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Home My WebLink About874-04 Land Use and Rezoning for Adams/Meyer I ,;, s ) 111,1 ,!lt.11I 111f1� !j 2049407729E AT THE REQUEST OF THE ENTIRE CITY COUNCIL Rcpt ' 777818 Rec. 15.00 DS. 0.00 IT. 0.00 ORDINANCE NO.: 874-04 04,2844 op.,, cit k 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 A3 HEREINAFTER DESCRIBED FROM COUNTY FUTUREcvL LAND USE MAP DESIGNATION ROR (RETAIL, OFFICE, RESIDENTIAL) TO CITY FUTURE LAND USE MAP 00(Der DESIGNATION MU (MIXED USE), CONSISTENT WITH = `' ri THE GOALS, OBJECTIVES, AND POLICIES OF THE ADOPTED COMPREHENSIVE PLAN, AS REQUIRED BY THE GROWTH MANAGEMENT ACT OF 1985; O, AMENDING THE ZEPHYRHILLS LAND DEVELOPMENT mow: CODE TO CHANGE THE ZONING ON LAND HEREINAFTER DESCRIBED FROM COUNTY ZONING CATEGORY R-1 (LOW DENSITY RESIDENTIAL) 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. (ADAMS/MEYER PROPERTY) WHEREAS, Gilbert L. and Lynn F. Adams and Diane Tyre Meyer, the owners of land hereinafter described in Section 2 below, did petition on the 4th day of December, 2003 for 111 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 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 111 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 k-4.4.2 designation and C2 (Community Commercial) zoning category would be appropriate, would ? 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 t.N ;,k 5829 PC 142 2 of 3 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 COMPOSITE EXHIBIT "A"ATTACHED HERETO PARCEL I.D. NOS.: 02-26-21-0010-02600-0012 and 02-26-21-0010-03900-0010 .73 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. 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 foregoing Ordinance No. 874-04 was read and passed on the first reading in an open and regular meeting of the City Council of the City of Zephyrhills, Florida, this 12th day of April, 2004. AT'& .-------Attest: I��--' Linda D. Boan, City Clerk Lan A mith, ouncil President f The foregoing Ordinance No. 874-04 was read and passed, following a public hearing, on the second reading in an open and regular meeting of the City Council of the City of Zephyrhills, Florida,this 26th(day of April, 2004. J Z e �� L Attest: ale;74.4.. .��) 1 i� Linda D. Boan, City Clerk Cl e C. Bracknell, Council President r r The foregoing Ordinance No. 874-04 was approved by me this 26th day of April, 2004. e i AA r- I ' . W. Cliff /1,10u ie, M.0 $ Approved/as to legal fo . • legal contentI vi l (lit, �/ Karla S. Owens, City Attorney 6K 5829 FG 143 3 of 3 Ordinance 874-04 111 EXHIBIT "A" Legal Description 02 26 21 0010 02600 0012 Assessed in Section 02, Township 26 South, Range 21 East Pasco County, Florida ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 55 THE NORTH 105 FT OF THE WEST 112 FT OF TRACT 26 SUBJECT TO EASEMENT OVER & ACROSS THE NORTH 16 FT & TOGETHER WITH EASEMENT DESC IN OR 835 PG 769 OR 1827 PG 914 Legal Description 02 26 21 0010 03900 0010 Assessed in Section 02, Township 26 South, Range 21 East Pasco County, Florida ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 55 NORTH 60 FT OF WEST 337.32 FT OF TRACT 39 TOGETHER WITH EASEMENT FOR INGRESS & EGRESS OVER NORTH 15 FT OF TRACT 39 LESS WEST 337.32 FT THEREOF SUBJECT TO AN EASEMENT OVER THE EAST 15.00 FT OF WEST 146.00 FT OF NORTH 60.00 FT OF TRACT 39 PER OR 4292 PG 417 OR 1622 PG 1583