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Home My WebLink About1009-08 Karpinski FLUMA and Rezoning � 1111111 IIIII IIIII IIIII IIIII IIIII IIIII 1111111111111111111111 2008050797 Rcp$.:1172148 Rec: 27.00 ®S; 0.00 IT: 0.00 0�$/_0_4L®8 Dpty C erk �JEI) PI pSC0 ORDINANCE NO.: 1009-08 04/04/ :�cm 1C0LJT3Y CLERK 0f ORBK78 9 PG1 12 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, 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 AR TO CITY ZONING OP, IN ACCORDANCE WITH PROVISIONS OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. (KARPINSKI PROPERTY) REAS, Anthony and Traci Karpinski, the owners of land hereinafter described in Section Blow, did petition on the 10th day of December, 2007 for rezoning of said land; and HEREAS, the City Council has been given authority by the State of Florida pursuant t hapter 163, Florida Statutes, to amend the Future Land Use Map of the City's territoria oundaries upon receipt of written consent of the land owners, together with the approval of th ity 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 t hapters 166 and 163, Florida Statutes, to rezone property within the City limits upon receipt o ' iritten consent of the land owner, together with the approval of the City Council of sai r� zoning duly expressed by Ordinance; and EREAS, due public notice of hearing on the proposed rezoning was given by the Cit Council on March 13, 2008 and March 20, 2008, as required by the Zephyrhills Lan evelopment Code, as amended, and Chapters 163 j and 166, Florida Statutes; and REAS, the Planning Commission, sitting as the Local Planning Agency, did hold a publi earing on the 12th day of February, 2008 to consider said proposed rezoning; and HEREAS, the Future Land Use Map Amendment meets the criteria of a small-scale Ma endment for the proposed FLUM amendment in application of Anthony and Traci Karpinski e consistent with the goals, objectives and policies of the Comprehensive Plan; and\fSTHEREAS, the City Council has determined that the City Office Professional (OP) zoning category would be appropriate, would promote the general welfare, and encourage proper evelopment within the City. OW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF EPHYRHILLS, FLORIDA, AS FOLLOWS: ' ection 1: The above Whereas clauses are hereby adopted and incorporated herein. ection 2: The following described lands, lying and being situated in Pasco County, to wit: he West 102.00 feet of the East 145.00 feet of Tract 2, in Section 3, Township 26 South, Range 21 East, ZEPHYRHILLS COLONY COMPANY LANDS according to the map or plat thereof a the same is recorded in Plat Book 2, Page 6 of the Public Records of Pasco County, Florida ESS AND EXCEPT the South 145.00 feet thereof and LESS portion included in road right-of- ay and the East 43.00 feet of the North 160.98 feet of Tract 2 in said Section 3, Township Record a 'd Return to: City Cler s Office 5335 8th treet Zephyrhil s, FL 33542 OR BK 3 PG 1 2 of 3 p 26 South, Range 21 East, Pasco County Florida. PARCEL I.D.NO.: 03-26-21-0010-00200-0000 .54 acres m.o.l. 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 proper1ty 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 compy 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 take effect as provided in the City Charter and Chapter 163, Florida Statutes. The foregoing Ordinance No. 1009-08 was read and passed on the first reading in an open and regular meeting of the City Council of the City of Zephyrhills, Florida, on this 10th day of March, 2008. Attest: •i2J Linda D. Boan, City Clerk Kenneth V. Compton, Council President The foregoing Ordinance to. 1009-08 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, on tliis 24th day of March, 2008. $ nda D:Boar City Clerk Kenneth V. Compton, Council President f OR BK7803 03 PG 1714 3 of 3 he foregoing Ordinance No. 1009-08 was approved by me this 24th day of March, 2008. W. Cliff Duffie, M or Approved as to le al form and legal content I _______________ • oseph A. Poblick, City Attorney I �H