HomeMy WebLinkAbout2021 10 14 Public Hearing 400 - Evaluation and Appraisal Report (EAR) based amendments to the Comprehensive Plan (Ordinance 2021-07) amending Comprehensive Plan related to Capital Improvements Element
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EXHIBIT A
CITY OFWINTER SPRINGS
CAPITAL IMROVEMENTS ELEMENT
COMPREHENSIVE PLAN
TABLE OF CONTENTS
A.GOALS, OBJECTIVES, ANDPOLICIES ................................................................................ 2
B.SUMMARY....................................................................................................................... 12
LIST OF TABLES
Table IX – 1: Cityof Winter Springs Five-Year Schedule of Capital Improvements (SCI) FY
2013/14 -2017/182022/26....................................................................................................11
Table IX–2: Five-Year Schedule ofCapital Improvements (SCI) FY 2013/14 - 2017/18
2022/26 by Fund ....................................................................................................................14
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COMPREHENSIVE PLAN
CHAPTER IX
CAPITAL IMPROVEMENTS ELEMENT
A.GOALS, OBJECTIVES, AND POLICIES
GOAL 1: Provide public facilities and services which protect and promote the public health,
safety and general welfare of WinterSprings’ residents in a sustainable manner and which
supportmobility strategies, whileaccommodating desired future growth and redevelopment at
acceptable Levels of Service. (Ord. 2010-18; 10-25-10)
Objective1.1:AnnualReview.TheCityshallannuallyreviewandmodifyitsCapital
Improvements Element to ensure the financialfeasibility and timelyprovision of capital facilities
neededtomaintainLevelofService(LOS)standards andtoguidetheCity’scapitaland
operatingexpendituresonmobilitytowardachieving thestatedgoal ofmobilityandreductionof
(Ord. 2010-18; 10-25-10)
the City’s level of greenhouse gases emissions.
Policy 1.1.1: Identify capital projects needed to meet existing deficiencies, to
accommodate desired future growthand to replace obsolete or worn-
out facilities in a five-year Schedule of Capital Improvements (SCI)
(Table IX-1). The SCI shall identify funding sources and shall be
reviewed and updated annuallyin order to maintain acontinualfive-
year priorityand outline of capital projects planned for
implementation.
Policy 1.1.2: Include the first year of the SCIin thecapital budget aspart of the
annual budgeting process, along with any other capital improvements
that are identified in the City’s Capital Improvements Program.
Policy 1.1.3: Define capital projects as those projects identified within the other
elements of the Comprehensive Plan that are necessary to meet
establishedLOSandtosupportmobilitystrategies,increasethe
capacity orefficiency of existing infrastructure, replace failing
infrastructure or enhance facilities and infrastructure that generally
have a cost exceeding $50,000. (Ord. 2010-18; 10-25-10)
Policy 1.1.4: Include and fund capitalprojects for the following facilities and
infrastructure in the SCI:
Transportation (Mobility Strategies) (Ord. 2010-18; 10-25-10)
Stormwater Management (Drainage)
Sanitary Sewer
Solid Waste
Potable Water
Parks and Recreation
Policy 1.1.5: Update the SCI to maintain consistency with the Water Supply Work
Plan (ExhibitIV-B-1).
Policy 1.1.6: Update the SCI on an annual basis, or eliminate, defer, or delay the
construction for any facilitylisted in the five-year SCI by ordinance
without an amendmentto the Comprehensive Plan.Transmit a copyof
the ordinance to the
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COMPREHENSIVE PLAN
Florida Department ofEconomic Opportunity following Commission approval.(Ord. 2012-14)
Policy 1.1.7: Allowcorrections and modifications of costs and revenue sources in the
SCI to be made byordinance,in addition to annual updates, withoutan
amendment to the City’sComprehensivePlan. Transmita copy of the
ordinance to the Florida Department of Economic Opportunity following
Commissionapproval.(Ord. 2012-14)
Policy1.1.8: Adopteither a long-termconcurrencymanagement systemand/or
other planningstrategy to address long-term LOS deficiencies.(Ord.
2012-14)
Policy 1.1.9: Consider capital projects for school capacityimprovements includedin
the most recently approved Seminole County School Board’s Five-Year
Capital Improvement Plan.(Ord. 2010-18; 10-25-10; Ord. 2012-14)
Objective 1.2:Level of Service (LOS)and Mobility Strategies.TheCity shall utilize Level of Service
determining
(LOS) criteria and mobility strategies defined in the various elements of this Plan when
the timing and fundingofcapitalprojects and to assist in determining a fair share that a
development should contribute to the achievement of mobility strategies. The City must
demonstrate thatthe LOSstandards will be achieved and maintained by the end of thefive-year
planning period. A deficiency is a facility of service that does not meet (is operating below) the
adopted Level of Service (LOS) standard.Within the citywide TCEA, mobility strategies as
detailed in the Multimodal Transportation Element shall apply, which include Quality/Levels of
Service (Q/LOS) for monitoring purposes. TheCity shall annually monitorevaluate whether
conditions that trigger the need to alter Q/LOS standards (as identified in the Multimodal
Transportation Element) have been achieved. If so, necessary improvements shall be included in
capital or operating budgets and within the Capital Improvements Element. (Ord. 2010-18; 10-25-
10)
Policy 1.2.1: Adopt LOS standards and mobility strategies for facilities and
infrastructureas follows:
a)Transportation(Mobility Strategies)-Within the citywide TCEA,
mobility strategies and standards (as detailed in the Multimodal
Transportation Element) shall apply. (Cross Reference: See Multimodal
Transportation Element, Policy 1.1.1) (Ord. 2010-18; 10-25-10)
b)Sanitary Sewer- 100 gallons per person per day. (Cross Reference:
See Infrastructure Element, Policy 1.1.1.)
c)Solid Waste- 3.7 pounds per person per day. (Cross Reference: See
Infrastructure Element, Policy 3.1.1.)
d)Potable Water- 115 gallons (minimum) per person per day. (Cross
Reference: See Infrastructure Element, Policy 2.1.1.)
e)StormwaterManagement-(Cross Reference: See Infrastructure Element,
Policy 4.1.1.)
1)WaterQuantity-Peakpost-developmentrunoff rate shall
not exceed peak pre-development runoff rate for the 25-
year, 24-hour storm event. Each development shall
accommodate its proportion of basin runoff rate abovethe
downstreamsystems actual capacity.
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COMPREHENSIVE PLAN
2)WaterQuality-Stormwatertreatmentsystemwhichmeets
the requirements of the Florida Administrative Code (F.A.C.)
andwhich is site-specific or serve sub-areas of the City.
3)Roadwayconstruction- All publicroadwayswithin a
development shall be designedand constructed to
standards which do not allowany amount ofwater above
the roadway centerline during the following storm events
for the following roadway types:
i.Local Roadway – 25-year, 24-hour design storm
event (8.6 inches of rainfall).
ii.Collector Roadway – 25-year, 24-hour design
storm event (8.6 inches of rainfall).
iii.Arterial Roadway – 100-year, 24-hour design
storm event (10.6 inches of rainfall).
f)Parks- 8acres (total publicpark and recreation land acreage,
including open space) per1,000residents. The City may utilize
State and county park lands and trails that are located within the
City’s jurisdictional boundaries. This standard includes both passive
and active recreation lands. (Cross Reference: See Recreation and Open
Space Element, Policy 1.1.1)
City Owned Open Space-4 acres per 1,000 residents. Open
space isdefinedas “undeveloped lands suitablefor passive
recreation or conservation”. (Cross Reference: See Recreation and Open
Space Element, Policy 1.1.1)
g)School Capacity- as established by the Seminole County School
Board- 100%of the aggregate permanent Florida Inventory of
School Houses(FISH)capacityfor eachschool type withineach
Concurrency Service Area, except for high schools which are
established at110%ofthe current aggregatepermanentFISH
capacity for 2008-2012 in order to financially achieve the
desired LOS. (Cross Reference: See Public School Facilities Element, Policy 1.1.1.)
Policy 1.2.2: Evaluate proposed landuse amendments to determine the compatibility
of those amendments with the adopted LOS standards, mobility
strategies, and with available funding for implementing improvements
that would be necessary pursuant to such land use amendments. (Ord.
2010-18; 10-25-10)
Policy 1.2.3: Consider the following thresholds to target initiation and budgeting of
construction and/or purchase of capital facilities to meet projected
future needs based on adoptedLOS standards: (Ord. 2010-18; 10-25-10)
Sewer – 7580 % of available capacity is being
utilized. Water – 7580 % of available capacity is
being utilized.
Stormwater – Adoption of Total Maximum Daily Loads (TMDL)
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Master Plan.
Recreation and Open Space – Park lands when 95 % of
available land area isutilizedor when 90 % of the population
exists in areas in need of new park acreage.
Policy 1.2.4: Maintain records which allow for an annual evaluation of the City’s
mobility strategies. Information is to include the acreage of
development/redevelopment by land use, density, and FAR; the
percentage ofmixed use;and an updated inventory of bicycle,
pedestrian and transit facilities and reduction in sidewalk gaps
between facilities. In addition, the City shall monitor its connectivity
index by TCEA Zone to ascertain any increase realized. Other site
planning performance criteria may also be included as part of the
TCEA evaluation such as, building placement, parking location and
number of spaces,connection to adjacent properties, and proximity to
transit stops/shelters. Performance Measures and Targets maybe
subject to furtherconsideration if they cannotbe supportedby
reasonably available dataor additional measures are identified that
may also beappropriate. (Cross Reference: See Multimodal Transportation
Element, Policy 1.11.9) (Ord. 2010-18; 10-25-10)
Objective 1.3: Capital Improvement Evaluation. Capital projects shall be evaluated to determine
if they meet the prioritization criteria and consistency with adopted Level of Service (LOS)
standards and/orpublic need.
Policy 1.3.1: Direct the Community Development Department–Planning Divisionto
oversee the coordination of the Capital Improvements Element annual
update. Consider the annual update as a 10-monthprocess that is
required to ensure that necessary facilities and infrastructure to meet
LOS standardsare incorporated into the budgeting process.
Policy 1.3.2: Require Capital Project Request Forms to be prepared by the
Community Development Department–Planning Division and distributed
to City departments priorto the budget workshop each year. (Ord.
2012-14)
Policy 1.3.3: Require project requests tobe prepared witha description of howthe
projectachievesormaintainsLOSorhowitwillimplementthe
Comprehensive Plan. Include a detailed cost analysis, with estimated
costs for design, construction, land acquisition, and annual operating
and maintenance costs.
Policy 1.3.4: Prioritize project requests for capital projectsaccording to thefollowing
criteria:
Whether the project eliminates a public hazard;
Whether the project is necessary to meet established LOS;
Whether the project increases the efficiency of existing facilities
or infrastructure;
Whether the project represents a logical extension of facilities
within the urban service area to accommodate desired future
growth;
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COMPREHENSIVE PLAN
Whether the project implements the policies of the
Comprehensive Plan as they pertain to concurrency
requirements;
Whether the project contributes to the completion of one or
more of the goals identified in the City’s most recently adopted
Strategic Plan;(Ord. 2012-14)
Whether the project is coordinated with major projects of other
agencies;and
Whether the project is mandated by the State or Federal
government.
Policy 1.3.5: Require project requests to be evaluated by the FinanceDepartment to
determine eachproject’s impact on the Citybudget and the financial
feasibility of the project. Evaluate each project’s funding options, the
effect of the improvementonfuturerevenues, and the effect of the
improvementon operation and maintenance costs.
Policy 1.3.6: Require the Community Development Department to evaluate the
timing, location, and service area for each project request and
determine the project’s consistency withthe Winter Springs
Comprehensive Plan.
Policy 1.3.7: Include key staff in an internal Capital Improvements Element
coordination workshop, aspartof the annual budgetreview process, to
discuss project requests and staff’s findings. (Ord. 2012-14)
Policy 1.3.8: Compile the resulting information into a draft Capital Improvements
Program which shallbe presentedto the Local PlanningAgency for
review and recommendation prior to being presented to the City
Commission. (Ord. 2012-14)
Objective 1.4: NewDevelopment to Bear aProportionate Cost. New development shall bear a
proportionate cost of public facility improvements in order to maintain adopted level of service
(LOS) standards and mobility strategies. (Ord. 2010-18; 10-25-10)
Policy 1.4.1: Evaluate all development order applications as to the impact of the
development on capital facilities and the operation and maintenance
of those facilities. Theevaluationshall include, but not be limited to,the
following:
Expected capitalcosts,including theinstallationofnew
facilities requiredthat are related to the development.
Expected operation and maintenance costs associated with
the newfacilities requiredbythedevelopment.
Anticipated revenues the development will contribute,
including impact fees, user fees, and future taxes.
Policy 1.4.2: Guarantee the timely installation of capital improvements required to
meet LOS and mobility strategies which are to be funded by a
developer, in an enforceabledevelopment agreement, interlocal
agreement, or other enforceable agreement. Executesuch agreements
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underthe City'sconstitutional home rule power as authorized in
Chapter 166, Florida Statutes or as otherwise authorized by law. (Ord.
2010-18; 10-25-10)
Policy 1.4.3: Require a development agreement and/or development to proceed in
more than one phase, when appropriate, to ensure that LOS standards
(Ord. 2010-18; 10-
are maintained and mobility strategies implemented.
25-10)
Policy 1.4.4: Continue to useimpactfees toassess new development a pro rata
shareof the costs requiredtoexpand oracquirecapitalfacilities or
equipment made necessary by the new constructionfromwhichthefees
were collectedor for principal payments on debt instruments for these
facilities and services.
Policy 1.4.5: Require newdevelopmentstobe responsibleforinstalling all internal
potable and reclaimed water and sewer systems, vehicular, bicycle,
and pedestrian circulation systems, and internal recreation/open space
facilities within their development. Connectinginternalsystemsto
designated major potable and reclaimed water and sewer trunk
systems and vehicular, bicycle, and pedestrian circulation network is the
financial responsibility of thedeveloper. (Cross Reference: SeeMulti-
Modal Transportation Element, Policies 1.5.3; 1.5.4;and 1.5.13) (Ord. 2010-18;
10-25-10)
Objective 1.5: FundingSources. The City shall pursue adequate funding of capital projects
identified in the Schedule of Capital Improvements (SCI). The School District retains the
responsibility for financing and constructing school facilities.
Policy 1.5.1:Demonstrate that funds for the Capital Improvements Element areeither
funded orunfunded. Consider committed revenue sources as:advalorem
taxes, approved bonds, secured grants, state and federal funds, tax
revenue, impactfees, service charges and developercontributions
(included within an enforceable developmentagreement). (Ord. 2012-
14)
Policy 1.5.2: Allow planned revenue sources to include the City’s intent to increase
the level or amount of a revenue source, which is contingent on
ratification by publicreferendum. Amend the Capital Improvements
Element ifthe referendum fails, toinclude policies which identify
alternative funding sources or take other actions as needed to make
the SCI financiallyfeasibility while meeting concurrency.
Policy 1.5.3: Include projects whichare relied upon to satisfy LOS standards even
when funded by sources outside the City. Include those funds as the
revenue source within the SCI.
Policy 1.5.4: Any funding for capital improvement projects provided by a developer
shall beguaranteed in an enforceable development agreement or
interlocal agreement or other enforceable agreement. Reflect the
agreementin the SCI as the revenue source, if the capital improvement
is necessary to serve the development within the 5-year period. (Ord.
2012-14)
Policy 1.5.5: Consider thefollowing criteria in selecting sources to finance public
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CAPITAL IMROVEMENTS ELEMENT
COMPREHENSIVE PLAN
facilities:
Utilize to the extent possible, the following sources (listed in order of
priority and preference) to finance public facilities:
Grants or other intergovernmental sources
Developer contributions(inclusive of dedicated land andimpact
fees)
User revenues (inclusiveof charges for services, local option gas
tax, etc.)
Sales tax (local option infrastructure surtax)
Proceeds of Debt Instruments
Ad valorem property taxes
Policy 1.5.6: Continue to participate in METROPLAN ORLANDO to ensure funding
distribution for transportation projects and mobility strategies identified
in the SCI. (Ord. 2010-18; 10-25-10)
Policy 1.5.7: Apply state revenue sharing motor fuels tax funds for traffic related
maintenance and capital improvement projects.
Policy 1.5.8: Reserve the net proceeds of the Seminole County Local Option Gasoline
Tax (LGTX) specifically for trafficrelated maintenance and capital
improvement projects, after payment of existing bond obligations.
Policy 1.5.9: Reserve total proceeds from the Seminole County Local Option Sales
Tax (1CTX) for transportation related capital projects.
Policy 1.5.10: Reserve funds collected from Impact Fees for growth related capital
outlays.
Reserve proceeds from the Stormwater Utility Fund (SUF) for
stormwater management operating needs and capital projects.
Maintain a reserve account restricted for sanitary sewer related capital
projects.
Policy 1.5.11: Reserve a portion of funds collectedfrom the Utility EnterpriseFund
(UEF) to complete sanitary sewer and potable water capital projects.
Policy 1.5.12: Continue to contain provisions for all new developments to provide
parks and recreation lands and/or facilities and/or fees-in-lieu-of as
specified in the Recreation and Open SpaceElement.
Objective 1.6: Debt Management. The City shall manage debt issuance and obligations according
to sound public fiscal management principles so that the City is able to provide needed capital
improvements andmaintain services at adopted levels of service (LOS).
Policy 1.6.1: Consider the following as criteria for managing debt financing:
The City does not have legal debt limits or utilize specific debt ratios
such as the limitation on the use of revenue bonds as a percent of total
debt; the maximum ratio of total debt service to total revenue; and the
maximum ratio of outstanding capital indebtedness to property tax
base. Insteadeach debtissuance is evaluated on an individual basis
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giving consideration to the following factors:
Type of facility being financed;
Significance of the annual debt service requirement;
Favorable impact to the City;
EconomiccapacityoftheCity;
Overlapping debtwhich depends onthe same economic base;
and
Projected City growth rate.
Policy 1.6.2: Manage debt with the goal of maintaining or enhancing the City’s
creditratingsoastolowertotalborrowingcosts.
Policy 1.6.3: Do not utilize long-term debt to fund current and ongoing operations;
Allowtheuseofshort-termdebttoallowtheCitytomeetitscashflow
requirements or to provide increased flexibility in financing programs;
Allow debt to be issued for renovations, updates, modernizations and
rehabilitations provided theexpenditures extend the useful life of the
capital asset;
Require capital financed throughthe use of long-term debt to be
financed for aperiod not to exceed the expected useful life of the
asset.
Policy 1.6.4: Utilize external bond counsel for all debt issues and competitively bid
allbondsissuedbytheCityunlesstheCityapprovesanegotiatedsale.
Policy 1.6.5: Evaluate the use of revenue bonds as a debt instrument, basedon the
following criteria:
A five (5) year projection of committed and/or planned
revenues related to the capitalproject beingfinanced shall be
prepared and updated annually as a part of the SCI update.
On an annual basis, theCity will restrict, for enterprise
operations, the amount of cash as requiredby bond covenants
for the purpose of ensuring adequate repair and/or
replacement of capital facilities.
Policy 1.6.6: Evaluate the use of tax revenues as a pledge for the repayment of
debt, based on the following criteria:
A five (5) year projection of committed and/or planned
revenues related to the capitalproject beingfinanced shall be
prepared and updated annuallyas a part of the SCI update.
The City may use long term capital lease payments on lease
purchases for capital projects identified within this element,
provided adequate debt service requirements are provided.
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Policy 1.6.7: The impact of principal and interest revenue bond payments onthe
operation and maintenance of the affected utility and/ordepartment
will not require deferringcurrent maintenanceof existinginfrastructure.
Policy 1.6.8: Budget cashrestricted dueto bond and grant covenants in accordance
with the terms of the covenants.
Policy 1.6.9: Competitively bid investment of escrow funds for advance refunding if
it is expected that bids will result in a lower cost and therequired
securities are available in the market.
Objective 1.7: Concurrency Management. The City shall continue to operate a Concurrency
Management System for the review of all proposed developments within the City. As part of the
City’s Concurrency Management System, the City will help facilitate school concurrency review by
the School Board andshall relyupon the School Boardtodetermine andreport to theCityif
schoolcapacityisavailable.
Theconcurrencyevaluationsystemshallmeasurethepotentialimpactofanyproposalfora
development permit or order upon the City’s multimodal transportation network and the
established minimum acceptable levels of service (LOS) for public schools, sanitary sewer, solid
waste, drainage, potable water, and parks and recreation facilities, unless the development
permit or order is exempt from the review requirements of this section. No development permit or
order which containsa specific planof development, including densities andintensities of
development, shall be issued unless adequate public facilitiesare available toserve the proposed
development as determined by the concurrencyevaluation set forth in this section. (Ord. 2010-18;
10-25-10)
Policy 1.7.1: FacilitiesInventory andReporting. Maintain an inventory of the bicycle
and pedestrian facility network, and the available capacity of roads,
potable water, and sanitary sewer facilities for purposes of concurrency
management and mobility evaluation. The City shall coordinate with
LYNX to determine the operating LOS for transit within the City as a part
of its LOS monitoring. (Ord. 2010-18; 10-25-10)
Policy 1.7.2: Maintain aninventoryofpublic parks and acreage within the City’s
Geographic Information Systems mapping software, for purposes of
evaluatingconcurrency.
Policy 1.7.3: Require theCommunityDevelopment Department- Planning Division in
conjunction with the Public Works/Utility Department and Parks and
Recreation Department to evaluate and report oncurrentcapacity
withineach publicfacility category, including any encumbrances or
deficiencies as part of the annual update to theCapital Improvements
Element. Identify any public facilities thatwillrequire improvements to
maintain adopted LOS.
Policy 1.7.4: Require the Utility Department to maintain data on current water
supply demand and permitted capacity and supply this datato the
Planning Division on an as-needed basis for evaluation of proposed
future landuse map amendments. (Cross Reference: See Future Land Use
Element, Policy 1.3.4.)
Policy 1.7.5: Withhold a developmentorder unlessit can be determined that
adequate watersupplies and associated publicfacilitiesandservices
are available. Consider public facility and service availability as
sufficient ifthepublicfacilities and services for adevelopmentare
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phased,orthedevelopment isphased so that the public facilities and
those related services which are deemed necessary by theCity to
operate the facilities necessitated by the development are available
concurrent with the impacts of that development. (Cross Reference: See
Future Land Use Element Policy 1.3.4.)
Policy 1.7.6: Withhold the approvalof any site plan,finalsubdivision or functional
equivalent which includes newresidential unitsnot exemptedbythe
2007 current Seminole County School Board Interlocal Agreement for
PublicSchool Facility Planning and School Concurrency As Amended
January 2008 until the School Board hasreported that there isschool
capacity available or amitigationagreement has been reached.(Cross
Reference: See Public School FacilityElement, Policy 1.2.1 and Intergovernmental
Coordination Element,Policy 1.2.9)
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26
/
5
CAPITAL
202
–
22
2021/
2017/18
–
2013/14
FY
12
(SCI)
-
IX
Improvements
Capital
of
Schedule
Year
-
Five
Springs
PLAN
SPRINGS
Winter
of
City
WINTER
1:
–
OF
IX
CITYCOMPREHENSIVE
Table
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ELEMENT
IMPROVEMENTS
CAPITAL
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-
IX
PLAN
SPRINGS
WINTER
OF
CITYCOMPREHENSIVE
87
ELEMENT
IMPROVEMENTS
CAPITAL
14
-
IX
PLAN
SPRINGS
WINTER
OF
CITYCOMPREHENSIVE
88
ELEMENT
IMPROVEMENTS
CAPITAL
15
-
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PLAN
SPRINGS
WINTER
OF
CITYCOMPREHENSIVE
89
ELEMENT
IMPROVEMENTS
CAPITAL
16
-
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PLAN
SPRINGS
WINTER
OF
CITYCOMPREHENSIVE
8:
ELEMENT
IMPROVEMENTS
CAPITAL
17
-
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PLAN
SPRINGS
WINTER
OF
CITYCOMPREHENSIVE
91
ELEMENT
IMPROVEMENTS
CAPITAL
18
-
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PLAN
SPRINGS
WINTER
OF
CITYCOMPREHENSIVE
92
ELEMENT
IMPROVEMENTS
CAPITAL
19
-
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PLAN
SPRINGS
WINTER
OF
CITYCOMPREHENSIVE
93
ELEMENT
IMPROVEMENTS
Fund
by
CAPITAL
2025/26
–
2021/22
2017/18
–
20
-
2013/14
IX
FY
(SCI)
Improvements
Capital
of
Schedule
Year
-
PLAN
SPRINGS
Five
2:
–
WINTER
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OF
Table
CITYCOMPREHENSIVE
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IMPROVEMENTS
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PLAN
SPRINGS
WINTER
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CITYCOMPREHENSIVE
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ELEMENT
IMPROVEMENTS
CAPITAL
22
-
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PLAN
SPRINGS
WINTER
OF
CITYCOMPREHENSIVE
96
ELEMENT
IMPROVEMENTS
CAPITAL
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PLAN
SPRINGS
WINTER
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CITYCOMPREHENSIVE
97
ELEMENT
IMPROVEMENTS
CAPITAL
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PLAN
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WINTER
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CAPITAL IMROVEMENTS ELEMENT
B.SUMMARY
The Capital Improvements Element (CIE) is themechanismused to guide and implementthe
ComprehensivePlanthroughtheprogrammingofpublicfacilitiesandservicesasidentifiedinthe
other elements of the Comprehensive Plan. TheCIE is tobe annuallyupdated and adopted toreflect
the timing and funding of capital projects to meet or maintain adopted Levels of Service (LOS)
Ord. 2012-14)
standards or implement the Goals, Objectives, and Policies of the Comprehensive Plan.(
The purpose of the CIE and the Schedule of Capital Improvements (SCI) is to ensure that necessary
facilities and infrastructure will be in place to meetthe LOS standards established within the
Comprehensive Plan, by addressing them through the annual budgeting process. The SCI alsoacts as
amonitoringsystemtoensurethatprogrammedcapitalimprovementsareactuallycompletedduringthe
five-year planning period.
The SCI includes those capital improvement projects for which the local government has fiscal
responsibility, as well as some projects for which the City does not have fiscalresponsibility, including
school facilities, certain transportation facilities, some water supply facilities, and privately funded
projects necessary to ensure that adopted LOS standards are achieved and maintained.
Capital improvements must be based on sufficient revenues being currently available or available
from committed funding sources for the first threeyears of the CIE. Sufficient revenues for years 4 and
5 shall be demonstrated by ensuring that funds are committed or planned. Revenue sources may include:
tax revenues, bonds, state and federal funds, impact fees, service charges, and developer contributions.
Expenditures or appropriations included in the City’s annual operating and capital budget are to
coincide with SCI as well as the City’s capital improvements program. (Ord. 2012-14)
Concurrency related facilities in the followingareas are to be included:
Transportation Facilities
Sanitary Sewer
Potable Water
Solid Waste
Stormwater (drainage)
Parks and Recreation
Schools
If the LOS Standardsare not met, City concurrencymanagement policies requiresa local
government tothe denial ofyapplicationsfor development orders andpermits until the deficiency
is addressed. In order toassure that facilities will bein place to maintain LOS standards in a timely
manner and prevent a concurrency moratorium, the SCI must address known or identified deficiencies.
\[Note: Land acquisition and design studies should beincluded, but do not satisfyconcurrency- Only
programmedconstructionphases satisfy concurrency.\] (Ord. 2012-14)
IX - 26
99
ORDINANCE NO. 2021-07
A ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,
SETTING FORTH AMENDMENTS TO THE CITY OF
WINTER SPRINGS COMPREHENSIVE PLAN, CAPITAL
IMPROVEMENTS ELEMENT BASED ON THE CITY’S
EVALUATION AND APPRAISAL OF THE
COMPREHENSIVE PLAN PURSUANT TO SECTION
163.3191, FLORIDA STATUTES; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE
COMPREHENSIVE PLAN; LEGAL STATUS OF THE
COMPREHENSIVE PLAN AMENDMENTS; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing
process; and
WHEREAS, section 163.3161 et. seq., Florida Statutes, established Community Planning
Act; and
WHEREAS, consistent with the Community Planning Act, the City Commission has
adopted the City of Winter Springs Comprehensive Plan; and
WHEREAS, as required by section 163.3191, Florida Statutes, the City has conducted an
evaluation of its Comprehensive Plan, Capital Improvements Element, to determine if plan
amendments are necessary to reflect changes in state requirements since the last update of the City’s
Comprehensive Plan, which is required to be adopted every seven (7) years to assess the progress of
implementing the City=s Comprehensive Plan; and
WHEREAS, section 163.3177, Florida Statutes, requires that the Comprehensive Plan
contain a capital improvements element designed to consider the need for and the location of public
facilities in order to encourage the efficient use of such facilities and set forth components that
outline principles for construction, extension, or increase in capacity of public facilities and
principles for correcting existing public facility deficiencies, which are necessary to implement the
comprehensive plan, covering at least a 5-year period; and
WHEREAS, the Local Planning Agency has reviewed the amendments to the
Comprehensive Plan, Capital Improvements Element, set forth herein, held an advertised public
hearing, provided for participation by the public in the process, and rendered its recommendations to
City of Winter Springs
Ordinance No. 2021-07
Page 1 of 4
9:
the City Commission; and
WHEREAS, the City Commission, after considering the Local Planning Agency=s review
comments and recommendations for amendments to the Capital Improvements Element, desires to
adopt the amendments set forth herein; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
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
Community Planning Act, Sections 163.3184 and 163.3191, Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent of this ordinance is to adopt text
amendments to the City’s Comprehensive Plan as set forth herein, which are based on the City=s
evaluation and appraisal of the Comprehensive Plan pursuant to Section 163.3191, Florida Statutes.
Section 4. Adoption of Text Amendments to the Comprehensive Plan, Capital
Improvements Element. The Winter Springs Comprehensive Plan, Capital Improvements Element
is hereby amended only as specifically enumerated and set forth in Exhibit “A” attached hereto and
fully incorporated herein by this reference. (Underlined type indicates additions and strikeout type
indicates deletions). It is intended that the text in the Comprehensive Plan not specifically
enumerated and set forth in this Exhibit shall remain unchanged from the language existing prior to
adoption of this Ordinance).
Section 5. Transmittal to the Department of Economic Opportunity. The City Manager or
his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Economic Opportunity for state coordinated review and to
any other agency or local government providing timely comments, in accordance with Section
163.3184(4), Florida Statutes.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission of the City of Winter Springs, or parts
of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
City of Winter Springs
Ordinance No. 2021-07
Page 2 of 4
:1
Section 7. 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 8. 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 9. Effective Date and Legal Status of the Plan Amendment. The effective date of the
Comprehensive Plan Amendments adopted by this Ordinance shall be pursuant to the state land
planning agency’s notice of intent. If timely challenged, an amendment does not become effective
until the state land planning agency or the Administration Commission enters a final order
determining the adopted amendment to be in compliance as defined in 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.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the ____ day of ________________, 2021.
____________________________________
Kevin McCann,Mayor
ATTEST:
_______________________________
Christian Gowan,City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
______________________________________
Anthony A. Garganese, City Attorney
Transmittal Hearing: _____________________
Adoption Hearing: _____________________
City of Winter Springs
Ordinance No. 2021-07
Page 3 of 4
:2
Effective Date: _____________________
City of Winter Springs
Ordinance No. 2021-07
Page 4 of 4
:3
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