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CASSELBERRY CITY COMMISSION Minutes of May 15, 2023 — Regular Meeting Page 13 of 16 voice vote 4-0. 10. FIRST READING OF ORDINANCES A. Ordinance 23-1582 — Amending an Existing Planned Unit Development (PUD) for the Property Located at 380 S.R. 436 and Approving the Associated PUD Agreement (ZB 22 -OD The City Clerk read Ordinance 23-1582 by title, as follows: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, PROVIDING FOR THE AMENDMENT OF THE PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT AND CONCEPT PLAN FOR THE ICON COMMONS PUD ESTABLISHED VIA ORDINANCE NO. 21- 1553, FOR ONE PARCEL, TOTALING APPROXIMATELY 1.04 ACRES, LOCATED AT 380 STATE ROAD 436, AS DESCRIBED IN SECTION I OF THIS ORDINANCE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." Staff Presentation: Chief Planner Antonia DeJesus stated that Ordinance 23-1582 amends the Planned Unit Development (PUD) Agreement and Concept Plan for the Icon Commons PUD established via Ordinance 21-1553, for one parcel, totaling approximately 1.04 acres, located at 380 S.R. 436. The subject property falls within both the Community Redevelopment District and the Oxford Park Overlay District and has a major Thoroughfare Mixed -Use (MTMU) Future Land Use Map designation. The City Commission approved rezoning of the subject property in June of 2021 establishing the Icon Commons Planned Unit Development (PUD) which was originally for development of a six -story mixed-use building; however, no development was ever commenced, and the site remains vacant. There is now a new applicant that desires to substantially modify what was previously approved to provide for the development of a single -story drive-through coffee establishment. The current zoning, PMX-MID (Planned Mixed -Use: Medium Rise) is classified as a PUD zoning district and must adhere to the requirements outlined in the City's Unified Land Development Regulations which state that modifications to existing agreements and concept plans require approval of a new concept plan agreement. The City's Development Review Committee (DRC) approved a revised concept plan for this project on February 16, 2023. Notice of the proposed amendment was posted on the subject property on March 29, 2023, and notification letters were mailed on March 30, 2023 to all property owners within 500 feet of the subject property. The Planning and Zoning Commission, acting as the City's Local Planning Agency (LPA) voted at its meeting on April 12, 2023 to recommend approval of this item to the City Commission by a 3-1 vote. The request to amend the Icon Commons PUD Agreement and Concept Plan to provide for the development of a drive-through coffee establishment for the subject property is: consistent with the City's Comprehensive Plan and the Major Thoroughfare Mixed -Use Future Land Use designation; compatible and consistent with the adjacent land uses and zoning districts; and connections for City water and sanitary sewer services are available to the subject property. In response to questions from the City Commission, Ms. DeJesus explained that the conditional use language in the agreement was related to the drive-through component of the project, and that any future project on the site or substantial modification to the concept plan in the future would have to go through the same approval process due to the requirements for the PMX-MID zoning classification. She also addressed concerns about pedestrian traffic crossing the drive-through lanes, stating that applicable crosswalks and pedestrian connectivity would be oriented as safely as possible, but the intent was that