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Home My WebLink About930-05 CBD Development Group Rezoning/Chasey Lane / I nn �+ 1 IIIIII IIIII IIIII IIIII IIIII lIIII IIIII IIIII IIIII II II IIII IIII R " rJHIi,Q�I� j 2005153522 �S 5 g Rcpt: 907623 Rec. 44.0 hi ILS FL 33Sq�, ORDINANCE NO.: 930-05 07/26 05 DS: 0.00 IT: 0D00 pty 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 R-4 (MULTI-FAMILY ®a RESIDENTIAL) TO CITY ZONING CATEGORY PUD (PLANNED UNIT DEVELOPMENT) IN ACCORDANCE WITH THE m� PROVISIONS OF SECTION 166.041, FLORIDA STATUTES; PROVIDING FOR CODIFICATION,' CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. (CHASEY LANE PROPERTY)FIE � n REAS, CBD Development Group of Zephyrhills Florida, LLC, a New Jersey Limited Liability Corporation, the owner of land hereinafter,described in Section 2 below, did petition on " c t le 15th day of March, 2005 for rezoning of said land; and o .. rc) m WHEREAS, the City Council has been given authority by the State of Florida pursuant to C apters 166 and 163, Florida Statutes, to property vithin 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 I proposed rezoning was given by the City CQQI uncil on July 14, 2005 and July 21, 2005, as required by the Zephyrhills Land Development Cdde, as amended, and Chapters 163 and 166, Florida Statutes; and WHEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a public hetring on June 14, 2005 to consider said proposed rezoning; and W IEREAS, the City Council agrees to formal adoption of a rezoning of the subject property to zo ie the subject property consistent with the adopted Land Development Code of the City of Ze yrhills; and WHEREAS, the City Council has determined that the PUD (Planned Unit Development) zoning ca egory would be appropriate, would promote the general welfare, and encourage proper de relopment 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. Se�tion 2: The following described lands, lying and being situated in Pasco County,to wit: S EXHIBIT "A"ATTACHED HERETO PARCEL I.D.NOS.: 03-26-21-0010-08300-0000 and 03-26-21-0010-06700-0020 23. acres m.o.1. be nd the same is hereby rezoned and included within the boundaries of the City of Zephyrhills, Flo ida, 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 Public Safety 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. OR BK 6499 PO 179 ._ 2 of 5 3. All streets within the project shall be private streets built to current Zephyrhills standards for width, subgrade, thickness and curbing. 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. 5. All construction within County right-or-way will require a right-of-way use permit from Pasco County, including but not limited to connections to Massey Road and Fairlawns Road. In addition, the developer shall demonstrate compliance with the Pasco County Access Management Ordinance, if applicable. 6. 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. 7. 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. 8. 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. 9. If, during construction activities, any evidence of historic resources is discovered, work shall come to an immediate stop and the Florida Department of historic Resources and the City of Zephyrhills shall be notified within two working days of the resources found on the site. 10. If any known endangered and/or threatened species are found on site, the developer shall immediately stop work and submit to the City a copy of the approved federal, state or other regulatory permit, or, if no permit has been issued,then the developer shall submit a copy of the application submitted prior to further site development. 11.No fill shall be placed with the 100-year flood plain designation unless compensating volume to mitigate the fill is provided on-site or off-site within the same basin and reviewed and approved by the site plan review committee. A lot grading plan shall be submitted for review prior to construction plan approval. 12. 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 or closed basin requirements, whichever basin is applicable. 13. Bicycle and pedestrian ways shall be established in accordance with the City of 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 sidewalks, and shall be constructed in conformance with the uniform Federal Accessibility Standards published by the General Services Administration, Department of Housing and Urban Development, Department of Defense, and United States Postal Service. 14. 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 be controlled. Further, all retention pond side slopes and their.associated swales shall be sodded to prevent soil erosion. 0R BK 6499 pG 180 3 of 5 15. The developer shall provide fire protection 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. 16. The project must receive final plat approval prior to issuance of the first Certificate o Occupancy. 17. Prior to platting, the developer shall submit all necessary state and federal permit including, but not limited to, dredge and fill, surface water, water distribution, wastewate collection, and reclaimed water, if applicable, from the appropriate agencies. The permi shall include the copies of the actual permit itself and all drawings that are approved b the respective regulatory agency. 18. All open space, drainage areas, retention and detention ponds, recreation areas, common areas, buffer areas, and preservation areas shall be record platted as tracts and/or easements and shall be conveyed to a mandatory homeowners' association. Maintenance responsibility will be that of the association.! 19. The developer shall create a mandatory homeowners' association in the form of a non- 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, buffer areas, preservation areas, recreation areas, and other special purpose areas by the said association. Prior to platting, homeowners' documents, including Articles of 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. 20. 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. 21. 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. 22. The property shall be developed with a total of 250 two-story townhome units pursuant to the proposed unit layout, architectural renderings, and site plan dated June 8, 2005 attached hereto. The developer's final design shall otherwise comply with the pending Townhome Standards with the exception of lot sizes and unit separation. Se tion 3: All ordinances or parts of ordinances in conflict herewith be, and the same, are he eby repealed to the extent of such conflict. Se tion 4: That if any section, sentence, clause, or phrase of this ordinance is held to be invalid or or unconstitutional by a court of competent jurisdiction, then said holding shall in no way affect th validity of the remaining portions of this ordinance. Section 5: This ordinance take effect as provided in the City Charter and Chapter 163, Florida Stdtutes. Th foregoi F( rçljnance No:-.930-05 was read and passed on the first reading in an open and regular eting•of.ti ity Council of the City of Zephyrhills, Florida, on this 11 day of July, 20 5�; Attest . . Lind D. Bon, Ci`t' Clerk Cathi L. Compton, Council President r L ornl, � � v OR BK 8499 PG 181 - 4 of 5 The foregoing O dinance No. 930-05 was read and passed on the second reading, following a public hen ,.�in an.''dp6e,n,,and regular meeting of the City Council of the City of Zephyrhills, F16ridd -un-tins 25 day of July, 2005. Attest: . cLinda D Boan, ciityglerk athi L. Compton, Council President The foregoing Ordnance.No i 93.0-05 was approved by me this 25 day of July, 2005. W. Clif c ffie, yor Appro}�e s legal f r and legal content Karla S. Owens, City Attorney EXHIBIT "A" OR BK 6499 PG 18 5 of 5 I b LEGAL DESCRIPTION DESCRIPTION - PARCEL 1 THE WE T 36.00 FEET OF TRACT 67, ZEPHYRHILLS COLONY ,COMPANY LANDS, -LOCATED IN SECTION 3, TOWNSHIP 26 SOUTH. RANGE 21 EAST, AS SHOWN ON THE PLAT RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF PASCO OUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 208.69 FEET THEREOF. AND TRACT 78, ZEPHYRHILLS COLONY COMPAN LANDS, LOCATED IN SECTION 3, TOWNSHIP 26 SOUTH, RANGE 21 EAST, AS SHOWN ON THE PLAT RECORDED IN PLAT B OK 1, PAGE 55 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA. LESS AND EXCEPT THE NORITIH 87.48 FEET OFt THE EAST 207.43 FEET THEREOF AND LESS AND EXCEPT THE FOLLOWING: COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT 78; THENCE S. 8940'42" E., ALONG THE NORTH BOUNDARY THEREOF, A DISTANCE F 36.00 FEET FOR A OINT OF BEGINNING; THENCE S. 0016'33" W.,'PARALLEL WITH THE WEST BOUNDARY OF SAID TRACT 78, A DISTANC OF 28.32 FEET; THENCE S. 8941'31' E., A DISTANCE OF 135.00 FEET; THENCE N. 0016'33" E., A DISTANCE OF 28. 8 FEET TO A POINT ON THE NORTH BOUNDARY OF SAID TRACT 78; THENCE N. 8940'42" W., A DIST NCE OF 135.00FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 4.52 ACRES MORE OR LESS. ALL BEING SUBJECT TO EASEMENTS AND RESERVATION OF RECORD. DESCRIP ION - PARCEL 2 TRACT 1 4, ZEPHYRHILLS COLONY COMPANY LANDS, LOCATED IN SECTION 3, TOWNSHIP 26 SOUTH, RANGE 21 EAST, AS SHOWN N THE PLAT RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF-PASCO COUNTY, I LORIDA. LESS AND EX EPT THE WEST 208.75 FEET OF THE NORTH 208.75 FEET THEREOF. AND TRACTS 83, 93 AND 94, Z PHYRHILLS COLONY COMPANY LANDS, LOCATED IN SECTION 3, TOWNSHIP 26 SOUTH, RANGE 21 EAST, AS SHOWN ON TH PLAT RECORD D IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA. CONTAINING 1 .78 ACRES MORE 0 LESS. ALL BEING SUBJECT TO EASEMENTS AND RESERVATION OF RECORD. - I II it li