HomeMy WebLinkAbout832-02 Change Land Use Map and Rezone for Ordinance 820 – 831 ,
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ORDINANCE NO.: 832-02 i ii eJw ' 3 P ► $ ;
20021995858
AN ORDINANCE OF THE CITY OF
ZEPHYRHILLS, FLORIDA, A MUNICIPAL
CORPORATION, APPROVING A SMALL SCALE
FUTURE LAND USE MAP AMENDMENT TO THE
CITY'S COMPREHENSIVE PLAN, ADOPTING Du)
THE FUTURE LAND USE CLASSIFICATION OF
RESIDENTIAL SUBURBAN; RESIDENTIAL
URBAN AND MIXED USE FOR THE
TERRITORIES HEREINAFTER: DESCRIBED -`
CONSISTENT WITH THE GOALS, OBJECTIVES, 9
AND POLICIES OF THE ADOPTED .
COMPREHENSIVE PLAN AS REQUIRED BY THE
GROWTH MANAGEMENT ACT OF 1985; AND 1 ;
AMENDING ZONING ORDINANCE NO.: 519 SO
AS TO INCLUDE C2; R3 AND OP ZONING OF
THE TERRITORIES HEREINAFTER DESCRIBED
IN ACCORDANCE WITH THE PROVISIONS OF I Y:�
rA
CHAPTER 166.041, FLORIDA STATUTES; Ey
PROVIDING FOR CODIFICATION; PROVIDING I s3
FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN m`
EFFECTIVE DATE.
i ,�Q
WHEREAS, Aevin J. Bahr and Cornell L David, are the owners of lands kc;'',K
hereinafter described in Section 1, and pursuant to an interlocal agreement entered into z
with Pasco County,Florida,are being annexed within the corporate boundaries of the City
of Zephyrhills, as they are properties that have.created an enclave, therefore the Future
Land Use Map designation and zoning of the below described lands are hereby being
changed;
WHEREAS, Richard F. Baugniet and Sally R. Baugniet, as Trustees of the
Baugniet Joint Revocable Trust, are the owners of lands hereinafter described in Section
2, and pursuant to an interlocal agreement entered into with Pasco County, Florida, are
being annexed within the corporate boundaries of the City of Zephyrhills, as they are
properties that have created an enclave,therefore the Future Land Use Map designation and
zoning of the below described lands are hereby being changed;
WHEREAS,the Estate of Leland F Danhausen,is the ov,`ner of lands hereinafter
described in Section 3, and pursuant to an interlocal agreement entered into with Pasco
County, Florida, are being annexed within the corporate boundaries of the City of
Zephyrhills, as they are properties that have created an enclave,therefore the Future Land
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Use Map designation and zoning of the below described lands are hereby being changed;
WHEREAS, Cool Stream Holding Trust, is the owner of lands hereinafter
described in Section 4, and pursuant to an interlocal agreement entered into with Pasco
County, Florida, are being annexed within the corporate boundaries of the City of
Zephyrhills, as they are properties that have created an enclave,therefore the Future Land
Record and Return to:
City Clerk's Office
5335 8th Street •
Zephyrhills, FL 33540
OR BK 1
01 8
Use Map designation and zoning of the below described lands are hereby being changed;
WHEREAS,Lawrence A.Kieper and Patricia C.Kieper, his wife, are the owners
of lands hereinafter described in Section 5, and pursuant to an interlocal agreement entered
into with Pasco County,Florida, are being annexed within the corporate boundaries of the
City of Zephyrhills,as they are properties that have created an enclave,therefore the Future
Land Use Map designation and zoning of the below described lands are hereby being
changed;
WHEREAS,Lois R.Linville,is the owner of lands hereinafter described in Section
6, and pursuant to an interlocal agreement entered into with Pasco County;/Florida, are
being annexed within the corporate boundaries of the City of Zephyrhills, as they are
properties that have created an enclaveAerefore the Future Land Use Map designation and
zoning of the below described lands are hereby being changed;
WHEREAS,Pasco County, is the owner of lands hereinafter described in Section
7, and pursuant to an interlocal agreement entered into with Pasco County, Florida, are
being annexed within the corporate boundaries of the City of Zephyrhills, as they are
properties that have created an enclave,therefore the Future Land Use Map designation and
zoning of the below described lands are hereby being changed;
WHEREAS,David H. Payson and Suzanne M. Sanville, are the owners of lands
hereinafter described in Section 8, and pursuant to an interlocal agreement entered into
with Pasco County,Florida,are being annexed within the corporate boundaries of the City
of Zephyrhills, as they are properties that have created an enclave, therefore the Future
Land Use Map designation and zoning of the below described lands are hereby being
changed;
WHEREAS,Steven R.Pressley and Annette Pressley, his wife, are the owners of
lands hereinafter described in Section 9, and pursuant to an interlocal agreement entered
into with Pasco County,Florida,are being annexed within the corporate boundaries of the
City of Zephyrhills,as they are properties that have created an enclave,therefore the Future
Land Use Map designation and zoning of the below described lands are hereby being
changed;
WHEREAS,Suburban Propane,L.P., is the owner of lands hereinafter described
in Section 10, and pursuant to an interlocal agreement entered into with Pasco County,
Florida, are being annexed within the corporate boundaries of the City of Zephyrhills, as
they are properties that have created an enclave, therefore the Future Land Use Map
designation and zoning of the below described lands are hereby being changed;
WHEREAS,Sylvia Tadlock,is the owner of lands hereinafter described in Section
11, and pursuant to an interlocal agreement entered into with Pasco County, Florida, are
being annexed within the corporate boundaries of the City of Zephyrhills, as they are
properties that have created an enclave,therefore the Future Land Use Map designation and
zoning of the below described lands are hereby being changed;
WHEREAS, Clarence W. Wallner and Mary E. Tims, are the owners of lands
hereinafter described in Section 12, and pursuant to an interlocal agreement entered into
with Pasco County,Florida, are being annexed within the corporate boundaries of the City
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OR a I3 Pc; 7
of Zephyrhills, as they are properties that have created an enclave, therefore the Future
Land Use Map designation and zoning of the below described lands are hereby being
changed;
WHEREAS, the Planning Commission sitting as the local planning agency, did,
pursuant to Chapter 163.3174,Florida Statutes, hold a public hearing on June 4, 2002 to
consider said proposed Future Land Use Map designation and rezoning; and
WHEREAS,the City Council of the City of Zephyrhills approved the annexation
of said lands within the corporate limits of the City of Zephyrhills on July 8, 2002; and
- - WHEREAS,the City Council of the City of Zephyrhills agrees to.a formal adoption
of a small scale amendment to the Future Land Use Map (FLUM) of the Zephyrhills'
Comprehensive Plan to designate the hereinafter described real property, consistent with
all comprehensive plan goals, objectives and policies which shall pertain and be applicable
to said land; and
WHEREAS, the City Council of the City of Zephyrhills agrees to formal adoption
of the rezoning to designate the hereinafter described real property.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of
Zephyrhills, Florida, as follows:
SECTION 1: That the following described lands,lying and being situate in Pasco
County, to-wit;
10-26-21-0010-06400-0070(Bahr)
Commence at the SE corner of Tract 64,in Section 10,Township 26 South,Range 21 East,
ZEPHYRHILLS COLONY COMPANY LANDS,as per plat thereof recorded in Nat Book
1,page 55,Public Records of Pasco County,Florida,thence North 110 feet to the Point of
Beginning; thence North 148 feet; thence West to the West line of said Tract 64; thence
South 148 feet;thence East to the Point of Beginning,LESS the West 175 feet thereof,and
LESS the following described parcel: Commence at the SE corner of Tract 64
ZEPHYRHILLS COLONY COMPANY LANDS, in Section 10, Township 26 South,
Range 21 East, as per plat thereof recorded in Plat Book 1, page 55, Public Records of
Pasco County, Florida,run North 110 feet along the East line of said Tract 64 for a Point
of Beginning, thence run West 147.59 feet parallel with the South line of said Tract 64,
thence Southeasterly 147.61 feet to a point on the East line of said Tract 64, said point
lying 35.75 feet North of the Point of Beginning; thence South 35.75 feet along the East
line of said Tract 64 to the Point of Beginning.
SECTION 2: That the following described lands, lying and being situate in Pasco
County, to-wit;
Parcel 1: (Baugniet)
02-26-21-0010-02600-0010
The West 136 feet of Tract 26, in Section 2, Township 26 South, Range 21 East,
ZEPHYRHILLS COLONY COMPANY LANDS, as per map or plat thereof recorded in
Plat Book 1,page 55,Public Records of Pasco County, Florida. LESS the North 165 feet
of the West 112.00 feet thereof.
Parcel 2:(Baugniet)
02-26-21-0010-02500-0041
The East 30.00 feet of the North 165.00 feet of Tract 25, in Section 2,Township 26 South,
Range 21 East,ZEPHYRHILLS COLONY COMPANY LANDS,as recorded in Plat Book
1,page 55, Public Records of Pasco County,Florida.
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OR BK 5173 PG 974
4 of 8
Parcel 3:(Baugniet)
02-26-21-0010-04000-0020
Begin at the Northwest corner of Tract 40 of the ZEPHYRHILLS COLONY COMPANY
LANDS, as per plat recorded in Plat Book 1, page 55, Public Records of Pasco County,
Florida,being in Section 2,Township 26 South,Range 21 East,thence run East 537.35.feet
for a Point of Beginning, thence continue East 119 feet to the Northeast corner of said
Tract 40; thence South 60 feet; thence West 119 feet to a point 60 feet South of the Point
of Beginning, thence North 60 feet to the Point of Beginning.
SECTION 3: That the following described lands, lying and being situate in Pasco•.
County,to-wit; '
10-26-21-0010-06400-0040-(Danhausen)
The West 161 feet of the South 104 feet of Tract 64, in Section 10, Township 26 South,
Range 21 East, as per plat thereof of ZEPHYRHILLS COLONY COMPANY LANDS,
recorded in Plat Book 1,page 55, Public Records of Pasco County,Florida.
SECTION 4: That the following described lands, lying and being situate in Pasco
County, to-wit;
03-26-21-0010-08100-0000-(Cool Stream)
All that part of Tract 81 lying East of the right of way of U.S. Highway#301, in Section
3,Township 26 South,Range 21 East,ZEPHYRHILLS COLONY COMPANY LANDS,
according to map or plat thereof recorded in Plat Book 1,page 55,Public Records of Pasco
County, Florida.
Together with that portion of the alley showing on said plat lying East of same, said alley
having been closed and vacated by Resolution of the Board of County Commissioners of
Pasco County, Florida, dated April 27, 1971 and recorded in Official Record Book 541,
Page 128, Public Records of Pasco County, Florida.
SECTION 5: That the following described lands, lying and being situate in Pasco
County, to-wit;
03-26-21-0010-09600-0020-(Kieper)
The North 1/2 of Tract 96, ZEPHYRHILLS COLONY COMPANY LANDS, in Section
3,Township 26 South,Range 21 East,as per plat thereof recorded in Plat Book 1,page 55,
Public Records of Pasco County,Florida, lying East of the S.A.L. Railroad and U.S. 301,
also including a 15 foot wide alley on the East side of the North 1/2 of Tract 96, as
described herein and as per board Minute Book 25, Pages 659-660.
SECTION 6: That the following described lands,lying and being situate in Pasco
County, to-wit;
Parcel 1(Linville)
02-26-21-0010-05500-0020
The East 1/4 of Tracts 55 and 58 of ZEPHYRHILLS COLONY COMPANY, lying-in
Section 2 , Township 26 South, Range 21 East, and recorded in Plat Book 1, page 55,
Public Records of Pasco County.
Parcel 2(Linville)
02-26-21-0010-05900-0010
The East 175.00 feet of the West 340.00 feet of the South 250.00 feet of Tract 59 of
ZEPHYRHILLS COLONY COMPANY, lying in Section 2 ,Township 26 South, Range
21 East, and recorded in Plat Book 1,page 55, Public Records of Pasco County.
Parcel 3(Linville)
02-26-21-0010-05900-0020
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oza 8K 5173 975
J t:t 6
The East 145.00 feet of the West 165.00 feet of Tract 59 of ZEPHYRHILLS COLONY
COMPANY, lying in Section 2 , Township 26 South,Range 21 East, and recorded in Plat
Book 1,page 55,Public Records of Pasco County. LESS and EXCEPT road Right-of-Way
for State Road 54.
SECTION 7: That the following described lands,lying and being situate in Pasco
County, to-wit;
10-26-21-0010-06400-0061(Pasco)
The East 14 feet of the West 175 feet of the South 2/5th, less the North 160 feet thereof of
Tract 64, being in Section 10, Township 26 South, Range 21 East, ZEPHYRHILLS
COLONY COMPANY LANDS, as per plat thereof recorded in Plat Book 1, page 55,
Public Records of Pasco County, Florida.
SECTION 8: That the following described lands, lying and being situate in Pasco
County, to-wit;
10-26-21-0010-06400-0050(Payson)
The North 55 feet of the North 120 feet of the West 175 feet of the South 2/5ths of Tract
64, in Section 10, Township 26 South, Range 21 East, as per plat thereof of
ZEPHYRHILLS COLONY COMPANY LANDS,recorded in Plat Book 1,page 55,Public
Records of Pasco County, Florida. TOGETHER with an easement over the East 14 feet
of the South 215 feet of the West 175 feet of said Tract 64.
and
The South 105 feet of the North 160 feet of the West 175 feet of the South 2/5ths of Tract
64, in Section 10, Township 26 South, Range 21 East, as per plat thereof of
ZEPHYRHILLS COLONY COMPANY LANDS,recorded in Plat Book 1,page 55,Public
Records of Pasco County,Florida.LESS the South 6.00 feet of the West 161 feet thereof;
SUBJECT to an Easement over the East 14 feet thereof; TOGETHER with an easement
over the East 14, the South 145 feet of the West 175 feet of the South 2/5ths of Tract 64,
in Section 10,Township 26 South,Range 21 East,ZEPHYRHILLS:COLONY COMPANY
LANDS, as per map or plat thereof recorded in Plat Book 1, page 55, Public Records of
Pasco County, Florida.
10-26-21-0010-06400-0060(Payson)
The South 6.00 feet of the North 160.00 feet of the West 161.00 feet of the South 2/5ths
of Tract 64, in Section 10, Township 26 South, Range 21 East, as per map or plat of the
ZEPHYRHILLS COLONY COMPANY LANDS, as the same is recorded in Plat Book 1,
page 55, Public Records of Pasco County,Florida.
SECTION 9: That the following described lands, lying and being situate in Pasco
County, to-wit;
02-26-21-0040-00B00-0220(Pressley)
Lots 22 to 26,both inclusive of Block B, OAK PARK ADDITION TO ZEPHYRHILLS,
as per map or plat thereof recorded in Plat book 3,page 53, of the Public Records of Pasco
County,Florida,AND ALSO the following described land: Begin at the Southeast corner
of Lot 26, Block B, OAK PARK, a subdivision in Section 2, Township 26 South, Range
21 East, and thence run East 50 feet, thence North 120 feet, thence West 50 feet,thence
South 120 feet to the Point of Beginning. LESS and EXCEPT the following: The West 30
feet of the South 145 feet of the Southeast 1/4 of the Southeast 1/4 of Section 2,Township
26 South, Range 21 East, LESS and EXCEPT the South 33 feet for right-of-way.
SECTION 10: That the following described lands,lying and being situate in Pasco
County, to-wit;
02-26-21-0010-02400-0010(Suburban)
The North 2/5 of Tract 24 of ZEPHYRHILLS COLONY COMPANY, lying in Section
2, Township 26 South, Range 21 East, and recorded in Plat Book 1, page 55, Public
Records of Pasco County.
LESS and EXCEPT road Right-of-Way for State Road 54.
OR 13K 1..73 pc 976
6 of a
SECTION 11: That the following described lands,lying and being situate in Pasco
County, to-wit;
10-26-21-0010-06400-0090(Tadlock)
That portion of Tract 64,ZEPHYRHILLS COLONY COMPANY LANDS in Section 10,
Township 26 South, Range 21 East, as per plat thereof recorded in Plat Book 1, page 55,
Public Records of Pasco County,Florida,being described as follows: Commencing at the
SE corner of Tract 64, run North 110 feet along the East line of said Tract 64 for a Point
of Beginning; thence run West 147.59 feet parallel with the South line of said Tract 64;
thence North 40.25 feet parallel with the East line of said Tract 64; thence Southeasterly
147.61 feet to a point on the East line of said Tract 64; said point lying 35.75 feet North
of the Point of Beginning; thence South 35.75 feet along the East line of said Tract 64 to
the Point of Beginning.
SECTION 12: That the following described lands,lying and being situate in Pasco
County, to-wit;
10-26-21-0010-06400-0080(Wallner)
From the SE corner of Tract 64 as a Point of Beginning, run thence Westerly along the
South line of Tract 64, a distance of 146.65 feet; thence run Northerly parallel to the East
line of Tract 64, a distance of 110 feet, thence run Easterly parallel to the South line of
Tract 64 a distance of 146.65 feet, thence run South 110 feet to the Point of Beginning,
being in Section 10, Township 26 South, Range 21 East, ZEPHYRHILLS COLONY
COMPANY LANDS, as per plat thereof recorded in Plat Book 1,page 55, Public Records
of Pasco County, Florida.
SECTION 13:That said lands are contiguous to the present city limits of the City
of Zephyrhills. That said lands are now unincorporated and lie in the same county as said
city, and when annexed,would form a compact addition to the incorporated territory of the
City of Zephyrhills. That pursuant to an interlocal agreement entered into with Pasco
County, Florida, said lands are being annexed within the corporate boundaries of the City
of Zephyrhills, as they are properties that have created an enclave and the City Council of
the City of Zephyrhills does hereby approve the annexation for said annexation duly
expressed by Ordinance.
SECTION 14: That the City Council of the City of Zephyrhills,Florida,has been
given authority by legislature of the State of Florida under Chapter 69-139, Laws of
Florida, 1969, to zone territorial boundaries with the approval of the City Council of the
City of Zephyrhills of said zoning duly expressed by Ordinance.
SECTION 15: That the City Council of the City of Zephyrhills is of the opinion
that the mixed use Future Land Use designation, for the properties described in Sections
2, 4, 5, 6 and 10 would promote the general welfare and encourage proper development
within the City.
SECTION 16: That the City Council of the City of Zephyrhills is of the opinion
that the residential urban Future Land Use designation, for the properties described in
Sections 1, 3, 7, 8, 11 and 12 would promote the general welfare and encourage proper
development within the City.
SECTION 17: That the City Council of the City of Zephyrhills is of the opinion
that the residential suburban Future Land Use designation, for the properties described in
Section 9 would promote the general welfare and encourage proper development within
the City.
BK 5173 Pu' 977
7 0„” 8
SECTION 18: That the City Council of the City of Zephyrhills is of the
opinion that C2 zoning for the lands described in Sections 2, 4, 5 and 10 would promote
the general welfare and encourage proper development within the City.
SECTION 19: That the City Council of the City of Zephyrhills is of the
opinion that R3 zoning for the lands described in Sections 1, 3, 7, 8, 9, 11 and 12 would
promote the general welfare and encourage proper development within the City.
SECTION 20: That the City Council of the City of Zephyrhills is of the
opinion that OP zoning for the lands described in Section 6, would promote the general
welfare and encourage proper development within the City. ., _ . _• ; .,
SECTION 21: That due public notice of hearing on such proposed zoning
was given by the City council of the City of Zephyrhills on November 14, 2002 and
November 21, 2002, as required by Chapter 166.041, Florida Statutes.
SECTION 22: That a public hearing on this proposed FLUM amendment
and zoning before the Zephyrhills' Planning Commission was held on June 4, 2002.
SECTION 23: That the Zephyrhills' Planning Commission recommended
approval of said FLUM amendment and zoning.
SECTION 24: That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed to the extent of such conflict.
SECTION 25: 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 26: This Ordinance shall become effective immediately upon its
passage.
SECTION 27:Barring appeal,the FLUM amendment shall take effect as provided
in Chapter 163.3187, Florida Statutes.
The foregoing Ordinance No. 832.02 was read and passed on its first reading in
open and regula;; eetmg by the City Council of the City of Zephyrhills, Florida, on this
oZ� qday of-Qdiu_-
, AD , 20021
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I c, ,,*4. CLE C. BRACKNELL
-4 , _ "-,";,ler�" : ' 1 Pre dent of City Council
- A4:647"
Atisst:
(so City Clerk, LleDA D. BOAN
The foregoing Ordinance No.: 832.02 was read and passed on its second reading
in open and regular meeting by the City Council of the City of Zephyrhills,Florida, on this
ASS' day of ,v 'ir► -6-€l✓ , A.D., 2002.
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= C E C. BRACKNELL
- ••! resident of City Council
A�est: ger,, :9-
OCA/ Opo
City Clerk, LINDA D. BOAN i
:3R BK 5173 p. 978
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ORDINANCE NO.:832.02
IE
The foregoing Ordinance No.: 832-02 was approved by me this a ' day of
' I ' , A.D., 2002.
("5-(2/A '- '
W. CLIF Pi el/ FFIY Iay`or