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HomeMy WebLinkAboutResolution 843 Battle Ridge Agreement RESOLUTION NO. 843 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, DECLARING THAT ALL CONTINGENCIES HAVE BEEN FULFILLED RELATING TO THE ADOPTION AND EFFECTIVE DATES OF WINTER SPRINGS ORDINANCES NOS. 694 AND 696, AND THE ADOPTION OF THE BATTLE RIDGE DEVELOPMENT AGREEMENT FINDING THAT VARIOUS CHANGES TO ORDINANCE NO. 695 DESIGNATING A PORTION OF BATTLE RIDGE PROPERTY "CONSERVATION" PURSUANT TO THE CITY COMPREHENSIVE PLAN HAVE BEEN CONSIDERED AS ORDINANCE NO. 699; FINDING THAT CONSIDERATION OF THE CONSERVATION LAND USE DESIGNATION RELATED DIRECTLY TO ISSUES RAISED BY THE PUBLIC DURING THE PUBUC HEARING PROCESS AND ISSUES RAISED BY THE CITY OF OVIEDO AND SEMINOLE COUNTY THROUGH INTERGOVERNMENTAL COORDINATION ACTMTIES; DIRECTING STAFF TO TRANSMIT THE NOW EFFECTIVE ORDINANCE NO. 699 TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS PURSUANT TO CHAPTER 163, FLORIDA STATUTES; PROVIDING THAT TO THE EXTENT ORDINANCE NO. 695 AND ORDINANCE NO. 699 CONFLICT THAT ORDINANCE NO. 699 SHALL PREVAIL; PROVIDING FOR AN EFFECTIVE DATE. PREMISES WHEREAS, the property owner of the 296.96 acre property generally called the"Battle Ridge Property" and described 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 of Winter Springs; and WHEREAS the City has determined the Property to be acceptable for annexation and eligible for municipal services as required by Chapter 171, Florida Statutes; and WHEREAS, the property owner made voluntary annexation into the City contingent upon a land use designation oflow 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 wetlands area of any state or federal environmental regulation agency; and WHEREAS, the property owner made voluntary annexation of the property contingent upon an initial zoning ofR-IA, One Family Residential; and WHEREAS, the City and the property owner made annexation of the Battle Ridge Property contingent upon memorialization of the various dates, responsibilities, obligations and public policy land use determination in a development agreement; and WHEREAS, the land use designation of the Battle Ridge Property was originally transmitted to the Florida Department of Community Affairs, the State Land & Planning Agency on February 26, 1996; and WHEREAS, the City and the Property Owner have expended substantial amounts of time, effort, and expertise in responding to issues raised by the comments from the state agency and nearby residents as well as the City of Oviedo and Seminole County; and WHEREAS, all issues have been effectively addressed in response 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 Property during the time period April, 1996 through December, 1996; and, WHEREAS, public hearings on the Battle Ridge Annexation Ordinance (Ordinance No 694), the Comprehensive Plan Amendment Ordinance (Ordinance No. 695), the initial city zoning ordinance (Ordinance No. 696),and the Battle Ridge Development Agreement were noticed, held and considered at various times in January, February and March, 1998; and, WHEREAS, substantial public comment was received at each of the public hearings; and WHEREAS, certain changes to the matters relating to the Battle Ridge property were made by the City Commission in response to public comment to the annexation, Comprehensive Plan Amendment and initial zoning ordinances, and the Development Agreement for the Battle Ridge Property; and, WHEREAS, at each public hearing and adoption action relating to Ordinance No 694, Ordinance 695, Ordinance 696, and the Rattle Ridge Development Agreement, it was noted for the record that each adoption was specifically contingent upon the others to assure the City and the public that the Battle Ridge Property was being handled in a comprehensive fashion 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 effective date of Ordinance No. 696, and the Battle Ridge Development Agreement was approved contingent upon adoption and the effective date of Ordinance No.696; and, WHEREAS, on January 26, 1998 the public hearing on Ordinance No. 696 was continued until February 9, 1998, to assure proper advertising, public notice and full public participation; and, WHEREAS, on February 9, 1998, Ordinance No. 696 was adopted with an effective date contingent upon a reconsideration of the comprehensive plan future land use map designation for the environmentally sensitive jurisdictional wetlands portion of the Battle Ridge Property; and, WHEREAS, the reconsideration of the Comprehensive Plan designation for the Battle Ridge property has been considered as part of the public hearings on Ordinance No. 699, and review of the issue of d~signating a portion of the Battle Ridge Property "conservation" pursuant to the City's comprehensive plan was in response to issues raised by the public and representatives of the City of Oviedo and Seminole County at various public hearings on the Battle Ridge Property, and WHEREAS, consideration of Ordinance No. 699 occurred on April 27, 1998 in a public hearing conducted by the City Commission; and 2 WHEREAS, all contingencies relating to Ordinances Nos. 694 and 696, and relating to the adoption and approval of the Battle Ridge Development Agreement have now been fulfilled and accomplished, such ordinances and the Agreement are herein declared to be immediately effective pursuant to state law and City Charter. NOW, THEREFORE BE IF RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: 1. Premises Adopted. Each and all of the foregoing premises are found and declared to be true and correct and are incorporated herein as findings of this Commission. 2. Ordinances Declared Effective Immediately. All contingencies and conditions relating to the effective dates of Ordinance Nos. 694, 696 and 699 are fulfilled and accomplished, and said Ordinances are declared effective immediately this 27th day of April 1998 pursuant to state law and City Charter. 3. Development Agreement Declared Effective Immediately. The Battle Ridge Development Agreement is hereby declared to be effective this 27th day of April, 1998 because all conditions precedent and contingencies relating to its approval are now fulfilled. 4. Mayor and City Clerk Authorized to Sign Ordinances and Agreement. Since all contingencies relating to Ordinance Nos. 694, 696, and 699 and the Battle Ridge Development Agreement are fulfilled, and said documents are effective, the Mayor and City Clerk are authorized to execute said Ordinances and Agreement. Ordinance No. 695 is declared not effective because of the adoption of Ordinance 699, and if declared effective for this reason, this City Commission declares Ordinance No. 695 inconsistent with the provisions of Ordinance No. 699 and the provisions of said Ordinance No. 699 shall prevail. 5. Transmittal of Battle Ridge Plan Amendment. Staffis directed and authorized to transmit the Battle Ridge Plan Amendment and supporting documents to the Florida Department of Community Affairs in accordance with the requirements of Chapter 163, Florida Statutes. 6. This Resolution to be Recorded and Posted. To assure public notice of all actions relating to the Battle Ridge Property, a copy of this Resolution shall be recorded in the Public Records of Seminole County, Florida In addition, the City Clerk is directed to post a copy of this Resolution in City Hall for a period of at least thirty (30) days. DONE AND RESOLVED THIS ~DAY OF APRIL, 1998. Attest: \ i cJ\.lo lL- M Margo Ho~kins City Clerk 3