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HomeMy WebLinkAbout1998 11 09 Consent Item G COMMISSION AGENDA ITEM G Consent X Informational Public Hearing Regular November 9~ 1998 Meeting M!0~ / ~Pt Authorization REQUEST: The Community Development Department - Planning Division requests the Commission formally adopt the Evaluation and Appraisal Report (EAR) by resolution. PURPOSE: The purpose of this agenda item is to inform the Commission that the Florida Department of Community Affairs requires a formal resolution or ordinance to adopt an Evaluation and Appraisal Report. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3191 (1) F. S. which states in part: "The planning program shall be a continuous and ongoing process. The local planning agency shall prepare periodic reports on the comprehensive plan, which shall be sent to the governing body and to the state land planning agency at least once every 5 years after the adoption of the comprehensive plan. . . .The evaluation and appraisal report process shall be the principal process for updating local comprehensive plans to reflect changes in state policy on planning and growth management. " The provisions of9J-l1.018 F.A.C. which state in part: "The proposed evaluation and appraisal report will asses and evaluate the success or failure of the local government's adopted comprehensive plan, including the validity of the projections, the realization of the goals and objectives, and implementation of the plan's policies. The proposed evaluation and appraisal report shall also address changes in local conditions, the effect on the comprehensive plan of changes to: the state comprehensive plan, Chapter 163, Part II, Florida Statutes, Chapter 9J-5, Florida Administrative Code, and the NOVEMBER 9, 1998 CONSENT AGENDA ITEM G Page 2 appropriate strategic regional policy plan; suggest changes needed to update the comprehensive plan, elements, or portions thereof; suggest reformulated or additional goals, objectives, policies, maps, schedules, and procedures; and otherwise address the requirements specified in Section 163.3191, Florida Statutes, and this Rule." CONSIDERA TIONS: * On September 14, 1998, the Commission voted to adopt the EAR and direct staff to transmit it to the Florida Department of Community Affairs. The vote was not by formal resolution. FUNDING: No funds required. RECOMMENDATION: . Staff recommends the Commission vote to adopt the EAR by formal resolution. ATTACHMENTS: · Resolution adopting the City's Evaluation and Appraisal Report (EAR). COMMISSION ACTION: RESOLUTION NO. 867 ADOPTING THE EV ALVA TION AND APPRAISAL REPORT OF THE CITY'S COMPREHENSIVE PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF 163.3191 FLORIDA STATUTES AND 9J-l1.018 FLORIDA ADMINISTRA TIVE CODE WHEREAS, it is the intent of the Legislature that adopted comprehensive plans be periodically updated through an Evaluation and Appraisal Report (EAR). WHEREAS, the evaluation and appraisal report process shall be the principal process for updating local comprehensive plans. WHEREAS, the City has prepared an EAR that was reviewed by the City's Local Planning Agency at a duly advertised public hearing on May 27, 1998 in accordance with 163.3174(4)(b) FS., 163.3181 FS. and 9J-5.004 FAC. WHEREAS, the Local Planning Agency transmitted the EAR to the City Commission and to the Florida Department of Community Affairs in accordance with 9J-33 and 9J-11.018(2) F.AC. WHEREAS, the Florida Department of Community Affairs has provided the City with their preliminary comments and the City has incorporated their suggested changes. WHEREAS, the City Commission reviewed the EAR and adopted it by majority vote at a duly advertised public hearing on September 14, 1998, and instructed City staff to transmit the adopted EAR to the Florida Department of Community Affairs, in accordance with 9J-11.018(3)(a) FAC. and 163.3181 F.S. and 9J-5.004 F.AC. WHEREAS, The Florida Department of Community Affairs notified the City that it requires a formal resolution or ordinance for adoption of the EAR. NOW, THEREFORE, BE IT ORDAINED THAT: Section 1: The City Commission of the City of Winter Springs, Florida does hereby adopt the City's Evaluation and Appraisal Report of its Comprehensive Plan through this resolution. Section 2: This resolution shall remain in force and effect until supplemented, amended, repealed, or otherwise altered. Section 3: All resolutions or parts thereof in conflict with this resolution are hereby repealed. Section 4: This resolution shall take immediate effect upon its passage. Passed and adopted this 9th day of November, 1998. CITY OF WINTER SPRING, FLORIDA PAUL P. PARTYKA MAYOR MARGO PIERCE, CMC CITY CLERK