity Council of said Futui Land Use Map amendment duly expressed by Ordinance; and
WHEREAS, the City Council has been given authority by the State of Florida pursuant t o
Chapter 163 and 166, Florida Statutes, to rezone property within the City Limits upon receipt oI .
written consent of the land owner, together with the approval of the City Council of sail
rezoning duly expressed by Ordinance; and j 7,
WHEREAS, due public'notice of hearing on the proposed rezoning was given by the Ci
Council on January 17, 2008 and January 24, 2008, 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 publi
caring on the November.13, 2007 to consider said proposed rezoning; and
' rHEREAS,-the Future Land Use Map.Amendment meets the criteria of a small-scale Ma
amendment for the proposed.FLUMA amendment in application of Nestle Waters Nort
erica are consistent with the goals, objectives and policies of the Comprehensive Plan; and
REAS, the City Council has determined that the LI zoning category would be appropriate,
would promote the general welfare, and encourage proper development within,the City..
OW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCI
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:
ee Exhibit"A"attached.
!arcel Id No. 13-26-21-0070-09100-0000
6.79 acres M.O.L.
the Future Land Use Map designation Industrial (IN) and is hereby rezoned Light Industrial (LI)
and included within the boundaries.of the City of Zephyrhills, Florida subject to the ,followin
conditions:
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills,'FL 33542
OR sK 7754 PG 693
2 of 3
1. 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;
2. The developer/applicant shall comply with all sections of the City of Zephyrhills
Land Development Code;
3. 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/reso utions materially and adversely change any conditions of approval
granted;
4. 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 plain elevation data. All internal streets, including associated storm water inlets
and sanitary serer manhole rims, and building structures shall be constructed at or
above the 100-year flood elevation;
5. The developer() shall submit a stormwater management plan and report and be
approved prior to or simultaneous with application for construction plan review;
6. 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 Incideiital Take Permit issued by the Florida Fish and Wildlife Conservation
Commission to the Planning Department; and
7. 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 pis, or historic building foundations are discovered, work shall come to
an immediate sop, and the Planning Department and the Florida Division of Historic
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 py a court of competent jurisdiction, then said holding shall inn o way_
affect the validity of the re airing portions of this ordinance.
SECTION 5: This ordinance shall take effect as provided in the City Charter and Chapter 163,
Florida Statutes.
The going.in
Orcj �ance 1sTo. 997-08 was read and passed on the first reading in an open and
re ar mn ..of ti' , Ci y Council of the City of Zephyrhills, Florida, on this 14th day of
J nary0Q
Li Dr.Boait Clerk Kenneth V. Compton Council President
cs
O .... . a
The foi aint ®rdinance No. 997-08 was read and passed on the second reading, following a
public hearing, in an open and regular meeting of the City Council of the City of Zephyrhills,
Florida ;pnthl-e-$ day of anuary, 2008.
AtK *1& J
l da ' Bvan1cit Clerk Kenneth V. Compton, Council President
Theme foreg n-g/Ordin e o. 997-08 was approved by me this 28th day of January, 2008.
coUkTr:E�
- . Cli f Mc u fie, Mayor
pproved as to le and legal content
p A. Poblick, City Attorney
OR BK 7754 PO 69
3 of 3
EXIT "A"
TRACTS 91 AND 102.Z£-PHYRHILLS COLONY CO]MIPANY.LA.VDS. IN SECTION 13.
TOWNSHIP 26 SOUTH, RANGE 21 EAST,AS PER PLAT THEREOF RECORDED IX
PLATBOOK BOOK 1, PAGE 55, PUBLIC RECORDS OFPASCO COUNTY. FLORIDA. EXCEPT
THAT PART DESCRIBED AS: COMMENCE AT THE NORTHEAST CORNER OF TRACT
91 FOR A POINT OF BEGINNING. THENCE S00°08'40 "E 354.00 FEET, TI HENCE
S89°55'33"W 395.00'; THENCE N00°08'40"IV 354.00 FEET,• THENCE N89°553 3'E
395.00 FEET TO THE POINT OF BEGINNING.
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