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HomeMy WebLinkAbout2000 10 25 Letters Regarding Weaver Minter Plan Amendments,~~ CITY OF OVIEDO FLORIDA ,, ~. '`-i ,„'~~~ 400 ALEXANDRIA BOULEVARD • OVIEDO, FLORIDA 32765 • (407) 977-6000 V. EUGENE WILLIFORD, III CITY MANAGER October 25, 2000 Ms. Rosanne Karr, Chairperson City of Winter Springs Local Planning Agency 1126 East State Road 434 Winter Springs, FL 32708 Re: Minter Large Scale Comprehensive Plan Amendment by the City of Winter Springs Comprehensive Plan Amendment LS-CPA-3-00 Dear Ms. Karr: "The purpose of this letter is to formally object to the large scale comprehensive plan amendment of the subject property by the City of Winter Springs. The subject property is located within the Oviedo-Seminole County Joint Planning Area boundary as provided in the City of Oviedo/Seminole Joint Planning Interlocal Agreement (JPA) adopted by the City of Oviedo City Council on September 20, 1999 and the Seminole County Board of County Commissioners on September 28, 1999. The proposed comprehensive plan amendment is in conflict with the Joint Planning Interlocal Agreement for the following reasons: 1) It is the intent of the JPA to protect the rural character of areas designated Rural on Seminole County's Comprehensive Plan. The subject property is located within the adopted Rural Area Boundary (Black Hammock Area) and designated Rural-3 on Seminole County's Comprehensive Plan future land use map. 2) According to the F,quivalcncy Chart provided in Exhibit "B" of the JPA, the subject property must be designated either Low Density Residential-Transitional or Rural within the City of Oviedo. 3) The proposed comprehensive plan amendment is inconsistent with the JPA's planning objectives to protect the integrity of and discourage urban sprawl into the rural area of the County known as the "Black Hammock". Rule 9J-5, Florida Administrative Codc, urban sprawl as "urban development or uses which are located in a predominantly rural areas, or rural areas interspersed with generally low-intensity or low-density urban uses, and which arc characterized by one or more of the following conditions: (a) "I'he premature or poorly Ms. Karr, Local Planning Agency Chairperson City of Winter Springs October 25, 2000 Page 2 planned conversion of rural land to other uses; (b) The creation of areas of urban development or uses which are not functionally related to land uses which predominate the adjacent area; or (c) The creation of areas of urban development or uses which fail to maximize the use of existing public facilities or the use of areas within which public services are currently provided. Urban sprawl is typically manifested in one or more of the following land use patterns: Leapfrog or scattered development; ribbon or strip commercial or other development; or large expanses of predominantly low-intensity, low-density, or single-use development." The subject property is not only located in a predominantly rural area but is located in Seminole County's adopted Rural Area. The proposed Comprehensive Plan Amendment is inconsistent with the City of Winter Springs Comprehensive Plan Future Land Use Goal 3, Objective A which discourages the proliferation of urban sprawl. Changing the land use designation from Rural to Low Density Residential future land use of the subject property equates to the creation of an area of urban development or uses which are not functionally related to land uses which predominate the adjacent area. The surrounding area is predominately rural agricultural and large lot residential uses. The proposed future land use designation will cause leap frog, large expanses of predominately low density development on the subject property. Thus, we believe that the proposed comprehensive plan amendment request meets the definition of urban sprawl provided in Rule 9-J5, Florida Administrative Code. Therefore, City of Oviedo requests that the City of Winter Springs Local Planning Agency recommend denial of the subject large scale comprehensive plan amendment. If you have any questions, please contact Mr. Bryan J. Cobb, Director of Planning and Coning at (407) 977-6039. Sincerely, THE CITY OF OVIIJDO V. Iugcne Williford, III City Manager cc: Flonorablc Mayor and City Council Mr. Ronald Mclemore, City Manager, City of Winter Springs Mr. J. Kevin Grace, County Manager, Seminole County Ms. Frances Chandler, Deputy County Manager, Seminole County Mr. "Pony Matthews, Principal Planner, Seminole Cowlty Bryan J. Cobb, Director of Planning and Coning, City of Oviedo PLANNING AND DEVELOPMENT DEPARTMENT ADMINISTRATION October 25, 2000 Ms. Rosanne Karr, Chairperson Local Planning Agency/ Planning and Zoning Commission City of Winter Springs 1126 East SR 434 Winter Springs, FL 32708 SEMINOLE COCINTY FLORIDA'S NATUR4L CHOICE Subject: Plan Amendments for Donald Weaver and Thomas Minter Dear Ms. Karr: The County has reviewed the subject requests (see enclosed maps) and is submitting this letter in objection to the proposed plan amendments based on the following findings. In 1999, as you may know, Seminole County and the City of Oviedo entered into a Joint Planning Interlocal Agreement (JPA). One of the main purposes of this agreement is to "Protect the general rural character of the Rural Areas of Seminole County as depicted in the Seminole County Comprehensive Plan..."(JPA, page 4, Section 2(a)(3)]. The subject property is located within the County's East Rural Area and is designated as Rural-3 on the County's Future Land Use Map and zoned the A-3 rural zoning classification. A plan amendment to the Low Density Residential (LDR) land use designation on these properties would represent an encroachment into the County's Rural Area. According to the subject JPA, these properties area located within the "Transitional Areas", which sets forth conditions for plan amendments within this area [JPA, page 6, Section 3(b)]. The "Future Land Use Equivalency Chart" (Exhibit "B") of the JPA provides for compatible land use designations adjacent the County's Rural Area. Consequently, the proposed plan amendments fail to address the issues which are adequately addressed within the JPA between the County and City of Oviedo. You may also be aware that for some time now, staff from the County and City of Winter Springs have been working toward the development of a joint planning agreement to address land use issues along the borders of the County and City of City of Winter Springs. 1101 EAST FIRST STREET SANFORD FL 32771-1468 TELEPHONE (407) 665-7397 FAX 328-2576 Ms. Rosanne Kerr, Chairperson October 25, 2000 Page 2 Given the above concerns, we ask that the Local Planning Agency: 1. Recommend denial of the subject plan amendments; and 2. Recommend development of a joint planning agreement that will address protection of the County's rural community and provide an overall approach to joint land use planning between the County and City of Winter Springs. Thank you for the opportunity to review these important matters. If you have any questions, please feel free to contact me or Tony Matthews of the County's Planning Division at 407-665-7371. Sincerely, Frances Chandler Planning and Development Director Enclosure FC:tm cc: Honorable Mayor and City Commission, City of Winter Springs Ronald McLemore, City Manager, City of Winter Springs V. Eugene Williford, III, City Manager, City of Oviedo Seminole County Board of County Commissioners Kevin Grace, County Manager Jim Marino, Deputy County Manager Tony Matthews, Principal Planner I:\old_dp_vol2\cp\projects\special\j pa\wsjpa\weaverminter.doc DONALD WEAVER a? OCT-19-2000 10=27 73X P. O2 THOMAS MINTER _~ :~ OCT-19-2000 10 03 7?i P.02 ~0`' ~~:f, wy -- CITY OF OVIEDO FLORIDA -~. ;;~,' ,`'~ `~~ 400 ALEXANDRIA BOULEVARD • OVIEDO, FLORIDA 32765 • (407) 977-6000 V. EUGENE WILLIFORD, III CITY MANAGER October 25, 2000 Ms. Rosanne Karr, Chairperson City of Winter Springs Local Planning Agency 1126 East State Road 434 Winter Springs, FL 32708 Re: Weaver Large Scale Comprehensive Plan Amendment by the City of Winter Springs Comprehensive Plan Amendment LS-CPA-2-00 Dear Ms. Karr: The purpose of this letter is to formally object to the large scale comprehensive plan amendment of the subject property by the City of Winter Springs. The subject property is located within the Oviedo-Seminole County Joint Planning Area boundary as provided in the City of Oviedo/Seminole Joint Planning Interlocal Agreement (JPA) adopted by the City of Oviedo City Council on September 20, 1999 and the Seminole County Board of County Commissioners on September 28, 1999. The proposed comprehensive plan amendment is in conflict with the Joint Planning Interlocal Agreement for the following reasons: 1) It is the intent of the JPA to protect the rural character of areas designated Rural on Seminole County's Comprehensive Plan. The subject property is located within the adopted Rural Area Boundary (Black Hammock Area) and designated Rural-3 on Seminole County's Comprehensive Plan future land use map. 2) According to the Equivalency Chart provided in Exhibit "B" of the JPA, the subject property must be designated either Low Density Residential-Transitional or Rural within the City of Oviedo. 3) The proposed comprehensive plan amendment is inconsistent with the JPA's planning objectives to protect the integrity of and discourage urban sprawl into the rural area of the County known as the `Black Hammock". Rule 9J-5, Florida Administrative Code, urban sprawl as "urban development or uses which are located in a predominantly rural areas, or rural areas interspersed with generally low-intensity or low-density urban uses, and which are characterized by one or more of the following conditions: (a) The premature or poorly Ms. Karr, Local Planning Agency Chairperson City of Winter Springs October 25, 2000 Page 2 planned conversion of rural land to other uses; (b) The creation of areas of urban development or uses which are not functionally related to land uses which predominate the adjacent area; or (c) The creation of areas of urban development or uses which fail to maximize the use of existing public facilities or the use of areas within which public services are currently provided. Urban sprawl is typically manifested in one or more of the following land use patterns: Leapfrog or scattered development; ribbon or strip commercial or other development; or large expanses of predominantly low-intensity, low-density, or single-use development." The subject property is not only located in a predominantly rural area but is located in Seminole County's adopted Rural Area. The proposed Comprehensive Plan Amendment is inconsistent with the City of Winter Springs Comprehensive Plan Future Land Use Goal 3, Objective A which discourages the proliferation of urban sprawl. Changing the land use designation from Rural to Low Density Residential future land use of the subject property equates to the creation of an area of urban development or uses which are not functionally related to land uses which predominate the adjacent area. The surrounding area is predominately rural agricultural and large lot residential uses. The proposed future land use designation will cause leap frog, large expanses of predominately low density development on the subject property. Thus, we believe that the proposed comprehensive plan amendment request meets the definition of urban sprawl provided in Rule 9-J5, Florida Administrative Code. Therefore, City of Oviedo requests that the City of Winter Springs Local Planning Agency recommend denial of the subject large scale comprehensive plan amendment. If you have any questions, please contact Mr. Bryan J. Cobb, Director of Planning and Zoning at (407) 977-6039. Sincerely, THE CITY OF OVIEDO `~~ V. Eugene Williford, III City Manager cc: I-Ionorable Mayor and City Council Mr. Ronald Mclemore, City Manager, City of Winter Springs Mr. J. Kevin Grace, County Manager, Seminole County Ms. Frances Chandler, Deputy County Manager, Seminole County Mr. Tony Matthews, Principal Planner, Seminole County Bryan J. Cobb, Director of Planning and Toning, City of Oviedo .. ~~ 123n M~T~~' ~~~ ~ bN~, fC 3265 ~~ ~ goo (40?) 3Sy-D 13~ October 25, 2000 ~C-~ ~ ~ ~ G ~N ~~ City of Wi tergSpr ngs C taCommission c~~ ~cEOF~N~4G1(~~C~,~~~~`I ~/ Via Hand Delivery OFF y`I C i-~tYyv City of Winter Springs City Hall L~ ~ RE: • Ordinance 2000-38 rezoning "the Carroll Property" of approximately 10 acres from A-3 Agriculture to City zoning designation C-1 Neighborhood Commercial. • Ordinance 2000-35 rezoning of "the Telecorp Property" of approximately 3.5 acres from A-1 Agriculture to City zoning designation Greeneway Interchange District. Proposal for a Large Scale Comprehensive Plan Amendment to change the Future Land Use Map regarding "the Minter Property" from Rural-3 (cne dwelling unit per 3-acres) to Low Density Residential (1.1 to 3.5 dwelling units per acre). • Proposal for a Large Scale Comprehensive Plan Amendment to change the Future Land Use Map regarding the "Weaver Property" from Rural-3 (one dwelling unit per 3-acres) to Low Density Residential (1.1 to 3.5 dwelling units per acre). Dear City of Winter Springs: As a petitioner against the City of Winter Springs during the Battleridge process, I was privy to a number of representations made by Winter Springs in an attempt to convince petitioners -including myself - to drop their petitions before the Department of Community Affairs. Two of these representations were: • Winter Springs would not allow any other property to hook into the city services (water, sewer, etc.) lines that service the Battleridge property. • Winter Springs would not annex east of the urban services boundary set by Seminole County. In light of the noticed actions referenced above, it appears that Winter Springs is not honoring those representations; therefore, the following questions need to be answered: • How are city services such as water and sewer to be delivered to these properties? • What standards of growth management will Winter Springs adopt in these areas? Key to this are discussions of transitional zoning and protection of rural Seminole County, impacts on environmentally sensitive areas of the Lake Jesup basin, and traffic patterning and distribution in adjacent Oviedo (as required by Winter Springs' Comprehensive Plan intergovernmental provisions). t ,- ~ . • How does Winter Springs intend to meet the burden of intergovernmental coordination with regard to traffic impacts within residential neighborhoods in the City of Oviedo? As a resident of the MacKinley's Mill subdivision ! am particularly affected since the roadways in my subdivision -most notably MacTavandash Drive where (live -are already overburdened and functioning above designated capacities because they are utilized as a route for traffic seeking access to Oviedo High School and commercial and professional services along S.R. 426. • Do the intended actions interfere with the Joint Planning Agreement between the City of Oviedo and Seminole County in relation to this area? • Was the urban services boundary moved? If so. when? • When was the Carroll Property annexed and when were the Comp Plan and FLUM changes made? • Where are the nearest Winter Springs fire and police stations to these properties? Under State law as well as the City's own Comprehensive Plan, there is a requirement for intergovernmental coordination that requires consideration as to how these actions might impact the City of Oviedo, for example: • Residential areas east of S.R. 417 are currently zoned for schools located in Oviedo; therefore these schools will become more crowded. When will funding be available to build additional schools? • The nearest parks and recreational facilities are located in Oviedo. • The nearest public library is in Oviedo on Division Street, which means this added traffic would traverse Oviedo residential neighborhoods. • Seminole County and the City of Oviedo are on the public record and have policies in place to protect the Black Hammock. The proposed actions take Low Density residential land uses right onto the doorstep of the Black Hammock. • Residential streets such as MacTavandash Drive, IVew Castle Lane, Artesia Street.. Pine Avenue, and others will bear traffic impacts from the properties that are the subject of these actions. Has Winter Springs met the burden of intergovernmental coordination as required by State iaw and its own Comprehensive Plan with regards to a Large Scale Comprehensive Plan Amendment that was also noticed and which is intended to completely replace the traffic circulation element of the current Comprehensive Plan. How will these changes impact Oviedo and rural Seminole County? The City of Winter Springs and the City of Oviedo have long been at odds over past annexations. Winter Springs City Commissioners are on the public record with statements indicating bitterness toward Oviedo over the mall on Red Bug Lake Road. With the future of rural Seminole County on the line, it is time for both jurisdictions to put differences aside and look to the future without the grudges of the past. Being attached to the outcomes of the past results in a similar future. The citizens of this region deserve better. I ask the Land Planning Agency and the City Commission to carefully weigh the thoughts in this letter when making decisions relevant to the proposed noticed actions and to make findings against the proposed annexations and rezonings. Very Tr y Yours, Valerie E1-Jamil Cc: City of Oviedo Seminole County Board of Commissioners t' -~' r~ , October 25, 2000 Laird Planning Agency and City of Winter Springs City Commission Via Hared Delivery City of Winter Springs City Hall Dear City of Winter Springs: 1190 MacTavandash Drive Oviedo, FL 32765 c ® 407-366-2975 O C.~ 2 5 ~0~0 SPR~NC'S oF~`° ° ~ ~ ~;~1 ~~ ~c,~I P~~- .; ., ~,~ I ~-~ Re: Winter Springs' actions on Weaver, Carroll, and Minter Properties A number of public hearing norices appeared in the Seminole section of the Orlando Sentinel on Saturday, October 14`h. As you know, Seminole County, Oviedo and Winter Springs have long had contentions over the properties that lie between S.R. 434 and the shores of Lake Jesup. Winter Springs is now apparently attempting to take actions on large amounts of property along the S.R. 434 corridor, as follows: • Ordinance 2000-38 regarding rezoning "the Carroll Property" of approximately 10 acres from A-3 Agriculture to City zoning designation C-I Neighborhood Commercial. • Ordinance 2000-35 regarding rezoning of "the Telecorp Property" of approximately 3.5 acres from A- 1 Agriculture to City zoning designation Crreeneway Interchange District. • Proposal for a Large Scale Comprehensive Plan Amendment to change the Future Land Use Map regarding "the Minter Property", a rather large parcel, from Rural-3 which allows one dwelling unit per 3-acres to Low Density Residential which allows 1.1 to 3.5 dwelling units per acre. • Proposal for a Large Scale Comprehensive Plan Amendment to change the Future Land Use Map regarding the "Weaver Property", another rather large parcel, from Rural-3 which allows one dwelling unit per 3-acres to Low Density Residential which allows 1.1 to 3.5 dwelling units per acre. During die Battleridge process Winter Springs made a nwnber of representations, including: • Winter Springs would not allow any other property to hook into the city services (water, sewer, etc.) lines that service the Battleridge property. • Winter Springs would not annex east of the urban services boundary set by Seminole County. The following questions need to be answered: (1) When was the Carroll Property annexed and when were the Comp P/an and FI,UMchanges made? (2) Do the intended actions interfere with the.luuir l'lanningA~~reenren! between the City of Oviedo acid Seminole County in relation to this area'' (3) Was the urban services boundary moved? I f s~>, when? (4) Where are the nearest Winter Springs fire and police stations to these properties? (5) What standards of growth management has Win~cr Springs adopted to apply to these areas? Key to this are discussions of transitional zoning and protection of rural Seminole County. Consider also the impacts on the City of Oviedo: • Residential areas east of S. R. 417 arc currently zoned for schools located in Oviedo; therefore these schools will become more crowded. When will funding be available to build additional schools? • The nearest parks and recreational facilities are located in Oviedo. • The nearest public library is in Oviedo on Division Street That means more traffic in Oviedo residential neighborhoods. • Seminole County and the City of Oviedo are on the public record and have policies in place to protect the Black Hammock. The proposed actions take Low Density residential land uses right onto the doorstep of the Black Hammock. There is also a notice for a Large Scale Conrprehensire Plan Amendment that would completely replace the traffic circulation element of the current Conrprehenrire Plan. Has Winter Springs met the burden of intergovernmental coordination as required by State law and its own Comprehensive Plan? How will these changes impact Oviedo and rural Seminole County? Very Truly Yours / ., ~ ~ ~e a Beres 11 Pr's dent, MacKinley's Mill Homeowner's Association CC: Seminole County Board of County Commissioners Florida State Department of Community Affairs Ty ~~i3Y ttzr~' ~'~ '~ ,, ~ WAT E R s" MANAGEMENlf' C7ISTRICT •'-ifGarn 1A- Go<~aI April 12, 1999 I lorry finan F ruan~~o Ihr octo+ John IL V7enlo, ti:r.l,+ant Eaoe woo Duoao+ POST OFFICE E30X 142~J PALA7KA, FLORIDA 3217f3-1429 TELE PI1pNE 9On-729-x500 1-D00-x51.7106 SUNCOM 9Da.D6D-a 500 TOD 9On-J29~4x S0 TOD SUNCOM DGO-tn50 F/J( (E *ecvYrve) J29~a 125 (Legal) 729-4485 (F'orrtvuir>9) 729-4715 (lAd mink lra Gon7F inanco) 729.4 SOB 6t8 E. SOVP+Str eet O.lando, Fbddl 72801 407 ~ fl 97-400 1-877-270-1658 7DD 407~897~59fA 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 Deai Mr. Eubanks: SERVICE CEFFTERS 7775 Daymeadows Way PERMITTING: OPERATlOr15: Sul• 102 SOS Easl Drive I1 J] N. WCkhem Road J~c~norr. T•, FloAda ]2156 MdDOUme, Fla idi J190a IAe~m.- Fb~ida Y1971Bt09 9w-7J0~6270 407-984-4940 407751-7100 1~B00-651.1561 t-B00-19 5 72 6 4 TOD x07-7 S2-7701 7DU 904-448-7900 TD0407-772.5.168 /~Fi~ 15 ...., ... ----_ _ _ sir.. =: - -~--_ SJRWMD planning staff has reviewed the amendments adding new policies to the Future Land U~ ~ 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. "hhe new policy to be added to the Intergovernmental Coordination Element 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 hnprovement 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: ""hhe 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 P1z_n." "hhe 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 I=ive-Year I~nnd Acquisition Plan map- 'I-he contact at SJRWMD for land acquisition is Ray Bunton <~I_ (904)329-4335. Dan Roach, uuinu Arr Kathy Chinoy, vicE Ct+A+R UAN JarncS T. Sv7ann. 7NEASUnEn OIIS IAaSOn, sEC-_~A+lr ~°orut vulnA cocoA sI AvG~niA: r E{INANIJ~NA O(AC41 Grillin A- GroonD ~C+IO UEAC11 Iar,+c: VI- l^lil~ia tn, ()f:ALA Patricia (. 11arc;r.n SA)+; Of1U neid r+~,nes oA.:or.A E.Ac~ ALSO, the C.Ity S d~[a and analysls re1CIS LO lmp~CmCnlahOn Of :1 I1 ~~aICaW1dC SIOrmWater retentlOn facility" as part of the Town Center Area project to prevent pollutants from entering Lake Jesup. The City m..y want to investigate applying for stormwater cost-share funding that maybe available for Imo' 1999-2000 as i[ 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, ~~-~F< Margaret Spontak, Director Office of Policy and Planning xc: Jeff Griswold, DCA (By FAX) Nancy Christman, SJRWMD Ray Bunton, SJRtiJMD Marlane Castellanos, DEP Thomas Grimms, Winter Springs Regina Lovings, SJRWMD Sandra Glenn, ECFRPC ?_ i DEPARTMENT _, ~~~ ~~~ ~ ~~ Y ,~~ r STATE O E E L O R I Q A Of= COMMUNITY AFFAIR S "Helping Floridians create sale, vibrant, sustainable communities" tEa ousEi Governor April 30, 1999 The Honorable Paul P. Partyka, Mayor City of Winter Springs 1 ] 26 East State Road 434 Winter Springs, Florida 32708-2799 Dear Mayor Partyka: STEVEN M, SEI[3FRT ScCreta r~ 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-5, Florida 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: LGCPA-3-9H: 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. 2 S S S Sri llS1A R D OAK [3O UrE VAIt D TALE.1 n,1SS Er, 1 LOKIDA 31399-2 100 PLonc: (1)50) 4(10-04GG/Suncom 27fS-0466 fAX: (0501 921-07011Suncom 291-0701 InlernCi address: hitp://www.siaEC-(I.~s/coma(f/ rIORiOn r;[vS new of G:Gc.,t Si.uc Con ~,~ ~ CFIIv 1`, ..r cc<<~ rlrht plhir or G~+,t~r Sr3rc Co~ar"~,,.~v C_~~~~ nllilll~Un ,1 Ip~~~1~ J}OSn,)i.7 c~itu f i~,~.i't "f - ~ i The 1-Ionorable Paul P_ I'artyl;a April 30, 1999 Page Two CONSERVATION ELEMENT': LGCPA-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 97-11.010, 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 97-11.0] 1, 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 io expedite the regional planning council's review of the amendment, and pursuant to Rule 9J-1 1.OI 1(S), 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 Honorahlc 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 1, ] 999. "The 1998 Florida Legislature revised Section 163.3177(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, libraries, 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 school 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 school 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 of I999. 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 (8S0) 487-4S4S, if you need additional assistance. Si~er ly, ~ J mes D. Stansbury Community Program Administrator JDS/jg cc Mr. "I~ho~rr~s Grimms, AICP, Comprehensive Planning "/_.onin~; Coordinator Ms. S~utdra Glenn, }_aeeutivc Director, Easr Central Florida RI'C `.:rt Ccntrnl l~l~~ritln EGIONAL PLANNING C O u N C l l Chairman Larry Whaley Clerk of Courts Osceo(o County Vice Chairman Evelyn Smith Mayor City of Eustis Secretary- Treasurer Carole aarlce Governor's Appointee Seminole County Executive Director Sandra S. Glenn !, Serving Brer.etrcl, Lake, Ormtge, Osceola, Sentittole and lrolccstct corntties. Gmtuirt~ Sn7at~er 7hraugb Re~ionnl Plnnrtin~. 1011 Wymore Rood Suite 105 Winter Pork, Florida 327f39-1797 Phone 407.6?3.107:1 Fox 401.623. 10(14 Sunco~n 33410/5 Suncorn Fc~z ~ ~ ~ 334.IOf3.1 i { ~~ ~ C moif ccfr{x cats y~ ' l ~ ? 5~~. ~'n~,i~~cl <~~ ~~ c~j~~'~ ~~~ -~ ~. ,~ .~~'~OXZ.~.N~rJM DATE TO: FROM Monday, March 15, 1999 ~ s ~ [ < ' '' ~, ~' I--11 1" ,=: 1 ? ' D. Ray Eubanks, FDCA, Planning Manager James Stansbury, FDCA, Community Program Administrator Jenifer Domerchie Planner SUBJECT: Comprehensive Plan Amendment LOCAL GOVERNMENT: Winter Springs DCA AMENDMENT #l: 99-1 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. 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. 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. e: Local Government Contact: Mr. "I~homas Grimms, AICP File D('-1510 ~~_ iLUiU U,AUI I'~AG;`~ti_KI (1f ;-(n IY. pi(... of ti.. S..c..„ry (y,~« of Ir. <.~-t,ur..l Itcl,irc,~~. (?.~ ~_.;rn of FJ cc Go.~, u.cx, of Corixr e cirnv ..or, or c..lr.,r.i n1l.,r, rim of lii+to riul Rcw.~rcr, .-t..m o! Lbr>ry .nd inlonn, iron `,crvko Div:vm o(liccn}ing Di rston of Admuwv>ii~c S,crvlco March 4, 1999 "t~ty,~J.~~l ~` c>~c r1 ~l_ P FLORIDA DEPATrI MI NI~ OF S"f ~"IT l<atherine l-lands Secretary of State DIVISION OF I-IISTOIZICAL Mr. Ray Eubanks Department of Community Affairs (/'-' Bureau of State Planning 2SSS Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ni[niili R (~i nn rturu[~n Cnuf~.= .t< Ik>. r,i of I.i~.~.-.:-. T r.,,tc., <,f tlu 1~4 rn,I Im Prt,~cmc„i 7n.,i F_, ndmlril,tr, tior, G>, ,.,,....a, l lnr;d. l,rKl .nd 1'J,4r nef...l.c, wry Coo -- ~;..1,;~., of oo,..i F;r.,,.._ Dcp utmrnl of R.c~ [hf>. rtmrnr of law 3:rJor<ccr. [kr.rtmcnl 01 7 ti~w.y $>lcry .Ki Motor Vc1~1~ Dc-putrnrnl o! V<tcr>n~' Alfa=. Re: I-Iistoric 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 163.3178, Florida Statutes, and Chapter 9J-S, 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 tent amendments to the Conservation, Land Use, and Intergovernmental Elements of the Winter Springs Comprehensive Plan to consider the potential effects of these actions on historic resources. While the text amendments for the Conservation Element and the Intergovernmental Elements should have no adverse effect on historic resources, tl~e Land Use amendment addressing the protection of historical resources should have a positive effect. The text 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 evaluate these resources? Furthermore, how will the city ensure the protection of these sites from development or redevelopment? We continue to recommend that the city sponsor a systematic archaeological and an architectural and historical surrey to determine if any significant historic resources ma~• be present. If significant resources are identified, they need to be preserved and protected by the city. "phis can be accomplished by means of the adoption of a local historic preservation ordinance- i R_~_ Gra~~ liuildinf~, (1 U!rr~chlrs C)(firr 500 South f3ronough SUecl lall~h,ls<;cc, Florio; 3?34) 0750 1~i1Fr//www.(lilcritas~c.co.1 U r~rch.~colr>~~iotl I~csc;uch (3%}{i•,toric I'n~sc: v,Itirut O Hi;tori~al ~tuscu:tt: (S",U) 457-7JV7 FAti~414-220J (t~~7) .b7 7S~J i.A>:. 7'? 0155 (©SO) 1,.°.-l4';; - I~,VC-9,1-".7J C1 1'aln, Ik'.tch f(c~°,ituul Oinc t~ Cl !,~ l~uI~t:~,hnc I(ovit~r.dl t?I;i~ r [l "I.~:n~>~ kc innzl C)fr~rr C7 I Ii•,tr>; ~~ I'rn~..~r trl.i !'n~~.~ i~a!nn, 14,.u,1 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 phases 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 Kammerer of the Division's Compliance Review staff at (850) 487-2333. Sincerely, Q , ~2. ~i-cam ~~~- ) George W. Percy, Director Division of Historical Resources -- - ~~ ~i-F ~ _~.,I'i~~l F-iF f File; C ~ .~f 1 ~ - - - -~- 11.1'1 1._ -`/.'(_lf~ f j`~ '1~" ~ . '~J'~~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS v 'Dedicated to making Florida a bQttor placQ to call horn©" BTGVQN M. SEIElER7 JC© BUSH g,QUeUry CZ, ova mor June 8, 2000 Mr. Thomas Qrimms, AICP Comprehensive Planning/Zoning Coord. City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 Dear Mr. Qrimms: The Department's records reflect that the City of Winter Springs has submitted two adopted comprehensive plan amendment packages for the year 2000. The fast amcndjrtent package was adopted- by Ordinance No. 2000-10 on April 24, 2000, and referenced as DCA# 00-1. The second amendment pac}cage was adopted by Ordinance No. 758 on May 8, 2000, and referenced as DCA # 00-2 . Pursuant to Section 163.3184(3)(b), Florida Statutes and Rule 9J-11.006(1}, Florida Administrative Code, local governing bodies shall consolidate all proposed plan amendments into a single $ub ~ssion for each of the two plan amend.merit adfluti4u d_~es duzina t~~~a~nc~ar year. Therefore, by adopting two separate ~ackages on different dates the City hag exhausted their two adopted amendment cycles for the calendar year 2000. The City may continue to submit adopted amendments5 du.-ing the calendar year 2000 if the amendments meet the exemption requirements set forth in Section 163.3187(1), Florida Statutes and Rule 9J-11.006(1)(a)7, Florida Administrative Code. We understand that the City may have some expectations of adopting additional plan amendments during this calendar year that do not meet the exemption requirements of Section 163.3187(1), Florida Statutes. If this is the case, in order to avoid any difficulties, the. City may wish to contact the Department to further discuss their options prior to adopting any additional amendments during the 2000 calendar year. The Department looks forward to working with the City in resolving any issues identified in this procedurFil matter. If you~believe that the Department's records are incorrect concerning this issue or you have any questions, please contact Shaw Stiller, at (850) 488-0410. Sincerely yours, C,l~~t ~a.7z~ Charles R Gauthier, AICP Chief, Bureau of Local Planning CRG/rc Z6E6 SHUMARD OAK BOULEVARD - TALLAMA"s$eL, r~o-tivA s2JSG-~i~o:b Phony; US0.4~E.8400/$uncom 278.B~a4 FAX' 860.921.4781lSunoom 291,6791 Int~rrt~t ~ddr~ss' http_!/www.dcn,~t~tr.fi.u• wT~cx rr~rr[ enwcrmr ~~~o c'rr-ea eo«.~v~+rrv nwrA+v+o cvvcor+tr'r w-uWcvnxt µa»ira a fxrrr nesvw.DoµrKr Z7va o....... -ay.«y, ~-...~ 7t2 7aae s+..o...e o.k oa.,~.,..d zed v~....~.. o.x Pte.-,,..d zees s,..~.,..~ o.k ae.,~....d • rA,..o-y~ ti 1~saba~t77 r.+w""t n. anoaM~o T.RaA.r+4 etSn. oo.noo T~a.++.«.. rt a2~noo ~ aeo-x~e~ ~ ~~yoa» ~ ~~