HomeMy WebLinkAbout2000 05 08 Public Hearings D Third Reading - Ordinance 758 Land Conservation and Resource Protection
COMMISSION AGENDA
ITEM D
Consent
Informational
Public Hearing X
Regular
May 8, 2000
Meeting
Mgr, /
Authorizat"
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a public hearing for third reading and adoption of Ordinance 758 adopting the large scale
comprehensive plan amendments LG-CPA-2-98, LG-CPA-3-98, LG-CPA-4-98, dealing with land
conservation and resource protection in the Town Center,
NOTE:
These plan amendments came before the Commission for second reading and were adopted on
January 10, 1999, The plan amendments are being brought back to the Commission because the
Department of Community Affairs insists that the Public Schools Facilities Location plan
amendment (LG-CPA-4-99) be adopted by date before any other plan amendments are adopted,
The Public Schools Facilities plan amendment was adopted April 24, 2000,
STAFF RECOMMENDATION:
Staff makes the recommendation that the City Commission hold a third public hearing and adopt
the three (3) large scale comprehensive plan amendments: LG-CPA-2-98, LG-CPA-3-98,
LG-CP A-4-98,
IMPLEMENTATION SCHEDULE:
The ordinance would take effect upon notification by DCA in its "Notice of Intent" to find the
comprehensive plan amendment consistent with the State Comprehensive Plan, Regional Policy
Plan, and the City's Comprehensive Plan, approximately June 14,2000,
CDD/Apri128, 2000/1:39 PM
MAY 8, 2000
PUBLIC HEARING AGENDA ITEM D
Page 2
ATTACHMENTS:
A. Ordinance 758
B. City Commission Agenda Item B Public Hearing for January 10, 1999.
C. Advertised Notice
COMMISSION ACTION:
CDD/ApriI27, 2000/3:41 PM
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ATTACHMENT A
J
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ORDfNANCE NO, 758
AN ORDJ[NANCE OF THE CITY OF WINTER S'PRINGS, SEMINOLE
COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING;
SETTING FORTH AND ADOPTING THREE (3) LARGE SCALE
COMPREHENSIVE PLAN TEXT AMENDMENTS REFERENCED AS LG-
CPA-2-98, LG-CPA-3-98, AND LG-CPA~4-98 WHICH SHALL AMEND THE
COMPREHENSrVE PLAN BY ADDING THREE POLICY ST A TIME~TS
RELA IT'lG TO LA1"1l> CONSERVA'nON Al"IfD RESOURCE PROTECTION;
PROVIDING FOR THE REPEAL OF PRlOR L~CONSJSTENT
ORDINAN'CES AND RESOLVTIONS; PROVIDING FOR SEVERABfLITYj
PROVIDING FOR IN CORPORA TION INTO THE COMPREHENSIVE
PL-\l"fj AND PROVIDING AN EFFECTIVE DATE AND LEGAL STATU'S OF
THE PLAN AMENDMENTS.
WHEREAS, section 163.3161 et. seq" Florida Statutes (1987) established the Local
Government Comprehensive Planning and Land Development Regul<"tion Act; and
WHEREAS, se~tion 163.3167, Florida Statutes, requires e~ch municipality in the State of
Fkrida to prepare ,and ~dopt a Comprehensive Plan as scheduled by the Florida Department of
Conuuunity Affairs; and
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/
'VHEREAS, section 163.3167(11), Florida Statutes, encourages local governments to
art;.culate a vision of the future physical appearances and qualities of its community; and
WHEREAS, pursuant to, and in furtherance of, section 163,3167(11), Florida Statutes, the
Cil)' Commission of the City of Winter Springs, tlu-ough a collaborative planning process with
mecningfill public participation, desires to adopt three new comprehensive plan policies (LG~CP A-2-
98:, LG-CPA-3-98; and LG-CPA-4-98) which are intended to: (1) preserve vegetative and wildlife
habitat of species designated as endangered, threatened or of special concern and significant cultural
and archaeologic81 resources; (2) provide coordination through the resource protections plans of
local, state and federal jurisdictions in the development of the Town Center; and (3) provide
participation in the development and management practices of any SvVJM Plan or similar type
government agency plans; and
WHEREAS, the Local Planning Agency of the City of Wimer Springs held a duly noticed
public hearing, in acco:dance with the procedures in chapter 163, part II, Florida Statutes, on the
proposed Comprehensive Plan amendments and considered findings and advice of staff, citizens, and
all interested parties submitting written and oral comments and has recommended adoption to the
City Conunission: and
)
WHEREAS, on November 9, 1998, the City Comml$sion of the City of Winter Springs held
a duly noticed public hearing on the proposed Comprehensive Plan amendment and considered
findings and advice of stafl: citizens, and all inte~estcd paI1ies submitting written and oral comments,
and alter complet~: deliberation, approved the (',\11tndment for transmittaJ to the Florida Department
of Communit)' Aifairs; and
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WHEREAS, on April 30, 1999, the Florida Department of Comrnunity Affairs issued its
Objections, Recommendations, and Comments Report to the City and found the subject large scale
Comprehensive Phn amendments consistent with Rule 9J-5, Florida Administrative Code, and
Ch,:pte:.- 163, Part U~ Florida Statutes and also raised no objections to the proposed Comprehensive
Plan amendments; and
WHEREAS, pursuant to section 9J-11,006, Florida Administrative Code, this
Compr~hensive Plan amendment will not cause the City to exceed its twice yearly submittal allowance
for comprehensive plan amendments; and
WHEREAS, on January 10,2000, the City Commission of the City of Winter Springs held
a duly noticed public a.doption hearing on the proposed amendments set forth hereunder and
considered findings and advice of staa citizens, and all interested parties submitting written and oral
comments and supportir.g data and analysis, as well as the Objections, Recommendations, and
Comments of the Florida Department of Community Affairs, and after complete deliberation,
approved (with modifications to the original proposed amendment based 011 DCA's ORC Report) and
adopted the proposed amendments hereunder; and
)
WHEREAS, the Comprehensive Plan amendments adopted by this Ordinance comply with
the requirements of the Local Govel1UTIent Comprehensive Planning and Land Development
Regulation Act and the amendments are in the b,est interests of the public health, safety, and welfare
ofl:he citizens of Winter Springs, Florida.
NOW, TffEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
\Vl!NTER SP.RJl'\GS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
~:ti()n 1. Recitals,
herein by this reference.
The foregoing re,:itaJs are true and correct and are fully incorporated
Se'ction 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,
~ctiQ!LJ. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clari.fy, expand, correct, update, modi.f)1 and otherW1se further the provisions of the City
of Winter Springs' Comprehensive Plan,
~cti9'n 4, Adloption of Text Amendment to Comprehensive Plan, The City of Winter
Springs' Comprehensive Plan is hereby amended as follows:
A) LG-CPA-2-98 (Conservation Element). A new Policy 3 is hereby added under
Objective C of the Conservation Element as fc'Uows:
CiTY of Winter Springs
Ordinance No, '758 (J;ll1uary i (), ]()(Jr))
Pa!:e 2 of )
1 -0~;- 2f:()O :: 2J611
=~:Ot 1 6.1 1",::: !, THEP I 6.:::2 1 5':::~;SG'~'C;
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Policy 3)
There shall be no destruction of vegetative communities, wildlife and wildlife habitat
ofrhose species designated as endangered, threatened or of special concern, The City
itself shall be subject to this same policy statement. There shall be no destruction of
such conununities and habitats on City o\vned propelty. Due to the higher density of
development envisioned for the new Tovvn Center, the City shall create a Town
Center Resources Protection District that ,vill extend to all areas of the Town Center
In 2000, the City shall deveiop specific la;ld development regulations that will ensure
resource protection within the Town Ce~1ter.
Conforming Amendments: Existing Policy 3 shall be redesignated as Policy 4 and the
existing policies following existing Policy 3 shall be redesignated as Policy 5, 6, 7, and 8 respectively,
B) LG-CPA-J-98 (Land Use Element), A new Policy 1 is hereby added under Objective
C, Goall of the Land Use Element as follows:
Policy 1)
Historically significant culturai and archaeological sit.es shall be protected from
development or redevelopment adtvities as detailed in the City Land Development
Reb'Ulations. In 2000, the City shall prepare and maintain an inventory of historically
significant sites within its corvorate boundaries, The City shall assure that there shall
be no loss of historic resources on city-ov:ned property In 2000, the City shall
develop mQre re~rictive language in the Land Development Regulations ensuring the
protection of historically significant cultural and archaeological sites from
development or redevelopment.
Conforming Amendments: Existing Policies 1 and 2 shall be redesignated as Policy 2 and
3 respectively.
C) LG-CP A-4-98 (Intergovemmental Coordination Element). A new Policy 4 is hereby
added under Objective C of the Intergovernmental Coordination Element as follows:
In 2000, the City shall develop language;]1 the City's Land Development Regulations
ensuring the development of the City's neV,1 Town Center shall be coordinated with
all resource protection plans of local, ~:tate and federal jurisdictions that may exist.
The City shall coordinate with the resource protection efforts of SJR \\l1vID for Lake
Jessup and th<;: City shal! involve itselfin the process for development of the SVfD\tI
Plan or a similar plan.
City of Winter Springs
Ordinance :--io, ~')8 (,hnllary :0, 21)00)
Pas:;:; 3 of 5
I -l),::;- 2C(1[l ; 2':;61 I
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p, 7
Conforming Amendments: None
mtion~ Transmittal to the Department of Community Affairs The City Manager or his
desi.gnee is hereby designated to sign a lerter transmitting these adopted Comprehensive Plan
Amendments to the Florida Department of Community Affairs, in accordance with section
163 3187( 1)( c)( 4), Florida Statutes, and section 9) -II, Florida A.dministrative Code,
~!iQ!1 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ord1!1ances and resolutions adopted by the City Commission, or parts of ordinances and resolutions
in conflict herewith, are :tereby repealed to the extent of the conflict
~,1iIDL1 Severability. Ifany section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jwisdiction, whether fOf substantive, procedural" or any other reason, such portion shall be deemed
a sepa:~ate, distinct and independent provlsion, and such holding shall not affect the validity of the
remaining portions of this ordinance,
~~. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendrnents adopted by th,s ordinance, said ,-\.mendments shall be incorporated
into the City of Winter Springs Comprehensive Plan a!1d any section or paragraph number or letter
and any heading may be changed Of modified as necessary to effectuate the foregoing.
)
~;1iQ!l2 Efl~tive Date and Legal Statllls of tile Plan A.mendments. The effective date of
tht: Amendments adopted by this Ordinance shall be a date a final order is issued by the Florida
Department of Community Affairs, or the Administration Conunission finding the Amendments in
compliance with section 163.3184, Florida Statutes. No development orders, development pennits,
or land use dependent on these Amendments may be issued or commence before it has become
effective, If a fi~al order of noncompliance is issued by the Administration Conunission, the
Amendments may nevertheless be made effective by adoption of a resolution affimung 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 S:~rings Comprehensive Plan and become a part of that
p1cm and the Amendments shall have the legal status of the City of Winter Springs Comprehensive
Pian, 3S amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 10th day of January, 2000
Paul P. Part)'k.'l, Mayor
)
City of \Vinle,r Spnr\?,s
Ordin3nce 0:0,758 (J3nll:Irv !O. 20n(J)
Pd~e 4 or 5
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ATTEST:
Andrea Lorellzo-Luacetl, City Clerk
AS TO LEGAL FORM AND
SUFFICIENCY:
Anthony A. Garganese, City Attorney
Transmittal Hearing: _ NO'\'ember 9 \ 99~
Adoption Hearing: January 10. :WOO
)
Cit:' of Winter Srrings
Ordinance No. ,'58 (j3nu~ir) 10.20(0)
PaEe 5 of 5
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COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing X
Regular
January 10,2000
Meeting
Mgr. /
Authorizati
t.
REQUEST:
)
The Community Development Department - Planning Division requests the City Commission
hold a second reading of Ordinance 758 to consider adopting three (3) large scale comprehensive
plan amendments, LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98, dealing with land conservation
and resource protection.
PURPOSE:
The plan amendment is intended to ensure: (1) the preservation of the City's vegetative and
wildlife habitat of species designated as endangered, threatened or of special concern, significant
cultural and archaeological resources; (2) coordinate with the resource protection plans of local,
state and federal jurisdiction in the development of the Town Center; and (3) participate in the
development and management practices of any SWIM Plan or similar type plan by agencies,
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163,3184(7) F,S. which states in part: The adoption of the proposed plan or
plan amendment or the determination not to adopt a plan amendment, other than a plan
amendment proposed pursuant to 163.3191 F.S. shall be made in the course ofa public hearing
pursuant to subsection (15), The local government shall transmit of the adopted comprehensive
plan or adopted plan amendment to the state land planning agency as specified in the agency's
procedural rules within 10 working days after adoption. The local governing body shall also
transmit a copy of the adopted comprehensive plan or plan amendment to the regional planning
)
CDDlDeccmbcr 29. 1999/4:20 PM
') JANUARY 10,2000
PUBLIC HEARING AGENDA ITEM B
Page 2
agency and to any other unit of local government or governmental agency in the state that has
filed a written request with the governing body for a copy of the plan or plan amendment.
The provisions of 163,3 1 84(l5)(b) F,S, which state: "The local governing body shall hold at least
one advertised public hearing on the proposed comprehensive plan or plan amendment as
follows:
1. The first public hearing shall be held at the transmittal stage pursuant to
subsection (3), It shall be held on a weekday at least 7 days after the day that the
advertisement is published.
2.
The second public hearing shall be held at the adoption stage pursuant to
subsection (7), It shall be held on a weekday at least 5 days after the day that the
second advertisement is published."
)
CONSIDERA TIONS:
. The City staff applied to the Florida Communities Trust Preservation 2000 Program
(P-2000) in 1998 for grant monies to acquire open space in the Town Center, The City
did not receive the funding due to scoring of responses in the application that did not
meet the threshold level of points,
. The staff would like to reapply in 2000 for these funds, To improve the chances that our
application will receive acceptance this time around, new policies are proposed that
address the P-2000 Program staffs concerns and suggestions.
)
The Florida Department of Community Affairs reviewed the large scale comprehensive
plan amendments LG-CP A-2-98, LG-CP A-3-98, and LG-CP A-4-98 and raised no
objection to the proposed amendment in their ORC Report issued April 30, 1999, DCA
recommended that the three policy statements can be strengthened by including in the
policy (in LG-CPA-3-98 and LG-CPA-4-98), more direction for the language to be
written into the LDRs to ensure protection of significant cultural and archaeological sites
from development or redevelopment, and ensure resource protection within the Town
Center.
CDDIl)...ccmber 29, 1999/4:20 PM
.
JANUARY 10,2000
PUBLIC HEARING AGENDA ITEM B
') Page 3
. Staff finds that the last sentence of the proposed policy in LG-CPA-3-98 does in fact have
language that indicates "the City shall develop more restrictive language in the land
development regulations ensuring the protection of historically significant cultural and
archaeological sites from development or redevelopment.
. Staff agrees with DCA concerning its desire on more direction for the language to be written
into the LDRs to coordinate with the resource protection efforts of SJR WMD for Lake
Jessup, and that the City shall involve itself in the process for development of the SWIM
Plan (or similar plan) and expend efforts to further purposes and management practices of
such a plan.
. Due to Joshi & Associates proposed expansion of the Town Center, these plan amendments
and others were put on hold,
)
. The City administration now desires to move forward and request adoption of the three (3)
plan amendments in anticipation of reapplying for the P-2000 Program grant monies to be
used toward acquisition of open space in the proposed Town Center.
FISCAL IMPACT:
None
FINDINGS:
· The Florida Department of Community Affairs (DCA) reviewed the large scale
comprehensive plan amendments LG-CP A-2-98, LG-CP A-3-98, and LG-CP A-4-98 and
raised no objection to the proposed amendment in their ORC Report issued April 30, 1999.
· DCA did recommend that the three (3) policy statements can be strengthened by including
in the policy (in LG-CPA-3-98 and in LG-CPA-4-98), more direction for the language to be
written into the LDRs to ensure protection of significant cultural and archaeological sites
from development or redevelopment, and ensure resource protection within the Town
Center.
· Staff finds that the last sentence ofthe proposed policy in LG-CP A-3-98 does in fact have
language that indicates "the City shall develop more restrictive language in the land
)
CDDlDccembcr 29, 1999/4:20 PM
JANUARY 10,2000
PUBLIC HEARING AGENDA ITEM B
) Page 4
development regulations ensuring the protection of historically significant cultural and
archaeological sites from development or redevelopment.
. The staff would like to reapply in 2000 for these funds, To improve the chances that our
application will receive acceptance this time around, new policies are proposed that address
the P-2000 Program staff's concerns and suggestions.
STAFF RECOMMENDATION TO THE CITY COMMISSION:
Staff recommends that the City Commission adopt the three (3) large scale comprehensive plan
amendments: LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98, with the following changes:
LG-CP A-2-98
Replace the year "1999" with "2000",
,)
LG-CP A-3-98
Replace the year "1999" with "2000",
LG-CPA-4-98
[ "underlining" = the added language ]
In 2000, the City shall develop language in the land development regulations ensuring the
development ofthe City's new Town Center shall be coordinated with all resource
protection plans of local, state and federal jurisdictions that may exist. The City shall
coordinate with the resource protection efforts of SJR WMD for Lake Jessup and the City
shall involve itself in the process for development of the SWIM Plan or similar plan,
IMPLEMENTA TION SCHEDULE:
The City Commission will hold a second (adoption) public hearing on January 10, 2000. The
ordinance would take effect immediately upon adoption by the City Commission
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CDD/DCC(:mlx:r 29, 1999/4:20 PM
JANUARY 10,2000
PUBLIC HEARING AGENDA ITEM B
'\ Page 5
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A TT ACHMENTS:
A. Ordinance 758
B. City Commission Agenda Item C of the November 9, 1999 meeting,
C. Staff Report to the Local Planning Agency on LG-CPA-2-98, LG-CPA-3-98,
LG-CP A-4-98,
D, ORC Report from DCA dated April 30, 1999.
E. Advertisement
COMMISSION ACTION:
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CDD!Dccembcr 29,1999/4:20 I'M
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ATTACHMENT A
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ORDINANCE NO. 758
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE
COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING;
SETTING FORTH AND ADOPTING THREE (3) LARGE SCALE
COMPREHENSIVE PLAN TEXT AMENDMENTS REFERENCED AS LG-
CP A-2-98, LG-CP A-3-98, AND LG-CP A-4-98 WHICH S..,-ALL AMEND THE
COMPREHENSIVE PLAN BY ADDING THREE POLICY STATEMENTS
RELATING TO LAND CONSERVATION AND RESOURCE PROTECTION;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE
PLAN; AND PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF
THE PLAN AMENDMENTS.
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, section 163.3167(11), Florida Statutes, encourages local governments to
articulate a vision of the future physical appearances and qualities of its community; and
WHEREAS, pursuant to, and in furtherance of, section 163.3167(11), Florida Statutes, the
City Commission of the City of Winter Springs, through a collaborative planning process with
meaningful public participation, desires to adopt three new comprehensive plan policies (LG-CP A-2-
98; LG-CPA-3-98; and LG-CPA-4-98) which are intended to: (1) preserve vegetative and wildlife
habitat of species designated as endangered, threatened or of special concern and significant cultural
and archaeological resources; (2) provide coordination through the resource protections plans of
local, state and federal jurisdictions in the development of the Town Center; and (3) provide
participation in the development and management practices of any SWIM Plan or similar type
government agency plans; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures in chapter 163, part II, Florida Statutes, on the
proposed Comprehensive Plan amendments and considered findings and advice of staff, citizens, and
all interested parties submitting written and oral comments and has recommended adoption to the
City Commission; and
WHEREAS, on November 9, 1998, the City Commission of the City of Winter Springs held
a duly noticed public hearing on the proposed Comprehensive Plan amendment and considered
findings and advice of st:aft: citizens, and all interested parties submitting written and oral comments,
and after complete deliberation, approved the amendment for transmittal to the Florida Department
of Community Affairs; and
WHEREAS, on April 30, 1999, the Florida Department of Community Affairs issued its
Objections, Recommendations, and Comments Report to the City and found the subject large scale
Comprehensive Plan amendments consistent with Rule 91-5, Florida Administrative Code, and
Chapter 163, Part II, Florida Statutes and also raised no objections to the proposed Comprehensive
Plan amendments; and
WHEREAS, pursuant to section 91-11.006, Florida Administrative Code, this
Comprehensive Plan amendment will not cause the City to exceed its twice yearly submittal allowance
for comprehensive plan amendments; and
WHEREAS, on May 8, 2000, the City Commission of the City of Winter Springs held a duly
noticed public adoption hearing on the proposed amendments set forth hereunder and considered
findings and advice of staJI: citizens, and all interested parties submitting written and oral comments
and supporting data and analysis, as well as the Objections, Recommendations, and Comments of the
Florida Department of Community Affairs, and after complete deliberation, approved (with
modifications to the original proposed amendment based on DCA's ORC Report) and adopted the
proposed amendments hereunder; and
WHEREAS, the Comprehensive Plan amendments adopted by this Ordinance comply 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.
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 of the City
of Winter Springs' Comprehensive Plan.
Section 4. Adoption of Text Amendment to Comprehensive Plan. The City of Winter
Springs' Comprehensive Plan is hereby amended as follows:
A) LG-CPA-2-98 (Conservation Element). A new Policy 3 is hereby added under
Objective C of the Conservation Element as follows:
City of Winter Springs
Ordinance No, 758
Page 2 of 5
Policy 3)
There shall be no destruction of vegetative communities, wildlife and wildlife habitat
of those species designated as endangered, threatened or of spec;ial concern. The City
itself shall be subject to this same policy statement. There shall be no destruction of
such communities and habitats on City owned property. Due to the higher density of
development envisioned for the new Town Center, the City shall create a Town
Center Resources Protection District that will extend to all areas of the Town Center.
In 2000, the City shall develop specific land development regulations that will ensure
resource protection within the Town Center.
Conforming Amendments: Existing Policy 3 shall be redesignated as Policy 4 and the
existing policies following existing Policy 3 shall be redesignated as Policy 5,6, 7, and 8 respectively.
B) LG-CPA-3-98 (Land Use Element). A new Policy I is hereby added under Objective
C, Goal 1 of the Land Use Element as follows:
Policy 1)
Historically significant cultural and archaeological sites shall be protected from
development or redevelopment activities as detailed in the City Land Development
Regulations. In 2000, the City shall prepare and maintain an inventory of historically
significant sites within its corporate boundaries. The City shall assure that there shall
be no loss of historic resources on city-owned property. In 2000, the City shall
develop more restrictive language in the Land Development Regulations ensuring the
protection of historically significant cultural and archaeological sites from
development or redevelopment.
Conforming Amendments: Existing Policies 1 and 2 shall be redesignated as Policy 2 and
3 respectively,
C) LG-CP A-4-98 (Intergovernmental Coordination Element). A new Policy 4 is hereby
added under Objective C of the Intergovernmental Coordination Element as follows:
In 2000, the City shall develop language in the City's Land Development Regulations
ensuring the development ofthe City's new Town Center shall be coordinated with
all resource protection plans of loca~ state and federal jurisdictions that may exist.
The City shall coordinate with the resource protection efforts ofSJRWMD for Lake
Jessup and the City shall involve itself in the process for development of the SWIM
Plan or a similar plan.
City of Winter Springs
Ordinance No, 758
Page 3 of 5
Conforming Amendments: None.
Section S. Transmittal to the Department of Community Affairs. The City Manager or his
designee is hereby designated to sign a letter transmitting these adopted Comprehensive Plan
Amendments to the Florida Department of Community Affairs, in accordance with section
l63.3l87(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 Amendments adopted by this ordinance, said Amendments 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 of the Plan Amendments. The effective date of
the Amendments adopted by this Ordinance shall be a date a final order is issued by the Florida
Department of Community Affairs, 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 commence 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 ofWmter Springs Comprehensive Plan and become a part of that
plan and the Amendments shall have the legal status ofthe City of Winter Springs Comprehensive
Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 8th day of May, 2000.
City of Winter Springs
Ordinance No. 758
Page 4 of 5
ATTEST:
AS TO LEGAL FORM AND
SUFFICIENCY FOR THE CITY OF
WIN SPRINGS ONLY:
.-
Transmittal Hearing: November 9, 1998
Adoption Hearing: Mav 8. 2000
City of Winter Springs
Ordinance No, 758
Page 5 of 5
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ATTACHMENT B
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COMMISSION AGENDA
ITEM C
Consen t
Informational
Public Hearing
Regu Jar X
November 9,1998
Meeting
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Mgr. / Dept.
Authorization
REQUEST: The Community Development Department - Planning Division requests the
Commission hold a public hearing to transmit three (3) large scale (text)
amendments (LG-CPA-2-98, LG-CPA-3-98, LG-CPA-4-98) to the City's
Comprehensive Plan to the Florida Department of Community Affairs for review.
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/ PURPOSE:
The purpose of this agenda item is to request the Commission hold a public hearing to transmit
three (3) large scale (text) amendments to the City's Comprehensive Plan to the Florida
Department of Community Affairs for review. These three (3) text amendments address certain
elements in the Florida Communities Trust P-2000 Application that will increase the likelihood of
more points being awarded the next time the City applies for the grant in Spring, 1999.
APPLICABLE LA W AND PUBLIC POLICY:
The provisions of163.3l84(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 oflocal government or government agency in the state that has filed a written request
with the governing body for the plan or plan amendment."
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NOVLMUI:Y <J, li)i);)
REC;UL^I~ ACI-:NI)^ ITL':M C
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The provisions of] 63.3] 84{] 5)(b) F.S. which state: "The local governing body shall hold at least
one advertised public hearing on the proposed comprehensive plan or plan amendment as follows:
1. The first public hearing shall be held at the transmittal stage pursuant to subsection (3). It
shall be held on a weekday at least 7 days after the day that the advertisement is published.
2. The second public hearing shall be held at the adoption stage pursuant to subsection (7).
It shall be held on a weekday at least 5 days after the day that the second advertisement is
published,"
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The provisions of9J-I1.006(1) F.A.C. which state "Each proposed amendment including
applicable supporting documents which include data and analyses shall be submitted directly to
the Florida Department of Community Affairs, Division of Resource Planning and Management,
Plan Processing Team, the appropriate regional planning council, water management district(s),
Department of Transportation and Department of Environmental Protection. Proposed plan
amendments, except those discussed under the exemption provisions of Rule 9J-11.006(1)(a)7.
F.A.C., shall be consolidated into a single submission for each of the two plan amendments
adoption times during the calendar year. The comprehensive plan submitted pursuant to Section
163.3] 67 F.S" shall be counted as one of the two plan amendment adoption times during the
calendar year; however, only the submittal requirements of Rule 9J-11.004 F.A.C. must be
followed. "
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CONSIDERA TIONS:
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The City staff has outlined a number of parcels in the proposed Town Center for
acquisition as greenspace or trails to be held in public trust by the City or State.
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The City is eligible to receive up to five million dollars ($ 5,000,000) from the Florida
Communities Trust P-2000 Program for the purchase of greenspace and trails, Approval
is based on a points system and is very competitive statewide. The is a required local
match of25% of the grant funds awarded. Under this program, the city would retain
ownership of the land purchased.
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The City staff is proposing to reapply for grant funds under the P-2000 Program to be
applied to acC]uisition of lands for public greenspace and trails throughout the Town
Center.
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NOV[MI3U< <J, ICJ<JS
REGULAR AGENDA ITEM C
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Below are proposed changes to the City's Comprehensive Plan to address deficiencies in
the responses to the Application Section "Furtherance of Growth Management ancl
Comprehensive Plan Implementation" [Rule 9K-4.008(1)(a - b), F.A.C.]
The proposed plan amendments can be processed as the City's Fall Amendment Cycle
1998 by presenting them the Local Planning Agency for a public hearing in October and
later scheduling a public hearing in December by the City Commission to transmit the
~proposed amendments to the Department of Community Affairs.
. The City staff has conferred with Kieth McKarren, P-2000 Program staff member, who
suggested the language of the proposed policies below (bolded):
IN RESPONSE TO (l)(b)3. OF THE P-2000 APPLICATION:
New Policy below to be designated as Policy 3 under Objective C of the Conservation Element.
NOTE: Existing Policy 3 redesignated as 4) and succeeding policies re-designated 5), 6), 7) , 8).
New Policy 3)
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There shall be no destruction of vegetative communities, wildlife and wildlife habitat
of those species designated as endangered, threatened or of special concern. The
City itself shall be subject to this same policy statement. There shall be no
destruction of such communities and habitats on city owned property. Due to the
higher intensity of development envisioned for the new Town Center, the City shall
create a Town Ccnter Resources Protection District that will extcnd to all areas of
the Town Center. In 1999, the City shall develop specific land development
regulations that will ensure resource protection with the Town Center.
IN RESPONSE TO (l)(b)12. OF THE P-2000 APPLICATION:
New Policy below to be designated as Policy 1 under Objective C, Goal 1 of the Land U~e
Element. NOTE: Existing Policy 1) re-designated as 2) and existing Policy 2) re-designated as 3)
New Policy 1)
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Historically significant cultural and ar'chaeological sites shall be protected from
devclopmcllt 0'- rcdevelopment activitics :IS dctailcd ill the City's L:lnd Development
Rcgubtions; By 1999, the City sh:ll\ p,-cparc :lnolll:lint:lin :In inventol)' of
histo,-ically significant sitcs within its cO"POI":ltc bOllll(l:lrics. Thc City sl1:1ll asslI"c
that thcl"c sh:lll bc 110 loss or histol"ic I'CSOllrces Oil city-oWllcd J)I"Opel-ty" III 1999, the
City sh;1l1 develop lIlorc reslrictive lallgll:lgc ill the 1:llld devclopmellt rcgul:ltiolls
NOVLMI~I.Y <J, I <Je)X
REGULAR AGLNDA ITEM C
Page 4
ensuring the protection of historically significant cultu,-:\I and al-chaeological sites
from development or redevelopment.
IN RESPONSE TO (1)(b)(l3. Of THE P-2000 APPLICATION:
New Policy below to be designated as Policy 4) under Objective C of the Intergovernmental
Coordination Element.
New Policy 4)
The development of the City's new Town Center shall b.e coordinated with all
resource protection plans oflocal, state and federal jurisdictions that may exist. The
City shall coordinate with the resource protection efforts of SJRWMD for Lake
Jessup and the City shall involve itself in the process for development of the SWIM
Plan and e~pend efforts to further purposes and management proactices of the
SWIM Plan,
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FUNDlNG:
No funds required_
LOCAL PLANNING AGENCY RECOMMENDATION:
At its November 4, 1998 meeting, the Local Planning Agency recommended the City Commission
transmit the proposed large scale amendments (LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98) to
the City's Comprehensive Plan to the Florida Department of Community Affairs for review.
STAFF RECOMMENDATION:
Staff recommends the Commission approve the transmittal of the proposed large scale
amendments (LG-CPA-2-98, LG-CPA-3-98, LG-CPA-4-98) to the City's Comprehensive Plan to
the Florida Department of Community Affairs for review.
A TfACBMENTS:
Local Planning Agency Agenda Item 11. C. (reviewed at the LP A November 4, 1998 meeting)
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) COMMISSION ^crrON:
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ATTACHMENT C
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1000
Community Development
PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY
AGENDA ITEM
II. C.
PROPOSED LARGE SCALE COMPREHENSIVE PLAN
AMENDMENTS IN RESPONSE TO THE P-2000 APPLICATION
LG-CP A-2-98
LG-CP A-3-98
LG-CP A-4-98
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Staff Report
The City staff applied to the Florida Communities Trust Preservation 2000 Program (P-2000) for
grant monies to acquire open space in the Town Center. The City did not receive the funding
due to scoring of responses in the application that did not meet the threshold level of points.
The staff would like to reapply in 1999 again for these funds. To improve the chances that our
application will receive more points this time around, new policies are proposed below that
address the P-2000 Program staIr s concerns and suggestions.
Below is the original responses to the application concerning growth management and the City's
comprehensive plan and the proposed new policies (LG-CP A-2-98, LG-CP A-3-98,
LG-CP A-4-98)
P-2000 GRANT APPLICATION QUESTION/STATEMENT:
(1) Furtherance'ofGrowth Management and Comprehensive Plan Implementation [Rule 9K-
4.008(1)(a-b), F.A.C.]
(b)
Local Comprehensive Plan Provisions for Conservation, Coastal Management,
and Outdoor Recreation and Open Space, Acquisition of the project site will
assist the local government in furthering the local comprehensive plan directives
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RESPONSE:
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set fonh in the objectives and policy statements contained in the plan clements
that provide for conservation, coastal management, and outdoor recreation and
open space. When used in this part, the term "furthered" means that proposed
projects will assist the local government in realizing goals, objectives, or policy
directives of the comprehensive plan. For each criterion that is furthered by an
objective or policy of the local comprehensive plan, the objective or policy
number is to be cited in the response to the criterion and a copy of the objective or
policy, and any associated exhibits or documents, shall be included as an exhibit
as described in
9K-4.004(4)(b)4., F.A.C. Ifa copy of the entire objective or policy that is cited in
. response to a criterion is no included in the exhibit, that objective or policy will
not be evaluated as to whether it is furthered by that criterion.
(3) Does the proposed project further comprehensive plan directives that
ensure the protection oflisted animal species or habitats oflisted species?
If so, summarize the relevant objectives or policies that are furthered.
Provide the numeric citation of the relevant objectives or policies. Discuss
how the project site would assist in furthering the cited objectives or
policies. (5 points)
The Town Center project includes artesian springs and wetlands related to
Howell Creek which empties into Lake Jesup. This area has never been
built upon or disturbed. It contains native plants and animals indigenous
to the area. The City's adopted Comprehensive Plan contains objectives
and policies that encourage preservation of native vegetative communities.
Objective C of the Conservation Element of the Comprehensive Plan
states:
Protect, conserve and appropriately use the remaining native
vegetative communities, wildlife and wildlife habitat, particularly
species designated as endangered, threatened or of special concern,
and habitat utilized by those species, from destructive practices,
through site plan review criteria requiring the species and habitat
be identified, requirements that protection of remaining habitat be
enforced through development orders, and providing incentives for
such protection.
Policy 3 under Objective C of the Conservation Element states:
Ensure wildlife habitats known to be inhabited by species
designated as endangered, threatened or species of special concern
is undisturbed by construction. . . ,"
The proposal is to remove the area around the ar"tesian springs and
wetlands related to Howell Creek from potential development and
preserve these areas in their natural state, The area encompassing the
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springs would be designated conservation, The property owner has
expressed and interest in developing the area for retail commercial
purposes. The City desires to find some way to purchase these lands to
hold in public trust.
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LG-CP A-2-98) IN
RESPONSE TO (1)(b)3. OF THE P-2000 APPLICA TION:
New Policy below to be designated as Policy 3 under Objective C of the Conservation Element.
NOTE: Existing Policy 3 redesignated as 4) and succeeding policies re-designated 5), 6), 7) , 8).
New Policy 3)
There shall be no destruction of vegetative communities, wildlife and wildlife habitat
of those species designated as endangered, threatened or of special concern. The
City itself shall be subject to this same policy statement. There shall be no
destruction of such communities and habitats on city owned property. Due to the
higher intensity of development envisioned for the new Town Center, the City shall
create a Town Center Resources Protection District that will extend to all areas of
the Town Center. In 1999, the City shall develop specific land development
regulations that will ensure resource protection with the Town Center.
P-2000 GRANT APPLICATION QUESTION/STATEMENT:
(1) Furtherance of Growth Management and Comprehensive Plan Implementation [Rule 9K-
4.008(1)(a-b), F.A.C.]
(b) Local Comprehensive Plan Provisions for Conservation, Coastal Management,
and Outdoor Recreation and Open Space. Acquisition of the project site will
assist the local government in furthering the local comprehensive plan directives
set forth in the objectives and policy statements contained in the plan elements
that provide for conservation, coastal management, and outdoor recreation and
open space. When used in this part, the term "furthered" means that proposed
projects will assist the local government in realizing goals, objectives, or policy
directives of the comprehensive plan. For each criterion that is furthered by an
objective or policy of the local comprehensive plan, the objective or policy
number is to be cited in the response to the criterion and a copy of the objective or
policy, and any associated exhibits or documents, shall be included as an exhibit
as described in 9K-4.004(4)(b)4., F.A.C. rfa copy of the entire objective or
policy that is cited in response to a criterion is no included in the exhibit, that
objective or policy will not be evaluated as to whether it is furthered by that
criterion, .
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(12) Does the proposed project furt her comprehensive plan directives that
ensure the preservation of historical sites? I f so, summarize the relevant
objectives or policies that are furthered, Provide the numeric citation of
the relevant objectives or policies. Discuss how the project site would
assist in fiJrthering the cited objectives or policies. (5 points)
RESPONSE:
The Town Center project includes a proposal to preserve the area
surrounding the springs in a natural state. The springs, located on the east
side ofTuscawilla Road and north of State Road 434 are the bases from
whence the City derives it nam.e. The City seeks to preserve this rare
natural resource in its natural state for the appreciation and understanding
by the public.
The City has in its Comprehensive Plan a policy relating to ensuring the
preservation of historical sites, that will be furthered by the proposed
Town Center project. Policy 2 under Objective C of the Land Use
Element states:
The City shall coordinate with Seminole county, the State
Department of Florida, and other interested parties in establishing
and maintaining an inventory of historically significant resources
in the City_
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LG-CPA-3-98) IN
RESPONSE TO (1)(b)12. OF THE P-2000 APPLICATION:
New Policy below to be designated as Policy} under Objective C, Goal} of the Land Use
Element. NOTE: Existing Policy}) re-designated as 2) and existing Policy 2) re-designated as
3)
New Policy 1)
Historically significant cultural and archaeological sites shall he protected from
development or redevelopment activities as detailed in the City's Land Development
Regulations; By 1999, the City shall prepare and maintain an inventory of
historically significant sites within its corporate boundaries. The City shall assure
that there shall be no loss of historic resources on city-owned property. In 1999, the
City shall develop more restrictive language in the land development regulations
ensuring the protection of historically significant cultural and archaeological sites
from developmerit or redevelopment.
P-2000 GRANT APPLICATION QUESTION/STATEMENT:
(1) Furtherance of Growth Management and Comprehensive Plan Implemenlation [Rule 9K-
4.008(I)(a-b), F.A.C.)
(b) Local Comprehensive Plan Provisions for Conservation, Coaslal Management,
and Outdoor Recreation and Open Space, Acquisition of the project site will
assist the local government in furthering the local comprehensive plan directives
set forth in the objectives and policy statements contained in the plan elements
that provide for conservation, coastal management, and outdoor recreation and
open space. When used in this part, the term Ufurthered" means that proposed
projects will assist the local government in realizing goal~, objectives, or policy
directives of the comprehensive plan. For each criterion that is furthered by an
objective or policy of the local comprehensive plan, the objective or policy
number is to be cited in the response to the criterion and a copy of the objective or
policy, and any associated exhibits or documents, shall be included as an exhibit
as described in 9K-4.004(4)(b)4., F.AC. Ifa copy of the entire objective or
policy that is cited in response to a criterion is no included in the exhibit, that
objective or policy will not be evaluated as to whether it is furthered by that
criterion.
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(13) How does the proposed project further comprehensive plan directives that
provide for coordination with existing resource protection plans such as,
aquatic preserve management plans, SWIM plans, habitat conservation
plans, manatee protection plans, and estuarine sanctuary plans? If so, '
summarize the relevant objectives or policies that are furthered, Provide
the numeric citation of the relevant objectives or policies. Discuss how
the project site would assist in furthering the cited objectives or policies.
(5 points)
RESPONSE:
The Town Center project includes a proposal to coordinate with the
SWIM program for Lake Jesup under the direction of the Florida
Department of Environmental Protection and the S1. Johns River Water
Management District. The City is willing to sign an agreement
guaranteeing coordination and adoption of measures required by the DEP
and S1. Johns Water Management District to ensure the objectives of the
SWIM Program and future preservation of Lake Jessup. Special
arrangements will be made for an areawide stormwater retention facility
that will prevent pollutants from entering Lake Jesup. Some of the land
proposed to be acquired by the City will be used for creation of this
areawide stormwater retention facility. It is the intention of the City that
the Town Center Project will meet a higher standard of pollution control
due to the efforts of the SWIM program to clean Lake Jesup of pollution.
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The City has in its Comprehensive Plan policies relating to ensuring the
preservation and improvement of the Lake Jesup ecosystem, that will be
furthered by the proposed Town Center project. They are:
Policy 3g under Objective A of the Land Use Element that states:
Developments adjacent to Lake Jesup shall not be permitted to
include light industrial, industrial, or commercial land uses. In
addition to these restrictions, the following provisions to protect
the natural functions of the lake shall be established:
1. An upland buffer zone, to be a minimum width of fifty (50)
feet, shall be provided between any development activity
and the lake;
II. All development along the lake shall be required to meet a
more restrictive impervious surface ration standard, All
development along the lake shall provide a minimum of
forty (40%) percent pervious surface.
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No direct discharge of stormwater into the lake shall be
permitted, in accordance with criteria established by the
SJR WMD.
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Policy 3a under Objective A of the Land Use Element which states:
Require projects to cluster development away from wetland areas
of the site and maintain upland buffers adjacent to wetlands. The
minimum vegetative buffer requirement shall be twenty-five (25)
feet upland from the wetland area. A larger buffer shall be
required on a site-by-site basis when required to protect the
resource.
Policy 3c u'nder Objective A of the Land Use Element which states:
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Environmentally sensilive areas shall be covered by an
environmental easement which restricts uses to passive
recreational activities, The environmental easement may
be dedicated by plat or by a separate instrument approved
by the City.
Policy 3d under Objective A of the Land Use Element which states
in part:
Require vegetative buffers around all lakes in order to
protect water quality of these water bodies. The minimum
upland lake buffer shall be fifty (50) feet. . . .
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LG-CPA-4-98) IN
RESPONSE TO (1)(b)13. OF THE P-2000 APPLICATION:
New Policy below to be designated as Policy 4) under Objective C of the
Intergovernmental Coordination Element.
New Policy 4)
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The development of the City's new Town Center shall be coordinated with all
resource protection plans oflocal, state and federal jurisdictions that may
exist. The City shall coordinate with the resource protection efforts of
SJRWMD for Lake Jessup and the City shall involve itself in the process for
development of the SWIM Plan and expend efforts to further purposes and
management proactices of the SWIM Plan.
RECOMMENDATION:
Staff recommends the Local Planning Agency recommend to the City Commission
approval of the proposed large scale comprehensive plan amendments LG-CPA-2-98,
LG-CPA-3-98, LG-CPA-4-98 (three proposed policies) and transmittal to the Florida
Department of Community Affairs for review.
ATTACHMENT D
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SlAl[ OF Fl.ORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"!-Ielping Floridiilns creale safe, vibranl, sU5lainable communilies"
lEG [lUSH
Governor
STEVEN M. SEII3ERT
S~C'eIJ')'
April 30, 1999
The Honorable Paul P. Partyka, Mayor
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
Dear Mayor Partyka:
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The Department has completed its review of the proposed Comprehensive Plan Amend-
ment for the City of Winter Springs (DCA No. 99-1), which was received on February, 19, 1999.
Copies of the proposed amendment have been distributed to appropriate state, regional and local
agencies for their review.
The Department has reviewed the proposed amendment for consistency with Rule
9J-5, Florida Administrative Code (F.A.C.), Chapter 163, Part II, Florida Statutes (F.S.),
and the adopted City of Winter Springs Comprehensive Plan. The Department raises no
objection to the proposed amendment, and this letter serves as the Department's Objections,
Recommendations and Comments Report.
However, while the Department has no objections to the addition of the three new
policies, it offers the following comments:
FUTURE LAND USE ELEMENT:
LG-CPA-3-98: In part, the proposed policy states that more restrictive languag~ for
protection will be written into the City's LDRs.
Comment: The policy can be strengthened by including in the policy, more direction
for the 'language to be written into the LDRs that will ensure protection of significant
cultural and archaeological sites from development or redevelopment.
2 S 5 S S H U 1-1 ,\ H 0 0 ^ K U 0 U l. E V ^ RD' TAl. l. ^ H ^ SSE E. [' l. 0 I( I 0 ^ :3 2 3 9 9 - 2 1 0 0
Phone: (OSO) '10n-046(,/5uocorn 27lJ.g'166 ['AX: (USO) 921-0701/5uocoOl 291-0701
'nll:,oel ;lddre~~: hllp;//\Vww.SI,1IC,rl,u~/curn,1iil
flORIO,\ ~(ys
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The Honorable Paul p, Partyka
April 30, 1999
Page Two
CONSERVATION ELEMENT:
LG-CPA-2-98: In part, the proposed policy states that the City will include in its LDRs
statements to ensure resource protection within the Town Center.
Comment: The policy can be strengthened by including more direction for the LDRs
that will serve to ensure resource protection within the Town Center.
This letter and the enclosed external agency comments are being issued pursuant to Rule
9J-11.01O, F.A.C. Upon receipt of this letter, the City of Winter Springs has 60 days in which to
adopt, adopt with changes, or determine t~at the City will not adopt the proposed amendment.
The process for adoption oflocal comprehensive plan amendments is outlined in Section
163.3184, F.S., and Rule 9J-11.011, F.A.C.
Within ten working days of the date of adoption, the City of Winter Springs must submit
the following to the Department:
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Three copies of the adopted comprehensive plan amendment;
A copy of the adoption ordinance;
A listing of additional changes not previously reviewed;
A listing of findings by the local governing body, if any, which were not included in the
ordinance; and
A statement indicating the relationship of the additional ,changes to the Department's
Objections, Recommendations and Comments Report.
The above amendment and documentation are required for the Department to conduct a
compliance review, make a compliance determination and issue the appropriate notice of intent.
In order to expedite the regional planning council's review of the amendment, and
pursuant to Rule 9J-11.011(S), F.A.C., please provide a copy of the adopted amendment directly
to the Executive Director of the East Central Florida Regional Planning Council.
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The Honorable Paul P. Partyka
April 30, 1999
Page Three
As a reminder, the Department wants to bring to your attention the need to incorporate
siting criteria for public schools into the City's comprehensive plan by October 1, 1999. The
1998 Florida Legislature revised Section 163 .3177(6)(a), F.S., to strengthen the coordination of
land use planning with planning for public schools, The law states that the future land use element
must clearly identify the land use categories in which public schools are an allowable use and
include sufficient land proximate to residential development to meet the projected needs for
schools. The future land use element also is to include criteria which encourages the location of
schools proximate to urban residential areas and collocation of schools with public facilities, such
as parks, li5raries, and community centers, to the extent possible. The Legislature directed that
failure by a local government to meet the requirements will result in the prohibition of the local
government's ability to amend its plan with the exception of amendments related to developments
of regional impact.
The public school siting requirements need to be addressed in consultation with your
school board. While you work on the siting policies we encourage you to take the opportunity to
fulfill another need - the adoption of p'rinciples and guidelines to coordinate the comprehensive
plan with the plans of school boards and other units oflocal government. Under Section
) 163 .3177(h) 1 and 2, F.S., that is to be accomplished by the end of 1999.
If your comprehensive plan does not now meet these requirements we recommend that
you work quickly to propose appropriate amendments. Please 'note that plan amendments to
incorporate school siting criteria are exempt from the limitation on the frequency of plan
amendments contained in Section 163.3187, F,S. 1fyou believe that your plan already meets the
requirements, the Department would be happy to verify that status, In any case, we are available
to assist on this important issue.
Please contact Jeff Griswold, Planner IV, at (850) 487-4545, if you need additional
assistance,
J mes D. Stansbury
Community Program Administrator
mS/jg
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cc:
Mr. Thomas Grimms, AlCP, Comprehensive Planning/Zoning Coordinator
Ms. Sandra Glenn, Executive Director, East Central Florida RPC
1~/lSt Celltrol Florida
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(EGIONAL
PLANNING
COUNCil
Chairman
lorry Wholey
Clerk of Courls
Osceola Counly
MEMQRAND, UM
DATE:
Monday, March 15, 1999
VIce Chairman
Evelyn Smith
Mayor
Cily of Euslis
TO:
D. Ray Eubanks, FDCA, Planning Manager
James Stansbury, FDCA, Community Program Administrator
FROM:
Jenifer Domerchie
Planner
Secretory-
Treasurer
Corale Borlce
Governor's
Appointee
Seminole' County
SUBJECT: Comprehensive Plan Amendmentm
LOCAL GOVERNMENT: Winter Sprin~
DCA AMENDMENT #: 99-1
Serving
Breuard, Lake,
Orange, Osceola,
Seminole Clnd
Volusia
counties.
Council staff have completed a technical review of the above referenced
comprehensive plan amendment. The review was conducted in accordance with
the of provisions the East Central Florida Regional Planning Council's current
contract with the Florida Department of Community Affairs for Plan and Plan
Amendment Reviews.
Executive
Dlreclor,
Sandra S. Glenn
.1
We have not identified any significant and adverse effects on regional resources
or facilities, nor have any extrajurisdictional impacts been identified that would
adversely effect the ability of neighboring jurisdictions to implement their
comprehensive plans.
Growing Sll1aJ1er
7b/Vugh Regional
Planning.
The East Central Florida Regional Planning Council is available to assist in the
resolution of any issues that should arise in the course of your review. If you
should have any questions, please contact' me at SunCom 334-1075 x334. Thank
you.
1011
Wymore Rood
Suite 105
Win!er Pork, Florida
32789-1797
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Local Government Contact: Mr. Thomas Grimms, Alep
File
Phone
407.623,1075
Fox 407.623.1084
Suncom 331\.1075
Suncom Fox
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5151 Adanson Street
Orlando, Florida 32804
Telephone: (407) 623-1085
FLorida Department of Transl)ortation
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TIIO~l,\$ F. BARIW, JR.
SECRETAIlY
lED DUSH
GOVERNOR'
Mr. D. Ray Eubanks, Planning Manager
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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April 6, 1999
SUBJECT:
LOCAL GOVERNMENT:
DCA AMENDMENT NO:
Proposed Comprehensive Plan Amendments
City of Winter Springs
99-1
Dear Mr. Eubanks:
)
I
As requested in Mr. Quinn's memo recieved on February 26, 1999, the Florida Department of
Transportation has no ObjectionsfRecommendations and/or Comments, concerning the Winter
Springs Comprehensive Plan Amendment 99-1.
Thank you for the opportunity to review this material. If you have and questions, or need further
information, please contact me at (407) 623-1085, extension 126.
Sincerely,
~~
Systems Planning Supervisor
copy to:
Thomas Grimms, Winter Springs Planning Dept.
Bob Romig, FDOT Policy Planning
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Departlllent of
Environmental Protection
Jeb Bush
Governor
DdVid B. Su-uhs
Secrecary
April 20, 1999
Mr. Ray Eubanks
Plan Review and Process Team
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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PLI\N PRO;:ESSiNG It ~ ..':
RE: City of Winter Springs, 99-1
Dear Mr. Eubanks:
The Office ofIntergovenunental Programs has reviewed the proposed amendment
under the procedures of Chapter 163, Florida Statutes, and Chapters 9J-5 and 9J-11,
), Florida Administrative Code. We have no comments at this time.
Thank you for the opportunity to comment on this proposal. If I may be of
further assistance, please call me at (850) 488-3704.
Sincerely,
LIJ~ ~
Marlane Castellanos
Office of Intergovemmental Programs
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March 4, 1999
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Mr, Ray Eubanks
Department of Corrununity Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
I
---.J
Re: Historic Preservation Review of the City of Winter Springs (99-1) Comprehensive Plan
Amendment Request
Dear Mr. Eubanks:
.)
According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida
Statutes, and Chapter 91-5, Florida Administrative Code, we have reviewed the above document
to decide if data regarding historic resources have been glven sufficient consideration in the
request to amend the Winter Springs Comprehensive Plan,
We have reviewed the three proposed text amendments to the Conservation, Land Use, and
Intergovernmental Elements of the Winter Springs Comprehensive Plan to consider the potential
effects of these actions on historic resources. \Vhile the text amendments for the Conservation
Element and the Intergovernmental Elements should have no adverse effect on historic resources,
the Land Use amendment addressing the protection of historical resources should have a positive
effect. The te:>..1 indicates that the city will prepare and maintain an inventory of significant
historic sites. Does that mean that the city will conduct cultural resource assessment surveys to
identify and evaluate these resources? Furthermore, how will the city ensure the protection of
these sites from development or redevelopment?
We continue to recommend that the city sponsor a systematic archaeological and an architectural
and historical survey to determine if any significant historic resources may be present. If
significant resources are identified, they need to be preserved and protected by the city. This can
be accomplished by means of the adoption of a local historic preservation ordinance.
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RA Cra)' Building . 500 South Bronough Slreet . lall.1!l;)sst'C'. Florid~ 32399-0250 . hilp:! /www.OhC.ritJgc.CO;;1
o Directors Office 0 /\rch,)co)oG;c;d Research D--1-li$IOric Preserv,lIion 0 Historiol "lu~euncs
(fi:;{J) ':I\,';,} ,:.')0 . F,\X: .;!l/I,J.1'>5 (S',O) 1,67-22')') . FAX; ': 1':,22U1 ("-'.o) ,;S7.23J) . F,\;(; '1:2 ,().Ir, S (6~) ,;ES-l';,g.; . FAX: 92 I.).<;.)J
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Mr. Eubanks
March 4, 1999
Page 2
In sum, it is our opinion that the amended comprehensive plan meets (although known and.
potential historic resources need to be carefully considered in the planning ph'ases of proposed
land use changes) the state of Florida's requirements as promulgated in sections 163.3177 and
. 163.3l78~ F.S., and Chapter 9J-5~ F.A.C.~ regarding the identification of known historical
resources within their specified area of jurisdiction, and for the establishment of policies, goals
and objectives for addressing known and potentially significant historical resources in Winter
Springs. _
If you have any questions regarding our corrunents, please feel free to contact Susan M. Harp or
Laura Kammerer of the Division's Compliance Review staff at (850) 487-2333.
Sincerely,
c/.flLuv-. a. f!u,J~'Yl;~
George W. Percy, Director
Division oflIistorical Resources
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April] 2. 1999
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D. Ray Eubanks, Planning Manager
Plan Review and Processing Team
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
r-', ;
Re: City of Winter Springs
DCA No. 99-1
Dear Mr. Eubanks:
)
SJRWMD planning staff has reviewed the amendments adding new policies to the Future Land
Us' Element (FLUE), Conservation Element, and Intergovernmental Coordination Element of
the City's Comprehensive Plan. The intent of the added policies to the FLUE and Conservation
Element is to strengthened policy language related to natural, cultural, and archaeological
resources in support of a request to acquire Florida Communities Trust funding for purchase of
lands associated with the Town Center area, The new policy to be added to the
Intergovernmental Coordination Element stresses the intent of the City to coordinate
development of the Town Center area with the plans of other governmental agencies including
the ongoing Lake Jesup restoration project.
SJRWMD planning staff has no water resource-related concerns with these amendments, but
reconunends that the policy addition to the Intergovernmental Coordination remove the reference
the Surface Water Improvement and Management (SWIM) program. The Lake Jesup
Restoration And Management Project was initiated by the Lake Jesup Act of 1994 and is not a
SWlM water body. However, the SJRWMD is undertaking this project in a manner similar to
the approach taken with the four SJRWMD SWIM water bodies, The City of Winter Springs has
participated in the Lake Jesup project as a member of the Friends of Lake Jesup. Recommended
language for the last sentence of this policy is: "The City shall coordinate with the resource
protection efforts of the SJRWMD for Lake Jesup and the City shall be involved in the
development and implementation of the Lake Jesup Restoration and Basin Management Pla.I1."
The City is encouraged to continue to seek funding for the acquisition of the natural resource-
related lands associated with the Town Center Area. The City is also encouraged to coordinate
its efforts with the SJRWMD as this area is shown as potential acquisition on the SJRWMD
Five-Year Lwd Acquisition Plan map. The contact at SJRWMD for land acquisition is Ray
Dunton 2'. (904)329-4335.
O;1n noach. CIIAIHUAH
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Kalhy Chinoy, Vice CtlAII\U...H
rOUT( V(DIl,.\.
J:lCnc:; T. Swann, IRC ASUOER
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Gli!lin 1\. Gfoono
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P:ltricia T. IIJfCCIi
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Also, the City's d:lt:l and :lnalysis refers to implcrncnt,\tion of ;\n ";\rc;lwiclc stonnw:ller retention
facility" as pan of the Town Center Area project to prevent pollutants from cntering Like Jcsup.
The City m,;y wanl to investigate applying for stormwater cost-share funding that maybe
available for FY 1999-2000 as it has in the past for other projects. Further. the City may want to
coordinate this proposal with the Lake Jesup Restoration and Management Project. The contact
at SJRWMD for the Lake Jesup project is Regina Lovings (904)329-4819.
We look forward to continuing to working with the City concerning its future planning efforts. If
you have any questions or need additional information, please call Nancy Christman,
Intergovernmental Coordinator at the Orlando Service Center, at 407-897-4346/Suncom 342-
4346 or John Thomson, Senior Planner at the Orlando Service Center. at 407-893-3 1 26/Suncom
342-3126.
Sincerely,
1Y/~-S~
Margaret Spontak. Director
Office of Policy and Planning
xc:
Jeff Griswold, DCA (By FAX)
Nancy Christman. SJRWMD
Ray Bunton. SJRV/MD
Marlane Castellanos, DEP
Thomas Grimms, Winter Springs
Regina Lovings. SJRWMD
Sandra Glenn, ECFRPC
..)
/
2
)
ATTACHMENT E
)
)
,
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~
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)
~
NOTICE OF TEXT CHANGE TO THE COMPREHENSIVE PLAN
CITY OF WJNTER SPR1NGS
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS WILL HOLD A SECOND (ADOPTION) PUBLIC HEARING
ON THREE (3) PROPOSED LARGE SCALE COMPREHENSIVE PLAN
AMENDMENTS TO ADD TEXT TO THE LAND USE ELEMENT AND THE
CONSERVATION ELEMENT AND INTERGOVERNMENTAL COORDINATION
ELEMENT. THESE PROPOSED AMENDMENTS SEEK TO: FURTHER
ENSURE NO DESJRUCTION OF VEGETATION AND WILDLIFE, LOSS OF
SIGNIFICANT CULTURAL AND ARCHAEOLOGICAL RESOURCES ON CITY-
OWNED PROPERTY, AND THAT THE CITY WrrL COORDINATE WITH THE
RESOURCE PROTECTION PLANS OF LOCAL, STATE AND FEDERAL
JURISDICTIONS I IN THE PROPOSED TOWN CENTER DISTRICT.
A PUBLIC HEARING ON THE PROPOSED LARGE SCALE COMPREHENSIVE
PLAN AMENDMENTS WILL BE HELD ON DECEMBER 13, 1999 AT 6:30 P.M.
THIS PUBLIC HEARING WILL TAKE PLACE AT CITY HALL, 1126 EAST
STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS
MAY ATTEND AND BE HEARD.
ADDITIONAL lNFORMATION PERTAlNING TO l1ffi ABOVE MAY BE
OBTAINED FROM mOMAS GRIMMS, AlCP AT THE COMMUNITY
DEVELOPMENT DEPARTMENT - PLANNING DIVISION. FOR MORE
INFORMATION CALL (407) 327-1800 # 303.
PERSONS WITH DISABlLITIES NEEDING ASSISTANCE TO P ARTICIP ATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE
RELATIONS COORDINATOR, 48 HOURS IN ADV ANCE OF THE MEETING AT
(407) 327-1800 # 236.
THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY
RECOMMENDATIONIDECISION MADE BY THE CITY COMMISSION WITH
RESPECT TO ANY MATIER CONSIDERED AT TI-llS MEETING, YOU WILL
NEED A RECORD OF THE PROCEEDINGS, AND, FOR SUCH PURPOSES,
YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
,(
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PROCEEDINGS IS MADE UPON WHrCH THE APPEAL IS TO BE BASED.
ANDREA LORENZO-LUACES
CITY CLERK
\
)
ATTACHMENT C
)
)
NOTICE OF TEXT CHANGE
TO rrHE COMPREHENSIVE PLAN
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY
OF WlNTER SPRlNGS WILL HOLD A THIRD (ADOPTION) PUBLIC HEAR-
ING ON THREE (3) PROPOSED LARGE SCALE COMPREHENSIVE PLAN
AMENDMENTS TO ADD TEXT TO THE LAND USE ELEMENT AND THE
CONSERVATION ELEMENT AND INTERGOVERNMENTAL COORDINATION
ELEMENT. THESE PROPOSED AMENDMENTS SEEK TO: FURTHER
ENSIURE NO DESTRUCfION OF VEGETATION AND WILDLIFE, LOSS OF
SIGNIFICANT CULTURAL AND ARCHAEOLOGICAL RESOURCES ON
CITY-OWNED PROPERTY, AND THAT THE CITY WILL COORDINATE WITH
THE RESOURCE PROTECTION PLANS OF LOCAL, STATE AND FEDERAL
JURISDICTIONS IN THE PROPOSED TOWN CENTER DISTRICf,
A PUBLIC HEARING ON THE PROPOSED LARGE SCALE COMPREHEN-
SIVE PLAN AMENDMENTS WILL BE HELD ON MAY 8, 2000 AT 6:30 P,M.
THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY HALL, 1126 EAST
STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS
MAY ATTEND AND BE HEARD.
ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY BE
OBTAlNED FROM THOMAS GRIMMS, AIep AT THE COMMUNITY DEVEL-
OPMENT - PLANNING DIVISION. FOR MORE INFORMATION CALL 327-
1800 #303.
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/DECISION 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 PURPOS-
ES, YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED.
JUu f~
UREA T,O.'RF.. I':: -T.UACRS
OTY CLERK
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