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