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Home My WebLink About1998 04 27 Regular Item A lCOMMISSION AGENDA ITEM A REGULAR X CONSENT INFORMATIONAL April 27, 1998 Meeting REQUEST: The Community Development Department - Planning Division requests the City Commission hold a second public hearing and adopt Ordinance 699 to revise Ordinance No. 695 to redesignate the jurisdictional wetlands of the Battle Ridge Property from "Lower Density Residential" to "Conservation" on the Future Land Use Map. PURPOSE: The purpose of this Board Item is to request the Commission hold a second public hearing to revise Ordinance No. 695 concerning the Battle Ridge large scale comprehensive plan amendment. Ordinance 695 changed the future land use designation of the Battle Ridge Property from Gounty "Suburban Estates" (1 DU per acre) to City "Lower Density Residential" (1,1 to 3.5 DU per acre). Ordinance 699 redesignates the jurisdictional wetlands from "Lower Density Residential" to "Conservation" on the Future Land Use Map. This proposed action is in response to the request by Seminole County and the City of Oviedo. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3184(7) Florida Statutes which state in part "The local government shall review the: written comments submitted to it by the state land planning agency, and any other person, agency, or government. Any comments, recommendations, or objections and ;any reply to them shall be public documents, a part of the permanent record in the matter, and admissible in any proceeding in which the comprehensive plan or plan amendment may be at issue. The local government, upon receipt of written comments from the state land planning agency, shall have 120 days to adopt or adopt with changes the proposed comprehensive plan or 163,3191 plan amendments, In the case of comprehensive plan amendments other than those proposed pursuant to 163, 3191, the local government shall have 60 days to adopt the amendment, adopt the amendment with APRIL 27,1998 AGENDA ITEM A Page 2 changes, or determine that it will not adopt the amendment. The adoption of the proposed plan amendment or the determination not to adopt a plan amendment, other than a plan amendment pursuant to 163,3191, shall be made in the course of a public hearing pursuant to subsection (15). . ." CONSIDERA TIONS: 1. The City Commission, at its January 26, 1998 meeting adopted Ordinance 695 concerning the large scale comprehensive plan amendment for the Battle Ridge Property changing the future land use designation from county "Suburban Estates" (1 DU per acre) to City "Lower density Residential" (1.1 to 3,5 DU per acre). 2, The City Commission, at its January 26, 1998 meeting, adopted Ordinance 694 concerning the annexation of the Battle Ridge Property. 3. The City Commission, at its January 26, 1998 meeting, adopted the Development Agreement concerning the Battle Ridge Property subject to clarifying statements and adjustments made (at that meeting) and subject to the adoption of Ordinance 696 (rezoning of the property) in the future. 4. The original approval of the annexation ordinance (694), the plan amendment ordinance (695), and the development agreement were each made contingent upon the adoption and effective date of the initial rezoning ordinance (696). 5. The initiial rezoning ordinance (696) is not yet effective because it was made contingcmt upon reconsideration of the comprehensive plan designation. 6. When ordinance (699) is considered and acted upon, all contingencies of the other three (3) actions: annexation, rezoning, and development agreement will have been fulfilled. 7. The county and the City of Oviedo have requested that the jurisdictional wetlands portion of the Battle Ridge Property be formally designated "Conservation" on the City's Future Land Use Map, 8. The applicant has notified DCA that he will designate the large wetland area as "Conservation" and will give over to a responsible agency this large wetland area for future protection and conservation, APRIL 27, 1998 AGENDA ITEM A Page 3 FUNDING: No funds are required from the City. FINDINGS: 1. The City Commission, at its January 26, 1998 meeting adopted Ordinance 695 concerning the large scale comprehensive plan amendment for the Battle Ridge Property changing the future land use designation from county "Suburban Estates" (1 DU per acre) to city "Lower density Residential" (1.1 to 3,5 DU per acre). 2. The City Commission, at its January 26, 1998 meeting, adopted Ordinance 694 concerning the annexation of the Battle Ridge Property. 3. The City Commission, at its January 26, 1998 meeting, adopted the Development Agreement concerning the Battle Ridge Property subject to clarifying statements and adjustments made (at that meeting) and subject to the adoption of Ordinance 696 (rezoning of the property) in the future, 4, The county and the City of Oviedo have requested that the jurisdictional wetlands portion of the Battle Ridge Property be fonnally designated "Conservation" on the City's future Land Use Map, 5. The applicant has notified DCA that he will designate the large wetland area as "Conservation" and will give over to a responsible agency this large wetland area for future protection and conservation, 6. The City Commission approved the first reading of proposed Ordinance 699 at its regular meeting of April 13, 1998, RECOMMENDATION: Staff recomm~:nds the City Commission hold a second public hearing and adopt Ordinance No. 699, to redesignate the jurisdictional wetlands of the Battle Ridge Property from "Lower Density Residential" to "Conservation" on the Future Land Use Map, based on the findings indicated above. APRIL 27, 1998 AGENDA ITEM A Page 4 IM:PLEMENTA TION SCHEDULE: The ordinance ":shall become effective at the expiration of thirty (30) days after adoption or at any date specified therein" (in the ordinance) [per Section 4,lS(c) City Charter]. ATTACHMENTS: 1. General Area of Wetlands on the Battle Ridge Property. 2. Ordinance No, 699 COMMISSION ACTlON: \ ( ~ ORDINANCE NO. 699 J~ ORDINANCE OF THE CITY COMMISSION OF ~~HE CITY OF WINTER SPRINGS, FLORIDA, C:HANGING THE FUTURE LAND USE MAP DESIGNATION OF THAT PORTION I:APPROXIMATELY 256 ACRES DESIGNATED AS ,:rURISDICTIONAL WETLANDS) OF THE 296.96 J~CRE PARCEL OF LAND, ALSO KNOWN AS "THE nATTLE RIDGE PROPERTY AS DESCRIBED IN ORDINANCE 694 FROM "LOWER DENSITY ltESIDENTIAL" TO "CONSERVATION" ON THE lruTURE LAND USE MAP PURSUANT TO :lL71.044(1) (2) and 166.041 FLORIDA nTATUTES; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHERE1~S, the applicant, Battle Ridge Companies, Inc., has petitioned the City to be annexed into the City, and has been annexed in1:o the City through passage of Ordinance 694 by the City commission on January 26, 1998. WHEREAS, Seminole County and the City of Oviedo have requested the City redesignate the jurisdictional wetlands of the Battle Ridge Property from "Lower Density Residential" to "Conservation" on the City'S Future Land Use Map. WHERE1~S, the Battle Ridge Companies, Inc. has indicated to the City Commission in public hearing its willingness to allow the! jurisdictional wetlands to be designated conservation, and has also informed the Florida Department of community Affairs of same. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDl~INS; SECTION I - That the City of Winter Springs hereby changes the Future Land Use Map designation of the jurisdictional wetlands on the Battle Ridge Property from "Lower Density Residential" (1.1 to 3.5 DU/acre) to "Conservation" on the City's Future Land Use Map. SECTION II - If any section or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION III - That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION IV - This Ordinance shall take effect immediately upon adoption, in accordance with 166.041(4) Florida Statutes, and section 4.15(c) City Charter of city of winter Springs. PASSED AND ADOPTED this_day of , 1998. CITY OF WINTER SPRINGS PAUL P. PARTYKA, MAYOR ATTEST: CITY CLERK FIRST READING POSTED SECOND READING AND PUBLIC HEARING