HomeMy WebLinkAbout2001 08 13 Public Hearings E Ordinance 2001-39 Concurrency Management Procedure for Certain Public Facilities
COMMISSION AGENDA
ITEM E
Consent
Informational
Public Hearing X
Regular
August 13.2001
Meeting
~ VN"
Mgr. /
Att. /
Dept.
REQUEST:
Pursuant to the Stipulated Settlement Agreement with Terry Scarlata and the Florida Department of
Community Affairs, the City Attorney requests 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.
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.
Page 1 of 4
APPLICABLE LAW AND PUBLIC POLICY:
Section 163.3184(9), Florida Statutes, permits adversely affected parties to a 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.
CONSIDERA TIONS:
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.
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.
Page 2 of 4
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 "minimum 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, S 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, S9-
103(b) permits the City Commission to absolutely waive the dedication requirement.
The proposed S9-514(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.
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 length is approved by
the City Commission by variance. When considering 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
Page 3 of 4
of the residential community that the recreational area is intended to
serve, and the compatibility of the recreational area with the
surrounding neighborhood.
The City Attorney will be requesting Ms. Scarlata's consent to the minor revision because the
proposed Ordinance is different from the one attached to the Stipulated Settlement Agreement.
STAFF RECOMMENDATION:
The City Attorney recommends that the City Commission consider adopting Ordinance 2001-39, as
revised.
ATTACHMENTS:
Proposed Revised Concurrency Management Ordinance 2001-39 and Stipulated Settlement
Agreement.
COMMISSION ACTION:
F:\DOCS\City of Winter Springs\Agenda\Scarlata revised. doc
Page 4 of 4
1.
PROPOSED REVISED CONCURRENCY
MANAGEMENT ORDINANCE 2001-39
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 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 Concu"encv Evaluation. The purpose of this Article is to implement the
concurrency 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 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 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 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) City's Growth Management 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 by 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. Any order granting. denying or granting with conditions an
apolication for a development oermit.
( e) 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.
(t) 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 of this 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.
Cf) Existing use of property. acreage of property. name ofDRl PUD. Subdivisions.
Cg) 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.
(1) Possible alternative with respect to size. number. location or nature of vehicle access
points.
em) 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.
ep) 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 apolicant 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 requirement for any concurrency facility shall
City of Winter Springs
Ordinance No. 2001-39
Page 5 of 16
be subiect to a new concurrency review. An application fee may be established by the City
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. Concurrency 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 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 proposed use shall be subiect to concurrency evaluation.
(b) 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 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 previous
use has been actively maintained on the site during the six (6) month period prior to the date of
application for the concurrencv 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.
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 acceptable under the City's Growth Management Policies for:
(I) 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 development are available
concurrent with the impacts of development. as required by law.
City of Winter Springs
Ordinance No. 2001-39
Page 7 of 16
Sec. 9-511. Potable Water LOS
rReservedl
Sec. 9-512. Solid Waste LOS
[Reservedl
Sec. 9-513. Wastewater LOS
rReservedl
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. Citywide
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 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 parks 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 population. In
performing the concurrency evaluation for community parks for a proposed 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 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 community 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 of the level of service standards established for each residential develooment 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
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 onlv 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 necessary 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 ofland 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 square or green for the pursuit of leisure 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 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., gradual pond slopes). 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 length is approved by the
Citv Commission by variance. When considering 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.
(d) For purposes of complying with the concurrency requirements of this section, properties
zoned Town Center on June 1, 2000 shall satisfy concurrency by providing the parkland required by
the Town Center Zoning Code and applicable development agreements.
Sec. 9-515. Storm water LOS
rReservedl
Sec. 9-516. Transportation LOS
(Reserved]
Sec. 9-517 to 9-529.
rReservedl
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 11 of 15
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 ofthe proposed development on the public facilities and
services subiect 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 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
City of Winter Springs
Ordinance No. 2001-39
Page 12 of 16
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
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
subiect 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.
b Parcel J.D. number and legal description.
~ Date of issuance.
4. Proposed use(s) bv land use category. square feet. and number of units.
.i Phasing information by proposed uses. square feet. and number of units. if applicable.
6. Total current available capacity within service area(s).
1. Proiect impact based on LOS Standards.
A Concurrency Certificate shall expire one (I) year after issuance unless the applicant
commences construction of the development under a validly issued building permit. A one (1) year
extension may be 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 subiect to a new concurrency evaluation.
Division 4. Appeal Procedures.
Sec. 9-540. Notice of Appeal. The applicant mav appeal the denial of a certificate of concurrency
by the Development Review Committee by filing with the city manager a written notice of appeal
within fifteen (15) days 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 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 hearin~. the city manager shall
provide the city commission with all information submitted to the Development Review regarding the
subiect 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 citv commIssIon on a
concurrency application shall be subiect to iudicial 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 _ day of
,2001.
PAUL PARTYKA
Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
City of Winter Springs
Ordinance No. 2001-39
Page 15 of 16
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY:
ANTHONY A. GARGANESE
City Attorney
First Reading:
Second Reading:
Effective Date:
F:\DOCSICity of Winter SpringslOrdinancesl2001-39 revised -scarlata.wpd
City of Winter Springs
Ordinance No. 2001-39
Page 16 of 16
2.
STIPULATED SETTLEMENT
AGREEMENT
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
TERR Y SCARLATA,
Petitioner,
vs.
Case No.: 00-0698GM
CITY OF WINTER SPRINGS AND
DEP ARTMENT 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
DEP ARTMENT OF COMMUNITY AFFAIRS, as a complete and final settlement of all claims
raised in the above-styled proceeding.
RECIT ALS
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 I of 8
/'-;Y
I.([:y
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:L"'vY
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 ofthe Notice ofIntent 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 of the Plan
Amendment. Subsequent to the filing of the Amended Petition, the parties conferred and agreed to
resolve the issues in the Amended Petition through this Agreement. It is the intent of this 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 "B" 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
.,....-...
(i~i
copy of the adopted ordinance shall be delivered to Petitioner. A copy of the 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 ofthe Remedial Action shall not be counted
toward the frequency restrictions imposed upon Plan Amendments pursuant to Section 163.3187 (1),
Florida Statutes.
8. Purpose 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 (l6)(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
G;
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
Q
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.
~~LY~Lt. ~})/Jt.~
TERR y: $ CARLA T A, Petitioner
l./
Page 7 of 8
..,......-..........
/ \
(-1'19/
DEPARTMENT OF COMMUNITY AFFAIRS, Respondent Approved as to form and
legality:
By: ~),'\'w'-'.::, ~~
J. THOMAS BECK SR, Director
Division of Community Planning
F <lit..
se1
Department of Community Affairs
Date
.6 J I-.ff 01
I
AN~~vV ~ - a~~~orJ
Print Name
0-\"2- -0\
Date
CITY OF WINTER SPRINGS, Respondent
Approved as to form and
~
ANTHONY A. GARGANESE
City Attorney
City of Winter Springs
r:- /tJrjo I
Dat~ /
By: /fl ~ U /n '-- t.- ~
RONALD W. MCLEMORE
City Manager
J/~1/tJ r
.
Date
F:IDOCSICi!y of Winter SpringslScarlatalPleadingslstipulated settlement.kj
Page 8 of 8
/---.....,
(zrtfl
J.a STATE OF FLORIDA "j"
I1lP ARThfENT OF COM:MUNITY AFF Ah
NOTICE OF INTENT TO FIND THE
CITY OF WINTER SPRINGS
COtvIPREHENSTVE PLAN AMENDMENT IN CONfPLIA.t'\(CE
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 COMPL!A.t.'l'CE, 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, Florid~ 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 Plan 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 petition~I:"
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 of Intent shall become final agency action. " "
If a petirion 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 contents described in Uniform 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 163.3189(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.
-'
C~~'Yv~OJ1-^fZv.v
Charles Gauthier, AICP
Chief, Bureau of Local Planning
Department of Community Affairs
Division of Community Planning"
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
I!(!~~'i"
~
EXHIBIT A
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 TIDS
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
SPRINGSHEREBY 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 I'~ ~
Sec. 9-500. PUrf)ose of Con curren cv Evaluation. The purpose of this Article is to implement the
concurrency 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 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 anv 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 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 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) Citv's Growth Manaf{.ement 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) Concurrencv 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) Concurrencv Evaluation. Evaluation by 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. Any order granting, denying or granting with conditions an
application for a development permit.
(e) Develooment 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 ofland.
(f) Develooment Review Committee. Shall be a committee established by the City Manager
to review and approve applications for the development onand. 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
carrving out the requirements of this 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 concurrencv 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 J.D. 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. 200]-39
Page 4 of 16
(j) Possible limitations on the height, size, location, density or intensitv of a building or other
structure.
(k) Possible phasing schedule.
(1) 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 si~nificant 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 subject property that result in an increased capacity requirement for any concurrency facility shall
City of Winter Springs
Ordinance No. 2001-39
Page 5 of 16
be subiect to a new concurrency review. An application fee may be established by the City
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 modi fication 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. Concurrency 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 prior to the date of application for
concurrency evaluation. then no concurrency evaluation shall be required. Ifno 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 concurrency evaluation.
(b) The impact of such change. redevelopment or modi fication 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 previous
use has been actively maintained on the site during the six (6) month period prior to the date of
application for the concurrencv 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.
rReserved]
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:
(l) 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 development are
available concurrent with the impacts of development. as required by law.
Sec. 9-511. Potable Water LOS
City of Winter Springs
Ordinance No. 2001-39
Page 7 of 16
fReserved I
Sec. 9-512. Solid Waste LOS
fReserved I
Sec. 9-513. Wastewater LOS
fReservedl
Sec. 9-514. Parks and Recreation LOS
A parks and recreation concurrencv 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 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 bv
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 parks 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 population. In
performing the concurrency evaluation for community parks for a proposed 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 parkland. then the development shall be deemed
concurrent for community parks and a certificate shall be issued consistent with section 9-533 of this
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 pay the City a fair share community 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
Citv'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 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 performinl?: the concurrency evaluation for neil?:hborhood parks and recreation for a proposed
residential development. the Development Review Committee shall determine the number of acres
ofparkland 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
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 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 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 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 square 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 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.. gradual pond slopes).
All parkland required by this Article shall be a minimum of one-half (.5) acre.
(d) For purposes of comp lying with the concurrency req uirements of this section. properties
zoned Town Center on June L 2000 shall satisfy concurrency by providing the parkland required
by the Town Center Zoning Code and applicable development agreements.
Sec. 9-515. Storm water LOS
rReserved I
Sec. 9-516. Transportation LOS
rReservedl
Sec. 9-517 to 9-529.
rReservedl
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
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, wildli fe 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
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
subiect 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:
1.:. Name, address, and telephone number of the applicant and property
owner.
.f.:. 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).
1. Proiect impact based on LOS Standards.
A Concurrency 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 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 subiect to a new concurrency evaluation.
Division 4.
Appeal Procedures.
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Ordinance No. 2001-39
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Sec. 9-540. Notice of Appeal. The applicant may appeal the denial of a certificate of concurrency
by the Development Review Committee by filing with the city manager a written notice of appeal
within fifteen (15) days 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 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 ofthe hearing. Prior to the hearing. the city manager shall
provide the city commission with all information submitted to the Development Review regarding
the subiect 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 citv commission on a
concurrency application shall be subiect to iudicial 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
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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 _ 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:
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Ordinance No. 2001-39
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Effective Date:
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Ordinance No. 2001-39
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