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Home My WebLink About1028-08 Chancey Partners FLUMA and Rezoning � � Ili111111lIIIIIIIIlllllllllilllllllfllllllllllllllll�lllllll ��, + ' , 2009108855 Rcpt: 1256981 Rec: 35.50 ORDINANCE NO. 1028-08 DS: 0.009 IT: -00 Clerk 08/05/0 --- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, APPROVING A LARGE SCALE FUTURE LAND USE MAP AMENDMENT TOi THE CITY'S COMPREHENSIVE PLAN; CHANGING THE FUTURE LAND USE MAP DESIGNATION FOR THE TERRITORY HEREINAFTER DESCRIBED FROM COUNTY IL TO CITY INDUSTRIAL, CONSISTENT WITH THE GOALS, OBJECTIVES, AND POLICIES OF THE ADOPTED COMPREHENSIVE PLAN, AS REQUIRED BY THE GROWTH MANAGEMENT ACT OF 1985; AMENDING THE ZEPHYRHII JLS LAND DEVELOPMENT CODE TO CHANGE THE ZONING ON LAND HEREINAFTER DESCRIBED FROM COUNTY ZONING CATEGORY LI TO CITY ZONING LI, IN ACCORDANCE WITH PROVISIONS OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY,AND AN EFFECTIVE DATE. iPRULR 5 O'NEIL, Pasco cLEP.K & cONP ROLLER 08/05/09j :35pm 1o4553 is 553 WHEREAS, Chancey Partners, LLC, the owner of land hereinafter described in Section 2 below, did petition on the 31sT day of JULY, 2008 for rezoning of said land; and WHEREAS, the City Council has been given authority by the State of Florida pursuant o Chapter 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 t e City Council of said Future Land Use Map amendment duly expressed by Ordinance; and WHEREAS, the City Council has been given authority by the State of Florida pursuant o Chapters 166 and 163, Florida Statutes, to rezone property within the City limits upon receipt f written consent of the land owner, together with the approval of the City Council of sa d rezoning duly expressed by Ordinance; and WHEREAS, due public notice of hearing on the proposed rezoning was given by the Ci y Council on June 25, 2009 and July 2, 2009, as required by the Zephyrhills Land Developme i t Code, as amended, and Chapters 163 and 166, Florida Statutes; and WHEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a public hearing on the 19th day of June, 2008 to consider said proposed rezoning; and WHEREAS, the Future Land Use Map Amendment meets the criteria of a large-scale M p amendment for the proposed FLUMA amendment in application of Chancey Partners, LLC s consistent with the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Council has determined that the City LI zoning category would be appropriate, would promote the general welfare, and encourage proper development within the City. OW, 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. I Section 2: The following described lands, lying and being situated in Pasco County, to wit: See Exhibit"A" attached. PARCEL I.D. NO.: 19-26-22-0010-00000-0010, 19-26-22-0010-00000-0020, l9-26-22-00l - 00000-003 0, 19-26-22-0010-00000-0040, 19-26-22-0010-00000-0050, 19-26-22-0010-0000$- 0060, 19-26-22-0010-00000-0070, 19-26-22-0010-00000-0080, 19-26-22-0010-00000-0090, 1 - 26-22-0010-00000-0100, 19-26-22-0010-00000-6110, 19-26-22-0010-00000-0120, 19-26-22- 0010-00000-0130, 19-26-22-0010-00A00-0000, 19-26-22-0010-00B00-0000, 19-26-22-0016- . City of Zephyrhills City Clerk's Office 5335 8th Street Zephyrhillsl, FL 33542 aR BK 142 4G 1554 2 0f LB 100-0000, 19-26-22-0010-LB200-0000, 19-26-22-0010-LB300-0000, 19-26-22-0010-LB400- 0000, and 19-26-22-0010-49900-0000. 52.7 acres m.o.1. the Future Land Use Map designation is Industrial and is hereby rezoned as Light Industrial and included within the boundaries of the City of Zephyrhills, Florida subject to the following conditions: 1.) The owner/developer shall provide to the City a copy of County ROW use permit, traffic study and other related permits and approvals obtained from Pasco County prior to access/driveway connection, and shall comply with all the provisions of the Pasco County access management ordinance as applicable; 2.) 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; 3.) Streetlights shall be,installed in accordance with the standards set forth in the current addition of the American National Standard Practice for Roadway Lighting, published by the Illuminating Engineering Society of North America. All streetlights shall be operated and maintained by the property owner and/or the property owners association. 4.) The developer 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; 7.) 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; 8.) 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. 9.) 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; 10.) The property owner(s) and/or property owners association shall be solely responsible for any and all. future roadway resurfacing of the roadway indicated at Parcel ID No. 19-26-22-0010-49900-0000. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. OR BK 8142 PG 1555 3 of 4 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 affe t he validity of the remaining portions of this ordinance. ect ion 5: This ordinance shall take effect upon passage on the third reading and signing by the ayor. he foregoinOiiince No. 1028-08 was read and passed on the first reading in an open an regular,rriee' g•of th '€ity Council of the City of Zephyrhills, Florida, on this 13th day o" clober, 008. . Attest: , indaD 'Baan; City Clerk uis M. Lopez, ounce resident C. the foregoing Ordinance No. 1028-08 was read and passed on the second reading, following a public hearing in p�en and regular meeting of the City Council of the City of Zephyrhills, Florida, onth ;,l day, July, 2009. Attest Linda _ Boan-'City Clerk Jodi Wilkeson, Council President (P .. O T e foregoing i i ni ' lo. 1028-08 was read and passed on the third reading, following a p blic hearing, in an-open and regular meeting of,the City Council of the City of Zephyrhills, F orida, on this 27� d-ay of July, 2009. I A est: /' ;Linda ,Qoan' City Clerk Jo ilkeson, Council President e foregdi g O°r�linance.Nat- 1028-08 was approved by me this 27th day of July, 2009. ' f !W. Cliff of ie, or Approved as to legal form and legal content for the sole reliance of the ICity of Zephyrhills 3Th I�p h A. Poblick, City Attorney I i EXHIBIT "A" to ORDINANCE# 1028-08 OR BK 8142 PG 1556 4 of 4 LEGAL DESCRIPTION; COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 28 SOUTH, RANGE 2 EAST, ASCO COUNTY, FLORIDA FOR A POINT OF BEGINNING; THENCE S89"43'21,"E, ALONG THE NORTH BOUNDAR OF SAID pRTHEAST 1/4, 516.05' TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY OF CHANCEY ROAD, SAID P WT ALSO EING A POINT ON A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 2804.79', CHORD BEARING OF S46'23 14"W, AND CHORD OF 2513.78'; THENCE ALONG SAID CURVE AND RIGHT-OF-WAY, 2806.57'; THENCE NOl'09'00 E, 688,71 TO THE P.C. OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 800.00', CHORD BEARING OF N16.58f09W, AND A CHORD OF 352.60'; THENCE ALONG THE ARC OF SAID CURVE, 367.79'; THENCE N33 802.68-01'00"W, ' TO TH4 P.C. OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 100.00', CHORD BEARING OF N07.3 '30'E, AND C ORD OF 130.27';.THENCE ALONG SAID CURVE, 141.87'; THENCE N48.16'00'E, 122.90' TO THE NORTH BOUNDARY OF T NORTHWEST 1/4 OF SAID.SECTION 19; THENCE S89'44'34'E, ALONG SAID BOUNDARY, 1803.16' TO THE POINT OF BEGINNING. CONTAINING 62.703 ACRES.