HomeMy WebLinkAboutResolution 1984-2 Fairway Oaks II
THE FOLLOWING RESOLUTIONS
ARE NUMBERED WITH 'OUT-OF-
SEQUENCE' RESOLUTION
NUMBERS.
THESE RESOLUTIONS WERE
ADOPTED OCTOBER 9,1984 AND
WERE FILED BEHIND RESOLUTION
NUMBER 461.
THE FOLLOWING RESOLUTIONS
ARE NOTED AS FOLLOWS:
RESOLUTION NUMBER 1
RESOLUTION NUMBER 2
RESOLUTION NUMBER 3
RESOLUTION NUMBER 4
RESOLUTION NUMBER 5
AND REFERENCE IMARA
CORPORATION AND P.U.D.
DEVELOPMENT PLAN
RESOLUTION 12
RESOLUTION DENYING APPLICATION OF IMARA CORPORATION
FOR FINAL P.U.D. DEVELOPMENT PLAN APPROVAL
GROUNDS: Application Inconsistent With Previously-Approved
Final P.U.D. Development Plan
WHEREAS Imara Corporation, [hereinafter, "the Developer" has made
application to the City of Winter Springs for approval of a Final P.U.D. Development
Plan and Preliminary Subdivision Plan affecting certain real property located in the
Tuscawilla P.U.D. known as "Fairway Oaks II", hereafter referred to as "the Subject
Property"; and
WHEREAS a Final P.U.D. Development Plan on the Subject Property providing
for, among other things, a residential density of four dwelling units per gross residential
acre was approved in 1981; and
WHEREAS the owner of the Subject Property failed to commence substantial
development, as defined in the City Code, Section 44.85.11, on the Subject Property
within twenty-four months after approval of the Final P.U.D. Development Plan; and
WHEREAS both the approved Final and Preliminary P.U.D. Development Plans
for the Subject Property appear to have become null and void; and
WHEREAS, if the portion of the Preliminary P.U.D. Development Plan covering
the Subject Property has not become null and void due to the failure of the property
owner or his agent to timely commence substantial development pursuant to the
previously-approved Final P.U.D. Development Plan, then the previously-approved Final
P.U.D. Development Plan would remain in full force and effect; and
WHEREAS the current application should, under that circumstance, be treated as
a proposed alteration to the previously-approved Final P.U.D. Development Plan; and
WHEREAS an alteration of a previously-approved Final P.U.D. Development Plan
may only be approved if it is substantially consistent with the previously-approved Final
P.U.D. Development Plan; and
WHEREAS, the previously-approved Final P.U.D. Development Plan with respect
to the Subject Property, authorized a residential density of only four dwelling units per
acre; and
WHEREAS the current application for approval of a Final P.U.D. Development
Plan calls for a density of approximately twelve dwelling units per gross residential acre;
and
WHEREAS such proposed alteration, calling for a residential density three times
as great as the density in the previously-approved Final P.U.D. Development Plan, would
not be substantially consistent with the previously-approved Final P.U.D.
Development Plan; and
NOW THEREFORE be it RESOLVED, that the application of Imara Corporation
for approval of its Final P.U.D. Development Plan, or for alteration of any extant
previously-approved Final P.U.D. Development Plan, be and the same hereby is DENIED.
IN WITNESS WHEREOF we hereby set our hands and seals this 9th day of
October, 1984.
John V. Torcaso
as presiding officer of the City Council
of the City of Winter Springs, Florida
Mary T. Norton
as clerk of the City Council of the
City of Winter Springs, Florida