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HomeMy WebLinkAboutResolution No. 807-23 Palm Cove Conditional Use to Exceed Height Restrictions in R-4 Zoning District_Document 1_Unknown Recorded Document_20230322INSTR# 2023048953 OR BK 10785 PG 1289 Page 1 of 3 03/22/2023 11:17 AM Rcpt: 2563375 Rec: 27.00 IDS: 0.00 IT: 0.00 Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller RESOLUTION NO. 807-23 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 R-4 (MULTI -FAMILY RESIDENTIAL) ZONING DISTRICT ON PARCEL NO. 26-25-21-0060-00000-0050; FINDING CONFORMITY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an application was filed by Skyline One, LLC for a conditional use to exceed the height limitations of the R-4 (Multi -Family Residential) zoning district to allow one (1) four-story mid -rise building and one (1) 3 -story mid -rise building to be located on property generally located at 6655 Fort King Road with the parcel ID no. 26-25-21-0060-00000-0050; and WHEREAS, the subject property zoning is R-4 (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: I The holder of a conditional use pen -nit 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 I 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 one (1) building to a height not exceeding four (4) stories or 55 feet (to be utilized for the express purpose of an independent living facility and/or an assisting living facility), and one (1) building to a height not exceeding three (3) stories (to be utilized for the express purpose of an independent living facility and/or an assisting living facility) 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: OR BK 10785 PG 1290 Page 2 of 3 1. Design and construct Gall Blvd. access improvements, to include (1) reconstruction of the median opening adjacent to subject property and south of proposed access road (to be lengthened) (modify median nose); (2) design and construction of a south -bound left -turn lane (SBTL); (3) design and construction of a west -bound right -turn lane (WBRTL); and (4) design and construction of a north -bound right -turn lane (NBRTL), or as otherwise warranted and permitted by FDOT. 2. A 30 -foot access easement shall be provided along the entire length of northern property boundary running east -west from Gall Blvd. to the future Dairy Road extension. (The property to the north of the subject property shall provide the additional 30 -feet of access easement for a total of 60 feet.) One (1) curb -cut shall be provided for access easement for subject property and abutting property to the north; 3. The applicant shall construct mid -rise 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; 4. The Conditional Use permit for Height is use -restricted to "independent senior living units" only. Under no circumstances shall subject buildings approved under this conditional use to exceed the height limitations of thirty (30) feet be utilized for other residential or commercial uses; 5. The two (2) mid -rise buildings shall be centrally located on the subject property mid- way between the existing public right-of-way (US 301 /Gall Blvd), and the future public right-of-way (Dairy Road) 6. Eighty (80) feet of ROW along the eastern -most property boundary running north -south shall be dedicated to the public for future expansion of Dairy Road. 7. A 25% reduction in overall parking requirements shall be recognized (per LDC section 7.03.04.06 the SPRC approved a 25% parking reduction on February 15, 2022). Therefore, the minimum number of parking spaces provided shall be 160 versus 213. 8. A utilities service agreement between the City and the developer shall be executed detailing prepayment of capacity fees and sequencing of construction of all necessary water and wastewater infrastructure. 9. Best management practices (BMP's) shall be maintained during all phases of construction to contain sediment (wind, sediment laden runoff, etc.) on-site. A phased approach to site excavation and stormwater infrastructure installation shall be implemented for erosion control. 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 R-4 zoning district for the construction of one (1) mid -rise building not to exceed a height of four (4) stories or 55 feet (to be utilized for the express purpose of an independent living facility and/or an assisting living facility), and the construction of a mid -rise building not to exceed a height of three (3) stories or 45 feet on property with the parcel ID no. 26-25-21-0060-00000-0050 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. 807-23 shall run with the subject property and shall inure to the benefit of and be binding upon Skyline One, LLC, as owner, and its successors and assigns. All references to "applicant" herein shall mean Skyline One, LLC and its successors and assigns. -2- OR BK 10785 PG 1291 Page 3 of 3 The foregoing Resolution No. 807-23 was read and passed, following a public hearing, in an open and regular meeting of the City Council of the City of Zephyrhills, FL, on this 9t' day of January, 2023'­-r-Ite , , ,Ate st: coke� w .c� Leri -L` f illmn i ity Clerk Jodi Wilkeson, Council President cn P Thi_regoing Resol on No. 807-23 was approved by me this 9t' day of January, 2023. Gene hitfield, nxr Approved as to legal form and legal content for the sole reliance of the City of Zephyrhills Matthew E. Maggard, City Attorney -3-