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HomeMy WebLinkAbout1195-13 RUCKS-GAGNE AMENDMENT TO PUD 2013039028 RcpL:1501700 Rec: 18.50 ORDINANCE NO.: 1195-13 DS: 0.00 • 03/05/13 C. Miner, Dpty Clerk AN ORDINANCE OF THE CITY OF ZEPHYRHILLS FLORIDA APPROVING AN AMENDMENT TO ORDINANCE 885-04 REZONING THE SUBJECT PROPERTY HEREINAFTER DESCRIBED TO CITY ZONING CATEGORY PUD (PLANNED UNIT DEVELOPMENT) IN ACCORDANCE WITH THE PROVISION OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, Neil and Rita Rucks, the owners of lands hereinafter described in Section 2 below, did petition for Future Land Use Map (FLUM) designation and rezoning of said land;;and WHEREAS, the City Council approved the annexation, rezoning and future land use.amendment of said land within the corporate limits of the City on December 13, 2004; and WHEREAS, the applicants have recently requested an amendment to the approved PUD zoning to substitute.432 multi-family housing units in an area of the project previously designated for 134 single-family homes; and WHEREAS, the subject property associated with the amendment is located on the south side of Chancey Road and involves multiple parcels of land totaling 264.4 acres m.o.l.; and WHEREAS, the Planning Commission, sitting as the Local Planning Agency did hold a public hearing on July 12, 2005 to consider said proposed amendment; and WHEREAS, the City Council has determined that the amendment of the prior PUD (Planned Unit Development) to substitute multi-family for single family homes in a designated area of the project would.be appropriate, would promote the general welfare, and encourage proper development within the City; and WHEREAS, the City Council ha determined that the amendment to the PUD Master' Plan consisting of the reclassification of land use on the southern 24 acres from Open Space to Agriculture / Residential would .be appropriate, would promote the general welfare, and encourage proper development within the City; - - WHEREAS; the Planning Commission, sitting as the Local Planning Agency did hold a public. hearing on January 8, 2013 to consider said proposed amendment. NOW THEREFORE BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL -OF ZEPHYRHILLS, FLORIDA AS FOLLOWS: Section 1: The above Whereas clauses are hereby adopted and incorporated herein. Section 2: A portion of the following described lands, lying and being situated in Pasco County,to wit: SEE EXHIBIT"A"ATTACHED HERETO: PARCEL I.D.NOS.: 23-26-21-0000-00200-0000; 23-26-21-0020-01300-0020; 23-26-21-0020-.. 03300-0000; 23-26-21-0020-04900-0000; 23-26-21-0020-06300-0010;23-26-21-020-06500- 0000; 23-26-21-0020-08000-0000; 23-26-21-0020-09700-0000; 24-26-21-0000-00400-0000; 24-26-21-0000-00400-0010; 24-26-21-0000-00500-0000; 24-26-21-0010-03900-0010; '24-26- 21-0010-07100-0000; 24-26-21-0010-07200-0000; 24-26-21-0010-10100-0000; 25-26-21-0010- 00500-0000; 25-26-21-0010-01200-0000; and 25-26-21-0010-013B0-0000. 264.44 acres m.o.l. are hereby as' attached on Exhibit "A" incorporated herein, and subject to the following conditions: PAULA NEIL,Ph.D.PASCO CLERK & COMPTROLLER 03/05/13 8636 1c 3116 Record and Return to::, OR BK PG City Clerk's Office- 5335 8th Street Zephyrhills, FL 33542 OR BK 8836 PG 3117 2 of 2 The approval authorizes in the subject area the construction of a site built single family residential dwelling unit accessory structure; Future construction shall be required to obtain necessary City/County,permits; Pattie Road shall be required to be maintained in an acceptable condition for continued/adequate ingress/egress to subject property; Future construction on subject property shall meet 25' setbacks from wetland jurisdiction boundary lines; Development shall comply with City Code of Ordinances and regulations as provided in the City's Land Development Code and Including City-applicable impact fees. 1. Development shall otherwise be in accordance with the application, plans and information previously submitted by the developer. unless otherwise stipulated or modified herein. All other conditions of prior Ordinances identified above 934-05 shall remain in full force and effect; 2. Future development shall comply with the associated amended PUD Master Plan dated 7anuary'2, 2013. Section 3: This ordinance shall supersede all ordinances or parts of ordinances in conflict herewith. •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 5: This rezoning amendment- shall take effect as provided-iri the City Charter-=and= Chapter 163, Florida Statutes. The f going`'C finance No. 1195-13 was read and passed on the first reading in an open and re, ha'r*meeting'ot'the..City Council of the City of Zephyrhills, Florida, on this 11th day of Febru , , 2013, ttest. - `dirt/ -�-- - • �.�-- `(� , irida D. Bo City Clerk Kenneth V. Compton,Council President The foregoing Ordinance No. 1195-13 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, Flpri oil ltliis 25th day of February, 2013. da:D:aoa i;` ity Clerk Kenneth V. Compton, Council President The for o Ong Ordinance No. 1195-13 was approved by me this 25th day of February, 2013. Kenneth V. Compton, assuming the duties of Mayor in his absence Approved as t le_al form and legal content oseph A. Poblick, City Attorney