Loading...
HomeMy WebLinkAbout1018-08 Kossik, Nye FLUMA Rezoning IIIIIIIIIIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIII!ii ii ORDINANCE NO.: 1018-08 2009147779 AN ORDINANCE OF THE CITY I COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, APPROVING A SMALL SCALE FUTURE . LAND USE MAP AMENDMENT TO I 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 (MIXED USE), 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 AR TO CITY ZONING C2, IN ACCORDANCE WITH PROVISIONS OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. (Kossik LLC &Nye WF Children's Trust PROPERTY) HEREAS, Kossik LLC & Nye WF Children's EDUC Trust, the owners of land hereinafte escribed in Section 2 below, did petition on the 8th day of May, 2008 for rezoning of said lan ; nd EREAS, 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 territori 1 boundaries 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 HEREAS, 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 itten consent of the land owner, together with the approval of the City Council of sai ezoning duly expressed by Ordinance; and HEREAS, due public notice of hearing on the proposed rezoning was given by the Cit ouncil on July 31,2008 and August 7, 2008, as required by the Zephyrhills Land Developme ode, as amended, and Chapters 163 and 166, Florida Statutes; and EREAS, the Planning Commission, sitting as;the Local Planning Agency, did hold a publi earing on the 10th day of June, 2008 to consider said proposed rezoning; and EREAS, the Future Land Use Map Amendment meets the criteria of a small-scale Ma amendment for the proposed FLUMA amendment in application of Kossik LLC & Nye W hildren's EDUC Trust are consistent with !the goals, objectives and policies of th omprehensive Plan; and HEREAS, the City Council has determined that the City C2 zoning category would b ppropriate, would promote the general welfare, and encourage proper development within th� ity. OW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL O 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: ee Exhibit"A" attached. DS1268639 Rec: 0.00 IT T. 0.00 10/15/09 ------------------Dpty CI rk ARCEL I.D.NO.: 27-25-21-0030-12800-0010 and 27-25-21-0030-12800-0020 PAULA S. O'NEIL,, PASCO CLERK & C©M TROLLER 10/15/09 1e 5 0RBK i PG 7 Record an Return to: City Clerk' Office 5335 8th S reet Zephyrhili , FL 33542 a._ r • 0R BK 8193 PG 288 2 acres m.o.1. 2 of 5 the Future Land Use Ma? designation is Mixed Use and is hereby rezoned as Community Commercial (C-2) and included within the boundaries of the City of Zephyrhills, Florida subject to the following conditions 1.) Future development on this site shall comply with the City's Basins of Special Concern ordinance; 2.) 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; 3.) The developer shall comply with all sections of the City Of Zephyrhills Land Develop ent Code; 4.) In the ev nt ordinances/resolutions are subsequently adopted or amended by the City ouncil,the developer shall be required to comply with same unless such ordinances/resolutions materially and adversely change any conditions of approval granted; 5.) Jurisdict"onal Wetlands shall be placed under a perpetual conservation easement with SWFWMD (if applicable); 6.) The developer shall obtain all required FDOT/County permits prior to access /driveway connection, and shall comply with the all provisions of the Pasco County ccess management ordinance/ROW preservation map 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 00-year flood elevation data. All internal streets, including -associatel stormwater inlets and sanitary sewer-manhole rims, and building structures shall be constructed at or above the 100 year flood elevation; 8.) The deva�loper(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 unit 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 discover d, work shall come to an immediate stop, and the Planning Departm e nt and the Florida Division of Historical Resources shall be notified within to working days." 11.) All site work / tree removal on subject property must be reviewed and approvec by the City's Planning Department and obtain necessary permits / approval prior to commencement; 12.) Prior to final site/construction plan approval of any project abutting a State roadway, the owner(s)/developer(s) shall furnish to the DRD a Letter of Intent indicating approval and/or an approved Driveway.Permit from the Florida Department of Transportation (FDOT). Prior to the issuance of the first Certificate of Occupancy, the owner(s)/developer(s) shall provide a letter from OR BK 8193 PG 289 3 of 5 the FDOT stating that the improvements within the State right-of-way ha)e been inspected and completed to their satisfaction.., 13.) Access to any commercial out-parcels shall be provided from internal drives or parking areas; 6.. 14.) Prior to preliminary plan/preliminary site plan submittal,the developer(s) sha 1 supply evidence that it has OR they have coordinated with the developer(sl and engineer(s)/surveyor(s) of the adjoining parcels to the north and to th west to identify and provide the location of the''required interconnecting roadway. The following information shall be shown on all preliminary plans/preliminary site plans and construction plans/construction site plans that include or abut the interconnecting roadway: location (by State plan coordinates), centerline, right-of-way width, cross section, elevation of centerline, grade, and centerline geometry (tangent bearing/curve geometry) t provide a seamless continuation of this road at property lines.); 15.) The developer shall be required to submit a traffic study as part of th development review process to comply with the City's Transportatio concurrency and to identify any required on site / off site roadwa improvements; 16.) Transit amenities, such as bus pads, shelters, park and ride lots, and passenger security features are needed to ensure service can be planned and provided in an effective, efficient manner. These amenities need to be planned and scheduled; therefore, the developer(s) is OR are required to coordinate with the Pasco County Public Transportation Division (PCPT) the potential inclusion of transit amenities prior to initiation of each phase of development. A letter of compliance from the PCPT attesting to the satisfactory coordination with the developer(s) shall be required and submitted to the City Planning Department; 17.) The developer(s) shall submit an overall multi-purpose trail plan to the City of. Zephyrhills Planning Department for SPR Committee approval prior to approval of the first preliminary plan/preliminary site plan, which provides a multi-purpose trail along the US 'HWY 301 as approved on the City's Multi- Purpose trail plan and in accordance with the City's approved design standards and in compliance with the handicapped provisions of Chapter 336.045, Florida Statutes, or other applicable law; 18.) Rezoning of this property with conditions of approval does not constitute a final development order, nor does'it relieve any developer(s) of responsibilities under the State of Florida Growth,Management Legislation as implemented by the Florida Department of Community Affairs and the City Of Zephyrhills Se tion 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Se tion 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 th validity of the remaining portions of this ordinance. Section 5: This ordinance shall take effect as provided in the City Charter and Chapter 163, Fldrida Statutes. w T14 foreg 1018-08 was read and passed on the first reading in an open and reg lar" Afeetin oftrr',C uncil of the City of Zephyrhills, Florida, on this 28th day of July, Att st: _ Liida ,.Bb ' , CityClerk Daniel W. Burgess, Jr., Co` ' President ��U•NT r � �� OR BK 8193 PG 290 4 of 5 ��ENHy The foregoing4d'dinance.' o. 1018-08 was read and passed on the second reading, following a public hearing; in an o e 1 a. regular meeting of the City Council of the City of Zephyrhills, Florida, on:this 11 t .f Ad 'ist, 2008. Attest: ��-.., �.-• Lida D #a"nil 'k uis M. Lopez, Co re 'dent The foregoing Ordinan o. 1018-08 was approved by me this l ltl'day of August, 2008. W. Cliff u ie, or Approved as to legal form and legal content seph A. Poblick, City Attorney EXHIBIT "A" is to ORDINANCE# 1018-08 5 „i9áT291 a,.; PA CEL 1 T T PORTION OF TRACT 128, IN SECTION 27, TOWNSHIP 25 SOUTH, RANGE 21 EAST, ZEPHYRHILLS COLONY CO PANY, ACCORDING TO MAP OR •PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 55, PUBLIC RECORDS F PAECO COUNTY, FLORIDA, DESCRIBED-AS FOLLOWS: COVfMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 27 AND RUN THENCE S892753"W. ALONG THE SO TH BOUNDARY OF SAID SECTION 27, A DISTANCE OF 15.00'; THENCE NOO'30'00"E, A DISTANCE OF 15.00' TO THE SOUTHEAST CORNER OF SAID TRACT 128; THENCE S8927'53"W, ALONG THE SOUTH BOUNDARY OF TRACT 120, A DISTANCE OF 207.43' TO AN INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 3O , FOR A POINT OF BEGINNING; THENCE CONTINUE S89'27'53"W, ALONG SAID SOUTH BOUNDARY AND THE NORTH RIGHT OF WAY LINE OF KOSSIK ROAD, A DISTANCE OF 227.76'; THENCE .NOOe30'20"E, A DISTANCE 0 154.99'; THENCE N8927'13"E, A DISTANCE OF 240.00' TO IAN INTERSECTION WITH THE WESTERLY RIGHT OF WAY LIE OF U.S. HIGHWAY 301; THENCE 'SOUTHWESTERLY ALONG SAID RIGHT OF WAY AND A CURVE TO THE RI HT HA1TING A RADIUS OF 38197.19', A CENTRAL ANGLE OF 00.17'10", AN ARC OF 190.65' AND A CHORD WHICH BE&RS SO4.1105"W, A DISTANCE OF 190.65' TO AN INTERSECTION WITH THE NORTHERLY RIGHT OF WAY UN OF KOSSIK ROAD.AND THE POINT OF BEGINNING. CONTAINING 0.997 ACRE. P CEL 2 TI[AT PORTION OF TRACT 128, IN SECTION 27, TOWNSHIPI 25 SOUTH, RANGE 21 EAST, ZEPHYRHILLS COLD CO PANY, ACCORDING TO MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 55; PUBLIC RECORDS F P CO COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: - CO MENCE AT,THE SOUTHEAST CORNER OF SAID SECTION 27 AND RUN THENCE S8927'53"W, ALONG THE SO TH BOUNDARY OF SAID SECTION 27, A DISTANCE OF 15.00'; THENCE NOO'30'OO'E, A DISTANCE OF 15.00 TO THE SOUTHEAST CORNER OF SAID TRACT 128; THENCE S69'27'53"W, ALONG THE SOUTH BOUNDARY OF TRACT 128, A DISTANCE OF 435.19', FOR A POINT OF BEGINNING; THENCE CONTINUE S892753"W, ALONG SAID SO TB BOUNDARY AND THE NORTH RIGHT OF WAY LINE OF KOSSIK ROAD. A DISTANCE OF 204.83'; THENCE NO 38'16"E, A DISTANCE.OF 213.12';. THENCE N8927'53"E, A DISTANCE OF 204.33'; THENCE SOO'30'20"W, A DI ANCE OF 213.11' TO AN INTERSECTION WITH SAID NORTHERLY RIGHT OF WAY LINE OF KOSSIK ROAD D TH POINT OF BEGINNING. CONTAINING 1.002 ACRES.