Loading...
HomeMy WebLinkAboutThe Battle Ridge Plan Amendment Seminofe County Government County Attorney's Office 1101 East First Street Sanford, Florida 32771-1468 Telephone (407) 321-1130 Extension 7254 FAX 330-9594 IN RE: The Battle Ridge Plan Amendment Petition Invoking Interlocal Agreement On Mediation And Intergovernmental Coordination I. Introduction. Seminole County, a poli tical subdivision of the State of Florida, hereby files its petition, by and through the County Manager and its undersigned legal counsel, invoking the January 1995 agreement titled "Interlocal Agreement on Mediation and Intergovernmental Coordination." The County has determined at public hearing on August 11, 1998, to challenge the Winter Springs plan amendment commonly known as the "Battle Ridge Amendment." As petitions to challenge plan amendments are required by law to be filed with the Department of Community Affairs ("DCA") wi thin twenty-one (21) days of publication of the Department's notice, the County will, therefore, consistent with Section 2 (b) of the Agreement, be filing a petition with DCA preserving its legal rights. The County will then move, with Winter Springs' concurrence, to abate the administrative hearing to permit compliance with the remainder of the Agreement. The County understands that the City of Oviedo is also challenging the subject Battle Ridge Amendment and the County will also work with the City of Oviedo under and pursuant to the provisions of the Interlocal Agreement. Seminole County, the City of Winter Springs and the City of Oviedo have been involved in contacts and discussions relative to the Battle Ridge Amendment for some time. Due to the nature of these contacts, the County believes that the best interest of all parties would be served by bypassing the Executive Settlement Conference provisions of Section 5 and moving 1 directly to mediation under Section 7 of the Agreement. The County, therefore, seeks your City's concurrence in this arrangement and looks forward to bringing this matter to a successful resolution under the terms of the Agreement. The County Attorney will propose a mediator to the City in the near future. II. Preliminary List of Issues to be Discussed.! 1. Density of the proposed development. 2. Consistency of the proposed development and Battle Ridge Amendment with objectives, goals and policies of the Seminole County Comprehensive Plan. 3. Compatibility of the proposed development and proposed land use designation with neighboring property. 4. Conservation of Land. 5. Adverse impacts to and on the Rural Area of Seminole County resulting from the proposed development and Battle Ridge Amendment. 6. Internal consistency of the Battle Ridge Amendment with the provisions of the Winter Springs Comprehensive Plan. 7. Adverse impacts of the proposed development and Battle Ridge Amendment upon the environment and natural systems. 8. Consistency of the proposed development and Battle Ridge Amendment with the State Comprehensive Plan. 9. Consistency of the proposed development and Battle Ridge Amendment with the Regional Policy Plan. 10. Consistency of the proposed development and Battle Ridge Amendment with the provisioRs of State law. 11. Lack of Winter Springs' jurisdiction to approve Battle Ridge plan amendment and other development approvals.2 12. Failure of the City of Winter Springs to engage in joint planning and intergovernmental coordination. 13. The adverse impacts of the proposed development and Battle Ridge upon the provision of public services and facilities. 14. Any and all planning, land use and legal issues that relate or pertain to the Battle Ridge Amendment that 1 This listing of issues is not to be deemed as all-inclusive and there are many sub-issues within the list of preliminary issues. 2 The County questions the validity of the annexation process in the context of the Battle Ridge Plan amendment as the sequence of events seem to be out of the sequence that would be in accord with State law. 2 is pending before the Florida Department of Community Affairs. III. Preliminary List of Petitioning Representatives to be Present at ESC. Party's It is the County's hope that the ESC can be mutually agreed upon to be inconsistent with the attempts to resolve this matter and that the County and the Cities may move jointly for mediation. The Deputy County Attorney, Lonnie N. Groot, shall be the County's representative throughout the proceedings and shall serve as liaison to the Board of County Commissioners and County management. IV. Conclusion. The County desires to operate and govern in harmony with its cities. The County regrets the necessity of the subject action, but looks forward to working toward a result that will benefit all of the citizens of Seminole County. The County, however, looks forward to proceeding in the context of the unique and trend setting interlocal agreement providing for alternative dispute resolution when governments have disparate views on matters of significant public concern and interest. DATED this 19th day of August, 1998. G~~do~~ ~ County Manager 1101 East First Street Sanford, Florida 32771 ~f- Deputy County Attorney 1101 East First Street Sanford, Florida 32771 (407) 321-1130 (ext. 7254) Florida Bar Number 266094 CERTIFICATE OF SERVICE 3 r'. Bo 0] ~ 0; I..:J fj:, "'-; c:, u fY,~ 1-, "P.Cl] 0) ::r:E-i 0) U:?;Cl] /:'-.. C4C'J C\J ~'i q ~ ;:]0;0; "fIf2 ~C4f.1, ~6tJ] ~::{ [gC'JfJ Q~ ~;iE-i (JA. QuqBo; , q 0 :?: I-( fj:, [5 U ~ Cl., g; f-, :?; /:1:J[jo!;Jt5~ ~ /::>-i~0]f.1, 5JtjE-io ,0] ii! c..J CJ C) /:1:J 0; ~SOt:Io~ OO"-..I-(C\J~ ~UUU:::!; to o {'- tV I~l - - - - - -::: ~ - --:: --:: - --:: :::::: --:: - ~ ~ :::::::- ~ -::: -.... ~ ~ - .".. N ,~l ... {'- N .., I HEREBY CERTIFY that a true and correct duplicate original of the foregoing has been furnished by certified mail, return receipt requested, to Ronald McLemore, City Manager, City of Winter Springs, 1126 East State Road 434, Winter Springs, Florida 32708-2799 and the Honorable Cindy Gennell, Chairperson of the Council of Local Governments (CALNO), C/O City of Winter Springs City Commission, City of Winter Springs, 1126 East State Road 434, Winter Springs, Florida 32708-2799. ~~ Deputy County Attorney Cc: Board of County Commissioners Bill Colbert, City Attorney, City of Oviedo Cindy Coto, Deputy County Manager Frances Chandler, Planning and Development Director Sandra Wall, Board of County Commissioners Records 4