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HomeMy WebLinkAbout905-04 Cottages of Silver Oaks Rezoning I DLII IIIII I►II 11111 II1►I►►III►►►►►►III► IIii I►►1►II►►II► 2004237862 Rcpt: 840850 Rec: 61.00 ORDINANCE NO.: 905-04 DS: 0.00 I T: 0.00 12/22/04 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 CITY ZONING CATEGORY ER, ESTATE RESIDENTIAL, TO CITY ZONING CATEGORY PUD, PLANNED UNIT DEVELOPMENT, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY,AND AN EFFECTIVE DATE. (COTTAGES AT SILVER OAKS PROPERTY) JED PITTMAN PRSCO COUNT CLERK 12/22/04 02:43pm 1 f 7 OR BK 6162 PG HEREAS, Cottages at Silver Oaks, LLC, the owner of land hereinafter described in Section 2 below, did petition on the 13th day of April, 2004 for the rezoning of said land; and REAS,the City Council approved the annexation of said land within the corporate limits o t e City on January 11, 1988; and HEREAS, the City Council approved the future land use map amendment of said land to RS I esidential Suburban, on May 10, 2004; and EREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a publi earing on October 25, 2004 to consider said proposed rezoning; and EREAS, the City Council has been given authority by the State of Florida pursuant t Chapters 166 and 163, Florida Statutes, to rezone property within the City limits upon receipt o itten consent of the land owner, together with the approval of the City Council of sai r zoning duly expressed by Ordinance; and EREAS, the City Council has determined that the PUD, Planned Unit Development, zonin c itegory would be appropriate, would promote the general welfare, and encourage prope evelopment within the City. OW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL O EPHYRHILLS, FLORIDA, AS FOLLOWS: ection 1: The above Whereas clauses are hereby adopted and incorporated herein. ection 2: The following described lands, lying and being situated in Pasco County,to wit: EE EXHIBIT "A"ATTACHED HERETO PORTION OF PARCEL I.D. NOS.: 04-26-21-0000-00300-0020 and 04-26-21-0000 0300-0000 139.81 acres m.o.1. e and the same is hereby rezoned to PUD and included within the boundaries of the City o ephyrhills, Florida subject to the following conditions: 1. The developer shall create a mandatory homeowners' association in the form of non-profit corporation registered with the Florida Secretary of State. Th developer may also at its option establish. a Community Development Distric ("CDD") for the property. The developer shall convey in fee simple to th association or the CDD for ownership and maintenance, all open space, drainag areas, common areas, landscape areas, wetland areas, buffer areas preservation/conservation areas, and other special purpose areas unless the sai Record and Return to: City Clerk's Office 5335 8th Sti eet Zephyrhills FL 33542 OR BK 6162 PG 77 2 of 7 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 Planning Director 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. The developer has submitted a traffic study which was reviewed and approved by staff and the site plan review committee. Prior to approval of the final plat, the developer shall bond or construct all transportation improvements required by the traffic study. 6. The traffic study submitted by the developer assumes 325 single family detached units. Any development of land use(s) that generate greater traffic impacts than those assumed shall require an updated traffic study utilizing a methodology approved by the City of Zephyrhills. 7. Developer shall provide a connection point for an inter-neighborhood street connection to adjoining properties. -8. Stormwater management and drainage plans shall be designed in accordance with 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. 9. 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. 10. Developer shall comply with all requirements of the City's Fire Hydrant Ordinance. 11. Development shall be in accordance with the Preliminary Development Plan for The Cottages dated April 29, 2004 with the engineering approval date of October 13, 2004. The approved uses and conditions of approval are as follows: a. Maximum 325 single-family lots (actual density and lot layout may be modified based on final engineering design). b. Minimum Lot Sizes shall be: 220 lots proposed @ 55 ft. x 110 ft. 105 lots proposed @ 65 ft. x 120 ft. OR BK 6162 PG 78 3 of 7 c. Setbacks: Front—20 ft. Side-7.5 ft. Rear— 15 ft. d. Prior to Construction Plan approval, developer and City shall come'to a agreement as to the amenities to be provided for within the property. Th amenities may include but shall not be required to include a communi recreation center, swimming pool, restroom facilities, picnic area, multi purpose sports field and/or playground equipment.- Developer shall als provide small neighborhood parks within areas as generally shown on th Preliminary Development Plan. e. Front setbacks shall be staggered not less than 2 ft. on adjacent lots. f. In order to avoid repetitive front elevations and exterior colors, homes wit the same front elevation or exterior color shall not be located next to eac other or directly across the street from each other. g. A uniform mailbox and post design shall be provided throughout th community. - h. A Street Tree Plan shall be included in the Final Development Plan. i. Landscape and/or fence buffers will be shown on the Final Development Plan. j. A minimum of 2 trees, including existing trees, shall be provided on each lot. k. Tree preservation methods shall be shown on Final Development Plan. 1. Entry features and signage shall be shown on Final Development Plan. m. Street lights shall be operated and maintained by a street lighting district Developer shall submit an executed contract with the appropriate electrica utility at the time of Final Development Plan. n. Pedestrian access trails and other passive recreation areas shall be shown o the Final Development Plan. o. Sidewalks shall be required on each side of all interior roadways. 12. Unless required elsewhere within the conditions of approval, all conveyances t the homeowners' association required pursuant to this rezoning shall occur prior to th issuance of the first certificate of occupancy in a form acceptable to the City Attorney, and excluding any homeowners' association restrictions or encumbrances shall be fre and clear of all liens and encumbrances. 13. The re-zoning request and preliminary plans have been reviewed by staff an deemed consistent with the Land Development Code, the Comprehensive Plan and th levels of service requirements and a compliance certificate will be issued by the City o Zephyrhills upon final approval of this ordinance. ection 3: All ordinances or parts of ordinances in conflict herewith be, and the same, ar ereby repealed to the extent of such conflict. ection 4: That if any section, sentence, clause, or phrase of this ordinance is held to be invali r unconstitutional by a court of competent jurisdiction, then said holding shall in no way affec t e validity of the remaining portions of this ordinance. OR BK 6162 PG 79 4 of 7 Section 5: This ordinance shall take effect as provided in the City Charter and Chapter 163, Florida Statutes. The foregoin Ordinance No. 905-04 was read and passed on the first reading in an open and regu®a 6etin V.6f,the City Council of the City of Zephyrhills, Florida, on this 8th day of Nod ember,20.04. rf, Attes di Lind D. Boaii, City Clerk Cl 4e C. Bracknell, Council President V^ a. The foreg ig rdinance No. 905-04 was read and passed on the second reading, following a public hearing, in an•open and regular meeting of the City Council of the City of Zephyrhills, Florid ooitthi 1�th day of December, 2004. Attest: A"it. Boan; City->Clerk C de C. Bracknell, Council President p ;z CS g Thegregfoing.Ordinhnee,No.:905-04 was approved by me this 13th day of December, 2004. CCuCa� d W. Cliff D ffie, isIyor Approved to gal fo d legal content arla-S. Owens, City Attorney OR BK 6162 PG 80 5 of 7 EXHIBIT "A" LEGAL DESCRIPTION The North 3/4 of the West 1/2 of the East 1/2; the Northeast 1/4 of the Southwest 1 4; and the South 1/2 of the Southeast 1/4 of the Northwest 1/4, all in Section 4,Township 6 South, Range 21 East, less existing road rights-of-way. LESS AND EXCEPT 12.53 acres described as follows: BEGIN at the Southeast comer of the Northeast 1/4 of the Northwest 1/4 of the Sou east 1/4 of said Section 4, Township 26 South, Range 21 East,thence run West 700 fee . thence Northerly 780 feet parallel to the East boundary line of the Northeast 1/4 of e Northwest 1/4 of the Southeast 1/4, thence East 700 feet to the East boundary line, s extended, of the Northeast 1/4 of the Northwest 1/4 of the Southeast 1/4, and then South to the POINT OF BEGINNING. ALSO LESS AND EXCEPT 1.5757 acres described as follows: BEGIN.at the Northeast comer of the West 1/2 of the Northeast 1/4 of said Section Township 26 South, Range 21 East, thence South 150 feet,thence West 351 feet, ence North 133.5 feet,thence West 969 feet, thence North 16.5 feet, thence East 1320 f t to the Point of Beginning. Said land also having been described or identified accordin to the survey filed in Official Records Bock 820, on Page 1437 of the public records of Pasco County, Florida. ALSO LESS AND EXCEPT the following described parcel of land: BEGIN at the Southwest comer of the Northeast 1/4 of the Southwest 1/4 of Sectio 4, Township 26 South, Range 21 East, Pasco County, Florida;thence run N.02°17'56" ., along the West boundary of the Northeast 1/4 of the Southwest 1/4 of said Section , a distance of 1328.82 feet to.the Northwest comer of the Northeast 1/4 of the South t 1/4 of said Section 4; thence N.03°26'50E., along the West boundary of the South /2 of the Southeast 1/4 of the Northwest 1/4 of said Section 4, a distance of 664. 52 feet o the North boundary of the South 1/2 of the Southeast 1/4 of the Northwest 1/4 of said S lion 4;thence along said North boundary, S.89°36'21"E., a distance of 652.5 feet;then S.02°41'02"W., a distance of 1991.52 feet to the South boundary of the Northeast 14 of the Southwest 1/4 of said Section 4; thence along said South boundary, N.89°45'29 1'W.,a distance of 652.5 feet to the POINT OF BEGINNING. ALSO LESS THE EXCEPT the following described parcel of land: Commence at the Southeast comer of the Northeast 1/4 of the Northwest 1/4 of th Southeast 1/4 of Section 4, Township 26 South, Range 21 East, Pasco County, Flo da. run thence S 01°46'25"W along the East boundary of the Southeast 1/4 of said se on,a distance of 660.96'; run thence S 89°48'00"W, a distance of 699.97'; run thence N 02°07'10" E, a distance of 660.31';run thence N 89°44'48" E, a distance of 700.00' the Point of Beginning, all lying in Pasco County, Florida. Containing 126.37 Acres More or Less Parcel 4: A parcel of land lying within the Southeast 1/4 of Section 4,Township 26 South,Rang 21 East, Pasco County,Florida,being more particularly described as follows: For a Point of Reference commence at the Northeast comer of the West 12 of the N cast 1/4 of said Section 4;thence S.02°07'11"W.,along the East boundary of said West 1/2 f the Northeast 1/4,thence continuing along the East boundary of the Northwest 1/4 of the Southeast 1/4 of said Section 4,a distance of 3,286.44 feet;thence S.89°44'48"W.,a di cc of 48.63 feet for a POINT OF BEGINNING;thence S.01°46'27''W.,a distance of 660. 7 feet to the South Boundary of the Northwest 1/4 of the Southeast 1/4 of said Section 4;then e S.89°48'00"W.,along said South boundary,a distance of 655.33 feet;thence N.02°07'1 "E., a distance of 660.31 feet;thence N.89°44'48"E.,a distance of 651.37 feet to the POINT OF BEGINNING. Containing 9.900 acres more or less. OWNERIDEVELOPER: SURVEYOR: A�v>; : , a- { E CP,GETf,1-RN.21 r56OCNiE¢,INO, OAVIDA.WMONKER,PPE510ENT . xN80L¢URVEY .7757 YAPFINO NOTE• '76 BEC SPASCO SE-RNO.21E COTTMESOF-WROANLLLC. 11,11SWTXCURLEYSTREET mveAwoxxrtr eJerx6•mv Ira N00.TN a PASCO CWNTY ¢A"ANTONIO,FLORIOA115re .Grow $E}E �i PQ. 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NETUMe RICA uw ITAC Jnr4.enutlmmenq.sy.rgrMFvwn wCRO,mm .Im DESIONePEW!wmRI ��-- • 1 — �„ WEnA"DRI AREA - -N0.81. IU ^- . n1�r ra.uwprlw.walnml� om.tm u>EwWwx.mO Ww•'oJA TYPICAL 50r l0I 1.. SSSECTION ,all . S v.. LFND1x OF WETIANDtPR ¢AOTA5V 40 txTu •f°'m -- _ _ EOUIREO!Uri!R PT J ty --- jr k { L, — —_ r..r•„ �� R Aw -tm°ll5¢F '„ qn �.t�e ....mn , . t OR BK 6162 PG 82 FED._ -,r'..'e' f _ '. — _ __ 1 7 of 7 mss.. , _,,,_ �in- ID USE SUMMANY w AW NONr0ER5 AltENTKMI IOTAL OAEN¢FACE .7 .020 .5118 9c2!' !U. _ __. 1 •]RAc 5¢11117 I 850 !].l AO 1.1110 1J¢A0 ]Ia5ACpa•,f, N ,a5 U84131URIWAa TOTAL Ltl8tna7e =......I -- ] rF.N Ae 151117 31EAC 1a]1A0 u5A0 1I.mA0 E¢e]Ac7Emll ,n 242 uwf¢IAe •..w.._ _y_....w E5210 - 1° ¢5XIt7•]T¢UNm rw±.w ] r .Ac ay11v 75 t11 u"mrAe 50*110-nOANSI Mpu aa..s LOT ....4! .}a �z 1 FAC tsFA00! 1 33 1m UNIT@AC - yi'I wn:_ . 10a1AC $5111; 01000 _IW SUB-TOTAL N5st Ac •1.3AO 50.�AC $30. t13*0 aat AC R5a114) i 41: w1SIA0 .M�w FOURS 1•IITAc ma11. 7a1Ae - - ,.,1AC I1510O].II%I Ii ato uwT¢IAl N.}} 11aTAC L511117 ,AFA0 15,70 0.1 AO 2110 IAn/0 ¢Inf ]1 ]A)UNRSIAO TOTAL MIA. MACAC •aMAe 1a—OK tT IJYAe°1•A) ,i° ] u 20531*0 CONCEPTUAL LAYOUT COTTAGES OF � � andA-Hom and Assoaates,Inc. 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