HomeMy WebLinkAboutOrdinance 2023-06 Amending Comp Plan, Infrastructure Element, and Capital Improvement Element related to Stormwater ManagementORDINANCE NO.2023-Qb
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
City of Winter Springs
Ordinance No. 2023-06
Page 1 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 strikeellt 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
City of Winter Springs
Ordinance No. 2023-06
Page 2 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 peek post -development peak discharge oaf€
rate or discharge volume as applicable shall not exceed the peak pre -development
f:une eak discharge rate or discharge volume for the 25-ye,24 hottF 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 Pane 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 (EA.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 (4" 11.6 inches of
rainfall).
City of winter Springs
Ordinance No. 2023-06
Page 3 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 Gull. Cy reek
and Sweetwater Creek) e fisting dF ;. age syste. These storm events were selected by the City's
staff to evaluate the LOS of the City's drainage basins existing secondary drainage s -ste s The
approximate LOS for the City's six 6 drainage basins was
determined as required by Chapter 97-5, 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 S. 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 �*.•� 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):
City of Winter Springs
Ordinance No. 2023-06
Page 4 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 (QILOS) for monitoring purposes. The City shall annually monitor evaluate whether
conditions that trigger the need to alter QILOS 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. 2010-15; 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 - Peal, post development F „ff Fate
event.sh-all ;;-At emeeed peak pi-e development runoff rate fo
The post -development
peals discharge rate or discharge volume as applicable
shall not exceed the pre -development peals 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.
City of winter Springs
Ordinance No. 2023-06
Page 5 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 (4"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
City of Winter Springs
Ordinance No. 2023-06
Page 6 of 7
amendment shall have the legal status of the City of Winter Springs Comprehensive Plan, as
amended.
ATTEST:
CHRISTIAN GGWAN
City Clerk
Approved as to legal form and sufficiency for
The City Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Legal Advertisement:
Transmittal Hearing:
Second Legal Advertisement:
Second Hearing:
Third Legal Advertisement:
Adoption Hearing:
Effective Date:
May 22, 2023
June 12, 2023
August 16, 2023
August 28, 2023
December S, 2023
December 11, 2023
City of Winter Springs
Ordinance No. 2023-06
Page 7 of 7
KEVIN AcCANN
Mayor
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