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Home My WebLink About10-28-2005 Code of Ordinances Supplemental No. 7GRES�A�P.A• WEISS & A GAN BR.O� � GAR Attorneys at Law d�ssun1ee, Offices in Orlano, Cocoa & �Ttera Babb-Nutcher'' Debra S' Usher Brown L. rests° SuzanneD'Ag anese" Anthony A. Garg Jeffrey S. Weiss cIT\ OF VVINTGR SP CINERK OFFICE OF Tt IE G17� BCertified °vemment Law oa d Certi led City, County & Local G October 28, 2005 407 327-4753 Via Facsimile r mail and re Andrea Lorenzo-Luaces, City Clerk City of W inter Springs 1126 East State Fload434 a 32708 Winter Spring , Supplement No. 7 Re: Code of ordinances igs PP 193) (City of W Joseph F Bach Victoria L. Ceal Scott J. Dornstein AM. Fisher ndrew Katherine W • Latorre Amy J. Pitsch Erin J. O'Leary J. w. Taylor Of Counsel Dear Andrea: 'The City of W inter Spr ed the above -referenced drams h the ordinances incorpi My office has review and consistency lement NO.7 for accuracy suggestions corrections I would like o Code Supp oration of the City's !'poise Grdinar the rein. There are a few minor to the and JQ p g your attention, all of which re of "Comr 16. e 880 of the supplement, under the definitionof- of tt' on page included. The placement First, date" was inadvertently manner. believe the word "uP F ense nor does it add to thbedl'levieithis to be a typographical, make s final ordinance, included in the prig 5-16, which added this definition to the City 5 of Ordinance 200 be made without further Commission consideration.Sens on the same page, the definition of Noise Next, Instead of referencing section wrong section number. This, too, is a typographical error reference section 13-43. h further attention from the Commission. p•O. Box 2873 •Orlando, Suite 660 • 321 402.0144 • COI 225 East Robinson4071 et Email: firm@°dandolaw.net 566 Fax ( g25_g425 g596 'Kissimmee Orlando (407) Website: www•orlandolaw.net October 28, 2005 Page 2 On page 880.1 of the supplement, the parenthetical within the definition of "Sound pressure lever' was changed from what the ordinance provided to superscript the "-6." The "-6" was not superscripted in the noise expert's report and/or sample ordinance. I am not sure if this makes a difference technically, as this is obviously not my area of expertise, however, I believe it's in the City's best interest to have this correction made so that the definition reflects exactly what the noise expert provided in his original report. On page 880.2, under section 13-29(e), subsections (1), (2) and (3) should be indented, and not lined up with "(e)." On page 880.4, under section 13-33(e), I believe the word "event" was inadvertently left out. The very last part of subsection (e) should read ". shall be treated like applications for initial special event variances." On page 880.6, section 13-36 runs right into Table 3. This is confusing and the two sections should be noticeably separate to the reader. Also, the term "land use category" can be completely deleted from both Table 3 and Table 4, as although it was recommended by the noise expert, the term adds nothing to the chart and the chart is easily read without it. Please contact my office should you require further assistance or information regarding this matter. Sincerely, Kate Latorre Assistant City Attorney � � f BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Lazy Debra S. Babb-Nutcher' Usher L. Brown' Suzanne D'Agresta° Anthony A. Garganese° Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer "Board Certified City, County & Local Government Law Offices in Orlando, Kissimmee, Cocoa & Viera Joseph E. Blitch Victoria L. Cecil Scott J. Dornstein Andrew M. Fisher Katherine W. Latorre Amy J. Pitsch CITY OF WINrcR SPRINGS OFFICE OF THE CITY CLERK Erin J. O'Leary J. W. Taylor Of Counsel October 28, 2005 Via Facsimile (407) 327-4753 and regular mail Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: Code of Ordinances Supplement No. 7 (City of Winter Springs - 1193) Dear Andrea: My office has reviewed the above -referenced draft of The City of Winter Springs Code Supplement No. 7 for accuracy and consistency with the ordinances incorporated therein. There are a few minor errors and suggestions corrections I would like to bring to your attention, all of which relate to the incorporation of the City's Noise Ordinance 2v05- 16. First, on page 880 of the supplement, under the definition of "Commercial area," I believe the word "update" was inadvertently included. The placement of the word does not make sense nor does it add to the definition in any manner. Although "update" was included in the original ordinance, I believe this to be a typographical error. Under section 5 of Ordinance 2005-16, which added this definition to the City Code, this correction may be made without further Commission consideration. Next, on the same page, the definition of "Noise sensitive zone" references the wrong section number. Instead of referencing section 13-44, the definition should reference section 13-43. This, too, is a typographical error that may be corrected without further attention from the Commission. 225 East Robinson Street, Suite 660 - P.O. Box 2873 - Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 Cocoa & Viera (866) 425-9566 Website: www.oriandolaw.net - Email: firm@orlandolaw.net