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HomeMy WebLinkAbout885-04 Rucks Future Land Use and Rezoning i - - 1111111 11111 1 1111 1111111111 I I I H 111111111111111 111111111 III I 2004237857 ORDINANCE NO.:885-04 / DS• .3:10.00 850 RIT 09000 12/22/04 Dpty 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 z tom No HEREINAFTER DESCRIBED FROM COUNTY FUTURE LAND USE CU NM MAP DESIGNATION IL (LIGHT INDUSTRIAL)AND RES-3 (3 du/ga) TO �3 THE CITY FUTURE LAND USE MAP DESIGNATION MU (MIXED I�mz USE), CONSISTENT WITH THE GOALS, OBJECTIVES AND POLICIES ►� OF THE ADOPTED COMPREHENSIVE PLAN, AS REQUIRED BY THE N�N GROWTH MANAGEMENT ACT OF 1985; AMENDING THE En ZEPHRYHILLS LAND DEVELOPMENT CODE TO CHANGE THE �0 ZONING ON LAND HEREINAFTER DESCRIBED FROM COUNTY c ZONING CATEGORY AC (AGRICULTURAL) TO CITY ZONING O10 CATEGORY PUD (PLANNED UNIT DEVELOPMENT) IN a)-"n ACCORDANCE WITH THE PROVISION OF SECTION 166.041, ; °Dr FLORIDA STATUTES; PROVIDING FOR CODIFICATION, CONFLICT, i A SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, Neil and Rita Rucks, the owners of lands hereinafter described in Section 2.below, did petition for Future Land Use Map (FLUM) designation and rezoning of said land; and WHEREAS, the City Council approved the annexation of said land within the corporate limits of the City on December 13, 2004; and WHEREAS, the City Council has been given authority by the State of Florida, pursuant to Chapter 163, Florida Statutes, to amend the Future Land use Map of the City's territorial boundaries upon receipt of written consent of the landowner, together with approval of the City Council of said Future Land Use Map Amendment duly expressed by Ordinance; and WHEREAS, 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 landowner, together with approval of the City Council of said rezoning duly expressed by Ordinance; and WHEREAS, due public notice of hearing on the proposed FLUM amendment and rezoning was given by the City Council on November 11 and November 18, 2004 as required by the Zephyrhills Land Development Code, as amended, and Chapters 163 and 166, Florida Statutes; and WHEREAS, the Planning Commission, sitting as the Local Planning Agency did hold a public hearing on May 11, 2004 to consider said proposed FLUM amendment and rezoning; 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 to designate the hereinafter described real property consistent with all comprehensive plan goals, objectives, and policies which shall pertain to said land; and WHEREAS, the City Council has determined that the Mixed Use (MU) Future Land Use Map designation and PUD (Planned Unit Development) zoning category would be appropriate, would promote the general welfare, and encourage proper development within the City. WHEREAS, the City Council has approved, for transmittal to DCA, the future land use map amendment of said land to Mixed Use and zoning to PUD on December 13, 2004; and NOW THEREFORE BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF ZEPHRYHILLS, FLORIDA AS FOLLOWS: Section 1: The above Whereas clauses are hereby adopted and incorporated herein. Section 2: 'The following described lands, lying and being situated in Pasco County, to wit: Record and Return to: r City Clerk's Office .„.1 T, 5335 8th Street Zephyrhills, FL 33542 i OR OK 6162 PG 57 2 of g SEE EXHIBIT"A"ATTACHED HERETO: PARCEL I.D. NOS.: 23-26-21-0000-00200-0000; 23-26-21-0020-01300-0020; 23-26-21-0020- 03300-0000; 23-26-21-0020-04900-0000; 23-26-21-0020-06300-0010; 23-26-21-0020-06500- 0000; 23-26-21-0020-08000-0000; 23-26-21-0020-09700-0000; 24-26-21-0000-00400-0000; 24-26-21-0000-00400-0010; 24-26-21-0000-00500-0000; 24-26-21-0010-03900-0010; 24-26- 21-0010-07100-0000; 24-26-21-0010-07200-0000; 24-26-21-0010-10100-0000; 25-26-21-0010- 00500-0000; 25-26-21-0010-01200-0000; and 25-26-21-0010-013B0-0000. 264.44 acres m.o.l. be the same is hereby designated on the Future Land Use Map and rezoned and included within the boundaries of the City of Zephyrhills, Florida. 1. Development shall be in accordance with the application, plans and information submitted by the developer unless otherwise stipulated or modified herein. 2. All wetlands and adjoining buffer, conservation/preservation areas and wildlife habitat/corridor areas shall be placed under a perpetual conservation easement in favor of the City of Zephyrhills. Prior to record plat submittal, the developer shall submit one (1) copy of the executed and recorded conservation easement in a form 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. The developer shall create a mandatory homeowners' association in the form of a non- profit 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. 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 said association. 4. In addition to these PUD conditions of approval, the developer shall comply with all City of Zephyrhills ordinances including all impact fee ordinances. 5. In the event ordinances/resolutions are subsequently adopted by the City Council including, but not limited to, utilities, public safety, impact fee or other, the developer shall be required to comply with same except if such ordinances/resolutions materially and adversely change any conditions of approval granted. 6. Streets shall be public and donated to the City and shall be constructed to City standards. 7. The developer has,submitted a traffic study which was reviewed and approved by staff and the site plan review committee. Prior to approval of the final plat, the developer shall bond or construct all transportation improvements identified herein. The developers shall construct the following site-related improvements: a. At the intersection of S.R. 39 and Residential Drive 1: (1) Construct a southbound left turn lane and a westbound combined left and right turn lane. b. At the intersection of S.R. 39 and Residential Drive 2: (1) Construct a southbound left turn lane and a westbound combined left and right turn lane. OR BK 6162 PG 58 3 of $ c. At the intersection of Chancy Road and Residential Drive 3: (1) Construct a northbound combined left and right turn lane. d. At,the intersection of Chancey Road and Residential Drive 4: (1) Construct a northbound and southbound combined left and right turn lane and through lane. e. At the intersection of S.R. 39 and Community Drive 1: (1) Construct a southbound left, westbound left, and right turn lanes, and signalize when warranted by MUTCD. f. At the intersection of Chancey Road and Community Drive 2: (1) Construct northbound and southbound left and right turn lanes and through lane; (2) Construct eastbound and westbound left turn lanes, and signalize when warranted by MUTCD. g. At the intersection of Chancey Road and Community Drive 3: (1) Construct northbound and southbound left and right turn lanes and through lane. 8. The traffic study submitted by the developer assumes mixed use development. Prior to approval of the final plat, the developer shall bond or construct any off-site improvements identified herein. Offsite improvements include: a. Signalization of the U.S. 301 and 39 intersection when warranted by MUTCD. 9. Stormwater management and drainage plans, including construction of roads and lift stations shall be at the 25 year flood elevation and shall be designed in accordance with Southwest Florida Water Management District (SWFWMD) requirements for open drainage basins. The developer shall submit a lot grading plan. 10. The City of Zephyrhills shall provide water and/or wastewater service to the project, a master utility plan for the project shall be submitted to the Utilities Director for review and approval prior to the construction plan approval and the developer shall construct all water and wastewater facilities within the development to current City standards. 11. Development shall be in accordance with the Preliminary Development Plan submitted to the City dated May 5, 2004. The approved uses and conditions of approval are as follows: a. Maximum of 354 single family (lot layout may be modified based on final engineering design); 126 Town-home Units; and 270,000 Square Feet of Commercial Uses. b. Typical Minimum Lot Sizes and side setbacks shall be: 45 ft. x 120 ft. with 6 ft. side setbacks 50 ft. x 115 ft. with 7.5 ft. side setbacks 60 ft. x 115 ft. with 7.5 ft. side setbacks c. Front and Rear Setbacks: Front—20 ft. Rear— 15 ft. d. A uniform mailbox and post design shall be provided throughout the community. e. A Street Tree Plan shall be included in the Final Development Plan. OR BK 6162f SG 59 4 f. Landscape and/or fence buffers will be shown on the Final Development Plan. g. A minimum of 2 trees, including existing trees, shall be provided on each lot. h. Tree preservation shall be shown on Final Development Plan. i. Entry features and signage shall be shown on Final Development Plan. j. Street lights shall be operated and maintained by a street lighting district or homeowners association. k. Decorative post-top street lights shall be provided within residential villages. 12. Recreation site development standards shall be in accordance with the City of Zephyrhills Land Development Code and the Park Impact Fee Ordinance as amended. 13. Unless required elsewhere within the conditions of approval, all conveyances to the homeowners association required pursuant to this rezoning shall occur prior to the issuance of the first certificate of occupancy in a form acceptable to the City Attorney, and excluding any homeowner association restrictions or encumbrances, shall be free and clear of all liens and encumbrances. 14. The re-zoning request and preliminary plans have been reviewed by staff and deemed consistent with the Land Development Code, the Comprehensive Plan and the levels of service requirements and a compliance certificate will be issued by the City of Zephyrhills upon final approval of this ordinance. 15. The developer will comply with the City of Zephyrhills fire hydrant regulations in the Land Development Code. Section 3: This ordinance shall supersede all ordinances or parts of ordinances in conflict herewith. Section 4: That if any section, sentence, clause or phrase of this ordinance is held to be invalid of 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 rezoning and large scale FLUM amendment shall take effect as provided in the City Charter.and Chapter 163, Florida Statutes. i s li The•foregoing'Ordinance'No. 885-04 was introduced on first reading by the City Council of the City:of Zephyrhills`:Florida on the 14th of June, 2004. AiNim. \ e...j / (n Linda dI ` City Clerk Cl e C. Brae ell, Council President ti14 The foregoing Ordinance No. 885-04 was read and passed on the second reading, following a public hearing, in an open and regular meeting of the City Council of Zephyrhills, Florida on this th 13day? ; ecember, 2004. ATTEST: . i / �4 C Linda V.Boar;, ity Clerk C de C. Bracknell, Council President l 1' • • OR BK 6162 PG 60 5 of 8 The foregoing Ordinance No. 885-04 was approved by me this 13th day of December, 2004. -C2J4 42111 W. Cliff e, Ma•Ff- Approv s . gal ,d legal content aria S. Owens, City Attorney EXHIBIT "A" OR BK 6162 PG 61 6 of 8 Parcel No. 1: Tract 13, lying East of Railroad right-of-way and East of right-of-way of State Road No. 39; Tract 14, less Railroad right-of-way; Tracts 18, 19 and 31; and that portion of Tracts 30, 97,112 and 113, lying East of the right-of-way of State Road No. 39; all being in Section 23, Township 26 South, Range 21 East, as per plat of ZEPHYRHILLS COLONY COMPANY Lands, recorded in Plat Book 1, Page 55, Public Records of Pasco County, Florida. • Parcel No. 2: That portion of Tract 63, lying East of the right-of-way of State Road No. 39, in Section 23, Township 26 South, Range 21 East, as per plat of ZEPHYRHILLS COLONY COMPANY Lands, recorded In Plat Book 1, page 55, Public Records of Pasco County, Florida. Parcel No. 2(a): Tracts 65 and 80, in Section 23, Township 26 South, Range 21 East, as per plat of ZEPHYRHILLS COLONY COMPANY Lands, recorded in Plat Book 1, Page 55 of Public Records of Pasco County, Parcel No, 3: Tracts 17, 32, 49, 50 and 64, and that portion of Tracts 66. 79 lying East of the •right-of-way of State Road No. 39; all being in Section 23, Township 26 South, Range 21 East, as per plot of ZEPHYRHILLS COLONY COMPANY Lands, recorded in Plat Book 1. Page 55. Public Records of Pasco County, Florida, Parcel No. 4: Tracts 33, 34, 47 and 48, in Section 23, Township 26 South, Range 21 East, as per plat of ZEPHYRHILLS COLONY COMPANY Lands, recorded in Plat Book 1, Page 55, Public Records of Pasco County, Florida. Parcel No. 5: That portion of Tract 20, lying East of the right-of-way of State Road No. 39. in Section 23, Township 26 South, Range 21 East, as per plat of ZEPHYRHILLS COLONY COMPANY Lands, recorded in Plat Book 1, Page 55, Public Records of Pasco County, Florida. ALSO, That portion of the SW 1/4 of the NE 1/4, lying East of the right-of-way of State Road No. 39, in Section 23, Township 26 South, Range 21 East. Parcel No. 6: Tracts 41, 56, 57, 72, 73, 74, 87, 103; and that portion of Tracts 39, 40, 42, 55. 58 and 71, lying West of the Railroad right-of-way; all in Section 24, Township 26 South, Range 21 East, as per plat of ZEPHYRHILLS COLONY COMPANY Lands. recorded in Plat Book 1, Page 55, Public Records of Pasco County, Florida. • Parcel No. 6(o): That portion of Tracts 117 and lying 124, lying West of Railroad right-of-way, In Section 24, Township 26 South, Range 21 East. os per plat of ZEPHYRHILLS COLONY COMPANY Lands, recorded in Plat Book 1, Pc:ge 55, Public Records of Pasco County, Florida. Parcel No. 7: That portion of the SW 1/4 of the NW 1/4 of the NW 1/4. and the S 1/2 of NE 1/4 of SW 1/4, lying West of the Railroad right-of-way, in Section 24, Township 26 South. Range 21 East. ALSO, Tracts 88, 89, 90, 104,. 105, 106, 119 and 122; and that portion of Tracts 120 and 121, lying East of the right-of-way of State Road No. 39,. in Section 24, Township 26 South, Range 21 East. as per plat of ZEPHYRHILLS COLONY COMPANY Lands, recorded in Plat Book 1. Page 55, Public Records of Pasco County, Florida. Parcel No. 7(a):• Tracts 107, 118, and 123; and that portion of Tracts 101, 102,and 108, lying West of Railroad right-of-way, in Section 24, Township 26 South, Range 21 East, as per plat of ZEPHYRHILLS COLONY COMPANY Lands, recorded in Plat Book 1, Page 55. Public Records of Pasco County, Florida. Parcel No. 8: . Tracts 4B and 5, the North 1/2 of Tract 12, and All of Tract 138. in Section 25, Township 26 South, Range 21 East, CRYSTAL SPRINGS COLONY FARMS, as per plat thereof recorded In Plat Book 2, page 24, Public Records of Pasco County, Florida. Parcel No, 9: That part of the NW 1/4 of the NW 1/4 of the NW 1/4 of Section 24, Township 26 South. Range 21 East, lying West of the Seaboard Coastline Railroad right-of-way, In Pasco County, Florida. And The South 1/2. of Tract 12. in Section 25, Township 26 South, Range 21 East, CRYSTAL SPRINGS COLONY FARMS, as per plat thereof recorded in Plat Book 2, Page 24, Public records of Pasco County. Florida, ALL THE FOREGOING PARCELS BEING LESS AND EXCEPT the land described in the instruments recorded at Official Records Book 1864, Page 1016, at Official Records Book 3274, Page 1181, and at Official Records Book 3540. Page 1468, all in the Public Records of Pasco County, Florida. ANO That port of the Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 24, Township 26 South, Range 21 East, lying West of the Seaboard Coast Line Railroad, Pasco County. Florida.