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HomeMy WebLinkAbout1998 03 23 Regular Item F COMMISSION AGENDA ITEM F CONSENT REGULAR X INFOR~ION~AL MGR& IDEPT Authorization f{~ March 23, 1998 Meeting REQUEST: The City Manager request the City Commission adopt Resolution No. 843 (following a decision regarding the Battle Ridge Comprehensive Plan designation Ordinance No. 695) a Resolution formally declaring the various contingencies in Ordinance(s) No. 694 (Annexation), 695 (Comprehensive Plan Designation) and 696 (initial zoning)) and the Battle Ridge Development Agreement fulfilled) and said ordinances and Agreement are declared to be effective. PURPOSE: Ordinance(s) No(s). 694 (Battle Ridge Property Annexation), 695 (Comprehensive Plan Amendment designation), and 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 Resolutions indicate that upon reconsideration of the Ordinance 695) that all contingencies relating to the Ordinance and approval of the Agreement are fulfilled and said Ordinances and Agreement are effective. The Resolution shall be recorded in the Public Records of Seminole County, The Resolution also directs that Ordinance 695 be transmitted to the Department of Conununity AffiUrs as required by Chapter 163, Florida Statutes, [The Resolution is being prepared and will be available by Wednesday, March 18, 1998]. APPLICABLE LAW AND PUBLIC POLICY: 1. Section 166,041, Florida Statutes, and Section 4.15) City Chapter 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. 3. Rule 9J-11 , Florida Administration Code requires that plan amendment be transmitted including supporting documentation, CONSIDERA TIONS~ 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 effective date of Ordinance No, 696. On January 26, 1998, the public hearing on Ordinance 696 was continued until February 9, 1998 to assure proper advertising and full public participation, 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 designation for the environmentally sensitive portion of the Battle Ridge property). The reconunendation of Ordinance No 695 and review ofa conservation land use designation for a portion of the Battle Ridge property was in response to issues raised by the public, City of Oviedo and Seminole County Officials at various public hearings on this matter. Recommendation of Ordinance No, 694, 695, and 696, and relating to adoption of the Battle Ridge Development Agreement. FINDINGS: All contingencies relating to the effective dates in Ordinances Nos, 694, 695, and 696 are fulfilled and said Ordinances are declared effective pursuant to state law and City Charter. The Battle Ridge Development Agreement is effective because all contingencies relating to its approval are fulfilled. Many of the Contingencies relate to issues raised by the public and the City of Oviedo and Seminole County in response to intergovernmental coordination overtures. RECOMMENDA TIONS: Consider and adopt the attached Resolution declaring all contingencies set forth in Ordinance No. 694,695 and 696 and the adoption of the Development Agreement fulfilled and ratifying said adoption(s) or action(s). RESOLUTION NO. 843 A RESOLUTION OF THE CITY CONIMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, DECLARING THAT ALL CONTINGENCIES HA VB BEEN FULFILLED RELATING TO THE ADOPTION AND EFFECTIVE DATES OF WINTER SPRINGS ORDINANCES NOS, 694, 695 AND 696, AND THE ADOPTION OF THE BATTLE RIDGE DEVELOPMENT AGREEMENT FINDING THAT V ARlOUS CHANGES TO ORDINANCE NO. 695 DESIGNATING A PORTION OF BATTLE RIDGE PROPERTY "CONSERVATION" PURSUANT TO THE CITY COMPREHENSIVE PLAN HAVE BEEN CONSIDERED; FINDING TIIAT CONSIDERATION OF THE CONSER V A TrON LAND USE DESIGNATION RELATED DIRECTLY TO ISSUES RAlSED BY THE PUBLIC DURIN'G THE PUBLIC HEARING PROCESS AND ISSUES RAISED BY THE CITY OF OVIEDO AND SE~OLE COUNTY THROUGH INTERGOVERNMENTAL COORDINATION ACTIVITIES; DI&ECTING STAFF TO 1RANSWT THE NOW EFFECTIVE ORDINANCE NO. 695 TO THE FLORIDA DEPARTMENT OF CO:MMUNITY AFFAIRS PURSUANT TO CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. PREMISES WHEREAS, the property owner of the 296.96 acre property generally called the"BattIe 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 detennined 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 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 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 of R-l A, 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 Cormnunity 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 ofth'e comprehensive plan future land use map deSignation for the environmentally sensitive jurisdictional wetlands portion of the Battle Ridge Property; and, WHEREAS, the reconsi4eration of Ordinance No. 695 and review of the issue of designing 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, reconsideration of Ordinance No, 695 occurred on March 23, 1998 in a public hearing conducted by the City Commission; and WHEREAS, all contingencies relating to Ordinances Nos. 694, 695, and 696, and relating to the adoption and approval of the Battle Ridge Development Agreement have now been fulfilled and 2 -- accomplished, such ordinances and the Agreement are herein declared to be immediately effective pursuant to state law and City Charter. NOW, THEREFORE BE IF RESOL YED BY THE CITY COM:MlSSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: 1. Premises Adooted. 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, 695, and 696 are fulfilled and accomplished, and said Ordinances are declared effective immediately this 23rd day of March 1998 pursuant to state law and City Charter. 3. Deve100ment Agreement Declared Effective Immediately. The Battle Ridge Development Agreement is hereby declared to be effective this 23rd day of March, 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, 695, and 696, and the Battle Ridge Development Agreement are fulfilled, and said documents are effective, the Mayor and City Clerk are authorized ~o execute said Ordinances and Agreement. 5. Transmittal of Battle Ridge Plan Amendment, Staifis directed and authorized to transmit the Battle Ridge Plan Amendment and supporting documents to the Florida DepartIllent 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 pO'51 a copy of this Resolution in City Hall for a period of at least thirty (30) days. DONE AND RESOLVED TInS ~DA Y OF MARCH, 1998. Attest: Margo Hopkins City Clerk Paul P. Partyka Mayor 3