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HomeMy WebLinkAbout1998 04 27 Regular Item D C()MMISSION AGENDA Il'EM D Regular XX Consent Info rma tional April 2:7, 1998 Meeting MGR.M ID~_ REQUEST: The Community Development Department - Planning Division requests the City Commission adopt resolution No. 843 declaring that all contingencies have been fulfilled related to the adoption and effective dates of Ordinance No. 694 (Battle Ridge property annexation), Ordinance No. 695 (Comprehensive Plan Amendment Designation), Ordinance No. 696 (initial zoning), and the Battle Ridge Development Agreement. PURPOSE: Ordinance No. 694 (Battle Ridge property annexation), Ordinance No. 695 (Comprehensive Plan Amendment Designation), Ordinance No. 696 (initial zoning), and the Battle Ridge Development Agreement were earlier proposed by the property owner and passed by the City Commission contingent upon the adoption and effective date of each other. The attached Resolution No. 843 indicates that upon reconsideration of Ordinance No. 695, all contingencies relating to the ordinances and approval of the agreement are fulfilled and said ordinances and agreement are effective. Resolution No. 843 also directs that Ordinance No. 695 be transmitted to the Department of Community Affairs as required by Chapter 163, Florida Statutes. APPLICABLE LA'.v AND PUBLIC POLICY: 1. Section 166.041, Florida Statutes, and Section 4.15, City Code of Ordinances dealing with effective dates for ordinances. 2. Section 163 .3184(3)(a), Florida Statutes, requiring that a plan amendment as adopted be transmitted to the Florida Department of Community Affairs. April 27, 1998 REGULAR AGENDA ITEM D Page 2 3. Rule 9J-ll, Florida Administrative Code requires that the plan amendment be transmitted including supporting documentation. CONSIDERA TIONS: 1. On January 26, 1998, Ordinance No. 694 and Ordinance No. 695 were adopted contingent upon the adoption and effective date of Ordinance No. 696, and the Battle Ridge Development Agreement was approved contingent upon adoption and effective date of Ordinance No. 696. 2. On January 26, 1998, the Public Hearing on Ordinance 696 was continued until February 9, 1998 to assure proper advertising and full public participation. 3. On February 9, 1998, Ordinance No. 696 (the initial zoning for Battle Ridge property) was adopted with an effective date contingent upon a reconsideration of the comprehensive plan amendment designation for the environmentally sensitive portion of the Battle Ridge property. 4. The recommendation of Ordinance No. 695 and review ofa conservation land use designation for a portion of the Battle Ridge propE:rty was in response to issues raised by the general public, the City of Oviedo and Seminole County officials at various public hearings on this matter. FINDINGS: 1. All contingencies relating to the effective dates in Ordinance No. 694, Ordinance No. 695 and Ordinance No. 696 are fulfilled and said ordinances are declared effective pursuant to state law and City Charter. 2. The Battle Ridge Development Agreement is effective because all contingencies relating to its approval are fulfilled. 3. Many of the contingencies related to issues raised by the general public, the City of Oviedo and Seminole County in response to intergovernmental coordination have been addressed through the adoption of said ordinances and agreement. April 27, 1998 REGULAR AGENDA ITEM D Page 3 RECOMMENDATION: Staff recommends the City Commission adopt the attached Resolution No. 843 declaring all contingencies set forth in Ordinance No. 694, Ordinance No. 695, Ordinance No. 696 and the Battle Ridge Development Agreement relating to their adoption and effective dates are fulfilled. ATTACHMENTS: Resolution No. 843 COMMISSION ACTION: RESOLUTION NO. 843 A RESOLUTION OF THE CITY COMMISSION OF lEE CITY OF WlNTER. SPRlNGS FLORIDA, DECLAR1NG THAT All CONTINGENCIES HAVE BEEN FU!.FII..I..E:O RELATING TO TEE ADOPTION AND EFFECTIVE DATES OF WlNTER. SPRINGS ORDINANCES NOS. 1594, 695 AND 696, AND THE ADOPTION OF THE BATTLE RlDGE DEVELOPMENT AGREEMENT FINDING THAT VARIOUS CHANGES TO ORDINANCE NO. 695 DESIGNATING A PORnON OF BATTLE RIDGE PROPERTY .CONSER.V AnON" PURSUANT TO THE CITY COMPREHENSIVE PLAN HAVE BEEN CONSIDERED; FINDING mAT CONSIDERATION OF THE CONSERV AnON LAND USE DESIGNATION RELATED DIRECTLY TO ISSUES RAISED BY lEE PUBLIC DURING mE PUBUC HEARING PROCESS AND ISSUES RA.ISED BY THE CITY OF OVIEDO AND SEMINOLE COUNTY THROUGH INTERGOVERNMENTAL COORDINATION ACTIVInEs; DlBECI'lNG STAFF TOIRANSMlT mE NOW EFFECTIVE ORDINANCE NO. 695 TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS PURSUANT TO CHAPTER. 163, FLORIDA STAltJTES; PROVIDING P'OR AN EFFECTIVE DATE. PREMISE..~ WHEREAS, the property owner of the 296.96 acre property genaally called the"BattIe Ridge Propeny" and descnbed on Exhibit "A" of this Resolution (hereinafter called the Battle Ridge Property or Properties) applied to annex said property into the city limits of the City OfWmter Springs; and . WHEREAs the Ci1;y has determined the Property to be acceptable for annexation and eliglble for municipal services as rc~quired by Chapter 171, Florida Statutes; and WHEREAs. the property owner made voluntary annexation into the City contingent upon a land use designation ofJow density residential on the forty-plus (40+) acre eastern most portion of the Battle Ridge Property which is the area not slated to be within the jurisdiction ~etlan.ds area of any state or federal enviroIlmental regulation agency; and WHEREAS, the property owner made voluctary annexation of the property contingem upon an initial zoning ofR-l~ One Family Residential; and WHEREAs, the CitJr and the property owner made annexztion of the Battle Ridge Property contingem upon memorializlltion of the various dates, responsibilities, obligations and public policy land use determination in a ,development agreement; and WBEREAs. the land: use ti~W':lI1iOD of the Battle Ridge Property was originally transmitted to the Florida Department of Cnmmtmity Af&i.rs, the State Land & PlanniIJg Agency on February 26. 1996; and WHEREAs, the City and the Property Owoer have expended substantia! amounts of time, c:ffiJrt, and ecpert.ise in respoIlding to issues raised by the commentS from the state agency and nearby residents as weD as the City of Oviedo and Seminole County; and WHEREAS, aU issues have been effectively addressed in rC3ponse by the City and the Property Owner; and "WHEREAs, the City formed and participated in the citizen forum called the Battle Ridge Steering Committee relating to the proposed annexation, comprehensive plan designation, and initial city zoning for the PrOF'erty during the time period April, 1996 through December, 1996; and, 'WHER.EAs. public hearings on the Battle Ridge Annexation Ordinance (Ordin~e No 694), the Comprehensive Plan Amendment Qrdina1]r.P. (Ordinance No. 695), the initial city zoning ordinance (Ordinance No. 696),and the Battle Ridge Development Agreement were noticed, held and considered at various tilnes in January, February and March, 1998; and, WHEREAs, substantial public comment was received at each of the public hearings; and 'WHER.EAs. certain changes to the matters relating to the Battle Ridge property were made by the City COmmic:siOIL in response to public comment to the annexation, Comprehensive Plan Amendment and initial ;~oning ordil'!"nces, and the Development Agreement for the Battle Ridge Property; and, WHEREAs, at l~ public hearing and adoption action relating to Ordinance No 694, Ordinance 695, OrdinanCl: 696. and the Rattle Ridge Development Agreemem, it was noted for the record tlut each adopticm was specifically contingent upon the others to assure the City and the public that the Battle Ridge Property was being handled in a comprehensive Whion upon annexation into the City of Winter Springs; and, WHEREAS, on January 26, 1998 Ordinances Nos. 694 and 695 were adopted contingent upon the adoption and e:ffective date of Ordinance No. 696, and the Battle Ridge Development Agreement was approved l::ontingem upon adoption and the cifective date of Ordinance No.696; and, WHEREAs, on lanuary 26, 1998 the public hearing on Ordinance No. 696 was continued until February 9, 1998, to i!SSUI'e proper advertising. public notice and fun public pamdpation; ~ WHEREAS, on :F'ebruary 9, 1998, Ordinance No. 696 was adopted with an effective date contingent upon a recon.sicL~on ofilie comprehensive plan future land use map designation for the environmentally sensitive Jurisdictional wetla:ads portion of the Battle Ridge Property; and, WHEREAs, the re:onsi4entio.n of Ordinance No. 695 and review of the issue of desigoiDg a portion of the Battle Ridge Property .comervationlt pursuant to the CitYs comprehensive plan was in response to issues raised by the public and representatives of the City of Oviedo and Seminole County at various public bearings on the Battle Ridge Property, and WHER.EAs. reconsideration of Ordinance No. 695 occurred on March 23, 1998 in a public hearing conducted by the C:ity Commission; and 'WHE.R.EAs, an coDl~encies relating to Ordinances Nos. 694, 695, and 696, and relating to the adoption and approval o:t the Battle Ridge Development Agreemem have now been fulfilled and 2 ,. accomplished, such ordinances and the Agreement are herein declared to be immediately effective pursuant to state law ,;md City Charter. NOW, l.tll!:.REFOE:E BE IF RESOLVED BY THE CITY COM:MISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: 1. Premis~~ AcloDted. Each and all of the foregoing premises are found and declared to be true and correct :md are incorporated herein as findings of this Comm;ssion. 2. O~ces DecIareg Effective lmmediately. All contingencies and conditions relating to the effective dates of Ordinance Nos. 694. 695, and 696 are fulfilled and accomplished, and said Ordinances are declared effective immediately this 23rd day of March 1998 pumumt to state law and City Charter. 3. Develollment AlUeement Declared Effective Immediately. The Battle Ridge Development A8reemc:al: is hereby declared to be effective this 23rd day of March, 1998 because all conditions precedent and contingencies relating to its approval are now fuIfined. 4. Mayor and Citv Clerk Authorized to Sign Ordinances and Am-eement. Since all contingencies re.latiTlg tl) Ordinance Nos. 694, 695, and 696, and the Battle Ridge Development Agreemem are fulfined, and said documents are effective, the Mayor and City Clerk are authorized ~ execute said Ordinances and Agreement. 5. Transmm'al of Battle RicU!e Plan Amendment. Staifis directed and authorized to transmit the Battle Ridge Plan Am~em and supporting documents to the Florida Department of Comnnmtty Affairs in accordance with the requirements ofCbaptcr 163, Florida Statutes. 6. This Resolution to be Recorded and Post~ To assure public notice of all actions relating to the Battle Ridge Property, a copy of this Resolution sha1I be recorded in the Public Records of Seminole County, Florida In addition, the City Clerk is directed to pO'st a copy of this Resolution in City Hall for a period of at least thirty (30) days. DONE AND RESOLVED TInS . DAY OF MARCH. 1998. Attest: - Margo Hopkins City Clerk Paul P. Partyka Mayor 3