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HomeMy WebLinkAbout924-05 Elks Lodge Future Land Use and Rezoning f f ORDINANCE NO.: 924-05 200 VIII i�ll�IlI VIII IIII�VIII IIII�����VIII IIII IIlI 2005132031 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-9 (RESIDENTIAL 9 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 AC (AGRICULTURAL) TO CITY ZONING CATEGORY OP (OFFICE PROFESSIONAL) IN ACCORDANCE WITH THE PROVISIONS OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. (ELKS LODGE) Rcpt: 898982 Rec: 18.50 DS: 0.00 IT: 0.00 06/30/05 Dpty C erk rHEREAS, ZEK, INC./ZEK CORPORATION, the owner of land hereinafter described ir� Section 2 below, did petition on the 17th day of February, 2005 for Future Land Use Map (FLUM) designation and rezoning of said land; and WHEREAS, the City Council approved the annexation of said land within the corporate limits o j o� tREAS, ity on June 27, 2005; and �mD 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 �®�0 ity's territorial boundaries upon receipt of written consent of the land owner, together with the o a proval of the City Council of said Future Land Use Map amendment duly expressed by �o rdinance; and Jo-i WHEREAS, the City Council has been given authority by the State of Florida pursuant to I �� Chapters 166 and 163, Florida Statutes, to property within the City limits upon receipt of written M consent 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 hearing on the proposed FLUM amendment and rezoning was g ven by the City Council on June 16, 2005 and June 23, 2005, as required by the Zephyrhills L d Development Code, as amended, and Chapters 163 and 166, Florida Statutes; and HEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a public hearing on May 10, 2005 to consider said proposed FLUM amendment and rezoning;VHEREAS, 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 described real property consistent with all comprehensive plan goals,_objectives, and policies w ich shall pertain to said land; and WHEREAS, the City Council has determined that the Mixed Use (MU) Future Land Use Map d signation and OP (Office Professional) zoning category would be appropriate, would promote th general welfare, and encourage proper development within the City. I N W, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF Z PHYRHILLS, FLORIDA, AS FOLLOWS: S coon 1: The above Whereas clauses are hereby adopted and incorporated herein. RSection 2: The following described lands, lying and being situated in Pasco County,to wit: Record and Return to: City Clerk's Office 5335 8th Strut Zephyrhills, FL 33542 Oft BK V450 PG 787 2 of 2 TRACT 12, ZEPHYRHILLS COLONY COMPANY LANDS, IN SECTION 2, TOWNSHIP 26 SOUTH, RANGE 21 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 55, PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, LESS THE EAST 10 FEET THEREOF FOR ROAD RIGHT-OF-WAY. PARCEL I.D.NO.: 02-26-21-0010-01200-0000 CONSISTING OF 4.92 ACRES M.O.L. 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. Within thirty (30) days of the date of adoption of this ordinance, the petitioner shall donate to the City of Zephyrhills an additional fifteen (15) feet of road right-of-way along Wire Road. 2. The petitioner shall either construct or pay for the construction of sidewalks along Wire Road. 3. The petitioner shall submit a new survey of the property within forty-five (45) days of the date of the adoption of this ordinance depicting the right-of-way dedication and the on- site retention pond. 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 : 'Phis ordinance and small scale FLUM amendment shall take effect as provided in the • City Charter ac Chapter 163, Florida Statutes. The foregoing Ordinance No. 924-05 was read and passed on the first reading in an open and reguIr .meeting of the City Council of the City of Zephyrhills, Florida, on this 13th day of June, 2005•?. °a1 Atfes \!jinda l .. Boan; QTty Clerk Cathi L. Compton, Council President The foregoing 9 6dinance No. 924-05 was read and passed on the second reading, following a public'ldar}ng,.4A1. ppen and regular.meeting of the City Council of the City of Zephyrhills, Florida,,on this.27th daf June, 2005. r 4, •Li D. Bo n, Ciy Clerk Cathi L. Compton, Council President �.` `The or��g� } Or�d�nance No. 924-05 was approved by me this 27t1 day of June, 2005. W. Clif cD ffre, ayor Approvei a to le 1 form d legal content ar a S. Owens, Attorney