HomeMy WebLinkAbout1999 12 13 Public Hearings Item G
COMMISSION AGENDA
ITEM G
Consent
Informational
Public Hearing X
Regular
December 13, 1999
Meeting
--V.
Mgr. / ~t.
Authorization
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a second public hearing to adopt three (3) large scale comprehensive plan amendments
(LG-CPA-2-98, LG-CPA-3-98, LG-CPA-4-98 dealing with land conservation and resource
protection.
PURPOSE:
The plan amendment is intended to ensure: (1) the preservation of the City's vegetative and
wildlife habitat of species designated as endangered, threatened or of special concern, significant
cultural and archaeological resources; (2) coordinate with the resource protection plans oflocal,
state and federal jurisdiction in the development of the Town Center; and (3) participate in the
development and management practices of any SWIM Plan or similar type plan by agencies.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3184(7) F.S. which states in part: "... .The adoption of the proposed plan
or plan amendment or the determination not to adopt a plan amendment, other than a plan
amendment proposed pursuant to 163.3191 F.S. shall be made in the course of a public hearing
pursuant to subsection (15). The local government shall transmit the adopted comprehensive
plan or adopted plan amendment to the state land planning agency as specified in the agency's
procedural rules within 10 working days after adoption. The local governing body shall also
transmit a copy of the adopted comprehensive plan or plan amendment to the regional planning
agency and to any other unit of local government or governmental agency in the state that has
filed a written request with the governing body for a copy of the plan or plan amendment.
CDDlDecember 6, 1999/11 :20 AM
DECEMBER 13, 1999
PUBLIC HEARING AGENDA ITEM G
Page 2
The provisions of 163.3184(15)(b) F.S. which state: AThe local governing body shall hold at
least one advertised public hearing on the proposed comprehensive plan or plan amendment as
follows:
1. The first public hearing shall be held at the transmittal stage pursuant to
subsection (3). It shall be held on a weekday at least 7 days after the day that the
advertisement is published.
2. The second public hearing shall be held at the adoption stage pursuant to
subsection (7). It shall be held on a weekday at least 5 days after the day that the
second advertisement is published.:
CONSIDERA nONS:
. The City staff applied to the Florida Communities Trust Preservation 2000 Program (P-
2000) in 1998 for grant monies to a acquire open space in the Town Center. The City did
not receive the funding due to scoring of responses in the application that did not meet
the threshold level of points.
· The staff would like to reapply in 2000 for these funds. To improve the chances that our
application will receive acceptance this time around, new policies are proposed that
address the P-2000 Program staff's concerns and suggestions.
· The Florida Department of community Affairs reviewed the large scale comprehensive
plan amendments LG-CP A-2-98, LG-CP A-3-98, and LG-CP A-4-98 and raised no
objection to the proposed amendment in their ORC Report issued April 30, 1999. DCA
recommended that the three policy statements can be strengthened by including in the
policy (in LG-CPA-3-98 and in LG-CPA-4-98), more direction for the language to be
written into the LDRs to ensure protection of significant cultural and archaeological sites
from development or redevelopment, and ensure resource protection within the Town
Center.
. Staff finds that the last sentence of the proposed policy in LG-CPA-3-98 does in fact have
language that indicates "the City shall develop more restrictive language in the land
development regulations ensuring the protection of historically significant cultural and
archaeological sites from development or redevelopment.
CDDlDecember 6, 1999/11 :20 AM
DECEMBER 13,1999
PUBLIC HEARING AGENDA ITEM G
Page 3
. Staff agrees with DCA concerning its desire on more direction for the language to be
written into the LDRs to coordinate with the resource protection efforts of SJR WMD for
Lake Jessup, and that the City shall involve itself in the process for development of the
SWIM Plan (or similar plan) and expend efforts to further purposes and management
practices of such a plan.
. Due to Joshi & Associates proposed expansion of the Town Center, these plan
amendments and others were put on hold.
. The City administration now desires to move forward and request adoption of the three
(3) plan amendments in anticipation of reapplying for the P-2000 Program grant monies
to be used toward acquisition of open space in the proposed Town Center.
FISCAL IMPACT:
None
FINDINGS:
The Florida Department of community Affairs (DCA) reviewed the large scale
comprehensive plan amendments LG-CPA-2-98, LG-CPA-3-98, and LG-CPA-4-98 and
raised no objection to the proposed amendment in their ORC Report issued
April 30, 1999.
DCA did recommend that the three (3) policy statements can be strengthened by
including in the policy (in LG-CPA-3-98) and in LG-CPA-4-98), more direction for the
language to be written into the LDRs to ensure protection of significant cultural and
archaeological sites from development or redevelopment, and ensure resource protection
within the Town Center.
Staff finds that the last sentence of the proposed policy in LG-CPA-3-98 does in fact have
language that indicates "the City shall develop more restrictive language in the land
development regulations ensuring the protection of historically significant cultural and
archaeological sites from development or redevelopment.
The staff would like reapply in 2000 again for these funds. To improve the chances that
our application will receive more points this time around, new policies are proposed that
address the P.2000 Program staffs concerns and suggestions.
CDD/December 6, 1999/11 :20 AM
DECEMBER 13,1999
PUBLIC HEARING AGENDA ITEM G
Page 4
STAFF RECOMMENDATION TO THE CITY COMMISSION:
Staff recommends that the City Commission adopt the three (3) large scale comprehensive plan
amendments: LG-CPA-2-98, LG-CPA-3-98, LG-CPA-4-98, with the following changes:
LG-CP A-2-98
Rep]ace the year" 1999" with "2000".
LG-CP A-3-98
Replace the year "1999: with "2000".
LG-CP A-4-98
[ "underlining" = the added language]
In 2000. the City shall develop language in the land development regulations
ensuring the development of the City's new Town Center shall be coordinated
with all resource protection plans of local, state and federal jurisdictions that
may exist. The City shall coordinate with the resource protection efforts of
SJRWMD for Lake Jessup and the City shall involve itself in the process for
development of the SWIM Plan or similar plan
JMPLEMENTATION SCHEDULE:
The City Commission would hold a second (adoption) public hearing on December 13, 1999.
The ordinance would take effect immediately upon adoption by the City Commission.
ATTACHMENTS:
A. City Commission Agenda Item C of November 9, 1999 meeting.
B. Staff Report to the Local Planning Agency on LG-CP A-2-98, LG-CP A-3-98,
LG-CP A-4-98
C. ORC Report from DCA dated April 30, 1999.
COMMISSION ACTION:
CDD!December 3, 1999/3:23 PM
"}
COMMISSION AGENDA
ITEM C
Consent
Informational
Public Hearing
Regular X
November 9> 1998
Meeting
~ d-----
Mgr. / Dept.
Authorization
REQUEST: The Community Development Department - Planning Division requests the
Commission hold a public hearing to transmit three (3) large scale (text)
amendments (LG-CPA-2-98, LG-CPA-3-98, LG-CPA-4-98) to the City's
Comprehensive Plan to the F]orida Department of Community Affairs for review.
) PURPOSE:
The purpose of this agenda item is to request the Commission hold a public hearing to transmit
three (3) large scale (text) amendments to the City's Comprehensive Plan to the F]orida
Department of Community Affairs for review. These three (3) text amendments address certain
elements in the Florida Communities Trust P-2000 App]ication that will increase the likelihood of
more points being awarded the next time the City applies for the grant in Spring, 1999.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of.163.3184(3)(a) F.S. which state: "Each local governing body shall transmit the
complete proposed comprehensive plan or phm amendment to the state land planning agency, the
appropriate regional planning council and water management district, the department, and the
Department of Transportation immediately following a public hearing pursuant to subsection (15)
as specified in the state land planning agency's procedural rules. ' The local governing body shall
also transmit a copy of the complete proposed comprehensive plan or plan amendment to any
other unit oflocal government or government agency in the state that has filed a written request
with the governing body for the plan or plan amendment."
)
NOVEMBER 9, ] 998
REGULAR AGENDA ITEM C
Page 2
)
The provisions of 163.3184(15)(b) F.S. which state: "The local governing body shall hold at least
one advertised public hearing on the proposed comprehensive plan or plan amendment as follows:
1. The first public hearing shall be held at the transmittal stage pursuant to subsection (3). It
shall be held on a weekday at least 7 days after the day that the advertisement is published.
2. The second public hearing shall be held at the adoption stage pursuant to subsection (7).
It shall be held on a weekday at least 5 days after the day that the second advertisement is
published."
)
The provisions of9J-l1.006(1) F.A.C. which state "Each proposed amendment including
applicable supporting documents which include data and analyses shall be submitted directly to
the Florida Department of Community Affairs, Division of Resource Planning and Management,
Plan Processing Team, the appropriate regional planning council, water management district(s),
Department of Transportation and Department of Environmental Protection. Proposed plan
amendments, except those discussed under the exemption provisions of Rule 9J-ll.006(1)(a)7.
F.A.C., shall be consolidated into a single submission for each of the two plan amendments
adoption times during the calendar year. The comprehensive plan submitted pursuant to Section
163.3167 F. S., shall be counted as one of the two plan' amendment adoption times during the
calendar year; however, only the submittal requirements of Rule 9J-l1.004 F.A.C. must be
followed. "
CONSIDERA TIONS:
· The City staff has outlined a number of parcels in the proposed Town Center for
acquisition as greenspace or trails to be held in public trust by the City or State.
· The City is eligible to receive up to five million dollars ($ 5,000,000) from the Florida
Communities Trust P-2000 Program for the purchase of greenspace and trails. Approval
is based on a points system and is very competitive statewide. The is a required local
match of25% of the grant funds awarded. Under this program, the city would retain
ownership of the land purchased.
· The City staffis proposing to reapply for grant funds under the P-2000 Program to be
applied to acquisition oflands for public greenspace and trails throughout the Town
Center.
)
NOVEMBER 9, ] 998
REGULAR AGENDA ITEM C
Page 3
)
Below are proposed changes to the City's Comprehensive Plan to address deficiencies in
the responses to the Application Section "Furtherance of Growth Management and
Comprehensive Plan Implementation" [Rule 9K-4.008(1)(a - b), F.A.c.]
The proposed plan amendments can be processed as the City's Fall Amendment Cycle
1998 by presenting them the Local Planning Agency for a public hearing in October and
later scheduling a public hearing in December by the City Commission to transmit the
,proposed amendments to the Department of Community Affairs.
· The City staff has conferred with Kieth McKarren, P-2000 Program staff member, who
suggested the language of the proposed policies below (bolded):
IN RESPONSE TO (l)(b)3. OF THE P-2000 APPLICATION:
New Policy below to be designated as Policy 3 under Objective C of the Conservation E]ement.
NOTE: Existing Policy 3 redesignated as 4) and succeeding policies re-designated 5), 6), 7) , 8).
New Policy 3)
)
There shaH be no destruction of vegetative communities, wildlife and wi]dlife habitat
of those species designated as endangered, threatened or of special concern. The
City itself shaH be subject to this same policy statement. There shaH be no
destruction of such communities and habitats on city owned property. Due to the
higher intensity of development envisioned for the new Town Center, the City shaH
create a Town Center Resources Protection District that will extend to aH areas of
the Town Center, In 1999, the City shaH develop specific land development
regulations that will ensure resource protection with the Town Center.
IN RESPONSE TO (1)(b)12. OF THE P-2000 APPLICATION:
New Policy below to be designated as Policy I under Objective C, Goal 1 of the Land Use
E]ement. NOTE: Existing Policy 1) re-designated as 2) and existing Policy 2) re-designated as 3)
New Policy 1)
HistoricaHy significant cultural and archaeological sites shaH be protected from
development or redevelopmcnt activities as dctailed in the City's Land Development
Regulations; By 1999, the City shall prepare and maintain an inventol)' of
historically significant sites within its corporate boundaries. The City shall assure
that there shall be no loss of historic resources on city-owned propel-ty. In 1999, the
City shall develop more restrictive language in the land development regulations
,NOVEMBER 9, ]998
REGULAR AGENDA ITEM C
Page 4
ensuring the protection of historically significant cultural and archaeological sites
from development or redevelopment.
IN RESPONSE TO (])(b)(l3. Of THE P-2000 APPLICATION:
New Policy below to be designated as Policy 4) under Objective C of the Intergovernmental
Coordination Element.
New Policy 4)
The development of the City's new Town Center shall b.e coordinated with all
resource protection plans of local, state and federal jurisdictions that may exist. The
City shall coordinate with the resource protection efforts of SJRWMD for Lake
Jessup and the City shall involve itself in the process for development of the SWIM
Plan and expend efforts to further purposes and management proactices of the
SWlM Plan.
FUNDING:
)
No funds required.
LOCAL PLANNING AGENCY RECOMMEND A TION:
At its November 4, 1998 meeting, the Local Planning Agency recommended the City Commission
transmit the proposed large scale amendments (LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98) to
the City's Comprehensive Plan to the F]orida Department of Community Affairs for review.
STAFF RECOMMENDATION:
Staff recommends the Commission approve the transmittal of the proposed large scale
amendments (LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98) to the City's Comprehensive Plan to
the Florida Department of Community Affairs for review.
ATTACHMENTS:
Loca] Planning Agency Agenda Item II. C. (reviewed at the LP A November 4, 1998 meeting)
) COMMISSION ACTION:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development
PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY
AGENDA ITEM
II. C.
PROPOSED LARGE SCALE COMPREHENSIVE PLAN
AMENDMENTS IN RESPONSE TO THE P-2000 APPLICATION
LG-CP A-2-98
LG-CP A-3-98
LG-CP A-4-98
)
Staff Report
The City staff applied to the Florida Communities Trust Preservation 2000 Program (P-2000) for
grant monies to acquire open space in the Town Center. The City did not receive the funding
due to scoring of responses in the application that did not meet the threshold level of points.
The staff would like to reapply in 1999 again for these funds. To improve the chances that our
application will receive more points this time around, new policies are proposed below that
address the P-2000 Program staff's concerns and suggestions.
Below is the original responses to the application concerning growth management and the City's
comprehensive plan and the proposed new policies (LG-CP A-2-98, LG-CP A-3-98,
LG-CP A-4-98)
P-2000 GRANT APPLICATION QUESTION/STATEMENT:
(1) Furtherance of Growth Management and Comprehensive Plan Implementation [Rule 9K-
4.008(1)(a-b), F.A.C.]
(b)
Local Comprehensive Plan Provisions for Conservation, Coastal Management,
and Outdoor Recreation and Open Space. Acquisition of the project site will
assist the local government in furthering the local comprehensive plan directives
)
)
RESPONSE:
)
)
set forth in the objectives and policy statements contained in the plan elements
that provide for conservation, coastal management, and outdoor recreation and
open space. When used in this part, the term "furthered" means that proposed
projects will assist the local government in realizing goals, objectives, or policy
directives of the comprehensive plan. For each criterion that is furthered by an
objective or policy of the local comprehensive plan, the objective or policy
number is to be cited in the response to the criterion and a copy of the objective or
policy, and any associated exhibits or documents, shall be included as an exhibit
as described in
9K-4.004(4)(b)4., F.A.C. Ifa copy of the entire objective or policy that is cited in
, response to a criterion is no included in the exhibit, that objective or policy will
not be evaluated as to whether it is furthered by that criterion.
(3) Does the proposed project further comprehensive plan directives that
ensure the protection oflisted anima] species or habitats oflisted species?
If so, summarize the relevant objectives or policies that are furthered.
Provide the numeric citation of the relevant objectives or policies. Discuss
how the project site would assist in furthering the cited objectives or
policies. (5 points)
The Town Center project includes artesian springs and wetlands related to
Howell Creek which empties into Lake Jesup. This area has never been
built upon or disturbed. It contains native plants and animals indigenous
to the area. The City's adopted Comprehensive Plan contains objectives
and policies that encourage preservation of native vegetative communities.
Objective C of the Conservation Element of the Comprehensive Plan
states:
Protect, conserve and appropriately use the remaining native
vegetative communities, wildlife and wildlife habitat, particularly
species designated as endangered, threatened or of special concern,
and habitat utilized by those species, from destructive practices,
through site plan review criteria requiring the species and habitat
be identified, requirements that protection of remaining habitat be
enforced through development orders, and providing incentives for
such protection.
Policy 3 under Objective C of the Conservation Element states:
Ensure wildlife habitats known to be inhabited by species
designated as endangered, threatened or species of special concern
is undisturbed by constnlction . . . ."
The proposal is to remove the area around the artesian springs and
wetlands related to Howell Creek from potential development and
preserve these areas in their natural state. The area encompassing the
'~
springs would be designated conservation. The property owner has
expressed and interest in developing the area for retail commercial
purposes. The City desires to find some way to purchase these lands to
hold in public trust.
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LG-CPA-2-98) IN
RESPONSE TO (1)(b)3. OF THE P-2000 APPLICATION:
New Policy below to be designated as Policy 3 under Objective C of the Conservation Element.
NOTE: Existing Policy 3 redesignated as 4) and succeeding policies re-designated 5), 6), 7) , 8).
New Policy 3)
There shall be no destruction of vegetative communities, wildlife and wildlife habitat
of those species designated as endangered, threatened or of special concern. The
City itself shall be subject to this same policy statement. There shall be no
destruction of such communities and habitats on city owned property. Due to the
higher intensity of development envisioned for the new Town Center, the City shall
create a Town Center Resources Protection District that will extend to all areas of
the Town Center, In 1999, the City shall develop specific land development
regulations that will ensure resource protection with the Town Center,
)
P-2000 GRANT APPLICATION QUESTION/STATEMENT:
(1) Furtherance of Growth Management and Comprehensive Plan Imp]ementation [Rule 9K-
4.008(1)(a-b), F.A.C.]
(b) Loca] Comprehensive Plan Provisions for Conservation, Coastal Management,
and Outdoor Recreation and Open Space. Acquisition of the project site will
assist the local government in furthering the local comprehensive plan directives
set forth in the objectives and policy statements contained in the plan elements
that provide for conservation, coastal management, and outdoor recreation and
open space. When used in this part, the term "furthered" means that proposed
projects will assist the local government in realizing goals, objectives, or policy
directives of the comprehensive plan. For each criterion that is furthered by an
objective or policy of the local comprehensive plan, the objective or policy
number is to be cited in the response to the criterion and a copy of the objective or
policy, and any associated exhibits or documents, shall be included as an exhibit
as described in 9K-4.004(4)(b)4., F.A.C. Ifa copy of the entire objective or
policy that is cited in response to a criterion is no included in the exhibit, that
objective or policy will not be evaluated as to whether it is furthered by that
criterion.
)
)
(12) Does the proposed project further comprehensive plan directives that
ensure the preservation of historical sites? If so, summarize the relevant
objectives or policies that are furthered. Provide the numeric citation of
the relevant objectives or policies. Discuss how the project site would
assist in furthering, the cited objectives or policies. (5 points)
RESPONSE:
The Town Center project includes a proposal to preserve the area
surrounding the springs in a natural state. The springs, located on the east
side of Tuscawilla Road and north of State Road 434 are the bases from
whence the City derives it nam~. The City seeks to preserve this rare
natural resource in its natural state for the appreciation and understanding
by the public.
The City has in its Comprehensive Plan a policy relating to ensuring the
preservation of historical sites, that will be furthered by the proposed
Town Center project. Policy 2 under Objective C of the Land Use
Element states:
The City shall coordinate with Seminole county, the State
Department of Florida, and other interested parties in establishing
and maintaining an inventory of historically significant resources
in the City.
) LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LG-CP A-3-98) IN
RESPONSE TO (1)(b)12. OF THE P-2000 APPLICATION:
New Policy below to be designated as Policy 1 under Objective C, Goal 1 of the Land Use
Element. NOTE: Existing Policy 1) re-designated as 2) and existing Policy 2) re-designated as
3)
New Policy 1)
Historically significant cultural and archaeological sites shall be protected from
development or redevelopment activities as detailed in the City's Land Development
Regulations; By 1999, the City shall prepare and maintain an inventory of
historically significant sites within its corporate boundaries. The City shall assure
that there shall be no loss of historic resources on city-owned property. In 1999, the
City shall develop more restrictive language in the land development regulations
ensuring the protection of historically significant cultural and archaeological sites
from developmerit or redevelopment.
)
)
P-2000 GRANT APPLICATION QUESTION/STATEMENT:
(1) Furtherance of Growth Management and Comprehensive Plan Implementation [Rule 9K-
4.008(1)(a-b), F.A.c.]
(b) Local Comprehensive Plan Provisions for Conservation, Coastal Management,
and Outdoor Recreation and Open Space. Acquisition of the project site will
assist the local government in furthering the ]ocal comprehensive plan directives
set forth in the objectives and policy statements contained in the plan elements
that provide for conservation, coastal management, and outdoor recreation and
open space. When used in this part, the term "furthered" means that proposed
projects will assist the local government in realizing goals, objectives, or policy
directives of the comprehensive plan. For each criterion that is furthered by an
objective or policy of the local comprehensive plan, the objective or policy
number is to be cited in the response to the criterion and a copy of the objective or
policy, and any associated exhibits or documents, shall be included as an exhibit
as described in 9K-4.004(4)(b)4., F.A.C. Ifa copy of the entire objective or
policy that is cited in response to a criterion is no included in the exhibit, that
objective or policy will not be evaluated as to whether it is furthered by that
criterion.
)
(13) How does the proposed project further comprehensive plan directives that
provide for coordination with existing resource protection plans such as,
aquatic preserve management plans, SWIM plans, habitat conservation
plans, manatee protection plans, and estuarine sanctuary p]ans? If so,
summarize the relevant objectives or policies that are furthered. Provide
the numeric citation of the relevant objectives or policies. Discuss how
the project site would assist in furthering the cited objectives or policies.
(5 points)
RESPONSE:
The Town Center project includes a proposal to coordinate with the
SWIM program for Lake Jesup under the direction of the F]orida
Department of Environment a] Protection and the St. Johns River Water
Management District. The City is willing to sign an agreement
guaranteeing coordination and adoption of measures required by the DEP
and St. Johns Water Management District to ensure the objectives of the
SWIM Program and future preservation of Lake Jessup. Special
arrangements will be made for an areawide stormwater retention facility
that will prevent pollutants from entering Lake Jesup. Some of the land
proposed to be acquired by the City will be used for creation of this
areawide stormwater retention facility. It is the intention of the City that
the Town Center Project will meet a higher standard of pollution control
due to the efforts of the SWIM program to clean Lake Jesup of pollution.
)
)
The City has in its Comprehensive Plan policies relating to ensuring the
preservation and improvement of the Lake Jesup ecosystem, that will be
furthered by the proposed Town Center project. They are:
Policy 3g under Objective A of the Land Use Element that states:
Deve]opments adjacent to Lake Jesup shall not be permitted to
include light industrial, industrial, or commercial land uses. In
addition to these restrictions, the following provisions to protect
the natura] functions of the lake shall be established:
1. An upland buffer zone, to be a minimum width offifty (50)
feet, shall be provided between any development activity
and the lake;
11. All development along the lake shall be required to meet a
more restrictive impervious surface ration standard. All
development along the lake shall provide a minimum of
forty (40%) percent pervious surface.
111. No direct discharge of stormwater into the lake shall be
permitted, in accordance with criteria established by the
SJRWMD.
)
Policy 3a under Objective A of the Land Use E]ement which states:
Require projects to cluster development away from wetland areas
of the site and maintain upland buffers adjacent to wetlands. The
minimum vegetative buffer requirement shall be twenty-five (25)
feet upland from the wetland area. A larger buffer shall be
required on a site-by-site basis when required to protect the
resource.
Policy 3c under Objective A of the Land Use E]ement which states:
)
Environmentally sensitive areas shall be covered by an
environmental easement which restricts uses to passive
recreational activities. The environmental easement may
be dedicated by plat or by a separate instrument approved
by the City.
Policy 3d under Objective A of the Land Use Element which states
in part:
Require vegetative buffers around all lakes in order to
protect water quality of these water bodies. The minimum
upland lake buffer shall be fifty (50) feet. . . .
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LG-CP A-4-98) IN
RESPONSE TO (1)(b)13. OF THE P-2000 APPLICATION:
New Policy below to be designated as Policy 4) under Objective C of the
Intergovernmental Coordination Element.
New Policy 4)
)
The development of the City's new Town Center shall be coordinated with all
resource protection plans of local, state and federal jurisdictions that may
exist. The City shall coordinate with the resource protection efforts of
SJRWMD for Lake Jessup and the City shall involve itself in the process for
development of the SWIM Plan and expend efforts to further purposes and
management proactices of the SWIM Plan. '
RECOMMENDATION:
Staff recommends the Loca] Planning Agency recommend to the City Commission
approval of the proposed large scale comprehensive plan amendments LG-CPA-2-98,
LG-CPA-3-98, LG-CPA-4-98 (three proposed policies) and transmittal to the Florida
Department of Community Affairs for review.
)
STATE OF flORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
JEB BUSH
Governor
STEVEN M. SEIBERT
S~c'elary
April 30, 1999
The Honorable Paul P. Partyka, Mayor
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
Dear Mayor Partyka:
The Department has completed its review of the proposed Comprehensive Plan Amend-
ment for the City of Winter Springs (DCA No. 99-1), which was received on February, 19, 1999.
Copies of the proposed amendment have been distributed to appropriate state, regional and local
agencies for their review.
The Department has reviewed the proposed amendment for consistency with Rule
9J-S, F]orida Administrative Code (F.A.C.), Chapter 163, Part II, Florida Statutes (F.S.),
and the adopted City of Winter Springs Comprehensive Plan. The Department raises no
objection to the proposed amendment, and this letter serves as the Department's Objections,
Recommendations and Comments Report.
However, while the Department has no objections to the addition of the three new
policies, it offers the following comments:
FUTURE LAND USE ELEMENT:
LG-CPA-3-98: In part, the proposed policy states that more restrictive language for
protection will be written into the City's LDRs.
Comment: The policy can be strengthened by including in the policy, more direction
for the language to be written into the LDRs that will ensure protection of significant
cultural and archaeological sites from development or redevelopment.
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781
Internel address: http://www.slate.fl.us/comaifl
FlORIOA KEYS
Area of Critical Slale Concern field OHice
2796 O..er\eas Highway, Suite 112
Md,.thon, Florida 33050-2227
CRIE''; S\'o A..\\P
AreJ of Critinl SUle Concem fi,l:~ OffJ:e
205 Easl fl"uin Slrf"t1. Suit.!' lC4
e~now. Florid", Be;r,..46.1 1
The Honorable Paul P. Partyka
April 30, 1999
Page Two
CONSERVATION ELEMENT:
LG-CP A-2-98: In part, the proposed policy states that the City will include in its LDRs
statements to ensure resource protection within the Town Center.
Comment: The policy can be strengthened by including more direction for the LDRs
that will serve to ensure resource protection within the Town Center.
This letter and the enclosed external agency comments are being issued pursuant to Rule
9J-l1.01O, F.A.C. Upon receipt of this letter, the City of Winter Springs has 60 days in which to
adopt, adopt with changes, or determine that the City will not adopt the proposed amendment.
The process for adoption of local comprehensive plan amendments is outlined in Section
163.3184, F.S., and Rule 9J-11.011, F.A.C.
Within ten working days of the date of adoption, the City of Winter Springs must submit
the following to the Department:
Three copies of the adopted comprehensive plan amendment;
A copy of the adoption ordinance;
A listing of additional changes not previously reviewed;
A listing of findings by the local governing body, if any, which were not included in the
ordinance; and
A statement indicating the relationship of the additional changes to the Department's
Objections, Recommendations and Comments Report.
The above amendment and documentation are required for the Department to conduct a
compliance review, make a compliance determination and issue the appropriate notice of intent.
In order to expedite the regional planning council's review of the amendment, and
pursuant to Rule 9J-l1.011(5), F.A.C., please provide a copy of the adopted amendment directly
to the Executive Director of the East Central Florida Regional Planning Council.
The Honorable Paul P. Partyka
April 30, 1999
Page Three
As a reminder, the Department wants to bring to your attention the need to incorporate
siting criteria for public schools into the City's comprehensive plan by October l, 1999. The
1998 Florida Legislature revised Section 163.3 I 77(6)(a), F.S., to strengthen the coordination of
land use planning with planning for public schools. The law states that the future land use element
must clearly identify the land use categories in which public schools are an allowable use and
include sufficient land proximate to residential development to meet the projected needs for
schools. The future land use element also is to include criteria which encourages the location of
schools proximate to urban residential areas and collocation of schools with public facilities, such
as parks, lioraries, and community centers, to the extent possible. The Legislature directed that
failure by a local government to meet the requirements will result in the prohibition of the local
government's ability to amend its plan with the exception of amendments related to developments
of regional impact.
The public schoo] siting requirements need to be addressed in consultation with your
school board. While you work on the siting policies we encourage you to take the opportunity to
fulfill another need - the adoption of principles and guidelines to coordinate the comprehensive
plan with the plans of schoo] boards and other units of local government. Under Section
163.3177(h)1 and 2, F.S., that is to be accomplished by the end ofl999.
If your comprehensive plan does not now meet these requirements we recommend that
you work quickly to propose appropriate amendments. Please note that plan amendments to
incorporate school siting criteria are exempt from the limitation on the frequency of plan
amendments contained in Section 163.3187, F.S. If you believe that your plan already meets the
requirements, the Department would be happy to verify that status. In any case, we are available
to assist on this important issue.
Please contact Jeff Griswold, Planner IV, at (850) 487-4545, if you need additional
assistance.
Sincef ly, /'.
//
/ ~
J mes D. Stansbury
Community Program Administrator
JDS/jg
cc: Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator
Ms. Sandra Glenn, Executive Director, East Central Florida RPC
REGIONAL
PLANNING
COUNCil
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Ens! Central Florida
ChaIrman
lorry Wholey
Clerk of Courts
Osceola County
'MEM'ORANDUM
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DATE: Monday, March 15, 1999
Vice Chairman
Evelyn Smith
Mayor
City of Eustis
TO:
D. Ray Eubanks, FDCA, Planning Manager
James Stansbury, FDCA, Community Program Administrator
FROM:
Jenifer Domerchie
Planner
Secretary-
Treasurer
Carole Barlce
Governor's
Appointee
Seminole'County
SUBJECT: Comprehensive Plan Amendmentj1),)
LOCAL GOVERNMENT: Winter Sprin~
DCA AMENDMENT #: 99-1
Serving
Breuard, Lake,
Orange, Osceola,
Seminole and
Valusia
counties.
Council staff have completed a technical review of the above referenced
comprehensive plan amendment. The review was conducted in accordance with
the of provisions the East Central Florida Regional Planning Council's current
contract with the Florida Department of Community Affairs for Plan and Plan
Amendment Reviews.
Executive
Director
Sandra S. Glenn
We have not identified any significant and adverse effects on regional resources
or facilities, nor have any extrajurisdictional impacts been identified that would
adversely effect the ability of neighboring jurisdictions to implement their
comprehensive plans.
Growing Sma/1er
Through Regional
Planning.
The East Central Florida Regional Planning Council is available to assist in the
resolution of any issues that should arise in the course of your review. If you
should have any questions, please contact' me at SunCom 334-1075 x334. Thank
you.
1011
Wymore Rood
Suite 105
Winter Pork. Florida
32789-1797
c:
Local Government Contact: Mr. Thomas Grimms, AICP
File
Phone
407.623.1075
Fox 407.623.10811
Suncom 3311,1075
Suncom Fax
3311.10811
Emoil: ecfrpc,org
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5151 Adanson Street
Orlando, Florida 32804
Telephone: (407) 623-1085
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Florida Department of Transportation
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THO~tA$ F. BARRY, JR.
SECRETARY
JEB BUSH
GOVERNOR
April 6, 1999
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Mr. D, Ray Eubanks, Planning Manager
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
SUBJECT:
LOCAL GOVERNMENT:
DCA AMENDMENT NO:
Proposed Comprehensive Plan Amendments
City of Winter Springs
99-1
Dear Mr. Eubanks:
As requested in Mr. Quinn's memo recieved on February 26, 1999, the Florida Department of
Transportation has no ObjectionslRecommendations and/or Comments, concerning the Winter
Springs Comprehensive Plan Amendment 99-1.
Thank you for the opportunity to review this material. If you have and questions, or need further
information, please contact me at (407) 623-1085, extension 126.
Sincerely,
~~
Systems Planning Supervisor
copy to:
Thomas Grimms, Winter Springs Planning Dept.
Bob :Romig, FDOT Policy Planning
a:wtrspcp.cov
www.dot.state.fl.us
o RECYCLED PAPER
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Department of
Environmental Protection
Jeb Bush
Governor
David B. Srruhs
Secretary
April 20, 1999
Mr. Ray Eubanks
Plan Review and Process Team
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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PLA.N r:lk'ESSi~(G ,E~__
RE: City of Winter Springs, 99-1
Dear Mr. Eubanks:
The Office ofIntergovernmental Programs has reviewed the proposed amendment
under the procedures of Chapter 163, F]orida Statutes, and Chapters 9J-5 and 9J-ll,
Florida Administrative Code. We have no comments at this time.
Thank you for the opportunity to comment on this proposal. If I may be of
further assistance, please call me at (850) 488-3704.
Sincerely,
Y1~~
Marlane Castellanos
Office ofIntergovemmental Programs
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"Procea, Conserve ond Manage Florida's Environment and Natural Resources"
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Mr. Ray Eubanks
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee) Florida 32399-2100
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Re: Historic Preservation Review of the City of Winter Springs (99-1) Comprehensive Plan
Amendment Request
Dear Mr. Eubanks:
According to this agency's responsibilities under sections 163.3177 and 163.3 178, Florida
Statutes, and Chapter 9J-5, Florida Administrative Code, we have reviewed the above document
to decide if data regarding historic resources have been given sufficient consideration in the
request to amend the Winter Springs Comprehensive Plan.
We have reviewed the three proposed text amendments to the Conservation, Land Use, and
Intergovernmental E]ements of the Winter Springs Comprehensive Plan to consider the potential
effects of these actions on historic resources. 'While the text amendments for the Conservation
E]ement and the Intergovernmental Elements should have no adverse effect on historic resources,
the Land Use amendment addressing the protection of historical resources should have a positive
effect. The tex1 indicates that the city will prepare and maintain an inventory of significant
historic sites. Does that mean that the city will conduct cultural resource assessment surveys to
identify and evalua~e these resources? Furthermore, how will the city ensure the protection of
these sites [rom development or redevelopment?
We continue to recommend that the city sponsor a systematic archaeological and an architectural
and historical. survey to determine if any significant historic resources may be present. If
significant resources are identified, they need to be preserved and protected by the city. This can
be accomplished by means of the adoption of a local historic preservation ordinance.
RA. Gray Building · 500 South Bronough Streel · Tallahassee, Florida 32399-0250 · hitp:/ /www.flheritage.com
o Director's Office 0 Archaeological Research o---Historic Preservation 0 Historical Musewns
(850J.;83-1480 ' FAX: 488-3355 (850) 487-2299 . FAX: 414-2207 (SSO)487-2333 . FAX: 922-0495 (850) 48S-148-t . FAX: 921.2.503
o Historic Pensacola Preservation Board 0 Palm &ach Regional Office 0 SI. Augustine Regional Office 0 Tampa Rl'gional Office
(850) 595-5985 . FAX: 5%.5989 (561) 279-1475 . FAX: 279.J.l76 (904) 825-5J45 . FAX: e2S-SO+l (813) 272-3&4.3 ' FAX, 272.2}.;:j
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Mr. Eubanks
March 4, 1999
Page 2
In sum, it is our opinion that the amended comprehensive plan meets (although known and_
potential historic resources need to be carefully considered in the planning ph'ases of proposed
land use changes) the state of Florida's requirements as promulgated in sections 163.3177 and
, 163.3178, F.S., and Chapter 9J-5, F.A.C., regarding the identification of known historical
resources within their specified area of jurisdiction, and for the establishment of policies, goals
and objectives for addressing known and potentially significant historical resources in Winter
Springs. _
If you have any questions regarding our comments, please feel free to contact Susan M. Harp or
Laura Karrunerer of the Division's Compliance Review staff at (850) 487-2333.
Sincerely,
c/tluv-. a. iJul'L'H~
George W. Percy, Director
Division of Historical Resources
Ef~rvf
~WATER
~MAN, AGEMENT
DISTRICT
Honry Doan, E xocutivo Diroctor
John A. V/ohlo, Assistant E)(ocv1ivo OiroC1or
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POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429
TELEPHONE 9()4.329-4500 1.800.451.7106 SUNCOM 904-860-4500
TOO 904.329.4450 TOO SUNCOM 860-4450
FAX (Exccl11ive) 329.4125 (Legal) 329.4485 (Permilling) 329.4315 (AdminlslralionIFinance) 329.4508
SERVICE CENTERS
m5 Baymeadows Way PERMITTING:
Suit. 102 :lO5 Eas. Orivo
Jacksonville, Florida 32255 MelbOurne, FlOf'ida 32~
904'7J0-6270 407.98-1-4940
1.800-852.1563 1-800-29!>-3264
TOO 90<-448.7900 TOO 407.722-5368
618 E. Sovlll S~o.l
Orlando. Florida 32001
<107.897-4300
1.8n.220.1658
TOO 407-097.5960
OPERATIONS:
2133 N_ Wcl:ham Road
Melbourne. Flodda 3.29JS--Sl09
<107-752.3100
TOO 407-752.3102
April 12, 1999
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D. Ray Eubanks, Planning Manager
Plan Review and Processing Team
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: City of Winter Springs
DCA No. 99-1
Dear Mr. Eubanks:
SJRWMD planning staff has reviewed the amendments adding new policies to the Future Land
Us ~ Element (FLUE), Conservation Element, and Intergovernmental Coordination Element of
the City's Comprehensive Plan. The intent of the added policies to the FLUE and Conservation
Element is to strengthened policy language related to natural, cultural, and archaeological
resources in support of a request to acquire Florida Communities Trust funding for purchase of
lands associated with the Town Center area. The new policy to be added to the
Intergovernmental Coordination E]ement stresses the intent of the City to coordinate
development of the Town Center area with the plans of other governmental agencies including
the ongoing Lake Jesup restoration project.
SJRWMD planning staff has no water resource-related concerns with these amendments, but
recommends that the policy addition to the Intergovernmental Coordination remove the reference
the Surface Water Improvement and Management (SWIM) program. The Lake Jesup
Restoration And Management Project was initiated by the Lake Jesup Act of 1994 and is not a
SWIM water body. However, the SJRWMD is undertaking this project in a manner similar to
the approach taken with the four SJRWMD SWIM water bodies. The City of Winter Springs has
participated in the Lake Jesup project as a member of the Friends of Lake Jesup. Recommended
language for the last sentence of this policy is: "The City shall coordinate with the resource
protection efforts of the SJRWMD for Lake Jesup and the City shall be involved in the
development and implementation of the Lake Jesup Restoration and Basin Management Plan."
The City is encouraged to continue to seek funding for the acquisition of the natural resource-
related lands associated with the Town Center Area. The City is also encouraged to coordinate
its efforts with the SJRWMD as this area is shown as potential acquiSition on the SJRWMD
Five-Year Land Acquisition Plan map. The contact at SJRWMD for land acquisition is Ray
Bunton a~ (904)329-4335.
Dan Roach, CHAIRUAN
FERNANOINA BEACH
William M. Segal
UAITlAHD
Kathy Chinoy. VICE CNAIRUAN '
PONTE VEORA
James T. Swann. TREASURER
COCOA
Otis Mason, SEC",lARY
ST, AUGUST",
Griffin A. Groene
VERO 8EACH
James H. Williams
OCAlA
Patricia T. Harden
5ANFORD
Reid H~shes
DAYTONA HACH
Also, the City's d1ta and analysis refers to implementation of an "areawide stormwater retention
faci]ity" as part of the Town Center Area project to prevent pollutants from entering Lake Jesup.
The City muY want to investigate applying for stormwater cost~share funding that maybe
available for FY 1999-2000 as it has in the past for other projects. Further, the City may want to
coordinate this proposal with the Lake Jesup Restoration and Management Project. The contact
at SJRWMD for the Lake Jesup project is Regina Lovings (904)329-4819.
We look forward to continuing to working with the City concerning its future planning efforts. If
you have any questions or need additional information, please call Nancy Christman,
Intergovernmental Coordinator at the Orlando Service Center, at 407-897-4346/Suncom 342-
4346 or John Thomson, Senior Planner at the Orlando Service Center, at 407-893-3126/Suncom
342-3126.
Sincerely,
1Y)~~~
Margaret Spontak, Director
Office of Policy and Planning
xc:
Jeff Griswold, DCA (By FAX)
Nancy Christman, SJRWMD
Ray Bunton, SJRVvMD
Marlane Castellanos, DEP
Thomas Grimms, Winter Springs
Regina Lovings, SJRWMD
Sandra Glenn, ECFRPC
2