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Home My WebLink About2001 11 26 Public Hearings C Land Design Innovations for EAR COMMISSION AGENDA ITEM C CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR November 26,2001 Meeting MGR Authorization REQUEST: The Community Development Department requests that the City Commission consider the recommendations of Land Design Innovations (LDI) for the Evaluation and Appraisal Report (EAR) based amendments to the Comprehensive Plan of the City of Winter Springs. PURPOSE: The purpose of this item is to request the Commission conduct a public hearing for the first reading of Ordinance 2001-55, which would authorize staff to transmit the proposed Comprehensive Plan to the Department of Community Affairs for review. CONSIDERA TIONS: · The City's Comprehensive Plan, adopted in 1992, is the guiding document that identifies the future development patterns in the City and the services that will be necessary to meet the demands of future growth. · The City is required by State Statutes to prepare an evaluation of the Comprehensive Plan and update the Comprehensive Plan with current data every seven (7) years. · The City successfully completed the evaluation of the Comprehensive Plan, which was determined sufficient by DCA. · The City originally had until September 26, 2000 to complete the update of the entire Comprehensive Plan, which afforded the Comprehensive Planning Coordinator eighteen (18) months to complete the task. · The Comprehensive Planning Coordinator subsequently requested a six (6) month extension to complete the amendments by March 26, 2001, and the request was granted by the State. · The Comprehensive Planning Coordinator left the City on March 26, 2001 without having completed any of the required updates to the plan. · The Community Development Director immediately requested another six (6) month extension from the State to complete the EAR Based Amendments. November 26, 2001 Public Hearing Agenda Item C Page 2 . The State extended the deadline to September 26, 2001 in a letter dated May 4, 2001; the State has no authority to issue additional extensions. . The Evaluation and Appraisal Report for the Comprehensive Plan identified that the entire document was poorly written and should be completely re-written as part of the EAR Based Amendments. . A supplemental appropriation of $46,3] 0 from the General Fund was approved to hire LDI to supplement staff resources and prepare the EAR Based Amendments to the Comprehensive Plan. . The proposed comprehensive plan (attached) represents LDI's final deliverable in response to several joint workshops held by the Local Planning Agency and City Commission to review the plan. FINDINGS: Section 15-36 of the Code lists the review criteria for Comprehensive Plan amendments. The application meets the criteria as follows: 1. The proposed amendment will not have an adverse effect on the City budget, and will have a favorable effect on the economy of the City and the region. 2. The proposed amendment will not diminish the adopted level of service (LOS) of public facilities. 3. The proposed amendment will have a favorable impact on the environment and the natural and historical resources of the City. 4. The proposed amendment is consistent with the goals, objectives and policies of the State Comprehensive Plan, and the East Central Florida Regional Policy Plan. 5. The proposed amendment will promote the cost-effective use of public facilities. 6. The proposed amendment will promote the public health, safety, welfare, economic order, and aesthetics of the City and the region. 7. The amendment is consistent with the previously adopted Evaluation and Appraisal Report (found sufficient by DCA on March 26, 1999). 8. The development is outside an area of critical State Concern. 9. The proposed changes to the DR! Development Order do not constitute a substantial deviation. 10. The City Commission and Local Planning Agency conducted a series of Special Meetings to review all elements of the proposed comprehensive plan, prior to formal consideration. 11. On November 7,2001, the Local Planning Agency recommended that the City Commission approve transmittal of the proposed comprehensive plan to DCA for review. ADOPTION SCHEDULE: November 26,2001 Public Hearing Agenda Item C Page 3 Should the City Commission approve transmittal of the proposed comprehensive plan to DCA for review, the remainder of the adoption schedule would proceed as follows: . December 10, 2001 Deadline to transmit the proposed comprehensive plan to DCA, following transmittal hearing (first ordinance reading). Deadline for DCA to issue Objections, Recommendations, and Comments (aRC) Report (approximately 60 days from the time transmittal was received). Deadline for City Commission to adopt, adopt with changes, or not adopt the proposed comprehensive plan (action must be taken within 60 days after receipt of aRC Report). . February 2001 . May 2001 RECOMMENDATION: Staff recommends that the City Commission approve transmittal of the comprehensive plan to DCA for review, as recommended by the Local Planning Agency, which would complete the EAR-based amendments. ATTACHMENTS: i " i ,I: A. Ordinance 2001-55 B. Advertisement C. Final Draft of the proposed City of Winter Springs Comprehensive Plan .j , :,1 ~ COMMISSION ACTION: if ATTACHMENT A sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407425 9596j NoV-14-01 12:48PMj page 4/9 ORDINANCE NO. 2001-55 AN ORDINANCE OF THE CITY OF WIN'fER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING THE EV ALIJA TION AND APPRAISAL REPORT (EAR) BASED PLAN AMENDMENTS TO THE COMPREHENSIVF. PLAN OF THE CITY OF WINTER SPRINGS, FLORIDA; REPEALING THE PRIOR C1TY OF WINTER SPRINGS COMPREHENSIVE PLAN IN ITS ENTIRETY AND REPLACING IT WITH A NEW COMPREHENSIVE PLAN ENTITLED "CITY OF WINTER SPRiNGS COMPREHENSIVE PLAN - 2001" WlDCH IS ATTACHED HERETO AS EXlDBIT "A"; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE PLAN; PROVIDING FOR LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS AND EFFECTIVE DATE. WHEREAS, Section 163.3161 et. seq., Florida Statute.~' (1987) established the Local Government Comprehensive Planning and Land Developmenl Regulation Act; and WHEREAS, Section 163.3167, Florida Statutes, requires eaeh municipality in the Stote of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, the City has conducted an evaluation and appraisal of the City of Winter Springs' Comprehem.;ve Plan pursuant to Section 163.3191, Florida Statutes; and WHEREAS, during the evaluation process, the City commission detennined it was in the best interests of tile public bealtb, safety and welfare of the City to update the Comprch(;nsiv~ Plan by adopting a new Comprehensive Plan; and WHEREAS, the I.ocal Planning Agency oflhe Cily ofWinler Springs held a duly noticed public hearing, in accordance with the procedures in chapter 163, part 11, Florida Statu/e.\', un the Evaluation and Appraisal Report, the proposed Comprehensive Plan amendments and DCA's ORe City of Winter Springs Ordinance No. 2001-26 PaGe I of ~ Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; NOV-14.Ql 12:48PM; Page 5/9 RCpMl and considered findings and advice of staff, cjli~cn~, and all interested partics submitting wriUen and oml commento; nnd has recommended adoption to the City Commission; and WHEREAS, on November 26, 200 I, the City COIrunission of the City of Winter Springs held a duly noticed public hcaring on the proposed Comprehensive Plan amendment and considered findings and advice ofthe Land Planning Ageney, staff, citj~ens, and all interested parties submitting written and oral comments, and after complete deliberation, approwd the amendment for transmittal to tbe Florida Depat1ment of COlllmunity Affairs; amI WHEREAS, on J the Florida Department of Community A flairs issued its Objections, Recommendations, and Comments Report rORC Report") to the City and made rceomrul;ndations to bring the subject Comprehensive Plan amendments in compliance with Rule 9J-5, FIQrida Adminislraliwt Code, and Chapter 163, Part II, Horida Statutes; and WHEREAS, the City Commission and the Land Planning Agency have evaluated the ORC Report and have aCl.:epted the reconunendations contained therein by making the necessary modifications to the Comprehensive Plan amendments originally transmitted to the Florida Department of Community Affairs in order to bring the amendments in compJiance with Rule 9.1- 5. Florida Administralive Code, and Chapler 163, Part II, Florida Statutes; 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, 011 , the City Commission of the City of Wintcr Springs held a duly noticed public adoption hearing on the proposed amendments set forth hereunder and City of Winter Springs Ordinance No. 2001-55 Pagl'2 uf S Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Nov-14.01 12:49PMj Page 6/9 considered findings and ad vice of the Land Planni ng Agency, staff, ci tizens, and all imcrcsled partiel> submitting written and oral commenls and supporting data and analysis. as well as the Objcc\i(ms, Reconullcndations, and Conunents of the Florida Department of COffinumily Affairs. and after complete deliberation. approved and adopted the proposed amendmcnlS hereunder; and WHEREAS, the Comprehensive Plan amendments adopted by this Ordin.'U1ce comply with the requirements of the Local Government Comprehensive Planning and Land Development Reb'ldation Act and the amendments are in the best interests \Ifthe public health, safety. and welfare of the cilizens of Winler Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, HEREBV ORDAINS AS FOLLOWS: Section I. Recitals. The foregoing recitals arc true and correct and are fully incorporated herein by this reference. Section 2. Autburity. TIlis Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and LllDd Dcvelopmenl Regulations Act, Sections 163.1H4 and 163.187, FloridaStalules. Section 3. Purpuse and Intent. It is hereby declared lo be the purpose and intent of this Ordinance to clarify. expand, COlTCct, update. modify and otherwise further th~ provisions oflhe City of Winler Springs' Comprehensive Plan. SectIon 4. Repeal of I)rior Comprehensive Plan. The previously adopled Comprehensive Plan of the City of Winter Springs. florida, is hereby rcpt:.t1ed ill its entirety and shall no longer be in force and effect. City of Winter Springll Ordinance No. 200\.55 Pagd uf S Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; NoV.14.01 12:50PM; Page 7/9 S~ction S. Adoption of New Comprehensive Plan. The City of Winter Springs' Comprehensive Plan-2001, attached hereto ao;; Exhibit "A" and fully incorporated herein by this reference, is hereby adopted and shall be given full legal status as the new Comprehensive Plan of the City of Winter Springs, Florida. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. AU prior inconsistent ordinances and n:solutions adopted by the City COl1ll1lission. or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent afthe confljct. Section 7. Severability. If any ~ection, subse<:tion, 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 rea~on, such portion shaJl be deemed u 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 new Comprehensive Plan adupted by this ordinance, said Comprehensive Plan shall be incorporated as the City of Winter Springs Comprehcnsive Plan und any section or paragraph number or leller and any heading may be changed or modified as necessary to effcctwlte the foregoing. Se(tion 9. Effective Date and Legal Status of the Plan Amendments. The effective date of the new Comprehensive Plan adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Co nun unity Affairs, or the Administration Commission finding the new Comprehensive Plan in complianct.'i with Section 1 (;).3 t 84, Flurida Slatute.~. No development orders, development permits, or land use dependent on the new Comprehcnsive Plan City of Winter Springs Ordinllllce No. 2001-55 I'~ 4 of S Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407425 9596; NOV-14-0112:50PM; Page 8/9 may be issued Or commenced hefore it h.1S become effective. If a final order of noncompliance is issued by the Administration Commission. the new Comprehensive Plan may nevertheless be made effective by adoption ofa resolution affimung its etlectivc status. After and from the dfective date of the new Comprehensive Plan set torth herein shall have the legal status of the Comprehensive Plan oflhe City of Winter Springs. ADOPTED by the City Commission of the City of Winter Springs, Florida, in ~l regular meeting assemhled on the _._ day of , 2002. ATTEST: PaofP.Partyka,~ayor Andrea Lorenzo-LUUl'eS, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Gargnoese, City Attorney First Reading: Second Reading:_ Effective Date: f:\docs\Cily ofWinler SpJings\Ordinances\EAR-Comp Plan Ol'dinuncc 2001.55 City nrWinter Springs OrJinanct Nu.2001-2fi I'lI8c 5 of 5 Sent By: BROWN,WARD,SAlZMAN&WEISS,P.A.j 407 425 9596j Nov-14-Ql 12:51PMj EXlflB)T "A" NEW WINTF.R SPRlNGS COMPREHENSIVE PI..AN Page 9/9 ATTACHMENT B NOTICE OF EAR-BASED AMENDMENTS TO THE CITY OF WINTER SPRINGS COMPREHENSIVE PLAN The City of Winter Springs proposes to adopt the following ordinancc: ORDINANCE NO. 2001-55 AN ORDINANCE OF THE CITY OF WINTE'.R SPRINGS, SEl\HNOLE COUNTY, FLORIDA, ADOPTING THE EVALUKrrON i\ND APPRAISAL REPORT (EAR) BASED PLAN AMENDMENTS TO TI-IE COMPREHENSIVE PLAN OF THE CITY OF WINTER SPRINGS, FLORIDA; REPEALING TI-IE PRIOR CITY or. \VINTER SPRINGS COMPREHENSIVE PLAN IN ITS ENTIRETY AND REPLACING IT WITH A NEW COMPREHENSIVE PLAN ENTITLED "CITY OF WINTER SPRINGS COMPREHENSIVE PLAN - 200 I" \VHICH IS ATIACHED HERETO AS EXlIII3IT "1\"; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTrONS; PROVIDING FOR SEVERAI3ILI'TY; PROVIDING rOR INCORPORATION INTO THE COiv[PREHENSIVE PLAN; PROVIDING FOR LEGAL STATUS or THE COMPREHENSIVE PL\N AMENDMENTS AND AN EFFECTIVE DI\TE. The following map depicts the location of the covcred by this ordinance: ~llJ-, . A public hearing on the second reading of proposed Ordinance 2001-45 will be held on November 26,2001 at 6:30 p.m. at the Commission Chambers, City of Winter Springs City Hall, located at 1126 East State Road 434, in Winter Springs, Florida. Interested parties may appear at the meeting and be heard regarding this ordinance. The proposed ordinance may be inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 East State Road 434, in Wintcr Springs, Florida. For more information call (407) 327-1800 #227. Persons with dis<lbilitics 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 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 purposcs, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Andrea Lorenzo- Luaces City Clerk ATTACHMENT C