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HomeMy WebLinkAbout1449-22 Eiland Blvd. Mixed Use PUD RezoningINSTR# 2022252158 OR BK 10730 PG 1492 Page 1 of 13 12/01/2022 09:28 AM Rcpt: 2528491 Rec: 112.00 DS: 0.00 IT: 0.00 Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller ORDINANCE NO. 1449-22 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, REZONING THE SUBJECT PROPERTY HEREINAFTER DESCRIBED TO CITY ZONING CATEGORY PUD (PLANNED UNIT DEVELOPMENT) IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 166, FLORIDA STATUTES; APPROVAL OF THE PRELIMINARY DEVELOPMENT PLAN; PROVIDING FOR CODIFICATION, CONFLICT SEVERABILITY, AND AN EFFECTIVE DATE. (EILAND MIXED USE PUD). WHEREAS, the City Council has been given authority by the State of Florida pursuant to Chapters 163 and 166, Florida Statute, to rezone property within the City Limits upon receipt of written consent of the land owner, together with the approval of the City Council for said rezoning 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 rezoning of said lands to City Planned Unit Development (PUD); and WHEREAS, the Planning Commission, sitting as the Local Planning Agency, did hold a public hearing on the 20' day of September, 2022 to consider the proposed rezoning and did recommend approval; 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 163, Florida Statutes; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant(s) and other interested parties and the recommendations of the various City of Zephyrhills review agencies and staff; and WHEREAS, the City Council has determined that the Planned Unit Development (PUD) zoning category would be appropriate, is consistent with the Future Land Use classification of Mixed Use (MU), would promote the general welfare, and encourage proper development within the City. NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the City Council of Zephyrhills, Florida as follows: Section l: 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: Survey Boundary with Legal Description attached hereto as Exhibit "A" and by reference made a part hereof, as amended in accordance with the PUD Plan and Conditions of Approval. Section 4: A preliminary "PUD Master Plan" is attached hereto as Exhibit "B" and by reference made a part hereof. Section 5: The "Conditions of Approval" are attached hereto as Exhibit "C" and by reference made a part hereof. Section 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 7: 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 8: This Ordinance shall become effective thirty-one (31) days after passage on the second reading and signing by the Mayor. -1- OR BK 10730 PG 1493 Page 2 of 13 Thpfoing Ordinance No. 1449-22 was read and passed on the first reading, following a public hearing, `� in' ri opei re lar meetingof the Cit Council of the Ci of Zephyrhills,Florida on this 14'' da of Y ny November, 20 11 Attest. Lori L.1*Tlman, City Clerk Jodi Wilkeson, Council President oing Ordinance No. 1449-22 was read and passed on the second reading, following a public The' 16feg hearing, in an open and regular meeting of the City Council of the City of Zephyrhills, Florida, on this 28' day of November, 2022. Attest ' 1 Lori L. Hillman, Clerk Jodi ilkeson, Council President foregoing Ordinance No. 1449-22 was approved by me this 28t' day of November, 2022. k�° r Ge,d Whitfield, Mayo 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 1494 Page 3 of 13 A. DESCRIPTION: For Entire Property included in PUD DESCRIPTION: (prepared per this survey) A parcel of land lying within Section 3, Township 26 South, Range 21 East, Pasco County, Florida, being more particularly described as follows: For a POINT OF REFERENCE commence at the Southwest corner of the Northeast 1/4 of said Section 3; thence N.00°02'52"W., along the West boundary of said Northeast 1/4 of Section 3, a distance of 77.94 feet to the North right-of-way line of Eiland Boulevard for a POINT OF BEGINNING; thence continue along said West boundary, N.00°02'52"W., a distance of 1,732.31 feet; thence N.89°55'15"E., a distance of 412.81 feet; thence S.00°06'38"E., a distance of 651.26 feet; thence N.79°59'30"W., a distance of 149.10 feet; thence S.15°00'26"W., a distance of 242.86 feet; thence S.44°54'26"E., a distance of 47.10 feet; thence N.89°59'20"E., a distance of 264.86 feet; thence S.00°00'07"E., a distance of 261.08 feet to the North boundary line of Tract 52, ZEPHYRHILLS COLONY COMPANY, Plat Book 2, Page 6; thence along the North boundary line of Tract 52, then Tract 51, S.89°45'20"E., a distance of 825.85 feet to the West right-of-way line of Fort King Boulevard; thence S.25°20'53"E., along said West right-of-way line, a distance of 344.78 feet; thence S.64°22'23"W., a distance of 15.04 feet; thence S.25'28'1 8"E., a distance of 13.77 feet; thence N.89°44'00"W., a distance of 139.98 feet; thence S.00°08'23"E., a distance of 290.27 feet to the aforesaid North right-of-way line of Eiland Boulevard; thence along said North right-of- way line the following two (2) courses: (1) N.86°14'35"W., a distance of 631.68 feet; (2) N.89°41'42"W., a distance of 697.23 feet to the POINT OF BEGINNING. LESS that portion described in Official Records Book 8021, Page 118 of the Official Records of Pasco County Florida being described as: A portion of Tract 50, of Zephyrhills Colony Company Lands in Section 03, Township 26 South, Range 21 East, as shown on the plat recorded in Plat Book 2, Page 6 of the Public Records of Pasco County, Florida and lying West of Fort King Road being more particularly described as follows: Commence at the Southwest corner of the Northeast 1/4 of said Section 3, thence along the South boundary line of the Northeast 1/4 of said Section 3, South 89041'31" East 1327.95 feet to the Southwest corner of the Southeast 1/4 of the Northeast 1/4 of said Section 3; thence along the West boundary line of the Southeast 1/4 of the Northeast 1/4 of said Section 3, North 00°08'11" West, a distance of 40.00 feet to the North right of way line of Eiland Boulevard (Parcel 165) North 86°14'41" West along said right of way line a distance of 15.03 feet to the East line of Tract 62 of said Zephyrhills Colony Company Lands; thence North 00°08'11" West along said East line 354.85 feet; thence leaving said east line on a curve concave to the Southeast having a radius of 57.00 feet, a chord bearing of North 31012'03" East, a chord distance of 59.36 feet, thence Northeasterly 62.43 feet through a delta angle of 62°45'11"; thence North 62034'39" East, 36.70 feet to the POINT OF BEGINNING thence North 25°28'18" West 30.00 feet; thence North 62034'39" East 30.00 feet to the West right of way line of Fort King Road; thence South 25°28'18" East along said right of way line a distance of 30.00 feet; thence South 62°34'39" West leaving said right of way line a distance of 30.00 feet to the POINT OF BEGINNING. Containing 28.956 acres, more or less. N w Z� Q �p : O H J 6 o `, z � ', CO Z a- O <= U Z: O 3U O� ri z O F- 0 w OR BK 10730 PG 1495 Page 4 of 13 ZLOZ/t/Z �A3rt2V1S Q'0� �O 31tl� »mm� n�" ,,...,,, o.=w=, ooAu o �" p.• zvaa ,.r° °nr ,w,,,,..•uK=�.» Nze'r� a�®d :.ueno� e¢ xxw sx dnni f �s v�, °w°.a o." •m�wc rug •amu, aim+ z .zIr /zvz v 10000EOVV6o-12fK �ON 1J302N pooh 6UIN }Joh;o p�4na�noe PUDI!D s NOSr�ossv _ „o uoporv}suo� �soo� AoJ /ening oiydca6odol g tiopunog � 905$0. - 5"3�eo v5 o<" wFm�wao oaz ° g�6^��9� F9J E^ a ;;�j r"ya g u gae ^gym S- m.: o00 „a C�a=�kUea aWa�f 3 ��za °�:aS c�ro5we od�F lic g0. ea » o8�aawa h�o�z e lit 5 o�0`«i�ymc9m co $Na9 „aN'a c`v.pp=gym 9q� m vao`�€"<y 3� 40 x E�=5^ss8mo4 3�sa� g 6 I aa� apa WP, a'Xaa. d g ��� asw tze¢€ $$ 4 H w heat .r:�e;rr §a '3a� sY¢�a�$ g. _°gdw• .o .a .040 �.«.0���1 � �,saa�a�, �<, .a��� 8E0. C fi o° ;yrn 3. s gS r fi sF� s € & a ro E A 9 9 z e3� C �e 3s 0.e °b 50. s5m OR BK 10730 PG 1496 Page 5 of 13 ❑ n '....... ¢�¢®o %rOhOa a :,PAgass3Fa `4 �H .I ' -0 I IV. ? Boundary & Topographic Survey RHNSON DA E . SHEET DESCRIPTION Golf Coast Construction g �. Eiland Boulevard at Fort King Road s PROJECT NO: =-064=00001 SEE SHEET 2 FOR BOUNDARY NFORMATION SEC 3 TVN. 265 RNO: 21E ICOUNTY: P— Canty ,• .,^ « DATE OF FBA SURVEY. 2/1/2022 may} - _ N 130p 26 9 ,F a(� OR BK 10730 PG 1496 Page 5 of 13 ❑ n '....... ¢�¢®o %rOhOa a :,PAgass3Fa `4 �H .I ' -0 I IV. ? Boundary & Topographic Survey RHNSON DA E . SHEET DESCRIPTION Golf Coast Construction �. Eiland Boulevard at Fort King Road s PROJECT NO: =-064=00001 SEE SHEET 2 FOR BOUNDARY NFORMATION SEC 3 TVN. 265 RNO: 21E ICOUNTY: P— Canty ,• .,^ « DATE OF FBA SURVEY. 2/1/2022 OR BK 10730 PG 1497 Page 6 of 13 Boundary & Topographic Survey DOHNSOV SHEET DESCRIPTIONo Golf Coost Constructio � SSCC/ATES --____----_--- — Eiland Boulevard at Fort King Road----------- ' SEE SHEET 2 FOR ElOVNWY PROJECT NO 2021-M14A0300001 NPCOMATION -• a-" ,..^ «^, DATE OF FAD SLRVEY: 2/1/2022 SEC: 3 1 T .. M lMa 21E f COUNTY: P— Cash OR BK 10730 PG 1498 Page 7 of 13 ws �e d i 'i 3 pff 3 easy a'94 44 s@q - m il 11 •g®�®f®.m�® LNL 5�ypq2Ai N u� av '3-SY LY L _ ��� �. z i � � • o.:• •.�. a oma, o'ease Jill 1111 li 1� li& li ! l 112y ii gu NIH H 3 fli §� s� s � asp �� ��� ash % ss� s3 � h a3a= � ss�s� ��,� $ gy p ' Hl- W;11,1SS I a& s d 9p flip gaga % flo 1911 pli n im n'l iiii ji- g IM IRS �8 iq 91 ¢yg s� � H �§ 1�� 1HH 1111 1q. H M N GOLF COAST CONSTRUCTION, INC. — � x BLAND MIXED-USE w Of N i o -------- MASTER PLAN UNIT DEVELOPMENT g DETAILS AND NOTES m 3 I -A GOLF COAST - Z\ 0 EILANI MASTER PLA °M OR BK 10730 PG 1499 Page 8 of 13 m© ASTER CONSTRUCTION, INC. MIXED-USE N UNIT DEVELOPMENT PLAN OR BK 10730 PG 1500 Page 9 of 13 EXHIBIT "C" EILAND MIXED USE PLANNED UNIT DEVELOPMENT (PUD) CONDITIONS OF APPROVAL A. PUD Master Plan 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 1501 Page 10 of 13 2. In the case of private streets, dedication and maintenance shall be the responsibility of an appropriate entity otherthan 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 1502 Page 11 of 13 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 1503 Page 12 of 13 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 1504 Page 13 of 13 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, IDC. 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.