Loading...
HomeMy WebLinkAbout1998 11 09 Regular Item A COMMISSION AGENDA ITEM A Consent Informational Public Hearing Regular X November 9, 1998 Meeting j.lwA Mgr. / Authorization ~ REQUEST: The Community Development Department - Planning Division requests the Commission hold a first reading of proposed Ordinance 707 to establish the Town Center Zoning District boundary and adopt the Town Center District Design Code for the City's new Town Center. PURPOSE: The purpose of this agenda item is to requests the Commission hold a first reading of proposed Ordinance 707 to establish the Town Center Zoning District boundary and adopt the Town Center District Design Code for the City's new Town Center. This Design Code will become the development code for all areas within the Town Center district. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3167(11) F.S. which states "Each local government is encouraged to articulate a vision of the future physical appearance and qualities of its community as a component of its local comprehensive plan. The vision should be developed through a collaborative planning process with meaningful public participation and shall be adopted by the governing body of the jurisdiction. " Policy 3c. under Objective A of the Traffic Circulation Element of the City's Comprehensive Plan which calls for the creation of a "Town Center" to serve as a primary civic, business and service focus for the City". In 1995, the City Commission approved the preparation of a S.R 434 Corridor Vision Plan that would include a "Town Center" NOVEMBER 9,1998 REGULAR AGENDA ITEM A Page 2 CONSIDERATIONS: . The City Commission at its September 8, 1997 meeting adopted Ordinance 676 instituting the Town Center Overlay Zoning District Regulations (Design Guidelines). Ordinance 676 is repealed by the adoption of Ordinance 707 "The Town Center District Design Code" . . On January 12, 1998, The Commission authorized the City Manager to enter into a contract with Dover, Kohl & Partners to prepare a two phase Town Center Development Plan. . On February 11, 1998, Dover, Kohl & Partners held a "Kick Off' presentation at City Hall, followed by two workshops "Preliminary Concepts" on February 17th and "Work in Progress" on February 20th. . On March 23, 1998, the Commission approved the Winter Springs Town Center Design Concept and authorized Dover, Kohl & Partners to proceed with Step II of their contract. Step II required the consultants to prepare a "prescriptive graphic code" for the Town Center. . City staff has reviewed the Town Center District Design Code and made recommended changes, which were incorporated into the document. . The City Commission on September 28, 1998 conducted a workshop with Dover, Kohl & Partners on the Town Center District Design Code and the Town Center Zoning District boundary. PLANNNING & ZONING BOARD / LPA RECOMMENDATION: At its November 4, 1998 meeting, the Planning and Zoning Board/Local Planning Agency reviewed and recommended the City Commission approve the Town Center District Design Code, based on findings offact, with the suggestion that ". . . . there ought to be some guidance to the public as to what are 'permitted uses'. . .." [see minutes of the Planning & Zoning BoardILocal Planning Agency dated November 4, 1998, attached] STAFF RECOMMENDATION: Staff recommends the Commission approve the first reading of Ordinance 707 and hold a second reading and public hearing to adopt Ordinance 707 on November 23, 1998. NOVEMBER 9, 1998 REGULAR AGENDA ITEM A Page 3 ATTACHMENTS: . Ordinance 707 · Letter to Charles Carrington from A. C. Leardam ofEuroCapital Partners dated October 29, 1998. · Memo to Ron McLemore from Bob Guthrie dated October 29, 1998. · November 4, 1998 minutes of the Planning & Zoning Board/LP A (partial) COMMISSION ACTION: ORDINANCE NO, 707 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRlNGS, FLORIDA ESTABLISHING THE "TOWN CENTER" ZONING DISTRICT DESIGN CODE TO BECOME PART OF CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRlNGS;. PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, 163.3167 (11), Florida Statutes, encourages local governments to articulated a vision of the future physical appearance and qualities of its community. . ."; WHEREAS, the City, ill accordance with 163.3167(11) F.S. has developed a collaborative planning process with meaningful public participation in the development of the concept and design code for the Town Center Zoning District; WHEREAS, the Planning and Zoning BoardILocal Planning Agency has reviewed the concept and design code for the Town Center Zoning District and has recommended to the City Commission adoption of same; NOW, THEREFORE, BE IT ORDAINED that the City Commission of the City of Winter Springs, Florida, hereby adopts the Town Center District Design Code and establishes the Town Center District bOlmdaries which will to become part of Chapter 20 of the Code of Ordinances of the City of Winter Springs. The Town Center District boundaries are as illustrated on the following map: !..... LAKEJESUP .. .' '.\ ", '.~. ,. .:~ SECTION I REPEAL. This docmnent repeals the Town Center Overlay Zoning District Regulations of September 8, 1997 (Ordinance 676). Should any conflict arise between the provisions of this Code and other local land development regulations for the city of Winter Springs, the provisions of this Code shall apply. SECTION II SEVERABILITY. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. SECTION ill EFFECTIVE DATE. This Ordinance shall immediately take effect upon adoption, with a quonun present and voting, by the City COlmnission of the City of Winter Springs, Florida, this 23rd day of November, 1998. PAUL P. PARTYKA, MAYOR CITY OF WINTER SPRING ATTEST: MARGO PIERCE, CDC, CITY CLERK CITY OF WINTER SPRINGS FIRST READING POSTED SECOND READING AND PUBLIC HEARING .1"fX. . ~.t;~r~.~'. 1. ~., .,.. .. .. {...: '~'. .'" '. '. i'!;)~:' :':.: .. . :.:'" ',= ~.:; n'" -- 2 i(.~qf.1 d l. ,: , '.. -. .-, EuroCapital Partners CITY Or.,. ,.,:. " ComolunItY [;c~;:,;.,~!.;:;,,_;:t 175 Lookout Place · Suite 201 · Maitland, Florida 32751 407/645-5244 . Fax 407/645-3804 I October 29, 1998 City of Winter Springs Mr. Charles C. Carrington, AICP Community Development Director 1126 East S.R. 434 Winter Springs, FL 32708 RE: Springs Land/JessupShores 1. V Dear Charles: The undersigned Euro American Investors Group represent Springs Land Investments Ltd. and Jessup Shores, Ltd. as the general partner of these two partnerships. Both partnerships are the legal owners of two tracts ofland along 434, directly across the public park. For your information we have included a plan representing the subject land marked as parcels A, Band C. A couple of days ago we took notice of a revision of the Town Center District. It appears that parcel C, which is currently owned by both partnerships, is now included within the Town Center District. Although there were conversations a couple of weeks ago pertaining to whether this parcel should be included or not, we never have given permission for this parcel to be included within the Town Center district. We would consider parceI.C to be included however, in order to do this the following needs to happen. The general partner needs to advise the limited partners on any decision relative to parcel C. After this has been established the general partners is authorized to represent the limited partnerships on this issue. Unfortunately the timeframe between publication, Sunday October 25th and the City Comission hearings on November 9 and November 23, does not leave sufficient time for the general partner to go through the procedures as described in the foregoing. Therefore we respectfully request parcel C to be withdrawn as part of the Town Center District. Nevertheless we would be interested to explore the possibilities of a later "annexation" of parcel C within the Town Center District. European Office Located In The Netherlands -2- We hope that you are able to accommodate our request since a misunderstanding about parcel C has put the general partner in a precarious position relative to the limited partners of both partnerships. At the next public hearing on November 4, Mr. Alan M. Whitney, who is the Vice President of Sunbelt Investors Group, Inc. which is the general partner ofEuro American Investors Group, will be available to answer any questions relative to parcel C. We apologize for this inconvenience but as of this time we do not see any other alternative. A. . Leerdam as President of Sunbelt Investors Group as general partner ofEuro American Investors Group. Enclosure: As indicated ACUcve C:\ WP60\sljs\L-981 029.CWS . ~:::.::: ".) .'>\/::i~'::::sf}.~L~'~.~~~..::.'~::~ :/'.;:<~;:: \ ."~.." . ~_..T...T ii } ( ~ ~ . I . \ ! ~..',. ./ .~~ l~.. ill '-~-s~~ J ~I....-,I:. 1"'A,~,...~i:)~ \.1 \. ..,<:D......: ~. .. ;V, .; :. 1\ . \...~ -..i..-:!./' ~.. y c. ~ . I) II. . 'I - .- -.-..:-.-.-t= -.-.-- "~~:d:~~:i:ii~~"i--'-'-' . t 1. . .-r -:- -: - - - .., .....:.J:.. - -.- - -1- ---.~---- --.- --- ----- -:... "':'" -------- :____J,J...;;!JL:J!____-:~~.-~.-' . ". . . _:c...,......"'.........., '. ..,. ,", . . .. . . l(.ln I 0" , , . .... . .:... :'; J. . . rJ { ~>i.::, ::....._/. 'f:~" :1 . .T:./.j. .;), ~.~. :" IT: :{C~J . if):1 :,;t':. r": .~/.:.::.; v:~~.'.~~.~ . ~:" o. 1 , . r. '10, i. . .::.' i.: ,'j f. ',I ": !; .0,,1 i"crc&1 ll:>> .... ,.' ",. . . ..'. ',:: :.:', ::'.'~ ~:i~ 1::~.;~' ~ :.:: -.'. " ~)~ij;.};;.~/ ;)!:;;:, :~?!:;t ;:.~?:.:;;::::/~:.:\:> ;.: "~/:\~.:;;:\:\~';?~:~:?~~::: ::~:;.: . :.::. :.~:!. >. . . '. I .,. .. '~"~ ,. ....... .' . . :~.~~~~. '0" . ~.::": ,0 "I~'~ ~...\. \ . .; I"'~'" . II"....'. "....en :J.:UI ",:"'w . ::: ...n. ......u.....-- . .._..,n, .._.r'.-.... ._.....flU -....."... I.......,..."." 111,:"".......-..:.... . h._..... ........"u ...:"'...........tr... . , ..:.......,''11W '. _....u.... ....-c.""'....".... .n...... ......n. -::""Ca.LI .....n......:..... . ......,~...C-.. '0' . ..,"'...:........i...'....nu . . uh~!.J:"W " "."foO"" ~1.IlJ.lJ .;I-W"C.v .' . t...u . ._:''Y..... : ;::.~ ;~~..~".....;.... "~n :;.~:. '... -. ...,.". .n...... ......... ,.u.... ~.~ .,.ou' .~::,.....~. ." ,..._.n.......h.....~..lo1 ....'.....n.. h""....... tlt.u :'.hll .:.:,..:o..u ,",,..... .' IJ"I..... l..'t..~u I.:..t.... ..,...~....'.....".,.t..."'_....I."'"_.II....f.. _.u ......._".. ,__'v.-.c. ::001......,""'.......... ....,..........1......'::11 .-........:........, .\ , ,- --,. ICl""CC"'.. W''''''C1~~? G,.OG",. >' 'S.".Cc.CD..r.~ C. . Dr.'') .!4.ceo .,t. v' J ------------ \.---------I:.:~I~. - _., ~ _,..__ ~____ -----.-/':-, . . I'.~.' .... .... p ...~~ :'.'.~;;.::r . ..,"':..1U'''''.' ......1.."...... "., II CI:)NC-E PTUAL PLAN 'II'I~I'':' LAW OFFICES FRANK KRUPPENBACHER A Professional Association Fraclc. Kruppenba~ Robert p. Guthrie P.O. Box 3471 Orlando, Florida 32802.3471 105 E. Robinson Street, Suite 201 Orlando, Florida 32801-1622 Telephone (407) 246..()200 Facsimile (407) 426-7767 .,I.bc A.dmi1l~ in Colo,rado MEMORANDUM TO: Ronald W. McLemore. City Manager DATE: October 29, 1998 FROM: Robert D. Guthrie, City Attorn RE: A. C. Leerdam Summary Memorandum This is intended to summarize the attached memo regarding the Leerdam property. The proposed Town Center Development Regulations would apply to the property, when adopted. However, application of these regulations could not serve to alter vested land uses or density/intensity of development conferred by the Vested Rights Special Use Permit No. 93-02. On the other hand, certain criteria in the proposed Town Center regulations might well, when applied to specific development such as multi-family dwelling uses, actually increase allowable densities on the property. S/2'd JSS~ ~ ~3~eN3ddn~~ Wd9~:2~ 86, 621JO LAW OFFICES FRANK KRUPPENBACHER A Professional Association Frank Kruppenbach.er"' Robert D. Guthrie P.O. Box 3471 Orlando, Florida 32802-3471 105 E. Robinson Street, Suite 201 Orlando, Florida 32801-1622 Telephone (407) 246..0200 Facsimile (407) 426-7767 · Also Admittlld In Colomlo MEMO TO; Ronald W. McLemore, City Manager Robert D. Guthrie, City AttomW October 29, 1998 FROM: DATE: RE: A-C. Leerdam Propeqy You requested that I review the issue of the effect of the adoption of the Town Center Development Center Regulations on the referenced property (depicted generally on the map attached) in light oftbe following: 1. Vested Rights Special Use Pennit No. 93-02; 2. Second (2nd) Amended Agreement The Vested Rights Special Use Permit No. 93-02 (Vested Rights Permit) established and recognized certain things regarding the property described in the Vested Rights Pennit. These items are listed below. This memorandum is a summary of the Vested Rights Pennit. This summary does not expand or diminish rights conferred in the Vested Rights Permit. The Vested Rights Permit and supporting materials called "City Approvals" in the Vested Rights Permit define the actual rights conferred by the Vested Rights Pannit. DO remember that this Vested R.it~hls Permit is presently 9Qhodulcd to expire July 21, 1999. These are established and recognizable rights. Development of'the property shall remain subject to the requirements of the Comprehensive Plan and implementing land development regulations e~cept to the extent that the application of such regulations would result in a denial of: A. B. C. The vested land uses~ The vested density or intensity of development; Other specifically vested development entitlements approved in the City Approvals on which the Vested Rights Special Use Permits is based. S/E"d JSS~ ~ ~3HJ~aN3ddn~~ WdLl:Gl 86, 6G LJO It is difficult to analyze the vested nature of the land uses and deositylintensity without a specific development proposal in front of us. Therefore, my conclusion set fortb below must be general since no specific use is before the City for consideration. Conclusion: The Town Center Development Regulation are land development regulations- AB such these regulations can apply to the property subject to Vested Rights Permit under the language of the Pennit. The Town Center Regulations would apply to spatial issues like building size, location, height, signage. parking and other amenities. This application of the regulations would be subject to the vested matters in the Vested Rights Permit. There are some portions of the pending Town Center Design Regulation that would be very beneficial to a property owner proposing a specific development of a multi-family or commercial nature. These include the ability to use market factors and spatial considerations for a site to increase density or square footage. Without a specific development proposal before me. I do not believe that these can be calculated more precisely at this time. c: Charles Caoington S/17'd JSStl '8 ~HJtlaN3ddn~>i Wd~ 1: : 21: 86.. 62 1JO . . . ( , , t ., 16:137 ,C1 14B732771se WINTERSPNGS PAGE E13 ,.., .. :0 ;j~ ~ 86. 62 1:)0 ~>1 Wd2.t:2t ~""HJl::l8N3dd JSSl::l '8 <;L.;I UNOFFICIAL MINUTES PLANNING AND ZONING BOARD/LP A NOVEMBER 4, 1998 - REGULAR MEETING I, CALL TO ORDER Pledge Of Allegiance The Planning and Zoning BoardlLPA meeting was called to order Wednesday, November 4, 1998 at 7:00 p.m. by Chairman Tom Brown in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Tom Brown, Chairman, present Carl Stephens, Jr., Vice Chairman, present Marc Clinch, absent Bill Fernandez, present Rosanne Karr, present Also Present Charles C. Carrington, AICP, Community Development Director Tom Grimms, AICP, Comprehensive Planning/Zoning Coordinator II, REGULAR AGENDA (ITEMS BAND C FROM THE AGENDA) B, Town Center District Design Code With consensus of the Board, it was agreed to allow Tom Grimms, AICP, Comprehensive Planning/Zoning Coordinator to speak first, then allow public input. Mr. Grimms began his discussion by reviewing the Staff Report in the Board's agenda packet. Mr. Grimms read the Considerations, which outlines dates that the City Commission made pertinent decisions with regard to the Town Center. Mr. GrimIns informed the Board that they are at a point where the Board would give their recommendations to the City Commission. He further informed the Board the meeting was dually advertised and will go before the Commission for the first reading on Monday night, November 9, 1998. Chairman Brown stated that he had a copy of the advertisement in front of him to confirm Mr. Grime's statements. He further stated that he attended a Joint Workshop between the City Commission and the Planning and Zoning/LP A on September 8, 1998 and that the necessary details from the meeting do appear in the report that was given to the Board in their agenda packets. Chairman Brown then opened the meeting for Public Input. MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4,1998 - REGULAR MEETING PAGE 2 OF 7 Mr. Alan Whitney, representative of Springs Land/Jessup Shores Joint Venture, of Maitland, stated the Company's objection to their property being included in the Town Center Design. He further requested a delay in passing the Design Code to have time to consult with their Partners and study the impact the Zoning Ordinance would have on their property. Mr. Gimms stated the meeting was dually advertised and included the map. He said the decision to approve or disapprove the Town Center District Design Code will not be made until November 23, 1998 by the City Commission and will afford the company some time. Charles C. Carrington, AICP, Community Development Director, informed the Board he had received a letter from Mr. Lerner, representative of Springs Land/Jessup Shores Joint Venture, and that it was his understanding that Mr. Lerner had asked that the particular piece of property be included. Mr. Carrington further told the Board he had spoken to the consultants and amended the map according to what he assumed Mr. Lerner requested. He further illustrated that the company will have ample opportunity to evaluate the advantages of being included in the Town Center. Michael Grindstaff, Attorney representing Schrimsher Properties, requested a delay in the consideration of the Town Center Design Code and any action taken relating to the Code for atleast thirty days. Mr. Grindstaff stated the reason for the request was to have more time to evaluate what has happened with their Development Agreement and the changes taking place due to the fact that the Scrimsher property is included in the Design Code map. He passed out a copy of the minutes from the City Commission of June 9, 1997 that deals with this issue. Mr. Grimms explained to the Board that what is before them now is a Town Center Zoning District to replace the Overlay Zoning District passed in June, 1997, not a Town Center Overlay Zoning District. Mr. Carrington informed the Board that there are two issues: The consideration of the Zoning Text Amendment and Zoning Map Amendment. He explained that the Zoning Overlay District relates to signs, landscaping and a variety of things. Before the Board now is a Zoning Map Amendment to create a new Zoning District in the City. He further explained that the properties contained in the Town Center District will no longer have the zoning classifications they had as of this day. Mr. Grimms stated an agreement could not be reached between the City and Mr. Schrimsher and that there is no signed Development Agreement. Mr. Carrington informed the Board that according to the motion made in the June 9, 1997 City Commission minutes, none of the Schrimsher Property will be included in the Town MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4, 1998 - REGULAR MEETING PAGE 3 OF 7 Center Overlay Zoning District unless a Development Agreement is signed. He stated the Schrimsher property was not included in the Overlay District that was adopted in 1997. Board Member Fernandez pointed out that the Schrimsher property was now inside the border in the Zoning Map Amendment. Mr. Carrington responded that if there is confusion, the proper way to defer it is when it gets to the second reading before the City Commission and that it will be the Commission's discretion. Michael A. Schrimsher, Schrimsher Properties, spoke about his objections to being included in the Town Center. Continued discussion between the Board, Mr. Schrimsher, Mr. Grindstaff, Mr. Grimms and Mr. Carrington. Juanita Blumberg, 1130 E. St. Rd. 434, spoke about contacting the property owners involved directly to inform them of upcoming meetings and giving the Schrimshers thirty more days. Ms. Blumberg asked if there is any document that defines the "allowed uses" in the new Zoning Classification. Mr. Grindstaff and Mr. Schrimsher also spoke about "allowed uses" and large buildings being allowed. Mr. Carrington, in response, stated that while the Town Center is not designed for large buildings, there is a provision that will allow it, if approved by the City Commission. Mr. Carrington also replied that "almost any use you can imagine is allowed in the Town Center" at a greater density than what is currently allowed. He went on to say the Town Center is "market driven" and the uses will be determined by a market study. Mr. Grimms added that the citizens of Winter Springs did not want "strip malls", but wanted something "different". Mr. Schrimsher spoke about market studies and property values. Mr. Grindstaff asked Mr. Carrington what the description of "permitted uses" is. Mr. Carrington responded that the gentleman to ask that question to would be Victor Dover of Dover, Kohl and Associates, as they wrote the Code. Mr. Carrington also explained how the market study was done and that there will be a future market study that is much larger. MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4,1998 - REGULAR MEETING PAGE 4 OF 7 Chairman Brown asked the Staff to clarify what the City Commission's action of September 8, 1997 was, and if the Commission had already accepted and adopted the Town Center Overlay Zoning District Regulations. Mr. Grimms responded by saying that the action is the intent of the City Commission to work with Dover, Kohl and Associates and that the Commission gave Dover, Kohl and Associates the direction to come up with a "graphic design" oriented Code for the development of the Town Center. Board Member Karr asked Mr. Grindstaff what he (Schrimsher Properties) hopes to accomplish with a thirty-day extension. Mr. Grindstaff replied that they would like to have a better understanding on what is happening and what happened to the Development Agreement. Mr. Grimms again stated that this matter is more of an issue for the City Commission. He added that the Planning and ZoninglLP A Board is looking at the content of the Design Code and the intent of the Town Center is to allow for much flexibility in development. Ms. Blumberg wanted to clarify that from the beginning the City Staff and Dover, Kohl and Associates have made the flexibility and higher densities clear. She added that these issues need to be put in writing. Chairman Brown stated that he had asked the same question at the recent Workshop and that it is "generically" defined. Mr. Whitney asked about public notice ofthe meetings. Board Member Fernandez asked Mr. Carrington if he would be correct to say that the City Commission will consider the Town Center District Design Code on Monday night (November 9, 1998) whether the Board recommends approval, approval with modifications or denial, even if the Board requests it to be sent back for additional information. Mr. Carrington stated that Board Member Fernandez is correct and that the City Commission can differ or postpone the Town Center District Design Code. Board Member Fernandez re-emphasized the Board is not in a position to recommend a continuance. He also stated that the boundary lines can be amended even after the first reading by the City Commission if the Commission chooses. Mr. Carrington explained that under the State Statutes the boundary, as advertised, may be reduced but cannot be enlarged. MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4, 1998 - REGULAR MEETING PAGE 5 OF 7 Board Member Fernandez asked the City Staff if the Board is sitting in their capacity as Planning and Zoning Board in making the determination on the Town Center Zoning Design Codes. Mr. Carrington said yes, the Board, as the Planning and Zoning Board, is making the determination on the District Language and the Map Amendment. Board Member Fernandez said they do not have to take testimony under oath and asked if the Board needs to make "findings of fact". Mr. Grimms stated he tries to encourage the Board to make findings of fact when appropriate and if possible. Motion by Board Member Fernandez: "Then at this point, I would recommend to the City Commission, and I am so moving, that they approve this Town Center District Design Code as well as the Map Amendment. Based on the fact that I have, as myself, also attended the Public Hearings, I have heard the input from the Citizens that we are not looking for "strip shopping centers", That is a finding of fact, that this has been reviewed, that the consultants have recommended it. I am, however, open to the input received this evening; that the permitted uses: and I note on page 10, Market Square, Note D3; Magnolia Square, page 11, Note D3; Hickory Grove Park, page 12, Note D2; page 13, Southeast Neighborhood Square, Note D2; Orange Avenue Park, page 14, Note D2; and page 15, Main Street, Note D3; as well as State Road 434 Frontage Road on page 16, Note D2; again, Urban Boulevard, page 17, D2; Town Center Street, page 18, D2; Edge Drive, page 19, D2; Neighborhood Street, page 20, D2; Cross Seminole Trail, page 21, D2; Neighborhood Lane, page 22, D2; everyone of those says "all permitted uses allowed on all floors" in those Districts, And I do believe that this Legislation, and I'm recommending to the City Commission, and whether it be a finding of fact or not, that there ought to be some guidance to the Public as to what are "permitted uses", If it is "all legal uses allowed on all floors" so be it, All "legal uses in Seminole County", "all legal uses in the State of Florida", "all permitted uses,..", Again, if there is a specific definition, then I recommend that in the Definitions stages up here, up front where I saw it on page 4, Definitions III, that they include what they mean by "permitted uses", If that be "legal uses", then that be included, In any event, based on the status of this matter, as it has been today, the Public Input that I have personally heard and various meetings, the Public Input received this evening, I recommend approval to the City Commission and giving due deference to the Schrimsher Properties and the other Property Owners to take into consideration their request for additional time to meet with the City, With those recommendations, I recommend approval", Seconded by Board Member Karr, Board Member Stephens, Jr, asked for more information on Florida Statutes 166, Mr, Grimms explained the Statute, which has MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4,1998 - REGULAR MEETING PAGE 6 OF 7 to do with the advertising notices, He stated he was very confident the requirements have been met and that the Assistant City Attorney, Bob Guthrie, has reviewed the notices for this meeting and for both the first (November 9, 1998) and second reading (November 23, 1998) of Ordinance 707 and expressed his confidence, Board Member Fernandez stated "I do believe that this Town Center Design does articulate a vision that this community wishes to have for the future physical appearance and qualities in this Town Center and that is a specific finding of fact that 1 would like to add in support of my motion for approval", Vote: Carl Stephens, Jr,: aye; Bill Fernandez: aye; Rosanne Karr: aye; Tom Brown: aye. Motion passed, Chairman Brown wanted to thank everyone for their input. He also requested that a tape ofthis meeting be given to the City Commission for the November 9, 1998 meeting. Mr. Carrington stated that a special effort was going to made and the completed minutes will be given to the City Commission in enough time to read. B, Proposed Large Scale Comprehensive Plan Amendments in response to the P-2000 Application LG-CP A-2-98 LG-CP A-3-98 LG-CP A-4-98 Mr. Grimms informed the Board that the Staff is trying to improve their chances in respect to the application for P-2000 grant monies to aquire open space within the Town Center. He explained that in order to do this, the Staff is developing new policy statements that will meet the review criteria for the Board. Mr. Grimms wanted to emphasize that he spoke to Keith McKaren, who is one of the staff members of the P- 2000 program, and he pressed Mr. McKaren to come up with language and received the verbiage. He mentioned to the Board that Mr. McKaren was one of the people who reviewed the City's application last time and will be reviewing the City's application this time, therefore Mr. Grimms "has a certain confidence about what he is saying" He told the Board that these are the new policy statements that the Staff is proposing to be included in the City's Comprehensive Plan "with an eye directly towards increasing our chances of getting a higher rating in the P-2000 grant application this time around in Spring and getting monies". Board Member Fernandez wanted to clarify three additional pages that were not sent out with the original and should be put on the end. He also asked if there was anything the Board should know. Mr. Grimms said not especially, to take it at face value. He added that Mr. McKaren spoke about specific things for the Land Development Regulations that he wanted in the MINUTES PLANNING AND ZONING BOARD/LPA NOVEMBER 4, 1998 - REGULAR MEETING PAGE 7 OF 7 Comprehensive Plan. He said the Staff is looking forward to having to make changes in the Land Development Regulations. The Board discussed when they were going to adopt Land Development Regulations. Mr. Grimms informed the Board they will be revisiting it in the beginning of next year. Board Member Fernandez asked if the proposed Comprehensive Plan amendments were dually advertised and noticed. Mr. Grimms stated that they were. Board Member Fernandez noted that everyone that was present earlier in the meeting has left and that there were no members of the Public present for Public Input. Motion by Board Member Fernandez: "Based on the fact that Staff has presented it and recommended it, than I would move that we approve the Proposed Large Scale Comprehensive Plan Amendments in response to the P-2000 application, this specific LG-CP A-2-98, 3-98 and 4-98 as presented and recommend that they (The City Commission) transmit to the Department of Community Affairs, Seconded by Board Member Stephens, Jr, Vote: Tom Brown: aye; Rosanne Karr: aye; Carl Stephens, Jr,: aye; Bill Fernandez: aye, Motion passed, Minutes respectfully submitted by: Amy Lovingfoss, Clerk City of Winter Springs, Florida APPROVED: TOM BROWN, CHAIRMAN PLANNING and ZONING BOARDILP A DOCSlboards/planning/fy9798/minuteslII0498.doc