HomeMy WebLinkAbout2000 11 13 Public Hearings Item P
COMMISSION AGENDA
ITEM
p
Consent
Informational
Public Hearing X
Regular
November 13, 2000
Meeting
~ Mgr. ID~
Authorization
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a public hearing to consider transmitting the large scale
comprehensive plan amendments LG-CPA-2-98, LG-CPA-3-98, LG-CPA-4-98
to the Florida Department of Community Affairs, which would add three (3) new
policy statements to the Comprehensive Plan dealing with land conservation and
resource protection in the area of the new Town Center.
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(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 Of government agency in the state
that has filed a written request with the governing body for the plan or plan amendment."
CDDlNovember 6, 2000/11:01 AM
NOVEMBER 13, 2000
PUBLIC HEARING AGENDA ITEM P
Page 2
The provisions of 163.3184(15)(b) F.S. which state: "The local governing body shall hold at least
one advertised public hearing on the proposed comprehensive plan or plan amendment as follows:
1. The first public hearing shall be held at the transmittal stage pursuant to subsection
(3). It shall be held on a weekday at least 7 days after the day that the
advertisement is published.
2. The second public hearing shall be held at the adoption stage pursuant to
subsection (7). It shall be held on a weekday at least 5 days after the day that the
second advertisement is published."
The provisions of9J-lI.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-lI.006(1)(a)7.
F.A.c., shall be consolidated into a single submission for each of the two plan amendments
adoption times during the calendar year. The comprehensive plan submitted pursuant to Section
163.3167 F.S., shall be counted as one of the two plan amendment adoption times during the
calendar year; however, only the submittal requirements of Rule 9J-] ] .004 F.A.C. must be
followed. "
CHRONOLOGY:
.
The Local Planning Agency reviewed the 3 policy statements plan amendments in 1999.
.
The Town Center plan amendment LG-CP A-1-99 and the Public Facilities Location
LG-CP A-4-99 plan amendment were adopted on April 24, 2000.
.
The City Commission adopted Ord. 758 relating to the three (3) policy statements large
scale comprehensive plan amendments LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98 on
May 8, 2000.
.
The Town Center plan amendment, Public Schools Facilities Location plan amendment
and the three (3) policy statements plan amendments dealing with land conservation and
resource protection were mailed via Federal Express service on May 9,2000.
CDDlNovember 8, 2000/9:29 AM
NOVEMBER 13, 2000
PUBLIC HEARING AGENDA ITEM P
Page 3
.
On June 12,2000, DCA advised in writing that since the amendments were adopted on
different dates, the State will view the submittal as two submittals, thereby using the City's
second "window" submittal opportunity scheduled for August, 2000.
.
The City Commission at its June 26, 2000 held a public hearing on Ordinance 2000-21
to rescind Ordinance 758, adopted on May 8, 2000 establishing three (3) policy statements
in the comprehensive plan involving preservation of historic and environmentally sensitive
resources relative to the Town Center.
CONSIDERA TIONS:
.
Due to procedural requirements, the City Attorney advises that the proposed plan
amendments LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98 be processed again.
.
The three (3) policy statements were adopted on May 8,2000 and transmitted to DCA on
May 9,2000 as large scale comprehensive plan amendments (DCA #00-2). The Town
Center plan amendment (Ord. 2000-10) and the Public Schools Facilities Location plan
amendment (Ord. 2000-09) were adopted on a different date, on April 24, 2000.
Therefore, DCA viewed the submittal as a second submission even though they were all
transmitted on the same date, May 9,2000, via Federal Express service. Rescinding Ord.
758 reopened the second "window" for submission in calendar year 2000. Failure to act
would have negated the opportunities for a second plan amendment normally filed in
August.
.
DCA staffwas advised that adoption ofOrd. 758 involving three (3) policy statements
was delayed until May 8, 2000 and would not be adopted simultaneously with the Town
Center plan amendment and the Public Facilities Location plan amendment.
.
DCA informed the City that all three amendments would be considered as a single
submittal package if they were filed with DCA on the same date.
PROPOSED POLICY STATEMENTS:
LG-CPA-2-98 (Conservation Element)
A new Policy 3 is hereby added under Objective C of the Conservation Element as follows:
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 density of
CDD/November 8, 2000/9:29 AM
NOVEMBER 13, 2000
PUBLIC HEARING AGENDA ITEM P
Page 4
development envisioned for the new Town Center, the City shall create a Town Center
Resource 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.
NOTE:
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 under Objective C of the Conservation Element.
LG-CPA-3-98 (Land Use Element)
A new Policy 1 is hereby added under Objective C, Goal 1 of the Land Use Element as follows:
Historically significant cultural and archaeological sites shall be protected from
development or redevelopment activities as detailed in the City's 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.
NOTE:
Existing Policies 1 and 2 shall be redesignated as Policy 2 and 3
respectively under Objective C, Goal I of the Land Use Element.
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 of the 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 SIRWMD for Lake Jessup and the
City shall involve itself in the process for development of the SWIM Plan or a similar plan.
NOTE:
No adjustment of Policy numbers needed as a result of this addition.
FUNDING:
No funds are required to transmit the large scale comprehensive plan amendment to the
Florida Department of Community Affairs.
CDDlNovember 8, 2000/9:29 AM
NOVEMBER 13, 2000
PUBLIC HEARING AGENDA ITEM P
Page 5
FINDINGS:
.
The comprehensive plan amendment is compatible with the other elements of the
City's Comprehensive Plan
.
The comprehensive plan amendment is compatible with and furthers elements of the
State Comprehensive Plan, in Chapter 187 F. S.
.
The comprehensive plan amendment is compatible with and furthers elements of the
East Central Florida Comprehensive Regional Policy Plan.
.
The Florida Department of community Affairs (DCA) reviewed the large scale
comprehensive plan amendments LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98 and
raised no objection to the proposed amendments in their ORC Report issued
April 30, 1999.
.
DCA did recommend that the three (3) policy statements be strengthened by including
in the policy (in LG-CP A-3-98 and LG-CP A-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 of the 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 development regulations ensuring the protection of historically significant cultural
and archaeological sites from development or redevelopment.
STAFF RECOMMENDATION:
Based on the Staff Report and the Findings, staff recommends the Local Planning Agency make
the following recommendation to the City Commission:
1. That the City Commission hold a first (transmittal) public hearing and transmit to the
Department of Community Affairs the proposed large scale comprehensive plan
amendments (LG-CP A-2-98) to ensure "no destruction of vegetative communities,
wildlife and wildlife habitat of those species designated as endangered, threatened or
of special concern."; (LG-CPA-3-98) to among other things protect historically
significant cultural and archaeological sites from development or redevelopment; and
(LG-CP A-4-98) to coordinate the Town Center with resource protection plans of
local, state and federal jurisdictions that may exist.
CDDfNovember 8,2000/9:29 AM
NOVEMBER 13, 2000
PUBLIC HEARING AGENDA ITEM P
Page 6
2. Hold a second public hearing, after receiving and reviewing the ORC Report, to adopt
the plan amendment.
LOCAL PLANNING AGENCY RECOMMENDATION:
MOTION BY VICE-CHAIRMAN FERNANDEZ:
"I will recommend 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-
2-98), to ensure "no destruction of vegetative communities, wildlife and wildlife habitat of those
species designated as endangered, threatened or of special concern; (LG-CP A-3-98) to among other
things protect historically significant cultural and archaeological sites from development or
redevelopment; and (LG-CP A-4-98) to coordinate the Town Center with resource protection plans
of local, state and federal jurisdictions that may exist, further request the DCA to expedite its review
since and ORC Report has been issued previously and a response to the ORC Report has been made
and finally to hold a second public hearing, after receiving and reviewing any additional ORC Report,
to adopt the plan amendments.
Seconded by Board Member Stephens. Discussion.
VOTE:
Chairperson Rosanne Karr: aye.
Board Member Carl Stephens: aye.
Board Member Brent Gregory: aye.
Board Member Tom Brown: aye.
Vice-Chairman Bill Fernandez: aye.
Motion carried,
ATTACHMENTS:
A. Local Planning Agency Agenda Item II. G, H, I
B. Legal Notice.
COMMISSION ACTION:
CDDlNovember 8, 2000/9:29 AM
ATTACHMENT A
CITY OF WINTER SPRINGS, FLORIDA
. 1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708.2799
Telephone (407) 327.1800
Community Development Dept.
Planning Division
LOCAL PLANNING AGENCY AGENDA ITEM
II. G.
II. H.
II. I.
NEW POLICY 3 IN CONSERVATION ELEMENT LG-CPA-2-98
NEW POLICY 1 IN LAND USE ELEMENT LG-CP A-3-98
NEW POLICY 4 IN INTERGOV. COORDINATION ELEMENT LG-CP A-4-98
Staff Report
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3211 F.S. which states in part: "Where this act may be in conflict
with any other provision or provisions of law relating to local governments having
authority to regulate the development of land, the provisions of this act shall govern
unless the provisions of this act are met or exceeded by such other provision or
provisions of law relating to local government, including land development regulations
adopted pursuant to Chapter 125 or Chapter 166. . . ."
CONSIDERA TIONS:
I. SUMMARY OF APPLICATION
APPLICANT:
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
REQUEST:
That the Local Planning Agency recommend the City Commission transmit the proposed
large scale comprehensive plan amendment LG-CP A2-98, LG-CP A-3-98, and
LG-CP A-4-98.
PURPOSE:
Local Planning Agency
October 25, 2000
The purpose of this request is go through the large scale comprehensive plan amendment
I
New Policy 3 in Conservation Element Amendment
New Policy I in Land Use Element Amendment
New Policy 4 in lntergov. Coord. Element Amendment
LG-CPA-2-98
LG-CPA-3-98
LG-CPA-4-98
procedure again with this previously reviewed proposed plan amendment. Due to Joshi
& Associates as the then Town Center Master Developer not wanting this plan
amendment adopted back then, and later, to the need for the City Commission to rescind
this proposed large scale plan amendment in response to a DCA letter pointing out a
technicality in the interpretation of the "two windows for submission of comprehensive
plan amendments. It was advised that this plan amendment again be processed through
the large scale comprehensive plan amendment procedure.
CONSIDERA TIONS:
. The Local Planning Agency reviewed this proposed plan amendment in 1999.
. The City Commission adopted LG-CP A-2-98 on May 8, 2000.
. Due to concern over procedural requirements, the City Attorney advises that the proposed
plan amendment be processed again.
FISCAL IMPACT:
None.
STAFF RECOMMENDATION:
City Attorney and City Staff recommends the Local Planning Agency make the following
recommendation:
1. 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-2-98) to ensure "no destruction of vegetative communities,
wildlife and wildlife habitat of those species designated as endangered, threatened or of
special concern."; 9LG-CP A-3-98) to among other things protect historically significant
cultural and archaeological sites from development or redevelopment; and (LG-CP A-4-
98) to coordinate the Town Center with resource protection plans of local, state and
federal jurisdictions that may exist.
2. Request the Department of Community Affairs to expedite its review since an ORC
Report has been issued previously and a response to the ORC Report has been made.
3. Hold a second public hearing, after receiving and reviewing the ORC Report, to adopt the
plan amendment.
ATTACHMENTS:
A. City Commission Agenda Item B (including Local Planning Agency Agenda Item
II. C.)
Local Plmming Agency
October 25, 2000
2
New Policy 3 in ConservCltion Element Amendment
New Policy I in Land Use Element Amendment
New Policy" in Intergov. Coord. Element Amendment
LG-CPA-2-98
LG-CPA-3-98
LG-CP A-4-98
ATTACHMENT A
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing X
Regular
January 10, 2000
Meeting
;L- ~
Mir. / f!- ~t.
Authorizati n
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 federalj.urisdiction 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 of a 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
)
CDDlDeccmocr 29. 1999/4:20 I'M
JANUARY 10,2000
PUBLJC HEARING AGENDA ITEM 13
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 163.3184(15)(b) F.S. which state: "The local governing body shall hold at least
one advertised public hearing on the proposed comprehensive plan or plan amendment as
follows:
1. The first public hearing shall be held at the transmittal stage pursuant to
subsection (3). It shall be held on a weekday at least 7 days after the day that the
advertisement is published.
2.
The second public hearing shall be held at the adoption stage pursuant to
subsection (7). It shall be held on a weekday at least 5 days after the day that the
second advertisement is published."
)
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.
CDD/December 29. 199914:20 PM
JANUAR Y 10, 2000
PUBLIC HEARING AGENDA ITEM B
'J Page 3
. Staff finds that the last sentence of the 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
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 ofthe 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-CPA-2-98, LG-CPA-3-98, and LG-CPA-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 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
.J
CDDlDcccmbcr 29. 1999/4:20 PM
JANUAR Y 10, 2000
PUBL1C HEAR1NG 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-CPA-2-98, LG-CPA-3-98, LG-CPA-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-CP A-4-98
[ "underlining" = the added language ]
In 2000, the City shall develop language in the land development regulations ensuring the
development of the 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 SJRWMD for Lake Jessup and the City
shall involve itself in the process for development of the SWIM Plan or similar plan.
IMPLEMENTATION 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
)
CDDlDcccmbc.:r 29. 1999/4:20 PM
JANUARY 10,2000
PUBLIC I-TEARING AGENDA ITEM B
Page 5
ATTACHMENTS:
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:
)
CDDID=.'l11bcr 29.1999/4:20 PM
ATTACHMENT A
)
)
'j -03- :;-.::C:~~jC'1 ':)/ L: .
. r..~:j i ..' '::. ..4: !. I t'-iCJ< ! ;~. ":'.:.: I t':L..:,':.'1~':)l':: _I,.'
)
ORDfl'iANCE NO. 758
AN ORDUNANCE OF TfIE CITY OF WINTER SPRINGS, SEMINOLE
COUNTI', FLORIDA, RELATING TO COMPREHENSIVE PLANNING;
SETTING FORTH AND ADOPTING TaREE (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 SHALL AMEND THE
COMPREHENSIVE PLAN BY ADDING TIfREE POLICY ST A TEME~TS
RELA IT'IG TO LAi\jl) CONSERVA nON At'W RESOURCE PROTECTION;
PROVIDING FOR THE REPEAL OF PRIOR L'\'CONSISTENT
ORDINANCES AND RESOLlJlIONS; PROVIDING FOR SEVERABo...ITY;
PROVIDING FOR INCORPORATION IJ'{TO THE COMPREHENSIVE
PIA1'l; AND PROVIDING AN EFFECffi'E 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 Regul?tion Act~ and
WHEREAS, se:::tion 163.3167, Florida Statutes,. requires ecch municipality in the State of
Fkrida to prepare and 2.dopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
)
WHEREAS, 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
Cit)' Commission of the City of Wimer Springs, through a collaborative planning process with
meaningfill public participation, desires to adopt three new comprehensive plan policies (LG-CP A-2.
98;. L~CI> A.3-98; and LG-CP A-4-98) which are intended to: (I) 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
loc:al, state and ?ederal jurisdictions in the development of the Town Center; and (3) provide
participation in the development and management practices of any S\VJM 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 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 submi~ting ",...ritten and oral comments and has recommended adoption to the
City Cornnl1ssion~ and
)
WHEREAS, on November 9, 1998. lhe: City Commission of the City of Winter Springs held
a duly noticed public hearing 0n the proposed Comprehensive Plan amendment and considered
findings and ad\>icr~ of stafi~ citizens, and all intcestcci paJ1ies submitting \Vlitlen and oral comments,
and after completE: deliberation, approved !he c..mendmellt for lransmittaJ to the Florida Depanment
of Com.munity AJfai.rs, and
j -o~;- 2C',Ci(J
I" J_',,"
.::....'-'..', ,
,!"ut i :.' ',:",.'~ 1. ';.~!.:..r"'! /'_ ...:<':: I b..:;'..::.~'...j:,,:;'_'._i
~ .. :. )
WHEREAS, on April 30, 1999, the Florida Department of Com.rnunity Affajrs issued its
Objections, Recommendations, and Comments Report to the City and found the subject large scale
Comprehensive Plan amendments consistent with Rule 9J-5, Florida Administrative Code, and
Chz:pte:- 163, Part II, 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~hensiYe 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 COnmllssion 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 st.a.ff: 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 Goverrunent Comprehensive Planning and Land Development
Regulation Act and the amendments are in the b,est interests of the public health, safety, and welfare
of1:he citizens of Winter Springs, Florida.
NOW, TffEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
WJlNTER SPRIl'iGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
~tiQn 1 Recitals,
herein by this reference
The foregoing re,:itals are true and correct and are fully incorporated
Se't:tion 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.n2 Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarifY, expand, correct, update, modif)r and otherwlse further the provisions of the City
of Winter Springs' Comprehensive Plan.
.fu:.!~.fum 4. Adloption of Text Amendment to Compreheusive Plan. The City of Winter
Springs' Comprehensive Plan is hereby amended as follows:
)
A) LG-CPA-2~98 {Conservarion Element), A new Policy 3 IS hereby added under
Objective C of the Conservation Element as fellows:
Cir~' of Winter Springs
Ordinance No. 758 (.I;1nuary iU, 20tH))
Pa!~e 2 of 5
')
)
)
1 -Li..:;-;~L',l:)Lj
..:.":.:.:._i:
-",lJi I "',1-'-., j 1;"::'-:-',: _.. ":"~-! ~)_ _:'_):., ,:-,_,
r' L)
Policy 3)
There shall be no deS!ruction of vegetative corrununities, 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 density of
development envisioned for the new Town Center, the City shall create a. Tovro
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:nter.
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 1 is hereby added under Objective
C, Goal I of the Land Use Element as follows:
Policy J)
Historically significant wltural and archaeologlcal sites shall be protected from
development or redevelopment acitvities as detailed in the City Land Deyelopment
Rebrulations. In 2000, the City shall prepare and maintain an inventory of historically
significan! sites within its COIlJorate boundaries. The City shali assure that there shall
be no loss of hi.:;toric resources on city-ov.:ned property In 2000, the City shall
develop more 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 n~spectively
C) LG-CPA-4-98 (lntl:rgovemmcntal Coordination Element). A new Policy 4 is hereby
added under Objective C of the Intergovel11l1lenta.l Coordination Element as follows:
1n 2000, the City shall develop l3J1guage ;]1 the City's Land Development Regulations
ensuring the developmep..t of the City's new Town Center shaJl be coordinated with
all resource protection pla!ls of local ~;tate and federal jurisdictions that may exist.
The City shall coordinate with the resource protection efforts of SJR WlvID for Lake
Jessup and the City shall involve itself in the process for development of the S\VDvI
Plan or a similar plan
Cll) of Winter Splings
Ordinance ~Jo. -::>8 (bnllary :0. 2l)l)l))
P3~:e 3 ot' 5
; -c::' -- .>_'~_~l~
:.:..' '.::. ~..::! i
~ I-.ur i .d 'I:;~<! ( r-n.:..I<!:: .:.'....... It:; ..:..'.:..,..)(. _ ....
Conforming Amendments: None
s.ttlion~. Tr3nsmitta.l to the Department of Community Affairs. 1ne City Manager or his
designte is hereby designated to sign a letter t.ransmitting these adopted Comprehensive Plan
^,,'llendments to the Florida Department of Community Affairs, in accorda.'1ce with section
163 .3137( 1)( c)( 4), Florida Statutes, and section 9J -] 1, Florida Administrative Code.
~tion 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ord1.'1ances and resolutions adopted by the City Com.rn.ission, or pans of ordinances and resolutions
in conflict herewith, are ~ereby repealed to'the extent of the conflict.
~.tiC:HL1. 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 for substantive, procedural.) or any other reason, such portion shall be deemed
a sc;pa:-ate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portion~. of this ordinance.
lli~. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amend.!nents adopted by tn.s ordinance, said Amendments shall be incorporated
into th-e City of Winter Springs Comprehensive Plan a..'1d any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
)
~J..i2!!..2. Effe(:tive 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 fi:1al order of noncompliance is issued by the Administration Commission, the
Amendments may nevertheless be made effective by adoption of a resolution affinning its effective
status. After and from the effective date of theSE: Amendments, the Comprehensive Plan Amendments
set forth herein-shcl1 amend the City of Winter S:9t1ngs 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 ofJanuary, 2000
I':wl P. P:tr-ty\<..'\, Mayor
)
City of \\iinler Spn ngs
Ordinance ?--:o. 758 (Jal1u;Jrv [0. :znnO)
Pa~e '-1 of :>
)
)
1.-,.:-"':';-- ...:...._:'..,J0
.:,..:...1'-'1 I
:- :".Ul I hj J.....,:. 11.:_:".:..
A TTI::ST:
Andrea Lorenzo-Luace~, City Clerk
AS TO LEGAL FORM AND
SUFFICIENCY:
Anthony A. Garganese, City Attorney
Transmittal Hearing: _ N~'er:tber 9 \ 9n
Adoption Hearing: January 10. :WOO
City oi Winter Srring.s
Ordil12nce No. ,'58 (j3nu~il) 10. 20(0)
PaEe 5 of 5
)
ATTACHMENT B
)
)
COMMISSION AGENDA
ITEM A
Consent
Informational
Public Hearing X
Regular
June 26, 2000
Meeting
J1----- ~
Mgr. I ep .
Authorization
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a public hearing on Ordinance 2000-21 to consider rescinding Ordinance 758, adopted on
May 8, 2000 establishing three (3) policy statements in the comprehensive plan involving
preservation of historic and environmentally sensitive resources.
PURPOSE:
The purpose of this Agenda Item is to rescind three (3) policy statements adopted on May 8,
2000 and transmitted to the Department of Community Affairs (DCA) on May 9,2000 as a large
scale comprehensive plan amendment (DCA #00-2). The Town Center plan amendment (Ord.
2000-10) and the Public Schools Facilities Location plan amendment (Ord. 2000-09) were
adopted on a different date on April 24, 2000. Therefore, DCA views the submittal as a second
submission even though they were all transmitted on the same date, May 9, 2000, via Federal
Express Service. Rescinding Ord, 758 will reopen the second "window" for submission in
calendar year 2000. Failure to act will negate the opportunities for a second plan amendment
normally filed in August.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of ]63,3 ] 84(3)(b) F,S. which states in part: ,.,. ."Local governing bodies shall
consolidate all proposed plan amendments into a single submission for each of the two plan
amendment adoption dates during the calendar year pursuant to 163.3187 F. S."
)
CDD!JIIIlC 21, 2000/4:24 PM
)
)
June 26, 2000
PUBLIC HEARING AGENDA ITEM A
Page 2
The provisions of91-11.006(1) F.A.C. which states in part: ". . . .Proposed plan amendments,
except those discussed under the exemption provisions of Rule 9J-I1.006(1)(a) F.A.C., below,
shall be consolidated into a single submission for each of the two plan amendments adoption times
during the calendar year. . . ,"
CONSIDERA TIONS:
.
The Town Center plan amendment [LG-CPA-I-99; Ord, 2000-10] and the Public
Schools Facilities Location [ LG-CP A-4-99; Ord. 2000-09 ] plan amendment were
adopted on April 24, 2000.
.
The City Commission adopted Ordinance 758 involving three (3) policy statements (LG-
CP A-2-98, LG-CP A-3-98, LG-CP A-4-98) dealing with land conservation and resource
protection on May 8, 2000.
.
DCA staff was advised that adoption ofOrd. 758 involving three (3) policy statements
was delayed until May 8, 2000 and would not be adopted simultaneously with the Town
Center plan amendment and the Public Schools Facilities Location plan amendment.
)
· DCA informed the City that all three amendments would be considered as a single
submittal package if they were filed with DCA on the same date.
· The Town Center plan amendment, Public Schools Facilities Location plan amendment
and the three (3) policy statements dealing with land conservation and resource protection
were mailed via Federal Express Service on May 9,2000,
· On June 12, 2000, DCA advised in writing that since the amendments were adopted on
different dates, the State will view the submittal as two submittals, thereby using the City's
second "window" submittal opportunity scheduled for August, 2000,
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends the Commission hold a public hearing to consider for first reading Ordinance
2000-21 to rescind Ordinance 758 that adopted three (3) policy statements transmitted as an
adopted large scale comprehensive plan amendment (DCA #00-2) to the Florida Department of
Community Affairs. Rescinding this plan amendment (DCA #00-2) would reopen the second
"window" of submission for the year, thus allowing additional plan amendments to be adopted
later in calendar year 2000.
eDD/June 21, 2000/4:24 1'1\.,1
.)
.June 26, 2000
PUBLIC HEARING AGENDA ITEM A
Page 3
A IT ACHMENTS:
A. Ordinance 2000--21
B. Ordinance 758
C. Letter dated June 8, 2000 to Thomas Grimms, AICP from Charles Gauthier, AlCP, Chief,
Bureau of Local Planning, Florida Department of community Affairs,
COMMISSION ACTION:
)
CDD/)ulle 21, 2000/4:24 I'/\'I
L'Ef>' iJF ((.:f.ii'i t:i~-FHIf;"~ r2/.::~~.I):t~:~-~.:>~r:i
JI.I"I l~! .:lj((J Ij'j.l'j
f:".ljJ
."..
,.
. .
-:-1'. _. Q
a(l, J:JI...:' -
/
)
ST^TE OF FLORIDA
.DEPARTMENT OF COMMUNITY AFFAIRS
-Dedicated /0 makIng Florida a botter place to call home"
JIlB BUSH
Governor
51CVEN M. tlEIOmT
&oaebry
June 8, 2000
Mr. Thomas Orimms, AlCP
Comprehensive Planning/Zoning Coord.
City ofWinter.Sprihgs
1126 East Stftte Road 434
Winter Springs, Florida 32708-2799
Dear Mr. Grimms:
The Department's records reflect that the City of Winter Springs has submitted two a;dopted
comprehensive plan amendment packages for the year 2000. The ftrst amenc4nent package was llqapted' :
by Ordinance No. 2000-10 on Aprl124, 2000, and referenced'as DCA# 00-1: The second ain~dmori.t
package was adopted by Ordinance No. 758 on May 8,2000, and referenced as DCA:# 00-2. Pursuant
to Section 163.3184(3)(b), Florida Statutes and Rule 9J..ll.006(~), Florida Administrative. Code, local
governing bodies. shall consolidate all propose4 plan amendments into a Single submission for each 'ofthe
two plan.amendment a.dontion.da1es d1u:i.n&Jh.~ cal(nd8f yea(. Therefore, by adopting two separate
)ackages on.diffez:ent dates th~ City has e~usted their two adopted ro;nendmeot cycles.for the ca~endar
. . year 2000. The. City may contmue to subnut adopted amendments dunn}~ the calendar year 2000 If the
amendments meet.the exemption requirements set forth in Section 163.3187(1), Florida Siatutesand Rule
91-11.006(1)(a)7, Florida Administrative Code. .
We understand that the City may have some expectations of adopting additional plan amendments
during this calendar year that do not meet the exemption requirements of Section 163.3187(1), Florida
Statutes. If this is the case) in order to avoid any difficulties, the..City may wish to contact the Department
to further discuss their options prior to adopting any additional amendments during the 2000 calendar year..
The Department looks forward to working with the City in resolving any issues identified in this
procedural matter. Ifyou,i?elieve that the Department's records are incorrect concemiI1g thIs issue or' you
have any questions, please contaCt Shaw Stiller, at (850) 488-0410.
Sincerely yol,lIs,
CA~~ G~~
Charles R.. GauthiC1', Aler
Chief, Bnrc:au Of LOCAl P1.annin g
CRG/re
- )
1 G II e 8 11. U. MAR 0 0 A K B 0 U LEV ^ R 0 : T A'-t. l A ti ^,.ll Q E t:. ,. L 0 K I I) A , 2 ;) '.0 . ::I 1.o..k
'Phon..: a~O.."1lIL6-4!l!l/Buncom 276~B<41111.F""X:. 860,Q2.r.0761/8unoom 2Q1.0f61
. Intunet .ddr....:.http://www.dca,.t:et...tl.u~
CJUT1CAI....-r MTI ~ ,...Ul 0t'FlCl1
;v,., 0.- .~._:n~
~n.~
or::m ~ J.ooJ
~ /"\.>>1><<><0
2llIlll_o.J..~
r~ n. n:lOO-11OO .
. !i:ool...-:t)(\e
.~~
~'-"'-" Oo'<~.
T"'-"F\.'~())
~"3-"""" .
~>K)" ~ ~e.clJ.v<1"
2Ul'l ~ o,.k ~-J .
~,1'{.~2100
(lW'q) .u. 71X.O'
)
COMMISSION AGli:NDA
ITEM C
Consent
Informational
Public Hearing
Regular X
November 9, 1998
Meeting
V Ll-----'
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-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.
-)
/ 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 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."
)
.1
]'\!O\lUvil\!'Y (). Ilye):)
1<' EC U 1.;\ I;: /\(; U'! /)^ ","':M C
p{)PC 2
b
)
The provisions of 163.3 I 84( I 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."
)
The provisions of9J-11.006(1) F.A.C. which state "Each proposed amendment including
applicable supporting documents which include data and analyses shall be submitted directly to
the Florida Department of Community Affairs, Division of Resource Planning and Management,
Plan Processing Team, the appropriate regional planning council, water management district(s),
Department of Transportation and Department of Environmental Protection. Proposed plan
amendments, except those discussed under the exemption provisions of Rule 9J-11.006(1)(a)7.
F.A.C., shall be consolidated into a single submission for each of the two plan amendments
adoption times during the calendar year. The comprehensive plan submitted pursuant to Section
163.3167 F.S., shall be counted as one of the two plan amendment adoption times during the
calendar year; however, only the submittal requirements of Rule 9J-11.004 F.A.C. must be
followed. "
.I
CONSIDERA TIONS:
.
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.
.
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.
.
The City stafT is proposing to reapply for grant funds under the P-2000 Program to be
applied to acquisition of lands for public greenspace and trails throughout the Town
Center.
.I
NOVLiV1UU, 'J, ! (J<);-)
REG U L ^ I ~ 1\ G U,j l) 1\ liT iVI C
Pllge 3
Below are proposed changes to the City's Comprehcnsive Plan to address deficiencies in
the responses to the Application Section "Furtherance of Growth Management and
Comprehensive Plan lmplementation" [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 (1)(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)
J
)
There shall be no destruction of vegetative communities, wildlife and wildlife hnbitnt
of those species designated as endangered, threatened or of special concern. The
City itself shall be subj ect to this same policy statement. There shall be no
destruction of such communities and hnbitats on city owned property. Due to the
higher intensity of development envisioned for the new Town Center, the City shall
crente a Town Center Resources Protection District that will extend to nIl nreas of
the Town Center. In 1999, the City shnll develop specific Innd 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 Use
Element. NOTE: Existing Policy 1) re-designated as 2) and existing Policy 2) re-designated as 3)
New Policy 1)
-f
Historically significant cultural and a,"chaeological sitcs shall be p,"otected f,'om
developmcnt 0'" rcdcvclopmcnt nctivitics :lS dctailcd in the City's Land Dcvelopmcnt
Rcgul:ltions; By 1999, thc City shall p,'cpa,'c and maint:lin an inventor)' of
histol"ic:llly signific:lnt sites within its corpo,'atc bOllnd:lries. Thc City shall aSSlll'C
th:1l thtn~ sl1:lIl bc 110 loss of histo,'ic "CS()III"CCS Oil city-owllcd pl"Opedy. III 1999, the
City 5h:1I1 dcvclop Inorc resll'ictive lallgll:lge ill thc I:llld devclopmellt reglll:ltiolls
t',IOVIJ\'il~U\ (), i()()S
RECULAI{ A(;U,jl)^ ITUvl C
Page /1
cns\lring the protcction of historically significant C\lllll,'al and :u'chacological sitcs
f,'om development or ,'cdcvelopmenL
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)
The development of the City's new Town Center shall b.e coordinnted with all
resource protection plans oflocnl, state and federnl jurisdictions that mny exist. The
City shnll 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.
)
FUNDING:
)
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 COrnrrUssion 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 1~rACBMENTS:
Local Planning Agency Agenda Item II. C. (reviewed at the LP A November 4, 1998 meeting)
)
) COMMISSION ACTION:
')
ATTACHMENT C
)
)
CITY OF WINTEIi SPIiINGS, FLOFlIDA
1126 EAST STATE ROAD 434
WINTER srFlINGS, FLOHIDA 32700.2799
Telephone (407) 327.1000
Community Development
PLANNING & ZONING BOARD I LOCAL PLANNING AGENCY
AGENDA ITEM
II. C.
PROPOSED LARGE SCALE COMPREHENSIVE PLAN
AMENDMENTS IN RESPONSE TO THE P-2000 APPLICATION
LG-CPA-2-98
LG-CP A-3-98
LG-CP A-4-98
)
)
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 r:eceive more points this time around, new policies are proposed below that
address the P-2000 Program staff 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(l)(a-b), F.A.C.]
1
(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
)
)
RESPONSE:
)
)
'\
j
set fonh in the objectives and policy statemenls conlained in Ihe 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 propos,tl is to remove the area arollndlhe artesian springs and
wetlands related to Howell Creek from pOlenlial development and
preserve these areas in their nalllral Slate. The area encompassing the
~
..'!
springs would be designated conservation. The properly owner has
expressed and interest in developing the area for retail commercial
purposes. The City desires to find some way to purchase these lands (0
hold in public trust.
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LG-CP A-2-98) IN
RESPONSE TO (l)(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 ns endangered, threatened or of special concern. The
City itself shall be subject to this same policy stntement. There shnll be no
destruction of such communities nnd hnbitats on city owned property. Due to the
higher intensity of development envisioned for the new Town Center, the City shnll
crente n Town Center Resources Protection District that will extend to all nrens of
the Town Center. In 1999, the City shnll develop specific Innd 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
a~sist 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. 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.
(12) Docs the proposed project further comprehensive plan directives that
ensure the preservation or historical sites? 1f'so, summarize the relevilnt
objectives or policies that are furthered. Provide the numeric citation or
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 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~. 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-CP A-3-98) IN
RESPONSE TO (1)(b)12. OF THE P-2000 APPLICATION:
New Policy below to be designated as Policy 1 under Objective C, Goal 1 of the Land Use
Element. NOTE: Existing Policy 1) re-designated as 2) and existing Policy 2) re-designated as
3)
New Policy-I)
Historically significant cultural and archaeological sites shall be 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 dcvclop morc rcstrictivc language in the Innd dcvelopmcnt rcgulations
cnsuring thc protection of historically significant cultural and archacological sites
from developmclit or rcdevelol)l11eJll.
)
)
) P-2000 GRANT APPLICATION QUESTION/STATEM EN'!':
(1) Furtherance of Growth Management and Comprehensive Plan Implementtllion [Rule 9](-
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.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.
)
-J
(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 St. 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 storrnwater 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.
)
The City has in ilS Comprehensive Plan policies relaling to ensuring Ihe
preservation and improvement of the Lake Jesup ecosystem, Iha\ 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:
I. An upland buffer zone, to be a minimum width of fifty (50)
feet, shall be provided between any development activity
and the lake;
\I, 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.
\II. No direct discharge of stormwater into the lake shall be
permitted, in accordance with criteria established by the
SJR WMD.
i
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 under Objective A of the Land Use Element which states:
,I
)
Environmentally sensitive ,lreas 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-CP A-4-98) IN
RESPONSE TO (l)(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)
)
j
The development of the 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 resoun;e protection efforts of
SJRWMD for Lake Jessup and the City shall involve itself in the process for
development of the SWIM Plan and expend eflorts 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-CP A-3-98, LG-CP A-4-98 (three proposed policies) and transmittal to the Florida
Department of Community Affairs for review.
)
)
ATTACHMENT D
)
)
)
]
SlAl[ or rlORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Helping Floridiilns create silfe, vibr(lnl, 5ustilinable communities"
JEU UUSH
Governor
SlEVEN M. SUUERT
S~(!eIJ')
April 30, ] 999
The Honorable Paul P. Partyka, Mayor
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
Dear Mayor Partyka:
)
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,e 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 archacological sitcs from dcvelopmcnt or redevelopmcnt.
)
2 S 5 5 S H U '" ,\ II () 0 1\ K lJ 0 U I ( V A II D . T A I I A H ^ 5 5 ( (, r lOR I () 1\ ) 2 ) ') ') - 2 1 0 0
P It 0 n e: (II 5 0) 4 [l1J - [l ,I (, (, I S II n C "fl) 2 7 U . Il ,1 G (, r A X: IUS 0) ') 2 I - 0 7 (l I I S II n C () m 2 ') I - 0 7 IJ I
In 1 t: I n e 1 :l (J d, e s s: /1111): II \.... \v \v. S 1.11 c. fl. u '> I C (j II' .1 i i I
IlOU:IOA K('V\
I\I(-,! 01 (,:':<..1 ~I.),{' Concr'r> f ;,.Id 011.,,'
IJ?L 0,'1.'\('.1\ 11;):"........,).1. ~u;:... ! I]
r.\..)I")ll.(Ht. '10,;.1.1 )ll)':..O.]~!l
Cl;.II' \'.., .....\\r
1',....) 01 (.,I'CJI ~IJ'( CU"((:"; --:-t.; C..If/, (
10; I HI t.\...:,. ~lfr,,;', \...1..': 1':.1
i',HIO........ flo"\~1 ~~{~"'.---:','I
The Honorable Paul P Partyka
April 30, 1999
Pagc 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 that the City will not adopt the proposed amendment.
The process for adoption of local comprehensive plan amendments is outlined in Section
163.3184, F.S., and Rule 9J-l1,011, F.A.C.
Within ten working days of the date of adoption, the City of Winter Springs must submit
the following to the Department:
)
./
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 rcview of the amendment, and
pursuant to Rule 9J-ll.0l J (5), F.A.C., plcasc provide a copy of the adopted amendmcnt directly
to the Executive Director of the East Central Florida Regional Planning Council.
)
)
The Honorable P;)ul 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 comprehensivc plan by October 1, 1999. Thc
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, liBraries, 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 you I' 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. If you 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.
;iyeF Iy. j!
] mes D. Stansbury
Community Program Administrator
JDS/jg
)
cc:
Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator
Ms. Sandra Glenn, Executive Director, East Central Florida IU)C
-"
-~"':"'.. :
~~~
I.~'lst CClllml n,}I-itln
lEGIONAL
PLANNING
COUNCil
Chairman
larlY Wholey
Clerk of Courts
Osceolo County
Vice Chairman
Evelyn Smith
Moyor
City of Eustis
Secretary-
Treosurer
Corole Borlce
Governor's
Appointee
Seminole'County
Executive
Director.
Sandra S. Glenn
).
"- !
Serving
Breuard, Lnke,
Orange, Osceola,
Seminole and
Voll/sit:!
counties,
Growing Smm1er
Through Regional
Planning
1011
Wymore Rood
Suite 105
Winter Pork, Florida
32789-1797
Phone
407.623.1075
Fox 407.623.1084
Suncorn 3311.1075
Suncorn Fox
3311.10811
Emoil: eclrpc.olg
PliniC'<.lon
'''='C'/CI(:(~ ncnCf
! C'
... \(J '\
~~\
//
MEMORANDUM
W~ if @ ~ r }j~'-11'\1
E'---'-"'~ ,),/
.~- ~ t.
..1 .
l~ I;,!:;. I ... ' :'
:r.., ~ ,
,
.. .~?!-,1 B.';~-:-" -
_ pU!': pW):'.-:"" . ,. .
--'-~-"~'":.:..!::.~': . '..
DATE: Monday, March 15, 1999
TO:
D. Ray Eubanks, FDCA, Planning Manager
James Stansbury, FDCA, Community Program Administrator
FROM:
Jenifer Domerchie
Planner
SUBJECf: Comprehensive Plan Amendmentm
LOCAL GOVERNMENT: Winter Sprin~
DCA AMENDMENT 4/: 99-1
Council staff have completed a technical review of the above referenced
comprehensive plan amendnient. 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.
We have not identified any significant and adverse effects on regional resources
or facilities, nor have any extrajurisdictionul impacts been identified that would
adversely effect the ability of neighboring jurisdictions to implement their
comprehensive plans.
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.
c:
Local Government Contact: Mr. Thomas Grimms, AlCP
File
5151 Adanson Street
Orlando, Florida 32804
Telephone: (407) 623-1085
,~~r---,~
,.=-=\.-
~~".r-~
-:=1 '
;=i~~
-- '
Florida ]Jel)artment of Trans j)ortation
@
(' ~
y~S'.
,7
TIIO;>.I,\:> F. IlA JUlY, J H.
SECRETARY
JEll BUSH
GOVERNOR
Mr. D. Ray Eubanks, Planning Manager
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
r~~-~~"'l
/' -; ----.. , "~I I' ' 'I
I~.) I -.-.:..-.... .:. I '
Iii I J "" ,". . :'. '!
': IJ (;:'):-
I ~J. . . I_l~'''( 8
"/ I. I .
If'
L' -'-. -"-::--'" .
r: , t.. W' -.' .. -~"'. .
----.~~:~: .~..' . : ".~, ~ .'
April 6, 1999
.......
SUBJECT:
LOCAL GOVERNMENT:
DCA AMENDMENT NO:
Proposed Comprehensive Plan Amendments
City of Winter Springs
99-1
Dear Mr. Eubanks:
")
/
As requested in Mr. Quinn's memo recieved on February 26) 1999, the Florida Department of
Transportation has no Objections/Recommendations 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
a:wtrspcp.cov
www.cJot.stCJt8.II.uS
(:) 11.:e'(' =0 ",,0'''\
x.:;; l. .._' r-o.'
.., .,... ',' :~;:;ti'
_ \' \l,4'., I.\. 1/ .~~,..
. ,{~(:>'~j;->f~.. ~::'
<:'; .... r;f"'" ..'-:. ;...~._'
/':-- " ..). <. . :.'. . - ~':',:/~:: .>~:~,:-.
- OR A.....' . "
= ~ ':,...~.:.: ..~. ~ .:'~:!.
.._ .__.....__ .....1........;\.... .
~
o e par t III en t 0 f
Environmental Protection
Jeb 8u~h
Governor
D~vid 8. Struh~
SecreL....ry
April 20, 1999
Mr. Ray Eubanks
Plan Review and Process Team
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
~
r_ L./ .
X'~
-----
~
.-. - -..-- .- .' ..
'i' - .'
I. \ :: I;..., .
. I/)I ,- . . .
: It; / (=--..:..:....--.-. -. "
\ UU \ APr< 2 I \~~.~
L
nf',''': ~:s::
PLM.! rRO;;ES5iN~ ,E~_
RE: City of Winter Springs, 99-1
Dear Mr. Eubanks:
The Office ofIntergovernmental 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,
lfI~ ~
Marlane Castellanos
Office oflntergovemmental Programs
MC!
)
J
"rrOICCI. COIISCryC and tvln/lnp,,: F/orido's En"ironmclI( nnd No:urol R~s::J:.Jfcn"
/',.,I:CJ 011 IC(j',I,J pC;lCr.
Dt\'tSIf):... ; 1.()H./I),\ 1)1 I'J\'; ::.\1 :.:1 Of :;,^"n:
l\U:....,llu< or'nll; fl.()lut)J\ CAl1r>~::-
March 4, 1999
FWRIDA DEPARTMENT OF STATE
Katherine Harris
SeaetLlry of StLllc
DIVISION OF l-DSTORlCAL RESOU
\Y~
~ '\f'.
c:P
~.l~!( Ik-.~ 1\1 of "..1.or..; ::":r.
l no't'f.' of lh.. tnlt'Hulltr'f"O'Vt',n...H 1 'UII r_-":
All,,,lni,U.lion COIn.u"\i...,:,:.,
JlO1'wt.. ~,...J ..od \-1.. t.f , ^d~I\.c..&tUJ)' COD'\lnU-c:
~itinr; ~.-.::
[AvhlC1n 01 [\orwJ r~
Dqu..Iln\(:nl 01 R..r.rCHU::
~"'tJnCT'oI 01 U~ Enlorcc:-....c:r.
Ixp..Uncn' oj I Uv.w.y s..J<Ty oM M",o. Y<hiC-=
Department 01 Vct("'1""MU" AlJC.=.
C"!f..-.. cd II.., !....<I..I~fy
()f"-":"'-,. 01 In"p7I ..\10,......,1 HII' 1..I;Ol'u
~,,'i....iQor' 01 (Jr'{tl.of\.....
-u >.on 01 CorpoOI ~ ricn'\.)
..,ion 01 CuJh".J AJI.u)
.1ion 0' }lulorioJ ROO\.Itn~
LAv\..UOH 01 Libr.vy And InlonJ"U tlon Service.)
Divi.>Jon o/uC'cruing
Divi.s\on 01 ^d..minilt1~liv~ Sc.r-r1(U
Mr. Ray Eubanks
Department of Community Affairs
Bureau of State Plannin&
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
!
---.J
Re: Historic Preservation Review of the City of Winter Springs (99-1) Comprehensive Plan
Amendment Request
Dear Mr. Eubanks:
j
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 tex1. 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 evalua~e 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 archaeologlcal and an architectural
and historical survey to detennine 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,
)
/
R.A. Gray Illlildil1~ . 500 ~~olllh Uronou~h Slreet . Tall.1h.lsscc, F1orid~ 32399.02.50 . r,ilp:/ /www.Oheril.lge.co;TI
o IJirl'ctor's Ofli(e 0 l\rcJ'-'('olo~~;c.'l1 H.t.:se:uch (J---1-li:>toric I'fC'serv:llion 0 Hi:.loric.)1l\1u~<:\Jrn.::.
(s:.o) ';!\.';.I.;SO . 1'..\:\: .;!!/I.).'):; (S:;O) I,S7.22')') . F;\X: ,; 1-I.nO) (::..'0) ';0'/.2))) . 1',\:(: '):!.2.().\c,; (8::.0) .;~S-I"8-; . F l\.Y~ n I.)~-:l)
rJ I ti:.:o:-ic l'c:\:,,)(o1.1 l'r''''l..:rv:lIlul\ lJo,)Il..l n !';drll Ik,1ci, Hq:i(lll"d O:iicl' CJ ~~t. /\'Il:':st;:\l' l{('~;io[\...:! QUict: 0 .LHn~).l P.t"'Z"ion.~1 Offl(t"
Ui~,:.I):/;". :,:.,::",. j',\>: :,',l-,~.'.'S'.l (~f,l)~'I'}.IIi':l - L\:.: ~''''').l,:~'i, ('.IO:)S:'~,:...)::: . F:\X;f:.>.:-:'.:; (SI1}?7:'-:i;:':". ' r:\Y. 7:~~,:':::'
ik
)
I
MI. Eubanks
March 4. 1 999
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
. 163.3178~ 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 establislunent of policies, goals
and objectives for addressing known and potentially significant historical resources in Winter
Springs. _
If you have any questions regarding our comments, please feel free to contact Susan M. Harp or
Laura Kammerer of the Division's Compliance Review staff at (850) 487-2333.
Sincerely,
(/.~ a. f!uJ~."l'~
George W. Percy, Director
Division of Historical Resources
~I) ~.~.:rOl!~~J!L~;)
I~-f~c-"'-, l;C;~, -~'~)"'i
~ '.j )" '-~
:..-s.:- ~.!~ t~'~.r.~~ ~ . 2(
.~l_UJ ~_L.:.~ -
~~~1~GEMENT
DISTRICT
, lo'"y f )');111. r . !I r...l,"'.. I)..nll,..
Jolin II. Vlt~hl(). ^,',.',,;,1.'\1I1 l. "levl/"'f) D,lt,CIO,
~ Itl E. SOVt1l Shrl
Od~o, f'oM. J1IWI
407.81)1..000
1.8n.21a"6~
TOO '07.'91.\9/.0
POST OFFICE f30XII\ 2~ P ALAT1<A, FLOFlIDA 32n 0-11\29
HLE!'1I0N( 90..J29..:,oo ,.O(XH51.710r. SUNCOM 90..0&0..:,00
100 X)-4.)29....~O 100 SUNCOM 060....."=..0
fAX ((HeVlNO) J29,"25 IL<9.') J]9,,,05 (po""i,6t\<)) J29.4JI5 1^"",nh'..'ioNf""nco) J29.':.oo
SEJ\VlCE CEmEJ\5
"'17~ ()..J,ymuOo~ W)y rEJ'\).'Jnlt"G:
Svl. 102 )oS Eut ()five
J)(lI}Oll'vllh. Fk)r1dJo 321~6 MolboUme. FlotN1:a )190....
!)04.)JO,6.110 0407.9&4 """'!HO
,.'0().O\7.ISb) 1.'()().79~J164
10090........1l1../900 100 401-1n.~,:)(.a
or E rv. no.. 5:
71)) N. W<.Vu.m no.ad
Uolbo\.lf"".. nc...kh )19)~B10?
401.7~'l.J1OO
TOO 407,717,)'07
April 12, 1999
\~
~-\f
---
\J"
W[~~a:~l;H
'--:-:::~_...~-_._- -
PLf..I'; r;.:'~:...:i:~::..'::'.::. :.::
-~~.-.
'-~-
D. Ray Eubanks, Planning Manager
Plan Review and Processing Team
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee. Florida 32399-2100
r_ .
I ',:
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
recommends 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
SWIM 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..r}."
The City is encouraged to continue to seek funding for the acquisition of the natural resource-
relatecllands 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
Fivc- Year L.,and Acquisition Plan map. The cont(lc[ at SJRWMD for lanel acquisition is Ray
) Buntoll (\'. (904)329-4335.
f);)fl flOJCh. CHJdUU,l,t1
'" f(n'CAHUIIIA. u(ACII
.,dll~lIn I.'. :~O<J;,1
U _ III A...~
Kalhy Chinoy, VIC( CtlAIHUAH
POHT( ....(Oll.-l
J:lIIlC::' T. SWJnn, TA(ASUn(n
COCOA.
Olis 1.~~~on. SEC;:iAnr
~ I. ...vGu::.,....::
Gritlin t\. Groono
J.lIl\C~ )1. V-Jilli,lrn:.
P~lrjci;) T. JtJrccn
f1cicJ HL';hc~
vEnQ 0(...(11
O( -" l-".
SAil; ono
O"'J:O~:~ I;'A.C~
Also, the City's (hi~1 ;ind ;)n;llysis refers to irnplcrnent<1tion of ;\n "MC::lwicle stonnwater retention
f;)cilily" <15 part of the Town Center Area project to prevent pollulants from entering Lake Jcsup.
The Cily l11..y w;)nllO investigLltc 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
coordin<:lte this proposal with the LLk.e Jesup Restoration and Man<:lgement 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 407-893-3126/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-IMD
Marlane Castellanos, DEP
Thomas Grirnms, Winter Springs
Regina Lovings. SJRWMD
Sandra Glenn, ECFRPC
)
2
)
ATTACHMENT E
)
)
NOTICE OF TEXT CHANGE TO THE COMPREHENSIVE PLAN
CITY OF WlNTER SPRINGS
NOTICE IS HEREBY GIVEN lHAT TIIE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS Wll.L HOLD A lHIRD (ADOPTION) PUBLIC HEARING
ON TBREE (3) PROPOSED LARGE SCALE COMPREHENSIVE PLAN
AMENDMENTS TO ADD lEXT TO TI-ffi LAND USE ELEMENT AND THE
CONSERVATION ELEMENT AND lNTERGOVERNMENTAL COORDINATION
ELEMENT. THESE PROPOSED AMENDMENTS SEEK TO: FURTHER
ENSURE NO DESTRUCTION OF VEGETATION AND WlLDLIFE, LOSS OF
SIGNIFICANT CULTURAL AND ARCHAEOLOGICAL RESOURCES ON CITY-
OWNED PROPERTY, AND THAT TIIE CITY WlLL COORDINATE WITH THE
RESOURCE PROTECTION PLANS OF LOCAL, STATE AND FEDERAL
JURlSDICTIONS I IN THE PROPOSED TOWN CENTER DISTRICT.
A PUBLIC HEARING ON THE PROPOSED LARGE SCALE COMPREHENSIVE
PLAN AMENDMENTS WlLL BE HELD ON MA Y 8, 2000 AT 6:30 P.M.
)
THIS PUBLIC HEARING WlLL TAKE PLACE AT CITY HALL, 1126 EAST
STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS
MAY ATTEND AND BE HEARD.
ADDITIONAL INFORMATION PERTAlNING TO THE ABOVE MAY BE
OBTAINED FROM THOMAS GRJMM:S, AICP AT THE COMMUNITY
DEVELOPMENT DEPARTMENT - PLANNING DIVISION. FOR MORE
lNFORMATION CALL (407) 327-1800 # 303.
PERSONS WI1H DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE
RELATIONS COORDlNATOR, 48 HOURS IN ADVANCE OF THE MEETING AT
(407) 327-1800 # 236.
THIS IS A PUBLIC HEARlNG. IF YOU DECIDE TO APPEAL ANY
RECOMMENDATION/DECISION MADE BY TI-IE CITY COMMISSION WITH
RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, YOU WILL
NEED A RECORD OF TI-ffi PROCEEDINGS, AND, FOR SUCH PURPOSES,
) YOUMA Y NEED TO ENSURE THAT A VERBATIM RECORD OF TI-U:
') PROCEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED.
ANDREA LORENZO-LUACES
CITY CLERK
)
)
ATTACHMENT B
. I"':~:~/:'~ ~i~~.l~i . f,;.;:.. .::;:(~~.:;tB~:. ";,~:>'o':>" ,'. :'. .
;':.: : ;;:'~.OTICE:~OF':[,Exrr:CHANGE TO
.., ,...,."..~:...,. ~~... '.-' >..~ ,.i:,}.i~E~;'e!(j1\i~fmijE'NSlYE:::PLAN'
.:r5 :'::t.';:'icITY:6F\vINTER'S'PIDNGS
. '~J :. '. .. ,..," ..' . " \',i; .
, .
,
~. :,' .
.;.~. N.QTI9E, I~ HEREBY GIVEN THAT THE LOCAL PLAN-
:'i :,.NrNOAGENCY'OFTHE CITY OF WINTER SPRINGS WILL
~:: ~OLJ).A PUBLIC HEARING ON A LARGE SCALE CdM-
~" PREHENSIVE PLAN AMENDMENT PROPOSAL TO ADD
<: TEXT TO THE LAND USE ELEMENT AND THE CONSER-
· VATION ELEMENT'AND INTERGOVERNMENTAL COOR-
. DINATION ELEMENT, THESE PROPOSED AMEND-
': MENTS SEEK TO: FURRiER. ENSURE NO DESTRUC-
. ~. . TioN OF VEGETATION AND WILDLIFE, LOSS OF SIG-
, ....
N1F1,CANT. CULTURAL AND ARCHEOLOGICAL
.: ~SOURC.ES ON CITY-OWNED."PROPERTY, AND THAT
; ..!~ C;:ITX\VIL~'(:;9p'RDIl'{ATE WITH THE RESbURCI;:
.: ':'!PJtOTECTION:~[;ANS OF LOCAL, STATE,-AND FEDERAL
" :.';JURISPICTION~.fNTHE NEW TOWN CENTER'DISTRICT.
t. :j:. ':' .... .~; ~:~~<:M;i ' . . ". . . '., , . ,
: A: PQBLIGHJ3ARING ON THE PROPOSED LARGE SCALE
',' #.' ." "if"., ,
.~ ':COMPRE~~SIVE 'PLAN AMENDMENT BY THE LOCAL
;:: PLANNING!AGENCY WILL BE HELD ON OCTOBER 25,.
.. '. 200g~T;ioo P.M. A FIRST (TRANSMITTAL) PUBLIC;
,HEARiNG ONTHIS LARGE SCALE AMENDMENT PRO-
p6s~hvILL BE HELD BY THE Crry COMMISSION ON
" NOVEMBER 13,2000 AT 6:30 P.M.
. .'
THESE PUBLIC HEARINGS WILL TAKE-PLACE AT CITY
.' : . HALL, 1I26 EAST STATE ROAD 434, WINTER SPRINGS,
'. : . FLORIDA. INTERESTED PERSONS MAY ATTEND AND
~. " BE HEARD. ADDITIONAL INFORMATION PERTAINING
TO THE ABOVE MAY BE OBTAINED FROM THE CITY
, CLERK'S OFFICE: AT 1126 EAST STATE ROAD 434, WIN-
:~':"",;' .......'
.t TE'~.SP~INGS,,)'LORIDA.. . FOR MORE INFORMATION
J . CALL (407) 327~1800 #227.
" ~:.',,". . .
',; PERSONS WITH DISABILITIES NEEDING ASSISTANCE
.' ' TO. 'I?A.RTIqPATE IN ANY OF THESE PROCEEDINGS
:.' , ," ",. ~ . ~ t- ~ '. " . - .
':': ,SHOULD"~;'9qN:rAGT THE EMPLOYEE RELATIONS
,~; .,'DEPARTMEN1>COORDINATOR. 48 HOURS IN ADVANCE
1::1 . OF. rHE MEETING AT (407) 327-1800 #236.
~ . :.. , . ".:, .'"." .... ,', . i
'~~~, . I, ' ' ,,". ,.; ,
l TH{~IS':A ,PUBLIC HEARING, IF YOU DECIDE TO'
. ~1. :'AP~EALANY RECOMMENDATION/DECISION MADE BY
:0 ':tHE'htOCAL: PLANNING AGENCY OR CITY COMMIS-
,I;" I ". .
· ..r. : SION WITH RESPECT TO ANY MATTER CONSIDERED AT
"~,:'-THIS MEETING,'VOU WILL NEED A RECORD OF THE
~' ::'PROCEEDINGS, AND, FOR SUCH PURPOSES, YOU MAY
~ : NJ::EP TO EN:SURE THAT A VERBATIM RECORD OF THE
~: ::PROCEEDINGS IS MADE UPON WHICH THE APPEAL IS
. . . . .;:.~ :ftfi3E BASED:.' '..; .
-r',:~' ',I (
<',; j.~
~ (.,:" 6REA LORE -LUACES
.'" ::;' '~'.',;, .CIlY CLERK
..
. ~.J ,
-'-. " ~~ '. ,.... "'. ,..;., .
~
~
i'
I.,
<,