The URL can be used to link to this page

Home My WebLink About2012 11 07 Other - Presentation regarding Public Hearing 500 Planning & Zoning Board/Local Planning Agency Regular Meeting November 7, 2012 This PowerPoint Presentation was shown to the Board Members by Attorney Paul Sladek, Shutts and Bowen LLP, under Public Hearings Agenda Item '500'. 11/7/2012 Presentation to the City of Winter Springs Planning and Zoning Board/ Local Planning Agency Item 500 - Expedited State Review CPA-2o12-o2-ESR (Ordinance 2012-13) Winter Springs City Hall November 7, 2012, 5:30 p.m. ga=rs I� BOWEN HOME&. LL? Owner Opposes Staff Request ICI Homes requests that the Local Planning Agency recommend denial of Item 500 as: • Reneging on commitments of the City; • Inconsistent with the City's Comprehensive Plan; and • A violation of the owner's private property rights. 1 11/7/2012 Mixed Use vs. Greeneway Interchange District From the City of Winter Springs Comprehensive Plan, Future Land Use Element(Part D.6.c): • "The purpose for the Mixed Use land use category is to provide for a variety of land uses and intensities...to preserve conservation areas...to encourage flexible and creative site design... • The Mixed Use land use category permits low, medium and high density residential;commercial uses(retail and office);light industrial; educational facilities; recreation facilities and compatible public facilities...the intensity of the development within the Mixed Use category will vary depending upon location and surrounding uses... • To ensure a variety of land use types, no more than 75 percent of any one type of land use will be permitted to dominate the site...." Mixed Use vs. Greeneway Interchange District From the City of Winter Springs Comprehensive Plan, Future Land Use Element: • "The purpose for the GID land use category is to set aside an area of the City....to provide employment centers for target industries and limited residential opportunities to create an increased tax base for the City."(Part D.6.£) • "Residential Use Limitations. Residential uses shall not occupy more than twenty five percent (25%) of the total floor area of a proposed development in any approved phase of the Greeneway Interchange District(GID) Master Plan and must be developed concurrently with non-residential use (parking garages excluded in the calculation). The City Commission may permit residential uses by conditional use pursuant to the standards set forth in the City's land development regulations." (Policy 3.2.2) 2 11/7/2012 History • February 2004 - ICI Homes enters into contract with Schrimsher to buy property • September 2004 - ICI Homes applies to City for change in FLU from GID to Mixed Use • October 6, 2004 - P&Z (LPA) unanimously recommended approval of change in FLU from GID to Mixed Use • October 25, 2004 - City Commission unanimously approved transmittal of change in FLU from GID to Mixed Use History (cont.) • January 24, 2005 - City Commission unanimously adopted change in FLU from GID to Mixed Use • March 25, 2005 - ICI Homes closes on property acquisition from Schrimsher • July/August 2012 - ICI initiates discussion with City concerning development of property • August 2012 - City initiates change in FLU from Mixed Use to GID 3 11/7/2012 2005 Staff Report The City found that the Mixed Use FLU was consistent with the City's Comprehensive Plan and the current or future development of the surrounding property: • The Greeneway Interchange Future Land Use designation was adopted on August 16, 1999...there was lengthy discussion as to whether this parcel should be included. The parcel previously had a "Commercial" and"Conservation"designation. • The location of the Greeneway Interchange area is "to be in close proximity to the Central Florida Greeneway...The subject area is on the outlying western perimeter of the Greeneway Interchange District, sufficiently removed from the primary area of concentration. Therefore,the proposed...change...will not undermine the objectives of the Greeneway as defined in the Comprehensive Plan. 2005 Staff Report (cont.) • Will not jeopardize the integrity of the district and will allow this parcel to develop as a transition to the Greeneway Interchange. The proposed "Mixed Use" classification will support the goals of the Greeneway Interchange to provide employment opportunities and an increased tax base,while allowing a residential component to the development. • The change...will not result in any nuisance potential for the surrounding properties because proposed uses are compatible with the "Greeneway Interchange"uses. • The City will require a Master Plan Development Agreement,and Planned Unit Development zoning to ensure that tracts of land are developed as a whole throughout the"Mixed Use category in accordance with FLUE policy 4.2.3. • The request is consistent with all applicable goals,objectives and policies of the City's adopted Comprehensive Plan. 4 11/7/2012 2012 Staff Report The current staff report does not assert that the existing Mixed Use FLU is, as a general matter, inconsistent with the City's Comprehensive Plan or the current or future development of the surrounding property. Instead, the current staff report argues: • The Mixed Use FLU is inconsistent with FLU Policy 4.2.4; and • The change will serve as a "greater future economic catalyst" for the City. FLU Policy 4.2.4 • From the current staff report: • The existing"Mixed Use" Future Land Use Map designation is not consistent with FLUE Policy 4. 2.4, which requires a Master Plan, Development Agreement, and Planned Unit Development zoning on all property having a Mixed Use" Future Land Use designation in order to ensure that tracts of land are developed as a whole throughout the " Mixed Use" category. Amending the future land use designation back to "Greeneway Interchange District" will correct the aforementioned inconsistency. • However: • Timing of requirement • The project has not been"abandoned" • Other means to resolve the inconsistency(i.e. PUD Zoning) 5 11/7/2012 Economic Catalyst From the current staff report : • "...the Greeneway Interchange District is intended to be a major economic development catalyst of the City with the potential for attracting target industries that create high paying jobs and provide needed services and employment opportunities... • ...the Greenway Designation...will assist in providing an economic catalyst for the City and...will support the goals of the Greeneway Interchange to provide employment opportunities and an increased tax base..." Economic Development Concerns • Current vs. Future Development • Perception of the City • Extracting current landowner entitlement because of government perceived economic benefit to City. 6 11/7/2012 Legal Issues • Zoning (or Equitable) Estoppel • Bert J. Harris, Jr., Private Property Rights Protection Act Zoning Estoppel From Town of Largo v. Imperial Homes Corp., 309 So. ad 571 (Fla. Dist. Ct.App. 1975): "The doctrine...is applicable to a local government...when a property owner (i) relying in good faith, (2) upon some act or omission of the government (3) has made such a substantial change in position or incurred such extensive obligations and expenses that it would be...unjust to destroy the rights he has acquired." "Stripped of the legal jargon...the theory of estoppel amounts to nothing more than an application of the rules of fair play. One party will not be permitted to invite another onto a welcome mat and then be permitted to snatch the mat away to the detriment of the party induced or permitted to stand thereon. A citizen is entitled to rely on the assurances and commitments of a zoning authority." (emphasis added) 7 11/7/2012 Bert J. Harris Act From Fla. Stat. 70.001(1) and Fla. Stat. 70.001(2): "The Legislature recognizes that some...regulations...may inordinately burden, restrict, or limit private property rights without amounting to a taking under the State Constitution or the United States Constitution...[T]here is an important state interest in protecting the interests of private property owners from such inordinate burdens...[T]he Legislature herein provides for relief, or payment of compensation, when a new...regulation, or ordinance...unfairly affects real property." "When a specific action...has inordinately burdened...a vested right to a specific use of real property, the property owner of that real property is entitled to relief, which may include compensation for the actual loss to the fair market value of the real property caused by the action of government." Effect of Denial of Staff Request • Development within Mixed Use FLU Designation • No Immediate Development 8 • 11/7/2012 Quotable "This City Commission, and I argue, no branch of government, should be making decisions better left to the market. Our country was founded upon individual liberty and our unique prosperity is a direct result of that liberty finding entrepreneurial expression. A risk-taking entrepreneur is the best assessor of market opportunity far better than any government body... Mayor Charles Lacey, "Winter Springs City Talk", Seminole Voice, September 6, 2012 Questions? Shutts&Bowen LLP Paul Sladek,Esq. 300 S.Orange Ave. Suite i000 Orlando,FL 32801 (407)423-3200 9