HomeMy WebLinkAbout1435-22 Abbott Park PUD Master Plan Amendment-Unknown Recorded Document-20220513-Document 1-001INSTR# 2022108316 OR BK 10613 PG 2113 Page 1 of 8
05/13/2022 08:44 AM Rcpt: 2455712 Rec: 69.50 DS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
ORDINANCE NO.: 1435-22
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA
AMENDING ORDINANCE NO. 1366-18, AMENDMENT OF ORDINANCE
CONDITIONS ASSOCIATED WITH THE ABBOTT PARK (ZEPHYR
LAKES) FUD MASTER PLAN IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 1.66.041, FLORIDA STATUTES;
PROVIDING FOR CODIFICATION, CONFLICT SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, in December 2005, site plan approval was granted by the City to allow the project
current known as "Zephyr Lakes"; and
WHEREAS, on February 27, 2006, the City Council adopted Ordinance 948-06, which
approved the rezoning of the Zephyr Lakes PUD from County Agriculture and County
Residential to City Zoning Category PUD; and
WHEREAS, The City received a request on behalf of Metro Development for approval of an
amendment permitting modifications; and
WHEREAS, Planning and Zoning have reviewed the application and have approved the
proposed amendments and modifications; and
WHEREAS, the City Council, as the governing body of the City of Zephyrhills, Florida,
pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City's Land
Development Regulations, is authorized and empowered to consider petitions related to zoning
and land development orders; and
WHEREAS, the City Council has considered the evidence and testimony presented by the
applicant and other interested parties and the recommendations of the various City of Zephyrhills
review agencies and staff, and
WHEREAS, the City Council deems approval of this Ordinance to be in the best interest of the
health, safety, and welfare of the residents and citizens of the City of Zephyrhills, and the public
at large.
NOW THEREFORE BE IT ENACTED AND ORDAINED BY THE CITY
COUNCIL OF ZEPHYRHILLS, FLORIDA AS FOLLOWS:
Section 1: The above Whereas clauses are hereby adopted and incorporated herein.
Section 2: The City Council for the City of Zephyrhills has determined that the PUD ("PD"),
Planned Unit Development, zoning category would promote the general welfare and encourage
proper development within the City, and that the following described lands, lying and being
situated in Pasco County, to wit:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED BY
REFERENCE AS EXHIBIT "A".
PARCEL I.D. NOS.: 26-25-21-0000-00300-0000; 35-25-21-0010-02100-0010; 26-25-21-0000-
00400-0010; 26-25-21-0000-00500-0000; 26-25-21-0000-00800-0000; 26-25-21-0010-03500-
0000; 26-25-21-0010-03600-0000; 26-25-21-0020-00100-0010; and 35-25-21-0010-00500-
0000.
CONTAINS APPROXIMATELY 235 ACRES M.O.L.
are hereby rezoned to PUD ("PD"), Planned Unit Development, subject to the following
conditions:
1. Development shall be in accordance with the amended Preliminary Development
Plan landscape/hardscape specifications approved with Ordinance No.: 1223-14, on February
10th, 2014 (the "PD Plan"), and the Zephyr Lakes Residential Design Guidelines submitted by
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OR BK 10613 PG 2114 Page 2 of 8
the developer, as may be amended from time to time and which will be approved by the City
Planning Department at or prior to the time of plat. Unless otherwise stipulated or modified
herein by the revised PUD Master Plan.
2. Development of the project shall be limited to a maximum of 541 single-family
detached units and 54 single-family attached units, or 108 multi -family units in lieu of the 54
single-family attached units.
3. Development shall meet the following development standards:
SITE DATA
PHASE
ACREAGE
UNITS
MIN LOT
WIDTH
IA and IB
46.5
123
50'
11
45.21
100
50'
IV
40.98
191
40', 50',
& 60'
subject to
notes
below
III and V
66.21
127
50'
V1
17.57
0
--
V11
5.8354
108
18'APT.
TOTAL UNITS
595 649
a. Single -Family Detached Setbacks:
Minimum front yard setback:
Minimum front yard functioning as side yard setback:
Minimum rear yard setback:
Minimum side yard setback:
Maximum building height:
b. Single -Family Detached Supplemental Standards:
20 feet/25 feet
to Garage
15 feet
15 feet
5 feet
35 feet/2-stories
1. Home builders shall provide staggered front yard setbacks, not less than two feet
on adjacent lots and shall be allowed to reduce the rear yard setback a distance
equal to the additional front setback.
2. Monotony Control — houses shall be required to have sufficient differences in
both front elevation and color schemes, and includes the following situations
being subject to the monotony code:
2.1 Two houses on each side of a proposed home that all face the same street.
2.2 The houses directly across the street from the proposed home.
2.3 One house on each side of the house directly across the street from the
proposed home.
3. Phase IV shall have a maximum of 100 — 40 foot lots, subject to 40 foot wide lots
being matched on a one to one basis with 60 foot wide lots. The 40 foot wide lots
may not be adjacent to, nor abutting, Pretty Pond Road.
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OR BK 10613 PG 2115 Page 3 of 8
4. Roofing shingles shall be dimensional type shingles, commonly referred to as
architectural shingles.
5. Minimum of two (2) trees shall be provided on each lot.
6. Notwithstanding any other condition herein to the contrary, if 40 foot lots are
commingled (located next to one another and across the street from one other)
with 50 foot lots in Phase IV and do not exceed a total of seventy (70) 40 foot
lots, then the one for one match of 40 foot and 60 foot lots under Condition No.
3(b)(3) shall not be required.
Single -Family Attached Setbacks:
Minimum lot width:
18 feet
Minimum lot size:
1,700 sf
Minimum front yard setback:
20 feet
Minimum rear yard setback:
20 feet
Minimum side yard setback:
10 feet
Maximum building height:
35 feet/2-stories
d. Multi -Family dimensional standards shall adhere to City of Zephyrhills Land
Development Code (LDC) Section 7.01.00 — Zoning District Performance and
Dimensional Standards.
e. Perimeter Landscape/Hardscape:
1. The entrance at the Kossik Road and future Dairy Road intersection shall include
water features. The ponds in Phases 1 A/ 1 B and II on either side of Kossik Road
shall include water features. Monuments and water features shall be owned and
maintained by an entity other than the City of Zephyrhills or Pasco County.
2. Perimeter screening along Kossik Road shall be a masonry or precast wall with
columns at regular intervals.
Perimeter screening along Wire Road may be PVC fencing, and shall undulate at
regular intervals. All fencing adjacent to or abutting the rear property line of a
residential lot shall be opaque. Any portion of the fence that is not adjacent to or
abutting a residential lot may be less opaque. The degree of opacity shall be at
the discretion of the developer.
4. Northern retention pond abutting Wire Road shall provide a perimeter landscape
buffer.
4. All wetlands and adjoining buffers, conservation/preservation areas, and wildlife
habitat/corridor areas shall be granted, conveyed, or dedicated to an entity other than the City of
Zephyrhills. Conveyance may be by recorded instrument or dedicated through the Final Plat as a
tract or easement.
5. The property located on the east side of Wire Road, depicted on the PUD Master
Plan as Phase VI, shall be used for stormwater treatment and attenuation, floodplain mitigation,
and environmental mitigation purposes only.
6. 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, or an approved community development district 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 some entity other than the City of Zephyrhills. Recreation
areas and neighborhood parks shall be conveyed to the association or community development
district. 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
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OR BK 10613 PG 2116 Page 4 of 8
instruments to be used to convey in fee simple the above-mentioned areas to said association or
community development district.
7. In addition to these PUD conditions of approval, the developer shall comply with
all City of Zephyrhills ordinances including all impact fee ordinances. 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 the
approval granted herein.
8. All internal local roadways, including streetlights, shall be owned and maintained
by the Zephyr Lakes Community Development District, established by Ordinance No. 1232-14
on June 23rd, 2014.
9. The developer has submitted an updated traffic study which has been reviewed by
City staff and Kimley-Horn, the City's consultant. The following issues shall be addressed based
on comments provided from Kimley Horn: 1) The applicant must construct the warranted
eastbound turn -lane at the intersection of Kossik Road and project access; 2) at the time
Applicant proposes a connection to Wire Road, Applicant will apply for a right-of-way use
permit from Pasco County, notify the City of Zephyrhills Planning Department of the same, and
the County will evaluate the connection and make recommendations for any improvements to
Wire Road at the time; and 3) Applicant shall meet with the City to discuss future traffic control
of the intersection of Pretty Pond Road and Wire Road. The Developer shall be required to
address City/engineer comments accordingly on the construction plans. An updated traffic
impact analysis will be required only if a unit increase is proposed. The developer shall apply
for a right-of-way use permit(s) from the appropriate governmental entity prior to
access/driveway connection, and shall comply with Pasco County's Access Management
Ordinance and Substandard road analysis standards, as applicable.
10. Developer shall convey to City or Pasco County as appropriate, at no cost to the
City or Pasco County, up to 47.5 feet of right-of-way along Wire Road as may be required by
Pasco County. The easternmost 30 feet of right-of-way shall be dedicated to Pasco County, and
the westernmost 17.5 feet of right-of-way shall be dedicated to the City of Zephyrhills.
11. Developer shall convey to the City, at no cost to the City, 50 feet of right-of-way
along Pretty Pond Road and 80 feet of right-of-way for Dairy Road extension on its property as
shown on the PUD Master Plan. In addition the developer shall construct Dairy Road to City
street standards as reflected on the PUD Master Plan from the south boundary of the property to
the entrance of Phase IV 4 as shown on the PUD Master Plan.
12. The developer shall convey to Pasco County the proposed 120 ft. right of way for
Kossik Road as depicted on the PUD Master Plan. In addition, the developer shall:
a. Design and permit Kossik Road from the eastern boundary of the Commercial
Parcel (at its existing eastern terminus) to Wire Road as a two 2 -lane collector
road and construct 2 lanes thereof. Subject to any Executive Order extensions
previously -approved by the City, Applicant shall construct or bond such section
of Kossik Road by December 31, 2022. In lieu of any obligation to design, permit
or construct lanes 3 and 4 of Kossik Road, Applicant hereby consents to the
City's imposition of a transportation impact fee surcharge of $1,000 per unit on
all remaining, 291 un -platted units within the PUD (Phases 3, 4C, 5 and 6) (the
"Surcharge"). The Surcharge will be payable and collected by the City at the time
of the issuance of each certificate of occupancy for each such unit (the remaining
291 un -platted units in Phases 3, 4C, 5 and 6 of the PUD). Additionally,
Applicant is willing to, and does hereby, forego (subject to there being no appeal
of the subject rezoning) $59,000.00 worth of transportation impact fee credits that
Applicant is otherwise due from the City in accordance with Condition No. 23
hereof for Applicant's design and engineering of the portion of Dairy Road lying
south of Kossik Road and north of the entry to Phase IV. The intent of the parties
is that Applicant is foregoing an amount roughly equal to the consideration it
received from Duke Energy's predecessor as part of its acquisition from
Applicant of the existing easement along the east end of the PUD (along Wire
OR BK 10613 PG 2117 Page 5 of 8
Road) pursuant to which Duke Energy has installed a transmission pole in the
future right-of-way of Kossik Road (the "Duke Pole"). As such, the City does
hereby, for itself and its successors and assigns, fully remise, release, acquit and
forever discharge Applicant and its members, managers, affiliates, successors and
assigns (the "Released Parties"), of and from any and all duties, rights, claims,
demands, actions and causes of action, civil or administrative remedies, of any
nature whatsoever, whether arising at law or in equity, concerning the Duke Pole
or the design, engineering, permitting or construction of the Yd and 4th lanes of
Kossik Road through the PUD.
b. Design and permit a single -lane roundabout at the intersection of Wire Road and
Pretty Pond Road (the "Roundabout"). Developer shall submit the plans for
approval no later than December 31, 2022. In order to expedite and facilitate
Developer's design and permitting of the Roundabout, the City shall deliver to
Developer (and provide reliance letters as requested by Developer) all survey,
utility and other relevant information in the City's possession or control
concerning the existing rights-of-way or improvements at or near the intersection
of Wire Road and Pretty Pond Road, including the construction plans, permits,
approvals and "as -built" surveys for any above -ground and below -ground
improvements within three hundred fifty feet (350') of the intersection. The City
acknowledges and agrees that: (i) the design of the Roundabout may require that
the City acquire additional right-of-way on Wire Road and/or Pretty Pond Road;
and (ii) Developer has no obligation to provide or acquire any additional right-of-
way, nor to construct the Roundabout.
13. The Developer shall not be entitled to transportation impact fee credits for the
right-of-way conveyance or roadway construction described in conditions 9, 10, 11 or 12 hereof,
except the construction of the 3rd and 4th lanes of Kossik Road if developer, in its sole discretion,
elects to construct the same. The multi -Purpose trail construction on Wire Road as described in
Condition No. 14 shall not be eligible for transportation impact fee credits.
14. All improvements to Kossik Road and Dairy Road described herein shall include
sidewalks, a pedestrian trail, and bike lanes as depicted on the PUD Master Plan. Ownership and
maintenance of each roadway and associated stormwater pond areas shall be set in the Final Plat
dedication The developer shall construct a 10' wide concrete multi-purpose trial on the west side
of Wire Road within the 17.5 feet of ROW to be dedicated to the City of Zephyrhills. The trail
shall be constructed along the entire boundary of the development when Kossik Road connects to
Wire Road. Pursuant to Land Development Code Section 7.02.02.02, subdivision streets (Kossik
Road is a collector road for purposes of this sentence) abutting existing streets shall require
subject streets to be built to a minimum standard of 20' pavement. A County ROW use permit
shall also be required for connections to County rights-of-way.
15. Stormwater management and drainage plans shall be designed in accordance with
Southwest Florida Water Management District (SWFWMD) requirements for open/closed
drainage basins, whichever is applicable. The total post -development volume leaving the site
shall be no more than the total pre -development volume leaving the site for the design of a 100 -
year storm. Maintenance of pre -development off-site low flow may be required in hydrologically
sensitive areas. The developer shall also comply with the City of Zephyrhills Basins of Special
Concern Ordinance. All proposed retention ponds and flood plain mitigation areas shall comply
with the City's landscape ordinance.
16. The developer will submit site/lot grading plan to the City prior to the final
approval of its construction plans.
17. The City of Zephyrhills will provide water and wastewater services to the project.
The Developer shall construct reclaimed water line infrastructure in each phase of the project
that will be served by a master meter. City agrees to provide potable water until such time as
reclaimed water is available.
18. Vacation of any existing rights-of-way on the subject property must be completed
prior to or concurrent with approval of the final plat.
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OR BK 10613 PG 2118 Page 6 of 8
19. All FDEP/environmental issues pertaining to closure and/or mitigation of the
dairy shall be completed and receive final approval by FDEP as necessary, prior to approval of
each final plat.
20. Recreation site development standards shall be in accordance as reflected on the
PUD Master Plan.
21. Unless required elsewhere within the conditions of approval, all conveyances to
the homeowners' association or community development district if applicable as 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 shall be free and clear of all liens and encumbrances
except for any homeowners' association or community development district restrictions or
encumbrances, standard exceptions, easements, permit requirements and plat restrictions.
22. Construction plans shall provide full details concerning the development interior
street enhancements to be provided at crosswalks/intersections.
23. Developer shall design and engineer the portion of Dairy Road lying south of
Kossik Road and north of the entry to Phase IV. The City shall provide impact fee credits to
developer for all costs reasonably incurred by developer as part of such design and engineering
for the subject portion of Dairy Road.
24. The locations of ponds and park/recreation areas are conceptual and are subject to
relocation without constituting an amendment to the PUD.
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 Ordinance shall become effective upon passage on the second reading and
signing by the Mayor.
Tl foregoing f3ril, nce No. 1435-22 was read and passed on the first reading in an open and
regular meeting of the City Council of the City of Ze hyrhills, Florida, on this 25`' day of April,
X022,
Attest:
L o� 'L.. Hillmdjl;l City Clerk Jodi Wil eson, Council Presi ent
riance No. 1435-22 was read and passed on the second reading, following a
The `f(5rogYiJA,0Mi
public hearing, in an open and special meeting of the City Council of the City of Zephyrhills,
Florida, oxi;t pA � ' day of May, .2022.
Attest.
Lori L. Hillman, City Clerk Jodi Wilkeson, Council President
The foregoing Ordinance. No. 1435-22 was a:ne
ov y me this 9`'' day of May, 2022.
Whitfield, M or
L
Approved as to legal form and legal content
A� ff
Matthew E. Maggard, C-114 Attorney
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OR BK 10613 PG 21 20 Page 8 of 8