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Home My WebLink About1029-08 Taylor Woodrom FLUMA and Rezoning - - _. 1111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII...II!IIII 2009108856 Rcpt: .256981 Rec: 35. 0.00 ORDINANCE NO. 1029-08 DS:08/05/09 FT. Dpt Clerk AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, APPROVING A LARGE SCALE FUTURE LAND USE MAP AMENDMENT TO1 THE CITY'S COMPREHENSIVE PLAN; CHANGING THE FUTURE LAND USE MAP DESIGNATION FOR THE TERRITORY HEREINAFTER DESCRIBED FROM MU TO INDUSTRIAL, 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 ZONING CATEGORY PUD TO ZONING LI, IN ACCORDANCE WITH PROVISIONS OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. FRULR 5. O'NEIL, PRSCO GLERK & G01PTRO LER 0859 1 2 1P ° OR BK ° 1557 EREAS, Taylor Woodrow Homes Florida, Inc., the owner of land hereinafter described i ection 2 below, did petition on the 30th day of MAY, 2008 for rezoning of said land; and EREAS, the City Council has been given authority by the State of Florida pursuant to Chapter. 163, Florida Statutes, to amend the Future Land Use Map of the City's territorial oundaries upon receipt of written consent of the land owners, together with the approval of.t e Fity 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 hapters 166 and 163, Florida Statutes, to rezone property within the City limits upon receipt f twritten consent of the land owner, together with the approval of the City Council of sai ezoning duly expressed by Ordinance; and WHEREAS, due` public notice of hearing on the proposed rezoning was given by the Cit' Council on June 25, 2009 and July 2, 2009, -as required by the Zephyrhills Land Developme t Fode, as amended, and Chapters 163 and 166, Florida Statutes; and HEREAS, 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 Ma endment for the proposed FLUMA amendment in application of Taylor Woodrow Horn s lorida, Inc. is consistent with the goals, objective and policies of the Comprehensive Plan; an WHEREAS, the City Council has determined that the LI zoning category would be appropriat would promote the general welfare, and encourage proper development within the City. 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. ARCEL I.D.NO.: 23-26-21-0020-01300-0020; 24-26-21-0010-03900-0010 00 acres m.o.l. he Future Land Use Map designation is IN and is hereby rezoned as LI and included within t e boundaries of the City of Zephyrhills, Florida subject to the following conditions: City of Zep1 yrhills ; a y City Clerks Office 5335 8th Street Zephyrhill , FL 33542 flR BK 8142 PG 1558 2 of 4 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.) Future development plans shall include a multi-purpose trail along Chancey Road; 11.) The City will continue on-going efforts to utilize the increase of the City's water use permit and annexation agreement/utilities service area agreement with Pasco County. 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. 1 • 3 of 4 Section 5: This ordinance shall take effect upon passage on the third reading and signing by t e vllayor. he foregoing Ordinance No.1029-08 was read and passed on the first reading in an open ai d egular meetin ,o l � oty.Council of the City of Zephyrhills, Florida, on this 13th day f October, 2.0Q$ ""' 2 Attest: f 0/`' ' C4 Lm la D ban,City_Clerrk Luis M. Lopez, C uncil P ident o The foregoing 6 oe. o. 1029-08 was read and passed on the second reading, following a public hearing, in an open and regular meeting of the City Council of the City of Zephyrhill , lorida, on•.t1 `sth- of July, 2009. ttest / J ___________ : Lind Boan-,City:Clerk o i Wil Council President The for pin inceQl o. 1029-08 was read! and passed on the third reading, following a ublic hearing;Wi qi phi n and regular meeting of the City Council of the City of Zephyrhill , lorida, on this 27 day of July, 2009. ttest: Linda D.•Boan,.Crtlerk odi Wilkeson, Council President The foegom -.Ordinance No,,. 1029-08 was approved by me this 27th day of July, 2009. W. Cliff ie, M Approved as to legal form and legal content seph A. Poblick, City Attorney EXHIBIT "A" to ORDINANCE# 1029-08 OR BK 8142 PG 1560 4 of 4 DESCRIPTION: Part of the Northwest 1/4 of the Northwest 1/4 of Section 24, Township 26 South, Range 21 East, Pasco Cou ty, Florida, Ding West of the CSX Transportation; Inc. railroad right—of—way; AND that port of the Southwest 1/4 of the Northeast 1/4 of Section 23, Township 26 South, Range 21 East, lying East of State Road No. 39; AND part of ZEPHYRHILLS COLONY COMPANY ecorded in Plat oak 1. Page 55, of the Public Records of Pasco County. Florida, TOGETHER WITH portions of plotted rights—of—way (to be vocated)J all lying in Sections 23 and 24. Township 26 South, Range 21 East, Pasco County, Florida; being more particularly d scribed as follo ls: COMMEN E at the Northwest corner of said Section 24. run thence along the West boundary of said Northwest 1/4 of the Nor hwest 1/4 of ection 24, 5.01'47'15"W., 81.76 feet to a point on a curve on the Westerly right—of—way line of said CSX Transportation Inc. railroadright—of—way for a POINT OF BEGINNING; thence along said Westerly right—of—way line the following two (2) courses: 1 Southeasterly, 388.84 feet along the arc of a curve to the left having a radius of 4643.87 feet and a central angle of 0447' 1" (chord bearing 5.23'52'00"E., 388.72 feet); 2) 5.2521'34"E., 2252.90 feet to ]the Northerly right—of—way line of Chancey Road; thence along said Northerly right—of—way line, S.76'02'04"W., 980.66 feet; thence N.1359'13"W., 304.02 feet; thence N.87'14'09"W., 135.92 f et; thence I .60'50'02"W., 15.29 feet; thence N.00'59'46"W., 46.71 feet; thence N.4020'05"E., 58.36 feet; thence N.26'21'57"W., 84. 0 feet; thence I .05'53'03"W., 56.97 feet; thence N.07'47'10"E., 25.05 feet; thence N_39'30'00"W., 339.49 feet; thence S.50'30'00"W., 316.09 feet; thence .73'55'48"W., 849.08 feet to the Easterly right—of—way line of j State Road No. 39; thence along said Easterly right—of way line, N.27'12' 0"W., 1930.45 feet; thence N.4239'22"E., 374.87 feet to the North boundary of Tract 14 of said plat of ZEPHYRHILLS COLONY COMPAN in said Section 23; thence along said North boundary of Tract 14, N.89'47'09"E., 568.64 feet to the Northeast corne thereof; thence along the East' boundary of said Tract 14, S.0044'51"W., 328.75 feet to the Southeast corner thereof; thence along the Easterly extensio of the South boundary. of said Tract 14, N.89'43'51"E., 15.00 feet to the centerline of platted right—of—way, also bei g the West bo ndary of the Northeast 1/4 of the Northeast 1/4 of aforesaid Section 23; thence along the North boundary of Tract 8 of said plat of ZEPHYRHILLS COLONY COMPANY in said Section 23. and the Westerly extension thereof, and the North boundary of TTract 17 of said plot of ZEPHYRHILLS COLONY COMPANY in said Section 23, and the Easterly extension thereof, N.8944'13"E., 1363.25 feet to the Northeas corner of the Southeast 1/4 of said Northeast 1/4 of the Northeast 1/4 of Section 23; thence along aforesaid Wes 'boundary of the Northwest 1/4 of the Northwest 1/4 of Section 24, I .01'47'15"E., 573.24 feet to the POINT OF BEGINNING. Containing 100.437 acres, more or less.