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HomeMy WebLinkAbout1998 06 08 Consent Item E COMMISSION AGENDA ITEM E Consent X Informational Public Hearings Regular June 8. 1998 Regular .tv1eeting Mgr. 1 Dept. Authorization Police Department A. Updating the City Commission on Truck Traffic in the Tuscawilla Area. PURPOSE: to provide the City Commission with data concerning the traffic situation as it relates to truck traffic in the Tw;cawilla area. THIS ITEM IS POSTPONED UNTIL THE JUNE 22, 1998 MEETING. June 8. 1998 Meeting REQUEST: CO:MMISSION AGENDA ITEM E Consent X Informational Public Hearing Regular MGRf?W-DEPT Authorization The City Attorney requesting the Commission to adopt the attacbed Resolutiolll No. 847 acknowledging City's position that Battle Ridge Plan Amendmcmt Ordinances will not be implemented by the City until after complianee review by the Florida Department of Community Affairs (DCA). CONSIDERATIONS: The Battle Ridge Amendments (Ordinances 695 and 699) and supporting documentation have been forwarded to the Florida Department of Community Affairs (DCA) for plan compliance determination pursuant to Section 163.3189, Florida Statutes. In correspondence with the City, the DCA has expressed concerns about the "effective dates" of the ordinances. The attached resolution is intended to allay that concern and express city recognition of the fact that the ordinances will not be effective until compliance review has occurred. The attaehed resolution while ratifying of Ordinances 695 and 699, acknowledge that said Ordinances are not effective until comprehensive review requirements of state law have occurred. The Resolution expresses the City's recognition of this state law requirement. This is part of a long debate between State DCA and cities or counties relating to the nee:d to have adopted plan amendment ordinances as a prerequisite to compliance review and the ordinance adoption process in city ordinances and Chapter 166, Florida Statutes. RECOMMENDATION: Adopt Rei;olution No. 847, which will be forwarded to DCA if this issue is not otherwise resolved by staff of the city and the state agency. ATTACHMENT: Resolution No. 847. COMMISSION ACTION: RESOLUTION NO. 847 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE BATTLE RIDGE COMPREHENSIVE PLAN ANfENDMENTS; RATIFY.CNG ADOPTION OF ORDINANCES 695 AND 699 wrnLE ACKNOYVLEDGING THE Irv.O>LEMENTATION DATES OF SAID ORDINANCES ARE ABATED WHILE STATE LAND PLANNING AGENCY REVIEW PURSUANT TO SECTION 163.3189, F.S. PROCEEDS; PROVIDING FOR CONEUCTS AND AN EFFECTIVE DATE. WHEREAS, the City has transmitted the Battle Ridge Comprehensive Plan Amendment Ordinances (Ordinances 695 and 699) to the state land planning agency for a detennination pursuant to the state law whether said amendments are in compliance with state law; and WHEREAS, said state agency has expressed concerns about the lIeffective datesll language of said plan amendment ordinances; and WHEREAS, to all:ly concerns, it is the desire of the city to express its acknowledgment that while said ordinances 695 and 699 are valid ordinances of the city of Winter Springs, the city acknowledges that implementation of said ordinances is abated until this compliance review pursuant to state law has occurred. - THEREFORE, BE IT RESOLVED by the City Commission of the City of Winter Springs, as follows: 1. Premises Adopted. Each and all of the foregoing premises are declared to be true and correct and are incorporated herein as findings of this Commission. 2. State Law Requirements: (A) Section 163.3189, F.S. is attached as Exlubit "AIf to this Resolution and by this referenced incorporated herein. (B) The city comt1:ussion of the City ofWmter Springs acknowledges and agrees that these state law requirements arl' a pre-requisite to implementation by the city of the comprehensive plan amendments set forth in Ordinances 695 and 699. 3. City Commissioner Actions Regarding Ordinance 695. 696 and 699. The city commission hereby declares: a. Ordinance 695 of the City of Winter Springs is a comprehensive plan amendment designating the entire (approximately 269.96 acres). Battle Ridge Property low density residential and the adoption of said ordinance is hereby ratified and Ordinance No. 695 is declared to be valid and in effect. b. The foregoing ordinance was modified based on public comment by Ordnance 699 that S/S'd JSS~ ~ ~3HJ~8N3ddn~~ Wd82:~0 86, 20 Nnr 7Gd ~d G~;;C 35-~J-;~ ~3~~-S2~-LG~ ~O~~ designated the jurisdictional wetlands portion of the Battle Ridge property "conservation" under the City's comprehensive plan. c. Ordinance 696 provides for the initial zoning for the Battle Ridge property. The city acknowledges that under state law the zoning can only be effective if it is consistent with the Cit)ls comprehensive plan. Therefore, if the plan amendment ordinance (ordinances 695 and 699) never become effective because they are found to not be in compliance with the Citis comprehensive plan, then as a matter oflaw, Ordinance No. 696 will never be effective "in accordance with state law" 4. Ordinance 695 and 699 Adopted and Ratified The city commissioner specifically declares Ordinances 695 and 699 to be adopted ordinance of the city of Winter Springs, with said ordinance 695 and Ordinan,:e 699 to be read together to provide the low density residential land use designation on part of the property and conservation land use designation on the balance of the Battle Ridge property. 5. Effective Dates Contingent on section 163.3189. F.S The city commission directed that these ordinances be: transmitted to the Florida Dep~ent of Community Affairs for a compliance determinatior.l pursuant to state law. Only adopted qrdinances amending the City's comprehensive plan receive a compliance determinatiol\ but the City Commission of the City of Wmter Springs hereby dedares and acknowledges: (a) Comprehensive plan amendment ordinances cannot be implemented by the City until the compliance determinadon provisions of Sections 163.3189, F. S., are fulfilled. (b) Ordinances 695 and 699 are held in abeyance pending the Section 163.3189, F.S., compliance review process and will not be implemented by the city of Winter Springs until said compliance review process is concluded. (c) Ordinance 696 cannot be implemented at zoning for the Battle Ridge property until after the property is properly designated under the City's comprehensive plan to support the proposed zoning. (d) The Battl~~ Ridge Development Agreement cannot be effective until the proper underlying comprehensive plan amendment is effective pursuant to state law, including Section 163.3189, F.S., comprehc:nsive review process (see Section 163.3229, F.S.) 6. Resolution Intended to Support Compliance Review. This resolution is intended .as supplemental information to the City's submittal to the Florida Department of Community Affairs in their conduct of this Section 163.3189, F.S., plan amendment compliance:: review process. 7. Conflicts - Any and all resolutions or parts thereof in conflict with this Resolution are superseded by this Resolution to the extent of any such conflict. 8. Effective Date This Resolution should be effective upon adoption. 2 S/17'd JSS~ ~ ~3HJ~8N3ddn~~ Wd62:170 86, 20 Nnr SOd Wd OS:50 86-20-90 DONE AND RESOLVED THIS -:> c: /~ . ,-I L9LL-9Z7-L07 woa~ 8th JUNE DAYOF~. 1998. 3 . lC::C~ -q '\.J-::W""'\!-lOJ.. l""J..J .....If''''''l~,~ I.I...JC -::" . .....-:\ ~L ?~ \.. 'll i'