HomeMy WebLinkAbout1998 11 09 Regular Item C
COMMISSION AGENDA
ITEM C
Consent
Informational
Public Hearing
Regular X
November 9~ 1998
Meeting
V d----.
Mgr. / Dept.
Authorization
REQUEST: The Community Development Department - Planning Division requests the
Commission hold a public hearing to transmit three (3) large scale (text)
amendments (LG-CPA-2-98, LG-CPA-3-98, LG-CPA-4-98) to the City's
Comprehensive Plan to the Florida Department of Community Affairs for review.
PURPOSE:
The purpose of this agenda item is to request the Commission hold a public hearing to transmit
three (3) large scale (text) amendments to the City's Comprehensive Plan to the Florida
Department of Community Affairs for review. These three (3) text amendments address certain
elements in the Florida Communities Trust P-2000 Application that will increase the likelihood of
more points being awarded the next time the City applies for the grant in Spring, 1999.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3184(3)(a) F.S. which state: "Each local governing body shall transmit the
complete proposed comprehensive plan or plan amendment to the state land planning agency, the
appropriate regional planning council and water management district, the department, and the
Department of Transportation immediately following a public hearing pursuant to subsection (15)
as specified in the state land planning agency's procedural rules. The local governing body shall
also transmit a copy of the complete proposed comprehensive plan or plan amendment to any
other unit of local government or government agency in the state that has filed a written request
with the governing body for the plan or plan amendment. II
NOVEMBER 9, 1998
REGULAR AGENDA ITEM C
Page 2
The provisions of 163.3184(15)(b) FS. which state: "The local governing body shall hold at least
one advertised public hearing on the proposed comprehensive plan or plan amendment as follows:
1. The first public hearing shall be held at the transmittal stage pursuant to subsection (3). It
shall be held on a weekday at least 7 days after the day that the advertisement is published.
2. The second public hearing shall be held at the adoption stage pursuant to subsection (7).
It shall be held on a weekday at least 5 days after the day that the second advertisement is
published. "
The provisions of 9J-11. 006(1) FA. C. which state "Each proposed amendment including
applicable supporting documents which include data and analyses shall be submitted directly to
the Florida Department of Community Affairs, Division of Resource Planning and Management,
Plan Processing Team, the appropriate regional planning council, water management district(s),
Department of Transportation and Department of Environmental Protection. Proposed plan
amendments, except those discussed under the exemption provisions of Rule 9J-11.006(1)(a)7.
F.A.C., shall be consolidated into a single submission for each of the two plan amendments
adoption times during the calendar year. The comprehensive plan submitted pursuant to Section
163.3167 FS., shall be counted as one of the two plan amendment adoption times during the
calendar year; however, only the submittal requirements of Rule 9J-11.004 FA.C. must be
followed. "
CONSIDERA TIONS:
· The City staff has outlined a number of parcels in the proposed Town Center for
acquisition as greenspace or trails to be held in public trust by the City or State.
· The City is eligible to receive up to five million dollars ($ 5,000,000) from the Florida
Communities Trust P-2000 Program for the purchase of greenspace and trails. Approval
is based on a points system and is very competitive statewide. The is a required local
match of25% of the grant funds awarded. Under this program, the city would retain
ownership of the land purchased.
· The City staff is proposing to reapply for grant funds under the P-2000 Program to be
applied to acquisition oflands for public greenspace and trails throughout the Town
Center.
NOVEMBER 9,1998
REGULAR AGENDA ITEM C
Page 3
· Below are proposed changes to the City's Comprehensive Plan to address deficiencies in
the responses to the Application Section "Furtherance of Growth Management and
Comprehensive Plan Implementation" [Rule 9K-4.008(1)(a - b), F.A-c.]
· The proposed plan amendments can be processed as the City's Fall Amendment Cycle
1998 by presenting them the Local Planning Agency for a public hearing in October and
later scheduling a public hearing in December by the City Commission to transmit the
proposed amendments to the Department of Community Affairs.
· The City staffhas conferred with Kieth McKarren, P-2000 Program staff member, who
suggested the language of the proposed policies below (bolded):
lNRESPONSE TO (l)(b)3. OF THE P-2000 APPLICATION:
New Policy below to be designated as Policy 3 under Objective C of the Conservation Element.
NOTE: Existing Policy 3 redesignated as 4) and succeeding policies re-designated 5), 6), 7) , 8).
New Policy 3)
There shall be no destruction of vegetative communities, wildlife and wildlife habitat
of those species designated as endangered, threatened or of special concern, The
City itself shall be subject to this same policy statement, There shall be no
destruction of such communities and habitats on city owned property, Due to the
higher intensity of development envisioned for the new Town Center, the City shall
create a Town Center Resources Protection District that will extend to all areas of
the Town Center, In 1999, the City shall develop specific land development
regulations that will ensure resource protection with the Town Center,
IN RESPONSE TO (l)(b)l2. OF THE P-2000 APPLICATION:
New Policy below to be designated as Policy 1 under Objective C, Goall of the Land Use
Element. NOTE: Existing Policy 1) re-designated as 2) and existing Policy 2) re-designated as 3)
New Policy 1)
Historically significant cultural and archaeological sites shall be protected from
development or redevelopment activities as detailed in the City's Land Development
Regulations; By 1999, the City shall prepare and maintain an inventory of
historically significant sites within its corporate boundaries. The City shall assure
that there shall be no loss of historic resources on city-owned property, In 1999, the
City shall develop more restrictive language in the land development regulations
NOVEMBER 9, 1998
REGULAR AGENDA ITEM C
Page 4
ensuring the protection of historically significant cultural and archaeological sites
from development or redevelopment,
IN RESPONSE TO (l)(b)(13. Of THE P-2000 APPLICATION:
New Policy below to be designated as Policy 4) under Objective C of the Intergovernmental
Coordination Element.
New Policy 4)
The development of the City's new Town Center shall b.e coordinated with all
resource protection plans of local, state and federal jurisdictions that may exist, The
City shall coordinate with the resource protection efforts of SJRWMD for Lake
Jessup and the City shall involve itself in the process for development of the SWIM
Plan and expend efforts to further purposes and management proactices of the
SWIM Plan,
FUNDING:
No funds required.
LOCAL PLANNING AGENCY RECOMMENDATION:
At its November 4, 1998 meeting, the Local Planning Agency recommended the City Commission
transmit the proposed large scale amendments (LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98) to
the City's Comprehensive Plan to the Florida Department of Community Affairs for review.
STAFF RECOMMENDATION:
Staff recommends the Commission approve the transmittal of the proposed large scale
amendments (LG-CPA-2-98, LG-CPA-3-98, LG-CPA-4-98) to the City's Comprehensive Plan to
the Florida Department of Community Affairs for review.
ATTACHMENTS:
Local Planning Agency Agenda Item II. C. (reviewed at the LPA November 4, 1998 meeting)
COMMISSION ACTION:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development
PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY
AGENDA ITEM
II, C,
PROPOSED LARGE SCALE COMPREHENSIVE PLAN
AMENDMENTS IN RESPONSE TO THE P-2000 APPLICATION
LG-CP A-2-98
LG-CPA-3-98
LG-CPA-4-98
Staff Report
The City staff applied to the Florida Communities Trust Preservation 2000 Program (P-2000) for
grant monies to acquire open space in the Town Center. The City did not receive the funding
due to scoring of responses in the application that did not meet the threshold level of points.
The staff would like to reapply in 1999 again for these funds. To improve the chances that our
application will receive more points this time around, new policies are proposed below that
address the P-2000 Program staff's concerns and suggestions.
Below is the original responses to the application concerning growth management and the City's
comprehensive plan and the proposed new policies (LG-CP A-2-98, LG-CP A-3-98,
LG-CP A-4-98)
P-2000 GRANT APPLICATION QUESTION/STATEMENT:
(1) Furtherance of Growth Management and Comprehensive Plan Implementation [Rule 9K-
4.008(1)(a-b), F.A.C.]
(b) Local Comprehensive Plan Provisions for Conservation, Coastal Management,
and Outdoor Recreation and Open Space. Acquisition of the project site will
assist the local government in furthering the local comprehensive plan directives
RESPONSE:
set forth in the objectives and policy statements contained in the plan elements
that provide for conservation, coastal management, and outdoor recreation and
open space. When used in this part, the term "furthered" means that proposed
projects will assist the local government in realizing goals, objectives, or policy
directives of the comprehensive plan. For each criterion that is furthered by an
objective or policy of the local comprehensive plan, the objective or policy
number is to be cited in the response to the criterion and a copy of the objective or
policy, and any associated exhibits or documents, shall be included as an exhibit
as described in
9K-4.004(4)(b)4., F.A.C. Ifa copy of the entire objective or policy that is cited in
. response to a criterion is no included in the exhibit, that objective or policy will
not be evaluated as to whether it is furthered by that criterion.
(3)
Does the proposed project further comprehensive plan directives that
ensure the protection of listed animal species or habitats of listed species?
If so, summarize the relevant objectives or policies that are furthered.
Provide the numeric citation of the relevant objectives or policies. Discuss
how the project site would assist in furthering the cited objectives or
policies. (5 points)
The Town Center project includes artesian springs and wetlands related to
Howell Creek which empties into Lake Jesup. This area has never been
built upon or disturbed. It contains native plants and animals indigenous
to the area. The City's adopted Comprehensive Plan contains objectives
and policies that encourage preservation of native vegetative communities.
Objective C of the Conservation Element of the Comprehensive Plan
states:
Protect, conserve and appropriately use the remaining native
vegetative communities, wildlife and wildlife habitat, particularly
species designated as endangered, threatened or of special concern,
and habitat utilized by those species, from destructive practices,
through site plan review criteria requiring the species and habitat
be identified, requirements that protection of remaining habitat be
enforced through development orders, and providing incentives for
such protection.
Policy 3 under Objective C of the Conservation Element states:
Ensure wildlife habitats known to be inhabited by species
designated as endangered, threatened or species of special concern
is undisturbed by construction. . . ."
The proposal is to remove the area around the artesian springs and
wetlands related to Howell Creek from potential development and
preserve these areas in their natural state. The area encompassing the
springs would be designated conservation. The property owner has
expressed and interest in developing the area for retail commercial
purposes. The City desires to find some way to purchase these lands to
hold in public trust.
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LG-CP A-2-98) IN
RESPONSE TO (1)(b)3, OF THE P-2000 APPLICATION:
New Policy below to be designated as Policy 3 under Objective C of the Conservation Element.
NOTE: Existing Policy 3 redesignated as 4) and succeeding policies re-designated 5), 6), 7) , 8).
New Policy 3)
There shall be no destruction of vegetative communities, wildlife and wildlife habitat
of those species designated as endangered, threatened or of special concern, The
City itself shall be subject to this same policy statement, There shall be no
destruction of such communities and habitats on city owned property, Due to the
higher intensity of development envisioned for the new Town Center, the City shall
create a Town Center Resources Protection District that will extend to all areas of
the Town Center, In 1999, the City shall develop specific land development
regulations that will ensure resource protection with the Town Center,
P-2000 GRANT APPLICATION QUESTION/STATEMENT:
(1) Furtherance of Growth Management and Comprehensive Plan Implementation [Rule 9K-
4.008(1)(a-b), F.A.c.]
(b) Local Comprehensive Plan Provisions for Conservation, Coastal Management,
and Outdoor Recreation and Open Space. Acquisition of the project site will
assist the local government in furthering the local comprehensive plan directives
set forth in the objectives and policy statements contained in the plan elements
that provide for conservation, coastal management, and outdoor recreation and
open space. When used in this part, the term "furthered" means that proposed
projects will assist the local government in realizing goals, objectives, or policy
directives of the comprehensive plan. For each criterion that is furthered by an
objective or policy of the local comprehensive plan, the objective or policy
number is to be cited in the response to the criterion and a copy of the objective or
policy, and any associated exhibits or documents, shall be included as an exhibit
as described in 9K-4.004(4)(b)4., F.A.C. Ifa copy of the entire objective or
policy that is cited in response to a criterion is no included in the exhibit, that
objective or policy will not be evaluated as to whether it is furthered by that
criterion.
(12) Does the proposed project further comprehensive plan directives that
ensure the preservation of historical sites? If so, summarize the relevant
objeCtives or policies that are furthered. Provide the numeric citation of
the relevant objectives or policies. Discuss how the project site would
assist in furthering. the cited objectives or policies. (5 points)
RESPONSE: The Town Center project includes a proposal to preserve the area
surrounding the springs in a natural state. The springs, located on the east
side of Tuscawilla Road and north of State Road 434 are the bases from
whence the City derives it name. The City seeks to preserve this rare
natural resource in its natural state for the appreciation and understanding
by the public.
The City has in its Comprehensive Plan a policy relating to ensuring the
preservation of historical sites, that will be furthered by the proposed
Town Center project. Policy 2 under Objective C of the Land Use
Element states:
The City shall coordinate with Seminole county, the State
Department of Florida, and other interested parties in establishing
and maintaining an inventory of historically significant resources
in the City.
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LG-CP A-3-98) IN
RESPONSE TO (1)(b)12, OF THE P-2000 APPLICATION:
New Policy below to be designated as Policy 1 under Objective C, Goal 1 of the Land Use
Element. NOTE: Existing Policy 1) re-designated as 2) and existing Policy 2) re-designated as
3)
New Policy 1)
Historically significant cultural and archaeological sites shall be protected from
development or redevelopment activities as detailed in the City's Land Development
Regulations; By 1999, the City shall prepare and maintain an inventory of
historically significant sites within its corporate boundaries, The City shall assure
that there shall be no loss of historic resources on city-owned property. In 1999, the
City shall develop more restrictive language in the land development regulations
ensuring the protection of historically significant cultural and archaeological sites
from developmerit or redevelopment.
P-2000 GRANT APPLICATION QUESTION/STATEMENT:
(1) Furtherance of Growth Management and Comprehensive Plan Implementation [Rule 9K-
4.008(1)(a-b), F.AC.]
(b) Local Comprehensive Plan Provisions for Conservation, Coastal Management,
and Outdoor Recreation and Open Space. Acquisition of the project site will
assist the local government in furthering the local comprehensive plan directives
set forth in the objectives and policy statements contained in the plan elements
that provide for conservation, coastal management, and outdoor recreation and
open space. When used in this part, the term "furthered" means that proposed
projects will assist the local government in realizing goals, objectives, or policy
directives of the comprehensive plan. For each criterion that is furthered by an
objective or policy of the local comprehensive plan, the objective or policy
number is to be cited in the response to the criterion and a copy of the objective or
policy, and any associated exhibits or documents, shall be included as an exhibit
as described in 9K-4.004(4)(b)4., F.AC. Ifa copy of the entire objective or
policy that is cited in response to a criterion is no included in the exhibit, that
objective or policy will not be evaluated as to whether it is furthered by that
criterion.
(13) How does the proposed project further comprehensive plan directives that
provide for coordination with existing resource protection plans such as,
aquatic preserve management plans, SWIM plans, habitat conservation
plans, manatee protection plans, and estuarine sanctuary plans? If so,
summarize the relevant objectives or policies that are furthered. Provide
the numeric citation of the relevant objectives or policies. Discuss how
the project site would assist in furthering the cited objectives or policies.
(5 points)
RESPONSE: The Town Center project includes a proposal to coordinate with the
SWIM program for Lake Jesup under the direction of the Florida
Department of Environmental Protection and the S1. Johns River Water
Management District. The City is willing to sign an agreement
guaranteeing coordination and adoption of measures required by the DEP
and S1. Johns Water Management District to ensure the objectives of the
SWIM Program and future preservation of Lake Jessup. Special
arrangements will be made for an areawide stormwater retention facility
that will prevent pollutants from entering Lake Jesup. Some of the land
proposed to be acquired by the City will be used for creation of this
areawide stormwater retention facility. It is the intention of the City that
the Town Center Project will meet a higher standard of pollution control
due to the efforts of the SWIM program to clean Lake Jesup of pollution.
The City has in its Comprehensive Plan policies relating to ensuring the
preservation and improvement of the Lake Jesup ecosystem, that will be
furthered by the proposed Town Center project. They are:
Policy 3g under Objective A of the Land Use Element that states:
Developments adjacent to Lake Jesup shall not be permitted to
include light industrial, industrial, or commercial land uses. In
addition to these restrictions, the following provisions to protect
the natural functions of the lake shall be established:
1. An upland buffer zone, to be a minimum width of fifty (50)
feet, shall be provided between any development activity
and the lake;
Il. All development along the lake shall be required to meet a
more restrictive impervious surface ration standard. All
development along the lake shall provide a minimum of
forty (40%) percent pervious surface.
Ill. No direct discharge of stormwater into the lake shall be
permitted, in accordance with criteria established by the
SJR WMD.
Policy 3a under Objective A of the Land Use Element which states:
Require projects to cluster development away from wetland areas
of the site and maintain upland buffers adjacent to wetlands. The
minimum vegetative buffer requirement shall be twenty-five (25)
feet upland from the wetland area. A larger buffer shall be
required on a site-by-site basis when required to protect the
resource.
Policy 3c under Objective A of the Land Use Element which states:
Environmentally sensitive areas shall be covered by an
environmental easement which restricts uses to passive
recreational activities. The environmental easement may
be dedicated by plat or by a separate instrument approved
by the City.
Policy 3d under Objective A of the Land Use Element which states
in part:
Require vegetative buffers around all lakes in order to
protect water quality of these water bodies. The minimum
upland lake buffer shall be fifty (50) feet. . . .
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LG-CP A-4-98) IN
RESPONSE TO (l)(b)13, OF THE P-2000 APPLICATION:
New Policy below to be designated as Policy 4) under Objective C of the
Intergovernmental Coordination Element.
New Policy 4)
The development of the City's new Town Center shall be coordinated with all
resource protection plans of local, state and federal jurisdictions that may
exist, The City shall coordinate with the resource protection efforts of
SJRWMD for Lake Jessup and the City shall involve itself in the process for
development of the SWIM Plan and expend efforts to further purposes and
management proactices of the SWIM Plan,
RECOMMENDA TION:
Staff recommends the Local Planning Agency recommend to the City Commission
approval of the proposed large scale comprehensive plan amendments LG-CPA-2-98,
LG-CP A-3-98, LG-CP A-4-98 (three proposed policies) and transmittal to the Florida
Department of Community Affairs for review.
UNOFFICIAL MINUTES
PLANNING AND ZONING BOARDILPA
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 B AND 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. Grimms 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 Zoning/LP 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 of the 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 OF7
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
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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
of this 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
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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, th~n 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 BOARD/LP A
DOCSlboards/planning/fy9798/minutes/110498.doc