HomeMy WebLinkAbout1998 04 27 Regular Item D
C()MMISSION AGENDA
Il'EM D
Regular XX
Consent
Info rma tional
April 2:7, 1998
Meeting
MGR.M
ID~_
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: 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 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 effective. Resolution No. 843 also directs that Ordinance No. 695 be
transmitted to the Department of Community Affairs as required by
Chapter 163, Florida Statutes.
APPLICABLE LA'.v 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 27, 1998
REGULAR AGENDA ITEM D
Page 2
3. Rule 9J-ll, 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, 1998, 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
propE:rty was in response to issues raised by the general public, the City of
Oviedo and Seminole County officials at various public hearings on this
matter.
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 27, 1998
REGULAR AGENDA ITEM D
Page 3
RECOMMENDATION:
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:
RESOLUTION NO. 843
A RESOLUTION OF THE CITY COMMISSION OF lEE CITY OF WlNTER. SPRlNGS
FLORIDA, DECLAR1NG THAT All CONTINGENCIES HAVE BEEN FU!.FII..I..E:O
RELATING TO TEE ADOPTION AND EFFECTIVE DATES OF WlNTER. SPRINGS
ORDINANCES NOS. 1594, 695 AND 696, AND THE ADOPTION OF THE BATTLE RlDGE
DEVELOPMENT AGREEMENT FINDING THAT VARIOUS CHANGES TO ORDINANCE
NO. 695 DESIGNATING A PORnON OF BATTLE RIDGE PROPERTY .CONSER.V AnON"
PURSUANT TO THE CITY COMPREHENSIVE PLAN HAVE BEEN CONSIDERED;
FINDING mAT CONSIDERATION OF THE CONSERV AnON LAND USE DESIGNATION
RELATED DIRECTLY TO ISSUES RAISED BY lEE PUBLIC DURING mE PUBUC
HEARING PROCESS AND ISSUES RA.ISED BY THE CITY OF OVIEDO AND SEMINOLE
COUNTY THROUGH INTERGOVERNMENTAL COORDINATION ACTIVInEs;
DlBECI'lNG STAFF TOIRANSMlT mE NOW EFFECTIVE ORDINANCE NO. 695 TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS PURSUANT TO CHAPTER. 163,
FLORIDA STAltJTES; PROVIDING P'OR AN EFFECTIVE DATE.
PREMISE..~
WHEREAS, the property owner of the 296.96 acre property genaally called the"BattIe 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 OfWmter
Springs; and .
WHEREAs the Ci1;y has determined the Property to be acceptable for annexation and eliglble
for municipal services as rc~quired 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 ~etlan.ds area of
any state or federal enviroIlmental regulation agency; and
WHEREAS, the property owner made voluctary annexation of the property contingem upon
an initial zoning ofR-l~ One Family Residential; and
WHEREAs, the CitJr and the property owner made annexztion of the Battle Ridge Property
contingem upon memorializlltion of the various dates, responsibilities, obligations and public policy
land use determination in a ,development agreement; and
WBEREAs. the land: use ti~W':lI1iOD of the Battle Ridge Property was originally transmitted
to the Florida Department of Cnmmtmity Af&i.rs, the State Land & PlanniIJg Agency on February 26.
1996; and
WHEREAs, the City and the Property Owoer have expended substantia! amounts of time,
c:ffiJrt, and ecpert.ise in respoIlding to issues raised by the commentS from the state agency and nearby
residents as weD as the City of Oviedo and Seminole County; and
WHEREAS, aU issues have been effectively addressed in rC3ponse 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 PrOF'erty during the time period April, 1996 through December, 1996; and,
'WHER.EAs. public hearings on the Battle Ridge Annexation Ordinance (Ordin~e No 694),
the Comprehensive Plan Amendment Qrdina1]r.P. (Ordinance No. 695), the initial city zoning ordinance
(Ordinance No. 696),and the Battle Ridge Development Agreement were noticed, held and
considered at various tilnes in January, February and March, 1998; and,
WHEREAs, substantial public comment was received at each of the public hearings; and
'WHER.EAs. certain changes to the matters relating to the Battle Ridge property were made
by the City COmmic:siOIL in response to public comment to the annexation, Comprehensive Plan
Amendment and initial ;~oning ordil'!"nces, and the Development Agreement for the Battle Ridge
Property; and,
WHEREAs, at l~ public hearing and adoption action relating to Ordinance No 694,
Ordinance 695, OrdinanCl: 696. and the Rattle Ridge Development Agreemem, it was noted for the
record tlut 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 Whion 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 e:ffective date of Ordinance No. 696, and the Battle Ridge Development
Agreement was approved l::ontingem upon adoption and the cifective date of Ordinance No.696; and,
WHEREAs, on lanuary 26, 1998 the public hearing on Ordinance No. 696 was continued
until February 9, 1998, to i!SSUI'e proper advertising. public notice and fun public pamdpation; ~
WHEREAS, on :F'ebruary 9, 1998, Ordinance No. 696 was adopted with an effective date
contingent upon a recon.sicL~on ofilie comprehensive plan future land use map designation for the
environmentally sensitive Jurisdictional wetla:ads portion of the Battle Ridge Property; and,
WHEREAs, the re:onsi4entio.n of Ordinance No. 695 and review of the issue of desigoiDg
a portion of the Battle Ridge Property .comervationlt 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 bearings on the Battle Ridge Property, and
WHER.EAs. reconsideration of Ordinance No. 695 occurred on March 23, 1998 in a public
hearing conducted by the C:ity Commission; and
'WHE.R.EAs, an coDl~encies relating to Ordinances Nos. 694, 695, and 696, and relating to
the adoption and approval o:t the Battle Ridge Development Agreemem have now been fulfilled and
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accomplished, such ordinances and the Agreement are herein declared to be immediately effective
pursuant to state law ,;md City Charter.
NOW, l.tll!:.REFOE:E BE IF RESOLVED BY THE CITY COM:MISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, AS FOLLOWS:
1. Premis~~ AcloDted. Each and all of the foregoing premises are found and declared
to be true and correct :md are incorporated herein as findings of this Comm;ssion.
2. O~ces DecIareg Effective lmmediately. 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 pumumt to state law and
City Charter.
3. Develollment AlUeement Declared Effective Immediately. The Battle Ridge
Development A8reemc:al: is hereby declared to be effective this 23rd day of March, 1998 because all
conditions precedent and contingencies relating to its approval are now fuIfined.
4. Mayor and Citv Clerk Authorized to Sign Ordinances and Am-eement. Since all
contingencies re.latiTlg tl) Ordinance Nos. 694, 695, and 696, and the Battle Ridge Development
Agreemem are fulfined, and said documents are effective, the Mayor and City Clerk are authorized
~ execute said Ordinances and Agreement.
5. Transmm'al of Battle RicU!e Plan Amendment. Staifis directed and authorized
to transmit the Battle Ridge Plan Am~em and supporting documents to the Florida Department
of Comnnmtty Affairs in accordance with the requirements ofCbaptcr 163, Florida Statutes.
6. This Resolution to be Recorded and Post~ To assure public notice of all actions
relating to the Battle Ridge Property, a copy of this Resolution sha1I 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 TInS
. DAY OF MARCH. 1998.
Attest:
-
Margo Hopkins City Clerk
Paul P. Partyka
Mayor
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