ORDINANCE NO AMENDMENT TO THE CITATION ESTATES MPD DEVELOPMENT AGREEMENT

Transcription

1 ORDINANCE NO AMENDMENT TO THE CITATION ESTATES MPD DEVELOPMENT AGREEMENT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM COAST, FLORIDA, PROVIDING FOR THE SECOND AMENDED AND RESTATED MASTER PLANNED DEVELOPMENT (MPD) DEVELOPMENT AGREEMENT FOR THE CITATION ESTATES MASTER PLANNED DEVELOPMENT (MPD) BETWEEN MM&M ENTERPRISES, LLC, MIRAL CORP AND AVALON PROPERTIES CORP, AND THE CITY OF PALM COAST; PROVIDING FOR INCLUSION OF A 108-BED ASSISTED LIVING FACILITY USE; PROVIDING FOR A DECREASE OF MULTIFAMILY UNITS FROM 397 TO 359; PROVIDING FOR REVISED DEVELOPMENT STANDARDS; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Citation Estates Master Planned Development (MPD) is a Master Planned Development (MPD) previously rezoned to Planned Unit Development (PUD) through Ordinance , and as amended by Ordinance ; and WHEREAS, two public hearings on the proposed Second Amendment to the Citation Estates Master Planned Development (MPD) Development Agreement (the Development Agreement ) have been duly held in the City of Palm Coast, Florida, and at such hearings interested parties and citizens for and against the proposed amendment were heard; and WHEREAS, MM&M Enterprise, LLC, a Nevada Limited Liability Company ( Owner ) is the Owner of a portion of the property further described in Attachment B and as recorded in Official Records Book 1942, Pages 655 through 658 of the public records of Flagler County, Florida; and Miral Corp, a Florida Corporation ( Owner ) is the Owner of a portion of the property further described in Attachment A and as recorded in Official Records Book 946, Pages 981 through 988; and Avalon Properties Corp., an Arizona Corporation ( Owner ) is the Owner of a portion of the property further described on Attachment A and as recorded in Official Records Book 1937, Pages 912 through 914; and WHEREAS, the Owners have requested to amend the Development Agreement in order to decrease multifamily residential uses by 38 units, add a 108-bed assisted living facility use, and provide for revised development standards for the overall MPD; and WHEREAS, this Ordinance is to amend and restate the Citation Estates MPD as recorded in OR Book 1246, Page, 864, and the First Amendment as approved in Ordinance ; and Page 1 of 8

2 WHEREAS, the Planning and Land Development Regulation Board and City Staff of the City of Palm Coast have recommended approval of this Ordinance and the Planning and Land Development Regulation Board has found this requested change consistent with the City of Palm Coast Comprehensive Plan; and WHEREAS, the City Council has considered the evidence and testimony presented by the applicant and other interested parties, the recommendations of City staff, and the recommendation of the Planning and Land Development Regulation Board which voted #-# to recommend approval at the regularly scheduled meeting conducted on October 21, 2015; and WHEREAS, the City of Palm Coast, as the governing body of the City, pursuant to the authority vested in Chapter 163 and Chapter 125, Florida Statutes and the City of Palm Coast Unified Land Development Code, is authorized and empowered to consider applications relating to zoning; and WHEREAS, the notice and public hearing requirements, as provided for in Chapter 2 (Review Authority, Enforcement, and Procedures) of the City of Palm Coast Unified Land Development Code (Ordinance No ) have been satisfied; and WHEREAS, the City Council of the City of Palm Coast held duly noticed public hearings on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and has considered the evidence and testimony presented by the applicant and other interested parties, the recommendations of the various City reviewing departments, and the recommendation of the Planning and Land Development Regulation Board (PLDRB), and after complete deliberation, hereby finds the requested change consistent with the City of Palm Coast Comprehensive Plan, and that sufficient, competent and substantial evidence supports the proposed amendment set forth hereunder; and WHEREAS, the Owners have fully complied with the requirements of City of Palm Coast Land Development Code and the Citation Estates MPD Development Agreement for amending the Development Agreement to permit the requested changes; and WHEREAS, the City Council of the City of Palm Coast hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Palm Coast, Florida. Page 2 of 8

3 NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Palm Coast, Florida: SECTION 1. Legislative and Administrative Findings. The above recitals (whereas clauses) are hereby adopted as the legislative and administrative findings of the City Council. SECTION 2. MPD Amendment. The Palm Coast City Council, pursuant to the Land Development Code of the City of Palm Coast hereby enacts an Ordinance amending and restating the Citation Estates MPD Development Agreement, attached hereto as Attachment C, for the property generally located on the northeast corner of Citation Boulevard and Belle Terre Boulevard, legally described in Attachment A and Attachment B attached hereto. The Amended and Restated Citation Estates Master Planned Development (MPD) Development Agreement decreases the Citation Estates multifamily residential units by 38 units, adds a 108-bed Assisted Living Facility use, and provides for revised development standards for the overall MPD. SECTION 3. Severability. If any Section or portion of a Section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Ordinance. SECTION 4. Non-Codification. It is the intention of the City Council of the City of Palm Coast, Florida, and it is hereby ordained that the provisions of this Ordinance shall not be codified in the Code of Ordinances of the City of Palm Coast or the Unified Land Development Code of the City of Palm Coast; provided, however, that the actions taken herein shall be depicted on the Official Zoning Map of the City of Palm Coast by the City Manager, or designee. SECTION 5. Conflicts. All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. Page 3 of 8

4 SECTION 6. Effective Date. This Ordinance shall take effect immediately upon passage and adoption by the City Council of the City of Palm Coast, Florida. Approved on first reading this X day of, Adopted on the second reading after due public notice and hearing City of Palm Coast this day of CITY OF PALM COAST, FLORIDA ATTEST: JON NETTS, MAYOR VIRGINIA SMITH, CITY CLERK Attachments: Attachment A Legal Description Parcel ID RP0040 Attachment B Legal Description Parcel ID RP0041 Attachment C Amended MPD Development Agreement Page 4 of 8

5 ATTACHMENT A LEGAL DESCRIPTION PARCEL ID RP0040 A PARCEL OF LAND BEING PART OF RESERVED PARCEL 8-1 ACCORDING TO THE SUBDIVISION MAP OF LAGUNA FOREST, SECTION 64, PALM COAST, RECORDED IN MAP BOOK 18, PAGES 36 THROUGH 43, OF THE PUBLIC RECORDS OF FLAGLER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF SAID RESERVED PARCEL 8-1, SAID POINT LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF BELLE TERRE BOULEVARD (AN 80 FOOT RIGHT-OF-WAY AS NOW ESTABLISHED): THENCE SOUTH 25 08'27" EAST ALONG SAID EASTERLY RIGHT-OF- WAY LINE, A DISTANCE OF FEET TO THE POINT OF CURVE OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF FEET; THENCE SOUTHERLY CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING OF SOUTH 05'13'44" EAST AND A CHORD DISTANCE OF FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CITATION PARKWAY (AN 80 FOOT RIGHT-OF-WAY AS NOW ESTABLISHED) AND THE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE, AN ARC DISTANCE OF FEET. SAID ARC BEING SUBTENDED BY A CHORD BEARING OF NORTH 00 27'04" WEST AND A CHORD DISTANCE OF FEET TO A POINT ON SAID CURVE; THENCE NORTH 73 09'41" EAST LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO THE POINT OF CURVE OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING OF NORTH 80 24'43" EAST AND A CHORD DISTANCE OF FEET TO A POINT ON A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING OF NORTH 79 06'36" EAST AND A CHORD DISTANCE OF FEET TO A POINT ON SAID CURVE; THENCE SOUTH 21 22'33" EAST, A DISTANCE OF FEET; THENCE SOUTH 08 00'11" EAST, A DISTANCE OF FEET; THENCE SOUTH 06 54'51" WEST, A DISTANCE OF FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF CITATION PARKWAY, SAID POINT LYING ON A CURVE, CONCAVE NORTHEASTERLY. HAVING A RADIUS OF FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING OF NORTH 78 25'26" WEST AND A CHORD DISTANCE OF FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 73 47'20" WEST CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO THE POINT OF BEGINNING. Page 5 of 8

6 ATTACHMENT B LEGAL DESCRIPTION PARCEL ID RP0041 RESERVED PARCEL 8-1. A PARCEL OF LAND BEING ALL OF RESERVED PARCEL 8-1 ACCORDING TO THE SUBDIVISION MAP LAGUNA FOREST SECTION-64 PALM COAST, RECORDED IN MAP BOOK 18, PAGES 36 THROUGH 43, OF THE PUBLIC RECORDS OF FLAGLER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A POINT OF BEGINNING BEING THE NORTHWEST CORNER OF RESERVED PARCEL 8-1, ACCORDING TO THE SUBDIVISION PLAT LAGUNA FOREST SECTION 64, PALM COAST, RECORDED IN MAP BOOK 18, PAGES 36 THROUGH 43 OF THE PUBLIC RECORDS OF FLAGLER COUNTY, FLORIDA, THENCE NORTH 88 59'26" EAST ALONG THE NORTH LINE OF RESERVED PARCEL 8-1 A DISTANCE OF FEET, THENCE SOUTH 74 46'27" EAST A DISTANCE OF FEET, THENCE SOUTH 36 30'00" EAST ALONG THE NORTHEASTERLY LINE OF SAID RESERVED PARCEL 8-1 A DISTANCE OF FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CITATION BOULEVARD (80' RIGHT-OF-WAY), THENCE SOUTH 53 30'00" WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF CITATION PARKWAY A DISTANCE OF FEET TO A POINT OF CURVATURE, THENCE FEET ALONG THE ARC OF A CURVE TO THE RIGHT (CONCAVE NORTHERLY) HAVING A CENTRAL ANGLE OF 48 35'21", A RADIUS OF FEET, A CHORD BEARING OF SOUTH 79 51'20" WEST AND A CHORD DISTANCE OF FEET, TO A POINT OF TANGENCY, THENCE NORTH 73 47'20" WEST ALONG SAID NORTHERLY RIGHT-OF- WAY LINE OF CITATION PARKWAY A DISTANCE OF FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BELLE TERRE BOULEVARD (80' RIGHT-OF- WAY), SAID POINT BEING ON A CURVE, THENCE DEPARTING CITATION PARKWAY NORTHERLY FEET ALONG THE ARC OF A CURVE TO THE LEFT, (CONCAVE WESTERLY), HAVING A CENTRAL ANGLE OF 39 49'26", A RADIUS OF FEET, A CHORD BEARING OF NORTH 05 13'44" WEST AND A CHORD DISTANCE OF FEET TO A POINT OF TANGENCY, THENCE NORTH 25 08'27" WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BELLE TERRE BOULEVARD A DISTANCE OF FEET THE POINT OF BEGINNING. LESS AND EXCEPT A PARCEL OF LAND BEING PART OF RESERVED PARCEL 8-1 ACCORDING TO THE SUBDIVISION MAP OF LAGUNA FOREST, SECTION 64, PALM COAST, RECORDED IN MAP BOOK 18, PAGES 36 THROUGH 43, OF THE PUBLIC RECORDS OF FLAGLER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF SAID RESERVED PARCEL 8-1, SAID POINT LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF BELLE TERRE BOULEVARD (AN 80 FOOT RIGHT-OF-WAY AS NOW ESTABLISHED): THENCE SOUTH 25 08'27" EAST ALONG SAID EASTERLY RIGHT-OF- WAY LINE, A DISTANCE OF FEET TO THE POINT OF CURVE OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF FEET; THENCE SOUTHERLY CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING OF SOUTH 05'13'44" EAST AND A CHORD DISTANCE OF FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CITATION Page 6 of 8

7 ATTACHMENT B LEGAL DESCRIPTION (Continued) PARKWAY (AN 80 FOOT RIGHT-OF-WAY AS NOW ESTABLISHED) AND THE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE, AN ARC DISTANCE OF FEET. SAID ARC BEING SUBTENDED BY A CHORD BEARING OF NORTH 00 27'04" WEST AND A CHORD DISTANCE OF FEET TO A POINT ON SAID CURVE; THENCE NORTH 73 09'41" EAST LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO THE POINT OF CURVE OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING OF NORTH 80 24'43" EAST AND A CHORD DISTANCE OF FEET TO A POINT ON A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING OF NORTH 79 06'36" EAST AND A CHORD DISTANCE OF FEET TO A POINT ON SAID CURVE; THENCE SOUTH 21 22'33" EAST, A DISTANCE OF FEET; THENCE SOUTH 08 00'11" EAST, A DISTANCE OF FEET; THENCE SOUTH 06 54'51" WEST, A DISTANCE OF FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF CITATION PARKWAY, SAID POINT LYING ON A CURVE, CONCAVE NORTHEASTERLY. HAVING A RADIUS OF FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING OF NORTH 78 25'26" WEST AND A CHORD DISTANCE OF FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 73 47'20" WEST CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO THE POINT OF BEGINNING. Page 7 of 8

8 ATTACHMENT C AMENDED MPD DEVELOPMENT AGREEMENT (This page intentionally left blank. Attachment begins next page.) Page 8 of 8