HomeMy WebLinkAboutResolution No. 830-24 MiTek Conditional UseINSTR# 2024178854 OR BK 11095 PG 518 Page 1 of 2
10/17/2024 10:36 AM Rcpt: 2751151 Rec: 18.50 DS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
RESOLUTION NO. 830-24
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 LI (LIGHT INDUSTRIAL) ZONING DISTRICT ON
PARCEL NO. 23-26-21-0020-01300-0020 and 24-26-21-0010-03900-
0010; FINDING CONFORMITY WITH THE COMPREHENSIVE
PLAN AND LAND DEVELOPMENT CODE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, an application was filed by MITEK INC for a conditional use to exceed the
height limitations of the LI (Light Industrial) zoning district to allow an increase toa maximum of
height of forty-six feet (46') on manufacturing buildings to be located on approximately 100.43
acres (MOL) of real property generally located east of State Road 39, west of the CSX Railroad,
and north of Chancey Road with the parcel ID no: 23-26-21-0020-01300-0020 and 24-26-21-0010-
03900-0010; and
WHEREAS, the subject property zoning is LI (Light Industrial) which allows up to
maximum height of 30 feet or 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
followed by the applicant or any successor in interest.
4. The conditional use shall run with the subject property.
5. The conditional use 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.
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 LI zoning district
with a maximum of forty-six feet (46') for the construction of a
OR BK 11095 PG 519 Page 2 of 2
manufacturing facility on the property with Parcel ID numbers. 23-26-21-
0020-01300-0020 and 24-26-21-0010-03900-0010 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 only for the use to construct a
manufacturing facility with a maximum height of forty-six feet (46') of 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 conditional use shall expire 12 months afterthe date of approval, unless
a building pen -nit or commercial check has been issued or initiated within
the 12 -month period.
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. 830-24 shall run with the subject property and shall inure to the benefit of
and be binding upon MITEK INC., as owner, and its successors and assigns. All references to
"applicant" herein shall mean MITEK INC. and its successors and assigns.
The foregoing Resolution No. 830-24 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 141h day of
October 20A,..
Atttt�
Clerk
3ag,Resolut 'No. 830-24 was approved by me this 141h day of October 2024.
VtITY,
Melonie Bahr Monson, Mayor
Approved as to legal form and legal content for the
sole reliance of the City of Zephyrhills
{gam
Matthew E. Maggard, City Attorney