HomeMy WebLinkAbout2001 03 07 Regular Item I
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Dept.
Planning Division
LOCAL PLANNING AGENCY REGULAR AGENDA ITEM:
II. I. CONSERVATION & RESOURCE PROTECTION SITE
LARGE SCALE PLAN AMENDMENT (LG-CP A-2,3,4-98)
STAFF REPORT:.
APPLICABLE LAW AND ,PUBLIC POLICY:
The provisions of 163.3174(4) Florida Statutes which state "Bethe agency (Local
Planning 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. During the preparation of the plan or plan
amendment and prior to any recommendation to the governing body, the Local Planning
Agency shall hold at least one public hearing, with public notice,. on the proposed plan or
plan amendment."
. .
The provisions of Sec. 20-57 of the City Code which state in part ". .the planni.ng and
zoning board shall serve as the local planning agency pursuant to the county
comprehensive planning act and the local government comprehensive planning act of the
state. . ."
. It is City Administration policy thatthe applicant must provide the data, inventory and
analysis in support of the proposed comprehensive plan amendment and provide the
response to the ORC Report.
APPLICANT:
OWNER:
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
N/A
LOCAL PLANNING AGENCY
March 7,2001
Conscrvation & Protcction Plan Amcndmcnt
LG-CPA-2,3,4-98
Pagc I of3
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REQUEST:
For the Local Planning Agency to review and recommend adoption of the plan amendment
LG-CP A-2,3,4-98.
PURPOSE:
To ensure (1) preservation of the City's vegetative and wildlife habitat of species
designated as endangered, threatened or of special concern, significant cultural and
archeological resources; (2) coordinate with the resource protection plans of local, 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.
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT (ORC) FROM
THE FLORIDA DEP ARTMENTOF COMMUNITY AFFAIRS:
The Florida Department of Community Affairs did not comment in its ORC Report on these plan
amendments.
FINDINGS:
. The comprehensive plan amendment is compatible with the other elements of the
City's Comprehensive Plan
. The comprehensive plan amendment is compatible with and furthers elements of the
State Comprehensive Plan, in Chapter 187 F.S.
. The comprehensive plan amendment is compatible with and furthers elements of the
East Central Florida Comprehensive Regional Policy Plan.
. The Florida Department of Community Affairs (DCA) reviewed the large scale
. comprehensive plan alnendments LG-CP A-2-98, LG-CP A-3-98, LG-CPA-4-98 and
raised no objection to .the proposed amendments in their ORC Report issued
January 26, 2001. .
STAFF RECOMMENDATION:
Based on the Findings, staff recommends the Local Planning Agellcy make the following
recommendation to the City Commission:
LOCAL PLANNING AGENCY
March 7,2001
Conscrvation & Protcction Plan Amcndmcnt
LG-CPA-2,3,4-98
Pagc 2 of3
That the City Commission hold a second (adoption) public hearing and adopt the plan
amendments (LG-CP A-2-98) to ensure "no destruction of vegetative communities, wildlife
and wildlife habitat of those species designated as endangered, threatened or of special
concern."; (LG-CPA-3-98) to among other things protect historically significant cultural and
archaeological sites from development or redevelopment; and (LG-CP A-4-98) to coordinate
the Town Center with resource protection plans of local, state and federal jurisdictions that
may exist.
ATTACHMENTS:
1. Text of Plan Amendments in Ordinance 758.
LOCAL PLANNING AGENCY
March 7, 2001
Conservation & Protcction Plan Amcndment
LG-CPA-2,3,4-98
Pagc 3 of3
ATTACHMENT 1
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ORDrl'i.-\~CE: NO. 758
AN ORDllNANCE OF TRE CITY OF WINTER S'PRINGS, SEMINOLE
COUNTI', FLORIDA, RELATING TO COMPREHENSIVE PLAN"NING;
SETTING FORTH AND ADOPTING THREE (3) LARGE SCALE
COMPREHENSIVE PLAN TEXT AMENDMENTS REFERENCED AS LG-
CPA-2-98, LG-CPA-3-98, AND LG-CPA.4-98 WHICH SHALL AMEND THE
COMPREHENSIVE PLAN BY ADDING THREE POLICY ST A TEME~TS
RELAIT'IG TO l..AJ"'i"D CONSERVATION Ai"lD RESOURCE PROTECTION;
PROVIDING FOR THE REPEAL OF PRIOR L"lCONSISTENT
ORDINAN'CES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE
PLAL"'l; AND PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF
THE PLAN AMENDMENTS.
WHEREAS, section 163.3161 et. seq.. Florida Statutes (1987) established the Local
Government Comprehensive Planning and Land Development Regulation Act~ and
WHEREAS, se~tion 163.3167, Florida Statutes, requires e~ch murucipalil)' in the State of
Fkrida to prcpare: and adopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
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Vv''HEREAS, section 163.3167(11), Florida Statutes. encourages local governments to
art:culate a vision of the future physical appearances and qualities of its community; and
WHEREAS, pursuant to, and in furtherance of, section 163.3167(11). Florida Statutes. the
City Commission of the City of Winter Springs, through a collaborative planning process with
meaningfiJl public participation, desires to adopt 'three new comprehensive plan policies (LG-CP A-2-
98;, LG-C~ A-3 -98; and LG-CP A-4-98) which are intended to: (I) preserve vegetative and wildlife
habitat of species designated as endangered, threatened or of special concern and significant cultural
and archaeological resources; (2) provide coordination through the resource protec.tions plans of
local, state and federal jurisdictions in the development of the Town Center; and (3) provide
pa.rticipation in the developmenl and management practices of any SWIM Plan or similar lype
government agency plans; cmd
WHEREAS, the Local Planning Agency oftbe City of Wimer Springs held a duly noticed
public hearing, in acco:dance with the procedures in chapler 163, part ll, Florida Statutes, on the
pmposed Comprehensive Plan amendments and considered findings and advice of staff, citizens, and
31\ interested parties submitting v,,'rit1cn and oral comment.s llnd has recommended adoption to the
Ci'ly C:onullIssion. and
WRERE,\S, on Nov{;lI"1lJer 9. I 99l). lilt: (II:. Comllli~sion or the CilY oi Winter Spnngs held
a ,july noticed pllblic he:\ring (lIl thl~ proposed Comprehellsive Plan alllcllCimcl1t and ~ollsidercd
findings and advic.; of' st.JJr. citizells, ,tIld <111 int c:t:stcd p,u1il~:; ~lIbl\1Jli Il)~.: writlw ~nd oral comrncnts,
and a.ller completE' dclibcrallDIl. appro\.,;t! !ht.'; ,:,111tlllill\t:11l for Irwsllliuil.ll() the floridJ Department
of Communit)' A/fai.! s. :tll(~
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WHEREAS, on April 30. 1999, the Florida Departmenl of Com.!11unity Affairs issued its
Objections, Recommendations, and Comments Repoil to the City and found the subject large scaJe
Comprehensive Plan amendments consistent with Rule 9J-5, Florida Administrative Code, and
Ch,:pte::- 163, Part IT., Florida Statutes and also raised no objections to the proposed Comprehensive
Plan amendments; and
WHEREAS, pursuant to section 9J-11.006, Florida Administrative Code, this
Comprehensive Plan amendment will not cause the City to exceed its twice yeari)' submittal allowance
for comprehensive plan amendments; and
WHEREAS, on January 10,2000, the City Commission of the City ofWinler Springs held
a duly noticed public adoption hearing on the proposed amendments set forth hereunder and
considered findings and advice of staff: citizens, and all interested parties submitting written and oral
comments and supporting data and analysis, as well as the Objections, Recomme.ndati9ns, and
Comments of the Florida Department of Community Affairs, and after complete deliberation,
approved (with modifications to the original proposed amendment based on DCA's ORC Report) and
adopted the proposed amendments hereunder; and
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WHEREAS, the Comprehensive Plan amendments adopted by this Ordinance comply with
the requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act and the amendments are in the best interests of the public health, safety, and welfare
ofr.he citizens of Winter Springs, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COlVrMlSSION OF THE CITY OF
. WlINTER SPRIN'GS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
~~ti()n 1. Recitals.
herein by this reference.
The foregoing recitals are true and correct and are fully incorporated
Se'l:tion 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the
Local Government Comprehensive Planning and Land Development Regulations Act, sections
163.184 and 163.187, Florida Statutes.
~-tli9~. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct. update, modify and otherwise further the provisions of the City
of Winter Springs' Comprehensive Plan.
~~n 4 Adloption of Text Amendment to Compreheusi\'c Plan. The City of Winter
Springs' Comprehensive Plan is hereby amended as follows.
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A) LG-CI'A-:!-98 (Conservation J!:lemc:nt). A new Poli<;y 3 IS hereby addeci under
Objcctive C of the Conservatioll E1cment as fc.lJows
Cil~' of Wllller Spfll1!.:~
Orlhn:l/lce No '/5':> (.I;ll\ll:ory ill. 1(1)1))
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Policy 3)
There shall be nO destruction of vegetative communities, wildlife a.nd 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 density of
development envisioned for the new Town Center, the City shan create a Town
Center Resources Protection District that will extend to all areas of the Town Center.
In 2000, the City shall deveiop specific la-.,d development regulations that will ensure
resource protection within the Town Center.
Conforming Amendm.ents: Existing Policy 3 shall be redesignated as Policy 4 and the
existing policies following existing Policy 3 shall be redesignated as Policy 5, 6, 7, and 8 respectively.
B) LG-CPA-3-98 (Land Use Element). A ne'VJ Policy 1 is hereby added under Objective
C, Goal I of the Land Use Element as follows:
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Policy I)
Historically significant cuhurai and archaeological sites shall be protected from
development or redevelopment. acitviti(:s as detailed in the City Land Development
Reb>ulations- In 2000, the City shall prepare and maintain an inventory of hist.orically
significant sites within its cOl1Joxate boundaries. The City shall assure that there shall
be no loss of hi5toric resources on city-owned property In 2000, the City shan
develop more re~rictive language in the Land Development Regulations ensuring the
protection of historically significant culturaJ and archaeological sites from
development or redevelopment.
COllforming Amelldments: Existing 1>oticies 1 and 2 shall be redesignated as Policy 2 and
3 (I=spectively.
C) LG-Cl)A-4-98 (Intcrgovemmcntal Coord illation Element). A new Policy 4 is hereby
added under Objective C of the lntergovetTImenta.l Coordination Element as follows:
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fn 2000, the City shaJl develop language;n the City's Land DevelojJment Regulations
ensuring the developmep.t of the City's new Town Center shall be coordinated with
all resource protect.ion plans of locaJ. !:t.al.e and federa.l jurisdictions that Illuy exisl.
The City shall coordinate with the reSourC(~ protection clTo;-ts of SJR WMD for Lake:
Jessup and the City sh31! involve it$elf in t.h~ process for development of the SWIlVl
Plan or a similar plan.
(II) of WI/lief S(Jnl\~'.s
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Conforming Amendments: None.
lliWw-.2. Transmittal to the Department of Community Affairs. The City Manager or his
desi.gnee is hereby designated to sign a letter transmitting these adopted Comprehensive Plan
A;nendments to the Florida Department of Community Affairs, in accorda.'1ce with section
163.31~7(1)(c)(4), Florida Statutes, and section9J-ll. Florida Administrative Code.
llitiolUl. Repeal of Prior Inconsistent Ordinances and Resolutions" All prior inconsistent
ord1..'lances and resolutions adopted by the City Commission, or partS of ordinances and resolutions
in conflict herewith, are l1ereby repealed to' the extent of the conflict.
~.!!2Jl.1. Severability. Ifany section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a sepa::-ate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
lli~. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amenclrnents adopted by ili.s ordinance, said Amendments shall be incorporated
into thoe City of Winter Springs Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
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~j.i2!L2. Effettive Date and Legal Status of the Plan Amendments. The effective date of
the: Amendments adopted by this Ordinance shaH be a date a final order is issued by the Florida
Department of Community Affairs, or the Administration Corrunission finding the Amendments in
compliance with section 163.3184, Florida Statutes. No development orders, development permits,
or land use dependent on these Amendments may be issued or commence before it has become
effective. If a fi:1al order of noncompliance is issued by the Administration Conunission. the
Amendments may nevertheless be made effective by adoption of a resolution affinning its effective
sta.tus. After and from the effective date of these Amendments, the Comprehensive Plan Amendments
set. forth herein .shall amend the City of Winter Springs Comprehensive Plan and become a part of that
plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive
Pian, as amended.
ADOPTED by the City Commission of the City of Wi11\~r Springs, Florida, in a regular
meeting assembled on the 10th day of January, 2000.
1':1 ul P. l':\I"t)'k:\. Mayor
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Cil~. c.>f Wllllt".r Slm!'l?s
OrdtllJnCC ='0. 758 (J:1Il1l:n:-' \I). ~l)()(l)
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