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HomeMy WebLinkAbout_1999 01 13 City Commission Workshop Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP JANUARY 13, 1999 I. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, absent Attorney Robert Guthrie, present City Clerk Margo M. Pierce, CMC, present COMMISSIONERS: Robert S. Miller, absent Michael S. Blake, present Edward Martinez, Jr., present David W. McLeod, present Mayor Paul P. Partyka called the Workshop to order at 6:30 p.m. in the Commission Chambers. II. DISCUSSION ON TOWN CENTER DISTRICT CODE Commissioner David W. McLeod suggested the Property Owners, Representatives and Board Members of the Planning and Zoning Board/LPA be recognized "on the record". Property Owners and/or their Representatives present: Michael Grindstaff, Shutts and Bowen L.L.P., Attorney for Schrimsher Properties Rick Dreggors, Real Estate Appraiser affiliated with Schrimsher Properties John Florio, D.W. McIntosh and Associates, representing Schrimsher Properties Dick Davis, Architect/Planner, Davis and Associates, on behalf of Schrimsher Properties Juanita and Louis Blumberg, Property Owners Ed Leerdam, Springs Landing, LTD./Jessup Shores Joint Venture Andrew Hawkins, Real Estate Representative for McDonald's Corporation, Tampa, FL LaVern Kingsbury, Property Owner Michael Schrimsher, Schrimsher Properties Planning and Zoning Board/LP A: Tom Brown, Chairman Carl Stephens, Jr. Marc Clinch William W. Fernandez Staff/Consultan ts: Charles C. Carrington, AlCP, Community Development Director Thomas Grimms, AlCP, Comprehensive Planning/Zoning Coordinator Bill Holmes, Conklin Porter Holmes, Engineers Victor Dover, Dover Kohl & Partners CITY OF WINTER SPRINGS MINUTES CITY COMMISSION - WORKSHOP JANUARY 13, 1999 Page 2 of 5 Mayor Partyka emphasized that the purpose of this meeting is "To make sure we have a free exchange between the Property Owners and the City and all the interested parties, to get a fair chance to speak their issues". Mr. Ronald W. McLemore, City Manager, gave a brief overview of the proposed adoption of the Town Center District Code and explained that the Property Owners feel the City Commission has not been adequately informed of their concerns and objections to the Code. Manager McLemore continued by saying that there are two issues the Commission needs to decide: 1. Does the Commission find a need to amend any provision of the Code, and if so, what would those amendments be? 2. Does the Commission find a need to amend the Town Center boundary, and if so, what amendments would the Commission deserve to make? Manger McLemore reviewed an outline for the Workshop suggesting a "simple format", mainly consisting of presentations from Property Owners and then City Staff. The Commission agreed to follow this outline. There was discussion whether this would be the only Commission Workshop on this subject; and whether there should be a specific time to adjourn. Mr. Kingsbury informed the Commission that he is "in favor" of the Town Center with the exception of his concerns about several "misunderstandings" relative to a proposed shopping center on the intersection of Tuskawilla Road and State Road 434. Mr. Grindstaff, Attorney representing Schrimsher Properties, informed the Commission of the "Schrimsher group's position". He acknowledged that the Schrimsher's are "working hard with Staff' but shared numerous concerns including deadlines, annexation issues, and proposed shopping centers. Mr. Grindstaff stated that the Schrimsher's are willing to continue working with Staff and gave the Commission a packet of various information relative to their concerns. He also spoke about problems regarding additional development costs that have accrued as a result of the imposition of the Town Center District Code, the legality and constitutionality of the Code and the market studies that were completed. Mr. Dick Davis, informed the Commission that he evaluated the Town Center District Code on behalf of the Schrimshers. He stated that the Schrimshers cannot support the Code due to differences between the "City's wishes" and "new citizen wishes" and that they felt the plans are "inflexible". Mr. Davis spoke, at length, about various concerns including the alleys and set-backs. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION - WORKSHOP JANUARY 13, 1999 Page 3 of5 Tape I1Side B John Florio, Vice President, D. W McIntosh and Associates, 2200 Park Avenue North, Winter Park, spoke of other Town Centers and "traditional neighborhood developments". He compared the proposed Town Center to several others and mentioned. Mr. Florio also spoke about concerns on behalf of the Schrimshers and suggested several future Workshop meetings be held. Rick Dreggers, 614 Wymore Road, 32789, Winter Park, informed the Commission that he reviewed the report prepared by Pardue Hide et al for the City. Mr. Dreggers further explained that he has been involved in several property appraisals along State Road 434 and he felt that the appraisal given had a "low value" for the Schrimsher property. He also spoke about the treatment of the "park site". Mr. Michael Schrimsher, Scrimsher Properties, spoke briefly about his concerns and mentioned that those who spoke before him stated the majority of them. He further stated that he hopes the property owners and the City can reach a compromise on the Town Center District Code. Mr. Grindstaff spoke to the Commission again, summarizing his "Five (5) principal categories of objection". The categories include: the administrative rezoning triggered by the City and none of the property owners; uncertainties surrounding the annexation; the increased development costs explained by Mr. Davis and Mr. Florio; "the impacts of working with the "nuts and bolts" of the Ordinance; the unproven market; and the unconstitutionality or the legality of the Ordinance. Mr. Grindstaff also mentioned that they would like to continue working with the City and Staff. Ms. Juanita Blumberg, 1130 East State Road 434, mentioned that she was "disappointed in the City for not working with Mr. Schrimsher", but that she was hopeful they could work the details out. A recess was called by Mayor Partyka. Mayor Partyka reconvened the Workshop. Ed Leerdam, 175 Lookout Place in Maitland, stated that he was in favor of the Code "to an extent" but that he still had apprehensions. He said that he does not mind being included in the Code at a later date if he is comfortable with the requirements in their specific situation. Tape 2/Side A Manager McLemore said most of the concerns had been brought up before and that Staff has tried to resolve them directly or provide, through provisions of the ordinance, ways of CITY OF WINTER SPRINGS MINUTES CITY COMMISSION - WORKSHOP JANUARY 13, 1999 Page 4 of 5 dealing with them on a "project specific basis". Manager McLemore spoke of the problem on dealing with specific issues within the context of this proposed Ordinance. Attorney Guthrie spoke about the Administrative rezoning. Victor Dover, Dover Kohl & Partners, responded to the concerns stated by the property owners and spoke about the reasons the City is expecting the annexation to be approved from Seminole County. He infonned the Commission that this is one of the reasons there is flexibility in the Code and that revisions can be made "on a as needed basis over time". Mr. Dover continued to discuss the additional development costs; planning detail issues; and marketing. He stated that the goal is a "win-win scenario" and that many issues are "resolvable" . Mr. Bill Owen, President. Real Estate Research Consultants, 200 E. Robinson Street, Suite 400 in Orlando, Florida, stated that he is a Consultant to the City and spoke about the positive market research that has been done. Mr. Victor Dover gave a slide presentation pertaining to market research efforts. He again indicated that the Code can be changed "in any way, at any time". He addressed additional concerns in reference to the Comprehensive Plan Ammendment, the Development Review Committee, alleys, set-backs, and handicap access. Mayor Partyka asked if everyone present would like to continue the meeting. The property owners and Commission were in consensus to end the meeting at 11 :00 p.m. Tape 2/Side B There was discussion on issues concerning swimming pools and the flexibility of the Code. Mr. Bill Holmes, Partner with the firm of Conklin Porter Holmes Engineers, iii7 E Robinson Street in Orlando, Florida, informed the Commission that the firm is the City's Consultants for water, sewer and drainage issues. Mr. Holmes discussed retention and drainage issues, and the wetland park. Mr. Charles Carrington, AICP, Community Development Director, addressed the issues surrounding the wetland park and the "value" of the Cross Seminole Trail in the Town Center. He stated that there is a "significance for special public places". Mr. Carrington spoke of the park's inclusion in an application from the City to the Office of Greenways and Trails. Mr. Holmes spoke about storn1water ponds being eliminated. Attorney Guthrie briefly addressed the issue of the frontage road. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION - WORKSHOP JANUARY 13, 1999 Page 5 of5 Mr. Carrington discussed the alignment of the Cross Seminole Trail and the eagle's nest that is present on the Schrimsher property. He informed the Commission that the Grant approved by the Office of Greenways and Trails is conditional upon the formal relocation of the Trail through the Town Center. Attorney Guthrie addressed the legal issues that had been mentioned and said that several had previously been "addressed and neutralized". The issues included: procedural due process; the illustrative maps included in the Code; future annexation of certain properties and the option of the Town Center being realigned if the annexation does not take place; the possibility of unlawful delegation of the Development Review Committee; the Comprehensive Plan and public use issues; and the Bert Harris Act. Manager McLemore spoke about Development Agreements and stated that they are "Doable if that is what it takes". Manager McLemore further mentioned that Development Agreements are typically for "project specific issues" and that the Code is not project specific and does not have defined zones. Once presentations from Staff were complete, the Mayor said that he thought it was "terrific to hear both sides" of the issues and that future discussions would take place to "get to mutually agreeable conclusions". There was discussion on what further steps need to be taken. There was discussion on whether the property owners had a better understanding of the Code regulations and process and the flexibility of the Code. Tape 3/Side A The Commission, Staff and property owners discussed the necessity of future meetings and potential dates. The date of Thursday, January 28, 1999, at 6:30 p.m. was agreed upon by all, as the next Workshop. The Commission was in consensus to let Staff and the property owners work together and come back to them with updates. III. ADJOURNMENT Mayor Partyka adjoumed the meeting. - Minutes Respectfully Submitted by: Amy Lovingfoss Clerk