HomeMy WebLinkAbout1022-08 Owen Thomas FLUMA and Rezoning 1111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII111111 III lilt liii
2009147783
Rcpt: 1268639 Rec: 35.5
ORDINANCE NO.: 1022-08 DS: Ø.Ø 0.00 I T: 0.00
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 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 RU, 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
COUNTY R2 TO CITY ZONING OP, IN ACCORDANCE WITH
PROVISIONS OF SECTION 166.041, FLORIDA STATUTES;
PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND
AN EFFECTIVE DATE. (OWEN THOMAS,INC. PROPERTY)/HEREAS, Owen Thomas, Inc., the owner of land hereinafter described in Section 2 below, di
etition on the 7111 day of May, 2008 for rezoning of said land; and
WHEREAS, the City Council has been given authority by the State of Florida pursuant t
Chapter 163, Florida Statutes, to amend the Future Land Use Map of the City's territoria
boundaries upon receipt of written consent of the land owner, together with the approval of th
9ity 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 toi
Chapters 166 and 163, Florida Statutes, to rezone property within the City limits upon receipt o
written consent of the land owner, together with the approval of the City Council of said
rezoning duly expressed by Ordinance; and
HEREAS, due public notice of hearing on the proposed rezoning was given by the City
Council on July 31, 2008 and August 7, 2008, as required by the Zephyrhills Land Development
ode, as amended, and Chapters 163 and 166, Florida Statutes; and
REAS, the Planning Commission, sitting as the Local Planning Agency, did hold a public
h aring on the 81h day of July, 2008 to consider said proposed rezoning; and
HEREAS, the Future Land Use Map Amendment meets the criteria of a small-scale Map
endment for the proposed FLUMA amendment in application of Owen Thomas, Inc. is
c nsistent with the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Council has determined that the City OP zoning category would be
appropriate, would promote the general welfare, and encourage proper development within the
C'ty.
fi
NiOW, 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. PAULA S. 0 NEIL 10,, PASC0 CLERK & CONPTR LLER
10OR5BK9 81i s 1 PGOSO
PLRCEL I.D. NO.: 03-26-21-0010-00300-0030
.4 acres m.o.l.
m v
Record and eturn to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33542
OR BK 8193 PG 304
2 of 4
the Future Land Use Map designation is Residential Urban (RU) and is hereby rezoned as OP
and included within the boundaries of the City of Zephyrhills, Florida subject to the ;following
conditions:
1.) Future development/redevelopment shall comply with the new'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 de eloper shall comply with all sections of the'i ity Of Zephyrhills Land
Development Code;
4.) 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;
5.) Jurisdictional Wetlands shall be placed under a perpetual conservation
easement with SWFWMD (if applicable);
6.) The developer shall obtain County ROW use permit from the appropriate
County entity 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 de veloper(s) shall submit a storm-water management plan and report and
be approved prior to or simultaneous with application for construction plan
review;
9.) Prior o 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
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."
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.
OR BK 8193 PG 305--\.
3 of 4
The foregoing LQrdirnince No. 1022-08 was read and passed on the first reading in an open and
regular'n4z ting of•thh'City Council of the City of Zephyrhills, Florida, on this 11th day off
ugust, 008.. \ ., a
Linda - ori;Citf Clerk Luis M. Lopez, Jr., Council sident
r'rn , O
'nUNl
he foregoing Ordinance No. 1022-08 was read and passed on the second reading, following a
public hearing j} an open and regular meeting of the City Council of the City of Zephyrhills,
Florida, oIDtjs•2 t"•�cIof August, 2008.
Liricox1'Jity Clerk Luis M. Lopez, Council Pre ent
he foregoit9;diae'No. 1022-08 was approved by me this 25th day of August, 2008.
W. Cliff of e, Ma
IT
Approved as to legal form and legal content
oseph A. Po is c, City7cttorney
w
EXHIBIT "A"
to
ORDINANCE# 1022-08
OR BK 8193 PG 3081
4 of 4
SCRWT7QDik
A par&* of Tract 3 of Zephyrhits Colony Company Lands as recorded in Plat Book 2. Page 6. Pubic Records of Pasco Ca
Florida. grng within the Northwest 1/4 of the Northeast 1/4 of Section 3, Township 26 South. Range 21 East, Pasco County Florida.
being moor particularly described as follows:
Comment at the Northwest comer of the Northeast 1/4 of said Section A. thence North 895002 East, 620.73 feet along the
North hire of sold Northeast 1/4 of Section 3; thence South 000132' East 24.82 feet thence South 89'39'30'East 172.61 I feet;
thence South 001036 East 25.05 to the South right of way One of D oughtery Road to the POINT OF t ZING. thence continue
South 001066'East 141.04 feet; thence South 83'66'38' West 120.81 feet to the East right of way line of Fort King Road;
thence 16'30'26' West 114.38 feet along sold right of way One; thence North 00'01'11' East 44.02 feet to the South right
of way of Daughtery Road; thence North 895802' East 152.17 feet along said right of way Tine to the POINT OF BEGIN INC.
SUB) 70 an easement for ingress and egress over and across the East 14.00 feet thereof as recorded in Official Record Book
1499. 1859 of the Public records of Pasco County. Florida.
' I