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HomeMy WebLinkAbout2000 04 10 Public Hearings F First Reading - Ordinance 2000-11 Low Density Residential COMMISSION AGENDA ITEM F Consent Informational Public Hearing X Regular April 10, 2000 Meeting ;0--~ Mgr. / ept. Authorizatio - - REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for first reading and consideration of Ordinance 2000-11 to adopt the large scale comprehensive plan amendment (LG-CP A-2-99) that would change the Future Land Use Map designation on the Elizabeth Morse Foundation Property from (County) Suburban Estates" (1 DU per acres) to (City) designation "Lower Density Residential" (1.1 - 3.5 DU per acre). PURPOSE: The plan amendment is intended to allow for development of the Elizabeth Morse Foundation property as a single family residential subdivision at a higher density due to the intention to request City water and sewer service. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3184(15)(b) F.S. which state: "The local governing body shall hold at least one advertised public hearing on the proposed comprehensive plan or plan amendment as follows: 1. The first public hearing shall be held at the transmittal stage pursuant to subsection (3). It shall be held on a weekday at least 7 days after the day that the advertisement is published. COD/April 3, 2000111 :48 AM APRIL 10, 2000 PUBLIC HEARING AGENDA ITEM F Page 2 2. The second public hearing shall be held at the adoption stage pursuant to subsection (7). It shall be held on a weekday at least 5 days after the day that the second advertisement is published." CONSIDERATIONS: . The City Commission annexed the Elizabeth Morse Foundation property on September 27, 1999. · Discussions were held on several occasions about including the subject property in the GreeneWay Interchange District and later in the expanded Town Center. · The property owner's representative requested the property be rezoned prior to the adoption of the comprehensive plan amendment for the property. A first reading of Ordinance 749 to rezone the Elizabeth Morse Foundation property from (County) A-I "Agriculture" (1 DU per acre) to (City) R-IA "One Family Dwelling District" (8,000 sq. ft. minimum lot size) was held on November 8, 1999. A second reading scheduled for December 13, 1999 to reconsider a proposal to rezone the property to R-1AA back to the original request ofR-IA was deferred with the intention that any consideration of rezoning should occur after the adoption of the comprehensive plan amendment. . The Commission at a "transmittal" public hearing on December 13, 1999, voted to transmit the Elizabeth Morse Foundation plan amendment to the Florida Department of Community Affairs for its review and comment. . The Local Planning Agency, at its November 3, 1999 meeting recommended the City Commission transmit the Town Center large scale comprehensive plan amendment (LG- CP A-2-99) to the Florida Department of Community Affairs for its review and comment (ORC Report). · The Florida Department of Community Affairs (DCA) has issued its ORC Report (see attached) and has raised questions involving designating as "Conservation" wetland and floodplain areas, and questions on availability of public facilities. (See attached ORC Report for LG-CPA-2-99 and response). FISCAL IMPACT: None CDD/ApriI3, 2000/9:18 AM APRIL 10, 2000 PUBLIC HEARING AGENDA ITEM F Page 3 FINDINGS: · The proposed future land use change from (County) Future Land Use Map (FLUM) designation "Suburban Estates" (1 DU per acre maximum) to the City's FLUM designation of "Lower Density Residential" (1.1 - 3.5 DU per acre) on the subject property is compatible with adjacent county FLUM designations of "Low Density Residential" (4 DU per acre maximum) on the west and north side of the Elizabeth Morse Foundation property. · The comprehensive plan amendment is compatible with the other elements of the City's Comprehensive Plan . The comprehensive plan amendment is compatible with and furthers elements of the State Comprehensive Plan, in Chapter 187 F.S. · The comprehensive plan amendment is compatible with and furthers elements of the East Central Florida Comprehensive Regional Policy Plan. STAFF RECOMMENDATION: Staff recommends the Commission hold a public hearing for first reading and consideration of Ordinance 2000-11 to adopt the large scale comprehensive plan amendment (LG-CPA-2-99). IMPLEMENTATION SCHEDULE: The ordinance would take effect upon notification by DCA in its "Notice ofIntent" to find the comprehensive plan amendment consistent with the State Comprehensive Plan, the Regional Policy Plan, and the City's Comprehensive Plan, approximately June 14, 2000. ATTACHMENTS: A. Ordinance 2000-11 B. ORC Report. C. Elizabeth Morse Foundation Large Scale Comprehensive Plan Amendment Transmittal to DCA. COMMISSION ACTION: CDD/ApriI3, 2000110:21 AM ATTACHMENT A ORDINANCE 2000-11 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LG- CPA-2-99) CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM (SEMINOLE COUNTY) "SUBURBAN ESTATES" TO (CITY OF WINTER SPRINGS) "LOWER DENSITY RESIDENTIAL" ON THE ELIZABETH MORSE FOUNDATION PROPERTY; PURSUANT TO 166.041 FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the Elizabeth Morse Foundation Property was annexed into the City on September 27, 1999. WHEREAS, the Local Planning Agency, at its November 3, 1999 meeting recommended the City Commission transmit the Elizabeth Morse Foundation large scale comprehensive plan amendment (LG-CPA-2-99) to the Florida Department of community Affairs for its review and comment (ORC Report). WHEREAS, the proposed future land use change from (County) Future Land Use Map (FLUM) designation "Suburban Estates" (1 Dwelling unit per acre maximum) to the City's FLUM designation of "Lower Density Residential" (1.1 to 3.5 dwelling units per acre maximum) on the Elizabeth Morse Foundation Property is compatible with adjacent Seminole County FLUM designation of "Low Density Residential" (4 dwelling units per acre maximum) on the west and north side of the Elizabeth Morse Foundation Property. WHEREAS, the City shall designate on its Future Land Use Map for the subject property those areas designated on the Seminole County Future Land Use Map as "Conservation" on the Elizabeth Morse Foundation Property, thereby addressing the objection expressed by the Florida Department of Community Affairs in its ORC Report concerning the large scale comprehensive plan amendment (LG-CP A-2-99). WHEREAS, the City declares it has the capacity and willingness to provide sewer and water service to the subject property; that solid waste service will be provided by Florida Recycling Service, Inc.. through franchise agreement with the City; that transportation facilities and services will be provided by the developer of the residential subdivision in accordance with the requirements of City's Comprehensive Plan, to maintain Level of Service Standard for State Road 434 and Spring Avenue, and Chapter 9 of the City's Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: THAT, the City of Winter Springs Comprehensive Plan Future Land Use Map (PLUM) include the Elizabeth Morse Foundation Property, and that said property be redesignated from Seminole County FLUM "Suburban Estates" (1 Dwelling unit per acre) to City of Winter Springs FLUM designation "Lower Density Residential" (1.1 - 3.5 Dwelling units per acre maximum). Section 1- Recitals: The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2 - Purpose and Intent: It is hereby declared to be the purpose and intent of this Ordinance 2000-11 to adopt the large scale comprehensive plan amendment (LG-CP A-2-99) redesignating the Elizabeth Morse Foundation Property from Seminole County FLUM "Suburban Estates" (1 Dwelling unit per acre) to City of Winter Springs PLUM designation "Lower Density Residential" (1.1 - 3.5 Dwelling units per acre maximum). Section - Repeal of Prior Inconsistent Ordinances and Resolutions: All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section - Severability: If any section, subsection sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section - Effective Date: The effective date of this ordinance shall take effect upon notice by the Florida Department of Community Affairs of its ''Notice of Intent" to find the plan amendment consistent with the State Comprehensive Plan, the Regional Policy Plan, and the City's Comprehensive Plan. PASSED AND ADOPTED this_day of , 2000 CITY OF WINTER SPRINGS PAULP. PARTYKA, MAYOR ATTEST: ANDREA LORENZO-LUACES CITY CLERK 15T READING POSTED 2ND READING AND PUBLIC HEARING ATTACHMENT B OBJECTIONS, RECOMMENDATIONS AND COMMENTS CITY OF WINTER SPRINGS PROPOSED AMENDMENT 00-1 CONSISTENCY WITH RULE CHAPTERS 9J-S AND 9J-11. F.A.C., AND CHAPTER 163. F.S. I. FUTURE LAND USE MAP and TEXT AMENDMENTS A. The following Objections and Comment are raised to Amendments LG-CP A- 1-99, and LG-CPA-2-99. 1. Objection The amendment does not designate wetland and floodplain areas currently designated as Conservation on the County's Future Land Use Map as Conservation. The amendment site has not been demonstrated to be suitable for the proposed land uses and the allowable densities and intensities of use. Adequate data and analysis has not been provided assessing the sites suitability for development considering on-site wetlands and floodplain. Absent this data and analysis the Amendment fails to direct incompatible land uses away from wetlands and is inconsistent with the City of Winter Springs Land Use Element Objectives 2A and 2B, and Policies 2A-1, 2A-2, 2A-3c, and 2B-1 and Conservation Element Objectives Band C, and policies B-1, B-2, B-5, C-5, and C-6, which address protection of wetlands, floodplain, and environmentally sensitive areas. Rules 9J-5.005(2) and (5), 9J-5.006(2), 9J-5.006(3)(b)1., and 4., 9J-5.006(4), 9J-5.013(1), 9J- 5.013(2)(b)2., 3., and 4., 9J-5.013(2)(c)1., 3., f., and 6., and 9J-5.013(3), F.A.C. Sections 163.3177(6)(a) and(6)(d), F.S. Recommendation Revise the amendment to designate areas currently designated Conservation in the . County as Conservation in the City. Alternatively, provide analyses which identify and evaluate the suitability of the site for development considering wetlands and 10o-year floodplain on site. . The importance of uplan"d areas to the life cycle of wetland dependent species should be evaluated and protected in order to ensure that the habitat value of wetland areas is protected. After completing this suitability analysis, revise the proposed amendment to be based upon and consistent with the analysis. Objection The public facilities analysis did not adequately address the availability of potable water, solid waste, and transportation facilities and services. Absent this analysis, the amendment has not demonstrated consistency with the data and analysis requirements of Rule Chapter 9J-5, F .A.C., or Potable Water Element Objectives A and B, and Policies A-I, B-2 and C-I, Sanitary Sewer Element Objective A, and Policy A-I, and Traffic Circulation Element Objective C, and Policies C-I, C-2, C-3, C-4, C-5, and C-6, of the City's Comprehensive Plan. Rules 9J-5.005(2), 9J-5.005(6), 9J-5.006(2), 9J-5.006(3)(b)1., 9J-5.006(5), 9J-7.007(2), 9J- 5.007(3)(b)1., and 2., 9J-5.01l(I), 9J-5.0ll(2), 9J-5.016(2), and 9J-l1.006(3), F.A.C. Section 163.3 I 77(6)(a)-(d), (6)(f) l.a., and d., and (6)0), F.S. Recommendation . Revise the analysis of the impact of the proposed land use designation upon facilities and services and their adopted level-of-service (LOS). This analysis should specify and be based on the maximum amount of sewer, water, and roadway trips that would be generated by the most intensive levels of development allowed on the parcels by the proposed land use designation. The analysis should consider impacts attributable to approved but unbuilt development and growth projected to occur in the short (5-year) and long range (2010) planning timeframes. The analysis should identify the need for new and/or improved facilities and current plans of providing and siting such facilities and an assessment of costs and sources of revenue for providing needed facilities and/or services. Revise the amendment s necessary to be consistent with and supported by the data and analysis. Comment The Department of State indicated that the sites include and/or abut known archaeological resources. The City should survey the tracts to revisit known sites and to determine if archaeological or historic sites are present and, if so, they need to be preserved and protected by the City. NOTE: HARLIN, LOCKLIN & ASSOCIATES IS PREPARING THE RESPONSE TO THE ORC REPORT. THE RESPONSE IS EXPECTED TO BE COMPLETED BY APRIL 4, 2000 ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development DepL Planning Division January 4, 2000 . Mr. Ray Eubanks Florida Department of Community Affairs Bureau of Local Planning - Division of Resource Planning Plan Processing Team 2555 Shumard Oaks Blvd. Tallahassee, FL 32399-2100 Dear Mr. Eubanks: The City of Winter Springs submits the enclosed proposed large scale comprehensive plan amendments to DCA and other appropriate agencies for its review, as part of its Spring amendment cycle (first round) transmittal, per 9J-l1.006(I)(a) F.A.C. . 1. The Local Planning Agency held an advertised public hearing on the following enclosed proposed plan amendments: [per 9J-l1.006(l)(a)1. F.A.C. ] LG-CP A-I-99 LG-CP A-2-99 LG-CP A-4-99 November 3, 1999, and November 24, 1999 November 3, 1999 November 3, 1999 2. The City Commission of Winter Spring held an advertised public hearing on the following enclosed proposed plan amendments: [per 163.3184(l5)(b)1. F. S. and 9J-l1.006(l)(a)2. F.A.C. ] LG-CPA-I-99 LG-CPA-2-99 LG-CPA-4-99 December 13, 1999 December 13, 1999 December 13, 1999 The City is also submitting copies of these proposed plan amendments to the following agencies concurrently with this transmittal to DCA: [per 9J-ll.006(l)(a)2. FAC ] * * East Central Florida Regional Planning Council St. Johns River Water Management District * * Florida Department of Transportation Florida Department of Environmental Protection 3. The City submits the enclosed proposed plan amendments for review by the Florida Department of Community Affairs and other appropriate agencies. The following is a summary of each proposed plan amendment: [ per 9J-ll.006( 1 )(a)3. F AC ] LG-CPA-1-99: The purpose of the plan amendment is to create a new Future Land Use Map designation "Town Center on the Future Land Use Map, along with text (Gaps) in the Land Use Element in order to carry out the mandate of Policy 3)c. under Objective A of Goal 1 of the Traffic Circulation Element. LG-CP A-2-99: The purpose of the plan amendment is to change the Future Land Use Map designation of a 59.45 acre (resurveyed to 68 acres) parcel that was recently annexed into the City from county FLUM designation A-lO "Agriculture" to City PLUM designation "Lower Density Residential" LG-CP A-4-99: The purpose of the plan amendment is to state where in the City of Winter Springs public school facilities would be considered an allowable use in the Future Land Use Map designations, and provide school siting criteria. 4. Th"e City Commission intends to hold a second public hearing 60 days after the receipt of the aRC Report from DCA [per 163.3184(7) F.S.] - possibly March 27, 2000, or after clarification and resolution of items in the aRC Report with DCA. The City requests the Department of Community Affairs expedite the review ofLG-CPA-1-99 "Town Center" plan amendment and LG-CPA-4-99 "Public Schools Location" plan amendment. 5. The proposed plan amendments are not in/or applicable to an area of critical state concern. 6. The proposed plan amendments do not apply to the Wekiva River Protection Area pursuant to Chapter 369, Part ill, Florida Statutes. 7. The proposed plan amendment LG-CPA-1-99 and LG-CPA-2-99 are not an exemption to the twice per calendar year limitation on the adoption of comprehensive plan amendments, but LG-CPA-4-99 (the Public Schools Location plan amendment) is exempt. 8. The City has sent a copy of its complete adopted comprehensive plan including amendments with all support documents which includes data and analyses to all of the review agencies listed in Rules 9J-Il.009(8)(a) through (h) FAC. These copies have been sent concurrently with the transmittal to the Department of Community Affairs. As of the date of this letter, no other unit ofIocal government or government agency has filed a written request with the City for copies of the plan amendments. .9. The proposed plan amendments are not proposed to be adopted under ajoint planning agreement pursuant to 163.3171 Florida Statutes. 10. The contact person for the City concerning the proposed plan amendments is: Thomas Grimms, AICP Comprehensive Planning/Zoning Coordinator (407) 327-1800 # 303 Winter Springs City Hall 1126 East State Road 434 Winter Springs, FL 32708-2799 Enclosed are six (6) copies of the proposed amendments per 9J-11.006(1)(b) F.A.c. Included with these copies are six (6) copies of the staff report, and the minutes of the Local Planning Agency and the City Commission recommendation per 9J-11.006(l)(c) F.A.C. As mentioned, the City requests the Department of Community Affairs expedite the review ofLG-CPA-1-99 "Town Center" plan amendment and LG-CPA-4-99 "Public Schools Location" plan amendment. Sincerely, -=--/A.-~~ Thomas J. Grimms, Comprehensive PIa . g/Zoning Cordinator cc: Charles Carrington, AICP Community Development Director 1999 Plan Amendment File Read File : CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMI3ER 13.1999 Page 3 of I 7 No action was needed or taken. .:. .:. AGENDA NOTE: THE NEXT AGENDA ITEMS WERE HEARD IN THE FOLLOWING ORDER. .:. .:. ~v. , E. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing To Transmit The Elizabeth Morse Foundation Property Large Scale Comprehensive Plan Amendment (LG- CP A-2-99) To The Florida Department Of Community Affairs, That Would Change The Future Land Use Map Designation From (County) A-tO "Agriculture" To (City) Designation "Lower Density Residential". PUBLIC HEARINGS Commissioner David W McLeod returned to the Commission Chambers at 7:05 p.~. Staff briefly introduced this Agenda Item. Mayor Partyka opened the Public Input portion of this Agenda Item. There were no comments. The Public Input portion of this Agenda Item was then closed. Mayor Partyka said, "We need some kind of Motion to transmit". "I MAKE A MOTION". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. H. Community Development Department - lanning Division Requests The City Commission Hold A P lic Hearing For The Second Reading And Adoption Of Ordinance 749 To D gnate The Elizabeth Morse Foundation Property (59.45 Acres) R-tA "One Fam' Dwelling District" On The City's Zoning Map. Attorney Garganese read Ordinance 7 Brief discussion on the quantity of anned lots. Duncan Bowman, 2804 South S. cond Street, Jacksonville Beach, Florida: advised the Commission about the 115 lots lanned. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13. 1999 Page 10 of 17 VOTE: COMMISSIONER BLAKE: AYE; DEP TY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COM SSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. M ARRIED. Mayor Partyka then said, a Motion was neede , 'to "Delay the third reading of Ordinance 707 to some type of future date". "SO MOVED". MOTION BY COMM SIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. COMMISSIONER MARTINEZ ED TO HIS MOTION, "TO FEBRUARY 14TH". SECONDED (AGAIN) BY; COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR G NELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER M INEZ: AYE; COMMISSIONER McLEOD: ~~ AYE; COMMISSIONER BLA : AYE. MOTION CARRIED. . Mayor Partyka spoke about ge g documents for a meeting in a more timely manner. D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing To Transmit The Large Scale Comprehensive Plan Amendment (LG-CPA-1-99) To The Florida Department Of Community Affairs, That Would Create A Future Land Use Map Designation "Town Center" And Add Goal, Objectives, And Policies To The Text Of The Land Use Element Of The City's Comprehensive Plan (Volume 2 Of 2). Mr. Thomas Grimms, AICP, Comprehensive Planning Coordinator introduced this Agenda Item as part of the "Fall 1999 Submission Cycle To DCA". Mayor Partyka opened the Public Input portion of this Agenda Item. Joe DeMinico, 985 Troon Trace, Winter Springs, Florida: apologized, and then spoke about the Mayor's previous comments about documents being available prior to meetings. The Mayor closed the Public Hearing portion of this Agenda Item. Micky Grindstaff, 20 North Orange Avenue, Suite 1000, Orlando, Florida: stated "Just for the record, to state that Schrimsher Group was not in favor of the Town Center Comp Plan change to the Town Center zoning change without the companion agreement that addresses facts and situations probably that are unique to Schrimsher, which we have been talking about now - for over twelve (12) months, and I don't think there is any reason to get back into it; I just want it to be on the record as this new Ordinance was working its way through; just to point that out. And, I commend the P & Z for'- over one (I) year later, after they heard the Town Center Design Code Ordinance, to also taking similar action, when they heard the Town Center Comp Plan Amendment Ordinance, in CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMI3ER 13. 1999 Page II of 17 that they recommended approval of - with the exclusion of the Schrimsher properties, and any other property that didn't have an agreement that dealt specifically with it". "I MOVE TO FORWARD THIS COMPREHENSIVE PLAN, TO MOVE IT FORW ARD, TO TRANSMIT IT TO DCA". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; ~" COMMISSIONER McLEOD: AYE. MOTION CARRIED. ~ F. Community Development Department - Planning Division Requests The City Commission Hold A First Public Hearing To Transmit The Large Scale Comprehensive Plan Amendment (LG-CP A-4-99) To The Florida Department Of Community Affairs, That Would Change The Future Land Use Element Of The Comprehensive Plan By Replacing Existing Policy 2)a., b. Under Objective B Of Goal 3 With New Language (As Policy 2) Which Would Identify The Land Use Categories In Which Public Schools Are An Allowable Use And Provide School Siting Criteria. Mr. Grimms introduced this Agenda Item. Mayor Partyka opened the Public Input portion of this Agenda Item. There were no comments. The Mayor closed the Public Hearing portion of this Agenda Item. "I MAKE A MOTION THAT WE TRANSMIT THIS LARGE SCALE COMPREHENSIVE PLAN AMENDMENT TO THE DEP ARTMENT OF, FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS - AS REGARDS THE LAND USE CATEGORIES IN WHICH PUBLIC SCHOOLS ARE AN ALLOWABLE USE, AND PROVIDES SCHOOL SITING CRITERIA". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. COMMISSIONER MILLER THEN SAID, "I'D LIKE TO MAKE AN AMENDMENT TO THAT, TO INCLUDE THAT DCA EXPEDITE THE REVIEW". AMENDMENT BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE (ON THE AMENDMENT): COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 1999 Page 12 of 17 VOTE (ON THE MAIN MOTION): DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. G. Community Development Department - Planning Division Requests The City Commission Hold A Second P(tpbliC Hearing To Adopt Three (3) Large Scale Comprehensive Plan Amendments G-CP A-2-98, LG-CP A-3-98, LG- I CP A-4-98) Dealing With Land Conservation Anq Resource Protection. Brief discussion. I Mayor Partyka opened the Public Input portion I this Agenda Item. Joe DeMinico, 985 Troon Trace, Winter Sprr. gs, Florida: asked to have the "titles expanded upon". : Mr. Grimms explained what the abbreViatioi. "LG-CP A-2-98, LG-CP A-3-98, and LG- CPA-4-98" meant. Mayor Partyka then asked that it be noted t t Mr. DeMinico spoke on this Agenda Item. The Mayor closed the Public Input portio of this Agenda Item. Attorney Garganese suggested that an Or. inance should be included with this transmittal. Brief discussion followed regarding rela d advertisements. Commissioner Blake then asked to h e copies of Ordinances, and related advertising included in each Agenda packet. Mayor Partyka asked for a consensus of the Commission regarding this. The C nsensus of the Commission was to have related advertisements included in Agenda p ckets. "MOTION TO POSTPONE NTIL JANUARY 11 TH,,*). MOTION BY COMMISSIONER MARTINEZ SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: CO SSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMIS ONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MA OR GENNELL: AYE. MOTION CARRIED. *NOTE: The date of January 1 th that was stated, actually was a reference to the first meeting in January, which is t s meeting - the meeting of January 10,2000. Mayor Partyka asked about ecks and balances to ensure that everything is included in Agenda packages. - ) ) COMMISSION AGENDA ITEM E December 13, 1999 Meeting REQUEST: Consent Informational Public Hearing X Regular ~~~ Mgr. / /, -" e 1. Authorization The Community Development Department - Planning Division requests the City Commission hold a public hearing to transmit the Elizabeth Morse Foundation Property large scale comprehensive plan amendment (LG-CP A-2-99) to the Florida Department of Community Affairs, that would change the Future Land Use Map desilmation from (county) "Suburban Estates" to (City) designation "Lower Density Residential", . ) PURPOSE: The plan amendment is intended to allow for development of the Elizabeth Morse Foundation property at a higher residential density than County Agriculture zoning allows due to the provision of public water and sewer services. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3 I 84(3)(a) F.S. which state: "Each local governing body shall transmit the complete proposed comprehensive plan or plan amendment to the state land planning agency, the appropriate regional planning council and water management district, the department, and the Department of Transportation immediately following a public hearing pursuant to subsection (15) as specified in the state land planning agency's procedural rules. The local governing body shall also transmit a copy of the complete proposed comprehensive plan or plan amendment to any other unit of local government or government agency in the state that has filed a written request with the governing body for the plan or plan amendment." COD/December 2,1999/10:54 AM DECEM:BER 13,1999 PUBLIC HEARING AGENDA ITEM E ) Page 2 The provisions of 163.3184(15)(b) F.S. which state: "The local governing body shall hold at least one advertised public hearing on the proposed comprehensive plan or plan amendment as follows: l. The first public hearing shall be held at the transmittal stage pursuant to subsection (3). It shall be held on a weekday at least 7 days after the day that the advertisement is published. 2. The second public hearing shall be held at the adoption stage pursuant to subsection (7). It shall be held on a weekday at least 5 days after the day that the second advertisement is published." CONSIDERATIONS: . The City Commission annexed the Elizabeth Morse Foundation property on September 27, 1999. ) . Discussions were held on several occasions about including the subject property in the GreeneWay Interchange District and later in the expanded Town Center. . A first reading of Ordinance 749 to rezone the Elizabeth Morse Foundation property from (county) A-I "Agriculture" (1 DU per acre) to (City) R-IA "One Family Dwelling District" (8,000 sq. ft. minimum lot size) was held on November 8, 1999. A second reading is scheduled for December 13, 1999 to reconsider a proposal to rezone the property to R-lAA back to the original request ofR-IA. FISCAL IMPACT: None FINDINGS: · The proposed future land use change from county Future Land Use Map (FLUM) designation "Suburb~n Estates" (1 DU per acre maximum) to the City's FLUM designation of "Lower Density Residential" (1.1 - 3.5 DU per acre) on the subject property is compatible with adjacent county FLUM designations of "Low Density \ ) CDDlDccembcr 2, 1999/10:54 AM DECEMBER 13,1999 PUBLIC HEARING AGENDA ITEM E ) Page 3 Residential" (4 DU per acre maximum) on the west and north side of the Elizabeth Morse Foundation property. . The comprehensive plan amendment is compatible with the other elements of the City's Comprehensive Plan . The comprehensive plan amendment is compatible with and furthers elements of the State Comprehensive Plan, in Chapter 187 F.S. . The comprehensive plan amendment is compatible with and furthers elements of the East Central Florida Comprehensive Regional Policy Plan. STAFF RECOMMENDATION TO THE LOCAL PLANNING AGENCY AND TO THE CITY COMMISSION: 1. That the City Commission hold a first (transmittal) public hearing and transmit to the Department of Community Affairs the proposed Large Scale Comprehensive Plan Amendment (LG-CP A-2-99), to change from county Future Land Use Map (FLUM) designation "Suburban Estates" (1 DU. per acre. maximum) to the City's PLUM designation of "Lower Density Residential" (1.1 - 3.5 DU per acre) the Elizabeth Morse Foundation property on the Future Land Use Map of the Comprehensive Plan Land Use Element (Volume 2 of2); and 2. Hold a second public hearing, after receiving and reviewing the ORC Report, to adopt the plan amendment. LOCAL PLANNING AGENCY RECOMMENDATION TO THE CITY COMMISSION: The Local Planning Agency recommended that the City Commission transmit the proposed large scale comprehensive plan amendment for the Elizabeth Morse Foundation property (LG-CP A-2-99) to the Florida Department of Community Affairs. The following motion was made: ) "Based on the findings under Roman numeral four, the one, two, three, four bullets that are contained therein, I will make a motion to the City commission that they hold a first transmittal public hearing and transmit to the Department of Community Affairs, the CDDfDeccmbcr 2,1999/10:54 AM DECEMBER 13,1999 PUBLIC HEARlNG AGENDA ITEM E ) Page 4 propose large scale comprehensive plan amendment (LG-CP A-2-99) to change from (county) Future Land Use Map (FLUM) designation "Suburban Estates" (1 DU per acre maximum) to the City's Future Land Use Map designation of "Lower Density Residential" (1.1 - 3.5 DU per acre) for the Elizabeth Morse Foundation property on the Future Land Use Map of the Comprehensive Plan Land Use Element Volume 2 of2, and further to hold a second public hearing after receiving the aRC Report from the Department of Community Affairs." . The motion was amended: "Can I amend that to also include in that motion our recommendation from the October 6th meeting (LP A) to accompany that motion?" MOTION PASSED IMPLEMENTATION SCHEDULE: ) The City Commission would hold a second (adoption) public hearing within sixty (60) days after receiving the aRC Report from DCA (estimated to be received around the first part of March). Staff then develops any needed response to the aRC Report. The second public hearing is advertised and held (estimated to be in May). The ordinance would take effect immediately upon adoption by the City Commission. ATTACHMENTS: A. Map of location of the Elizabeth Morse Foundation property affected by the proposed plan amendment. B. Staff Reports for November 3, 1999 LP A meeting. C. Minutes of the October 6th and November 3rd LPA Meetings. COMMISSION ACTION: ) CDD/Oecembcr 2. 1999/10:54 AM ) ATTACHMENT A ) ) ELIZABETH MOnSE FOUNDATION PHOPEHTY T(rBE ANNEXED ') \ ) '.' Q Q- .~. 04 ... t., ______.l...._._.__ 3 II " Il I} If. . II.' tt.. II 11.& " c~ \I 1/ I) II.' I --'. .. .. u_.__ __. __ ._ ______. II It k.., \I 11._ / , :.. r ..,.".. tn. = ) ATTACHMENT B ) ) ) CITY OF WINTER SPRINGS, FLORIDA 1 t2G EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32700-2799 Telephone (407) 327.1000 Community Development Depl. Planning Division PLANNING & ZONING BOARD / LOCAL PLANNING-AGENCY AGENDA ITEM: II. C. ELIZABETH MORSE FOUNDATION PROPERTY LARGE SCALE COMPREHENSIVE PLAN AMENDMENT LG-CP A-2-99 ) STAFF REPORT: The Community Development Department - Planning Division Staff Report to the Development Review Committee on the above proposed comprehensive plan amendment is attached along with the minutes of the DRC on this item. ) ) CITY OF WINTEFl SPFlINCS. FLOHID/\ ----_._------------------_._._-~._- 112G EAST ~;TAlE IlOAD ~J~ WINi-EFl spnlNGS_ FIDnlDA 32'/00-2799 Tclcphonc (~O"!) 327-1000 Community Development Dept. Planning Division MEMORANDUM TO: Development Review Committee DATE: Thomas Grimms, AICP Comprehensive PlanninglZoning C~ October 14, 1999 FROM: RE: DRC Review of Proposed Elizabeth Morse Foundation Property Large Scale Comprehensive Plan Amendment for October 19th meeting. ) DRC REVIEW OF ELIZABETH MORSE FOUNDATION PROPERTY PLAN AMENDMENT: The proposed large scale comprehensive plan amendment for the Elizabeth Morse Foundation property results from the annexation of59.45 acre parcel in the county enclave 'on the east side of Spring Avenue north of S.R. 434 and request by the owner to develop the property at a higher density than what is currently allowed by the county. The Development Review Committee historically has been the staff level forum to review developments proposed in the City. This comprehensive plan amendment has a direct bearing on the type and density of development that would be allowed on the property when the owner proceeds to develop the property. The DRC needs to review and make recommendation on the proposed plan amendment to the Local Planning Agency (LP A) on October 19th. The LP A will review the amendment and make recommendation on November 3, 1999 to the City Commission whether the plan amendment should be transmitted to the Florida Department of Community Affairs and whether it should be adopted, adopted with changes, or voted down at a second public hearing to be held by the Commission. i . ~ --/ ~ '-t <: :1 ) ) PLAN AMENDMENT REVIEW PROCESS: October 19, 1999 November 3, 1999 December 13, 1999 Near End of February, 2000 In, April, 2000 In May, 2000 [Fall Amendment Cycle] Development Review Committee review and recommendation to the Local Planning Agency Local Planning Agency review and recommendation to City Commission City Commission votes to transmit plan amendment to DCA for its review and ORC Report. DCA sends ORC Report to City. City responds to ORC Report and advertises for 2nd public hearing. City Commission holds 2nd public (adoption) hearing. CITY 01: WIf'lTr::n SPFlINCS. Fl_onID^ 11%(; EAST STAfr:: nOM) ~J~ WIN-rl:n Sf)nINGS_ FLOFlIDA :3%"100-%-/99 Telephone (~07) 327-lll00 ::cmmunily Development Ocp\. Planning Division DEVELOPMENT REVIEW COMMITIEE AGENDA ITEM: m. LARGE SCALE COMPREHENSIVE PLAN AMENDMENT TO THE LAND USE ELEMENT, VOLUME 2 OF 2 FUTURE LAND USE MAJ> (FLUM) [2010] CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM COUNTY A-10 "AGRICULTURE" TO CITY FLUM DESIGNATION "LOWER DENSITY RESIDENTIAL" (LG-CP A-2-99) COMMUNITY DEVELOPMENT DEPARTMENT- PLANNING DIVISION STAFF REPORT TO THE DRC 'APPLICABLE LAW AND PUBLIC POLICY: ) The Development Review Committee (DRC) has historically been the staff level forum to review developments proposed in the City. The provisions of 163 .3174(4) Florida Statutes which states "Be the agency (Local Planning Agency) responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan. During the preparation of the plan or plan amendment and prior to any recommendation to the governing body, the Local Planning Agency shall hold at least one public hearing, with public notice, on proposed plan or plan amendment." The provisions of Sec. 2-57 ofthe City Code which state in part ". . .the plannin.g and zoning board shall serve as the local planning agency pursuant to the county . comprehensive planning act and the local government comprehensive planning act of the state. . ." 1. BACKGROUND: APPLICANT: OWNER: Harling Locklin Associates 850 Courtland Street Orlando, FL 32804 Elizabeth Morse Foundation P. O. Box 40 Winter Park, FL 32790 ) Elizabeth Morse Foundntion Amendment LG-CPA-2-99 Development Review Committee October J 9, J 999 Fall Amendment Cycle. 1999 ') REQUEST: The applicant is requesting a change of Future Land Use Map designation from county R- 10 "Agriculture" (1 DU per acre maximum) to the City's "Lower Density Residential" (1.1 - 3.5 DU per acre). PURPOSE: To develop the property as a single family residential subdivision. A. SITE INFORMATION 1. PARCEL NUMBER 31-20-31-5BB-0000-0150 31-20-31-5BB-0000-001A 3 1-20-3 1-5BB-0000002D 31-20-31-5BB-0000-003A 2. ACREAGE: 59.45 acres 3. GENERAL LOCA nON: ) North of S.R. 434 and south of Lake Jessup, west of the beltway and east of Spring Ave. 4. LEGAL DESCRIPTION: (see Attachment A) 5. CHRONOLOGY OF SUBJECT PROPERTY: The property has been in the unincorporated area of the county. 6. DEVELOPMENT TRENDS: ) This general area along S.R. 434 in proximity to the beltway is experiencing development pressure. In recent years the McKinley's Mill residential subdivision was built on the south side of S.R. 434 just west of the subject property. Recently, the Battle Ridge property was approved for a 108 lot residential subdivision and conservation area. Just to the west of the beltway, Hess Service Station has been built, Kash-N-Karry Food Store is about to be built as well as the 252 unit Courtney Springs Apartment complex. The City intends to create a higher density/intensity mixed use "GreeneWay Interchange 2 Development Review Committee October 19, 1999 Fnll Amendment Cycle, 1999 Elizabeth Mor.;e Foundation Amendment LG-CPA-2-99 ) District" modeled somewh"t "ficr thc county's Highcr Intensity Planncd Devclopment (HIPs) found around the airport, the I-tJ Corridor, etc. around a major transportation nexus. 7. EXISTING LAND USE 01? SUBJECT PROPERTY: Just over half the property is in active citrus grove, and the remainder is vacant with tree cover. 8. LETTERSIPHONE CALLS IN FAVOR OR IN OPPOSITION: No inquires or comments in favor or in opposition to the proposed large scale comprehensive plan amendment at the time of preparation of this Staff Report (10/15/99). B. EXISTING LAND USES ADJACENT TO SUBJEcr PROPERTY: North: South: East: ) West: Small cottage-type houses between the subject property and Lake Jessup. Vacant land. The beltway (S.R. 417 "The GreeneWay); further east is vacant treed area. Small cottage-type houses. c. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY: Existing: Requested: (county) "Suburban Estates" (maximum 1 DU per acre) "Lower Density Residential" (1.1- 3.5 DU/acre). NOTE: Applicant has requested City FLUM designation during Fall 1999 Comprehensive Plan Amendment Cycle. D. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJEcr PROPERTY: North: South: East: West: ) (county) "Low Density Residential" (4 DU /acre maximum). Mixed Use. NOTE: "GreeneWay Interchange District" FLUM designation recently adopted by City Commission, now awaiting approval by DCA. The Beltway; further east "Conservation" . (county) "Low Density Residential" (4 DU/acre maximum). 3 Etiz.abeth Morse Foundation Amendment LG-CPA-2-99 Development Review Committee October 19, 1999 Fall Amendment Cycle, 1999 ) E. ZONING OF SUBJECT }>RO}>"ERTY: Existing: (county) A-IO "Agriculture)) (1 DUll 0 acre maximum) Requested: R-IA (8,000 sq. ft. minimum lot size; 75 ft lot width) F. ZONING ADJACENT TO SUBJECT PROPERTY: North: (county) R-l "Single Family Dwelling District)) (8,4,00 sq. ft. minimum lot size) South: PUD. NOTE: "GreeneWay Interchange District" Zoning Regulations recently adopted by City Commission dependent on approval of the "GreeneWay Interchange District" FLUM designation by DCA. East: No zoning designation on east side of Beltway on the Battle Ridge wetland area; R-IA on eastern portion of Battle Ridge property. West: (county) R-l and A-lO. ') m. COMPREHENSIVE PLAN AMENDMENT ANAL YSIS: The following summarizes the data and/or issues which the applicant analyzed in reviewing this application: Attachment "B" is the applicant's supporting data & analysis. NOTE: It is City policy that the applicant of a large scale comprehensive plan amendment provide the necessary data and analysis in accordance with 9J-5.005(2) Florida Administrative Code, and Rule 9J-11.006(1)(b)1. - 5. Florida Administrative Code. City staff performs the analysis of "consistency/compatibility" of the proposed large scale comprehensive plan amendment with the City, State and Regional comprehensive plans. [per 163.3177(10)(A) F.S., 9J-5.00 1 (9) F.A.C. and 9J- 5.021(4) F.A.C. ] D. CONSISTENCY/COMPATIBILITY WITH CITY, STATE, AND REGIONAL COMPREHENSIVE PLANS: 1. WITH THE CITY COMPREHENSIVE PLAN: ) The proposed plan amendment is compatible with and consistent with the City's Comprehensive Plan and not in conflict with the other elements of the City's Comprehensive Plan, specifically: 4 Development Review Committee October 19, J 999 Fall Amendment Cycle, 1999 Elizabeth Morse Foundation Amendment LG-CPA-2-99 ::~:' . ".t::: :It: ~::l~l",','~':l .,.:-.;..;.:......-~. ...... .... .. ". ",.. -.. - ') ) ~~ ..~ ", Land Use Element: Goall Policy 3 of Objective A under Goal 1 Policy 4 of Objective A under Goal 4 Policy 2a of Objective A under Goal 3 Recreation and Open Space Element: Policy 1 of Objective E under Goal 1 Sanitary Sewer Sub-Element: Policy 5 of Objective A under Goal 1 Policy 6 of Objective A under Goal 1 Intergovernmental Coordination Element: Policy 1 of Objective D under Goal 1 Objective E under Goal 1 Policy la, 1d of Objective Funder Goal 1 ) 2. WITH TIIE STATE COMPREHENSIVE PLAN: 163.3177(10)(A) F.S. The comprehensive plan amendment is compatible with and furthers goals and policies of the State Comprehensive Plan in" Chapter 187 F.S. List of goals, objectives and policies that indicate consistency with the State Comprehensive Plan: 9J-5.021 (4) F.A.C. STATE COMPREHENSIVE PLAN (8) VVaterResources Goal (a), Policies 5, 10, 12 (16) Land Use Goal (a), Policy 3 (22) The Economy Policy 3 NOTE: A Local comprehensive plan shall be consistent with a Comprehensive Regional Policy Plan or the State Comprehensive Plan if the local plan is compatible with and furthers such plans. 9J-5.021(1) F.A.C. 5 Development Review Committee October 19, ] 999 Fall Amendment Cycle, 1999 Elizabeth Morse Foundation Amendment LG-CPA-2-99 ) The term "compatible with" means that the local plan is not in conflict with the State Comprehensive Plan or appropriate comprehensive regional policy plan. The term "furthers" means to take action in the direction of realizing goals or policies of the state or regional plan. 9J-5.021(2) F.A.C. For the purposes of determining consistency of the local plan with the State Comprehensive Plan or the appropriate regional policy plan the state or regional plan shall be construed as a whole and no specific goal and policy shall be construed or applied in isolation from the other goals and policies in the plans. 9J-5.021(2) F.A.C. 3. WITH TIIE EAST CENTRAL FLORIDA COMPREHENSIVE REGIONAL POLICY PLAN: 186.507 F.S.; 27-E-4 F.A.C. The comprehensive plan amendment is compatible with and furthers goals and policies of the East Central Florida Comprehensive Regional Policy Plan. List of goals, objectives and policies that indicate consistency with the East Central Florida Comprehensive Regional Policy Plan 9J-5.021 (4) EA.e. EAST CENTRAL FLORIDA COMPREHENSIVE REGIONAL POLICY PLAN: Policy 57.1: 1,4, 5 Policy 58.1, 2 Policies 65.5 Nom: A Local comprehensive plan shall be consistent with a Comprehensive Regional Policy Plan or the State Comprehensive Plan if the local plan is compatible with and furthers such plans. 9J-5.021(1) F.A.C. The term "compatible with" means that the local plan is not in conflict with the State Comprehensive Plan or appropriate comprehensive regional policy plan. The term "furthers" means to take action in the direction of realizing goals or policies of the state or regional plan. 9J-5.021(2) F.A.C. ) 6 Development Review Committee October] 9, ] 999 Fall Amendment Cycle, 1999 Elizabeth Morse Foundation Amendment LG-CP A-2-99 ) For the purposes of determining consistency of the local plan with the State Comprehensive Plan or thc appropriatc rcgional policy plan thc state or regional plan shall be construed as a whole and no specific goal ancl policy shall be construed or applied in isolation from the other goals and policies in the plans. 9J-5.021(2) F.A.C. IV. FINDINGS: · The proposed future land use change from county Future Land Use Map (FLUM) designation R-IO "Agriculture" (1 DU per 10 acres maximum) to the City's FLUM designation of "Lower Density Residential" (1.1 - 3.5 DU per acre) on the subject property is compatible with adjacent county FLUM designations of "Low Density Residential" (4 DU per acre maximum) on the west and north side of of the Elizabeth Morse Foundation property. · The comprehensive plan amendment is compatible with the other elements of the City's Comprehensive Plan · The comprehensive plan amendment is compatible with and furthers elements of the State Comprehensive Plan, in Chapter 187 F.S. ) . The comprehensive plan amendment is compatible with and furthers elements of the East Central Florida Comprehensive Regional Policy Plan. V. SUGGESTED DRC RECOMMENDATION TO THE LP A: The Community Development Department - Planning Division requests the Development Review Committee make the following recommendation to the Local Planning Agency: 1. That the City Commission hold a first (transmittal) public hearing and transmit to the Department of Community Affairs the proposed Large Scale Comprehensive Plan Amendment (LG-CP A-2-99), to change from county Future Land Use Map (FLUM) designation R-I0 "Agriculture" (1 DU per 10 a'cres maximum) to the City's FLUM designation of "Lower Density Residential" (1.1 - 3.5 DU per acre) the Elizabeth Morse Foundation property on the Future Land Use Map of the Comprehensive Plan Land Use Element (Volume 2 of2); and 2. Hold a second public hearing, after receiving and reviewing the ORC Report, to adopt the plan amendment. ) 7 ..... Development Review Committee October 19, ] 999 Fall Amendment Cycle, 1999 Eli.wbcth Morse foundation Amendment LG.CPA.2.99 ) ) A rf A CfIMENTS: A. Legal Description of the Elizabeth Morse Foundation Property. B. Applicant's supporting data & analysis for comprehensive plan amendment. ) 8 Development Review Committee October 19, 1999 Fall Amendment Cycle, 1999 Eliz.1beth Morse Foundation Amendment LG-CPA-2-99 ) ATTACHMENT A ..> ) ; LEGAL DESCIUl'Tl ON Lots 1,2,3, i\, 5. and 6, Seetioo 31, Township 10 Soulb, Range JI blSl, ALSO Lots 1,1, J, 'I, and 8 or SeCtion 5, Township 21 South. Range 31 :Ens!. (Less beginning 10 feel 12 of and 27'\.1 feet S of the NW comer of Lot 3, Sc.ction 5, run E 366.6 fecI N 060 05' E 507.3 feel, N 000 12' E 321.7 foct, S 8r 32' W 193 feel, N 0'10 30' W 269.1 feel. S 89004' E 652.1 feet, S 89056' E 420 feet, N 241.9 fc.ct to shore of Lake Jessup, W'ly along shore 1,286 feel to tbe E line of Spring Avenue; S 1,173 feet to beginning), being 91 acrcs, more or less. All above real propen y being a part of the Phillip R... Young Grant according to the platthcrcof ns rccorded in .PIal Book I, Page 35, Public Records of Seminole Counly, Florida. ALSO n A right of ingress and egress over that 10-footstrlp of land adjoining and running nlong the N'ly side of a line commencing 20 fed E and 274.1 fect S of the NW comer of Lot 3 of Section 5, Township 21 South, Range 31 East, run E 366.6 feet and a right of ingress and egress oyer that 1 a-foot strip of land adjoining and running along the W'ly side of line commencing 366.6 fccl E of a point :W fed E and 274. I feet S of the NW corner of Lot 3, Section 5; Township 21 South, Range 31 E, run N 06005' E 507.3 fect, thence N 000 12' E 321.7 feel, said LOl3 appears in the plat of Phillip R Young Grant n.s recorded in Plat Book I, Pagc 35 of the public Records of ') Seminole County, Florida.. ~ L:css the E 25 feel of Lots 2 and 8 of said Section 5; less W 25 feel of Lots I, 3, and 7 of said Section 5 and less W 25 feet of Lot 2 and E 25 feci ofLat 3 of said SGClion 32. LESS A part of Lot I, Section 5, Township 21 Soutb, Range 31 East, and Lots I, 2,.and 3, Section 32, Township 20 South, Range 31 East of the Phillip R Young Grant, according to the plat thereof as recorded in Plat Book I, Page 35 of the Public Records of Seminole County, Florida, being more particularly described as follows: Commence at the NE comer of said Section 5: thence run S 880 49' 39" W along the N line of said Section 5, a distance of -189.88 feet to tbe NE comer of said Lot I, Section 5 of the Phillip R- Young Grant for a point of beginning; thence run S 040 42' 40" W along the E line of suid Lot I, Section 5. a distance of 665.23 feet to the SE comer of said Lot I, Section 5; thence nm S 880 49' 39" W along the S line of said Lot I, Section 5, a distance of 204.39 feel: thence departing said S line run N 250 45' 00" W, a disla.nce of 1,386.79 feel to a point on the E line or lhe W 25.00 feet of said Lot 2, Section 32: thence run N 010 17' 12" W along said Eline;). distance of 408.90 feet to a point on the N line. of said Lot 2, Sc.ction )2: thence depaning said 12 line run S 830 41' 20" E olong said N line;] distAnce of 9<\9.00 feello the NE comer of said Lot I. Section 32: Ulenec run S OlJv i\2' IJO" W along the E line of said Lot I, Sccllon 32. a distance of 891.00 ) ~ r .I ) '\ } ) fCCI 10 Ihe poi.\\ or iJel'.i"lIi,,~.>. AND ALSO LESS Commence ;)( the Nt comer of said Section 5 :\150 being Ihe SE curlier of said Su.tioIl 32; thence run S 880 "9' 39" W :\Iong the N line of said Section 5. nl$O being the S line of snid Seclion 32. :'I dist..aoee of 1,088.05 feel to ~ poinl on the W line of the E 25.00 feet of said Lot 3, Section 32; thence departing the S line of said Section 5 nnd the S line of sa.id Section 32. run N 0 I 0 17' 12" W along said W line, ;} distance of 709.22 fecI for a point c.:- :::eginning~ thence departing said W line run N 25045' 00" W a distance of 103.97 feet; thence run S 880 1\6' '18" W a dis\..;)nce of 69.93 feet to a point on thc E linc ofamcndcd plat of first addition to Mineral Springs. according t~ the plat thereof, as recorded in Plat Book 8. Pages 46 and 47 of the Public Records of Seminole County, Florida; thence run N 010 09' 12" W along said E line a distance of 225.66 fcet to a point on the N line of said Lot 3, Section 32; thence departing said Eline ron S 830 47' 20" E along said N line. a distance of 113.43 feet to a point on the aforesaid W line of the E 25.00 feet of said Lot 3, Section 32; thencc departing said N line run S 010 1 T 12" E along .:s<\id W line a distance oD05.58 feet to the point of beginning. Containing 24.179 acrcs. more or less. ALSO LESS ) A part of the W 25.00 feet of Lot 2 and the E 25.00 fed of Lot 3, Section 32, Township 20 So~th> Ra.n~e 31 East of thc Phillip R. Young Grant. according to the plat thereof. as recorded in Phii.. Book I. Page 35 of the Public Rccords ofScminolc County, Flonda. being more particularly descnbed as follows: Commenc~ at the. SW comer of said Section 32; thence run S 88049' 39" W along the S line of said Section 32. a distance of i .038.05 feet to a point on the E line of the W 25.00 feel of said Lot 2; thence departing said S line run N OJ 0 17' U" W along s'2.id E line a distance of 599.42 feet for a point of beginning: thence departing said E line run N 250 45' 00" W a distanee of 120.74 feet to a poinl 00 the W line ofthc E 25.00 fect of said Lol 3; thence run N 01 0 1 T 12" W aJ~ng said W line a distance 0(305.58 feet to a point on thc N line of said Lot 3: thence departing SaId W line run S 830 47' 20" E along the N line of said Lot 2 and 3 a distance of 50.43 feet to a point on the E line of thc W 25.00 feet of said Lot 2; thcoce departing said N line run S 010 17' 12" E nlong said E line a distance of 408.90 feet to the point ofbcginning. Containing 17,862 sqlU.J'C fed, more or Icss. ) ) ATTACHMENT B ) ) 0(;i-1B-S~; ii':i'[ G,::(j" n f. (;;{ i'!Ci. f;, 02 Comprehcnsivc Plan Amendment F:!i:r."beth Morse Genius Foundation (i8+/~ Acre City of Winter Springs Site Applicntion }{equest - Amcndment to the City of Winter Springs Comprehensive Plan to change the subject site Future Land Usc Designation from S~minole COUllty A-10 (1 du/l0 acres) to City ofWint~r Springs Low Density Residential (1.1 - 3.5 du/ acre). General Location ~ The amendment site property is located on the west side of SR 417 (Geeneway Expressway). north of State Road 434, east of Spring Avenue and south of Lake Jesup. lntroduction - The subject property was reccntly annexed into the City of Winter Springs from Seminole Counly. This application tor a Comprehensive Plan Amendment is the next step in the ultimate goal of rezoning the property and developing the site \\t}th low density residential. Based upon the proposed developmcnt program the project will consist of an estimated 110 to 120 single family residences. The requested Zoning is R-IA which requires a minimum lot width of75 feet and a minimum lot size of8,000 SF, ) The site is currently utilizeu for citrus with no significunt improvements in place. The site is bounded by the Central Florida Greenway (SR 417) on the east, small lot residential to the north and west and the currently vacant Cassells Trust property to the south. The surrounding land uses, zoning and futurc land use designations are presented on Exhibt · ^' and discussed in greater d~lail below. Land Use Analysis - The subject site is part of an isolated remnant of unincorporated Seminole County slUTounded on 2 sides (east and south) by th~ City of Winter Springs. The property to the east consists of the SR 417 right-of-way which effectively isolates the site on this border. The property to the south is part of the Ca<;~ens Trust PUD. Th~ 250 +/- acre Cassels PUD is designated for Commercial, omce and Multi:family. The lands to the north and \vest arc part of an old subdivision with plotted lots ranging from 50' to 70' wide: and 70' to 160' deep. The land is within unincorporated Seminole County and it is zoned R-I. The section to the north consists of 12 +/- homes on a narrow 300 feet v.~de strip ofland laying between the subject site and Lake Jessup. To the wesl are an additional 30+/- platted Jots, the Highley's Fish Camp (Seminole County Owned) ami Clifton Springs II privately owned <lrtCSLan well site. ~ ~ ~ . " ) The nearby existing residential developments along SR 434 include Jots ranging from 50 to 100' jn width and 100 to 200' in depth. Future commercial development is projected for th~ majority of 'J i ~ 'i ~~ :? GL.i-j3-~8 M0N L~:U8 i- ; il, i 1(;, I'. (J J OJ I the remaining vacant bnu fronting on SR 434. The amendment site is an essence an infiU site with existing low density residentiuJ to the north & wcst, the <lpproved Cassel's pun to the south and SR 417 to the east. Urban services arc available and the proposed land use (low density residential) is a compatible use with the existing and proposed development pattern. Justification of Need - The City of Winter Springs is in the midst of creating the "Greenway lnterchange District' that will incorporate all lands along SR 434 between SR 417 and Tuskawilla. Development ""ithin the Greenway Intcrchange District is oriented towards more intensc uses including Multi-family, Office and Commercial uses. The creation oftrus zoning overlay win effectively eliminate the last remaining development parcels available for Single Family Residential development within the SR 434 corridor on the east side of Winter Springs. Based upon current gro\>.flh projections for Seminole County and The City of Winter Springs thcrc is a significant need for housing within the project site area. The subject site is a viable residential tract conveniently located neClT an existing collector and arterial roadway system. The projects proximity to SR 417 is ~specially important in providing access to the regions overall ) roadway network. The subject properly 1S set buck from SR 434 providing buffering from this roadway, this separation ITom SR 434 is part of the reasons the site is not well suited for Commercial or Office uses. In addition the proposed low density residential would be morc compatible with the established residential uscs to the west and north than office or commercial uses. Residential development on the subject site \....i11 be protected from the future commercial oriented dcvelopment activity to the south (Cassel's POO) by setbacks and butlers required by the City land development code and the Cassel's POO approvals. The proposed amendment is a change in hmd use from Agricultural (1 du/lO acre) to Low Density Residential (1.1 - 3.5 du/ acre), The services required by the proposed development activity ~re currently available and within the capacity of the pro,,'idcrs. Fire Protection - City Fire Station #2 (County designation #26) is within 3 miles of the amendment site, within a 5 minute response time. The project developer will extend City water mains to the development site providing sufficient water supply for fIre suppression. No addition fucilities, equipment or staffing would be anticipated due to this amendment. ) Law Enforcement - The City of Winter Springs currently provides law enforcement services to for properties on 2 sides of the amendment site. The limited addition demands created by the propo$ed project will have minor impacts and no aJJition fdcilities, equipment or staffing would be anticipated due to th.is amendment. i~.:;'i - i b- S~ ) ) ":.1' :'i~)r; t....:. \..;(:. .'" i' (:;/ f'lU. fl. [J Ii Schools - lhc site is within the Sem.inole COlU1t)' School District, the schools that would serve residents of the site arc Lav.10n Elemcntnry on Graham Street in Oviedo or Keeth Elementary on TuskawiUa Road in Winter Springs: Indian Hills Middle Schoo) on Tuskawilla in Winter Springs and Winter Springs High School on TuskawiUa Road or Ovicdo High School on King Street in Oviedo. Ba~edlJpon the llnticipated deyelopment p~ogram of 115 lots (110-120) the projected student population would he approximately 89 students. Elementary - 45 students ivUddlc School- 22 students High School- 22 students Water & Sewer - The project site is within the City of Winter Springs service area. Based upon inlormation supplied by the City the site can be serviced by the East Water & Wastewater Treatment Facility. The City has a 10" water line on the north side of SR 434 at Vistawilla and a 6" force main locatcd just south of SR 434 on Vista\\-illa. The developer will extend \vater up Spring ^ venue to serve the site. The proposed development will include a sanitary lift station with a force main connection to the existing smutllry line on Vista\l,oilla. All service line extensions and connections will be the responsibility of the developcr with no costs borne by the Cit)'. Trnnsponlltion - Access 10 the site is from Spring Avenue a dead end roaa which intersects SR 434, 1500 feet to the south. The interchange with SR 417 (Central Florida Greenway) is Jess than a mile to the east. Tuskawilla Road is approximately 1,5 miles to the west and SR 17/92 is located approximately 7 miles to the west. The proposed development program of 115 lots would create an estimated 1,098 uveruge clail); trips Cadt's). Spring Avenue is clas$ifieu 3S a rural local collector, it is an improved unpaved road serving the 45 +/- homes and a small fish camp located on Lake Jesup. City approvals for development activity on the subject site will require upgrading Spring Avenue to current City standards from SR 434 to the project entrance. SR 419/ 434 is a 4 Jane divided State Road classified 3S a Minor Arterial. Seminole County 1998 traffic counts indicate the road handles 17,154 adt's between Spring Avenue and SR 417 and I S,6 I 7 nut's from Spring ^ venue and Tuskuwilla Road. B<lsed on the 1998 County data SR 434 between SR 417 and Tuskawilla Road is operating at level of service B and has 29,176 trips available. The proposed development activity would provide a potential 6% increase in adt's and utili7,e less than 4% of the availahle trips. The proposed development would be required to pay $102,459 in Transportation Impact Fees to the City of Winter Springs. ''J~ 1- It:5- ~j~ Ij{~: \j:~ :;' ',', . ~ :v. i i (); ilU. r.. lh -J Pjr)(:-> & Hccrcalion - Residential developmenls within the City of Winter Springs are required to set aside 5% of the sites gross acreage as n park! recrcation site. The 68+/- ;)crc subject site developed as low density residential would include a 3.4 acre park site. Based upon preliminary sitc planning the majority oflhe park area would be located between the proposed rC$identiallots and the existing homes located to the north near Lake Jesup. Properf)-' Value - Ad Valorem Taxes The proposed change in land use from agricultural to residential will increase the property value from $75,000 (based On 1998 Seminole County Tax Appraisal Data) to $710,000 (removal of agricultural exemption). At build out the combined Ad Valorem taxes would increDse from $ J ,200 to over $30,000.00 per year. Ad Valorem taxes provide funds for the operating expenses for a number of public services including: police and fire protection) schools, public transportation, libraries, parks and recreation, streets and drainage. These yearly 'property taxes' are in addition to the Impact Fees and Connection Charges listed below. ) Impact Fees & Connection Charges Both the City of Wintcr Springs and Seminole County will impose Impact Fees or connection charges to offset the capital expenses of expanding public services to sery~ the site. Based on the proposed development program of 115 lots an estimated $405,325 in fees will bc collected by the City of Winter Springs. Transportation Fee - $102,459 Water Connection Fee - $64,400 Sanitary Connection Fee - $217,350 Lnw Enforcement Fee - $7,82] Fire Protection Fee - $13,295 ) GCi- j,:;-'SS i;~): l:.:v,J " ;> /1\ iil). I) lie ) LAKE JESSUP ...----...:.:;.:~-::- ,-,,-"-'" ",,~,-'-"'''' tJ" A-l0 f ---.-----. C-1 PUD ... . A-l Q ;) ----~--- L"j~U " >'/ ...' <II -"'-- .-..----.-.-r~1 . I g[1 I r1LL.._ Q -- "-.- ----.. -.--..--- .-:: , ~l q-. ~#1 ():) -) Fl--3A SEMINO E ') CITY OF WINTER SPFUNGS. FLORIDA 1126 EAST STATE ROAO -13-1 WINTER SPRINGS. FLORIOA 32700-2799 Telephone (-107) 327-1000 Communily Developmenl Depl. Planning Division DEVELOPMENT REVIEW COMMITTEE OCTOBER 19, 1999 DEVELOPMENT REVIEW COMMITTEE MINUTES ) l" ) Submitted by: Tania Haas Administrative Secretary Community Development Department ) CITY OF WINTER SPRINGS MINUTES DEVELOI>MENT REVIEW COMMITTEE REGULAR MEETING OCTOBER] 9, ] 999 I. CALL TO ORDER The Development Review Committee meeting was called to order Tuesday, October 19, 1999, at 9:30 a.m. by Chairman Charles Carrington, AICP in the East Conference Room of the Municipal Building (City Hall, 1126 East State Road 434, Winter springs, Florida 32708). . Roll Call Carrington Grimms Cook Jenkins Houck Hall Dallas LeBlanc Tolleson n. REGULAR AGENDA A. Winter Springs Executive Park Pre-Application Meeting, Final Engineering The above referenced final engineering, pre-application meeting for Winter Springs Executive Park. There was discussion between City staff and D. Cathcart and 1. Cathcart who represented the project. Stan Mann ofFDOT made comments also. B. Elizabeth Morse Foundation Property Large Scale Comprehensive Plan Amendment LG-CPA-2-99 Changing the Future Land Use Map (FLUM) Designation from County A-IO "Agriculture" to City FLUM Designation "Lower Density Residential". The Development Review Committee considered the Elizabeth Morse Foundation Property Large Scale Comprehensive Plan Amendment to the Land Use Element, Changing the Future Land Use Map Designation from County R-IO "Agriculture" to "Lower Density Residential". Randy Kirkwood represented Harling Locklin Associates. Staff members present were Carrington, Grimms, Cook, Jenkins, Houck, Hall, Dallas, LeBlanc and Tolleson. j Randy Kirkwood noted the property is located north of S.R. 434 and south of Lake Jessup, west of the beltway and east of Spring Avenue. ) The Chairman noted for the record that the subject property was approved for annexation at the September 27, 1999 Commission mecting and is pending rczoning approval. Houck, LeBlanc, Jenkins, Hall, Dallas and Tolleson had no comments at this time. Grimms discussed the boundary survey that calculated greater acreage from 59.45 to 67.85 acres. Grimms made a motion that the Development Review Committee make the following recommendation to the Local Planning Agency: 1. That the City Commission hold a first (transmittal) public hearing and transmit to the Department of Community Affairs the proposed Large Scale Comprehensive Plan Amendment (LG-CP A-2-99), to change from Future Land Use Map (pLUM) designation R-I0 "Agriculture" (1 DU per 10 acres maximum) to the City's FLUM designation of "Lower Density Residential" (1.1 - 3.5 DU per acre) the Elizabeth Morse Foundation property on the Future Land Use Map of the Comprehensive Plan Use Element (Volume 2 of2); and 2. Hold a second public hearing, after receiving and reviewing the ORC Report, to adopt the plan amendment. ) Tolleson seconded the motion. The chairman called for any discussion. Hearing none, the chairman called for the vote. All were in favor. Motion passed. c. Tuscawilla pun - Parcel 7 and Parcel 8 . Large Scale Comprehensive Plan Amendment LG-CPA-3-99 Changing the Future Land Use Map Designation from "Recreation" to Designation "Lower Density Residential". The Development Review Committee considered the Tuscawilla PUDParcel 7 and Parcel 8 Large Scale Comprehensive Plan Amendment to the Land Use Element, the Future Land Use Map Designation from "Recreation" to "Lower Density Residential". Rob Holland and Steve Loveland represented Tuscawilla Country Clubs Inc. John Howell represented the firm Holland and Knight. Joel Ivey represented Ivey, Harris and Walls, Inc. Staff members present were Carrington, Grimms, Cook, Jenkins, Houck, Hall, Dallas, LeBlanc and Tolleson. Joel Ivey presented a brief overview of the proposed project and stated a commitment to deliver a project consistent with the proposed amendment and also noted his commitment to deliver a product acceptable to the marketplace. Grimms summarized Section IV-Findings located in the memo and staff report attached. ) Houck raised the question how this would impact the tennis court and golf course areas and had staff made a determination if what has been proposed coincides with the development agrcement. Joel Ivey stated af1er a bricf discussion that there would be no impact on the tennis court and golf course arcas. ) Cook sought clarification on casements. Joellvey noted that casements would be maintained. Hall discussed concerns as they relate to Howell Creek and asked if a wetland survey had been performed. Dallas had no comments at this time. Grimms made a motion that the Development Review Committee make the following recommendation to the Local Planning Agency: 1. That the City Commission hold a first (transmittal) public hearing and transmit to the Department of Community Affairs the proposed Large Scale Comprehensive Plan Amendment (LG-CP A-3-99), to change the Future Land Use Map (pLUM) designation "Recreation" to the FLUM designation of "Lower Density Residential" (1.1 - 3.5 DU per acre) the Tuscawilla PUD Parcel 7 and Parcel 8 property on the Future Land Use Map of the Comprehensive Plan Land Use element (Volume 2 of2), and 2. Hold a second public hearing, after receiving and reviewing the ORC Report, to adopt the plan amendment. ) Houck seconded the motion. The chairman called for any discussion. Hearing none, the chairman called for the vote. All in favor except LeBlanc. Motion passed. LeBlanc began discussing inclusion of additional language to motion as passed. Houck added that he agreed with LeBlanc's suggestion for additional language. LeBlanc requested the chairman to entertain a second motion modifying the motion as voted. The chairman accepted the request, but remarked that there must be a motion to amend a previously adopted motion. LeBlanc stated "so moved"; seconded by Houck. LeBlanc stated the he makes the following motion: That the development conform to the existing Development Agreement and that any development meets all the current regulations ofthe City. Houck seconded the motion. The chairman hearing no further discussion called for the vote. Motion passed unanimously. D. Town Center Large Scale Comprehensive Plan Amendment LG-CPA-1-99 Creating a New Designation "Town Center". The Development Review Committee considered the Large Scale Comprehensive Plan Amendment to the Land Use Element, creating a new designation 'Town Center" to the Future Land Use Map. Staff members present were Carrington, Grimms, Cook, Jenkins, I-louck, Hall, Dallas, LeBlanc and Tolleson. ) Chairman Carrington briefly discussed the proposed project's history and informed staff the third reading of Ordinance 707 dealing with the Town Center District boundary and (Zoning) Code was scheduled for the October 25, 1999 Commission meeting. ') ,) ) Grirnms discussed the current status of the Town Center Large Scale Comprehensive Plan Amendment. (memo and staff report attached) LeBlanc, Cook, Jenkins, Dallas, Tolleson, Hall had no comments at this time. Grimms made the motion that the Town Center Large Scale Comprehensive Plan Amendment be forwarded to the City's Local Planning Agency. Grimms noted the suggested DRC recommendations to the LPA (attached). All voted aye. There was much discussion on staff's preference of obtaining legal advice from the City Attorney upon submittal of site plans that are contrary to the adopted guidelines. m. FUTURE AGENDA ITEMS (None) IV. ADJO~NT Hearing no further business, the Chairman adjourned the meeting at 10:47 a.m. ATTACHMENT C ) ) / ') MINUTES OF OCTOBER 6, 1999 LOCAL PLANNING AGENCY MEETING - ) ) ) CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LP A REGULAR MEETING OCTOBER 6, 1999 1. CALL TO ORDER The Planning And Zoning BoardlLPA Regular Meeting was called to order Wednesday, October 6, 1999, at 7:00 p.m. by Chairman Carl Stephens, Jr., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Carl Stephens, Jr., Chairman, present Marc Clinch, Vice Chairman, present Tom Brown, present Bill Fernandez, present Rosanne Karr, present ) Also Present Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator Approval Of the September 1, 1999 Planning And Zoning B03rdILocal Planning Agency Meeting Minutes MOTION BY BOARD MEMBER TOM BROWN. "1 MOVE TO APPROVE THE MINUTES OF SEPTEMBER 1,1999 REGULAR MEETING". SECONDED BY BOARD MEMBER FERNANDEZ. "I'LL SECOND THAT MOTION WITH A CORRECTION, ON THE FOURTH PAGE, SECOND PARAGRAPH, THE WORD 'YEA' SHOULD BE 'YES"'. THE BOARD AGREED TO THE MOTION BY CONSENSUS. MOTION CARRIED. II. REGULAR AGENDA A. Elizabeth Morse Foundation Rezoning [ REZ-4-99 ] ) Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator explained to the Board that the applicant, Harling Locklin Associates, is requesting a change of Zoning Map designation from County A-I "Agriculture" to the City's R-IA "One Family Dwelling District". The purpose is to develop the property as a single-family residential subdivision. Mr. Grimms further explained the justification for rezoning; nuisance potential of proposed rezoning to surrounding land uses; and Staff findings. He stated "Based on the Staff Report and the findings, Staff recommends the Planning and Zoning .') CITY OF WJNTEI~ SPRINGS MINUTES Pl.ANNING AND l,ONING BOA'W/U'A REGUl.AR MEETING - OCTOllER 6, 1999 PO!;C 2 of 4 Board make the following recommendation to the City Commission: That the City Commission approve the proposed change of zoning from County A-l 0 "Agriculture" (l DU/lO acres maximum) to City's R-IA Zoning District (8,000 sq. ft. minimum lot size) contingent upon the applicant receiving approval for their proposed large scale comprehensive plan amendment change from county R-IO "Rural" Future Land Use Map designation to the City's "Lower Density Residential" (1.1-3.5 DU/acre) Future Land Use Map designation." Discussion followed regarding the location of the property; the boundaries; the lot widths; and the lot widths of other neighboring properties. Board Member Fernandez questioned Mr. Grimms regarding annexations coming before the Planning and Zoning Board. Mr. Grimms explained why they do not, and Board Member Fernandez, for the record, voiced his displeasure in that decision. The Board continued their discussion regarding Spring A venue; conservation areas; the orange grove; traffic concerns; the engineering plans of the subdivision; and the Greene Way Interchange Zoning District. ) Randy Kirkwood, Harling Locklin Associates: informed the Board that he is employed by the Property Owner, Duncan Bowman, and offered to answer any questions the Board might have. Discussion ensued regarding archaeological studies; where children would attend school; the county enclave; the property being 59.45 acres; the wetlands; drainage; if the County neighbors were notified of the intention to develop; the number of homes in the proposed development; and the density of neighboring areas. MOTION BY BOARD MEMBER BROWN. "I'D LIKE TO MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION TO APPROVE THE PROPOSED CHANGING ZONE FROM COUNTY A-I "AGRICULTURE" (1 DU/IO ACRES MAXIMUM) TO THE CITY'S R-IA ZONING DISTRICT (8,000 SQUARE FEET MINIMUM' LOT SIZES) CONTINGENT UPON THE APPLICANT RECEIVING APPROVAL FOR THEIR PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CHANGE FROM COUNTY R-IO "RURAL" FUTURE LAND USE MAP DESIGNATION TO THE CITY'S "LOWER DENSITY RESIDENTIAL" (1.1-3.5 DU/ACRE) FUTURE LAND USE MAP DESIGNATION." ) SECONDED BY BOARD MEMBER FERNANDEZ. "FOR DISCUSSION PURPOSES I'LL GO AHEAD AND SECOND THAT CONTINGENT ON SPECIFIC FINDINGS AS OUTLINED IN THE STAFF REPORT IN FRONT OF '\ ) ) CITY OF WIN'lTlt SPltlNGS I'vllNIJTES PLANNING ,\ND I_ONIN(; 1l0A!W/U',\ ItEGUI.^lt MEETING - OCrollER 6,1999 I'~!;C 3 of <1 US UNDER ROMAN NUMERAL HEADING THREE, FOUR SPECIFIC FINDINGS AS OTHERWISE THIS BOARD WOULD BE CRITICIZED FOR NOT HAVING MADE SPECIFIC FINDINGS OF FACT AND CONCLUSIONS OF LAW TO SUPPORT OUR RECOMMENDATIONS AND ASK A QUESTION AT THIS POINT. AS IF WHETHER OR NOT THE APPLICANT WOULD FIND IT NOT ECONOMICALLY FEASIBLE TO DEVELOP THIS PROPERTY, NOW THAT IT IS ON THE TABLE AT A HIGHER DENSITY, I WANT TO GET LESS HOMES OUT THERE FOR SMALL ROADS, SCHOOL BUSES AND EVERYTHING ELSE. I DON'T KNOW WHETHER THAT IS Rl-AA OR Rl- AAA OR WHATEVER, BUT IS IT ECONOMICALLY FEASIBLE TO DEVELOP THIS PROPERTY WITH LESS THAN 120 HOMES OUT THERE". DISCUSSION. VOTE: CARL STEPHENS, JR.: NAY; MARC CLINCH: AYE; TOM BROWN: AYE; BILL FERNANDEZ: NAY; ROSANNE KARR: NAY. MOTION DID NOT CARRY. MOTION BY BOARD MEMBER FERNANDEZ. "I'LL PUT A MOTION ON THE FLOOR, THAT WE RECOMMEND, WHAT'S THE NEXT LEVEL UP FROM R-1 ?". MR. GRIMMS REPLIED, "R-lAA". BOARD MEMBER FERNANDEZ CONTINUED. "I'LL RECOMMEND, THAT WE RECOMMEND TO THE CITY COUNCIL BASED ON THE FINDINGS OF ROMAN NUMERAL THREE OF THE STAFF REPORT, THAT THE CITY COMMISSION APPROVKPROPOSED ZONING CHANGE FROM COUNTY A- 10 "AGRICULTURE" (1 DU/10 ACRES MAXIMUM) TO THE CITY'S R-lAA ZONING (10,000 SQUARE FEET MINIMUM LOT SIZE), NINETY (90) WIDTH, CONTINGENT UPON THE APPLICANT RECEIVING APPROV AL FOR THEIR PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CHANGE FROM COUNTY R-IO "RURAL" FUTURE LAND USE MAP DESIGNATION TO THE CITY'S "LOWER DENSITY RESIDENTIAL" (1.1-3.5 DU/ACRE) FUTURE LAND USE MAP DESIGNATION". BOARD MEMBER ROSANNE KARR SECONDED. DISCUSSION. VOTE: MARC CLINCH: AYE; TOM BROWN: AYE; BILL FERNANDEZ: AYE; ROSANNE KARR: AYE; CARL STEPHENS, JR.: A YEj MOTION CARRIED. III. FUTURE AGENDA ITEMS Discussion ensued regarding if invitations were extended to the City Attorney and Ms. Jimette S. Cook, Code Enforcement Officer to come and speak to the Board; By-laws; fluoridation of the City water, updating the Topic Index; maintaining the Topic Index; the Land Development Regulations; the 481h AIU1Ual Florida Planning and Zoning Conference at Daytona Beach; the State moving towards giving the Local Planning and Zoning Agencies more authority; the Evaluation Appraisal Report (E.A,R); the deadline to adopt ') ) ) CITY OF WINTEH SPIUNGS MINUTES I'LANNING ANI} ZONING 1l0AHD/U'A ItEGULAIt MEETING - OCTOBEIt 6. 1999 Page <\ of <\ the School Collocation Large Scale Comprehensive Report; getting copies of maps to the Board; the paving of Citrus Road; and bridle easements. IV. ADJOURNMENT By consensus of the Board, the meeting was adjourned at 8: 1 0 p.m. Note: Due to technical difficulties a portion of the meeting is not available: Minutes respectfully submitted by: Debbie Gillespie, City Clerk's Office City of Winter Springs, Florida APPROVED: CARL STEPHENS, JR., CHAIRMAN PLANNING and ZONING BOARDILP A NOTE: These minutes were approved at the ,1999 Planning And Zoning BoardlLPA Meeting. DOCSlboardslpl anning!alllminulesll 00699 .doc ') MINUTES OF NOVEMBER 3, 1999 LOCAL PLANNING AGENCY MEETING ) ) CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LP A REGULAR MEETING NOVEMBER 3, 1999 I. CALL TO ORDER The Planning And Zoning BoardILPA Regular Meeting was called to order Wednesday, November 3, 1999, at 7:00 p.m. by Chairman Carl Stephens, Jr., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Carl Stephens, Jr., Chairman, present Marc Clinch, Vice Chairman, present Tom Brown, absent Bill Fernandez, present Rosanne Karr, arrived at 7:08 p.m. . .) Also Present Charles Carrington, AICP, Community Development Department, Director Thomas Grimms, AlCP, Comprehensive Planning/Zoning Coordinator Anthony A. Garganese, City Attorney Approval Of the October 6, 1999 Planning And Zoning BoardILocal Planning Agency Meeting Minutes The Board discussed changing the word "width" (page two, second paragraph) to "depths" so the paragraph would read as: "Discussion followed regarding the location of the property; the boundaries; the lot widths; and the lot depths of other neighboring properties. " MOTION BY BOARD MEMBER BILL FERNANDEZ. "I MOVE TO APPROVE THE MINU'J;ES OF OCTOBER 6, 1999 REGULAR MEETING WITH THE CORRECTION DISCUSSED". SECONDED BY BOARD MEMBER MARC CLINCH. THE BOARD AGREED TO THE MOTION BY CONSENSUS. MOTION CARRIED. II. REGULAR AGENDA ,) Mr. Thomas Grimms, AlCP, Comprehensive Planning/Zoning Coordinator introduced the Board to the new City Attorney, Anthony A. Garganese. The Board welcomed ') CITY OF \VINTI:j( SI'((INLS ;"IINIJ"iTS PLANNING AND Z.ONING 1I0,\HD/I.I'A I~E(;lJLAJ( MEETING - NOvEMnF.l~.1, I')')') I'a!;c 2 or X Attorney Garganese to the meeting and requested that in the future the by-laws be reviewed with the City Attorney present. A. Discussion with Charles Carrington, AICP Community Development Director Mr. Charles Carrington, Community Development Department Director introduced himself to the Board and spoke of the importance of the Planning and Zoning Board; of the many "functions" of Planning and Zoning; the "strategy" of annexation; and a joint meeting of the City Commission and the Planning and Zoning Board in the future. Board Member Rosanne Karr arrived at 7:08 p.m. Discussion followed regarding annexations; the Board being informed of pending issues; and Staff keeping the Board informed of any annexations in the future. B. Tuscawilla PUD Parcel 7 and Parcel 8 Large Scale Comprehensive Plan Amendment ) Mr. GrimIns stated that the applicant, Tuskawilla Investors, Inc. is applying for a change of Future Land Use Map designation from "Recreation" to "Lower Density Residential" (1.1 - 3.5 DU per acre). He read the findings from Agenda Item II. B., and the Development Review Committee (DRe) recommendation to the .Local Planning Agency (LPA). The Board discussed the Development Review Committee's meeting of October 19, 1999; the Second Amendment to the Mikes Settlement Agreement; and that any changes regarding the Future Land Use Map should come before the Board for some kind of recommendation. Chairman Stephens asked if anyone would like to speak from the audience. John Howell, Hol/and & Knight Law Firm, Orlando, Florida: advised the Board that he represents the ,applicant. He then introduced Steve Loveland and Rob Holland, Marsh Land Development Company; and Joel Ivey, Ivey, Harrison and Wahl. Discussion ensued that James Mikes is not involved in this project; that the tennis courts and swimming pool will not be removed: the background of the parcels since 1971; and that the applicant will return with a proposal in the future. Discussion ensued regarding the property boundaries; the golf course; that there are no drawings or plans for the parcels at this time; the creek; that the entrance would be within the legal description; and traffic. ) CITY 01: WI~nu( SI'IUN(;S MINUTES I'LM'iNINC ANI) I'.ONING BOAIW/U'A IO'GUI.AI( MEI,TIN(; - NOVI.:MIJFR J. 199') Pogc J of H Joe DeMinico, 985 Troon Trace, Winter Springs, Florida: asked what impact this would cause to the golf course; creek drainage; and diminishing the conservation area and the golf course. Dan Dyche, 846 Bentley Green Circle, Winter Springs, Florida: spoke of his concern that the green area in the community "can just be given away"; and asked if there is a specific plan for the parcels. Mr. Dyche also spoke about the driving range and St. Johns River Water Management District. Jim Pitts, 904 Augusta National Boulevard, Winter Springs, Florida: asked if this a "done deal". Terry Scarlata, 1006 Nancy Circle, Winter Springs, Florida: spoke of her concern with downstream flooding; that the elevation map was done numerous years ago; asked if a high water mark was ever determined; and inquired about the flood zone plan. Tape I/Side B Iris Mennens, 4551 Creekside Circle, Winter Springs, Florida: asked that the developer keep the trees and the beauty of the land. ) Mr. Grimms spoke of the Arbor Ordinance; the commitment of the City to protect the trees; that the developer must conform to the City's regulations; the court agreement; many surrounding developments were at higher density than Parcel 7 and Parcel 8; and that the citizens should "have confidence" in the City Regulations. Rolf Utegaard, 797 Austin Court, Winter Springs, Florida: spoke of being on the Tuscawilla Task Force; Settlement Agreements; and of "past promises." Al Partington, 1456 Mt. Laurel Drive, Winter Springs, Florida: spoke of being a member of the Tuscawilla Task Force; the possibility of losing the lighting of the tennis courts; and the golf practice facility. John Howell explained that the applicant will not eliminate any of the amenities that presently exist; the parcels combined will have a total of sixty-five (65) single family units; that many upgrades have already been completed; and that community meetings will be held. Mr. Grimms explained that the applicant is requesting a change of Future Land Use Map designation from "Recreation" to "Lower Density Residential" (1.1 - 3.5 DU per acre). ) In light of the comments made before the Board, discussion ensued between the Board and the City Attorney regarding the validity and enforceability of the Second Amendment ) CITY or WINTI:I< :-;I'IUN(;S M INIHI'S I'LANNING ANI> /.ONINC 1l0AIU)/I,I',\ IU,GlJl.^I( MEETING - NOVI:MIlEH J. 1')')<) 1'01;C .1 of H to the Settlement Agreement and the court's jurisdiction to enforce any provision of the settlement agreement. MOTION BY BOARD MEMBER FERNANDEZ. "MR. CHAIR, I WILL RECOMMEND THAT-LET ME FIND WHAT THEIR FINDINGS AND RECOMMENDATIONS WERE-AND RATHER THAN GO THROUGH THE ENTIRE SET OF ROMAN NUMERAL FOUR FINDINGS, SUFFICE IT TO SAY, ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN SPECIFIC BULLET POINT FINDINGS AS WELL AS THE ONE THAT YOU INDICATED MR. CHAIR TO WIT THAT THE DEVELOPMENT CONFORM TO THE- EXISTING DEVELOPMENT AGREEMENT THAT ANY DEVELOPMENT MEETS ALL THE CURRENT REGULATIONS OF THE CITY, I WOULD RECOMMEND THAT THE CITY COMMISSION TRANSMIT TO THE DEPARTMENT OF COMMUNITY AFFAIRS, THAT THE CERTAIN LARGE SCALE COMPREHENSIVE PLAN AMENDMENT LG-CP A-3-99 DEALING WITH THE TUSCA WILLA PARCEL SEVEN AND EIGHT". BOARD MEMBER FERNANDEZ CONTINUED, "THEN I WILL ADD TO THE MOTION THAT THE CITY COMMISSION THEN SCHEDULE AN APPROPRIATE SECOND PUBLIC HEARING TO ADOPT THE PLANNED AMENDMENT AFTER RECEIVING THE ORC REPORT (OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT) FROM THE DEPARTMENT OF COMMUNITY AFFAIRS". Chairman Stephens passed the gavel to Vice Chairman Marc Clinch. SECONDED BY BOARD MEMBER CARL STEPHENS. DISCUSSION. VOTE: MARK CLINCH: NAY; BILL FERNANDEZ: AYE; ROSANNE KARR: NAY; CARL STEPHENS: NAY. MOTION DID NOT CARRY. Discussion followed regarding the procedures of the Planning and Zoning Board recommendations being forwarded to the City Commission; public attendance at the December 13, 1999 City Commission Regular Meeting; and other motion(s). Vice Chairman Clinch passed the gavel to Chairman Stephens. MOTION BY VICE CHAIRMAN CLINCH. "I MAKE A MOTION TO NOT RECOMMEND THAT THE CITY COMMISSION FORWARD THIS PLAN TO DCA (DEPARTMENT OF COMMUNITY AFFAIRS)." BOARD MEMBER CLINCH CONTINUED, "AND ALSO NOT TO ADOPT THIS PLAN". BOARD MEMBER ROSEANNE KARR SECONDED. DISCUSSION. ) \ <:ITY OF WIN'J'U< SI'IUNC;S MINlnl}; I'I.,\NNIN(; ANIl/,ONIN(; HIMHI)/I.I'^ IU~C;UI.^1{ MEETING - NOVEMUU< J, I')<)'} I'"~C 5 of 11 VOTE: BILL FERNANDEZ: NAY; ROSANNE KARR: AYE; STEPHENS: AYE; MARK CLINCH: AYE. MOTION CARRIED. CARL C. Elizabeth Morse Foundation Rezoning ( REZ-4-99 ) Large Scale Comprehensive Plan Amendment Mr. Grimms stated that the applicant is requesting a change of Future Land Use Map designation from County R-lO "Agriculture" (1 DU per 10 acres maximum) to the City's "Lower Density Residential" (1.1-3.5 DU per acre); the purpose; the findings; and the DRC's (Development Review Committee) recommendation. The Board discussed the background of the present request of the applicant; the site location and boundaries; neighboring developments; and the drainage. Randy Kirkwood, Harling Lock/in Associates; spoke of his company being the Planner and Engineer for the project; the drainage culvert; the land recently being surveyed; and the site compatibility. ' ) The discussion continued regarding a possible request for R-l A zoning; the price of the homes; and if the Board's recommendation would be submitted with the Board's prior recommendation. Janine Bal!, 1914 Springs Avenue, Winter Springs, Florida: spoke of her concern of the lot widths in regards to the size of the home. MOTION BY BOARD MEMBER FERNANDEZ. "BASED ON THE FINDINGS UNDER, ROMAN NUMERAL FOUR, THE ONE, TWO, THREE, FOUR BULLETS THAT ARE CONTAINED THEREIN, I WILL MAKE A MOTION TO THE CITY COMMISSION THAT THEY HOLD A FIRST TRANSMITTAL PUBLIC HEARING AND TRANSMIT TO THE DEPARTMENT OF COMMUNITY AFFAIRS, THE PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENT, LG-CP A-2-99 TO CHANGE FROM COUNTY FUTURE LAND USE MAP (FLUM) DESIGNATION R-I0 "AGRICULTURE" (1 DU PER 10 ACRES MAXIMUM) TO THE CITY'S FUTURE LAND USE MAP DESIGNATION OF "LOWER DENSITY RESIDENTIAL" (1.1-3.5 DU PER ACRE) FOR THE ELIZABETH MORSE FOUNDATION PROPERTY ON THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN LAND USE ELEMENT VOLUME TWO OF TWO, AND FURTHER TO HOLD A SECOND PUBLIC HEARING AFTER RECEIVING THE ORC (OBJECTIONS, RECOMMENDATIONS AND COMMENTS) REPORT FROM THE DEPARTMENT OF COMMUNITY AFFAIRS TO ADOPT THE PLAN AMENDMENT." ) ) erry OJ' WINTI:/( SI'I(/N(;S MINIJTI,S I'LANNINC AND /,ONINC Il(MIlD/LI'A I~EGULA/( MITTING - NOVI:MDEI\ 3, I')')') 1'~[;c(,ofR MOTION BY CHAIRMAN STEPHENS. "CAN I AMEND THAT TO ALSO INCLUDE IN THAT MOTION OUR RECOMMENDATION FROM THE OCTOBER 6TII MEETING TO ACCOMPANY THAT MOTION." MOTION BY BOARD MEMBER FERNANDEZ. "SO MOVED." BOARD MEMBER ROSANNE KARR SECONDED. DISCUSSION. VOTE: BILL FERNANDEZ: AYE; ROSANNE KARR: AYE; CARL STEPHENS: AYE; MARK CLINCH: AYE. MOTION CARRIED. D. Town Center Large Scale Comprehensive Plan Amendment Mr. Grimms stated that the "City intends to carry out the mandated Policy 3)c under Objective A of Goal 1 of the Traffic Circulation Element"; spoke of the findings; and the suggested DRC recommendation to the LP A. Discussion ensued regarding the property boundaries; the pending agreement with the Schrimsher property; the Cross Seminole" Trail; the traffic from the high school; the Future Land Use Map Amendment; the goals, and policies and objectives of the Town Center. ) Tape 21Side A MOTION BY,BOARD MEMBER CLINCH. "I'D LIKE TO MAKE A MOTION THAT THIS BODY RECOMMEND TO THE CITY COMMISSION TO APPROVE THE PROPOSED CHANGE ZONE FUTURE LAND USE MAP DESIGNATION FROM "MIXED USE", "COMMERCIAL", "RUSTIC RESIDENTIAL", "CONSERVATION", "RECREATIONAL", AND "PUBLIC BUILDINGS" TO TOWN CENTER DISTRICT." BOARD MEMBER KARR SECONDED. BOARD MEMBER CLINCH AMENDED THIS MOTION BY ADDING, "AMEND MY MOTION TO INCLUDE ALSO A RECOMMENDATION TO HOLD A SECOND PUBLIC HEARING, AFTER RECEIVING AND REVIEWING THE ORC (OBJECTIONS RECOMMENDATIONS AND COMMENTS) REPORT, TO ADOPT THE PLAN, LG-CPA-1-99." BOARD MEMBER KARR SECONDED THE AMENDMENT. DISCUSSION. VOTE: ROSANNE KARR: AYE; CARL STEPHENS: AYE; MARK CLINCH: AYE; BILL FERNANDEZ: AYE. MOTION CARRIED. ) '\ CITY OF WINITI( SI'J<JN(;S MINI)T1:S PLANNING AND i'.ONINC 1l0AHD/I.I'" REC.ULAR MEETING - NOVF.MIlI:I( J. I')')') l'aJ;c7o(X E. Lamoureux PI-opel-!)' Small Scale Comprehensive Plan Amendment Mr. Grimms read for the record a letter addressed to Chairman Stephens from the City of Oviedo (Attachment "A"). Mr. Grimms spoke to the Board on various issues regarding the letter. The Board discussed the BattIeridge Agreement; the applicant's request; what land use designations are surrounding the Lamoureux property; that site plans and detailed engineering drawings will be provided in the development review; neighboring commercial properties; "C-I" categories; Winter Springs Executive Park; and the possibility of a developer's agreement. MOTION BY BOARD MEMBER FERNANDEZ. "BASED ON THE INFORMATION PROVIDED AND THE FINDINGS AS INUMERATED UNDER ROMAN NUMERAL THREE, THE SEVEN DIFFERENT FINDINGS THERE, I'LL RECOMMEND THAT THE CITY COMMISSION APPROVE A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT CHANGING (FLUM) THE FUTURE LAND USE MAP DESIGNATION OF THE 2.5 ACRE LAMOUREUX PROPERTY FROM COUNTY SUBURBAN ESTATES (1 DU PER ACRE) TO COMMERCIAL BASED ON THAT THE OWNER AGREE TO ENTER INTO A DEVELOPERS AGREEMENT WITH THE CITY OF WINTER SPRINGS TO DEVELOP THIS PROPERTY AND COMPLY WITH ALL OF THE REQUIREMENTS OF THE 434 CORRlDOR PLAN". AMENDMENT TO THE MOTION BY BOARD MEMBER CLINCH. "I'D LIKE TO AMEND THAT MOTION, AND TO BE CONSISTENT WITH THE BATTLERIDGE AGREEMENT, DATED JANUARY 26,1999." DISCUSSION. BOARD MEMBER FERNANDEZ ASKED BOARD MEMBER CLINCH, "ARE YOU TRYING TO LIMIT IT, MARK, TO WHAT'S MENTIONED IN THIS- WHAT IS HE, MAYOR-CHAIRMAN, A AND B POINTS DEALING WITH THE SIZING OF THE TRUNK LINES SUFFICIENT ONLY TO PROVIDE WATER AND SEWER TO THE .BATTLERIDGE PROPERTY AND NO OTHER SURROUNDING PROPERTIES"? BOARD MEMBER CLINCH RESPONDED, "YES, THAT'S WHAT I'M TRYING TO ACHIEVE THERE". SECONDED BY BOARD MEMBER CLINCH. ) VOTE (ON THE MOTION): CARL STEPHENS: AYE; MARK CLINCH: AYE; BILL FERNANDEZ: AYE. (BOARD MEMBER KARR DID NOT VOTE). MOTION CARRIED. ) ) ) C1ry or WINTEH SI'IUN(j's M INlnES 1'1.,\1'11'111'1(; ,\NIl /'.ONING BOA!tD/U'A HU;UI.AJ{ MEETING - NOVEMBER 3. I'J'J'J Pace 8 of 8 III. FUTURE AGENDA ITEMS · By-Laws Discussion followed regarding passing the gavel; voting conflicts; and financial gains or losses. IV. ADJOURNMENT By consensus of the Board, the meeting was adjourned at 10:05 p.m. Minutes respectfully submitted by: Debbie Gillespie, City Clerk's Office City oj Winter Springs, Florida APPROVED: CARL STEPHENS, JR, CHAIRMAN PLANNING and ZONING BOARDILP A NOTE: These minutes were approved at the . 1999 Planning And Zoning Board/LPA Meeting. DOCSlboards/planninglall/minulesll10399.doc