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HomeMy WebLinkAboutOrdinance 621 FLUM/Leffler PropertyORDINANCE NUMBER 621 WAS ON THE AGENDA FOR THE 8/26/96 MEETING AND WAS POSTPONED, AT APPLICANT'S REQUEST, UNTIL THE 9/9/96 MEETING THE MINUTES FOR 9/9/96 DO NOT DIRECTLY REFER TO ORDINANCE 621, BUT THE WORDING IS SIMILAR. IN THE 9/9/96 MEETING, THE APPLICATION WAS DENIED TO CHANGE TO "LEFFLER" FUTRE LAND USE DESIGNATION FROM "COMMERCIAL" TO "LOWER DENSITY RESIDENTIAL" Re1!ular Meetin2 City Commission AU2ust 26. 1996 . '15-96-24 Pal!e 8 can't vote on this. Commissioner McLeod said a cap put on the 1I,scssments during development. Commissioner Ferring said until it's turned over to the homeowners, that's 75% occupancy, CommissionerGennell said to Commissioner Ferring that ifit eases his mind any that's about the last thing a developer would ever do, it to jack those rates up; usuaIly hi,torically they go in super low, artificially low because they want to sell those properties and the la t t 'ling they're going to consider is to jack them up. Commissioner Ferring said if that's the last thin,~ t.ey're going to consider there should be no reason why they don't put it in there, and said that he's IllS multiple covenants that will show that there are caps in there to protl'Ct the incoming homeownen until they themselves take over the development. Attorney Kruppenbacher said he just want's to sLare with Commissioner Ferring that he has questions whether he legally wants to impose it but he wil' 1 ell him that he will artificially mislead the homeowners because what will happen is they will have ;,1 excuse why they never really charged what they should have and when they bailout the homeol"'rs suddenly realize they have to jack their homeowner assessments up, they are going to rightfull\' look and say they would have raised it but for the City, if I was you I'd like that, I'm off the h('()k at that point candidly, I say I couldn't charge you what you should have been paying, I had to ,'; 'Ok it up. Vote: Commissioner Conniff: aye; Commissioner Ferring: nay; Commissioner Langellotti:l~ .: Commissioner Gennell: aye; Commissioner Mcleod: aye. Motion passes. Mr. LeBlanc recapped the motion: 1) verity the lot sizes are 15,01 quare feet; 2) address the 50' easement on both the plat and covenants. Attorney Kruppenbachei' id 3) revise the documents to provide that that settlement agreement is controlling, Community Development Division B. Request Commission consideral lOll of proposed first reading Future Land Use Map designation of a certain parcel knoW' "commercial" to "lower density resi'.!ential" (1.1 to 3.5 DU per; reading at a Public Hearing of a pro:'()sed ordinance to change tI Use Map in the City's Comprehensive Phn ofa Certain parcel kl Commercial to lower Density Residenti;:l. (pER THE APPLICANT BEEN POSTPONED UNTIL THE SFPTEMBP.R 9,1996 MEE' Community Development Division C. Request Commission consideration of proposed first reading Future Land Use Map designation of a certain parcel known ;' "Commercial" to "Lower Density JZ(;iden'ial" (1.1 to 3.5 DU per reading at a Public Hearing of a pro,1o,;(;d ordinance to change t1 Use Map in the City's Comprehensiw :'::10 ora cert~lin parcel kno\ Commercial to Lower Density Rc,' , ':'!:11 (PER M'PLICANT' BEENPOSTPONEDUNTILTIIE !i'TFMBER9,1996MET City Manger D. Request Commission consideration of approval (If First Readini a lease of City property located at the Sewer Plant Site on State ~.. ! 621 to change the 'IS the Leffler property from 'I PURPOSE to hold a first "signation of the Future Land I as the Leffler property from !,EQUEST THIS ITEM HAS G). Ordinance 622 to change the t he Morrison property from :). PURPOSE to hold a first "'signation ofthe Future Land <; the Morrison property from :QUEST THIS ITEM HAS G), Ordinance 623 providing for ,d 434 adjacent to the Winter Rel!Ular Meetin2 City Commission Seotember 9. 1996 95-96-24 Pa2e 7 development agreement. Attorney Kruppenbacher said that he does not believe that the Commission would be able to impose on the project a subsequent policy/procedure ordinance the Commission adopts regarding the visioning concept. Mr. McIntosh stated that they have worked hard to make the Development Agreement conditions consistent with the Code as it is now written and that is the best they could do now but if there is something that is important to the Commission as the PUD comes through, he doesn't feel that his client would object to dealing with that; the intention is to beautifY the area. Mr. McIntosh stated that they dealt with the visioning document as it is written and tried to make the application apply with every standard and component of the visioning document (understanding that the visioning document is not yet adopted). Mr. McIntosh stated that they are in agreement with the compromise and they are asking the Commission to approve the compromise. Mayor Bush closed the Regular Meeting and opened the Public Hearing on Items B-1 and B-2 and asked if there was any member of the public present to speak on these items. Mr. Maynor Zetler, Winding Hollow, stated that he is pleased to hear that the property closest to Winding Hollow is going to be residential and asked how many homes will be on the property. Manager McLemore stated there will be between 50-60 homes (both parcels LeIDer and Morrison) Mayor Bush closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Ferring that the City Commission deny the application by Donald McIntosh & Associates, Inc., representing the Lerner Company for a change of the Future Land Use designation of property located on S.R. 434 from "Commercial" to "Lower Density Residential" ; in the alternative, to change the designation from "Commercial" to "Mixed Use" and to approve the first reading of an ordinance changing the Future Land Use designation from "Commercial" to "Mixed Use". Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner Ferring; aye; Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. Motion was made by Commissioner Conniff to read Ord. 626 by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher read Ord. 626 by title only. Motion was made by Commissioner Ferring to review and approve a Development Agreement governing the development of the Lerner property if redesignated by the Commission from "Commercial" to "Mixed Use" on the Future Land Use Map. Seconded by Commissioner LangeUotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye. Motion passes.