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
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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.
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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
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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.
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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.
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Minutes Respectfully Submitted by: Amy Lovingfoss
Clerk