Loading...
HomeMy WebLinkAbout2006 01 23 Public Hearing Item 203 Multiple Family in C-1 CITY COMMISSION AGENDA ITEM 203 Public Hearing X January 23.2005 Meeting Mgr. / Dept Authorization REQUEST: The Community Development Department presents a request for a conditional use to allow multiple family dwellings in the C-1 (Neighborhood Commercial) zoning district, pursuant to Section 20-234 of the Zoning Chapter of the City Code of Ordinances. PURPOSE: The purpose of this agenda item is to consider a request by John Bullock of KAI Properties LLC, the applicant, to allow multiple-family residential (town home) units as a conditional use in the C-1 (Neighborhood Commercial) zoning district. The subject property is on the south side of SR 434, just west of SR 419 and across from the vacant Eckerd site. APPLICABLE CODE: Sec. 20-234. Conditional Uses. (5) Multiple-family residential with a maximum allowable density no greater than that allowed under a Medium Density Residential future land use designation and with at least two (2) parking spaces for each unit provided within an enclosed garage; Sec. 20-33. Procedures. (a) Any real property owner may file a conditional use application requesting a conditional use of their real property providing the conditional use is listed in the applicable zoning district category. (b) The board of adjustment shall be required to review all conditional use applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable conditional use criteria set forth in this section. (c) Upon receipt of the board of adjustment's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the board of adjustment has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the board of adjustment's recommendation. (d) All conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable. (Criteria is included below under "Findings"). CHRONOLOGY: January 23, 2005 Public Hearing Item 203 Page 2 Apr. 17,2005 Pre-Application Meeting during Staff Review Oct. 20, 2005 Conditional Use Application Received Nov 2,2005 Planning Staff Review Dec. 1, 2005 BOA Recommended Approval Dec. 12, 2005 City Commission tabled the item CONSIDERATIONS: The approximately 1.7 acre undeveloped site has C-l zoning, a Commercial Future Land Use (FLU) designation, and is located within the SR 434 New Development Overlay Zoning District. Multiple-family residential is allowed as a Conditional Use. If granted, the conditional use would allow up to a maximum of 9.0 dwelling units per acre. The site abuts undeveloped properties to the east and west with C-l zoning. Across (on the north side) ofSR 434 is the former Eckerd site. To the south is the unimproved Celery Avenue right- of-way and vacant property that has a Low Density Residential Future Land Use and RC-l zonmg. The applicant has submitted a conceptual plan that illustrates his intentions for the site. The plans depict 15 townhouse units with rear-loaded, two-car garages, a new public roadway connecting to the currently unimproved Celery Avenue ROW, and an underground stormwater system. Public roadways are not typically designed with underground stormwater facilities and the Public Works Director has stated that the underground system must be moved outside of the public ROW (there appears to be room at the north and south ends of the site to accommodate the volume of stormwater). The subdivision would probably require a development agreement (concurrent with the actual subdivision plans) to address the on-street parking (Sec. 12-65), building and vehicle accommodation area setbacks (Sec. 20-465), and underground stormwater facilities and their maintenance (Sec. 9-241 & 9-242). Underground stormwater facilities are more expensive and typically require more maintenance than standard ponds and swales. These underground facilities would be owned and maintained by the developer and passed on to the homeowners' association - the City will not own or maintain them. At its December 12, 2005, meeting, the City Commission asked of the ownership and directed further investigation of several of the conditional use criteria. The applicant supplied a copy of the Warranty deed (dated April 8, 2005) which was erroneously recorded by the title company in Volusia County on April 18, 2005, at 4:26 PM (ORB 5534, Page 1456). The Commission specifically directed staff to address (1) individual access (for each parcel along this portion of the south side of SR 434) to SR 434, (2) extending Celery Avenue through to Hayes Road, (3) piecemeal development of this area, and (4) the long term economics of converting commercially designated property to residential. The development potential of the undeveloped properties along this segment of the south side of SR 434 appears limited by large wetland areas depicted on the attached color maps in a light green color. The 2.5 acre parcel immediately to the east appears to be uplands. Behind the FDOT pond, approximately 1.25 acres appears to be upland. The parcel immediately west of the site appears to have about 0.9 acre of uplands; the next parcel to the west, the one immediately January 23, 2005 Public Hearing Item 203 Page 3 east of the Bell South site, appears to have about 1 acre of uplands. All of these properties have a commercial FLU designation and C-1 zoning. This appears to total about 7 to 7.5 acres of uplands. Typically, about 11,000 S.F. of commercial/office development per upland acre is achieveable (maximum of about 82,500 S.F. commercial/office). Immediately south of the unimproved Celery Avenue, there is an approximately 21.5 acre parcel, of which there appear to be about 6 upland acres that could have access through the KAI site and its improvements to the adjacent segment of Celery Avenue. This property has a Low Density Residential FLU designation (maximum of 3.5 D.D. per acre) and RC-I zoning (maximum 1 D.D. per acre), limiting it to development of 1 acre or larger lots. Typically, between 25 and 30 percent of a "raw" site must be devoted to roads and stormwater facilities in order to develop it as single family residential. This would net about 4 upland lots with the current zoning and additional lots if it were rezoned to either R-1AA (10,000 S.F. minimum lot size) or R-1A (8,000 S.F. minimum lot size). The property abuts North Orlando Ranches Section 8, to the south (which has R-1A zoning). Four of the five commercial properties described above would be eligible for curb-cuts onto SR 434, although the City would require cross-access easements to help minimize the impact of trips to neighboring sites on the SR 434 arterial highway. Access to the Spears site (behind the FDOT pond and the residential property south of the Celery Avenue ROW are contingent upon the applicant's connection to and improvement of the adjacent segment of Celery Avenue. The ability to construct the Celery Avenue ROW from the adjacent the applicants site to either Hayes Road (to the west) or to Shore Road (to the east) appears inhibited by the considerable wetlands, particularly to the west. This involves both the cost of mitigation and the cost of road construction through wet soils, both of which can be substantial. Traffic generation rates vary with the type of development. The Institute of Traffic Engineers (Trip Generation, 6th Edition) states that detached single family residential housing (ITE # 210) generates 9.57 average daily trips (a trip is a single or one-direction vehicle movement with either the origin or the destination - exiting or entering). Town house (ITE # 230) development generates 5.86 average daily trips. General office (ITE # 710) generates 11.01 average daily trips, in contrast to medical-dental office (ITE # 720), which generates 36.13 average daily trips. Shopping centers (ITE # 820), which typically include a mix of office, retail, and restaurant uses, and can contain considerable size and intensity variations, generate 42.94 average daily trips. Shopping center trips vary widely by month, day, and time of day. If the commercial site were developed as 82,500 S.F. of shopping center, it could generate 3,543 average daily trips (general office - 908 trips; medical-dental office - 2,981 trips). Fifteen town homes would generate 88 average daily trips (14 units - 82 trips; 13 units - 76). The 4 detached single family residential units would generate 38 average daily trips. By agreeing to provide a public roadway connection to and constructing an adjacent segment of the Celery Avenue ROW, the applicant has demonstrated that he is acting in concert with the adjacent properties to allow reasonable development of otherwise difficult to develop properties to the south and east. Staff has been contacted about town home development on the 2.5 acres January 23,2005 Public Hearing Item 203 Page 4 immediately east of the subject property. Cross access easements are required along SR 434, to limit use of the arterial road for trips to adjacent and neighboring sites (although the 3 other lots abutting SR 434 would likely be allowed to have curb-cuts). Seminole County has estimated that a sales price of $190,000 is the breakeven point for taxes collected to services provided for residential properties. The applicant estimates that his units will range from 1,800 to 2,000 S.F. each and will be priced at about $180 per S.F. ($324,000 to $360,000, respectively). FINDINGS: Pursuant to Section 20-33(d) of the City Code, "all conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: (1) Whether the applicant has demonstrated the conditional use, including its proposed scale and intensity, traffic- generated characteristics, and off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity." The proposed multi-family use, scale and intensity, at this location, is compatible with the surrounding area and will not adversely affect land use activities in the vicinity since the adjacent parcels are vacant. During the staff review process, every effort will be made to coordinate the site design of the subject parcel to allow integration with future development on the parcels to the south and east. Site elevations and the use of retaining walls will be a major consideration in any multi-site development scenarios. (b) "Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use." The applicant is proposing townhouses that face onto an internal public street. Garages are rear- loaded and are proposed to be accessed from an internal alley. The proposed vehicular circulation would connect SR 434 with an undeveloped, platted right-of-way known as Celery Avenue, and will allow access and development of the property to the south. The applicant would develop his portion of this right-of-way to City standards. The Applicant is proposing on- street parking. This would need to be addressed in a development agreement. The applicant has demonstrated his willingness to work with the City and will provide buffers, if required. (c) "Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values." Staff believes that this proposed use with vehicular interconnectivity to the adjacent properties, will allow the adjacent property to the south and east to develop. Staffwill work with the applicant and adjacent property owners to integrate the overall site design to the greatest extent possible. The town home development proposed and providing access to properties to the south and east should generate a net fiscal benefit to the City. (d) "Whether the proposed use will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards." January 23,2005 Public Hearing Item 203 Page 5 The site has a heavy cover of vegetation. The Applicant will be required to provide a tree survey and any trees over 24-inch caliper will require Commission approval. No known environmental factors (e.g. wetlands or listed plant and/or animals) exist on the site. It is expected that the development will leave a buffer oftrees along SR 434. Staff believes that the proposed use will not have an adverse impact on the natural environment. (e) "Whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources." No known cultural or historic resources are known to be on this site. (f) "Whether the proposed use will have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities." The City has water and sewer facilities in place to support the proposed use. Adequate park and recreation facilities are in place to serve the facility. If approved at 15 units, the development would add 88 total average annual daily trips to SR 434. This additional traffic will have a minimal effect on SR 434 and total traffic volume and will not cause a decrease in the level of service (LOS) for SR 434. (g) "Whether the proposed use will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality." This development will help to create vehicular interconnectivity with properties to the south (SFR), east (commercial/office) and west (commercial/office). BOA ACTION: At its regularly scheduled meeting of December 1,2005, the Board of Adjustment voted to recommend multi-family development be allowed on this approximately 1.7 acre site. RECOMMENDATION: Staff recommends the City Commission remove this item from the table for re-consideration. The BOA and staff recommend that the City Commission approve the conditional use request for parcel 34-20-30-5A W-0000-028A on the south side of SR 434, to allow multi-family development in the C-l (Neighborhood Commercial) zoning district, pursuant to Sections 20-33; 20-82; and 20-234 of the City's Zoning Code. CITY COMMISSION ACTION: ATTACHMENTS: A - Application Package B - Location Map C - Draft BOA Minutes D - December 12,2005 City Commission mini-minutes ATTACHMENT A 2005002 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 3.2708 407-327-5966 FAX:407-327-6695 BOARD OF ADJUSTMENT APPLICATION CONDITIONAL USE / SPECIAL EXCEPTION APPLICANT: Bullock, John A., KAI Properties L.L.C. MAILING ADDRESS: 817 Pink Camelia Ct., Apopka, FL 32712 PHONE & EMAIL: 407-342-0611, Steve Gooch 407-718-6122 PROPERTY OWNER: Bullock, John (KAI Properties, L.L.C.) This request is for the real property decribed below: PROPERTY ADDRESS: SR 434 Winter Springs TAX PARCEL NUMBER: 34 20 30 5AW 0000 028A SIZE OF PARCEL: 74,000 SQ.FEET, 1.67 ACRES EXISTING LAND USE: C-1 CURRENT FUTURE LAND USE CLASSIFICATION: CURRENT ZONING CLASSIFICATION: C-1 Please state YOUR REQUEST:Medium Density Multifamily Residential Current ZONING Classification: Please state YOUR REQUEST: C--J iii -cd; ?, ." J}.. {)SI'I/.r - / I1J II f.Jf& nul' Pds,'tk,M/ :i:' ", cpr ,f;HLJ .fEHrREFf.'ESHUI 'r5t~ ME..: 'J'If'IJUS lftS)., RECUf'~ r,', '.',','" _ "'~h 200~.-,,- .' (;1 ,.~." ... .' < .l.lft:.' . 1 Uf 1.,,_;f \.<,.) .,I.;.. t ;,~, I);;;C\../( ,edl UlI.] ,I h~ Clttk : ,;;:. ,'1'-' , :"';'ftjJ':j;.',C.'f 'I'. t, The APPL ICANT IS RESPONSIBLE for posting the blue notice card (provided by theCity) (on the site at least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered. Said notice shall NOT be posted within the City right-of-way. All APPLICANTS shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross- examine witnesses, and be represented by a duly authorized representative. The CITY COMMISSION shall render all final decisions regarding variances, conditional uses and waivers and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost,which includes the testimony and evidence upon which tile appeal is to be based, per 286.0105. Florida Statutes. Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall expire two (2) years after the effective date of such approval by the City Commission unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within said time period. Upon written request of the property owner, the City Commision may extend the expiration date, without public hearing an additional six (6) months, provided the property owner demonstrates good cause for the extension In addition, if the aforementioned building Permit is timely issued. and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, tile conditional use, variance or waiver shall be deemed expired. and null and void. (Code of Ordinances, Section 20-36.) THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: A copy of the most recent SURVEY of the subject property. A copy of the LEGAL DESCRIPTION reflecting the property boundaries. 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. JUSTIFICATION for the Request (See Attached List) NAMES and ADDRESSES of each property owner within 150 ft. of each property line. Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). APPLICATION FEES: FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONALSERVICES which maybe required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant)., payable prior to approval of the pertinent stage of development CONDITIONAL USE / SPECIAL EXCEPTION $ 500 WAIVER. $. 500 VARIANCE $ 500 TOTAL DUE $ 500 FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: This is to certify that I am the Owner in fee simple of subject lands described within this Application for Board of Adjustment consideration: Signature of Owner KAI Properties by John A. Bullock, Manager Sworn to and subscribed before me this 19 day of Oct. 2005 Notary Public My Commission expires: 6/19/08 Produced Identification (Type) FL Drivers License Did take an Oath Din Not take an Oath FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: I, do hereby, with my notarized signature, allow to represent me in this Application related to my property. The property is identified as: Tax Parcel Number(s) Located at Signature of Owner(s) Sworn to and subscribed before me this day of 20_. Notary Public My Commission expires: Personally Known Produced ID (Type) Did take an Oath Did Not take and Oath CONDITIONAL USE PERMIT REQUEST Taken from Winter Springs Code of Ordinances, Section 20-33(d); All Conditional Use recommendations and final decisions shall be based on the following criteria to the extent applicable. Attach additional paper as necessary: What is the Conditional Use you are requesting? Medium Density-Multi Family Housing How is the Conditional Use (including its proposed scale and intensity, traffic- generating characteristics, and offsite impacts) compatible and harmonious with adjacent land uses? All adjacent properties are vacant land Will the Conditional Use adversely impact land use activities in the immediate vicinity? If no, why not? No, Your City manager, Ron feel multifamily is a much better use than commercial in that older part of town. Demonstrate how the size and shape of the site, the proposed access and internal circulation, and the design enhancements are adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening buffers. landscaping, open space, off-street parking and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. Will the proposed use have an adverse impact on the local economy, including govemmental fiscal impact, employment, and property values? If no why not? We feel improved residential property will generate job in the area as well as a tax revenue. Will the proposed use have an adverse impact on natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards? If no, why not? We will comply with all development environment codes. Will the proposed use have an adverse impact on historic, scenic and cultural resources, including views and vistas, and Ioss or degradation of cultural and historic resources? If no, why not? No, Again all land in this area is vacant. Will the proposed use have an adverse impact on public services, including water, sewer, surface water management, police. fire, parks and recreation. streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? If no, why not? According to your City Manager the City of WS would welcome a residential community in this part of town, sewagewater & power is available. Will the proposed use have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? If no, why not? Will will have a variety of types & prids of our Townhomes and all have 2 car garages. ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MlNUTES BOARD OF ADJUSTMENT REGULAR MEETING DECEMBER 1, 2005 CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, December 1, 2005 was called to order at 7:02 p.m. by Chairman ThomaS Waters in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chaitman Thomas Waters, present Vice Chairman Jack Taylor, present Board Member Linda Collins, absent Board, Member Kathryn Fairchild, present Board Member Howard Cuman, present Vice Chairman Jack Taylor led the Pledge of Allegiance. PUBLIC INPUT No one spoke. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval or The October 6,2005 Regular Meeting Minutes. "I MAKE A MOTION TO APPROVE THE MINUTES." MOTION BY BOARD MEMBER FAIRCHILD. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. DEC-06-2005 07:21 407 324 5731 407 324 5731 P.03 CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES BOARD of ADJUSTMENT REGULAR MEETING. DECEMBER I, 2005 PAGE 2 Of 3 VOTE: BOARD MEMBER CASMAN: AYE CHAlRMAN WATERS: AYE BOARD MEMBER FAlRCHILD: AYE VlCE CHAIRMAN TAYLOR: AYE MOTION GARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARlNGS 400. Community Development Department Presents To The Board Of Adjustment (BOA) A Request For A Conditional Use To Allow Multiple Family Dwellings In The C-l (Neighborhood Commercial) Zoning District, Pursuant To Section 20-234. Of The Zoning Chapter Of The City Code Of Ordinances. Mr. John Baker, AlCP, Senior Planner, Community Development Department presented this Agenda Item and stated, "We [Staff] believe that it meets the Criteria for 'Conditional Use' ," Discussion. "I MAKE A MOTION THAT WE RECOMMEND APPROVAL OF THE 'CONDITIONAL USE' AS PRESENTED TONIGHT WHICH REQUESTS FOR PARCEL - 34.Zo-30-5AW-OOOo-028A ON THE SOUTH SIDE OF STATE ROAD 434 AND PRESENT IT TO THE WINTER SPRINGS (CITY] COMMISSION AT THE NEXT MEETING." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. VOTE: VlCE CHAlRMAN TAYLOR: AYE BOARD.MEMBER CASMAN: AYE B0ARD MEMBER FAIRCHILD: AYE CHAIRMAN WATERS: AYE MOTION CARRIED. Discussion. DEC-136-213135 137:21 407 324 5731 407 324 5731 P.04 ClTY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MlNUTES BOARD OF ADJUSTMENT REGULAR MEETING - DECEMBER 1, 2005 PAGE 3 OF 3 600. REPORTS No Reports were given. FUTURE AGENDA ITEMS None were noted. ADJOURNMENT "I MAKE A MOTION WE ADJOURN." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Waters adjourned the Meeting at approximately 7:23 p.m. RESPECTFULLY SUBMlTTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: THOMAS WATERS CHAIRMAN, BOARD OF ADJUSTMENT TOTAL P.04 ATTACHMENT D CITY COMMISSION DRAFT MEETING ABSTRACT DECEMBER 12,2005 Angela Massa of Cypress club spoke on a Petition. George Seely spoke of the Winter Springs Golf Course and development. Deputy Mayor Blake arrived at 6:40p.m. Tom Brown spoke on behalf of the Planning And Zoning Board/Local Planning Agency and the Visioning process. Ron Lichart noted Seminole figures related to tax increases. AWARDS AND PRESENTATIONS 100. Office Of The City Manager Presentation of Employee Recognition Awards To City Of Winter Springs Employees. Awards were presented. Mayor Bush called a Recess at 6:58p.m. PUBLIC HEARINGS AGENDA 200. Community Development Department Presents a Request for a conditional use to allow Mulitple Family Dwellings In The C-1 (Neighborhood Commercial) Zoning District, Pursuant To Section 20-234. Of The Zoning Chapter Of The City Code of Ordinances. Page 2 of 25 CITY COMMISSION DRAFT MEETING ABSTRACT DECEMBER 12,2005 NOTES: Mayor Bush opened the Public Input portion of the Agenda Item. No one spoke. Mayor Bush closed the Public Input portion of the Agenda Item. Tape 1/Side B Discussion ensued on the ownership of the propery, to which Deputy Mayor Blake said, I think we need some proof of ownership, since I understand it was contract purchase deal; but if we are dealing with somebody who does not own the property, then it really makes the question, I think moot at this point in time, until such time the Property Owner makes application. Mr. Bullock stated, The legal owner of this property is Kia Properties LLC. Deputy Mayor Blake inquired, When did that transaction close? Mr. Bullock responded, Probably about three(3) months ago- four months(4) ago? Mayor Bush said, I think we need to get a Consensus on Commissioner Miller's original concerns on the road development of Celery Avenue versus State Road 434. Deputy Mayor Blake stated, I think there are probably three(3) main issues, One is access, whether it be from the south side or the north side- cross access easements those are issues that need to be dealt with. The second one is a kind of piecemeal development of the region- that is an intersection area and I think will become even more highly developed in the near future and if we are doing small plots and changing or giving special permission to use different types of land use that is currently approved on one of them, that affects it; and then thirdly, is the question of where do we really stand losing more commercial property to residential? Deputy Mayor Blake then stated, and this isn't something just for today, we are talking about a very, very long term here; so these are three issues that I think probably staff might want to do a little bit of work on and then of course talk to Commissioner Miller on some of those access issues as well. Mayor Bush stated, Does that cover your access question, Commissioner Miller? Commissioner Miller said, It does. Page 3 of 25 CITY COMMISSION DRAFT MEETING ABSTRACT, DECEMBER 12,2005 NOTES: Mayor Bush said "That is a recommendation on the Concensus of the Commissioner Blake and Miller. Do we have the Consensus of the Commission on this? Commissioner McGinnis remarked, "Yes" Mayor Bush then stated, " I think we have consensus on that." "MOTION TO TABLE" MOTION BY DEPUTY MAYOR BLAKE, SECONDED BY COMMISSIONER MILLER. COMMISSIONER MILLER ADDED, "THAT IS WITH THE 3 POINTS THAT HE BROUGHT UP" DISCUSSION. MAYOR BUSH NOTED, "THE CONSENSUS HAS BEEN APPROVED." VOTE: COMMISSIONER MCGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAY BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR AGENDA Regular Community Development Department - City Arborist Recommends The City Commission Consider The Request of Mr. Earl Roberts of 975 Wedgewood Drive, To Remove (1) Speciment Tree Located on his residential Lot. Discussion. "MOVE TO APPROVE" MOTION BY DEPUTY MAYOR BLAKE, MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MCGINNIS." DISCUSSION PAGE 4 OF 25 LARGE PLANS DOCUMENT AVAILABLE AT CITY HALL.