HomeMy WebLinkAbout1399-20 Amendment to COMP Plan (RE to RS) Gulfview Cottages at Silver Oaks INSTR#2020064796 OR BK 10088 Pe 1958 Page 1 of 3
04/20/2020 09:33 AM Rcpt 2154594 Rec:27.00 DS:0.00 IT:0.00
Nikki Alvarez-Sowies,Esq.,Pasco County Clerk&Comptroller
ORDINANCE NO.1399-20
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA
PROPOSING AN AMENDMENT TO THE CITY'S COMPREHENSIVE
PLAN, PROVIDING FOR A LARGE-SCALE COMPREHENSIVE PLAN
AMENDMENT TO THE FUTURE LAND USE MAP CHANGING FROM
RE (RESIDENTIAL ESTATE) TO RS (RESIDENTIAL SUBURBAN) ON
r_77: APPROXIMATELY 172.73 ACRES OF REAL PROPERTY LOCATED ON
-;: THE WEST SIDE OF DEAN DAIRY RD AND CONTINUING NORTH AND
EAST OVER TO SIMONS ROAD;PROVIDING FOR TRANSMITTAL TO
FLORIDA DEO AND AN EFFECTIVE DATE.
WHEREAS,Chapters 125 and 163 Florida Statutes,authorize the City Council of the City
of Zephyrhills to prepare and enforce a Comprehensive Plan for the development of the City,and
the City Council desires to amend the City of Zephyrhills' Comprehensive Plan as it related to
Policy TRA-1-3-4 of the Transportation Element;and
WHEREAS,the City Council previously passed Ordinance No.: 1211-13 which intending
to accomplish the goals of this Ordnance.However,due to a scrivener's error Ordinance 1211-13
is hereby revoked and replaced herewith to fix the error;and
WHEREAS, the City Council has determined that the proposed amendment meets the
criteria for a Large-Scale Comprehensive Plan Amendment pursuant to Section 163.3184,Florida
Statutes,and the Zephyrhills Comprehensive Plan;and
WHEREAS, the Zephyrhills Planning Commission has reviewed the proposed
amendment and has recommended approval by the City Council;and
WHEREAS,the Local Planning Agency,on September 17,2019,held a public meeting
c• on the proposed amendment to the Comprehensive Plan with due public notice,pursuant to Section
125.55(2),Florida Statutes,and recommended approval to the City Council;and.
WHEREAS,based upon the recommendations of the Zephyrhills Planning Commission
to the City Council,said Council has prepared the amendment to'the City's Comprehensive Plan
and is hereby transmitting them to the Florida Department of Economic Opportunity,Division of
Community Development and such other agencies as required by Section 163.3184, Florida
Statutes;and
WHEREAS,the proposed Future Land Use Map amendment meets the criteria of a large-
scale Future Land Use Map amendment and is consistent with the goals,objectives and policies
of the Comprehensive Plan.
WHEREAS,the City Council has determined that the RS(Residential Suburban)future
land use classification would be appropriate, would promote the general welfare, and would
encourage proper development within the City.
WHEREAS, the City Council desires to hereby formally adopt the amendment to the
City's Comprehensive Plan.
NOW,THEREFORE,BE IT ORDAINED by the City Council of the City of Zephyrhills,
Florida,as follows:
Section 1. Recitals.
The Whereas Clauses above are true and accurate and are incorporated by reference
and made a part of this Ordinance.
Section 2. Authority.
This Ordinance is enacted pursuant to Chapter 163,Florida Statutes,and under the
home rule powers of the City.
- 1 -
OR BK 10088 P01959 Page2of3
Section 3. Amendment.
The following described lands,lying and being situated in the City of Zephyrhills,
to wit:
Legal description attached hereto as Exhibit"A"and by reference made apart hereof.
172.73 acres(MOL)
The future land use designation is hereby changed from Residential Estate(RE)and Residential •
Suburban(RS)to Residential Suburban(RS)and included within the boundaries of the City of
Zephyrhills,Florida.
Section.4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
Section 5: 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 6. Effective Date.
This Ordinance shall become effective upon passage on the second reading and signing by
the Mayor.
Tty'fatfgt• ance No. 1399-20 was read and passed on the first reading, following a
trd�rsiliittal.public"hft,g, in,an open and regular meeting of the City Council of the City of
Ze hyrhills,Florida,*his 13th day of January 2 t 0.
Wit " .
®•.Ldti L.,Hi11pti ,,City Clerk - eth M.Burgess,J', I un t,1 President
°tat)Tv•C
The foregoing Ordinance No. 1399-20 was read and passed on the second r-..ing, following a
public.h iig,,iion open and regular meetin_ 9rthe City Council of the ty of Zephyrhills,
Floi tcfia,,ontlu •1.3.,Titty pf April,2020. / i'
•
Attest' *d3
A. 1 I4 ,
, . . . h
.Hillmans City Clerk • eth M.Burgess,J . Co 1'751 President
1
Theefo;egoing Ordinoce No.1399-20 was approved me this 13th day of April,2020.
Ge Whitfield,Ma,•�
Approved asst to legal form and legal content 1
Cit
Matthew E.Maggard,City Attorney
-2-
OR BK 10088 P01960 Page 3 of 3
EXHIBIT "A"
Legal Description
(from surveyor)
THE FOLLOWING DESCRIPTION IS PER COMMITMENT 2019-01369-FL. (SEE DATA SOURCES 2) [SHOWN AS 'THE COTTAGES AT SILVER OAK5, LLC° ON
THE MAP OF SURVEY.]
The follow parcel In Section 4, Township 26 South, Range 21 East. Pasco County, Florida. being more particularly deecri bed as
follows:
The North 3/4 at the West 1/2 to the East 1/2; the Northeast 1/4 a1 the Southwest 1/4; and the South 1/2 al the Southeast 1/4 of
the Northwest 1/4, all in Section 4. Townehlp 26 South, Range 21 East.
Less and except existing road rights of way.
Also less and except that parcel described os loflows:
Commence at the Southeael corner of the Northeast 1/4 of the Northwest 1/4 of the Southeast 1/4 o1 said Section 4. Township 26
South. Range 21 East, thence run West 700 feet. thence Northerly 780 feel parallel to the East boundary line of the Northeast
1/4 of the Northwest 1/4 of the Southeast 1/4, thence East 700 feet to the East boundary line, as extended, of the Northeast 1/4
of the Northwest 1/4 of the Southwest 1/4. and thence South to the Point of Beginning.
Also less and except that parcel described as follows:
Begin at the Northeast corner of the West 1/2 of the Northeast 1/4 of cold Section 4. Township 26 South, Range 21 East, thence
South 150 lest, thence West 351 feet. (hence North 133.5 feet, thence West 969 feet, thence North 16.5 feet. thence East 1320
teat to the Point of Beginning.
Also less and except that parcel described as follows:
Commence at the Soulhwest corner of the Northeast 1/4 o1 the Southwest 1/4 of Section 4, Townehlp 26 South. Range 21 Eoet, Peace
County. Florida. for a Point of Beginning: thence run North 02°17'56•East. a distance of 1328.82 feet; thence North 03°26'50'
East, a distance of 664.52 feet; thence South 89'36'21' East. a distance of 652.5 teat; thence South 02°41'02° West, a distance
at 1991.52 feet; thence North 89'45'29' Wes', a distance o1 652.5 feet to the Point of Beginning.
Also less and except that parcel described os follows:
A portion o1 land Whin the Southwest 1/4 o1 the Northeast 1/4 of Seclron 4, Township 26 South. Range 21 Eos', Posca County.
Florida. being more particularly described as follows:
Commence at the Southeast corner of the Southwest 1/4 of the Northeast 1/4 of Section 4. Township 26 South, Range 21 East, Pasco
County. Florida: thence run North 02°07'13' East for o distance of 119.02 feet to the Northeast corner 01 a parcel o1 land
described In Official Records Book 7896, Pogo 1672 of the Official Records al Pasco County. Florida: thence run South 89°52' 15'
West along the North line of sold parcel fora distance 01 33.25 test to the Point of'Beginning; thence continue along said North
line South 69'52'15' West along for a distance a1 600.44 feat; thence deporting said North line run North 02°07'13' East for a
distance of 600.46 feet; thence run North 69°52'15' East for a distance of 600.46 feet to a point on the West right of way line
of Simone Road per specific purpose survey for maintained right of way of a portion At Simons Road. Project #2- 9089.00: thence
along said West right of way line the foilwing three courses: South 02°05'39' West for a distance at 159.44 feet: thence South
02°10'56' Weal for a distance of 389.90 feet: thence run South 01°44'57' West for a distance of 51.13 feet to the Point of
Beginning.
THE FOLLOWING LEGAL DESCRIPTION IS PER COMMITMENT 2019-01370-FL. (SEE DATA SOURCES,2) (SHOWN AS 'GOLF VIEW COTTAGES AT SILVER
OAKS. LLC' ON THE MAP OF SURVEY]
The follow parcel in Section 4, Township 26 South, Range 21 East, Pasco County, Florida, being more particularly described as
follows:
Commence at the Southwest corner of the Northeast 1/4 o1 the Southwest 1/4 of Section 4. Township 26 South. Range 21 Earl. Pasco
County, Florida, for a Point of Beginning; thence run North 02°17'56' East, a distance of 1328.82 test; thence North 03°26'50'
East, a distance of 664.52 feet; thence South 89°36'21' East, a distance of 652.5 feet; thence South 02°41'02' West. a distance
of 1991.52 feet; thence North 89°45'29' West, a distance 0 652.5 feet to the Point of Beginning.
Also known os:
Begin at the Southwest corner of the Northeast 1/4 of the Southwest I/4 of Section 4. Township 26 South. Range 21 Easi. Pasco
County, Florida; thence run 02'17'56°, along the West boundary of the Northeaet 1/4 of the Southwest 1/4 of said Section 4,
dlatance o1 1328.02 feet to the Northwest corner of the Northeast 1/4 of the Southwest 1/4 of sold Section 4; thence N 03°26'05'
E; along the West boundary of the South 1/2 of the Southeast 1/4 of the Northwest 1/4 of said Section 4, o dlatance of 664.52
feet to the North boundary of the South 1/2 of the Southeast 1/4 of the Northwest 1/4 of said Section 4; 'hence along said North
boundary S B9°36'21' E, o distance o1 652.5 feet; thence S 02'41'02' W, a distance of 1991.52 feel to the South boundory of the
Northeast 1/4 of the Southwest 1/4 of said Section 4; (hence along the South boundary. N B9°45'29' W, a distance of 652.5 feet
to the Point of Beginning.
THE FOLLOWING LEGAL DESCRIPTION IS PER COMMITMENT 2019-01436-FL. (SEE DATA SOURCES 2) [SHOWN AS 'THE DISTRICT AT SILVER OAKS,
LLC° ON THE MAP OF SURVEY]
PARCEL I:
Tract IOI and the East 109.51 feet of Tract 102, 2EPHYRHILLS COLONY COMPANY, In Section 4, Township 26 South. Range 21 East.
according to the plot thereof, as recorded In Plot Book I. Page 55. Public Records of Passe County. Florida.
PARCEL 2:
Tract 102, Tess and except the Eost 109.5! feet thereof; and Tract 107, ZEPHYRHILLS COLONY COMPANY, 'n Section 4, Townehlp 26
South. Range 21 East, occording to the plat thereof, as recorded in Plal Book I, Page 55, Public Records al Paseo County.
Florida,