HomeMy WebLinkAboutResolution 847 Battle Ridge/Comp. Plan
RESOLUTION NO. 847
A RESOLUTION OF THE CITY COJ.\1MISSION OF THE CITY OF WINTER SPRINGS,
FLORIDA, RELATING TO THE BATTLE RIDGE COMPREHENSIVE PLAN AMEND:MENTS;
RATlFYlNG ADOPTION OF ORDINANCES 695 AND 699 WIDLE ACKNOWLEDGING THE
Jl\.1PLEMENTATION DAlES OF SAID ORDmANCES ARE ABATED WHILE STATE LAND
PLANNING AGENCY REVffiW PURSUANT TO SECTION 163.3189, F.S. PROCEEDS;
PROVIDING FOR CONFLICTS 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 "effective dates" language
of said plan amendment ordinances; and
WHEREAS, to allay 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 ExhIbit "A" to this Resolution and by this referenced
incorporated herein.
(B) The city commission of the City ofWmter Springs acknowledges and agrees that these
state law requirements are 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 (approximateiy 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
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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 City's comprehensive plan,
then as a matter of law. Ordinance No. 696 will never be effective "in accordance with state law"
4. Ordinance 695 and 699 Adooted and Ratified The city commissioner specifically
declares Ordinances 695 and 699 to be adopted ordinance of the city ofWmter Springs, with said
ordinance 695 and Ordinance 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 Department of Community Affairs for a
compliance determination pursuant to state law. Only adopted ordinances amending the Cit)ls
comprehensive plan receive a compliance determination, but the City Commission of the City of
Winter Springs hereby declares and acknowledges:
(a) Comprehensive plan amendment ordinances cannot be implemented by the City until
the compliance determination 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 Battle 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., comprehensive review process (see Section 163.3229, F.S.)
6. ;Resolution Intended to Suoport 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 - Arrj and all resolutions or parts thereofin 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.
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DONE AND RESOLVED THIS
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8th
JUNE
DAYOF~. 1998.
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