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HomeMy WebLinkAbout872-04 Land Use and Rezoning for Hurlburt 1141411100.B141111111 2004077204 AT THE REQUEST OF THE ENTIRE CITY COUNCIL Rcpt: 777318 Rec: 10.50 ORDINANCE NO.: 872-04 ' DS: 0.00 I T: 0.00 04/28/04 Dpty Clark AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, r FLORIDA APPROVING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT TO THE CITY'S xz COMPREHENSIVE PLAN; CHANGING THE FUTURE • LAND USE MAP DESIGNATION FOR THE TERRITORY 101@� HEREINAFTER DESCRIBED FROM COUNTY FUTURE 00.t LAND USE MAP DESIGNATION ROR (RETAIL, OFFICE, RESIDENTIAL) TO CITY FUTURE LAND USE MAP DESIGNATION MU (MIXED USE), CONSISTENT WITH ; ci �^ THE GOALS, OBJECTIVES, AND POLICIES OF THE ADOPTED COMPREHENSIVE PLAN, AS REQUIRED BY o THE GROWTH MANAGEMENT ACT OF 1985; AMENDING THE ZEPHYRHILLS LAND DEVELOPMENT "'R 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. (HURLBURT PROPERTY) WHEREAS, Terry L. Hurlburt and Patricia S. Hurlburt, the owners of land hereinafter described in Section 2 below, did petition on the 13th day of January, 2004 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 of the City on April 26,2004; and WHEREAS, the City Council of Zephyrhills, Florida, 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 owner, 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 Chapters 166 and 163, Florida Statutes, to 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 FLUM amendment and rezoning was given by the City Council on April 15 and April 22, 2004, 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 March 9, 2004 to consider said proposed FLUM amendment and rezoning; and WHEREAS, 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 which shall pertain to said land; and WHEREAS, the City Council has determined that the Mixed Use (MU) Future Land Use Map designation and C2 (Community Commercial) zoning category would be appropriate, would ., •a promote the general welfare, and encourage proper development within the City. • Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33542 OR Lig; 5829 FG 137 2 of 2 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: SEE EXHIBIT"A"ATTACHED HERETO PARCEL I.D. NO.: 03-26-21-0020-00000-0022 .62 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 condition: 1. The existing outdoor advertising structure shall be removed at the expense of the property owner on or before December 31, 2004, or within thirty (30) days of the expiration of the subsequent lease extension. In order to extend the lease term beyond December 31, 2004, a copy of the subsequent lease extension must be provided to the City within thirty(30) days of the adoption of this ordinance. 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 fore%gingt(Oikliriance No. 872-04 was read and passed on the first reading in an open and regularineeting of the City Council of the City of Zephyrhills, Florida, this 12th day of April, 2004:_''.,-. Attest 9/ 6-1--✓ i,,_ — ` -Linda D. Boan, City`Clerk Lanc- ' . smith;-Council President _ ^l c, The foregoing Ordinance No. 872-04 was read and passed, following a public hearing, on the second teatzlingr, in an open and regular meeting of the City Council of the City of Zephyrhills, F1orjd2,this'26t.day�gf April,2004. Attest: - ),6=-1-6,.) ( /1,...,„Le,/ LindaD..Boan, City Clerk C?,,/ C. Bracknell, Council President _ The fpxegoing brdinarice No. 872-04 was approved by me this 26th day of April, 2004. , / `", ,i,:,,,___ W. Cliff ) or uffie, Ma f Appr/4 -ill: dff to legal •rm and legal content 1 Karla S. Owens, City Attorney