HomeMy WebLinkAbout1313-17 Smith, Burgess, Bahr, Smith, TFC Homes, Pyon, Avadikian-Aguilar, Olanda, WIlder, Chauncey, and Poblick Rezoning and FLUMA 2017022213
ORDINANCE NO. 1313-17
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 FROM COUNTY R9 TO
CITY RE, AND AMENDING THE ZONING FROM COUNTY- R1 TO--
CITY ER, FOR PARCELS (EXHIBIT A) PROVIDING FOR
CODIFICATION, SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS, the City Council has been given authority by the State of Florida 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 owners, together with the approval of the
City Council of said Future Land Use Map amendment duly expressed by Ordinance;and
WHEREAS, the City Council has been given authority by the State.of Florida pursuant to
Chapter 163 and 166, Florida Statutes, to rezone property within the City Limits upon receipt of
written consent of the land owner, together with the approval of the City Council of-said
rezoning duly expressed by Ordinance; and
WHEREAS, due public notice of hearing on the proposed rezoning was given by:the. City
Council on February 13, 2017, as required by the Zephyrhills Land Development-Code, as
amended, and Chapters 163 and 166, Florida Statutes; and
WHEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a public
hearing on the 10th day of January, 2017 to consider said proposed rezoning; and
WHEREAS, the Future Land Use Map Amendment meets the criteria of a small-scale Map
amendment for the proposed FLUMA amendment are consistent with the goals, objectives and
policies of the Comprehensive Plan; and
WHEREAS,the City Council has determined that the ER zoning category would be appropriate,
ji would promote the general welfare, and encourage proper development within the City.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL
OF ZEPHYRHILLS,FLORIDA,AS FOLLOWS:
SECTION 1: The above Whereas clauses are hereby adopted and incorporated herein.
it
SECTION 2: The following described lands, lying and being situated in Pasco County, to wit:
Parcel Id No.: Exhibit A Rcpt:1838842 Rec: 35.50
DS: 0.00 IT: 0.00
Physical Address: Exhibit A 02/17/2017 E. p1. , Dpty Clerk
Legal Description: Exhibit A PRULFI s.O'NE I L Ph D PASCO CLERK & COMPTROLLER
'02/17/2017 OR BK 03:54 m 1 3887
of 4
q,�'f PG
14.23 acres M.O.L.
the Future Land Use Map designation R9 and is hereby rezoned RE and included within the
boundaries of the City of Zephyrhills, Florida.
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.
Record and Return to: mac/
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33542
OR BK 9497 PG 3888
2 of
4
'The,foregoing Ordinanc, No. 1313-17 was read and passed on the first reading in an open and
r guar ri eting of the ' ty Council of the City of Zephyrhills, Florida, on this 23`d day of
O January, 20 1
l - Lo i L.: .=�1lmaj:.:City Clerk enneth V. Compton, Council President
0The Torego `Ordinance''°. `:. 1313-17 was read and passed on the second reading, following a
.p�.li g jht gng, in an open a d regular meeting of the City Council of the City of Zephyrhills,
Florida, n this 13 '.day:of Fe ruary, 2017.
<
Lori L.`Il1$ian, City Clerk Kenneth V. Compton, Council President
r The 0Aeg6�,ifn:z'g rdjnance No. 1313-17 was approved by me this 13th day of February, 2017.
ht r f. 1_
Ge WhitfielddMar
Approved as to le al form and legal content
Matthew E. Maggard,, It5 Attorney
OR BK 9497 PG 3889
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PARCEL I.D. ADDRESS LEGAL DESCRIPTION
03-26-21-0010-04400-0020 37345 Neighbors Path ZEPHYRHILLS COLONY COMPANY LANDS PB 1 ,PG 55
WEST 161.50 FT OF TRACT 44 IN SECTION 3
SUBJECT TO &TOGETHER WITH ESMT FOR INGRESS
& EGRESS &DRAINAGE &•UTILITIES OVER &ACROSS
SOUTH 85.00 FT OF WEST 434.50 FT & OVER.&
ACROSS SOUTH 100.00 FT OF EAST 100.00 FT.OF
WEST'534.50 FT OF SAIDTRACT 44 &TOGETHER
WITH ESMT FOR INGRESS & EGRESS & UTILITIES
ii OVER &ACROSS SOUTH 35.00 FT OF TRACT 43 &
OVER &ACROSS THE NORTH 35.00 FT OFTRACT 43
&SUBJ TO UTILITY ESMT OVER &ACROSS WEST 10
FT THEREOF OR 7738 PG 1408
03-26-21-0010-04300-0010 6626 FOUNDERS ST ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 55
PORTION OF TRACT 43 IN SECTION 3 DESC AS
SOUTH 1/2 OF TRACT 43 LESS & EXC EAST 318.50
FT THEREOFSUBJECT TO A PERPETUAL R/W,
EASEMENT OVER &ACROSS WEST 5.00 FT THEREOF
&SUBJECT TO A UTILITY EASEMENT OVER &
ACROSS EAST 15.00 FT OF WEST20.00 FT THEREOF
&SUBJECT TO A NON-EXCLUSIVE INGRESS &
EGRESS & UTILITY EASEMENT OVER &ACROSS
SOUTH 35.00FT THEREOF AKA LOT 1 MATILDA'S
WALK CLASSIIIE SUBDIVISION PER OR 4256 PG 742
OR 6357 PG 1320
li
03-26-21-0010-05400-0040 37350 Neighbors Path ZEPHYRHILLS COLONY COMPANY LANDS IN SECTION
3 PB 1 PG 55 EAST 159.25 FT OF TRACT 54 SUBJECT
TO &TOGETHER WITH A NON-EXCLUSIVE INGRESS
&EGRESS & UTILITY EASEMENT OVER &ACROSS
NORTH 35.00 FT OF SAID TRACT 54 &SUBJECT TO A
UTILITY EASEMENT OVER &ACROSS EAST 10.00 FT
THEREOFAKA LOT 4 CHEL-MARIE PLACE CLASS IIIE
SUBDIVISION PER OR 4194 PG 682 OR 4234 PG
1466
03-26-21-0010-04300-0030 37333 Neighbors Path ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 55
WEST 159.25 FT OF EAST 318.50 FT OF TRACT 43
SUBJECT TO &TOGETHER WITH A NON-EXCLUSIVE
INGRESS &EGRESS & UTILITY EASEMENT OVER &
ACROSS SOUTH 35.00 FT OF SAID TRACT 43 LESS &
EXC EAST 159.25 FT THEREOF AKA LOT 3 MATILDA'S
WALK CLASSIIIE PER OR 4256 PG 742 OR 4366 PG
378
03-26-21-0010-04300-0040 37351 Neighbors Path ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 55
POR OF TRACT 43 IN SECTION 3 DESC AS EAST
159.25 FT OF TRACT 43 SUBJECT TO &TOGETHER
WITH NON-EXCLUSIVE INGRESS EGRESS & UTILITY
EASEMENT OVER &ACROSS SOUTH 35.00 FT OF
TRACT 43 & SUBJECT TO A UTILITY EASEMENT OVER
&ACROSS EAST 10.00 FTT'HEREOF AKA LOT 4
MATILDA'S WALK CLASS IIIE SUBDIVISION PER OR
4256 PG 742 OR 9352 PG 2710
{ 03-26-21-0010-05400-0000 37336 Neighbors Path ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 55
WEST 159.25 FT OF EAST 318.50 FT OF TRACT 54 IN
SECTION 3 SUBJECT TO &TOGETHER WITH NON-
EXCLUSIVEINGRESS & EGRESS UTILITY EASEMENT
OVER &ACROSS NORTH 35.00 FT OF TRACT 54 LESS
& EXC EAST 159.25 FT THEREOF AKA LOT 3 CHEL-
MARIE PLACECLASS IIIE SUBDIVISION PER OR 4194
PG 682 OR 9281 PG 572 OR 9302 PG 2010
03-26-21-0010-05400-0010 37318 Neighbors Path ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 54
NORTH 1/2 OF TRACT 54 IN SECTION 3 LESS & EXC
EAST 318.50 FT THEREOF SUBJECT TO A PERPETUAL
R/WEASEMENT OVER &ACROSS WEST 5.00 FT
THEREOF & SUBJECT TO A UTILITY EASEMENT OVER
&ACROSS EAST 15.00 FT OF WEST 20.00 FT
THEREOF &SUBJECT TOA NON-EXCLUSIVE INGRESS
& EGRESS UTILITY EASEMENT OVER &ACROSS
NORTH 35.00 FT THERE OF AKA LOT 1 CHEL-MARIE
OR BK 9497 PG 3890
4 of 4
PLACE CLASS IIIE SUBDIVISION PEROR 4194 PG 682
OR 4304 PG 1989
03-26-21-0010-05400-0020 Physical Address N/A ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 55
SOUTH 1/2 OF TRACT 54 LESS & EXC EAST 318.50
FT THEREOF SUBJECT TO PERPETUAL RIGHT OF
WAYEASEMENT OVER &ACROSS WEST 5.00 FT
THEREOF & SUBJECT TO UTILITY EASEMENT OVER &
ACROSS EAST 15.00 FT OF WEST 20.00 FT THEREOF
AKA LOT 2 CHEL-MARIEPLACE CLASS IIIE
SUBDIVISION PER OR 4194 PG 682 OR 4199 PG
1125
03-26-21-0010-05900-0010 37241 Fountain Road ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 55
jl PORTION OF TRACT 59 IN SECTION 3 DESC AS
TRACT 59 LESS & EXC EAST 477.75 FT THEREOF
SUBJECT TOPERPETUAL RIGHT-OF-WAY EASE- MENT
OVER &ACROSS WEST 5.00 FT THEREOF & OVER &
ACROSS SOUTH 5.00 FT THEREOF &SUBJ TO
UTILITY EASEMENT OVER &ACROSS EAST 15.00 FT
OF WEST 20.00 FT THEREOF &SUBJECT TO A
UTILITY EASEMENT OVER &ACROSS NORTH 15.00
FT OF SOUTH 20.00 FT THEREOF AKA LOT 1AMANDA
WOODS CLASS III E PER OR 4194 PG 694 OR 4207
PG 1855
03-26-21-0010-05900-0030 37329 Fountain Road ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 55
WEST 159.25 FT OF EAST 318.50 FT OF TRACT 59 IN
SECTION 3 SUBJECT TO A PERPETUAL RIGHT-OF-
WAY EASE-MENT OVER &ACROSS THE SOUTH 5.00
FT THEREOF & SUBJECT TO UTILITY EASEMENT OVER
NORTH 15.00 FT OF SOUTH 20.00 FT THEREOF AKA
LOT 3 AMANDA WOODSCLASS IIIE SUBDIVISION
PER OR 4194 PG 694 OR 4022 PG 1339
03-26-21-0010-05900-0040 37345 Fountain Road ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 55
EAST 159.25 FT OF TRACT 59 IN SECTION 3
SUBJECT TO PERPETUAL RIGHT OF WAY EASEMENT
OVER &ACROSSSOUTH 5.00 FT THEREOF & SUBJ TO
UTILITY EASEMENT OVER &ACROSS NORTH 15.00
FT OF SOUTH 20.00 FT THEREOF SUBJECT TO
UTILITY EASEMENT OVER &ACROSSEAST•10.00 FT
THEREOF AKA LOT 4 AMANDA WOODS CLASS IIIE
SUB PER OR 4194 PG 694 OR 7899 PG 974
03-26-21-0010-04400-0000 37409 Neighbors Path ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 55
WEST 484.50 FT OF TRACT 44 IN SECTION 3 LESS
WEST 161.5 FT AND LESS EAST 161.5 FT THEREOF
SUBJECT TO WITHLACOOCHEE RIVER ELECTRIC
ESTIMATE OVER WEST 10 FT THEREOF PER OR 4224
PG 1390 AND SUBJECT TO AND TOGETHER WITH
EASEMENT PER OR 5488 PG 1320 OR 5488 PG 1320
ii