HomeMy WebLinkAbout2005 09 12 Public Hearing Item 409
CITY COMMISSION
ITEM 409
Consent
Information
Public Hearin
Re ular
x
September 12, 2005
Meeting
MGR.
IDEPT
Authorizatio
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a Public Hearing for Second Reading! Adoption of a Large Scale
Comprehensive Plan Text Amendment for Ordinance 2005-12 (referenced as LS-CPA-05-07),
which amends the Conservation Element and the Future Land Use Element relating to upland
wetland buffers.
PURPOSE: The City of Winter Springs is initiating the request for a Large Scale
Comprehensive Plan Text Amendment to revise language in the Comprehensive Plan related to
upland wetland buffers to clarify the intent.
APPLICABLE LAW AND PUBLIC POLICY
s. 163.3174. Florida Statutes. Local planning agency
s. 163.3184. Florida Statutes. Process for adoption of comprehensive plan or plan amendment.
s. 163.3187. Florida Statutes. Amendment of adopted comprehensive plan.
ss. 166.041(3)(c)2.b.. Florida Statutes. (required advertising)
Rule 9J-11.011. Florida Administrative Code
Winter Sprin2:s Charter Section 4.15 Ordinances in General
Winter Sprin2:s Article III. Comprehensive Plan Amendments
Section 15-30. Authority, purpose and intent;
Section 15-36. Review criteria;
Section 15-37. Local Planning Agency Review and Recommendation
CHRONOLOGY:
May 13, 2002-City Commission adopted Ordinance 2001-55 adopted the EAR-based plan
amendments to the Comprehensive Plan.
Mar. 24,2005- Public Noticing in Orlando Sentinel ofLPA Public Hearing
Apr. 5, 2005- LP A heard the request and made a recommendation of approval for Ord. 2005-12.
Apr. 14, 2005- Public Noticing in the Orlando Sentinel of City Commission Transmittal Hearing
ApI. 25,2005- Commission postponed action until May 9,2005, preserving advertising
~
September 12, 2005
Public Hearing Item 409
Page 2 of 11
May 9,2005- Transmittal Hearing for Large Scale Comprehensive Plan Text Amendment to the
Transportation Element and the Future Land Use Element (Ordinance 2005-12)
May 12, 2005- Transmittal to DCA
July 18, 2005- ORC Report Received
Sept. 1, 2005- Public Noticing in the Orlando Sentinel of the City Commission 2nd
Reading! Adoption of Ordinance 2005-12
CONSIDERATIONS:
The City of Winter Springs is the Applicant seeking the Comprehensive Plan Text Amendment
to the Future Land Use Element and the Conservation Element. The amendment addresses
discrepancies between what is currently required and what the St. John's River Water
management district (SJRWMD) will mitigate.
The language requiring a 25-foot upland buffer adjacent to wetlands was included in the
Conservation Element and the Future Land Use Element when the City adopted the EAR-based
plan amendments to the Comprehensive Plan in May 2002.
According to minutes from the workshops, transmittal hearing, and the adoption hearing, the City
had quite a bit of discussion related to this item. (Minutes from discussions relating to the
adoption of this text is included as Attachment R)
A 'buffer' is an upland area adjacent to a wetland, which is required as a means of protecting the
wetland and wetland species from the detrimental impacts of development or alteration. The
purpose of the buffer is to reduce secondary impacts to wetlands (as stated in the SJRWMD's
Applicant's Handbook: Management and Storage of Surface Waters). Secondary impacts to a
wetland will not be considered adverse, ifbuffers are provided "abutting those wetlands that will
remain under the permitted design".
In cases where a wetland is unavoidably impacted by development, 'mitigation' is required.
'Mitigation' is the process required to compensate for wetlands which are directly impacted by
development.
'Non-mitigated wetlands are those wetlands which are not directly impacted by the proposed
development; Wetland buffers protect against secondary impacts.
The proposed text revision retains the 25' upland wetland buffer, except when a wetland is
impacted directly by development, requiring mitigation.
The SJR WMD does not allow wetlands to be impacted more (a greater primary impact) inorder
to provide protection from secondary impacts (by an upland buffer). The proposed text
amendment clarifies that the upland wetland buffer is for those wetlands that are not being
mitigated.
Current buffer criteria under the SJR WMD is a minimum width of 15' and an average width of
25' for upland wetland buffers. The SJRWMD also allows an applicant to propose buffers that
do not meet the described dimensions, buffers of different dimensions, measures other than
buffers, or to provide information including the required reasonable assurance. The proposed
text amendment retains the City's more restrictive policy of requiring a minimum 25' buffer
September 12,2005
Public Hearing Item 409
Page 3 of 11
without the option of averaging the width. The ORC Report did not raise any obiections to
Ordinance 2005-12 (referenced as LS-CPA-05-07).
FINDINGS:
(1) The proposed amendment will have no effect on the city's budget, or the economy of the city or
the region;
(2) The proposed amendment will not diminish the level of service (LOS) of public facilities;
(3) There will be a continued favorable impact on the environment of the city as a result of the
proposed amendment;
(4) The proposed amendment is consistent with the goals, objectives, and policies of the State
Comprehensive Plan set forth in chapter 187, Florida Statutes. Consistency with the East Central
Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code is no
longer required as this rule was repealed;
(5) The proposed amendment does not affect the cost/effective use of or unduly burden public
facilities;
(6) The proposed amendment does not affect compatibility with surrounding neighborhoods and
land use;
(7) The proposed amendment will not cause the comprehensive plan to be internally inconsistent.
The amendment addresses discrepancies between what is currently required and what the
SJRWMD will mitigate.
(8) The proposed amendment will not adversely affect the public health, safety, welfare, economic
order, or aesthetics of the city or region; and
(9) The request is consistent with Florida Statute Chapter 163, Part II and Rule 9J-5, Florida
Administrative Code.
P&Z / LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning and Zoning Board! Local Planning Agency on April 5,
2005, the Board held a Public Hearing and recommended "Approval" to the Commission.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for Second Reading/Adoption
of Ordinance 2005-12, a Large Scale Comprehensive Plan Text Amendment (referenced as LS-
CP A-05-07), based on the Findings enumerated above.
IMPLEMENTATION SCHEDULE:
September 19. 2005- Submittal to DCA for Compliance Review (within 10 days of adoption)
ATTACHMENTS:
A. FL. Dept of Community Affairs. Obiections. Review and Comments (ORC) Report
B. SJRWMD Applicant's Handbook: Management and Storage of Surface Waters
C. Minutes from P&Z/LPA Meeting of April 5, 2005
D. Public Notification in Orlando Sentinel
E. Ordinance 2005-12
COMMISSION ACTION:
September 12, 2005
Public Hearing Item 409
Page 4 of 11
ATTACHMENT A
FL. Dept of Community Affairs, Obiections, Review and Comments (ORC) Report
.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Govemor
THADOEUS L. COHEN, AlA
Secretary
July 15,2005
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The Honorable, John F. Bush
Mayor, City of Winter Springs
1126 State Road 434,
Winter Springs, FL 32708
Dear Mayor Bush:
The Department of Community Affairs has completed its review of the proposed
Comprehensive Plan Amendment for City of Winter Springs (DCA 05-2), which was received
May 18,2005. Based on Chapter 163, Florida Statues, wehave prepared the attached report that
outlines our findings concerning the amendments. it is especially pertinent that the City address
the objections set forth in our review so that the identified issues can be successfully resolved
prior to adoption. We have also included a copy of the local, regional and state agency comments
for your consideration. Within the next 60 days, the City should act by choosing to adopt, adopt
with changes or not to adopt the proposed amendments. For your assistance, our report outlines
procedures for final adoption and transmittal.
The City of Winter Springs proposed Amendment 05-2 consisted of one Future Land Use
(FLUM) amendment and several text amendments. The FLUM amendment (LS-CP A-05-05)
will re-designate approximately 10.95 acres from County Office and Commercial to City Town
Center. The text amendment (LS-CP A-OS-06) and (LS-CP A-OS-07) involve changes to the
Future Land Use, Transportation, and Intergovernmental Coordination Elements.
The Department has identified concerns with the proposed amendment package. The
proposed FLUM amendment is not supported by an adequate infrastructure analysis
demonstrating that the adopted level of service on affected public facilities is not impacted by
this development. The Department looks forward to further discussions with the City to
determine whether a more appropriate intensity standard for the Town Center land use category
can be identified and incorporated into the comprehensive plan.
2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399.2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: htto:/lwww.dca.state.fl.us
CRITICAl STATE CONCERN FIELO OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT
2796 O"crsc~s Highw3" Suite 212 2555 Shurrard Oak Boulevard 2555 Shumard Oak Boulevard
II....._U....... 1:1 ':lI')1'l~_.,..,.,7 T,qll~h;,s.see. FL 32399-2100 Tallahassee, Fl32399-2100
HOUSING & COMMUN/TY DEVELOPMENT
2555 Shumard Oak Boulevard
Tallahassee. FL 3239S-2100
The Honorable William D. Arthur, Mayor
July 15,2005
Page Two
The Department looks forward to working with the City of Winter Springs to address the
objections. We will be available to assist in any way we can. If you or your staff have any
questions or if we may be of further assistance as you formulate your response to this Report,
please contact me at (850) 922- 1818 or Towanda Anthony at (850) 922-1782.
Sincerely,
J
es D. Stansbury,
egional Planning Administrator
JS/ta
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments
cc: Jeff Jones, Acting Executive Director, East Central Florida Regional Planning Council
Eloise M. Sahlstrom, Senior Planner, 1126 State Road 434, Winter Springs, FL 32708
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR
City of Winter Springs
AMENDMENT 05-2
July 15, 2005
Division of Community Planning
Office of Comprehensive Planning
This report is prepared pursuant to Rule 9J-l1.01O, F.A.C.
TRANS MITT AL PROCEDURES
The process for adoption of local comprehensive plan amendments is outlined in s.
163.3184, Florida Statutes, and Rule 9J -11.0 11, Florida Administrative Code.
Within ten working days of the date of adoption, the City 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 revi.ew, make a compliance determination and issue the appropriate notice of intent.
In order to expedite the regional planning council's review of the amendment, and
pursuant to Rule 9J-l1.011(5), F.A.C., please provide a copy of the adopted amendment directly
to the Acting Executive Director of the East Central Florida Regional Planning Council.
Please be advised that the Florida legislature amended Section 163.3184(8)(b), F.S.,
requiring the Department to provide a courtesy information statement regarding the
Department's Notice of Intent to citizens who furnish their names and addresses at the local
government's plan amendment transmittal (proposed) or adoption hearings. In order to provide
this courtesy information statement, local governments are required by the law to furnish to the
Department the names and addresses of the citizens requesting this information. This list is to be
submitted at the time of transmittal of the adopted plan amendment (a sample Infonnation Sheet
is attached for your use).
INTRODUCTION
The following objections, recommendations and comments are based upon the Department's
review of City of Winter Spring's proposed amendment to their comprehensive plan (DCA
number 05-2) pursuant to Chapter 163.3184, Florida Statutes (F.S.).
The objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida
Administrative Code (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a
recommendation of one approach that might be taken to address the cited objection. Other
approaches may be more suitable in specific situations. Some of these objections may have
initially been raised by one of the other external review agencies. If there is a difference between
the Department's objection and the external agency advisory objection or comment, the
Department's objection would take precedence.
Each of these objections must be addressed by the local government and corrected when the
amendment is resubmitted for our compliance review. Objections, which are not addressed, may
result in a determination that the amendment is not in compliance. The Department may have
raised an objection regarding missing data and analysis items, which the local government
considers not applicable to its amendment. If that is the case, a statement justifying its non-
applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will
make a determination on the non-applicability of the requirement, and if the justification is
sufficient, the objection will be considered addressed.
The comments, which follow the objections and recommendations section, are advisory in
nature. Comments will not form bases of a determination of non-compliance. They are included
to call attention to items raised by our reviewers. The comments can be substantive, concerning
planning principles, methodology or logic, as well as editorial in nature dealing with grammar,
organization, mapping, and reader comprehension.
Appended to the back of the Department's report are the comment letters from the other state
review agencies and other agencies, organizations and individuals. These comments are
advisory to the Department and may not form bases of Departmental objections unless they
appear under the "Obj ectionsl1 heading in this report.
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR
CITY of Winter Springs
AMENDMENT 05-2
I. OBJECTIONS
The City of Winter Springs is amending five parcels ofland containing approximately 10.65
acres from Seminole County Office (6.0 ac @ 0.35 FAR) and Commercial (4.6 ac @ 0.35 FAR)
to City of Winter Springs Town Center (6.0 FAR) due to annexation. Staff has identified
potential obj ections to the FLUM amendment. The objections relate to insufficient infrastructure
data and analysis. The analysis is not based on the maximum 6.0 FAR allowed for the proposed
land use.
A. The Department raises the following objections to FLUM amendment LS-CPA-05-
05.
TRANSPORTATION
1.0biection: The proposed amendment has not demonstrated that the necessary transportation
facilities are available or planned to be constructed concurrent with the development.
The proposed amendment has not demonstrated consistency with the transportation provisions
(goals, objectives, and policies) of the following: Future Land Use Element (Objective 1.3),
(Policy 1.3.1) and (Policy 1.3.2); Transportation Element (Objective 1.9) and Capital
Improvements Element (Policy 3.1). The proposed amendment is not consistent with the
requirements of:
Sections 163.3177(2), 163.3177(3), 163.3177(6)(a), 163.3177(6)(b), 163.3177(10)(h), F.s.
Rules 9J-5.005(5), 9J-5.006(2)(a), 9J-5.006(3)(c)3., 9J-5.016(3)(b)1., 3., 4., and 5., and 9J-
5.016(3)(c), 9J-5.016(4), 9J-5.019(4)(b)2., 3., and 5., 9J-5.019(4)(c), and 9J-5.019(5), F.A.C.
Recommendation: Provide data and analysis demonstrating the necessary improvements to
address the transpo~ation impacts of the proposed development and demonstrate the necessary
roadway improvements needed are in the appropriate short range or long range capital
improvements'plan, depending on when needed and based on the maximum density/intensity
allowed for the proposed land use. If the facilities are needed in the first five years then they
should be included in the appropriate financially feasible five-year capital improvement plan.
Any roadway improvements within the City should also be reflected on the Traffic Circulation
Map. Base the analysis on the amount of development proposed in the future land use map
amendment. If the City intends to rely on developer-funded improvements for the necessary
transportation facilities to support the proposed land use amendment, then the executed
development agreement must be submitted along with the amendment. Regardless of the entity
responsible for the transportation facility, the future land use map should be coordinated and
based upon existing or the planned availability of supporting transportation facilities. Revise the
amendment as necessary to be consistent with and supported by the data and analysis.
PUBLIC FACILITIES
2. Obiection: The proposeci amendment is not supported by data and analysis to demonstrate
that public facilities, including potable water facilities and sanitary sewer services, are available
or will be available at the adopted level of service standards, to serve the potential maximum
development allowed for the proposed land use. The proposed FLUM amendment is not
supported by an adequate public facilities analysis addressing the following: (1) the amount of
potable water and sanitary sewer generated by the max-imum development potential allowed by
the FLUM amendment; (2) the available uncommitted capacity of potable water and sanitary
sewer facilities that would serve the amendment site; (3) the impact of the demand for potable
water and sanitary sewer on the projected operating level of service and available capacity of
these facilities for the five year and long term planning timeframe; (4) the need for potable water
and sanitary sewer facilities improvements (scope, timing, and cost of improvements) to
maintain the adopted level of service standards for the facilities; (4) coordination of the needed
facilities improvements with the plans with the Infrastructure and Capital Improvement
Elements, including implementation through the five year schedule of capital improvements.
The proposed amendment has not demonstrated consistency with the public facilities provisions
(goals, objectives, and policies) of the following: Future Land Use Element (Objective 1.3),
Policy 1.3.1 and Policy 1.3.2), Infrastructure (Objective IV -A-I) and (Policy IV -B-2. 1 ), and
Capital Improvements Element (Objective 1.1). The proposed amendment is not consistent with
the requirements of:
Sections 163.3177(2and 3, 163.3177(6)(a), 163.3177(6)(c), and 163.3177(J0)(h), F.s.
Rules 9J-5.005(2 and 5), 9J-5.006(2)(a) and 9J-5.006 (3)(b) 9 and 10, 9J-5.006(3)(c)3., 9J-
5.011 (J)(j) and 9J-5.011 (2)(b) and (c), 9J-5.016(3)(b)1., 9J-5.016(3)(b)3., 4., and 5., 9J-
5.016(3}(c), and 9J-5.016(4)(a), F.A.C.
Recommendation: Provide data and analysis, demonstrating the availability of potable water
and sanitary sewer facilities to serve the site affected by the proposed amendment. The data and
analysis should demonstrate how the facilities are coordinated with the proposed development as
it occurs within the planning horizon of the comprehensive plan. The amendment should also
demonstrate that adequate public facilities are plaMed for in the comprehensive plan to
accommodate the level of development projected within the next five-year period and the next
ten-year period. The amendment should address the public facility improvements (scope, timing,
and cost) needed to maintain the adopted level of service standards for public facilities. The
analysis should be based on the maximum development potential allowed by the proposed land
use. Revise 'the amendment as necessary to be consistent with and supported by the data and
analysis.
II. COMMENTS
1. Comment: The Department of Transportation noted that additional roadway segments were at
a deficient LOS and should be identified in the transportation element update. Currently
segments of US 17-92 and SR 419 are identified on Map II-6 as having a deficient. The map
should be revised to show US 17-92 and SR 434 as experiencing a deficient LOS.
2. Comment: The Department has coordinated with City Planning Staff in regards to the
currently adopted Floor Area Ration (FAR) of 6.0 for the land use proposed for the site. We
have discussed alternatives for addressing the Department's concerns with the intensity of the
proposed land use category. The Department pointed out that the City may want to assess
whether such an intense land use is in keeping with your vision for the character ofthe
community. On a I-acre lot a 6.0 FAR would allow up to 261,360 gross square feet of non-
residential development. This would allow the intensity of a large mall to be located on a four
acre parcel. This does not include any infrastructure (stormwater), open space, or parking
requirements. It would be difficult for any community to plan for such an intensity considering
the infrastructure needs and in some cases demonstrating the suitability and compatibility of such
an intense land use.
The City should reassess the need for such an intense land use. An FAR of 1.5 is still a
high intensity for the land use category but may still achieve the City's vision for this area. An
intensity standard closer to what the City wants to achieve in this land use category will allow for
better coordination of infrastructure and overall planning. We look forward to further
discussions with the City to resolve the Department's concerns with the proposed intensity for
the site.
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Florida Department of Transportation
JOSE ABREU
SECRETARY
JEB BliSH
GOVERNOR
Planning & Public Transportation
133 South Semoran Boulevard
Orlanao, FL 32807-3230
June 16, 2005
Mr. Ray Eubanks, Community Program Administrator
Department of Community Affairs, State of Florida
Plan Review & DR! Processing Section
2555 Shumard Oaks Boulevard
Tallahassee. FL 32399-2100
SUBJECT:
LOCAL GOVERNMENT:
DCA#:
PROPOSED COMPREHENSIVE PLAN AMENDMENTS
WINTER SPRINGS
05-2
Dear Mr. Eubanks:
The Department of Transportation has completed its review of the above proposed
comprehensive plan amendments as requested in your memorandum dated, May 19, 2005..
We appreciate the opportunity to participate in this review process and we offer our comments
with this letter. If you have any questions, please contact me at 407-482-7856 (Suncom: 335-
7856) or e-mail meatbettv.mckee@dot.state.fl.us.
Sincerely,
~~~
Betty McKee
Systems Planner
BMcK
attachment
cc: Don Fisher, Seminole County
Rob Magee, FDOT
Bob Romig, FDOT
Eloise Sahlstrom, Winter Springs
James Stansbury, DCA
Tony Walter, Seminole County
File: J: IGrowl h ManagemenllComprehensive PlanslCommenlsandCoverLettersl$eminole ColWinterS r. rings05- 2CoverLetter061605. doc
Florida Department of Transportation
Intennodal Systems Development
Technical Applications Section
Page 1 of 2
COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS
Local Government:
Winter Springs (Seminole C()unty)
DCA Amendment #:
05-2
Date of DCA's Request Memo:
May 19, 2005
June 17, 2005
Review Comments Deadline:
Today's Date:
June 16 2005
ELEMENT:
RULE REFERENCE:
Future Land Use Element: FLUM Amendments
9J-5.006 Future Land Use Element
9J-5.019 Transportation Element
9J-11.006 Submittal Requirements
9J-11.007 Data and Analysis Requirements
BACKGROUND INFORMATION:
LS-CPA-05-05: 10.65 acres; current future land use: County Office (6.05 acres @ 0.35 FAR) and County
Commercial (4.6 acres @ 0.35 FAR); proposed future land use: City Town Center (6.0 FAR with
structured parking, 36 units! acre); affected state roads: SR 15-600 (US 17-92), SR 417, SR 419, SR 426,
SR 434 and SR 436
REVIEW COMMENTSI RECOMMENDATIONS:
92,238 square feet of office uses and 70,132 square feet of commercial uses could be developed under
the current future land use designations, which translate to 4,027 average daily trips (ITE 710 and 820).
2,783,484 square feet of commercial uses could be developed under the proposed future land use
designation, which translates to 119,523 average daily trips (lTE 820). The difference between the
scenarios represents a potential increase of 115,496 average daily trips.
Current Desi nations
land Use
Count Office
Count Commercial
S uare feet
92 238 .
70132
Tri s
1,016
3,011
4027
119,523
119523
115496
2.783,484
The request is not supported by appropriate data and analysis. As shown on FOOT's 2004 LOS_ALL
spreadsheet, several affected segments of SR 15-600 (US 17-92), SR 419, SR 426, SR 434 and SR 436
are currently over capacity. These segments, as well as one segment of SR 417, an FIHS!SIS facility,
are expected to remain so by 2014. A traffic impact analysis that assumes the maximum development
scenario possible under the proposed future land use designation and addresses impacts to all state
roads in the vicinity should be submitted to support the request or a new policy could be added to the
Comp Plan limiting development in this area to a .26 FAR.
FOOT Contact: Betty McKee, Systems Planner Reviewed by: Ellen Bertoni, AICP
FOOT Genesis Group
Telephone: 407 -482-7856 (Suncom: 335-7856) 904-730-9360
Fax: 407 -27 5-4188 904-730-7165
E-mail: bettv.mckee@dot.state.fl.usebertoni@genesisqroup.com
File: J:\Growlh Manage menfIComprehef\5lve Plans\Commenlsand CoverLetterslSeminole COlWinterSprinQS05-2Comments0616<l5. doc
Florida Department of Transportation
Intermodal Systems Development
Technical Applications Section
Page 2 of 2
COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS
Local Government:
Winter Springs (Seminole County)
DCA Amendment #:
05-2
Date of DCA's Request Memo:
May 19, 2005
Review Comments Deadline:
June 17, 2005
Today's Date:
June 162005
ELEMENT:
Transportation Element: Text Amendment
RULE REFERENCE:
9J-5.019 Transportation Element
9J-11.006 Submittal Requirements
9J-11.007 Data and Analysis Requirements
BACKGROUND INFORMATION:
LS-CPA-05-06: The purpose of the text amendment is to incorporate the recently adopted update to the
Transportation Study (known as 'Supplement 3'), and to revise and delete text regarding inconsistencies
related to the Town Center transportation network.
REVIEW COMMENTSI RECOMMENDATIONS:
Map 11-6 shows only two road segments as deficient: US 17-92 (from SR 419 to Shepard Road) and SR
419 (from US 17-92 to SR 434). The map should be revised to Include US 17-92 (from Orange County to
Shepard Road) and SR 434 (from US 17-92 to Edgemon Avenue); these segments are also deficient per
FOOTs 2004 LOS_ALL spreadsheet.
FDOT Contact: Betty McKee, Systems Planner Reviewed by: Ellen Bertoni, AICP
FOOT Genesis Group
Telephone: 407-482-7856 (Suncom: 335-7856) 904-730-9360
Fax: 407-275-4188 904-730-7165
E-mail: bettV.mckee@dot.state.f1.us ebertoni@qenesisQroupcom
File: J:\Growlh Managemenl\COmprehensive Plans\CommenlsandCovertetlers\Seminole Co\W\nterSprings05-2Comments06160 5.doc
East Central Florida
REGIONAL
PLANNING
COUNCil
Chairman
Welton G. Cadwell
Commissioner
Lake County
Vice Chairman
Jon B. Rawlson
Governor's
Appointee
Orange County
Secretary/Treasure
r
Michael S. Blake
Commissioner
Tri-County Le~~ue
of Cities
~'Iinter Spri;.-;fs
Executive Director
Sandra S. Glenn
S<.'Ii'il/g
Brel'Ctrcf. Lak~.
O/'CIlIg<,.Osceofa.
S~/IIil1ofC! (III" "ol/lsi(/
CO/llllies.
631 N. I'ij'ffiore r..::>ad
Suit~ 10C'
[.J.::itland, Flcdpa
32751
Pn:)ne
407.623.1015
Fax 407.623.1084
Suncom 334 -11)7 5
Suncom Fa:,
334. l08~
Website:
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o
MEMORANDUM
Ts
V (s )u~
TO:
O. Ray Eubanks, FOCA, Community Program Administrator
James Stansbury, FDCA
FROM:
Jeffrey A. Jones
DATE:
Thursday, June 02, 2005
SUBJECT: Comprehensive Plan Amendment Review
LOCAL GOVERNMENT:
Winter Springs
LS.CPA-05-05; LS-CPA-05-06; LS-CPA-05-
07.
05.2
LOCAL AMENDMENT #:
DCA AMENDMENT #:
Council staff has completed a technical review of the above referenced
comprehensive plan amendment. The review was conduqed in accordance
with the provisions of 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 identifiep any significant and adverse effects on regional
resources or facilities, nor have any extra-jurisdictional 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 Sun Com 334-1075 x327.
Thank you.
cc:
Local Government Contact: Eloise Sahlstrom, Senior Planner
File
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~ FLORI;t", i
Department of
Environmental Protection
........
.
'=
Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Colleen ':II. Castille
Secretary
June 9, 2005
Mr. Ray Eubanks
Florida Department of Community Affairs
Plan Review and DRI Processing Team
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
RE: Winter Springs 05-2, Comprehensive Plan Amendment Review
Dear Mr. Eubanks:
On behalf of the Department of Envirorunental Protection, the Office ofIntergovemmen-
tal Programs has reviewed the proposed comprehensive plan amendment in accordance with the
provisions of Chapter 163, Florida Statutes. As required by law, the scope of our comments and
recommendations is limited to the environmental suitability of the proposed changes in light of
the Department's regulatory and proprietary responsibilities. Based on our review of the pro-
posed amendment, the Department has found no provision that requires comment, recommenda-
tion or objection under the laws that form the basis of the Department's jurisdiction and author-
ity. If the amendment pertains to changes in the future land use map or supporting text, please be
advised that at such time as specific lands are proposed for development, the Department will
review the proposal to ensure compliance with environmental rules and regulations in effect at
the time such action is proposed.
Thank you for the opportunity to comment on this proposal. In may be of further
assistance, please call me at (850) 245-2172.
Sincerely,
SCF,(j(
Suzanne Ray
Office of Intergovernmental Programs
/ser
',..\/fJ/",.... !Ji.lIl'-.~'/I:.ii,' !.~'\ \ ('!",}..,-').,-"
St. Johns_Riv~er .
::::~,~;" ~:~,:~~~,~~L~~.~~:o~~~ 0 -) S
4049 Reid Street' P.O. Box 1429 ' Palatka. FL 32178-1429 ' (386) 329.45(,0
On the Intertlet at www.sjrwmd.com.
~(fGl6S
June 17,2005
D. Ray Eubanks, Administrator
Plan Review and Processing
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Subject: Proposed Comprehensive Plan Amendment
DCA Amendment # Winter Springs 05-2
Dear Mr. Eubanks:
SI. Johns River Water Management District (District) planning staff have reviewed the above-
referenced proposed comprehensive plan amendment. The proposed amendment consists of one
change to the City of Winter Springs' future land use map and text changes to the Future Land
Use, Conservation, and Transportation elements of the comprehensive plan. The District staff
review focuses on water supply availability and related water resource issues in an effort to link
land use planning and water supply planning. District staff have no comments because no
substantial water supply availability or related water resource issues were identified.
We appreciate the opportunity to provide comments. If you have any questions. please contact
District Policy Analyst Peter Brown at (386) 329-431l/Suncom 860-4311 or ,
pbrowll@Jjrwmd.com.
Sincerely.
~&~SL
Linda Burnette. Director
Office 6T Communications and Governmental Affairs
LB/PB
cc: Eloise Sahlstrom, City of Winter Springs
Jeff Jones. ECFRPC
Lindy McDowell. FDEP
Nancy Christman. SJRWMD
Jeff Cole. SJRWMD
Peter Brown, SJRWMD
GOVERNING BOARD
Orr.e!rtF.~ 0 Leng. rh~ R\,l~\j
",!'-~~(.:,
Diiv:d G Grararr '1'.:, ~,.""'J,'.'I
A eta'l A:bri~hl. ~fc:':n.ll;'"""
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Jcrn G SOWinski
September 12, 2005
Public Hearing Item 409
Page 5 of 11
ATTACHMENT B
St. John's River Water Management District
Applicant's Handbook: Management and Storage of Surface Waters
Secondary impacts to the habitat functions of wetlands associated with adjacent upland
activities will not be considered adverse if buffers with a minimum width of 15' and an
average width of 25' are provided abutting those wetland that will remain under the
permitted design, unless additional measures are needed for protection of wetlands used by
listed species for nesting, denning, or critically important feeding habitat. The mere fact
that a species is listed does not imply that all of its feeding habitat is critically important.
Buffers shall remain in a undisturbed condition, except for drainage features such as
spreader swales and discharge structures, provided that construction or use of these
features does not adversely impact wetlands, Where an applicant elects not to utilize
buffers of the above described dimensions, buffers of different dimensions, measure other
than buffers, or information may be proposed to provide the required reasonable
assurance.
September 12, 2005
Public Hearing Item 409
Page 6 of II
ATTACHMENT C
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
APRIL 5, 2005
(RESCHEDULED FROM APRIL 7, 2005)
PUBLIC HEARINGS
403. Community Development Department - Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing
For Ordinance 2005-12, A Large Scale Comprehensive Plan Text Amendment (Referenced
As LS-CPA-05-07) Which Amends The Conservation Element And The Future Land Use
Element Relating To Upland Wetland Buffers.
Ms. Sahlstrom presented this Agenda Item and distributed a copy of the Ordinance to the Board
Members.
Discussion.
Ms. Sahlstrom stated, "We do have this Comprehensive Plan Citizen Courtesy Information list that's out
on the table - so if any of the public are here for a particular Agenda Item - Large Scale Comp Plan
Amendments if you want to be kept in the loop by the State, if you would put your name and address on
there, we do attach this form when we transmit it to the State and the same form will be available at the
Public Hearing before the Commission as well, but there's one of these for each of tonight's Comp Plan
Amendments. "
Chairman Poe opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairman Poe closed the "Public Input" portion of this Agenda Item.
Discussion.
"I MAKE A MOTION THAT THE PLANNING AND ZONING [BOARD]/LOCAL
PLANNING AGENCY RECOMMEND ADOPTION TO THE CITY COMMISSION
RELATED TO THE ORDINANCE 2005-12 OF THE LARGE SCALE
COMPREHENSIVE PLAN AMENDMENT REFERRED AS LS-CP A-05-07 BASED ON
THE FINDINGS ENUMERATED ABOVE." MOTION BY BOARD MEMBER BROWN.
SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION.
VOTE:
VICE CHAIRPERSON KARR: AYE
CHAIRMANPOE: AYE
BOARD MEMBER VOSKA: AYE
BOARD MEMBER TILLIS: AYE
BOARD MEMBER BROWN : AYE
MOTION CARRIED.
September 12, 2005
Public Hearing Item 409
Page 7 of 11
ATTACHMENT D
Public Noticing in Orlando Sentinel
,,~A.SOAY, SfPTl'~B[R 12()g\
NOTICE OF CHANGES TO THE
COMPREHENSIVE PLAN
AND ZONING MAP
CITY OF WINTER SPRINGS
;
~
I'OTICE IS IlERHIlY (J!VIlN nIX! THI'. CITY COj.t\USSlOr- 01
THE CITY OF WlN'fER SPRINGS f'Il()POSES TO ADOPT
ORDINANCE NO. 1005.11
,I\N OIUIII'I\NCE OFTHI'. CllY Of WJr-i'llK SI'IUNOS, SEMINOLIl COlJl\,Y. R.ORlDA. RELATING 10 crlMPRE-
lIEl'SlVE PLANNL';(): SETl'INO POJmi AND ADOf'I'INO A l.Jl.ltGl; SCALIl crlMPRllIlENSIVl! PL.AN lliXT
MlENDMIll\,.. REf'ERliNlE> IoS LCK:PA-O$-C)6, WlIlCH SIlAU. AMENIl THIl crlMPRI;;!IIlNSI\'B PLA..... REJ..I3.
VM,. TO THII nv.NSPORTA11ON ELFMENT AND THIIl'tITUII.I! L.AN1) VSll ~'T: INCClRl'OItATINO THI'.
PIl8RlJARY 2005 SUPI'l..lIM8NT .!NO. 3) TO 11m CITY'S TRANSPORTATION S11JDY \\'1l1C1l 1!XPJl.Nl>S TIlE
EXlSTINO ROAllWA Y COUllCTQR 5 \'STIlM AND Jl.CIQolOWlJ'DGES ROAllWAY IMPROVEMENTS COMPumiD
8Y THII flORIDA D1U'ARTMIlNT OF TRANSPORTATION, S!l.\(L'lOLE<'lILJNTY. ANIl THI'. CITY Of WJr-JER
SPIUNOS: Cl.AlW'YlNO POLICIES RIlOAIUlINO TIlE TOWN CEN"tER nv.NSPOltTA110N NbOWORK; PROVID
11'0 POR 11lANSMlTI'i\L OF THI'. Pl.A.'11'O TlID DbPAIl'TMhNT Of crlMMUNITY AFFAIRS; PROVJI)ING FOR
REPIlAl. OP PRIOR INCONSISTf.NT ORtlINANCES AND RESOLUTION" SE\'llRAUIUTY: -"'''10 AN EI'fII1CTIVIl
OAT[;,
OlU>lNANCE NO. _11
AN OJIDINANCE 01' 11m (~TY OF WIN1FJI SPRINGS. SIlM1NOLIl,COUNTI. l'UlRIOI\. REl.AllNG TO COMPRE,
HBNSIVIl PlANNINQ: 5Il1TL'IO PORTIl AND AOOPTlNG A LAIlOll SCALI! CO_lENSI VI! I'LAN TliXT
AMENI)MENT, RIll'IlIU!NCBD AS LCK:PA-O$-07. ~UCH SHAll. "r,u:.NtJ nIE COMPREHENSIVIl PL.AN REW.
VA.'IT ro lllE CONSERVATION iJU'JdENT ANDTHII P\JTU1ll! L.ANO LL~E IU;MENT, CURIFYING TIlE PI.AN'S
1NT'!l."'T WIlH IUlGARtl TO WIlI1.AND UI't.AND BUI'PllIlS, PROVIDING FOR TRANSMt11AL OF TilE PLAN TO
THI'.UEPARTMEN1' OF COMMtJl\ITY Afl'AlRS: PROVID1N() POll REPlW.. OF PRlClR LN<:ONSISn",T OR III.
I'ANCLS AND RESOUJ110NS: SIlVERAIln.rrY;AN'DAN EFl-l'1."'nVE IlAll'
ORDINANCIl NO.1Ot5.Z<)
AN ORDIJIIANCE 01' THE CITY COj.t\1ISSION OF '111E CITY. OF WINTF.R SPRINGS. H.ORlPA. ....1)()P'I1NO ^
SMALL SCAlE flUlol ....MllNDM.B.VI IIY CIIANGINO TIlE P\JTURE LAND usn ),tAP 1lf.~I(lNAnnN OF THE
Rr~ PROPERTY CONSTITUTING A PARCE!.. rorAUNo S.lT ACRE$ MORE OR LESS AND LOCAl'Ll) AT K2<1
,,'All' ROAD 414 IN WlN'lUl SPRL"OS. f'LOIUI.l;\., AND M<lRE PAllTICUI.ARI.Y ObPlCTFD AND LEGALLY
DtiSCRIBBD ON tv:HlIiIT -A- ATl'ACHllI) 1fllIlETO. FROM SEldlNOLIl COUN1'Y "SUllllIll!ANbSl'ArES" -"'ND
"CONSI'.RVAT1ON" TO CITY OF \lo1N1'llK SPflINOS "COMMERClAL- AI'D CONSE.Il\'A110N O'IERI.Jl.Y" .ON
'11IOSE AIH'.CI1:I1 hRhASI: PROVIDL"lO POR TIlE RIll'EAL Of PRIOR 1NCONS1$ H'.NT ORDIK'NCES -"''''0 RES.
OLliTIONS. 5EVERAIlILlTY. LNGIRl'OllATION INTO TIlE COMPREIlE.NSIVE PLA.N, AND AN F1~'R"IVE D'-l1';
(.~ Ml\P 'A' for ltX:wou)
----I
Map 'A'
WIHn;R
SPRINGS
OIlJ)JNASe~ N(I. lOO5-U
,AS ORDlN,ANCIl Of TllE CITY COMMISSION Of TIlE CITY 01' "'lNtiC!< SP'UNOS. l'EOIlIIIA. CHANGINO THE
ZONE'lO M"p D1,~J{iN"1l0N 01' lllll RI!AL PROPERTY CONSTlTI.'TINO A PARCEL lUIALlNO S. U ,'CRES
MORll OR LESS AND LOCA1'[;D IU K::!(l STATE ROAD 4.... IN WINTER SPRlN<1S. flORIDA. AND MORE PARTie.
Ul.ARL.Y DEPICTED, A.'lP LIlOAllY PESCIUIIl2D ON EXHlurr ""."'TThCHEO HbRIlTO. fROM SEMINOLIl
(TlliNT....A.'..m CITY lit' WlN'fER SPRL."lOS "C-I NElOtIBORHOOD COMMERCIAl.", I'RllVIDlNG fOR TIll!
REPEAL OF PRIOR INCONS13",NT ORllIN....N(;ES Ml() RFSOL.tTION'S. SEVERABlLITY. AND AN lJ'IU"vl'
DATIl (See MAP 'A' rOlAAtltiuu)
PUBUC IlEAIlLNGS
VIlR SECONDllliADISG " AOOI'1'ION
WIU. 11& 1"'1..1) ON
Mo/\'PAY,8IP'l'EMlIllll 11. 1005 AT ';38 ",M,
OR SOON T1l1lREAJ'Tllll L'I THE COMMISSION CliAMIIDL\
UICATR!) AT THB ....IN'TItII SI'IlINGS an' IIALL
1116 EAlt'T STATE ROAU4."
WIN'TER SPRINGS, fJ..ORlDA
'T'bc PfOIX~ ~,~ uwy bl: ubt.iUAed tJ) ImereslN PMllti b(:1~'Ca\ S a.m. lUlJ j Jun.. Monday UUVUJfi Ff~~. 111 the
elfY" (:1etk'. Ofticc.,loca1cd ,at 11~ It SR 434. Wi.okt Sptiul.. f'lor. 1<< m..m: ml()fMJhtJl1. u1J (407) 327-1800 11".21.
r.noo. WIth o...bll..... -. .....,"""" 10 ~ !nili)' 0('- pru.;...w.j' O/;OOlid <""""" II>< l!mpIoy<< Rclitl<>llJ
~ Coorw...... 41 boun .. oJ....._ oil"" rnatu>C . (.07) 3"7.11>00. nT6 ....... ""' I"'bll.: ~, lu>eln.od
JMl1l<< "" _M<llhal ~ ...y "l'l""" .. Jhe ~ auJ be h<<nJ ...... "''1'"'' to .S< f'l'lI'C$Cd otdlMoo._ Ill"" _ '"
appeal, an) TCCormncno.1Atll)ft Of do::i.tlOn maJc by the at)' Cil~ Vtuh "~[ kl ury marta' cOluldttedat ttu~ IfIC.ehnt.
;:u';~~ :7'~~~ ~:t. ::-:=::fi~ b:~~ IdCh purpt*>I. )'00 ma) Dtcd \() eraun that ia "~Tbiitllll m'OPJ (If tho: pit)>
September 12, 2005
Public Hearing Item 409
Page 8 of 11
ATTACHMENT E
Ordinance 2005-12
OIU)lX\~CE ~O, 2lJ05-12
A~ OIU)l~A~CE OF TIlE CITY OF WI~TER SPRI~GS,
S['U~OLE COUYn. FLORIDA. RELATl~G TO
CO,'IPREIIE~SIVE PL\"l~I"lG: SEITI"lG FORTII A~U
AUOl'Tl~G A LARG[ SCAL[ CO.\IPREHE~SIVE PLA~
TEXT A.\IE~lnIE~T. REFERE"lCEI) AS LG-CPA-05-07.
WIIIC'II SIIALL :\.'IE:'\ID TilE C'O,'H'REIIE~SIVE PLA:'\I
RELEVA:'\IT TO TilE C'O:'\lSERVATlO:'\l ELEj\IEYf A"lU
TIlE FUTtIRl~ LA"lU USE ELEj\IE~T: CLARIFYI~G I'IlE
PL\"l'S I~TEYf WITII REGARD TO Wl':TLA~1) lJPLA:'\I1)
BUFFERS; PROVll)I~G H)RTR\:'\IS:\llITAL OFTIIE PLA:'\I
TO TIlE UEPARTj\IL\lf OF CO.'L'lU~ITY AFI'AlRS:
PROVIDI"lG FOR REPEAL OF PRIOR I~CO~SISTE~T
OIHll"lA"lCES A~D RESOLUTlO"lS: SEVERABILITY: A"lD
A:'\I EFFECTIVE HATE.
WII ERL\S, section 163.3161 ct, scq.. Florida Statutes, established the Local Government
Comprehensive Planning and Land Development Regulation Act and
'\TU:RL\S, 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 Dcpartment of
Communit), Affairs: and
WII ER[AS, the St. Johns Rivcr \Vatcr Management District ("SJR\V 1\-11)") docs not allow
wetlands to bc reduced fbr the purpose of providing for uplands: and
WIlERL\S, the City of \Vinter Springs' Comprehensive Plan Future Land Use and
Conservation Elements require clarification regarding upland wetland buffers in order to reflect
SJR\VMD's policy: and
W II EREA S, the Local Planning Agency of the City of W inter Springs held a duly noticed
public hearing, in accordance with the procedures in chapter 163, Florida Statutes, on thc proposcd
Comprehensive Plan amendments and considcred findings and advicc of staff, citizens, and all
interested parties submitting written and oral commcnts and has recommended adoption to the City
Commission: and
"II EREAS, the adoption of this Comprehensive Plan Text Amendment, is consistent with
the Goals, Objectives and Policies of the City's adopted Comprehensive Plan: and
WII ERL\S, the Comprehensive Plan amendments adopted by this Ordinance comply with
City of Winter Springs
Ordinance No. 2005.12
Page I of 4
September 12, 2005
Public Hearing Item 409
Page 9 of 11
ATTACHMENT E
Ordinance 2005-12
the requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act and the amendments arc in the best interests of the public health, safety, and welfllre
of the citizens of \V inter Splings, Florida.
NOW. TIIEREFORE. TilE CITY COi\l.\lISSION OF TIlE CITY OF "INTER
SPRINGS. HEREBY ORIl\INS AS FOtLO\\ S:
Sl'l'tion I. Rrdfals. T'he foregoing recitals arc true and correct and arc fully
incorporated herein by this reference.
Sl'ction 2. Authority. This Ordinance is adopted in compliance with, and pmsuant
to, the Local Government Comprehensive Planning and Land Development Regulations Act,
sections] 63.3184 cUld 163,3187. Florida Statutes.
Sl'ction 3. I'urposl' and Infl'nt. It is hereby declared to be the pmpnse and intent of this
Ordinance tn clarify, expand. correct, update, modify cUld otherwise further the provisions of the City
of\Vinter Springs' Comprehensive Plan.
Srction 4. Adoption of Amrndmrnts to Cmnprl'llrnsivr Plan. The City 0 f
W inter Springs Comprehensive Plan, Future Land Use Element Policy 1.2.13, and Conservation
Element Policies 1.4.2 and 1.4.3 arc amended as follows: (underlined type indicates additions and
"tl ;kCllut type indicates deletions).
FUTlJRE LAND USE ELEi\lENT
Future [aile Use Uelllell{ Polhr 1.1. /3:
Hetlalld B/~t.l('/~,~rhe minimum vegetative cover buffer required upland from a non-miti!!ated
\vetland is twenty-five (25) feel.
CONSERVATION ELEi\IENT
COII,H'/TtltiOIl Ue/l/ellf Polh:r 1.-1.1:
By J""u,,j) 200J,IThe city shall require within ils Code of Ordinances minimum upland buffers for
non-mitigated wetlands, "" dcfillcd by ti,e Sl. Jllhn" Ri, <;. """ltC. M'ln"gclllcnl 0;,,1. iLl, to be a
minilllulll of twenty-five fcct (25') thlm the edge of the wetland (as defined bv the S1. Johns River
\Vater 1\:1anaQement Districll.
COII.H'ITlitiOIl hle/l/i'lIf PolidJ 1.-1.3:
Additional upland buffers may be required to ensure the preservation of natural systems, and their
City of Wintcr Springs
Ordil1rll1cc No, 2005.12
l'rlgc 2 of 4
September 12, 2005
Public Hearing Item 409
Page 10 of II
ATTACHMENT E
Ordinance 2005-12
possible use fortreated effluent disposal and stormwater I1Hmagement systems. Such standards shall
be included within Code of Ordinances 1,) J""Udl)' 2003.
Section 5. Repeal of Prior Inconsistent Ordinalll'es and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or pal1s of ordinances and
resolutions in connict herewith, arc hereby repealed to the extent of the conflict.
Section 6. St'wrahility. If any section, subsection.. sentence, clause. phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any coul1 of
competent jurisdiction, whether for substantive, procedural, or ,my other reason, such p0l1ion 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 \\'inter Springs Comprehensive Plan and any section or paragraph
number or letter and any heading may be changed or modified as necessal)' to dfectuate the
foregoing.
Section S. Efft'ctin 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 FIOIida 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 the amendments become effective. If a final order of noncompliance is issued
by the Administration Commission, the i\mendments may nevertheless be made effective by
adoption of a resolution affirming its effective status. A ftCI' and from the effective date of these
Amendments, the Comprehensive Plan Amendments set forth herein shall amend the City of\Vinter
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.
AL>OPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of . 2005
.John F. Bush. :Vlayor
ATTEST:
Andrea Lorenzo-Luan's. City Clerk
City of Wintcr Springs
Ordinancc No. 2005-12
Pagc 3 of 4
September 12, 2005
Public Heating Item 409
Page 11 of 11
API)ROVED AS TO LEGAL FOR:\1 A:'ID
StlFFICIE:'ICY FOR TilE CITY OF
WI:'lTER SPRI'lGS O:'lLY:
A nthon~' A. Ga rgalll'sl" City A Horney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No.2005" 12
Page 4 of 4
ATTACHMENT E
Ordinance 2005-12