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HomeMy WebLinkAbout1996 06 10 Informational Item F COMMISSION AGENDA ITEM F REGULAR CONSENT INFORMATIONAL X June 10. 1996 Meeting MGR. !?JJP1 !DEP~ f Authorization REQUEST: Community Development Division presents, for informational purposes, an update on the Battle Ridge, Carroll, Weaver, Minter Large Scale Comprehensive Plan Amendments. PURPOSE: The purpose of this agenda item is to notify the City Commission that the Objections, Recommendations and Comments (ORC) Report from Department of Community Affairs (DCA) concerning the Battle Ridge, Carroll, Weaver, Minter Large Scale Compehensive Plan Amendment has been issued and advising the Commission that the report is flawed and incomplete as submitted. APPLICABLE LAW: The provisions of 163.3184 and 163.3187 Florida Statutes, 9J-11.006 Florida Administrative Code, Section 15-30 Code of Ordinances of the City of Winter Springs govern the procedural manner in which the review will be completed. The Seminole CountylWinter Springs Joint Planning Area Map adopted by the City Commission on August 14, 1995 establishing the Battle Ridge area to be included in the area to be considered for annexation. Annexation policies stipulated in the Land Use, the Potable Water and Intergovernmental Coordination Elements of the City of Winter Springs Comprehensive Plan, and other relevant provisions of the City's Comprehensive Plan. CONSIDERATIONS: * The City Commission on February 26, 1996, voted to transmit the Battle Ridge, Carroll, Weaver, and Minter comprehensive plan amendments to the Florida Department of Community Affairs to begin the process of review and comment per 163.3184 F.S. [See attached flow chart on process] June 10, 1996 AGENDA ITEM Page 2 '" * On May 3, 1996, a phone call was made to Mr. Charles Gauthier, Growth Management Administrator at DCA, seeking to provide additional information. Mr. Gauthier invited the City Manager to send the points made over the phone in a letter. Such letter (dated May 16, 1996) was faxed and hard copy that same day to Charles Gauthier reaffirming various points made in the call. * The Florida Department of Community Affairs (DCA) has submitted its Objections, Recommendations and Comments (ORC) Report on May 23, 1996 and was received in the City Manager's office on May 28, 1996. * A call to the DCA staff (plans reviewer) indicated "They probably did not receive it in time" to review for the preparation of the aRC Report. As a result, the ORC Report is flawed and incomplete as submitted. The information contained in the May 16, 1996 letter to Charles Gauthier addressed the majority of issues, objections, and concerns of the aRC Report. * East Central Florida Regional Planning Council indicated that their staff review "did not result in the identification of any significant impacts related to regional resources, facilities, or extra jurisdictional matters." [letter dated April 25, 1996] * The nature of an ORe Report is to call attention to areas that need further clarification and explanation usually involving additional supporting data and analysis. The present ORC Report requests further data and analysis and clarification with respect to: natural resource protection, pubic facilities, land use compatibility, needs, intergovernmental coordination, and urban sprawl. Scott Rogers, Brenda Weningham, Plans Reviewers, and John Healy, Community Program Administrator at DCA, indicated that an aRC Report should not be viewed as a final statement, but is intended to provide a focus on specific questions, concerns etc. The DCA staff expects and invites the applicants to respond and that typically there is a series of exchanges back and forth to provide requested clarification, data and analysis, and resolution of such questions, concerns, etc. indicated in the aRC Report. June 10, 1996 AGENDA ITEM Page 3 RECOMMENDATION: Information only; no action required. The process established in 163.3184 F.S. which is now being followed by the applicants allows for a response phase leading to a final review and "NOTICE of INTENT" by the Florida Department of Community Affairs. IMPLEMENTATION SCHEDULE: See attached flow chart. At this time the applicants are in the response phase. ATTACHMENTS: 1. aRC Report (May 23, 1996) 2. Memorandum to Ray Eubanks, DCA Planning Manager and John Healy, DCA Community Program Administrator concerning Battle Ridge Amendment (96-1) 3. Letter to Mr. Charles Gauthier from City Manager dated May 16, 1996. COMMISSION ACTION: LARGE SCALE COMPREHENSIVE PLAN AMENDMENT PROCESS ," - . " - . . ." . . .' . . . . . ." ;.' "". - .. . , '. . . ~'" . . . .... :",....~ . . ~ . ':" ~.". ~; . . . '" . . '..... :. .' .,.... ," ... '," .....< ...,.. ':'" ,....c.....,:",:. ...,....'...;~....:.:.::..~...; '..,..........:..~....:...._ <:':'!:,;:~....;.".:";.' ....,..,.,.~.~,:;,.;...-:~.::'~...,".:'.....,. ..".',::..,:...,~.'.,;>.:..::.~';".,....~:.'.:.~.>:.~ ".';'.:-,.:.:.:/.:~_.:.:. . .' . . . ..- . ,- - .,.: .~. . '"'". ...... ~ ::" -'. -' . .::" ". . -: . . . '. .... ~_ .<',<....< \,'},:.:,::.:::::.-;;.-:...., >.... .'.::, .' '.' .. .'. .. . ".:" .' ...... '. : ,.J' TRANSMITTAL PHASE < I I I I I I I I I I I fo-I . )K I I I I I I I I I I I TRANSMIT I TIME VARIES (approximately 30 Days) l.Dca1 Planning Agency holds Public Hearing per 163.3174(4)(a) F.S. with due pubrlC notice per 9J- 11.003(1) FA.C. NOTE: LPA may hold more than one Public Hearing. city Commission holds first Public Hearing on Transmilllll of amendment to stale review agencies with due public notice per 163.3184(15)(b) F.S. NOTE: City Commission may hold more than one Public Hearing on proposal 10 transmit Local Government Transmits Plan Amendmen1s and Support Documents to DCA, RPC, WMD. DOT, and OEP Not Transmit Applicant notified of decision. " '. :'., ~., . ' .."..... (within 75 days) ". ~.::. . .', COMPLETENESS PHASE \ V 5 WORKJNG DAYS If Complete DCA ~ Local Government transmittal fOf . I completeness per 9J-ll.006 F A.C. I . If Incomplete DCA Notifies Local Government and Agencies That Submillal is Incomplete (within 5 wOOing days of receipt) ..' ' ,~-. 'c. ..' :', .. ~.:' < ORC PHASE 65 - 90 DAYS ORC Review Initiated: Copies to Other Review Agencies (DOS, County, OEM, FGFWFC, ACS) (within 5 working days of determination review) Comments to DCA (within 30 days after receipt of DCA's I request for comments) DCA Issues Objections, Recommendations and Commenls Report (within 30 days after the 30 day deadfll'le for agency comments) RESPONSE PHASE local Government may respond to ORC report. "Negotiation in good faith" will delay 60 day action requirement per 163.3184(7) F.S. " '~I local Government Adopts Plan Amendmerns with Effective Dale (within 60 days after rece;pt I of ORe) per 163.3184{7) F.S. 'j' ~.. .... ADOPTION PHASE 60 DAYS Local Government Submits 5 copies of adopted plan amendments to DCA; 1 copy to RPC (within 10 working days aller adoption) . - . ~~ :: '."~. COMPLIANCE REVIEW PHASE EFFECTIVE DATE ( 45 DAYS )K Affected Party files cnaUenge within 21 Days after NOTICE OF INTENT If cnaUenged. Adminislrative Proceeding Pursuant to s. 120.57, F.S. DCA or Adminislralion Commission Issues Final Order TIME VARIES (with chaUenge or DCA request) "IF NO CHALLENGE. 22 DAYS" I I I 1 I, I: I I I ~ I I I I DCA issues "NOTICE OF INTENT" (within 45 days of receipt of a complete adopted plan amendment) If chalenged or found not in compliance, compliance negotiations may lead to a setlleIMnt agreement and remedial plan amendment pursuant to 163.3184(16). F.S. Not In Compliance DCA Requesls Ioonal hearing by DMsIon Of Adminislrive Hearings I I Administrative Proceeding Purnuantto 120.57, F.S. · -I Administration Commission t Issues Final Order _I Effective Date I .... ~. -, ~ .,;>,.~ ;.." -~ .:.., ....... P 'i"fi! '1"'""'lnlTIWIEJD) )' I: ~ . ~ j i~.I! , _' r, .,~.fi.~,t~I""J. /'. , ... 1 , MAY ~ 8 1996, S TATE 0 F F LOR I D A CITY OF WINTER SPRINGS D E PAR T MEN T 0 F COM M U NIT Y A F F A IRS City Manager EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES JAMES F. MURLEY Secretary Cove. nor May 23, 1996 The Honorable John F. 8;Jsh Mayor, City of Winter Springs 1126 East S. R. 434 Winter Springs, Florida 32708 7tJ~ ~ frV"" ""'" ~ J4 c;;4 ;1 il~ Dear Mayor Bush: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Winter Springs (DCA No. 96-1), which was received by the Department on March 18, 1996. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. I am enclosing the Department's Objections, F{ecommendations and Comments (ORC) Report, issued pursuant to Rule 9J-11.01 0, florida Administrative Code (F.A.C.). The issues identified in this ORC Report include the lack of protection of natural resources, public facility analysis, land use compatibility, needs analysis, intergovernmental coordination and the failure to discourage urban sprawl. It is very important that the adopted plan amendment address these issues, and all of the objections in the Department's ORC Report. Upon receipt of this letter, the City of Winter Springs has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes, and Rule 9J-11.011, F.A.C. Within ten working days of the date of adoption, the City must submit the following to the Department: 2555 SHUMARD OAK FLORIDA KEYS AREA OF CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, Suite 212 Marathon, Florida 33050.2227 BOULEVARD. TALLAHASSEE, SOUTH FLORIDA RECOVERY OFI'ICE P.O. Box 4022 8600 NW. 36th Street Miami, Florida 33159-4022 FLORIDA 32399-2100 GREEN SWAMP AREA OF CRITICAL STATE CONCERN FIELD OFFICE 155 Easl5ummerlin Bartow, Florida 33830-4641 Honorable John F. Bush May 23, 1996 Page Two Fiive copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the . Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropri- ate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011 (5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the East Central Florida Regional Planning Council. Please contact Scott Rogers, Planner IV, John Healey, Community Program Administr8tor or Charles Gauthiel. AICP, Growth Management Administrator, at (904) 487 -4545 if we can be of assistance as you formulate your response to this Report. Sincerely, CJJ\~~ ~. J. Thomas Beck, Chief Bureau of Local Planning Foil- JTB/srj Enclosures: Objections, Recommendations and Comments Report Review Agency Comments cc: Mr. Ron McLemore, City Manager Mr. Aaron M. Dowling, Executive Director, East Central Florida Regional Planning Council DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR THE CITY OF WINTER SPRINGS Amendment 96-1 May 23, 1996 Division of Resource Planning and Management Bureau of Local Planning This report is prepared pursuant to Rule 9J-11.010 INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the City of Winter Springs. proposed amendment to their comprehensive plan pursuant to s. 163.3184, Florida Statutes (F.S.). Objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Code (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. S(~me of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and an81ysis items which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non-applicability pursuant to Hule 9J-5.002(2), F.A.C., must be submitted. Tile Department will make a determination on the non-applica(Jility of the requirement, and if the justification is sufficient, the objection will be considered addressed. Thf' comments which follow the objections and recommendations section are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar: organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. OBJECTIONS, RECOMMENDATIONS AND COMMENTS for CITY OF WINTER SPRINGS AMENDMENT 96-1 A. FUTURE LAND USE MAP AMENDMENTS The City proposes four amendments (CPA-1-96, CPA-2-~6, CPA-3-96 and CPA-4-96) to the Future Land Use Map (FLUM) on parcels located in unincorporated Seminole County south of Lake Jessup and generally northeast of the intersection of State Road 417 (Central Florida Greenway) and State Road 434. The City has proposed these amendments in anticipation of annexing these parcels. Am!:ndment CPA-1-96 changes a 296.97 acre parcel (Battle Ridge Parcel) from Seminole County Suburban Estates (1 du/ac) and Conservation to City Lower Density Residential (range of 1.1 to 3.5 du/ac); and the three other amendments change the FLUM designations from Seminole County Rural-3 (1 du/3 ac) and Conservation to City Lower Density Residential (range of 1.1 to 3.5 du/ac) on 13.6 acres (CPA-2-96), 27 acres (CPA-3-96) and 28 acres (CPA-4-96) located adjacent to the eastern boundary of the Amendment CPA-1-96 parcel. The following objections are raised to the proposed amendments to the FLUM: 1. Objection: The proposed FLUM Amendments CPA-1-96, CPA-2-96, CPA-3-96 and CPA- 4-96 request an increase in the maximum allowable development density on each parcel; however the amendments are not supported by data and analysis that demonstrates the proposed land uses are needed to accommodate the projected population of the City. The proposed amendments do not analyze the extent to which the land use needs projected in the City's . comprehensive plan are met or are not met by the City's currently adopted FLUM, and the amendments do not analyze the extent to whic1. the projected needs would support FLUM amendments to designate additional vacant developable land to accommodate any unmet projected need. Therefore, the amendments are not supported by a demonstrated need for the additional designation of Lower Density Residential land uses on the FLUM e'ther individually or cumulatively for the amendment parcels. Rules 9J-5.005(2 and 5); 9J-5.006(2); 9J-5.006(3)(b)8.; 9J-5.006(5); 9J-5.010(2); 9J- 11.006(3); and 9J-11.007, F.A.C.; and Section l63.3177(6)(a), F.S. Recommendation Do not adopt the amendments. Alternatively, include data and analysis to demonstrate that the proposed amendments are needed to accommodate the land use needs based on the projected population of the City contained in the City's Comprehensive Plan. Revise the proposed FLUM designations as necessary to be consistent with and supported by the data and analysis. 2. Objection: In reviewing the Seminole County FLUM designations for the parcels for proposed amendments CP A-1-96, CP A-2-96, CP A-3-96 and CP A-4-96, it appears thata portion of each of the amendment parcels is designated as Conservation on the County FLUM. However, the amendments do not propose to designate the areas currently designated Conservation by the County as Conservation on the City's Future Land Use Map. No data and analysis has been provided demonstrating that the subject parcels are suitable for the proposed land uses. Rules 9J-5.005(2 and 5); 9J-5.006(2)(b); 9J-5.006(3)(b)1.; 9J-5.006(3)(c)1.; 9J-5.013(1)(a); 9J-5.0l3(2)(b)2., 3., and 4.; 9J-5.013(2)(c)1., 5., 6., 7., and 9.; 9J-5.013(3); 9J-11.006(3); and 9J-l1.007, F.A.C.; and Sections l63.3l77(6)(a) and (6)(d), F.S. Recommendation The proposed amendments should be revised to designate as Conservation all portions of the subject parcels which are currently designated as Conservation by Seminole County. Include data (ind analysis identifying the acreage of the existing Conservation areas and the proposed areas to be designated Conservation. Revise the proposed FLUM designations as necessary to be consistent with and supported by the data and analysis. 3. Obie(tion: The proposed amendments CPA-1-96, CPA-2-96, CPA-3-96 and CPA-4-96 are not supported by data and analysis demonstrating that the amendment site~ are suitable for the proposed Lower Density Residential FLUM designation. No analysis has been provided demonstrating how the Lower Density Residential designation ensures the protection of natural resources consistent with the requirements of Rule 9J-5, F.A.C., and the City's Comprehensive Plan goals, objectives and policies of the Future Land Use Element and Conservation Element. The parcel for Amendment CPA-I-96 contains wetlands, floodplains, surface water, soils, vegetation, wildlife and wildlife habitat and listed plant and animal species and amendments CP A-2-96, CP A-3-96 and CP A-4-96 are not supported by an adequate suitability analysis for each parcel regarding the presence and quality of wetlands, floodplains, surface water, soils and wildlife and wildlife habitat. Rules 9J-5.005(2 and 5); 9J-I1.006(1)(b)4.; 9J-11.006(3); 9J-11.00'i'; 9J-5.006(1 and 2); 9J- 5.006(3)(b)1., and 4.; 9J-5.006(3)(c)1., and 6; 9J-5.013(a and b); 9J-5.013(2)(b)2., 3., and 4; 9J- 5.013(2)(c)1., 3., 5.,6.,8., and 9.; and 9J-5.013(3)(a and b), F.A.C.; and Sections i63.3l77(6)(a) and (6)(d), F.S. Recommendation Revise the amendments to identify and analyze the natural resources on the subject parcels and those in the surrounding areas which might be impacted by the amendments. Include an analysis of each parcels suitability for the proposed land uses, iJ~duding an analysis 2 demonstrating how the proposed designations ensure the protection of natural resources consistent with the requirements of Rule 9J-5, F.A.C., ,ind the City's Comprehensive Plan goals, objectives and policies. Designate environmentally sensitive areas as conservation use. Revise the proposed FLUM designations as necessary to be suppOlied by and consistent with the data and analysis. 4. Objection: The proposed Amendments CPA-l-96, CPA-2-96, CPA-3-96 and CPA-4-96 are not supported by data and analysis regarding the availability of roads, potable water, sanitary sewer and recreation facilities to serve these sites based upon the impacts generated by the proposed land uses. The road facility analyses only addresses a small segment of S.R. 434 (from S.R. 417 to DeLone Street) and does not address the segment of S.R. 434 from S.R. 419 to S.R. 426 to which FDOT has raised an objectie'n regarding the lack of data and analysis. The data and analysis do not address the cumulative demand and impact upon road facilities for all four of the proposed amendments. The four parcels are not currently served by central potable water and central sanitary sewer. The data and analysis indicate that the developer will fund the extension of the City of Winter Springs central potable water and central sanitary sewer facilities to the parcels and that the City has available capacities to serve each parcel, but the data and analysis do not address the cumulative effect of the four amendments on potable water and sanitary sewer facilities. The potable water and sanitary sewer analysis is incomplete because it does not specify the number of dwelling units which are the basis of the projected demands for potable water and sanitary sewer. The recreation facility data and analysis is inadequate because it does not include a quantitative analysis of the specific demand generated by each amendment and the impact upon and availability of recreation facilities, including level of service standards, to serve the specific demand. In addition, the data and analysis do not address the cumulative effect on recreation facilities and solid waste facilities of all four amendments. Rules 9J-5.005(2 and 5); 9J-5.006(2)(a); 9J-5.006(3)(b)1; 9J-5.006(3)(c)3; 9J-5.011(1); 9J- 5.01 1 (20(b and c); 9J-5.016(3)(c)6; 9J-ll.006(1)(I:' :~; 9J-ll.006(1)(b)5; 9J-11.006(3); and 9J- 11.007, F.A.C.; and Sections 163.3177(6)(b and e), i'lorida Statutes. Recommendation Revise the amendments to include adequate data and analysis of the public facility demands and impacts created by the proposed land use designations, including an analysis of each parcel and the cumulative effect of amendments to all four parcels. The public facility analysis should estimate the maximum amount of road trips, potable water demand, sanitary sewer demand, solid waste demand and recreation demand generated by the :nost intensive land use allowed on the parcels and identify the basis (number of dwelling units, population, etc.), or assumptions of the analysis. Include an analysis of the impact of these demands on the level of service standards, facility needs and the implementation of needed facility improvements. The City should coordinate the analysis of road facilities with the Florida Department of Transportation. , . Revise the proposed amendments as necessary to be supported by and consistent with the data 3 and analysis. For any improvements which are identified, include an analysis of the estimated costs and revenue sources available to fund these improvements. Revise the Schedule of Capital Improvements, as necessary, to include these improvements. 5. Objection: The proposed Amendments CPA-1-96, CPA-2-96, CPA-3-96 and CPA-4-96 do not completely identify the surrounding existing land uses of each parcel, do not analyze and demonstrate the compatibility of the proposed Lower Density'Residential designations with the surrounding existing land uses or current surrounding FLUM designations and does not demonstrate that the proposed designation is consistent with the FLUM location criteria of the Future Land Use Element Goal 3, Objective A, Policies 1 and 2 (including but not limited to the criteria which provide that the Lower Density Residential designation is not proposed to be applied widely to undeveloped unplilnned lands and the City has no intent to extend the municipal boundaries outward to the east). Rules 9J-5.005(2 and 5); 9J-5.006(3)(c)2.; 9J-11.006(3); 9J-11.006(1)(b); and 9J-11.007, F.A.C.; and Section 163 .3177(6)(a), F.S. Recommendation Revise the proposed amendments to include data and analysis which identifies the surrounding existing land uses, analyzes the compatibility of the proposed Lower Density Residential designation with the surrounding existing uses and FLUM designations and demonstrates that the proposed Lower Density Residential designation ensures the compatibility ofland use consistent with the requirements of Rule 9J-5, F.A.C., and the City's Comprehensive Plan goals, objectives and policies. Revise the proposed ameildments as necessary to be supported by and consistent with the data and analysis. 6. Objection: The proposed Amendments CPA-1-96, CPA-2-96, CPA-3-96 and CPA-4-96 are not supported by dda and analysis demonstrating that the intergovernmental coordination requirements of Rule 9J-5, F.A.C., and the City's Comprehensive Plan have been met regarding (1) the Seminole County Comprehensive Plan, (2) Seminole County Greenway/S.R. 434 Small Area Study (dated December 13, 1994) recommendations that the natural resources on these parcels be protected through the Conservation designation, the nonconservation portion of the parcel for CPA-1-96 be designated at a density of 1 dwelling unit per acre and the nonconservation portion of the parcels for CP A-2-96, CP A-3-96 and CP A-4-96 be designated at a density of 1 dwelling unit per 3 acftS and (3) interlocal agreements between the City and Seminole County regarding the planning and annexation of unincorporated lands. Rules 9J-5.005(2 and 5); 9J-11.006(3); 9J-11.006(l)(b)5; 9J-11.007; and 9J-5.015, F.A.C.; and Sections 163.3177(6)(a) and 163.3177(6)(h), F.S. 4 Recommendation Revise the amendments to include data and analysis which demonstrate how the proposed Lower Density Residential designations have been coordinated with Seminole County (including the Seminole County Comprehensive Plan, Seminole County Greenway/S.R. 434 Small Area Study and interlocal agreements between the City and Seminole County) and which demonstrate that the amendments are consistent with the City's Comprehensive Plan goals, objectives and policies regarding intergovernmental coordination with Seminole County. 7. Obiection: The proposed Amendments CPA-1-96, CPA-2-96, CPA-3-96 and CPA-4-96 are not supported by data and analysis which demonstrates that they discourage the proliferation of urban sprawl. The proposed amendments promote urban sprawl by (1) allowing the intrusion of development of higher density land uses into an area of lower density, rural land uses, (2) designating land for higher density use wI.en there is no demonstrated need for the additional urban use, (3) creating the need to extend central potable water and sanitary sewer into a low density area to serve a development for which there is no demonstrated need, and in addition, this extension will further encourage other urban development in rural areas, (4) fail.ing to demonstrate that the amendments result in an efficient land use pattern regarding the provision of public facilities; (5) adversely impacting state road facilities (S.R. 434) which already operate below the adopted level of service standard, (6) failing to demonstrate that the amendment will not adversely impact natural resources in a rural undeveloped area, (7) failing to demonstrate the compatibility of the proposed urban land use with the surrounding rural land uses and (8) failing to demonstrate that the propos,;d designation is consistent with the FLUM location criteria of Future Land Use Element Goal 3, Objective A, Policies 1 and 2. The amendments promotes urban sprawl and this is inconsistent with the Rule 9J-5, F.A.C., requirements and the Ci!:y's Plan goal, objective.:> and policies regarding the discouragement of urban sprawl. Rules 9J-5.005(2 and 5); 9J-5.006(2); 9J-5.006(3)(b)8.; 9J-5.006(5); 9J-l1.006(3); 9J- 11.006(1)(b)4; 9J-11.006(l)(b)5; and 9J-l1.007, F.A.C.; and Section 163.3 1 77(6)(a), F.S. Recommendation Do not adopted the proposed amendments. Alternatively, revise the amendments to include data and analysis addressing the indicators of urban sprawl as set forth by Rule 9J-5.006(5), F.A.C., and the City's Comprehensive Plan goals, objectives and policies. Revise the proposed amendments as necessary to be sl,pported by and consistent with the data and analysis. 8. Obiection: The proposed Amendments CPA-1-96, CPA-2-96, CPA-3-96 and CPA-4-96 involve parcels located in unincorporated Seminole County which the City anticipates dnnexing prior to adoption of the amendments. The purpose of the amendments is to include the subject parcels on the City's Comprehensive ~lan FLUM. However, the City is not proposing to amend 5 the entire FLUM map series to include the annexed parcels and update all relevant Comprehensive Plan data and analysis to reflect the annexed parcels in order to maintain the internal consistency of the Comprehensive Plan. Rules 9J-5.005(1)(e); 9J-5.005(2 and 5); 9J-5.006; 9J-5.0l0; 9J-5.01I; 9J-5.0I3; 9J- 11.006(3); and 9J-l1.007, F.A.C.; and Section I63.3177(6)(b and e), F.S. Recommendation Revise the amendments to include the subject parcels on the entire FLUM series and tu update all relevant plan data and analysis. B CONSISTENCY WITH ST ATE COMPREHENSIVE PLAN 1. The proposed comprehensive plan amendments are not consistent with and do not further the following goals and policies of the State Comprehensive Plan as noted in the objections raised above (Rule 9J-5.021, F.A.C.): (a) Goal 8 (Water Resources), Policies 2, 5, 7, 8, 9 and 10; (b) Goal 10 (Natural Systems and Recreational Lands), Policies 1,2,3,4,6,7 and 10; ~ Goal 16 (Land Use), Policies 1,2,3,6 and 7; (d) Goal 18 (Public Facilities), Policies 1,2 and 7; (e) Goal 20 (Transportatioll), Policies 2, 3, 9, 11 and 13; (f) Goal 21 (Governmental Efficiency), Policies 1, 5 and 7; (g) Goal 26 (Plan Implementation), Policies 6, 7 and 8; Recommendations Revise the plan amendments as recommended for the objections raised above. 6 C CONSISTENCY WITH THE EAST CENTRAL FLORIDA COMPP,.EHENSIVE REGIONAL POLICY PLAN 1. The proposed comprehensive plan amendments are not consistent with and do not further the following Regional Issues and Policies of the East Central Florida Comprehensive Regional Policy Plan as noted in the objections raised above (Rule 9J-5.021, F.A.C.): (a) Regional Issue 39 (Protection of Water Supply), Policies 39.5, 39.6, 39.7, 39.8, 39.10, 39.13 and 39.9; (b) Regional Issue 43 (Protection of Natural Habitat), Policies 43.1,43.2,43.3,43.5, 43.6,43.7,43.8,43.12 and 43.13; @ Regional Issue 44 (Protection of Endangered Species), Policies 44.1 and 44.2; (d) Regional Issue 46 (Parks and Recreation), Policy 46.2; (e) Regional Issue 57 (Balanced and Planned Development), Policies 57.1, 57.2, 57.3, 57.4, 57.5, 57.15, 57.16 and 57.17; (f) Regional Issue 58 (Natural Resources Preservation), Policies 58.1 and 58.2; (g) Regional Issue 59 (Maximizing the Use of Existing Public Facilities), Policy 59.2; (h) Regional Issue 60 (planning for Public Facilities), Policies 60.1, 60.2, 60.3, 60.4, 60.5,60.6,60.9,60.18,60.19,60.20,60.21,60.22, 60.23, 60.24, 60.25, 60.26, 60.27, 60.28, 60.29,60.31, 60.32, 60.33 and 60.34; (I) Regi.onal Issue 63 (Integrated Transportation Systems), Policies 63. 1 and 63.9; (j) Regional Issue 64 (Transportation to Aid Growth Management), Policies 64.1, 64.2, 64.10,64.13 and 64.20; (k) Regional Issue 65 (Intergovernmental Coordination), PoliCies 65.2, 65.4 and 65.5. RecolTIm endation Revise the plan amendments as recommended for the objections raised above. 7 [DA DEPARTMENT OF TRANSPORTATION L"W1'O:>l t:H1..FJ; OOVl:RNOl\ DEN G, \\'A'JTIj 8Kt:Rt:TAIl\' 5151 Adanson Street Orlando, Florida 32804 Telephone: (407) 623-1085 April 23, 1996 Mr, P. Ray Eubanks, Planning Manager Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 ru 'j \:\ o ~\d-~\9f S11BJEC'l' z LOCAL GOVBRNMENT: DCA AMENDMENT NO. proposed Amendment Comments Winter Springs 96..1 Dear Mr. Eubanks: Attached are the Florida Department of Transportation's comments, objections, and/or recommendations from our review of the City of Winter Spring's Comprehensive Plan Amendment 96-1, as requested in James L. Quinn's memorandum of March 19, 1996, ,I If you have any questions or need further information, please contact Mr. Richard prine at (407) 623-1085, extension 125. Sincerely, Orl~ Q.(Ld~' X'~~l! _~oore ~ District Planning Manager LM/rp Attachment cc: Bob Romig, Director, Office of Policy Planning Ron McLemore, City Manager WINTERSP,LTR ~ - ".......a\1lI":1"l~"',C",.. ..,... . . PLAN AHEN'tlMBNT NAME or AGENCY: Departmect of TranSDortation RESPONSIBLE DIVISION/BUREAUI District 5 p Plannin~ NAME OF LOCAL GOVERNMENT: AMENDMENT RECEIVED PROM DCA: REQUIR.ED RE'1"C1RN DATE POR. COMMENTS: City of W;nter Springs March 21. li96 A~ril 23. 19~~ ..cm....~===.....a.a..~====~....=.......c===a.............=====. ELEMENT I Traffic Circulation Amen<Smett.t Nos. PAGE # CPA-1-96 throua~ CPA~4-~6 RULE REFBRENCB a 9J-l1.00fi(1} (b}4. 9J-S.Q97(2) (a)Q(b) Rei Land use Hap Amendments LG-CPA-1-96 through LG-CPA-4-96 OBJECTION: An accurate description of the availability of and. the demand on local traffic circulation facilities was not provided. Calculations to dete~ine inc1ivi4ual anc1 cummulative trips generated fram the proposed land uses was not correct. A statement from Plan AmenCSment LG-' CPA-2p96 identifying the current Level of Se~vice (LOS) for S.R.. 434 as LOS "pa is correct. The cummulative effect from all four amendments will create LOS RFa on the complete section of B.a. 434 from S.R. 419 to S.R. 426. RECOMMKNDATIONr The proposed amendments should not ~e found in compliance sinoe there is not adequate capacity to prevent adverse impa.cts to S.R. 434. REVXEWEl) BY I R.ichard Prine PHON!s li07) 623~~08~ ,extension 125 WINTKRSP.OOl PLAN AMENDMENT NAMS 01 AGENCY, Department of Transno~t~tio~ RESPONSIBLE DIVISION/BUREAUa District 5 - Planning NAME OF LOCAL GOVERNME~I AMENDMENT RECEIVED FROM DCA, ~EQUXRBD RETURN DATE FOR COMMENTJI City of Winter SDrin9~ March 21~ 1996 I\pril 23~ 1996 _.=====~a~_adDaB.a.~mp_m===Baa.-_a...a~aa........a======~....... Amendment Nos. ELEMENT: Traffic Circ~lation PAGE # CPA-1-96 throuqh CPA-4.iU RULE REFERENCE; 9J-S.007(3) (9)2 COXMENTSa If approved, the proposed amendments will require accesS to State Road (S.R.) 434. It should be un6ersto06 that pe~its are required from the Department of Transportation for connection to the roadwa.y or drainage on the State Highway System. Access per.mits must comply with PAC Rules 14~96 and 14-97. permits are also required for any roadway improvements including modifications to utilities, signal improvements, addition or modification of lanes, or roadway drainage ~lterations within the Depa:('tment's right-of-way. 'AnY development that abuts the D8parqment's right-of-way may require a drainage pe~1t' regardless of whether or not a driveway connection is constructed. REVIEWED BYI Richard Prine PHONE: (407) 62~.1085 extension 125 WINTERSP.002 ... .t,..."~.,~., );r:f:/):,,:,~;-"~';:'~~;L8\:;;;;C!::: !,'::"..,..,...,. ..""':.:;;.'"":,,,,,.:~ ""..'.....:'1.'"::.: WATER ......1'" "" .,... '''''MANAGEMENT DISTRICT Henry o..an, E>cecutive Diraclor JQ~n R. Wohlo, Ani.uanl EllltQy\j.H. Oir.ao, Charle6 T, Myali III, Oeputy AUl6tllnl e""culivll OtreC1Qr . I. .~---' POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 TELePHONE 904.329.4500 5UNCOM 904.!l6O~500 roe 90-4.~29.~4S0 TOO S'JNCOM 860.4450 . FAX (EXec\.mVSJl.EGALl329-4125 CPERMITTlNGl32g.431S IAD~.NISTi'lATIONIFII~M~CGI ~2g.4~08 S~RV1CE CENrERS 7n5 B1'I"l"DdOWS Way PERMITTING: I;uilll 102 ~05 Ea51 Driv. JlIc:bmwi11e, fICrioa 12258 lllltlaumll, Flon~ 3;!9D4 lID4-73008270 407.984.4940 TOO 904-730-71100 TDO 4D7.72:>-53~~ 618 E, $0"", SVeel 0itar-40, Fiorillo :12801 407-897~Joo TOO 407.897.~O OPERII lIONS: 2133 N, Witkham RoM llebo<(M, Florid. 3293r.-5109 407-~G-4-1'&'Z TDD 407.2~:l,.\2D3 April 23, 1996 YIr. Ray Eubanks. Planning Manager Department of Community Affairs _-"--r-;:'~~-7~~-^-':f~'-\';;-".~'-~;, B fL alPl' f,'" " In, F. \' \'1 " Ie , ureau 0 ~',. ~ng f\\ J~ _,:.L_J,__3L'~; ..."',-;', "': 2740 Centervlew Dnve t;., i . . Tallahassee, FL 32399-2100 \ [(\\ IIPR 2. 9 \996 :'.' \U\,d ' . . ! Dear Mr. Eubanks: . L-----;-z:-~.r::.;;--..,,_.~. '; PL~~@~~;:LU:JL~ ._____.l Staff of the 81. Johns River Water Manag;~~nt District have reviewed the Comprehensi~e Plan Amendment submitted by the City of Winter Springs as 96-1. @5t1 5)~)~ '. We have concerns about tbe amendment which will deslgQate the Battle Ridge Property (LG- ep A-1-96) as low density residential. We submitted a letter stating our position when Seminole County submitted a land use amendlllent for the same pl'operty and we have sent letters to the City of Winter Springs when the project was reviewed by the Planning and Zoning Board and 1:he City CommIssion, The fact that central water and sewer are availabl~ by the City of Winter Springs if the property is annexed is an improvement over the County's past proposal. but the fact remains that the property is environmentally sensitive and important to the ecosystem of the Lake Jesup area.' . The amendment proposal states that the entire 297 acre site is proposed to be designated as low density resi.dential, We do not think this is appropriate due to its proximity to Lake Jesllp and the fact that a vast majority of the site is wetlands and in the 100 year floodplain, We feel that the wetlands portion of the site should be designated as Conservation on the future land use map rather than waiting until the site plan approval to depict a conservation easement. The density for the site should be based solely on the developable portion of the pr.operty. Although City staff 'has stated in a letter to District staff that the representatives for Battle Ridge Properties are willing to designate the environmentally sensitive areas as "Conservation". the amendment as submitted does not include the Conservation designation for any of the site. The other amendments in the submittal for lands eas~ of and adjacent to the Battle Ridge property also contain environmentally sensitive areas and are partially in the 100 year floodplain, There is less information provided about the envirorunental constraints of these properties, but we have tbe same concern that the wetlands and 1. 00 year floodplain areas are pr.oposed to be designated with an urban land use. Kathy Chino>, JACXSONIIILLE William Segal, C~IRlml flW'I'LANO , Gnffin A. Greene VERO BEACH Dan Roach, VICE CfWRMAN FERNANOI"" BEACH James H. Williams 0CAl.A Jame$ T. Swann.7RIlASURER ccx:~ . Patricia T. Harden SAN"ORO Otis Mason. SECRETA~Y ST.Au<lUSIINE Reid Hughee OA'r'TON'" OEACH In November 1995, The Local Planning Agency recommended that the City Commission not transmit the proposed amendments to the Department of Community Affairs. We agree with their detern1.i.nation, and recommend tbat these sites not be approved as submitted for urban land uses. OUT:' agency provides the technical support to the Friends of Lake Jesup Restoration and Management Team, With the implementation of restoration plans for Lake Jesup, we would like to ensure that any development will not have a detrimental impact on Lake Jesup. There are impOltant environmental factors such as protection of the wetlands and stormwatel' drainage to be considered. The planning for the area should be done now when land use designations are to be determined not at the permitting stage of the process. If YOll have any questions, please contact Nancy Christman, Intergoverrurlental Coordinator, at (407) 897-4346. Sincerely, JIi't~~ Margaret Spontak, Director Di vision of Policy and Planning " , ' ..~'i\\\ \i:j1WIO.f .~- ',' ~~,. ,r.,' -# ~ /~~o;- , ~ ~._-' ~ '- - ' ~ -:\;~ I HOR -A '\ ~~~~.~....-.....~..;..! ~~~~~~.....~ ... -___...f.~..... Department of Environmental Protection Lawton Chiles Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 April 23, 1996 Virginia B. Wetherell Secretary ~...'"'" :---. ,!'-... ~~"'~Mf'":::\1N .. f~~' ;T1. .'-4' ~ ~ ...., f} " 1;<'--,('" J.. i!:I ,1" ~ ~ : ~ Iii \f Jj .;; i~ ' - . ...'".tt" '~.~ ",;;,.-! ','.. .-.}' ! ~ I ( l!l .j "-, ~....." J },,~::: ; 'iJ~ ~i ~ ...~ ?'~.:' ....:; 4;.... ", Re: Review of Proposed Amendments Comprehensive Plan, 96-1 AFR 26 \996 rt::'\ ~f I' --- BURCAU OF STATE ~ f~ ~ PLANN;NG . i\i1-~ ~YJ to the City of winter Springs Mr. D. Ray Eubanks Department of community Affairs Bureau of Local Planning 2470 Centerview Drive Tallahassee, Florida 32399 Dear Mr. Eubanks: The Office of Intergovernmental Programs of the Department of Environmental Protection has performed a review of the proposed amendments under the required provisions of Chapter 163, Part II, Florida Statutes, and Chapter' 9J-5 and 9J-11, Florida Administrative Code. Recom~ended Ob;ections 1.) LG-CPA-1-96: The proposed land use change involves an annexation from Seminole County into the city of winter springs. The proposal would effect a change in land use from the present Suburban Estates (at 1 dwelling unit per acre) to the City's low density residential designation (at 3.5 units per acre). The Department reviewed and commented on a similar requested increase in density and intensity for this property in a 1994 Seminole County land use change proposal (Seminole County-94-1,. attached) . .Our concerns about the environmental sensitivity of this property are still valid today. In addition, as a result of issues raised during the previous proposed Seminole County amendment, there were various public meetings and the development of a "Seminole County Greeneway Small Area Study" (December 1994, which includes the lands affected by these amendments). This report emphasized the community desire to preserve the rural character of the area and noted that the Low Density Residential and even Suburban Estates Land Use designations may not be appropriate transitional land uses adjacent to rural lands (e.g., see Table 2.1 from that report, attached). The particular Battle Ridge parcel was recommended to have a maximum density of Suburban Estates (maximum of 1 dwelling unit per acre) . Page 1 of 3 "Ptl~rC-:L (on~('f\'C d'::] !"~(it;.]t.;c ,::.~..~.](1':. t~:n,'I!O~ltll~-I': e!l,..} j.' .> . Printed on recycled paper. The site has severe development limitations which were noted in the data and analysis provided in the amendment package and in the supplemental report entitled, "Analysis of the Potential for Occurrence of Threatened and Endangered Species and Species of special Concern on the Battle Ridge site". The predominate hydric nature of the soils, hydric vegetation types, ample wildlife sightings and the flood prone nature of much of the parcel logically argue for a corresponding low density land use designation and, for careful site planning to direct allowable densities to the more upland portions of the site (primarily the southeast corner of the site). Recommendation The Department recommends that the proposed area not receive the increase in density sought under the city's "Low Density" designation. Land use planning for this area should work to preserve the overall environmental characteristics unique to the Lake Jesup system through a coordinated approach with seminole County, city of Oviedo, city of winter springs, landowners and citizens. 2.) LG-CPA-2-96, LG-CPA-3-96 & LG-CPA-4-96 : These amendments involve the requested change in land use from the previous seminole County Rural-3 (lDU/3 acres) to city of winter springs ULow Density Residential" designation which allows up to 3.5 unit per acre. The proposed sites are adjacent to the Battle Ridge property discussed above. These sites share many of the same limitations to higher development densities that are found in the Black Hammock area along the south side of Lake Jesup. As with the Battle Ridge property, the 1994 Special Area Study carried out by Seminole County (noted above) considered these parcels and recommended that they increase/in density from the previous Rural-10 designation (1 DU/IO acres) to the current Rural 3 (1 DU/3 acres). The present proposals (from Rural-3 to the city "Low Density Residential) would again increase the allowable density of use and would be a clear divergence away from the recommendations of the recent Seminole County special Area Study that emphasized the importance of preserving the rural character of this area. The proposed land use densities move the area towards suburbanization of this presently rural area and do not reflect the natural limiting characteristic of the area. Recommendations The Department recommends that the proposed amendments not receive the increase in density sought under the City's "Low Density Residential" classification. Land use planning for this area should work to preserve the overall environmental characteristics unique to the Lake Jesup system through a coordinated approach with Seminole county, city of oviedo, city Page 2 of 3 ,.' .' of winter springs, landowners and citizens. Please call Mr. Dan Pennington at (904) 487-2231 if you have any questions about our response. Cordially, , c(;::;:if~ Environmental Administrator Office of Intergovernmental Programs LGjdp cc: Ruth McLemore, Central Florida DEP Barbara Bess, Central Florida DEP Margaret Spontak, SJRWMD ,I Page 3 of 3 . U'/~b/SU lU;~~ DATE: TO: FROM: 'u' 't V I U ~ ,} 1. V () Ii c.. ~. r ..t:'. ~. l., tiJ vO 1 East Central Florida Regiollal fYd'anlling fl:'ollllci' 1 011 Wymo~e Rood + Suite 105 + Winter Pa~,(. FlorIda 32789 + Telephone Locol: (407) 623-1075 Telephone Suncom: 334-1075 + FAX Locol: (407) 623-1084 + FAX Suncom: 334-1084 MEMORANDUM April 25, 1996 FAX TRANSMITTAL Ck) '3 1t LJlaCJI/;Jo D. Ray Eubanks, FDCA, Planning Manager John Healy, FDCA, Community Program Administrator Leslie~~ SUBJECT: LOCAL GOVERNMENT: DCA AivlENDMENT #: Pr~;posed Comprehensive Plan Amendment Winter Springs 96-1 Council staff have completed the technical review of the above proposed comprehensive plan amendment. The staff review did not result in the identification of any significant impacts related to regional resources, facilities. or extrajurisdictional matters, The review was conducted in accordance with the provisions of Chapter 93-206 Laws of Florida, Chapter 9J-5 Florida Administrative Code, and the ECFRPC's current contract with FDCA for Plan and Plan Amendment Reviews. Please contact me if you have any questions. c: Thomas Grimms, Winter Springs CHAIRMAN F.A. FORD, JR. VOlUSIA COUNTY VICE CHAIRMAN COMMISSIONER LARRY WHALEY OSCEOLA COUNTY SECRETARY-TREASURER COMMISSIONER EVELYN H. SMITH CITY OF EUSTIS EXECUTIVE DIRECTOR MR, AARON M. DOWLING :=0. -:V CITY OF WI~TER SPRINGS, FLORIDA Ronald W. McLemore City Manager 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 May 16, 1996 Mr. Charles Gauthier, Growth Management Administrator Florida Department of Community Affairs 2740 Center View Drive Tallahassee, FL 32399-2100 Dear Mr. Gauthier: This letter will serve to reaffirm various points made in our phone conversation on Friday, May 3, 1996 concerning the City's 1996 first round transmittal of comprehensive plan amendments concerning the Battle Ridge, Carroll, Weaver, and Minter properties. These points to serve to help further clarify the comprehensive plan amendment transmittals. Point # 1: Environmentally Sensitive Area of Battle Ridge Property. The representatives for the owners of the Battle Ridge property have indicated the owners willingness to separate out the environmentally sensitive area of the property, the extensive wetlands. This area would be marked as a "conservation area" and conveyed by a fee simple deed to a public agency to preserve and maintain the wetlands in an undeveloped state. This portion of the property would not be figured into any calculation of density. Point # 2 Intergovernmental Coordination. ci ty staff have met with county staff and developed a Joint Planning Area and work program. The city Manager has requested and the City Commission directed the appointment of a Battle Ridge steering Committee to be comprised of representatives from: the county; the cities of winter Springs and Oviedo; the Black Hammock Community; McKinley's Mill Subdivision; the Friends of Lake Jesup; Battle Ridge; Carroll, Weaver, Minter properties. [A copy of the memo and minutes is attached] The purpose of the steering committee is to aid the City Manager and City commission in formulating its decision(s) on the Battle Ridge, Carroll, Weaver, and Minter properties. The City commission felt it would help provide a forum for the exchange of viewpoints and keep the various parties updated on the progress of the Battle Ridge, Carroll, Weaver, Minter amendments, annexation, rezoning. NOTE: At the May 13, 1996 meeting of the City commission motion was unanimously passed to send a letter to the County Manager suggesting the county consider the potential of accepting acquisition of the environmentally sensitive lands of the Battle Ridge property into its Land Acquisition Program if the property is annexed. [A copy of this Commission Agenda Item is attached] Point # 2: winter springs Joint Planning Area. City staff attended two (2) meetings with Seminole County Planning Department comprehensive Planning Division staff to develop proposed boundaries of a Joint Planning Area. As a result of these meetings a revised JPA Map was prepared by the county staff that took into consideration the sewer and water service areas of the cities of Casselberry and winter Park (see JPA Map #1). On August 14, 1995, the City Commission reviewed the map generated by the county staff on the proposed winter Springs Planning Area. The city commission agreed with the boundaries of the JPA. The county delayed any further consideration of the winter Springs JPA pending completion of the Seminole County Water and Sewer utility Master Plan. This plan was finally approved this past January. The county staff has been working with the City of Oviedo on their JPA and has prepared a map as a result of their discussions (see JPA Map #2). It is noted that the area of the Battle Ridge, Carroll, Weaver, and Minter properties are not included. Point # 3: Need for More Land to Accommodate Population Growth. The City's Comprehensive Plan approved by DCA and adopted by the City on April 27, 1992 indicates in the Housing Element (Vol. 1 of 2) on page HO 10 at the last sentence of the page that "By the year 2010, the city projects the need for 1150 additional acres for residential development. The city's remaining open areas are primarily environmentally sensitive areas, leaving very little available land to accommodate the influx of population. The City has restrictions on development in environmentally areas. The widening of S.R. 434 to four (4) lanes with six (6) lane potential will serve as an attractor for people to locate in the area. Point # 4: The Movement of the Urban Boundary from Deleon street to East Boundary of Battle Ridge. The original urban boundary line proposed in the Seminole County GreeneWay/S.R. 434 Small Area study Staff Report was proposed by the Seminole County planning staff to be aligned along DeLeon Street. The County Commissioners revised the alignment along DeLeon street westward to the east property line of Battle Ridge due to opposition from Black Hammock Community residents who oppose urbanization of the are at all cost. In a letter to J. Thomas Beck, the City Commission of the City of winter Springs objected and stated that it believes that the Urban Boundary originally indicated as aligning with DeLeon Street in the Seminole County GreeneWay/S.R. 434 Small Area Study Staff Report dated November 28, 1994 should remain at that location and not as indicated in the Seminole County comprehensive plan amendment (95F.FLU11) transmitted to your department on September 18, 1995. The City bases its position on the following: * The GreeneWay (a 4 lane controlled access facility) has been built and is creating development pressure in the area. * The current traffic volume on S.R. 434 west and east of the GreeneWay is characteristic of urban roadways. * S.R. 434 will shortly be widened to 4 lanes to the GreeneWay. While S.R. 434 is not planned to be widened to 4 lanes east of the GreeneWay at the same time, this will not forestall an increasing volume of "urban level" traffic from using this portion of the roadway as a result of the road improvement and opening of the GreeneWay (S.R. 417). Discussions with FDOT (District 5 Office at 5151 Adanson Street in Orlando) indicate that they are aware that traffic is at an urban level and that the "Needs Analysis" in the update of the TIP will likely show the need to widen S.R. 434 well east of the GreeneWay. * The City of Winter Springs has the capacity to supply both sewer and water and other urban services in areas along S.R. 434 east and west of the GreeneWay. * The City has expressed an interest in providing such urban services to these areas, specifically to the "Battle Ridge" area, and up to DeLeon Street as requested by three property owners (Carroll, Weaver, Minter). * The adopted Seminole County Comprehensive Plan allows for transitional land uses in Table 2.1 page B-17 [revised 1/95J involving. . "a low density development at an urban fringe between an urban area and surrounding general rural areas." The County Comprehensive Plan defines Low Density Residential as up to 4 DU per acre. The Battle Ridge property owners and the adjacent property owners between Battle Ridge and Deleon Street have recently contacted the City to express their desire to annex into the City and to develop their properties only up to 3.5 units per acre. The City's Comprehensive Plan defines Lower Density Residential as 1.1 - 3.5 DU per acre. * 3.5 and 4 DU per acre are representative of urban pattern development. * The City of Oviedo corporate limits extend around the S.R. 434 curve encompassing part of DeLeon street. This city's Future Land Use designation for this area is Low Density Residential (1-3.5 DU per acre). According to Oviedo's Comprehensive Plan "Any new development in areas with this designation will require central sewer and water service." (Policy 1-1.1.1 c.) The City of Oviedo Comprehensive Plan envisions an urban pattern of development for this area as construed by the definitions of urban area and rural area in 9J-5.003(117) and (139) Florida Administrative Code respectively. * The City's staff has met with County staff on developing a Joint Planning Area in furtherance of County Future Land Use Policy 2.7.1. and is substantiated per "Comment" on page 100 of the Fall 1995 Large Scale Plan Amendments and Associated Rezoninqs to the Seminole Comprehensive Plan, dated August 8, 1995. The City's staff indicated that the owners of the Battle Ridge property and the adj acent property east to Deleon Street are interested in annexation into the City and desire to develop the properties up to 3.5 DU per acre in the near future. * The concept of an urban boundary is to indicate those areas where urban services are or can be made available and where there is reasonable expectation, based on availabili ty of urban services, proximity to existing development, significant upward change in land values that an urban pattern of development is likely to occur in a reasonably near future. * It is indicated on page 96 of the Fall 1995 Larqe Scale Plan Amendments and Associated Rezoninqs to the Seminole Comprehensive Plan, dated August 8, 1995, that, among three intentions of the [urban] boundary, is that it "Provides for urban uses on those properties that abut municipalities in the event of future annexations." As mentioned, two property owners of land between the east property line of Battle Ridge and DeLeon Street have met with the City of winter Springs and expressed their interest in being annexed and in receiving City water and sewer service, which the city has the interest and capacity to provide. It should be noted that .43 miles to the intersection of S.R. 434 and DeLeon Street there is the 107 lot McKinley Mill Subdivision at approximately 4 units per acre - an urban pattern of development. These facts provide a reasonable basis for setting the "Urban Boundary" at DeLeon Street. with the opening of the GreeneWay, the improvements to S.R. 434 and the availability of urban services to the surrounding areas, a normal progression of development pattern can be expected with highway oriented commercial around the intersection of the GreeneWay and S.R. 434 and various residential forms in surrounding proximity. Point # 5: sizing of Sewer and Water Lines to Battle Ridge and Carroll, Weaver, and Minter Properties. The owners of the Battle Ridge, Carroll, Weaver and Minter properties have approached the City of winter Springs and have requested the City to provide sewer and water service to their properties. They have requested annexation. It has been the intent of the City to size the sewer and water lines to accommodate the residential development only for the Battle Ridge, Carroll, Weaver and Minter properties. The costs of extension of the lines to the properties for sewer and water service would be shared by the four (4) property owners. Point # 6: seminole County GreeneWay/S.R. 434 Small Area study. This study was prepared in response to the Spring, 1994 Large Scale Plan Amendment Cycle involving Battle Ridge Companies of Florida land and the recognition by the Board of County commissioners that two (2) significant changes had occurred in the area which warranted re-evaluation of land use compatibility. These were: 1. The completion of the GreeneWay (S.R. 417, a 4-laned, limited access road as part of the beltway around Orlando) which began service in this area in the Summer of 1994 [It was acknowledged by county staff, the County Commissioners and the Community that the GreeneWay would 'have an effect upon the character of the area]; and 2. Acknowledgement by the City of Winter Springs that it has both the available capacity and desire to extend central water and sewer services into this area of Seminole County. The county has designated the Battle Ridge property for "Suburban Estates" (1 unit per acre) on its Future Land Use Map with corresponding zoning (A-1). At the November 9, 1995 meeting of the winter Springs Local Planning Agency Public Hearing on the Battle Ridge comprehensive plan amendment, the Chairman questioned the county senior planner saying "if water and sewer had been available, you have no idea what the county's position would be?" The county planner said "if that had been in a central service area perhaps the decision might have been different as far as the density goes, because there would have been the services there". The small area study was premised on no sewer and water service to the Battle Ridge, Carroll, Weaver, and Minter properties. This is understandable since the county does not have this area in its sewer and water service area. But, since the City has the capacity and the willingness to extend sewer and water service to these properties, it significantly changes the conclusions of the small area study for these properties. The small area study indicates that the structure and format for all community meetings was designed to ensure that the strategies, policies and recommendations presented in the study were developed and reviewed by a broad spectrum of the community. This was not the case. The structure and format of the meetings did not ensure a balanced representation of the various interested parties of the "Community" i.e. homeowners, neighborhoods, owners of vacant property, businesses, agricultural interests and surrounding cities. A review of the sign-in sheets at the meetings indicates the great proportion of people from the McKinley's Mill and Black Hammock Association. In the words of some of the large property owners "They were overwhelmed" by the numbers and vocalness of the people from these two groups. As one participant noted when the audience was asked about issues and options "there was the Black Hammock crowd raising their hands in unison." However one may feel about the Black Hammock community, they are certainly well organized. A better approach would have been to have one or two representatives from each group at the meetings. Later when the study came before the County Commissioners, the Black Hammock people called the County Commissioners and showed up in force at the hearings. For these reasons, it is argued that the Seminole County GreeneWay/S.R. 434 Small Area Study is as much a political document as much as it is an attempt at a professional planning document. If you have any questions or comments, please do not hesitate to call me at (407) 327-1800. Sincerely, Ron McLemore City Manager