HomeMy WebLinkAbout901-04 ALPU Future Land Use and Rezoning ORDINANCE NO.: 901-04
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 COUNTY FUTURE
LAND USE MAP DESIGNATION RES-6 (RESIDENTIAL 6
du/ga) 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 COUNTY ZONING CATEGORY C-2
(GENERAL COMMERCIAL) TO CITY ZONING
CATEGORY C2 (COMMUNITY COMMERCIAL) IN
ACCORDANCE WITH THE PROVISIONS OF SECTION
166.041, FLORIDA STATUTES; PROVIDING FOR
CODIFICATION, CONFLICT, SEVERABILITY, AND AN
EFFECTIVE DATE. (ALPU PROPERTY)
EREAS, ALPU, L.L.C., the owner of land hereinafter described in Section 2 below, di
etition on the 21st day of June, 2004 for Future Land Use Map (FLUM) designation an
zoning of said land; and
HEREAS, the City Council approved the annexation of said land within the corporate limits o
t e City on , 2004; and
REAS, the City Council of Zephyrhills, Florida, has been given authority by the State o
lorida pursuant to Chapter 163, Florida Statutes), to amend the Future Land Use Map of th
ity's territorial boundaries upon receipt of written consent of the land owner, together with th
pproval of the City Council of said Future Land Use Map amendment duly expressed b
rdinance; and
EREAS, the City Council has been given authority by the State of Florida pursuant t
hapters 166 and 163, Florida Statutes, to property within the City limits upon receipt of writte
onsent of the land owner, together with the approval of the City Council of said rezoning dul
xpressed by Ordinance; and
HEREAS, due public notice of hearing on the proposed FLUM amendment and rezoning wa
iven by the City Council on September 16 and September 23, 2004, as required by th
ephyrhills Land Development Code, as amended, and Chapters 163 and 166, Florida Statutes
nd
HEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a publi
earing on August 10, 2004 to consider said proposed FLUM amendment and rezoning; and
EREAS, the City Council agrees to formal adoption of a small scale amendment to th
uture Land Use Map of the Zephyrhills Comprehensive Plan to designate the hereinafte
escribed real property consistent with all comprehensive plan goals, objectives, and policie
hich shall pertain to said land; and
EREAS, the City Council has determined that the Mixed Use (MU) Future Land Use Ma
esignation and C2 (Community Commercial) zoning category would be appropriate, woul
romote 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:
Section 1: The above Whereas clauses are hereby adopted and incorporated herein.
Section 2: The following described lands, lying and being situated in Pasco County,to wit:
LOT 47, FORT KING ACRES, AS RECORDED IN PLAT BOOK 6, PAGE 109, PUBLIC
RECORDS OF PASCO COUNTY,FLORIDA.
PARCEL I.D.NO.: 34-25-21-0020-00000-0470
.46 acres m.o.1.
be and the same 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 petitioner or his successor shall connect to City central sewer services, and shall pay
all costs associated therewith.
2. Prior to occupancy, the petitioner or his successor shall adequately buffer the site with a
minimum six (6) foot opaque buffer along the rear/northeast portion of the property.
3. Prior to occupancy, the petitioner or his successor shall demonstrate compliance with all
applicable state and federal permitting requirements.
Section 3: All ordinances or parts of ordinances in conflict herewith be, and the same, 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 and Chapter 163, Florida Statutes.
The foregoing Ordinance No. 901-04 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 day of
, 2004.
Attest:
Linda D. Boan, City Clerk Clyde C. Bracknell, Council President
The foregoing Ordinance No. 901-04 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 day of , 2004.
Attest:
LindaD. Boan, City Clerk Clyde C. Bracknell, Council President
The foregoing Ordinance No. 901-04 was approved by me this day of , 2004.
W. Cliff McDuffie, Mayor
Approved as to legal form and legal content
Karla S. Owens, City Attorney