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Home My WebLink About1998 04 13 Regular Item E \ ClOMMISSION AGENDA I1LEM E Regular XX Consent Informational Aprill3, ] 998 Meeting MGR. a~ ~ REQUEST: The Community Development Department - Planning Division requests the City Commission adopt resolution No. 843 declaring that all contingencies have been fulfilled related to the adoption and effective dates of Ordinance No. 694 (Battle Ridge property annexation), Ordinance No. 695 (Comprehensive Plan Amendment Designation), Ordinance No. 696 (initial zoning), and the Battle Ridge Development Agreement. PURPOSE: Ord:lnance No. 694 (Battle Ridge property annexation), Ordinance No. 695 (Comprehensive Plan Amendment Designation), Ordinance No. 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 Resolution No. 843 indicates that upon reconsideration of Ordinance No. 695, all contingencies relating to the ordinances and approval of the agreement are fulfilled and said ordinances and agreement are (:ffective. Resolution No. 843 also directs that Ordinance No. 695 be tran8mitted to the Department of Community Affairs as required by Chapter 163, Florida Statutes. APPLICABLE LAW AND PUBLIC POLICY: 1. Section 166.041, Florida Statutes, and Section 4.15, City Code of Ordinances 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. April 13, 1998 REGULAR AGENDA ITEM E Page 2 3. Rule 9J-I1, Florida Administrative Code requires that the plan amendment be transmitted including supporting documentation. CONSIDERA TIONS: 1. On January 26, 1998, Ordinance No. 694 and Ordinance No. 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. 2. On January 26, ] 998, the Public Hearing on Ordinance 696 was continued until February 9, 1998 to assure proper advertising and full public participation. 3. 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 amendment designation for the environmentally sensitive portion of the Battle Ridge property. 4. The recommendation 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 general public, the City of Oviedo and Seminole County officials at various public hearings on this matMr. FINDINGS: 1. All contingencies relating to the effective dates in Ordinance No. 694, Ordinance No. 695 and Ordinance No. 696 are fulfilled and said ordinances are declared effective pursuant to state law and City Charter. 2. The Battle Ridge Development Agreement is effective because all contingencies relating to its approval are fulfilled. 3. Many of the contingencies related to issues raised by the general public, the City of Oviedo and Seminole County in response to intergovernmental coordination have been addressed through the adoption of said ordinances and agreement. April 13, 1998 REGULAR AGE1'\DA ITEM E Page 3 RECOMMENDA TION: Staff recommends the City Commission adopt the attached Resolution No. 843 declaring all contingencies set forth in Ordinance No. 694, Ordinance No. 695, Ordinance No. 696 and the Battle Ridge Development Agreement relating to their adoption and effective dates are fulfilled. ATTACHMENTS: Resolution No. 843 COMMISSION ACTION: ........:,;1 .~.:-~. RESOLUTION NO. 843 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, DECLARlNG TIrAT ALL CONTINGENCIES HAVE 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 DESIGNATIN"G A PORTION OF BATTLE RIDGE PROPERTY "CONSERV AnON" PURSUANT TO THE CITY COMPREHENSIVE PLAN HAVE BEEN CONSIDERED; FINDING THAT CONSJDERATION OF THE CONSERV AnON LAND USE DESIGNATION RELATED DIRECTLY TO ISSUES RAlSED BY THE PUBLIC DURING THE PUBLIC HEARING PROCESS AND ISSUES RAISED BY THE CITY OF OVIEDO AND SEMINOLE COUNTY THROUGH INTERGOVERNMENTAL COORDINATION ACTIVITIES; DIRECTING STAFF TO TRANSMIT THE NOW EFFECTIVE ORDINANCE NO. 695 TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS PURSUANT TO CHAPTER. 163, FLORIDA STATUTES; PROVIDING F'oR AN EFFECTIVE DATE. PREMISES WHEREAS, the property owner of the 296.96 acre property generally called the"Battle Ridge Propeny" and descnbed 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 eliglble 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 of low 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 ~et1ands area of any state or federal envirO:rlmental regulation agency; and WHEREAS, the prc:>perty owner made voluntary annexation of the property contingent upon an initial zoning ofR-l~ One Family Residential; and WHEREAS, the City and the property Owner made annexation of the Battle Ridge Property contingent upon memorialli:ation 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 Comrmmity Affairs, the State Land & Planning Agency on February 26. 1996; and WHEREAs, the City and the Property Owner have expended substantial amounts of time, c:ffurt, and elCpertise in respo,nding to issues raised by the comments from the state agency and nearby residents as well as the Cit)/. of Oviedo and Seminole County; and :~..:..?, .-r- .. 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),21I1d the Battle Ridge Development Agreement were noticed, held and considered at various times in January. February and March, 1998; and, \VHEREAs, 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 ;~oning ordinances, and the Development Agreement for the Battle Ridge Property; and, WHEREAS, at I~ch public hearing and adoption action relating to Ordinance No 694, Ordinance 695, Ordinancl= 696, and the Rattle Ridge Development Agreement, it was noted for the record that each adopticm 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 l:ontingent upon adoption and the effective date of Ordinance No.696; and. WHEREA.s, 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 pamcipation; and, WHEREAS, on February 9, 1998, Ordinance No. 696 was adopted with an effective date contingent upon a reconsidl~tion ofilie comprehensive plan future land use map designation for the environmentally sensitive jurisdictional wetlands portion of the Battle Ridge Property; and, WHEREAs. the ret:onsi4eration of Ordinance No. 695 and review of the issue of designing a portion of the Battle Ridgt= Property "conservation" pursuant to the Citys comprehensive plan was in response to issues raised by the public and representatives of the City of Oviedo and Seminole County at various public h,~gs on the Battle Ridge Property, and WHEREAs, recooSideration of Ordinance No. 695 occurred on March 23, 1998 in a public hearing conducted by the City Commission; and WHEREAs, all comingencies 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 " " _. .~f' ~~\f accomplished, such ordinances and the Agreement are herein declared to he immediately effective pursuant to state law and City Charter. NOW, THEREFOE:E BE IF RESOLVED BY THE CITY COMl\1ISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: 1. PTemis~~s Adooted. Each and all of the foregoing premises are found and declared to be true and COrrect :md are incorporated herein as findings of this COmmission. 2. Ordinances Declared Effective Irrnnediately. 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 ofNfarch 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 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 Am-eement. Since an contingencies relating to Ordinance Nos. 694, 695. and 696, and the Battle Ridge Development Agreement are fulfilled, ll:nd said documents are effective. the Mayor and City Clerk are authorized ;0 execute said Ordinances and Agreement 5. Transmitt:i\ of Battle Ridge Plan Amendment. Statfis 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 pO'st a copy of this Resolution in City Hall for a period of at least thirty (30) days. DONE AND RESOLVED nITS . DAY OF MARCH. 1998. - Attest; Margo Hopkins City Clerk Paul P. Partyka Mayor 3