Loading...
HomeMy WebLinkAbout2004 08 09 Public Hearings 401 f; CITY COMMISSION AGENDA ITEM 401 Consent Informational Public Hearing X Regular \ \ August 9,2004 Meeting f?- /~ Mgr. / Dept Authorization , 1 \ \ REQUEST: The Community Development Department presents to the City Commission 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. PURPOSE: The purpose of this agenda item isto consider a request by CPR Engineers, on behalf of Morrison Homes, the applicant, to allow multiple-family residential units [town-homes] as a conditional use in the C-l (Neighborhood Commercial) zoning district. The subject property is on the north side of SR 434, generally west of Sheoah Boulevard, between the Winter Springs Golf Course and the Golf Terrace Apartments. APPLICABLE CODE: Sec. 20-82. Duties and powers, general. The board of adjustment shall make recommendations to the city commission to grant any variance or special [or conditional use] exception as delineated in this chapter. (1) The board of adjustment shall have the additional following specific powers and duties: b. To hear and make recommendations to the city commission on special exceptions as authorized under the terms of the city's zoning ordinances; to make recommendations to the city commission on such questions as are August 9, 2004 Public Hearing Item 401 Page 2 involved in determining when special exceptions [or conditional uses] with appropriate conditions and safeguards, or to recommend denial of special exceptions [or conditional uses] when not in harmony with the purpose and intent of the zoning regulations. In granting any special exception [or conditional use] with appropriate conditions and safeguards, violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter. The board of adjustment may recommend a reasonable time limit within which the action for which the special exception is required shall be begun or completed, or both. The board of adjustment may recommend the granting of special exceptions where the applicant is seeking a minor deviation from zoning requirements so long as the granting of such special exception does not cause a change of character in the neighborhood, does not constitute a rezoning of the property in question or does not create a hardship for any of the adjacent property. The board of adjustment may also recommend the granting of special exceptions within C-l neighborhood commercial districts when the applicant has not sought a use listed in section 20-232, when the use sought will not cause an undue hardship to the area ofthe city, will not create a hazard or threat to the health, safety and welfare of the community, will generally comply with the character of the neighborhood and when the use is in harmony with the intent of the zoning ordinances of the city. Sec. 20-83. Procedures. (a) Upon receipt, in proper form and with appropriate fees, an application for a variance, special exception or conditional use as delineated in this chapter, the board of adjustment shall schedule such application for consideration at a public meeting. (b) All such applications will be process within sixty (60) days of receipt of same. \ I \ (c) All meetings for consideration of a variance, special exception or conditional use shall be noticed for at least seven (7) days prior to the date of the meeting in the following manner: \ (1) Posting the affected property with a notice of the meeting which indicates the matter to be considered. I I \ \ \ (2) Posting in city hall a notice of the meeting which indicates the property affected and the matter to be discussed. \ \ \ August 9, 2004 Public Hearing Item 40 I Page 3 (3) At least seven (7) days prior to the meeting, the board of adjustment shall also notify all owners of property adjacent to or within one hundred fifty (150) feet ofthe property to be affected of the time, date and place of the meeting. Such letter must also indicate the variance, special exception, or conditional use requested, and must require proof of delivery. (d) All interested persons shall be entitled to be heard as such meetings or to be heard by written statement submitted at or prior to such meeting. (e) ill the event a special exception, variance or conditional use is not authorized by ordinances of the city, the person requesting the unauthorized action must submit an application pursuant to section 20-28. (f) Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, board or bureau of the city affected by any decision of an administrative official under the zoning regulations. Such appeals shall be taken within thirty (30) days after such decision is made by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof. The appeal shall be in such form as prescribed by the rules of the board. The administrative official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the board of adjustment all the documents, plans, papers or other material constituting the record upon which the action appealed from was taken. (g) The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and make recommendations to the city commission for the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. For procedural purposes, an application for a special exception shall be handled by the board of adjustment the same as for appeals. (h) Any variance, special exception or conditional use which may be granted by the council shall expire six (6) months after the effective date of such action by the city commission, unless a building permit based upon and incorporating the variance, special exception or conditional use is obtained within the aforesaid six- month period. However, the city commission may renew such variance, special exception or conditional use for one (1) additional period ofsix(6) months, provided good cause is shown and the application for extension shall be filed with the board at least thirty (30) days prior to the expiration of the six-month period. Any renewal may be granted without public hearing, however, a reapplication fee may be charged in an amount not to exceed the amount of the original application fee. It is intended that provisions contained within this subsection are to be retroactive to the extent that any variance, special exception or conditional use previously granted shall become void if a period of time in excess of twelve (12) \ \ August 9, 2004 Public Hearing Item 401 Page 4 months shall have lapsed, and a building permit based upon and incorporating the variance, special exceptions or conditional uses has not been issued prior to expiration of such time limit. Section 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 with an enclosed garage. CONSIDERATIONS: The site was included as part of the Highlands, Section 3 (Plat Book 17, Pages 48 and 49, 1972). The approximately 15 acre site is depicted as a separate parcel by the Seminole County Property Appraiser's office. The legal description of the Highlands, as set forth in the restrictive covenants, appears to exclude this site from the Highlands PUD. A final subdivision plat to properly create this lot may be required before a site or subdivision plan may be approved (an issue to be fully addressed with the subdivision plan or plat). The site has C-l zoning and a Commercial Future Land Use (FLU) designation. A maximum density of 9.0 units per acre is provided in the C-l zoning district for multi-family development. The applicant proposes 94 townhouse units on 15 gross acres (total site, including both uplands and wetlands; the Comprehensive Plan sets forth density for the residential designations per gross acre) - a gross density of6.27 dwelling units per acre. This proposed density is consistent with that of a Medium Density Residential Future Land Use designation (3.6 - 9.0 dwelling units per acre). For comparison, the adjacent Golf Terrace Apartments site has a High Density Residential FLU designation, which allows 9.1 to 21dwelling units per acre. The treed site abuts properties with recreational, multifamily, vacant, and commercial properties. To the north is the golf course, to the east is the golf course country club/restaurant site, to the west are Fountaintree Drive and the Golf Terrace Apartments, and to the south, on the opposite side of SR 434, is an area outside of the City boundaries. There is an approximately 1 acre triangular shaped parcel (the Casselberrys' property) that is located on the north side of SR 434 and abuts this site but is not a part of the City. Another applicant (Davis Heritage) requested a conditional use to construct apartments on this parcel in 2003. A controversy over affordable housing and City financial involvement led to the applicant withdrawing the application. In contrast, this is a townhouse development, where the property is subdivided and individual sites are owned. Staff would not object to condominiums at this same site (town-homes require subdivision since the land is subdivided, but condominiums require a site plan since, although the units are individually owned, the land remains in common ownership and is not subdivided). August 9, 2004 Public Hearing Item 401 Page 5 A revised concept subdivision plan (with 94 units instead of the previous 99) is provided for this review, based on the' City Commission's comments at the June 28, 2004, meeting. Conditional use approval does not convey any subdivision approval and does not vest the applicant for anything depicted on the plans that may be inconsistent with City regulations (although staff did a brief review of the plan for consistency with the Code). A full subdivision plan submittal and review is required before any site work may begin. Additionally, the City adopted Ordinance No. 2003-43 in January, which requires an applicant to demonstrate that the development meets the City's aesthetic review standards. No building permit may be issued for the site without this approval. Further, any subdivision requires a final subdivision plat, consistent with Chapter 177, Florida Statutes and Chapter 9 of the City Code of Ordinances, before a building permit may be issued. As noted above, a plat may be required to properly create this 15 acre site - before it is further divided into town-home lots with common areas. CHRONOLOGY: May 3, 2004 - Conditional Use application and fee received by City June 3, 2004 - BOA recommends approval June 28, 2004 - City Commission deferred the item until the July 26 meeting July 26, 2004 - City Commission tabled the item FINDINGS: 1. The site has a C-l zoning and a Commercial Future Land Use (FLU) designation. 2.Stafffinds the concept of multi-family development within the C-l zoning district, at this location, to be consistent with the general zoning and with the public interest. This finding did not address specific subdivision plan issues. Those issues will be addressed during the subdivision plan review process. 3. The C-l zoning district now specifies a maximum density of9.0 units per acre for residential development (the applicant proposes 6.27 units per acre) and parking for at least 2 automobiles within an enclosed garage. BOA ACTION: At its regularly scheduled meeting of June 3, 2004, the Board of Adjustment recommended that the conditional use request be approved. August 9, 2004 Public Hearing Item 40 I Page 6 STAFF RECOMMENDATION: Staff recommends the City Commission remove the item from the table for discussion and review. The Board of Adjustment and staff recommend that the City Commission approve the conditional use to allow multi-family development, at a density of 6.27 dwelling units per gross acre, in the C-l (Neighborhood Commercial) zoning district at this approximately 15 acre site, pursuant to Section 20-83 and Section 20-234 of the Zoning Chapter of the City Code of Ordinances. CITY COMMISSION ACTION: ATTACHMENTS: A - Authorization B - Conditional Use Application C - Draft BOA Minutes D - June 28, 2004 City Commission Minutes E - Concept Design " ATTACHMENT A LETTER OF AUTHORIZATION As authorized agent for the real property more particularly described below and made a part thereof, I authorize CPH Engineers, Inc., its designated representatives, designated consultants and counsel to submit any and all applications related to the conditional use permit for the property described below. Parcell.D.: 33-20-30-515-0102-0000 ~!4r tor Morrison Homes, Inc. STATE OF FLORIDA COUNTY OF O~t.... I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state aforesaid and in the County aforesaid to take acknowledgements, the f<2regoing instrument was acknowledged before me by ~l'f\-N ~-r(f\J who is personally kno~ to me or who has produced identification. WITNESS my hand and official seal in the County and State last aforesaid this ~ dayof~Q..,t)_ 2004. '. . ~TIEf{THOMP.SO~ ' ~ tom"" l)lp. lWl~J05 . No. .oo.0440~ K/lCJMI !'~ Olt)ef I,D. ~~er:r srnr I-J --..~I ---........7 . /tI o Streats Hydl'OlOgy $Ul:ldMsion U'tes Patall$ County Zoning A.t~1k A.tOR.ut&1Mc A.S fU.r&Si\c Jlv3 RU'lfo3Ae RCo1 COlI'lI)' HOII1_1k R.1AAN1. ~ F~.21700 Ro 1.AAA~ 1"""".13000 R-1AA~Fan.tt700 R.1ASitVe FMl.9>>:l Ro 1 ~ Fatn.8<<Xl R.tB~F$ll.61OO Ro1Elll~F""".ro:xJ R.2 O:lll W T...cF:Ilr'nity-9XlI R.3<\Mtbi.FMli!y.1QOU R.3 "hj:lioFllm~ 1300 Ro41l.1tliioFamiJy R.NI ~HCll.I!iitq>>>:XI ~ISi~F;8fftM~H<lrne- ~2~FMl MCti!<lHQ1\e- RlM03 TnlVeI Tnlfer Ptn.. t/OO RPR~~ QP 050e CS~C<ilI"I1~ CN.~N4lb<:.1Wd Canm. . Co1 ~Callm~ Canmaci1ies <:-2 RtIl>>Canmardal c.3 GIln Comml!lta:A M:f \Vh:te!illll/l "1.1^Ve:yLi~~ M.1~ L!.2 tmp:d,Ges1Ind-~ AJD F\a1ne:f UIil [)mo. PCO ~ C<llIlm~Oitd. UCU~CMlm~ I'U Ptil!i:: la'dM:f ~ 'lID ~ (!gJ III II II o ,~ ~ ~ ~ , IiIl II '.. rB II II '. III ~.).. ~ ~ ~ [II III ~ . . III III . . fml' ~ II II II II 1'1 ,~ ~ 0iIilI' idt. Faoilitlas II! Golf CoUI'Si9 1I PaitlS Rec Owner Addr Parcel Owner '\ ATTACHMENT B , . ,BOARD OF ADJUSTMENT APPLICATION CITY OF WIN~ER SPRINGS 1126 EAST S~ATE ROAD 434 WINTER'SPRINGS, FL ,32708-2799 ( 407 ) 3 2 7 - 1 800. ~ tJIJ07 c FOR: x S~ECIAL EXCEPTION VARIANCE . 'CONDITIONAL USE \ AD~INI.sTRATrVE DECr S'I~ APPLICANT: CPH ENGINEERS,. INC./JAVIER E,.;, O~P1fPd&E 407-425-0452 ADDRESS: 111'7. E., ROBI~SON ST., O~LANDqr..FL 32801 . CONDITIONAL USE TO ALLOW FOR'~ESIDENTIAL 2 PURPOSE OF REQUEST:, ., USE PER SECTI~ 20-234 OF THE CITY ot WINT~H ~PHLNG~ CUU~ OF ORDINANCES. 1. 3. ATTACH A COPX OF THE PARCEL SURVEY. 4. ATTACH AN 11 x 17 HAP SHOWING THE SUBJECT PROPERTY AND SURROUNDING PARCELS. 5. ATTACH LEGAL'DESCRIPTION. 6. TAX PARCEL IDENTIFICATION NUMBE~: ' " '33-20-30'...:515-0I02~OOOO 7. LOCATION 'OF PARCEL (street Addr~s's" apod/or <Nearest Cross streets): SR 434/FOUNTAINTREE DRIVE " 8 . PRESENT ZONING: C-1 ' FUTURE ,LAN]') USE: 'COMMERCIAL " , . . , By Signing below'I understand that City of Winter Springs Officials may enter upon my property to inspect that portion, as, relates to this applica~ion: (If the ap~lic~nt'is not the owner of the subject property, the applicant must attach a letter of authorization. signed by the owner) . J VIER E. , ; 'I , PERSONS ARE ADVISED THAT, 'IF THEY DECIDE TO APPEAL ANY, DECISIONS MADE AT THESE MEETINOS/HEARINGS, THEY WItL NEEO A ,RECORD OF THE PROCEEDiNGS AND FOR SUCH PURPOSE, THEY ~ILL' NEED TO INSURE THAT A , VERBATIM'RECORO OF ~HE PROCEEDINGS IS MADE, 'AT'THEIR 'COST, WHICH i " INCLUDES THE TE~TIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE.;! BASED, PER SECTION 286.0105. Pf.C'HHnn ~'l'In'l'ln",t;\o 'J' ,~ .. ","' I ATTACHMENT C CITY OF WINTER SPRINGS . DRAFT UNAPPROVED MlNUTES BOARD OF ADJUSTMENT REGULAR. MEETING JUNE 3, 2004 I. CALL TO ORDER The Board of Adjustment Regular, Meeting of Thursday. June 3, 2004 was called to order at 7:00 p.m. by Chainnan Thomas Waters in the East Conference Room of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida. 32708). Roll Call: Chaimian Thomas Waters, present Vice Chairman Jack Taylor, absent Board Member Gary Diller,' present ~oard Member Kathryn Fairchild, present Board Member Howard Casman, present Board Member Kathryn Fairchild led the Pledge of Allegiance. Under UAgenda Changes," the Regular Agenda Item was pulled by the recommendation of the City Attorney, Anthony Garganese. II. CONSENT AGENDA CONSENt' A. Approval Of The May 6J 2004 Regular Meeting Minutes. "I MAKE A MOTION WE APPROVE mE MINUTES AS PRESENTED." MOTION BY :BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOnON CARRIED. In. PUBLIC HEARINGS AGENDA P\J8UC IlEAJUNGS Commllllity Development DepartmeDt it... Rtquest For A Coaditional Use To Allow Multiple Family Dwellings In The C-] (Neighborhood Commerdal) ZODiDg District, Pursuant To Section 20-234. Of The Zoniag Chapter or The City Code Of OrdiD aDces. ,...,.. .... ,-.-.. I .-... DRAET.. , @ ~~ 1l"-:"'.~1.1 ~l 1)...-_ 'ii1.::....,...."" c::,::~7~ ~,~~ ~~ ~J.-J ~~.....,.':1 ~~ I.~''*' ~~"""'1L1 ;--..:~ ..; , " rn'~ CITY OF WlNTP..R. SPRINGS otiFT UNAPPJlOV:ED MINlJ'TSS BOAan OF ADJUSTMENT REGULAR. MttTING - JUNE 3. 2004 PAOE20F4 Ms. Eloise Sahlstrom, AlCP, AS LA. Senior Planner, Conununity Development Department presented the Agenda Item, Ms. Sahlstrom said, uStaffis recommending approval of this Item." Mr. Zallier Omana, CPH Engineers, Jilee Pl'esidellt, Planning Operations, 500' w: FultOl1 Street, Sanford, Florida: Mr. Omana indicated, "This will not be affordable housing. This will not be 'S,ection 8' housing. These will be townhomes developed by Morrison Homes in the range of. SlSO,OOO.OO. $170,000,00 (one hUlldred fifty thousand dollars.-;. one hundred seventy thousand dollars) plus." Chairman Waters asked, UHow much tree removal do you anticipate?" Mr. Omana said, uWe do not know at this tiine." Mr. Omana added. "We will make every attempt to ,save as many of the trees 'out there." Chainnan Waters added, "Cazi you work around all the wetlands or, are you going to mitigate any?n Mr. Oman a said, "We are tryingto work as much as possible to keep the wetlands." Chainnan Waters said, "Vou say you will make it.[mitigate] offsite?" Mr, Omana said, "That is one of the options. Our'initial intent is to ' mitigate onsite." ChairMan Waters opened the "Public Inp'.lt" portion of the Agenda Irem. Ms. Laura Reeve.J, Property Manager. Golf Terrace Apartments, 1 La '.Ire I , Oaks D,.ive. Wimer Springs, Flon"tk1; briefly addressed the Board. Ms. Sahlstrom said to Ms. Reeves, "Usually, Laura, the City (Winter Springs] will require development to have secondary access points," Ms. Sahlstrom added, "The City's position and Staifis going to be that we very much do want a connection between the two (2) projects:' Chairman Waten confinned with Ms. Sahlstrom, ''In this particular case, we do not have to meet th~ six (6) [Variance] Crireria.'" Ms. Sahlstrorn agreed. ' 17zere. was no other "Public Input ". "I MAKE A MOTION THAT WE RECOMMEND APPROVAL OF THE 'CONDITIONAL USE" TO ALLOW MULTI FAl\1ILY DEVELOPMENT AT A DENSITY OF 6.6 (SIX POINT SIX) D\VELLINGS UNITS PER GROSS ACRE IN A 'e-I' NEIGHBORHOOD COMMERCIAL ZONING DISTRICT AT THIS FlhEEN (15) ACRE SITE.'" MOTION BY BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. CHAIRMA.N WATERS SAID, ~IF YOU VOTE 'YES', YOU ARE VOTING TO RECOMMEND THE [eIT SSION TO APPROVE IT. IF YOU VOTE 'NO', YOU ARE VOTING DENSITY OT TO APPROVE IT. CORRECT?" Cji) C"'(:J" J;1'~ J"'~ ........ I . ,..,.. ,.....,.. _ ._ ... .... A"~:r.=-\o, f:n.,.../'Cll' ~~ ~~:~:~a:-.. c;~~j, I., ,0.. .'..~.t~ ~~6o'l ~~~\--, ~!I!'^~ 04 ; , .... f1o">;':::~, I~:_I r.;":::7.) .' ....., .' . t)(;II.... -,_, _,;.--, _1_'" CITY OF WINfEk SI'IUNGS DRAFT UHA.P1'I\OV!O MlNU'ICS BOARD OP ADJUSTMtNT RfGULAR ME51'1NO - J\JN! ), 2004 PAG2)OF4 VOTE: BOARD'MEMBER CASMAN : AYE CHAIRMAN WATERS: AYE BOARD MEMBERFAJRCHILD: AYE BOARD MEMBER DILLER.: AYE MOTION CARRIED. IV. REGULA.R AGENDA RtGVLAR Community De~eJopment Departmebt A. Request For A Variance By Da.uie) Finch From Section 20.103. or The City Code Of Ordinances, To Encroach 4 Feet (4') Into The 15 Foot (IS)) Rear Building Setback To Replace An Existing Seruned Porch Or Florida Room At The Rear Of The House. ' This 'Agenda Item' has been pulled by the City Attorney, Anthony Garganese. v~ FUTURE AGENDA ITEMS No discussion. VI. REPORTS In other buSiness, discussion en.suecJ. regarding the status ofprevious Agenda Items. Ms. Sahlstrom informed the Boax-d Members that the next Audio Conference Training, . 'Land Use, Planning, and Environmental Law' will be Wednesday, June 23, 2004 fr,om , 4:00 p.m. to 5:30 p.m. in the Commission Chambers. Board Member Dill~ announced that he does not wish to, be reappointed to the Board of Adjustment. uv DRAFT C'C)... J':'~ JI:II... ,...~...I.'I 1_ .~'_I..._ ._ ,.r.:::-~ t!l"" -~ ti-::i?I'4.:::1\{ '1'!~'f,_... ;.;..l-'!-.......Il ~-::~I.Il:~ It ''':''fJ'lZ/) .. _JU1~_'\Il C;;.~r:-< ~'~~1.$i !If".' :1:(ovr. ~ r.--.''1~\ ~~~~ ~''''''-''''', ~...~ ,)- SI13'c:! 1l::l.LOl VII. ADJOURNMENT Chainnan Waten asked, "Do I have a Motion to Adjourn?" CITY OF wlNttlt S PRINCiS DRAPT UNAPPltOVED M.lNI.1TE.S BOAlU> 0' ADJUSTMENT P.EGUlAR MBETING.. JUNE l, 2004 PAOE40F4 U50 MOVED." MOnON ,BY BOARD MEMBER DILLER. SECONDED. DISCUSSION. WITH CONSENSUS OF THE BOARD rIlE MOTION WAS APPROVED. MOnON CAlUUED. Chairman Waters adjourned the Meeting at approximately 7;36 p.m. RESPECTFULLY SUBMlITED BY: JOAN L. BROWN DEPUTY CI1Y CLERK APPROVED: ,THOMAS WATERS. CHAIRMAN BOARD OF ADJUSTMENT NOiBlTb_ Minll\.U 'NC'R approved Qt \he . ~Oll. SOlrd or Mjllltltlm\ Regular Meetin&. DRAFT c:tlI'"J t'C; I:> J:::'e" J Cl", en...I'''' ".. ,,..,,..,,,,,, I~l I 1'-", ~~ 1,"'...,.;':11 Po.. ..........:..z.,..;;, f~""'::,:,~' ~;,':;.;;'~.~ t." .~ ,nil 1''''r/lJoUI ~..~ ....::~. ~'.cr~ q~ r~r.tW! (/t::"~~ ~ ~.- ...... ............... -- . .,..,. TOTAL P.05 ATTACHMENT D CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2004 PAGE 16 OF 30 PUBLIC HEARINGS 408. Community Development Department Presents To The City Commission 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. Mr. Jolm Baker, AICP, Senior Planner, Community Development Department presented his opening remarks. Commissioner Blake said "Point of Order" - and spoke of the role of CPH Engineers, Inc. in relation to this Agenda Item. Tape 2/Side A Discussion. 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. Mr. Javier E. Omana, Vice President of Land Planning Operations, CPH Engineers, Inc., 1117 East Robinson Street, Orlando, Florida: addressed the City Commission and stated that regarding "A potential conflict of interest - is something that has been studied by our firm by the Board of Directors of our firm and I believe has been adequately handled. We wouldn't have taken on this, Commission - had that particular issue not been clarified. As it stands right now, CPH Engineers, me. will not - be part of any review on behalf of the City on this particular job, whatsoever." Commissioner McGinnis inquired, "What is the price range of these townhouses?" Mr. Oman a stated, "My understanding from Morrison Homes is the townhouses will range from one hundred and fifty (150) to two hundred thousand dollars ($200,000.00) - a unit, not a building." Deputy Mayor Miller stated, "You have very short driveways it looks like." Furthermore, Deputy Mayor Miller added, "It appears from your - depiction of what the places are going to look like, that some of them are going to be two (2) car garages, and some are going to be one (1) car garages?" Mr. Omana responded, "Correct." Deputy Mayor Miller pointed out that "I am not happy with the number of units that are crammed in here. If it is a twenty foot (20') driveway, we are going to have this debate again." Furthermore, Deputy Mayor Miller added, "There is no parking for visitors and I think your units are - too close to the road." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2004 PAGE 17 OF 30 Manager McLemore stated, "I think the comment is fair to put you on notice - I think you are on notice that this is an issue." Mr. Omana said, "Very much so." Mr. Romano added, "These issues that you have intimated were clearly pronounced by Staff and we have taken notes; we know the Code very well, we need to accommodate those things to Staffs satisfaction and also to your satisfaction, before the Site Plan is approved." Discussion. Attorney Garganese suggested to the City Commission, "If you are going to approve Multi-Family, you should set a density that you are comfortable with; that you think is compatible and in harmony with the area." Mr. Omana stated, "The ninety-nine (99) units may not be reachable because we still have to go through the Water Management District pernlitting and the Army Corps of Engineers." Commissioner David W. McLeod said, "Looking at this elevation, it appears that - [State Road] 434, you really are not showing us an elevation of what it may look like from [State Road] 434. You really are showing us an interior elevation." Commissioner McLeod suggested, "I think the limitations that perhaps this Commission should put on this is that the maximum would be the 6.6 units per acre, based on what you presented to us this evening, as your layout and with regards to the Wetlands." Discussion ensued on elevations, wetlands, and Gateway standards. Commissioner McGinnis said, "I am comfortable with the density as it is right now." Mr. Omana stated, "The entire Board and Staff will have, when we come through - and the Site Plan approval process will have architectural elevations, full landscape plans - for your review." Deputy Mayor Miller noted, "I am not comfortable with the number of units." Furthermore, Deputy Mayor Miller stated, "I would be willing to approve this Conditional Use for this type of development if it were one-third less than that." Commissioner McLeod said, "I think the acreage - 6.6 units per acre that you have requested is reasonable." Discussion. "I WILL MAKE A MOTION TO POSTPONE THIS PUBLIC HEARING ITEM UNTIL THE SECOND MEETING IN JULY 2004 - WHICH IS JULY THE 26TH, 2004." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 28, 2004 PAGE 18 OF 30 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Mayor Bush stated, "I would make the recommendation to Staff that Applicants should know how the Commission feels about this and not let the people come in and have to go through this - 1 think you should do a better job of informing the Applicants." Commissioner McLeod added, "I don't think the Commission can be pre-read on the issues." PUBLIC HEARINGS 409. Not Used. PUBLIC HEARINGS 410. Not Used. PUBLIC HEARINGS 411. Office Of The City Attorney And Office Of The City Manager Request That The City Commission Approve On First Reading Ordinance 2004-31 Which Shall Amend Chapter 6 Of The City Code, Relating To Minimum Setback Requirements For Principal Buildings Located On Property Zoned Planned Unit Developments. Commissioner McGinnis left the dais at 8:56 p.m. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER GILMORE: AYE Commissioner McGinnis returned to the dais at 8:57 p.m. COMMISSIONER McGINNIS: AYE MOTION CARRIED. Date: 080904 The following Document was referenced on 08/09/04 during Public Hearings "401" , ,<iO~.t. 29, 2004 2: 36PM CPH No. 51 5 2 P. 2 Tinklepaugh SUR V E Y I N G S E R V ICE SIN C. J August 9,2004 CPH Engineers, Inc. 1117 East Robinson Street Ortando, Florida 32801 Attn: Connie Hughey RE: Survey for Morrison Homes I Big Cypress Tinklepaugh Order No. T04-C22i described in IIExhibit B" attached. Dear Connie. As: requested, our firm has reviewed the legal descriptions contained in the Declaration of Covenants, Conditions, and Restrictions as Recorded in OR Book 969. Page 757, Public Records of Seminole County, Florida, and find that this document does not affect said property described in "Exhibit B". This property is "Lessed-Out" in said document. If you have any questions, please feel free to call. Sincerely, TINKLEPAUGH SURVEYING SERVICES. INC. ~t/:/~ Arthur W. Tucker, P.L.S. Vice President Awrlvc 379 WEST MICHIGAN ST., SUITE 208 · ORLANDO, FLORIDA 32806 TELEPHONE (407) 422-0957 FAX (407) 422-6915 ' tlnklepaugh.com . I BOUND~RY.AND' TOPOGR~HIC, SURVEY , m FOR o == I DA V I S H~R I T AGE. L I M.ITED L TDI ~ .. SECTioN 88, ITOWNSHIP 20 SOUTH, RANQ,E 80 EAST OITY OF WINT~,.SPRINGS~SEMINOLE COUNTY.,!LORIDA. ~ ~,~ iii 1~.' \\ ~'t,.,,:'R JT~ l~ a.... c-.. U'" U'" DESCRIPTIONS; PARCEL "A. THA r PART OF fRACTS -I" AND "Jr-, r HIGHlANOS SECTION THRrF:, AS R~CORDED IN PLA r 8001< 17, PAGES 48 ANO 4:9 OF rH~ PUBue RECOROS Or: SEMmOLE C NTY. FlORI.DA. DESCRIBED AS FOl.lOWS: BeGIN AT THE SOUTHWEST, CORNER OF AFORESAiO' TRACT "l", .SAlD SOUTHWEST CORNeR aelNG ON THE NORTHERLY RIOH'T.-OF'-WAY OF' THE (.ONCWQOO-WAGNER ROAO (ST if: ROAD 4-.34); THE:NC~ N.W49":ro"E. ALONG THE EAST LINE OF' SAID tRACT ",", 1'192.46 FEET; THriNC~ S.7S".YO'"O"fZ., 'O~.67 FE T; THf:NCE S,04'45'16"W., 444.17 FEET: rn~NCE S.403"'7'S2''(. 12.3.07 ,.f:ET; THeNCE $.07. 50'42""'., 7~.es FEeT: THENCE: s.-.'52"5.3 13"t., 72.19 PEEr; THENCE: S~6:f'0.3'21"f:., 18f.9" ffET; THeNCE S.48.21'52"E~ '7(0.96 rEEn THeNCE: S,6~&10.55"E" J22.27 FtiT: TH NeE: H.86"f2'20"E.,. 52r.26 FtET: THENCf S.OO"49"3"E., .338.07 FEET; THENCE N.18S"~.9'3...I1W. 735.75 FEET TO THIi: AF'O~E:SA'O NORTiilf'RLY R1GHT~OF'-WAY: THENC~ N.62.S3'.31.W;. 6'4-.6' FEET ALONG SAID R'QHT..,.O~-~WAY LrNE TO THE: POINT OF Se:01NNINO, . CONT AfNINO '4;761 ACRES MORE OR LESS. . : = a.... <-> PARCEL "eQ' ~ THAT PORTION QF Lor 57, BLOCK 0, D~. MITCHELL'S SURVey OF' THE LEVY GRANt AS RIi'COROEO IN PLAT BOOK I. PAGE 5. PUaue v=> ReCORDS OF SEUINOLl! COUNT.Y, F'l ORID~ lYING nORTH Of' s rAtE: ROAD 434 ANt) WEST OF" THE: FLORIDA poweR c{)RPO~A. nON m EASEMENT. : c-.. -.:r CONT AJNING 0.229 ACRES MORE OR LESS. e:>' e:> c-.. <::7' c-.. ALL rHE 'A80VE DESCmSEO CON.TA'NINcl J4.99J.ACRE:S MOR~ OR L~SS. .. . . . . - .....,.. I' _'" .. --- u p .. - .'. ........ ... ........ 'I' 0_ . .. .. ... .-' ............. -----.-....:.....--..--..........--..,.......---..- --...-...-----.---... ..-- ........ .. .....- ---...... ,-. -.-..--...............- ......-.-..-......-.-... ...... . ..