HomeMy WebLinkAbout2023 12 11 Public Hearing 402 - Second Reading of Ordinance 2023-06, Amending the City of Winter Springs Comprehensive Plan, Infrastruture & Capital Improvement Elements - Stormwater Management & Levels of ServicePUBLIC HEARINGS AGENDA ITEM 402
CITY COMMISSION AGENDA | DECEMBER 11, 2023 REGULAR MEETING
TITLE
Second Reading 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 conduct another adoption hearing
regarding Ordinance No. 2023-06 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.
The City Commission previously held a Second Reading and Adoption of Ordinance
2023-06 on August 28, 2023, but the State Department of Commerce is requiring that
the City conduct another Adoption hearing as the ordinance was not timely filed by the
City with the Department of Commerce after that previous adoption hearing.
FUNDING SOURCE
RECOMMENDATION
Staff recommends that the City Commission hold an additional Public Hearing and
approve the Adoption of Ordinance 2023-06.
559
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
560
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
561
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).
562
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 Cit y’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):
* * *
563
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 evalu ate 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.
564
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
565
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: May 22, 2023
Transmittal Hearing: June 12, 2023
Second Legal Advertisement: August 16, 2023
Second Hearing: August 28, 2023
Third Legal Advertisement: December 5, 2023
Adoption Hearing: December 11, 2023
Effective Date: See Section 9
566
12 Orlando Sentinel | Section 1 | Tuesday, December 5, 2023
The right placetoadvertise your
Merc handise,Pets,Auto,Real
Estate,Ta gSales &FleaMarke ts,
Va cation Property,Wanted to
Buy Items and more!
Renting or Selling Yo ur Home?
placeanad.orlandosentinel.com
reach your buyersat
placeanad.orlandosentinel.com
Therightplacetoadvertise your
Merchandise,Lost &Found,Pets,Auto,
Real Estate,Tag Sales &Flea Markets,
Vacation Property,WantedtoBuy Items and more!
The right place to advertise your The right place to advertise your
Looking For AForever Friend?
placeanad.orlandosentinel.comStartyoursearchhere.
placeanad.orlandosentinel.com
NOTICE UNDER FICTITIOUS NAME
TO WHOM IT MAY CONCERN:
Notice is hereby given that the
under signed pursuant to the
“Fictitious Name Statute, Chapter
865.09, Florida Statutes, will register
with the Division of Corporations,
Department of State, State of
Florida upon receipt of this notice.
The fictitious name, to-wit:
NUMIRU
under which (I am) (we are) engaged
in business at 1156 W STAT E ROAD
434, LONGWOOD, FL 32750 That the
(party) (parties) interested in said
business enterprise is as follows:
NUMIRU, LLC
1032 E BRANDON BLVD #1250, BRANDON,
FL 33511
Dated at Longwood, Seminole
County , Florida, 12/05/2023
7543247 12/5/2023
VEOLIA KRUGER EQUIPMENT MAINTENANCE & REPAIR SERVICES RFQ 23/24-06PUBLIC NOTICE is hereby given by the City of Sanford, Florida, a municipal corporation existing under the laws of the State of Florida, invites interested, licensed and qualified firms to submit competitive sealed proposals in response to RFQ 23/24-06, Veolia Kruger Equipment Maintenance & Repair Services for the City of Sanford, as outlined in the RFQ solicitation document.
The bidder shall make themselves familiar with the City of Sanford’s Veolia Kruger equipment at various location in Sanford, Florida the Contractor shall provide all labor, materials, equipment, tools, and vehicles necessary to perform the duties of this solicitation if awarded a contract. The RFQ solicitation document is available for download from My VendorLink website at www.myvendorlink.com Questions regarding this solicitation must be received in writing at the address above no later than Thursday, December 21, 2023 at 2:00 P.M. Local Time.
Sealed responses shall be submitted to the City of Sanford, Attention: Purchasing Division, located at 300 N. Park Avenue Suite 243 2 nd Floor Sanford, Florida 32771 no later than Thursday, December 28, 2023 at 2:00 P.M. Local Time. 12/05/2023 7541837
Additional Public Notices can be found online at
classifieds.orlandosentinel.com and floridapublicnotices.com
NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGSNOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION WILL CONSIDER THE ADOPTION OF THE FOLLOWING:
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 STAT US OF THE COMPREHENSIVE PLAN AMENDMENTS; SEVERABILITY; AND AN EFFECTIVE DATE.
THE CITY COMMISSION SECOND READING/ADOPTION
PUBLIC HEARING
WILL BE HELD ON MONDAY, DECEMBER 11, 2023 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STAT E ROAD 434 WINTER SPRINGS, FLORIDA
THE CITY COMMISSION RESERVES THE RIGHT TO POSTPONE OR CONTINUE THE PUBLIC HEARING ON THIS ORDINANCE AT THIS MEETING WITHOUT FURTHER NOTICE.
The proposed ordinance may be obtained by interested parties Between 8 a.m. and 5 p.m., Monday through Friday, at the City’s Clerk’s Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327-1800#253. Persons with Disabilities needing assistance to participate in any of theseproceedings should call (407) 327-1800 #227, 48 hours in Advance of the meeting. This is a public hearing, and interested Parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based.
12/05/2023 7542236
OrlandoSentinel.com/celebration
•Anniversaries •Weddings
•Engagements
•Birthdays •Births
•Graduationand Other
Celebrations
Ideal For
CelebrateEvents
NOTICE TO PERSONS OR ENTITIES WHO MAY HAVE DOCUMENTS IN THE POSSESSION OF ATTORNEY FRANCES GRACE JAYNALFrances Grace Jaynal, of Pinellas Park, Florida, has been permanently disbarred. This attorney’s files are in the possession of an Inventory Attorney for the purposes of locating affected parties prior to destruction of said files. Those persons with claims to original documents that were in the keeping of Frances Grace Jaynal should contact Inventory Attorney Catherine Blackburn within the next 30 days at 727-826-0923, or email info@lifeplanlaw.com. Please provide documentation, which is required, that indicates your claim to any original will or legal document. 12/5/2023 , 12/12/2023 7533528
NOTICE OF PUBLIC SALE
JEY To wing & Recovery Services, gives notice of foreclosure of lien and intent to sell these vehicles at 11337 Rocket Blvd, Orlando Fl 32824, pursuant to subsection 713.78 of the Florida Statues.
JEY To wing & Recovery Services reserves the right to accept or reject any and/or all bids.
2000 MERCEDES BENZ VIN#WDBLJ65G5YF160000 12/19/2023 8:00AM
2012 FORD FOCUS VIN#1FAHP3F26CL254684 12/19/2023 8:00AM 12/5/23 7540016
S e lli n g T h a t
Old Appliance?
The right placetoadvertise
your MMMerchhhandddiiise,PPPets,
Auto,Real Estate,
Ta gSales &Flea Markets,
Va cation Property,
Wanted to Buy Items
and more!
Old Appliance?
placeanad .orlandosentin
e
l
.
c
o
m
placeanad.orlandosentinel.com
re ach yo ur bu ye rs at
567