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HomeMy WebLinkAbout2006 10 23 Public Hearing 202 Ordinance 2006-15 CITY COMMISSION ITEM 202 Public Hearing October 23,2006 Meeting Mgr./Dept. REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for First Reading and Transmittal of Ordinance 2006-15, a Large Scale Comprehensive Plan Text Amendment (referenced as LS-CPA-07-03) which creates Future Land Use Element Policy 1.8.4, establishing an eastern annexation boundary for the City, preventing the City from expanding the City boundary beyond Deleon Street. PURPOSE: This action is a follow-up to the directive included in Ordinance 2006-02, adopted on May 22, 2006 by the City Commission. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for the conduct ofthe comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the 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. . . (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required. .. Chapter 171. Florida Statutes rAnnexationl Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs 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: Winter Springs Section 2-118 Annexations East of DeLeon Street Prohibited October 23, 2006 PUBLIC HEARING AGENDA ITEM 202 CHRONOLOGY: May 22. 2006- City Commission adopted Ordinance 2006-02 adding Section 2-118 to the City Code preventing annexation of properties east of Deleon Street. Sept 2 L 2006- Public Noticing in Orlando Sentinel ofLP A Public Hearing Oct. 4. 2006- LP A held Public Hearing and recommended Approval of Ord. 2006-15 Oct. 11. 2006- Public Noticing in Orlando Sentinel of City Commission Transmittal Hearing CONSIDERATIONS: The City Commission has determined that Annexation eastward, beyond Deleon Street, is not in the City's best interest; The State of Florida [chapter 171, Florida Statutes] allows a municipality the discretion to set annexation policy; County residents of this area [known as the "Black Hammock"] desire its rural preservation; In the past, the area has been the source of conflict and disagreement between the City of Winter Springs and Seminole County and the City of Oviedo; In the spirit of mutual cooperation with Seminole County and the City of Oviedo, the City has implemented Code language preventing annexation of this area; A directive was given by the City Commission that new policy language would be implemented into the Comprehensive Plan at the next submittal cycle to prevent annexation of any real property, either voluntarily or involuntarily, that is located east of an imaginary straight line which commences on the southern boundary of the shores of Lake Jesup and runs southward along the eastern most boundary of the Deleon Street right-of-way and which terminates on the northern boundary of the City of Oviedo. The proposed text amendment fulfills the City Commission's directive and promotes Inter- Governmental Cooperation. FINDINGS: (1) The proposed amendment does not diminish the city's budget, or the economy of the city or the region; (2) The proposed amendment does not reduce the level of service (LOS) of the City's public facilities; (3) The proposed amendment promotes the preservation of the rural area and the environment; (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 promotes the cost effective use of the City's public facilities; (6) The proposed amendment helps to ensure that the rural character of the Black Hammock is maintained and protection; (7) The proposed amendment does not cause the City's Comprehensive Plan to be internally inconsistent. -2- October 23,2006 PUBLIC HEARING AGENDA ITEM 202 (8) The proposed amendment does 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: The Based on the Findings enumerated above, the Local Planning Agency held a Public Hearing, considered the request, and recommended Approval of the Large Scale Comprehensive Plan Text Amendment, Ordinance 2006-15. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading and Transmittal of Ordinance 2006-15 [a Large Scale Comprehensive Plan Text Amendment (referenced as LS-CPA-07-03)] to the State based on the Findings enumerated above. IMPLEMENTATION SCHEDULE: Oct. 23, 2006- Transmittal Hearing for Large Scale Comprehensive Plan Text Amendment to the Future Land Use Element (Ordinance 2006-15) Oct. 30, 2006- Transmittal to DCA Jan. 22, 2007- Anticipated Adoption Hearing Date ATTACHMENTS: A. Public Noticing in Orlando Sentinel B. Local Planning Agency Minutes C. Ordinance 2006-15 with Proposed Future Land Use Element, Policy 1.8.4 CITY COMMISSION ACTION: - 3 - ATTACHMENT A . NOTICE OF CHANGES TO THE COMPREHENSIVE PLAN CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT: ORDINANCE 2006-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENTpREFERENCED AS LS-CPA ORDINANCE 2006-13 ORDINANCE 2006-15 MONDAY, OCTOBER 23, 2006 AT 6:30 P.M. ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4, 2006 PAGE 4 0F 9 "BASED UPON THE FINDINGS OF THE STAFF, RECOMMEND APPROVAL OF [AGENDA] ITEM '200' COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION WHICH REFERENCES THE DESIGNATION OF FOUR (4) PARCELS CONTAINING 29.3 ACRES, MORE OR LESS, LOCATED IMMEDIATELY WEST OF DeLEON STREET AT CRESS RUN - FROM SEMINOLE COUNTY R-3, DWELLING UNIT PER 3 ACRES TO WINTER SPRINGS LOW DENSITY RESIDENTIAL 1.1 - 3.5 DWELLING UNITS PER ACRE." MOTION BY ADVISORY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. VOTE: CHAIRPERSON KARR: AYE VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER POE: AYE BOARD MEMBER RYSER: AYE MOTION CARRIED: PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance Number 2006-15, A Large Scale Comprehensive Plan Text Amendment (Referenced As LS-CPA-07-03) Which Creates Future Land Use (FLU) Element Policy 1.8.4, Establishing An Eastern Annexation Boundary For The City, Preventing The City From Expanding The City Boundary Beyond DeLeon Street. Ms. Salhstrom introduced this Agenda Item. Chairperson Karr opened the "Public Input" portion of the Agenda Item. Mr. Robert King, 2211 Black Hammock Road, Florida: on behalf of the Black Hammock Association, they wanted to thank the City for their support. Mr. King spoke about the jurisdiction, maintenance, and traffic issues of the road. He also spoke of noise issues. Chairperson Karr closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE THE MOTION THAT THIS REQUEST BE APPROVED AND SUBMITTED TO THE CITY COMMISSION FOR APPROVAL WHICH CREATES FUTURE LAND USE ELEMENT POLICY 1.8.4, ESTABLISHING AN EASTERN ANNEXATION BOUNDARY FOR THE CITY, PREVENTING THE CITY FROM EXPANDING THE CITY BOUNDARY BEYOND DeLEON STREET." MOTION BY ADVISORY BOARD MEMBER POE. SECONDED BY ADVISORY VICE CHAIRPERSON TILLIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 4, 2006 PAGE 5 0F 9 VOTE: CHAIRPERSON KARR: AYE BOARD MEMBER RYSER: AYE BOARD MEMBER POE: AYE VICE CHAIRPERSON TILLIS: AYE MOTION CARRIED. Ms. Sahlstrom asked Chairperson Karr, "I would like to ask for a five (5) minute recess before we continue?" Chairperson Karr said, "Sure." The Meeting recessed at 7:44 p.m. The Meeting was called back to Order by Chairperson Karr at 7:48 p.m. PUBLIC HEARINGS 203. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance Number 2006-16, A Large Scale Comprehensive Plan Text Amendment (Referenced As LS-CP A-07-04) Which Reconciles Conflicting Language Related To The Maximum Density Allowed Under The Land Use Classification Of "High Density Residential". Ms. Sahlstrom asked, "I would like to request that we continue this [Agenda] Item also, until October 16th [2006] to allow the City Attorney to do - research on this Item and bring it back at that time for a decision. Postpone to Date Certain to the October 16th, [2006]. " "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE [AGENDA] ITEM '203' REGARDING THE LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENT TO DATE CERTAIN, OCTOBER 16TH, [2006]." MOTION BY VICE CHAIRPERSON TILLIS. SECONDED BY ADVISORY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER RYSER: AYE VICE CHAIRPERSON TILLIS: AYE CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED. ATTACHMENT C ORDINANCE NO. 2006-15 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELA TING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENT, REFERENCED AS LG-CPA-07-03, WHICH SHALL AMEND THE COMPREHENSIVE PLAN RELEVANT TO THE FUTURE LAND USE ELEMENT; CREATING POLICY 1.8.4 ESTABLISHING AN EASTERN ANNEXATION BOUNDARY COMMENCING ON THE SOUTHERNBOUNDARYOFTHESHORESOFLAKEJESUP AND RUNNING SOUTHWARD ALONG THE EASTERN MOST BOUNDARY OF THE DELEON STREET RIGHT OF WAY AND TERMINATING ON THE NORTHERN MOST BOUNDARY OF THE CITY OF OVIEDO, BEYOND WHICH THE CITY SHALL NOT PROCESS VOLUNTARY OR INVOLUNTARY ANNEXATIONS; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, section 163.3161 et. seq., Florida Statutes, 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, on May 22, 2006, the City Commission adopted Ordinance 2006-02, establishing a formal policy of the City not to annex any real property located East of an imaginary line commencing on the Southern boundary of the shores of Lake Jesup and running Southward along the Eastern most boundary of the DeLeon Street right-of way and terminating at the Northern most boundary of the City of Oviedo; and WHEREAS, the City desires to amend its Comprehensive Plan consistent with the formal policy; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed City of Winter Springs Ordinance No. 2006-15 Page 1 of 4 public hearing, in accordance with the procedures in chapter 163, Florida Statutes, on the proposed Comprehensive Plan amendments and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and WHEREAS, the adoption of this Comprehensive Plan Text Amendment, is consistent with the Goals, Objectives and Policies of the City's adopted Comprehensive Plan; and WHEREAS, the Comprehensive Plan amendments adopted by this Ordinance comply with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act and the amendments are in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, 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 163.3184 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs' Comprehensive Plan. Section 4. Adoption of Amendments to Comprehensive Plan, Future Land Use Element. The City of Winter Springs Comprehensive Plan, Future Land Use Element, is hereby amended as follows Underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion of text from the Comprehensive Plan, Future Land Use Element. It is intended that the text denoted by the asterisks shall remain unchanged from the language existing prior to adoption of this Ordinance): FUTURE LAND USE ELEMENT *** D. GOALS, OBJECTIVES AND POLICIES GOAL 1: Quality of Life. To effectively manage the land use pattern in the City to enhance the qualify 0 f life for its citizens; promote economic vitality; and, accommodate population and development growth in an environmentally acceptable manner. City of Winter Springs Ordinance No. 2006-15 Page 2 of 4 *** Objective 1.8: Annexation. The City shall pursue a policy of annexation which will provide for the most efficient use of public facilities and services, eliminate areas of jurisdictional problems, and provide for sound growth and development of the City and surrounding area. *** Policy 1.8.4: The City shall not process any voluntary annexation petitions received from property owners. nor shall the City initiate any involuntary annexation procedure. involving any real property that is located east of an imaginary straight line which commences on the southern boundary of the shores of Lake Jesup and runs southward along the easternmost boundary of the Deleon Street right-of-way and which terminates on the northern most boundary of the City of Oviedo. *** Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions . All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 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 the amendments 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 City of Winter Springs Ordinance No. 2006-15 Page 3 of 4 legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2007. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No.2006-15 Page 4 of 4