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HomeMy WebLinkAbout2008 07 14 Informational 101 Status Report On EAR and Compliance with Statutory MandatesCOMMISSION AGENDA ITEM 101 July 14, 2008 Regular Meeting Consent Informational X Public Hearing Regular Mgr. / ept. Authorization REQUEST: The Community Development Department, Planning Division wishes to provide the City Commission with a Status Report on the Evaluation and Appraisal Report (EAR) and with the City's Compliance with other Statutory Mandates. PURPOSE: The Planning Division wishes to provide the City Commission with a Status Report on the Evaluation and Appraisal Report (EAR) and with the City's Compliance with other Statutory Mandates. CONSIDERATIONS: The recent 2008 Department of Community Affairs (DCA) Legislative Update included a presentation by Charles Gauthier, Director of the Division of Community Planning, Florida Department of Community Affairs on the Status of Comprehensive Plan Amendments and Statutory Planning Responsibilities. We are pleased to report that Winter Springs is one of the few local governments to be found in Compliance as highlighted below. / 10-Year Water Supply Work Plan Winter Springs transmitted its Potable Water Supply Sub-Element including the 10-Year Water Supply Work Plan to the DCA on April 25, 2007. Subsequently, the City received the DCA's Objections, Recommendations and Comments (ORC) Report on July 2, 2008, which included NO OBJECTIONS. The Plan was then Adopted by the City Commission on July 23, 2007, satisfying the statutory deadline of August 7, 2007. / Winter Springs is one of only sixteen (16 local governments who have had their 10-Year Water Supply Work Plan to be found "In Compliance" with the statutory requirements Additionally, the DCA has posted and recommended the City's 10-Year Water Supply Work Plan and transmittal as a Prototype for other communities to follow July 14, 2008 INFORMATIONAL AGENDA ITEM 101 Page 2 of 4 10-Year Water Supply Work Plans 400 300 200 100 0 T ®Number of Water Supply Plans Due ^Number of Water Supply Plans Submitted ^ In Compliance Not in Compliance / Public Education (Schools) Facilities Element Winter Springs transmitted its Public Education (Schools) Facilities Element to the DCA on September 13, 2007. Subsequently, the City received the DCA's Objections, Recommendations and Comments (ORC) Report on November 19, 2007. It included only minor objections. The largest obstacle was that the DCA ORC Report on the Inter-Local Agreement transmitted by Seminole County, would not occur until late December, which meant that all of the local governments within Seminole County would not be able to Adopt their Public Education (Schools) Facilities Element prior to the deadline of January 1, 2008. As a result of the ORC Report on the Inter-Local Agreement, the Agreement also had to be Amended by every local government within Seminole County. Despite these obstacles, the Element and Amended Inter-Local Agreement was Adopted at the earliest possible date (January 14, 2008), just a few days past the statutory mandated deadline. / Winter Springs is one of only forty-one 41 local governments who have had their Public Education (Schools) Facilities Element to be found "In Compliance" with the statutory requirements. 2 July 14, 2008 INFORMATIONAL AGENDA ITEM 101 Page 3 of 4 Public Education Facilities Elements 400 300 200 100 0 Number of PEFE's Due ^ N umber of PEFE's Submitted ^ In Compliance Not in Con~hliar~ce / Timely Adoption of the Evaluation and Appraisal Report (EAR) Winter Springs submitted its Adopted EAR to the DCA on April 17, 2008, well in advance of the statutory deadline of May 1, 2008. Subsequently, the City received notice from the DCA on June 23, 2008, that the DCA has determined the EAR to be Sufficient pursuant to Section 163.3191(2). The DCA also commended the City's efforts in preparation of the EAR and indicated support for many of the recommendations made in the EAR. / Winter Springs is once again in compliance with the statutory re uirements, having secured timely adoption of our EAR EAR-Based Comprehensive Plan Amendments The City now begins the preparation of the EAR-Based Comprehensive Plan Amendments. The statutory deadline for this Adoption of the EAR-Based Comprehensive Plan Amendments is 18 months after the determination of Sufficiency for the EAR or no later than December 14, 2009. Capital Improvement Element Update The Capital Improvement Element is required to be updated and submitted to the DCA by December 1, 2008 with supporting data and analysis on the status of each Level of Service as defined and mandated by the Comprehensive Plan. Additionally, it is required to include a financially feasible Five-Year Capital Improvements Schedule with the first three years with secured funded. Staff is currently working on the Capital Improvement Element Update. 3 July 14, 2008 INFORMATIONAL AGENDA ITEM 101 Page 4 of 4 New Legislation New legislation passed by the 2008 legislature and recently signed by Governor Crist requires each local government to add Goals. Objectives and Policies to their Comprehensive Plan requiring the reduction of Energy Consumption and the lowering of Carbon emissions. Further discussion will be included on this in our upcoming LEED workshop scheduled for July 21, 2008. Penalties by the DCA for those Local Governments not in Compliance Sanctions are imposed by the DCA upon those local governments that do not comply with the statutory deadlines. These sanctions include prohibiting the local government from Transmitting and Adopting any Comprehensive Plan Amendments, until the local government is found in compliance. Local Governments Prohibited from. Comprehensive Plan .~-mendments ^ Failure to Adopt Public Education Facilities Element ® Failure to Comply with School Siting Requirements ^ Failure to Adopt 2nd EA R ^ 2nd EAR Found Insufficient ^ Failure io Adopt 2nd EAR-based Amendments ^ Failure to Adopt 1st EAR-based _. Artuendmenis ~ __ __. . COMMISSION ACTION: 4