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Home My WebLink About955-06 Gore Dairy Rezoning Rerecord to correct error in wording. II�II��II�II��iIII�II�I�II�II�IYI��III�IIIIIIIIIIIIIIIIIII 2006122271 I � Rcpt: 1007298 Rec: 35.50 ORDINANCE NO.: 955-06 DS: 0.00 06/15/06 Dpty Clerk AN ORDINANCE OF. THE ,CITY_ OF ZEPHYRHILLS, FLORIDA AMENDING THE ZEPHYRHILLS LAND DEVELOPMENT CODE TO CHANGE THE ZONING ON LAND HEREINAFTER DESCRIBED FROM COUNTY ZONING CATEGORY AC (AGRICULTURAL) AND AR (AGRICULTURAL RESIDENTIAL) TO CITY ZONING CATEGORY C-2 (COMMUNITY COMMERCIAL) IN ACCORDANCE ,WITH THE PROVISIONS OF SECTION 16.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. (GORE DAIRY SUPPLY) ' JED PITTMAN PASCO COUNTY CLERK 06/15/06 04:04pm 1 01 /44 1, 4 OR :8K 7039. PG, HEREAS, GORE DAIRY SUPPLY, the owner of land hereinafter described in Section elow, did petition on the 23rd day of June, 2005 for rezoning of said land; and HEREAS, the City Council has been given authority by the State of Florida pursuant t hapters 166 and 163, Florida Statutes, to rezone property within the City limits upon receipt o itten consent of the land owner, together with the approval of the City Council of sai zoning duly expressed by Ordinance; and HEREAS, due public notice of hearing on the proposed rezoning was given by the Cit ouncil on March 18, 2006 and March 30, 2006, as required by the Zephyrhills Lan evelopment Code, as amended, and Chapters 163 and 166, Florida Statutes; and EREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a publi earing on February 14, 2006 to consider said proposed rezoning; and HEREAS, the City Council has determined that the C-2 (Community Commercial) zonin category would be appropriate, would promote the general welfare, and encourage prope evelopment 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 HERETO ARCEL I.D. NOs.: 26-25-21-0000-00500-0000; 26-25-21-0000-00300-0000; and 35-25-21 010-00500-0000 3.43 acres m.o.l. i hereby rezoned and included within the boundaries of the City of Zephyrhills, Florida subjec t the following conditions: -`1. The applicant shall be required to .prepare,engineering plans that re-locate the existin one acre retention pond of the shopping center to an alternate location that provide adequate retention as required. 2. The applicant shall be required to bring the existing one acre retention property into th City limits and assign a land use and zoning classification upon app licant's acquisition o fee simple title to the same. - 3. The developer/applicant acknowledges that any provisions of the City of Zephyrhill ordinances and rezoning conditions of approval not specifically waived shall be in ful force and effect, including all impact fees, drainage and landscaping ordinances. Record ai d Return to: City Clerk s Office 5335 8th treet Zephyrhil s,FL 33542 OR BK 7039 PG 115 2 of 4 4. Future engineering/drainage shall be reviewed by the City's engineer of record for assurances of proper/sufficient drainage to avoid drainage,"problems on subject and abutting properties. 5. The developer shall obtain FDOT and City right-of-way use permits prior to access/driveway connection, and shall comply with all the provisions of the Pasco County Access Management Ordinance. 6. A traffic study shall be prepared and reviewed by the City's engineer of record to assess levels of service/roadway improvements. All necessary transportation related improvements shall be "negotiated prior to the final adoption public hearing of the rezoning with time constraints. 7. Interconnections to and from abutting properties and pedestrian amenities including but not limited to sidewalks, bike lanes and a multi-purpose trail shall be incorporated into the future site plan. 8. The subject development shall be required to comply with the additional design standards for large retail projects pursuant to Section 7.10.02 of the Land Development Code. 9. Vacation of existing right-of-ways shall be completed prior to approval of the final site plan. 10. Staff has addressed that a concerted effort be made to address the aesthetics of the future vertical wall that will be located on the eastern property boundary line. 11. Environmental clean-up/permits must be provided to the City prior to final site plan approval. _ 12. The City shall not object to the following types of uses in the C-2 district: retail, office supply, pharmacy, convenience retail, beauty shops, duplicating service, restaurants, travel agencies, and other similar related uses. 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 shall take effect as provided in the City Charter and Chapter 163, Florida Statutes. The foregoing Ordinance No. 955-06 was read and passed on the first reading in an open and regular meeting of the City Council of the City of Zephyrhills, Florida, on this 13th day of March, 2006. Attes id(- )i Lind�."�DBo�an�-6�ityClerk Cathi L. Compton, Council President The foregoing Ordinance No. 955-06 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 Zephyrhills, Florida,,,-on this 27th day of March;"2006. Attes 0L 4 Lin a D. Bon, City Clerk Cathi L. Compton, Council President O 4 he foregoing Ordinance No. 955-06 was read and passed:on the third reading, following 4 ublic hearir ih`.an op%n,and regular meeting of the City Council of the City of Zephyrhills lorida,on'this 22' day of 1 3 , 2006. ,Linda Doan;City Clerk Cl e C. Bracknell, Council President he foregog Ordinance N955-06 was approved by me this 22°d day of May, 2006. a u :j1 W. Cliff IDuffle, M Approved as to legal form and legal content oseph A. Poblick, City Attorney ' 9PG116 3 of 4 I I I � , I � OR BK 7039 PG 11 i 4 of 4 I ' EXHIBIT "A" �- i J Y : DESCRIPTION A TRACT OF LAND LYING IN THE NORTHEAST 1/4 OF SECTION 34 AND IN THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 25 SOUTH, RANGE 21 EAST, PASCO COUNTY, FLORIDA. THE SAM BEING A PORTION OF THE ZEPHYRHILLS COLONY COMPANY LANDS SUBDIVISION OF SAID SECTION 34 AND 35 AS SHOWN ON THE PLAT OR MAP THEREOF RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA. ALL BEING FURTHER DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE N. 89'53'13" W. ALONG THE SOUTH BOUNDARY THEREO A DISTANCE OF 1638.79 FEET; THENCE N. 00'0945= E., A DISTANCE OF 35.00 FEET TO TH NORTH RIGHT-OF-WAY LINE OF PRETTY POND ROAD AND FOR A POINT OF BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY LINE, THE FOLLOWING THREE COURSES; (1) N. 8953'1 W., A DISTANCE OF 351.59 FEET; (2) S. 000"09,'48 W., A DISTANCE OF 5.00 FEET; (3) N. 8 53130 W., A DISTANCE OF 657.26 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LI E OF U.S. HIGHWAY 301; THENCE NORTHERLY, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, TH FOLLOWING FOUR COURSES;(1) N. 01'07'18" W., A DISTANCE OF 1101.25 FEET; (2) N. 0011'30" E., A DISTANCE OF 894.96 FEET; (3) S. 89'46'32" E., A DISTANCE OF 5.00 FEET; (4) NORTHERLY, 625.74 FEET ALONG THE ARC OF A CURVE TO THE RIGHT ( SAID CURVE HAVING A RADIUS OF 38082.19 FEET, DELTA ANGLE OF 005609", AND A CHORD BEARING AND DISTANCE OF N. 00'41'43" E., 625.73 FEET ) TO A POINT LYING ON THE NORTH BOUNDARY OF SAID SECTIO 34; THENCE S. 89'58'32" E., ALONG SAID NORTH BOUNDARY, A DISTANCE OF 7.21 FEET TO THE NORTHEAST CORNER OF SAID SECTION 34 ALSO BEING THE NORTHWEST CORNER OF SAID SECTION 35; THENCE S. 89'59'50" E., ALONG THE NORTH BOUNDARY OF SAID SECTION 35, DISTANCE OF 1015.05 FEET; THENCE S. 00'09'45" W., A DISTANCE OF 2618.58 FEET TO TH POINT OF BEGINNING. LESS AND EXCEPT THAT PORTION OF SAID TRACTS 58 AND 59 CONVEYED IN OFFICIAL RECO DS BOOK 1902, PAGE 690, PUBLIC RECORDS OF PASCO COUNTY, FLORIDA. SAID LAND CONTAINING 60.76 ACRES MORE OR LESS. AND A PORTION OF THE SOUTHWEST 1/4 OF SECTION 26 AND A PORTION OF TH SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 25 SOUTH, RANGE 21 EAST, PASCO COUNTY-, FLORIDA; ALL BEING FURTHER DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE S. 89°59'50" E., ALONG THE SOUTH BOUNDARY OF THE SOUTHWEST 1/4 OF SAID SECTION 26, DISTANCE OF 330.79 FEET; THENCE N. 01°25'10" E., A DISTANCE OF 338.58 FEET TO POINT ON THE SOUTH BOUNDARY OF THE NORTH 322.50 FEET OF THE SOUTH 1/2 OF TH SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 26;THENCE S. 89°57'59"W., ALONG SAID SOUTH BOUNDARY AND THE WESTERLY EXTENSION THEREOF, DISTANCE OF 338.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 301;THENCE SOUTHERLY,ALONG SAID RIGHT-OF-WAY LINE AND ALON THE ARC OF A CURVE CONCAVE TO THE EAST, A DISTANCE OF 338.37 FEET(SAT CURVE HAVING A RADIUS OF 38082.19 FEET, DELTA ANGLE OF 00°30'33, AND CHORD BEARING AND DISTANCE OF S.01 25'14"W., 338.37 FEET)TO A POINT ON THE SOUTH BOUNDARY OF THE SOUTHEAST 1/4 OF SAID SECTION 27;THENCE S.89°58'32' E., ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 7.21 FEET TO THE POINT O BEGINNING. SAID LAND CONTAINING 2.63 ACRES MORE OR LESS. f I � I