HomeMy WebLinkAbout911-05 Perocchi/Hidden River Rezoning ORDINANCE NO.: 911-05
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS,
FLORIDA AMENDING THE I ZEPHYRHILLS LAND
DEVELOPMENT CODE TO CHANGE THE ZONING ON
LAND HEREINAFTER DESCRIBED FROM COUNTY
ZONING CATEGORY AC (AGRICULTURAL) TO CITY
ZONING CATEGORY R-3I (RESIDENTIAL) IN
ACCORDANCE WITH THE PROVISIONS OF SECTION
166.041, FLORIDA STATUTES; PROVIDING FOR
CODIFICATION, CONFLICT, SEVERABILITY, AND AN
VE EFFECTI DATE. (HIDDEN RIVER PROPERTY)
EREAS, Hidden River Developer's L.L.C., the owner of land hereinafter described in
Section 2.below, did petition for rezoning of said land; and
VIHEREAS, the City Council approved the annexation of said land within the corporate limits of
t e City on December 13, 2004; and
HEREAS, the City Council has been given authority by the State of Florida pursuant to
Chapters 166 and 163, Florida Statutes, to rezone property within the City limits upon receipt of
written consent of the land owner, together with the approval of the City Council of said
re oning duly expressed by Ordinance; and
EREAS, due public notice of hearing on the proposed rezoning was given by the City
Council on December 30, 2004 and January 6, 2005, as required by the Zephyrhills Land
D velopment Code, as amended, and Chapters 163 and 166, Florida Statutes; and
EREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a public
hearing on November 9, 2004 to consider said proposed rezoning; and
HEREAS, the City Council has determined that he R-3 (Residential) zoning category would
b appropriate, would promote the general welfare, and encourage proper development within
the City.
OW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF
Z PHYRHILLS, FLORIDA, AS FOLLOWS:
S ction 1: The above Whereas clauses are hereby adopted and incorporated herein.
S ction 2: The following described lands, lying and being situated in Pasco County, to wit:
SEE EXHIBIT "A"ATTACHED HERETO
P CEL I.D. NO.: 24-26-21-0000-00300-0000 and a portion of 25-26-21-0010-00100-0010
7
150.81 acres m.o.1.
be and the same is hereby rezoned and included within the boundaries of the City of Zephyrhills,
Florida subject to the following conditions:
1. Development shall be in accordance with the application, plans, and information
submitted by the developer unless otherwise stipulated or modified herein.
2. Prior to construction plan approval, the developer shall submit data showing accurate
wetland jurisdictional lines. Such lines shall be used to determine appropriate lot
placement. Any wetlands.and adjoining buffer, conservation/preservation areas shall
be depicted as an easement and deeded for ownership and maintenance to an entity
other than the City of Zephyrhills. Prior to record plat submittal, the developer shall
R submit one (1) copy of the executed and recorded easement in a form acceptable to
the City Attorney, to the Zephyrhills' Planning Director. In addition, developer
Record and Return to:
City Clerk's Office
5335 8th St eet
Zephyrhills, FL 33542
agrees to cause no adverse impact to the existing tree buffer running along the
Hillsborough River.
3. The developer shall provide a 10 foot buffer easement along the northwest corner
and the western boundary of the property to separate the project from the railroad
bed and the adjoining land use to the north. Retention or open space, however, may
be provided along the railroad area. In addition, buffering must be included along
the boundary with Yonkers Boulevard.
4. The developer shall create a mandatory homeowners' association in the form of a
nonprofit corporation registered with the Florida Secretary of State. The developer
shall convey in fee simple to the association 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 another governmental entity. Recreation
areas and neighborhood parks shall be conveyed to the association. All such
conveyances shall be for a value that does not exceed the fair market value of the
land. 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 the said association.
5. In addition to these 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
prior to construction plan approval, including, but not limited to, utilities, public
safety, impact fee or other ordinances/resolutions, the developer shall be required to
comply with same.
7. In the case of private streets, dedication and maintenance shall be to an appropriate
entity other than the City of Zephyrhills.
8. Prior to approval of the final plat, all required off-site improvements shall be
completed or bonded at 125% of the engineered cost estimate and completed prior to
issuance of the first certificate of occupancy.
9. The developer shall submit an infrastructure/access plan and -,a r,stormwater
management and drainage plan and report for each site plan submitted in accordance
with the requirements of the City Engineer. The plans shall be approved prior to or
simultaneous with application for construction plan review.
10. A master utility plan for project shall be submitted to the Utilities Director for
review and approval prior to submittal of the construction plan and the developer
shall construct all water and wastewater facilities within the development-to current
City standards.
11. Proposed recreation sites and amenities shall be depicted on the construction plan
and shall be developed in accordance with the City of Zephyrhills Land
Development Code and the Park Impact Fee Ordinance, as amended. In addition,
the developer shall incorporate some common areas or elements along the tree line
and provide pedestrian access to the Hillsborough River.
12. Unless required elsewhere within the conditions of approval, all conveyances
required pursuant to this rezoning and subsequent master/site plan approval and/or
conditions shall occur prior to 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, including exclusion from the boundaries of any special districts and
exemption from all covenants and deed restrictions.
13. Development shall occur in accordance with Article V, Concurrency Managemen
System of the Land Development Code.
14. The developer shall continue to work with Pasco County to provide ingress/egress t
the project from Chancey road through the existing County park property. Ai
emergency stub out shall be provided to establish emergency access from Yonker'
Boulevard.
15. Developer agrees to develop the area of the project bordering the Hillsborough Rive
with lots exceeding the R-3 district minimum lot area requirements.
16. The developer shall submit a traffic study for review by the site plan revie
committee prior to construction plan approval. Prior to approval of the final plat,th
developer shall construct all transportation improvements required by the site pl
review committee.
Section 3: All ordinances or parts of ordinance's in conflict herewith be, and the same, ar
hereby repealed to the extent of such conflict.
Section 4: That if any section, sentence, clause, or phrase of this ordinance is held to be invali
or unconstitutional by a court of competent jurisdiction, then said holding shall in no way affec
the validity of the remaining portions of this ordinance.
Section 5: This ordinance and large scale FLUM amendment shall take effect as provided in th
ity Charter and Chapter 163, Florida Statutes.
he foregoing Or&ih .r No 911-05 was read and passed on the first reading in an open an
regular meeting of the C�t�r`Council of the City of Zephyrhills, Florida, on this 13th day o
December, 2004: .;
ttest. '
L'ni Do,..;CityoClerk lyde C. Bracknell, Council President
C.
0
'he for going_Ordinance No. 911-05 was read and passed on the second reading, following
public heaking,i iaaiopen and regular meeting of the City Council of the City of Zephyrhills
lorida, o' this l0 daa%f January, 2005
Linda .-Boan, CifClerk <z, ;i C de C. Bracknell, Council President
he foregoin Oi1ance No. 911-05 was approved by me this 10th day of January, 2005.
W. Cliff MOuffie, M
Approve s t gal f and legal content
arla S. Owens, rty Attorney
EXHIBIT "A"
DESCRIPTION: (PARCEL "B")
A TRACT OF LAND LYING IN SECTION 24 AND SECTION 25, TOWNSHIP 26 SOUTH,
RANGE 21 EAST, PASCO COUNTY, FLORIDA, BEING ALSO A PORTION OF TRACTS
1 AND 2, TRACT 3, TRACT 4A, TRACT 13A, AND A PORTION OF TRACTS 14, 1.5 AND 9A,
CRYSTAL SPRINGS COLONY FARMS AS RECORDED IN PLAT BOOK 2, ON PAGE 24
OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, BEING ALSO A PORTION
OF TRACTS 108, 117 AND 124, ZEPHYRHILLS COLONY COMPANY, AS RECORDED IN
PLAT BOOK 1, ON PAGE 55 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF, SECTION 24 SAID POINT ALSO BEING
THE NORTHEAST CORNER OF SECTION 25, TOWNSHIP 26 SOUTH, RANGE 21 EAST,
PASCO COUNTY, FLORIDA, FOR A POINT OF BEGINNING, THENCE S0014'44"W,
ALONG THE EAST BOUNDARY OF SECTION 25, 615.00 FEET, MORE OR LESS, TO A
POINT IN THE CENTERLINE OF THE HILLSBOROUGH RIVER; THENCE N 5004'07"W,
ALONG SAID CENTERLINE, 129.94 FEET; THENCE N0014'44"E ON A LINE 100.00
FEET WEST OF AND PARALLEL WITH THE EAST BOUNDARY OF SAID SECTION 25 AND
THE NORTHERLY EXTENSION THEREOF A DISTANCE OF 684.00 FEET; THENCE
S4956'29"W A DISTANCE OF 2449.94 FEET�TO A POINT OF INTERSECTION WITH
THE EASTERLY RIGHT OF WAY LINE OF THE 'C.S.X. RAILROAD RIGHT OF WAY; THENCE
N25'23'03"W, ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF
2328.47 FEET TO A POINT ON THE SOUTH BOUNDARY OF TRACT 108, ZEPHYRHILLS
COLONY COMPANY, AS PER MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 1, PAG
55 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA; THENCE S8953'28"E,
ALONG THE SOUTH BOUNDARY THEREOF-A DISTANCE OF 112.84 FEET; THENCE
NOO'23'09"E, ALONG A LINE 208.70 FEET WEST OF AND PARALLEL WITH THE
EAST BOUNDARY OF SAID TRACT 108 A DISTANCE OF 208.70 FEET; THENCE
S89'53'28"E, ALONG A LINE 208.70 FEET NORTH OF AND PARALLEL WITH THE
SOUTH BOUNDARY OF SAID TRACT 108 A DISTANCE OF 223.70 FEET TO A POINT OF
INTERSECTION WITH THE WEST BOUNDARY OF THE SOUTHWEST 1/4 OF THE SOUTHER T
1/4 OF SECTION 24, TOWNSHIP 26 SOUTH, RANGE 21 EAST; THENCE N0023'09"E,
ALONG SAID WEST BOUNDARY A DISTANCE OF 451.70 FEET TO THE NORTHWEST COR ER
OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 24; THENCE
N0022'55"E, ALONG THE WEST BOUNDARY OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 24, A DISTANCE OF 388.02 FEET; THENCE
S8940'43"E, ALONG THE NORTH BOUNDARY OF THE SOUTH 388.0 FEET OF
THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 24 AND ALONG THE
SOUTH BOUNDARY OF THE EMERALD POINTE RV RESORT PHASE ONE, AS RECORDED IN
PLAT BOOK 34, ON PAGES 87 THROUGH 90, OF THE PUBLIC RECORDS OF PASCO C UNTY,
FLORIDA, AND ALONG THE SOUTH BOUNDARY OF THE EMERALD POINTE RV RESORT
PHASE THREE, AS RECORDED IN PLAT BOOK 38, ON PAGES 7 THROUGH 11, OF THE
PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, A DISTANCE OF 1318.41 FEET; THEN E
N0027'57"E A DISTANCE 75.49 FEET; THENCE S8944'14"E, ALONG THE NORTH
BOUNDARY OF THE SOUTH 14/40th OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/ OF
SAID SECTION 24,. A DISTANCE OF 1318.37 FEET TO A POINT OF INTERSECTION WITH
THE EAST BOUNDARY OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SEC ION
24; THENCE SOO'14'48"W, 463.84 FEET TO,THE SOUTHEAST CORNER OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 24; THENCE
S0016'15"W, 1325.34 FEET TO THE POINT'OF OF BEGINNING.
CONTAINS 1.50.0 ACRES, MORE OR LESS.
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