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Home My WebLink About1428-21 Marianne M. Simons Trust FLU-ZoningINSTR# 2021223372 OR BK 10464 PG 616 Page 1 of 4 10/21/2021 08:40 AM Rcpt: 2366894 Rec: 35.50 DS: 0.00 IT: 0.00 Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller ORDINANCE NO.1428-21 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, APPROVING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY RES -6 TO CITY RU (RESIDENTIAL URBAN), AND AMENDING THE ZONING FROM COUNTY AC TO CITY PUD (PLANNED UNIT DEVELOPMENT), FOR PARCEL 04-26-21-0000-00200-0000 PROVIDING FOR TRANSMITTAL AND AN EFFECTIVE DATE. WHEREAS, the City Council has been given authority by the State of Florida pursuant to Chapter 163, Florida Statutes, to amend the Future Land Use Map of the City's territorial boundaries upon receipt of written consent of the land owners, together with the approval of the City Council of said Future Land Use Map amendment duly expressed by Ordinance; and WHEREAS, the City Council has been given authority by the State of Florida pursuant to Chapter 163 and 166, Florida Statutes, to rezone property within the City limits upon receipt of written consent of the land owner, together with the approval of the City Council of said rezoning duly expressed by Ordinance; and WHEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a public hearings on August 17, 2021 to consider the proposed amendment to the Comprehensive Plan and rezoning, with due public notice, pursuant to Section 125.55(2), Florida Statutes, and recommended approval to the City Council; and WHEREAS, based on the recommendation of the Planning Commission to the City Council, said Council has prepared the amendment to the City's Comprehensive Plan and is hereby transmitting to the Florida Department of Economic Opportunity, Division of Community Development and such other agencies as required by Section 163.3184, Florida Statutes and recommended by the Florida Department of Economic Opportunity. WHEREAS, the proposed Future Land Use Map amendment meets the criteria of a small-scale Future Land Use Map amendment and is consistent with the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Council has determined that the RU (Residential Urban) future land use classification would be appropriate, would promote the general welfare and would encourage proper development within the City; and WHEREAS, the City Council has determined that the PUD zoning designation would be appropriate, would promote the general welfare, and encourage proper development within the City; and WHEREAS, the City Council desires to hereby formally adopt the amendment to the City's Comprehensive Plan. NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF ZEPHYRHILLS, FLORIDA, AS FOLLOWS: Section 1. The Whereas Clauses above are true and accurate and are incorporated by reference and made a part of this Ordinance. Section 2. This Ordinance is enacted pursuant to Chapter 163, Florida Statutes and under the home rule powers of the City. Section 3. The following lands, lying and being situated in the City of Zephyrhills, Pasco County, Florida, to wit: Physical Address: 6419 Simons Rd, Zephyrhills, FL 33541 Parcel/Tax ID No.: 04-26-21-0000-00200-0000 - 1 - OR BK 10464 PG 617 Page 2 & 4 Legal Description: Commence AT SE Corner OF NE 1/4 OF NW 1/4 OF SE 1/4 TH W 700 FT TH N PARALLEL TO E BDY 780 FT TH E 700 FT TH S TO POB OR 122 PG 175 OR 760 PG 1227 OR 7896 PG 1672. 12.53 acres MOL The Future Land Use classification is hereby amended from County RES -6 to City RU (Residential Urban) and the zoning designation is hereby rezoned from County AR to City R4 (Multi -Family Residential) and included within the boundaries of the City of Zephyrhills, Florida. Section 4. The following conditions are provided and included as part of subject ordinance: 1.) Future development on subject property shall require an updated traffic study that assesses the operational impacts of the proposed development / uses to determine if turn lanes are required; 2.) Future development on subject property shall require a City tree removal permit / tree replanting / mitigation prior to the removal of trees on subject property; 3.) The owner / developer shall convey at no cost to the City Of Zephyrhills ROW along Simons Rd and to be reflected on future site plan / plat(s). In addition, the owner/developer and its successors and assigns, shall design, construct, permit and obtain at no cost to the City, any and all permits required by other agencies for appropriate drainage/retention facilities on the owner's/developer property or another site acceptable to the City Of Zephyrhills. Plans should include: initial and future travel lanes, sidewalks, bike lanes, trails, medians and other roadway appurtenances as required; 4.) ROW may be transferred by perpetual ROW easement, fee simple deed, or dedicated as determined by City Staff. All conveyances shall occur prior to approval of the future engineered site plan or final plat. All conveyances shall be clear of all liens and encumbrances, including exemption from all covenants and deed restrictions; 5.) The future engineered site plan / subdivision plat shall reflect road /access / turn lanes improvements as indicated in the future final traffic study; 6.) The owner /applicant acknowledges that any provisions of Zephyrhills ordinances not specifically waived shall be in full force and effect; 7.) A pre -application meeting shall be conducted with the future engineer / City Planning Department prior to submittal of a preliminary site plan (all phases); 8.) The owner/applicant shall submit a preliminary site plan for review and approval in accordance with all requirements of Articles 6 and 7 of the City's Land Development Code; 9.) All future construction / stormwater management shall comply with the City's basins of special concern ordinance and obtain required permit(s) from SWFWMD; 10.) A City ROW use permit and required utility permits shall be obtained and provided to the City of Zephyrhills Planning Department; 11.) The two existing home sites / parcels shall be allowed to remain. Future redevelopment of subject homes / parcels shall constitute a PUD master plan modification and review / approval from the City of Zephyrhills (PUD Master Plan for subject property - Exhibit A). 12.) Future final plans for non-residential development shall be reviewed to ensure parking requirements are satisfied; 13.) Applicant / property owner shall dedicate to the City of Zephyrhills a pad ready site (clearing & grubbing) as defined on the Master plan as "Indoor Tennis center" / adjoining parking with no financial compensation; 14.) Secondary access is required / recommended to connect to the SVB Tennis parking lot; 15.) Cross parking and access agreements are required to provide access between SVB Tennis Center and Simons property and access easements to the two outparcels; 16.) A Development Agreement shall be developed between the applicant and the City of Zephyrhills formalizing agreements. -2- OR BK 10464 PG 618 Page 3 & 4 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. 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 7. This ordinance shall take effect thirty-one (3 1) days after adoption if no challenge is filed, and as provided in the City Charter and Chapter 163, Florida Statutes. The foregoing Ordinance No. 1428-21 was read and passed on the first reading, following a transmittlJp is hearing, in an open and regular meeting of the City Council of the City of Zellhills; Flora' on this 13th day of September, 2021. cz Atiest- qri L. Hillma%-CityClerk W. Alan Knit, Council President 1 -' The fo? , IR 4,DM nance No. 1428-21 was read and passed on the second "reading, following a public hearing, in an open and regular meeting of the City Council of the City of Zephyrhills, Florida, on this 1 l th day of October, 2021. Aftest: ori L. Hillrt" City Clerk { E ("- aL ")�� W. Alan Knight Council President he foregoing Ordir, nce No. 1428-21 was approved by me this th day of October, 2021. Gene V4itfield, Ma r Approved as to legal form and legal content Matthew E. 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