HomeMy WebLinkAbout948-06 Gore Dairy (Zephyr Lakes) Rezoning Re. ecotd to correct error in conditions . {if►1�l���E���$�Il� i��lIFII) `II��I�IIIIIIIIHI
2006108101181 I I
Rcpt:990375 Rec: 52.50
ORDINANCE NO.: 948-06 s• a,Oa IT:
04%20/06 Dpty Clerk
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA
AMENDING THE ZEPHYRHILLS LAND. DEVELOPMENT CODE TO
CHANGE THE ZONING ON LAND HEREINAFTER DESCRIBED FROM
COUNTY ZONING CATEGORY AC, AGRICULTURE, AND AR,
AGRICULTURE RESIDENTIAL, TO CITY ZONING CATEGORY PUD
("PD"), PLANNED UNIT DEVELOPMENT, IN ACCORDANCE WITH
THE PROVISIONS OF SECTION 1166.041, FLORIDA STATUTES;
PROVIDING FOR CODIFICATION, CONFLICT SEVERABILITY, AND
AN EFFECTIVE DATE. (ZEPHYR LAKES)
WHEREAS; Gore Dairy Supply, Inc., the owners of lands hereinafter described in Section 2
below, did petition o the 91h day of May, 2005 for rezoning of said land; and
W WHEREAS, the City Council previously annexed the property and approved the future land use
ap amendment of said land to Residential Suburban; and
x a-+
EREAS, due public notice of hearing on the proposed rezoning was given by the City
ouncil on February 4, 2006 and February 16, 2006 as required by the Zephyrhills Land
• Development Code, as amended, and Chapters 163 and 166, Florida Statutes; and LJ 37'
HEREAS, the Planning Commission, sitting as he Local Planning Agency did hold a public 2
h aring on December 13, 2005 to consider said pro osed rezoning; and
HEREAS, the City Council has been given authority by the State of Florida, pursuant to U
• hapters 166 and 163, Florida Statutes,to rezone the property within the City limits upon receipt f
o written consent of the land owner, together with approval of the City Council of said rezoning
d ly expressed by ordinance; and
1THEREAS, the City Council has determined that the PUD, Planned Unit Development, zoning
c tegory would be appropriate, would promote the general welfare and encourage proper
d velopment within the City;
OW THEREFORE BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF
ZI PHRYHILLS, FLORIDA AS FOLLOWS:
S ction 1: The above Whereas clauses are hereby adopted and incorporated herein.
S ction 2: The City Council for the City of Zephyrhills has determined that the PUD ("PD"),
P anned Unit Development, zoning category would promote the general welfare and encourage
p oper development within the City, and that the following described lands, lying and being
s uated in Pasco County, to wit:
S E LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED BY
FERENCE AS EXHIBIT "A".
P CEL I.D.NOS.:26-25-21-0000-00300-0000; 35-25-21-0010-02100-0010; 26-25-21-0000-
$400-0010; 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.
ONTAINS APPROXIMATELY 235 ACRES M.O.L.
e hereby rezoned to PUD ("PD"), Planned Unit Development, subject to the following
c nditions:
1. Development shall be in accordance with the application, the Preliminary Development
P aimed as last revised on September 15, 2005 (the "PD Plan"), and information submitted by
the developer unless otherwise stipulated or modified herein.
Record and-Return to: ..
City Clerk's Office
5335 8th Street • 1
Zephyrhills, L 33542
OR BK 6945 PG 16,97
2 of 6
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 developer shall submit proof of compliance from FDEP prior to commencement of
construction.
4. The property located on the,east side of Wire Road owned by the developer,will-be used
for retention/mitigation purposes only.
5. 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
6. In addition to these PUD conditions of approval, the developer shall comply with all City
of Zephyrhills ordinances including all impact fee ordinances.
7. 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.
8. 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 with a final surface layer of two (2) inches of asphalt if drop/Miami
curb is utilized. Developer shall receive transportation impact fee credits in the amount equal to
the difference in cost between the installation of two (2) inches of asphalt and 1-3/4 inches of
asphalt. The amount of such credit will be determined at fmal development plan stage. All
streets including associated stormwater inlets, sanitary sewer manhole rims, and lift stations shall
be constructed at or above 100 year flood elevation.
9. The developer has submitted a traffic study which will be reviewed by staff and Kimley-
Horn Engineers. The Developer shall be required to address City/engineer comments
accordingly on the Final Development plan. Prior to approval of the final plat, 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 from the
appropriate governmental entity prior to access/driveway connection,.and shall comply with
Pasco County's Access Management Ordinance, as applicable.
10. 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.
11. 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 to the
north boundary of Village V as shown on the PD Plan. In addition the developer shall construct
2
OR BK6945 RO 1658
3 of 6
Dairy Road (two lanes) to City street standards from the south boundary of the property to th
southwestern entrance of Village 1 as shown on thel PD Plan.
1 . 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 locate
oi 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 onthe 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
pioportionate share of the road construction costs.),land
b. design Kossik Road from the eastern boundary of the Commercial Parcel as a four 4-
1 il e collector road and construct the southern 2 lands thereof.
1 . The Developer shall not be entitled to transportation impact fee credits for the right of way
conveyance or roadway construction described in conditions 10, 11 and 12 hereof.
i4. All improvements to Kossik Road and Dairy Road described herein shall include
sidewalks/bike lanes and shall be depicted on the final development plan. Ownership and
maintenance responsibilities of each roadway and associated stormwater pond areas shall be set
fo h on the final development plan.
15. Stormwater management and drainage plans shall be designed in accordance with
S¢uthwest Florida Water Management District (SWFWMD) requirements for open/closed
dr�mage basins, whichever is applicable. The total 1post-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
B sins of Special Concern Ordinance.
1 The developer will submit a site/lot grading plan to the City prior to the final approval of
its construction plans.
F,. The City of Zephyrhills will provide water and wastewater services to the project.
18 Upon approval of the rezoning and preliminary development plan, the developer shall be
re l uired to submit a final development plan to the City for review that complies with all
re uirements set forth in this ordinance as well as the City's Land Development Code.
19 The final development plan shall be amended to depict the property in the northern finger of
thi property abutting U.S. 301 (Village 5) as profess Tonal office and retail use.
20 Vacation of any existing rights-of-way on the subject property must be completed prior to or
co current with approval of the final plat.
21 i All FDEP/environmental issues pertaining to closure and/or mitigation of the dairy shall be
co pleted and receive final approval by FDEP as necessary,prior to approval of the final plat.
22 Development shall be in accordance with the Preliminary Development Plan for Zephyr
La es as last revised on September 15, 2005 and submitted to the City on September 18, 2005
and prepared by Hills and Associates, Inc. The approved uses and conditions of approval are as
fol ows:
A. Lot Sizes
291 single-family lots @ 50 feet x 110 feet
208 single-family lots @ 60 feet x 120 feet
3
OR BK6945 PG 1659
4 of 6
54 townhome lots (Townhomes shall comply with the City's new townhome
standards ordinance and landscaping/tree removal ordinances). 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.
B. Setbacks:
Front—20 feet
Side— 7.5 feet
Rear— 15 feet
C. In order to avoid repetitive front elevations and exterior colors, homes with the
same front elevation or exterior color shall not be located next to each other or directly across the
street from each other.
D. A uniform mailbox and post design shall be provided throughout the community.
E. A street tree plan shall be included in the final development plan. However, a
minimum of 2 trees, including any existing trees, shall be provided on each lot.
F. Tree preservation shall be shown on the fmal development plan.
G. Entry features and signage shall be shown on the final development plan.
H. Decorative street lights shall be installed on internal subdivision streets and be
operated and maintained by a street lighting district, homeowners' association or community
development district.
I. Perimeter landscaping entryway features and buffering plans'shall be shown on
the final development plan.
23. Recreation site development standards shall be in accordance with the City of Zephyrhills
Land Development Code and the Park Impact Fee Ordinance as amended;and as reflected on the
Preliminary Development Plan.
24. 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.
25. The re-zoning request and PD Plan have been reviewed by staff and deemed consistent
with the Land Development Code, the Comprehensive Plan and levels of service requirements,
and a compliance certificate will be issued by the City of Zephyrhills upon final approval of this
ordinance.
26. Developer shall provide for driveway access to serve Village 5 from the future extension of
Dairy Road and such access shall not be required to be a public thoroughfare. The location and
design of such driveway access shall be determined at final site plan stage for Village 5.
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 rezoning amendment shall take effect as provided in the City Charter and
Chapter 163, Florida Statutes.
4
OR SK6945 PG 1660
5 of 6
he fore ou brdinapiceNo 948-06 was read and passed on the first reading in an open an
r gular' eetin`� of'•the.4i'tv Council of the City of Zephyrhills, Florida, on this 23` day o
Ji iary,2006
Attest. '
__ I 2
,indaBoan, Cit Clerk Cathi L. Compton, Council President
fl he.foregoing Ordinance No. 948-06 was read and passed on the second reading, following a
p iblic hear.rig;Fin ft"open and regular meeting of the City Council of the City of Zephyrhills,
loridaa;on.this 13t1' day of February, 2006.
Attest: - - 2
Lnda D.Boars,.Cif'Clerk Cathi L. Compton, Council President
pue foregoing$ '��cdihazlce No.;'948-06 was read and passed on the third reading, following a
blic hearing, in an open and regular meeting of the City Council of the City of Zephyrhills,
F orida®on 1hig'27tI,ay.:.of February, 2006.
2
Lind D Boars; City Clerk Cathi L. Compton, Council President
T_ e foregoing,-Ordinance No. 948-06 was approved by me this 27tH day of February, 2006.
t
. 0 W. Cliff of ie, M r
Approve,,as to le or an • gal content
(Karla S. Owens, i Attorney
5
Ii yw
{
EXHIBIT "A"
OR Bh 6945 PG 166
EGAL DESCRIPTION 6 of 6
PORTION OF THE SOUTHEAST /4 OF SECTION 27, TOWNSHIP 25 SOUTH, RANG 21
AST, PASCO COUNTY, FLORIDA; TOGETHER WITH THE NORTH 34 OF THE NORTH 3 OF
HE SOUTHWEST ,4 OF THE SOUTHWEST 1/ AND THE SOUTH 34 OF THE SOUTH I OF THE
{ OUTH WEST �/4 OF THE SOUTHWEST /4 OF SECTION 26, TOWNSHIP 25 SOUTH, RA GE 21
AST, PASCO COUNTY, FLORIDA; TOGETHER WITH A PORTION 'OF TRACTS 7, 10, 3, 26,
9, 42, 43, 44, 54, 55, 58 AND 59; AND TRACTS 5, 6, 11, 12, 21, 22, 27, 28, 37
ND 38, ZEPHYRHILLS COLONY COMPANY LANDS SUBDIVISION AS RECORDED IN LAT
BOOK 1, PAGE -55-- OF THE PUBLIC RECORDS OF PASCO COON-TY,-FLORIDA,--AND----- -- -
OGETHER WITH LOTS 1-20, BLOCK 1; LOTS 1-20, BLOCK 2; LOTS 1-20, BLOC 3;
LOTS 1-20, BLOCK 4; LOTS 1-20, BLOCK 5; AND LOTS 1-20, BLOCK 6, ZEPH HILLS
MALL FARMS SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 29, OF THE P BLIC .
ECORDS OF PASCO COUNTY FLORIDA, AND BEING MORE PARTICULARLY DESCRIB D AS
FELLOWS::
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 35, SAID CORNER ALSO BEING
T E SOUTHWEST CORNER OF SAID SECTION 26 AND THE SOUTHEAST CORNER 0 SAID
S CTION 27; THENCE ALONG THE SOUTH LINE OF SAID SECTION 27, N.89'58'32" ., 7.21
F ET TO THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 301 AND TO THE POIN OF A
NON TANGENT CURVEY; THENCE 338.37 FEET ALONG THE ARC OF SAID CURVE 0 THE
RIGHT, CONCAVE EAST, HAVING A RADIUS OF 38,082.19 FEET, CENTRAL ANGLE F
00'30'33", CHORD BEARING AND DISTANCE OF N.01'25'14"E., 338.37 FEET; THEN E
LAVING SAID EAST RIGHT OF WAY LINE, N.89'57'59"E., 1,327.09 FEET; THENCE
N.00'12'47"E., 653.30 FEET; THENCE S.8956'53"W., 1,279.48 FEET TO SAID EAS RIGHT
OF WAY LINE OF U.S. HIGHWAY 301; THENCE ALONG SAID EAST RIGHT OF WAY INE,
N.01-45'40"E., 330.56 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE,
N.89'55'48"E., 1,270.55 FEET; THENCE N.0012'47"E., 1,323.22 FEET; THENCE
• N.0012'56"E., 1,322.55 FEET; THENCE N.89'45'51"E., 1,097.58 FEET TO THE WES RIGHT
OF WIRE LINE OF OLD ROAD ( DIXIE HIGHWAY(PLAT)) THE FOLLOWING SIX ( )
COURSES 1) S.31'28'01"E., 240.30 FEET- TO A POINT OF CURVATURE; 2) 245.45 FEET
ONG THE ARC OF SAID CURVE TO THE RIGHT, CONCAVE WEST, HAVING A RA IUS OF
4 5.00 FEET, CENTRAL ANGLE OF 3219'43 , CHORD BEARING AND DISTANCE OF
S 1518'10"E., 242.20 FEET; 3) S.0051'42"W., 3,101.11 FEET; 4) S.00'30'41"W., 4 4.21
F ET; 5) S.00'29'09"W., 1,328.35 FEET; 6) S.0039'05"W., 575.33 FEET; THENCE LEAVING
SID WEST RIGHT OF WAY LINE, N.8953'12"W., 723.00 FEET; THENCE S.0021'59"W.,
7 8.00 FEET TO THE NORTH RIGHT OF WAY LINE OF PRETTY POND ROAD; THEN E
LONG SAID NORTH RIGHT OF WAY LINE, N.89'53'06"W., 825.11 FEET; THENCE L AVING
S ID NORTH RIGHT OF WAY LINE, N.00'09y45"E., 2,603.58 FEET; THENCE N.895 '50"W.,
1 00.05 FEET; THENCE N.0009'45"E., 15.00 FEET TO THE NORTH LINE OF SAID ECTION
3 ; THENCE ALONG SAID NORTH LINE, N.89'59'50"W., 15.13 FEET TO THE POINT F
B GINNING.
C NTAINING 217.16 ACRES, MORE OR LESS
T GETHER WITH:
L GAL DESCRIPTION
T E SOUTH ,,4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, T WNSHIP
2 SOUTH, RANGE 21 EAST, PASCO COUNTY, FLORIDA, LESS AND EXCEPT THE ST
3 .00 FEET THEREOF FOR ROAD RIGHT OF WAY TOGETHER WITH TRACT 35, ZEPHYRHILLS
C LONY COMPANY LANDS SUBDIVISION IN SECTION 26, TOWNSHIP 25 SOUTH, RA GE 21
E ST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 6, UBLIC
R CORDS OF PASCO COUNTY, FLORIDA. LESS AND EXCEPT THE WEST 197.00 FEE
EREOF.
{
T GETHER WITH
E WEST 584.00 FEET OF TRACT 36, ZEPHYERHILLS COLONY COMPANY LANDS
S BDIVISION IN SECTION 26, TOWNSHIP 25 SOUTH, RANGE 21 EAST, ACCORDING 0 THE
P AT THEREOF RECORDED IN PLAT BOOK 2, PAGE 6, PUBLIC RECORDS OF PASO
C UNTY, FLORIDA; LESS AND EXCEPT THE (WEST 20.00 FEET THEREOF FOR ROAD RIGHT
0 WAY.
C NTAINING 17.57 ACRES, MORE OR LESS