HomeMy WebLinkAbout778-21 Zephyr Commons CU Height Limitations INSTR#202113785 OR BK 10383 PG 2464 Page 1 of 2
07/01/2021 10:09 AM Rcpt 2321146 Rec:18.50 DS:0.00 IT:0.00
Nikki Alvarez-Sowles,Esq.,Pasco County Clerk&Comptroller
RESOLUTION NO.778-21
A RESOLUTION RELATED TO HEIGHT; APPROVING A
CONDITIONAL USE TO EXCEED THE HEIGHT
LIMITATIONS OF THE ZONING DISTRICT IN THE
ZEPHYR COMMONS SHOPPING CENTER ON PROPERTY
ZONED R4, MULTI-FAMILY RESIDENTIAL; FINDING
CONFORMITY WITH THE COMPREHE SIVE PLAN;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,an application was filed by SF Zephyr Commons Outparcels LP for a conditional
use to exceed the height limitations of the R4 zoning district to allow four-story mid-rise apartment
buildings to be located on property within Zephyr Commons with the parcel ID no. 35-25-21-
0010-00700-0000;and
WHEREAS,the subject property zoning is R4(Multi-Family Residential)which allows up to 20
units per gross acre of land and a maximum height of two stories;and
WHEREAS,the City of Zephyrhills Land Development Code,Subsection 7.01.01.04 allows for
• heights in excess of the zoning district to be considered as a conditional use in accordance with
the following:
1. Mid-rise structures (between three and five stories) may be erected if all applicable
conditional requirements of a conditional use are met;and
2. Mid-rise structures,when permitted,may be erected to a height not exceeding 75 feet if
the building is set back from each setback line at least one additional foot for each
additional two feet of building height above 30 feet;and
3. In no case shall a structure exceed the height limitations determined to protect the approach
and clear air zones established for the Zephyrhills Municipal Airport,as currently amended
1 or subsequently adopted.
WHEREAS,the application for a conditional use to exceed they height limitations of the zoning
district has been found to be in compliance with the requirements of Subsection 7.01.01.04 and
the conditional requirements of a conditional use outlined i Part 11.10.00 of the City of
Zephyrhills Land Development Code;and
WHEREAS,the granting of a conditional use shall be subject to the following:
1. The holder of a conditional use permit shall be authorize fl to utilize the site or location of
the use only in a manner specified in the written approval and conditions specified therein.
Any substantial expansion, alteration or change in the conditional use authorized by the
written approval must be reviewed by City Council in the same manner in which the
original conditional use was reviewed.
2. An expansion,alteration or change of a conditional use shall be deemed to exist where a
substantial modification of the standards provided for inn number 1 above, results from
activity associated with the conditional use or a subs tial change of circumstances or
conditions arise.
3. The conditions and stipulations shall become part of the written approval and must be
informed to and followed by the applicant or any successor in interest.
4. The conditional use shall run with the subject property.
5. The applicant shall obtain an approved site development plan and necessary permits from
the Building Department,and shall pay all related impact fees.
6. The applicant shall be permitted to construct multi-family apartments to a height not
exceeding four stories in accordance with the standards of Subsection 7.01.01.04 of the
City of Zephyrhills Land Development Code pertaining to mid-rise structures.
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OR BK 10383 PG 2465 Page 2 of 2
7. The applicant shall construct the multi-family apartment in accordance with the City of
Zephyrhills Land Development Code, Building Cod , and any applicable codes,
ordinances,and policies adopted by the City.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS,FLORIDA:
Section 1. The foregoing findings are incorporated herein by reference and made a part
thereof.
Section 2. The application to exceed to the height limitations of the R4 zoning district for the
construction of mid-rise apartments,not to exceed a height of 4 stories,on property
with the parcel ID no.35-25-21-0010-00700-000 is hereby approved.
Section 3. The conditional use is approved for the benefit of the applicant and applicant's
successors and/or assigns and for the use as specified within the application only,
subject to the conditions herein. The character or benefit of this conditional use
shall not change but may be transferred without City Council approval by
resolution.
Section 4. The City Council does hereby expressly find that the provisions of this resolution
are in conformity with the Comprehensive Plan of the City of Zephyrhills, as
amended.
This Resolution No.778-21 shall run with the subject property and shall inure to the benefit of and
be binding upon SF Zephyr Commons Outparcels LP and its successors and assigns. All
references to"applicant"herein shall mean SF Zephyr Commons Outparcels LP and it's successors
and assigns.
The foregoing Resolution No.778-21 was read and passed,following a public hearing,in an open
and regular meeting of the City Council of the City of Zephyrhills,Florida, on this 28th day of
June,2021.
4.
•
Attest`, ..,.-605.4.,,r5y TY��CJIi.�2.�.-�� �'V ,� r.
6J.ori L.Hillman, K
City Clerk W.Alan night, ouncil President
�q.
"(: r; -. • . .
Ttierforegoing Raolution No.778-21 was approved by me this 28'h day of June,2021.
Ge itfield,May
Approved as to legal form and legal content
for the sole reliance of the City of Zephyrhills
X,//f /4///,/
Matthew E.Maggard,City Attorney
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