HomeMy WebLinkAbout938-05 Six Feet Under, LLC FLUM and Rezoning llll
IIIII IIIII IIIII II III I!III II Il IIII
2005248602
944944 Rec: 18.5
Rcpt IT: 0.0@
DS: 0.00 I) . Clerk
ORDINANCE NO.: 938-05 11/22/05
AN ORDINANCE 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 CITY
FUTURE LAND USE MAP DESIGNATION RS (RESIDENTIAL
SUBURBAN) AND MIXED USE (.MIXED USE) TO CITY FUTURE
LAND USE MAP DESIGNATION RU (RESIDENTIAL URBAN),
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 CITY ZONING CATEGORY R-3 (MEDIUM
DENSITY RESIDENTIAL) TO CITY ZONING CATEGORY OP
(OFFICE PROFESSIONAL) IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 166041, FLORIDA STATUTES;
PROVIDING FOR CODIFICATION, CONFLICT,
SEVERABILITY, AND AN EFFECTIVE DATE. (SIX FEET
UNDER,LLC) JED PITTM1 N, PASC0 Co NTY CLERK
11/221 of 2
OR BK/0 6707 5 m PG 1485
WHEREAS, SIX FEET UNDER, LLC, the owner of land hereinafter described in
S ction 2 below, did petition on the 1st day of August, 2005 for Future Land Use Map (FLUM)
d signation and rezoning of said land; and
WHEREAS, the City Council of Zephyrhills, Florida, has been given authority by the
Sate of Florida pursuant to Chapter 163, Florida Statutes, to amend the Future Land Use Map of
t e City's territorial boundaries upon receipt of written consent of the land owner, together with
t e approval of the 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 to
apters 166 and 163,Florida Statutes, to property within the City lirnits`upon receipt1of written
c nsent of the land owner, together with the approval of the City Council of said rezoning duly
e pressed by Ordinance; and
WHEREAS, due public notice of hearings on the proposed FLUM amendment and
r zoning was given by the City Council on October 13, 2005 and October 20, 200.5 as required
b, Chapter 166, Florida Statutes; and
WHEREAS, the Planning Commission, did�hold a public hearing on September 13, 2005
t consider said proposed FLUM amendment and rezoning; and
WHEREAS, the City Council agrees to formal adoption of a small scale amendment°,to
t e Future Land Use Map of the City of Zephyrhills Comprehensive Plan to designate the
h reinafter described real property consistent with all comprehensive plan goals, objectives, and
p licies which shall pertain to said land; and
WHEREAS, the City Council-has determir ed that the RU (Residential Urban). Future
and Use Map designation and OP (Office Professional) zoning category would be appropriate,
ould promote the general welfare, and encourage proper development within the City.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL
F THE CITY OF ZEPHYRHILLS, FLORIDA, AS FOLLOWS:
SECTION 1: The above Whereas clauses are hereby adopted and incorporated herein.
Record and Return to:
City Clerk's Office s'
5335 8th St eet .. k
Zephyrhills FL 33542
OR BK 6707 PG 1486
2 of 2
SECTION 2: The following described lands, lying and being situated in Pasco County,
to wit:
CONTAINING 2.49 ACRES,MORE OR LESS.
PARCEL I.D.NO.: 02-26-21-0080-OOA00-0080
be and the same is hereby designated on the Future Land Use Map and rezoned to and included
within the boundaries of the City of Zephyrhills, Florida, subject to the following condition:
1. The existing buffer area shall be maintained. Should the northeast portion of the subject
property be sold or developed in the future, the owner/applicant shall provide a
continuous buffer along the entire northeastern property line prior to issuance of
certificate of occupancy. Said buffer shall meet all requirements of the Landscape and
Tree Protection Ordinance. Pursuant to the request of the adjacent property owner, no
buffer shall be required along the southeast corner of the subject property.
2. The owner/applicant agrees to convey, at no cost to the City of Zephyrhills, an additional
fifteen (15) feet of right-of-way along the entire southern boundary of the property
abutting North Avenue. The right-of-way may be transferred by perpetual right-of-way
easement, fee simple deed, or dedicated by plat All conveyances shall occur at record
plat, construction plan approval, or within 90 days of the City's requires, whichever
occurs first. All conveyances shall include access easements, be in a form acceptable to
the City Attorney; and be free and clear of all lines and encumbrances, including
exemption from all covenants and deed restrictions.
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 and small scale FLUM amendment shall take effect as
provided-' "t! , harter and Chapter 163, Florida Statutes.
The f�breg6i g`Qrdinancdr_ o. 938-05 was read and passed on the first reading in an open and
re lar meeting, of the . Council of the City of Zephyrhills, Florida on this 10th day of
O. ober, 20 _
Attest. � � @h( -
( yy & v \
i a DoatilEity Clerk Cathi L. Compton, Council President
The foregoing Ordinance No. 938-05 was read and passed on the second reading, following a
publica i , an open and regular meeting of the City Council of the City of Zephyrhills,
Flc la,'on this 24'$dpy of October, 2005.
Attest;- �i � C. . i L .
Olhda'D. Boan, City Clerk Cathi L. Compton, Council President
I ofor' og Ordi�fice No. 938-05 was approved by me this 24th day of October, 2005.
W. Clif ffie, yor
Appr v d 7/0 le orm and legal content
/1 &6AJ'U4* 7
Karla S. Owens, City Attorney