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INSTR#202113785 OR BK 10383 PG 2464 Page 1 of 2 <br /> 07/01/2021 10:09 AM Rcpt 2321146 Rec:18.50 DS:0.00 IT:0.00 <br /> Nikki Alvarez-Sowles,Esq.,Pasco County Clerk&Comptroller <br /> RESOLUTION NO.778-21 <br /> A RESOLUTION RELATED TO HEIGHT; APPROVING A <br /> CONDITIONAL USE TO EXCEED THE HEIGHT <br /> LIMITATIONS OF THE ZONING DISTRICT IN THE <br /> ZEPHYR COMMONS SHOPPING CENTER ON PROPERTY <br /> ZONED R4, MULTI-FAMILY RESIDENTIAL; FINDING <br /> CONFORMITY WITH THE COMPREHE SIVE PLAN; <br /> AND PROVIDING AN EFFECTIVE DATE. <br /> WHEREAS,an application was filed by SF Zephyr Commons Outparcels LP for a conditional <br /> use to exceed the height limitations of the R4 zoning district to allow four-story mid-rise apartment <br /> buildings to be located on property within Zephyr Commons with the parcel ID no. 35-25-21- <br /> 0010-00700-0000;and <br /> WHEREAS,the subject property zoning is R4(Multi-Family Residential)which allows up to 20 <br /> units per gross acre of land and a maximum height of two stories;and <br /> WHEREAS,the City of Zephyrhills Land Development Code,Subsection 7.01.01.04 allows for <br /> • heights in excess of the zoning district to be considered as a conditional use in accordance with <br /> the following: <br /> 1. Mid-rise structures (between three and five stories) may be erected if all applicable <br /> conditional requirements of a conditional use are met;and <br /> 2. Mid-rise structures,when permitted,may be erected to a height not exceeding 75 feet if <br /> the building is set back from each setback line at least one additional foot for each <br /> additional two feet of building height above 30 feet;and <br /> 3. In no case shall a structure exceed the height limitations determined to protect the approach <br /> and clear air zones established for the Zephyrhills Municipal Airport,as currently amended <br /> 1 or subsequently adopted. <br /> WHEREAS,the application for a conditional use to exceed they height limitations of the zoning <br /> district has been found to be in compliance with the requirements of Subsection 7.01.01.04 and <br /> the conditional requirements of a conditional use outlined i Part 11.10.00 of the City of <br /> Zephyrhills Land Development Code;and <br /> WHEREAS,the granting of a conditional use shall be subject to the following: <br /> 1. The holder of a conditional use permit shall be authorize fl to utilize the site or location of <br /> the use only in a manner specified in the written approval and conditions specified therein. <br /> Any substantial expansion, alteration or change in the conditional use authorized by the <br /> written approval must be reviewed by City Council in the same manner in which the <br /> original conditional use was reviewed. <br /> 2. An expansion,alteration or change of a conditional use shall be deemed to exist where a <br /> substantial modification of the standards provided for inn number 1 above, results from <br /> activity associated with the conditional use or a subs tial change of circumstances or <br /> conditions arise. <br /> 3. The conditions and stipulations shall become part of the written approval and must be <br /> informed to and followed by the applicant or any successor in interest. <br /> 4. The conditional use shall run with the subject property. <br /> 5. The applicant shall obtain an approved site development plan and necessary permits from <br /> the Building Department,and shall pay all related impact fees. <br /> 6. The applicant shall be permitted to construct multi-family apartments to a height not <br /> exceeding four stories in accordance with the standards of Subsection 7.01.01.04 of the <br /> City of Zephyrhills Land Development Code pertaining to mid-rise structures. <br /> -1- <br />