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

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INSTR# 2022191438 OR BK 10681 PG 1021 Page 1 of 3 08/30/2022 09:34 AM Rcpt: 2497460 Rec: 27.00 DS: 0.00 IT: 0.00 Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller RESOLUTION NO. 791 -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. 35-25-21-0010-04400-0000; FINDING CONFORMITY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an application was filed by Pretty Pond Investors, 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 approximately 12.0 acres of real property generally located at the northwest corner of Pretty Pond Road and Wire Road with the parcel ID no. 35-25-21-0010-04400-0000; 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 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 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. 6. The applicant shall be permitted to construct multi -family apartment buildings to a height not exceeding four 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. Developer shall be required to design, permit and construct left turn lane(s) at the entrances on Wire Road and Pretty Pond Road prior to the issuance of the first residential certificate of occupancy for the multi -family apartment buildings on the subject property, subject to Developer's receipt of all necessary permits and approvals from the City and Pasco County, as applicable. b. Prior to issuance of the first residential certificate of occupancy for the multi -family apartment buildings on the subject property, Developer shall contribute the sum of $187,500.00 towards the construction of the roundabout being designed, permitted and constructed by others at the intersection of Wire Road and Pretty Pond Road. Such contribution may be used for other improvements to such intersection as reasonably determined by the City. Such contribution represents a proportionate share contribution from Developer towards the roundabout and, even - 1 -