Resolution No. 807-23 Palm Cove Conditional Use to Exceed Height Restrictions in R-4 Zoning District_Document 1_Unknown Recorded Document_20230322

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INSTR# 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: