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HomeMy WebLinkAbout1020-08 Pleasants FLUMA and Rezoning _ I I11011111111111111111111111101111111111111111 II IIII IIII 2009147781 Rcpt: 1268639 Rec: 44.00 DS: 0.00 IT: 0.00 ORDINANCE NO.: 1020-08 10/15/09 -_ Dpty Clerk AN ORDINANCE OF THE CITY , 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. (Donald Pleasants PROPERTY)' PAULA S5. O I NEIL, PRSCO CLiERK & MPTRROGOLLER 10ORBKg 819 PGoL95 WHEREAS, Donald Pleasants, the owner of land, hereinafter described in Section 2 below, dill etltion on the 30th day of April, 2008 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 territori 1 oundaries upon receipt of written consent of the,land owner, 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� ritten consent of the land owner, together with the approval of the City Council of said ezoning duly expressed by Ordinance; and REAS, due public notice of hearing on the proposed rezoning was given by the Cit Council on July 31, 2008 and August 7, 2008, as required by the Zephyrhills Land Developmei t ¶1ode, as amended, and Chapters 163 and 166, Florida Statutes; and HEREAS, the Planning Commission, sitting as;the Local Planning Agency, did hold a publi tearing on the 10th day of June, 2008 to consider said proposed rezoning; and HEREAS, the Future Land Use Map Amendment meets the criteria of a small-scale Ma amendment for the proposed FLUMA amendment in application of Donald Pleasants i onsistent with the goals, objectives and policies of the Comprehensive Plan; and HEREAS, the City Council has determined that the City C2 zoning category would be ppropriate, would promote the general welfare, and encourage proper development within th i 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. Section 2: The following described lands, lying and being situated in Pasco County,to wit: ee Exhibit"A" attached. ARCEL I.D. NO.: 27-25-21-0030-11300-0000 .5 acres m.o.l. R Record anu Return to: City Clerk's Office 5335 8th S reet Zephyrhill , FL 33542 OR BK 8193 PG 296 2 of 5 the Future Land Use Map designation is Mixed Use and is hereby rezoned as C2 and included within the boundaries of the City of Zephyrhills, Florida subject to the following conditions: 1.) Future d velopment 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 Development Code; 4.) In the e ent 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; 5.) Jurisdictional 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 access 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 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; 8.) The developer(s) shall submit a stormwater management plan and report and be approved prior to or simultaneous with application for construction plan review; 9.) Prior toy 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 Department and the Florida Division of Historical Resources shall be notified within two working days." 11.) All site work / tree removal on subject property must be reviewed and approved by the City's Planning Department and obtain necessary permits / approvals prior to commencement; 12.) Prior to inal 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 the FDOT stating that the improvements within the State right=of--way have been inspected and completed to their satisfaction. OR BK 8193 pc 97 3 of 5 13.) Access to any commercial out-parcels shall be provided from internal drives o parking areas; t ' 14.) Prior to preliminary plan/preliminary site plan submittal, the developer(s) sha 1 supply evidence that it has OR they have coordinated witli'the developer( 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 interconnectin roadway. The following information shall be shown on all• preliminar plans/preliminary site plans and,construction planstconstruction site plans th t include or abut the interconnecting roadway: location (by State plan coordinates), centerline, right-of-way width, cross section, elevation o 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 roadway improvements; 16.) Transit amenities, such as bus pads, shelters, park and ride lots, and passeng security features are needed to ensure service can be planned and provided i an effective, efficient manner.; These amenities need to be planned an scheduled; therefore, the developer(s) is OR are required to coordinate wit the Pasco County Public Transportation Division (PCPT) the potenti 1 inclusion of transit amenities prior to initiation of each phase of developmen . A letter of compliance from the;PCPT attesting to the satisfactory coordinatio with the developer(s) shall be :required and submitted to the City Plannin Department; 17.) The developer(s) shall submit an overall multi-purpose trail plan to the City o Zephyrhills Planning Department for SPR Committee approval prior t approval of the first preliminary plan/preliminary site plan, which provides 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 standard 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 final development order, nor does it relieve any developer(s) of responsibilitie under the State of Florida Growth Management Legislation as implemented b the Florida Department of Community Affairs and the City Of Zephyrhills ection 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to th extent of such conflict. ection 4: That if any section, sentence, clause, or phrase of this ordinance is held to be invali r unconstitutional by a court of competent jurisdiction, then said holding shall in no way affec t e validity of the remaining portions of this ordinance. ection 5: This ordinance shall take effect as provided in the City Charter and Chapter 163 lorida Statutes. r ; 1f ph he foregoic .Ordiiiarice.. 1020-08 was read and passed on the first reading in an open an egular;rn$eting o e city.council of the City of Zephyrhills, Florida, on this 28 ` day of July Linda '. Ban,.City;Qlerk Darnel W. Burgess, Jr., Council President l ' OR BK 8193 PG 298 4 of 5 The foregoing Ordinance No. 1020-08 was read and passed on the second reading, following a public heari ig, in an op�n and regular meeting of the City Council of the City of Zephyrhills, ' th- Florida, on.th s. 11 , day;of'. igust, 2008. Attest La�nda D.• `ar City�C` �rk is M. opez, Co cil P sident rnl. The foregoing Ordinance o. 1020-08 was approved by me this 11th day of August, 2008. W. Clif c ffie, ayor Approved as to legal form and legal content oseph A. Poblick, City Attorney r EXHIBIT "A" to t=a ORDINANCE# 1020-08 OR',..BK 8193 PG..Z99 PA CEL 3 TH T PORTION OF TRACT 113 AND 128, ZEPHYRHILLS COLONY COMPANY LANDS, IN SECTION 27, TOWNS IP 25 SOUTH, RANGE 21 EAST, AS RECORDED IN PLAT BOOK i, PAGE 55, PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, LYING WEST OF U.S. HIGHWAY 301, BEING FURTHER DESCRIBED AS FOLLOWS: CO MENCE AT THE NORTHWEST CORNER OF SAID TRACT 113, THENCE N89°26'35"E, 444.48' TO THE WE TERLY RIGjHT OF WAY LINE OF. U.S. HIGHWAY 301, THENCE S01°17'14"W, ALONG SAID R/W LINE, 258.57' TO T E P.C. OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 38197.19', CHORD OF 194.84', CENTRAL ANGLE OF 00°17'32"; THENCE RUN ALONG SAID CURVE AND R/W LINE, AN ARC DISTANCE OF 194.84'; THENCE S89°27'53"W, 227.33'; THENCE N00°35'29"E, 20.27'; THENCE S89°32'45"W, 211.14' TO A POINT ON THE WEST BO NDARY OF SAID TRACT 128; THENCE NOO°35'29"E, ALONG THE WEST BOUNDARY OF. SAID TRACTS 11 AND 128 432.92' TO THE POINT OF BEGINNING. CONTAINING 10.997 ACRE. I . .