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HomeMy WebLinkAboutScarlata, Terry Stipulated Settlement Agreement - 2001 06 12 . ~ 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