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Home My WebLink About2006 10 04 Public Hearing 202 Annexation Boundary Text Amendment COMPPLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 202 Consent Information Public Hearing X Regular October 4, 2006 Meeting REQUEST: The Community Development Department – Planning Division requests the Planning & Zoning Board/Local Planning Agency hold a Public Hearing for Ordinance 2006-15, a Large Scale Comprehensive Plan Text Amendment (referenced as LS-CPA-07-03) which creates Future Land Use Element Policy 1.8.4, establishing an eastern annexation boundary for the City, preventing the City from expanding the City boundary beyond Deleon Street. ______________________________________________________________________________ PURPOSE: This action is a follow-up to the directive included in Ordinance 2006-02, adopted on May 22, 2006 by the City Commission. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan… (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required… Chapter 171, Florida Statutes [Annexation] Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Article III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent; Section 15-36. Review criteria; Section 15-37. Local Planning Agency Review and Recommendation: Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application(s) at a Public Hearing, along with the staff review board's October 4, 2006 PUBLIC HEARING AGENDA ITEM 202 recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff review board. The LPA shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. Winter Springs Section 2-118 Annexations East of DeLeon Street Prohibited CHRONOLOGY: May 22, 2006-City Commission adopted Ordinance 2006-02 adding Section 2-118 to the City Code preventing annexation of properties east of Deleon Street. Sept. 21, 2006-Public Noticing in Orlando Sentinel of LPA Public Hearing Oct. 4, 2006- LPA to hear the request and make recommendation re: Ord. 2006-15 CONSIDERATIONS: The City Commission has determined that Annexation eastward, beyond Deleon Street, is not in the City’s best interest; The State of Florida [chapter 171, Florida Statutes] allows a municipality the discretion to set annexation policy; County residents of this area [known as the “Black Hammock”] desire its rural preservation; In the past, the area has been the source of conflict and disagreement between the City of Winter Springs and Seminole County and the City of Oviedo; In the spirit of mutual cooperation with Seminole County and the City of Oviedo, the City has implemented Code language preventing annexation of this area; A directive was given by the City Commission that new policy language would be implemented into the Comprehensive Plan at the next submittal cycle to prevent annexation of any real property, either voluntarily or involuntarily, that is located east of an imaginary straight line which commences on the southern boundary of the shores of Lake Jesup and runs southward along the eastern most boundary of the Deleon Street right-of-way and which terminates on the northern boundary of the City of Oviedo. The proposed text amendment fulfills the City Commission’s directive and promotes Inter- Governmental Cooperation. FINDINGS: (1) The proposed amendment does not diminish the city's budget, or the economy of the city or the region; (2) The proposed amendment does not reduce the level of service (LOS) of the City’s public facilities; (3) The proposed amendment promotes the preservation of the rural area and the environment; (4) The proposed amendment is consistent with the goals, objectives, and policies of the State Comprehensive Plan set forth in chapter 187, Florida Statutes. Consistency with the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code is no - 2 - October 4, 2006 PUBLIC HEARING AGENDA ITEM 202 longer required as this rule was repealed; (5) The proposed amendment promotes the cost effective use of the City’s public facilities; (6) The proposed amendment helps to ensure that the rural character of the Black Hammock is maintained and protection; (7) The proposed amendment does not cause the City’s Comprehensive Plan to be internally inconsistent. (8) The proposed amendment does not adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) The request is consistent with Florida Statute Chapter 163, Part II and Rule 9J-5, Florida Administrative Code. STAFF RECOMMENDATION: Staff recommends that the P&Z/Local Planning Agency hold a Public Hearing and recommend adoption to the City Commission related to Ordinance 2006-15, a Large Scale Comprehensive Plan Text Amendment (referenced as LS-CPA-07-03) based on the Findings enumerated above. IMPLEMENTATION SCHEDULE: Oct. 12, 2006- Public Noticing in the Orlando Sentinel of the City Commission Transmittal Hearing Oct. 23, 2006- Transmittal Hearing for Large Scale Comprehensive Plan Text Amendment to the Future Land Use Element (Ordinance 2006-15) Oct. 30, 2006- Transmittal to DCA Jan. 22, 2006- Anticipated Adoption Hearing Date ATTACHMENTS : A. Ordinance 2006-02, Adopted May 22, 2006 B. Ordinance 2006-15 with Proposed Future Land Use Element, Policy 1.8.4 P&Z / LOCAL PLANNING AGENCY RECOMMENDATION: - 3 - ORDINANCE NO 2006-02 PAGE 1 OF 3 ORDINANCE 2006-02 PAGE 2 OF 3 ORDINANCE 2006-02 PAGE 3 OF 3 ANDREA LORENZO-LUACES CITY CLERK ANTHONY A. GARGANESE, CITY ATTORNEY JOHN F. BUSH, MAYOR 22ND DAY OF MAY, 2006 ORDINANCE NO. 2006-15 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENT, REFERENCED AS LG- CPA-07-03, WHICH SHALL AMEND THE COMPREHENSIVE PLAN RELEVANT TO THE FUTURE LAND USE ELEMENT; CREATING POLICY 1.8.4 ESTABLISHING AN EASTERN ANNEXATION BOUNDARY COMMENCING ON THE SOUTHERN BOUNDARY OF THE SHORES OF LAKE JESUP AND RUNNING SOUTHWARD ALONG THE EASTERN MOST BOUNDARY OF THE DELEON STREET RIGHT OF WAY AND TERMINATING ON THE NORTHERN MOST BOUNDARY OF THE CITY OF OVIEDO, BEYOND WHICH THE CITY SHALL NOT PROCESS VOLUNTARY OR INVOLUNTARY ANNEXATIONS; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. FUTURE LAND USE ELEMENT OBJECTIVE 1.8: ANNEXATION. The City shall pursue a policy of annexation which will provide for the most efficient use of public facilities and services, eleimate areas of jurisdictional problems, and provide for sound growth and development of the City and surrounding area. Policy 1.8.1 By Interlocal Agreement with Seminole County, the City and County may identify and establish procedures for joint action regarding future joint planning areas, future annexations and compatible County and City land uses. Policy 1.8.2 In order to reduce land use conflicts and for efficient public service provision, the City shall investigate and, where feasible, annex all enclaves as soon as possible. Policy 1.8.3 New development proposed with the County in areas that are contiguous to the City shall be annexed into the City and developed to City standards as a condition for the extension of public utilities. Policy 1.8.4 The city shall not process any voluntary annexation petitions receieved from property owners, nor shall the City initiate any involuntary annexation procedure, involving any real property that is located east of an imaginary straight line which commences on the southern boundary of the shores of Lake Jesup and runs southward along the eastern most boundary of the Deleon Street right-of-way and which terminates on the northern most boundary of the City of Oviedo.