HomeMy WebLinkAbout1448-22 Eiland Blvd. Mixed Use FLUMAINSTR# 2022252159 OR BK 10730 PG 1505 Pagel of 10
12/01/2022 09:28 AM Rcpt: 2528492 Rec: 86.50 DS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA,
APPROVING A SMALL SCALE FUTURE LAND USE MAP
AMENDMENT FROM COUNTY RES -6, COUNTY RES -9 AND CITY RU
(RESIDENTIAL URBAN) TO CITY MU (MIXED USE), FOR PARCELS 03-
26-21-0010-02000-0000, 03-26-21-0010-03600-0000, 03-26-21-0010-05100-
0000, 03-26-21-0010-06100-0000; PROVIDING FOR CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Council has been given authority by the State of Florid 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 land owners, together with the approval of the City Council of said Future Land Use
Map Amendment duly expressed by Ordinance; and
WHEREAS, Clyde A. Biston and Acme Development Corp., as owners of the lands described in Section
3 below did consent to the Future Land Use Classification change of said lands to Cify MU (Mixed Use);
and
WHEREAS, due public notice of hearings on the proposed rezoning were given by the City Council on
October 27, 2022, as required by the Zephyrhills Land Development Code, as amended, and Chapter
125.55(2), Florida Statutes; and
WHEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a meeting on the
20' day of September, 2022 to consider the proposed rezoning and did recommend approval; and
WHEREAS, the proposed Future Land Use Map amendment meets the criteria of a small-scale Future
Land Use Map amendment and is consistent with the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, the City Council has determined that the Mixed Use (MU) Future Land Use Classification
would be appropriate, would promote the general welfare and would encourage proper development within
the City; and
WHEREAS, the City Council desires to hereby formally adopt the amendment to the City's
Comprehensive Plan.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the City Council of Zephyrhills, Florida
as follows:
Section 1: The Whereas Clauses above are true and accurate and are incorporated by reference and
made a part of this Ordinance.
Section 2: This Ordinance is enacted pursuant to Chapters 163 and 166, Florida Statutes, and under
the home rule powers of the City.
Section 3: The following described lands lying and being situated in the City of Zephyrhills, to wit:
Legal Description(s) attached hereto as Exhibit "A" and by reference made a part
hereof, as amended.
20.34 Acres MOL.
the Future Land Use classification is hereby amended from County RES -6, County RES -9
and City RU (Residential Urban) to City MU (Mixed Use) and is included within the
boundaries of the City of Zephyrhills, Florida.
Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent
of such conflict.
Section 5: That if any section, sentence, clause, or phrase of this ordinance is held to be invalid or
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 6: This Ordinance shall become effective thirty-one (31) days after passage on the second
reading and signing by the Mayor if no challenge is filed, and as provided in the City
Charter and Chapter 163, Florida Statutes.
M
OR BK 10730 PG 1506 Page 2 of 10
Tlfcc' X Ordinance No. 1448-22 was read and passed on the first reading, following a public hearing,
� in an open afro } galar meeting of the City Council of the City of Zephyrhills, Florida, on this 14' day of
November;' 2021,
b Lori L. fW,,Iman, City Clerk Jodi Wilkeson, Council President
The foregoing Ordinance No. 1448-22 was read and passed on the second reading, following a public
hearing, in an open and regular meeting of the City Council of the City of Zephyrhills, Florida, on this 28'
day (#V4(Fr pt 2022.
Attest
"Lori L:'Ftillman, City Clerk QJodlkeson, Council President
T -4o foregoin l aaance No. 1448-22 was approved by me this 28e day of November, 2022,
1 4
G e Whitfield, or
Approved as to legal form and content for the
reliance of the City of Zephyrhills only:
Matthew E. Maggard, City Attorney
-2-
OR BK 10730 PG 1507 Page 3 of 10
Eiland Blvd & Ft King — FLUMA Parcels
03-26-21-0010-02000-0000
ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 55 S1/2 OF TRACT 19 LYING WEST OF
FORT KING RD & S1/2 OF TRACT 20 TRACT 29 & TRACT 30 WEST OF FORT KING RD TRACT
36 LESS WEST 560 FT THEREOF N 66 FT OF EAST 100 FT OF TRACT 45 & TRACT 35 LESS
WEST 300 FTOF SOUTH 80 FT THEREOF & TRACT 46 LESS NORTH 66 FT OF WEST 300 FT &
LESS SOUTH 264.08 FT LYING WEST OF FORT KING RD & EXC PORTION OF PARCEL DESC
AS THAT PART OF TRS 30 35 & S1/2 OF TR 19 LYING WEST OF FT KING RD & EAST 250.00 FT
OF TR 29 & S1/2 OF TR 20 AS DESC IN OR 7730 PG 433 OR 5510 PG 215
03-26-21-0010-03600-0000
ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 55 SOUTH 264.OFT OF THAT PART OF
TRACT 46 LYING WEST OF FORT KING ROAD & SOUTH 264.0 FT OF TRACT 45 & WEST 560.0
FT OF TRACT 36 & WEST 560.OFT OF TRACT 45 LESS SOUTH 264.0 FT THEREOF & EXC EAST
250 FT OF TR 36 PER OR 7730 PG 433 & EXC THAT PORTION LYING WITHING PARCEL DESC
IN OR 9287 PG 425 OR 7376 PG 296
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ZEPHYRHILLS COLONY COMPANY LANDS PB 1 PG 55 TRACT 50 LYING WEST OF RR &
TRACTS 51 & 52 TOGETHER WITH EAST 15 FT OF ROAD R/W LYING WEST OF TRACT 52
VACATED PER OR 380 PG 714 LESS THAT POR OF TRACT 50 DESC AS:COM AT SW COR OF
SEI/4 OF NE1/4 OF SEC TH NOODG 08'11 "W 15.00 FT TO SOUTH BDY OF TRACT 63 TH ALG
SAID SOUTH BDY S89DG 41'3 1 "E 291.14 FT TO THE WLY R/W LINE OF FORT KING ROAD AS
IS NOW ESTABLISHED TH ALG SAID R/W N25DG 28'18"W 350.27 FT TO SE COR OF THE
LAIR PARCEL AS PER OR 774 PG 439 & 440 FOR POB TH N89DG 44'00"W 5.55 FT TH N25DG
28' 18"W 18.59 FT TH N64DG 31' 42"E 5.00 FT TO WLY R/W LINE OF FORT KING RD TH ALG
SAID R/W S25DG 28' 18"E 21.00 FT TO POB & EXC POR OF TR 50 LYING WEST OF RR AS
DESC IN OR 7622 PG 1272 TOG WITH THE W 1/2 OF VAC R/W PER OR 8039 PG 43 LYING
ADJACENT THERETO OR 7731 PG 1517
03-26-21-0010-06100-0000
ZEPHYRHILLS COLONY COMPANY LANDS PB 2 PG 6 TRACT 61 EXC EAST 426.00 FT
THEREOF TO- GETHER WITH EAST 15 FT OF ROAD R/W LYING WEST OF TRACT 61
VACATED PER OR 380 PG 714 & LESS THE FOLL DESC PARCEL: COM AT SW COR OF NEI/4
OF SEC TH NOODG 03' 13"W 15.00 FT TO SOUTH BDY LINE OF VACATED ZEPHYRHILLS
COLONY COMPANY ROAD R/W FOR POB TH CONT NOODG 03'13"W 63.00 FT TH S89DG 41'
31 "E 237.95 FT TO WEST BDY LINE OF EAST 426.00 FT OF TR 61 TH SOODG 05142"E 63.00 FT
TO SOUTH BDY LINE OF TRACT 61 TH N89DG 41' 31 "W 238.00 FT TO POB OR 4432 PG 825
OR BK 10730 PG 1508 Page 4 of 10
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EXHIBIT 64099
141 W-11 0 112 AA 1 K144p111`l4
A. PUD Master Plan
OR BK 10730 PG 1510 Page 6 of 10
1. A final site layout plan shall be submitted for approval by the City Council prior to the submission of Site
Development/Construction Plans. The site layout plan shall be designed in accordance with the PUD
Master Plan approved by Ordinance No. 1449-22.
2. All development shall be in accordance with the PUD Master Plan, as approved by City Council; the Land
Development Code (LDC); and the Comprehensive Plan, unless otherwise stipulated or modified herein.
B. Environmental Resources
1. The Developer shall provide all environmental permits as required by applicable law prior to the issuance
of a site work or building permit.
2. If, during construction activities, any evidence of the presence of State or Federally protected plant and/or
animal species is discovered, the City of Zephyrhills and applicable agencies shall be notified within two
(2) working days of the discovery of the plant and/or animal species on site. All work in the affected area
shall come to an immediate stop until all pertinent permits have been obtained, agency written
authorization to commence activities has been given, or unless compliance with state and federal
guidelines can be demonstrated.
C. Historic/Archaeological Resources
1. If, during construction activities, any evidence of historic resources including, but not limited to, aboriginal
or historic pottery, prehistoric stone tools, bone or shell tools, historic trash pits, or historic building
foundation are discovered, work shall come to an immediate stop, and the State Historic Preservation
Officer (SHPO) at the Florida Department of State, Division of Historical and Archaeological Resources and
the City of Zephyrhills shall be notified within two (2) working days of the finding of resources on site.
D. Traffic Study/Methodology
1. The traffic methodology submitted by the applicant assumes the following land uses: 347 multi -family
units and 172,671 square feet of non-residential. Subject to the land use exchanges permitted by the PUD
Master Plan approved by Ordinance No. 1449-22, any development of land use(s) that generates greater
traffic impacts than those assumed, shall require an updated methodology and Traffic Study, or other
required information if de minimus, to be approved by the City.
E. Right -of -Way Dedication
1. Roadway connections to Fort King Road and Eiland Boulevard shall be finalized and shown on the final site
layout plan and shall be in substantial conformance with the PUD Master Plan. Any additional right-of-
way required for such connections, as determined by Pasco County, shall be provided by the developer.
The developer shall not be responsible for providing or the cost of obtaining any required off-site right-
of-way.
OR BK 10730 PG 1511 Page 7 of 10
2. In the case of private streets, dedication and maintenance shall be the responsibility of an appropriate
entity other than the City of Zephyrhills. The City of Zephyrhills will not be responsible for the maintenance
of any private streets.
3. Rights-of-way may be transferred by perpetual right-of-way easement, fee simple deed, or as otherwise
directed by Pasco County. All conveyances shall occur prior to the approval of the future site
development/construction plan or final plat, as may be applicable. All conveyances shall be clear of all
liens and encumbrances, including exemption from all covenants and deed restrictions.
F. Utilities/Waster Service/Wastewater Disposal
1. Utility plans for the entire development shall be submitted to the Utilities Department for review and
approval prior to or concurrent with submittal of the construction plans. This utility plan shall show, at a
minimum, the following:
a. Trunk sewer lines and life stations;
b. Main potable water lines and non -potable water lines, if applicable;
c. Sewage treatment facility locations, including discussion of the proposed method of treatment and
feasibility of a non -potable water system for irrigation;
d. The utility plans shall include AutoCAD and PDF electronic files and hydraulic analysis for the water,
wastewater and reclaimed water systems.
2. The developer shall construct all water and wastewater facilities within the development to current City
standards. A complete set of standards may be obtained from the Utilities Department.
G. Roadway Improvements/Access Management
1. Developer shall be required to design, engineer, permit and construct the following site access
improvements, where warranted by traffic analysis or other study, along Fort King and Eiland Boulevard:
a. West -bound right -turn lane(s) into the project on Eiland Boulevard;
b. East -bound left -turn lane(s) into the project on Eiland Boulevard;
c. South -bound right -turn lane(s) into the Project on Fort King Road;
d. North -bound left turn lane(s) into the Project on Fort King Road;
2. Developer shall be responsible for improvements to the intersection of Fort King Road and Eiland
Boulevard, limited to the south -bound right -turn lane from Fort King Road onto Eiland Boulevard. The
Developer shall be entitled to transportation impact fee credits related to such improvements.
H. Land Use
1. The residential and non-residential dimensional standards hall be as depicted on the PUD Master Plan,
limited to the following:
a. The maximum overall density of the project shall be 11.98 units per gross acre;
b. Area MF shall be limited to a maximum of 267 residential units and a maximum height of 4 stories;
OR BK 10730 PG 1512 Page 8 of 10
c. Area MU shall be limited to a maximum of 80 residential units or 87,381 square feet of
office/neighborhood commercial space, or a combination thereof, and a maximum height of 2 stories
(or 35 feet);
d. Area NC shall be limited to a maximum of 85,290 square feet of office/neighborhood commercial
space and a maximum height of 2 stories (or 35 feet).
e. The maximum density or square footage above is not a vested right and is subject to reduction based
on, or as a result of, applicable City ordinances and resolutions, and final site development/
construction plans.
2. Allowable uses shall be as provided and depicted in Table 1 of the PUD Master Plan, subject to the
following:
a. By Right— By right shall mean the use is permitted by right;
b. By Warrant—A warrant is a ruling that would permit a use that is not given by right within the PUD.
i. A request for a warrant shall be accompanied by documentation establishing how the
development proposal continues to meet the intent of the PUD. A request shall also include
documentation demonstrating that the warrant:
(a) Is applicable to special conditions and circumstances that exist and are peculiar to the land,
structure, or building involved and which are generally applicable to other lands, structures
or buildings in other similar Planned Unit Developments;
(b) Will be consistent with the intent of the PUD and the overarching land development code,
where applicable;
(c) Will promote the same level of land use compatibility as the otherwise applicable standards;
(d) Will not materially affect adjacent land uses and the physical character of uses in the
immediate vicinity of the proposed development because of inadequate buffering, screening,
setback and other land use considerations; and
(e) Is in the best interest of the public and promotes the general health, safety and welfare of the
neighborhood to be affected by the warrant.
ii. Warrants may be granted administratively by the Site Plan Review Committee. The Site Plan
Review Committee is hereby authorized to administratively approve, approve with modifications
or disapprove a request for a warrant pursuant to this PUD. In granting any warrant the approving
body shall prescribe appropriate conditions and safeguards in conformance with the PUD.
Violation of such conditions and safeguards, when made a part of the terms under which the
warrant is granted, shall be deemed a violation.
iii. An appeal of the determination for a warrant shall follow the procedures outlined in Part 11.17.00
of the Land Development Code. The appeal shall not subject the entire application for
development approval to a public hearing unless otherwise required by these conditions, but only
that portion necessary to rule on the issue under consideration.
iv. Any warrant issued shall expire upon the expiration date of the site development
plan/development order or Business License into which the warrant has been incorporated.
OR BK 10730 PG 1513 Page 9 of 10
v. A warrant maybe amended only by the procedures outline in this section.
c. Blank Spaces —Where spaces in Table 1 are left blank and do not indicate "by right" or "by warrant,"
the use shall be deemed prohibited.
3. Land considered for neighborhood park requirements or used for stormwater retention/detention shall
be a minimum of 20 feet from the front or rear of any structure, or 15 feet from the side of any structure.
4. Building, setbacks, build -to -lines, frontage and orientation standards shall be as provided and depicted in
the PUD Master Plan.
5. The following control shall be provided, unless otherwise approved by City staff as part of the site
development plan or other approvals:
a. Mailbox kiosk(s) shall be approved by the US Postal Service and will be provided as needed in the
project;
b. Entry features and signage location(s) shall be depicted on the site development/construction plans,
but signage details will be reviewed separately by City staff pursuant to the City's sign ordinance(s);
c. Decorative street/parking lot lights shall be used subject to approval of the applicable utility provide
and manufacturer's design specification. Underground wiring may be used where such street lights
are not solar powered. Lighting plans shall be included with the site development/construction plans.
i. Landscaping
1. A street tree plan shall be included at the time of site development/construction submittal to be approved
as part of the site development/construction plan review. At least 1 tree per 50 linear feet shall be
required along both sides of the street. The specific location of the required trees shall be determined at
the final design of street -cross sections during the site development/construction plan review. Existing
trees that are preserved may be counted toward satisfaction of this requirement.
2. Perimeter landscape buffers shall meet or exceed the standards provided in the approved PUD Master
Plan for standard and enhanced buffers.
a. An enhanced buffer shall be required along that portion of the western boundary of the PUD adjacent
to the neighboring Parcel No. 03-26-21-0010-04400-0040 to provide greater screening/buffering
between the low-density residential use and the PUD.
3. Landscape plans for stormwater retention/detention areas shall be included at the time of site
development/construction plan submittal to be approved as part of the site development/construction
plan review. A minimum of 1 tree per 50 linear feet of pond bank shall be required. Trees may be linear
in arrangement or grouped together in clusters. Specific location of the required landscaping shall be
determined during the site development/construction plan review. Existing trees that are preserved may
be counted toward the satisfaction of this requirement.
4. Vehicular use area (such as parking lots, drive aisles, etc.) landscaping shall be included at the site
development/construction plan submitted to be approved as a part of the site development/construction
plans review. Vehicular use area landscaping shall meet or exceed the standards of Part 7.06.00, LDC. The
specific location and type of landscaping shall be determined during the site development/construction
plan review.
OR BK 10730 PG 1514 Page 10 of 10
5. Foundation landscaping shall be included at the time of site development/construction submittal to be
approved as part of the site development/construction plan review. Foundation landscaping shall meet
or exceed the applicable standards of Part 7.06.00, LDC. Foundation landscaping may be provided in
landscape beds and/or planter areas, at least 5 feet in width, and shall be irrigated. The specific location
of required landscaping shall be determined during the site development/construction plan review.
J. Stormwater
1. Drainage study and Stormwater management plans shall be submitted with the site
development/construction plans. All future construction/stormwater management shall comply with the
City of Zephyrhills Basins of Special Concern ordinance and all applicable permits from SWFWMD and/or
the FDEP shall be obtained prior to the issuance of a site work or building permit.
2. Stormwater management plans shall include a phased approach and best -management practices for
construction of the stormwater system so as avoid impacts to neighboring properties during construction.
K. Procedures
1. All conditions of this PUD approval are material to the City Council Approval. Accordingly, the conditions
are not severable. In the event any subsection, sentence, clause, or provision of these conditions or the
rezoning is challenged and declared illegal, invalid or in violation of any statutory or constitutional
requirement by a body with jurisdiction to make such determination , the remainder of the conditions of
the PUD approval shall be suspended until such time that the City Council modifies the PUD conditions of
approval to address the illegal or invalid provision, provided that such suspension shall not exceed nine
(9) months in duration. However, such determination shall not affect the validity of: a) PUD entitlements
that have received a plat, building permit, or certificate of occupancy; or b) any PUD mitigation committed
to or performed as of the date the determination is made, unless such approvals or mitigation are
specifically declared to be illegal, invalid or unenforceable. Requests for City Council -approved
modifications to the PUD or the PUD conditions of approval shall not be considered challenges, and
decisions by the City Council regarding any modification of the like shall not have the effect of suspending
the conditions and the PUD approval under any circumstances.