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Home My WebLink About788-01 Small Scale Comp Plan Amendment, Future Land Use & Rezoning for John s gg pl!il) ISI ! ORDINANCE NO 788-01 aI :1y�!a; ��l !I! AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, A MUNICIPAL CORPORATION, APPROVING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT TO THEG W0,00 I `n CITY'S COMPREHENSIVE PLAN, ADOPTING THE FUTURE LAND USE CLASSIFICATION OF �' Y MIXED USE FOR THE TERRITORY HEREINAFTER DESCRIBED CONSISTENT WITH THE GOALS, OBJECTIVES, AND POLICIES OF , • V lY Y THE ADOPTED COMPREHENSIVE PLAN AS REQUIRED BY THE GROWTH MANAGEMENT ACT OF 1985; AND AMENDING ZONING ORDINANCE NO.: 519 SO AS TO INCLUDE C2 ZONING OF THE TERRITORY HEREINAFTER DESCRIBED IN ACCORDANCE WITH THE :, PROVISIONS OF CHAPTER 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION;•' PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN • EFFECTIVE DATE. WHEREAS, Elizabeth A. John, Thomas A. John,Mary C John and Robert A. John, being the owner of land hereinafter described in Section 1 has requested Future Land } (,' Use Map designation and rezoning of the below described land; and I ` WHEREAS,the City Council of the City of Zephyrhills approves the annexation of said land within the corporate limits of the City of Zephyrhills on October 22, 2001; and WHEREAS, the Planning Commission sitting as the local planning agency, did, pursuant to Chapter 163.3174, Florida Statutes, hold a public hearing on October 2,2001 . to consider said proposed Future Land Use Map designation and rezoning; 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: SECTION1: That the following described lands, lying and being situate in Pasco County, to-wit; Record and Return to: :. City Clerk's Office tr. 5335 8th Street Zephyrhills,FL 33540 SJR BK 4756 PG 699 2 °i S A portion of S.A.L. Railroad described as follows: Commence at the Southwest corner of Lot 10 of LITTLE ACRES SUBDIVISION, as recorded in Plat Book 5, page 132, Public Records of Pasco County,Florida;thence West 32.31 feet for a Point of Beginning; thence S. 25° 44'00"E., 209.05 feet;thence West 166.50 feet to the East R/W of Fort King Road; thence N. 25° 44' 00" W., 209.05 feet; thence East 166.50 feet to the Point of Beginning. TOGETHER with a portion of Lot 2,LITTLE ACRES SUBDIVISION, as recorded in Plat Book 5, page 132, Public Records of Pasco County, Florida and a portion of the vacated railroad right-of-way lying East of Fort King Road further described as follows: Commence at the East 1/4 corner of Section 3, Township 26 South, Range 21 East; thence West along the East-West centerline of Section 467.35 feet; thence South 467.70 feet for a Point of Beginning;thence continue South 147.30 feet to the South line of Lot 2; thence West along the South line of said Lot 2, 192.50 feet to the East right-of-way of Fort King Road; thence N. 25° 40' 30" W., 190.07 feet along said right-of-way; thence East 99.86 feet; thence S. 25° 40' 30" E., 26.63 feet; thence East 163.45 feet to the Point of Beginning. Containing 1.55 acres more or less. Parcel No.: 03-26-21-0000-00800-0000 & 03-26-21-0020-00000- 0020 SECTION 2: 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 the owners of said lands contained in said area to be annexed has given written eonserit to-have such are annexed and-the City-Council of the City of Zephyrhills does hereby approve the annexation for said annexation duly expressed by Ordinance. SECTION 3: That the City Council of the City of Zephyrhills, Florida, has been given authority by legislature of the State of Florida under Chapter 69-13 9, Laws of Florida, 1969, to zone territorial boundaries upon receipt of a written consent of the land owner, together with the approval of the City Council of the City of Zephyrhills of said zoning duly expressed by Ordinance. SECTION 4: That the City Council of the City of Zephyrhills is of the opinion that the mixed use Future Land Use designation would promote the general welfare and encourage proper development within the City. SECTION 5: That the City Council of the City of Zephyrhills is of the opinion that C2 zoning would"promote the general welfare and encourage proper development within the City. SECTION 6: That due public notice of hearing on such proposed zoning was given by the City council of the City of Zephyrhills on October 11, 2001 and October 18, 2001, as required by Chapter 166.041, Florida Statutes. SECTION 7: That a public hearing on this proposed FLUM amendment and zoning before the Zephyrhills'Planning Commission was held on October 2, 2001. SECTION 8: That the Zephyrhills'Planning Commission recommended approval OR BK 4756 pG 700 3 of 3 of said FLUM amendment and zoning. SECTION 9: That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed to the extent of such conflict. SECTION 10: 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 11: This Ordinance shall become effective immediately upon its passage. SECTION 12:Barring appeal, the FLUM amendment shall take effect as provided in Chapter 163.3187, Florida Statutes. The foregoing Ordinance No. ii i-q-01 was read and passed on its first reading in open and regular meeting by the City Council of the City of Zephyrhills, Florida, on this b day of �� , A.D., 2001. ,, (.1k .. ... ,,'Y 6. Oai64A: 2- COY)tiej*(1 CATHI L. COMPTON J. �� President of City Council Attest: ' '4;4 �T `,„A- '. '-' 1-1,-‘,..Y `; : ; Citytlerk,E.INDAD.,BOAN -- :',2,, (, 'he foregoin .,( rdinance No. WY-0/ was read and passed on its second reading `in apply*regular meeting by the City Council of the City of Zephyrhills, Florida, on this aA1-day'o4 , A.D., 2001. a : ),.,. Cryso&v.\ :', \` ' CATHI L. COMPTON . President of City Council Attest: n . iJ City=Clerk, L • A D.BOAN ' . " �� ;lhe foregoing Ordinance No. /7?g-0/ was approved by me this day of (06V , A.D., 2001. N.4 �. A. ROY B I ' SIDE, Mayor