HomeMy WebLinkAbout1998 03 23 Regular Item E
COMMISSION AGENDA
ITEM
E
REGULAR X
CONSENT
INFORMATIONAL
March 23. 1998
Meeting
MGR ~tt-
Authorizat ...
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a first public hearing and approve for adoption Ordinance 699 to
revise Ordinance No. 695 to redesignate the jurisdictional wetlands of the Battle
Ridge Property from "Lower Density Residential" to "Conservation" on the Future
Land Use Map.
PURPOSE:
The purpose of this Board Item is to request the Commission hold a first public hearing to
revise Ordinance No. 695 concerning the Battle Ridge large scale comprehensive plan
amendment. Ordinance 695 changed the future land use designation of the Battle Ridge
Property from county "Suburban Estates" (1 DU per acre) to City "Lower Density
Residential" (1.1 to 3.5 DU per acre). Ordinance 699 redesignates the jurisdictional
wetlands from "Lower Density Residential" to "Conservation" on the Future Land Use
Map. This proposed action is in response to the request by Seminole county and the City
of Oviedo.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3184(7) Florida Statutes which state in part "The local government
shall review the written comments submitted to it by the state land planning agency, and
any other person, agency, or government. Any comments, recommendations, or
objections and any reply to them shall be public documents, a part of the permanent record
in the matter, and admissible in any proceeding in which the comprehensive plan or plan
amendment may be at issue. The local government, upon receipt of written comments
from the state land planning agency, shall have 120 days to adopt or adopt with changes
the proposed comprehensive plan or 163.3191 plan amendments. In the case of
comprehensive plan amendments other than those proposed pursuant to 163. 3191, the
local government shall have 60 days to adopt the amendment, adopt the amendment with
MARCH 23, 1998
AGENDA ITEM E
Page 2
changes, or determine that it will not adopt the amendment. The adoption of the proposed
plan amendment or the determination not to adopt a plan amendment, other than a plan
amendment pursuant to 163.3191, shall be made in the course of a public hearing pursuant
to subsection (15). . ,"
CONSIDERA TIONS:
1. The City Commission, at its January 26, 1998 meeting adopted Ordinance 695
concerning the large scale comprehensive plan amendment for the Battle Ridge
Property changing the future land use designation from county "Suburban Estates"
(1 DU per acre) to City "Lower density Residential" (1.1 to 3.5 DU per acre).
2. The City Commission, at its January 26, 1998 meeting, adopted Ordinance 694
concerning the annexation of the Battle Ridge Property.
3. The City Commission, at its January 26, 1998 meeting, adopted the Development
Agreement concerning the Battle Ridge Property subject to clarifying statements
and adjustments made (at that meeting) and subject to the adoption of Ordinance
696 (rezoning of the property) in the future.
4. The original approval of the annexation ordinance (694), the plan amendment
ordinance (695), and the development agreement were each made contingent upon
the adoption and effective date of the initial rezoning ordinance (696),
5. The initial rezoning ordinance (696) is not yet effective because it was made
contingent upon reconsideration of the comprehensive plan designation.
6. When ordinance (699) is considered and acted upon, all contingencies of the other
three (3) actions: annexation, rezoning, and development agreement will have been
fulfilled.
7. The county and the City of Oviedo have requested that the jurisdictional wetlands
portion of the Battle Ridge Property be formally designated "Conservation" on the
City's Future Land Use Map.
8. The applicant has notified DCA that he will designate the large wetland area as
"Conservation" and will give over to a responsible agency this large wetland area
for future protection and conservation.
MARCH 23, 1998
AGENDA ITEM E
Page 3
FUNDING:
No funds are required from the City.
FINDINGS:
1. The City Commission, at its January 26, 1998 meeting adopted Ordinance 695
concerning the large scale comprehensive plan amendment for the Battle Ridge
Property changing the future land use designation from county "Suburban Estates"
(1 DU per acre) to city "Lower density Residential" (1.1 to 3.5 DU per acre).
2. The City Commission, at its January 26, 1998 meeting, adopted Ordinance 694
concerning the annexation of the Battle Ridge Property.
3. The City Commission, at its January 26, 1998 meeting, adopted the Development
Agreement concerning the Battle Ridge Property subject to clarifying statements
and adjustments made (at that meeting) and subject to the adoption of Ordinance
696 (rezoning of the property) in the future.
4. The county and the City of Oviedo have requested that the jurisdictional wetlands
portion of the Battle Ridge Property be formally designated "Conservation" on the
City's Future Land Use Map.
5. The applicant has notified DCA that he will designate the large wetland area as
"Conservation" and will give over to a responsible agency this large wetland area
for future protection and conservation. .
RECOMMENDATION:
Staff recommends the City Commission approve the first reading of Ordinance No. 699 ,
to redesignate the jurisdictional wetlands of the Battle Ridge Property from "Lower
Density Residential" to "Conservation" on the Future Land Use Map, based on the
findings indicated above.
MARCH 23, 1998
AGENDA ITEM E
Page 4
IMPLEMENTATION SCHEDULE:
The Commission would hold a second public hearing on April 13, 1998 and adopt
Ordinance 699. The ordinance "shall become effective at the expiration of thirty (30) days
after adoption or at any date specified therein" (in the ordinance) [per Section 4,1S(c) City
Charter].
ATTACHMENTS:
1. General Area of Wetlands on the Battle Ridge Property.
2. Ordinance No. 699
COMMISSION ACTION:
ORDINANCE NO. 699
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
CHANGING THE FUTURE LAND USE MAP
DESIGNATION OF THAT PORTION
(APPROXIMATELY 256 ACRES DESIGNATED AS
JURISDICTIONAL WETLANDS) OF THE 296.96
ACRE PARCEL OF LAND, ALSO KNOWN AS "THE
BATTLE RIDGE PROPERTY AS DESCRIBED IN
ORDINANCE 694 FROM "LOWER DENSITY
RESIDENTIAL" TO "CONSERVATION" ON THE
FUTURE LAND USE MAP PURSUANT TO
171.044(1) (2) and 166.041 FLORIDA
STATUTES; PROVIDING FOR SEVERABILITY;
CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, the applicant, Battle Ridge Companies, Inc., has
petitioned the City to be annexed into the City, and has been
annexed into the City through passage of Ordinance 694 by the
city commission on January 26, 1998.
WHEREAS, Seminole County and the City of Oviedo have
requested the city redesignate the jurisdictional wetlands of
the Battle Ridge Property from "Lower Density Residential" to
"Conservation" on the City'S Future Land Use Map.
WHEREAS, the Battle Ridge Companies, Inc. has indicated
to the City commission in public hearing its willingness to
allow the
jurisdictional
wetlands
to
be
designated
conservation, and has also informed the Florida Department of
Community Affairs of same.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of winter Springs hereby
changes the Future Land Use Map designation of the
jurisdictional wetlands on the Battle Ridge Property from
"Lower Density Residential" (1.1 to 3.5 DU/acre) to
"Conservation" on the City's Future Land Use Map.
SECTION II - If any section or portion of this Ordinance
proves to be invalid, unlawful or unconstitutional, it shall
not be held .to invalidate or impair the validity, force or
effect of any other section or portion of a section or
subsection or part of this Ordinance.
SECTION III - That all Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
SECTION IV - This Ordinance shall take effect immediately
upon adoption, in accordance with 166.041 (4) Florida Statutes,
and section 4.15(c) city Charter of City of winter Springs.
PASSED AND ADOPTED this____day of , 1998.
CITY OF WINTER SPRINGS
PAUL P. PARTYKA, MAYOR
ATTEST:
CITY CLERK
FIRST READING
POSTED
SECOND READING AND PUBLIC HEARING