1449-22 Eiland Blvd. Mixed Use PUD Rezoning

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INSTR# 2022252158 OR BK 10730 PG 1492 Page 1 of 13 12/01/2022 09:28 AM Rcpt: 2528491 Rec: 112.00 DS: 0.00 IT: 0.00 Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller ORDINANCE NO. 1449-22 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, REZONING THE SUBJECT PROPERTY HEREINAFTER DESCRIBED TO CITY ZONING CATEGORY PUD (PLANNED UNIT DEVELOPMENT) IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 166, FLORIDA STATUTES; APPROVAL OF THE PRELIMINARY DEVELOPMENT PLAN; PROVIDING FOR CODIFICATION, CONFLICT SEVERABILITY, AND AN EFFECTIVE DATE. (EILAND MIXED USE PUD). WHEREAS, the City Council has been given authority by the State of Florida pursuant to Chapters 163 and 166, Florida Statute, to rezone property within the City Limits upon receipt of written consent of the land owner, together with the approval of the City Council for said rezoning duly expressed by Ordinance; and WHEREAS, Clyde A. Biston and Acme Development Corp., as owners of the lands described in Section 3 below did consent to the rezoning of said lands to City Planned Unit Development (PUD); and WHEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a public hearing on the 20' day of September, 2022 to consider the proposed rezoning and did recommend approval; and WHEREAS, due public notice of hearings on the proposed rezoning were given by the City Council on October 27, 2022, as required by the Zephyrhills Land Development Code, as amended, and Chapter 163, Florida Statutes; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant(s) and other interested parties and the recommendations of the various City of Zephyrhills review agencies and staff; and WHEREAS, the City Council has determined that the Planned Unit Development (PUD) zoning category would be appropriate, is consistent with the Future Land Use classification of Mixed Use (MU), would promote the general welfare, and encourage proper development within the City. NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the City Council of Zephyrhills, Florida as follows: Section l: 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 Chapters 163 and 166, 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: Survey Boundary with Legal Description attached hereto as Exhibit "A" and by reference made a part hereof, as amended in accordance with the PUD Plan and Conditions of Approval. Section 4: A preliminary "PUD Master Plan" is attached hereto as Exhibit "B" and by reference made a part hereof. Section 5: The "Conditions of Approval" are attached hereto as Exhibit "C" and by reference made a part hereof. Section 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 7: 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 8: This Ordinance shall become effective thirty-one (31) days after passage on the second reading and signing by the Mayor. -1-