HomeMy WebLinkAbout954-06 Capt Geiger FLUM and Rezoning (NW corner Geiger and 301) III �� ;
2006080180
Rcpt 990:+75 i ; 27.00
ORDINANCE NO.: 954-06 OS: 0.00 I T: 0.00
04/20/06 Dpty !erk
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
DESIGNATIONS MU (MIXED USE) AND RU (RESIDENTIAL URBAN)
TO CITY FUTURE LAND USE MAP DESIGNATION MU (MIXED USE),
= 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
CATEGORIES PLANNED UNIT DEVELOPMENT AND M-2 TO CITY
ZONING CATEGORY C-2 (COMMUNITY COMMERCIAL) IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 166.041,'
FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT,
SEVERABILITY,AND AN EFFECTIVE DATE. (CAPT. GEIGER TRUST)
{
HEREAS, EDWIN COTHRON, AS TRUSTEE FOR THE CAPTAIN GEIGER TRUST, the
o"vner of land hereinafter described in Section 2 below, did petition on the 29th day of
DI cember, 2005 for Future Land Use Map (FLUM) designation and rezoning of said land; and �o
� r
EREAS, the City Council of Zephyrhills, Florida, has been given authority by the State of ,
F orida pursuant to Chapter 163, Florida Statutes, to amend the Future. Land Use Map of the
City's territorial boundaries upon receipt of written consent of the land owner, together with the
a proval of the City Council of said Future Land Use Map amendment duly expressed by
O dinance; and
HEREAS, the City Council has been given authority by the State of Florida pursuant to
C apters 166 and 163, Florida Statutes, to property within the City limits upon receipt of written
c nsent of the land owner, together with the approval of the City Council of said rezoning duly
e pressed by Ordinance; and
EREAS, due public notice of hearing on the proposed FLUM amendment and rezoning was
gi en by the City Council on March 16, 2006 and March 23, 2006, as required by the Zephyrhills
L nd Development Code, as amended, and Chapters 163 and 166, Florida Statutes; and.
W EREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a public
he ring on February 14, 2006 to consider said proposed FLUM amendment and rezoning; and
W EREAS, 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 hereinafter
d4cribed real property consistent with all comprehensive plan goals, objectives, and policies
w ich shall pertain to said land; and
W{EREAS, the City Council has determined that the Mixed Use (MU) Future Land Use,Map
de ignation and C-2 (Community Commercial) zoning category would be appropriate, would
pr mote the general welfare, and encourage proper development within the-City.
N W, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF
Z PHYRHILLS, FLORIDA, AS FOLLOWS:
II
Se tion 1: The above Whereas clauses are hereby adopted and incorporated herein.
Se tion 2: The following described lands, lying and being situated in Pasco County, to wit:
S LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
Record and Return to:
City Clerk's Office
5335 8th Stree
Zephyrhills, F 33542
OR BY. 6945 PG 1654
2 of 3
PARCEL I.D. NOS.: 03-26-21-0010-11200-0041; 03-26-21-0010-12800-0020; and 03-26-21-
0210-00000-0CA0 (southern portion); 03-26-21-0210-00000-0010; 03-26-21-0210-00000-
0020; 03-26-21-0210-00000-0030; 03-26-21-0210-00000-0040; 03-26-21-0210-00000-0050;
03-26-21-0210-00000-0060; 03-26-21-0210-00000-0070;, 03-26-21-0210-00000-0080; 03-26-
21-0210-00000-0090; 03-26-21-0210-00000-0100; and 03-26-21-0210-00000-0110.
1.57 acres m.o.l.
is hereby designated on the Future Land Use Map and rezoned and included within the
boundaries of the City of Zephyrhills, Florida, subject to the following conditions:
1. 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.
2. The developer shall obtain FDOT and County right-of-way use permits prior to
access/driveway connection, and shall comply with all the provisions of the Pasco
County Access Management Ordinance.
3. The developer shall comply with the City's general design guidelines set forth in the
City's Land Development Code.
4. The developer shall address traffic study issues/recommendations to assess levels of
service/roadway/intersection improvements prior to approval of the future site plan.
5. Pedestrian amenities including but not limited to sidewalks, bike lanes and a multi-
purpose trail shall be incorporated into the future site plan.
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 in the
City Charter i dF,Hhapter 163, Florida Statutes.
The foregoing\Ordinanct�No. 954-06 was read and passed on the first reading iin an open and
regular.meetmgof the..City Council of the City of Zephyrhills, Florida, on this 13 day of March,
2006.
Attest: = G..
,r�iida•D:~13oan;-ogity'Clerk Cathi L. Compton, Council President
The foregoing'briinance No. 954-06 was read and passed on the second reading, following a
public,her', in an open and regular meeting of the City Council of the City of Zephyrhills,
Florij , n.this ' day of March, 2006.
�. tt7St ...\ s. L"-_-!�`4ie .- _ _ _ _ _/_�//-
t DBo ;City Clerk Cathi L. Compton, Council President-
.
efor' oin Ordin" J No. 954-06 was approved b me this 27t1' day of March, 2006.
g- � by
W. Cliff of ie, r
App as to al ind legal content
/(//6 �b 1.
l Karla S. Owens, City Attorney
EXHIBIT "A"
L 1655
j
GAL DESCRIPTION. R 8x �r
3 of 3
P RCEL L' (ASPROVIDED)
UNIT NO. 'S 1 THRU 11, PINCREST MOBILE HOME PARK, A RESIDENTAL
COOPERATIVE, ACCORDING TO EXHIBIT "B" (PLOT PLAN) OF THE MASTER FORM
PROPRIETARY LEASE RECORD IN OFFICIAL ,RECORDS BOOKS 4767, PAGE 100
TI ROUGH 150, OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA.
P RCEL/L (ASPROV%DED) _ -- - - _-
P RCEL C: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4
0 THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 26 SOUTH, RANGE 21 EAST
T ENCE SOUTH 8908'22" EAST, ALONG THE SOUTH SECTION LINE, ALSO BEIN
TI-E CENTERLINE OF GEIGER ROAD, 705.67 FEET; THENCE NORTH 0616'14"
W ST, 40.31 FEET TO THE SOUTHWEST CORNER KNOWN AS THE POINT OF
B GINNING; THENCE NORTH 06'16'14" WEST, 154.04 FEET; THENCE NORTH
7 47'06" EAST TO THE WESTERLY BOUNDARY OF U.S. HIGHWAY 301 AS IT IS
N W CONSTRUCTED 102.98 FEET; THENCE ALONG A CURVE TO THE LEFT
A ONG THE WEST RIGHT-OF-WAY LINE. OF (SR 39) U.S. HIGHWAY 301 WITH
R 0/US OF 1231.21 FEET, AN ARC OF 191.51 FEET, A CHORD OF 191.32
FILET, CHORD BEARING SOUTH. 24'40'36" EAST; THENCE NORTH 89'08'22" WE T
A ONG THE NORTH RIGHT-OF-WAY LINE OF GEIGER ROAD 164.42 FEET TOT E
P /NT OF BEGINNING.
CONTAINING 0.50 ACRES, MORE OR LESS.
P RCEL/// (AS PROVIDED)
P RCEL B: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4
O THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 26 SOUTH, RANGE 21 EAST;
TI ENCE SOUTH 89'08'22" EAST ALONG THE SOUTH LINE OF SECTION 3, ALSO
B /NG THE CENTERLINE OF GEIGER ROAD,; 705.64 FEET; THENCE NORTH
0 '16'14" WEST, 194.35 FEET TO THE POINT OF BEGINNING; THENCE NORTH
0 '16'14" WEST, 192.29 FEET; THENCE NORTH 8007'54" EAST, TO THE
W STERLY BOUNDARY OF U.S HIGHWAY 301 AS IT IS NOW 'CONSTRUCTED 71. 4
F ET; THENCE ALONG A CURVE TO THE LEFT ALONG THE WEST RIGHT-OF-WA
L/ E OF (SR 39) U.S. HIGHWAY 301 WITH A RADIUS OF 1231.21 FEET AN A C
o1 192.49 FEET, CHORD OF 192.30 FEET CHORD BEARING SOUTH . 15'44'29"
15'44'29"
EST; THENCE SOUTH 7947'06" WEST, 102.98 FEET TO THE POINT OF
B GINNING, LYING AND BEING IN P.4SCO COUNTY, FLORIDA.
CONTAINING 0.37 ACRES, MORE OR LESS.1
PARCELS/,//,///AND THATPARTOFHARR/ETSTREETL YINGADJACENT THERETO
ALSO DESCRIBED AS FOLLOWS:
C MMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE
S UTHEAST 1/4 OF SECTION -3, TOWNSHIP 26 SOUTH, RANGE 21 EAST-, PASC
C UNTY, FLORIDA; THENCE SOUTH 89'08'22" EAST ALONG THE SOUTH LINE 0
S CT/ON 3, ALSO BEING THE CENTERLINE OF GEIGER ROAD, 602.23 FEET,
THENCE NORTH 40.00 FEET TO THE NORTH RIGHT-OF-WAY_ LINE OF GEIGER
R AD, THENCE NORTH 89'08'21 " WEST, 6.00 FEET TO THE POINT OF
B GINNING; THENCE DEPARTING SAID NORTH LINE NORTH 00'51 '24" WEST,
3 2.71 FEET; THENCE NORTH 89'58'29" EAST, 71.62 FEET; THENCE NORTH
8 '07'45" EAST, 71.21 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE
O U.S. HIGHWAY 301, SAID POINT BEING ON A CURVE CONCAVE TO THE EA T
WI H A RADIUS OF 1231.21. FEET, A CHORD OF 382:4 6 AND A CHORD BEARING
O SOUTH 20'21'05" EAST, THENCE ALONG SAID CURVE AND RIGHT-OF-WAY
34.O2; TO SAID NORTH RIGHT-OF-WAY OF GIEGER ROAD; THENCE NORTH
8 t 'O8'22" WEST ALONG SAID RIGHT-OF-WAY 269.45 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1.57 ACRES, MORE OR LESS.