HomeMy WebLinkAbout562 Rezone - Neukom - 80 acres PUD .0„ 0.1, 31.1'
•
=o 3� 914 0 308
92 OCT 2 C.
RECORD VERIFIED FILED FORRECORD
JED PITTMAN r -'
Clerk Circuit Court County :'01JUTY,
:co CLX.ORDINANCE NO. 562
FL.
AN OR INANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, REZONING LANDS
WITHIN ,THE BOUNDARIES OF SAID CITY, ' TO A . PLANNED UNIT
DEVELOPMENT, IN ACCORDANCE WITH FLORIDA STATUTE 166 .041 LAWS OF
FLORIDA AND CHAPTER 6, SECTION 6300 OF THE LAND DEVELOPMENT CODE
OF THE CITY OF ZEPHYRHILLS, FLORIDA.
WHEREAS, GEORGE NEUKOM and ANN NEUKOM, being the Owners of
the lands hereinafter described in Section 1, have requested that
the property- -belowy- bei r-ezoned--from--R- --moo_ a- zoni,ng._de-si-gn.ation.
as a Planned Unit Development District in accordance with Chapter
6, Section 6300 et seq. of the Land Development Code of the City
of Zephyrhills, adopted March 26, 1990, and
WHEREAS, the Owners or their successors in interest have
stated their intention to utilize the premises as a residential
academy/boarding school for abused or neglected children, and
WHEREAS,
EREAS, the Site Plan Review Committee has reviewed the
general site plan for the Planned Unit Development, and
WHEREAS, the Planning Commission has conducted a public
hearing and has recommended to City Council that the request for
Planned Unit Development District zoning be approved, conditioned
upon adequate assurances resident students of the intended
academy not be individuals within the criminal „justice system,
7 - RI9,? .r�., -. 7:400nr a{1.•n ren 3Z!« G � �
?�F_f793 79 -. : ...L'e 7i Ire AM
doing their residency on the premisesFR as''iNCE 115031
R �('�AS'33'4 T51 3 j ,!Y!I'S// 13j„ :?"F nn 35v:l2`�I.} "lsei A3'}r`.A 3311 1 X10 L
WHEREAS, the City Council finds t gr., E141ORhs IrL ie Eproperty 2_0C
described in Section 1 below, as an academy/boarding sic Yrool for =5_UC'
abused or neglected children is in the best s-ral-ere -F,C;Edf the -x_00
GA B ins 01-A AMT PAID:
citizens of the City of Zephyrhills, and
WHEREAS, the City Council further finds that it would not be
in the best interest of the City of Zephyrhills, that the
property be used to house juveniles who are under commitment to
the Department Of Health and Rehabilitative Services (HRS) , State
of Florida, under adjudications of delinquency, pursuant to
Chapter 39 of the Florida Statutes or in the care, custody and
control of the Department of Health and Rehabilitative Services
(HRS) , State of Florida, pursuant to detention orders awaiting
disposition of alleged delinquent acts and therefore, any
•
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rezoning should be conditioned to prevent same. D.R. 3 O ! 7 PAGE 1 6 3
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33540
NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the City
Council of the City of Zephyrhills, Florida, as follows :
SECTION 1. That the following described lands, lying and
being situate in Pasco County, Florida, to-wit:
That portion of tracts 14, 19, 30, 35, 46, 51, and 62, in Section
34, Township 25 South, Range 21 East, Zephyrhills Colony Company
Lands, as recorded in Plat Book 1, Page 55, Public Records of
Pasco County, Florida. Lying West of the Maintained right-of-way
for Sunnyside Drive.
AND
Tracts 13, 20, 29, 36, 45, 52, 61, 28, and 37, in Section 34,
Township 25 South, Range 21 East, Zephyrhills Colony Company
Lands, as recorded in Plat Book 1, Page 55, Public Records of
Pasco County, Florida.
be, and the same is hereby rezoned and henceforth, said
properties zoning designation shall be Planned Unit Development.
, SECTION 2. Dev.elopment . of the above described lands shall
be subject to .and in accordance with the Land Development Code .of
the City of Zephyrhills .and all other applicable . ordinances and
regulations of the City of Zephyrhills.
SECTION 3. The Owners on their own behalf and that of .their
heirs, successors and assigns, have evidenced 'their intent to
develop the property aS "ar--academy for boys declared dependent,
pursuant to Chapter 39 of the Florida Statutes. The Owners or
their agents have acknowledged that the facility will not be used
to house student residents who are presently committed to the
Department of Health and Rehabilitative Services,, (HRS) , State of
Florida, under the adjudication of delinquency. Therefore, this
Planned Unit Development District 'shall not be utilized house
juveniles who are committed to the Department '. of -.Hea=lth -and
Rehabilitative Services (HRS) , State of Florida, :under an
adjudication of delinquency or who are in the 'custody 'of the
Department of Health and Rehabilitative Services (HRS) , State of
Florida, pursuant to ' a detention order awaiting trial. .,or
disposition hearings for alleged criminal offenses from a court
of competent jurisdiction. •
SECTION 4. That prior to issuance ' of a permit for
construction of the above-referenced academy/boarding school, the
Owners or their successors in interest shall as a precondition to
issuance of said permit, execute a covenant that runs with the
O.R. 3077PAGE 1631.
. .
land and in favor of the City and adjoining landholders, their
heirs, successors and assigns, prohibiting use of the premises as
a residential facility to house juveniles committed to the
Department of Health and Rehabilitative Services (HRS) , State of
Florida, under an adjudication of delinquency or in the Health
and Rehabilitative Services ' (HRS) , State of Florida, custody
pursuant to a detention order awaiting trial or disposition
- hearing— offences that- -could ---result- --in- ---a.dj-udic=ation- —o-f-- -
delinquency. Said covenant shall be enforceable by the City or
any adjoining landowner who is adversely affected by any breach
thereof.
SECTION 5. - This Ordinance shall become law upon being
passed by the City -Council of the City of Zephyrhills after three
(3 ) readings and execution by the Mayor in accordance with
Florida Statute 166 .041, Laws of Florida.
. ,„ .The foregoing Ordinance No. •3O, was read and passed on
its first—reading in open and regular meeting by the City Council
of ,,,. to ?.Cep.)?` of Zephyrhills, Florida on the 1.14- day of
.''4 ,r, •t.BA:v f?,,..`, , A.D , 199
61'/_,e,4)6_
ti.d) . .
DORIS C. SIH H ._ „
1 -President of City Council
A TEST•4._ -
LINDA D. BOAN
Tfiea� re`going Ordinance No. 5(p . was read and passed on
its second- .reading in open and regular meeting by the City
Count 21P04100-.City of Zephyrhills, Florida on the ,22.Z_1(.' day of
A) ,, A.D. , 199
06
.cam /. 1)--742.1.1
DORIS C. SMITH
President of City .Council
ATTEST :4 4,kp„„
� Clete; LINDA D. BOAN
•
C, �.�.
'Rfe%•�:foregoing Ordinance No. 54a was read and passed on
its ..tllOra , '0fling in open and regular meeting by the City Council
of.;' ,:41e. City•. f Zephyrhills, Florida on the /a- day of
• \� ' I ¢p A.D. , 1992.
/ItniZtjt)
,.ORIS C. MITH.
= ) - e:,. President of City Council
) . 5)_t.,,_/
y. Ckf7rk, LINDA D. BOAN
The forego • ng Ordinance No. 6(,•( was approved by me this
/02V- day of ) , A. r 1992.
Id
q4AIL
. Agtdc
JA Y, Mayor
O.R. 3077PAGE 1632
r J
//5D31 940301 C20'i 9
RECORD VERIFIED FILED FOR RECORD
9A2' JED PITTMAN
Clerk Circuit Cou co County
‘.5-570
! 0 cl..K.! CO Cn!wi Y,t=L.
AGREEMENT
THIS AGREEMENT is made between the CITY OF ZEPHYHRILLS, a
municipal corporation, hereinafter referred to as "CITY" , and
GEORGE A. NEUKOM and ANN B. NEUKOM, hereinafter referred to as
"NEUKOM" and B & B PROJECTHSTRAIGHT, INC. , d/b/a THE ACADEMY,
hereinafter referred to as "B & B" . The parties recite as
follows :
WHEREAS, NEUKOM is presently the owner of a certain parcel
of land herein described as :
That portion of tracts 14, 19, 30, 35, 46, 51, and 62, in Section
34, Township 25 South, Range 21 East, Zephyrhills Colony Company
Lands, as recorded in Plat Book 1, Page 55, Public Records of
Pasco County, Florida. Lying West of the Maintained right-of-way
for Sunnyside Drive.
AND
• Tracts 13 , 20, 29, 36, 45, 52, 61, 28, and 37, in Section 34,
- • • Township 25 South, Range 21 East, Zephyrhills Colony Company
Lands, as recorded in Plat Book 1, Page 55, Public Records of
Pasco County, Florida.
and
WHEREAS, B & B has entered into a contract with NEUKOM for
the purchase of the above-described property, and
WHEREAS, B & B has expressed its intent to utilize the
premises purchased to construct a institute known as the
"Academy" . The purpose of the "Academy" , is to educate and house
juveniles who are abused, neglected or declared dependent by a
Court of competent jurisdiction, pursuant to Chapter 39 of the
Florida Statutes, and
WHEREAS, B & B - NEUKOM, has applied to the CITY for a
zoning designation as a Planned Unit Development for the
above-described parcel for the expressed purpose of constructing
the above-referenced "Academy" , and
WHEREAS, B & B has represented to the CITY and its agents,
that it does not intend to utilize the premises to educate or
q • house juveniles who are at the time of the residency, committed
to the Department of Health and Rehabilitative Services, State of
Florida, under an adjudication of delinquency; in the custody of
Record and Return to:
City Cl'rk's Office � R 3O '? 7 PAGE 1625
5335 8th Street
" phyrh111c FL 33540
the Department of Health and Rehabilitative Services pursuant to
111 a detention order from a Court of competent jurisdiction during
the pendency of a juvenile delinquent proceeding; or on probation
from a Court of competent jurisdiction for the commission of
criminal acts with a specific condition of said probation to
attend the "Academy" , and
WHEREAS, B & B has indicated its willingness to execute a
Restrictive Covenant prohibiting the housing of committed or
detained juveniles as referenced above, and
WHEREAS, the above-referenced rezoning of the premises is
pending before City Council .
NOW, in return for the mutual covenants and promises
contained herein, and other good and valuable consideration, the
receipt of which is acknowledged by all parties ' signature
hereto, the parties recite as follows :
1. This Agreement shall become effective upon execution,
but shall not restrict the premises above-described, unless and
until NEUKOM' s request for rezoning presently pending before City
Council is approved and any building permits are applied for by
any entity to construct the above-referenced "Academy" .
2 . That before the CITY shall be obligated to issue a
building permit to permit construction of the above-referenced
"Academy" , B & B, its heirs, successors or assigns, shall in
addition to fulfilling any other government conditions, execute a
Restrictive Covenant in the form as attached hereto and marked as
Schedule 1. The Restrictive Covenant shall be enforceable by the
CITY or by any abutting landowner. Any mortgage encumbering the
premises or any bond issuance for which the property stands as
security, shall be subordinate to the Restrictive Covenant and
covenantor shall make provisions for same prior to issuance of
any building permit.
3 . Each of the parties hereto acknowledge that the
Restrictive Covenant is intended to inure to the benefit of the
parties hereto or landowners whose property abuts or adjoins the
premises herein described. Property shall be deemed to abut the
premises if the properties are separated by a public right of way
-2- O.R. 3077 PAGE . 626
or easement and would abut premises if the public right of way or
easement did not exist.
4. NEUKOM and B & B acknowledge that they have entered into
this Agreement freely and voluntarily and without any undue
influence or coersion. They acknowledge that they have either
had advise of counsel or have intelligently waived same. NEUKOM
and B & B acknowledge that this Agreement and subsequent
execution of the attached Restrictive Covenant is made with the
intent to induce City Council of the City of Zephyrhills to
approve the rezoning of the premises to a Planned Unit
Development (Ordinance No. 56.-2, ) , and that if approved shall be
material in City Council ' s decision.
5 . Each party hereto shall be bound by the terms hereof and
by execution hereby binds its heirs, successors and assigns.
6 . This Agreement contains the entire understanding between
the parties and supersedes all previous Agreements regarding the
goods, whether oral or in writing . This Agreement cannot be
modified or terminated except in accordance with its terms or by
a writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals, this day of (XGu4
A.D. , 1992.
Signed, Sealed and Delivered
in the Presence of:
r �
` s !, _ 46A6A
e
Witness: o�{ Scciq�tS �'- KOM �`
A.
fifiNA.dress : t385�41 6-' 4i/en;
Witnes FZDyO A . „tic_
I/U t7L.S
uv, _�
Wi ness: l,n u;s .St/1A.,es AN B. NEUKOM `14
Add' ss : l 414-41 `- ,.
1.6pNTZ-14-- ILLS FE:*
Witnes . FL-oy� A-. Betio .s
O.R. 30 77PAGE I627
-3-
" B&B PROJECT STRAIGHT, INC. ,
d/b/a The Academy "
Witness : '..0 As : pRESrb&-
Address: 1.304 J t. i zSThee4yFi,7ag°PSf:�se
(0k L u(� u i L . 3 z(L i Sfiv •
Witness : " jj34.1e 4 S 8 W h I T'FTs. f` •
•
•
( SEAL ) r -3
tis
4 s}
.,
"CITY OF ZEPHYRHILLS" � ; o
• /' Pt:ti too 7 Lkoo ..
By c: .r� �.� • •�i-n,v7�,� •
Name: -DOR/5 UUC'C .
1 Its: Col'lJCIL fKESIOEiT
ATTEST: 1 '
, We-
STATE OF FLORIDA
COUNTY OF PASCO
The foregoin instrument was acknowledged . before me this
4,12,-,4,12,-, day of e:6-6. , A.D. , 1992, by George A.
Neukom and Ann B. Neukom, who are personally known to me -or who
as identification and
whoi /did not take an oath.
Seal/Expiration : //
v LINDA DAMN � �
.. • :.•MY COMMISSION N CC 209593IXPIRx
`ysf'••-�..ate` June 15,1996 0 =R 1 PUBLIC
�i, f, BONDED THRU TROY FAIN INSUMNGE,INC. ",�
Commission # : L' 0.0,+ b . IJo,-A
e e aols-i3 (Print, type or stamp name)
STATE OF FLORIDA
COUNTY OF PASCO
The fore oing instrument wase acknowledged before me this
/61:11-, day of �A.D 1992, by �,�)ipLl �• ,it)1}IT�
a s -Pee-si p E'i-17- of
B & B PROJECT STRAIGHT, INC. ; d/b/a THE ACADEMY, who is
personally known to me e _ -
.a-s--��.±f-i-e-a-t---1-o.H and who—e144-/did•
zot
take an oath.
-4-,
• 1'• • .
Seal/Expiration:
14. 4 Aie.„,„..,/
AR\ PUBLIC
Commission #:
LINDA D.BOAN L IA)b A- IJ !- ✓7�I
AMI
MY COMMISSION H CC L) �= 2
i
type or stamp name)�.., Dq,3June 15,199&
'�h.pFO
BONDED THRU TROY FAIN INSURANCE,INC. •
STATE OF FLORIDA
COUNTY OF PASCO
The foregoing instrument was! acknowledged before me this
/P- day of tOj4&i.. , A.D. , 1992, by J=144yo Ail/0410LS
as C e r y f L�fhuq CrEL°
of the City of Zephyrhills who is l personably known to me & —whe
_ _- - ' . ' : and who
did-/did not take an oath.
• Seal/Expiration:
• �C/ Jin)
AR PUBLIC
Commission # : ''••Y'e�•.
:.:�.•��c' LINDA D.BOANt /1`). 019 . r
_*� "' ':a=MY COMMISSION#CC(2�JS9iBVIHSS type or stamp name)
Ceao�Ii3 �.
•-74.••� June 15,1996 .
• of•OP•.
'•.or,�;. BONDED THRU TROY FAIN INSURANCE,INC.
1140627-r V3400993 10/20/92 09:34 AM
REFERENCE * 11_03
RECORDING/INDEXING
,., nO
iia WU
RECORDS MODERNIZATION FEE L.rim
TOTAL: 25.00
115031 CHARGED: 25. 00
GA DrR. 01.!-A AMT PAID: .00
O.P. 3077 PHE 16 2 9
-5-
•
0(Th
RESTRICTIVE COVENANT
0
The undersigned, as owner of the following described
premises :
That portion of tracts 14, 19, 30, 35, 46, 51, and 62, in Section
34, Township 25 South, Range 21 East, Zephyrhills Colony Company
Lands, as recorded in Plat Book 1, Page 55, Public Records of
Pasco County, Florida. Lying West of the Maintained right-of-way
for Sunnyside Drive.
AND
Tracts 13, 20, 29, 36, 45, 52, 61, 28, and 37, in Section 34,
Township 25 South, Range 21 East, Zephyrhills Colony Company
Lands, as recorded in Plat Book 1, Page 55, Public Records of
Pasco County, Florida.
pursuant to and in consideration of the Agreement between the
City of Zephyrhills, George A. Neukom and Ann B. Neukom and B & B
Project Straight, Inc . , d/b/a The Academy, does hereby agree to
forever restrict the use of the premises as follows :
1. The premises shall not be used for any type or penal or
correctional institution nor shall juveniles be educated or
housed, who at the time of their education or residency are
committed to the Department of Health and Rehabilitative
Services, State of Florida, under an adjudication of delinquency;
in the custody of the Department of Health and Rehabilitative
Services pursuant to a detention order from a Court of competent
jurisdiction during the pendency of a juvenile delinquent
proceeding ; or on probation from a Court of competent
jurisdiction for the commission of criminal acts with a specific
condition of said probation to attend the "Academy" .
2 . It is the intent of the grantor that said covenant shall
run with the land and that, same shall be enforceable by the City
of Zephyrhills and by any landowner whose property adjoins or
abuts the above-described premises. Division by a public right
of way or easement shall not prevent property from being deemed
contiguous to the above-described premises provided same would
adjoin or abut the premises if the public right of way or
easement were not in existence.
3 . Each intended beneficiary individually or jointly may
SCHEDULE 1
enforce this covenant in a court of equity to enjoin any
violation hereof. Each intended beneficiary shall not be limited
to injunctive relief, but may obtain any other relief or damages
permitted under the law of the State of Florida.
4 . The intended purpose of this restriction is to assure
that the premises shall be used only for the purposes represented
and that this restriction shall minimize any adverse impact said
use may have on landowners whose property adjoins or abuts the
premises or who are specifically adversely effected by the use
over and above that of the general public .
5 . Should any section, provision, sentence, clause or term
in this Agreement be declared unconstitutional, contrary to
public policy or otherwise void or unenforceable, then only that
portion shall be invalid and not the entire Agreement . This
document shall be liberally construed to give effect to the
purposes for which it was intended.
I/ 6 . In any proceeding in which an intended beneficiary
commences proceedings to enjoin a violation hereof, the
prevailing party shall be entitled to reasonable attorney fees
incurred in the litigation, including any appeals thereof .
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals, this day of
A.D. , 1992.
Signed, Sealed and Delivered
in the Presence of:
" B&B PROJECT STRAIGHT, INC. ,
d/b/a The Academy "
By:
Witness : As :
Address :
Witness :
( S E A L )
STATE OF FLORIDA
COUNTY OF PASCO
The foregoing instrument was acknowledged before me this
day of , A.D. , 1992, by •
, as of
B & B PROJECT STRAIGHT, INC. , d/b/a THE ACADEMY, who is
personally known to me or who has produced
as identification and who did/did not
take an oath.
Seal/Expiration :
NOTARY PUBLIC
Commission # :
(Print, type or stamp name)
1 , The Academy will be a State Certified School . No Public Tax funds will be
available from Pasco County Government Academy . tfor the costs of educating residents
`with `the exception. of 3 students at'. a. 'time •wh,i ch
may, on a negotiated ..tu.i.t.ion bas,i:s; ..be enrolled in certain accelerated courses such as
Adv. Calculus, etc. No resident 'of !The :Academy . •wi,ll be enrolled .-in Pasco Cty. Public "Schls.
2. The. Board of Directors of the_ .Academy;will consist of at least nine persons one of whom
shall be appointed by a majority vote of the city council , City of Zephyrhills .
The Board of Directors shall , among other duties, set admissions criteria for
residents of the Academy.
3. The developer will not be required to construct Green Slope Drive north of the
southerly entrance until 180 days after provision of a 60 foot public right-of way.
4. Dur.i.ng FY'92 there were 42 new single family dwellings built in Zephyrhills with
an estimated value of $2,301 ,731 . This is an average cost of approximately
$54,803 excluding land. Typical single family lot costs are approximately $15,000
which indicate an average market value of $70,000, or a taxable value after
homestead exemptions of $45,000. If half of the homes built in FY '92 had been
on the Neukom site, the City of Zephyrhills property .tax produced at a millage rate
of 6.42 would have been approximately $6,067. I suggest that payment-in-lieu of
taxes as follows:
FY '93 • $ 6,000 equivalent of 21 SF
FY '94 12,000 42
FY '95 18,000 ' 63
FY '96 24,000 84
FY '97 30,000 105
FY '98 36,000 126
FY '99 42,000 147
FY 2000 48,000 168
FY '01 54,000 189
FY '02 60,000 210
FY '03 _ 66,000 231
FY '04 70,000 24,1*
FY '05 et.sec. 70,000 •
•
•
*Build out if developed at 3.3 d.u./gross acre
•
Any P. I .L.O.T. should be incorporated as a .condition of site plan approval .
5• The developer agrees to indemnify the City from .liability' forany, l:i.t.i.gati.on.,:which' ,may
res'ult.,from`'requested PUD zoning or-any subsequent development order.
Agreed to
• B & B Project Straight
dba The Academy
11/ By ; .
Date to T