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HomeMy WebLinkAbout2023 06 12 Public Hearing 401 - First Reading Ordinance 2023-06 Amending Comprehensive Plan Infrastructure and Capital Improvement Elements re Stormwater Management and Level of Service.pdfPUBLIC HEARINGS AGENDA ITEM 401 CITY COMMISSION AGENDA | JUNE 12, 2023 REGULAR MEETING TITLE Consideration of Ordinance 2023-06, Amending the City of Winter Springs Comprehensive Plan, Infrastructure Element and Capital Improvements Element relating to Stormwater Management and Levels of Service. SUMMARY Staff is requesting that the City Commission hold a Public Hearing and approve the First Reading, amending the City of Winter Springs Comprehensive Plan, Infrastructure Element and Capital Improvements Element relating to Stormwater Management and Levels of Service. On January 9, 2023, the City Commission adopted a temporary moratorium on the filing, processing, consideration, or decision of final engineering plan and subdivision of land applications for developments requiring the construction of stormwater management and drainage systems. As a result of the adoption of that temporary moratorium, the City Commission instructed City Staff to work with Pegasus Engineering to study the impacts of recent flooding as a result of Hurricane Ian and Hurricane Nicole and to determine if there were changes that could be made to Chapter 9 of the City Code related to stormwater design requirements. This ordinance amends the City's Comprehensive Plan, specifically the Infrastructure Element and Capital Improvements Element, to address changes to the City's stormwater management requirements addressed in Ordinance 2023-07. RECOMMENDATION Staff recommends that the City Commission hold a Public Hearing and approve the First Reading of Ordinance 2023-06. 63 City of Winter Springs Ordinance No. 2023-06 Page 1 of 7 ORDINANCE NO. 2023-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AMENDING THE CITY OF WINTER SPRINGS COMPREHENSIVE PLAN, INFRASTRUCTURE ELEMENT AND CAPITAL IMPROVEMENTS ELEMENT RELATING TO STORMWATER MANAGEMENT AND LEVELS OF SERVICE, 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 the Community Planning Act; and WHEREAS, consistent with the Community Planning Act, the City Commission adopted the City of Winter Springs Comprehensive Plan; and WHEREAS, pursuant to the Community Planning Act, the City of Winter Springs may update its Comprehensive Plan as necessary to adapt to the changing needs of the City’s residents and to ensure that the Plan reflects the best practices in city planning thus ensuring responsible future development; and WHEREAS, several recent severe rainfall events, including Hurricane Ian and Hurricane Nicole in 2022, have caused or contributed to increased levels of stormwater runoff and significant amounts of flooding throughout the City; and WHEREAS, as a response to these severe storm events, the City enacted a temporary moratorium via Ordinance 2022-12 within the jurisdictional limits of the City of Winter Springs regarding the filing, processing, consideration, and decision of final engineering plan and subdivision of land applications for development requiring construction of stormwater management and drainage systems in all zoning districts of the City and requested that the City staff and City Attorney develop amendments to the applicable comprehensive plan requirements to enhance the stormwater design requirements of the City; and WHEREAS, the City’s Stormwater Engineer has conducted a thorough review of the City’s stormwater management policies and has recommended that changes be made to the City’s Comprehensive Plan and associated land development regulations in order to ensure that the City’s infrastructure and future developments are designed to accommodate the increased amount of 64 City of Winter Springs Ordinance No. 2023-06 Page 2 of 7 stormwater runoff associated with increasingly strong and frequent severe rainfall events in the City of Winter Springs and Central Florida; and WHEREAS, the Local Planning Agency has reviewed the amendments to the Comprehensive Plan, Infrastructure Element and 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 the City Commission; and WHEREAS, the City Commission, after considering the Local Planning Agency’s review comments and recommendations for amendments to the Comprehensive Plan Infrastructure Element and the Comprehensive Plan Capital Improvements Element, desires to adopt the amendments set forth herein; and WHEREAS, the City Commission hereby finds that updating the City’s stormwater management policies is vital for the future well-being of the City and its residents; 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; and 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 163.3161, et. seq., Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt amendments to the Comprehensive Plan which incorporate the revisions stated herein as a part of the City of Winter Springs Comprehensive Plan. Section 4. Adoption of Text Amendment. The City Commission of the City of Winter Springs hereby amends the Infrastructure Element of the Winter Springs Comprehensive Plan as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the text existing in the Infrastructure Element. It is intended that the text in the Infrastructure Element denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to the adoption of this Ordinance): * * * CHAPTER IV INFRASTRUCTURE ELEMENT 65 City of Winter Springs Ordinance No. 2023-06 Page 3 of 7 IV-A GOALS, OBJECTIVES AND POLICIES * * * DRAINAGE GOAL 4: Provide a stormwater system of appropriate capacity to protect the life and property of the citizens of the City, as well as decreasing adverse environmental impacts attributable to stormwater runoff. Objective 4.1: Flood Control. The City shall achieve and maintain the following adopted stormwater management Level of Service (LOS) standards that shall meet or exceed state and federal regulations for stormwater quality and quantity. Policy 4.1.1: Adopt LOS standards as follows: Require new development and redevelopment to meet the following water quality and quantity standards. • Water Quantity - At a minimum, the peak post-development peak discharge runoff rate or discharge volume as applicable shall not exceed the peak pre-development runoff peak discharge rate or discharge volume for the 25-year, 24-hour design storm events identified in the City’s Land Development Code. In addition, if downstream facilities (from the positive outfall of the development) are inadequate to convey the post-development peak discharge rates for the applicable design storm events, the development shall be required to accommodate its proportion of basin runoff the discharge rates above the downstream systems actual capacity. • Water Quality - Stormwater treatment shall be required to serve the development through a stormwater treatment system which is site-specific; or serve sub-areas of the City and, if applicable, Seminole County. Regardless of the area served, the stormwater treatment system must provide a level of treatment which meets the requirements of the Florida Administrative Code (F.A.C.). • Roadway construction - All public roadways within a development, and required as part of the development order, shall be designed and constructed to standards which do not allow any amount of water above the roadway during the following storm events for the following roadway types: • Local Roadway – 25-year, 24-hour design storm event (8.6 inches of rainfall). • Collector Roadway – 25-year, 24-hour design storm event (8.6 inches of rainfall). • Arterial Roadway – 100-year, 24-hour design storm event (10.6 11.6 inches of rainfall). 66 City of Winter Springs Ordinance No. 2023-06 Page 4 of 7 * * * IV-E DRAINAGE SUB-ELEMENT * * * B. STORMWATER FACILITIES INVENTORY * * * 3. Capacity and Level of Service The areas of Winter Springs that have a paved infrastructure system under the control and maintenance of the City and have a stormwater management system with a design capacity to handle a 25-year, 24-hour storm event represent approximately 59% of the City’s overall area. Approximately 95 percent of the City’s drainage facility capacity is apportioned to the City; the remainder serves the cities of Oviedo and Casselberry. The 10-, 25-, and 100-year, 24-hour storm events were considered in the analysis of the City’s six (6) drainage basins (Soldiers Creek, Gee Creek, No Name Creek, Howell Creek, Bear Gully Creek and Sweetwater Creek) existing drainage systems. These storm events were selected by the City’s staff to evaluate the LOS of the City’s drainage basins existing secondary drainage systems. The approximate LOS for the City’s six (6) drainage basins secondary drainage systems was determined as required by Chapter 9J-5, F.A.C. The LOS for the analysis of the secondary basins was assigned as summarized below: • LOS A – Protection from 100-year, 24-hour storm event • LOS B - Protection from 25-year, 24-hour storm event • LOS C - Protection from 10-year, 24-hour storm event • LOS D - Flooding from 10-year, 24-hour storm event * * * Section 5. Adoption of Text Amendment. The City Commission of the City of Winter Springs hereby amends the Capital Improvements Element of the Winter Springs Comprehensive Plan as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the text existing in the Capital Improvements Element. It is intended that the text in the Capital Improvements Element denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to the adoption of this Ordinance): * * * 67 City of Winter Springs Ordinance No. 2023-06 Page 5 of 7 CHAPTER IX CAPITAL IMPROVEMENTS ELEMENT A. GOALS, OBJECTIVES, AND POLICIES * * * Objective 1.2: Level of Service (LOS) and Mobility Strategies. The City shall utilize Level of Service (LOS) criteria and mobility strategies defined in the various elements of this Plan when determining the timing and funding of capital projects and to assist in determining a fair share that a development should contribute to the achievement of mobility strategies. The City must demonstrate that the LOS standards will be achieved and maintained by the end of the five-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. The City shall annually monitor evaluate 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 infrastructure as follows: * * * e) Stormwater Management- (Cross Reference: See Infrastructure Element, Policy 4.1.1.) 1) Water Quantity - Peak post-development runoff rate shall not exceed peak pre-development runoff rate for the 25year, 24-hour storm event. The post-development peak discharge rate or discharge volume as applicable shall not exceed the pre-development peak discharge rate or discharge volume for the design storm events identified in the City’s Land Development Code. Each development shall accommodate its proportion of basin runoff rate above the downstream systems actual capacity. 2) Water Quality - Stormwater treatment system which meets the requirements of the Florida Administrative Code (F.A.C.) and which is site-specific or serve sub- areas of the City. 68 City of Winter Springs Ordinance No. 2023-06 Page 6 of 7 3) Roadway construction - All public roadways within a development shall be designed and constructed to standards which do not allow any amount of water 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 11.6 inches of rainfall). * * * 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. 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 Amendment adopted by this Ordinance shall be thirty-one (31) days after the state land planning agency notifies the City that the plan amendment package is complete pursuant to section 163.3184 (3)(c), Florida Statutes. If the plan amendment is timely challenged, the plan amendment shall 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. No development orders, development permits, or land use dependent on this plan amendment may be issued or commenced before it has become effective. After and from the effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the plan 69 City of Winter Springs Ordinance No. 2023-06 Page 7 of 7 amendment shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ______________________________ 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 First Legal Advertisement: ___________ Transmittal Hearing: ___________ Second Legal Advertisement: ___________ Adoption Hearing: ___________ Effective Date: ___________ 70