HomeMy WebLinkAbout1325-17 Pasco Business Center Rezoning and FLUMA 1111111111111111111111111111111111111111111111111111111111
2017022243
ORDINANCE NO. 1325-17
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 I, AND AMENDING THE ZONING FROM COUNTY Cl TO CITY
LI, FOR PARCEL 01-26-21-0010-05700-0000 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 beengiven authority by the State of Florida ursuant to
P
Chapter 163 and 166, Florida Statutes, to rezone property within the City Limits uponreceipt,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 LI zoning category would'be appropriate,
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.
SECTION 2: The following described lands, lying and being situated in Pasco County,to wit
Parcel Id No.: 01-26-21-0010-05700-0000 'Rcpt:1838856 Rec: 137.50
DS: 0.00 IT: 0.00
Physical Address: 39005 County Road 54 02/17/2017 E. M. , Dpty Clerk
Legal Description: ZEPHYRHILLS COLONY LANDS PB 1 PG 55 TRACT 57 LESS THE
NORTH 80 FT OF WEST 160 FT OF TR 57 & LESS & EXCEPT ROAD R/W OR 5735 PG
1999 PAULA S.0'NEIL,Ph.D.PASCO CLERK & COMPTROLLER
02/17/2017 04:05 m 1 of 16
3.82 acres M.O.L. OR BK 949 PG Z6
the Future Land Use Map designation R9 and is hereby rezoned I and included within the
boundaries of the City of Zephyrhills, Florida.
The attached Exhibit A indicates the original zoning prior to said property being annexed into the
City of Zephyrhills (as developed under the C-2 zoning district in Pasco County) serves to ensure
said uses within the C-2 zoning may operate in perpetuity while within the jurisdictional
boundaries of the City of Zephyrhills. Further, the official City of Zephyrhills zoning district
assigned to said property shall be Light Industrial (LI) and the property owner shall enjoy the
uses allowed under such zoning designation in addition to the provisions within the County
designation of C-2).
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33542 if
OR BK 9498 PG 27
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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,
FloridaStatjités.
The f � oin Ordinance,No. 1325-17 was read and passed on the first reading in an open and
regul�rl et .fgdf�,the City Council of the City of Zephyrhills, Florida, on this 23rd day of
Jarty?ary, 2017 •.. e-
test: `} ≤
rr_L illoran, City Clerk Kenneth V. Compton, Council President
oi
The f�tegging Q ance No. 1325-17 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 13th day of February, 2017.
V
Lori L. Hillrfi - City Clerk Kenneth V. Compton, Council President
'The=-f, ioiiOrdiñan4e No. 1325-17 was approved by me this 13th day of February, 2017.
• • IGee Whitfield, yor
Approved as to legal form and legal content
Matthew E. Magg ,i&y Attorney
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OR BK 9498 PG 28
r f EXHIBIT A 3 of 16
PASCCO COUNTY9 FLORIDA
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' , . Zoning Division
13852 17th St.
Dade City, Fl. 33525
(352)521-5144
Date Ri 2a /
To Whom It May Concern:
The property located at C5 1 kf &O 'co
Parcel ID# Ol - 57 - `
is located in the. . • zoning district.
Attached please, find information regarding that zoning
district.
If you have any questions regarding this matter please
do not hesitate to contact me at the above address and. .
phone number.
Sincerely,
v• Lee W. Millard
Development Review Technician III
0R BK 9498 PG 29
4 of 16
526. C-2 GENERAL COMilMEIs�CIIAL D0STR0CT
526.1 ?Ur pose
The purpose of the C-2 General Commercial District is to provide for the orderly
development of those uses necessary to meet the community and regional needs for general goods
and services as well as those of asocial,cultural,and civic nature; and to exclude uses not compatible
with such activities.
526.2 Permitted Uses
A. Principal Uses
1. Unless otherwise provided in this Code,all permitted and special exception
uses in the C-1 Neighborhood Commercial District, except adult entertainment activities and
conditional uses.
2. Automobile parts - new or secondhand, from enclosed buildings only, and
provided there is no outside display of parts or tires.
3. Automobile show and sales rooms, including display of automobiles for th'e
purpose of sale by dealer, provided that automobile show and sales rooms may have limited service
departments incidental thereto,provided such work is c4r-ied on altogether withinthe building. Open
display and storage of automobiles is permitted provided,however,that those automobiles for service
are within fenced areas as required in this Code.
4. Automobile and trailersales-used and immediately drivable,not including
wrecked cars.
5. Automobile washing, body, and painting - including steam cleaning in
enclosed buildings only.
6. Bakery stores- retail only. Baking permitted on premises.
7. Barbecue stands and pits.
8. Bicycle stores and repairshops-all repairs,storage,and displaysto be done
inside of building.
9. Amusement facilities.
lac/size 526-1
10/19199,
OR BK 9498 30
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10. Boat sales lot.
11. Bowling alleys within a building -shall not be located closer than 1,500 feet
to any residential district unless such building is so constructed as to preventthe emission of odors,
sounds, and/or vibrations.
12. Cabinet and carpentry shops - all storage and work to be done inside of
building.
13. Dancing halls or dancing academies-provided no alcoholic beverages of any
type are served. Shall not be located within 500feet of any residential district unless such building is
so constructed as to prevent the emission of odors, sound, and/or vibrations.
14. Dressed poultry and seafood stores-retail sales to be done inside of building.
15. Dry cleaning.
16. Electric appliances and fixture stores and repair shops- all repairs,storage,
and displays to be done inside of,building. .
17. Exterminating products-where the materials or ingredients are stored,mixed,
or packaged but not manufactured.
18. Food distribution, wholesale - provided no outside storage.
19. Garage or mechanical service- all work to be done inside of building.
20. Hat cleaning and blocking.
21. Hotels, motels, and condotels.
22. Kennels.
23. Laundries-hand and self-service.
24. Lawn mowers - rental, sales, and service- all repairs,storage, and displays
to be done inside of building.
25. Lumber yards.
26. Model home centers.
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27. Motorcycle sales and repairs.
---- Mortuaries or funeral homes including crematoriums.
Idc/1526 526-2 10/19/99
0R BI( 9498 PG 31
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29. Music,;radio,and television stores and repair shops-all repairs,storage,and
displays to be done inside of building.
30. Nurseries, plant.
31. Pawn shops.
32. Pet shops.
33. Plumber shops - materials to be stored in properly sight screened areas.
34. Pottery and statues - designed for yard ornaments,retail sales only.
35. Propane sales - retail only., not exceeding 20,000-gallon storage.
36. Secondhand stores - all sales and displays to be done inside of building.i
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37. Septic tank sales and installation business.
38. Shooting and archery ranges -indoors only.
39. Single-family unit which is accessory to a permitted commercial use and
located on the same lot.
40. Sign painting shops - all work to be done inside of building.
41. Sod sales.
42. Warehousing and general storage including sales and office.
43. Printing shops and publishing plants-(newspapers, periodicals, books, ak d
'related uses).
44. Residential treatment and care facilities.
45. Other uses which are similar or compatible to the permitted uses.
B. Accessory Uses
1. Accessory uses customarily incidental to a permitted use.
2. Signs in accordance with this Code.
526.3 Conditional Uses
A. The sale or consumption of alcoholic beverages within alcoholic beverage business
establishments as defined in this Code and as permitted under County,State,and Federal regulations
provided: .
Idc/1526 526-3 10/19/99
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OR BK 9498 i6 32
7 1. No such sale or consumption of alcoholic beverages may occur or be
conducted within 1,000 feet of any school, church,place of worship, or public parkas measured from
the structure used as a proprietor's place of business tothe nearest property line of the school,church,
place of worship, or public park.
2. The sale or consumption of alcoholic beverages complies with conditional
use standards set forth in this Code and has been approved by Pasco County Board of County
Commissioners.in accordance with said Section.
3. The premises or building in which the alcoholic beverage sales or '
consumption are to be conducted or occur shall not be used as an adult entertainment establishment.
B. Automobile towing services and connected storage of vehicles. All storage shall be
located to the rear of the building and must be adequatelybuffered or fenced from adjoining properties
and the street or right-of-way
g y pursuant to this Code. There shall be no outside display or sale of parts
or tires.
C. Transfer stations and recycling operations as defined in Article 200 of this Code
provided:
1. Transferof petroleum products or similar materials are specifically prohibited.
2. Cardboard may be compressed, cans and glass may be crushed, and
aluminum and copper may be cut. Batteries, however, shall be kept intact.
3. All machines, except hydraulic balers, shall be enclosed within a building.
4. All operations shall comply with requirements of this Code regarding buffering
of commercial and industrial districts. Any materials stored on the property must be baled, or in a
container, and shall not exceed the required buffer in height.
D. Amusement parks.
E. Automobile race tracks.
F. Medical waste disposal facilities.
G. Auction houses.
H. Flea markets.
'°°H526 526-4 10/19/99
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OR BK 9498 PG 33
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I. Drive-in theaters,
J. Construction and demolition debris dumps subject to all local, State, and Federal
regulations.
K. Yard trash disposal facilities.
L. Wastewater treatment plants, except when accessory to a development.
M. Helipad, provided that no such helipad be located closer than 1,000 feet from the
closest property line of a school that provides a curriculum of elementary or secondary academic
instruction, including kindergarten, elementary,junior high, or high schools.
N. Commercial marinas subject to the marina siting criteria set forth in the Pasco Coun,'ty
Comprehensive Plan.
O. Multifamily dwellings.
P. Mining and/or reclamation including, but not limited to,the mining or extraction of
limestone; clay; sand; natural gas; oil; and organic soils subject to all local, State, and Federal
regulations.
526.4 .Special Exception Uses
A. Travel trailer parks subject to the requirements set forth in the Supplemental
Regulations,Article 500,of this Code.
B. Public and private utility facilities,to include the following: County,State,or Federal
structures and uses; water pumping plants; transmission lines for gas, electric, and telephones, or
broadcasting or communication towers and facilities;and other conforming uses which do not cause
an undue nuisance or adversely affect existing structures, uses, and residents.
526.5 Performance Standards
All activities shall be in conformance with standards established by the County,State,arid
Federal government.
526.6 Area and Lot Width Regulations
A. General Commercial Stores
1. Minimum lot area, 15,000 square feet.
Idc/I526 526-5 10/19/99
f OR BK 9498 PG 34
2. Minimum lot width, 90 feet. `! of 16
526.7 Coverage Regulations
Lot Coverage: All buildings, including accessory buildings,shall not cover more than fifty
(50) percent of the lot.
526.8 Yard Regulations
A. The following minimum building line setbacks measured from property lines are
required in yard areas listed below unless otherwise specified:
1. Front-Twenty-five (25)feet.
2. Side-A:side yard depth of thirty (30)feet per side from residential districts,
no side yard shall be required where two (2) or more commercial districts or an industrial and
commercial district adjoin side to side;however,in no case shall common walls be permitted between
properties of separate ownership In the case of such a series of adjoining structures on lots of single
and separate ownership abutting and paralleling a public right-of-way,a passage of at leasttwenty(20)
feet in width shall be provided at grade level at intervals not more than 400 feet apart where required
for public access from adjacent residential areas or for the safety of the public.
3. Rear - Thirty (30) feet, when adjacent to residential districts. Adjacent ta. .
commercial or industrial districts, no rear yard shall be required.
B. Front setbacks shall be subject to Article 600 of this Code, if applicable.
526.9 Height Regulations
The maximum building height for commercial uses shall be sixty (60)feet.
526.10 Off-Street Parking Regulations
Off-street parking shall be provided in accordance with the Off-Street Parking Regulations,
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Article 600,of this Code.
526.11 Development Plan
A development plan shall be submitted in accordance with Article 300 of this Code.
Idc/I526 526-6 10/19/99;
OR BK 9498 PG 35
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525. C=1 N EMBORI�OO C® MfERCOAL ®DST RiCT
525.1 Purpose
The purpose of the C-1!Neighborhood Commercial District isto provide and require a unified
and organized arrangement of buildings,service,and parking areas together with adequate circulation
and open space, in a manner so as to provide and constitute an efficient, safe, convenient, and
attractive shopping area to serve,neighborhood shopping needs.
525.2 Permitted Uses
A. Principal Uses
1. Retail sales for local or neighborhood needs to the following limited extent
and when such business is conducted entirely within a building:
a. The sale of baked goods and pastries,candy and confectioneries,dairy
and ice cream, groceries and meats,fruit and vegetables.
b. The sale of books,magazines,newspapers,tobacco,drugs,gifts,and
stationery.
c. Eating places, lunchrooms,restaurants,cafeterias,and places for the .
sale and consumption of soft drinks,juices,and ice cream, but excluding places providing dancing or
entertainment.
d. Service establishments including barber and beauty shops, custom
tailor shops, laundry agencies, self-service laundries, shoe repair,dry cleaning, pressing or tailoring
shops,and florist retail outlets in which only nonexplosive and noninflammable solvents and materials
are used and where no work is done on the premises for retail outlets elsewhere.
2. Day-care centers.
3. Financial institutions and professional offices.
4. Public service facilities such as police and fire stations.
5. Essential service installations(as defined in Article 200 of this Code)essential
to the adequate distribution of service, provided it shall not include a business facility, repair facility,
storage of materials outside a structure,storage of a vehicle,or housing or_ uq arters for an installation
Idc/1525 525-1 10/19/99
OR BK � � FG
11 o 16 36
or repair crew. The installation shall be subject to approval with respect to-use, design, yard area;'
setback, and height.
6. Parking lots and parking garages.
7. Medical,dental,photographic,or similar laboratories,and clinics or hospitals
8. Radio and television broadcasting studios.
9. Other uses which are similar or compatible to the permitted uses.
10. Residential treatment and care facilities.
11. One single-family unitwhich is accessory to a permitted commercial use and;
located on the same lot.
12. Public buildings and public utility facilities to include the following:!
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government structures and uses, churches, civic organizations, day nurseries, and public schools.;
However, any public school located within 1,000 feet of a pre-existing alcoholic beverage business
establishment shall hereby waive its rights to object to the proximity of such business to the school.!
B. Accessory Uses
1. Accessory uses customarily incidental to a permitted principal use.
2. Signs in accordance with this Code.
525.3 Conditional Uses
A. The sale or consumption of alcoholic beverages within alcoholic beverage business;
establishments as defined in this Code and as permitted under County,State,and Federal regulations
provided:
1. No such sale or consumption of alcoholic beverages may occur or be
wnc�Ucted within 1,000 feet of any school,church,place of worship,or public park,as measured from.
tfihli ttiuci.tire used as a proprietor's place of business tothe nearest property line of the school,church,
place of worshfpn or public park. '
1 i
2. The sale or consumption of alcoholic beverages complies with conditional
use standards set forth in this Code and has been approved by the Pasco County Board of County
Con missioners in accordance with this Section
Idc11525 525-2 1 oI19/99�
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• OR BKi498Pc37
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3.' The premises or building in which the alcoholic beverage sales or
consumption are to be conducted or occur shall not be used as an adult entertainment establishment.
B. Medical waste subject
disposal osal facilities to the following
performance standards:
All activities shall be in conformance with standards established by the County, State,and Federal
government. Activities shall emit no obnoxious,toxic,or corrosive dust,dirty,fly ash,fumes,vapors,
or gases which can cause any damage to human health,to anima Is or vegetation, or to other forms
of property,or which can cause any soiling or staining ofpersons or property at any pointbeyond the
p p P p tYp Y
lot line of the use creating the emission; discharge no smoke of a consistency which will restrict the
passage of sunlight beyond the property line; emit any obnoxious odor perceptible beyond the lot
boundaries; produce no heat or glare perceptible beyond the lot boundary; produce no electromagneticradiation or radioactive emission injurious to human beings,animals,or vegetation (electromag-
netic radiation or radioactive emissions shall not be of any intensity that interferes with the use of any
other property); discharge of any untreated potentially dangerous effluent from operations into local
surface or subsurface drainage courses.
C. Helicopter landing pads,provided that no such landing pad be located closer than
1,000 feet from the closest property line of a school that provides a curriculum of elementary or
secondary academic instruction, including kindergarten, elementary,junior high, or high schools.;
525.4 Special Exception Uses
A. Vehicle service stations, repair garages, and washing uses provided:
1. No structure principal or accessory is located closer than thirty(30)feet t a
residential district.
2. No street entrance or exit for vehicles and no portion or equipment of such
• service station or other drive-in uses shall be located:
a. Within 200 feet of a street entrance or exit of any school, park, or
playground conducted for and attended by children.
b. Within 100 feet of any hospital, church, or library.
mcnszs 525-3 10/19/99
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OR BK 9498 PG 38
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c. Within seventy-five (75) feet of a lot in a" residential district as
established in this Article.
3. No canopy shall be closer than fifteen(15)feet of the right-of-way of any road
or street subject to Article 600 of this Code.
4. No pump'lisland shall be closer than twenty-five (25)feetof the right-of-way
of any road or street subject to Article 600 of this Code.
B. Establishments providing dancing or entertainment..
C. Animal hospital or veterinary clinic provided that any such use shall be conducted!
whollywithin a completely enclosed building;exceptforfenced kennel areas and further provided that
no such fenced kennel area shall be located closer than 1,500 feet to a residential district.
D. Public and private utility facilities,to include the following: County,State,or Federal
structures and uses; water pumping plants;transmission lines for gas, electric, and telephones, or
broadcasting or communication towers and facilities; and other conforming uses which do not cause 1
an undue nuisance or adversely affect existing structures, uses, and residents.
E. Miniwarehousing and storage units:
1. The development shall be limitedto dead storage only and excludes sales and! -
I
offices.
2. A landscaped strip,twenty(20)feetin width,shall be provided along all street
frontages and along borders where subject property abuts any residential zoning district.
3. Fencing shall be required aroundthe perimeter of the project; minimum six
(6) feet in height, either decorative concrete block or chain-link fence with slats or similar material.
4. All outdoor storage yards shall be screened from view of surrounding
rop„rties.
5. One (1) office space and living quarters for a manager shall be permitted.
F. Outdoor advertising signs.
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Iaonsze 525-4 10119/99
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OR SK
9
PG
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525.5 Area and Lot Width Regulations
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A. Neighborhood Commercial Stores:
1. Minimum lot area, 10,000 square feet.
2. Minimum lot width, 80 feet.
525.6 Coverage Regulations
A. Lot Coverage°
All buildings, including accessory buildings, shall not cover more than fifty (50)
percent of the lot.
525.7 Yard Regulations
A. Thefollowing minimum building line setbacks measured from the property linesare
required in yard areas listed below unless otherwise specified:.
1. Front-Twenty-five (25) feet.
2. Side-A side depth of thirty(30)feetper side from residential districts,no side
yard shall be required where two (2) or more commercial districts or an industrial and commercial
I �
district adjoin side by side; however,in no case shall common walls be permitted between properties
{
of separate ownership. In the case of such a series of adjoining structures on lots of single and
separate ownership abutting and"paralleling a public right-of-way,apassage of at least twenty(20)feet
I I;
in width shall be provided at grade levels at intervals not more than 400 feet apart where required for
public access from adjacent residential areas or for the safety of the public.
3. Rear - Thirty (30) feet, when adjacent to residential districts, adjacent t�
commercial or industrial districts; no rear yard shall be required.
B. Front setbacks shall be subject to Article 600 of this Code, if applicable.
525.8 Height Regulations
The maximum building height for commercial uses shall be thirty-five (35)feet.
525.9 Off-Street Parking
Off-street parking shall be supplied in accordance with the Off-Street Parking Regulations,
Article 600,of this Code.
Idc/1525 525-5
10/19/99
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0R 6K 9498 PG 40
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525.10 Performance Standards for Conditional Uses and Special Exceptions
All activities shall be in conformance with standards established by the County,State,and
Federal government.
525.11 Development Plan
Ir A development plan shall be submitted in accordance with Article 300 of this Code.
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Idc/1525 525-6
10/19/99
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OR BK 94,98 16 41
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