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HomeMy WebLinkAbout1223-14 Zephyr Lakes PUD iTIIDI lull 1111111111 III 11111 DIII 11111 11111 11111 IIIIiiii 2015015406 Rc-pt:1657774 Rec: 44.00 ORDINANCE NO.: 1223-14 DS: 0.00 I T: 0.00 1 02/03/2015 E. M. , Dpty Clerk AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA AMENDING ORDINANCE NO. 948-06; AMENDMENT TO THE ZEPHYR LAKES PRELIMINARY DEVELOPMENT PLAN; APPROVAL OF ZEPHYR LAKES FINAL DEVELOPMENT PLAN AND APPROVAL OF RESIDENTIAL DESIGN GUIDELINES IN ACCORDANCE WITH THE PROVISIONS OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT SEVERABILITY, AND AN EFFECTIVE DATE. (ZEPHYR LAKES). WHEREAS, in December 2005, site plan approval was granted by the City to allow the project current known as "Zephyr Lakes"; and WHEREAS, on February 27, 2006, the City Council adopted Ordinance 948-06,which approved the rezoning of the Zephyr Lakes PUD from County Agriculture and County Residential to City Zoning Category PUD ; and WHEREAS, The City received a request on behalf of Metro Development for approval of an amendment permitting modifications; and WHEREAS, Planning and Zoning have reviewed the application and have approved the 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 ("PD"), Planned Unit Development, zoning category 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.:26-25-21-0000-00300-0000. 35-25-21-0010-02100-0010; 26-25-21-0000- 00400-0010; 26-25-21-0000-00500-0000; 26-25-21-0000-00800-0000; 26-25-21-0010-03500 0000; 26-25-21-0010-03600-0000; 26-25-21-0020-00100-0010; and 35-25-21-0010-00500- 0000. - CONTAINS APPROXIMATELY 235 ACRES M.O.L. are hereby rezoned to PUD ("PD"), Planned Unit Development, subject to the following conditions: �f :: -- PRULA S.0'NEIL,Ph.D.PRSCO CLERK & COMPTROLLEN 02/03/2015 142m PG 1672 Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33542 OR BK 9142 PG 1673 2 of 5 1. Development shall be in accordance with the amended Preliminary Development Planned as last revised on January 15, 2013(the "PD Plan"), and the Zephyr Lakes Residential Design Guidelines dated June 2013 submitted by the developer unless otherwise stipulated or modified herein. 2. All wetlands and adjoining buffer, conservation/preservation areas and wildlife habitat/corridor areas shall be placed under a perpetual conservation easement in favor of some entity other than the City of Zephyrhills. Prior to record plat submittal, the developer shall submit one (1) copy of the executed and recorded conservation easement in a form acceptable to the City Attorney, to the Zephyrhills Planning Director. All conservation easement areas shall be depicted as an overlay on the Final Development Plan and Final Plat. In addition, the PD Plan reflects jurisdictional area under a FDEP consent order that must be cleaned and drained by the Gore Dairy. 3. The property located on the east side of Wire Road owned by the developer; willbe used for retention/mitigation purposes only. 4. 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 shall convey in fee simple to the association, or an approved community development district for ownership and maintenance, all 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.some entity other than the City of Zephyrhills. Recreation areas and neighborhood parks shall be conveyed to the association or community development district. 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 Planning Director for review along.with copies of instruments to be used to convey in fee simple the above-mentioned areas to said association or community development district 5. In addition to these PUD conditions of approval, the developer shall comply with all City of Zephyrhills ordinances including all impact fee ordinances. 6- ---In -the -event -ordinances/resolutions--are -subsequently adopted-by- -the--City- Council including, but not limited to, utilities, public safety, impact fee or other, the developer shall be required to comply with same except if such ordinances/resolutions materially and adversely change any conditions of the approval granted herein. 7. Streets may be public or private at developer's option, except for Kossik Road and Dairy Road which shall be dedicated to the public. If the streets are dedicated to the City, they shall be constructed.to .City standards. All streets including associated stormwater inlets, sanitary sewer manhole rims, and lift stations shall be constructed at or above 100 year flood elevation.. 8. . The developer will has submitted an.updated traffic study which will be reviewed by City / County staff and the City's consultant. Kimley Hem Engineers. The Developer shall be required to address City/engineer comments accordingly. on the Final Development plan. Prior to approval of the final plat for each phase, the developer shall construct all off-site transportation improvements identified therein and as agreed upon by the City and the developer (or provide performance security therefore or pay a proportionate fair share of the cost thereof). The developer shall apply for a right-of-way use permit(s) from the appropriate governmental entity prior to access/driveway connection, and shall comply with Pasco County's Access Management Ordinance and Substandard road analysis standards, as applicable. 9. Developer shall convey to City or Pasco County as appropriate, at no cost to the City or Pasco County, up to 47.5 feet of right-of-way along Wire Road as may be required by Pasco County. 10. . Developer shall convey to the City, at no cost to the City, 50 feet of right-of-way along Pretty Pond Road and 80 feet of right-of-way for Dairy Road extension on its property as shown on the Final Development Plan. In addition the developer shall construct Dairy Road to City street standards as reflected on the Final Development Plan from the south boundary of the property to the entrance of Village 1 Phase 4 as shown on the Final Development Plan. OR BK 9142 PG 1674 11. The developer shall convey to the City or Pasco County as appropriate, at no cost to the City or Pasco County, that portion of the proposed 120 ft. right of way for Kossik Road located on its property as shown on the PD Plan and an additional 50 feet of right-of-way along the northern boundary of the property for future Dairy Road/Wire Road connection. In addition, the developer shall: a. cooperate with the owner and/or developer of the approximately sixty acre "Not Included Commercial" parcel shown on the PD Plan ("Commercial Parcel") for the design and construction of the western portion of Kossik Road from U.S. 301 to the eastern boundary of the Commercial Parcel as shown on the PD Plan (This construction obligation shall be subject to the owner/developer of the Commercial Parcel providing the necessary rights-of-way and funding its proportionate share of the road construction costs.), and b. design Kossik Road from the eastern boundary of the Commercial Parcel as a four 4- lane collector road and construct the southern 2 lanes thereof. The applicant's engineer shall design the 4 .lane construction with estimated costs to be reviewed by the City for credits of transportation impact fees on the cost difference between two and four lanes. 12. The Developer shall not be entitled to transportation impact fee credits for the right of way conveyance or roadway construction described in conditions 9, 10 and 11 a hereof. 13. All improvements to Kossik Road and Dairy Road described herein shall include sidewalks/ trail, bike lanes as and shall be depicted on the final development plan. Ownership and maintenance responsibilities of each roadway and associated stormwater pond areas shall be set forth on the final development plan/construction plans. The developer shall construct a 10' wide concrete multi-purpose trial on the west side of Wire Road within the 17.5 feet of ROW to be' dedicated to the City of Zephyrhills. The trail shall be constructed along the entire boundary of the development when Kossik Road connects to Wire Road. The applicant shall be provided transportation impact fees at the time of construction of the trail. 14. Stormwater management and drainage plans shall be designed in accordance with Southwest Florida Water Management District (SWFWMD) requirements for open/closed drainage basins,whichever is applicable. 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. Maintenance of pre-development off-site low flow may be required in hydrologically sensitive areas. The developer shall also comply with the City of Zephyrhills Basins of Special Concern Ordinance. All proposed retention ponds, flood plain mitigation areas shall comply with the City's landscape ordinance. 15. The developer will submit a site/lot grading plan to the City prior to the final approval of its construction plans. 16. The City of Zephyrhills will provide water and wastewater services to the project. The Developer shall construct reclaimed water line infrastructure in each phase of the project that will be served by a master meter. City agrees to provide potable water until such time as reclaimed water is available. 17. Vacation of any existing rights-of-way on the subject property must be completed prior to or concurrent with approval of the final plat. 18._All FD_EP/environmental issues pertaining to closure and/or mitigation of the dairy shall be completed and receive final approval by FDEP as necessary, prior to approval of the each final plat. 19. Development shall be in accordance with the Final Development Plan for Zephyr Lakes as last revised on November 11, 2013 and the Zephyr Lakes Residential Design Guidelines dated June 2013 and prepared by Heidt Design. The approved development entitlements, uses and standards. Actual unit count may increase or decrease and the mix of lot sizes may differ slightly based on final engineering design; provided that any such increase in lots shall not exceed ten percent(10%) of the total number of lots set forth above. OR BK 9142 PG 1675 4 of 5 Setbacks: Front-20 feet Side— 7.5 feet Rear- 15 feet 20. Tree preservation shall be shown on the Construction plans. 21. Entry features and signage shall be finalized/approved on future construction plans. 22. Decorative street lights shall be operated and maintained by a street lighting district, homeowners' association or community development district. 23. Perimeter landscaping entryway features and buffering plans shall be shown on the final development plan with full details on-the construction phase for each phase. _ 24. Recreation site development standards shall be in accordance as reflected on the Final Development Plan. 25. Unless required elsewhere within the conditions of approval, all conveyances to the homeowners' association or community development district if applicable as required pursuant to this rezoning shall occur prior to the issuance of the first certificate of occupancy in a form acceptable to the City Attorney, and shall be free and clear of all liens and encumbrances except for any homeowners' association or community development district restrictions or encumbrances, standard exceptions, easements,permit requirements and plat restrictions. 26. The Developer shall be required to submit an application / required fee should a Community Development District be proposed for review and approval. 27. Construction plans shall provide full details concerning the development interior street enhancements to be provided at crosswalks/intersections. 28. The perimeter screening along Kossik Road shall be a masonry or precast wall with columns at regular intervals. 29. The perimeter fencing along Wire Road maybe PVC fencing which shall undulate at regular intervals. All fencing adjacent to or abutting the rear property line of any residential lot maybe opaque. Any portion of the fence that is not adjacent to or abutting the rear property line of a residential unit shall be less opaque. The degree of the capacity shall be at the developer's discretion. 30. Roofing shingles shall be dimensional type shingles, commonly referred to as architectural shingles. 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. The foregoing Ordinance No. 1223-14 was read and passed on the first reading in an open and regular meeting of the City Council of the City of Zephyrhills, Florida, on this 27th day of January, 2014. Attest: j�2�9J Linda D. Boan, City Clerk ance A. mith, Council President OR BK 9142 5G 16576 The foregoing Ordinance No. 1223-14 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 Zephyrhillsj Floaf°gXtds �' day of February, 2014. Attest _____ kLrda Y7: Boar,City Clerk 4nce A. mit , uncil President Ift The foreg ;I g Ordinance No. 1223-14 was approved by me this 10th day of February, 2014. DailWBtgess Jr., Mayor Approved as to legal form and legal content osep A. Poblick, City Attorney