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HomeMy WebLinkAbout2006 11 13 Informational 501 Large Scale Comprehensive Plan Transmittal CITY COMMISSION ITEM 501 Information November 13,2006 Regular Meeting Mgr./Dept. REQUEST: The Community Development Department - Planning Division and City Attorney wish to advise the City Commission on the status of the Large Scale Comprehensive Plan Transmittal to DCA. PURPOSE: This agenda item is to update the Commission on the status of the Large Scale Comprehensive Plan Transmittal to DCA. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4) Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Sprinl!s Charter Section 4.15 Ordinances in General. Winter Sprinl!s Article III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent; Section 15-36. Review criteria; Section 15-37. Local Planning Agency Review and Recommendation: CONSIDERA TIONS: On October 23, 2006, the City Commission held an advertised First Reading and Transmittal Public Hearing for Ordinance 2006-13, a Large Scale Comprehensive Plan Amendment (referenced as LS-CPA-07-01) which changes the Future Land Use Map designation of four (4) parcels containing 29.3 acres, more or less, located immediately west of DeLeon S1. at Cress Run from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Low Density Residential" (1.1 - 3.5 dwelling units per acre). The Commission denied the requested designation of (Winter Springs) "Low Density Residential" (1.1 - 3.5 dwelling units per acre) and voted 3-2 to approve a designation of (Winter Springs) "Rural Residential" (max of 1.0 DU per acre). November 13, 2006 Public Hearing Item 501 Page 2 of 2 In response, the Applicant withdrew his application. (See Attachment 'B', letter from the Applicant's attorney, Scott D. Clark, P.A. received on October 27, 2006.) Subsequently, Staff transmitted the fall cycle of Large Scale Comprehensive Plan Amendments to the State Department of Community Affairs on October 30, 2006, without Ordinance 2006-13, (LS-CP A- 07-01). Based on the Commission's directive, the City Manager has instructed Staff to proceed with an Administrative Amendment to the Comprehensive Plan changing the Future Land Use designation to (Winter Springs) "Rural Residential" (max of 1.0 DU per acre) for the four (4) parcels containing 29.3 acres, more or less, located immediately west of DeLeon S1. at Cress Run. This Application is pending until it is able to be processed and acted upon as part of the next Large Scale Comprehensive Plan cycle (spring 2007). This cycle is open until February 7, 2007 (151 Wednesday in February). STAFF RECOMMENDATION: None required ATTACHMENTS: A- Excerpt from draft Minutes of City Commission Meeting, October 23, 2006 B- Letter requesting Withdrawal of Large Scale Comprehensive Plan Amendment on the Weaver/Rook properties COMMISSION ACTION: CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT OCTOBER 23. 2006 NOTES: Manager McLemore said, "I have tentatively Agenda's this Meeting for first Meeting in December. " Mayor Bush said to City Clerk Andrea Lorenzo-Luaces, "You might to make sure Ms. Wilson gets a copy - when this - comes before the Commission - first Meeting in December. " Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: spoke of the Dyson Drive Traffic Calming issue and suggested that we follow the County guidelines for Traffic Calming and to not send it out to those in Unit 2. Commissioner McGinnis noted that "I have also asked Staff to come back and this will come back at the next Meeting to bring back optional designs, Traffic Calming designs." Mr. Dave Humberger, 988 Shetland Avenue, Winter Springs, Florida: commented to his neighbors on Dyson Drive that he hoped this would become less emotional and suggested that Stop Signs might be an alternative and this could be tried in the meantime. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For First Reading and Transmittal Of Ordinance Number 2006-13, A Large Scale Comprehensive Plan Amendment (Referenced As LS-CP A-07-01) Which Changes The Future Land Use Map Designation Of Four (4) Parcels Containing 29.3 Acres, More Or Less, Located Immediately West Of DeLeon Street At Cress Run From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Low Density Residential" (1.1 - 3.5 Dwelling Units Per Acre). Mayor Bush stated, "Can we have a Motion to read by 'Title' only." "SO MOVED." MAYOR BUSH STATED, "MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Page 4 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT OCTOBER 23. 2006 NOTES: YOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only and noted, "This is First Reading and a Transmittal Hearing. If the Commission approves it will be transmitted to the Department of Community Affairs. If any member of the public wishes to be notified regarding this, there is a sign-in sheet." Discussion. Mr. Fritz vonBargen, Consul Tech Development Services, Inc., 2828 Edgewater Drive, Orlando, Florida: spoke on behalf of the Applicant and stated, "We are in agreement with the Staff s Findings and in regard to the comment about the soils, because the minimum evaluation of the soils as part of this Comp Plan Amendment is really cursory in nature, it usually is typically done strictly from the soil survey." Further discussion. Tape l/Side B Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. John Carravello, 1546 Wescott Loop, Winter Springs, Florida: as the President of their Homeowner's Association, Mr. Caravello asked who the Developer is and what type of housing and price range is being planned. Mr. Tim MontgomelY, 4190 Aldergate Place, Winter Springs, Florida: as the owner of Eagle Bay Wood Products, Mr. MontgomelY spoke of access and the property in question. Page 5 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT OCTOBER 23. 2006 NOTES: Mr. Ashley Livingston, 1578 Wescott Loop, Winter Springs, Florida: asked why he hadn't heard why the proposed change in Zoning, and asked for more details early in the process. The "Public Input" portion of the Agenda Item was closed. Discussion. Mr. vonBargen stated, "Sam Bowman is the Applicant. He will be developing this site." Continuing, Mr. vonBargen added, "The anticipated housing prices are going to be in the half million dollar range." Furthermore, Mr. vonBargen added, "In terms of access to the site, there is no intention to be blocking any access and blocking any bridges, all of that will be worked out as we design the project." Discussion ensued on density and related designations, to which Deputy Mayor Blake pointed out, "I believe the Commission has put on Record that the maximum density that is going to be allowed on this property - this was on the Record prior to the Annexation Vote and the Property Owners had an opportunity to pull their Annexation request at that time - was going to be 1 unit per acre." Deputy Mayor Blake continued by saying, "There is an extensive record on this that this property would not be developed in this City at a density higher than 1 unit per acre - and that is on a gross basis, not a net basis." Discussion. Deputy Mayor Blake then asked Ms. Sahlstrom, "If the Applicant had requested the Rural Residential would Staff support that request?" Ms. Sahlstrom responded, "I would support it as a transitional type development, given the rural area to the east." Page 6 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT OCTOBER 23. 2006 NOTES: "IF WE MEAN WHAT WE SAY IN THE ACTIONS THAT WE HAYE TAKEN IN THIS AREA, THE ONLY THING THAT REALLY PROYIDES A TRUE PROTECTION IS TRANSITIONAL ZONING, AND THIS IS A PLACE WHERE IT SHOULD BE. WE HAYE HEARD ABOUT SOIL ISSUES, WE HAYE HEARD ABOUT A RECORD THAT GOES BACK NOW EIGHT (8) YEARS, THAT HAS DEFINED WHAT THIS PROPERTY COULD BE USED AS. AND I BELIEYE IT WAS ON THE RECORD, IN FACT I KNOW IT WAS ON THE RECORD, BECAUSE I PUT IT THERE, PRIOR TO THE ANNEXATION OF THIS PROPERTY EYER TAKING PLACE AND I WOULD MOYE FORWARD - TO TRANSMIT THIS, NOT AT LOW DENSITY RESIDENTIAL 1.1 TO 3.5 DWELLING UNITS PER ACRE, BUT AT THE RURAL RESIDENTIAL LAND USE DESIGNATION WHICH IS A 1 UNIT PER ACRE MAXIMUM DENSITY, THAT IS ON A GROSS BASIS." DEPUTY MAYOR BLAKE CONTINUED BY SAYING, "I WOULD MAKE A MOTION TO TRANSMIT IT ON THAT BASIS." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MR. vonBARGEN STATED, "I DON'T KNOW IF THE DEYELOPER WOULD BE INTERESTED IN DEYELOPING 26 - I DON'T THINK ECONOMICALLY IT WOULD WORK OUT FOR THEM. IN TERMS OF RESPECTING THE CONSERYATION, THERE WAS SOME STRINGENT CONSERYATION REQUIREMENTS THAT WERE REQUIRED FOR BARRINGTON ESTATES, BECAUSE OF ITS LOCATION AND RESPECT TO THE CONSERY ATION AREA; STAFF HAS DONE ITS HOMEWORK, IT'S DOCUMENTED IN HERE THAT THERE IS SOME NOTED WETLANDS ON THE SITE. THOSE WILL BE DELINEATED. WE HAYE TO MAINTAIN A TWENTY-FIYE FOOT (25') BUFFER. " Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke on elements related to the site. Page 7 of 22 CITY COMMISSION DRAFT REGULAR MEETING ABSTRACT OCTOBER 23. 2006 NOTES: Mr. Sam Bowman, 1366 Augusta National Boulevard, Winter Springs, Florida: spoke on behalf of the owner and said that there must be a misunderstanding on the previous statements related to the density. YOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: NAY MA YOR BUSH: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Not Used. PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Transmittal Of Ordinance Number 2006-15, A Large Scale Comprehensive Plan Text Amendment (Referenced As LS-CPA-07-03) Which Creates Future Land Use Element Policy 1.8.4, Establishing An Eastern Annexation Boundary For The City, Preventing The City From Expanding The City Boundary Beyond DeLeon Street. Mayor Bush stated, "Motion to read by 'Title' only?" MOTION. MAYOR BUSH STATED, MOTION BY "COMMISSIONER BLAKE." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. YOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Page 8 of 22 ATTACHMENT ATTORNEYS AND COUNSELORS AT LAW 655 West Morse Boulevard, Suite 212 Winter Park, Florida 32789 Telephone 407-647-7600 Facsimile 407-647-7622 Post OITiee Box 1269 Winter Park, Florida 32790 MITCHELl. E. ALBAUGH SCOTT D. CLARK October 27, 2006 by facsimile: (407) 327-6686 alld halld delivery Eloise Sahlstrom, Senior Planner City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708-2799 RE: Ordinance 2006-13 (LS CPA-07-01) Dear Ms. Sahlstrom: This firm represents Blackstone Reserve, LLC and two of its members, including Samuel H. Bowman IV and Emhassy Custom Homes, Inc. These two parties were applicants in the above referenced matter, a Large Scale Comprehensive Plan Amendment, which was heard on Monday, Octoher 23,2006. At the puhlic hearing, the proposed amendment was rejected for transmittal, but the City apparently decided to transmit a plan amendment for a density of one unit to the acre. Please he advised that the applicant and the property owner do not agree with this designation, have not requested it and are not willing to accept it. It appears that, in part, the City's actions were based on representations at the public hearing that the property had heen annexed years earlier with a condition that limited density to one unit per acre. Our review of the minutes relating to the annexation reveals that no such condition exists. Because of this. the applicant withdraws the requested plan amendment and requests that the City pull this matter from the proposed Comprehensive Plan transmittal, take no further action on it at this and address this land use during the next plan amendment cycle. Sincerely. ~ Scott D. Clark cc: City Attorney