HomeMy WebLinkAbout1183-12 TERMS IV LLC FLUMA AND REZONING I III III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
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!Rcpt:1484078 Rec: 18.50
ORDINANCE NO. 1183-12 :DS: 0.00 IT: 0.00
12/20/12 E. Munguia, Dpty Clerk
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA, APPROVING A SMALL SCALE FUTURE
LAND USE MAP AMENDMENT TO THE CITY'S COMPREHENSIVE
PLAN; CHANGING THE FUTURE LAND USE MAP DESIGNATION
FOR THE TERRITORY HEREINAFTER DESCRIBED FROM COUNTY
FUTURE LAND USE MAP DESIGNATION ROR (RESIDENTIAL
OFFICE RETAIL) TO CITY FUTURE LAND USE MAP DESIGNATION
CITY MU (MIXED USE), CONSISTENT WITH THE GOALS,
OBJECTIVES, AND POLICIES OF THE ADOPTED COMPREHENSIVE
PLAN, AS REQUIRED BY THE GROWTH MANAGEMENT ACT OF
1985; AMENDING THE ZEPHYRHILLS LAND DEVELOPMENT CODE
TO CHANGE THE ZONING ON LAND HEREINAFTER DESCRIBED
FROM COUNTY ZONING CATEGORY COUNTY C-2 (GENERAL
COMMERCIAL) TO CITY • ZONING C-2 (COMMUNITY
COMMERCIAL), IN ACCORDANCE WITH PROVISIONS OF.SECTION
166.041, FLORIDA .STATUTES; PROVIDING FOR CODIFICATION,
CONFLICT, SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS, Terms IV LLC, the owner of land hereinafter described in Section 2 •below, did
petition on the 4th day of October, 2012 for rezoning of said land; and
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 City's of the Cit"".'s .territorial
p
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, due public notice of hearing on the proposed rezoning, was given by the City
Council on November 29, 2012, as required by the Zephyrhills Land Dev elopmer t Code, as
amended, and Chapters 163 and 166, Florida Statutes; and .
WHEREAS, the Planning Commission, sitting as the Local Planning Agency; did hold a public
hearing on the 13th day of November, 2012 to consider said proposed rezoning; and
WHEREAS, the Future Land Use Map Amendment meets the criteria of a small;-scale Map
amendment for the proposed FLUMA amendment in application of Terms IV LLC are consistent
with the goals, objectives and policies of the Comprehensive Plan; and "
WHEREAS, the City Council has determined that the C-2 (General Comre'CIi' ) zoning
category would be appropriate, would promote the general welfare, and encourage proper
development within the City. a {
NOW, THEREFORE, BE IT ENACETED AND ORDANIED BYJHE CITY Y COUNCIL
OF ZEPHYRILLS,FLORIDA,AS FOLLOWS: . a,-
, .
SECTION 1: The above Whereas clauses are hereby adopted and incorporated herein.
SECTION 2: The following described lands, lying and being situated in-Pasco County,to:_wit:
Parcel I.D. No. 03-26-21-0020-00000-0020
Legal Description: LITTLE ACRES SUB PB 5 PG 132 A POR OF LOT 2 & POR OF
VACATED RR R/W LYING EAST OF FORT KING RD FURTHER DESC AS COM AT
EAST 1/4 COR OF SEC TH WEST ALG THE EAST-WEST CENTER LINE OF SEC 467.35
FT TH SOUTH 433.70 FT FOR POB TH CONT SOUTH 34 FT TH WEST 163.45 FT TH
Record and Return to: iPRULR S.0'NEIL,Ph.D.PRSC0 CLERK & C0MPTR0LLE
� R
'12/20/12 03803 1 O 191
City Clerk's Office OR BK _� PG
5335 8th Street
Zephyrhills, FL 33542
OR BK 03f PG 192
2 o 2
N25DG 40' 30"W 26.63 FT TH WEST 99.86 FT TO EAST R/W LINE OF FORT KING RD TH
N25DG 40' 30"W 11.09 FT ALG SAID R/W TH EAST 279.66 FT TO POB OR 8279 PG 1355
.16 acres m.o.l.
and
Parcel I.D. No. 03-26-21-0020-00000-0021
Legal Description: LITTLE ACRES SUB PB 5 PG 132 PORTION OF LOT 2 & THAT PART
OF VACATED RR R/W LYING EAST OF FORT KING RD FURTHER DESC AS COM AT
EAST 1/4 COR OF SEC TH ALG EAST-WEST CENTER LINE OF SEC W 467.25 FT TH
SOUTH 233.70 FT FOR POB TH CONT SOUTH 200.00 FT TH WEST 279.66 FT TO EAST
R/W LN OF FORT KING RD TH N25DG 40' 30"W 221.91 FT ALG SAID R/W LINE OF
FORT KING ROAD TH EAST 375.81 FT TO POB OR 3840 PG 1154 OR 7324 PG 319 OR
7347 PG 777 OR 8279 PG 1355
1.50 acres m.o.l.
the Future Land Use Map designation MU (Mixed Use) and is hereby rezoned C-2 (Community
Commercial) and included within the boundaries of the City of Zephyrhills, Florida subject to
the following conditions: a.) Future development on subject property shall comply with City
Code of Ordinances and regulations including the City's Basins of Special Concern Ordinance;
b.) future development shall require the submittal of a site plan that will be coordinated with
Pasco County in regards to a ROW use permit and discussions of ROW preservation and related
dedications of ROW.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: 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"5s This Ordinance shall become effective upon passage on the second reading and
signing by the. h y ,
Mao .
torgoin " rin, c No. 1183-12 was read and passed on the first reading in an open and
rular mirg 91'•.t aty Council of the City of Zephyrhills, Florida, on this 26thday of
: I NciverpIr0 2 ;..
� t2•, • .t,: 'fir;
�:. pest.~ a e..�'� 1/• s-`..
M L " 7 -
Linda. • �O%n C ity Clerk Kenneth V. Compton, Council President
t ,r
•` 5 Fle Foregoing Ordinance No, 1183-12 was read and passed on the second reading, following a
ublic a ng; i an open and regular meeting of the City Council of the City of Zephyrhills,
F okia;,on this I ay,of December, 2012.
LjpdaD.-B • City/C-lerk Kenneth V. Compton, Council President
Th "0f regoi g•Qrd nce No. 1183-12 was approved by me this 10th d of December, 2012.
1 �'/ ✓ ✓ /
Steven P. Van Gorden, Mayor
Approved as to legal form and legal content
J_ eph A. Poblick, City Attorney