HomeMy WebLinkAbout2001 09 10 Public Hearing E Ordinance 2001-39 Chapter 9COMMISSION AGENDA
ITEM E
September 10, 2001
Regular Meeting
REQUEST:
Consent
Informational
Public Hearings X
Regular
4/~%i
~~
Mgr. A~ Dept.
Authorization
The City Attorney requests that the City Commission consider approving
Ordinance 2001-39, through this second reading and public hearing, which
will amend the Winter Springs Code of Ordinances Chapter 9 by
establishing a concurrency management procedure for certain public
facilities, pursuant to the Stipulated Settlement Agreement with Terry
Scarlata and the Florida Department of Community Affairs.
PURPOSE:
The purpose of this Agenda Item is to request that the City Commission
consider approving an Ordinance amending Winter Springs Code of
Ordinances Chapter 9 by establishing a concurrency management
procedure for certain public facilities and particularly parks and recreation
at this time. In addition to establishing the general concurrency procedure
for determining adequate levels of service for new development,
Ordinance 2001-39 establishes a detailed method to determine parks and
recreation concurrency. Similar detailed procedures will be established for
potable water, sewer, drainage, and transportation levels of service at a
later date. Pursuant to the aforementioned Stipulated Settlement
Agreement, upon adoption of Ordinance 2001-39, the pending
administrative action will be dismissed with prejudice and the matter will
be concluded. If the Ordinance is not adopted, Ms. Scarlata will have the
right to continue prosecuting the case before an administrative law judge.
CITY OF WINTER SPRINGS
REGULAR MEETING -SEPTEMBER 10, 2001
PUBLIC HEARINGS AGENDA ITEM "E"
PAGE 2 OF 4
APPLICABLE LAW AND PUBLIC POLICY:
Section 163.3184(9), Florida Statutes, permits adversely affected parties
to challenge Comprehensive Plan Amendment adopted by a municipality.
Section 163.3180, Florida Statutes, requires municipalities to adopt
concurrency management guidelines to serve new development.
Guidelines must be in place for sanitary sewer, solid waste, drainage,
potable water, parks and recreation, and transportation facilities.
CONSIDERATIONS:
A. Ms. Terry Scarlata challenged the City of Winter Springs'
Comprehensive Plan Amendment 99-2, as adopted by City Ordinance No.
724 on August 16, 1999. This Amendment created the Greeneway
Interchange Comprehensive Plan designation.
B. The Florida Department of Community Affairs found the Amendment
to be in compliance.
C. The City of Winter Springs and the Department of Community Affairs
negotiated a Stipulated Settlement Agreement with Terry Scarlata on May
18, 2001. It was the intent of the Stipulated Settlement Agreement to fully
resolve all issues between the parties in the proceeding.
D. The City of Winter Springs has 60 days after execution of the
Stipulated Settlement Agreement to consider for adoption the remedial
action of adopting a concurrency management Ordinance, which is
attached to the Stipulated Settlement Agreement.
E. Adoption of the remedial actions shall not be counted toward the
frequency restrictions imposed upon Plan Amendments pursuant to
Section 163.3187(1), Florida Statutes.
F. Chapter 163, Florida Statutes, requires that municipalities adopt
concurrency management Ordinances.
G. The concurrency Ordinance would establish a standard procedure for
the City to determine whether public facilities and services are available to
meet the needs of new development as required by law.
H. Staff has reviewed and commented on the Ordinance.
CITY OF WINTER SPRINGS
REGULAR MEETING -SEPTEMBER 10, 2001
PUBLIC HEARINGS AGENDA ITEM "E"
PAGE 3 OF 4
I. The City Commission approved the Stipulated Settlement Agreement
on May 29, 2001 and the Florida Department of Community Affairs
approved the Agreement on June 14, 2001.
PREVIOUS COMMISSION ACTION:
On May 29, 2001, the City Commission approved the Stipulated
Settlement Agreement. However, the Commission delayed first reading of
Ordinance 2001-39 because of further policy considerations, as follows:
1. Section 9-514 of the Ordinance would require a Aminimum one-half
(.5) acre of dedicated neighborhood parkland for new residential
development. A question was presented by the Commission as to whether
the parkland dedication would establish a new policy requirement.
The answer is not really. Section 9-103 of the existing Code
provides:
...[T]he developer of all residential subdivisions which are to be
platted, but excluding those located in an approved PUD, shall
confer with the planning and zoning board in regard to sites for
schools, parks, playgrounds and other common areas for public
use, at the time of presentation of the preliminary plan. An area
equal to five (5) percent of the gross area shall be dedicated by the
owner to the city for park and recreational purposes.
...[W]hen the land to be developed is less than twenty (20) acres in
size, the city staff may recommend that the city council waive the
aforesaid requirement in conjunction with approval of the
preliminary plan. (Code 1974, 14-62).
Therefore, the City has a long standing existing policy of requiring
dedicated parkland in the City for new residential development. However,
on land less than twenty (20) acres, 9-103(b) permits the City Commission
to absolutely waive the dedication requirement.
The proposed 9-514(b) also allows a waiver, but the waiver is not
absolute. A developer would have to provide either off-site parkland or
fees in lieu of land.
CITY OF WINTER SPRINGS
REGULAR MEETING -SEPTEMBER 10, 2001
PUBLIC HEARINGS AGENDA ITEM "E"
PAGE 4 OF 4
2. The Commission also raised a question regarding the minimum size
dimensions of dedicated parkland. Section 9-514(c) was amended to
address the Commission's concerns and now states:
All parkland required by this Article shall be a minimum of one-
half (.5) acre and have a minimum width and length of one
hundred twenty-five 125) feet unless a lesser width or len tg h is
~nroved by the City Commission by variance. When considerin>;
a variance, the City Commission shall consider whether the
requested size and dimensions of the park will provide a functional
recreational area in light of the recreational amenities proposed, the
recreational demands of the residential community that the
recreational area is intended to serve, and the compatibility of the
recreational area with the surrounding neighborhood.
Ms. Scarlata has consented to the minor revision.
The City Commission approved the First Reading of Ordinance 2001-39
on August 13, 2001.
FUNDING:
None required.
STAFF RECOMMENDATION:
The City Attorney recommends that the City Commission consider
adopting Ordinance 2001-39 on Second Reading.
ATTACHMENTS:
A Concurrency Management Ordinance 2001-39.
B. Copy of the advertising for Second Reading of Ordinance 2001-39.
C. Copy of the Minutes from the August 13, 2001 City Commission
Regular Meeting, referencing the First Reading.
COMMISSION ACTION:
ATTACHMENT
«A~~
ORDINANCE N0.2001-39
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 ESTABLISHING A CONCURRENCY
MANAGEMENT PROCEDURE FOR CERTAIN PUBLIC
FACILITIES MORE FULLY SET FORTH IN THIS
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
SPRINGS HEREBY 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
Sec. 9-500. Purpose of concurrency Evaluation. The purpose of this Article is to implement the
concurrencv provisions of the City's Growth Management Policies consistent with the provisions of
Chapter 163, Part II, Florida Statutes, and applicable administrative rules It is also the pur op se 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 anYproposal 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 development 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 pro_,posed 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:
~l City's Growth Management Policies. The growth mana eg ment policies of the Citv of
Winter Springs that are set forth in the City's Comprehensive Plan and land development regulations
which regulate land devel~ment 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.
~) Concurrency Evaluation. Evaluation by the Development Review Committee based on
adopted levels of service standards to ensure thatpublic facilities and services are available concurrent
with the impacts of such development as defined in this Article.
~d) Development Order. Any order rg anting, den~g or rg antin~ with conditions an
application for a development permit.
~) Development Permit. Includes any building_permit, zoning_permit, subdivision approval,
rezoning certification special exception, variance, or any other official action of the City having the
effect of permitting the development of land.
~ Development Review Committee. Shall be a committee established by the City Manager
to review and approve applications for the development of land. At a minimum, the committee shall
consist of the directors of utilities/public works community development, and narks and recreation
or their designee The City Manager or City Commission may also appoint residents of Winter
Wirings to serve on the committee.
Level of Service Standard The measurement indicating the de>?ree 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
camina out the requirements of this Article and shall make determinations re arding concurrencX
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.
fib) Name, address, and telephone number of applicant and property owner:
~c,) Parcel I.D. number, street address, and legal description.
(d) Proposed land use(s) by land categor~%, square feet and number of units.
~) Phasing information by_proposed uses, square feet and number of units.
~f) Existint; use of propertr~acreage of property, name of DRI, PUD, Subdivisions.
(~) 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
(~) Possible limitations on the height, size, location, density or intensity of a building or other
structure.
(k Possible phasing schedule.
(1) Possible alternative with respect to size, number, location or nature of vehicle access
omts.
gym) Possible increase in the amount of street dedication, roadway width, or construction of
roadway improvements within street right of wad
fin) Plans for the protection of existing trees, vegetation, water resources, wildlife habitat and
other significant natural resources.
(o) Any information re ag rding_possible solutions or alternatives which would permit the
proposed development in conformitywith the requirements and intent of this Article and the
Cites Growth Management Policies.
gyp) 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
concurrence 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 subject property that result in an increased capacit~quirement for any concurrence facility shall
City of Winter Springs
Ordinance No. 2001-39
Page 5 of 16
be subiect to a new concurrence review. An application fee may be established b ty he Cif
Commission by 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) Any change, redevelopment or modification of use shall require a concurrency evaluation
under this Article, provided the proposed change, redevelopment or modification of use has more
than a de minimis impact on public facilities and services than 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. Concurrence 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 durin the six 6 month period prior to the date of application for
concurrency evaluation then no concurrency 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~roposed use shall be subject to concurrency evaluation.
~) The impact of such change redevelopment or modification shall be measured in terms of
level 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 ~Lneration.
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 previous
use has been actively maintained on the site durin the six 6 month period prior to the date of
application 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 support 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 redevelopment shall be based upon the net increase of the impact for
the new or proposed land use as compared to the most recent land use existing_prior to demolition,
provided that such credit is utilized within six (6) months of the date of the issuance of the demolition
permit. Such credits are non-transferrable.
Sec. 9-506 to 9-509.
~Reservedj
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 acceptable under the City's Growth Management Policies for:
(1) potable water; (2) solid waste; (3) wastewater; (4Zparks 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 development are available
concurrent with the impacts of development, as required b 1
City of Winter Springs
Ordinance No. 2001-39
Page 7 of 16
Sec. 9-511. Potable Water LOS
jReservedJ
Sec. 9-512. Solid Waste LOS
(Reservedj
Sec. 9-513. Wastewater LOS
f Reserved],
Sec. 9-514. Parks and Recreation LOS A parks and recreation concurrency evaluation shall be
required for any residential development on a citywide and per development basis. Cit ide
minimum levels of service for parklands shall be determine on a two level basis for community parks
and neighborhood parks. In addition to the citywide minimum levels of service, new residential
development shall supplement the system of neighborhood parks and recreation services by providing
parklands or fees in lieu ofl 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~arks and recreation- level of service standards for community parks shall be
monitored by the Cit through concurrency evaluations to ensure that the minimum level of service
standard for citywide communityparks remains at or above 1.6 acres per 1000 population. In
performing the concurrency evaluation for communitYparks for a proposed residential development,
the Development Review Committee shall determine the number of acres of communityparkland
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 parkland, then the development shall be deemed concurrent
City of Winter Springs
Ordinance No. 2001-39
Page 8 of 16
for community parks and a certificate shall be issued consistent with section 9-533 of this Article
If a residential development causes or continues to cause the level of service for community parks to
be not concurrent, the developer shall pay the City a fair share communityparks 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
communityparks 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 of the 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 concurrencv 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
City of Winter Springs
Ordinance No. 2001-39
Page 9 of 16
the parks and recreation standard by providing a combination of on-site and off-site parkland and 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 required 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 of this
Article, with the condition that the necessar}~parkland and recreational services (including any impact
fees) shall be in place or paid when the impacts of the 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 exclusivelxset aside as a neighborhood or community recreational area including, but not limited
to a play~~round playing field swimming pool tennis court fishing hole or pier, nature trail,
landscaped citYsquare 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 plantin sg in a park like
City of Winter Springs
Ordinance No. 2001-39
Page 10 of 16
setting). If a storm water retention pond is used for parkland purposes, the pond shall include
abutting uplands for park purposes at least equal 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_ rag dual pond slopesZ All
parkland required by this Article shall be a minimum of one-half (. 5) acre and have a minimum width
and length of one hundred twenty-five 125) feet unless a lesser width or len his approved b
City Commission by variance. When considering a variance, the City Commission shall consider
whether the requested size and dimensions of the Qark will provide a functional recreational area in
light of the recreational amenities proposed, the recreational demands of the residential community
that the recreational area is intended to serve, and the compatibility of the recreational area with the
surrounding_nei~hborhood.
~) For purposes of complyingwith the Concurrency requirements of this section, properties
zoned Town Center on June 1, 2000 shall satisfy Concurrency b~providing the parkland required by
the Town Center Zoning Code and applicable development agreements.
Sec. 9-515. Storm water LOS
Reserved
Sec. 9-516. Transportation LOS
Reserved
Sec. 9-517 to 9-529.
Reserved
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
City of Winter Springs
Ordinance No. 2001-39
Page 1 I of I S
as aracticable, 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 judgement of the Development Review Committee is
reasonably necessary to evaluate the impacts ofthe proposed development on the public facilities and
services subject to review under this Article. During the review process the Development 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 concurrenc~greement approved b t~v 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 anv 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 anv of the following:
~) Limit the manner in which the use is conducted, including restrictin dg ensity and intensity
of the use.
(b) Limit the height, size, location, density or intensity of a building or other structure.
~c,) Require phasin og f the project.
(d) Designate the size, number, location or nature of vehicle access points.
fie) Increase the amount of street dedication, roadway width, or require construction of road
City of Winter Springs
Ordinance No. 2001-39
Page 12 of 16
improvements within the street right-of--way
(fl Protecting existing trees vegetation water resources wildlife habitat or other si nificant
natural resources.
(g) Specify other conditions to permit development in the City in conformity with the intent
and puroose of this Article and the ado ted City Growth Management Policies
All conditional approvals shall be incorporated in a written development as;reement which shall be
subject to City Commission ap royal.
Sec. 9-533. Concurrencv 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
Concurrencv Certificate does not guarantee capacity in the future or encumber or vest capacity for
any period of time. At a minimum, the Concurrencv Certificate shall contain
1. Name, address, and telephone number of the applicant and property.
owner.
2. Parcel I.D. number and legal description.
3. Date of issuance.
4. Proposed use(s) by land use category, square feet and number of units
5. Phasing information by proposed uses, square feet and number of units if applicable
6. Total current available capacity within service area(s).
7. Project impact based on LOS Standards.
A Concurrencv Certificate shall expire one 1) year after issuance unless the applicant
commences construction of the development under a validly issued building permit A one (1 year
extension maybe granted by the Development Review Committee provided circumstances have not
City of Winter Springs
Ordinance No. 2001-39
Page 13 of 16
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. Appeal Procedures.
Sec. 9-540. Notice of Appeal. The applicant ma~ppeal the denial of a certificate of concurrency
by the Development Review Committee by filing with the city mana>;er a written notice of appeal
within fifteen (15~ys after the date of the concurrency denial.
Sec. 9-541. Appeal Notice and Hearing. Upon receipt of a written notice of appeal the city
manager shall schedule the matter for consideration b t~ city commission within thirty (30) dam
after the appeal is filed. The city clerk shall noti the applicant of the day of the city commission
hearing at least ten (l0~days in advance of the hearing Prior to the hearing, the cit~mana er shall
provide the city commission with all information submitted to the Development Review re ag rding the
subject concurrenc~pplication 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
improve 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
City of Winter Springs
Ordinance No. 2001-39
Page 14 of 16
changed or modified as necessary to effectuate the foregoing.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
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
of the 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 10th day of
ATTEST:
~4NbREA LC~O-LUACES
City Clerk
City of Winter Springs
Ordinance No. 2001-39
Page 15 of 16
APPR D AS TO FORM AND LEGAL SUFFICIENCY
F THE TY OF WINTER SPRINGS ONLY:
ANTHONY A. GARGANE
City Attorney
First Reading: August 13, 2001
Second Reading: September 10, 2001
Effective Date: September 10, 2001
City of Winter Springs
Ordinance No. 2001-39
Page 16 of 16
ATTACHMENT
«B~~
vriana~
Sentinel
Published Daily
Mate of ,~'[oriba ~ s.s.
COUNTY OF ORANGE
Before the undersigned authority personally appeared Julia NiChOls
who on oath says
that he/she is the Legal Advertising RepresentatNe of Orlando Sentinel, a dally
newspaper published at AL 'j A " U •y "j ~ j r !~ l1•! f: ~ in
C ~ ~ j N O!= E County, Florida;
that the attached copy of advertisement, being a T,yOT ~ r cc OF }'eiOP?S1=
in the matter of ORi7INltli~# -+alll-~9 -
in the Sl7IN0Ut Court,
was published in said newspaper in the issue; of I la i ~ E. /11 1
Affiant further says that the said Orlando Sentinel is a newspaper published at
A!= i A"IOsUTic a~ ~ } ~ L;'> in said
:* C1Z11i01!" County, Florida,
and that the said newspaper has heretofore been continuously published in
said : ~ M r N nL~ County, Florida,
each Week Day and has been entered as second-class mail matter at the post
office in AL?A11~NT1 r{}I.;,~~e in said
c l^ st T v nt E- County, Florida,
for a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he/she has neither paid
nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper. ~.~
The foregoing instrument was acknowled B fore me this s1sL day of
August ,2001 ,by J ichols ,
who is personally known to me and did take a~i oaths
(SEAL) !. ?'tr\ rsL~EF.,r cc see
M~ Comm r:•;;. 3/10;05
No-LD U04U41
I I Persmally Hno.m I I Offier LD.
NOTICE OF PROPOSED CHANGES
TO CHAPTER 9 WINTER SPRINGS
CODE OF.ORDINANCES
NOTICE IS HEREBY GIV-
EN THAT THE CITY COM-
MISSION OF THE CITY OF
WINTER SPRINGS WILL
HOLD A PUBLIC HEAR-
ING FOR THE SECOND
READING ON PROPOSED
ORDINANCE 4001-39 TO
CONSIDER AMEND•
MENTS TO CHAPTER 9I
OF THE CITY CODE.
A PUBLIC HEARING DN
:THE PROPOSED OROL.
~~NANCE WILL BE HELD
-0N SEPTEMBER 10, 2001,
AT 6:30 P.M. AT THE WIN-,
TER SPRINGS CITY
' HALL
ORONIANCE 1001.49
AN ORDINANCE Oi THE CIYY COM-
MISSION OF THE CITY Of WINTER
SPRINGS, FLORIDA, AMENDING
TXE CITY OF WINTER SPRINGS
~: CODE OF ORDINANCES, CHAPTER 9.
BY ESTABLISHING A CONCUMEN-
ICY MANAGEMENT PROCEDURE
FOR CERTAIN PUBLIC FACILITIES
MORE FULLY fET FORTH IN THIS
ORDINANCE,• PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT
ORDINANCES ANO RESOLUTIONS;
PROVIDING FOR INCORPORATION
INTO THE CODE PROVIDING FOR
SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE GATE
A PUBLIC HEARING ON
'THE SECOND READING',
~OF PROPOSED ORDI-
NANCE 2001-39 WILL
(TAKE PLACE AT THE
CITY COMMISSION CHAM-I
BERS IN CITY HALL AT
1116 EAST STATE ROAD
131, WINTER SPRINGS,
FLORIDA. ADDITIONAL!
'~ INFORMATION PERTAIN-
LNG TO THE ABOVE MAY
iIBE OBTAINED FROM
,THE OFFICE OF THE
'CITY CLERK AT CITY
I HALL, 1126 EAST STATE
:ROAD 131, WINTER
(SPRINGS, FLORIDA. FOR
(MORE INFORMATION
CALL 327-i800,EXT. N 227.
INTERESTED PERSONS
MAY ATTEND AND BE
HEARD.
PERSONS WITH DISABILI-
TIES NEEDING ASSIS-
I TANCE TO PARTICIPATE
IN ANY OF THESE PRO-
CEEDINGS SHOULD CON-
TACT THE EMPLOYEE
RELATIONS DEPART•
IMENT COORDINATOR 18
HOURS IN ADVANCE~OF
(THE MEETING AT (~07)
327-1800.
THIS IS A PUBLIC HEAR-
IING. IF YOU DECIDE TO
APPEAL ANY DECISION-
OR RECOMMENDATION
MADE BY THE CITY COM-
MISSION WITH RESPECT
TO ANV MATTER CON-
(SIDERED AT THIS MEET-
ING, YOU WILL NEED A
(RECORD OF THE PRO-
CEEDINGS, AND, FOR
'SUCH PURPOSES, YOU(
~T1HAT A VERBATIM LIRE
CNGS OIS TMADEOUPON~
WHICH THE APPEAL IS
I TO BE BASED.
AA~L(S~ENZO•
iLUACES
(CITY CLERK
CSE L1066988 Aug 31 ~1
ATTACHMENT
«C„
CITY OF W[NTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING -AUGUST 13, 2001
PAGE 17 OF 24
beyond just posting the property." Commissioner Martinez agreed and stated, "I feel the
same way."
Deputy Mayor McLeod opened the "Public Input "portion of this Agenda Item.
No one spoke.
The "Public Input "portion of this Agenda Item was closed.
Further brief discussion followed on a drawing that had previously been provided.
"I MOVE - TO MOVE ORDINANCE 2001-48 TO A SECOND READING."
MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER
MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR MCLEOD: AYE
MOTION CARRIED.
PUBLIC HEARINGS
E. Office Of The City Attorney
Requesting That The City Commission Consider Approving Ordinance 2001-39
Amending Winter Springs Code Of Ordinances Chapter 9 By Establishing A
Concurrency Management Procedure For Certain Public Facilities. (Pursuant To
The Stipulated Settlement Agreement With Terry Scarlata And The Florida
Department Of Community Affairs).
Attorney Garganese introduced this Agenda Item and advised the Commission that "This
Ordinance sets forth at this time, the procedures by which Staff will determine the levels
of service are satisfied, prior to development. In addition, this Ordinance also fills in the
Parks and Recreational level of service of requirements, and at a later date we would
come back with additional Code changes for levels of service regarding Sewer, Potable
Water, Garbage Collection, Solid Waste Collection, and other Public Utilities required by
Florida Statutes." Furthermore, Attorney Garganese stated that "Ms. Scarlata is in
agreement with this proposed Amendment and I am recommending that the Commission
move this Item on for Second Reading and Public Hearing."
Deputy Mayor McLeod stated, "Could we have a Motion to read this by "Title" only?"
"SO MOVED." MOTION BY COMMISSIONER GENNELL.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING -AUGUST 13, 2001
PAGE 18 OF 24
Commissioner Martinez inquired, "It doesn't say anything here under the request about
First Reading." Attorney Garganese responded that "This is First Reading."
SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER GENNELL: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR McLEOD: AYE
MOTION CARRIED.
Attorney Garganese read Ordinance 2001-39 by "Title."
Deputy Mayor McLeod opened the "Public Input "portion of this Agenda Item.
No one spoke.
The "Public Input "portion of this Agenda Item was closed.
"I MOVE TO APPROVE MOVING ORDINANCE 2001-39 FOR THE SECOND
READING." MOTION BY COMMISSIONER GENNELL. SECONDED BY
COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER GENNELL: AYE
DEPUTY MAYOR McLEOD: AYE
MOTION CARRIED.
• • AGENDA NOTE: THE FOLLOWING TWO REGULAR AGENDA ITEMS
WERE NEXT DISCUSSED, IN THE ORDER AS DOCUMENTED. • •
VI. REGULAR
REGULAR
G. Community Development Department
Requests Authorization For A Supplemental Appropriation Of $6,000.00 From The
General Fund To Provide Contract Inspection Services.
Mr. DeMarie introduced this Agenda Item.
Commissioner Martinez suggested postponing this Agenda Item until the full
Commission was here, and voiced his concern with how long the requested $6,000.00
might last.