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Home My WebLink About1013-08 Hendryx FLUMA and Rezoning� II - I IItIII VIII liIil IiIiI IiIII11IIi VIII VIII IIiu II II IIII IIII 2008065435 Rcpt: 1177839 Rec: 35.50 ORDINANCE NO.: 1013-08 DS: 0.00 I T: 0. 05/01/08 Dpty Jerk 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-3 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 CATEGORIES R2MH TO CITY ZONING C2, IN ACCORDANCE WITH PROVISIONS OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. (Hendryx PROPERTY) JED PTT'fMAN, PASCO COUNTY CLERK 05/01/08 / 82k 1 of OR BK PG 29 WHEREAS, Dale and Joan Hendryx, the owners of land hereinafter described in Section 2 blow, did petition on the 31St day of January, 2008 for rezoning of said land; and WHEREAS, the City Council has been given authority by the State of Florida pursuant to C apter 163, Florida Statutes, to amend the Future Land Use Map of the City's territorial b undaries upon receipt of written consent of the land owners, together with the approval of the C ty 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 C apters 166 and 163, Florida Statutes, to rezone property within the City limits upon receipt of itten consent of the land owner, together with the approval of the City Council of said rezoning duly expressed by Ordinance; and \A4'HEREAS, due public notice of hearing on the proposed rezoning was given by the City p p C uncil on April 17, 2008 and April 24, 2008, as required by the Zephyrhills Land Development C de, as amended, and Chapters 163 and 166, Florida Statutes; and VvHEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a public haring on the 11th day of March, 2008 to consider said proposed rezoning; and HEREAS, the Future Land Use Map Amendment meets the criteria of a small-scale Map aijiendment for the proposed FLUM amendment in application of Dale and Joan Hendryx are c nsistent with the goals, objectives and policies of the Comprehensive Plan; and HEREAS, the City Council has determined that the City Community Commercial (C2) zoning c egory would be appropriate, would promote the general welfare, and encourage proper d velopment within the City. N W, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF Z PHYRHILLS, FLORIDA, AS FOLLOWS: S ction 1: The above Whereas clauses are hereby adopted and incorporated herein. S�ction 2: The following described lands, lying and being situated in Pasco County,to wit: S e Exhibit"A" attached. P CEL I.D.NO.: 26-25-21-0000-00600-0000 2 cres m.o.1. Record an Return to: City Clerk's'Office 5335 8th St eet Zephyrhills FL 33542 OR BK 7828 PG 297 2 of 4 the Future Land Use Map designation is City Mixed Use (MU) and is hereby rezoned Community Commercial (C-2) 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)/aaplicant 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. Jurisdictional Wetlands shall be placed under a perpetual conservation easement with SWFWMD, if applicable; 7. The developer shall obtain all future required FDOT permits as part of the future site plan. The developer shall comply with the County's ROW use preservation map for ROW preservation along US HWY 301; 8. 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; 9. The developer shall submit a stormwater management plan and report and be approved prior to or simultaneous with application for construction plan review; 10. Prior to any cleari I g or grubbing associated with the preliminary plan/preliminary site plan approval of any unit or phase, the developer shall submit a copy of any required Incidental Take Pe Imit issued by the Florida Fish and Wildlife Conservation Commission to the Planning Department and tree removal permits; 11. 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; 12. Future redevelopm1 nt of subject property shall look at cross access connections to the south, the north and U.S. Hwy. 301; and 13. Future redevelopment of subject property shall place close attention to the development of the property to ensure the residential property owners to the north are protected by overall site design, landscaping/buffering, signage and lighting. 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. GR BK 7826 PG 298 3 of4 he fore �oiijg Qrdinance No. 1013-08 was read and passed on the first reading in an open and r gular %eetingof.the City Council of the City of Zephyrhills, Florida, on this 14th day of April, Att7 t: N. Li a DoanCity Clerk Daniel W. Burgess, Jr., Council President T"e.foregoing-QrWiiance No. 1013-08 was read and passed on the second reading, following a p blic hearing;-fin an open and regular meeting of the City Council of the City of Zephyrhills, F orida, on this 28th day of April, 2008. e sf: Linda-. oan, ity.Clerk . Burgess, Jr., e4,meiI President T e foregofng�3rdinanc ?o. 1013-08 was approved by me this 28th day of April, 2008. c - W. Cliff Muffe, Ma r Approved as to le legal content oeseT51fA . Poblick, City Attorney �i ,y J OR BK 7826 PG 2gg 4 of 4 EXHIBIT "A" LEGAL DESCRIPTION: THE SOUTH 161.25' OF THE NORTH 322.50 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SW 1/4 OF THE SW 1/4, EAST OF U.S. HIGHWAY 301, EXCLUDING ROAD RIGHT OF WAY IN SECTION 26, TOWNSHIP 25 SOUTH RANGE 21 EAST, PASCO COUNTY, FLORIDA; BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE SW CORNER OF SECTION 26, TOWNSHIP 25 SOUTH, •RANGE 21 EAST, THENCE N00°1312'E ALONG THE WEST BOUNDARY OF SAID SECTION, 338.29' TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE INTERSECTION OF THE WEST BOUNDARY OF SECTION 26 AND THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 301 AND A POINT ON A CURVE TO THE RIGHT SAID CURVE HAVING A RADIUS OF 37982.19' THENCE ALONG THE ARC OF SAID CURVE 57.18', CHORD BEARING OF NO1°43'36"E, 57.18'; THENCE NO1°42'14"E, 104.09'; THENiCE N89°58'01"E, 539.33'; THENCE SOO°11'17"W, 161.19'; THENCE S89°58'01"W, 543.62' TO THE POINT OF BEGINNNING. CONTAINING 1.995 ACRES.