HomeMy WebLinkAbout1297-16 Abbott's Square PUD 111111 11111 111110111 1011111111101111111111111111 LIII III
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ORDINANCE NO.: 1297-16 05/31/2016 J. R. , Dpty Clerk
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA
MODIFYING ORDINANCE NO. 905-04 WHICH APPROVED THE
COTTAGES AT SILVER OAKS PLANNED UNIT DEVELOPMENT,
CURRENTLY KNOWN AS "THE DISTRICT AT ABBOTT'S SQUARE"
("PUD"); IN ACCORDANCE WITH THE PROVISIONS OF SECTION
166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION,
CONFLICT SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, in September 2004, site plan approval was granted by the City to allow the project
currently known "The District at Abbott's Square" and formally known as "Cottages of Silver
Oaks/Gulfview Cottages"; and
WHEREAS, on December 13th, 2004, the City Council adopted Ordinance 905-04, which
approved the rezoning of the Cottages PUD from County Agriculture to City Zoning Category
PUD; and
WHEREAS, The City received a request on behalf of the "The District at Abbott's Square" for
approval of a PUD Master Plan Amendment; and
WHEREAS, Planning and Zoning have reviewed the application and proposed amendments and
modifications; and
WHEREAS, the City Council, as the governing body of the City of Zephyrhills, Florida, pursuant
to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City's Land
Development Regulations, is authorized and empowered to consider petitions related to zoning
and land development orders; and
WHEREAS, the City Council has considered the evidence and testimony presented by the
Applicant and other interested parties and the recommendations of the various City of Zephyrhills
review agencies and staff; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best interest of the
health, safety, and welfare of the residents and citizens of the City of Zephyrhills, and the public
at large.
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: The City Council for the City of Zephyrhills has determined that the PUD, Planned
Unit Development, Master Plan Amendment would promote the general welfare and encourage
proper development within the City, and that the following described lands, lying and being
situated in Pasco County, to wit:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED BY
REFERENCE AS EXHIBIT "A".
PARCEL I.D. NOS.:
04-26-21-0000-00300-0020
04-26-21-0000-00300-0021
04-26-21-0000-00300-0000
04-26-21-0000-00300-0010
CONTAINS APPROXIMATELY 166.00 ACRES M.O.L.
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33542 PRULR 5.0'NEILPh.D PASCO CLERK & COMPTROLLER
05/31/2016 374 m PG 3100
G � 7
are hereby subject to the following conditions:
1. The developer shall create a mandatory homeowners' association in the form of a non-profit
corporation registered with the Florida Secretary of State. The developer may also at its option
establish a Community Development District ("CDD") for the property. The developer"per
phase" and/or "as applicable" shall convey in fee simple to the association or the CDD for
ownership and maintenance, open space, drainage areas, common areas, landscape areas,
wetland areas, buffer areas, preservation/conservation areas, and other special purpose areas
unless the said area(s)are required to be dedicated to another governmental entity. Recreation
areas and neighborhood parks shall be conveyed to the association or CDD. Prior to approval
of the final plat,the homeowners' association, documents, including Articles of Incorporation
with proof of filing with the Secretary of State, restrictive covenants, and all exhibits, shall be
submitted to the Director of Planning for review along with copies of instruments to be used
to convey in fee simple the above-mentioned areas to said association.
2. In addition to these PUD conditions of approval, the developer shall comply with all City of
Zephyrhills ordinances including all impact fee ordinances, as amended.
3. In the event ordinances/resolutions are subsequently adopted by the City Council including,
but not limited to, utilities,public safety impact fee or others, the developer shall be required
to comply with same.
4. Streets shall be public and constructed to City requirements. All streets, including associated
utilities or drainage structures depicted on the site plan shall be constructed at the 100-year
storm level.
5. Stormwater management and drainage plans shall be designed in accordance with the Basins
of Special Concern and the Southwest Florida Water Management District (SWFWMD)
requirements for closed drainage basins. The total post-development volume leaving the site
shall be no more than the total pre-development volume leaving the site for the design of a
100-year storm. The rate of runoff leaving the site shall not cause adverse off-site impacts.
Maintenance of pre-development off-site low flow may be required in hydrologically sensitive
areas. The Developer shall submit a lot grading plan with the Final Development Plan.
6. The City of Zephyrhills will provide water and wastewater services to the project. The
Developer will enter into a separate Utility Service Agreement with the City for water and
wastewater treatment and service to this property prior to Final Development Plan approval.
7. Developer shall comply with all requirements of the City's Fire Hydrant Ordinance.
8. Development shall be in accordance with the Development Plan for The District at Abbott's
Square dated April 12, 2016. The approved uses and conditions of approval are as follows
(actual density and lot layout may be modified based on final engineering design):
a. Single-family lots— 124
Apartment Units—768
Townhouses Units— 152 9374 PG 3101
Duplex Units—44 OR BK
Commercial - .29 acre 2 of 5
b. Minimum Lot Sizes(Single-family) shall be:
50ft. xft. x110ft.
c. Setbacks (Single-family)
Front— 15 ft.
Side-7.5 ft.
Rear—20 ft. (Garage may encroach into rear setback)
** See Master PUD Plan (Lot sizes and Setbacks) for additional misc. information.
• i
d. Developer shall provide active / passive recreation, open space amenities and
pedestrian elements/trails as generally shown on the PUD Master Plan dated April 12,
2016.
e. A Street Tree Plan shall be included on the future Construction Plans.
f. Buffers/ Screening shall be shown on the future Construction Plans.
g. Tree preservation methods shall be maximized and addressed on future Construction
Plans.
h. Street lights shall be operated and maintained by a street lighting district. Developer
shall submit an executed contract with the appropriate electrical utility at the time of
development.
i. Existing Developer's Agreement for Simons Road shall be amended to include Dean
Dairy Road with language requiring construction improvements to Simons and / or
Dean Dairy Road prior to issuance of first Certificate of Occupancy;
j. Development shall comply with the City's Traditional Neighborhood Design standards
as stated in Section 7.11.00.
9. Unless required elsewhere within the conditions of approval, all conveyances to the
homeowners' association of open spaces and other common areas of dedication shall be
completed per section prior to the issuance of the first certificate of occupancy in that section
acceptable to the City Attorney, and excluding any homeowners' association restrictions or
encumbrances shall be free and clear of all liens and encumbrances.
10. The PUD Amendment request and Master Plan have been reviewed by staff and deemed
consistent with the Land Development Code,the Comprehensive Plan and the levels of service
requirements. A compliance certificate will be issued by the City of Zephyrhills upon final
approval of this ordinance.
11. The City will provide recreation impact fee credits related to construction of the tennis center
on land donated by the developer based on the number of approved/built units.
12. The City will provide transportation impact fee credits for costs associated with the
engineering, design,permitting and construction of Dean Dairy Road and Simons Road.
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
of 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 Ordinance shall become effective upon passage on the second reading and
signing by the Mayor.
.ti4� �
2'fofegoJrip Ordinance No. 1297-16 was read and passed on the first reading in an open and
olar meets 4of the City Council of the City of Zephyrhills, Florida, on this 9th day of May,
2l6.
- :e;t
.or'i°;Q illman, City Clerk Kenneth V. Compton, Council President
C600TY,E.1,
OR BK 9374, G 3102
3 of 5
The foregoing Ordinance No. 1297-16 was read and passed on the second reading, following"
public hearing, in an open and regular meeting of the City Council of the City of Zephyrhills,
Florid , or t1is-223rd day of May, 2016.
4:'
J /
�Attes \ 7 (/ ( jT
ZLori 3s illman, City Clerk Kenneth V. Compton, Council resident
Theggrego%rig Ordinance No. 1297-16 was approved by me this 23rd day of May, 2016.
Ge Whitfield, Ma r
Approved as to legal form and legal content
for the sole benefit of th City of Zephyrhills
sep A. b is , City Attorney
OR BK 9374 PG 3103
4 of 5
OR BK 9374 PG 3104
5 Rr .�
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