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Home My WebLink About2001 03 21 Public Hearings I First Reading - Ordinance 2001-26 SWIM Plan COMMISSION AGENDA ITEM I Consent Informational Public Hearing X Regular March 21,2001 Meeting ~ ~/";', Mgr. /~~t I 4 Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for first reading and consideration of Ordinance 2001-26 to adopt the large scale comprehensive plan amendment (LG-CP A-2,3,4-98) that would add three (3) new policy statements (LG-CP A-2-98 in the Conservation Element; LG-CP A-3-98 in the Land Use Element; LG-4-CPA-98 in the Intergovernmental Coordination Element) to the Comprehensive Plan. PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for first reading and consideration of Ordinance 2001-26 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 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 Florida Statutes Chapter 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 CDD/March 15,200118:35 AM MARCH 21,2001 PUBLIC HEARING AGENDA ITEM I Page 2 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 of 166.041(3)(a) which state in part: "Except as provided in paragraph (c), a proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality," CONSIDERA TIONS: · The purpose of this request is to go through the large scale plan amendment procedure again with these previously reviewed proposed plan amendments (3). Due to Joshi & Associates as the then Town Center Master Developer not wanting these plan amendments adopted back the, and later, to the need for the City Commission to rescind these proposed large scale plan amendments in response to a DCA letter pointing out a technicality in the interpretation of the "two windows for submission of comprehensive plan amendments, It was advised that this plan amendment again be processed through the large scale comprehensive plan amendment procedure. · The Local Planning Agency reviewed these proposed plan amendments in 1999 and recommended approval. · The Florida Department of Community Affairs made no objections, recommendations or comments its ORC (Objections, Recommendations, and Comments) Report issued on January 26, 2001, · The Local Planning Agency at its March 7, 2001 meeting reviewed the ORC Report, noting that there were no comments from DCA on the proposed amendment, and made its recommendation to the City Commission, 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, CDD/March 14, 200l/6:03 PM MARCH 21,2001 PUBLIC HEARING AGENDA ITEM I Page 3 · 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 amendments LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98 and raised no objection to the proposed amendments in their ORC Report issued January 26,2001. FISCAL IMPACT: None. IMPLEMENTATION SCHEDULE: A public hearing for second reading and adoption of Ordinance 2001-26 is scheduled for March 26,2001. The ordinance would become effective after 21 days of the issue of "Notice of Intent" by the Florida Department of Community Affairs to find the large scale comprehensive plan amendment in compliance. [ref: 163.3184(10)(a) F.S, ] STAFF RECOMMENDATION: Staff recommends the City Commission hold a public hearing for first reading and consideration of Ordinance 2001-26 to adopt the plan amendments (LG-CPA-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-CP A-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 oflocal, state and federal jurisdictions that may exist. LOCAL PLANNING AGENCY RECOMMENDATION: The Local Planning Agency at its March 7,2001 meeting recommended the City Commission approve Ordinance 2001-26 to adopt the plan amendments (LG-CPA-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. CDD/March 14, 200l/6:03 PM MARCH 21,2001 PUBLIC HEARING AGENDA ITEM I Page 4 ATTACHMENTS: A. Ordinance 2001-26 B. Local Planning Agency Agenda Item II. 1. C. City Commission Item P Public Hearing November 13, 2000 for transmittal ofLG-CPA- 2,3,4-98 Plan Amendment (Original Data & Analysis Submission to the Florida Department of Community Affairs, COMMISSION ACTION: CDD/March 14, 200l/6:03 PM ATTACHMENT A 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 "Be the 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 planning 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 that the 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 Conservation & Protection Plan Amendment LG-CPA-2,3,4-98 Page I of3 ATTACHMENT B REQUEST: For the Local Planning Agency to review and recommend adoption of the plan amendment LG-CPA-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 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. OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT (ORC) FROM THE FLORIDA DEPARTMENT OF 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 amendments LG-CP A-2-98, LG-CP A-3-98, LG-CP A-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 Agency make the following recommendation to the City Commission: LOCAL PLANNING AGENCY March 7,200] Conservation & Protection Plan Amendment 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-CPA-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-CP A-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 Page 3 of3 Conservation & Protection Plan Amendment LG-CPA-2,3,4-98 A TT ACHMENT 1 '.' .=.' " .'~ : '.,' .. .: I: ',; ORD[J'iA~Cf: NO. i5S AN ORDHNANCE OF TeE CITY OF WINTER SPR1J\GS, SEMINOLE COUNTI', FLORIDA, RELATING TO COMPREHENSIVE PLAN"NfNG; 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 Al\1END THE COMPREHENSIVE PLAN BY ADDING THREE POLICY ST A TEME~TS RELATI:"JG TO LA1"-i"'D CONSERVATION Ai"ID RESOURCE PROTECTION; PROVIDING FOR THE REPEAL OF PRIOR L"lCONSISTENT ORDINANCES AND RESOLlJTIONS; PROVIDING FOR SEVERABfLITY; PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE PIAI'J; AND PROVIDING AN EFFECrrVE DATE AND LEGAL STATUS OF THE PLA.N AMENDMENTS. WHEREAS, section 163,3161 et, seq" Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Reglll?tion Ace and WHEREAS, se~tion 163,3167, Florida Statutes, requires e~ch municipality in the State of Fle-rida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of Conununity Affairs; and ) WHEREAS, section 163,3167(11), Florida Statutes, encourages local govemments 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 Cit)' Commission of the City of Winter Springs, through a collaborative planning process with meaningfiJI public participation, desires to adopt three new comprehensive plan policies (LG-CP A-2- 98;, LG-CP 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 archaeologicc;l resources; (2) provide coordination through the resource protections plans of local, state and federal jurisdictions in the development of the Town Center; and (3) provide participation in the development and managelT.ent practices of any S\NIM Plan or similar type government agency plans; and WffEREAS, the L.ocal Planning Agency of the City of Winter Springs held a duly noticed public hearing, in acco:dance with the procedures in chapter 163, partll, Florida Statutes, on the proposed Comprehensive Plan amendments and considered findings and advice of staff, citizens, and 311 interested parties submitting v,;'rit1en and oral comments and has recorrun~nded adoption to the:' City Conmussion. and WRERE,\S, on November 9. 19913. the (11:- Cornrnission of' the (ity of Winler Springs held a ,july noticed pllblic: hearing 0r1 the proposed Comprehensive Pliln amenciment and considered findings 3J1d aclvicr: olst3Jr citizens. itnd JII inlc-estcd p,u1iG~; subll1Jlting wl;tten <.:nd oral comments, and ,titer cOlllplett: c!clibcran::)I1, a]Jpro\,I~d !he ;:Illendrnent 1'01' lrilllSilliltaJ (0 lhe floridJ. Departmen! of Community /\If:tirs, illle ORDINANCE 2001-26 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THREE (3) LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENTS REFERENCED AS LG-CP A-2-98, LG-CP A-3-98, AND LG-4- CPA-98 WHICH SHALL AMEND THE COMPREHENSIVE PLAN BY ADDING THREE (3) POLICY STATEMENTS RELATING TO LAND CONSERVATION AND RESOURCE PROTECTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE PLAN; 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, section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs, and WHEREAS:' the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing, in accordance with the procedures in Chapter 163, Part II, Ordinance 2001-26 City of Winter Springs Florida Statutes, on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and WHEREAS, on November 13, 2000, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments, and after complete deliberation, approved the amendment for transmittal to the Florida Department of Community Affairs; and WHEREAS, on January 26, 2001, the Florida Department of Community Affairs issued its Objections, Recommendations, and Comments Report ("ORC Report") to the City and made no objections, recommendations, or comments to bring the subject Comprehensive Plan amendments into compliance with Rule 9J-5, Florida Administrative Code, and Chapter 163, Part II, Florida Statutes; and WHEREAS, the City Commission has reviewed and evaluated the ORC Report and has found no objections, recommendations or comments to the Comprehensive Plan amendments originally transmitted to the Florida Department of Community Affairs on November 14, 2000 in order to bring the amendment into Ordinance 2001-26 City of Winter Springs 2 compliance with Rule 9J-5, Florida Administrative Code, and Chapter 163, Part II, Florida Statutes; and WHEREAS, pursuant to section 9J-l1,006, Florida Administrative Code, this Comprehensive Plan amendment will not cause the City to exceed its twice yearly submittal allowance for comprehensive plan amendments; and WHEREAS, on March 26, 2001, the City Commission of the City of Winter Springs held a duly noticed public adoption hearing on the proposed amendment 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, and noting that there were no objections, recommendations, or comments of the Florida Department of Community Mfairs, and after complete deliberation, approved and adopted the proposed Comprehensive Plan amendments set forth hereunder, and WHEREAS, the Comprehensive Plan amendments adopted by tillS Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act and the amendment is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida and serve a legitimate governmental interest. Ordinance 200] -26 City of Winter Springs 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORID~ AS FOLLOWS: Section 1 Recitals. The foregoing recitals are tnle and correct and are fully incorporated herein by this reference. Section 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. Section 3 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. Section 4 Adoption of Text Amendments to the Comprehensive Plan. The City of Winter Springs' Comprehensive Plan, Conservation Element, Land Use Element, and Intergovernmental Coordination Element, is hereby amended by adding , three policy statements to said elements of the City's Comprehensive Plan. Exhibit 1 is attached hereto and fully incorporated herein by tIlls reference. Section 5 Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting tIlls adopted Ordinance 2001-26 City of Winter Springs 4 Comprehensive Plan amendment to the Florida Department of Community Affairs, in accordance with section 163.3187(l)(c)(4), Florida Statutes, and section 9J-11, Florida Administrative Code. Section 6 Repeal of Prior Inconsistent Ordinances and Resolutions: All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7 Severability: If any 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 separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8 Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan amendment adopted by this Ordinance, said Amendment shall be incorporated into the 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. Ordinance 200] -26 City of Winter Springs 5 Section 9 Effective Date: The effective date of this Ordinance shall take effect immediately upon adoption, in accordance with 166.041 (4) Florida Statutes and Section 4 .15( c) of the City Charter. Section 10 Effective Date and Legal Status of the Plan Amendment. The effective date of the Comprehensive Plan amendment adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Mfairs, or the Administration Commission finding,the Amendment in compliance with section 163.3184, Florida Statutes. No development orders, development pennits, or land use dependent on this Amendment may be issued or commenced before it has become effective, If a final order of noncompliance is issued by the Administration Commission, the Amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of these Amendments, the Comprehensive Plan amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and become a part of that , plan and the Amendment shall have the legal status of the City of Winter Springs' Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 26th day of March, 2001. Ordinance 2001-26 City of Winter Springs 6 PAUL P. PARTYKA, MAYOR REVIEWED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY GARGANESE, CITY ATTORNEY ATTEST: ANDREA LORENZO-LUACES INTERIM CITY CLERK 1 ST READING POSTED 2ND READING AND PUBLIC HEARING Ordinance 2001-26 City of Winter Springs 7 EXHIBIT 1 A) LG-CI'..\-2-9S (Conscrv:\tion Flcmcnt). r\ ncw Policy:> 1$ hcreby added under Objective C of the Conservation Elcmcnt as 1('UOV,.iS Policy 3) There shall be no destruction of vegetative communities, wildlife and ..vildlikbabitat of those species designated as endangered, threatened or of special concern.. Ttre City itself shall be subject to this same policy statement. There shall be no destruction of such communities and habitats on City owned property. D~e to the higher density of development envisioned for the new Town Center, the City shall create a Town' Center Resources Protection District that will extend to aU areas of the Town Center. In 2000, the City shall deveiop specific Ia-,d development regulations that will ensure resource protection within the Town Center. Conforming Amendments: Existing Polic)' 3 shaH be redesignated as Policy 4 and the existing policies following existing Policy J shall be redesignated as Policy 5, 6, 7, and 8 respectively. B) LG-CP A-3-98 (Land Use Element). A new Policy I is hereby added under Objective C, Goal 1 of the Land Use Element as follows: Policy 1) Historically significant culturai and archaeological sites shall be protected from development or redevelopment acitvities as detailed in the City Land Development Reb'Ulations. In 2000, the City shall prepare and maintain an inventory of historically significan! sites within its corporate boundaries. The City shaH assure that there shall be no loss of historic resources on city-owned property In 2000, the City shall develop more res.rictive language in the Land Development Regulations ensuring the protection of historically significant cultural and archaeological sites from development or redevelopment. Conforming Amendments: Existing Policies 1 and 2 ~hall be redesignated as Policy 2 and 3 respectively, C) LG-CI'A-4-98 (lntergovemmcnul Coordination Element). A new Policy 4 is hereb}' added under Objective C of the Intergovernmental Coordination Element as follows: In 1'000, the City shall develop language j) the City's Land Development Regulatiails ensuring the developmep.t of the City's new Town Center shall be coordinated with all resource protection pla!1s of local, !:tate and federal jurisdictions that may exist. The City shall coordinate with the resource pfot~clion effO;lS of SJR\VMD for Lake Jessup and the City Sh3J! involve itself in t.h~ process for development of the S\V(M Plan or ;] similar plan EXHIBIT 1 j A) LG-CPA-2-9S (Conservation E:Jement)_ A new Policy.) is hereby added under Objective C of the Conservation Element as fc,Uows, Policy 3) There shall be no destruction of vegetative communities, wildlife and wildlife habitat oftho~ species dt:signated 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., D~e to the higher density of development envisioned for the new Town Center, tl~e City shall create a Town Center Resources Protection District that will extend to all areas of the T owt;l Center, In 200t, the City shall deveiop specific la.,d development regulations that will ensure resource protection within the Town Center. Conforming Amendments: Existing Policy 3 sh~) be redesignated as Policy 4 and the existing policies following existing Policy 3 shall be redesignated as Policy S, 6, 7, and,g respectively. B) LG-CJ> A-3-98 (Land Use Element). A new Policy 1 is hereby added under Objective C, Goal 1 of the Land Use Element as follows: ) Policy I) Historically sigt:Uficant culturai and archaeologicaJ sites shall be protected from development or redevelopment acitvities as detailed in the City Land Development Re!:,'Ulations_ In 2001, the City shall prepare and maintain an inventory of historic.llly significant sites within its corporate boundaries. The City shaH assure that there shall be no loss of historic resources on city-owned property In 200', the City shall develop more resaictive language in the Land Development Regulations ensuring the protection of historically significant culturaJ and archaeological sites from development or redevelopment. COllforming Amendments: Existing Policies 1 and 2 shall be redesignated as Policy 2 and 3 f1~spectively, C) LG-C}'A-4-98 (IntergovemOlental Coordillation Element). A new Policy 4 is hereby added under Objective C of the lntergovemmenlaJ Coordination Element as follows: ) In 200', the City shall develop language i1 the City's Land Development Regulations ensuring the development of the City's neVi Town Center shall be coordinated with all resource protection plans of local, !:tate and federal juris.dictions thalmsy exist. The City shall coordinale with the resource pfot~ction effo;1S of SIR V.,rMD for Lake Jessup and th~ City shaJ! involve ilselfin the process for development of the SWIM Plan 0r a sirnilar plan, . COl1forming Amendments: None, ATTACHMENT C ; , COMMISSION AGENDA ITEM p Consent Informational Pu blie Hearing X Regular November 13,2000 Meeting ~ Mgr. IDL Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing to consider transmitting the large scale comprehensive plan amendments LG-CPA-2-98, LG-CPA-3-98, LG-CPA-4-98 to the Florida Department of Community Affairs, which would add three (3) new policy statements to the Comprehensive Plan dealing with land conservation and resource protection in the area of the new Town Center. 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 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. 'f 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 plan 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 (I5) 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 of local government or government agency in the state that has filed a written request with the governing body for the plan or plan amendment." CDDlNovembcr 6, 2000/11:0 I AM NOVEMBER 13, 2000 PUBLIC HEARING AGENDA ITEM P 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-l1.006(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-II,004 F,A.C. must be followed." CHRONOLOGY: . The Local Planning Agency reviewed the 3 policy statements plan amendments in 1999. . The Town Center plan amendment LG-CP A-I-99 and the Public Facilities Location LG-CPA-4-99 plan amendment were adopted on April 24, 2000. . The City Commission adopted Ord. 758 relating to the three (3) policy statements large scale comprehensive plan amendments LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98 on May 8, 2000. . The Town Center plan amendment, Public Schools Facilities Location plan amendment and the three (3) policy statements plan amendments dealing with land conservation and resource protection were mailed via Federal Express service on May 9, 2000. CDD/Novcmbcr 8, 2000/9:29 M'I NOVEMBER 13, 2000 PUBLIC HEARING AGENDA ITEM P Page 3 . On June 12, 2000, DCA advised in writing that since the amendments were adopted on different dates, the State will view the submittal as two submittals, thereby using the City's second "window" submittal opportunity scheduled for August, 2000. . The City Commission at its June 26, 2000 held a public hearing on Ordinance 2000-21 to rescind Ordinance 758, adopted on May 8, 2000 establishing three (3) policy statements in the comprehensive plan involving preservation of historic and environmentally sensitive resources relative to the Town Center. CONSIDERA TIONS: . Due to procedural requirements, the City Attorney advises that the proposed plan amendments LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98 be processed again. . The three (3) policy statements were adopted on May 8, 2000 and transmitted to DCA on May 9,2000 as large scale comprehensive plan amendments (DCA #00-2). The Town Center plan amendment (Ord, 2000-10) and the Public Schools Facilities Location plan amendment (Ord, 2000-09) were adopted on a different date, on April 24, 2000. Therefore, DCA viewed the submittal as a second submission even though they were all transmitted on the same date, May 9,2000, via Federal Express service. Rescinding Ord, 758 reopened the second "window" for submission in calendar year 2000. Failure to act would have negated the opportunities for a second plan amendment normally filed in August. . DCA staff was advised that adoption ofOrd. 758 involving three (3) policy statements was delayed until May 8, 2000 and would not be adopted simultaneously with the Town Center plan amendment and the Public Facilities Location plan amendment, . DCA informed the City that all three amendments would be considered as a single submittal package if they were filed with DCA on the same date. PROPOSED POLICY STATEMENTS: LG-CPA-2-98 (Conservation Element) A new Policy 3 is hereby added under Objective C of the Conservation Element as follows: 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 density of eDD/Novemher 8, 2000/9:29 A1vl NOVEMBER 13,2000 PUBLIC HEARING AGENDA ITEM P Page 4 ../ development envisioned for the new Town Center, the City shall create a Town Center'" Resource Protection District that will extend to all areas of the Town Center. In 2001l, the City shall develop specific land development regulations that will ensure resource protection within the Town Center. ;to O:\- NOTE: 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 under Objective C of the Conservation Element. LG-CP A-3-98 (Land Use Element) A new Policy 1 is hereby added under Objective C, Goall of the Land Use Element as follows: Historically significant cultural and archaeological sites shall be protected from development or redevelopment activities as detailed in the City's Land Development Regulations. In 2000, 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 2001 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. NOTE: Existing Policies land 2 shall be redesignated as Policy 2 and 3 respectively under Objective C, Goal 1 of the Land Use Element. LG-CPA-4-98 (Intergovernmental Coordination Element) A new Policy 4 is hereby added under Objective C of the Intergovernmental Coordination Element as follows: In 2000, the City shall develop language in the City's 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 ofSJRWMD for Lake Jessup and the City shall involve itself in the process for development of the SWIM Plan or a similar plan. NOTE: No adjustment of Policy numbers needed as a result of this addition. FUNDING: No funds are required to transmit the large scale comprehensive plan amendment to the Florida Department of Community Affairs, CDD/Novcmbcr 8, 2000/9:29 AM NOVEMBER 13,2000 PUBLIC HEARING AGENDA ITEM P Page 5 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 amendments LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98 and raised no objection to the proposed amendments in their ORC Report issued April 30, 1999. . DCA did recommend that the three (3) policy statements be strengthened by including in the policy (in LG-CP A-3-98 and LG-CP A-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 T own 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. STAFF RECOMMENDATION: Based on the Staff Report and the Findings, staff recommends the Local Planning Agency make the following recommendation to the City Commission: I. That the City Commission hold a first (transmittal) public hearing and transmit to th~, Department of Community Affairs the proposed large scale comprehensive 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-CP A-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. CDD!Novcl1lhcr 8, 2000/9:29 AM , . NOVEMBER 13, 2000 PUBLIC HEARING AGENDA ITEM P Page 6 2. Hold a second public hearing, after receiving and reviewing the ORC Report, to adopt the plan amendment. LOCAL PLANNING AGENCY RECOMMENDATION: MOTION BY VICE-CHAIRMAN FERNANDEZ: "I will recommend that the city Commission hold a first (transmittal) public hearing and transmit to the Department of Community Affairs the proposed large scale comprehensive plan amendment (LG- 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-CP A-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, further request the DCA to expedite its review since and ORC Report has been issued previously and a response to the ORC Report has been made and finally to hold a second public hearing, after receiving and reviewing any additional ORC Report, to adopt the plan amendments, Seconded by Board Member Stephens. Discussion. VOTE: Chairperson Rosanne Karr: aye, Board Member Carl Stephens: aye. Board Member BrentGregory: aye. Board Member Tom Brown: aye. Vice-Chairman Bill Fernandez: aye. Motion carried. ATTACHMENTS: A. Local Planning Agency Agenda Item II. G, H, I B. Legal Notice. COMMISSION ACTION: CDD/Novcmbcr 8, 2000/9:29 Nvl - , ATTACHMENT A '.~ CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development DepL Planning Division LOCAL PLANNING AGENCY AGENDA ITEM II. G. II. H. II. I. NEW POLICY 3 IN CONSERVATION ELEMENT LG-CPA-2-98 NEW POLICY 1 IN LAND USE ELEMENT LG-CP A-3-98 NEW POLICY 4 IN INTERGOV. COORDINATION ELEMENT LG-CPA-4-98 Staff Report APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3211 F.S. which states in part: "Where this act may be in conflict with any other provision or provisions of law relating to local governments having authority to regulate the development of land, the provisions of this act shall govern unless the provisions of this act are met or exceeded by such other provision or provisions of law relating to local government, including land development regulations adopted pursuant to Chapter 125 or Chapter 166. . , ." CONSIDERA TIONS: I. SUMMARY OF APPLICATION APPLICANT: City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 REQUEST: That the Local Planning Agency recommend the City Commission transmit the proposed ,'.; large scale comprehensive plan amendment LG-CP A2-98, LG-CP A-3-98, and LG-CP A-4-98, PURPOSE: Local ~Ianning Agcncy October 25, 2000 The purpose of this request is go through the large scale comprehensive plan amendment I Ncw Policy 3 in Conscrvation Elcmcnt Amcndmcnt Ncw Policy I in Land Usc Elemcnt Amcndmcnt _ Ncw Policy <I in Inlcrgov, Coord, Elcmcnt Amcndmcnl LG-CPA-2-98 LG-CPA-3-98 LG-CP A-<l-9X procedure again with this previously reviewed proposed plan 11ll1endmcnL Due 10 Joshi & Associates as the then Town Center Master Developer not wanting this plan amendment adopted back then, and later, to the need for the City Commission to rescind this proposed large scale plan amendment in response to a DCA letter pointing out a technicality in the interpretation of the "two windows for submission of comprehensive plan amendments. It was advised that this plan amendment again be processed through the large scale comprehensive plan amendment procedure, CONSIDERA TIONS: . The Local Planning Agency reviewed this proposed plan amendment in 1999, . The City Commission adopted LG-CP A-2-98 on May 8, 2000. . Due to concern over procedural requirements, the City Attorney advises that the proposed plan amendment be processed again. FISCAL IMPACT: None. STAFF RECOMMENDATION: City Attorney and City Staff recommends the Local Planning Agency make the following recommendation: 1. That the City Commission hold a first (transmittal) public hearing and transmit to the Department of Community Affairs the proposed large scale comprehensive plan amendment (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."; 9LG-CP A-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. 2. Request the Department of Community Affairs to expedite its review since an ORC Report has been issued previously and a response to the ORC Report has been made. 3. Hold a second public hearing, after receiving and reviewing the ORC Report, to adopt the plan amendment. ATTACHMENTS: A City Commission Agenda Item B (including Local Planning Agency Agenda Item II. C.) Local Planning Agcncy Octobcr 25, 2000 2 Ncw Policy J in Conscrvalion Elelllcnt AlIlcndlllcnl Ncw Policy I in Land Usc Elelllcnt 1\lIlcndnlcnl NclV Polic~' <I in Intcrgo\', Coord, Elclncnt Amcndmcnt LG-CP A-2-9H LG-CP A-J-9l) LG-CPA-4-n COMMISSION AGENDA ITEM B Consent Informa tional Public Hearing X Regular January 10, 2000 Meeting ft---&s M,ir. /~. ept. Authorizati n REQUEST: ) The Community Development Department - Planning Division requests the City Commission hold a second reading of Ordinance 758 to consider adopting three (3) large scale comprehensive plan amendments, LG-CP A-2-98, LG-CP A-3-98, LG-CP A-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 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. 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 of 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 ) CDDll>cccmbcr 29, 19')'J/4: 2U I'M ATTACHMENT A .,;. .IANUAR Y 10,2000 PUBLJC HEARING AGENDA ITEM B Page 2 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. The provisions of I 63.3184(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." ) CONSIDERA TIONS: . The City staff applied to the Florida Communities Trust Preservation 2000 Program (P-2000) in 1998 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 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 LG2CPA-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. (;I)()/Ixccmlx:r 2'). "}'}')/4:20 I'M JANUAI<.Y 10,2000 PUBLlC HEARING AGENDA ITEM B Page 3 . 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. . 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 SIR 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 IMP ACT: 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-CP A-3-98 does in fact have language that indicates "the City shall develop more restrictive language in the land CDI)IT~:<:cl1ll"'r 29,1')')')14:20 I'M JANUAI\Y 10,2000 PUBLIC HEARING AGENDA ITEM B Page 4 development regulations ensuring the protection of historically significant cultural and archaeological sites from development or redevelopf!1ent. . 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. STAFF RECOMMENDA nON TO THE CITY COMMISSION: Staff recommends that the City Commission adopt the three (3) large scale comprehensive plan amendments: LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98, with the following changes: LG-CP A-2-98 Replace the year "1999" with "2000". LG-CP A-3-98 ) Replace the year" 1999" with "2000". LG-CPA-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 ofSJRWMD for Lake Jessup and the City shall involve itself in the process for development of the SWIM Plan or similar plan. IMPLEMENTATION SCHEDULE: The City Commission will hold a second (adoption) public hearing on January 10,2000. The ordinance would take effect immediately upon adoption by the City Commission CODIJ.xc..-rnbcr 2'), 1')')')/'1:20 I'M JANUARY 10,2000 PUBLIC HEARJNG AGENDA ITEM B Page 5 A IT ACHMENTS: A. Ordinance 758 B. City Commission Agenda Item C of the November 9, 1999 meeting. C. Staff Report to the Local Planning Agency on LG-CPA-2-98, LG-CPA-3-98, LG-CP A-4-98. D. ORC Report from DCA dated April 30, 1999. E. Advertisement COMMISSION ACTION: ) .*.i~.. CDI)IOcC<.Tllhcr 29, I ')')')M :20 I'M ) ) - .. . '- - . ORDD\A~Cf NO. i53 A~ ORDHNANCE OF THE CITY OF WI]\ITER SPR.I:NGS, SEMINOLE COUNTI', FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING TaREE (3) LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENTS REFERENCED AS LG- CPA-2-98, LG-CPA-J..98, AND LG-CPA-4-98 WHICH SHALL AMEND THE COMPREHENSIVE PLAN BY ADDING THREE POLICY ST A TEME~TS RELA ~G TO lAl"'1> CONSERVA nON ANn RESOURCE PROTECTION; PROVIDING FOR THE REPEAL OF PRIOR L"lCONSISTENT ORDINANCES AND RESOLuTIONS; PROVIDING FOR SEVERABfLITY; PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE PIA1'l; AND PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAi\[ 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, Florid;l Statutes.. requires e:!.ch municipality in the State of Flc-rida to prepare and ~dopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs; and '''HEREAS, section 163,3167(11), Florida Statutes, encourages local governments to art:cuJate 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 Cit.y Commission of the City of Winter Springs, through a collaborative planning process with meaningfiJI public participation, desires to adopt three new comprehensive plan policies (LG-CP A-2- 98;. LG-CP 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 archaeoJogic,,1 resources; (2) providt: coordination through the resource protec.tions plans of local, state and federal jurisdictions in the development of the Town Center, and (3) provide participation in the development and management practices of any SWIM Plan or similar type government agency plans; and W ffEREAS, the Local Planning Agency of the City of Wimer Springs held a duly noticed public hearing, in acco:dance with the procedures in chapter 16:;, part n, Florida Statutes, on the proposed Comprehensive Plan amendments and con$idered iindings and advice of staff, citizens, and all interested panies submj~ting written and oral comments and has recommended adoption to the" City Conurussion. and WRERE:\S, on November 9. 1990. lilC Cit:. Cormnission of the City of Winter Springs held a ,july noticed pllblic hearing 0n the proposed Comprehensive Plan amendment and considered findings and advic(~ of stail citizens, and all inlcestcd paJ1ic5 subnlJtling wlitten 2.nd oral comments, and aiter complelE: de Ii bera (Jon, a ppro\' (;(1 ! he :::,lllendrnclIt for l fal15!lIi ual to the florida Depar1 men! of Community /\If;tlrs. illle ) ) ,-,- '",-'':' WBE-REAS, on April 30. 1999, the Florida Dt:paftmenr of Community Affairs issued its Objections, Recommendations, and Comments RepoAl to the City and found the subject large scale Comprehensive Pbn amendments consistent with Rule 91-5, Florida Administrative Code, and Chc:pte:- 163, Pan U., 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 Comprr;hensive Plan amendment will not cause the City to exceed its twice yearly submittal allowance for comprehensive plan amendments; and WHEREAS, on January 10,2000, the City Commission of the City of Winter Springs held a duly noticed public adoption hearing on the proposed amendments set forth hereunder and considered findings and advice of stafL citizens, and all interested parties submitting written and oral comments and supporting data and analysis, as well as the Objections, Recommendations, 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 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 boest interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, TffEREFORE, BE IT ORDAINED BY THE CITY COM:M1SSION OF THE CITY OF , WINTER SP.RIl\"GS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: ~tiQn 1. Recitals herein by this reference. The foregoing recitals are true and correct and are fully incorporated Se-ctjon 2, Authority, This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act, sections 16.3.184 and 163.187, Florida Statutes, ~n!Q.ll2, Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct. update, modify and othef\v1Se further the provisions of the City of Winter Springs' Comprehensive Plan, fu:.tli9n 4 AdJoption of Text Amendment to Cornprchcusivc Plan The City of Winter Springs' Comprenensive Plan is hereby amended as follows: A) LG-CPA-~-9S (Conservation Flement). A new Policy 3 IS hereby addeci under Objective C of the Conservation Element as fc.Uov...'s Cil~' of Wlntc. Sprill~~ Ordlll;lnce No 1513 (,I;JlIlI;'fY ; (), :!Ot'lIil P;1'~C :: of 'i . "- "-"-" Policy 3) There shall be no destruction of vegetative communities, wildlife and '.v11dlife 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 shall create a Town Center Resources Protection District that \\till 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 Amendments: Existing Polic)' 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-CP A-3-98 (Land Use Element). A new Policy 1 is hereby added under Objective C, Goal I of the Land Use Element as follows: ) Policy /) Historically significant culturai and archaeological sites shall be protected from development or redevelopment adtvities as detailed in the City Land Development Reb'Ulations. In 2000, the City shall prepare and maintain an inventory ofhist,orically significant sites within its corporate boundaries. The City shaH assure that there shall be no loss of hi,5toric resources on city-owned property In 2000, the City shall develop more re5'rictive language in the Land Development Regulations ensuring the protection of historically significant culturaJ and archaeological sites from development or redevelopment. Conforming Amendments: Existing Policies 1 and 2 shall be redesignated as Policy 2 and 3 n:spectively C) LG-Cl'A-4-98 (IntergovemmentaJ Coordiuation Element). A new Policy 4 is hereby added under Objective C of the Intergovernmental Coordination Element as follows: ) In 2000, the City shaJl develop language:J1 the City's Land Development Regulations ensuring the developmeT'.t of the City's new Town Center shall be coorclinated with all resource proteclion plans of local, ~:tate and federal jurisdictions that Illay exist. The Ciry shall COQrdinate with th~, resource protection effo;iS of SIR \.VjvID for Lake Jessup and the City shal! involve il$clf in r.h~ process for development of the SW[lvI Plan or a similar plan, ('II:. tlf W\/ll(;; S(Jnn~',$ ()r<.!.i/l;JIl((' '!o ':);.; 1.':11\11:1[1' : r" ~t)Oll) P:l~:(: :; oi' :- . :-,i..;; " -... COllforming Al1Ielldl1l-c/l(s: None. llit!!!!L;2. Tr3nsmitl::U to the Department of Community Affairs -The City Manager or his desi.gm-.e is hereby designated to sign a lerter transmitting these adopted Comprehensive Plan A:nendments to the Florida Department of Community Affairs, in accorda.'1ce with section 163.3137(1)(c)(4), Florida Statures, and section 9J-Il, Florida Administrative Code. llitiQIL2. Repeal of Prior Inconsistent Ordinances and Resolutions. AJI prior inconsistent ord1.'1ances and resolutions adopted by the City Commission, or pans of ordinances and resolutions in conflict herewith, are ~ereby repealed to. the extent of the conflict. ~.tiQlll. Severability. [fany section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any coun of competent jurisdiction, whether fer 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. Str~. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Arnenci!-nents adopted by tITs ordinance, said :\.mendments shall be incorporated into th-e 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 eftectuate the foregoing. ) ~~!l2- Effe<:tive Date and Legal Status of the Plan Amendments. The ef~ective date of the: Amendments adopted by this Ordinance shall be a date a final order is issued by the Florida Department of Community Affairs, or the Administration Commission 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. rf a fi:1al order of noncompliance is issued by the Administration Commission, the Amendments may nevertheless be made effecti.ve by adoption of a resolution affirming its effective status. After and from the effective date of these Amendments, the Comprehensive Plan Amendments sel. forth herein.shG.ll amend the City of Winter S?rings 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, 3S amended. ADOPTED by the City Conunission of the City of Winter Springs, Florida, in a regular meeting assembled on the 10th day of January, 2000 .~.~~~ !':lUl P. I-':\IlylL'l, Mayor ) Cit\, (If \\llnter Spn:1?5 Ordl1l3nCc :--:0. 75S (J31\U.lfV }I). ~\1(j(J) PiJl~(; 4 OJ- :> ) ) A TTI::ST. Andrea Lorcnzo-Luacc$, City Clerk AS TO LEGAL FORM AND SUFFICIENCY: Anthony A. Gargnnese, City Attorney Transmittal Hearing: . N~.e{':lber 9 t 9n Adoption HeariX\g: JamklJY 10 2000 (II:: of Winter Srri.I1~.s Ordill<Jncc No ~58 (j:JI1u;;ry 10. .~OI)O) f' :U::C 5 I) r s ) ATTACHMENT B ), ) COMMISSION AGENDA ITEM A Consent In formational Public Hearing X . Regular June 26, 2000 Meeting ;1---- k Mgr. I. ep . Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing on Ordinance 2000-21 to consider rescinding Ordinance 758, adopted on May 8, 2000 establishing three (3) policy statements in the comprehensive plan involving preservation of historic and environmentally sensitive resources. PURPOSE: The purpose of this Agenda Item is to rescind three (3) policy statements adopted on May 8, 2000 and transmitted to the Department of Community Affairs (DCA) on May 9,2000 as a large scale comprehensive plan amendment (DCA #00-2). The Town Center plan amendment (Ord. 2000-10) and the Public Schools Facilities Location plan amendment (Ord. 2000-09) were adopted on a different date on April 24, 2000. Therefore, DCA views the submittal as a second submission even though they were all transmitted on the same date, May 9, 2000, via Federal Express Service. Rescinding Ord. 758 will reopen the second "window" for submission in calendar year 2000. Failure to act will negate the opportunities for a second plan amendment normally filed in August. APPLICABLE LA W AND PUBLIC POLICY: The provisions of 163.3] 84(3)(b) F.S. which states in part: .... ."Local governing bodies shall consolidate all proposed plan amendments into a single submission for each of the two plan amendmcnt adoption dates during the calcndar year pursuant to 163.3187 F.S." ) CJ)J)lJllll~ 2 J. 21J()()f.1:2.1 1'1\1 ) ) ) June 26, 2000 PUBLIC HEARING AGENDA ITEM A Page 2 The provisions of91-11.006(1) F.A.C. which states in part: ". . . .Proposed plan amendments, except those discussed under the exemption provisions of Rule 9J-l1.006( 1 )(a) F.A.C., below, shall be consolidated into a single submission for each of the two plan amendments adoption times during the calendar year. . . ." CONSIDERA TIONS: . The Town Center plan amendment [LG-CPA-I-99; Ord. 2000-10] and the Public Schools Facilities Location [ LG-CP A-4-99; Ord. 2000-09 ] plan amendment were adopted on April 24, 2000. . The City Commission adopted Ordinance 758 involving three (3) policy statements (LG- CPA-2-98, LG-CPA-3-98, LG-CPA-4-98) dealing with land conservation and resource protection on May 8, 2000. . DCA staff was advised that adoption ofOrd. 758 involving three (3) policy statements was delayed until May 8, 2000 and would not be adopted simultaneously with the Town Center plan amendment and the Public Schools Facilities Location plan amendment. · DCA informed the City that all three amendments would be considered as a single submittal package if they were filed with DCA on the same date. · The Town Center plan amendment, Public Schools Facilities Location plan amendment and the three (3) policy statements dealing with land conservation and resource protection were mailed via Federal Express Service on May 9, 2000. · On June 12, 2000, DCA advised in writing that since the amendments were adopted on different dates, the State will view the submittal as two submittals, thereby using the City's second "window" submittal opportunity scheduled for August, 2000. . FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends the Commission hold a public hearing to consider for first reading Ordinance 2000-21 to rescind Ordinancc 758 that adoplcd three (3) policy statemcnts transmittcd as an adopted large scale comprehcnsivc plan amcndment (DCA 1100-2) to thc Florida Dcpartmcnt of Community Affairs. Rescinding this plan amcndment (DCA 1100-2) would reopcn thc second "window" of submission for the year, thus allowing additional plan amcndmcnts to be adoptcd later in calendar ycar 2000. CJ)D/)\Il1c 21. 2000/.1:1.1 I'to..1 .) ./une 26, 2000 PUBLIC HEARING AGENDA ITEM A Page 3 A TIACHMENTS: A Ordinance 2000--21 B. Ordinance 758 C. Letter dated June 8, 2000 to Thomas Grimms, AICP from Charles Gauthier, AlCP, Chief, Bureau of Local Planning, Florida Department of community Affairs. COMMISSION ACTION: ) ":. CDI)/Julle 21, 21l1l0l.1:].I1'~1 :,.- .. Ii.: .;! ~ -. ; .:.. . . ...... ,:).! .:. ~ :.:. J:: ,I:;I} II' .. ; J: ) . ~T^TE OF FlORloti DEPARTMENT OF COMMUNITY AFFAIRS -Dedicated (0 making Florida a bottor place (0 coll17ome" (Jr._ ~ T;~..:.:::'- JaB BUSH Gov. mOl !SlGYEN M. llEJOERT CM:tebry June 8, 2000 Mr. Thomas Orimms, AICP Comprehensive Planning/Zoning Coord. City of Winter Sprihgs 1126 East Stdtc Road 434 Winter Springs, Florida 32708-2799 Dear Mr. Orimms: The Department's records reflect that the City of Winter Springs has submitted two a40pted comprehensive plan amendment packages for the year 2000. The fIrst amendment package: was aqopted. : by Ordinance No. 2000-10 on Aprl124, 2000, and referenced.as DCA# OO-L The second amendmori.t package 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.-ll.OO6{U, Florida Administrative. Code, local governing bodies. shall consolidate all proposed plan amendments into a Single submjssion for each .ofthe two ulan . amendment a.dontion da1e3 during the cal~ndar year. Therefore, by adopting two separate )ackages ondiffer:nt dates tb~ City has e~usted their two adopted ~endmeDt cycles for the ca~~ndar . year 2000. The. CIty may continue to subrrut adopted amendments dunng the calendar year 2000 If the amendments meet.the exemption requirements set forth in Section 163.3187(1), Florida Statutes.and Rule 9J-l1.006(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 SectionI63.3187( I), Florida Statutes. If this is the case, in order to avoid any difficultic:s, 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 . procedural matter. Ifyou.l?e1ieve. that the Department's records are incorrect concernir:lg t.hls issue 9r.you have any questions, please contact Shaw Stiller, at (850) 488-0410. . Sincerely YO,:!fS, ~~~ G~~ Charles R. Gauthier, AICP Chief, B rm::nu of Local PLannin g CRG/rc ) :l~lltl 8H.U.MARO OAK IJOULEVARO : TALL"lt,,-Jllll:l:. rLOKloA ~]:I.0-:l1.o.A .Phon..: 1l~O..-41111.6400/Du"com 216~B~1l1l FAX: BISO.02.1:.0181/SunQom 21l1.0701 1"14,,,.1 .dd'....:. hllp:/lwww.dco..I..t...tl.uA CJ\11lCAI.. .-r AT1l ~ rMl LO Oi' r~ ~ 0.-.-- .."".....,. _71) ~ n.:xxoo-= cx:nl~J~ ~~O<O =~o.k~ T~ n..lJ7.>OO.1tnO . PlO) .".,.:o<"Al ~o..,.,.yyU,.A.)~l'\J'fT = ~Qoo><-~ T" -----.. n. .~(X) ~..,>go..,o .lDI.n1NO" ~ f><IV"l.OOt..U't'T n;.M ~ 0.' 1Uu'-~1 ~. 't~ll00 . (J'YlO;).u... 1'OC.O COI\1MJSSION AGl~NDl\ ITEM C Consent Informational Public Hearing Regular X November 9, 1998 Meeting v ~. 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 Florida Department of Community Affairs for review. .) / PURPOSE: ) I 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 Florida Department of Community Affairs for review. These three (3) text amendments address certain elements in the Florida Communities Trust P-2000 Application 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 plan 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 of local government or government agency in the state th<lt has ftled <I wrillcn request with the governing body for the plan or plan amendmenl." I') ( ) \i I. :....i I '. I . ,. (, !;) I) :--: 1<.E-:(iIJI.i\i( /\(;i.i'!I)^ I"II..M C p-] fie ') (D .- ) The provisions of J 63.3 184( 15)(b) F.S. which state: wThe 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 of9]-I1.006(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 Depanment of Environmental Protection. Proposed plan. amendments, except those discussed under the exemption provisions of Rule 91-11.006(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. n -' 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 staff is proposing to reapply for grant funds under the P-2000 Program to be applied to acC]uisition of lands for public greenspace and trails throughout the Town Center. .' I,-JOVI..:iVIl\l..I< I). Iljl):"; 1<" E G U L 1\ 1\ /\ (j I.. :,J I) /\ I j I. ivl c: PllgC 3 Below are proposed changes 10 the City's Comprehensive Plan 10 <lddress deflciencics in the responses to the Applic<llion Section "Furtherance of Growth M<ln<lgemenl <lnd 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 wilh Kielh McKarren, P-2000 Program staff member, who suggested the language of the proposed policies below (bolded): 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) J ) There shall be no destruction of vegetative communities, wildlife :md 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. IN RESPONSE TO (1)(b)12. OF THE P-2000 APPLICATION: New Policy below to be designated as Policy I under Objective C, Goal I of the Land Use Element. NOTE: Existing Policy 1) re-designated as 2) and existing Policy 2) re-designated as 3) New Policy 1) f IIistoric:-ally signific:-ant cultural :-and :-arch:-aeologic:-al sites sh:-all be protcctcd f,'om dcvelopmcllt or rcdevelopmcnt :-activitics :-as dct:-ailcd in rhe City's L:-and Developmcnt Rcgul:\ t i 0 liS; 13 y 1999, t h c Ci t Y sh:-a II p,.cp:-a I.C :1Il d III a i 111:1 i II :III ill vcn to I)' 0 f his(oJ'ic:llly signifiC:llll sitcs wilhill ilS coq>or:lle uOlIll(l;lrics. The CilY sh:lll :lSSllrc lh:ll Ihcl.c sl1:dl he 110 loss or hislol.ic rCSOIII.CCS Oil city-owlled pl.opcl"ly. I II 1999, I he Cily sh:t11 devclop Illorc rcsll.iclivc 1:lllg\l:lge ill the 1:llld devcloplllClll ).Cgltl:llioIlS r'.J()\lI..j\.'il~!.I.: C) ;'}c):--: IZ[(;UI./\!, /\(;!.;.!I)^ nUV! c: P;lgC II cnsllring the protcction of historic:tlly signirlc:lIIt CIIII II 1.:11 :tnd :ll.ch:lcologic:tl sitcs from dcvclopmcnt or rcdcvclopmcnl. 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 shnll b.e coordinnted with nll resource protection plans oflocal, state :md federnl jurisdictions that may exist. The City shnll coordinate with the resource protection efforts of SJRWMD for Lnke Jessup and the City shall involve itself in the process for development of the SWIM Plnn and e~pend efforts to further purposes nnd mnn:lgement pro:lctices of the SWIM Plan. ) FUNDlNG: No funds required. LOCAL PLANNING AGENCY RECOMMENDATION: 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 Florida Department of Community Affairs for review_ STAFF RECOMMENDATION: Staff recommends the Commission approve the transmittal of the proposed large scale amendments (LG-CPA-2-98, LG-CPA-3-98, LG-CPA-4-98) to the City's Comprehensive Plan to the Florida Department of Community Affairs for review. A1~rACBMENTS: Locnl Planning Agency Agendnllem II. C. (reviewed il( thc LPA Novcmber 4, 1998 mecting) ) ) COMIVIISSION ^crION: ) ATTACHMENT C ) ) .. CITY 0 r- WI NT l: n S P R I N G S, F L 0 Fll 0 ^ 11;>6 EASl S,^1E ROAD 434 WINlER SPRINGS. FLORIDA 32700.2/99 Telephone (407) 327.1000 Community Development PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY AGENDA ITEM II. C. PROPOSED LARGE SCALE COlviPREHENSlVE PLAN AMENDlv1ENTS IN RESPONSE TO THE P-2000 APPLICATION LG-CP A-2-98 LG-CP A-3-98 LG-CPA-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 staffwould 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: (I) 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 Managemenl, and OUldoor n.ecrealion <lncl Opell Space. i\c'luisitioll oCthe project sile will assist the local goverllll1elll ill furthering the local comprehensive pl;lll directives ..-------------------- _.----------_._---_._-'-_.--~-_._-----.. _....._._----._--_._----~--- ) ) RESPONSE: ) ) j set fonh in the objectives ilnd policy SI;llcmenlS cOlllilined inlhe plan elements that provide for conservation, coastal milnagemenl, and OUldoor recreation and open space. When used in this pari, (he term "furlhered" means thilt proposed projects will assist the local government in realizing goals, objectives, or policy directives of the comprehensive plan. For eilch criterion that is furthered by an objeclive or policy of the local comprehensive plan, the objeclive 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 animal 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 sp.ecial 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, threalened or species of speciill concern is undislurbed by conslnlclion . The proposal is to remove the are" around Ihe Mlesian springs and wetlands reLllcd to Howell Creek !'rolll potenli;d devclopment and prcserve Ihe:;c arc;IS in their. 1\;llllr;1I ~;l;llc. The ;\rca encompassing the ,.. springs would be dcsign;Jled conservat ion. The proper! y owner has cxprcsscd and intercst in developing the area for retail commefciill purposes. The City desircs to fInd somc way to purchase these lands 10 hold in public trust. LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LG-CP A-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 :tnd wildlife h:tbitat 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 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 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-LJ.004(LJ)(b)LJ., F.A.C. If a copy of the entire objective or policy that is cited in response to a critcrion is no includcd in the exhibil, that objective or [1olicy will not be evaluatcd as 10 whether it is furthered by that cntenon. ~ ) -; ) ) (12) Does the proposed project rurther comprehensivt: pbn directives thilt ensure the preservation or hiSlorical sites? I f'so, summarize the relevant objectives or policies thilt are runhered. Provide the numeric citiltion or 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 ofTuscawilla 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 (l)(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 I) re-designated as 2) and existing Policy 2) re-designated as 3) New Policy 1) HistoricaJly significant cultural and archaeological sites shall be protected from development or redevelopment activities as detailed in the City's Land Development Regulntions; By 1999, the City shall prepnre nnd mnintain an inventory of historicaJly significant sites within its corpornte 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 rcstrictivc language in the lnnd development regulations ensuring the protection of historically significant cultural and archacological sites from devclopmclit 01' redcvclopmcnt. P-2000 GRANT A PJ> LICf\TION QUESTION/STA'rE:M I~N'r: (1) furtherance ofGrowlh Management and Comprehensive Plan Implemenlillion [Rule 9](- 4.008(J)(il-b), F.AC.) (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 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.AC. 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 plans? 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 Florida Department of Environmental 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 S1. 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 Slormwater retention facility. It is the intention of the City that the Town Center Projecl will meet a higher standard of pollution control due 10 tile efforts ofllle SWIM program 10 cleall Lake Jesup of pollution The CIlY h"s in ils COl11pr<..:hensive I>I"n policies relating to ensllfing the preservation <lnd improvement oflhe Lake Jesup ecosystem, th"l will be funhcred by the proposed Town Cenler project. They <Ire: Policy 3g under Objective A of the Land Use Elemenllhat states: Developments 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 natural functions of the lake shall be established: 1. An upland buffer zone, to be a minimum width of fifty (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. III. No direct discharge of stormwater into the lake shall be permitted, in accordance with criteria established by the SJRWMD. j Policy 3a under Objective A of the Land Use Element 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 u'nder Objective A of the Land Use Element which states: ) l:.nvirol1rncn(;lily :;t;nsitivt; ;IJ'C"S sh;lil be coveJ'eclby ;111 environmenl,,1 easeJ11t;nl which restricts llSCS to passive recreational activities. Tht; environmental casement may be dedicatcd by rlat or by " separate inslrument arproved 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 (l)(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) ) j The development of the City's new Town Center shall be coordinated with nil resource protection plnns 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 Local Planning Agency recommend to the City Commission approval of the. proposed large scale comprehensive plan amendments LG-CP A-2-98, LG-CP A-3-98, LG-CP A-4-98 (three proposed policies) and transmittal to the Florida Department of Community Affairs for review. .~:.;: ) ) ) ) ) J ).<.~~X:'~~~'t; ;. '. L \ 1,.1': I,., .1. ~~;.};.+; (I :'~J./ ,,\,n. ~~' - <f~?~- ~ 1 ^ 1 ( 0 r r I 0 l( I () 1\ o E P A r~ T MEN T 0 F COM M U NIT Y A r- r- A I r~ s "Helping Floridians creale safe, vivrClnr, 5U51Clin,lvle commllnilies. IEO UUSH Governor S1(V(N M. SElU(Rl S~(,c..') 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: 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 91-5, Florida Administrative Code (F.A.C.), Chapter ]63, 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 languag.e for protection will be written into the City's LDRs. Comment: The policy can be strengthened by including in the policy, more direction for thclanguage to be writtcn into the LDRs that will ensure protection of significant cultural and archaeological siles from development or redevelopment. 2 5 5 5 S H 1I "I ,\ I( () 0" f.: II 0 U I [ V ^ I( I) . 1 ^ I l ^ II ^ S S ( r. r I 0 V. I I) ^ )'/) ') ') . 2 I U 0 ,. 10 n " l~: (II ~ (J I 4 II /1 . II ., (, (./ :', " " c () '" 1 l {l . II .\ (, (, r ^ X: I {l ~ 0 I ') ] I .0 7 (l I / ~ " " ( () n, ]') I . 0 l {l I 11\ II" f II ': I :\ II tl "" \.. Il111J ./1..... ,.~ w. \ 1 .lle. f I. lJ..1 (I' II'.) i i I II()kIOA "l't'\ ^'t'~ 0' (...:('..1 ~I."" ("..(l.... I..':" ()II., " II?'.. O.....,l"J, ":,:1'_.)/. .....:.. .'I! ,.\.)..)II.f.... 'In.:''. ) lO'.H :.'.'.' Ctlj" "'.' ...."r '..'.. ul(""(11 \'jOf (.....tr...;~~< c..'Il/r .'1) ~ I . '.' .. \,' ." :0"" ~ 'J ~ '.. I':. i' ,':,,_. I I". ..:. ~:c. :.', : '. . I ATTACHMENT D ) ) The Honorable Pal/II' i>arlyb April 30, 1999 Page Two CONSERV A TION ELEMENT: LG-CPA-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-11.01O, 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-] 1.011, 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 expeditt the regional planning council's review of the amendment, and ." pursuant to Rule 9J-11.0] 1(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 P;llll 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 I, 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. 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 p'rinciples 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 1999. 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. ;:~ef Iy. j) J mes D. Stansbury Community Program Administralor JOS/jg ) cc: Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordillalor Ms. Sanclril Glenn, Executive Director, East Central Florida RPe V.' IS t CellI ((I ( H,I,-itln lEGIONAL PLANNING COUNCIl I (. , \ .'. I ~, 'I' . . \' .J .... ..(' 1\ ~.. "- /\ \ // ~) /' W If [& ~ n ~~?'-,-\l E'-'--" ,/,),/ --.... " , ~ I'''', : . J" :;-, 1 ,.., . .I... 0' . , _. r:?;'..~ ~.'~.:--:- . __ PU~'; PRO:'.';.". . " , __._J.~.:..:,:.!,::.~': . ".. i:Hi Chairman lorry Wholey Clerk of Courls Osceola County MEMORANDUM DATE: Monday, March 15, 1999 Vice Chairman Evelyn Smllh Mayor City of Eustis TO: D, Ray Eubanks, FDCA, Planning Manager James Stansbury, FDCA, Community Program Administrator FROM: Jenifer Domerchie Planner Secretory- Treasurer Corale Barlce Governor's Appointee Seminole'County SUBJECT: Comprehensive Plan AmendmentJi)) LOCAL GOVERNMENT: Winter Sprin~ DCA AMENDMENT #: 99-1 Serving BT-eL~rd, Lake, Orange, Osceola, Sem il10le and Volusia 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 Easl Central Florida Regional Planning Council's current contract with the Florida Department of Community Affairs for Plan and Plan Amendment Reviews. Execullve Director. Sandra S. Glenn .J We have not identified any significant and adverse effects on regional resources or facilities, nor have any extrajurisdictionaJ impacts been identified that would adversely ef~ect the ability of neighboring jurisdictions to implement their comprehensive plans. Growing Smarler 1bJUltgh 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 )'ou should have any questions, please contact' me at SunCom 334-1075 x334. Thank you. 1011 Wymore Rood Suile 105 WlOler Pork. Florida 32789-1797 c: Local Governmenl Contacl: Mr. Thomas Grimms, AlCP File Phone 1107.623,1075 Fox 407.623. 10M Suncorn JJI1. 1075 Suncorn Fox JJI1.IQEJI1 ~rs. ~J :"'Q ~~~ ~;??{ft 'ff!,~'& ~y.~L- ~/Y"~~" ;.~M .-'..fT'",.!:.... "',,;;'7 \ :,;...,:H ; :<:?.B (II)Oil: CC 1'l"lC.OI9 "1111:(:(: ()tl 1I;.f;'/(:lr:r: ~ )CC J(,"' 5151 Adanson Street Orlando, Florida 32804 Telephone: (407) 623-1085 "'~~;~'~~~11 .:::=:::, :~~ Ftoyida ]Jej)artment of Transj)ortatioll <~ y "y. ,/ TIIO:o.I.\5 F.llARHY.JH. SECrtETAll.Y JEO OUSH GOVERNOll. April 6, 1999 r~~-~:"" /' .~_. 1:.1/_ .-,/ I - 1 J -'-.-' , . / . :: J I -'--::. ~::. . ;... '! 1;:;1 /;:"1:- ' I ~, '-. i ,-::-'r( 8' !! ' L ..-: --'-.:;': ':~". . r. I;"'" : . . . ----.,.:..:.:.:~:.:-. .: -:..' .' 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: ) 1 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 Plarming Supervisor copy to: Thomas Grimms, Winter Springs Planning Dept. Bob Romig, FDOT Policy Planning a:wtrspcp.cOv \NW\N. (J ul :~L<lt c. f I.u~ o "t:c,(:.~u ;.....P(:l ""::;;-'(:!wz.:--< ,. -\' I..')"'\' . 1 .,:.:'.~' ....... , (~, 0' .,'" f'" f'~:'" /) ~\Zij<;'t~,.~,. : .oRroJ\ :.',:,!','...... .. . - -..,.,-- ........._~'\.... .. - ~ DcpClrlrncnlof Environmental Protection Jcb Bu~h Govcrnor Dlvid B. Svuln Sc(rct......ry April 20, 1999 Mr. Ray Eubanks Plan Review and Process Team Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee. Florida 32399-2100 ~ y~ ----- ~ .....-..-.. ,.., .. ! ~\ l .i~:: . \ l~ r:;;-;-',' b3 \ . Hi'~..: ~:S? PL"N r:lG;:fS5iN~ IfY.: RE: City of Winter Springs, 99-1 Dear Mr. Eubanks: The Office oflntergovemmental Programs has reviewed the proposed amendment under the procedures of Chapter 163, Florida Statutes, and Chapters 9J-5 and 9J-11, ) 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 ofIntergovemrnental Programs Me! j "/'rO(Cer. (OIl\Cf\'C 0111/ tvIO/lOl:'- Flolido'~ [....jrOIlIIlCII( OIlJ IVO:lJfUI H:,\:J:JICc..... /'....::.: 0" ,(("/cle oJ ;;C;'(' t) i '- . ,~. I ( , .~ i I ( );~ II J.'. I' I r.\ I; ; :.\ J :. : (" :., 1'. I I, '.11 .'~lJ11 U (JI III) II (IltJI).\ ('^llr~~:-: March 4, 1999 :..-.. ':..v.hl ..I'..1.o#J:,.....-:, I",,,,,, v, II", I...." .n.1 I.....,................" 1 fl'" J.._-.,: ^.I,,,l~),, a,io.. Cu.run.,,,,'r... II(W~I. Lo,..J .,.,J ~J'l.u ^'Jr-J<HO.y (o~ ~Ili.n, lkw.-;: {A...ll~OO 01 (\..on.J r~ o..-pu\rr\c.n. 01 R..r-o.C'~ o.rp.,bnC7l1 01 1-._ [nJor(c::-~r rx......\J7\al1 ol Jl.iV"....y s...Jrry ~ ~~. V~"'= Oc-p1lJ\lnU\1 01 Vc:.~~ All"':':::' c~!".... "t ,:_ ~"""l'fY , ~",:-,.......c>II"'.f'~.I"lh...JII.I."f'"'' ~ ,',-"ie.."" 0' Urc 1~n.. -u~ of (O'J>OI~II(ftU ":0" 0' (uh",.1 AlI.in 1;on 0' Hi,lo~1 R~,f'... LA....u.;CW' 0' Lilor...ry .nd InJo'HrvlJon ~,...."o Di....l.>ion 0' LiC't"n.Ji.nS Di."uton 01 ^d.min&.JlJ~li""f Sc..rvi(u Mr. Ray Eubanks Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 I -.......J Re: Historic Preservation Review of the City of Winter Springs (99-1) Comprehensive Plan Amendment Request Dear Mr. Eubanks: J According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and Chapter 91-5, 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 Elements of the Winter Springs Comprehensive Plan to consider the potential effects of these actions on historic resources. \Vhile the text amendments for the Conservation Element and the Intergovernmental Elements should have no adverse effect on histo'ric resources, the Land .Use amendment addressing the protection of historical resources should have a positive effect. The te>..1 indicates that the city will prepare and maintain an inventory of significant historic sites. Does that mean tha.t 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 survey to detennine 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, ) / i\.A. CI,1)' Iluildi,,!,. . ~;oo ~()ulh iironoul;" Slreel . T,lll.lh.1SSlT. F1orid.~ 3L)'f).02.S0 . r.:lp:/ /\'I\V\V.nherit:J~e,(o:~ " (] IJul:<1u,":. C)ffl('l' (J /\f(!,.\l"(>loJ;;c.-d 1~\:::':;ll(h [)-}'l.:.loric PIl'J,:~v.ll;Ol\ 0 Hi:.loric.') "'\J~t~\If~ (SJJ)":Ii:~.f :.'j() . r:\:..: ':~~"').;'-l.' (.<:.:,O)~:-:;'~]'}') . F,\X:':1'1.11~!J (~_:...J) ;,;",.]))) ~ ;.\:-: '/~2.01fj~ (8~).:~.2rl'-:e.; . FAX. ?~I"~.,)J (J J I", :f}: if I',,;, ..1" ,I.. "'." .', ....1111)1' 1111,1:, I :'j 1'.dtl.,..I~':',l-.r1 J("J:i"I\,.! ():llC" rl ~:t '\lIi:I:.,tl:~': I\t:~..ion~'~ ():!;(l. . <, . .' r) T~~f11:),' P.t-;~.iof\....1 ()!:Ir,' Jt ) Ms. Eubanks March '1, I 999 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 plarming ph"ases of proposed land use changes) the state of Florida's requirements as promulgated in sections 163.3177 and . 163.31781 F.S., and Chapter 91-51 F.A.C.~ regarding the identification of known historical resources within their specified area of jurisdiction, and for the establislunent 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, c1~ a. ;!uJ~'''l'~ George W. Percy, Director Division of Historical Resources posr OFFICE lJOX1/]:?9 P^L^TI<^. FLOnID^ 321'10.1"29 lElC"IIOtl( 904.):>,...:..00 '.OOO.4~1.110(' SUNCOt...4 ?Q4.0f.,O...:,oo 100 ')()4.:r;,.U:"o 100 $UNCO'.A 8W.44:'O ,. ^->. (( '(,(1.11"'0) )1?411~ (l tl)~I) )7?44e~ (Po'~I1;,,?) J'19.4)1~ (^dml\hl';)I~rv'r~,)"'Co) J79.4:.oe HJ\V1CE CE",EnS p[r'U..Gn'''G: )0) E ul 0."". U.,Iboum_, f"\oIida ))')().f ..01.'&.....9..0 I.DOO-19~3'&.. 100 "Ol.'77.~U ;) L!i .~.J(:jj~Jj ~\j;;;J-l;.;.i i~c"(''-' <7:1 @~..." \::);1 ......::...;., ,-,/ ).' .y , -"0~;;J ft:>Y-B.~ f ~ ~~~WATER ,-MANAGEMENT ~DlSTRICT ~18 L s,0V'Ch ~lhfl OI.&I'(JO. Hotl.O~ )1&01 401.491.4)0() l.en.2J1.It.~ 100 "OJ,O')l.~')U) nn o..,yrTMIaOoW'1o WJy sv:,. 101 J)(Io)orMDe. J"loMa lV)6 ;.o...ll0.t.Jl0 l.e()().on.I~6) 100904''''8,'''00 April 12, 1999 \~ ~\f --- \)~ 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: I ,.....y I ",,'" I '..1..1.",.. I ),'n( "" J""" II V/I'''I". ^.....:.I.'\..' I. ...<..I1t..... f)".(IC,J' or E "^ Tl()o '5: , I)) N. w<.V\.wn OO.d a.A.~.. J"'\oooi.(). :l")~'1(n olOl.}n.)I00 TOO "01')~J.)101 m [~~:n!~11~.!t ....:--. --- r'-=::; . ,. Pi:";'; r;.:'~:...:[!::.::;..::. ;: --=--- SJRWMD planning staff has reviewed the amendments adding new policies to the Future Land U~, Element (R.,UE), 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 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 reconunends that the policy addition to the intergovernmental Coordination remove the reference the Surface Water Improvement and Management (SWIIV1) program. The Lake Jesup Restoration And Management Project was initiated by the Lake Jesup Act of 1994 and is not a SW.llv1 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 pf0tection 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 PJ2....I1.'.: The City is encouraged to continue to seck funding for the acquisition of the natural resourcc- related lands associated with the Town Center Area. The City is also encouraged to coordinate. its efforts with the SJRWMD as this arca is shown as potential acquisition on the SJRWMD Five- Year L.ancl Acquisition Plan map. The cont:lct :l( SJRWMD for land aCCJuisition is Ray ) BuntOI' ;~', (90'I)J29-ti33S. n.10 110.1('1. (1I41I1UA,1f Kalil, CIlinoy. VIU (II.IIIUP' "01111 v( IJllt .I.lIl1e... I. ~)...I:tnll. I~( A~un(ll '.. I r Il... "!III', .d ...C It .. lilt..", I.t. :~(JIJ ;..1 C fJ( O. <:oIl~11I\ '\. G'OfJl\O J.llllC". II '-'JIII,.'lI:l'" U ,,1, .":1 VIIlO~(~(I' ot .:.. QII') U~~Ofl. ~((:;:.lIf ~ I . v(.v'" I P.: P;11rici.1 I. IIJIc..:cn r, CO 1<J Ill.~ h C ~ \..:.: 0110 n.. r :0'.. I; .C:": Also. the City's (hi:: ::nd :lnalysis rcfers to implcmcnl;i1ioll of :In ";IIC;IWidc ~;lornl\'l;llcr rctentiOIl f;1cilily" :l.~ pari of the Town Center /\rea project to prevent pollut:lnts from cnlcring Lake Jesup. Thc City Jl).:y wanl \0 investigate applying for stormwater cost-sh:Hr. funding thai maybe available for FY 1999-2000 as it has in Ihe pasl for Olhcr projects. Further, the City may want 10 coordinate this proposaJ with the Lake Jcsup Restoration and Management Projecl. The contact at SJRWMD for the Lake Jcsup project is Regina Lovings (904)329-4819. We look forward to continuing to working with the Ciry concerning its future planning efforts. If you have any queslions 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)~.s~ Margarel Spontak, Director Office of Policy and Planning xc: Jeff Griswold, DCA (By FAX) Nancy Chrislman, SJRWMD Ray BunIon, SJRV{MD Marlane Caslellanos, DEP Thomas Grirnrns, Winter Springs Regina Lovings, SJRWMD Sandra Glenn, ECFRPC ) 2 ) ATTACHMENT E ) NOTICE OF TEXT CHANGE TO THE COMPREHENSIVE PLAN CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS Wll.L HOLD A THIRD (ADOPTION) PUBLIC HEARING ON THREE (3) PROPOSED LARGE SCALE COlviPREHENSIVE PLAN A1v1ENDMENTS TO ADD TEXT TO THE LAND USE ELEMENT AND TIIE CONSERVATION ELEMENT AND INTERGOVERN1v1ENT AL COORDINATION ELEMENT. THESE PROPOSED AMENDl\1ENTS SEEK TO: FURTIIER ENSURE NO DESTRUCTION OF VEGETATION AND WILDLIFE, LOSS OF SIGNIF1CANT CULTURAL AND ARCHAEOLOGICAL RESOURCES ON CITY- OWNED PROPERTY, AND THAT THE CITY WILL COORDINATE WITH TIIE RESOURCE PROTECTION PLANS OF LOCAL, STATE AND FEDERAL JURISDICTIONS I IN TIIE PROPOSED TOWN CENTER DISTRICT. A PUBLIC HEARING ON THE PROPOSED TJARGE SCALE COMPREHENSIVE PLAN A1v1ENDMENTS WILL BE HELD ON MA Y 8, 2000 AT 6:30 P.M. ) TIllS PUBLIC HEARING WILL TAKE PLACE AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS MAY ATTEND AND BE HEARD. ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY BE OBTAINED FROM THOMAS GRIMMS, AICP AT THE COMMUNITY DEVELOPMENT DEPARTIv1ENT - PLANNING DIVISION. FOR MORE INFORMATION CALL (407) 327-1800 # 303. PERSONS WI1H DISABILITIES NEEDING ASSISTANCE TO PARTIClPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS COORDINATOR, 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800 # 236. THJS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY RECOMMENDATION/DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATIER CONSIDERED AT THIS MEETING, YOU Wll.L NEED A RECORD OF THE PROCEEDINGS, AND, FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT ^ VERBATIM RECORD OF TI-]E ) ) PROCEEDlNGS IS MADE UPON WHICH TI-JE APPEAL IS TO BE BASED. ANDREA LORENZO-LUACES CITY CLERK ) ) ATTACHMENT B ., i,:'~' .... D8 O.rJ"~' "'",.1 1,..,;;..> "~ ~l ~ SATURDAY. 0C19[JEH 14,2:_001,_ _ ... '.~ '\. ~. .-... ',.' ::.' ~. .. oi'I,t, . I, \ . ',. . . " . . .; . ,.;; ":1 I, .1 ".,"'t ., , .;, '. ,~ NQTl9E IS HEREBY GIVEN THAT THE LOCAL PLAN- , .' :'! NINGAGENCY OFTHE CITY OF WINTER SPRINGS WILL .r HOLDA PUBLIC 'HEARlNG ON A LARGE SCALE COM- :~ PREHENSIVE PLAN AMENDMENT PROPOSAL TO ADD '.: TEXT TO THE LAND USE ELEMENT AND THE CONSER- , VATION ELEMENT AND INTERGOVERNMENTAL COOR- : DINATION ELEMENT. THESE PROPOSED AMEND- MENTS SEEK TO: FURHTER ENSURE NO DESTRUC- 1 ' TION OF VEGETATION AND WILDLIFE, LOSS OF SIG- , .. NIF~CANT CULTURAL AND ARCHEOLOGICAL ,: R,ESOURC~S ON CITy~OWNEDPROPERTY, AND THAT . T1ffi CIT'('WILL(:QORDINATE WITH mE REsbuRCE i~:PROTECTION'PL:ANS'OF LOCAL, STATE,AND FEDERAL .,JURISDICTIONS~IN THE NEW TOWN CENTER DISTRICT. " - .." ". ,Il t:,f:. .'. . A; pDBLICItEAJuNG ON THE PROPOSED LARGE SCALE . . .'. " " ."..f'.. ,COMPREHENSIVE'PLAN AMENDMENT BY THE LOCAL ,7 .. PLA~IN9 :'AGENCY WILL BE HELD ON OCTOBER 25, 2000~:AT.'7:00 P.M. A FIRST (TRANSMIITAL) PUBLIC ,HEiiUNd ON THIS LARGE SCALE AMENDMENT PRO- p6s~ WILL BE HELD BY THE crry COMMISSION' ON NOVEMBER i3, 2000 AT 6:30 P.M. THESE PUBLIC HEARINGS WILL TAKE, PLACE AT CITY .' , HALL, i.126 EAST STATE ROAD 434, WINTER SPRlNGS, . , ' FLORIDA. INTERESTED ,PERSONS MAY AITEND AND BE HEARD. ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY BE OBTAINED FROM THE CITY CLERK'S OFFICE AT i 126 EAST STATE ROAD 434, WIN- TE~ SPRlNGS"FLORIDA. FOR MORE INFORMATION CALL(407) 327~i800 #227, ~ PERSONS WITH DISABILITIES NEEDING ASSISTANCE . TO. ,PART,ICIPATE .IN ANY OF THESE PROCEEDINGS . , . -'. . ., ~. . . I , SHOULD"~:,CONTACT THE EMPLOYEE RELATIONS ,:;' ,DEPARTMENTCOORDINATOR., 48 HOURS IN ADVANCE ' ::~ OF THE MEETING;.T (407) 327-i800 #236, .~? '., .': ";.J. , .: ~, . TH~$ IS' A PUBLIC HEARING. IF YOU DECIDE TO ~~; ::AP~EALANY ~COMMENDATION/DECISION MADE BY :'j . 'THE'~'LOCAL PLANNING AGENCY OR CITY COMMIS- fl. . . .:. "SIONWITH RESPECT TO ANY MAITERCONSIDEREDAT "~,'THIS MEETING,'yOU WILL NEED A RECORD OF THE ~' >PROCEEDINGS, AND, FOR SUCH PURPOSES, YOU MAY : NEED TO ENSURE THAT A VERBATIM RECORD OF THE ,', "'PROCEEDiNGS IS MADE UPON WHICH THE APPEAL is o. 'Tom: BASED.' <t _." /' J . -r , . " .,.( )~~ ;. ["~~bHr.A LORF.~ -LUACE$ .". " Cl1l' CLERK ~ ~ .. J . \ ~.