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HomeMy WebLinkAbout1007-08 Singh-John FLUMA and Rezoning IIIIIIII ' IIIIIIIIIIII 200805079 II IIIII Ilill IIIII IIIII IIII IIIII IIII IIII Rcpt:1172148 Rec. 27. ORDINANCE NO.: 1007-08 04/04/08 ppty 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 o v PLAN; CHANGING THE FUTURE LAND USE MAP DESIGNATION , FOR THE TERRITORY HEREINAFTER DESCRIBED FROM COUNTY "o i FUTURE LAND USE MAP DESIGNATION RES-9 TO CITY FUTURE ".4 LAND USE MAP DESIGNATION MU (MIXED USE), CONSISTENT WITH THE GOALS, OBJECTIVES, AND POLICIES OF THE ADOPTED COMPREHENSIVE PLAN, AS REQUIRED BY THE GROWTH ro MANAGEMENT ACT OF 1985; AMENDING THE ZEPHYRHILLS LAND C, 0 DEVELOPMENT CODE TO CHANGE THE ZONING ON LAND �O HEREINAFTER DESCRIBED FROM COUNTY ZONING CATEGORY RMH TO CITY ZONING OP, IN ACCORDANCE WITH PROVISIONS OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. (SINGHJJOHN PROPERTY) WHEREAS, SOLOMAN R. SINGH and ELIZABETH JOHN, the owners of land hereinafter described in Section 2 below, did petition on the 28th day of December, 2007 for rezoning of said land; and WHEREAS, the City Council has been given authority by the State of Florida pursuant to C�iapter 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 EREAS, 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 March 13, 2008 and March 20, 2008, 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 he ring on the 12th day of February, 2008 to consider said proposed rezoning; and WIkEREAS, the Future Land Use Map Amendment meets the criteria of a small-scale Map amendment for the proposed FLUM amendment in',application of SOLOMAN R. SINGH and ELIZABETH JOHN are consistent with the goals, objectives and policies of the Comprehensive Plan; and W REAS, 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: See Exhibit"A" attached. PARCEL I.D.NO.: 03-26-21-0010-08200-0018, 03-26-21-0010-08200-0014 1.2 acres m.o.1. Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33542 OR BK 7803 PG 1708 2 of 3 r the Future Land Use Map designation is Mixed Use and is hereby rezoned as Office Professional and included within the boundaries of the City of Zephyrhills, Florida subject to the following conditions: 1. The subject property shall comply with the new City's Basins of Special Concern ordinance should any future development or redevelopment occur; 2. The developer(s)/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; 3. The developer(s)/applicant shall comply with the City's traffic study requirements and address any necessary improvements as required by future redevelopment of subject property; 4. The developer(s)/applicant shall comply with all sections of the City of Zephyrhills Land Development Code; 5. 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; 6. The developer(s)/applicant shall obtain County ROW use permit from the appropriate County entity prior to access/driveway connection, and shall comply with all the provisions of the County ROW preservation map and Pasco County access management ordinance as applicable; 7. 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; and 8. Future lighting shall be installed in accordance with the standards set forth in the current addition of the America National Standard Practice for Roadway Lighting, published by the Illuminating Engineering Society of North America. 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 become effective upon passage on the second reading and signing by the Mayor. The foregoing Ordinance No. 1007-08 was read and passed on the first reading in an open and regular:;meeting of the 3lty Council of the City of Zephyrhills, Florida, on this 10th day of March, 2008,';".: 1... $! Attu i L4Z 4 ,fii✓ I (;:id- ' din DBo n, ity Clerk Kenneth V. Compton, Council President •,roe. C1�� � . The egoing Ordinance,No. 1007-08 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 ohlthi 241 day of March, 2008. Linda D•-,, oan; City Clerk Kenneth V. Compton, Council President Th forego1ng_Ordmanr No. 1007-08 was approved by me this 24th day of March, 2008. C�' t a W. Cliff cD ffie, or Approved as r-m-and-leg content osepicA. Poblick, City Attorney OR BK 7803 PG 1709 3 of 3 EXHIBIT "A" PARCEL A Parcel Identification Number: 03-26-21-0010-08200-0018 That portion of the Northeast 1/4 of the Southeast 1/4 of Section 3, Township 26 South, Range 21 East, in Pasco County, Florida, being further described as follows: Commencing at the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of Section 3, Township 26 South, Range 21 East, in Pasco County, Florida, run S. 0°20'26" E., 867.32 feet along the West line thereof, thence N. 89°52'24" E., 525.96 feet for a Point of Beginning; thence N. 0°2026" W., 54.84 feet; thence N. 80°3724" E., 163.37 feet to the Westerly right of way line of Fort King Road; thence S. 25° 46'34" E.,90.0 feet along the Westerly right of way line of said Fort King Road; thence S. 89°52'24"W.,200 feet to the Point of Beginning, together with a 1971 doublewide mobile Home VIN No. 02630280AR and 02630280BR PARCEL B Parcel Identification Number: 03-26-21-0010-08200-0014 A portion of the NE 1/4 of the SE 1/4 of Section 3,Township 26 South, Range 21 East, Pasco County, Florida,described as follows: Commence at the NW corner of the NE 1/4 of the SE 1/4 of Section 3,Township 26 South, Range 21 East, Pasco County, Florida, thence run S.00°20'26"E., 867.31 feet along the West line of the NE 1/4 of the SEI/4 of said Section 3, thence run N.89°52'24"E., 333.72 feet thence run N.00°20'26" W., 33.00 feet; thence run N.86°00'34"E., 10.03 feet for a POINT OF BEGINNING; thence run N.00°20'26"W„ 143.66 feet; thence run N.89°52'24"E. 296.97 feet to a point on the maintained right- of-way of FORT KING ROAD; thence along said right-of-way S.26°08'11"E., 107.09 feet; thence S.80°37'24"W., 256.94 feet; thence S.86°00'34"W., 89.97 feet to the POINT OF BEGINNING; being a portion of Tract 82, ZEPHYRHILLS COLONY COMPANY LANDS in Section 3, Township 26 South, Range 21 East,as recorded in Plat Book 1, Page 55, Public Records of Pasco County, Florida.