HomeMy WebLinkAbout929-05 Siblings LLC Future Land Use and Rezoning EXHIBIT i'B" OR BK 6736 PG 326
7 of 11
ORDINANCE NO.: 929-05
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA
APPROVING A LARGE SCALE FUTURE LAND USE MAP
AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN; CHANGING
THE FUTURE LAND USE MAP DESIGNATION FOR THE TERRITORY
HEREINAFTER DESCRIBED FROM COUNTY FUTURE LAND USE
MAP DESIGNATION RES-6 (6 du/ga) TO CITY FUTURE LAND USE
MAP DESIGNATION RS (RESIDENTIAL SUBURBAN), CONSISTENT
WITH THE GOALS, OBJECTIVES, AND POLICIES OF THE ADOPTED
COMPREHENSIVE PLAN, AS REQUIRED BY THE GROWTH
MANAGEMENT ACT OF 1985; AMENDING THE ZEPHYRHIILLS LAND
DEVELOPMENT CODE TO CHANGE THE ZONING . ON LAND
HEREINAFTER DESCRIBED FROM COUNTY ZONING CATEGORY
PUD (PLANNED UNIT DEVELOPMENT) 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. (SIBLINGS LLC)
HEREAS, Siblings LLC, the owner of land hereinafter described in Section 2 below, did
p tition on the 27th day of April, 2005 for the future land use map designation and rezoning of
said land; and
WHEREAS,the City Council approved the annexation of said land within the corporate limits of
th City on March 14, 2005; and
WHEREAS, the City Council of Zephyrhills, Florida, has been given authority by the State of
Fl rida pursuant to Chapter 163, Florida Statutes, to amend the Future Land use map of the
C'ty's territorial boundaries upon receipt of written consent of the land owner, together with the
approval of the City Council of said Future Land Use (FLUM) map Amendment duly expressed
by Ordinance: and
HEREAS, the City Council has been given authority by the State of Florida pursuant to
C apters 166 and 163, Florida Statutes, to property within the City limits upon receipt of written
c nsent of the land owner, together with the approval of the City Council of said rezoning duly
e pressed by Ordinance.; and
HEREAS, due public notice of hearing on the proposed FLUM amendment and rezoning was
given by the City Council on November 4, 2005, as required by the Zephyrhills Land
Development Code, as amended, and Chapters 163 and 166, Florida Statutes; and
Wi EREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a public
hearing on June 14, 2005 to consider said proposed rezoning and FLUM; and
WHEREAS,the City Council agrees to formal adoption of a large scale amendment to the Future
Land Use map of the Zephyrhills Comprehensive Plan and a rezoning to designate and zone the
subject property consistent with the adopted Land Development Code and the goals, objectives
and policies of the City of Zephyrhills Comprehensive Plan; and
WHEREAS, the City Council has determined that the RS (Residential Suburban) land use
designation and the PUD (Planned Unit Development) zoning category would be appropriate,
would promote the general welfare, and encourage proper development within the City.
N W, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF
Z PHYRHILLS, FLORIDA, AS FOLLOWS:
Se tion 1: The above Whereas clauses are hereby adopted and incorporated herein.
Section 2: The following described lands, lying andl being situated in Pasco County,to wit:
OR BK 6736 PG 327
8 of 11
SEE EXHIBIT "A" ATTACHED HERETO
PARCEL I.D. NOS.: 35-2521-0010-03500-0000; 35-25-21-0010-03600-0000; 35-25-21-0010-
05200-0000; and 35-25-21-0010-04600-0000
37.17 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. The developer acknowledges that any provisions of Zephyrhills ordinances not
specifically waived shall be in full force and effect.
2. This project is subject to the Zephyrhills New Development Fair Share Contribution for
Road Improvements Ordinance, the School Impact Fee Ordinance, the Parks and
Recreation Impact Fee Ordinance, the Law Enforcement Impact Fee Ordinance and
Water and Sewer Impact Fee Ordinance. In the event an ordinance is adopted by the City
Council establishing an impact fee for the purpose of funding libraries or other services,
the developer shall be required to pay the fee pursuant to that ordinance.
3. All streets within the project shall be private streets built to current Zephyrhills standards
for width, subgrade, thickness and curbing. However, in no instance shall roadway
standards be less than those required by the Manual of Uniform Minimum Standards,
State of Florida. All streets shall be depicted as a.tract and conveyed to the homeowners'
association for maintenance. All streets, driveways, and lift stations.shall be constructed
at or above the 100-year storm level. No inverted crowns shall be used. All construction
work, including roads, drainage, and utilities, shall be constructed in accordance with
Zephyrhills design standards.
4. The developer shall submit a transportation/traffic study addressing the projected traffic
impact of the project, concurrency, and all recommended roadway improvements
associated with the subject property and the adjoining roadway network. Planned
improvements in this area include the extension of Otis Allen from Wire Road west to
US 301, and the extension of Dairy road north from Pretty Pond Road. The developer
shall dedicate right-of-way along Wire Road to the appropriate governmental entity for
future roadway improvement.
5. The developer shall install all driveway cuts to local streets and not collector streets. The
developer acknowledges that the rear of lots abutting Wire road and the area abutting
Street will have vehicular access rights dedicated to the appropriate governmental entitiy.
Vehicular access rights shall be dedicated to the appropriate governmental entity
concurrent with final record platting for the development along the rear lots abutting
Wire road, 16"' Street, Pretty Pond Road, and along the rear of all double-frontage lots
that abut non-local roads within or adjoining the project.
6. All construction within County right-or-way will require a right-of-way use permit from
Pasco County. In addition, the developer shall demonstrate compliance with the Pasco
County Access Management Ordinance, if applicable.
7. The developer-shall connect to the City of Zephyrhills central water and-sewer system
and shall pay such impact connection charges as applicable at that time.
8. Tree removal shall be in compliance with the requirements of the Zephyrhills Land
Development Code. A tree removal plan shall be submitted and approved by the site plan
review committee prior to construction plan approval. No site clearing or grubbing shall
commence on the subject property until all required tree protection barricades have been
installed and approved by the City's Planning Director.
9. Landscaping and buffering shall be constructed in compliance with the requirements of
the Zephyrhills Land Development Code. A landscape plan shall be submitted and
approved by the site plan review committee prior to construction plan approval.
OR BK 6736 PG 328
9 of 11
10. If, during construction activities, any evidence of historic resources is discovered, wor
shall come to an immediate stop and the Florida Department of historic Resources an
the City of Zephyrhills shall be notified within two working days of the resources found
on the site.
11. If any known endangered and/or threatened species are found on site, the developer shal
immediately stop work and submit to the City a copy of the approved federal, state o
other regulatory permit, or, if no permit has been issued,then the developer shall submit
copy of the application submitted prior to further site development.
12.No fill shall be placed with the 100-year flood plain designation unless compensatin
volume to mitigate the fill is provided on-site or off-site within the same basin an
reviewed and approved by the site plan review committee. An engineered lot gradin
plan shall be submitted for review prior to construction plan approval.
13. Prior to construction plan approval, the developer shall submit a stormwater managemei
plan in accordance with the Zephyrhills Land Development Code and Code o
Ordinances. Stormwater construction must be in conformance with site plan revie
committee requirements and SWFWMD open or closed basin requirements, whicheve
basin is applicable.
14. Bicycle and pedestrian ways shall be established in accordance with the City o
Zephyrhills Park Impact Fee Ordinance. Sidewalks shall be provided along both sides of
all internal streets. Curb ramps are required at all intersections of curbs and sidewalk ,
and shall be constructed in conformance with the uniform Federal Accessibilit
Standards published by the General Services Administration, Department of Housing an
Urban Development, Department of Defense, and United States Postal Servic .
Sidewalks shall be constructed prior to issuance of a certificate of occupancy to i s
corresponding dwelling unit. Along non lot areas, sidewalks shall be constructed with
the infrastructure improvements to provide an uninterrupted sidewalk network throughout
the subdivision including along Pretty Pond road to connect to future retail further to the
west along US 301. Maintenance of sidewalks shall be the responsibility of the
homeowners' association or some entity other than the City of Zephyrhills.
15. The developer shall control all fugitive dust originating form the project site and sha 1
indicate on the construction drawings the manner in which fugitive dust is to 1 e
controlled. Further, all retention pond side slopes and their associated swales shall be
sodded to prevent soil erosion.
16. The developer shall provide fire protection in compliance with the City of Zephyrhil s
Code of Ordinances and land Development Code-. The developer.shall show hydrant si e
locations on the construction plans. Raised pavement markings shall be installed.
17. The project must receive final plat approval prior to issuance of the first Certificate f
Occupancy.
18. Prior to platting, the developer shall submit all necessary state and federal permi s
including, but not limited to, dredge and fill, surface water,water distribution, wastewat r
collection, and reclaimed water, if applicable, from the appropriate agencies. The peru it
.shall include the copies of the actual permit itself and all drawings that are approved y
the respective regulatory agency.
19. All open space, drainage areas, retention and detention ponds, recreation areas, comm n
areas, buffer areas, and preservation areas shall be record platted as tracts and/ r
easements and shall be conveyed to a mandatory homeowners' association. Maintenan c e
responsibility will be that of the association.
20. The developer shall create a mandatory homeowners' association in the form of a no -
profit corporation registered with the Secretary of State, State of Florida, and sh 11
provide for the maintenance of all open space, drainage areas, common areas, buff r
areas, preservation areas, recreation areas, and other special purpose areas by the sa d
association. Prior to platting, homeowners' documents, including Articles f
OR BK 6736 PG ,529
10 of 11
Incorporation with proof of being filed with the Secretary of State, State of florida,
restrictive covenants, and all exhibits, shall be submitted to the Planning Director for
review along with copies of instruments to be used to convey the above-mentioned areas
to the said association.
21. All areas designated as SWFWMD, Florida Department of Environmental Protection
(FDEP), or army Corps of Engineers jurisdiction on the preliminary plan subject to any
SWFWMD, FDEP, or Army corps of Engineers required and/or approved mitigation
adjustments shall be recorded on the record plat as preservation areas. The bearings and
distances of the jurisdictional lines shall be so denoted on the plat. Within these areas,
there shall be no construction, clearing, filling, or improvements of any kind unless
appropriate permits have been obtained allowing wetland encroachment.
22. The developer shall provide streetlights along all internal collector roads and local streets.
A streetlight plan shall be submitted for review prior to construction plan approval.
23. The developer shall develop the project sequentially according to the numbered tracts as
shown on the preliminary plan. Platting of subphases, or phasing other than as shown on
the preliminary plan shall require further approval by the site plan review committee.
The project shall be developed in conformance with all approved
preliminary/construction plans or plats previously approved by Pasco County.
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 take effect as provided in the City Charter and Chapter 163, Florida
Statutes. b .
The foregoingD'r�iinanccNo. 929-05 was read and passed on the first reading in an open and
regular meeting''of the City'"Council of the City of Zephyrhills, Florida, on this 11°i day of July,
2005. �n
Attests 1. �t� 2
C
5 } Linda D. .oaf;City terk Cathi L. Compton, Council President
�u14 ,
he for,,egoing„Ordinance No 929-05 was read and passed on the second reading, following a
publchearjg,2ri tM peen and regular meeting of the City Council of the City of Zephyrhills,
Florida; pih tllig'14t>diy.q�November,,2005.
Atte t: C�A/L �,( h
-cLinda Boa'n,City Clerk ° Cathi L. Compton, Council President
The foregoing BrtMntnne-No. 929-05 was approved by me this 14th day of November, 2005.
Y �
e '
W. Cliff 'dDu fie, M r
App ed o form and legal content
Karla S. Owens, City Attorney
OR BK 6736 PG 30
EXHIBIT "A„ 11 of 11
to Ordinanle 929-05
DESC IPTION (Per Official Records Book 5999, Page 1855, Pasco County, Flori a):
Tracts 35, 36, 45, 46, 51, 52, 61 and 62, in Section 35, Township 25 South, Range 21 East, asco
County Florida, Zephyrhills Colony Company Lands, according to plat thereof recorded in Pl t
Book , Page 6, Public Records of Pasco County, Florida.
LESS t e South 15.00 feet of Tracts 61 and 62 for additional right of way for Pretty Pond oad.
Togeth r with that vacated portion of a 30 foot wide Platted right of way as described in
Official Records Book 5757, Page 239 of the Public Records of Pasco County, Florida.
All the, above being more particularly described as follows:
Comm4nce at the Northeast corner of the Southwest 1/4 of the Northeast 1/4 of Section 3 ,
Towns1.ip 25 South, Range 21 East, Pasco County, Florida; thence S.89°21'04"W., along the No th
boundary of the Southwest 1/4 of the Northeast 1/4 of Section 35, a distance of 15.00 feet to
the POINT OF.BEGINNING;.thence S.00°19'19"E., 15 feet West of and parallel to the East boun ary
of the Southwest 1/4 of the 'Northeast 1/4 of'Section 35, a distance of 1296.46 feet to a p int
on th North right of way line of Pretty Pond Road; thence S.88°16'10"W., along said North fight
of wa line, a distance of 1305.30 feet to a point 70.0 feet from the centerline of Wire Ro ;
thence N.00°04'46"W., 70 feet East of and parallel with said centerline, a distance of 1298.3 feet
to a oint on the North boundary of the Southwest 1/4 of the Northeast 1/4; thence
N.89°2 "04"E., a distance .of 1299.79 feet to the POINT OF BEGINNING.
LESS t e following described tract:
Comm nce at the Northeast corner of the Southwest 1/4 of the Northeast 1/4 of Section 3
Towns p 25 South, Range 21 East, Pasco County, Florida; thence S.89°21'04"W., along the No th
bound of the Southwest 1/4 of the Northeast 1/4 of said Section 35, a distance of 15.0
feet; t ence S.00°19'19"E., 15 feet West of and parallel to the East boundary of the Southwe t
1/4 of the Northeast 1/4 of Section 35., a distance of 663.23 feet to the Southeast corner f
Tract 6; thence S.89°18'37"W., along the South boundary of said Tract 46, a distance of 53 .80
feet t the POINT OF BEGINNING; thence continue S 89°18'37"W., a distance of 215.00 feet; th nce
N.00°2 '38"W., a distance of 277.88 feet; thence N.89°19'51"E., 215.00 feet; thence S.00°21 36'E ,
277.80 feet to the POINT OF BEGINNING.
Subjec to an easement for ingress and egress and utilities over and across the following: he.
West 0.00 feet of the East 53.00 feet of Tracts 52 and 61, Zephyrhills Colony Company L ds in
Sectio 35, Township 25 South, Range 21 East, as recorded in Plat Book 2, Page 6, Public
Recor s of Pasco County, Florida.
Re-re ord to include „Exhibit '-'A" II�IIIIII�II1111I11I�III11111111111 II�IIIII IIIII�II
2005248613
Rcpt: 944950 ec: 35.50
IT: 0.00
ORDINANCE NO.: 929-05 D 1/22/05 opty Clerk
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA ! -_
APPROVING A LARGE SCALE FUTURE LAND USE MAP
AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN; CHANGING
THE FUTURE LAND USE MAP DESIGNATION FOR THE TERRITORY �-
HEREINAFTER DESCRIBED FROM COUNTY FUTURE LAND USE
MAP DESIGNATION RES-6 (6 du/ga) TO CITY FUTURE LAND USE
MAP DESIGNATION RS (RESIDENTIAL SUBURBAN), CONSISTENT
WITH THE GOALS, OBJECTIVES, AND POLICIES OF THE ADOPTED
COMPREHENSIVE PLAN, AS REQUIRED BY THE GROWTH
MANAGEMENT ACT OF 1985; AMENDING THE ZEPHYRHILLS LAND
DEVELOPMENT CODE TO CHANGE THE ZONING . ON LAND _=
HEREINAFTER DESCRIBED FROM COUNTY ZONING CATEGORY
PUD (PLANNED UNIT DEVELOPMENT) 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. (SIBLINGS LLC)
oD
cJ c;'o
HEREAS, Siblings LLC, the owner of land hereinafter described in Section 2 below, di Ln
p tition on the 27th day of April, 2005 for the future land use map designation and rezoning o
skid land; and !
�o
EREAS, the City Council approved the annexation of said land within the corporate limits o o
the City on March 14, 2005; and
+HEREAS, the City Council of Zephyrhills, Florida, has been given authority by the State o
Florida pursuant to Chapter 163, Florida Statutes to amend the Future Land use map of the
ity's territorial boundaries upon receipt of written consent of the land owner, together with the
a proval of the City Council of said Future Land Use (FLUM) map Amendment duly expressed
b Ordinance: and
Nv
HEREAS, the City Council has been given authority by the State of Florida pursuant to '
hapters 166 and 163, Florida Statutes, to property within the City limits upon receipt of written e-4
c nsent of the land owner, together with the approval of the City Council of said rezoning duly cR�
e pressed by Ordinance; and ; �wZ
HEREAS, due public notice of hearing on the proposed FLUM amendment and rezoning was
g ven by the City Council on November 4, 2005, as required by the Zephyrhills Land
evelopment Code, as amended, and Chapters 163 land 166, Florida Statutes; and " c
Z
HEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a public I-°�
h aring on June 14, 2005 to consider said proposed rezoning and FLUM; and !(J10'
HEREAS, the City Council agrees to formal adoption of a large scale amendment to the Future
Land Use map of the Zephyrhills Comprehensive Plan and a rezoning to designate and zone the
s bject property consistent with the adopted Land Development Code and the goals, objectives
d policies of the City of Zephyrhills Comprehensive Plan; and
HEREAS, the City Council has determined tliat the RS (Residential Suburban) land use
d signation and the PUD (Planned Unit Development) zoning category would be appropriate,
ould 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:
JED PITTMAN PASC0 NT CLERK
11/22/05 11:27am c
Record and Return to: , OR BK �� � PG 1
City Clerk'sffi Oce
5335 8th St Street 1
Zephyrhills FL 33542
I
OR BK 6707 PG 1504
2 o'14
SEE EXHIBIT "A"ATTACHED HERETO
PARCEL I.D. NOS.: 35-2521-0010-03500-0000; 35-25-21-0010-03600-0000; 35-25-21-0010-
05200-0000; and 35-25-21-0010-04600-0000
37.17 acres m.o.l.
be and the same is hereby rezoned and included within the boundaries of the City of Zephyrhills,
Florida, subject to the following conditions:
1. The developer acknowledges that any provisions of Zephyrhills ordinances not
specifically waived shall be in full force and effect.
2. This project is subject to the Zephyrhills New Development Fair Share Contribution for
Road Improvements Ordinance, the School Impact Fee Ordinance, the Parks and
Recreation Impact Fee Ordinance, the Law Enforcement Impact Fee Ordinance and
Water and Sewer Impact Fee Ordinance. In the event an ordinance is adopted by the City
Council establishing an impact fee for the purpose of funding libraries or other services,
the developer shall be required to pay the fee pursuant to that ordinance.
3. All streets within the project shall be private streets built to current Zephyrhills standards
for width, subgrade,: thickness and curbing.. However, in no instance shall roadway
standards -be;less than those required by the:Manual of Uniform Minimum Standards,
State:of Florida. All streets shall be-depicted as a.tract and conveyed to the homeowners'
association for maintenance. All streets, driveways, and lift'stations shall be constructed
at or above the 100-year storm level. No inverted crowns shall be used:All construction
work, including roads, drainage, and utilities, shall be constructed in accordance with
Zephyrhills design standards.
4. The developer shall submit a transportation/traffic study addressing the projected traffic
impact of the project, concurrency, and all recommended roadway improvements
associated with"the- subject property and Theadjoining roadway network. . Planned -
improvements in this area include the extension of Otis Allen from Wire Road west to
US 301, and the extension of Dairy road north from Pretty Pond Road. The developer
shall dedicate right-of-way along Wire Road to the appropriate governmental entity for
future roadway improvement.
5. The developer shall install all driveway cuts to local streets and not collector streets. The
developer acknowledges that the rear of lots abutting Wire road and the area abutting 16$'
Street will have vehicular access rights dedicated to the appropriate governmental entitiy.
Vehicular access- rights shall be dedicated to the appropriate governmental entity
concurrent with final record platting for the development along the.rear lots. abutting
Wire road, 16th Street, Pretty Pond Road, and along the rear of all double-frontage lots
that abut non-local roads within or adjoining the project.
6. All construction within County right-or-way will require a right-of-way use permit from
Pasco County. In addition, the developer shall-demonstrate compliance with the Pasco
County Access Management Ordinance, if applicable.
7. The developer shall connect to the City of Zephyrhills central water and sewer system
and shall pay such impact connection charges as applicable at that time.
8. Tree removal shall be in compliance with the requirements of the Zephyrhills Land
Development Code. A tree removal plan shall be submitted and approved by the site plan
review committee prior to construction plan approval. No site clearing or grubbing shall
commence on the subject property until all required tree protection barricades have been
installed and approved by the City's Planning Director.
9. Landscaping and buffering shall be constructed in compliance with the requirements of
the Zephyrhills. Land Development Code. A landscape plan shall be submitted and
approved by the site plan review committee prior to construction plan approval.
OR BK 6736 PG 3165
2 of 5
' OR BK 707 . G
3 f 4
10. If, during construction activities, any evidence of historic.resources is discovered, wor
shall come to an immediate stop and the Florida Department of historic Resources an
the City of Zephyrhills shall be notified within two working days of the resources four
on the site.
11. If any known endangered and/or threatened species are found on site, the developer shal
immediately stop work and submit to the City a copy of the approved federal, state o
other regulatory permit, or, if no permit has been issued,then the developer shall submit
copy of the application submitted prior to further site development.
12. No fill shall be placed with the 100-year flood plain designation unless compensatin
volume to mitigate the fill is provided on-site or off-site within the same basin an
reviewed and approved by the site plan review committee. An engineered lot gradin
plan shall be submitted for review prior to construction plan approval.
13. Prior to construction plan approval, the developer shall submit a stormwater management
plan in accordance with the Zephyrhi1IIs Land Development Code and Code o
Ordinances. Stormwater construction must be in conformance with site plan revievi
committee requirements and SWFWMD open or closed basin requirements, whicheve
basin is applicable.
14. Bicycle and pedestrian ways shall be established in accordance with .the City or
Zephyrhills Park Impact Fee Ordinance. Sidewalks shall be provided along both sides or
all internal streets. Curb ramps are required at all intersections of curbs and sidewalks,
and shall be constructed in conformance with the uniform Federal Accessibility
Standards published by the General Services Administration, Department of Housing an
Urban Development, Department of Defense, and United States Postal Servic .
Sidewalks shall be constructed prior to issuance of a certificate of occupancy to it
corresponding dwelling unit. Along non-lot areas, sidewalks shall be constructed wit
the infrastructure improvements to provide an uninterrupted sidewalk network througho
the subdivision including along Pretty Pond road to connect to future retail further to th
west along--US 301. Maintenance -of sidewalks- shall-be -the'responsibility-of-
homeowners' association or some entity other than the City of Zephyrhills.
15. The developer shall control all fugitive dust originating form the project site and shall
indicate on the construction drawings the manner in which fugitive dust is to b
controlled. Further, all retention pond side slopes and their associated swales shall b
sodded to prevent soil erosion.
16. The developer shall provide fire protectio�i in compliance with the City of Zephyrhill
Code of Ordinances and land Development Code. The developer shall show hydrant sit
locations on the construction plans. Raised pavement markings shall be installed.
17. The project must receive final plat approval prior to issuance of the first Certificate o
Occupancy.
18. Prior to platting, the developer shall submit all necessary state and federal permit
including, but not limited to, dredge and filil, surface water, water distribution, wastewate
collection, and reclaimed water, if applicable, from the appropriate agencies. The permit
shall include the copies of the actual permit itself and all drawings that are approved b
the respective regulatory agency.
19. All open space, drainage areas, retention and detention ponds, recreation areas, commoii
areas, buffer areas, and preservation areas shall be record platted as tracts and/o
easements and shall be conveyed to a mandatory homeowners' association. Maintenanc
responsibility will be that of the association.
20. The developer shall create a mandatory homeowners' association in the form of a nor—
profit corporation registered with the Secretary of State, State of Florida, and shall
provide for the maintenance of all open space, drainage areas, common areas, buffe
areas, preservation areas, recreation areas, and other special purpose areas by the saitl
association. Prior to platting, homeowners' documents, including Articles of
OR BK 673 5G 317
3 of
OR BK 6e�T0 PG 1'���
4 of 4
Incorporation with proof of being filed with the Secretary of tate, State of florida,
restrictive covenants, and all exhibits, shall be submitted to the Planning Director for
review along with copies of instruments to be used to convey the above-mentioned areas
to the said association.
21. All areas designated as SWFWMD, Florida Department of Environmental Protection
(FDEP), or army Corps of Engineers jurisdiction on the preliminary plan subject to any
SWFWMD, FDEP, or Army corps of Engineers required. and/or approved mitigation
adjustments shall be recorded on the record plat as preservation areas. The bearings and
distances of the jurisdictional lines shall be so denoted on the plat. Within these areas,
there shall be no construction, clearing, filling, or improvements of any kind unless
appropriate permits have been obtained allowing wetland encroachment.
22. The developer shall provide streetlights along all internal collector roads and local streets.
A streetlight plan shall be submitted for review prior to construction plan approval.
23. The developer shall develop the project sequentially according to the numbered tracts as
_shown on the preliminary plan. Platting of subphases, or phasing other than as shown on
the preliminary plan shall require further approval by the site plan review committee.
The:.: project shall be developed in conformance with all approved
preliminary/construction plans or plats previously approved by Pasco County.
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 take effect as provided in the City Charter and Chapter 163, Florida
Statutes.
a l../:%sue..,. .. ,..... ..: : ... ., . • ..
The foregoing.( linancie No. 929-05 was read and passed on the first reading in an open and
regular mect ng''gf"the Cit 'Council of the City of Zephyrhills, Florida, on this 1 lth day of July,
2005 La
- 4Attest� � '
} Linda D1ou1:'Citv.c1erk Cathi L. Compton, Counci Presi ent
The foregoing„Ordinance No 929-05 was read and passed on the second reading, following a
public hear .Yn en and regular meeting of the City Council of the City of Zephyrhills,
• Florida. • f5 • 14 diy.(S'f ovember,x,2005.
Atte t: Linda l3oan.City Clerk<<` Cathi L. Compton, Council President
�'r �_
The foregoing Bntltnince No. 929-05 was approved by me this 14th day of November, 2005.
Cliff Du fie, M r
App ed o,J, l form and legal content
Karla S. Owens, City Attorney
OR BK 6736 PG 318
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OR BK 6736 Pc 31
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EXHIBIT "A"
DESCRIPTION (Per Official Records Book 5999, Page 1855, Pasco County, Flora a):
Tracts 35, 36, 45, 46, 51, 52, 61 and 62, in Sectior 35, Township 25 South, Range 21 East, asco
County Florida, Zephyrhills Colony Company Lands, I according to plat thereof recorded in Plat
Book 2, Page 6, Public Records of Pasco County, Florida.
LESS the South 15.00 feet of Tracts 61 and 62 for additional right of way for Pretty Pond oad.
Together with that vacated portion of a 30 foot wide Platted right of way as described in
Official Records Book 5757, Page 239 of the Public Records of Pasco County, Florida.
All th above being more particularly described as follows:
Commmnce at the Northeast corner of the Southwest 1/4 of the Northeast 1/4 of Section 3 ,
Township 25 South, Range 21 East, Pasco County, Florida; thence S.89°21'04"W., along the North
bound' of the Southwest 1/4 of the Northeast 1/4 of Section 35, a distance of 15.00 feet4 to
the POINT OF BEGINNING; thence S.00°19'19"E., 15 feet West of and parallel to the East boun ary
of the Southwest 1/4 of the Northeast 1/4 of Section 35, a distance of 1296.46 feet to a p int
on the North right of way line of Pretty Pond Road; thence S.89'16'10"W., along said North right
of way line, a distance of 1305.30 feet to a point 70.0 feet from the centerline of Wire Ro Id;
thencel N.0004'46"W., 70 feet East of and parallel with said centerline, a distance of 1298.3 feet
to a pint on the North boundary of the Southwest 1/4 of the Northeast.174; thence
N.89°2 "04"E., a distance,of 1299.79 feet to the POINT OF BEGINNING.
LESS t e following described tract:
Comm nce at the Northeast corner of the Southwest 1/4 of the Northeast 1/4 of Section 3 ,
Towns lip 25 South, Range 21 East, Pasco County, Florida; thence S.89°21'04"W., along the No th
boundry of the Southwest 1/4 of the Northeast 1/4 of said Section 35, a distance of 15.0
feet; t ence S.00'19'19"E., 15 feet West of and parallel to the East boundary of the Southwe t
1/4 of the Northeast 1/4 of Section 35, a distance of 663.23 feet to the Southeast corner of
Tract 6; thence S.89°18'37"W., along the South boundary of said Tract 46, a distance of 533.80
feet to the POINT OF BEGINNING; thence continue SL89°18'37"W., a distance of 215.00 feet; th nee
N.00°21 38"W., a distance of 277.88 feet; thence N.89°19'51"E., 216.00 feet;_thence S.00°21'36E.,
277.80 feet to the POINT OF BEGINNING.
Subject to an easement for ingress and egress and utilities over and across the following: he.
West 3.00 feet of the East 53.00 feet of Tracts 52 and 61, Zephyrhills Colony Company L ds in
Sectloz 35, Township 25 South, Range 21 East, as recorded in Plat Book 2, Page 6, Public
Records of Pasco County, Florida.
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