HomeMy WebLinkAbout1998 03 23 Regular Item D
COMMISSION AGENDA'
ITEM D
REGULAR X
CONSENT
INFORMATIONAL
March 23. 1998
Meeting
MGR. ~/D~
Authorizat .
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a public hearing to consider whether to transmit the large scale
comprehensive plan amendment (LG-CP A-1-98) to Florida Department of
Community Affairs, that would add a policy statement in the Intergovernmental
Coordination Element of the City's Comprehensive Plan on annexation into the
east rural area of Seminole County.
PURPOSE:
The plan amendment is intended to add to the current text of the Intergovernmental
Coordination Element, in Volume 2 of 2 of the Comprehensive Plan, a policy statement on
annexation into the east rural area of Seminole County. Consideration of this plan
amendment is prompted by the request of Seminole County. The additional language to
the text requires the submission of a large scale comprehensive plan amendment to the
Florida Department of Community Affairs.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3184(3)(a) F.S. which state: "Each local governing body shall
transmit the complete proposed comprehensive plan or plan amendment to the state land
planning agency, the appropriate regional planning council and water management district,
the department, and the Department of Transportation immediately following a public
hearing pursuant to subsection (15) as specified in the state land planning agency's
procedural rules. The local governing body shall also transmit a copy of the complete
proposed comprehensive plan or plan amendment to any other unit of local government or
government agency in the state that has filed a written request with the governing body for
the plan or plan amendment."
MARCH 23, 1998
AGENDA ITEM D
Page 2
The provisions of 163,3184(15)(b) F.S. which state: "The local governing body shall hold
at least one advertised public hearing on the proposed comprehensive plan or plan
amendment as follows:
1. The first public hearing shall be held at the transmittal stage pursuant to
subsection (3). It shall be held on a weekday at least 7 days after the day
that the advertisement is published,
2. The second public hearing shall be held at the adoption stage pursuant to
subsection (7). It shall be held on a weekday at least 5 days after the day
that the second advertisement is published."
The provisions of9J-l1.006(1) F.A.C. which state "Each proposed amendment including
applicable supporting documents which include data and analyses shall be submitted
directly to the Florida Department of Community Affairs, Division of Resource Planning
and Management, Plan Processing Team, the appropriate regional planning council, water
management district(s), Department of Transportation and Department of Environmental
Protection. Proposed plan amendments, except those discussed under the exemption
provisions of Rule 9J-11.006(1)(a)7. F.A.C., shall be consolidated into a single submission
for each of the two plan amendments adoption times during the calendar year. The
comprehensive plan submitted pursuant to Section 163.3167 F.S., shall be counted as one
of the two plan amendment adoption times during the calendar year; however, only the
submittal requirements of Rule 9J-l1.004 F.A.C. must be followed."
CONSIDERA TIONS:
*
At the January 26, 1998 meeting of the City Commission, involving adoption of
ordinances relating to Battle Ridge, Tony Mathews, Seminole County Planning
Department, conveyed the request of Randy Morris, County Commissioner, that
the City Commission consider incorporating into the City's Comprehensive Plan a
statement that the City will not annex into the east rural area of Seminole County
in the future.
*
At the January 26, 1998 meeting of the City Commission, involving adoption of
ordinances relating to Battle Ridge, the city Manager stated that the City would be
quite willing to consider adopting a policy statement on annexation into the east
rural area of Seminole County, if the City of Oviedo would adopt the same policy
in its comprehensive plan.
MARCH 23, 1998
AGENDA ITEM D
Page 3
--
The proposed policy statement (policy 2 under Objective E in the
Intergovernmental Coordination Element) would read as follows:
The City of Winter Springs shall not, through an involuntary annexation, extend its
eastern boundary beyond the Urban Service Line separating urban land uses from
that area known as the East Rural Area as further defined in Figure 2.8 of the
Seminole County Comprehensive Plan.. The City shall reserve the right to annex
properties upon voluntary request of the property owner(s) beyond the Urban
Service Line established by the county. However, in such cases the City shall
establish land use designations that are compatible with the land use designations
of the county's comprehensive plan for that area to be annexed.. The effective
date of this policy shall coincide with the effective date of the adoption of the same
policy by the City of Oviedo. The City of Winter Springs agrees to continue to
work with Seminole county and the City of Oviedo to establish a Joint Planning
Agreement to define the future boundaries of the two cities,
FUNDING:
No funds required to transmit the large scale comprehensive plan amendment to the
Florida Department of Community Affairs.
FINDINGS:
--
Randy Morris, County Commissioner, has requested the City Commission
incorporate into the City's Comprehensive Plan a statement that the City will not
annex into the east rural area of Seminole County in the future.
*
At the January 26, 1998 meeting of the City Commission, involving adoption of
ordinances relating to Battle Ridge, the City Manager stated that the City would be
quite willing to consider adopting a policy statement on annexation into the east
rural area of Seminole County, if the City of Oviedo would adopt the same policy
in its comprehensive plan.
RECOMMENDATION:
The Local Planning Agency, at its March 18, 1998 meeting, voted to recommend that the
City Commission transmit the large scale comprehensive plan amendment
(LG-CP A-I-98) to the Florida Department of Community Affairs for its review and
comment.
MARCH 23, 1998
AGENDA ITEM D
Page 4
Staff recommends that the Commission transmit to the Florida Department of Community
Affairs the large scale comprehensive plan amendment (LG-CPA-I-98), which would add
to the current text of the Intergovernmental Coordination Element in Volume 2 of 2 of the
Comprehensive Plan, a policy statement in the Intergovernmental Coordination Element
of the City's Comprehensive Plan on annexation into the east rural area of Seminole
County.
1. The findings indicated above;
2, The recommendation of the Local Planing Agency is that the City Commission
hold a first (transmittal) public hearing and transmit to the Department of
Community Affairs the proposed large scale comprehensive plan amendment (LG-
CPA-I-98).
IMPLEMENTATION:
The City Commission would hold a second public hearing within sixty (60) days after
receiving the ORC Report to adopt the amendment, or adopt the amendment with changes
per 163.3184(7) F.S.
The effective date of this policy shall coincide with the effective date of the adoption of
the same policy by the City of Oviedo.
Within forty-five (45) days from adoption, the Department of Community Affairs
publjshes a "Notice ofIntent" to find the plan amendment in compliance or not in
compliance per 163. 3184(8)(b) F. S. An "affected person" may file a petition, which
petition shall receive a hearing by the Division of Administrative Hearings of the Florida
Department of Management Services.
ATTACHMENTS:
1. Staff Report to the Local Planning Agency
2. Figure 2.8 of the Seminole County Comprehensive Plan
COMMISSION ACTION:
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EAST SEMINOLE COUNTY
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UrballlRurol
ARF.A BOUNDARY
New Urban NOll crealad by
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Figure 2.8
EAST SEMINOLE COUNTY
URBAN/RURAL
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GlATTING LOPEZ KEAClEA ANGlN. INC.
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AMENDED 12/13/94
ADOPTED 12112/95.
AMENDMENT 95F.FLU11
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CITY OFWINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FlORIDA 32708-2799
Telephone (407) 327.1800
Community Development
LOCAL PLANNING AGENCY REGULAR AGENDA ITEM:
II. 1. AMENDMENT TO THE INTERGOVERNMENTAL COORDINATION
ELEMENT VOLUME 2 OF 2 (LG-CPA-1-98) .
STAFF REPORT:
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3174(4) Florida Statutes which states ''Be the agency (Local Planning
Agency) responsible for the preparation of the comprehensive plan or plan amendment and
shall make recommendations to the governing body regarding the adoption or amendment of
such plan. During the preparatio'n of the plan or plan amendment and prior to any
recommendation to the governing body, the Local Planning Agency shall hold at least one
public hearing, with public notice, on proposed plan or plan amendment."
The provisions of Sec. 2-57 of the City Code which state in part ". . .the planning and
zoning board shall serve as the local planning agency pursuant to the county comprehensive
planning act and the local government comprehensive planning act of the state. . ."
I. BACKGROUND:
APPLICANT:
City ofWmter Springs
1126 East S.R 434
Wmter Springs, FL 32708
(407) 327-1800
March 18, 1998
LG-CPA-I-98
REQUEST:
F or the Local Planning Agency to review and recommend the requested changes to the
City's Comprehensive Plan Intergovernmental Coordination Element Goals, Objectives and
Policies (Volume 2 of2).
PURPOSE:
The plan amendment is intended to add to the current text of the Intergovernmental
Coordination Element, in Volume 2 of 2 of the Comprehensive Plan, a policy statement on
annexation into the east rural area of Seminole County. Consideration of this plan
amendment is prompted by the request of Seminole County. The additional language to the
text requires the submission of a large scale comprehensive plan amendment to the Florida
Department of Community Affairs,
EXISTING CONDmONS:
Nt A - text amendment.
CHRONOLOGY:
.
At the January 26, 1998 meeting of the City Commission, involving adoption of
ordinances relating to Battle Ridge, Tony Mathews, Seminole County Planning
Department, conveyed the request of Randy Moms, County Commissioner, that the
City Commission consider incorporating into the City's Comprehensive Plan a
statement that the City will not annex into the east rural area of Seminole County in
the future.
.
At the January 26, 1998 meeting of the City Commission, involving adoption of
ordinances relating to Battle Ridge, th~ ~ity Manager stated that the City would be
quite willing to consider adopting a policy statement on annexation into the east rural
area of Seminole County, if the City of Oviedo would adopt the same policy in its
comprehensive plan.
II. COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this
application.
A. CHANGES TO VOLUME 1 OF 2 CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN 1990-2010, THE LAND USE ELE:MENT DATA,
INVENTORY & ANALYSIS.
NOTE: There are no new data and analysis that will replace or be added to the
existing data and analysis of the Land Use Element.
March 18, 1998 LG-CPA-1-98
~_..
B. CHANGES TO VOLUME 2 OF 2 CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN 1990-2010, THE LAND USE ELEMENT GOALS,
OBJECTIVES, AND POLICIES.
NOTE: The following .JX>licy statement will be in addition to the existing
Intergovernmental Coordination Element Goals, Objectives and Policies to
form Policy 2 under Objective E: ...
The City ofWmter Springs shall not, through an involuntary annexation, extend its
eastern boundary beyond the Urban Service Line separating urban land uses from
that area known as the East Rural Area as further defined in Figure 2.8 of the
Seminole County Comprehensive Plan.. The City shall reserve the right to annex
properties upon voluntary request of the property owner(s) beyond the Urban
Service Line established by the county, However, in such cases the City shall
establish land use designations that are compatible with the land use designations
of the county's comprehensive plan for that use. The effective date of this policy
shall coincide with the effective date of the adoption of the same policy by the City
of Oviedo. The City ofWmter springs agrees to continue to work with Seminole
county and the City of Oviedo to establish a Joint Planning Agreement to define
the future boundaries of the two cities.
c. CONSISTENCY/COMPATIBILITY WITH CITY, STATE, AND REGIONAL
COMPREHENSIVE PLANS:
1. WITH THE CITY COMPREHENSIVE PLAN:
This City initiated comprehensive plan amendment is intended to address the
provisions of 163.3177(11) F.S. which states in part "An intergovernmental
coordination element showing relationships and stating principles and guidelines
to be used in coordinating the adopted comprehensive plan with the
comprehensive plans of adjacent municipalities, the county, adjacent counties, or
the region, and with the state comprehensive plan." . . .
The comprehensive plan amendment is compatible with the other goals,
objectives and policies of the City's Comprehensive Plan, specifically:
Intergovernmental Coordination Element
Objective E
Objective F, Policy 3
MardI 18, 1998
LQ.CPA-I-98
2, WITH THE STATE COMPREHENSIVE PLAN: 163.3177(10)(A) F.S.
The comprehensive plan amendment is compatible with and furthers goals and
policies of the State Comprehensive Plan in Chapter 187 F.S.
List of goals, objectives and policies that indicate consistency with the State
Comprehensive Plan: . 91-5.021(4) F.AC.
(10) NATIJRAL SYSTEMS AND RECREATIONAL LANDS
Policy 5, 6, 7
(16) LAND USE
Policy 2, 3
(15) PROPERTY RIGHTS
Policy 1
NOTE: A Local comprehensive plan shall be consistent with a
Comprehensive Regional Policy Plan or the State Comprehensive
Plan if the local plan is compatible with and furthers such plans.
9J-5.021(1) F.AC.
The term "compatible with" means that the local plan is not in
conflict with the State Comprehensive Plan or appropriate
comprehensive regional policy plan. The term "furthers" means to
take action in the direction of realizing goals or policies of the state
or regional plan. 91-5.021(2) F.AC.
For the purposes of determining consistency of the local plan with
the State Comprehensive Plan or the appropriate regional policy
plan, the state or regional plan shall be construed as a whole and no
specific goal and policy shall be construed or applied in isolation
from the other goals and policies in the plans. 9J-5.021(2) F.AC.
3. WITH THE EAST CENTRAL FLORIDA COMPREHENSIVE REGIONAL
POLICY PLAN: 186,507 F.S.; 27-E-4 F.AC.
The comprehensive plan amendment is compatJ.ole with and furthers goals and
policies of the East Central Florida Comprehensive Regional Policy Plan.
List of goals, objectives and policies that indicate consistency with the East
Central Florida Comprehensive Regional Policy Plan: 91-5.021(4) F.AC.
March 18, 1998
LG-CP A.I-98
REGIONAL ISSUE 57: BALANCED AND PLANNED DEVELOP1\.1ENT
. Policies 57,1,57.4,57.15,57,16,57.17
REGIONAL ISSUE 65: INTERGOVERNMENTAL COORDINATION
Policy 65.4, 65.5
NOTE:
A Local comprehensive plan shall be consistent with a
Comprehensive Regional Policy Plan or the State Comprehensive
Plan if the local plan is compatible with and furthers such plans.
9J-5.021(1) F.AC,
The term "compatible with" means that the local plan is not in
conflict with the State Comprehensive Plan or appropriate
comprehensive regional policy plan. The term "furthers" means to
take action in the direction of realizing goals or policies of the state
or regional plan. 9J-5.021(2) F,AC,
For the purposes of determining consistency of the local plan with
the State Comprehensive Plan or the appropriate regional policy
plan, the state or regional plan shall be construed as a whole and no
specific goal and policy shall be construed or applied in isolation
from the other goals and policies in the plans. 9J-5.021 (2) F.AC.
III. EINDINGS:
...
At the January 26, 1998 meeting of the City Commission, involving adoption of
ordinances relating to Battle Ridge, Tony Mathews, Semiriole County Planning
Department, conveyed the request of Randy Morris, County Commissioner, that the
City Commission consider incorporating into the City's Comprehensive Plan a
statement that the City will not annex into the east rural area of Seminole County in
the future.
...
At the January 26, 1998 meeting of the City Commission, involving adoption of
ordinances relating to Battle Ridge, the City Manager stated that the City would be
quite willing to consider adopting a policy statement on annexation into the east rural
area of Seminole County, if the City of Oviedo would adopt the same policy in its
comprehensive plan.
...
This City initiated comprehensive plan amendment addresses and furthers the
provisions of 163.3167(11) F.S. which states in part "An intergovernmental
coordination element showing relationships and stating principles and guidelines to be
used in coordinating the adopted comprehensive plan with the comprehensive plans of
adjacent municipalities, the county, adjacent counties, or the region, and with the state
comprehensive plan." . . .
March 18,1998
LG-CPA-I-98
*
The comprehensive plan amendment is compatible with the other elements of the
City's Comprehensive Plan
*
The comprehensive plan amendment is c~mpatible with and furthers elements of the
State Comprehensive Plan, in Chapter 187 F.S.
*
The comprehensive plan amendment is compatible with and furthers elements of the
East Central Florida Comprehensive Regional Policy Plan.
IV. STAFF RECOMMENDATION:
Staff recommends the Local Planning Agency make the following recommendation to the
City Commission:
That the City Commission hold a first (transmittal) public hearing and transmit to the
Department of Community Affairs the proposed Large Scale Comprehensive Plan
Amendment (LG-CPA-98), to add to the City's Comprehensive Plan
Intergovernmental Coordination Element Volume 2 of 2 of the City's Comprehensive
Plan a policy statement on annexation into the east rural area of Seminole County as
described in this Staff Report.
ATTACHMENT:
1. Figure 2.8 of the Seminole County Comprehensive Plan
MardI 18, 1998 LG-CPA.1.98
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AMENDED 12/13/9..
ADOPTED 12/12/95,
AMENDMENT 95F.FLU11
EAST SEMINOLE COUNTY
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EAST SEMINOLE COUNTY
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GLATTlNlllOPEZ I<EOOEn ANOlN, NC.
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