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Home My WebLink About2007 02 12 Regular 310 Administrative Amendment changing the Future Lanue Use FLU Designation CITY COMMISSION ITEM 310 Regular February 12, 2007 Regular Meeting r REQUEST: The Community Development Department - Planning Division requests the City Commission reconsider its directive to Staff to proceed with an Administrative Amendment during the Spring Comprehensive Plan Amendment Cycle changing the Future Land Use designation to (Winter Springs) "Rural Residential" (max of 1.0 DU per acre) on the Weaver property, given the re-application and attached letter from Mr. Sam Bowman of Embassy Homes indicating his willingness to bind the property to no more than 2.25 dwelling units per gross acre. PURPOSE: For Staff to get direction from the Commission as to how they wish to proceed, given additional information. 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 SDrin!!s Charter Section 4.15 Ordinances in General. Winter Sprin!!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: CONSIDERATIONS: Based on the Commission's directive of October 23, 2006, Staff has a pending Administrative Amendment to the Comprehensive Plan, changing the Future Land Use designation from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Rural Residential" (max of 1.0 DU per acre) for the property located immediately west of DeLeon St. at Cress Run. The Application is pending until it can be processed and acted upon as part of the City's next Large Scale Comprehensive Plan cycle. This cycle closed on Wednesday, February 7,2007 (1 st Wednesday in February). Staff can now proceed with the directive. February 12, 2007 Public Hearing Item 310 Page 2 of 2 However, Staff has received new information and wishes to pass that information along to the Commission for their consideration: 1- Mr. Sam Bowman of Embassy Homes has re-applied for re-consideration ofms original request to change the land use from Seminole County 'Rural-3' (1 dwelling unit per 3 acres) to Winter Springs 'Low Density Residential' (1 to 3.5 dwelling unit per gross acre); however, he is willing to enter into a Development Agreement to bind the property to no more than 2.25 dwelling units per gross acre. or a yield of no more than 54 units. 2- The site includes three parcels, two of which have been actively used for various non- permitted industrial uses, since prior to annexation. The Applicant would remove these uses if he is allowed to develop that property at a yield of 54 units. He indicates that economically, he is not able to remove the industrial buildings/uses if the property receives a 'Rural Residential' future land use map designation. The Black Hammock Association is in support of the removal of the industrial uses and non-conforming structures; 3- The Applicant is willing to comply with the Florida Dept of Environmental Protection Outstanding Waters Program standards for stormwater management to reduce TMDLs; 4- Development on the site is constrained by wetlands. The Applicant has indicated that the wetlands would be preserved and not mitigated; 5- Mitigation of school impact would be handled through a mitigation agreement between SCPS and the Applicant; 6- DeLeon Street would be visually buffered from the development; 7- The subject property is not in the area restricted by the Urban/Rural Service Boundary; 8- The City's actions were based in part on representations at the Oct. 23rd public hearing that the property had been annexed years earlier with a condition that limited density to one unit per acre. Review of the minutes relating to the annexation reveals no such condition exists. STAFF RECOMMENDATION: Staff requests that the City Commission reconsider its directive to Staff to proceed with an Administrative Amendment during the Spring Comprehensive Plan Amendment Cycle changing the Future Land Use designation to (Winter Springs) "Rural Residential" (max of 1.0 DU per acre) on the Weaver property, given the re-application and attached letter from Mr. Sam Bowman of Embassy Homes indicating his willingness to bind the property to no more than 2.25 dwelling units per gross acre. ATTACHMENTS: A- Letter and Application from Sam Bowman of Embassy Homes COMMISSION ACTION: ATTACHMENT A Samuel H. Bowman 1366 Augusta National Blvd Winter Springs, FL 32708 Eloise Sahlstrom City Of Winter Springs Senior Planner 1126 E. State Road 434 Winter Springs, FL 32708 February 7, 2007 Dear Ms. Sahlstrom Please be advised that we are willing to enter into a Developers Agreement with the City of Winter Springs that will bind this property to a density not to exceed 2.25 units per gross acre. If I can provide additional information, please contact me at your convenience. Sincerely, Sam Bowman CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5967 FAX:407-327-6695 APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT APPLICANT: Embassy Custom Homes and Sam Bowman MAILING ADDRESS: 1366 Augusta National Blvd Winter Springs, FL 32708 Phone: 407-366-7345 If Applicant does NOT own the property: PROPERTY OWNER: Weaver Donald E Trustee MAILING ADDRESS: 844 Lake Mills Chuluota FL 32766 Phone: 407-716-3368 L-/lKG-- /HfL~ This request is for the property described below: PROPERTY ADDRESS: Cress Run and DeLeon 03-21-31-300-0090-0000 03-21-31-300-004B-0000 03-21-31-300-004C-0000 TAXPARCELNUMBER: SIZE OF PARCEL: 25 acres mol Existing Land Use: Industrial Agriculture Current FUTURE LAND USE Classification: .Rurual 3 County REQUEST for a Change to City of Winter Springs FUTURE LAND USE Classification: Low Density Residential Please state the reasons or justification for your Comprehensive Plan Amendment (Future Land Use Change): Complete with area If you are requesting an Amendment to the Goals, Objectives, & Policies of the City's Comprehensive Plan, set forth the proposed Amendment in detail and provide supporting documentation. A-3 March 2005 COMPREHENSIVE PLAN AMENDMENTS are subject to the Approval of the City Commission. Each action is only effective when the Notice and Vote Requirements of Chapter 166 and 171, Florida Statutes have been achieved. LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS are subject to Approval by the Florida Department of Community Affairs and are not effective until the Department of Community Affairs issues a "Notice ofIntent" to find the Comprehensive Plan Amendment in compliance with the requirements of Chapter 163.3184 and 163.3187, Florida Statutes. Unless otherwise provided by law, the Comprehensive Plan of the City of Winter Springs shall be amended only twice per year in accordance with 163.3187(1) F.S. and Winter Springs Code of Ordinances, Section 15-32 as follows: Application submittal deadlines: Spring- No later than 5:00 p.rn. on the first Wednesday in February. The application(s) will be reviewed at a meeting of the local planning agency to be held in April or as otherwise practicable. Fall- No later than 5:00 p.rn. on the first Wednesday in August. The application(s) will be reviewed at a meeting of the local planning agency to be held in October or as otherwise practicable. SMALL SCALE AMENDMENTS may be approved without regard to statutory limits on the frequency of consideration of amendments to the Comprehensive Plan under the conditions approved by law. (see 163.3187 F.S.). APPLICANTS are advised, that if they decide to appeal any decisions made at the meetings or hearings, with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. THE FOllOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: o A copy of the most recent SURVEY of the subject property with Metes and Bounds description. o A copy of the LEGAL DESCRIPTION. o 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. o JUSTIFICATION for the Request based on Code Section 15-36. (See Attached List) o NAMES and ADDRESSES of each property owner within 150 ft. of each property line. D Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). o APPLICATION FEES: FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant), payable prior to approval of the pertinent stage of development. COMPREHENSIVE PLAN AMENDMENT per Applicant ~ll Scale (Generally 10 acres or fewer) V'Large Scale (Generally More than 10acres; Text Amendments). * Pursuant to Chapter 163, Florida Statutes. $ $ 500 $ 1000 TOTAL DUE $ ; fXYO 2 March 2005 00 .- Q W > - W (.) W ~ ....... C) C) ~ l"- e:;) CD UJ La.. (/) (9- zi a:E n.Q. (/)0 a:l ~~ Zz: ~'2 u.:> oE >-~ tu o By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject >. property for purposes of evaluating this application. _ FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY: This is to certify that I am the Owner in fee simple of subject lands described within this Application for Annexation and Subsequent Comprehensive Plan Amendment and Rezoning Petition: Signature of Owner Sworn to and subscribed before me this 6 day of February 2007, Notary Public My Commission expires: Personally Known Produced Identification: (Type) Did take an Oath Did Not take and Oath ...................................................................................... FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY: with my notarized signature, allow represent me in the Annexation and Subsequent Comprehensive Plan Amendment and Rezoning Petition of my property. The property is identified as: Tax Parcel Nurnber(s) 03-21-31-300-0090-0000 03-21-31-300-004B-0000, 03-21-31-300-004C-0000 Donald E Weaver Signature ofOwner(s) Notary Public My Commission Expires: 2/14/08 Sworn to and subscribed before me this 6 day of february 2007. Personally Known Produced ID: (Type) Did take an Oath Did Not take and Oath GLORIA DUNMIRE March 2005 COMPREHENSIVE PLAN REQUEST Taken from Winter Springs Code of Ordinances, Section 15-36. W Address each of the following factors related to the request. Attach additional (.) paper as necessary: I o What effect will the proposed amendment have on the City's budget or the economy of the region? please see former application attached o Describe how the City might provide adequate services from public facilities to the affected property. Will the amendment promote the cost effective use of or will it unduly burden public facilities? please see former application attached o Describe the impact that the proposed amendment will have on the Level of Service (LOS) of public facilities including sanitary sewer, solid waste, drainage, potable water, traffic circulation, and recreation. please see former application attached o What impact will the proposed amendment have on the environment, natural resources, historical resources of the City or the region? please see former application attached March 2005 o Identify surrounding neighborhoods and land use. Is the amendment compatible with these surrounding uses and land use designations? please see former application attached o Will the proposed amendment promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the City or region? please see former application attached o Identify how the request is consistent with the Goals, Objectives and Poncies of the Comprehensive Plan. Will approval of the amendment cause the Comprehensive Plan to be internally inconsistent? please see former application attached o . Describe how the proposed amendment is consistent with the goals, objectives, and pOlicies of the State Comprehensive Plan set forth in Chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29 F-19.001, Florida Administrative Code. please see former application attached March 2005 OWMAN IV .