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HomeMy WebLinkAbout2001 05 29 Regular E NEW Stipulated Settlement Agreement .J , , COlVIMISSION AGENDA ITEM E Consent Informational Public Hearing Regular X Mav 29, 2001 Meeting ~ ~f/"/Ol , Mgr. / AU. / Dept. REQUEST: The City Attorney requests the City Commission consider approving the Stipulated SCll!cment Agreement with Terry Scarlata and the f10rida Department or Commtmity Affairs which would require the City Commission to consider approving Ordinance 2001-39 amending Winter Spring~ Code of Ordinances Chapter 9 hy establishing aconeurrency management procedure for certain publ ic facilities. PURPOSE: The purpose of this Agenda Item is to request the City Commission to consider approving the Stipulated Settlement Agreement with Ten)' Scarlata and the Florida Department of Community A (fairs which would require the City Commission to consider approving an ordinance amending Winter Springs Code of Ordinances Chapter 9 by establishing a concurrency management procedure lor certain public facilities. APPLICABLE LA W AND PUBLIC POLICY: S~ction 163.3184(9), Florida Statutes, pennits adversely affected parties to a challenge Comprehensive Plan Amendment adopted by a municipality. Page 1 of 3 Section 163.3180. Florida Statures, requires mW1icipalities to adopt concurrency management guidelines [0 serve new deve!clpmcnt. Guidelines must be in place for sanitary sewer, solid waste, dminage, potable water, parks and recreation, and transportation facilities. CONSroERA TrONS: A. Ms.lerry Scarlata challenged the City ofWimcr Springs' Comprehensive Plan Amendment 99-2, as adopted by City Ordinance No. 724 on August 16, 1999. This Amendment created the Greeneway lntcrch:lllge Comprehensive Plan designation. B. The Florida Department of Community Affairs found the Amendment to be "in compliance." C. The City of Winter Springs and the Department of Community Affairs negotiated a Stipulated Settlement Agreement with Terry Scarlata on May 18, 2001. It was the intent of the Stipulated Settlement Agreement to fully resolve all issues between the par1ies in th~ proceeding. D. The City of Winter Springs has 60 days after execution of the Stipulated Settlement Agreement to consider for adoption the remedial action of adopting a concurrency management ordinance whic.h is attached to the Stipulated Settlement Agreement. E. Adoption of the remedial actions shall not be. counted toward the frequency restrictions imposed upon Plan Amendments pursuant to Section 163.3187(1), Florida Statules. f. Chapter 163. Florida Statutes. requires that municipalities adopt concurrency management ordinances. G. The concurrency ordinance would establish a standard procedure for the City to determine whether public facilities and services are available to meet the .needs of new development as required by law. H. Staff has reviewed and commented on the ordinance. OPTIONS: The City Commission h..'1S several options: 1. Adoption of the Stipulal~d Settkment Agrel:ment and the proposed concurrency monngement ordinance:. 2. If the City of Winter Springs Commission approves the Stipulated Settlement Agreement, but docs not adopt the concurrency management ordinance within 60 days, Ms. Scarlata reserves the right to proceed to hearing in this matter. Page 2 of 3 3. If the City Commission does not adopt the Stipulated Settlement Agreement. an administrative hearing will be scheduled and Ms. Scarlata's challenge will be litigated. STAFF RECOMl\ofENDATION: The City Attorney recommends that the City Commission adopt the Stipulated Sctilemenr Agreement and Ordinance 2001-39. Tf the City Commission approves the Stipulated Settlement Agreement, the City Attomey reconunends approving Ordinance 200 1-39 un First Reading at this meeting and scheduling Second and Final Reading of the ordinance at the City Commission meeting on Junell, 200 I or as soon as possible thereafter. A TT ACHMENT: Stipulated Settlement Agreement and Proposed Concurrency Management Ordinance 2001-39. COMMISSION ACTION: I'.\j)()(:~',( :ily "I' Wtnfa :ipnngs\Agenda\ScarlaI3 at~lcla itt:nl.lj Page 3 of 3 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS TERRY SCARLATA, Petitioner, vs. Case No.: 00-0698GM CITY OF WINTER SPRINGS AND DEPARTMENT OF COMMUNITY AFF AIRS, Respondents. / STIPULA TED SETTLEMENT AGREEMENT THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the Petitioner, TERRY SCARLATA, and Respondents, CITY OF WINTER SPRINGS and DEP ARTMENT OF COMMUNITY AFFAIRS, as a complete and final settlement of all claims raised in the above-styled proceeding. RECITALS WHEREAS, Terry Scarlata, (petitioner), filed a Petition challenging the City of Winter Springs' Comprehensive Plan Amendment 99-2, as adopted by City Ordinance No. 724 on August 16, 1999; and WHEREAS, the State of Florida, Department of Community Affairs, (DCA or Department), is the state land planning agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes; and WHEREAS, the City of Winter Springs, (Local Government), is a Local Government with the duty to adopt comprehensive plan amendments that are "in compliance"; and WHEREAS, the Local Government adopted Comprehensive Plan Amendment 99-2, (Plan Amendment), by Ordinance No. 724 on August 16, 1999; and WHEREAS, the Plan Amendment proposes to create a new Future Land Use Category, Greenway Interchange District; and WHEREAS, the Department issued its Notice of Intent regarding the Amendment on November 24, 1999; and WHEREAS, as set forth in the Notice of Intent, the Department contends that the Amendment is "in compliance"; and Petitioner contends that the Amendment is not "in compliance" as stated in their Amended Petition filed with the Department on January 24, 2000; and WHEREAS, pursuant to Section 163.3184(9), Florida Statutes, the Petitioner has initiated the above-styled formal administrative proceeding challenging the Amendment; and WHEREAS, the Local Government and the Department dispute the allegations of the Amended Petition regarding the Amendment; and WHEREAS, the parties wish to avoid the expense, delay, and uncertainty of lengthy litigation and to resolve this proceeding under the terms set forth herein, and agree it is in their respective mutual best interests to do so. NOW, THEREFORE, in consideration of the mutual covenants and promIses hereinbelow set forth, and in consideration of the benefits to accrue to each of the parties, the receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree as follows: 1. Definitions. As used in this agreement, the following words and phrases shall have the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes. b. Agreement: This Stipulated Settlement Agreement. c. Comprehensive Plan Amendment or Plan Amendment: Comprehensive Plan Amendment 99-2 adopted by the Local Government on August 16, 1999, as Ordinance No. 724. d. DOAH: The Florida Division of Administrative Hearings. 2 e. In compliance or into compliance: The meamng set forth In Section 163 .3184( 1 )(b), Florida Statutes. f. Notice: The Notice of Intent issued by the Department to find the Plan Amendment in compliance. A copy of the Notice of Intent is attached hereto as Exhibit "A," which is fully incorporated herein by this reference. g. Petition: The amended petition for administrative hearing and relief filed by the Petitioner in this case. h. Remedial Action: The adoption by the City Commission of Winter Springs of an ordinance substantially similar to the ordinance attached hereto as Exhibit "B", which is hereby fully incorporated herein by this reference, and other action described in this agreement which must be completed to bring resolution to the issues in the pending Petition. Notwithstanding, Petitioner and the Local Government agree that they may mutually agree to substantial amendments to the ordinance during the ordinance adoption process. I. Remedial Plan Amendment: The Department has previously issued a Notice of Intent to find the Plan Amendment in compliance, therefore, no remedial plan amendment is necessary to bring the Plan Amendment into compliance. 2. Department Powers. The Department is the state land planning agency and has the power and duty to administer and enforce the Act and to determine whether the Plan Amendment is in compliance. 3. Negotiation of Agreement. The Department issued its Notice of Intent to find the Plan Amendment in compliance. Petitioner filed a petition challenging the consistency of the Plan Amendment. Subsequent to the filing of the Amended Petition, the parties conferred and agreed to resolve the issues in the Amended Petition through this Agreement. It is the intent of this Agreement to fully resolve all issues between the parties in this proceeding. 4. Dismissal. If the Local Government completes the Remedial Actions required to be considered by this Agreement, the Department will file an appropriate pleading with DOAH advising that this action has been settled between the parties and that the Petitioner has 3 voluntarily consented to dismiss the Petition with prejudice. The parties will also file a request to relinquish jurisdiction to the Department for dismissal of this proceeding or for realignment of the parties, as appropriate under Section 163.3184(16)(f), Florida Statutes. 5. Remedial Actions to be Considered for Adoption. The Local Government agrees to consider for adoption by formal action of its governing body all Remedial Actions described in Exhibit "B" no later than the time period provided for in this Agreement. The governing body shall not be obligated in any way to adopt the Remedial Action. 6. Adoption or Approval of Remedial Actions. Within 60 days after execution of this Agreement by the parties, the Local Government shall consider for adoption all Remedial Actions. This shall be done by ordinance duly adopted by the City Commission in accordance with law. A copy of the adopted ordinance shall be delivered to Petitioner. A copy of the adopted ordinance shall also be delivered to the Department with a letter indicating that the Remedial Action has been fully performed by the Local Government and that the Department shall dismiss this proceeding as required by this Agreement. If Local Government does not adopt the Remedial Actions within the time prescribed herein, Petitioner reserves the right to proceed to hearing in this matter. 7. Effect of Remedial Action. Adoption of the Remedial Action shall not be counted toward the frequency restrictions imposed upon Plan Amendments pursuant to Section 163.3187(1), Florida Statutes. 8. Purpose of this Agreement; Not Establishing Precedent. The parties enter into this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to the Plan Amendment. The acceptance of proposals for purposes of this Agreement is part of a negotiated agreement affecting many factual and legal issues and is not an endorsement of, and does not establish precedent for, the use of these proposals in any other circumstances or by any other local government. 9. Approval bv Governing Bodv. This Agreement has been approved by the Local 4 Government's governing body at a public hearing advertised at least 10 days prior to the hearing in a newspaper of general circulation in a manner similar to general ordinances set forth in Section 163.3184 (16)(c), Florida Statutes. This agreement has been executed by the appropriate officer as provided in the Local Government's charter or other regulations. 10. Changes in Law. Nothing in this Agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with this Agreement, the statute or regulation shall take precedence and shall be deemed incorporated in this Agreement by reference. 11. Other Persons Unaffected. Nothing in this Agreement shall be deemed to affect the rights of any person not a party to this Agreement. This Agreement is not intended to benefit any.third party. 12. Attorney Fees and Costs. Each party shall bear its own costs, including attorney fees, incurred in connection with the above-captioned case and this Agreement. 13. Effective Date. This Agreement shall become effective immediately upon execution by the Petitioner, the Department and the Local Government. 14. Filing and Continuance. This Agreement shall be filed with DOAH by the Department after execution by the parties. Upon the filing of this Agreement, the administrative proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with Section 163.3184(16)(b), Florida Statutes. 15. Retention of Right to Final Hearing. The parties hereby retain the right to have a final hearing in this proceeding in the event of a breach of this Agreement or failure of the Local Government to adopt satisfy the Remedial Action, and nothing in this Agreement shall be deemed a waiver of such right. Any party to this Agreement may move to have this matter set for hearing if it becomes apparent that any other party whose action is required by this Agreement is not proceeding in good faith to take that action. 16. Construction of Agreement. All parties to this Agreement are deemed to have participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the 5 parties agree that such ambiguity shall be construed without regard to which of the parties drafted the provision in question. 17. Entire Agreement. This is the entire Agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 18. Governmental Discretion Unaffected. This Agreement is not intended to bind the Local Government in the exercise of its governmental, proprietary, and legislative discretion which is exercisable in accordance with law. 19. Multiple Originals. This Agreement may be executed in any number of originals, all of which evidence one agreement, and only one of which need is produced for any purpose. 20. Captions. The captions inserted in this Agreement are for the purpose of convenience only and shall not be utilized to construe or interpret any provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Stipulated Settlement Agreement to be executed by their undersigned officials as duly authorized. TERRY SCARLATA, Petitioner Date DEPARTMENT OF COMMUNITY AFFAIRS, Respondent Approved as to form and legality: By: Assistant General Counsel Department of Community Affairs By: J. THOMAS BECK SR, Director Division of Community Planning Date Print Name Date 6 CITY OF WINTER SPRINGS, Respondent Approved as to form and legality: By: RONALD W. MCLEMORE City Manager ANTHONY A. GARGANESE City Attorney City of Winter Springs Date Date F:IDOCSICity of Winter Springs\Scarlata\Pleadingslstipulated settlement.kj 7 .Je, STATE OF FLORlDA -t..iI, ~p AR ThIENT OF COMMUNITY AFF M" NOTICE OF INrENT TO FIND TIrE CITY OF WINTER SPRINGS COtv1PREHENSlVE PLAN AMENDivrENT fN COt'v1PLfA.L'\[CE DOCKET NO. 99-2 NOf-5908-(A)-(1) The Department gives notic:: of its intent to find the Amcndmenc to the Comprehensivo Plan for the Cicy ofWinte( Springs, adopted by Ordinance No. 7'14 on August 16, 1999, IN COM1'UA.l~CE, pursuant to Sections 163.j 134,16].3187 and 163.3189, F.S. The adopeed Cicy of Winter Springs Comprehensive Plan Amendment and the Department's Objections, Recommendations and Comments Report. (if any), are available for public inspeceion Munday through Friday, except for legal holidays, during nonnal business hours, at the City of Winter Springs, Cicy Harl, City Clerk's office, 1126 Ease State Road 434, Winter Springs, Florida ]2708-2799. Any affected person, as defined in Section 163.3184, f.S., has a righl to petition for an administrative hearing to chal/enge the proposcd agency determination that the Amendment to the City of Winter Springs Comprehensive Plan 3re In Compliance, as defined in Subsection [63.3184(1), F.S. The. pecicion must be filed within twenty~ne (21) days after publication of this notice, and must include all of tlle information and Contents described in Uniform Rule 28-106.20 I, F.A.C. The petition must be filed with the Agency Clerk, Departmenc of Community Affairs, 25S5 Shumard Oak Boulevard, Tallahassee, Florida 32399-2 [00, and a copy mailed or delivered to the local gov.ernmenc. Failure [0 timely tile a. pecicion shall conseituce a waiver of any right eo requesc an administr<ltive proceeding as a pctitioner ur.der Sections 120.569 and [20.57, F.S. rf a petition is filed, the purpose of the administrative hearing will be to present evidence and :escimony and forward a recommended order to the Department. If no petition is filed, chis Notice of Intent shall become final agency action. If a pecition is filed, ocher affeceed persons may pecition for leave to intervene in the proceeding. A peeieion for intervention must be filed ac least twenty (20) days before the final hearing and must include all of the infonnation and concentS described in Uniform Rule28-1 06.205, F .A.c. A petition for leave 10 incer/cne shall be filed at the Division of Administrative Hea<ings, Departmenc of Managemene Servic::s, [130 Apatachec Parkway, Tallahassee, Florida 32399-[550. Failure to petition co intervene within the allowed time frame conscicutes a waiver of any right such a person has eo request a hearing under Sections 120.569 and 120.57, F.S., or to participace in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant Co Subsection 163.3189(3)(.1), F.S., to 30Y affected person who is made 3. party to the proceeding by filing eb.e request with the administrative law judge assigned by the Division of Administ'rative He:u-ings. The choice of me:d iation shall not affect a par:y's right to an administrative hearing. Ci\.~J.O~~~ Charles Gauthier, AlCr Chief, Bureau of Local Planning Department ofCommunicy Affairs Division ofCommuniry Planning 2555 Shumard Oak Boulevard TJ.lIah.usee, Florida 32399-2100 II Ill, ll1 ~J v;:;; EXHIBlT A ORDINANCE NO. 2001-39 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, CHAPTER 9 BY ESTABLISHING A CONCURRENCY MANAGEMENT PROCEDURE FOR CERTAIN PUBLIC FACILITIES MORE FULLY SET FORTH IN THIS ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3180, Florida Statutes, states that each local government should adopt a concurrency management system to ensure that issuance of a development order or development permit is conditioned upon the availability of public facilities and services necessary to serve new development; and WHEREAS, the City Commission desires to adopt the concurrency management system set forth herein and hereby deems this Ordinance in the best interest of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGSHEREBY ORDAINS, AS FOLLOWS: Section 1. Winter Springs Code Chapter 9, Land Development, is hereby amended as follows: (underlined type indicates additions). Article X. Concurrency Administration and Evaluation Procedure 'Division 1. Overview and Exemptions. Sec. 9-500. Purpose of Concurrencv Evaluation. The purpose of this Article is to implement City of Winter Springs Ordinance No. 2001-39 the concurrency prOVISIOns of the City's Growth Management Policies consistent with the provisions of Chapter 163. Part II. Florida Statutes. and applicable administrative rules. It is also the purpose of this Article to establish an ongoing concurrency evaluation system which ensures that public facilities and services needed to support development are available concurrent with the impacts of such development and that development orders and permits are issued in a manner that will not result in a reduction in the levels of service below the adopted level of service standards adopted by the City for public facilities and services. The concurrency evaluation system shall measure the potential impact of any proposal for a development permit or order upon the established minimum acceptable levels of service for sanitary sewer. solid waste. drainage. potable water. parks and recreation. and transportation facilities. unless the development permit or order is exempt from the concurrency review requirements of this Article. No development permit or order which contains a specific plan of development. including densities and intensities of development. shall be issued unless adequate public facilities are available to serve the proposed development as determined by the concurrency evaluation set forth in this Article. Sec. 9-501. Definitions. The following words and phrases used in this Article shall have the meanings ascribed below unless the context clearly indicates otherwise: (a) Citv's Growth Manaf!ement Policies. The ~rowth management policies of the Citv of Winter Springs that are set forth in the City's Comprehensive Plan and land development regulations which regulate land development and established levels of service of ~ublic facilities and servIces. including sanitary sewer. solid waste. drainage. potable water. parks and recreation. and transportation facilities. City of Winter Springs Ordinance No. 2001-39 2 (b) Concurrency Certificate. A certificate issued for a specific development or property that indicates available capacity for each public facility reviewed based upon adopted levels of service standards established in this Article at the time the certificate is issued and does not guarantee capacity in the future. nor does the certificate encumber capacity for a specific period of time. (c) Concurrency Evaluation. Evaluation by the Development Review Committee based on adopted levels of service standards to ensure .that public facilities and services are available concurrent with the impacts of such development as defined in this Article. Cd) Develooment Order. Any order granting. denying or granting with conditions an application for a development permit. (e) Development Permit. Includes any building permit. zomng permit. subdivision approval. rezoning certification. special exception, variance. or any other official action of the City having the effect of permitting the development of land. (D Development Review Committee. Shall be a committee established by the City Manager to review and approve applications for the development of land. At a minimum. the committee shall consist of the directors of utilities/public works. community development. and parks and recreation or their designee. . The City Manager or City Commission may also appoint residents of Winter Springs to serve on the committee. (g) Level of Service Standard. The measurement indicating the degree of service provided by. or proposed for a facility based on operational characteristics of the facility. (h) Public Facilities and Services. Those public facilities and services for which level of service standards have been established in the City of Winter Springs Growth Management Policies. City of Winter Springs Ordinance No. 2001-39 and are recognized in this Article, and which include (1) roads, (2) wastewater, (3) storm water, (4) solid waste, (5) potable water, (6) parks and recreation. Sec. 9-502 Aoolication Submittal. The Development Review Committee shall be responsible for carrying out the requirements of this Article and shall make determinations regarding concurrencv applications and issue certificates according to the procedures established by this Article. An application for a Concurrency Certificate shall be filed with all applications for a . final development order or permit, unless otherwise exempted by this Article. A preliminary review application may also be submitted for an informational and non-binding concurrency review by the Development Review Committee. All applications shall be made on a form prescribed by the City. which should require. at a minimum and as applicable: ( a) Date of submittal. (b) Name, address, and telephone number of applicant and property owner. (c) Parcel J.D. number, street address, and legal description. (d) Proposed land use(s) by land category. square feet and number of units. (e) Phasing information by proposed uses. square feet and number of units. (D Existing use of pro pert v, acreage of property, name ofDRI. PUD, Subdivisions. (g) Site design information. (h) Previously issued concurrencv certificates. (i) Possible limitations in the manner in which the proposed use will be conducted. including restrictions on use, resident population, density and intensity of use. CD Possible limitations on the height. size. location. density or intensity of a building or other structure. (k) Possible phasing schedule. City of Winter Springs Ordinance No. 2001-39 (l) Possible alternative with respect to size. number. location or nature of vehicle access points. (m) Possible increase in the amount of street dedication. roadway width. or construction of roadway improvements within street right of way. (n) Plans for the protection of existing trees. vegetation. water resources. wildlife habitat and other significant natural resources. (0) Any information regarding possible solutions or alternatives which would permit the proposed d (p) Data and analysis relevant to the concurrency facilities and services evaluated under this Article. whereupon the Development Review Committee can conduct and make an informed concurrency determination. An application which is not technically complete shall be returned to the applicant with a correspondence detailing the deficiencies in the application. Failure to submit the required information in accordance with this Section shall result in the denial of the concurrency application. Applications deemed complete by the City shall be handled on a first-come first- served basis. Once an application is accepted by the City as complete. any changes in uses. densities and intensities for the subiect property that result in an increased capacitv requirement for any concurrencv facility shall be subiect to a new concurrency review. An application fee may be established by the City Commission by resolution. All completed applications shall be reviewed in accordance with the procedures contained in this Article. Sec. 9-503. [Reserved] Sec. 9-504 Chanf!e of Use. (a) Any change. redevelopment or modification of use shall reqUire a concurrency evaluation under this Article. provided the proposed change. redevelopment or modification of City of Winter Springs Ordinance No. 2001-39 use has more than a de minimis impact on public facilities and services than the previous use that was actively maintained on the site during the six (6) month period prior to the date of application for concurrency evaluation. Concurrency credit shall be given for the previous use that was actively maintained on the site during the six (6) month period prior to the date of application for concurrency evaluation. If the proposed change, redevelopment or modification of use has a lesser impact on public facilities and services than the previous use during the six (6) month period prior to the date of application for concurrency evaluation. then no concurrency evaluation shall be required. Ifno use existed on the site for the six (6) month period prior to the date of application. no concurrency credit shall be issued and the proposed use shall be subiect to concurrency evaluation. (b) The impact of such change. redevelopment or modification shall be measured III terms of level of service criteria including. but not limited to. vehicular trips per day. estimated increases in water and sewer flows. increases in resident population. increases in on-site impervious surfaces. and estimated solid waste generation. (c) The burden is on the applicant to provide reasonably sufficient evidence that the previous use has been actively maintained on the site during the six (6) month period prior to the date of application for the concurrency evaluation. Such evidence may include utility records. records reflecting the use sought to be proven. and other relevant documents. An occupational license is not of itself sufficient proof of a particular use. but may be used to support other evidence of a use maintained on a site. Sec. 9-505. Demolitions. In the case of a demolition of an existing use or structure. the concurrency evaluation for the redevelopment shall be based upon the net increase of the impact for the new or proposed land use as compared to the most recent land use existing prior to City of Winter Springs Ordinance No. 2001-39 demolition, provided that such credit is utilized within six (6) months of the date of the issuance of the demolition permit. Such credits are non-transferrable. Sec. 9-506 to 9-509. fReservedl Division 2. Level of Service Standards (LOS) Sec. 9-510. Introduction. The levels of service set forth in this Division 2 are intended to be the minimum levels of service which are acceptable under the City's Growth Management Policies for: (1) potable water; (2) solid waste; (3) wastewater; (4) parks and recreation; (5) storm water; and (6) transportation. The City shall monitor cempliance with the minimum levels of service set forth in this Division by ensuring that public facilities and services needed to support development are available concurrent with the impacts of development. as required by law. Sec. 9-511. Potable Water LOS fReservedl Sec. 9-512. Solid WasteLOS fReservedl Sec. 9-513. Wastewater LOS rReservedl Sec. 9-514. Parks and Recreation LOS A parks and recreation concurrency evaluation shall be required for any residential development on a citywide and per development basis. Citywide minimum levels of service for parklands shall be determine on a two level basis for communitv parks and neighborhood parks. In addition to the citywide minimum levels of service, new residential development shall supplement the. system of neighborhood parks and recreation City of Winter Springs Ordinance No. 2001-39 services by providing parklands (or fees in lieu of) consistent with the level of service criteria and requirements established for parks and recreation under the City's Comprehensive Plan and this section. (a) The parks and recreation level of service standards for community parks shall be monitored by the City through concurrency evaluations to ensure that the minimum level of service standard for cityWide community parks remains at or above 1.6 acres per 1000 population. In performing the concurrency evaluation for communi tv parks for a proposed residential development, the Development Review Committee shall determine the number of acres of community parkland which would be necessary to serve the number of citywide dwelling units existing or approved prior to the development plus the number of proposed new dwelling units. If the development satisfies the level of service standards for community parkland, then the development shall be deemed concurrent for community parks and a certificate shall be issued consistent with section 9-533 of this Article. If a residential development causes or continues to cause the level of service for community parks to be not concurrent, the developer shall pay the City a fair share community parks and recreation impact fee, as established by the City Commission by resolution. All such fees collected shall be allocated and appropriated to the City's recreation budget to be expended to enhance the City's community parks system with priority given to expend such funds to acquire parkland. (b) The parks and recreation level of service standards for neighborhood parks shall be based on the application of the level of service standards established for each residential development by particular region of the City as follows: Northwest region - 5.9 acres per 1,000 population South-central region - 5.3.acres per 1,000 population City of Winter Springs Ordinance No. 2001-39 Southeast region - 6.9 acres per 1.000 population City of Winter Springs Ordinance No. 2001-39 10 In performing the concurrency evaluation for neighborhood parks and recreation for a proposed residential development, the Development Review Committee shall determine the number of acres of parkland which would be necessary to serve the number of dwelling units on-site (minimum one-half (.5) acre). If such amount of parkland can be provided while meeting the level of service standards set forth in this section, then the development shall be deemed concurrent for parks and recreation. If such amount of parkland can not be provided while meeting the level of service standards set forth in this section, then the development shall be deemed not concurrent for parks and recreation and a certificate shall not be issued. However, if a development can not provide -the required on-site parkland, the Development Review Committee shall permit the developer to satisfy the parks and recreation standard by providing a combination of on-site and off-site parkland and a fair share neighborhood parks and recreation impact fee as established by the City Commission by resolution. In such cases, the Development Review Committee shall require on-site parkland to the maximum extent feasible and practicable, off-site parkland shall be located in the same region as the proposed development, and said impact fee shall only be paid if on and off site parkland can not be provided as required herein. Any and all such fees collected shall be allocated and appropriated to the City's recreation budget to be expended for public recreational purposes and priority shall be given to expend such funds to acquire parkland. At such time the development satisfies the level of service for parks and recreation, a certificate shall be issued consistent with section 9-533 of this Article, with the condition that the necessary parkland and recreational services (including any impact fees) shall be in place or paid when the impacts of the development occur or shall be guaranteed to be in place through an enforceable development order or agreement not more than one year after the issuance of a certificate of occupancy or its functional equivalent. City of Winter Springs Ordinance No. 2001-39 II (c) For purposes of determining levels of service for parks and recreation facilities within the City under this section, the term "parkland" shall mean a public or private use of land that is dedicated or exclusively set aside as a neighborhood or community recreational area including, but not limited to, a playground, playing field, swimming pooL , tennis court, fishing hole or pier, nature traiL landscaped city square or green for the pursuit of leisure activities, stadium, conservation area suitable for passive recreation. water sport area, or other similar type areas suitable for bona fide recreational activities. A storm water retention pond shall not be considered parkland unless the retention pond includes uplands suitable for bona fide recreational activities or incorporated bv design into a bona fide recreational area (e.g., a place to install a water fountain and littoral plantings in a park like setting). If a storm water retention pond is used for parkland purposes, the pond shall include abutting uplands for park purposes at least equal to the size of the pond and the pond shall not be fenced and shall be designed in a safe manner to protect the public (e.g., gradual pond slopes). All parkland required by this Article shall be a minimum of one-half (.5) acre. (d) For purposes of complying with the concurrency requirements of this section, properties zoned Town Center on June L 2000 shall satisfy concurrency by providing the parkland required by the Town Center Zoning Code and applicable development agreements. Sec. 9-515. Storm water LOS rReservedl Sec. 9-516. Transportation LOS rReservedl Sec. 9-517 to 9-529. rReservedl City of Winter Springs Ordinance No. 2001-39 12 Division 3. Concurrency Administration. Sec. 9-530. Development Review Committee. The Development Review Committee shall review each completed application for a concurrency certificate or preliminary review and determine, as soon as practicable, whether the application is sufficient. Sec. 9-531. Concurrency Review. No application shall be deemed sufficient unless it contains all information which, in the professional iudgement of the Development Review Committee, is reasonably necessary to evaluate the impacts of the proposed development on the public facilities and services subiect to review under this Article. During the review process, the Development Review Committee shall either deny, approve, or approve with conditions, the application for a concurrency certificate. Sec. 9-532. Conditional Approvals. If the Development Review Committee determines that the application can be approved with conditions, the Development Review Committee shall recommend to the city commission a written concurrency agreement. The applicant may accept the conditional approval by written concurrency agreement approved by the city commission, or the applicant may consider the application denied, in which case the applicant may appeal the denial to the city commission. When the Development Review Committee recommends and the . city commission approves any conditional concurrency agreement, the city commission, with the recommendation of the Development Review Committee, mav prescribe aPlJropriate conditions and safeguards in conformity with the intent and provisions of this Article, including any of the following: (a) Limit the manner in which the use is conducted, including restricting density and intensity of the use. (b) Limit the height, size, location, density or intensity of a building or other structure. City of Winter Springs Ordinance No. 2001-39 13 (c) Require phasing of the proiect. (d) Designate the size. number. location or nature of vehicle access points. (e) Increase the amount of street dedication. roadway width. or require construction of road improvements within the street right-of-way. (f) Protecting existing trees. vegetation. water resources. wildlife habitat or other significant natural resources. (g) Specify other conditions to permit development in the City in conformity with the intent and purpose of this Article and the adopted City Growth Management Policies. All conditional approvals shall be incorporated in a written development agreement which shall be subiect to City Commission approval. Sec. 9-533. Concurrency Certificate. A Concurrency Certificate is a "snap shot" of available capacity for each public facility. evaluated under this Article. at the time the certificate is issued. The Concurrency Certificate does not guarantee capacity in the future or encumber or vest capacity for any period of time. At a minimum. the Concurrency Certificate shall contain: 1. Name. address. and telephone number ofthe applicant and property ow 2. Parcel LD. number and legal description. 3. Date of issuance. 4. Proposed use(s) by land use category. square feet. and number of units. 5. Phasing information by proposed uses. square feet. and number of units. if applicable. 6. Total current available capacity within service area(s). 7. Proiect impact based on LOS Standards. A Concurrency Certificate shall expire .one (1) year after issuance unless the applicant City of Winter Springs Ordinance No. 2001-39 14 commences construction of the development under a valid Iv issued building permit. A one (1) . year extension may be granted by the Development Review Committee provided circumstances have not adversely diminished the capacity of public facilities and services to support the development. The development shall be subiect to a new concurrency evaluation. Division 4. Appeal Procedures. Sec. 9-540. Notice of Appeal. The applicant may appeal the denial of a certificate of concurrency by the Development Review Committee by filing with the city manager a written notice of appeal within fifteen (15) days after the date of the concurrency denial. Sec. 9-541. Appeal Notice and Hearine:. Upon receipt of a written notice of appeal. the city manager shall schedule the matter for consideration by the city commission within thirty (30) days after the appeal is filed. The city clerk shall notify the applicant of the dav of the city cOminission hearing at least ten (10) days in advance of the hearing. Prior to the hearing, the city manager shall provide the city commission with all information submitted to the Development Review regarding the subiect concurrency application on appeal. The final decision on the concurrency application shall be vested in the city commission. The city commission shall have the right to deny, approve, or approve with conditions any concurrency application considered under appeal in conformity with the intent and purpose of this Article. Sec. 9-542. Appeal of City Commission. A final decision of the citv commission on a concurrency application shall be subiect to iudicial review as provided by law. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. Incorporation Into Cod~. This ordinance shall be incorporated into the City of Winter Springs Ordinance No. 2001-39 15 City of Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shaH be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2001. PAUL PARTYKA Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: ANTHONY A. GARGANESE City Attorney City of Winter Springs Ordinance No. 2001-39 16 First Reading: Second Reading: Effective Date: F:\DOCS\City of Winter Springs\Ordinances\e-mail ordinance.LOS.doCF:\DOCS\City of Winter Springs\Ordinances\e-mail ordinance. LOS City of Winter Springs Ordinance No. 2001-39 Terry Scarlata Comments made on May 29, 200 I regarding Concurrency Management Ordinance for parks and recreation. . My topic tonight involves the Concurrency Management Ordinance and how it relates to Parks and Recreation. In November 1999, I challenged this city's Comprehensive Plan Amendment for the Greeneway Interchange District. Tonight, you have an ordinance in your hands that is a product of that petition. It is a Concurrency Management Ordinance. One like it should have been part of this city's land development regulations a long time ago. Unfortunately, that commission did not have the benefit of experience to understand the importance of this ordinance. This commission, however, knows first hand the headaches that have resulted from delaying the construction of parks and recreation at the time of development. Unfortunately tills failure to provide adequate parks for the residents is not a problem exclusive to Winter Springs. Ten years ago, all Floridians relied on state and local government to establish a process to ensure that well-planned communities would be developed in the future. We know now what went wrong and we understand the ultimate results of that failure: Public infra- structure has not kept up with the pace of residential development. You read about it in the paper every day. From school over-crowding to shortages in active park areas for practice fields and neighborhood playgrounds. The people who have been hurt the most by this lack of vision have been our cillldren. It's for this reason that I hope that you will look at this Concurrency Management Ordinance and think about how it will help you protect the public against the over-zealous property rights activist who continually put their rights and interests before the rights and interests of the children of this city. You have the authority and the mandate to approve this ordinance. You even have the power to make it stronger than how it is presented to you tonight. The Ordinance is a product of a settlement, and as such, it is a compromise between the two parties. If I had a chance to do it my way, I would make two major changes. (1) I would eliminate retention ponds from the park formula all together because retention ponds cany known carcinogens and (2) I would make a clear distinction between active and passive parks, with a minimum requirement for the former. This commission has the time to mull tills ordinance over. So do members of the public. The settlement agreement requires that the city provide due notice to the public so that they can be involved in the process. I hope that leaders in the community take the opportunity to study it and to provide the necessary public pressure to make the changes I just mentioned. I have taken this ordinance as far as I can as an individual. It is my hope that community leaders who have failed to see the importance in studying and understanding the comprehensive plan, recognize its importance now. They have lost many opportunities, relying instead on histrionics to mold people's opinions when they would have served us better if they had learned the process and forced this governing body to follow it. .. I'm enclosing copies of all the correspondence with the city attorney so that a record of the negotiations can be made available to the public, and so that the commissioners can understand my concerns and hopes. __ ---. _..._.___._ ,...-..-... t----:;J":J7 "^"'- Activists dig in their heels r r, OQ'\j , Victories energize foes (V\ ~f l B ,<J 00 I of development in . . r _ ,- Lake County, and OrL-A\\J()O ~E!>S7\N\::.L their clout is growing. As; ~n ()~ tY\e.. c 'hC\()~'; ''.3 1--, l'Y\Ef~ 0\"'\12. w00d<<e:\ s \lo~.u il'\ i./I.ch {" \A.cthe \"" -+ ~\ E- e lA 10\ l c.... \ (\ -te., t"s, + ~ o'-'\. \c\ ~(,\ \J e.. bee (\ <;r2i-Jl?6, \-f +Y\e- Co \"\, mv...{"'\'-\1 \ -e ().. c\ '< CS h Ct c\ r <' so:.'+~<...\ +0 +\1. t::? sc f'(\ e.fncJ. s .+ ~ \\ Y ~ G\( S Ct ~ 0 r().+h~r ~n h tL 1'<\. t:. -\ h 00.. s ++,c-'I "" \ I'M By KEVIN P. CONNOlLY SENTINEl STAFF WRITER TAVARES - The folks who mobilized against a huge ex- pansion of the Harbor Hills sub- division are still amazed by their victory. After all, many who opposed the project east of Lady Lake knew it was going to be an up- hill battle in a county known for rapid growth. , "They said, 'You can't beat the developers,' " even as they signed petitions, recalled Harpo Zaneis, a member of the opposi- tion group, Friends of Lake Griffin. "I said, 'You can't if you don't try.' " More folks like Zaneis are trying harder than ever before. Citizen activism is on the rise in Lake County. The growth that has led to jammed roadways, crowded schools and strained water supplies in Lake County is fuel- ing a backlash among frustrat- ed residents, who are devoting an ever-increasing amount of time, money and effort to try to slow down development. At least a half-dozen activist groups have formed in the past couple of years. Two have , racked up some high-profile victories recently - from Sep- tember's vote against a massive project planned on Sugarloaf Mountain in south Lake to Jan- uary's defeat of the 1,400-acre Harbor Hills expansion in the northwest part of the county. They are also finding ways to work together, a trend that hasn'tgone unnoticed by prom- inent land-use attorney Steve Richey, who often represents developers of some of Lake County's largest projects, in- cluding Harbor Hills. "I think the tlrought has brought them all together for a common cause," Richey said, adding that he's noticed them "coordinating their efforts in a more efficient way.~ It's tough enough to get proj- ects approved, Richey said. The opposition groups add another hurdle. . Activists have lawyers, too At least it creates job security for Richey, because developers facing organized opposition need someone "who under- stands the rules and regulations . . . and that's the role I play." The Friends of Lake Griffin group brought in its own hired gun, noted Tallahassee land- use lawyer Steven Pfeiffer. Pfeiffer used to be an assistant secretary with the Florida De- partment of Community Af- fairs, the state's top planning agency. It wasn't a cheap battle. The Friends of Lake Griffin's legal costs topped $12,000, a hefty bill that shows how far these new activists are willing to go to stop what they perceive as a threat to their community. These determined residents are going beyond the tradition- al opposition strategies of sim- ply gathering petitions and packing commission chambers with supporters. Activists are becoming sawier. They're deci- phering often intricate develop- ment rules so they can bolster their battles with facts instead of just emotions. They fight fire with facts "We have become conver- sant, knowledgeable, about the comprehensive plan," the coun- ty's blueprint for growth, said Nancy Fullerton, president of the Save Our Lakes Committee, a group concerned about water, the environment and growth. Fullerton, a former member of the county's planning and zoning advisory board, said res- idents are learning they need to 40 more than just say they don't want a project because "it's ug- ly" or they "don't like it." Residents are citing specific references from the compre- hensive plan calling for the, county, for example, to protect the rural character of certain existing communities, and to ensure "compatibility of neigh- borhoods.- Plans spawn opposition About a year later, another group, called PLEDGE - an ac- ronym for Pledge to Limit Ex- cessive Development and Growth in Our Environment - was created to fight a dense res- idential project near Lake lou- isa. A lawsuit that PLEDGE members filed against the . county for approving the 40- acre project calling for about 90 houses is still pending, said PLEDGE member Shawn Gur- backi. Last June, Montverde resi- dent Bob Smith created Voters League to Control Develop- ment in response to several south Lake projects, including an 8oo-home development called Pine Island, which was put on hold last year. Also last year, another group of residents banded together in opposition to a request to ex- tend the development timetable for a 1,434-acre project pro- posed on Sugarloaf Mountain. A couple of months later, the Harbor Hills project prompted opponents to form Friends of Lake Griffin. "We believe the majority of people in Lake County are op- posed to out-of-control growth," said Bob Resetar, who is grateful commissioners sided with residents opposed to the Sugarloaf Mountain project. Resetar said it's possible an umbrella group of activists could emerge as a political force, rivaling such traditional- ly influential 'special-interest groups as builders and develop- ers. "We would like the com- mission to know that we can de. liver them the votes," he said. "We would like to give them real votes from real people." Kevin P. ConnoRy can be reached at kconnolly@orlandosentinel.com or 352- 742-5924. May 18,2001 Terry Scarlata 1006 Nancy Circle Winter Springs, FL 32708 Mr. Anthony Garganese Brown, Ward, Salzman & Weiss, P.A. Two Landmark Center 225 East Robinson Str. Suite 660 P.O. Box 2873 Orlando, FL 32802-2873 Re: Scarlata V. City of Winter Springs, et al DOAH #OO-0698GM Dear Anthony: The three signed copies of the stipulated settlement agreement should be enclosed with this letter. I left them with the City Clerk in City Hall. There are still issues pending arising from your letter of May 9,2001, but I believe they can be resolved without further delaying the settlement process. I wish I could share your firm belief that "..owe have developed a constructive solution to enhance the recreational opportunities for the citizens of Winter Springs...." My regret is that our commissioners failed to recognize the importance of this "constructive solution" ten years ago when it would have made a difference. By law, the City of Winter Springs should have had a Concurrency Management Ordinance in place in the early 1990's. If it had done so, our city could have thwarted the cowboy politics which became the government du jour for Winter Springs in the nineties. Sadly, even members on the current commission failed to recognize the opportunities that were afforded to them. In 1995, Attorney Keith Bricklemeyer and the members of the Planning and Zoning board were motivated and energized to do the necessary work. But the commission that presided over that term rejected their efforts. Now we're in the year 2001. The last 4% of undeveloped property has been rezoned Town Center and Greeneway Interchange District. These districts allow for some of the highest residential densities in the city - higher than before the rezoning - and a direct result of the land use change is that the market price is three times the value and rising. Because the commissioners lacked vision and an understanding of the future needs of the public, they failed to see how delaying one decision would atfect the other. The public has nothing but time on their side to fully grasp the importance of these last few years. It will become apparent to them when they see that a handful of property owners are becoming enriched at their expense. .. . As for your May 9th, 200 I letter, I'd like to make the following comments: (I) the appointment with Chuck Pula to review records is satisfactory, (2) the issue which involves the Parkstone PUD needs further attention. I could explain why I didn't find your response sufficient, but it would be easier just to look into the files for Parkstone myself to tind my own answers. I trust that you will be able to facilitate this inspection if I encounter the usual obstacles. Finally, )' d like to discuss point 2 of your January 16, 200 I memorandum. It mentioned the Jim Mikes properties in the Tuscawilla PUD. Your comments are not consistent with my memory of our conversation. There were three park parcels "located to the east of Greenbriar Lane and bounded on the outward perimeter by the 11 th through the 16th holes of the TuscawilIa Country Club Golf Course." In 1997, they belonged to Jim Mikes. In late 1998, Jim Mikes transferred two of those parcels to the city as a donation for conservation area. To my knowledge. this donation had nothing to do with a court order. However, there is a third parcel which is curiously landlocked and still appears under Mr. Mikes' name. Under the 1973 vested rights agreement with the state, it is labeled, "Park." However, your future land use map shows it as "Conservation Area." If this parcel was suppose to be donated to the city as well, then the city should follow through and ensure that the proper paper work gets filed. Just a suggestion. If there is further activity on the issue of the ordinance, I trust that you will contact me at your earliest convenience. Regards, ~\):Gib~ Terry Scarlata cc: Andrew Grayson, DCA Commissioners .. March 22, 200 I Terry Scarlata I006 Nancy Circle Winter Springs, FL 32708 Mr. Anthony Garganese, Esquire Brown, Ward, Salman & Weiss, P.A. III North Orange Ave., Suite 875 P.O. Box 2873 Orlando, FL 32802-2873 Dear Anthony: Enclosed is an addendum that I would like added to the stipulated agreement. As stated in yesterday's phone conversation, you should have heard it all before and there should be no surprises. Let me know if it passes inspection and I'll send you a copy of your stipulated agreement, signed. Sincerely yours, ~~~ Terry Scarlata . STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS TERR Y SCARLATA, Petitioner, vs. Case No.: 00-0698GM CITY OF WINTER SPRINGS AND DEPARTMENT OF COMMVNITY AFFAIRS, Respondents, / PETITIONER'S ADDENDUM TOSTWULATEDAGREEMENT THIS ADDENDUM is requested by the petitioner to be attached to the stipulated agreement to avoid ambiguity and to provide a record of the negotiations for the benefit of the public: I) The stipulated agreement settles claims raised from a petition which was filed in response to a Notice ofIntent posted by the DCA in the Orlando Sentinel on November 24'\ 1999. The notice informed the public of the DCA's intent to find the City of Winter Springs' Comprehensive Plan Amendment for the Greeneway Interchange Di strict in compliance and also included a map outlining the boundary for the planned District. The stipulated settlement applies to the Greeneway Interchange District as it was defined on November 24th, 1999. 2) In addition to the conditions outlined in the stipulated agreement, the city -1- also agreed to the following: a) Provide petitioner with documents in response to a public records request for all correspondence/memos which provide information regarding the city's plans and/or position regarding the status of the park situation and how it intends to meet the recreational needs of future growth. b) The City Manager agreed to prepare a response to an mqUlry regarding the Parkstone PUD. Specifically, what agreements did the city enter into with the developer and/or owner of the development in regard to open space, parks etc for that development? 3) The petitioner accepts the two changes to the Concurrency Management Ordinance proposed by the DCA on March 21, 2001. (Reference: Removal of Sec. 9-503 & change of terms from 5 years to six months in Sec. 9-504 and in other areas of the Concurrency Management Ordinance.) 4) For the sake of reducing ambiguity, the petitioner would like to comment on the term "fishing hole" as listed on page J 2 of J 7 of the current draft. The Petitioner expressed concerns that the term would be misused to include Lake Jessup in the level of service computations for Parks and Recreation. The city's representative provided assurances that the term would not apply to Lake Jessup, but to retention ponds which are subject to restrictions addressed in the Ordinance. 5) The Concurrency Management Ordinance is a compromise between the parties. Not all issues that concerned the petitioner in regard to parks and recreation could be -2- resolved or addressed by this petition. It is hoped that those issues will be resolved through other means with public awareness and education. For the record, the compromises are listed below: a) The Level of Service Ratio for Parks and Recreation would have been more effective as a tool for community planning if it was exclusively a land-based figure. The ordinance allows the level of service ratio to include bodies of water, such as retention ponds, which literally waters down the ratio. b) The ordinance does not differentiate between acti ve and passive parks. This creates a major loophole because anything from wetlands to retention ponds are included as park acreage. Acreage alone is not sufficient to reflect the reality of the recreation deficiencies in the city. c) The Comp Plan's recreational element is based on outdated information. The last thorough survey and study, which involved the public, was conducted in the early 1990's and does not take into account the effect of the Town Center and Greeneway Interchange District. That the city needs to undergo a new study and open its doors to the public in the planning process is an understatement. d) Golf courses as a matter of concurrency. In 1992 the city's Comprehensive Plan excluded golf courses from the level of service (LOS) computations for parks and recreation. The intention of a Concurrency Management Ordinance is to ensure that adequate recreation areas are continually added to the park inventory to keep up with the anticipated population growth. In order to stay consistent with the Comp Plan's reasoning and -3- methodolobT)', the two existing golf courses were also excluded from the Concurrency Management Ordinance. If the city commission wishes to add golf course acreage into the level of service computations. petitioner would be agreeable only if the LOS numbers are raised proportionately in order to avoid skewing the ratios. However, it's questionable if this is necessary because the two golf courses are already part of the recreation element in the Comprehensive Plan and defined on the Future Land Use Map as recreation areas. In addition, it's time the city recognizes that the Tuscawilla golf course was vested by the State in ] 973 as golf course property. Thus, any land use changes would require a process that involves state statute, in addition to the local PUD amendment requirements. j4~ TERR Y SCARLATA, Petitioner -1!t MCh. dJ, dOC} Date -4- CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and c.orrect copy of the foregoing was sent as indicated below this 220d day of March 200 I. ~~ By Fax: By Fax: Mr. .Andrew Grayson, Esquire Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 922-2679 Mr. Anthony Garganese, Esquire Brown, Ward, Salzman & Weiss, P.A. 111 North Orange Ave., Suite 875 P.O. Box 2873 Orlando, FL 32802-2873 (407) 425-9596 5 -5- Q TRANSMISSION VERIFICATION REPOR- TIME 03/22/2001 15:08 DATE. TIME FAX NO. It-lAME DURA nON PAGE(S) RESULT MODE 03/22 15:05 1850'322267'3 130:131:20 06 OK STANDARD EeM Q TRANSMISSION VERIFICATION REPOR~ TIME 03/22/20e1 15:15 DATE. TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE 03/22 15:15 4074259595 013:01:21 06 OK STANDARD ECM . ~ STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS TERRY SCARLATA, Petitioner, vs. Case No.: 00-0698GM CITY OF WINTER SPRINGS AND DEPARTMENT OF COMMUNITY AFFAIRS, Respondents. / STIPULATED SETTLEMENT AGREEMENT THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the Petitioner, TERRY SCARLATA, and Respondents, CITY OF WINTER SPRINGS and DEPARTMENT OF COMMUNITY AFFAIRS, as a complete and final settlement of all claims raised in the above-styled proceeding. RECITALS WHEREAS, Terry Scarlata, (Petitioner), filed a Petition challenging the City of Winter Springs' Comprehensive Plan Amendment 99-2, as adopted by City Ordinance No. 724 on August 16, 1999; and WHEREAS, the State of Florida, Department of Community Affairs, (DCA or Department), is the state land planning agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes; and Page 1 of 8 /\ ~.fJry . .. WHEREAS, the City of Winter Springs, (Local Government), is a Local Government with the duty to adopt comprehensive plan amendments that are "in compliance"; and WHEREAS, the Local Government adopted Comprehensive Plan Amendment 99-2, (Plan Amendment), by Ordinance No. 724 on August 16, 1999; and WHEREAS, the Plan Amendment proposes to create a new Future Land Use Category, Greenway Interchange District; and WHEREAS, the Department issued its Notice of Intent regarding the Amendment on November 24, 1999; and WHEREAS, as set forth in the Notice of Intent, the Department contends that the Amendment is "in compliance"; and Petitioner contends that the Amendment is not "in compliance" as stated in their Amended Petition filed with the Department on January 24, 2000; and WHEREAS, pursuant to Section 163.3184(9), Florida Statutes, the Petitioner has initiated the above-styled formal administrative proceeding challenging the Amendment; and WHEREAS, the Local Government and the Department dispute the allegations of the Amended Petition regarding the Amendment; and WHEREAS, the parties wish to avoid the expense, delay, and uncertainty oflengthy litigation and to resolve this proceeding under the terms set forth herein, and agree it is in their respective mutual best interests to do so. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinbelow set forth, and in consideration of the benefits to accrue to each of the parties, the receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree as follows: 1. Definitions. As used in this agreement, the following words and phrases shall have Page 2 of 8 0? . the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes. b. Agreement: This Stipulated Settlement Agreement. c. Comprehensive Plan Amendment or Plan Amendment: Comprehensive Plan Amendment 99-2 adopted by the Local Government on August 16, 1999, as Ordinance No. 724. d. DOAH: The Florida Division of Administrative Hearings. e. In compliance or into compliance: The meaning set forth in Section 163.3184(1 )(b), Florida Statutes. f. Notice: The Notice of Intent issued by the Department to find the Plan Amendment in compliance. A copy of the Notice of Intent is attached hereto as Exhibit "A," which is fully incorporated herein by this reference. g. Petition: The amended petition for administrative hearing and relief filed by the Petitioner in this case. h. Remedial Action: The adoption by the City Commission of Winter Springs of an ordinance substantially similar to the ordinance attached hereto as Exhibit "B", which is hereby fully incorporated herein by this reference, and other action described in this agreement which must be completed to bring resolution to the issues in the pending Petition. Notwithstanding, Petitioner and the Local Government agree that they may mutually agree to substantial amendments to the ordinance during the ordinance adoption process. 1. Remedial Plan Amendment: The Department has previously issued a Notice of Intent to find the Plan Amendment in compliance, therefore, no remedial plan amendment is Page 3 of 8 -~ ~ .. necessary to bring the Plan Amendment into compliance. 2. Department Powers. The Department is the state land planning agency and has the power and duty to administer and enforce the Act and to determine whether the Plan Amendment is in compliance. 3. Negotiation of Agreement. The Department issued its Notice of Intent to find the Plan Amendment in compliance. Petitioner filed a petition challenging the consistency ofthe Plan Amendment. Subsequent to the filing ofthe Amended Petition, the parties conferred and agreed to resolve the issues in the Amended Petition through this Agreement. It is the intent ofthis Agreement to fully resolve all issues between the parties in this proceeding. 4. Dismissal. If the Local Government completes the Remedial Actions required to be considered by this Agreement, the Department will file an appropriate pleading with DOAH advising that this action has been settled between the parties and that the Petitioner has voluntarily consented to dismiss the Petition with prejudice. The parties will also file a request to relinquish jurisdiction to the Department for dismissal of this proceeding or for realignment of the parties, as appropriate under Section 163 .3184( 16)( f), Florida Statutes. 5. Remedial Actions to be Considered for Adoption. The Local Government agrees to consider for adoption by formal action of its governing body all Remedial Actions described in Exhibit "8" no later than the time period provided for in this Agreement. The governing body shall not be obligated in any way to adopt the Remedial Action. 6. Adoption or Approval of Remedial Actions. Within 60 days after execution of this Agreement by the parties, the Local Government shall consider for adoption all Remedial Actions. This shall be done by ordinance duly adopted by the City Commission in accordance with law. A Page 4 of 8 ~~"""'-'" f1!rJ .. copy ofthe adopted ordinance shall be delivered to Petitioner. A copy ofthe adopted ordinance shall also be delivered to the Department with a letter indicating that the Remedial Action has been fully performed by the Local Government and that the Department shall dismiss this proceeding as required by this Agreement. If Local Government does not adopt the Remedial Actions within the time prescribed herein, Petitioner reserves the right to proceed to hearing in this matter. 7. Effect of Remedial Action. Adoption of the Remedial Action shall not be counted toward the frequency restrictions imposed upon Plan Amendments pursuant to Section 163.3187(1), Florida Statutes. 8. PUl:pose of this Agreement Not Establishing Precedent. The parties enter into this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition ofthe desire for the speedy and reasonable resolution of disputes arising out of or related to the Plan Amendment. The acceptance of proposals for purposes of this Agreement is part of a negotiated agreement affecting many factual and legal issues and is not an endorsement of, and does not establish precedent for, the use of these proposals in any other circumstances or by any other local government. 9. Approval by Governing Body. This Agreement has been approved by the Local Government's governing body at a public hearing advertised at least 10 days prior to the hearing in a newspaper of general circulation in a manner similar to general ordinances set forth in Section 163.3184 (16)( c), Florida Statutes. This agreement has been executed by the appropriate officer as provided in the Local Government's charter or other regulations. 10. Changes in Law. Nothing in this Agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or administrative regulation Page 5 of 8 (ij inconsistent with this Agreement, the statute or regulation shall take precedence and shall be deemed incorporated in this Agreement by reference. 11. Other Persons Unaffected. Nothing in this Agreement shall be deemed to affect the rights of any person not a party to this Agreement. This Agreement is not intended to benefit any third party. 12. Attorney Fees and Costs. Each party shall bear its own costs, including attorney fees, incurred in connection with the above-captioned case and this Agreement. 13. Effective Date. This Agreement shall become effective immediately upon execution by the Petitioner, the Department and the Local Government. 14. Filing and Continuance. This Agreement shall be filed with DOAH by the Department after execution by the parties. Upon the filing of this Agreement, the administrative proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with Section 163.3184(16)(b), Florida Statutes. 15. Retention of Right to Final Hearing. The parties hereby retain the right to have a final hearing in this proceeding in the event of a breach of this Agreement or failure of the Local Government to adopt satisfy the Remedial Action, and nothing in this Agreement shall be deemed a waiver of such right. Any party to this Agreement may move to have this matter set for hearing if it becomes apparent that any other party whose action is required by this Agreement is not proceeding in good faith to take that action. 16. Construction of Agreement. All parties to this Agreement are deemed to have participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the parties agree that such ambiguity shall be construed without regard to which of the parties drafted the Page 6 of 8 0? provision in question. 17. Entire Agreement. This is the entire Agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 18. Governmental Discretion Unaffected. This Agreement is not intended to bind the Local Government in the exercise of its governmental, proprietary, and legislative discretion which is exercisable in accordance with law. 19. Multiple Originals. This Agreement may be executed in any number of originals, all of which evidence one agreement, and only one of which need is produced for any purpose. 20. Captions. The captions inserted in this Agreement are for the purpose of convenience only and shall not be utilized to construe or interpret any provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Stipulated Settlement Agreement to be executed by their undersigned officials as duly authorized. J' ),11 I ~~/tq ~(~ TERRY SCARLATA, Petitioner l-J' Page 7 of 8 /\ ~; DEPARTMENT OF COMMUNITY AFFAIRS, Respondent Approved as to form and legality: By: C'~~ ~;r1.- J. THOMAS BECK SR, Director Division of Community Planning r"rt. sel Department of Community Affairs Date 6/,.1/01 , t\N~~W ~. 6'2A~~'oJJ Print Name 0.\'2- .0\ Date crry' O{WfNTER SPRINGS, Respondent j'; ~ :' '. ,j" -" , Approved as to form and ~ ANTHONY A. GARGANESE City Attorney City of Winter Springs ~/6r/o1 Date I - . /7" By~ /r~~0?1t "" L L:> RONALD W. MCLEM6RE City Manager j/>1/() , . Date F:\OOCS\City of Winter Springs\Scarlata\Pleadings\stipulated settlement.kj Page 8 of 8 G~ .II STATE OF FLORIDA -I" P ARThfENT OF COMMUNITY AFF Ah. NOTICE OF INTENT TO FIND THE CITY OF WINTER SPRINGS COLVlPREHENSIVE PLAN AMENDMENT IN COiVlPLIAL"lCE DOCKET NO. 99-2 NOI-5908-(A)-(I) The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for the City of Winter Springs, adopted by Ordinance No. 724 on August 16, 1999, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted City of Winter Springs Comprehensive Plan Amendment and the Department's Objections, Recommendations and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Winter Springs, City Hall, City Clerk's office, 1126 East State Road 434, Winter Springs, Florida 32708-2799. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to challenge the proposed agency determination that the Amendment to the City of Winter Springs Comprehensive PI~ are In Compliance, as defined in Subsection 163.3184(1), F.S. The. petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitionc:~ under Sections 120.569 and 120.57, F.S. Ifa petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice ofIntent shall become final agency action. ' If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the information and c,ontents described in Unifonn Rule 28-106.205, F.A.C, A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection 163.3 I 89(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. -~ Cl,\,~~(b~ Charles Gauthi~r, AlCP Chief, Bureau of Local Planning Department of Community Affairs Division of Community Planning' 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 II I I'" ~ 'i Y .~A EXHIBIT ORDINANCE NO. 2001-39 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, CHAPTER 9 BY ESTABLISIDNG A CONCURRENCY MANAGEMENT PROCEDURE FOR CERTAIN PUBLIC FACILITIES MORE FULLY SET FORTH IN TmS ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. . WHEREAS, Section 163.3180, Florida Statutes, states that each local government should adopt a concurrency management system to ensure that issuance of a development order or development permit is conditioned upon the availability of public facilities and services necessary to serve new development; and WHEREAS, the City Commission desires to adopt the concurrency management system set forth herein and hereby deems this Ordinance in the best interest of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRlNGSHEREBY ORDAINS, AS FOLLOWS: Section 1. Winter Springs Code Chapter 9, Land Development, is hereby amended as follows: (underlined type indicates additions). Article X. Concurrency Administration and Evaluation Procedure Division 1. Overview and Exemptions. City of Winter Springs Ordinance No. 2001-39 Page 1 of 16 EXHIBIT I "0" '" Sec. 9-500. Purpose of Con curren cv Evaluation. The purpose of this Article is to implement the concurrency vrovisions of the City's Growth Management Policies consistent with the provisions of Chapter 163. Part II. Florida Statutes. and apvlicable administrative rules. It is also the purpose of this Article to establish an ongoing concurrency evaluation system which ensures that public facilities and services needed to support development are available concurrent with the impacts of such development and that development orders and permits are issued in a manner that will not result in a reduction in the levels of service below the adopted level of service standards adopted by the City for public facilities and services. The concurrency evaluation system shall measure the potential impact of any proposal for a development permit or order upon the established minimum acceptable levels of service for sanitary sewer. solid waste. drainage. potable water. parks and recreation. and transportation facilities. unless the development permit or order is exempt from the concurrency review requirements of this Article. No develovment permit or order which contains a specific plan of development. including densities and intensities of development. shall be issued unless adequate public facilities are available to serve the proposed development as determined by the concurrency evaluation set forth in this Article. Sec. 9-501. Definitions. The following words and phrases used in this Article shall have the meanings ascribed below unless the context clearly indicates otherwise: (a) ON'S Growth Manaflement Policies. The growth management policies of the City of Winter Springs that are set forth in the City's Comprehensive Plan and land development regulations which regulate land development and established levels of service of public facilities and services. including sanitary sewer. solid waste. drainage. potable water. parks and recreation. and City of Winter Springs Ordinance No. 2001-39 Page 2 of 16 " transportation facilities. (b) Concurrency Certificate. A certificate issued for a specific development or property that indicates available capacity for each public facility reviewed based upon adopted levels of service standards established in this Article at the time the certificate is issued and does not guarantee capacity in the future. nor does the certificate encumber capacity for a specific period of time. (c) Concurrency Evaluation. Evaluation bv the Development Review Committee based on adopted levels of service standards to ensure that public facilities and services are available concurrent with the impacts of such development as defined in this Article. (d) Development Order. Anv order granting. denying or granting with conditions an application for a development permit. (e) Development Permit. Includes any building permit. zoning permit. subdivision approval. rezoning certification. special exception. variance. or any other official action ofthe City having the effect of permitting the development of land. (0 Development Review Committee. Shall be a committee established by the City Manager to review and approve applications for the development ofland. At a minimum. the committee shall consist of the directors of utilities/ public works. community development. and parks and recreation or their designee. The City Manager or City Commission may also appoint residents of Winter Springs to serve on the committee. ( g) Level of Service Standard. The measurement indicating the degree of service provided by. or proposed for a facility based on operational characteristics of the facility. (h) Public Facilities and Services. Those public facilities and services for which level of City of Winter Springs Ordinance No. 2001-39 Page 3 of 16 " service standards have been established in the City of Winter Springs Growth Management Policies. and are recognized in this Article. and which include (1) roads. (2) wastewater. (3) storm water. (4) solid waste. (5) potable water. (6) parks and recreation. Sec. 9-502 Application Submittal. The Development Review Committee shall be responsible for carrying out the requirements ofthis Article and shall make determinations regarding concurrency applications and issue certificates according to the procedures established by this Article. An application for a Concurrency Certificate shall be filed with all applications for a final development order or permit. unless otherwise exempted by this Article. A preliminary review application may also be submitted for an informational and non-binding concurrency review by the Development Review Committee. All applications shall be made on a form prescribed by the City. which should require. at a minimum and as applicable: (a) Date of submittal. (b) Name. address. and telephone number of applicant and property owner. (c) Parcel LD. number. street address. and legal description. (d) Proposed land use(s) by land category. square feet and number of units. (e) Phasing information by proposed uses. square feet and number of units. (0 Existing use of property. acreage of property. name ofDRI. PUD. Subdivisions. (g) Site design information. (h) Previously issued concurrency certificates. (i) Possible limitations in the manner in which the proposed use will be conducted. including restrictions on use. resident population. density and intensity of use. City of Winter Springs Ordinance No. 2001-39 Page 4 of 16 . ~ (j) Possible limitations on the height. size. location. density or intensity of a building or other structure. (k) Possible phasing schedule. (l) Possible alternative with respect to size. number. location or nature of vehicle access points. (m) Possible increase in the amount of street dedication. roadway width. or construction of roadway improvements within street right of way. (n) Plans for the protection of existing trees. vegetation. water resources. wildlife habitat and other significant natural resources. (0) Any information regarding possible solutions or alternatives which would permit the proposed development in conformity with the requirements and intent of this Article and the City's Growth Management Policies. (p) Data and analysis relevant to the concurrency facilities and services evaluated under this Article. whereupon the Development Review Committee can conduct and make an informed concurrency determination. An application which is not technically complete shall be returned to the applicant with a correspondence detailing the deficiencies in the application. Failure to submit the required information in accordance with this Section shall result in the denial of the concurrency application. Applications deemed complete by the City shall be handled on a first-come first-served basis. Once an application is accepted by the City as complete. any changes in uses. densities and intensities for the subiect property that result in an increased capacity reauirement for any concurrency facility shall City of Winter Springs Ordinance No. 2001-39 Page 5 of 16 . be subiect to a new concurrencv review. An application fee mav be established by the City Commission bv resolution. All completed applications shall be reviewed in accordance with the procedures contained in this Article. Sec. 9-503. [Reserved] Sec. 9-504 Change of Use. ( a) Anv change. redevelopment or modification ofuse shall require a concurrency evaluation under this Article. provided the prooosed change. redevelopment or modification of use has more than a de minimis impact on public facilities and services than the previous use that was activelv maintained on the site during: the six (6) month period prior to the date of application for concurrencv evaluation. Concurrencv credit shall be given for the previous use that was actively maintained on the site during the six (6) month period prior to the date of application for concurrency evaluation. If the proposed change. redevelopment or modification of use has a lesser impact on public facilities and services than the previous use during the six (6) month period orior to the date of application for concurrencv evaluation. then no concurrencv evaluation shall be required. If no use existed on the site for the six (6) month period prior to the date of application. no concurrency credit shall be issued and the proposed use shall be subiect to concurrencv evaluation. (b) The impact of such change. redevelopment or modification shall be measured in terms oflevel of service criteria including. but not limited to. vehicular trips per day. estimated increases in water and sewer flows. increases in resident population. increases in on-site impervious surfaces. and estimated solid waste generation. City of Winter Springs Ordinance No. 2001-39 Page 6 of 16 (c) The burden is on the applicant to provide reasonably sufficient evidence that the orevious use has been actively maintained on the site during the six (6) month period orior to the date of aoolication for the concurrency evaluation. Such evidence may include utility records. records reflecting the use sought to be proven. and other relevant documents. An occupational license is not of itself sufficient proof of a particular use. but may be used to suoport other evidence of a use maintained on a site. Sec. 9-505. Demolitions. In the case of a demolition of an existing use or structure. the concurrency evaluation for the redevelooment shall be based upon the net increase of the impact for the new or prooosed land use as compared to the most recent land use existing orior to demolition. provided that such credit is utilized within six (6) months of the date of the issuance of the demolition oermit. Such credits are non-transferrable. Sec. 9-506 to 9-509. rReservedl Division 2. Level of Service Standards (LOS) Sec. 9-510. Introduction. The levels of service set forth in this Division 2 are intended to be the minimum levels of service which are acceotable under the City's Growth Management Policies for: (1) potable water: (2) solid waste: (3) wastewater: (4) parks and recreation: (5) storm water: and (6) transportation. The City shall monitor compliance with the minimum levels of service set forth in this Division by ensuring that public facilities and services needed to support develooment are available concurrent with the impacts of develooment. as reQuired by law. Sec. 9-511. Potable Water LOS City of Winter Springs Ordinance No. 2001-39 Page 7 of 16 . rReservedl Sec. 9-512. Solid Waste LOS rReservedl Sec. 9-513. Wastewater LOS rReservedl Sec. 9-514. Parks and Recreation LOS A oarks and recreation concurrency evaluation shall be required for any residential development on a citywide and per development basis. Citywide minimum levels of service for parklands shall be determine on a two level basis for community oarks and neighborhood parks. In addition to the cityWide minimum levels of service. new residential develooment shall supolement the system of neighborhood parks and recreation services by providing parklands (or fees in lieu of) consistent with the level of service criteria and requirements established for parks and recreation under the City's Comprehensive Plan and this section. (a) The oarks and recreation level of service standards for community parks shall be monitored by the City through concurrency evaluations to ensure that the minimum level of service standard for cityWide community parks remains at or above 1.6 acres per 1000 oopulation. In performing the concurrency evaluation for community parks for a orooosed residential development. the Development Review Committee shall determine the number of acres of community parkland which would be necessary to serve the number of cityWide dwelling units existing or approved prior to the development plus the number of proposed new dwelling units. If the development satisfies the level of service standards for community oarkland. then the development shall be deemed concurrent for community oarks and a certificate shall be issued consistent with section 9-533 ofthis City of Winter Springs Ordinance No. 2001-39 Page 8 of 16 .. Article. If a residential development causes or continues to cause the level of service for community parks to be not concurrent. the developer shall pav the City a fair share communitv parks and recreation impact fee. as established by the City Commission by resolution. All such fees collected shall be allocated and appropriated to the City's recreation budget to be expended to enhance the City's community parks system with Priority given to expend such funds to acquire parkland. (b) The parks and recreation level of service standards for neighborhood parks shall be based on the application ofthe level of service standards established for each residential development by particular region of the City as follows: Northwest region - 5.9 acres per 1.000 population South-central region - 5.3 acres per 1.000 population Southeast region - 6.9 acres per 1.000 population In performing the concurrency evaluation for neighborhood parks and recreation for a proposed residential development. the Development Review Committee shall determine the number of acres of parkland which would be necessary to serve the number of dwelling units on-site (minimum one- half (.5) acre). If such amount of parkland can be provided while meeting the level of service standards set forth in this section. then the development shall be deemed concurrent for parks and recreation. If such amount of parkland can not be provided while meeting the level of service standards set forth in this section. then the development shall be deemed not concurrent for parks and recreation and a certificate shall not be issued. However. if a development can not provide the required on-site parkland. the Development Review Committee shall permit the developer to satisfy the parks and recreation standard by providing a combination of on-site and off-site parkland and City of Winter Springs Ordinance No. 2001-39 Page 9 of 16 ,. l' a fair share neighborhood parks and recreation impact fee as established by the City Commission by resolution. In such cases. the Development Review Committee shall require on-site parkland to the maximum extent feasible and practicable. off-site parkland shall be located in the same region as the proposed development. and said impact fee shall only be paid if on and off site parkland can not be provided as reauired herein. Any and all such fees collected shall be allocated and appropriated to the City's recreation budget to be expended for public recreational purposes and priority shall be given to expend such funds to acquire parkland. At such time the development satisfies the level of service for parks and recreation. a certificate shall be issued consistent with section 9-533 ofthis Article. with the condition that the necessary parkland and recreational services (including any impact fees) shall be in place or paid when the impacts ofthe development occur or shall be guaranteed to be in place through an enforceable development order or agreement not more than one year after the issuance of a certificate of occupancy or its functional equivalent. (c) For purposes of determining levels of service for parks and recreation facilities within the City under this section. the term "parkland" shall mean a public or private use of land that is dedicated or exclusively set aside as a neighborhood or community recreational area including. but not limited to. a playground. playing field. swimming pool. . tennis court. fishing hole or pier. nature trail. landscaped city sauare or green for the pursuit ofleisure activities. stadium. conservation area suitable for passive recreation. water sport area. or other similar tyPe areas suitable for bona fide recreational activities. A storm water retention pond shall not be considered parkland unless the retention pond includes uplands suitable for bona fide recreational activities or incorporated by design into a bona fide recreational area (e.g.. a place to install a water fountain and littoral plantings City of Winter Springs Ordinance No. 2001-39 Page 10 of 16 '~ - in a park like setting). If a storm water retention pond is used for parkland purposes. the pond shall include abutting uplands for park PUlposes at least eaual to the size of the pond and the pond shall not be fenced and shall be designed in a safe manner to protect the public (e.g.. gradual pond slopes). All parkland required by this Article shall be a minimum of one-half (,5) acre. (d) For pumoses of complying with the concurrency requirements of this section. properties zoned Town Center on June 1. 2000 shall satisfy concurrency by providing the parkland reauired by the Town Center Zoning Code and applicable development agreements. Sec. 9-515. Storm water LOS fReservedl Sec. 9-516. Transportation LOS fReservedl Sec. 9-517 to 9-529. fReservedl Division 3. Concurrency Administration. Sec. 9-530. Development Review Committee. The Development Review Committee shall review each completed application for a concurrency certificate or preliminary review and determine. as soon as practicable. whether the application is sufficient. Sec. 9-531. Concurrency Review. No application shall be deemed sufficient unless it contains all information which. in the professional iudgement of the Development Review Committee. is reasonably necessary to evaluate the impacts of the proposed development on the public facilities and services subiect to review under this Article. During the review process. the Development City of Winter Springs Ordinance No. 2001-39 Page II of 15 _L ., . Review Committee shall either deny. approve. or approve with conditions. the application for a concurrency certificate. Sec. 9-532. Conditional Approvals. If the Development Review Committee determines that the application can be approved with conditions. the Development Review Committee shall recommend to the city commission a written concurrency agreement. The applicant may accept the conditional approval by written concurrency agreement approved by the city commission. or the applicant may consider the application denied. in which case the applicant may appeal the denial to the city commission. When the Development Review Committee recommends and the city commission approves any conditional concurrency agreement. the city commission. with the recommendation of the Development Review Committee. may prescribe appropriate conditions and safeguards in conformity with the intent and provisions of this Article. including any of the following: (a) Limit the manner in which the use is conducted. including restricting density and intensity of the use. (b) Limit the height. size. location. density or intensity of a building or other structure. (c) Require phasing of the proiect. (d) Designate the size. number. location or nature of vehicle access points. (e) Increase the amount of street dedication. roadway width. or require construction of road improvements within the street right-of-way. (f) Protecting existing trees. vegetation. water resources. wildlife habitat or other significant natural resources. (g) Specify other conditions to permit development in the City in conformity with the intent City of Winter Springs Ordinance No. 2001-39 Page 12 of 16 flit . " and purpose of this Article and the adopted City Growth Management Policies. All conditional approvals shall be incorporated in a written development agreement which shall be subject to City Commission approval. Sec. 9-533. Concurrency Certificate. A Concurrency Certificate is a "snap shot" of available capacity for each public facility. evaluated under this Article. at the time the certificate is issued. The Concurrency Certificate does not guarantee capacity in the future or encumber or vest capacity for any period of time. At a minimum. the Concurrency Certificate shall contain: .L Name. address. and telephone number of the applicant and property owner. 2. Parcel J.D. number and legal description. ~ Date of issuance. 4. Proposed use(s) by land use category. square feet. and number of units. ~ Phasing information by proposed uses. square feet. and number of units. ifapplicable. 6. Total current available capacity within service area(s). 7. Project impact based on LOS Standards. A Concurrency Certificate shall expire one (1) year after issuance unless the applicant commences construction ofthe development under a validly issued building oermit. A one (1 ) year extension may be granted by the Development Review Committee provided circumstances have not adversely diminished the capacity of public facilities and services to support the development. The development shall be subject to a new concurrency evaluation. Division 4. Aooeal Procedures. City of Winter Springs Ordinance No. 2001-39 Page 13 of 16 .. ." Sec. 9-540. Notice of Appeal. The applicant may appeal the denial ofa certificate of concurrency by the Development Review Committee by filing with the city mana~er a written notice of appeal within fifteen (15) days after the date ofthe concurrency denial. Sec.9-541. Appeal Notice and "earine:. Upon receipt of a written notice of appeal. the city manager shall schedule the matter for consideration by the city commission within thirty (30) days after the appeal is filed. The city clerk shall notify the applicant of the day of the city commission hearing at least ten (10) days in advance of the hearing. Prior to the hearing. the city manager shall provide the city commission with all information submitted to the Development Review regarding the subject concurrency application on appeal. The final decision on the concurrency application shall be vested in the city commission. The city commission shall have the right to deny. approve. or approve with conditions any concurrency application considered under appeal in conformity with the intent and purpose of this Article. Sec. 9-542. Appeal of City Commission. A final decision of the city commission on a concurrency application shall be subject to judicial review as provided by law. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. Incorporation Into Code. This ordinance shall be incorporated into the City of Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or City of Winter Springs Ordinance No. 2001-39 Page 14 of 16 -.. ./ provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity ofthe remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of ,2001. PAUL PARTYKA Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: ANTHONY A. GARGANESE City Attorney First Reading: Second Reading: City of Winter Springs Ordinance No. 2001-39 Page 15 of 16 -,- .. .J ............ Effective Date: F:\DOCS\City of Winter Springs\Ordinances\e-mail ordinance.LOS City of Winter Springs Ordinance No. 2001-39 Page 16 of 16 " J' ~ il , i " '''''''''~~''.. ().JSfY!)CfV/~ STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS , " G~ ,. ,: TERRY SCARLATA, ~ .,',' .., ~ ;O.~-;, / /.7.... & , "..../, /' ~"'/ ' "..- ":.:,,' ~ . /". ~., ';~'.' 'i.'", ~ ,;...): .-:. (. .' ..;;:, " Petitioner, ,-J 'C' vs. DOAH Case No. 00-0698GM CITY OF WINTER SPRINGS and DEPARTMENT OF COMMUNITY AFFAIRS, Respondents. . / DEPARTMENT OF COMMUNITY AFFAIRS' NOTICE OF FILING STIPULATED SETTLEMENT AGREEMENT AND MOTION TO STAY PROCEEDINGS COMES NOW the Petitioner, Department of Community Affairs, by and through undersigned counsel, to: 1) give notice of filing a Stipulated Settlement Agreement between the parties hereto, p-ursuant to Section 163.3184(16), Florida Statutes; and 2) move the Administrative Law Judge to issue an Order staying these proceedings, pursuant to Section 163 .3184( 16)(b), Florida Statutes. WHEREFORE, Petitioner requests the Administrative Law Judge issue an Order staying these proceedings in accordance with Section 163 .3184( 16)(b), Florida Statutes. ~ '\"\A., Respectfully submitted this I B day of June, 2001. =--<~~~ Andrew S. Grayson I Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 488-0140 Fax: (850) 488-0410 ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished on~;~' this JQi~y of June, 2001, by the method indicated below. <:::...."" AQ~)?r Andrew S~Grays - ! ! Assistant General Counsel - By U. S. Mail: Ms. Terry Scarlata 1006 Nancy Circle Winter Springs, FL 32708 By Facsimile: Anthony A. Garganese, Esquire Amari & Theriac, P .A. Mariner Square 96 Willard Street, Suite 302 P. O. Box 1807 Cocoa, FL 32923-1807 Fax: 321-639-6690