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Home My WebLink About2000 04 11 Special Attachment "A" LAW OFfICES Richard S. Am:.lri Ni(hol:J.' B. B:mgos. K(,lIn Bt'tmctt Bradly Rocer'B~ttil\, Sr. Anthon.\' A. (;.ar!:anc:.~t. + Mit(;3.cJJ S. Golduun J. Wesley How~c M:.ltlhew J. Mon:ilch:.m I\br\.: S. Peters D~\'id M. l'resnltk OnrJe5 R. Stcinb('q,: hlllt" S. Theri:lc. Hl AMARI & THERIAC,.P.A. Attorneys ""d Counselors At Law Reply'f,,: Cocoa r.o. Bux Marmer Squ:lrC 96 Willard Street. Suite 302 P.O. 80.'( ISO? COCll:!, Flurida 32923-1807 T(,kphonc (321) 639-l320 I":n: (321) 639-6690 "Admitted AL. FL ..Bo;.rd Ct-rlifit.d City, Coumy, .'1< 1-<'<::11 Co\"ernOleJ.Jt Law Imperi:11 PL:lza Suite B104 67G9 N. Wickh~m Ruad !\Ielbourllt, Florida 31940 Telephone (3'21) 259-6611 Fa>: (321) 259-6624 April J 1, 2000 VIA FACSIMIL.E TRANSi\HSSION Carl Stephens, Chairman M~lnbers of the Land Planning Agency Members of the Planning & Zoning Board City of Winter Springs 1126 East S.R. 434 Winter Springs, Flcllida 32708 Rc: Town Center - April 11. 2000 Meeting Dear Mr. Stephens and Members oft:he Board: At this evenjngs meeting, the Land Plan.ning Agency/Planning and Zoning Board ("LP A'l) will review proposed Ordinance No. 707 and Ordinance No. 2000-tO relating to the proposed Town Center. I <1m 'vTiting to the LP A in the hope that my brief comrnents will help expedite the LPA's revie\v of the Ordinances. First, both Ordinances are scheduled for final adoption by the City Commission on April 24, 2000 at 6:30 p.rn. As such, I respectfully urge the L.PA to make a recommendation to the City Commission this evening. Second, it is. my understanding from staff that the LPA has already reviewed and recommended Ordinance No. 707. In addition, the LPA has also reviev,ed and recommended the proposed comprehensive plan amendment for the Town Center. Since the LP A recommended Ordinance No. 707, several minor amendments have been made as set forth below. Further, since the LP A recotnmcnded the proposed com~)fehensj\'e plan amendment for the TO\,\l1 Center, the Amendment has been put into ordinance fonn and several minor amendments have been made to the proposed text based on the Objections, Recommendations, and Comments Report which the City received from the Florida Department of Commwlity Aff3irs on March 16,2000. Carl Stephens, Chairman Members ot' the Land Plaruling Agency Members of the Planning and Zoning Board April 1]. 2000 Page 2 As such, the LPA's attention this evening should predominantly be on the minoT amendments, given the fact the LPA has already recommended substantial J101tions of Ordinance No. 707 and the To\Vn Center Comprehensive Plan amendments. Ordinance No. 707 A summary of the amendments to Ordinance No. 707 are as follows: 1. i\.Jinor tec.hnical amendments \Vere made to the Ordinance to put it into the new Ordinance format approved by the City Manager and City Commission. 2. Findings and conclusions of the City Commission, although some were already made ~md adopted by the City Commission during the To\vn Center public hearing process, were specificaLly set forth in the "WheredS" clauses of the Ordinance. 3. During negotiations with the Schrimsher Properties C.rroup, Schrimsher and the City agreed that page II of the To\vn Center District Code should be amended to reflect the actual Jurisdictional wetland boundaries of Wetland Park. Therefore, the maps on pages 10 through 18 of the: To\vn Center District Code were amended to retlect the new boundaries of WetJand Park. Further, because the boundaries of Wetland Park were changed, the street and small neigbborhood park layout on page 11 was modified by Victor Dover (the City's planning consultant) with input from Schrimsher. The amended page II of the District Code has been used extensively by the City and Schrimsher in negotiating a Companion Agreement to implement the Town Center District Code on Schrimsher's property. Any amendments to page 11 (and corresponding maps), therefore, could significantly mlerrupt the City's negotiations \vith Schrimsher. Therefore, 1 respectfully request that the LP A recommend the Town Center District Code and Ordinance No. 707 to the City Conul1ission as cunently drafted. Ordinance No, 2000-10 The proposed boundaries of the Town Center Future Land Use desig11ation are unchanged from the LPA's previous rt::commendation during the transmittal ~tage of the Comprehensive Carl Stephens. Chairman Members of the Land Planning Agency Members of the Pl,llUling and Zoning Board April 1 L 2000 Page 3 Plan amendment process. However, several additional minor changes to the proposed Town Center ComprehemivE: Plan amendment were made to address DCA's ORC Report. The additional text amendments have been submitted to DCA for an Lo.fonl1al review before adoption. On Monday, April 1 0,2000, DCA informed me that tlJe additional text amendments appear to address DCA's concerns set forth in the ORC Report. A summary of the changes to the Town Center Comprehensive Plan Amendment since the LPA last revie\'!ed this /\ll1endment are as follows: 1. The proposed text amendments and FLU Map amendment have been placed into Ordinance fonn. 2. i\dditional changes to the proposed text amendment were made to Objective B as 1'o110'w5: 5) l'nlcss rrtlti-gared-tlt'tte-ee-rfumcc \,ith law 1I:1W-ptu'sttanHo--a-clevclopm{,'nt-penntt issLled by-itx: Cit) one! othcr-jl1t'is-diet;or.al.;ovef'nmcntJ.l ugCllett:S; :,V\'I,....etlands will be prcsernd as conservation preserve areas, parks, squares, and trails. To the extent feasible, these areas shall be COJUlected to promote the natural drainage and ecological viability of the Town Center and to further hold the City's designation as a "Tree City U.S.A." Juri5dictional wetlands located witl:lin..!be Town Center shall he designated Conservation Q.l,1Jhe Future Land Use Map and shall be ~ubiect to the Goals. Obiectives, and Policics of the Conservation Element of the City's Cornprehensi ve e.L<m. 6) Hish re~;idential density shall be pcrmittedjnJbe Town Center through the adoption ofland development reg.ulations. but ~uch deMit)" shall not exceed thirtv-nine (9) units DeI" acre. 7) Hil~h del~3lliLilll:ensc commercial development shall be allowed in t~ Town Cent-er through the adOPtion ofland development re9.1l1ations, but such dens;!" and intensi!v shall not exceed a floor area ratio ('If six (G.O) and a huilding height of sixty-five (65) feet. Carl Stephens. Chairman Members ot' the Land Planning Agency Members of the Planning and Zoning Board April J 1. 2000 Page 4 ID The Cit\' shall geate a. minimum mix orland uses in tl1e TO'\'11 Center as follows: a) Retail = 40% to 80%: b'l Commercial Office == 0% to 20%: and c) Residential = 10% to 50%. J. Supporti.ng data and a.na.lysis regarding sewer, water, stomw.:ater, and transportation issues raised in the DCA's ORC Report \vas provided by the City's transportation and utilities consultant, Terry Zaudtke of CPH Engineers, Inc. It is worth noting that although DCA desired the City to strike the beginning mitigation language in Objective B.(5) and (0 tie jurisdictional wetlands to the: Conservation Easement, the language change. in my view, may not have any practical effect. For eX<lmple, the Conservation Easement allows installation of infrastmctme and utilities across conservation lands. See, Conservation Element Objective B.(3). It a.lso provides for the fill of wetlands, see Objective C(5)(e), and the alteration and replacement of wetlands, see Objective C(5)(0: T would, therefore, recommend that the LP A recommend Ordinance :2000- J 0 to the City Commission. If YO'll ha.ve any questions, please do not hesitate to cal!. Sincerely, r 1thony A. Garganese City Attorney of Winter Spr .ngs \ A.A.G:kec