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HomeMy WebLinkAbout405 Annexation Ordinance – Halterman • 6111 ( 1/11/1) ORDINANCE NO. 405 I AN ORDINANCE OF THE CITY OF ZEPHYRHILLS FLORIDA, v ANNEXING ADDITIONAL TERRITORY TO BE INCLUDED WITHIN O THE BOUNDARIES OF SAID CITY PURSUANT TO THE REQUEST /) 'r OF THE OWNER OF SUCH LAND AND IN ACCORDANCE WITH FLORIDA STATUTE 171. 004, LAWS OF FLORIDA. WHEREAS, ARLEIGH _ A. HALTERMAN and DIANE HALTERMAN, his wife, being the owner of the land hereinafter described in Section 1 has requested and consented to the annexation of the land hereinafter described by the City of Zephyrhills; and - WHEREAS, such annexations are authorized by Florida Statute 171. 044, of the laws of Florida and the municipal Charter, and WHEREAS, the City Council approves the annexation of said lands and the inclusion of said lands within the corporate limits of said City; NOW, THEREFORE, BE IT ENACTED AND 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, Florida, to-wit: The South 1/2 of Tract 32, lying East of Seaboard Airline Railroad right-of-way in Section 3, Township 26 South, Range 21 East, as said tract is numbered and shown on the plat of Zephyrhills, Colony Company Lands recorded in Plat Book 2, page 6, Public Records of Pasco County, Florida. be,, and the same are hereby annexed to and included within the boundaries of the City of Zephyrhills, Florida, a municipal corporation. SECTION 2. 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 said City. That the owners of said lands contained in said area to be annexed have given written consent to have 1 airkpli ,O , 4:awe v,P r O. R. 1563 PG 1947 t such area annexed and the City Council does. hereby approve the annexation for said area. SECTION 3. That the City of Zephyrhills, Florida, has been given authority by the. ,legislatUte of the State of Florida pursuant to Florida Statute 171. 044., . and pursuant to the Charter of. the City ;of Zephyrhills to annex contiguous areas to. said Cityand to extend the City limits or territorial boundaries uponreceipt of a written consent of_ all owners of land• contained in -the area to be annexed, which approval, consent. and. request wassetforth in that instrumentrecorded in Official Record. Book 1298, page 1589, public Records of Pasco . County, Florida, together with .the. approval of City.. Council of the City of Zephyrhills, of said. annexation duly expressed by Ordinance. SECTION 4. That it is the intention of the City Council of Zephyrhills, Florida, to. annex. the . above-described lands to. said City within its territorial limits and the boundary lines of. .said City are hereby redefinedand extended. so. as to includesaid area of land within its territorial limits' upon the final passage of this ordinance. SECTION 5. That the annexed property shall be zoned C-2 in keeping with the surrounding lands and..with the patterns established by the Zephyrhills Zoning - Ordinance. SECTION. 6. That this ordinanceshall be, published in the Zephyrhills News for. four consecutive weeks and that proof of publication of this Ordinanceshall be filed herein. 0. R. 1563 PG 1948 SECTION 7 . That upon the filing of proof of publication and final, adoption of ..this ordinance. a copy of same shall be filed with the Clerk of the Circuit Court of Pasco County, Florida,. anda copy will be forwarded to the Department of .State,- Tallahassee, Florida. The above and. foregoing. Ordinance. was. read. and passed on its first reading 'in open. andregular meeting on this 8th day of September, 1986, Zephyrhills, Florida , ,, -' RESIDENT. OF CITY COU CIL :ATTEST.• _ * ..4 CITY MANAGER 00%. ' Thea above and foregoing. Ordinance. was. read and passed • o . 60r;T?,:tsecond reading in open. and. regular meeting on this 13th day of. October A. D. , 1986, Zephyrhills, Florida. RESLDENT. OF -C T CIL c.).••• \ • &". -‘4_7z le .`� >YCTY MANAGER cn "' c-) The•4. 'hove and foregoing Ordinance was. read: and )4g-b'd n its third and final reading in open.__and regular meeting on this 10th day of November, A. D, 1986, Zephyrhills, Florida. c liPyj 'N \\•\\\NPRESS DENT. OF CITY COUNCIL • : • Testi-8 • C-! • • • • LAGER if> _�, Tk�e- �4oregoing Ordinance. No. • 4.05. was. approved by me • :-thio• lath 'day of--November, A.; D:=, - 986. - _ - _ - • OI7 • ,_ WA YO, V F` V + tf l -/ •� .ShX- .-Yw SED PitimAN circu. . Pasco ,,LAYGie�k f7 Ir O. R. 1563 PG 1949 3 AGREEMENT I/ It is agreed that as a condition to Annexation Ordinance No . 405 , the undersigned , as owners of said lands agree that the "Conditions of Annexation" dated September 15 , 1986 , as set forth therein together with its attachments , as attached hereto, shall be complied with no later than December 10 , 1986 . November DATED this . 10th _ day of; prilvVvv, 198• . A L' GH A. HALTERMAiN 044Z- � c DIANE HALTE MAN • • WALLER & HERSCH ATTORNEYS AT LAW POST OFFICE BOX 1668 DADE CITY.FLORIDA 34297-1668 (904)567-4690 723 FIFTH AVENUE LEPHYRHILLS. FLORIDA • 34248 (813)788-5537 \i I � -2- Future Leased/Rented Areas I . The fire requirements shall be based on the class of occupancy and the area (square feet ) involved. 2. Drawings of any future leased/rented area shall be submitted to the building department. 3. Based on the class of occupancy, if permitted, may require in . addition to the above-mentioned requirements ,emergency lighting and illuminated exit signs . Respectfully eyb fitted, • W. T. Fentbn, Fire Chief ZEPHYRHILLS FIRE DEPARTMENT DATE: September 15, 1986 T0: Louie E. Holt FROM: Nick i(j hols, Bill Fenton, R Burnside, Al Brauer SUBJECT: Conditions of Annexation - Halterman We recommend that the City complete the annexation process for the Halterman site only if the Haltermans both execute an agreement prior to final reading of the annexation ordinance which includes the following: 1 . Prior to a third reading of the annexation ordinance, the petitioner will complete those improvements which can be accomplished without permits including: (a) removal of scrap material from inside and outside • buildings which may constitute fire hazards and/or rodent harborage. (b) mowing of any weeds exceeding twelve inches in height. (c) designation and delineation of a least 21 parking spaces to serve the building fronting U.S. 301 (one handicapped space 12' x 20' and 20 regular spaces 9' x 20' ); each parking area should have a curb and surface as required by Article VIII of the zoning regulations. (Attachment A) (d) designation and delineation of 12 parking spaces for currently occupied space in the rear building with appropriate curbing and surface. (e) excavation of two stormwater retention areas (one on either side of the FDOT easement ) appropriately sized and located to provide on-site storm water retention as required by city development standards. (Attachment B) 2. Within 30 days following a third reading of the annexation ordinance, the petitioner will correct any violation of City Codes within those buildings or portions of building occupied on that date. (A list of current defi- ciencies is included as Attachment C. ) If those violations are not corrected, electrical service will be withdrawn and the tenants ordered to vacate. After annexation, no additional space may be occupied before the space is inspected and determined to be in compliance with all city codes. 3. Within 120 days after annexation, the petitioner will connect to the City water distribution system and pay the prevailing connection fees. At present there is no sewer available to serve the site, however, if/when a public sewer is accessible the petitioner will be required to connect to the public sewer and pay the prevailing connection fees. 4. All additions to or improvements to the property after annexation will be done in compliance with all City of Zephyrhills development regulations. 5. The City is held harmless for any adverse consequences of conditions not specifically permitted by affirmative written authority of the city and its duely authorized representatives. Halterman Property Page 2 September 12, 1986 111 Building Inspections: No great problems with structures. 1 . Metal tie anchors shouldbe installed on south wall of the large metal rental unit. 2. Proper fire walls will have to be constructed between each unit. . Plumbing: All plumbing will have to conform. • ATTACHMENT "C" Commericial Check:. September 12, 1986 Halterman Property General Comments Electrical : • Main service entrance panel must be available to all tenants at all times and have a panel' schedule attached. There must be a minimum space 30" wide and 3' deep of clear area in front of service panel-. Due to types of renters that may be using these buildings, all electrical should be- metallic conduit. Ref. : N.E.C. Article 331-4. In area where this • article would not apply, tabing shall be suported every 3' and within 3' of each outlet, box, fittings etc. Ref. : N.E.C. Article 331-11 . All electrical in commerical buildings must be in conduit. All electrical equipment, boxes, fittings, cabinets, and outlets must •; have all unused openings closed or cover as needed. If flexible cords are used, they must be of 3 wire approved type, and be wired into fixtures as approved by N.E.C. codes. Block Building: All Romax must be removed. See "General Comments" • Trim & Drywall Bay: See 'General Comments" Ba *2: ontains fixture with covers missing; also, see "General Comments" Wagner's Bay: Flex cord feeding light with open splices; also, see "General Comments" Empty Bay: • Exposed wiring conduits hanging loose; also, see. "General Comments" John Smith's Bay: • See "General Comments" . • Super Tube PVC Furniture: . See "General Comments" • Feed Store: See General Comments" • Garage & Paint Shop: See "General Comments" Goodwill Store: Under ground to sign to be in PVC or U.F. Cable;. also, see "General Comments" Carpet Store: Panel over sink and mixer must be clear. Note: see "General Comments" IIIPanel in rear of store. is energized, all unused opening must be closed and panel have clear area. Main disconnect at service entrance must have inside cover. . Conduit outside of building must have water tight fittings. See "General Comments" • • '\.,cP*�►eiij�, ZEPHYRHILLS FIRE DEPARTMENT Zephyrhills Florida 34248 • 1 • .2. 700 6th Avenue (813) 782-8184 44‘1,0'' September 15 , 1986 To: Nick Nichols - City Planner, Zephyrhills Fire Chief • William T. Fenton Re : Arleigh A. and Diana Halterman Property - Proposed Annexation of Assistant Chief Multiple Structures - Fire Code Violations Robert Hartwig General Comments Based on the ZFD Inspection of the Haltermans' Properties on friday September 12, 1986 at approximately 9:00 a.m, , the following was determined in viewing the cement block building that is part of the Pole Barn con- . struction and the Pole Barn itself. The two buildings mentioned above are not in compliance with the Fire • • Codes. The basic fire code requirements come under NFPA 101 (Life Safety) and the Standard Building Code in Chapter 4 (mixed occupancy), and Chapter 7 • . (Fire Separation and Compartmentation. ) Zephyrhills Fire Department requirements within 30 days of annexation would- be that 'the following items shall be completed: 1. All existing leased/rented occupancies shall have a minimum of 1 hour fire rated compartmentation for light and ordinary hazards. 2. Any leased/rented area that is considered a high hazard area, such as auto repairs , spray painting, storage of hazardous materials, etc. shall have a 2 hour fire rated compartmentation. 3. Any penetration of rated' walls' shall be properly filled and fire- stopped. If there is penetration of rated walls by electric, the wires shall be in metal conduit. 4. Fire extinguishers shall be located in each leased/rented space with a minimum fire rating of 2A,'lOB:C. For leased/rented spaces that are a greater than ordinary hazard, they shall comply ,with NFPA 10_ (Port- able Fire Extinguishers. ) 5. Single-station smoke detectors (battery operated) shall be installed as follows : a) At least one smoke detector in each leased/rented unit. b) One detector in each dead storage area within the leased/rented sp. • c) In leased/rented spaces over 60.0 sq. ft. , one additional smoke ' detector shall be installed. for 'each 600 sq. ft.or portion. thereof 6. Any leased/rented space that is open to the public shall have a plasti exit sign with 6" letters over the exit . 7. Existing common bathrooms and. doors from one leased/rented area to another shall have doors with a minimum of a 20 minute fire rating, be set in metal frames , and have automatic door closers.