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23-1581 Amending the Official Zoning Designation for Property Located at 5803 S. US Hwy 17-92 and Approving PUD Agreement
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23-1581 Amending the Official Zoning Designation for Property Located at 5803 S. US Hwy 17-92 and Approving PUD Agreement
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3/14/2024 10:42:44 AM
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10/10/2023 3:48:05 PM
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Ordinances
City Clerk - Date
4/24/2023
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their successors. <br />4. Subordination/Joinder. Unless otherwise agreed to by the City and if applicable, <br />all liens, mortgages, and other encumbrances that are not satisfied or released of record must be <br />subordinated to the terms of this Agreement and the mortgage holder must join in this Agreement. <br />It shall be the responsibility of the Owner to promptly obtain the said subordination and joinder, <br />in form and substance that is acceptable to the City Attorney, prior to the execution and recordation <br />of this Agreement. A proposed joinder is attached hereto as Exhibit "C". <br />5. Duration. This Agreement is binding and runs with the land in perpetuity, unless <br />amended. If development is not commenced (i.e. obtaining a building permit) in accordance with <br />this Agreement and applicable law within 24 months from the Effective Date, this Agreement will <br />be null and void and the City will not be precluded or estopped from redesignating or rezoning all <br />or any portion of the Subject Property. The Owner may request an extension of this Agreement <br />through a request to City Commission after review and recommendation by the Planning and <br />Zoning Commission. <br />6. Development of the Subject Property. Development of the Subject Property shall <br />be subject to performance standards listed in this Agreement. Where a land use listed below differs <br />from a defined use in the City of Casselberry's Code of Ordinances, the use listed in this <br />Agreement shall prevail. <br />A. Comprehensive Plan Policies specific to this Subject Property: <br />Policy FLU 1. 5, Policy FLU 1. 15, Objective FLU 2, Policy HC 2. IA. <br />B. Permitted principal uses allowable on the Subject Property: <br />General retail sales and services, limited or neighborhood commercial activities, <br />restaurants, business and professional offices, financial institutions, and banks, <br />medical services, veterinary clinics without outdoor kennels, personal services, <br />micro -breweries and micro -wineries, drycleaners — drop-off and pickup service <br />only (no facility on site), administrative services (public and not-for-profit), <br />commercial kitchen, commercial amusement (enclosed), cinemas and theaters, and <br />large retail establishments. <br />C. Permitted accessory uses allowable on the Subject Property: <br />Sale of alcoholic beverages for on-site consumption as an ancillary use to a <br />restaurant. <br />D. Conditional principal uses allowable on the Subject Property: <br />Child and adult care facilities, educational facilities (adult and technical), package <br />liquor stores (package liquor sales located within a large retail establishment are <br />permitted without a conditional use permit), community centers, church or other <br />places of worship, and bars and lounges. <br />E. Conditional accessory uses allowable on the Subject Property: <br />Sale of alcoholic beverages for on-site consumption (if not affiliated with a <br />Page 3 of 16 <br />
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