HomeMy WebLinkAbout799-02 Change Land Use Map and Rezone Parcels re. Ord. 798 !i!!'1! ;l�' �! `1 !!'6! !'! ;!� illfl '''ll�' !!'
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ORDINANCE NO: 799-02 05 '28/02 .00 C1Er k
AN ORDINANCE OF THE CITY OF
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ZEPHYRHILLS, FLORIDA, A MUNICIPAL al ^C�
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CORPORATION, APPROVING A SMALL SCALE ti;3
FUTURE LAND USE MAP AMENDMENT TO THE (.0
CITY'S COMPREHENSIVE PLAN, ADOPTING
THE FUTURE LAND USE CLASSIFICATION OF
MIXED USE FOR THE TERRITORY r, �:-
HEREINAFTER DESCRIBED CONSISTENT WITH
THE GOALS, OBJECTIVES, AND POLICIES OF
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, Robert Stephens and Joyce Stephens, his wife, being the owners of
lard hereinafter described in Section 1-Parcel 1(a) has requested Future Land Use Map
designation and rezoning of the below described land; and
WHEREAS, Aubra R. Bailey, being the owner of land hereinafter described in
Section 1-Parcel 1(b)has requested Future Land Use Map designation and rezoning of the
below described land; and
WHEREAS, Sunrise Rigging International, Inc., a Florida corporation, being
the owner of land hereinafter described in Section 1-Parcel 1(c) has requested Future Land
Use Map designation and rezoning of the below described land; and
WHEREAS, Bahr's Aluminum and Hardware, Inc., being the owner of land
hereinafter described in Section 1-Parcel 1(d) has requested Future Land Use Map
designation and rezoning of the below described land; and
WHEREAS,the City Council of the City of Zephyrhills approves the annexation of
said lands within the corporate limits of the City of Zephyrhills on April 22, 2002; and
WHEREAS, the Planning Commission sitting as the local planning agency, did,
pursuant to Chapter 163.3174, Florida Statutes, hold a public hearing on April 16, 2002 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
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33540
4959 Pi. 683
2 ut 4
said lands; and
WHEREAS, the City Council of the City of Zephyrhills agrees to formal adoption
of the rezoning to designate the hereinafter described real properties.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of
Zephyrhills, Florida, as follows:
SECTION I: That the following described lands , lying and being situate in Pasco
County, to-wit;
Parcel 1.(a)
That portion cf Tract 49, ZEPFIYRHILLS COLONY COMPANY LANDS, S'ecton 3,
Township 26 South, Range 21 East as recorded in Plat Book 1, Page 55, Public Records
of Pasco County, Florida, that lies West of the Westerly right-of-way line of U.S. 301, as
it presently exists. LESS the North 100.00 feet of the East 200.00 feet thereof Parcel No.:
03-26-21-0010-04900-0010-Containing 4.09 acres more or less
Parcel 1.(b)
That portion of the South 145.00 feet of the West 100.00 feet of Tract 64, ZRPHYRHILLS
COLONY COMPANY LANDS, in Section 3, Township 26 South, Range 21 East, as
recorded in Plat Book 1, Page 55, Public Records of Pasco County, Florida, that lies
North of and adjacent to the Northerly right-of-way line of Eiland Boulevard, being further
described as: Commencing at the SW corner of Tract 64, run N, 00°10'40" W., along
the West line thereof 22.48 feet to a point on the Northerly right-of-way of Eiland Blvd,
for a Point of Beginning; thence continue N, 00°10'40" W, along the West line of Tract
64, 122.52 feet to the NW corner of the South 145.00 feet of Tract 64; thence run S., 89°
41'31"E.,parallel with the South line of Tract 64 for 100.00 feet; thence run S., 00 °10'
40" W, 123.80 feet to a point on the North right-of-way line of Eiland Blvd, thence run
N, 88°57'25" W, 100.02 feet to the Point of Beginning. Parcel No.: 03-26-21-0010-
06400-0020-Containing.28 acres more or less
Parcel I. (c) 111
Beginning at the Southeast corner of Tract 63, in Section 3, Township 26 South, Range 21
East, ZEPHYRHILLS COLONY COMPANY LANDS, according to the map or plat thereof
recorded in Plat Book 2, Page 6, Public Records of Pasco County, Florida; said corner
being on the North line of FOUNTAIN ROAD (a 30.00 foot right-of-way) thence West
along said road line 193.00 feet to the Point of Beginning; thence Northwestwardly 715.70
feet to a point on the North line of Tract 50 of said ZEPHYRHILLS COLONY COMPANY
LANDS, as projected across the Seaboard Coast Line Railroad right-of-way, a distance
of 497.96 feet Westwardly from the Northeast corner of said Tract 50; thence Westwardly
along said projected Northern line of said Tract 50, 111.00 feet; thence Southeastwardly
parallel to the first described course after the Point of Beginning 715.70 feet to the
Northern line of said Fountain Road; thence Eastwardly along said road line, 111.00 feet
to the Point of Beginning;AND beginning at the Southeast corner of Tract 63 in Section
3, Township 26 South, Range 21 East, ZEPHYRHILLS COLONY COMPANY LANDS,
according to the map or plat thereof recorded in Plat Book 2, Page 6, Public Records of
Pasco County, Florida;said corner being on the North line of Fountain Road(a 30.00 foot
right-of-way); thence West along said road line, 193.00 feet to the Point of Beginning;
thence Northwestwardly 715.70 feet to a point on the North line of Tract 50 of said
ZEPHYRHILLS COLONY COMPANY LANDS, as projected across the Seaboard Coast
Line Railroad right-of-way, a distance of 497.96 feet Westwardly from the Northeast
corner of said Tract 50; thence Eastwardly along said projected Northern line of said
Tract 50, 55.50 feet; thence Southeastwardly parallel to the first described course after the
Point of Beginning, 715.70 feet to the Northern line of said Fountain Road; thence
Westwardly along said road line 55.50 feet to the Point of Beginning. LESS and EXCEPT
those portions of the above described parcels deeded to Pasco County by Warranty Deeds
recorded in O.R Book 905, Page 319, and O.R. Book 2007, Page 457., Public Records of
Pasco County, Florida. Parcel No.: 03-26-21-0000-01000-0000-Containing 2.34 acres
more or less
OR arc 4959 Eac 634
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Parcel 1. (d)
That part of Tracts 50 and 63 in Section 3, Township 26 South, Range 21 East,
ZEPHYRHILLS COLONY COMPANY LANDS, according to the map or plat thereof
recorded in Plat Book 2, Page 6, Public Records of Pasco County, Florida; lying East of
the S.A.L. Railroad right-of-way. LFSS a portion of Tract 63 of ZEPHYRHILLS COLONY
SUBDIVISION of said Section 3, Township 26 South, Range 21 East, Pasco County,
Florida; being further described as follows: Commence at the Southeast corner of the
Northeast 1/4 of said Section 3; thence along the South boundary line of the Northeast 1/4
of said Section 3, N., 89 °41'31" W, a distance of 663.98 feet to a point, said point also
being S., 89 ° 41' 31" E., a distance of 1991.93 feet from the Southwest corner of the
Northeast 1/4 of said Section 3; thence N, 00 °10'40" W., a distance of 15.00 feet to the
Southeast corner of said Tract 63; thence along the East boundary line of said Tract 63
N, 00 °10' 40" W, a distance of 10.00 feet for a Point of Beginning; thence N., 89 °41'
31" W, a distance of 140.46 feet; thence N, 25 ° 28' 18" W., a distance of 15.96 feet;
thence S., 88 °57'25"E., a distance of 147.31 feet; thence S., 00 °10'40"E., a distance
of 12.48 feet to the Point of Beginning. Parcel No.: 03-26-21-0010-05000-0000-
Containing 4.24 acres More or Less
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 consent 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 69-139, 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 April 16, 2002 and May 3, 2002, 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 April 16, 2002.
SECTION 8: That the Zephyrhills' Planning Commission recommended approval
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
OR BK 4959 685 - .
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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. 799-02 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
c day of , A.D., 2002.
i , //
CL E C. BRACKNELL
President of City Council
Attest: c' A
City Jerk, LINDA D. BOAN
J
•
The foregoing Ordinance No. 17( 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
/31/L daly►'f , A.D., 2002. a� /
CL E C. : ' • CKNELL
Pr sident of City Council
_y±Attest: .`"Apt-tt,i-)
C its 1`',lerk, Lliti%A D. .3OAN
ORDINANCE NO.: /71' (
The foregoing Ordinance No. 799-0)\ was approved by me this /3# day
of kr4 , A.D., 2002.
Mayor- ,ACL 1, F M Po FIE