HomeMy WebLinkAbout1453-23 Agape Baptist Church Rezoning (2)INSTR# 2023007183 OR BK 10750 PG 3051 Page 1 of 3
01/12/2023 10:13 AM Rcpt: 2540801 Rec: 27.00 DS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA
PROPOSING AN AMENDMENT TO THE CITY'S ZONING MAP
DESIGNATION FROM OP (OFFICE PROFESSIONAL) TO C-3
(GENERAL COMMERCIAL) FOR APPROXIMATELY 10.0 ACRES OF
REAL PROPERTY LOCATED AT 39735 CHANCEY ROAD AND HAVING
PARCEL NUMBER 24-26-21-0000-00100-0050 ; PROVIDING FOR
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council has been given authority by the State of Florida pursuant to
Chapters 163 and 166, Florida Statutes, to rezone property within the City limits upon receipt of
written consent of the landowner, together with approval of the City Council of said rezoning duly
expressed by Ordinance; and
WHEREAS, the City Council gave due public notice of hearings on the proposed rezoning
as required by the Zephyrhills Land Development Code, as amended, and Chapters 163 and 166,
Florida Statutes; and
WHEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold
public hearing on the 18th day of October, 2022 to consider the proposed rezoning and has
recommended approval; and
WHEREAS, the City Council has determined that the C-3 zoning category is consistent
with the assigned Future Land Use Classification of MU (Mixed Use) as established in the adopted
Comprehensive Plan and would promote the general welfare of the public and would encourage
proper development within the City; and
WHEREAS, the zoning amendment is consistent with the goals, objectives and policies of
the Comprehensive Plan; and
WHEREAS, the City Council desires to hereby formally adopt the amendment to the
City's Zoning Map.
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.
Section 3. Amendment.
The following described lands, lying and being situated in the City of Zephyrhills,
to wit:
Physical Address: 39735 Chancey Road, Zephyrhills, FL 33542
Parcel /Tax 1D Number: 24-26-21-0000-00100-0050
Legal description: See Exhibit "A"
Assessed in Section 24, Township 26 South, Range 21 East of Pasco County Florida, and being
10.0 Acres, MORE OR LESS.
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OR BK 10750 PG 3052 Page 2 of 3
The Zoning Designation is hereby rezoned from OP to C-3 and is included within the boundaries
of the City of Zephyrhills, FL.
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.
. U'7P
T ke%Tego, mg Or, j nce No. 1453-23 was read and passed on the first reading, following a public
eanng, in an opeifW" regular meeting of the City Council of the City of Zephyrhills, Florida, on
'Ns 12,0, day of Decennber, 2022.
Attest �
a
aL. Hill` City Clerk Jodi ilkeson, Council President
The eoing• &once No. 1453-23 was read and passed on the second reading, following a
pubiic.•hearing, in axte pen and, regular me e ' f the City Council of the City of Zephyrhills,
F ida, on this 9th da�,of January, 2023.
Attest
'. l c ti.i . Hillman ity Clerk.,, Jodi Wilkeson, Council President
The foregoing.rdmance No. 1453-23 was approved by me this 9th day of January, 2023,
Ge Whitfield, Ma r
Approved as to legal form and legal content
Matthew E. Maggard, City Attorney
OR BK 10750 PG 3053 Page 3 of 3
For a point of Reference commence at the Northeast corner of the
West 1/2 of the Northeast 1/4 of Section 24, Township 26 South,
Range 21 East, Pasco County, Florida. Thence S. W16'O2" W.,
along the East boundary thereof, a distance of 1272.50 feet for
a POINT Or OCGINNING; Thence continuo G. 00'16'02" W., along
said East boundary, a distance of 663.44 feet to the Northerly
Right -of -Nay line of Zephyrhills Bypass East; Thence along said
Right -of -Nay line and along the arc of a curve to the left a
distance of 316.01 feet (said curve having a radius of 11,519.16
fest, delta of Or34'19", and a chord bearing and distance of S.
84 26'57" W., 316.00 feet); Thence N. 06-20'11" W., a distance of
10.00 fees; Thence s. 83'130'49" W., a distance of 60.37 feet;
Thence S. 08 38'11" E., a distance of 10.00 feet; Thence along
the arc of a curve to the left a distance of 256.44 feet (said
curve having a radius of 11,519.16 fest, delta of 01'416'32", and
a chord bearing and distance of S. 82'43'33" W., 256.4* feet);
Thence leaving said Northerly Right-of-way line, N. 00-17'43" E.,
a distance of 730.93 feet; Thence N. 89-47'04" E., parallel with
the North boundary of said Section 24, a distance of 628.15 feet
to the Point of Beginning.
Church Property Reverter Clause:
And further to have and to hold said tract or parcel of land,
with the appurtenances, estate, title and interst thereto,
belonging to AGAPE BAPTIST CHURCH OF ZEPHYRHILLS, INC., a
nonprofit corporation, its successors and assigns, forever, for
the use and benefit of those of the membership, even though they
may be a minority, who adhere to, maintain and propagate the
doctrines, faith and practices of the missionary Baptist churches
which cooperate with the Florida Baptist Convention and the
Southern Baptist Convention; and failure or refusal of the
membership of said church, even though they may be a majority, to
adhere to, maintain and propagate the doctrines, faith and
practices of missionary Baptist churches and to cooperate with
the Florida Baptist Convention and the Southern Baptist
Convention shall constitute such a deviation from the accepted
usage, practices and beliefs of Baptists, that said majority
shall no longer constitute the true congregation of said church,
the title to the property hereinabove described shall vest in,
and be held for, the use and benefit of themajority who do
adhere to, maintain and propagate the doctrines, faith and
practices of the members of missionary Baptist churches which
cooperate with the Florida Baptist Convention and the southern
Baptist Convention; and, in the event the entire membership of
the AGAPE BAPTIST CHURCH OF ZEPHYRHILLS, INC. should fail or
refuse to follow, or should renounce the doctrines, faith and
practices of members of Baptist churches which cooperate with
said Conventions, then the title to the above described property
shall revest to and become vested in FLORIDA BAPTIST CONVENTION,
or its successor, to be used for church and mission purposes.
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