HomeMy WebLinkAbout790-22 Nick Apartments Conditional Use to Exceed Height Limitations of R4 ZoningINSTR# 2022073721 OR BK 10583 PG 1245 Page 1 of 2
03/31/2022 07:53 AM Rcpt: 2437003 Rec: 18.50 DS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
RESOLUTION NO. 790-22
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS RELATED TO HEIGHT; APPROVING A
CONDITIONAL USE TO EXCEED THE HEIGHT LIMITATIONS
OF THE R4 (MULTI -FAMILY RESIDENTIAL) ZONING
DISTRICT ON PARCEL NO. 03-26-21-0010-02000-0010; FINDING
CONFORMITY WITH THE COMPREHENSIVE PLAN AND
LAND DEVELOPMENT CODE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, an application was filed by D32 Invest, LLC (Nick Apartments, LLC) for a conditional use
to exceed the height limitations of the R4 (Multi -Family Residential) zoning district to allow four-story,
mid -rise buildings to be located on property generally located at 6655 Fort King Road with the parcel ID
no. 03-26-21-0010-02000-0010; 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 maximum established for the zoning district to be considered as a conditional use in
accordance with the following:
1. Mid -rise structures (between three and five stories inclusive) may be erected if all applicable
requirements of resolution #147 are met;
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 adopted or subsequently
amended.
WHEREAS, the application for a conditional use to exceed the height limitations of the zoning district has
been found to be in compliance with the requirements of Subsection 7.01.01.04 and the standards of a
conditional use outlined in. Part 11. 10.00 of the City of Zephyrhills Land Development Code; and
WHEREAS, the granting of the conditional use shall be subject to the following:
1. The holder of a conditional use permit shall be authorized 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 in number 1 above results from activity associated with the
conditional use or a substantial change of circumstances or conditions arise.
3. The conditions and stipulations shall become part of the written approval and must be followed by the
applicant or any successor in interest.
4. The conditional use shall run with the subject property.
5. The conditional use is subject to and shall obtain an approved site development plan and all necessary
permits from the City of Zephyrhills or other jurisdictional entity, and shall pay all related impact fees.
6. The applicant shall be permitted to construct multi -family apartment buildings to a height not exceeding
four (4) stories in accordance with the standards of Subsection 7.01.01.04 and Part 11.10.00 of the City
of Zephyrhills Land Development Code pertaining to mid -rise structures, with the following conditions:
a. Design and construction of turn lane(s) at the entrances on Fort King Road shall be required.
b. Design and construction of a right turn lane from southbound Fort King Road on to Eiland
Boulevard.
c. Installation and maintenance of perimeter screening and buffering enhancements as determined by
the Planning Department.
d. Granting of a perpetual Conservation Easement over the remaining undeveloped land.
7. The applicant shall construct mid -rise apartment buildings in accordance with the City of Zephyrhills
Land Development Code, Building Code, and any other applicable codes, ordinances and policies
adopted by the city.
- 1 -
OR BK 10583 PG 1246 Page 2 of 2
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 hereof.
Section 2. The application to exceed the height limitations of the R4 zoning district for the
construction of mid -rise buildings, not to exceed a height of four stories, on property with
the parcel ID no. 03-26-21-0010-02000-0010 is hereby approved.
Section 3. The conditional use is approved for the benefit of the applicant and the applicant's
successors and/or assigns and for the use as specified within the application only, subject
to the conditions stated herein. The character and 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. 790-22 shall run with the subject property and shall inure to the benefit of and be
binding upon Nick Apartments, LLC, as owner, and its successors and assigns. All references to "applicant"
herein shall mean Nick Apartments, LLC and its successors and assigns.
The fctx,qgoa"ng Resolution No. 790-22 was read and passed, following a public hearing, in an open and
regular, nieciing of, flip City Council of the City of Zephyrhills, FL, on this 28`x' day of March, 2022.
iAJ, I
Attest.
ori L. Hillman, City Clerk . Alan Knight, ouncil President
The f6fegoft Resolution No. 790-22 was approved by me this 28' day of March, 2022.
Gen hitfield, M or
Approved as to legal form and legal content for the sole
reliance of the City of Zehyrhills
Matthew E. Maggard, it Attorney
-2-