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HomeMy WebLinkAbout2000 04 24 Public Hearings A Second Reading - Ordinance 2000-09 Public Schools Allowable Use COMMISSION AGENDA ITEM A Consent Informational Public Hearing X Regular April 24, 2000 Meeting r~ AuthorizatIon REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for second reading and adopt Ordinance 2000-09 relating to the large scale comprehensive plan amendment (LG-CPA-4-99) that would change the Future Land Use Element of the Comprehensive Plan by replacing existing Policy 2)a., b. under Objective B of Goal 3 with new language (as Policy 2) which would identify the land use categories in which public schools are an allowable use and provide school siting criteria. PURPOSE: The plan amendment is intended to identify locations in the City where public school facilities would be considered an allowable use in the Future Land Use Map designations, and to provide school siting criteria. APPLICABLE LAW AND PUBLIC POLICY: Section 163 .3177( 6)( a) F. S. which states: "The future land use element must clearly identify the land use categories in which public schools are an allowable use. When delineating the land use categories in which public schools are and allowable use, a local government shall include in the categories sufficient land proximate to residential development to meet the projected needs for schools in coordination with public school boards and may establish differing criteria for schools of different type or size. Each local government shall include lands contiguous to existing school sites, to the maximum extent possible, within the land use categories in which public schools are an allowable use." CDD/Aprill3, 2000/9:33 AM APRIL 24,2000 PUBLIC HEARING AGENDA ITEM A Page 2 CONSIDERATIONS: . Since the 1992 Comprehensive Plan was adopted, State growth management laws have been changed to require that the Future Land Use Element clearly identify the land use categories in which public schools are an allowable use and to provide school siting criteria. Currently public schools (kindergarten through high school) are considered an allowable use in any land use classification. · The City's Comprehensive Plan Land Use Element does contain language relating to the siting of schools. This language is found in Policy 2 a, b under Objective B of Goal 3 (page 21) which states: Sites for new schools shall be provided to serve the growing population. a. Public schools are allowed in any land use classification. b. Private schools shall be permitted on a site-specific basis considering the effects on adjacent residences or the potential detriment to the private school of current or future surrounding land uses. · The proposed plan amendment would replace Policy 2) a., b. under Objective B of Goal 3 with Policy 2) under Objective B of Goal 3 to the (Future) Land Use Element to basically allow public school facilities in all residential land use categories except in Recreation, Conservation, Utility Installation Future Land Use Map designations. As it relates to schools in typical residential areas, this approach focuses particularly on compatibility with the neighborhood and the sufficiency of needed public facilities. Compatibility is an area of interest since schools tend to be large non-residential land uses. Public facilities are an area of interest due to the need for adequate transportation and utility facilities to serve the schools. . In addition to clearly indicating the land use categories in which public schools are an allowable use, the new replacement policy includes criteria which encourage the location of schools close to urban residential areas to the extent possible and to require that efforts be made to co-locate other public facilities with public schools. Other criteria are included to help achieve compatibility with nearby land uses, ensure that adequate public facilities are available, and provide sites with sufficient land area for the school facilities and environmental, historic, and archaeological resources. It is anticipated that adoption of these criteria in the new replacement policy would eventually result in changes to the Land Development Code to reflect the new Comprehensive Plan criteria. CDD/April13, 2000/9:33 AM APRIL 24,2000 PUBLIC HEARING AGENDA ITEM A Page 3 . City planning staff has sent a draft of the text of the proposed amendment for informal review and has received informal agreement with the language of the proposed plan amendment. · The Commision held a first reading of Ordinance 2000-09 on April 10, 2000 at 3:15 a.m. FISCAL IMPACT: None FINDINGS: · Since the 1992 Comprehensive Plan was adopted, State growth management laws have been changed to require that the Future Land Use Element clearly identify the land use categories in which public schools are an allowable use and to provide school siting criteria. . Currently public schools (kindergarten through high school) are considered an allowable use in any land use classification. · The proposed plan amendment would replace Policy 2) a., b. under Objective B of Goal 3 with Policy 2) under Objective B of Goal 3 to the (Future) Land Use Element to basically allow public school facilities in all residential, Commercial, Industrial land use categories except in the Recreation, Conservation, Utility Installation Future Land Use Map designations. . As it relates to schools in typical residential areas, The proposed plan amendment focuses particularly on compatibility with the neighborhood and the sufficiency of needed public facilities. . The new replacement policy includes criteria which encourage the location of schools close to urban residential areas to the extent possible and to require that efforts be made to co-locate other public facilities with public schools. Other criteria are included to help achieve compatibility with nearby land uses, ensure that adequate public facilities are available, and provide sites with sufficient land area for the school facilities and environmental, historic, and archaeological resources. CDD/Aprill3, 2000/9:33 AM APRIL 24,2000 PUBLIC HEARING AGENDA ITEM A Page 4 . The Florida Department of Community Affairs has no objections, recommendations or comments in its ORC Report. Therefore the Department finds it acceptable at this stage of the review and approval process. STAFF RECOMMENDATION: Staff recommends the Commission hold a public hearing for second reading and consideration of Ordinance 2000-09 to adopt the large scale comprehensive plan amendment (LG-CPA-4-99) that would change the Future Land Use Element of the Comprehensive Plan by replacing existing Policy 2)a., b. under Objective B of Goal 3 with new language (as Policy 2) which would identify the land use categories in which public schools are an allowable use and provide school siting criteria. IMPLEMENTATION SCHEDULE: The ordinance would take effect upon the date a final order is issued by the Florida Department of Community Affairs (approximately June 14th), or the Administration Commission finding the Amendments in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on these Amendments may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the Amendments may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of these Amendments, the Comprehensive Plan Amendments set forth herein shall amend the City of Winter Springs' Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs' Comprehensive Plan, as amended. ATTACHMENTS: A. Ordinance 2000-09 B. Public School Facilities Location Large Scale Comprehensive Plan Amendment Transmittal to DCA C. Advertisement for April 14,2000 COMMISSION ACTION: CDD/ApriI14. 200011:52 PM . . . II , A TT ACHMENT A ORDINANCE NO. 2000-09 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CHANGING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY REPLACING EXISTING POLICY 2)A.,B. UNDER OBJECTIVE B OF THE GOAL 3 WITH NEW LANGUAGE (AS POLICY 2) WHICH WOULD IDENTIFY THE LAND USE CATEGORIES IN WHICH PUBLIC SCHOOLS ARE AN ALLOWABLE USE AND PROVIDE SCHOOL SITING CRITERIA; PURSUANT TO 166.041 FLORIDA STATUTES; PURSUANT TO 166.041 FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, the Department of Community Affairs requires that each local jurisdiction amend its Comprehensive Plan to include land use categories in which public schools are an allowable use and provide school siting criteria; and WHEREAS, the City Commission amend the City of Winter Springs Comprehensive Plan to include the following language that would identify the land use categories in which public schools are an allowable use and provide school siting criteria; and WHEREAS, the Planning and Zoning Board at its November 24, 1999 meeting reviewed the proposed new language that would change the Future Land Use Element of the Comprehensive Plan by replacing existing Policy 2)a.,b. under Objective B of Goal 3 with new language (as Policy 2) which would identify the land use categories in which public schools are an allowable use and provide school siting criteria; and City of Winter Springs Ordinance No. 2000-09 Page I of 5 WHEREAS, the Comprehensive Plan amendment adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act and the amendments are in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida, and serve a legitimate government interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. herein by this reference. The foregoing recitals are true and correct and are fully incorporated Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act, sections 163.184 and 163.187, Florida Statutes. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions ofthe City of Winter Springs' Comprehensive Plan. Section 4. Adoption of Text Amendment to Comprehensive Plan. The City of Winter Springs' Comprehensive Plan, Future land Use Element, shall hereby be amended to include the following Goal, Objectives, and Policies regarding Public Schools: (underlined type indicated additions) Public schools (kindergarten through high school) are considered an allowable use in any areas with the following future land use designations: Rustic Residential: Lower Density Residential: Moderate Density Residential: Medium Density Residential: Higher Density Residential: Urban Density Residential: Commercial: Industrial: Mixed Use: Public Buildings: Town Center City of Winter Springs Ordinance No. 2000-09 Page 2 0 f 5 These public schools shall be developed in accordance with: L The Land Development code (to the extent that the code is not in conflict with State or Federal requirements): 2. The requirements of any mutual agreement between the City of Winter Springs and the Seminole County School Board which are consistent with this Comprehensive Plan: a. These schools shall be located in close proximity to or existing or anticipated concentrations of residential development except for high schools an except for specialized schools which are suitable for other locations due to their special characteristics. 12 They should generally be located away from industrial uses. airports. railroads. and other facilities. which might adversely impact the schools due to noise. vibration. odors. dust. toxic materials. traffic conditions. and/or other substantial hazards. c. They should minimize detrimental impacts on residential neighborhoods. hospitals. nursing homes and similar uses through proper site location. configuration. design layout. access. parking. and buffers. d. The school size and land area should generally satisfy the minimum standards established by the Seminole County School Board. e. Sites should be of sufficient size to ensure that the initial and the anticipated buildings and other improvements can be located away from flood plains. wetlands. and other environmentally sensitive area an will not adversely impact historic or archaeological resources. f Suitable potable water. sewer. stonn water. and fire protection facilities should be available to the site. ~ Sites should have frontage on or direct access to a collector or arterial road and should have suitable ingress and egress for pedestrians. bicycles. cars. buses. service vehicles. and emergency vehicles. City of Winter Springs Ordinance No. 2000-09 Page 3 of 5 . .. .!L The ioint use of public properties for school facilities. park and recreation improvements (including community centers). and Seminole County branch libraries should be encouraged where feasible. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting this adopted Comprehensive Plan Amendments to the Florida Department of Community Affairs, in accordance with section l63.3187(1)(c)(4), Florida Statutes, and section 9J-ll, Florida Administrative Code. Section 6. 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 7. 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 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status ofthe Plan Amendments. The effective date of the Comprehensive Plan Amendment adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the Administration Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on this Amendments may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the Amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of these Amendments, the Comprehensive Plan Amendments set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. City of Winter Springs Ordinance No. 2000-09 Page 4 of 5 , . .' ' ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the J7"<'day of April, 2000. n m. n ~ () . ~IO~ Paul P. Partyka, Mayor 'J A TrEST: ( r' r ! APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINT PRfNGS ONLY: ;/1 \/( /t-1 v /0' Anthony A. Garganese, Cit City of Winter Springs Ordinance No. 2000-09 Page 5 of 5 () . ATTACHMENT B . . . . . CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTEr" SPRINGS. FLORIOA 32700-2799 Telephone (407) 327-1000 Community Development Dept. Planning Division January 4, 2000 . Mr. Ray Eubanks Florida Department of Community Affairs Bureau of Local Planning - Division of Resource Planning Plan Processing Team 2555 Shumard Oaks Blvd. Tallahassee, FL 32399-2100 Dear Mr. Eubanks: The City of Winter Springs submits the enclosed proposed large scale comprehensive plan amendments to DCA and other appropriate agencies for its review, as part of its Spring amendment cycle (first round) transmittal, per 9J-l1.006(1 )(a) F.A.C. . 1. The Local Planning Agency held an advertised public hearing on the following enclosed proposed plan amendments: [per 9J-11.006(1)(a)1. F.A.C. ] LG-CP A-1-99 LG-CPA-2-99 LG-CPA-4-99 November 3, 1999, and November 24, 1999 November 3, 1999 November 3, 1999 2. The City Commission of Winter Spring held an advertised public hearing on the following enclosed proposed plan amendments: [per 163.3184(15)(b)1. F. S. and 9J-11.006(1)(a)2. F.A.C. ] LG-CPA-1-99 LG-CPA-2-99 LG-CPA-4-99 December 13, 1999 December 13, 1999 December 13, 1999 The City is also submitting copies of these proposed plan amendments to the following agencies concurrently with this transmittal to DCA: [per 9J-l1.006(1)(a)2. FAC] * East Central Florida Regional Planning Council St. Johns River Water Management District * . . . >I< Florida Department of Transportation Florida Department of Environmental Protection >I< 3. The City submits the enclosed proposed plan amendments for review by the Florida Department of Community Affairs and other appropriate agencies. The following is a summary of each proposed plan amendment: [per 9J-l1.006(1)(a)3. FAC] LG-CPA-1-99: The purpose of the plan amendment is to create a new Future Land Use Map designation "Town Center on the Future Land Use Map, along with text (GOPs) in the Land Use Element in order to carry out the mandate of Policy 3)c. under Objective A of Goal 1 of the Traffic Circulation Element. LG-CP A-2-99: The purpose of the plan amendment is to change the Future Land Use Map designation of a 59.45 acre (resurveyed to 68 acres) parcel that was recently annexed into the City from county FLUM designation A-I 0 "Agriculture" to City FLUM designation "Lower Density Residential" LG-CP A-4-99: The purpose of the plan amendment is to state where in the City of Winter Springs public school facilities would be considered an allowable use in the Future Land Use Map designations, and provide school siting criteria. 4. The City Commission intends to hold a second public hearing 60 days after the receipt of the ORC Report from DCA [per 163.3184(7) F.S.] - possibly March 27, 2000, or after clarification and resolution of items in the ORC Report with DCA. The City requests the Department of Community Affairs expedite the review of LG-CP A-1-99 "Town Center" plan amendment and LG-CPA-4-99 "Public Schools Location" plan amendment. 5. The proposed plan amendments are not inlor applicable to an area of critical state concern. 6. The proposed plan amendments do not apply to the Wekiva River Protection Area pursuant to Chapter 369, Part III, Florida Statutes. 7. The proposed plan amendment LG-CP A-1-99 and LG-CP A-2-99 are not an exemption to the twice per calendar year limitation on the adoption of comprehensive plan amendments, but LG-CP A-4-99 (the Public Schools Location plan amendment) is exempt. . 8. The City has sent a copy of its complete adopted comprehensive plan including amendments with all support documents which includes data and analyses to all of the review agencies listed in Rules 9J-l1.009(8)(a) through (h) FAC. These copies have been sent concurrently with the transmittal to the Department of Community Affairs. As of the date of this letter, no other unit of local government or government agency has filed a written request with the City for copies of the plan amendments. .9. The proposed plan amendments are not proposed to be adopted under ajoint planning agreement pursuant to 163.3171 Florida Statutes. 10. The contact person for the City concerning the proposed plan amendments is: Thomas Grimms, AICP Comprehensive Planning/Zoning Coordinator (407) 327-1800 # 303 Winter Springs City Hall 1126 East State Road 434 Winter Springs, FL 32708-2799 . Enclosed are six (6) copies of the proposed amendments per 9J-l1.006(1)(b) F.A.C. Included with these copies are six (6) copies of the staff report, and the minutes of the Local Planning Agency and the City Commission recommendation per 9J-l1.006(l)(c) F.A.C. As mentioned, the City requests the Department of Community Affairs expedite the review ofLG-CPA-1-99 "Town Center" plan amendment and LG-CPA-4-99 "Public Schools Location" plan amendment. Sincerely, -=YA~~~ Thomas J. Grimms, Comprehensive PIa . g/Zoning Cordinator cc: Charles Carrington, AICP Community Development Director 1999 Plan Amendment File Read File . " CITY OF WINTEI{ SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMI3ER 13. 1999 Page 3 of 17 . No action was needed or taken. .:. .:. AGENDA NOTE: THE NEXT AGENDA ITEMS WERE HEARD IN THE FOLLOWING ORDER. .:..:. ~ V PUBLIC HEARINGS , - E.' Community Development Department - Planniug Division Requests The City Commission Hold A Public Hearing To Transmit The Elizabeth Morse Foundation Property Large Scale Comprehensive Plan Amendment (LG- CP A-2-99) To The Florida Department Of Community Affairs, That Would Change The Future Land Use Map Designation From (County) A-lO "Agriculture" To (City) Designation "Lower Density Residential". Commissioner David W McLeod returned to the Commission Chambers at 7:05 p.;;". Staff briefly introduced this Agenda Item. Mayor Partyka opened the Public Input portion of this Agenda Item. . There were no comments. The Public Input portion of this Agenda Item was then closed. Mayor Partyka said, "We need some kind of Motion to transmit". "I MAKE A MOTION". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. H. Community Development Department - lanning Division Requests The City Commission Hold A P lie Hearing For The Second Reading And Adoption Of Ordinance 749 To D gnate The Elizabeth Morse Foundation Property (59.45 Acres) R-lA "One Fam. Dwelling District" On The City's Zoning Map. Attorney Garganese read Ordinance 7 Brief discussion on the quantity of anned lots. . Duncan Bowman. 2804 South S cond Street, Jacksonville Beach, Florida: advised the Commission about the 115 lots Ianned. . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION ItEGUL^R MEETING - DECI::MOER 13. 1999 Page 10 of 1 7 VOTE: COMMISSIONER BLAKE: AYE; DEP TY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COM SSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. MOTI ARRIED. Mayor Partyka then said, a Motion was neede .. 'to "Delay the third reading of Ordinance 707 to some type of future date". "SO MOVED". MOTION BY COMM SIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. . COMMISSIONER MARTINEZ . ED TO HIS MOTION, "TO FEBRUARY 14TH". SECONDED (AGAIN) BY; COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR G NELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER INEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLA : AYE. MOTION CARRIED. '" \ Mayor Partyka spoke about go. g documents for a meeting in a more timely manner. ~ D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing To Transmit The Large Scale Comprehensive Plan Amendment (LG-CPA-1-99) To The Florida Department Of Community Affairs, That Would Create A Future Land Use Map Designation "Town Center" And Add Goal, Objectives, And Policies To The Text Of The Land Use Element Of The City's Comprehensive Plan (Volume 2 Of2). Mr. Thomas Grimms, AICP, Comprehensive Planning Coordinator introduced this Agenda Item as part of the "Fall 1999 Submission Cycle To DCA". Mayor Partyka opened the Public Input portion of this Agenda Item. Joe DeMinico, 985 Troon Trace, Winter Springs. Florida: apologized, and then spoke about the Mayor's previous comments about documents being available prior to meetings. The Mayor closed the Public Hearing portion of this Agenda Item. . Micky Grindstaff. 20 North Orange Avenue. Suite 1000, Orlando, Florida: stated "Just for the record, to state that Schrimsher Group was not in favor of the Town Center Comp Plan change to the Town Center zoning change without the companion agreement that addresses facts and situations probably that are unique to Schrimsher, which we have been talking about now - for over twelve (12) months, and I don't think there is any reason to get back into it; I just want it to be on the record as this new Ordinance was working its way through; just to point that out. And, I commend the P & Z for - over one (1) year later, after they heard the Town Center Design Code Ordinance, to also taking similar action, when they heard the Town Center Comp Plan Amendment Ordinance, in . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING ..DECEMBER 13. 1999 "age I I of 17 that they recommended approval of - with the exclusion of the Schrimsher properties, and any other property that didn't have an agreement that dealt specifically with it". "I MOVE TO FORWARD THIS COMPREHENSIVE PLAN, TO MOVE IT FORWARD, TO TRANSMIT IT TO DCA". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; ~ t COMMISSIONER McLEOD: AYE. MOTION CARRIED. ~ F. Community Development Department - Planning Division Requests The City Commission Hold A First Public Hearing To Transmit The Large Scale Comprehensive Plan Amendment (LG-CP A-4-99) To The Florida Department Of Community Affairs, That Would Change The Future Land Use Element Of The Comprehensive Plan By Replacing Existing Policy 2)a., b. Under Objective B Of Goal 3 With New Language (As Policy 2) Which Would Identify The Land Use Categories In Which Public Schools Are An Allowable Use And Provide School Siting Criteria. Mr. Grimms introduced this Agenda Item. . Mayor Partyka opened the Public Input portion of this Agenda Item. There were no comments. The Mayor closed the Public Hearing portion of this Agenda Item. "I MAKE A MOTION THAT WE TRANSMIT THIS LARGE SCALE COMPREHENSIVE PLAN AMENDMENT TO THE DEP ARTMENT OF, FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS - AS REGARDS THE LAND USE CATEGORIES IN WHICH PUBLIC SCHOOLS ARE AN ALLOW ABLE USE, AND PROVIDES SCHOOL SITING CRITERIA". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. COMMISSIONER MILLER THEN SAID, "I'D LIKE TO MAKE AN AMENDMENT TO THAT, TO INCLUDE THAT DCA EXPEDITE THE REVIEW". AMENDMENT BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE (ON THE AMENDMENT): COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGUI../\J( ,'v1EETING - DECEMBER 13. 1999 Page 12 of 17 VOTE (ON THE MAIN MOTION): DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. G. Community Development Department - Plann/ng Division Requests The City Commission Hold A Second Ppblic Hearing To Adopt Three (3) Large Scale Comprehensive Plan Amendments ($..G-CP A-2-98, LG-CP A-3-98, LG- CP A-4-98) Dealing With Land Conservation AnQ Resou rce Protection. Brief discussion. Mayor Partyka opened the Public Input portion Joe DeMinico, 985 Troon Trace, Winter Sprr,' gs, Florida: asked to have the "titles expanded upon". ~ Mr. Grimms explained what the abbreViatifo. ... "LG-CPA-2-98, LG-CPA-3-98, and LG- CPA+98" meant. Mayor Partyka then asked that it be noted t t Mr. DeMinico spoke on this Agenda Item. . The Mayor closed the Public Input portio of this Agenda Item. . Attorney Garganese suggested that an Or. inance should be included with this transmittal. Brief discussion followed regarding rela d advertisements. Commissioner Blake then asked to h e copies of Ordinances, and related advertising included in each Agenda packet. Mayor Partyka asked for a consensus of the Commission regarding this. The c' nsensus of the Commission was to have related advertisements included in Agenda p ckets. "MOTION TO POSTPONE NTIL JANUARY 11 TH,,*). MOTION BY COMMISSIONER MARTINEZ SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: CO ISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMIS ONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MA OR GENNELL: AYE. MOTION CARRIED. *NOTE: The date of January 1 th that was stated, actually was a reference to the first meeting in January, which is t s meeting - the meeting 0 f January 10, 2000. Mayor Partyka asked about ecks and balances to ensure that everything is included in Agenda packages. . . e: COMMISSION AGENDA ITEM F Consent Informational Public Hearing X Regular December 13, 1999 Meeting ,~.- Mgr. 1 Authorizatio REQUEST: The Community Development Department - Planning Division requests the City Commission hold a first public hearing to transmit the large scale comprehensive plan amendment (LG-CP A-4-99) to the Florida Department of Community Affairs, that would change the Future Land Use Element of the comprehensive Plan by replacing existing Policy 2)a., b. under Objective B of Goal 3 with new language (as Policy 2) which would identify the land use categories in which public schools are an allowable use and provide school siting criteria. PURPOSE: . The plan amendment is intended to identifY locations in the City where public school facilities would be considered an allowable use in the Future Land Use Map designations, and to provide school siting criteria. 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." CDDfDcccrnbcr 3. 1999/9:06 AM e) . eJ DECEMBER 13, 1999 PUBLIC HEARING AGENDA ITEM F Page 2 The provisions of 163.3184(15)(b) F.S. which state: uThe 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." CONSIDERATIONS: · The intent of the Legislature on the matter or public school location and co- location is found in 163.3177(6)a F.S. which is to give school boards guidance on where public schools would be allowed. Experience has shown that in some local jurisdictions there has been unpredictability about where schools could be built. This has led to compatibility conflicts, lengthy and expensive permitting delays and even denials. Conversely, without positive direction school boards have sometimes constructed new schools in locations which have induced unplanned growth, leading to other problems. · Since the 1992 Comprehensive Plan was adopted, State growth management laws have been changed to require that the Future Land Use Element clearly identify the land use categories in which public schools are an allowable use and to provide school siting criteria. Currently public schools (kindergarten through high school) are considered an allowable use in any land use classification. · The City's Comprehensive Plan Land Use Element does contain language relating to the siting of schools. This language is found in Policy 2 a, b under Objective B. of Goal 3 (page 21) which states: Sites for new schools shall be provided to serve the growing population. a. Public schools are allowed in any land use classification. b. Private schools shall be permitted on a site-specific basis considering the effects on adjacent residences or the potential detriment to the private school of current or future surrounding land uses. CDDfDcccrnbcr J. 1999/9:06 AM e) e)' e) DECEMBER 13 1999 , PUBLIC I-TEARING AGENDA ITEM F Page 3 · The Local Planning Agency, at its November 24, 1999 meeting recommended the City Commission transmit the Public Schools Location/Co-location large scale comprehensive plan amendment (LG-CP A-4-99) to the Florida Department of Community Affairs for its review and comment (ORC Report). FISCAL IMPACT: None FINDINGS: · Since the 1992 Comprehensive Plan was adopted, State growth management laws have been changed to require that the Future Land Use Element clearly identify the land use categories in which public schools are an allowable use and to provide school siting criteria. . Currently public schools (kindergarten through high school) are considered an allowable use in any land use classification. · The proposed plan amendment would replace Policy 2) a. and b. under Objective B of Goal 3 with Policy 2) under Objective B of Goal 3 to the (Future) Land Use Element which will allow public school facilities in all residential, Commercial, Industrial land use categories except in the Recreation, Conservation, Utility Installation Future Land Use Map designations. · As it relates to schools in typical residential areas, the proposed plan amendment focuses particularly on compatibility with the neighborhood and the sufficiency of needed public facilities. · The new replacement policy includes criteria which encourages the location of schools close to urban residential areas to the extent possible and to require that efforts be made to co-locate other public facilities with public schools. Other criteria are included to help achieve compatibility with nearby land uses, ensure that adequate public facilities are available, and provide sites with sufficient land area for the school facilities and environmental, historic, and archaeological resources. CDDIDcccmbcr 3. 1999/9:06 ^M DECEMBER 13, 1999 PUBLIC HEARING AGENDA ITEM F . Page 4 STAFF RECOMMENDATION TO THE LOCAL PLANNING AGENCY AND THE CITY COMMISSION: Based on the Staff Report and Findings, staff makes the following recommendation:: That the City Commission transmit the proposed Public Schools Facilities Location/Co-location large scale comprehensive plan amendment to the Florida Department of Community Affairs for expedited review. LOCAL PLANNING AGENCY RECOMMENDATION TO THE CITY COMMISSION: The following motion was made: . "J move to recommend to the City Commission that they transmit LG-CP A-4-99, for transmittal to t~e Department of Community Affairs and to further schedule an appropriate public hearing to receive any objections, recommendations or comments from DCA, J understand on an emergency type basis, with the following changes. Under B)#. E. on page five, that the end of the first sentence will read, (and will not materially adversely impact historic or archaeological resources or existing residential neighborhoods'" . The motion was amended by the originator of the motion: "By the way that recommendation is based on the one, two, three, four, five bullet point findings under Roman numeral three, together with the additional findings that it meets the City's policies, goals and objectives as well as the state's as well as the East Central Florida Regional Planning Council." MOTrON PASSED IMPLEMENTA TION SCHEDULE: The City Commission would hold a second (adoption) public hearing within sixty (60) days after receiving the ORC Report from DCA (estimated to be received around the first part of March). Staff then develops any needed response to the ORC Report. The second public hearing is advertised and held (estimated to be in May). The ordinance would take effect immediately upon adoption by the City Commission .J CDD/December 3. 1999/9:06 AM e) e) e) DECEMBER ] 3, ] 999 PUBLIC HEARING AGENDA ITEM F Page 5 ATTACHMENTS: A. Staff Reports for November 3, 1999 LP A meetings. B. Minutes of November 3, LPAMeetings. COMMISSION ACTION: COD/December 3. 1999/9:06 AM ei ATTACHMENT A e) e.l e\ e) eJ CITY OF Wlr--JTErl SPHINGS, FLOltl()^ , 11%6 EAST STArE nOM) ~3~ WINTER SPRINGS. FLORIO^ 32700.2799 Tclcphonc (~07) 327.1000 Community Development Dept. Planning Division PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY AGENDA ITEM II. A. - - PUBLIC SCHOOL FACILITIES LARGE SCALE COMPREHENSIVE PLAN AMENDMENT Staff Repo.rt REQUEST: City staff requests the Board consider the proposed Public School Facilities Plan Amendment which would change the Land Use Element of the Comprehensive Plan by replacing existing Policy 2) a., b. under Objective B of Goal 3 with new language (as Policy 2) which would identify the land use categories in which public schools are an allowable use and provide school siting criteria, and make recommendation to the City Commission to transmit the proposed amendment to the Florida Department of Community Affairs. PURPOSE: To state when:: in the City public school facilities would be considered an allowable use in the Future Land Use Map designations, and provide school siting criteria. APPLICABLE LAW AND PUBLIC POLICY: Section 163.3177(6)(a) F.S. which states: "The future land use element must clearly identify the land use categories in which public schools are an allowable use. When delineating the land use categories in which public schools are and allowable use, a local government shall include in the categories sufficient land proximate to residential development to meet the projected needs for schools in coordination with public school boards and may establish differing criteria for schools of different type or size. Each local government shall include lands contiguous to existing school Local Planning Agcncy Novcmber 24, 1999 fall Amcndmcnt Cycle. 1999 Public School Facilities Amcndmcnt LG.CP A-4-99 . . . sites, to the maximum extent possible, within the land use categories in which public schools are an allowable use." I. SUMMARY: 1. APPLICANT: OWNER: City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708-2799 N/A 2. BACKGROUND: Florida's rapid growth has created enormous demands on supporting infrastructure. While the coordination of land use and public facilities such as roads, water, sewer, stormwater, parks and solid waste has been a mainstay of the growth management since 1985, it is increasingly apparent that the relationship between land use and public schools is a crucial aspect of building successful and sustainable communities. The Legislature enacted 95-341 Laws of Florida which required local governments to include criteria for the siting of public schools. The school siting requirement is found also in the Florida Statutes. The intent of 163.3177(6)a F.S. is to give school boards guidance on where public schools would be allowed. Experience has shown that in some local jurisdictions there has been unpredictability about where schools could be built. This has led to compatibility conflicts, lengthy and expensive permitting delays and even denials. Conversely, without positive direction school boards have sometimes constructed new schools in locations which have induced unplanned growth, leading to other problems. 3. CONSIDERATIONS: · Since the 1992 Comprehensive Plan was adopted, State growth management laws have been changed to require that the Future Land Use Element clearly identify the land use categories in which public schools are an allowable use and to provide school siting criteria. Currently public schools (kindergarten through high school) are considered an allowable use in any land use' c1assi fication. · The City's Comprehensive Plan Land Use Element does contain language relating to the siting of schools. This language is found in Policy 2 a, b under Objective B of Goal 3 (page 21) which states: 2 Local Planning Agency November 24. 1999 [-'all Amcndment Cyclc. 1999 Public School Facililies Amendment LG-CPA-4-99 ~ e) e) . Sites for new schools shall be provided to serve the growing population. a. Public schools are allowed in any land use classification. b. Private schools shall be permitted on a site-specific basis considering the effects on adjacent residences or the potential detriment to the private school of current or future surrounding land uses. --. 4. DEVELOPMENT TRENDS. Overall, the City has experienced and is continuing to experience significant growth pressure with an average of 35 houses being constructed each month. Plans are progressing on a new Town Center for the City. 5. LETTERSIPHONE CALLS IN FAVOR OR IN OPPOSITION: None at the time of preparation of this report. 6. CITY COMMISSION DISTRICT All Districts ll. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: NOTE: This plan amendment is required by the State for all counties and municipalities. The emphasis of the state requirement is to allow siting of school facilities in as many locations as reasonably possible. The amendment is not subject to the twice a year submission restriction for large scale comprehensive plan amendments. A. EXISTING TEXT (FOUND IN POLICY 2 a, b UNDER OBJECTIVE B OF GOAL 3 OF THE LAND USE ELEMENT (page 21) IN THE COMPREHENSIVE PLAN RELATING TO SCHOOL SITING: [pROPOSED TO BE REPLACED] Sites for new schools shall be provided to serve the growing population. a. Public schools are allowed in any land use classification. J Local Planning Agency November 24, 1999 Fall Amendment Cycle, 1999 Public School Facilities Amendment LG-Cr A-4-99 e} e) ). e)) b. Private schools shall be permitted on a sitc-specific basis considcring the effects on adjacent residences or the potential detriment to the private school of current or future surrounding land uses. B. PROPOSED REPLACEMENT TEXT RELATING TO SCHOOL SITING: Public schools (kindergarten through high school) are considered an_allowable use in any areas with the following future land use designations: Rustic Residential; Lower Density Residential, Moderate Density Residential; Medium Density Residential; Higher Density Residential; Urban Density Residential; Commercial; Industrial; Mixed Use. Public Buildings T own Center These public schools shall be developed in accordance with: 1. the Land Development Code (to the extent that the code is not in conflict with State or Federal requirements); 2. the requirements of any mutual agreement between the City of Winter Springs and the Seminole County School Board which are consistent with this Comprehensive Plan; 3. the following criteria for new public schools: a. These schools shall be located in close proximity to existing or anticipated concentrations of residential development except for high schools and except for specialized schools which are suitable for other locations due to their special characteristics. b. They should generally be located away from industrial uses, airports, railroads, and other facilities which might adversely impact the schools due to noise, vibration, odors, dust, toxic materials, traffic conditions, and/or other substantial hazards. 4 Local Planning Agency November 24, 1999 Fall Amendment Cycle. 1999 Public School Facilities Amendment LG-CP A-4-99 . . . c. They should minimiZe detrimental impacts on residential neighborhoods, hospitals, nursing homes, and similar uses through proper site location, configuration, design, layout, access, parking, and buffers. d. The school size and land area should generally satisfy the minimum standards established by the Seminole County School Board. e. Sites should be of sufficient size to ensure that the initial and the anticipated buildings and other improvements can be located away from flood plains, wetlands, and other environmentally sensitive areas and will not adversely impact historic or archaeological resources. Suitable potable water, sewer, storm water, and fire protection facilities should be available to the site. g. Sites should have frontage on or direct access to a collector or arterial road and should have suitable ingress and egress for pedestrians, bicycles, cars, buses, service vehicles, and emergency vehicles. h.' The City shall seek to co-locate public facilities, such as parks, libraries, and community centers, with schools to the extent possible. c. LAND USE CATEGORIES The proposed plan amendment would replace Policy 2) a., b. under Objective B of Goal 3 with Policy 2) under Objective B of Goal 3 to the (Future) Land Use Element to basically allow public school facilities in all residential land use categories except in Recreation, Conservation, Utility Installation Future Land Use Map designations. As it relates to schools in typical residential areas, this approach focuses particularly on compatibility with the neighborhood and the sufficiency of needed public facilities. Compatibility is an area of interest since schools tend to be large non-residential land uses. Public facilities are an area of interest due to the need for adequate transportation and utility facilities to serve the schools. D. LOCATION CRITERIA In addition to clearly indicating the land use categories in which public schools are an allowable use, the new replacement policy includes criteria which encourage the location of schools close to urban residential areas to the extent possible and to require that efforts be made to co-locate other public facilities with public schools. Other criteria are included to help achieve compatibility with nearby land uses, ensure that adequate public facilities are available, and provide sites with sufficient land area for the school facilities and environmental, historic, 5 Local Planning Agency November 24, 1999 Fall Amendment Cycle, 1999 Puulic School Facilities Amendment LG-CP A-'1-99 e) e) e)i and archaeological resources. It is anticipated that adoption of these criteria in the new replacement policy would eventually result in changes to the Land Development Code to reflect the new Comprehensive Plan criteria. E. INFORMAL REVIEW BY THE DEPARTMENT OF COM1V1UNITY AFFAllS City planning staff has sent a draft of the text of the proposed amendment for informal review and has received informal agreement with the language of the proposed plan amendment. Ill. -FINDINGS: . Since the 1992 Comprehensive Plan was adopted, State growth management laws have been changed to require that the Future Land Use Element clearly identify the land use categories in which public schools are an allowable use and to provide school siting criteria. · CurrentJy public schools (kindergarten through high school) are considered an allowable use in any land use classification. · The proposed plan amendment would replace Policy 2) a., b. under Objective B of Goal 3 with Policy 2) under Objective B of Goal 3 to the (Future) Land Use Element to basically allow public school facilities in all residential, Commercial, Industrial land use categories except in the Recreation, Conservation, Utility Installation Future Land Use Map designations. . As it relates to schools in typical residential areas, The proposed plan amendment focuses particularly on compatibility with the neighborhood and the sufficiency of needed public facilities. . The new replacement policy includes criteria which encourage the location of schools close to urban residential areas to the extent possible and to require that efforts be made to co-locate other public facilities with public schools. Other criteria are included to help achieve compatibility with nearby land uses, ensure that adequate public facilities are available, and provide sites with sufficient land area for the school facilities and environmental, historic, and archaeological resources. G Local Planning ^gcncy NovclIlbcr2/1.1999 Fall ^Illcndrnenl Cycle. 1999 Public School Facilities ^rncndmcnt LG-Cl' ^-/1-99 .! . . IV. STAFF RECOMMENDATION: Based on the Staff Report and Findings, staff recommends the Local Planning Agency make the following recommendation to the City Commission: That the City Commission transmit the proposed amendment to the Florida Department of Community Affairs for expedited review. 7 Locall'lanning Agcncy Novcmbcr 2'1. 1999 Fall Amcndmcnt Cyclc, 1999 Public School Facilities Amcndmcnt LG-CPA-4-99 ., . . . Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Steven M. Seibert, Secretary Division of Community Planning Divi-sion Director's Office: (850) 488-2356, Suncom: 278-2356 Bureau of State Planning: (850) 488~4925, Suncom: 278~4925 Bureau ofLoeal Planning: (850) 487-4545, Suncom: 277-4545 Fax: (850) 488-3309) Suneom: 278-3309 FACSIMILE Date: / I /f7 h 7 , To: --;-;, m (7(/ :n/ll5 C(tJ 7 ~ 3~ ,-,')(0 Fa~simile Telephone Number: From: Brenda Winningham Office' Telephone Number: 850-922-1800 + ~ =.-:L. Total'Pages Cover Sheet: Comments or Special Instructions: ?;;r.:cJ 11I?iV? II) . .~~ I ... : I ~ i~.,::.l:'. ~ .~ i :\cJj-,! < '~l'~'.~::~;::~i(l';:=:: ;<:~J.:; .~,.:: I :)Jj~~ ~'!!.JO.~'! :!-. L :~?:J '/-" , . c. They should ffiJOlffilze detnmeolB! imptlcts on rcsidentl:tl neighborhoods, hOSPltulS, nursing homes, and similar uses through proper sito location, configuranon, design, layout, access, parking, and buffers, d. The school Slzo and land axea should gonerally satisfy the minimum standards established by the Seminole County School BoMd, o. Sites should be of sufficient size to ensure that the initial and tho anticipated buildings and othe.r improvements can be located away from flood plains, wetlands, and other environmentally sen5itive areas and will not adversely impact historic or archaeological resources, . Suitable potable wat.er, sewer, storm water, and fire protection facilities should be avallable to the site, g. Sites should have frontage on or dircct a.cceS3 to a collector or arterial road and should have suitable ingress and egress for pedestrians, bicycle:!, cars, buses, service vehicles, and emergency vehicles. 'h. The joint U3e of public properties for school facilities, park and recreation c.",,,, c:',-v...er-;:> improvements (including community centers). and Seminole County branch . (\./(~,<...~... 0"~ . libraries should be encouraged where feasible. . '~ ~ ":J\J("~~:S~""'\""l,., (,) ~ ~:" ..:> "...\\ ~~ _v.:) . ~':S" ~ ,. ': S' e <2. It::. \L.. c..oy 0 cc:. ~ flJ \:, ~I c.. , \~'''' ;J.,O( C. l..ANDUSECATEGOlUES ~c-c:l:'k,(?~, ~uc c...$ f.<-r C:,S,l.cC"'o...c-i-:"s,- c.."'Q \ ~. '....5v':J... ~'''';''''( c..O~,,^'->lY\1 ~ c.e-""~, c..>~~ ..sc.kc)o(~ .\.c +t-..e. 'ex. ~'I"- (,),.. The proposed plan amendment would replace Policy 2) a., b. under Objective ?cS~ I b IQ, B ofGoa13 with Policy 2) under Objective B of Goal j to the (Future) Land Use Element to basically allow public school facHities in all residential land use categories except in Recreation, Conservation, UtilIty Installation Futuro Land Use Map des.ign'ation~, As it relates to schools m typiCal residential areas, this approach focuses particularly on compatibility with the neIghborhood and the sufficiency of needed public facilities. Compatibility is an area of interest since schools tend to be 'large non-residential land uses:. Public facilities are an area of interest due to the need for adequate transportation and utility facilities to serve the schools. D. LOCA TI0N CRITERIA In addition to clearly indicating the land use categories in which publio schools are an allowable use, the new repJacement policy includes criteria which encourago the location of schools close to urban residential areas to the extent possible and to require that efforts be made to co-loCllte other public facilities with public schools. Other criteria. are included to help achieve compatibility with nearby land uses, ensure that adequate public facilities are available,und provide 5 e) LoclllPlanninll Agency November 24, 1999 FllJl Amco.dmc.o.l Cycle, 1999 Pubtlc Sc.boo) .faci)jti~ Amendm.ent LG-cFA-4-99 ,':1',1..; ..:-. :': ! ~ . . I ; '. "'.1 .- ,',' " . -. ';;";~. :':: ":J . - . ~ c.: I >::..::-,. . e) C IT Y 0 F WIN -r E Ii S p n I N G S. r: 1_ 0 n 1 D 1\ 117.G EAST STATE nOA() "J~ WII'>lTER SPRINGS. FLORIDA :1%700.7.799 Telephone (~O7) 37.7.1000 Community Development Depl. Planning Division e) e) PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY AGENDA ITEM: II. B. TOWN CENTER LARGE SCALE-COMPREHENSIVE PLAN AMENDMENT LG-CPA-1-99 (ADDffiON OF GOALS, OBJECTIVES, AND POLICIES) COMMUN~TY DEVELOPMENT DEPARTMENT - PLANNING DIVISION STAFF REPORT TO THE LPA: NOTE: This proposed plan amendment came before the Local Planning Agency on June 2, 1999 for review and recommendation for the Spring, 1999 Amendment Cycle. Due to various changes to the proposed Town Center Concept, the plan amendment was not submitted to the Florida Department of Community Affairs for the its review and comment during the Spring, 99 Amendment Cycle. As a result it is now being resubmitted as part of the review process for the Fall, 199~ Amendment Cycle. The Local Planning Agency at its November 3, 1999 meeting voted to recommend to the City Commission transmittal of Town Center plan amendment. . The City Attorney advises that a set of goals, objectives and policies relating to the Town Center be a direct part of the transmittal rather than as part o!another plan amendment, the S.R 434 Corridor Vision Plan amendment. As a result, the accompanying goals, objectives, and policies for the proposed Town Center need a review and recommendation to the City Commission as part of the Town Center plan amendment previously reviewed by the LP A at its November 3rd meeting. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3167(11) F.S. which states in part "Each local government is encouraged to articulate a vision of the future physical appearance and qualities of its community as a component of its local comprehensive plan. The vision should be developed through a collaborative planning process with meaningful public participation and shall be adopted by the governing body of the jurisdiction. Local Planning Agcncy Novcmbcr 24, 1999 fall Amcndmcnt Cycle, 1999 Town Ccntcr Plan Amcndmcnt LG-CPA-I-99 CITY o~ wlr,JTr::R SPFlINGS, r:1_onl()A e) 112G EAST STATE ROAD <J~ WINTEn SPRINGS. FLORIDA 32700.2799 Tclcphonc {~O'/} 327.1000 Community Development Dep\. Planning Division PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY AGENDA ITEM: II. D. TOWN CENTER LARGE SCALE COMPREHENSIVE PLAN AMENDMENT LG-CPA-1-99 (ADDITION OF GOALS, OBJECTIVES, AND POLICIES) COMMUNlTY DEVELOPMENT DEPARTMENT - PLANNING DIVISION STAFF REPORT TO THE LPA: NOTE: This proposed plan amendment came before the Local Planning Agency on June 2, 1999 for review and recommendation for the Spring, 1999 Amendment Cycle. Due to various changes to the proposed Town Center Concept, the plan amendment was not submitted to the Florida Department of Community Affairs for the its review and comment during the Spring, 99 Amendment Cycle. As a result it is now being resubmitted as part of the review process for the Fall, 1999 Amendment Cycle. .1 The Local Planning Agency at its November 3, 1999 meeting voted to , recommend to the City Commission transmittal of Town Center plan amendment. . The City Attorney advises that a set of goals, objectives and policies relating to the Town Center be a direct part of the transmittal rather than as part oJ another plan amendment, the S.R 434 Corridor Vision Plan amendment. As a result, the accompanying goals, objectives, and policies for the proposed Town Center need a r:eview and recommendation to the City Commission as part of the Town Center plan amendment previously reviewed by the LP A at its Novemb.er 3rd meeting. APPLICABLE LAW AND PUBLIC POLICY: e) The provisions of 163.3167(11) F.S. which states in part "Each local government is encouraged to articulate a vision of the future physical appearance and qualities of its community as a component of its local comprehensive plan. The vision should be developed through a collaborative. planning process with meaningful public participation and shall be adopted by the governing body of the jurisdiction. " Local Planning Agcncy Novcmbcr 24, 1999 Fall Amcndmcnt Cyclc. 19')') Town Ccntcr Plan Amcndmcnt LG-CPA-I-99 '\ e) e) e) 1. BACKGROUN D: APPLICANT: City of Winter Springs 1126 East State Road 434 (407) 327-1800 REQUEST: For the Local Planning Agency to review and make recommendation to the City Commission that the proposed vision, goals, objectives, and policies for the Town Center be transmitted with the Town Center large scale comprehensive plan amendment (LG- CP A~1-99) to the Florida Department of Community Affairs for its review and comment (ORC Report). PURPOSE: The City intends to carry out the mandate of Policy 3)c. under Objective A of Goal 1 of the Traffic Circulation Element which states in part ". . .the creation in the undeveloped central area of Winter Springs ofa primary civic, business and service focus for the City." AREA OF PROPOSED NEW "TOWN CENTER DISTRICT" FLUM DESIGNATION: Approximately 240 acres. II. CONSIDERATIONS: · City staff prepared the proposed Town Center goals, objectives and policies and sent the draft to Dover, Kohl & Partners for their review and comment and to the City Attorney for his review and comment. · A Town Center Vision Statement has been included to set the framework for the development of the Town Center as is encouraged by 163.3167(11) F.S. · The City Commission has approved a Town Center Concept Plan prepared by Dover, Kohl & Partners. III. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The goals, objectives, and policies were based on the following data and issues: . Town Center Master Plan - Winter Springs, Florida (prepared by Dover, Kohl & 2 Local Planning Agency November 2'1, 199') fall Amendmenl Cycle. 1999 Town Center Plan Amendment LG-CI' A-I-99 '< e) eJ e) ~ Partners, Gibbs Planning Group, Inc, and Michael Design I\ssociates, Inc. March 23, 1998). . Commercial Planning Study for the Town Center of Winter springs, Florida (prepared by Gibbs Planning Group, Inc., March 23, 1998). A. PROPOSED LANGUAGE OF THE TOWN CENTER VISION, GOALS, OBJECTIVES AND POLICIES: TOWN CENTER VISION: A traditional Town Center is the physical place where many basic needs of citizens are conveniently and tightly focused: shopping, working, governance, entertainment, dwellings, and the arts all happen together in a town center because it is pragmatic to do so. But the motivation to create a town center runs deeper and the payoff much greater th<m,mere convenience. Human settlements have centers because human society craves contact and connectedness. A proper town center is a symbol of the community, a reflection of its values and aspirations. Winter Springs residents and business owners have given clear indication to its elected leaders of their desire to create such a space in the City to capture the young City's imagination, to project an image of its bright future, to becotp.e a place where fond memories are born and the bonds of civil society are forged, and becoming the most valuable real estate within the City. Relatedly, the leadership of the City visualizes the Town Center as the root of the local and regional economy, and the key to a sustainable tax base. The City Commission of the City of Winter Springs desires to implement the requirement of Policy 3c of Objective A under Goal 1 of the Traffic Circulation Element which indicates that there be "creation in the undeveloped central area of Winter Springs of a primary civic, business and service focus for the City." In accordance with 163.3167(11) Florida Statutes, the City Commission developed a collaborative planning process involving a series of advertised public meetings to consider input from the residents, property owners, business community, consultants and City and county staff to formulate . . a Town Center Concept Plan, and later a Town Center Design Code. It is the declaration of the City Commission, based on the numerous public meetings, that the Town Center will be developed in the "neo-traditional" or "new urbanism" approach, involving mixed uses with increased densities and intensities. As part of the Town Center plan, the City seeks to establish a partnership with the private sector in the development of the Town Center. A Master Developer would assume a lead role and work in cooperation with a Development Team. The City of Winter Springs' Comprehensive Plan, Future Land Use Element, shall be amended to include the following Goal, Objectives, and Policies regarding the Town Center: GOAL 4) The City of Winter Springs seeks to create a Town Center, based upon traditional design standards for development, that will become the identifying focus of the J Local Planning Agcncy Novcmbcr 24. 199') Fall Amcndmcnl Cycle. I 'J')') Town Ccntcr Plan Amcndmcnt LG-er> A-I-,)') '~ . OBJECTIVE City's downtown. The primary and fundamental purpose of the Town Center shall be a place where people can reside in a mix of single and multiple family dwellings, and also gather to shop, relax, recreate, be entertained, attend community events, and enjoy the natural beauty of lands located in the Town Center. The Town Center should be created through public and private investment and development. A) The Town Center should be located in close proximity to existing public facilities such as the City Hall, Winter Springs High School, Central Winds Community Park, and U.S. Post Office. The Town Center should be a compact area primarily located on the north side of Route 434 along both sides of Tuskawilla Road, as depicted on the City's Future Land Use Map. . . Policies 1) From time to time, the City Commission may revise the Future Land Use Map to designate land "Town Center" consistent with tJiis Objective. 2) The City should maintain a leadership position to protect the integrity of the Town Center and promote public and private investment and growth therein. 3) From time to time, the City Commission may adopt appropriate transportation maps to identify future roads and traffic patterns related to the Town Center that assure best routes through land while attempting to maximize development potential and opportunities consistent with the Town Center Goal. The final location of future Town Center roads will be determined by the City during the development permit procedure. 4) The City Commission may enter into a public/private partnership arrangement with a Master Developer(s) to develop the Town Center. 5) To the extent financial resources are available, public money should be spent as a catalyst to encourage private investment within the Town Center. In coordination with private development, the City may undertake capital improvements for public infrastructure (e.g., sewer, water, roads, parks, storrnwater) to enhance or assist private development to achieve the Town Center Goal. 6) To the extent financially feasible, the City should encourage private investment in the Town Center by enacting policies to provide economic incentives to private developers building within the Town Center, provided such development is consistent with the Town Center Goal. To the extent allowed by law, incentives may include, but not be limited to, waiving permit, impact, and other City fees; providing impact fee credits; subsidizing loans; offering City owned-land; improving right-of-ways; 4 Local Planning Agcncy Novcmbcr 24, 1999 fall Amendmcnt Cycle. 1999 TOWIl Ccntcr Plan Amcndment LG-er A -1-99 " . 7) OBJECfIVE providing public infrastructure; stre(lmlining permit processing; providing free (lnd pre-approved designs, All proposed developments within the Town Center shall be subject to review by the Development Review Committee (DRC). The DRC shall have authority, within development review criteria established by the City Commission, to approve all aspects of site planning and exterior architecture within the Town Center, including aesthetic appropriateness, environmental implications, traffic impacts, and any other site-specific matters related to development. B) Promote and enhance the development of the Town Center by allowing a mixed- use higher densitylintensity neo-traditional urban pattern. Policies 1) Create innovative land development regulations to encourage a mixed-use higher density/intensity neo-traditional Town Center, utilizing, to the extent practical, the fundamentals and urban design concepts in the Town Center Master Plan: . . . . . . . . . . . . . Urbanity and high density. Walkable community. Predictability in design/flexibility in land use. Visibly different section of State Road 434. Important sites for special public places. Preserve and connect the natural environment with a "green network" of parks and open spaces. Network of connected streets and blocks. Buildings fronting streets and public spaces. Buildings positioned close together and up to the street or square. Parking lots located behind or to the side of buildings. Special public spaces of defined character. Special sites for civic buildings. 2) Promote and permit a variety of places to gather, shop, relax, recreate and enjoy the natural beauty of the Town Center. Sites for public spaces will be chosen because of their uniqueness or existing physical features. 3) . Promote and develop a network of public green spaces such as parks, squares, preserves, and open spaces that form the framework for the Town Center, and in doing so, promote and develop connectivity of natural features for habitat, continuity and sustainability, scenic vistas, and trail systems. Parks may include both passive and active parks. 5 Local Planning Agcncy November 24, 1999 Fall Amendment Cycle. I '.!<)<) Town Center Plan Amendmcnt LG-CP ;\-1-99 "..;,: . . . 4) Through the enactment of creative and flexible land development regulations, permit a variety of mixed-uses consistent, compatible, and in harmony with the Town Center Goal, including Single family residential, multiple family residential, commercial retail and services, public services and buildings, parks, and schools. 5) Unless mitigated in accordance with law and pursuant to a development permit issued by the City and other jurisdictional governmental agencies, wetlands, uplands, unique soils, and strands of existing trees will be preserved as preserve areas, parks, squares, and trails. To the.,extent feasible, these areas shall be connected to promote the natural drainage and ecological viability of the Town Center. OBJECTIVE Ct _, Establish an areawide stormwater master plan for the Town Center. Policies 1) The City shall coordinate the development of an areawide stormwater master plan for the Town Center by FY 2001-2002. 2) The City should designed and approve a stormwater master plan for the Town Center in order to free up land in the Town Center for private development. The Plan should respond to existing runoff concerns, shorten the approval process to save developers time and money, and improve water quality through a system-wide approach. Retention ponds shall be designed to enhance neighborhood edges and aesthetics and to provide buffering when appropriate. 3) Any stormwater master plan for the Town Center shall be consistent with and complementary to the goals, objectives and policies found in the Stormwater and Natural Groundwater Aquifer Recharge Sub-element of the Infrastructure Element of the City's Comprehensive Plan. B. CONSISTENCY/COMPATmlLITY WITH CITY, STATE, AND REGIONAL COMPREHENSIVE PLANS: 1. WITH THE CITY COMPREHENSIVE PLAN: * The creation of a Town Center is compatible with and consistent with the City's Comprehensive Plan. It implements Policy 3)c. under Objective A of Goal 1 of the Traffic Circulation Element which states in part: (( . . .creation in the undeveloped central area of Winter Springs of a primary civic, business and service focus for the City." G Local Planning Agency November 24. 1999 Fall Amcndmcnt Cycle. 1999 Town Ccntcr Plan Amcndmcnt LG-CP A-I-99 " e) . e) * The Town Center area is envisioned to be a mixed use development involving retail commercial, residential, and of1ice uses. The mixed use concept of these land uses is compatible with the county's Future Land Use Map "Commercial" and "Office" designation to the south in the county enclave and with the City's "Commercial" designation to the west along S.R. 434 * The comprehensive plan amendment is compatible with and not in conflict with the other elements of the City's Comprehensive Plan, specifically: Land Use Element: Objective A under Goal 3 Objective B of Goal 1 Objective A under Goal 2 Policy 1 of Objective B under Goal 3 Conservation Element: Policy 2 of Objective B under Goal 1 ~olicy 8 of Objective B under Goal 1 Recreation and Open Space Element: Policy 1 of Objective H under Goal 1 Policy 2 of Objective H under Goal 1 Objective J under Goal 1 Sanitary Sewer Sub-Element: Policy 2 of Objective C under Goal 1 Storm Drainage and Natural Groundwater Aquifer Recharge Sub-Element: Policy 1,3,4 of Objective B under Goall Policy 8 of Objective C under Goal 2 Intergovernmental Coordination Element: Policy 1 of Objective D under Goall Objective E under Goall Policy la, 1d of Objective F under Goal 1 7 Local Planning Agency November 24, 1999 Fall Amcndmcnt Cycle, I <J<J<J Town Center Plan Amcndmcnt LG-CPA-I-99 -; e) . . 2. WJTJ-J THE STATE C01V1PI(HIENSIVE PLAN: 163,3 177(] O)(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 9J-5.02 J (4) F.A.C. STATE COMPREHENSIVE PLAN (16) Land Use Goal (a), Policy 1 (18) Public Facilities Policy 4 (22) The Economy Policy 1, 3, 12 NOlE: 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. 3. WITH THE EAST CENTRAL FLORIDA COMPREHENSIVE REGIONAL POLICY PLAN: 186.507 F.S.; 27-E-4 F.AC. The comprehensive plan amendment is compatible 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: 9J-5.021(4) F.A.C. EAST CENTRAL FLORIDA COMPREHENSIVE REGIONAL POLICY PLAN: 8 Local Planning Agency Novcmbcr 24, 1999 Fall Amcndmcnt Cycle, 1999 Town Ccnter Plan Amendmcnt LG-CPA-t-99 e) . . Policy 57,1: I, '1, 5 Policy SR. I Policy 64.7: 4 Policies 65.4, 65.5 Policy 67.2 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 fu~hers such plans. 9J-5.021(1) F.A.C. 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.A.C. 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.A.C. IV. FINDINGS: * The goals, objectives, and policies of the Town Center comprehensive plan amendment are compatible with the other elements of the City's Comprehensive Plan * The goals, objectives, and policies of the Town Center comprehensive plan amendment are compatible with and furthers elements of the State Comprehensive Plan, in Chapter 187 F.S. * The goals, objectives, and policies of the Town Center comprehensive plan amendment are compatible with and furthers elements of the East Central Florida Comprehensive Regional Policy Plan. 9 Local Planning Agcncy Novcmbcr 2/1, 1999 Fall Amcndmcnt Cycle. 1999 Town Ccntcr Plan Amcndmcnt LG-CP A-I-99 " . . . v. SUGGESTED LPA RECOMMENDATION TO THE CITY COMMISSION: Staff recommends that 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-CP A-I-99) , establishing new goals, objectives, and policies for the proposed Town Center in the text of the Comprehensive Plan Land Use Element (Volume 2 of2). 10 Local Planning Agcncy Novcmbcr 24, 1999 Fall Amcndmcnt Cyclc. 1')<)<) Town Ccntcr Plan Amcndmcnt LG-CP A-I-99 . ATTACHMENT B . . . CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LX> A REGULAR MEETING NOVEMBER 3, 1999 I. CALL TO ORDER The Plaxming And Zoning Board/LPA Regular Meeting was called to order Wednesday, November 3, 1999, at 7:00 p.m. by Chairman Carl Stephens, Jr., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. ~oll Call Carl Stephens, Jr., Chairman, present Marc Clinch, Vice Chairman, present Tom Brown, absent Bill Fernandez, present Rosaime Karr, arrived at 7:08 p.m. , . Also Present Charles Carrington, AICP, Community Development Department, Director Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator Anthony A. Garganese, City Attorney Approval Of the October 6, 1999 Planning And Zoning BoardfLocal Planning Agency Meeting Minutes The Bo~d discussed changing the word "width" (page two, second paragraph) to "depths" so the paragraph would read as: "Discussion followed regarding the location of the property; the boundaries; the lot widths; 'and the lot depths of other neighboring properties. " MOTION BY BOARD MEMBER BILL FERNANDEZ. "I MOVE TO APPROVE THE MINUrES OF OCTOBER 6, 1999 REGULAR MEETING WITH THE CORRECTION DISCUSSED". SECONDED BY BOARD MEMBER MARC CLINCH. THE BOARD AGREED TO THE MOTION BY CONSENSUS. MOTION CARRIED. . II. REGULAR AGENDA . Mr. Thomas Grimms, AICP, Comprehensive PlanninglZoning Coordinator introduced the Board to the ncw City Attorney, Anthony A. Garganese. The Board welcomed ,. ~ ('ITV ()I: \VINTU< ~;I'I< lo'!l ,;: ,,,llt'JlIII:;; I'I.,\NNINC ANIl :t.ONINC IlO,\IlI)/I.I'" l{lo(;lJI."I( Ml,l,TINC n NOVI:,MIIU(.1, I')')') 1';IJ~C i Clr s e) Attorney Garganese to the meeting and requested that in the future the by-laws be reviewed with the City Attomey present. A. Discussion with Charles Carrington, AICP Community Development Director Mr. Charles Carrington, Community Development Department Director introduced himself to the Board and spoke of the importance of the Planning and Zoning Board; of the many "functions" of Planning and Zoning; the "strategy" of annexation; and a joint meeting of the City Commission and the Planning and Zoning Board in the future. Board Member Rosanne Karr arrived at 7:08 p.m. Discussion followed regarding annexations; the Board being informed of pending issues; and Staff keeping the Board informed of any annexations in the future. B. Tuscawilla PUD Parcel 7 and Parcel 8 L'arge Scale Comprehensive Plan Amendment . Mr. Grimms stated-that the applicant, Tuskawilla Investors, Inc. is applying for a change of Future Land Use Map designation from "Recreation" to "Lower Density Residential" (1.1 - 3.5 DU per acre). He read the findings from Agenda Item II. B., and the Development Review Committee (DRC) recommendation to the Local Planning Agency (LP A). The Board discussed the Development Review Committee's meeting of October 19, 1999; the Second Amendment to the Mikes Settlement Agreement; and that any changes regarding the Future Land Use Map should come before the Board for some kind of recommendation. Chairman Stephens asked if anyone would like to speak from the audience. John Howell, Holland & Knight Law Firm, Orlando, Florida: advised the Board that he represents the.-applicant. He then introduced Steve Loveland and Rob Holland, Marsh Land Development Company; and Joel Ivey, Ivey, Harrison and Wahl. Discussion ensued that James Mikes is not involved in this project; that the tennis courts and swimming pool will not be removed: the background of the parcels since 1971; and that the appl.icant will return with a proposal in the future. Discussion ensued regarding the property boundaries; the golf course; that there are no drawings or plans for the parcels at this time; the creek; that the entrance would be within the legal description; and traffic. . ~ (TI Y ()I' \V1I-rn,l( ~;I'\(ll'!(;\ , l'vlIJoJIHI',S l'I,,\f'!NINL .\NIl /,()NINC II()AIlIl/l.I'^ IU,(;lJl.,\I( MI'.1'.TIJoJ(; -, JoJOVI:MIJEI( J. I')')') I'o/:c J or H .' Joe DeMil/ico. 985 Troo/! Trace. Winler Springs. Florida: asked what impact this would cause to the gol r course; creek drainage; and diminishing the conservation area and the golfcourse, Dan Dyche. 846 Bentley Green Circle, Winter Springs, Florida: spoke of his concern that the green area in the community "can just be given away"; and asked if there is ~,specific plan for the parcels. Mr. Dyche also spoke about the driving range and St. Johns River Water Management District. Jim Pitts, 904 Augusta National Boulevard, Winter Springs, Florida: asked if this a "done deal". Terry Scarlata, 1006 Nancy Circle, Winter Springs, Florida: spoke of her concern with downstream flooding; that the elevation map was done numerous years ago; asked if a high water mark was ever determined; and inquired about the flood zone plan. Tape I/Sidc B Iris Mennens, 4551 Creekside Circle, Winter Springs, Florida: asked that the developer keep the trees and the beauty of the land. . Mr. Grimms spoke of the Arbor Ordinance; the commitment of the City to protect the trees; that the developer must conform to the City's regulations; the court agreement; many surrounding developments were athigher density than Parcel 7 and Parcel 8; and that the citizens should "have confidence" in the City Regulations. Rolf Utegaa rd, 797 Austin Court, Winter Springs, Florida: spoke of being on the Tuscawill.a Task Force; Settlement Agreements; and of "past promises." Al Partington, 1456 MI. Laurel Drive, Winter Springs, Florida: spoke of being a member of the Tuscawilla Task Force; the possibility of losing the lighting of the tennis courts; and the golf practice facility. John Howell explained that the applicant will not eliminate any of the amenities that presently exist; the parcels combined will have a total of sixty-five (65) single family units; that many upgrades have already been completed; and that community meetings will be held. Mr. Grimms explained that the applicant is requesting a change of Future Land Use Map designation fTom "Recreation" to "Lower Density Residential" (1.1 - 3.5 DU per acre). . In light of the comments made before the Board, discussion ensued between the Board Zlndthc City Allorney regarding the validity and enforceability of the Second Amendment ,. .') . . ,. ('11'1' (1I' \'.'If'! 11 I( :;I'IUN(;~ kl1NtHI.S I'I,'\I"\'NIN<: ,\1"\'1) i',()I"\'INL IIOAJ(J)/I.I',\ IU,(;IJI,\I( I'vll,I,'J'INC ~:()VI:,Iv1III:/( J. I')')') P:ll',C '1 o( X to the Selllemenl Agreemenl and the courl 's jurisdiction to enforce any provision of the selllement agreement. MOTION BY BOARD MEMBER FERNANDEZ. "MR. CHAIR, I WILL RECOMMEND THAT-LET ME FIND WHAT THEIR FINDINGS AND RECOMMENDATIONS WERE-AND RATHER THAN GO THROUGH THE ENTIRE SET OF ROMAN NUMERAL FOUR FINDINGS, SUFFICE IT '1'0 SAY, ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN SPECIFIC BULLET POINT FINDINGS AS WELL AS THE ONE THAT YOU INDICATED MR. CHAIR TO WIT THAT THE DEVELOPMENT CONFORM TO THE EXISTING DEVELOPMENT AGREEMENT THAT ANY DEVELOPMENT MEETS ALL THE _~'yRRENT REGULATIONS OF THE CITY, I WOULD RECOMMEND THAT THE CITY COMMISSION TRANSMIT TO THE DEPARTMENT OF COMMUNITY AFFAIRS, THAT THE CERTAIN LARGE SCALE COMPREHENSIVE PLAN AMENDMENT LG-CPA-3-99 DEALING WITH THE TUSCAWILLA PARCEL SEVEN AND EIGHT". BOARD MEMBER FERNANDEZ CONTINUED, "THEN I WILL ADD TO THE MOTION THAT THE CITY COMMISSION THEN SCHEDULE AN APPROPRIATE- SECOND PUBLIC HEARING TO ADOPT THE PLANNED AMENDMENT AFfER RECEIVING THE ORC REPORT (OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT) FROM THE DEPARTMENT OF COMMUNITY AFFAIRS". Chairman Stephens passed the gavel to Vice Chairman Marc Clinch. SECONDED BY BOARD MEMBER CARL STEPHENS. DISCUSSION. VOTE: MARK. CLINCH: NAY; BILL FERNANDEZ:, AYE; ROSANNE KARR: NAY; CARL STEPHENS: NAY. MOTION DID NOT CARRY. Discussion followed regarding the procedures of the Planning and Zoning Board recommendations being forwarded to the City Commission; public attendance at the December 13, 1999 City Commission Regular Meeting; and other motion(s). Vice Chairman Clinch passed the gavel to Chairman Stephens. MOTION BY VICE CHAIRMAN CLINCH. "I MAKE A MOTION TO NOT RECOMMEND THAT THE CITY COMMISSION FORWARD THIS PLAN TO DCA (DEPARTMENT OF COMMUNITY AFFAIRS)." BOARD MEMBER CLINCH CONTINUED, "AND ALSO NOT TO ADOPT THIS PLAN". BOARD MEMBER ROSEANNE KARl<. SECONDED. DISCUSSION. 4 .~ .': . -- ~ (I 1 \' 1)1 \'.'I;-J 11:1( :;1'1<1 ~:l ;:; MINI!II:\ 1.',,\i'\i'':li'''!(; I\i'\')) 'J.()j\'IN(; 1l()t\I{I>JI.I'J\ 1(1:(;1)1,,\1( MI'l:TIN(;.. N()VI:MII!:H), I')')') I':let: ~ Ill" H VOTE: BILL FERNANDEZ: NA Y; r~OSANNE KARR: AYE; STEPHENS: AYE; MARJ( CLINCH: AYE. MOTION CARRIED. CARL C. Elizabeth Morse Foundation Rezoning I REZ--4-99 I Large Scale Comprehensive Plan Amendment Mr. Grimms stated that the applicant is requesting a change of Future Land Use Map designation from County R-IO "Agriculture" (1 DU per 10 acres maximum) to the City's "Lower Density Residential" (1.1-3.5 DU per acre); the purpose; the findings; and the DRC's (Development Review Committee) recommendation. , The Bo.?:!:d discussed the background of the present request of the applicant; the site location and boundaries; neighboring developments; and the drainage. Randy Kirkwood, Harling Locklin Associates; spoke of his company being the Planner and Engineer for the project; the drainage culvert; the land recently being surveyed; and the site comp~tibility. . The discussion continued regarding a possible request for R-l A zoning; the price of the homes; and if the Board's recommendation would be submitted with the Board's prior recommendation. Janine Ball, 1914 Springs Avenue, Winter Springs. Florida: spoke of her concern of the lot widths in regards to the size of the home. MOTION BY BOARD MEMBER FERNANDEZ. "BASED ON THE FINDINGS UNDER ROMAN NUMERAL FOUR, THE ONE, TWO, THREE, FOUR BULLETS THAT ARE CONTAINED THEREIN, I WILL MAKE A MOTION TO THE CITY COMMISSION THAT THEY HOLD A FIRST TRANSMITTAL PUBLIC HEARING AND TRANSMIT TO THE DEPARTMENT OF COMMUNITY AFFAIRS, THE PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENT, LG-CP A-2-99 TO CHANGE FROM COUNTY FUTURE LAND USE MAP (FLUM) DESIGNATION R-IO "AGRICULTURE" (1 DU PER 10 ACRES MAXIMUM) TO THE CITY'S FUTURE LAND USE MAP DESIGNATION OF "LOWER DENSITY RESIDENTIAL" (1.1-3.5 DU PER ACRE) FOR THE ELIZABETH MORSE FOUNDATION PROPERTY ON THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN LAND USE ELEMENT VOLUME TWO OF TWO, AND FURTHER TO HOLD A SECOND PUBLIC HEARlNG AFTER RECEIVING THE ORC (OBJECTIONS, RECOMMENDATIONS AND COMMENTS) REPORT FROM THE DEPARTMENT OF COMMUNITY AFFAIRS TO ADOPT THE PLAN AMENDMENT." ,r t <"'. ('II Y ()I. \t.'lr,J'[ ,:.\{ SI'!{ I t-.!( ;~.; MINlrrl:S "I.ANNINC J\NI) l.ONINC I\OAIlIJ/J.I'^ I(I:(;III.J\I{ MIYTIN(; . N(}VUvllll'.Il), Il)')') ":lt~C () of H .') MOTION BY CHAIHMAN STEPHENS. "CAN I AMEND THAT TO ALSO INCLUDE IN THAT MOTION OUR RECOMMENDATION FROM THE OCTOBER 6TIl MEETING TO ACCOMPANY THAT MOTION." MOTION BY BOARD MEMBER FERNANDEZ. "SO MOVED." BOARD MEMBER ROSANNE KARR SECONDED. DISCUSSION. YOTK: BILL FERNANDEZ: A YE; ROSANNE KARR: AYE; CARL STEPHENS: AYE; MARK CLINCH: AYE. MOTION CARRIED. D. Town Center Large Scale Comprehensive Plan Amendment Mr. Grimms stated that the "City intends to carry out the mandated Policy 3)c under Objective A of Goal 1 of the Traffic Circulation Element"; spoke of the findings; and the suggested DRC recommendation to the LP A. Discussion ensued regarding the property boundaries; the pending agreement with the Schrimsher property; the Cross Seminole Trail; the traffic from the high school; the Future Land Use M;ap Amendment; the goals, and policies and objectives of the Town Center. . Tape 21Sidc A MOTION BY.BOARD MEMBER CLINCH. "I'D LIKE TO MAKE A MOTION THAT THIS BODY RECOMMEND TO THE CITY COMMISSION TO APPROVE THE PROPOSED CHANGE ZONE FUTURE LAND USE MAP DESIGNATION FROM "MIXED USE", "COMMERCIAL", "RUSTIC RESIDENTIAL", "CONSERVATION", "RECREATIONAL", AND "PUBLIC BUILDINGS" TO TOWN CENTER DISTRICT." BOARD MEMBER KARR SECONDED. BOARD MEMBER CLINCH AMENDED THIS MOTION BY ADDING, "AMEND MY MOTION TO INCLUDE ALSO A RECOMMENDATION TO HOLD A SECOND PUBLIC HEARING, AFTER RECEIYING AND REVIEWING THE ORC (OBJECTIONS RECOMMENDATIONS AND COMMENTS) REPORT, TO ADOPT THE PLAN, LG-CPA-1-99." BOARD MEMBER J(ARR SECONDED THE AMENDMENT. DISCUSSION. YOTE: ROSANNE KARR: AYE; CARL STEPHENS: AYE; MARl< CLINCH: AYE; BILL FERNANDEZ: AYE. MOTION CARRIED. . . ,(;, .. ~ . .'1 . ei'i'\' 01: WIr'r! I'I( \1'1(1;'1(;:; I'vllt-il J'l1:,<; I'I.ANNINC ANI) /.ONINC 1I(),\I(1)II.I'A IU,(;!JI.Alt MEETIN(; - NOVI'.MIlUt .\, I')')') 1'''1:<: ., <lr X E. La mOll rCII x I' rope I.t)' Small Scalc Comprchcnsive Plan Amcndmcnt Mr. Grimms read for the record a letter addressed to Chairman Stephens from the City of Oviedo (Attachment "A"). Mr. Grimms spoke to the Board on various issues regarding the letter. The Board discussed the Battleridge Agreement; the applicant's request; what land use designations are surrounding the Lamoureux property; that site plans and detailed engineering drawings will be provided in the development review; neighboring commercial properties; "C-l" categories; Winter Springs Executive Park; and the possibili-tyof a developer's agreement. MOTION BY BOARD MEMBER FERNANDEZ. "BASED ON THE INFORMATION PROVIDED AND THE FINDINGS AS INUMERATED UNDER ROMAN NUMERAL THREE, THE SEVEN DIFFERENT FINDINGS THERE, I'LL RECOMMEND THAT THE CITY COMMISSION APPROVE A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT CHANGING (FLUM) THE FUTURE LAND USE MAP DESIGNATION OF THE 2.5 ACRE LAMOUREUX PROPERTY FROM COUNTY SUBURBAN ESTATES (1 DU PER ACRE) TO COMMERCIAL BASED ON THAT THE OWNER AGREE TO ENTER INTO A DEVELOPERS AGREEMENT WITH THE CITY OF WINTER SPRINGS TO DEVELOP THIS PROPERTY AND COMPLY WITH ALL OF THE REQUIREMENTS OF THE 434 CORRIDOR PLAN". AMENDMENT TO THE MOTION BY BOARD MEMBER CLINCH. "I'D LIKE TO AMEND THAT MOTION, AND TO BE CONSISTENT WITH THE BATTLERIDGE AGREEMENT, DATED JANUARY 26, 1999." DISCUSSION. BOARD MEMBER FERNANDEZ ASKED BOARD MEMBER CLINCH, "ARE YOU TRYING TO LIMIT IT, MARK, TO WHAT'S MENTIONED IN THIS- WHAT IS HE, MAYOR-CHAIRMAN, A AND B POINTS DEALING WITH THE SIZING OF THE TRUNK LINES SUFFICIENT ONLY TO PROVIDE WATER AND SEWER TO THE BATTLEIUDGE PROPERTY AND NO OTHER SURROUNDING PROPERTIES"? BOARD MEMBER CLINCH RESPONDED, "YES, THAT'S WHAT I'M TRYING TO ACHIEVE THERE". SECONDED BY BOARD MEMBER CLINCH. VOTE (ON THE MOTION): CARL STEPHENS: AYE; MARJ( CLINCH: AYE; BILL FERNANDEZ: AYE. (BOARD MEMBER KARR DID NOT VOTE). MOTION CARRIED. '" 'tJ -." .) . . <:II Y OJ, WIN'i'J:!t SI'\UNCS MINIHI:,S l'I.M,i'o'li'o'C ,\NIl I'.ONINC 1I0,\IU)/I.I'^ I(U;IJI,,\I( MIYTING -- NOVEMIlEl( J. 1')<)') l"l;c X or X III. FUTURE AGENDA ITEMS By-Laws Discussion followed regarding passing the gavel; voting conflicts; and financial gains or losses. IV. ADJOURNMENT By consensus of the Board, the meeting was adjourned at 1 0:05 p.m. Minutes respectfully submitted by: Debbie Gillespie, City Clerk's Office City of Winter Springs, Florida APPROVED: CARL STEPHENS, JR., CHAIRMAN PLANN1NG and ZONING BOARDILP A NOTE: Th~s~ minut~s w~r~ approv~d at the .1999 Planning And Zoning Board/LPA M~~ling. , DOCSlboards/pl.nningl.ll/minU1Cs/ll0J99.doc ATT ACHMENT C '"~ . ~ . ~ ~ . NOTICE OF TEXT CHANGE TO THE COMPREHENSIVE PLAN LOCATION OF PUBLIC SCHOOL FACILITIES ~ J " H. ~, ' .. NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF ~ WINTER SPRINGS WILL HOLD A PUBLIC HEARING FOR SECOND READING OF ~. 1 ORDIN~NCE 2000-09 ON A PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENT TO ADD TEXT TO THE LAND USE ELEMENT AND CHANGE THE 2010 FUTURE LAND USE MAP AS IT RELATES TO THE LOCATION OF PUBLIC SCHOOL FACILITIES. . ."( CITY 'OF WINTER SPRINGS FUTURE LAND USE MAP . 2010 J. , - . :.: - - , A. PUBLIC HEAR..ING; ON THE PROpOSED. L~G~. SCALE COMPREHENSIVE . PLAN AMENDMENT WILL BE HELD ON MONDAY, APRIL .24, 2000 AT 6:30 P.M. ~ . ....:, '. ..., "'~"'.' .." '. '," .' " .' . . It THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMISSION CHAM- ~ I ~ BERS IN CITY HALL AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORI- ~ DA. INTERESTED PERSONS MAY ATTEND AND BE HEARD. . [l: ~ ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY BE OBTAINED :; 'i FROM THOMAS GRIMMS, AICP AT THE COMMUNITY DEVELOPMENT DEPART- f~ MENT - PLANNING ,DIVISION, AT CITY HALL, 1126 EAST STATE ROAD 434, r: WINTER SPRINGS, FLORIDA. FOR MORE INFORMATION CALL 327-1800 #303. ;: ,.~. . I:, PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY " OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS ,.. DEPARTMENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT . {: (407) 327-1800 #236. THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR :~. RECOMMENDATION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, YOU WILL NEED A RECORD OF THE PROCEEDINGS, AND, FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE ! . THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE UPON WHICH . THE APPEAL IS TO BE BASED. ~ ~ ..., 8 en I '. ;. ANDREA LORENZO-LUACES CITY CLERK , 'i-:/~ :\. " ..~.. ,.