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HomeMy WebLinkAbout2001 05 29 Regular A NEW EAR Based Amendments COMMISSION AGENDA ITEM A CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X May 29,2001 Meeting REQUEST: The Community Development Department requests authorization for a supplemental appropriation of $46,310 from the General Fund to complete the EAR Based Amendments for the City of Winter Springs Comprehensive Plan. PURPOSE: The purpose of this Board item is to request authorization to enter into a contract with a consultant firm, Land Design Innovations, Inc., to complete the EAR Based Amendments to the Comprehensive Plan. CONSIDERA TIONS: The Comprehensive Plan is the guiding document that identifies the future development patterns in the City and the services that will be necessary to meet the demands of future growth. The City's Comprehensive Plan was adopted in 1992 and was based primarily on data available as of 1990. The City is required by State Statutes to prepare an evaluation of the Comprehensive Plan and update the Comprehensive Plan with current data every seven years. The City successfully completed the evaluation of the Comprehensive Plan and the evaluation was determined sufficient by the Florida Department of Community Affairs. The City originally had until September 26, 2000 to complete the update of the entire Comprehensive Plan, which afforded the Comprehensive Planning Coordinator 18 months to complete the task. The only Element of the Comprehensive Plan that has been currently updated is the Traffic Circulation Element which was prepared by CPH Engineering, Inc. The Comprehensive Planning Coordinator requested a six (6) month extension until March 26, 2001 from the State to complete the amendments; the request was granted by the State. Since the Comprehensive Planning Coordinator left the City on March 26, 2001, the Community Development Director reviewed the situation and immediately requested another six (6) month extension from the State to complete the EAR Based Amendments. The State, in a letter dated May 4, 2001, extended the deadline until September 26, 200 I. The State has no authority to issue additional extensions. If the Comprehensive Plan updates are not completed by May 29, 2001 Regular Agenda Item A Page 2 September 26, 2001, the State will no longer allow the City to process large. scale amendments. The Evaluation and Appraisal Report of the Comprehensive Plan identified that the entire document was poorly written and should be completely re-written as part of the EAR Based Amendments. This is an enonnous undertaking and normally requires the full 18 months to complete the tasks when the Community Development Department is appropriately staffed. The effort requires an entire re-write of the Future Land Use, Housing, Intergovernmental Coordination, Potable Water, Sanitary Sewer, Drainage, Solid Waste, Recreation, Aquifer Recharge, Capital Improvements and Conservation elements. Additionally, the Traffic Circulation Element must be updated as a Transportation Element to meet revised State regulations. To review the complete scope of work, please refer to Land Design Innovations' proposal in Attachment E. With the recent loss of both the Comprehensive Planning Coordinator and the Development Review Coordinator within the Community Development Department, the Department does not have the resources to prepare a quality product and complete the extensive amount of work that must be accomplished by September 26, 2001 to complete the EAR Based Amendments in-house. FUNDING: A supplemental appropriation of $46,310 from the General Fund is required. The General Fund balance is sufficient to the cover project. RECOMMENDATION: It is recommended that the supplemental appropriation be approved. IMFLEMENTATION SCHEDULE: The consultant was requested to provide a schedule for completion of the EAR Based Amendments which is included in their attached proposal for your review. Please note that although the State deadline is September 26, 2001, the work must be done by the end of August to have time for LP A and City Commission public hearings prior to transmittal of the document to the State. Therefore, it is anticipated that the EAR Based Amendments will be approved for transmittal at the September 24, 2001 Commission agenda. The amendments will be bmught back to the City Commission for adoption after review by the State. ATTACHMENTS: Letter to Mr. Ron McLemore dated May 10,2001 with the following attachments: A. The limited proposed EAR Based Amendments that were completed by the previous Comprehensive Planning Coordinator. May 29,2001 Regular Agenda Item A Page 3 C. A letter from the Florida Department of Community Affairs dated May 4,2001 granting the last six (6) month extension. D. A letter to the Florida Department of Community Affairs dated May 1, 2001 requesting an extension to complete the EAR Based Amendments. E. The proposal from Land Design Innovations, Inc. to complete the EAR Based Amendments to the Comprehensive Plan. COMMISSION ACTION: CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 May 10,2001 Mr. Ron McLemore City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 Re: EAR Based Amendments Dear Ron: It was recently brought to my attention that we have a very urgent situation regarding the Comprehensive Plan. The Department of Community Affairs requires that all municipalities prepare an evaluation of their Comprehensive Plans every seven years. The evaluation is termed an Evaluation and Appraisal Report (EAR). Subsequently, there is a second phase and the State Statutes require that the municipalities update all of the data and analysis and goals, objectives and policies based upon the recommendations contained in the evaluation within 18 months of the EAR being found sufficient by the DCA. You may recall that Winter Springs prepared and adopted their EAR in ] 998. The EAR was found sufficient on March 26, 1999. The City had 18 months or until September 26, 2000 to revise the Comprehensive Plan and submit the EAR Based Amendments to the DCA for approval. At that time the Winter Springs Comprehensive Planning Coordinator was notified by the DCA that the EAR Based Amendments were due. The Comprehensive Planning Coordinator requested a six (6) month extension to submit the EAR Based Amendments, which may be granted by the DCA per State Statutes. The extension was granted by the DCA and the EAR Based Amendments were then due on March 26, 2001. Subsequently, I filed for a second six (6) month extension. The DCA at first rejected the request and subsequently granted it after some modifications were made to relate the extension request to transportation coordination. Therefore, the current deadline for the EAR Based Amendments has been extended again to September 26, 2001. This is the final extension that can be granted according to State Statutes. If we are unable to meet the deadline, the penalty imposed by the State is to restrict any further land use amendments until the EAR Based Amendments are submitted. Therefore, we would not be able to complete our second cycle of amendments this year, which includes Oviedo Marketplace, the Minter property, the Plante property, Nursery Road and other large scale amendments. The previous Comprehensive Planning Coordinator was contacted to determine if work had been completed for the EAR Based Amendments. The one page that has been completed is attached for your review. This is a very labor intensive project. I would like to have the new Community Planner that we are proposing to hire work on the project, Ernest McDonald. However, by the time he starts, it will be too late to meet the deadlines. It is imperative that work commence immediately since the quality of the effort may and probably will be jeopardized by the short time period. Therefore, I have asked Land Design Innovations (LDI) to provide a proposal to complete the elements of the EAR Based Amendments and a schedule for your review. The total not to exceed estimate is $46,310.00 Sincerely, c- C:r-^ Charles C. Carrington, AICP Community Development Director Cc: Anthony Garganese Attachments: A. Proposed EAR Based Amendments B. Letter from City Attorney dated May 8,2001 C. Letter from DCA dated May 4, 2001 D. Letter to DCA from Charles Carrington dated May 1, 2001 E. Draft Proposal from Land Design Innovations, Inc. ATTACHMENT A PROPOSED EAR - BASED AMENDMENTS THE FOLLOWING ARE RESPONSES TO THE EVALUATION AND APPRAISAL REPORT DATED SEPTEMBER, 1998. V. PROBLEMS AND OPPORTUNITIES A. INTERGOVERNMENTAL COORDINATION ELEMENT Problem: Delay in production of Regional Plan An interim Strategic Regional Policy Plan was distributed in October, 1997. The delay in distribution of this plan has the effect of reducing the effectiveness of the regional plan in the planning process. The East Central Florida Strategic Regional Policy Plan was approved by the state and adopted by the East Central Florida Regional Planning Council in 1999. Opportunity: LYNX expands regional transit network. The economic integration of the Orlando metropolitan area is greatly enhanced by the operation ofL YNX as a regional transit system. Winter Springs may want to pursue this opportunity in the future. Access to mass transit may assist the low and moderate income members of the community to more easily access the employment centers near Orlando. ATTACHMENTB "rF'" .. BROWN, WARD, SALZMAN & WEISS, P.A. ATTORNEYS AT LAW Usher L. Brown · John H. Ward · Gary S. Salzmano Jeffrey S. Weiss Suzanne 0' Agresta Anthony A. GarganeseO Scott D. Danahy Alfred Truesdell Arthur R. "Randy" Brown, Jr. Brett A. Marlowe Jeffrey P. Buak . Kristine R.. Kutz Joseph G. Colombo Joanne Reed Two Landmark Center 225 East Robinson Street, Suite 660 Post Office Box 2873 Orlando, FL 32802-2873 (407) 425-9566 (407) 425-9596 FAX Website: www.orlandolaw.net agarganese{cUorlando law .net Cocoa, FL (866) 425-9566 · Board Certified Civil Trial Lawyer .. o Board Certified Business Litigation Lawyer a Board Certified City, County & Local Government Law May 8,2001 Mr. Ronald McLemore, City Manager City of Winter Springs 1126 East S. R. 434 Winter Springs, FL 32708 Re: City of Winter Springs EAR-Based Comprehensive Plan Amendments Dear Ron: I am in receipt of the May 4, 2001 letter "from the Department of Community Affairs ("DCA") to Charles Carrington. The Department of Community Affairs has granted the City of Winter Springs a six-month extension of time to adopt its EAR ("Evaluation and Appraisal Report")- Based Comprehensive Plan Amendments. The amendments are now required to be adopted by September 26, 2001. You should be aware that it was through Tracy Crowe's diligence that she determined that the time period to adopt the EAR-Based amendments had expired in March of this year. Upon learning of this surprising fact, she immediately took appropriate action by requesting an extension oftime. Had she not taken such action, DCA may have prohibited future amendments to the City's Comprehensive PiarrXiittil such time as the City completed the EAR-Based amendments. Mr. Ronald McLemore, City Manager City of Winter Springs May 9,2001 Page 2 - According to Ms. Crowe, when the City adopted its EAR in 1998, the City advised DCA that the City's entire Comprehensive Plan is poorly drafted and should be rewritten during the EAR- Based Comprehensive Plan amendment process. Based on my involvement with certain portions of the Comprehensive Plan, I would generally concur with that assessment. This task is a tremendous undertaking and requires thorough and perceptive planning analysis. Except for the new transportation element adopted by the City Commission last month, it appears the City has taken no steps. to complete the EAR-Based amendments. Therefore, I would . highly recommend that the City contract witJ:la private c~:msu!tant to update the City's entire Comprehensive Plan Because of the importance of the Comprehensive Plan, I would like to discuss this matter with you in more detail. The EAR-Based amendments present an opportunity for the City to correct some glaring shortcomings and weaknesses in the City's Comprehensive Plan without having to comply with the two cycle amendment limitation under Chapter 163, Florida Statutes. Anthony A. Garganese City Attorney cc: Ms. Tracy Crowe F:\DOCS\City of Winter Springs\GeneraI\Correspondence\McLemoreO l5.kj ATTACHMENT C ~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IEB BUSH Governor "Dedicated to making Florida a better place to ~I home" " ~C' ~/" STEVEN M. SEIBERT . ~~ Secretary ..,.... ..~~, . i . r - , May 4, 2001 Mr. Charles C. Carrington, AICP Community Development Director City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 CI'l).. Co 0"" fllr~ (; t.v, tv filly r~fY Oev oS"" elo fYirv Pm Gs el)t .~ / r:,o' ,I.: RE: MPO EAR-based Amendment Extension Dear Mr. Carrington: This is in response to your letter dated May 1, 2001, requesting a six month extension and an additional extension to achieve greater coordination between transportation and land use planning for the adoption of the Evaluation and Appraisal Report (EAR) based amendments to the City of Winter Springs Comprehensive Plan. The Department may grant a six month extension for the adoption of the Evaluation and Appraisal Report based amendments and an additional extension to achieve greater coordination between transportation and land use planning, if the request is justified by good and sufficient cause pursuant to Section 163.3191 (10), Florida Statutes. The Department has reviewed your request and accepts the reasons as sufficient cause and grants the City of Winter Springs the extensions. Please submit the adopted amendments to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team by September 26, 2001. If you have any questions concerning this matter, please do not hesitate to contact James Stansbury, Community Program Administrator, at (850) 487-4545. Sincerely, c ~ ~') ~ Charles Gauthier, AICP Chief, Bureau of Local Planning cc: Sandra Glenn, Executive Director East Central Florida Regional Planning Council 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE CO.\I.\IUNITY PLANNING E.\IERGENCY MANAGEMENT HOUSING & CO,\\,\\UNITY DEVELOP~IENl 2796 Ov.".as Highway. Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boul.vard 2555 Shumard Oak Boulevard Maralhon. Florida 33050-2227 r.oIlaha"ee. Fl. 32399-2\00 Tal'aha"... FI. 32399.2100 lallah,,,oe. FI. 32399-Z100 (3051269-2402 18501488-2356 18S0) 413.9969 (850) 488-7956 ATTACHMENT D J/02; '(11 08: 15 4073274755 WINTER SPRNGS BLDDPT PAGE 02/02 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 May 1, 2001 Mr. Ray Eubanks Department of Community Mfairs Bureau of Local Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: City of Winter Springs EAR Based Amendments Request Cor Ex.tension Dear Mr. Eubanks: I am sending this letter 011 behalf of the City of Winter Springs to request an additional six (6) month extension for submittal of the EAR Based Amendments to the City's Comprehensive Plan. Although we have accomplished a lot this year with the new Town Center and better design controls. we have also suffered some major setbacks this year. Our COlTununity Development Coordinator retired this year and our only other planning staff member decided to go work for another City a week before he retired We are therefore very understaffed and in the process of hiring their replacements. I would ask that you please consider these special circumstances with regard to this request for an extension. "' .._........r..,._~~_..__;'... ;'::;"'~;'':'-:':'''''':'7',:1"'''~-:'~::'~' ;...;..... .._~.... ,'-' .:.~':..--_......:..,.... :~":'...,~,.,~....,_~", We 'h~;~ rio(haa''the''opp~rtu'nlty't6''''Coo-rdjna:i~' witkM~t~op'iaI;"'~(r::gattief'~tl.ie"'necessajy:' . .information that is required to complete the Transportation Element. Especially"s'ihce welU'e .4 i going from a Traffic Circulation Element to a Transportation Element. The extension would N . ,i allow us more time to prepare a thorough update to the Comprehensive Plan, and in particular :~i . '.the Transportation and Intergovernmental Coordination Elements.. ... _.. . ._....". ';.' C""-""",;,}"? -:~;~ . <:?:: ~ ~:~-~~, ~::~.: lIJ~~~_~~~~:,?J;:-7:.~~:~y;.~~~~.~t;~:::;~ :~.t-~~?~:~(!CC~~~~Y':~'~'. ~'~:~~~T'~~:" .~.z.:~:;.: )':~,~"~i.. :.-r: ~::;l~: !:-r._~'. ,~~~~~:~.~ '~.t :?-.:....;.~-!-v. -' . -'... . . It is my understanding that the City has already been granted one six (6) month extension which expired on March of this year and the extension that we are requesting now would extend the deadline through September 2001. I look forward to hearing from you regarding this request Thank you for your assistance. Sincerely. ~~~ ft...\!..- Charles C. Carrington, AICP Community Development Director ATTACHMENT E * LAND DESIGN INNOVA;.~~~~ C\l L. ::s ..... o C\l ..... ..:s: u L. <:( C\l n.- o u III "1J 1: o ..j o ..... 1: C\l E ~ ~ ::. ~ C\l ~ May 1, 2001 o City of Winter Springs Mr. Charles Carrington, AICP Community Development Director 1126 E. State Road 434 Wmter Springs, FL 32708 tn 1: .~ 1: ..2 ~ III ..... If) Re: Proposal for Professional Planning Services EAR-Based Comprehensive Plan Amendments LDI Proposal Number 01026.07 o tn 1: :j: ..... 'f L. ~ Dear Mr. Carrington: Land Design Innovations, Inc. (LD I) is honored to present you with our proposal for updating the Wmter Springs Comprehensive Plan based upon the recommendations in the Evaluation and Appraisal Report (EAR). Attached is a copy of our proposed scope of services and fee schedule to complete the EAR-Based Amendments. If you have any questions or concerns, please do not hesitate to contact me. We look forward to this opportunity to continue our work for the City and see through the completion of this project. Thank you for considering LDI for the above services. T=YL.::tt: rllcipal Planner -- TIC:js Attachments /5/ Look.out Place. Suite 200. Maitland, Florida 3275/ . Phone 407-975-/273. Fax 407-975-/278. wwwLandbiz.com JI.. CIlY OF WINTER SPRINGS SCOPE OF SERVICES EVALUATION AND APPRAISAL REpORT BASED AMENDMENTS LDI would be honored to prepare the elements of the City's Ei\R Based Amendments and coordinate the submittal with the Department of Community Affairs on behalf of the City. Our approach for the amendments to the City's Comprehensive Plan would be based upon the recommendations made in the City's Evaluation and Appraisal Report and the requirements in both the Florida Statutes and the 1:'10rida Administrative Code. LDI will recreate and subsequently update the Plan's goals, objectives, policies and baseline data including tables and text per the recommendations in the EAR, as well as providing information to staff to update the maps. The base year selected will be 2000. Subsequently, short term projections will be determined for tlle year 2005 and tlle long term projections will be determined for the year 2020. LDI will work diligently to gather data and update information with minimal staff involvement. LDI would be committed to meeting pre-determined deadlines to allow the Community Development Department appropriate review time for all phases of tlle project, prior to submission to tlle Planning Board and City Council for public hearings and for final approval. LDI will ensure that tlle proposed amendments are in compliance with the new State Statute and Rule changes. We will utilize the most recent data available at the time of amendment preparation to complete all of the projections and base our analysis upon. LDI will ensure that all public participation requirements are met throughout tlle Comprehensive Plan amendment process for the City. We will provide City staff with monthly progress reports throughout the amendment preparation process. We will be responsible for ensuring tllat DCA receives all necessary data and analysis to review the amendment package. LDI will present on behalf of the City to the Local Planning Agency and the City Council for adoption prior to submittal to DCA. The specific proposed tasks for tllis work order are identified below: 1) Prepare the revised maps series for the Comprehensive Plan, with the exception of Existing and Future Land Use Maps that are prepared by ELS. 2) Update the Future Land Use Element. Revise the GaP's considering recent changes, small area studies and redevelopment areas. Incorporate the City's annexation boundary. Integrate the City's new land use categories for the Town Center District, Greenway Interchange District and 434 Corridor District. Revise the consistency matrix between land use categories and zoning districts. 3) Review the Traffic Circulation Element and update with limited changes consistent with CPH's recent modifications. 4) Update the Conservation Element consistent with the new requirements contained in 9]-5, F.A.C. 5) Update the Housing Element consistent with the new requirements contained in 9]-5, F.A.c. 6) Update tlle Recreation and Open Space Element consistent with the new requirements contained in 9]-5, F.A.C. 7) Update the Potable Water Element consistent with the new requirements contained in 9]-5, F.A.c. 8) Update the Sanitary Sewer Element consistent with the new requirements contained in 9]-5, F.A.C. 9) Update the Stormwater Drainage Element consistent with the new requirements contained in 9]-5, F.A.C. 10) Update tlle Aquifer Recharge Element consistent with the new requirements contained in 9J-5, F.A.C. 11) Update tlle Capital Improvements Element consistent with the new requirements in 9)-5, F.A.C. 12) Update the Intergovernmental Coordination Element consistent with the new requirements in 9]-5, F.A. C. 13) Attend meetings with staff to g'dther data. Attend one public hearing each for the Local Planning Agency and City Council. 14) Coordinate information with DCA and respond to requests for addi60naJ infol111ation. 15) Coordinate and review elements for consistency throughout the Comprehensive Plan. FEE SUMMARY FOR EAR BASED AMENDMENTS ll1e total "not to exceed" fee for the specified Element updates, as indicated on the attached spreadsheet, is $46,310. ll1e fee does not include reimbursable costs which will be billed to the City at direct cost with no additional markup. Public hearings and coordination meetings with DCA will be billed separately based upon our attached hourly rates. Winter Springs Comprehensive Plan Schedule for EAR Based Amendments I Tasks Mav-01 Tun-01 Tul-01 Aue-01 Sep-01 Oct-01 Nov-01 Dec-01 Tan-02 Feb-02 Mar-02 Apr-02 Kick-off Staff Meetinl! . Revise Maps I.. . ~..... ..... ~... Prepare Future Land Use Element Prepare Conservation Element Prepare ICE Prepare Recreation Element Reveiw Transportation Element Prepare Aquifer Recharge Element Prepare Solid Waste Element Prepare Potable Water Element Prepare Sanitarv Sewer Element Prepare Drainage Element Prepare Housing Element Prepare CIE Local Planning Agency Hearing (Transmittal Hearing) . September 5 City Council Hearing (Transmittal Hearing) . September 24 DCA Initial Review (120 Davs) Prepare ORC Response Local Planning Agency Hearing . Adoption Hearing) City Council Hearing . I (Adoption Hearing) - City of Winter Springs EAR-Based Comprehensive Plan Amendments Fee Summary 1 8 10 0 4 20 30 10 20 4 2 8 2 24 4 2 24 40 8 4 2 30 16 8 4 2 30 16 8 4 2 40 2 8 4 2 30 8 8 4 1 16 4 8 4 2 8 50 24 4 2 30 25 8 4 2 20 35 8 4 2 16 8 8 4 1 28 0 0 1 . . . If necessary, public workshops or meeting with DCA willed be billed hourly. LDI will prepare the maps for the elements with the exception of the exisitng and future land use maps, which would require additional services. \Ve will update the maps for the Traffic Circulation Element and review the Element for consistency with the other Elements. If the Traffic Element needs to be re-written, additional services will apply. LAND DESIGN INNOVATIONS, INC. PROFESSIONAL SERVICES YEAR 2001 FEE SCHEDULE Standard Rate Land Planning, Economic Development and Transportation Principal Project Director Senior Planner Traffic Analyst Planner II Planner I Project Technician/Researcher Landscape Architecture Senior Landscape Architect Landscape Architect II Landscape Architect I Construction Management General Contractor Senior Construction Engineer Senior Project Manager Construction Superintendent Environmental (Ecology) Senior Scientist Biologist Environmnetal Technican Civil Engineering Principal Engineer Project Civil Engineer Engineering Technician Community Outreach Community Affairs Director Meeting Facilitator Graphics Marketing/Graphics Director GIS Techinician AutoCAD Technician Graphic Designer Draftsman Administrative Support ClericallWord Processing $100 $85 $75 $75 $65 $55 $40 $85 $65 $55 $100 $85 $85 $75 $75 $60 $35 $100 $85 $60 $75 . $55 $60 $55 $55 $50 $40 $40