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Home My WebLink About2007 11 26 Regular 604 Conditional Use Permit KAI Properties CITY COMMISSION ITEM 604 Consent Information Public Hearin2 Re2ular X November 26. 2007 Meeting ~ REQUEST: The Community Development Department requests the City Commission consider a 6-month extension request (pursuant to Section 20-36 of the City's Code of Ordinances) to the conditional use permit granted on January 23, 2006 for parcel 34-20-30-5A W-0000-028A owned by KAI Properties on the south side ofSR 434. PURPOSE: The purpose of this agenda item is to consider a request by KAI Properties LLC, for a 6-month extension to their previously approved conditional use permit, which allowed multiple-family residential (town home) units in the C-1 (Neighborhood Commercial) zoning district. The subject property is on the south side of SR 434, just west of SR 419 and across from the vacant Eckerd's. APPLICABLE CODE: Sec. 20-234. Conditional Uses. (5) Multiple-family residential with a maximum allowable density no greater than that allowed under a Medium Density Residential future land use designation and with at least two (2) parking spaces for each unit provided within an enclosed garage; Sec. 20-36. Expiration of conditional use, variance and waiver approvals. (a) Any conditional use, variance or waiver approved by the city commission under this Division shall expire two (2) years after the effective date of such approval by the city commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the city within said time period. Upon written request of the property owner, the city commission may extend the expiration date, without public hearing, an additional six months, provided the property owner demonstrates good cause for the extension. In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired and null and void. (b) The city commission hereby finds that there may be one or more unexpired conditional use, variance, or waiver permits previously granted by the City that may have never been acted upon or abandoned by the property owner. The city commission finds that these unexpired permits may now be detrimental to the public health, safety, and welfare of the community due to changed circumstances in the surrounding neighborhood and changes in law. Therefore, the provisions of this section shall apply retroactively to any unexpired conditional use, variance, and November 26, 2007 Regular Item 604 Page 2 waiver previously granted by the city commission. It is the intent and purpose of this subsection to void any previously granted conditional use, variance, and waiver permit that does not comply with the provisions of this section and to require the property owner to reapply, under current circumstances, for said permit should the property owner desire or need said permit. (Ord. No. 2004-49, S 2, 12-13-04) CHRONOLOGY: Apr. 17,2005 Pre-Application Meeting during Staff Review Oct. 20, 2005 Conditional Use Application Received Nov 2,2005 Planning Staff Review Dec. 1, 2005 BOA Recommended Approval Dec. 12, 2005 City Commission tabled the item Jan. 23, 2006 City Commission approved Conditional Use (CU) CONSIDERATIONS: The previously granted conditional use permit will expire on Jan. 23, 2008. The 1.7 acre undeveloped site has C-1 zoning, a Commercial Future Land Use (FLU) designation, and is located within the SR 434 New Development Overlay Zoning District. Multiple-family residential is allowed as a Conditional Use with a maximum density of9.0 dwelling units per acre. The site abuts undeveloped properties to the east and west with C-l zoning. Across (on the north side) ofSR 434 is the former Eckerd's site. To the south is the unimproved Celery Avenue right- of-way and vacant property that has a Low Density Residential Future Land Use and RC-l zonmg. The applicant has submitted a conceptual plan that illustrates his intentions for the site. This concept plan is attached. FINDINGS: Pursuant to Section 20-36 of the City Code, a 6-month extension may be granted by the City Commission. RECOMMENDATION: Staff requests the City Commission approve the 6-month conditional use extension for parcel 34- 20-30-5A W -0000-028A on the south side of SR 434 ATTACHMENTS: A Concept Plan B Letter requesting extension of the KAI Conditional Use CITY COMMISSION ACTION: ( "<\ '\.. .' ~ 5m/4 . \ \ .~~ .~, '~~: 5006 -'''', \\ \\ ~~ ~:~i' \1; '.~~ 0,\ \~ x ~ ~;i '~~"'I ir,__.-::~<,.< ~ ---., \ . y~.3!----..1t:::""l_..._.../ /~'~i '&b _.-~~---_... .../../. \ 1\ \-:/----/?~<f=--\ \ \\ \ //'r:::'~'-/-' \;:1-~ =-=.\' I A..... .' \"'\=--. ~,.=~.,- '\ (...--;-' \ \ ( " rl=-~~=:: \\ \ ~ /- -Z-:tJ\ '\l~ ~ )y=--=='-'~; J, ~= ~ \ \ ' '0' ~-__)='='-'._ ~ I\'~i ~jt=-=fi'=-=--- \ i I ~ <'t--='=/ <~ . l~~_i J~-='~--~\ \\\ (-=-=====-"-=-1, \ ._.- '\'r---=='-' 1\ \\, ( w;.=--=:: II \ f1-. .==-=.====) - s--=\ L'I'\ 'I "r-= ~\ " , \~ j \, ~-" \ \, \: ... l 4=~=====-=";~~~~ q <( "\. 11.. ~ \ l' '--="=-=~l'D-'G:rI'~J$'~~.i'ci1J:L-:;'fu ,\.:J. \,'--".\;.)'" . ~~JI!~~[o:DII'I,jJJ. 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IP LS 5006 ATTACHMENT B Kai Properties LLC 817 Pink Camellia Ct. Apopka, FL 32712 R!'--,;-~" '"---' . .... !fo.,... ~~,,~ ~... ~."). , . ./'! l~h~' Date: October 11,2007 OCT 1 7 20G7 Attn: Commissioners CrtYOf WINT'CR SPRINGS Cl)nJmuoHy DQ\,.,~j'J~m~nt District: Winter Springs, FL Subject: Kai Reserve Town homes Property ill: 34-20-30-5A W-0000-028A Kai Properties, LLC hereby requests a one year extension on the land use provision that was granted to develop 15 town homes. We have had a number of set backs in putting this project together. Some of the challenges were designated roads, using Celery Avenue and getting our engineers to give this job a priority. Our biggest concern is the housing market today. We do not want to scrap the project at this time,.but have everything in place for the next year and we're seeing how the market develops. Thank you for your consideration in this matter. Sincerely, ~~ John Bullock, Manager Kai Properties, LLC.