Loading...
HomeMy WebLinkAbout2002 11 25 Regular A Development Agreement COMMISSION AGENDA ITEM Consent Information Public Hearing Regular X November 25, 2002 Meeting MGR. /Dept. //li REQUEST: Community Development Department requesting Commission consider and approve a development agreement for a 4.42 -acre tract owned by Mr. Chanh Nguyen, located on the south side of Orange Avenue, generally east of Central Winds Park and generally north of the Winter Springs High School. The development agreement addresses filling an existing borrow pit. PURPOSE: The purpose of this agenda item is to request that the Commission approve a development agreement addressing issues and concerns pertinent to filling, covering, and re- vegetating an existing borrow pit site owned by Mr. Chanh Nguyen. The development agreement addresses issues including, but not limited to, access, security, acceptable and prohibited fill materials, hours of operation, monitoring, volume of fill, re- vegetation, damage to City roads, speed limits, and debris dropped on City roads. APPLICABLE LAW: Section 166.021, Florida Statutes. (1) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shall have the government, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law. (2) "Municipal purpose" means any activity or power which may be exercised by the state or its political subdivisions. November 25, 2002 City Commission Regular Agenda Item A Page 2 of 2 FINDINGS: The development agreement is authorized pursuant to the Municipal Home Rule Powers Act, as provided in s 2(b), Article VIII of the Florida Constitution and Chapter 166, Section 166.021, Florida Statutes. The development agreement is consistent with the City's Comprehensive Plan and Code of Ordinances. The development agreement provides for reasonable use of the subject property, while addressing issues and concerns pertinent to the present and future use of the site, in order to protect the general health, safety, and welfare. CONSIDERATIONS: The site was annexed in October of 1999. In November of 1999, City Code Enforcement discovered the illegal dumping on the site and initiated code enforcement action. Fines/liens were imposed at the rate of $250 per day by the Code Enforcement Board in April 2000, attaining $186,000 by the time the site became compliant in April of 2002. On July 22, 2002, the City Commission heard Mr. Nguyen's request to forgive the code enforcement fines/liens and reduced the amount to $10,000, subject to the applicant voluntarily annexing his adjacent property into the City. Subsequent to the City Commission's action on the Code Enforcement issue, staff reviewed the site and met with the applicant to determine how to allow the applicant reasonable use of the site while protecting the public from potential negative impacts. Staff believes that this development agreement protects the public while providing the applicant reasonable use of the site. Resolution 2001 -45 sets the fee for development agreements at $300.00. At its regularly scheduled October 28, 2002, meeting, the City Commission deferred this item in order to investigate the possibility of using a portion of the abandoned railroad right -of -way as an alternative to Orange Avenue and the "Main Street" portion of Tuskawilla Road. If allowed, this alternate route would direct truck traffic past the high school and through the traffic signal located on SR 434, just west of City Hall. This is the route preferred by the applicant. RECOMMENDATION: Staff recommends that the City Commission approve the attached development agreement, subject to the applicant paying the $300 fee for a development agreement. ATTACHMENTS: Development Agreement COMMISSION ACTION: 2 COMMISSION AGENDA ITEM A Consent Informational Public Hearings Regular X September 9. 2002 Regular Meeting Mgr. / Dept. Authorization III. REGULAR REGULAR A. Community Development Department Requesting Commission Consider And Approve A Development Agreement For A 4.42- Acre Tract Owned By Mr. Chanh Nguyen, Located On The South Side Of Orange A venue, Generally East Of Central Winds Park And Generally North Of The Winter Springs High School. The Development Agreement Addresses Filling An Existing Borrow Pit. (This Agenda Item Has Been Delayed Until January 2003)