790-22 Nick Apartments Conditional Use to Exceed Height Limitations of R4 Zoning

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INSTR# 2022073721 OR BK 10583 PG 1245 Page 1 of 2 03/31/2022 07:53 AM Rcpt: 2437003 Rec: 18.50 DS: 0.00 IT: 0.00 Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller RESOLUTION NO. 790-22 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 R4 (MULTI -FAMILY RESIDENTIAL) ZONING DISTRICT ON PARCEL NO. 03-26-21-0010-02000-0010; FINDING CONFORMITY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an application was filed by D32 Invest, LLC (Nick Apartments, LLC) for a conditional use to exceed the height limitations of the R4 (Multi -Family Residential) zoning district to allow four-story, mid -rise buildings to be located on property generally located at 6655 Fort King Road with the parcel ID no. 03-26-21-0010-02000-0010; and WHEREAS, the subject property zoning is R4 (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: 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 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 multi -family apartment buildings to a height not exceeding four (4) stories 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: a. Design and construction of turn lane(s) at the entrances on Fort King Road shall be required. b. Design and construction of a right turn lane from southbound Fort King Road on to Eiland Boulevard. c. Installation and maintenance of perimeter screening and buffering enhancements as determined by the Planning Department. d. Granting of a perpetual Conservation Easement over the remaining undeveloped land. 7. The applicant shall construct mid -rise apartment 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. - 1 -