HomeMy WebLinkAbout1233-14 Zephyr Lakes Revised PUD 1111111 Nlll 11111 11111 I II II III!!11111 IIIII 111 11 Iill!I III III I.
2014138759
ORDINANCE NO.: 1233-14
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 Dune FL Land I Sub LLC for approval o
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,j 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 o
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: Rcpt:1625642 Rec: 44.00
DS: 0.00 IT: 0.00
— 08/28/14 D. Bonilla, Dpty Clerk
Record and Return to:
City Clerk's Office
53358 h Street PRULR S.O'NE1L,Ph.D.PASCO CLERK & COMPTROLLER'
Zephyrhills, FL _33542 08 R8 114 09:44am 1
BK 9078 PG 3413
OR BK x9078 5G 3414
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, will be 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 ofiZephyrhills. _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 Zephyrhillsurdinances 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 submit an updated traffic study which will be reviewed by City /
County staff and the City's consultant. The Developer shall be required to address City/engineer
comments accordingly. 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 rgovernmental• 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 9078 PG 3415
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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. In addition,the developer shall:
a. cooperate with the owner and/or developer of the approximately sixty acre "No
Included Commercial" parcel shown on the PD Plan ("Commercial Parcel") for the design an
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 it
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 o
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 wa
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 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 plant 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 provide
transportation impact fee credits 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 o
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.
-1-78.- All FDEP/environrnental issues-pertaining to closure and/or mitigation-ofthe-dairy--shall-be completed and receive final approval by FDEP as necessary,prior to approvatdf the�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. .
l
Setbacks: . . .
Front-20 feet
Side— 7.5 feet
OR BK 9078 5G :416
Rear— 15 feet F.;
20. Tree preservation shall be shown on the Construction plans; ..;r;
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 screening along Wire-Road may-be PVC fencing,--and shall-undulate at
regular intervals. All fencing adjacent to or abutting the rear property line of a residential lot
shall be opaque. Any portion of the fence that is not adjacent to or abutting a residential lot may
be less opaque. The degree of opacity shall be at the discretion of the developer.
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: �a Ordinance shall become effective upon passage on the second reading
following a piihticthiring and signing by the Mayor.
The 4 was read-and passed on the first reading in an open and
regular Z1fit3',Council of the City of Zephyrhills, Florida, on this 14th day of July,
••'h°° " ;p`y
1
Attest /
iL
pia'; Boa CcClerk harles E. Proctor, Council President
I '�
The foregoin �ird?nWe--'No. 1233-14 was read and passed on the second reading, following a
public hearin ,in an open and regular meeting of the City Council of the City of Zephyrhills,
Florida, on ths .8 day of July, 2014.
cnT �. 1 4y�lerk Carle . Proctor; Co cil resident
The foregoing'Ord nanceNo 72-J3,-'14 was approved by me this 28th day of July, 2014.
I __________
• Gen Whitfield, r
• Approved as to legal form and legal content
-Joseph A. Poblick, City Attorney
OR BK 9078 PG 3417
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