HomeMy WebLinkAbout2001 03 26 Public Hearings E Second Reading - Ordinance 2001-26 SWIM Plan
~
:,
COMMISSION AGENDA
ITEM
E
Consent
Informational
Public Hearing X
Regular
March 26, 2001
Meeting
~Attor I ~
Authorization
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a public hearing for second reading of Ordinance 2001-26 to adopt the large scale
comprehensive plan amendment (LG-CPA-2,3,4-98) that would add three (3) new policy
statements (LG-CP A-2-98 in the Conservation Element; LG-CP A-3-98 in the Land Use Element;
LG-4-CP A-98 in the Intergovernmental Coordination Element) to the Comprehensive Plan.
PURPOSE:
The purpose of this Agenda Item i~ to request the Commission hold a public hearing for second
reading and adoption of Ordinance 2001-26 to ensure (1) preservation of the City's vegetative
and wildlife habitat of species designated as endangered, threatened or of special concern,
significant cultural and archeological resources; (2) coordinate with the resource protection plans
oflocal, 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 Florida Statutes Chapter 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,
CDD/March 19,2001/3:41 PM
MARCH 26, 2001
PUBLIC HEARING AGENDA ITEM E
Page 2
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 of 166.041(3)(a) which state in part: "Except as provided in paragraph (c), a
proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10
days prior to adoption, be noticed once in a newspaper of general circulation in the municipality,"
CONSIDERA TIONS:
. The purpose of this request is to go through the large scale plan amendment procedure
again with these previously reviewed proposed plan amendments (3), Due to Joshi &
Associates as the then Town Center Master Developer not wanting these plan
amendments adopted back the, and later, to the need for the City Commission to rescind
these proposed large scale plan amendments 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.
. The Local Planning Agency reviewed these proposed plan amendments in 1999 and
recommended approvaL
. The Florida Department of Community Affairs made no objections, recommendations or
comments its ORC (Objections, Recommendations, and Comments) Report issued on
January 26, 2001.
. The Local Planning Agency at its March 7, 2001 meeting reviewed the ORC Report,
noting that there were no comments from DCA on the proposed amendment, and made its
recommendation to the City Commission.
. On March 21,2001, the Commission approved the first reading of Ordinance 2001-26 to
adopt the large scale comprehensive plan amendment (LG-CP A-2,3,4-98) that would add
three (3) new policy statements (LG-CPA-2-98 in the Conservation Element; LG-CPA-3-
98 in the Land Use Element; LG-4-CP A-98 in the Intergovernmental Coordination
Element) to the Comprehensive Plan.
CDDlMarch 19, 200l/5:11 PM
MARCH 26, 2001
PUBLIC HEARING AGENDA ITEM E
Page 3
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-CPA-2-98, LG-CPA-3-98, LG-CPA-4-98 and
raised no objection to the proposed amendments in their ORC Report issued
January 26, 2001.
FISCAL IMPACT:
None,
IMPLEMENTATION SCHEDULE:
A public hearing for second reading and adoption of Ordinance 2001-26 is scheduled for
March 26, 2001. The ordinance would become effective after 21 days of the issue of "Notice of
Intent" by the Florida Department of Community Affairs to find the large scale comprehensive
plan amendment in compliance. [ref.: 163.3184(10)(a) F.S.]
STAFF RECOMMENDATION:
Staff recommends the City Commission hold a public hearing for second reading and adoption of
Ordinance 2001-26 to adopt the 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-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.
COD/March 19,2001/3:41 PM
MARCH 26, 2001
PUBLIC HEARING AGENDA ITEM E
Page 4
LOCAL PLANNING AGENCY RECOMMENDATION:
The Local Planning Agency at its March 7,2001 meeting recommended the City Commission
approve Ordinance 2001-26 to adopt the 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-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.
ATTACHMENTS:
A. Ordinance 2001-26
B. Local Planning Agency Agenda Item II. I.
C. City Commission Item P Public Hearing November 13, 2000 for transmittal ofLG-CPA-
2,3,4-98 Plan Amendment (Original Data & Analysis Submission to the Florida
Department of Community Affairs,
D, Ad in Orlando Sentinel
COMMISSION ACTION:
CDD/March 19,2001/3:41 PM
ATTACHMENT A
/'
"
ORDINANCE NO. 2001-26
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE
COUNTY, FLORIDA, ADOPTING THREE (3) LARGE SCALE
COMPREHENSIVE PLAN PROPOSALS (LG-CP A-2,3, 4-98) TO ADD TEXT
TO THE LAND USE ELEMENT AND THE CONSERVATION ELEMENT
AND INTERGOVERNMENTAL COORDINATION ELEMENT WHICH
SEEK TO FURTHER ENSURE NO DESTRUCTION OF VEGETATION AND
WILDLIFE, LOSS OF SIGNIFICANT CULTURAL AND
ARCHEOLOGICAL RESOURCES ON CITY-OWNED PROPERTY, AND
THAT THE CITY WILL COORDINATE WITH THE RESOURCE
PROTECTION PLANS OF LOCAL, STATE, AND FEDERAL
JURISDICTIONS IN THE NEW TOWN CENTER DISTRICT; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCORPORATION INTO THE COMPREHENSIVE PLAN; AND
PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENDMENTS.
WHEREAS, section 163.3161 et. seq., Florida Statutes (1987) established the Local
Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures in chapter 163, part II, Florida Statutes, on the
proposed Comprehensive Plan amendments and DCA's ORC Report and considered findings and
advice of staff, citizens, and all interested parties submitting written and oral comments and has
recommended adoption to the City Commission; and
WHEREAS, on November 13,2001, the City Commission of the City of Winter Springs
City of Winter Springs
Ordinance No, 2001-26
Page I of 5
held a duly noticed public hearing on the proposed Comprehensive Plan amendment and considered
findings and advice ofthe Land Planning Agency, staff, citizens, and all interested parties submitting
written and oral comments, and after complete deliberation, approved the amendment for transmittal
to the Florida Department of Community Affairs; and
WHEREAS, on January 26, 200 I, the Florida Department of Community Affairs issued its
Objections, Recommendations, and Comments Report ("ORC Report") to the City and made
recommendations to bring the subject Comprehensive Plan amendments in compliance with Rule
9J-5, Florida Administrative Code, and Chapter 163, Part II, Florida Statutes; and
WHEREAS, the City Commission and the Land Planning Agency have evaluated the ORC
Report and have accepted the recommendations 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 compliance with Rule 9J-5,
Florida Administrative Code, and Chapter 163, Part II, Florida Statutes; and
WHEREAS, pursuant to section 9J-11.006, Florida Administrative Code, this
Comprehensive Plan amendment will not cause the City to exceed its twice yearly submittal
allowance for comprehensive plan amendments; and
WHEREAS, on March 26, 2001, the City Commission of the City of Winter Springs held
a duly noticed public adoption hearing on the proposed amendments set forth hereunder and
considered findings and advice of the Land Planning Agency, staff, 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
City of Winter Springs
Ordinance No. 2001-26
Page 2 of 5
complete deliberation, approved and adopted the proposed amendments hereunder; and
WHEREAS, the Comprehensive Plan amendments adopted by this Ordinance comply with
the requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act and the amendments are in the best interests ofthe public health, safety, and welfare
of the citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPIUNGS, HEREBY ORDAINS AS FOLLOWS:
Section 1.
Recitals.
The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2.
Authority. This Ordinance is adopted in compliance with, and pursuant
to, the Local Government Comprehensive Planning and Land Development Regulations Act,
sections 163.184 and 163.187, Florida Statutes.
Section 3.
Purpose and Intent. It is hereby declared to bethe purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City
of Winter Springs' Comprehensive Plan.
Section 4.
Adoption of Amendments to Comprehensive Plan.
The City of
Winter Springs' Comprehensive Plan, Conservation Element, Land Use Element, and
Intergovernmental Coordination Element, is hereby amended by adding three (3) policy statements
to said element of the City's Comprehensive Plan, which are attached as Exhibit "1 ", and fully
incorporated herein by this reference.
Section S.
Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and
City of Winter Springs
Ordinance No, 2001-26
Page 3 of 5
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6.
Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 7.
Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendments adopted by this ordinance, said Amendments shall be
incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph
number or letter and any heading may be changed or modified as necessary to effectuate the
foregoing.
Section 8.
Effective Date and Legal Status of the Plan Amendments. The effective
date of the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final
order is issued by the Florida Department of Community Affairs, or the Administration Commission
finding the Amendments in compliance with section 163.3184, Florida Statutes. No development
orders, development permits, or land use dependent on these Amendments may be issued or
commenced before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, the Amendments may nevertheless be made effective by adoption of
a resolution affirming its effective status. After and from the effective date of these Amendments,
the Comprehensive Plan Amendments set forth herein shall amend the City of Winter Springs
Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status
of the City of Winter Springs Comprehensive Plan, as amended.
City of Winter Springs
Ordinance No, 2001.26
Page 4 of 5
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 261h day of March, 2001.
Paul P. Partyka, Mayo;!',
A lTEST:
- uaces, City Clerk
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY FOR THE CITY OF
WINT NGS ONLY:
torney
March 21, 2001
First Reading:
Second Reading: March 26, 2001
Effective Date:
F:\DOCS\City of Winter Springs\Ordinances\Preservation -- Large Scale Text.kj
City of Winter Springs
Ordinance No,200 1-26
Page 5 of 5
EXHIBIT 1
A) LG-CI'.-\-2.-93 (Col1servalion f.lemel1l), A new Policy:> is hereby addeci under
Objective C of the Conservation Element as ((,Uo\',;s,
Policy 3)
There shall he no destruction of vegetative communities, wildlife and wildlifc....babitat
of those species designated as endangered, threatened or of special concern. TlTe City
itself shall be subject to this same policy statement There shaH be no destruction of
such communities and habitats on City owned property. D':le to the higher density of
development envisioned for the new Town Center, the City shall create a Town
Center Resources Protection District that ,'Iill extend to all areas of the Town Center.
In 2002 ~e City shall deveiop specific Ia.,d development regulations that will ensure
resource protection within the Town Center.
Conforming Amendmelzes: 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-CP A-3-98 (Land Use Element). A new Policy I is hereby added under Objective
C. Goal 1 of the Land Use Element as follows:
Policy 1)
Historically significant culturai and archaeological sites shall be protected from
development or redevelopment acitvitics as detailed in the City Land De\'elopment
Reb'Ulations. In 2002 ,the City shall prepare and maintain an inventory of historically
significant sites within its corporate boundaries. The City shaH assure that there shall
be no loss of hi.storie resources on city-owned property In 2002, the City shaH
develop more r~rictive language in the Land Development Regulations ensuring the
protection of historically significant cultural and archaeological sites from
development or redevelopment.
COlifortning Amendments: Existing Poticies 1 and 2 ~hall be redesignated as Policy 2 and
:> resp(~ctively,
C) LG-CJ>A-4-98 (lntergovemmcnt.:Ll Coordil\atiQn Element). A new Policy 4 is nereb}'
added under Objective C of the Intergovernmental Coordination Element as follows:
In :lOO~',the City shal: develop language in the City's Land DevelojJment Regulations
ensuring the developmeP..t ofthc City's new Town Center shall be coorclinated with
all resource protection plans of local, !:tate and federal jurisdictions that may exist.
The Cil'y shall coordinale W'ith the resource r>..ot~ction effo;1s of sm WMD for Lake
Jessup and thl; Cit)' shaJ! involve il$clf in th~ process for development of the SWDvl
Plan or a similar plan
ATTACHMENT B
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 REGULAR AGENDA ITEM:
II. I. CONSERVATION & RESOURCE PROTECTION SITE
LARGE SCALE PLAN AMENDMENT (LG-CP A-2,3,4-98)
STAFF REPORT:
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163,3174(4) Florida Statutes which state "Be the agency (Local
Planning Agency) responsible for the preparation of the comprehensive plan or plan
amendment and shall make recommendations to the governing body regarding the
adoption or amendment of such plan. During the preparation of the plan or plan
amendment and prior to any recommendation to the governing body, the Local Planning
Agency shall hold at least one public hearing, with public notice, on the proposed plan or
plan amendment."
The provisions of Sec. 20-57 of the City Code which state in part ". .the planning and
zoning board shall serve as the local planning agency pursuant to the county
comprehensive planning act and the local government comprehensive planning act of the
state. , ."
It is City Administration policy that the applicant must provide the data, inventory and
analysis in support of the proposed comprehensive plan amendment and provide the
response to the ORC Report.
APPLICANT:
OWNER:
CitY...QfWinter Springs
1126 East S.R. 434
Winter Springs, FL 32708
N/A
LOCAL PLANNING AGENCY
March 7, 2001
Conservation & Protection Plan Amendment
LG-CPA-2,3,4-98
Page I of3
REQUEST:
For the Local Planning Agency to review and recommend adoption of the plan amendment
LG-CPA-2,3,4-98.
PURPOSE:
To ensure (1) preservation of the City's vegetative and wildlife habitat of species
designated as endangered, threatened or of special concern, significant cultural and
archeological resources; (2) coordinate with the resource protection plans oflocal, state
and federal jurisdiction in the development of the Town Center, and (3) particip~te in the
development and management practices of any SWIM Plan or similar type plan by
agencies.
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT (ORC) FROM
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAffiS:
The Florida Department of Community Affairs did not comment in its ORC Report on these plan
amendments,
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
January 26,2001.
STAFF RECOMMENDATION:
Based on the Findings, staff recommends the Local Planning Agency make the following
recommendation to the City Commission:
LOCAL PLANNING AGENCY
March 7, 2001
Conservation & Protection Plan Amendment
LG-CPA-2,3,4-98
Page 2 of3
That the City Commission hold a second (adoption) public hearing and adopt the plan
amendments (LG-CPA-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. .
ATTACHMENTS:
1. Text of Plan Amendments in Ordinance 758.
LOCALP~GAGENCY
March 7. 2001
Conservation & Protection Plan Amendment
LG-CPA-2,3,4-98
Pagc 3 of3
ATTACHMENT 1
J _ :_', :;u ~.:l.:":, ',:_',
..: i
I::: .. '.. >._' l,J.:". ': " .
)
ORDD'i.-\~C~~ NO. i58
AN ORDKNANCE OF TeE CITY OF WI]'lTER S.PRlNGS, SEMINOLE
COUNTI', FLORIDA, RELATING TO COMPREHENSIVE PLANNING;
SETTING FORTH AND ADOPTING THREE (3) LARGE SCALE
COMPREBENSNE PLAN TEXT AMENDMENTS REFERENCED AS LG-
CPA-2-98, LG-CPA-3-98, AND LG-CPA-4-98 WHICH SHALL AlV1END THE
COMPREHENSrVE PLAN BY ADDING THREE POLICY ST A TEME~TS
RELATf.1'lG TO LA1"1> CONSERVATION Ai'W RESOURCE PROTECTION;
PROVIDING FOR THE REPEAL OF PRIOR L'lCONSISTENT
ORDINANCES AND RESOLuTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE
PLA1~; AND PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF
THE PLAN AMENDMENTS.
WHEREAS, section 163.3161 et. seq., Florida Statutes (1987) established the Local
Government Comprehensive Planning and land Development Regul?tion Act; and
WHERE.JlS, se:;tion 163.3167, Florid;l Statutes.. requires e~ch municipality in the State of
Fie-ride to prepare; and ~dopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
)
'VBEREAS, 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 further.ance of, section 163.3167(11). Florida Statutes, the
City Commission of the City of Winter Springs, through a collaborative planning process with
meaningfill public participation, desires to adopt three new comprehensive plan policies (LG-CP A-2-
98:.LG-CPA-3-98; and LG-CPA-4-98) which a.re intended to: (1) preserve vegetative and wildlife
habitat. of species designated as endangered, threatened or of spe6aI concern and significant cultural
and archaeological resources; (2) provide coordination through the resource protections plans of
loeal, state and federal jurisdictions in the development of the Town Center~ and (3) provide
participation in the development and management practices of any SWIM Plan or similar type
government agency plans; and
W flEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing, in acco:-dance with the procedures in chapter 16:1, part II, Florida Statutes, on the
proposed Comprehensive Plan amendments and con$idered findings and advice of staff, citizens, and
all interested parties submitting written and oral comments and has recommended adoption to the
City C:oHul1lssion. and
WHEREAS, on November 9. 1990. tilC (it:. Commission of the City of Winter Springs held
a .July noticed public hearing 0n the proposed Comprehensive Plan amenciment and considered
findings and ad"icr~ ofstat1'. citizens, (U1d ;1I1 intc:-estcci paJ1i~~:; suornJliing w,ittcn 2.nd oral comments,
and alter complelQ: deliber(J(i~)I1. appro\.r;(! ~he i.l1ltlldrncni for lral15!llillaJ 10 the florida Department
of Community I\Jf:!Lrs. illle
"I .- ('I ~> :_.~_.l_.';'"
'-.'1'
~.' .. .
WHEREAS, on April 30. 1999, the Florida Department of Con1.'1lI..inity Affairs issued its
Objections, Recommendations, and Comments Repo~ to the City and found the subject large scale
Comprehensive Plan amendments consistent with Rule 9J-5, Florida Administrative Code, and
Che:pte:- 163, Part lJ.., 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
Comprehensive 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 COrrmllssion of the City of Winter Springs held
a duly noticed public adoption hearing on the proposed amendments set forth hereunder and
con~;dered findings and advice of staff: 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 Govenunent Comprehensive Planning and Land Development
Regulation Act and the amendments are in the b.est interests of the public health, safety, and welfare
ofr.he citizens of Winter Springs, Florida.
NOW, TffEREFORE, 8E IT ORDAINED BY THE CITY COlVlM1SSION OF THE CITY OF
. W1INTER SPR.lJ\GS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
~cti()n 1. Recitals.
herein by this reference.
The foregoing recitals are true and correct and are fully incorporated
SeoCtion 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the
Local Government Comprehensive Planning and Land Development Regulations Act, sections
16J.IR4 and 163.187, Florida Statutes.
fu;.-tli.Q.n....J. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to c1a.rifY, expand, correct. update, modif)1 and otherwise further the provlsions of the City
of Winter springs' Comprehensive Plan.
~tli9n 4. Adloption of Text Amendment to Cornpreheusivc Pia n The City of Winter
Springs' Comprehensive Plan is hereby amended as follows:
)
A) LG-CPA-2-98 (Conservation Flement). A new Policy) is hereby added under
Objective C of the Conservation Element as fc,Uow$
Cil~. of \VWIC. Sprill!;s
Ordill;mce No. "1)1) (.I;llllJ;tr~. ill. ~11()1))
Pa!:c 2 or )
l -',-I _ -. ..~.,_.',~_~
.. I. ~... .
. "
Policy 3)
There shall be no destruction of vegetative communities, wildlife a.nd '.vildlife habitat
of those species d~signated 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. To\VIl
Center Resources Protection District that will extend to all areas of the Town Center
In 2000, the City shall deveiop specific Ia..,d development regulations that will ensure
resource protection within the Town Center.
Conforming Amendmel1ts: 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-CP A-3-98 (Land Use Element). A new Policy I is hereby added under Objective
C, Goal 1 of the Land Use Element as follows:
)
Policy I)
Historically significant culturai and archaeological sites shall be protected from
development or redevelopment acitvities as detailed in the City Land Development
Rebrulations. In 2000, the City shall prepare and maintain an inventory of hist.orically
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 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 Poticies 1 and 2 shall be redesignated as Policy 2 and
3 fI~spectively.
C) LG-CPA-4-98 (Intergovemmental Coordination Element). A new Policy 4 is hereby
added under Objective C of the Intergovernmental Coordination Element as follows:
)
In 7000, the City shall develop language in the City's Land Development Regulations
ensunng the development of the City's new Town Center shall be coordinated with
all resource protect.ion plans of local, ~:tal.e and federal jurisdictions that may exist.
The Cir:' shall coordinate with tht? resource Pfotection effoi1s of SJR WIvID for Lake
Jessup and the City shal! involve itselfin I.h8 process for development oCthe SW.Q'vi
Plan or 3 similar plan
(,t:, <ll \\'lfllC; ~pnn~).s
C)rd.il\;HICC '!o '::ii) 1,.hl\llar\" : (I. :.1)lXl)
P;l~:;'; ) oi" :)
. I :- 1-.1.);: '" ....: I r ::. I" : ;.
CO/lformin.~ AlTle"dlll-C/l(S: None
llition~. Transmitl:U to the Department of Community Affairs The City Manager or his
desi.gnee is hereby designated to sign a letter transmitting these adopted Comprehensive Plan
A..'11endments to the Florida Department of Community Affairs, in accordance with section
163.3137(1)(c)(4), Florida Statutes, and section9J-ll, Florida Administrative Code.
llitiol~. Repeal of Prior Inconsistent Ordjnan.c~ and Resolutions. All prior inconsistent
Ord1!lanCeS and resolutions adopted by the City Corrunission, or pans of ordinances and resolutions
in conflict herewith, are ~ereby repealed to. the extent of the conflict.
~.tiOIl.1. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural) or any other reason, such portion shall be deemed
a sepa::-ate, di"stinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
s.cr~. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendlnents adopted by th:.s ordinance, said Amendments shall be incorporated
into thoe City of Winter Springs Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
)
~~n..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 COnmllssion finding the Amendments in
compliance with section 163.3184, Florida Statutes. No development orders, development permits,
or land U$e dependent on these Amendments may be issued or commence before it has become
effective. If a fi~al order of noncompliance is issued by the Administration COnmllssion, the
Amendments may nevertheless be made effective by adoption of a resolution affinning its effective
sta.tus. After and from the effective date of these Amendments, the Comprehensive Plan Amendments
set. forth herein .shall amend the City of Winter S:?rings Comprehensive Plan and become a part of that
plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive
Pian, 3S amended.
ADOPTED by the City Conunission of the City of Winter Springs, Florida, in a regular
meeting a~~mbled on the 10th day of January, 2000
1'3uf P. P:lI-ryk.'\, Mayor
)
Cirv Qf \Vinlc! Spn'1?5
Ordiluncc ~o. 7SS (j3I\\I;JrV \0. :!r)()(J)
PiJ~(; (~ OJ- :)
ATTACHMENT D
. - -. ........ --- . - .. '- . -. -. '- ~"'~ ~'"'c IV'N-, L..U"'''\.) MAt"' I MAtI-I\,; CIRCULATION
ELEMENT MAPS AND TEXT AND ADDITION OF POUCY STATEMENTS FOR CO"i>JSERVATION
AND RESOURCE PROTECTION. . ,.... .
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WI.NTER SPRINGS PROPOSES. ,.
TO ADOPT THE FOI,lOWING ORDINANCES TO CHANGE THE FUTURE LAND USE MAP DESIGNATIONS:
~ ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.'ADOPTING A LARGE <:. .
SCALE COMPREHENSIVE PLAN AMENDMENT (LS-CPA:1..o0) CHANGING THE FUTURE lAND. USE MAP ::
DESIGNATION FROM (SEMINOLE COUNTY) "SUBURBAN" ESTATES" TO (CITY OF WINTER SPRINGS) ,
.GREENEWAY INTERCHANGE DISTRICT" ON'THE 67.85 ACRE PARCEL (AKA THE ELIZABETH MORSE. -
=OUNDATION PROPERTY) LOCATED ON THEWEST SIDE OF S.R. 417 "THE GREENEWAY", NORTH OF S.A. _
~34, . SOUTH OF LAKE JESSUP AND EAST OF SPRING AVENUE; PURSUANT TO 166.041 FLORIDA
3TATUTES: PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. (SEE MAP "A" RELAT.
NG TO Tli~S AMENDMENT)' .
\N ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA ADOPTING A LARGE .
,CALE COMPREHENSIVE PLAN AMENDMENT (LS-CPA-4..o0) CHANGING THE FUTURE LAND USE MAP ,.
JESIGNATlON FROM "MIXED USE" TO THE NEW "TOWN CENTER" DESIGNATION ON AN 18+/- ACRE PAR- . "
;EL LOCATED ON THE WEST SIDE OF THE FOOT RETENTION BASIN JUST EAST OF THE U.S. POST :::
JFFICE ON THE SOUTH SIDE. OF THE CURVE ALONG S.R. 434; PURSUANT TO 166.041 FLORIDA '
. ;TATUTES: PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. (SEE MAP "B" RELAT- , :.
NG TO THIS AMENDMENT)
IN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA ADOPTING A LARGE
;CALE COMPREHENSIVE PLAN AMENDMENT (LS-CPA"S-OO) CHANGING THE FUTURE. LAND USE MAP ~:
lESIGNATlON FROM 'MODERATE DENSITY RESIDENTIAL" (3.6 - 6.5 DU PER ACRE) AND "CONSERVATION" ,;.
.0 THE NEW "TOWN CENTER" DESIGNATION ON AN APPROXIMATELY 34.64 ACRE PARCEL LOCATED ON !
.HE WEST SIDE OF TUSKAWILLA ROAD ACROSS FROM THE FORMER HI-FLAVOR MEAT PLANT BOUNDED , ';
IN THE NORTH SIDE BY MILKY WAY AVE. AND ON THE SOUTH SIDE BY OAK FOREST UNIT 7 SUBDIVISION. :
SEE MAP "C' RELATING TO THIS AMENDMENT)
oN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA DOPTING AN EMER-
lENCY LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LS,EM,CPA-1..o1) CHANGING THE FUTURE '~
AND USE MAP DESIGNATION FORM 'COMMERCIAL" TO THE "MEDIUM DENSITY RESIDENTIAL" DESIGNA- . ~.
JON ON AN APPROXIMATLEY 36.21 ACRES LOCATED ON THE NORTH AND SOUTH SIDE OF S.A. 434 AND.: '.
IN Tl:lE EAST AND WEST SIDE OF MOSS ROAD IN GENERAL PROXIMITY TO THE S.R: 434 AND MOSS :
lOAD INTERSECTION. (SEE MAP "0' RELATlNG.TO THIS AMENDMENT) . . :
.N ORDIANCE OF THE CITY. OF WINTER SPIRNGS, SEMINOLE COUNTY, FLORID~ AoOPilNG A CHANGe; ,.
IF ZONING (REZ-3-01) CHANGING THE ZONING MAP DESIGNATION FROM C-1 "NEIGHBORHOOD COM- . _.
IERCIAL"..TO ZONING DESIGNATION R-3 "MULTI-FAMILY.DWELLlNG' DISTRICT'ON APPROXIMATELY 35' ;
CRES LOCATED IN AND AROUND THE INTERSECTION OF MOSS ROAD AND STATE ROAD 434 (SEE MAP ::
::" RELATING TO THIS ~EZONING). . , ;
N ORDINANCE OF.THE.CriY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDAADOPTlNG'A SMALL
CALE.COMPRHENSIVE PLAN AMENDMENT"{SS-CPA;2_01) CHANGING THE FUTURE LAND USE MA DES- .
lNATlON FROM (COUNTY) "COMMERCIAL", 'INDUSTRIAL", AND "LOW DENSITY RESIDENTIAL" TO (CITY) , .
.ESIGNATION "INDUSTRIAL" ON AN APPROXIMATELY 6.2 ACRES LOCATED ON NURSERY ROAD JUSr,t:-:
~,T <:F. ~~.17/92.(S~E MAP 'F" RELATING TOTH.IS AMENDMENT) . .,
N 'OROtNmCE OF .THE CITY. OF WlmEf{Sp.RINGS, SEMi~oLE COUNTY, fLORI~:.\'~~OPTING A CHANGE ;'.
. IF.~qN!N(f.(REZ"2..o.1I.CI:iANGIt.!G THE.;ZONING MAP DESI!3t:1ATION FROM (COUNTY) C-2:'RETAJL COM- .:
IERq~(:~'"GEN~COM~ERC~ & WHOLESALE"! R;1'A "~INGLE FAMILY DWELLING" TO (CITY) .
ONING.DESIGNATlON.C-2 ~GENERAL COMMERCIAL & INDUSTRIAL". DISTRICT ON APPROXIMATELY 6.2 .
qRE~.IiOcAT.ED ON-~U~SERY ROAD JUST EAST OF U.S: 17/92 (SEE ~ ~G: RELATING TO THI~RE?ClN-. .
l:Wd./:\; :jf.\i. .:; ;~; \~'_.~.~.':. ;' ;' . :. ~~~~":,' _ :':'. . ~:,~;: g~:l' '1.'.t~~l~P~~'._::.,. . '! ~:. I: "'~. "'. .. '. .';: ~. . .' ~..
~~PRR!NANC~ OE:.Tf.i(clTY Of WINTER $~flli-!GS':SE.MiNOtE COU.NTY...F,LORIDKAPOP.J1NG A LARGE:i ~.
~.C9NPI!l'HEt!~,/YE Pl/'N .AMENDI>1Em(I,S,cPA-6-00) WHICH.WOULDCOMPIEfELY.JlEPLACE THE' ..:
=N :AN.~i.~S I~ l1;IE. TI:\AFFIC CIR<?ULATl9N ,!=t...;MENT IN V,?WME 1 OF 2 AND 2 .OF ~ . \ :.<:. . . ...,: :
rt.9RQ!~C~PF.,THF CITY OF WI~.SPRllijGS: SEMINOLE GOYNT'l; FLoFl.i.OA AD6.P.tIN(3.;iHR~E;(3).:;;
\ijGE:-:SCA!:E'CQMPFJEHENSIVE PlAN.AMENDMENT PROPOSALS (lG-CPA"2.3.4-98) TOADp..1E?'T TO I .'
iFJ,Al-:ID.,USE E~ENT ANDTHE,CONS.ERVATlON ELEM~.ANDI\'lTER<,30Y!=RNI.1ENTALGQ9RDINA, .;;
9NELEMEN1>THESE PROPOSED AMFNDMENTS SE~ TO:'F.URTHERENSURENO DESTRUCT/Ot{qF,: .:
::.GETATI.ON AND WILDLlFE..LOSS Of SIt:jNIFICANT CULTURAL .ANO ARCHEOLOGICt'J, RESOURC~S:ON., ..: .
I1Y:OWNED PROPERTY, AND. THAT THE CIT)' WIll CO()RDlNATE WITH THE. RES.QURCE PROrECT/ON,.:
'~S OF LO~. STATE. ANDFEbERAl'.JURJSDICT/O~S.lrilTHE NEW>TOWN GENTER DISTRICT. _,.,'.... ...' '
" ~.,.:. ..:...., :, '.',.;-, '" . ";. ,(, ~,:,'.,'.'.',:::.. ..~.'~.."". ....~ ,". ..... ~~ .,~ "':."', ;'" .'~..", .... . "..
1.e::cijY;.P9MMi~SI0~:,WiU;~OLD ,.,: FIRST.~i00i~~:6F:Tji.~ABOVEo~DiNANCE~ Oi.i MARCH .21.2091... !. I
~5.:o<rf,/.!l;Y~p: 'NI~:HOLD ^..S~CON.o (AD?!'1:!~N). \!J..~l,I9, ~~'NG. Of":ol Tl:!E,AB()VE ~;lR?I.~p~. ON . .: I
m~.~~~:~~t~F~:.~.~'1:~~ ,.-. .'.:. .::..:,.. ..;:..:~":"\;i.;< .. ;<.;";."'.;::...' . ..;~~;::,':..'.: :" . ~l..
~s.I;~~iJ.t;lt!c::;'H!W!INC;>S..wIl..L .T~..f'LA,CE;~i,cn:v twi,;. .1126:E1\~T STA,TE}lQAD:.434i'y.IJ.NreR: :
l~~NWRJ~A:\~~E~ PER~~NS. MAY A~EN~:~() BE .HEARD. ':. '. ....; . '.. . : ..~. .:~..:., i:
~~~~6.~;%~.~~~?~~~~%G~}~~;~*t:~8~1;;~.~~:;~~P: F.:~~T~:E ~~7~~ .f; ~:S;;'. I
~QNS.,y.'qH DI~IUJlES NEEDING ASSISTANCE T9, Pt'JlJ1C,Ir~T5(lN'~OF.JHESE.PRqCEEDINGS , .; . I
.!?1AP.i~.wA~:~:~~~ RESOURC7~ G~ORDIw.;~O~:'V'~~o?-rs~~.~eY:t1f OF Jrif ~E~N~ I :. I
~.#~~1rfP::Y()p D~C'IQ~1b:APFflW~Y'RkcOM!.1ErilciJ\'H6~~k6lsidl;:W;E:B?:fb~t 2.:;'.. . I!.
ITCOMMISS1~CT'TCrli:NV MATTE!fl'CONSIDE~S:"MEf!!rINO~.yOtrvJttL-NEED.A '. a'-"_~ i
;Y.I~~q,Qf.T\"l~.f'RO~~[)IN~S, A/'lPjI5RR:~UCH.P\JRPOSE~,.yOU. :MAY ~~~[M.q:~NS!,J.R. qHA. . T A,vER- ~.
\'ri~REGORR9f ~E PROC~EPIf'!.GSI~;~E UPON WI:l'CH: THE:APPEA~.I~ JQ.~F ~AS.E!~: . _
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ATTACHMENT D