Loading...
HomeMy WebLinkAbout928-05 W. Parkinson Myers/Jeter Rezoning I11111111111111111111111111111111111I1111111111I111!Mill! 2005153521 Rcpt: 907623 Rec: 35.50 ORDINANCE NO.: 928-05 DS: 0.00 I T: 0.0 07/28/05 Dpt 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 R-2 (LOW DENSITY RESIDENTIAL) TO CITY ZONING CATEGORY R-4 (MULTI-FAMILY RESIDENTIAL) IN ACCORDANCE WITH THE PROVISIONS OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. (DETER-MEYERS PROPERTY) JED PITTMAN PASCO COUNTYCLERK 07/28/05 10:59am 1 of 4 OR BK 6499 PG 174 EREAS, W. Parkinson Myers, the owner of land hereinafter described in Section 2 below id petition for rezoning of said land; and VHEREAS, 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 itten consent of the land owner, together with the approval of the City Council of sai r zoning duly expressed by Ordinance; and HEREAS, due public notice of hearing on the proposed rezoning was given by the Cit Council on July 14, 2005 and July 21, 2005, as required by the Zephyrhills Land Developmen ode, as amended, and Chapters 163 and 166, Florida Statutes; and HEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a publi earing on June 14, 2005 to consider said proposed rezoning; and EREAS, the City Council has determined that the R-4 (Multi-Family Residential) zonin ategory 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 ARCEL I.D.NO.: 03-26-21-0010-01400-0000 6.378 acres m.o.l. e and the same is hereby rezoned and included within the boundaries of the City of Zephyrhills lorida subject to the following conditions: 1. Development shall be in accordance ;with the application, plans, and informatio submitted by the developer unless otherwise stipulated or modified herein. 2. Prior to construction plan approval, the developer shall submit an environments report including but not limited to accurate wetland jurisdictional lines. Such line shall be used to determine appropriate town-home placement. Any wetlands an adjoining buffer, conservation/preservation areas shall be depicted as an easemen and deeded for ownership and maintenance to an entity other than the City o Zephyrhills. Prior to record plat submittal, the developer shall submit one (1) cop of the executed and recorded easement in a form acceptable to the City Attorney, t the Zephyrhills Planning Director. Record and Return to: City Clerk's 9ff1ce 5335 8th Street Zephyrhills, L 33542 ! v OR BK 6499 PG 175 2 of 4 3. A landscaping and buffering plan in accordance with the Zephyrhills Land Development Code shall be provided and approved prior to record platting. 4. The developer shall create a mandatory property owners' 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 but not limited to site plan requirements, impact fee ordinances, and the pending town-home standards. 6. In the case of private streets, dedication and maintenance shall be to an appropriate entity other than the City of Zephyrhills. 7. The developer shall obtain a Pasco County right-of-way use permit prior to connection to either Fort King Road or Daughtery Road. In addition, the developer shall comply with the Pasco County Access Management Ordinance, as amended. Right-of-way dedication and off-site improvements south along the east side of Fort King Road shall be coordinated and approved by Pasco County. 8. 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. 9. Development shall occur in accordance with Article V, Concurrency Management System of the Land Development Code. 10. The developer shall submit a transportation study for review by the site plan review committee prior to construction plan approval. Prior to approval of the final plat, the developer shall construct all transportation improvements required by the site plan review committee. 11. The applicant shall be responsible to satisfactorily address existing drainage issues as part of the site development process. Specifically, prior to construction plan approval, the developer shall submit a stormwater management plan in accordance with the Zephyrhills Land Development Code and Code of Ordinances. Stormwater construction must be in conformance with site plan review committee requirements and SWFWMD open and closed basin requirements, whichever basin is applicable. Section 3: All ordinances or parts of ordinances in conflict herewith be, and the same, are 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 invalid or 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 ordinance and large scale FLUM amendment shall take effect as provided in the City Charter and Chapter 163, Florida Statutes. • OR eK X499 pc 176► 3 of 4 he foregoi g ® dr4khhq,No. 928-05 was read and passed on the first reading in an open an egular meettiirig of the City' ouncil'of the City of Zephyrhills, Florida, on this 11th day of July 005. + ttest La idd:.. ` Boar,' Cityt�lerk athi L. Compton, Council President / to t:r C� UPa11 he foregoing.Ordinance No 928-05 was read and passed on the second reading, following ublic hearing 1 in-an open and regular meeting of the City Council of the City of Zephyrhills lorida,t,m tl i t , y of July,2005. Attesf: ____ (3 2 ( & ' = Lire D 13o , City,Clerk Cathi L. Compton, Council President he fo9eg�ing Ordi`n*eNo. 928.05 was approved by me this 25th day of July, 2005. W. Cli Duffi , ayor Approve to al f ad legal content aria S. Owens, City Attorney - I EXHIBIT "A" OR BK 6499 PG 177 4 of 4 DESCRIPTION: A PORTION OF TRACTS 2. 14. 19 AND� 30: AND ALL OF TRACTS 15. 18 AND 31 IN ZEPHYRHILLS COLONY COMPANY LANDS SUBDIVISION OF SECTION 3. TOWNSHIP 26 SOUTH. RANGE 21 EAST AS SHOWN ON MAP RECORDED IN PLAT BOOK 2. PAGE 6 IN THE PUBLIC RECORDS OF PASCO COUNTY. FLORIDA DESCRIBED AS FOLLOWS: COMMENCE AT � THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3. THENCE ALONG THE WEST LINE THEREOF RUN S-0009 35 -E. 25.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF DAUGHTER? ROAD. THENCE ALONG SAID LINEN- 895802 -E. 25.00 FEET TO A POINT 10.00 FEET EAST OF •THE WEST LINE OF TRACT 2. FOR A POINT OF BEGINNING: THENCE CONTINUE N-89' 58'02'- E. 120.00 FEET. THENCE S-00'09'35]-E. 305.27 FEET TO THE NORTH LINE OF TRACT 15. THENCE ALONG SAID LINE S-89.5828 -E. 517.22 FEET TO THE NORTHEAST CORNER OF TRACT 15. THENCE ALONG THE EAST LINE OF TRACTS 15. IS AND 31 . S-00' 12'20';E. 991 .86 FEET TO THE SOUTHEAST CORNER.OF TRACT 31 . THENCE ALONG THE SOUTH LINE OF TRACTS 31 AND 30. N-89'52'25'-W. 919.81 FEET TOITHE EASTERLY RIGHT-OF=WAY LINE OF FORT KING HIGHWAY. THENCE ALONG SAID LINE N-25'26' I2'-W. 753.20 FEET. THENCE CONTINUE ALONG SAID LINE N-64'33'48'-E. 95.00 FEET. THENCE CONTINUE ALONG SAID LINE N=25'26' 12'-W. 245.00 FEET. THENCE CONTINUE ALONG SAID LINE N- 19.5554 -W. 51 .22 FEET TO THE NORTH LINE OF TRACT 14. THENCE ALONG SAID LINE S-89.5828 -E. 639.44 FEET TO A POINT 10.00 FEET EAST OF THE SOUTHWEST CORNER OF TRACT 2. THENCE N-00'09'35'-W. 305. 15 FEET TO THE POINT OF BEGINNING: CONTAINING 26.378 ACRES MORE OR LESS.