23-1582 PUD Agreement & Concept Plan for ICON Commons Established via Ordinance 21-1553

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ORDINANCE 23-1582 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. WHEREAS, the subject property described and depicted in attached "Attachments A and B" (Property) is within the corporate boundaries of the City of Casselberry (City); and WHEREAS, the Property is designated Major Thoroughfare Mixed -Use on the City's Future Land Use Map (FLUM) of the Comprehensive Plan; and WHEREAS, the PMX-MID (Planned Mixed -Use: Medium Rise) zoning district is consistent with the City's Major Thoroughfare Mixed -Use FLUM designation; and WHEREAS, the City Commission approved the rezoning of the Property on June 14, 2021, from CG (Commercial General) to PMX-MID (Planned Mixed -Use: Medium Rise) via Ordinance 21-1553 to establish the Icon Commons Planned Unit Development (PUD); and WHEREAS, the Owner desires to substantially modify the existing PUD agreement by providing for the development of a drive-through coffee establishment; and WHEREAS, modifications to existing PUD agreements require approval of a revised PUD agreement and an associated Concept Plan, attached hereto as "Attachment B," per Article XX of Chapter IV, as amended and supplemented, of the Unified Land Development Regulations, Code of Ordinances of the City of Casselberry, Florida; and WHEREAS, the Planning and Zoning Commission/Local Planning Agency has held a public hearing with due public notice to consider the amendment to the PUD agreement and associated Concept Plan; and WHEREAS, a public hearing considering the amendment to the PUD agreement and associated Concept Plan has been duly held in the City, and, at such hearing, interested parties and citizens were heard; and WHEREAS, after said public hearing, the City Commission of the City of Casselberry, Florida, determined that the requested amendments are consistent with the City's Comprehensive Plan FLUM and are in compliance with all applicable procedures of the Unified Land Development Regulations of the City of Casselberry, Florida; and WHEREAS, based on the foregoing, the City Commission of the City of Casselberry has determined the zoning classification of said property shall be PMX-MID, as that district is defined in Articles IV and V of Chapter II, as amended and supplemented, of the Unified Land Development Regulations, Code of Ordinances of the City of Casselberry, Florida.