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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 • cc�� Icy c 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