HomeMy WebLinkAbout925-05 Golf View Cottages at Silver Oaks Rezoning = - - !111111 III!I IILII IIIII illll 11111 11111 11111 11111 ll ll 1111 Ilil
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t Rcpt: 907623 Rec: 44.0
ORDINANCE NO.: 925-05 DS- 000 IT: 0.00
07/28./05 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 j ZONING CATEGORY AC
(AGRICULTURAL) 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. (GOLF VIEW)
EREAS, Golf View Cottages at Silver Oaks, LLC, a New Jersey Limited Liabili
orporation, the owner of land hereinafter described in Section 2 below, did petition on the 15t
ay of March, 2005 for the rezoning of said land; and
HEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a publi
hearing on June 14, 2005 to consider said proposed rezoning; and
EREAS, the City Council has been given authority by the State of Florida pursuant t
hapters 166 and 163, Florida Statutes, to rezone property within the City limits upon receipt o
'vfrritten consent of the land owner, together with the approval of the City Council of sai
r zoning duly expressed by Ordinance; and
REAS, the City Council has determined that the PUD, Planned Unit Development zonin
category 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 OF
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 JED 8/05 N PASC0 COUNTY CLERK
07/28/05 1�:59am 1 0 5
OR BK 6499 PG 1 9
PARCEL I.D.NO. 04-26-21-0000-00300-0010
9.907acres m.o.l.
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 shall convey in fee simple to the association for ownership an
maintenance, all open space, drainage areas, common areas, landscape areas
wetland areas, buffer areas, prese l ation/conservation areas, and other specia
purpose areas unless the said area(s) are required to be dedicated to anothe
governmental entity. Recreation areas and neighborhood parks shall be conveye
to the association. Prior to approval of the final plat, the homeowners'
association, documents, including Articles of Incorporation with proof of filin
with the Secretary of State, restrictive covenants, and all exhibits, shall b
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. All wetlands and adjoining buffer, conservation/preservation areas and wildlife
habitat/corridor areas shall be placed under a perpetual conservation easement i
favor of SWFWMD. Prior to record plat submittal, the developer shall submi
one (1) copy of the executed and, recorded conservation easement in a form
Record and I eturn to:
City Clerk's ffice
5335 8th Street
Zephyrhills, IL 33542
OR BK 6499 PG 170
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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.
3. In addition to these PUD conditions of approval, the developer shall comply with
all City of Zephyrhills ordinances including but not limited to site plan review,
drainage requirements and impact fee ordinances, as amended.
4. In the event ordinances/resolutions are subsequently adopted by the City Council
including, but not limited to, drainage, utilities, library and public safety impact
fees or others, the developer shall be required to comply with same.
5. 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. The developer shall prepare and submit
an engineered traffic study prior to construction plan approval.
6. The developer shall obtain a right-of-way use permit from the appropriate entity
prior to access/driveway connection, and shall comply with all provisions of the
Pasco County Access Management Ordinance as applicable. Prior to approval of
the final plat, the developer shall bond or construct all transportation.
improvements identified herein or upon submittal of a traffic study. All streets,
including associated stormwater inlets and sanitary sewer manhole rims shall be
constructed at or above the 100 year flood elevation.
7. The traffic study to be submitted by the developer assumes'91 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.
8. Developer shall provide a connection point for an inter.-neighborhood street
connection to adjoining properties.
9. 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.
10. 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.
11. Developer shall comply with all requirements of the City's Fire Hydrant
Ordinance.
12. Development shall be in accordance with the Preliminary Development Plan
dated March 4, 2005. The approved uses and conditions of approval are as
follows:
a. Maximum 91 single-family lots (actual density and lot layout may. be
modified based on final engineering design).
b. Minimum Lot Sizes shall be 55 lots @ 55' x 110' and 36 lots @ 65' x 120'.
c. Setbacks:
Front 20 ft.
Side 7.5 ft.
. OR BK 6499T4
PG 1
3 of 5
Rear 15 ft.
d. Prior to Construction Plan approval, developer and City shall come to
agreement as to the recreation amenities to be provided for within'she propert
pursuant to Ordinance #904-04 adopted by the City. The amenities ma
include but shall not be required to include a fire station, communit
recreation center, swimming pool, restroom facilities, picnic area, multi
purpose sports field and/or playground equipment. Park property an
amenities shall meet the City's adopted LOS for parks and open space.
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.
The developer shall maximize the buffer area along the north side of th
property and coordinate same with neighboring property owners.
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, i
applicable.
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.
13. Unless required elsewhere within the conditions of approval, all conveyances t
the homeowners' association required pursuant to this rezoning shall occur prio
to the issuance of the first certificate of occupancy in a form acceptable to th
City Attorney, and excluding any homeowners' association restrictions o
encumbrances shall be free and clear of all liens and encumbrances.
14. The re-zoning request and preliminary plans have been reviewed by staff an
deemed consistent with the Land Development Code, the Comprehensive Pl
and the levels of service requirements and a compliance certificate will be issue
by the City of Zephyrhills upon fin a1 approval of this ordinance.
ection 3: All ordinances or parts of ordinances in conflict herewith be, and the same, ar
hereby repealed to the extent of such conflict.
ection 4: That if any section, sentence, clause, o 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
¶ie validity of the remaining portions of this ordinance.
ection 5: This ordinance shall take. effect as provided in the City Charter and Chapter 163
lorida Statutes.
• E OR BK 6499 PG 172
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The foregon tidx�.iv� ce No. 925-05 was read and passed on the first reading in an open and
regular meting of the CitysCouncil of the City of Zephyrhills, Florida, on this 11th day of July,
2005.` . `
t Cy � `
Attest
J ___________
Ida D:\3oa , Cit cClerk Cathi L. Compton, Council President
The foregoing Ordinance.No. 925-05 was read and passed on the second reading, following a
public hearirgp; "an.open and regular meeting of the City Council of the City of Zephyrhills,
FloridaC4nhhis-25`.as"of July, 2005.
Ate ________ I
`s''t
Lind 'D. Boan, Cit i Clerk Cathi L. Compton, Council President
The fore ii Oi l4n ukce No. 925-05 was approved by me this 25th day of July, 2005.
W. Clif cDuffie, ayor
Approv dXtoal form d legal content
aria S. Owens, City Attorney
} f EXHIBIT cc A»
OR 8K.
64 � PG 173
5 of 5
( ARCEL 2) BEGIN at the Southwest corner of the Northeast 1/4 of the Southwest 1/4 of Section 4, Towns p 28 South,
R ge 21 East, Pasco County, Florida; thence run N.02.17'168"E., along the West boundary of the Northeast 1 4 of the
S uthwest 1/4 of said Section 4, a distance of 1328.82 feet to the Northwest corner of the Northeast 1/4 f the
S uthwest 1/4 of said Section 4; thence N.03'26'60"E., along the West boundary of the South 1/2 Of the So theast 1/4
o the Northwest 1/4 of said Section 4, a distance of 664. 52 feet to the North boundary of the South 1/ of the
S utheast 1/4 of the Northwest 1/4 of said Section 4; thence along said North boundary, S.89'38'21"E.r a stance of
8 2.6'feet; thence S.0241'02"W., a distance of 1991.52 feet to the South boundary of the Northeast 1/4.of he Southwest
1 4 of said Section 4; thence along said South boundary N.89.45'29"W., a distance of 652.5 feet to the PO OF
B GINNING.
C ntaining 29.907 acres more or less.
1