1409-21 Skybird Properties Rezoning

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INSTR# 2021027703 OR BK 10277 PG 43 Page 1 of 3 02/10/2021 11:17 AM Rcpt: 2259577 Rec: 27.00 DS: 0.00 IT: 0.00 Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller ORDINANCE NO. 1409-21 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA PROPOSING A ZONING DESIGNATION FROM R-2 (RESIDENTIAL -2) TO R-3 (RESIDENTIAL -3) FOR APPROXIMATELY 17.35 ACRES OF REAL PROPERTY LOCATED SOUTH OF ALSTON AVE AND WEST OF THE CITY OF ZEPHRYHILLS AIRPORT AND HAVING RE# 13-26-21- 0040-O0000-0010; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapters 166 and 163 Florida Statutes, authorize the City Council of the City of Zephyrhills 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 a public hearing on the 20th day of October, 2020, to consider the proposed rezoning and has recommended approval; and WHEREAS, the City Council has determined that the R-3 Zoning category 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. 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 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. 17.35 acres (MOL) RE# 13-26-21-0040-O0000-0010 The zoning category is hereby changed from City R-2 to City R-3 and is included within the boundaries of the City of Zephyrhills, Florida and subject to the following condition: Applicant shall coordinate with the City and County to perform ROW improvements along the western property line of subject property (30 foot -wide County ROW). Applicant shall notice prospective owners of proximity to airport through, at a minimum, the HOA deed restrictions and covenants. 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. -1-