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HomeMy WebLinkAbout1999 08 30 Regular ATTACHMENT "A" August 30, 1999 TO: City Manager & Commission ISSUES OF CONCERN Section 4.06 of the City Charter states: "All powers of the City shall-be d. h C "" . veste m t e ommlSSlon, . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Weare presently defending that very designation in the courts of the State of Florida. However, the commission has not been consistent when it comes to the everyday handling of official business. Thus; the unending discussions and debate that have turned into marathon public hearings, to the point that lately the commission can not even fmish the agenda for a given meeting. This also applies to work shops that go on and on into split sessions and are never ending. Ex: Revision of Chapter 9 with regards to Flood Plain Zone and wetlands, the establishment of rules guiding the commission meetings, not adhering to rules of conduct during public input, set rules on how to handle unruly and disruptive persons, etc. We need a standard applicable to all whether they are friends or foe. On Sundays paper a citizen by the name of Medford McCoy wrote a very critical article on Letters to the Editor. He is half right and half wrong. But it goes to the heart of the very essence of our Charter. Are all powers vested on the Commission?, and if so why can't we direct our efforts in the direction that will curtail all the problems responsible for letters such as the one mentioned. (see copy) Time and time again I have requested the support of the Commission in order to have the City Manager provide us with information about any project or development for which a permit is applied. According to our Code there are a number of meetings that take place with staff and others after an application is filed. I have suggested time and time again that we; the Commission be advised as to each meeting that takes place regarding such an application from inception and until the final engineering is approved, as a way to keep us informed and availing us of the opportunity to ask questions and possibly research given circumstances thus avoiding the never ending debate over issues of concern that only.surface, as some put it, at the eleventh hour; very unfOItunate but necessary. I have time and again made mention of the need to be informed before hand, but have not secured the support of the majority of the Commission in order to direct the City Manager to follow our dictum. Ours has been a good commission for the City of Winter Springs, but we need to fine tune many areas that create a sense of contradiction be~een the Commission and the Staff and others by whatever means legally available. II. In a memo from staff to Commissioner M. Blake regarding PUD's it makes mention of Ordinance #367, Section 4, enacted May 11, 1987 I don't know if the following is correct for the Ordinance in question makes reference to Article XIV - Parts A & B and section 44.85.1 of Article XIV Part B. While perusing the Code issued me by the City of Winter Springs, I failed to come across any such Article or section. Any reference to PUD's are printed under Chapter 20 of the Code. It is also important to clarify the fact that the Charter in Ordinance No. 456 Section 2, states: "All ordinances of a general and permanent nature enacted on or before November 28, 1988, and not included in the Code or recognized and continued in force by reference therein, are repealed". Since Ordinance #367 was enacted in May of 1987 we need to make sure that it is still an active ordinance before we abide by any of the changes enumerated in the memo. In addition, I find that Chapter 20 of the code in Sections 20-358 and 20-359 which reaffirms the writings of section 20-358 Part A and the wording in section 20-385 and reaffirmed by section 20-386 Part B are one and the same and do not deviate, regardless of what Ordinance #367 infers. Chapter 20 Sections 358 and 359 Part A and sections 385 and 386 Part B compliment each other and appear to contradict the Commission's approval of the last section of the Reserves in Tuskawilla and the approval of Phase VI of Parkstone, both of which were removed from the final engineering due to the inability to comply with Flood Plain Zone regulations and with the preservation of conservation areas, wetlands, and endangered bodies of water. Further more it is up to this Commission to direct the City Manager and staff to produce amendments to the Code that will strengthen the City's position when it comes to granting permits to developers who wish to sacrifice the natural resources remaining in our City. - This Commission has heard a lot of testimony regarding the ability of the City to establish more stringent rules applicable to wetlands, bodies of water and trees. The only thing lacking up to now is the will to direct staff to produce such requirements, prior to issuing permits, allowing developers to spend monies and then come before the Commission and echo the same voices of the past -We can not prevent a developer from developing their land once we have issued permits and gave them the impression that every- thing was copacetic . Hope this information is taken in the spirit in which it has been written. Edward Martinez Jr. Commissioner , \' , ~~' \,: ....~ (' \' "-" ORDINANCE NO. 455 AN ORDINANCE ADOPTING AND'ENACTING A NEW CODE FOR THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDiNG FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. THE CITY OF WINTER SPRINGS HEREBY O~S: Section 1. The Code entitled the "Code or Ordinances, Winter Springs, Florida" published by Municipal Code Corporation consisting of Chapters 1 though 20, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before November 28, 1988, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in section 2 hereof shall not be con- strued to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person con- victed of a violation of any provision of the code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine not to exceed five hundred dollars ($500.00) and a term of imprisonment not to exceed sixty (60) days or both a fme and imprisonment. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits. Section' 5. Additions or amendments to the Code when passed in 'the form as to indicate the intention of the city commission to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6. Ordinances adopted after November 28, 1988 that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code. Section 7. This ordinance shall become effective April 24, 1989. Supp. No. 2 vii ( ( \~ .-. .A... , 20.357 WINTER SPRINGS CODE vations; typical cross-sections of proposed grading, streets and sidewalks, canals and waterways; and proposed types of pavement. All plans must be approved by the city engineer. (12) Covenants, conditions, restrictions, agree- ments and grants which govern the use, maintenance and continued protection of buildings, structures, landscaping, common open space, recreational areas and facili- ties within the development. Such documents shall indicate to the satisfaction of the city council an acceptable method of ensuring that all obligations and improvements des- ignated in the final development plan can and shall be completed. Bonds or an escrow account may be necessary in order to sat. isfy this requirement. a. The covenants, conditions, restrictions, agreements or grants which govern the use, maintenance, and continued pro- tection of buildings, structures, land- scaping, common open spaces, recrea- tional areas and facilities within the development, shall specifically include a detailed outline of the following: 1. Uses; . 2. Building height limitations; 3. Building area limitations; 4. Front, rear and side yard setback criteria; 5. Lot area coverage; 6. Minimum living area; 7. Any other restrictions pertaining to buildings or building placement. Examples of such restrictions are "no garage entrance shall be lo- cated on the front street side of dwellings" or "aU appurtenant buildings, swimming pOols, screen enclosures, or other additions shall be at the rear of and within the encompassed by a rearward exten- sion of the sidelines of primary dwelling;" 8. Off.street parking requirements, both enclosed and open, and author- ized locations for same. A developer or owner of a planned unit 1(:..... \. "- development,LQ a condition to receive approval of Pt1D zoning or approval of a preliminary final development plan shall agree as a condition thereof that these covenants, coriditions, lestnctions, . agreements or grants shall be enforce- ~ able by the city and that the city shall .- be a proper party plaintiff to enforce the same in law or equity in any court of competent jurisdictio~In addition, no permits shall be issued for build- ings in a planned unit development that does not conform with the requirements above. b. In currently approved planned unit de- velopments, the requirements of sub. section (12)a. abOve which are contained in currently listed or subsequently reo vised covenants, conditions, restrictions, agreements or grants shall be enforce- able by the city in law or equity in any court of competent jurisdiction. (13) All exhibits must indicate the title, name, graphic scale, and date of submittal and any subsequent revisions. (14) In order to protect the public interest, the planning and zoning board and/or the city commission may request any additional in. formation deemed necessary for the decision. making process. Submittai of this additional information is at the option of the appli. ~t, a1th~ugh failure to submit the requested mformatIon could result in the denial of the application. (Ord. No. 367, ~ 1, Art. XIV, Part A ~ 44.85.7 5-11-87) "r Sec. 20-358. Alterations to the prelbmnsn-y de- I velopment plan. ~ (a) Any request for an alteration revision or modification ~ the preliminary devel~pment plan shall be submItted to the city clerk for review by the ~lanning and zoning board. After review and receIpt of staff recommendations, the board may appr~ve or ~pprove with modifications a change that IS consIStent with: ~ (1) The purpose and intent of the PUn district- , 1230 o *~ ~ - .' :.'~ ( (. (2) The concept, land uses, densities and phas- ing of the approved preliminary develop- ment plan; (3) Any other pertinent ordinances or regula- tions. (b) If the planning and zoning board determines that the proposal is not consistent with such provi- sions, a public hearing on the request shall be held by the city commission. Upon receipt of recommendations from the staff and' the planning and zoning board, the city commission shall hold a public hearing on the request and either ap- prove, approve with modifications, or deny the proposal stating the reasons for such action. -to (c) To protect the public interest, the planning " and zoning board may, for just cause, hold a pub. lie hearing in the process of dQtermining that the alterations, revisions or modifications are consis- tent in making a recommendation to the city . " commission. (Ord. No. 367, ~ I, Art. XIV, Part A, ~ 44.85.8, 5-11-87) /'~, .,. t "', Sec. 20-359. Alterations to the final develop- ment plan. (a) Any request for an alteration, revision, ad- dition or deletion to the final, development plan shall be submitted to the city derk for review by the planning and zoning board. The board shall review the request and make finding of fact as to whether the proposal constitutes a change in the preliminary development plan also. .If so, the reo quest must first be processed. according to section 20-358. If not, the board shall ~view the proposal and the staffrecommenclations to determine whether or not the proposed change is substantially con- sistent with the approved final development plan. If the proposal is determined. to be' consistent, the planning and zoning board may approve or ap- prove with modifications the proposed change. , (b) If the proposal is determined not to be sub- stantially consistent with the approved final de. velopment plan, the board shall forward to the city commission a recommendation for approval, approval with modifications, or denial of the reo quest, stating their reasons for such action. The COmmission shall then review ,the proposal and . - ~ \. ,_/ ZONING ~ 20-360 ( the recommendations of the staff and the plan- ning and zoning board and either approve, ap- prove with modifications, or deny the request stat- ing their reasons for such action. (Ord. No. 367, t I, Art. XIV-, Part A, ~ 44.85.9, 5.11-87) Sec. 20-360. Control of development following approval after construction com- pleted. (a) An approved planned unit development shall be considered to be a separate zoning district in which the final development plan, as approved, established the restrictions, regulations, and dis- trict description according to which development shall occur. Upon approval of the final develop- ment plan, the use of the land and the construc- tion, modification or alteration of any buildings or structures within the planned unit development shall be in accordance with the approved final development plan, rather than with other provi- (.., sions of this chapter., ' (b) After completion of construction of the area covered by a final development plan, no changes may be made except under the procedures pro- vided below: (1) If any minor extensions, alterations or modi. fications of existing buildings, structures or utilities are consistent with the purposes and intent of the final development plan, they may be authorized by the building code. (2) Any uses not authorized by the final devel. opment plan may be added to, modified or deleted from the final development plan in accordance with the provisions of section 20-359. (3) A building or structure that is totally 'or substantially destroyed may be reconstructed only in compliance with the final develop- ment plan unless an amendment to the plan is approved in accordance with the provi. . sions of this artic1e.~ (Ord. No. 367, , 1, Art. XIV, Part A, f 44.85.10 5-11-87) , 1231 ~ 20-383 ~RSPRINGSCODE extension of the sidelines of the primary dwelling;" 8. Off.street parking requirements, both enclosed and open, and author. ized locations for same. 9. Landscaping and tree preservation in accordance with chapter 5. b. A developer or owner of a PUD as a condition to receive approval of PUD ~ zoning or approval of a final subdivi- ~ . sion plan shall agree as a condition ... ., thereof that these covenants, conditions, ~,.:'- restrictions, agreements, or grants must " be enforceable by the city and that the city is the proper party plaintiff to en- force the same in law or equity in any court of competent jurisdiction. In ad. dition, no permits shall be issued for buildings in a PUD that do not con- form with the requirements above. c. In currently approved PUD's the re- quirements of (13)a. above which are contained in currently listed or subse- quently revised covenants, conditions, restrictions, agreements or grants shall be enforceable by the city in law or equity in any court of competent juris- diction. . (14) In order to protect the public interest, the planning and zoning board and/or the city commission may request any additional in- formation deemed necessary for the decision. making process. Failure to submit the re- quested information will result in the de- nial of the application. (Ord. No. 367, ~ 2, Art. XIV, Part B, ~. 44.85.7, 5-11-87) Sec. 20-384. Final engineering plan approval. After the approval of the final subdivision plan and the preliminary engineering plan, a final en- gineering plan must be submitted and approved by the city commission in accordance with chap- ter 9 and all other pertinent ordinances and regu- lations must be complied with. (Ord. No. 367, ~ 2. Art. XIV, Part B, ~ 44.85.8, 5-11-87) Sec. 20-385. Alteration to the master plan. (a) Any request for an alteration, revision or modification to the master plan shall be submit- ted to the city planner for review by.the planning and zoning board. After review and receipt of staff comments, the board may approve, or ap- prove with modifications, a change that is consis- tent with: (1) The purpose and intent of the PUD district; (2) The concept, land uses, densities and phas- ing of the approved master plan; (3) Any other pertinent ordinances or regula- tions. (b) If the planning and. zoning board determines that the proposal is not consistent with such provi- sions, a public hearing on the request shall be held by the city commission. Upon receipt of recommendations from the staff and the planning and zoning board, the city commission shall hold a public hearing on the request and either ap- prove, approve with modifications, or deny the proposal stating the reasons for such action. (c) To protect the public interest, the planning and zoning board may hold a published public hearing in the process of determining whether the alterations, revisions or modifications are con- sistent with the approved master plan in making a recommendation to the city commission. (Ord. No. 367, ~ 2. Art. XIV, Part B, ~ 44.85.9, 5-11-87) Sec. 20-386. Alterations to the final subdivi- sion plan. (a) Any request for an alteration, revision, ad. dition or deletion to the final subdivision plan shall be submitted to the city planner for review by the planning and zoning board. The board shall review the request and make findings offaet as to whether the Proposal constitutes a change in the master plan. If so, the request must first be pro- cessed according to section 20-385. (b) If the proposed change is determined to be consistent with the master plan, the board shall review the proposal and the staff comments to determine whether or not the proposed change is consistent with the approved final subdivision plan. 1242 ("'''--. . . : -. " f- , ~. /'" ,.( \<::- ~J~;;';'~' ~'~';~~~~::i(~h;:!~'~K;::'~:,:;:~'~~;/):".."~';! :.,'. \,.,'ll 1 ,.",..\..,......",..~ .~..,,'__....... .!t;.~J~t~).\.;: 'f".'" ~:.,r:-.::~...'t:,::i..~.\....~i ':'. ";:.'." .:'. SE i- """"~"""'l",y." .'.,.,....:v.... '..:,'" 'J'~"~ r:. ;"::'.;,'.~"::'::,]:;,;,.., . . ':, .' .. ,'. . ." . ,. ~f/~ \ -1.",1; ';,IL" ,I": ..;., ".",. , " , "'. ,', . , ' . _ I , ;lJlft.: ~,.~:.~;.::) '1";Q1me ,on range, ,!where gatorsilr::lf . ' t. , , _ ..~~: ,,\., r . ..' . . " . . . . .' ..!"'~ 'l'i:t-:,.,...,-'J 1 : ~.!' ,,~. '>:e;1I4a.keJesup.. '." . {';~1:, ~.q Jr~~~,si!\!~a.:on:ers a ."C :anCe to Vlsltwet ,'.,' ':?~:';r i,r;~~~rna;;otii~Fkihds' : Ef,~,'''~'~~ ltab.itats.\': . ,., . ',!I;:~~:;!!,bio#4~i~\ . : 'SENTiNel: R~~P9'N~t<;i; li~n!~;~~~; 'aJ.()ne''Rw' 'i.a~r:e;'.llilm\:i'ched .by . /~~(~I~:;?1~~~~~W,~;r;'~f ;. L~e J~UP:,;"J\is~.a:ston~'sthrow , . from. the, E>. 'l~do;:$anford Air- ;.port; lie~:;a .' ffl~<ie<:ltemnant))f : the natur:aI llbltat.that,onc~ en- , circle<fthe hi '. e; '. . ,; .;< , " : . , . The. "L~e,;.Je~up:"Wllderness'. Area, whiCH . ned. to :the public . in January,'isa populardestina- tion for hikers, equestrians and. mountain bikers, though most . days of the' w~k - the alligators outnumber tpe people bya wide margin, . \ ! .' '. . 'rhe .490-acre wilderness :area , is a hodgepodge of natural diver- sity lying completely within the lake's flood plain. ' In fact, the ar~a is sometimes a part of the lcikejtSelf, Which va- . ries between'g;OOO and 16,000 acres, depending on water levels. A.more than:~-mile trail leads visitors throug~~. hammock,cy- press swamp, we prairIe, ,shallow marsh and mixed hardwood com~' mimities,' each Wi. h a distinctive blend of Plantand~riimallife. . The trail begi, s as a Wide gra,ssy .pathw,ayt a'f :.has, beeri' mowedoutof'the ense vegeta- . tion of the sur:rounaing wetprai- rie, Cabbage' palms, scrubby live oaks and lush, .thick grasses line the. path, which is. pockmarked with' muddy depressions. A'rela- tively small amount of .rain can turn the trail \ into a mud walk, and heavy rains can make it nearly' impassable except per- haps by canoe. Even during dry periods, the air is thick with moisture, and standing water provides habitat for insects and small animals, At first glance, there are only two colors to be seen - the blue of the sky and the green of every- thing else. But on closer inspec. . . ""'0 . STEVEN BARNES/THE ORl:ANOOsOO .' 'l._. " Bridge to nature. A small wooden footbridge crosses a ditch on the trail at Lake JesupWildeme where hikers will find wildflowers dotting the peaceful landscape of green grasses and blue sky. . tion, wildflowers can be seen peeking out of the tall grasses. Dapples' of pinkish.white swamp. :hibiscus and tiny pink . marsh mallows provide color, D;;irk or- ange hackberry butterflies zip er- ratically through the air..' ' One oUhe first things a hiker is likely to notice after moving away from the parking area is the sound of crickets and buzzing in~ sect$. At times, the chirping and buzzing drown out all other sounds. '. From the wet prairie, the trail 'crosses a footbridge over a .small , ditch onto a manmade dike that rises about <1 feet from thesur-' rounding marsh, The 'path nar- rows to just a few feet and con- tinues north and south' along the dike. Overhanging. palmettos pro. vide welcome relief from the sun. The palm frond-strewn ground provides cover for a variety of small animals, including marsh rabbits, cotton mice and snakes. Slick black mud makes the path deceptively slippery, and a wrong step could send the unwary hiker sliding downhill into the shallow marsh below. Occasional breaks in the vege. tation allow glimpses of the marsh that borders the lake and the blue water beyond. Alligators can. sometimes be seen sunning on the grassy banks 'while wad- ing birds such as. little blue her. on~, green' :herons and wood storks fish for their' supper.' The park also IS h<;ime to the Florida box turtle, the barred owl arid the l1ine~bimded armad,illo, Jim Duby, coordinator for nat. ural lands fQr Seminole County, said lucky' hikers who arrive early Or stay late also may catch a glimpse of river otters, gray foxes or the extremely elusive bobcats, which' often leave signs of their passage bul are. seldom seen. <<We have a lot of wildlife out . here," he said. . Seminole County .and the St. Johns River Water Management District are working to restore the flood plain to its original state by removing flood-control devices such as dikes and filling in manmade drainage ditches. The restoration is designed to help improve water quality in the lake by allowing the land to act as a. natural filter for runoff. There is also an effort under way to remove exotic plants that crowd out native species. In addition to being a pre. serve, the area' actS as a ,natU classroom where students of ages can learn about hydralo wetland ecology and water qu; ty. .' . There are: also, volunteer .. portunities available for the who want to help restore the v; lands. ',':\ Boy Scout troops as well; students from the UniversitY; Central Florida,. RoIluis .~~ and Seminole Community ( lege have all' partiCipated in'! forts to restore the wildernesSl. ea, gaining in the process .va1i . ble knowledge aqout a~: habitat that has ofterifalleu, tim to. rapid development. : -.f: Looping back around, the ti brings visitors agllln to the ~ ing area where a small paviJ,i covers a few picnic .tables .an< couple of charcoal grillsnear\l public boat ramp. .' The' wilderness area,' at ) end of South Sanford Aver. south of Lake Mary Boulevard open all year, from sunrise' sundown, although extrem wet conditions may force 1 park to close for safety reasoru For information on volunt opportunities, call Duby at '(4 665- 7345.