791-22 Pretty Pond Apts. Conditional Use to Exceed Height Limitations of R4 Zoning

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OR BK 10681 PG 1 022 Page 2 of 3 though the contribution is towards the cost of an off-site improvement, Developer has agreed that such contribution is not impact fee creditable. c. Developer shall install a Type B buffer with a fence along the south (Pretty Pond Road), east (Wire Road) and north boundaries, and a 10' Type A buffer along with west boundary with a fence; provided, however, if Developer can obtain a reduction of ten feet (10') or more in the right-of- way required for Wire Road from the City and/or Pasco County, Florida, as applicable, Developer shall install a Type B buffer along the west boundary with such fence. The Type B buffer along Pretty Pond Road and Wire Road shall also include the enhancements to such buffer as depicted on Exhibit "A," which shall include 3" caliper, mid -story trees every fifty feet (50') on center, four (4) understory trees (of 3" caliper) every one hundred feet (100'), a four foot (4') high screening shrub and a six foot (6') aluminum picket fence. The trees in the buffers along the west and north boundaries shall include shade trees of a 4" caliper and understory trees of a 3" caliper. Other buffer enhancements may be added along the 10' Type A buffer area along the west boundary as reasonably determined by Developer and the Planning Department. d. The multi -family apartment buildings shall contain hardy board exterior siding reasonably similar to the rendering Applicant provided to the City. 7. The applicant shall construct mid -rise apartment buildings in accordance with the City of Zephyrhills Land Development Code, Building Code, 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 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. 35-25-21-0010-04400-0000 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. 791-22 shall run with the subject property and shall inure to the benefit of and be binding upon Pretty Pond Investors, LLC, as owner, and its successors and assigns. All references to C4 yl ,,I] -mean Pretty Pond Investors, LLC and its successors and assigns. ,Thi foregoing Resolutiq�" No. 791-22 was read and passed, following a ublic hearing, in an open and regular meeting of the Cit Y'Council of the City of Zephyrhills, F . on thi 3" day o ay, 2022. Loxi L. Hillman 'ity'Clerk Jodi Wilkeson, Council President TheOr ging Reslion No. 791-22 was approved by me this 23`d day of May, 2022. `C 0 liffi Zf Y'n Z0 Gen/jNitfie May%o Approved as to legal form and legal content for the sole reliance of the City of Zephyrhills Matthew E. Maggard, City/Attorney