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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 3 of 4 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