HomeMy WebLinkAbout947-06 Butterfield Future Land Use and Rezoning (Court & Palmetto Palm) i iiiii hill iiii hill IIIII I L i1Il ilII i iIL iii ii i
2006046135
Rcpt:976488 Rec: 27.00
ORDINANCE NO.: 947-06
03/08/06 ------ -- --Dpty Cl rk
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) 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 (RESIDENTIAL) TO CITY ZONING CATEGORY R-4
(MULTI-FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 166.041, FLORIDA STATUTES;
PROVIDING FOR CODIFICATION, CONFLICT SEVERABILITY, AND
AN EFFECTIVE DATE. (BUTTERFIELD PROPERTY) JED PITTMAN, PRSco cou TV CLERK
0OR0BK0 6874 PG if
55
WHEREAS, Butterfield Mobile Home Service, Inc., the owner of land hereinafter described in
Section 2 below, did petition on the 18th day of November, 2005 for Future Land Use Map
( LUM) designation and rezoning of said land; and
REAS, the City Council of Zephyrhills, Flo r da, has been given authority by the State o
F orida pursuant to Chapter 163, Florida Statutes to amend the Future Land Use Map of the
ity's territorial boundaries upon receipt of written consent of the land owner, together with the
approval of the City Council of said Future Land Use Map amendment duly expressed b
Ordinance; and
WHEREAS, the City Council has been ..given authority by the State of Florida, pursuant to
hapters 166 and 163, Florida Statutes, to rezone the property within the City limits upon receipt
o written consent of the land owner, together with approval of the City Council of said rezoning
ly expressed by Ordinance; and
HEREAS due public notice of hearing on tIhe proposed rezoning and future land us
amendment was given by the City Council on February 2, 2006 and February 9, 2006 as require
by the Zephyrhills Land Development Code, as amended, and Chapters 163 and 166, Florid
tatutes; and
EREAS, the Planning Commission, sitting as the Local Planning Agency did hold a public
hearing on December 13, 2005 to consider said proposed rezoning and future land use ma
,rnendment; and
HEREAS, the City Council has determined that the R-4, Multi-family Residential, zoning
ategory would be appropriate, would promote the general welfare and encourage prope'
evelopment within the City;
WHEREAS, the City Council agrees to formal adoption of a small scale amendment to the
Future Land Use Map of the Zephyrhills Comprehensive Plan to designate the hereinafte
escribed real property to RU, Residential Urban, consistent with all comprehensive plan goals
bjectives, and policies which shall pertain to said and; and
EREAS, the City Council has determined that the Residential Urban (RU) Future Land Use
ap designation and rezoning to R-4 would be appropriate, would promote the general welfare
nd encourage proper development within the City,
OW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL O
EPHYRHILLS, FLORIDA,AS FOLLOWS:
Section 1: The above Whereas clausessare hereby adopted and incorporated herein.
Record and Return to: '
City Clerk's Office �•
5335 8th Street '
Zephyrhills�, FL 33542
OR BK 6874 PG 156
2 of 3
Section 2: The City Council for the City of Zephyrhills has determined that the Residential
Urban (RU) Future Land Use designation and the R-4 zoning category would promote the
general welfare and encourage proper development within the City, and that the following
described lands, lying and being situated in Pasco County, to wit:
LEGAL DESCRIPTION: TRACTS 66 AND 79 IN SECTION 15,TOWNSHIP 26 SOUTH,
RANGE 21 EAST, ZEPHYRHILLS COLONY COMPANY LANDS, AS PER PLAT
THEREOF RECORDED IN PLAT BOOK 1 PAGE 55 PUBLIC RECORDS OF PASCO
COUNTY,FLORIDA.
PARCEL I.D. NO.: 15-26-21-0030-06600-0000
10 acres m.o.I.
is hereby designated on the Future Land Use Map as RU and rezoned to R-4 subject to the
following conditions:
1. The owner/applicant acknowledges that any provisions of the City's Land Development
Code or Code of Ordinances not specifically waived shall be in full force and effect
including but not limited to the townhome standards and landscaping/tree removal
ordinances.
2. The owner/applicant must obtain a right-of-way use permit from Pasco County prior to
connection to Court Street. Any off-site transportation improvements required by Pasco
County must be constructed prior to issuance of the first building permit. In addition, the
owner/applicant shall submit a transportation study including ESOL numbers to the City
for review and approval prior to the issuance of the first building permit.
3. The owner/applicant shall construct all internal roads to City standards and shall utilize a
minimum of two (2) inches of surface asphalt.
4. The owner/applicant shall fully comply with all applicable landscaping/tree removal and
townhome requirements and shall adequately address perimeter buffering and
minimization of lighting spillover onto adjoining properties.
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 rezoning ordinance and small scale FLUM amendment shall take effect as
provided in the City Charter and Chapter 163, Florida Statutes.
The fore ing-Ordinan4e No. 947-06 was read and passed on the first reading in an open and
regular meeting of the'cjy':Council of the City of Zephyrhills, Florida, on this 23rd day of
Janua y,2006.
Attest. ✓ r
Ciiid : B"an; iy Clerk Cathi L. Compton, Council President
The foregoing. Ordinance No 947-06 was read and passed on the second reading, following a
public hearing, in open and regular meeting of the City Council of the City of Zephyrhills,
Florida, on•tli 1Fn d&; ebruary, 2006.
Attest ________ (Qt 7
:
Linda s3oan,.City Clerk Cathi L. Compton, ouncil President
UEtQa ...
OR BK 6874 PG 157
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he foregoin ,0rdina .ce No. 947-06 was read and passed on the third reading, following
ublic heft'iig;'iifan'optr•and,regular meeting of the City Council of the City of Zephyrhills,
lorida,on this 27 day ofebruary, 2006.
r�
LAnda D. o . City lerk Cathi L. Compton, Council President
Co l n l �� \ 1
he foregoing Ordinance No. 947-06 was approved by me this 27th day of February, 2006.
W. Cliff Mc fie, ayo
Appr as It
and legal content
Karla S. wens, City Attorney