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HomeMy WebLinkAbout2006 09 11 Public Hearing 203 Heidish Lot Split COMMISSION AGENDA ITEM 203 Public Hearing September 11, 2006 Meeting Mgr. Dept. REQUEST: Community Development Department requests that the Commission approve the Heidish lot split, and authorize its recordation. PURPOSE: The purpose of this agenda item is to approve and authorize recordation of the Heidish lot split (Resolution No. 2006-47), along with the associated conservation easement. The applicant wishes to divide an existing 4.72acre parcel (Lot 8, Block A, North Orlando Ranches, Section 3, recorded in Plat Book 12, pages 34 of the public records of Seminole County, Florida) into 2 lots, one 2.33 acre lot and one 2.39 acre lot. APPLICABLE CODE: Section 9-1. Definitions. Section 9-2. Division of land; City Commission approval required. Section 9-3. Dividing platted property. Section 9-4. Waiver to subdivision requirements. Section 9-10. General Criteria for Approval. Section 9-11. Lot Splits. Chapter 20. City Code Comprehensive Plan Section 2(b), Article VIII, of the State Constitution Chapter 177, Florida Statutes. Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent). Ordinance No. 2006-11 CONSIDERATIONS: The 4.72 acre site is located on the west side of South Moss Road, south of Bahama Road. The site has a Rural Residential Future Land Use designation and RC-I zoning. The west side ofthe site abuts the Foxmore East subdivision, which has R-lAA zoning. The site contains wetlands (FDEP correspondence, dated 06/13/06), which, in conjunction with a 25' upland buffer, September 11, 2006 Public Hearing Agenda Item 203 Page 2 are to be addressed through a conservation easement to the City. Potable water and sanitary sewer are available to the site. The site has been posted, to notify the public of the proposed lot split (although not required by Code). Staff has reviewed the application and believes that the application is consistent with all of the criteria set forth in Section 9-10 (General Criteria for Approval): (a) The application is in compliance with the provisions of this chapter and applicable law. Yes (b) The application is consistent with the city's comprehensive plan and applicable city master plans. Yes (c) The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city commission. Yes (d) The application does not create any lots, tracts of land or development that do not conform to the city code. Yes (it does not create non- conforming lots) (e) The applicant does not create burdensome congestion on the streets and highways. Yes (it does not create congestion) (f) The application promotes the orderly layout and use of land. Yes (g) The application provides for adequate light and air. Yes (h) The application does not create overcrowding of land. Yes (it does not create overcrowding) (i) The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. Yes (it poses no harm to provision of these services) G) The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. Yes (both lots abut an existing operable public roadway) To demonstrate compliance with Ordinance No. 2006-11 (the new language for Section 9-10 of the City Code), the applicant has determined the size of all the properties within 1,000 feet of the subject site within the RC-I zoning district. The arithmetic mean of the total acreage of the 87 lots or parcels was determined to be 1.782 acre (83.756/87=1.782). The new lots are approximately 31 to 34 percent larger than the arithmetic mean within 1,000 feet. Both have ample developable area outside of the wetlands and upland buffer. 2 September 11, 2006 Public Hearing Agenda Item 203 Page 3 The lot split is also consistent with Section 9-11 (Lot Splits). No new streets or other public infrastructure improvements are required that warrant an engineered subdivision plan. . FINDINGS: 1. The lot split is consistent with the Comprehensive Plan. 2. Staff believes the application is consistent with sections 9-10,9-11, and other applicable City Code provisions, including Ordinance No. 2006-11. 3. The City staffhas reviewed the lot split and recommends approval, subject to (1) the City Attorney's review and approval of the surveys and title opinion. The applicant must make any changes or provide any additional information required by the City Attorney, prior to execution and recordation. The applicant must pay for recordation and the City's copies of the plat before recordation. RECOMMENDATION: Staff recommends that the City Commission approve and authorize recordation of the Heidish lot split, subject to (1) the City Attorney's review and comments and (2) the applicant to pay for recording the lot split resolution and conservation easement. ATTACHMENTS: A Location map B Sketch & Description C Lot Split Resolution & Conservation Easement (provided by City Attorney) COMMISSION ACTION: 3 ATTACHMENT A Developed By: Southeastern Surveying & Mapping Corp. ATTACHMENT B PROPOSED LEGAL. DESCRIPTlON (CONSERVATION EASEMENTS) (WRITTEN BY THIS SURVEYOR) CONSERVATION EASE"ENT FOR PARCEL -A- A PORTION Of LOT I, BLOCK A, NORTH ORLANDO RANCHES, SECTION :5, ACCORDING TO THE PlAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 34. IN THE PUIUC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: IEGlN AT THE SOUTHWEST CORNER OF LOT .. BLOCK A, NORTH ORLANDO RANCHES. SECTlON 5. ACCORDING TO THE P1..AT THEREOF AS RECORDED IN PLAT BOOK 12. PAGE , IN THE PUBUC RECORDS OF SEMINOLE COUNTY. FLORIDA; THENCE RUN 1400'05'01 ALONG THE WEST LINE OF SAID LOT I. A DISTANCE OF 101,7' FEET; THEN S80'50"7, A DISTANCE OF 214.21 FEET; THENCE S5V51',1"W, A DISTANCE OF 5.27 FEET; THENCE sor"'47-E. A DISTANCE Of 46.11' nn; THENCE S28"21"3-E. A DISTANCE Of' 41.09 FEET; THENCE S77"9'2:5-E, A DISTANCE Of 40,42 FEET; THDICE "2'OI'27-E, A DISTANCE Of llU.a fttTi THENCE S......OI.~-E. A DISTANCE Of 55.-" FEET; THENCE S7t1"O,'51-E, A DISTANCE Of 51.57 FEET; THENCE "1'12'21-E. A DISTANCE Of 50.42 fEET; THEfrtCE S7:5",55'17-E. A DISTANCE Of ......12 FEET TO A POINT ON THE EAST UNE Of' SAID LOT a AND THE WESfERl.Y lIGHT or WAY UN( OF' wass ROAD, SAlO POINT ALSO BEING ON THE ARC Of A CURVE CONCA'IE wtSTtR1..Y HAYING A RADIUS or 15112.40 FEET. A CHORD BEARING or SOI'05'2'-E AND A CHORD DISTANCE OF' 74.0:5 rEET; THENCE RUN SOUT\CRLY ALONG THE ARC Of SAID CAURVE AND THE WESTERLY liGHT OF WAY UNE OF NOSS ROAD. THROl.IOH A CENTRAl ANGLE Of 05"02'47-. A DISTANCE or 74.04 FEET TO THE SOUTHEAST COltNER Of' SAID LOT a; THENCl: N71o,,'24"W. ALONG THE SOUTH UN[ Of UIO LOT I. A DISTANCE Of 650.7. rEET TO THE J'OINT or BEGINNING. CONSERVAnDN EASEMENT FOR PARCEL -1- A PORTION OF LOT I, BlOCK A. NORTH ORLANDO ftAt4CH&:S. SECTlCIN 5. ACCORDING TO THE PLAT THl:IIlEOr AS RECORD 1M FLAT BOOK 12, PAGE 34. IN THE PUBlIC RECORDS OF' SENINOLE COUNTY. FLORIDA, 8ElNG ..OlliE PARTICULARLY DfSCRIBED AS FOLLOWS: CO....ENCE AT THE SOUTHWEST COIllNEIIl Of' LOT I. BLOCK A, NORTH ORLAffDO RAMCHES. SE:CTI0N 3. ACCORDtNG TO THE PlAT THEREOf AS RECORDED IN P1..AT lOOK 12, PAGE 34, 1M THE PUBUC RECORDS or SEMIMOLE COUNTY. FLORtoA; THEt4CE RUN NOO"05'0II-W AL.OMC THE WEST UNE Of SAID LOT I. A DISTANCE Of' 1011.71 FEET TO THE POINT or BEGINNING; THENCE S80'30'07-[. A DISTANCE Of' 274.21 f'EET: THENCE 14311"3"51-[, A DISTANCE or 71.17 FEET; THEMCE N55"02'04-E. A DISTANCE or M1.87 FEET; THENCE 1402'17'05-[, A DISTANCE OF 1:5.02 FEET TO A POINT OM THE NORTH UNE Of SAID LOT a; THENCE Se3"4"OO"W. ALOMG THE I<<lRTH UNE Of' SAID LOT I. A DISTANCE Of 211.41 FEET; THENCE sero4'51-W. ALONG THE NORTH UNE Of' SAID LOT a. A DlSTANCE OF 333.51 FEET TO THE NORTHWEST CORNER or SAID LOT It THENCE SOO'DS'OS\-E, AlONG THE WEST UME OF SAID LOT a, A DISTANCE Of' 144.58 FEET TO THE POINT Of' BEGINNING. .---, , , , , , , , , , , , , : ' :- i'- I : _-:~~oc:.. ~. PAIlCJlL '1( ---- ____*1"_ i t.. I --_ I --_ : ------- I -__ ......--' -- .. .., 7!1l!:r. \-- -"'\ ..,.... \ ~ .~ '&!" '\\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ -1:1 ~- ~- --------- -------------- --------- ...... .......................... ---- -----...~..;:::..":.:~ -----------...- &lA' CUM talGTH C1 521. C2 " ~CI'___ -- .IAMFS HElDISH f' PARENT PARCtL LEGAL OESCIIPTION (PROVIDED BY CU~T) LOT e, BLOCK A, NORTH ORlANDO RANCHES, SECTION 5. ACCORDING TO THE PLAT THEREOf' AS RECORDED 1M PlAT BOOK 12. PAGE 34. IN THE PUBLIC RECORDS Of' SE..lNOLl COUNTY, f'LORIDA. PROPOSED LlGAL OESCIIPTlONS (LOT SPUTS) (WRlTTEt4 BY THIS SURYEYO<<) PARCEL -A- I. PORTION OF LOT I. aocK A, NORTH OfILANDO RANCHES, SECTION 3. ACCOR04NG TO THE PLAT THEREOf' AS RECOftDEO 1M PLAT BOOK 12, PAGE 34. IN THE PU8UC RECORDS or SE..lNOLE COUNTY', rLORlDA. BEING ..ORE PARTICULARlY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORttER OF' LOT I, ILOCK ... NORTH ORLANDO RANCHES. stCTlON :5, ACC:ORDlNG TO THE PLAT THEREOF AS RE~DED IN PLAT BOOK 12, PAGE 34. 1M THE PUIUC RECORDS OF StMINOLE COUNTY. F1.ORIDA; THENCE RUN NOO'05'OII-W AlONG THE WEST UME OF SAID LOT I. A DlSTAflCE Of 109.7' fEET; THENCE 510"30'57"E, II DISTANCE OF 511.70 FEET; THENCE N7r15'<<-E. A D1STAMCE or 204.21 FEET TO THE EAST UME Of' SAID LOT a Af4D THE WEST RIGHT Of' WAY UNE Of MOSS ROAD. SAID POINT ALSO IEING ON THE ARC Of It CURVE CONCAVE WESTERLY HAVING A RADIUS Of' 1312.40 FEET AND A CHORD IEARlNG or 510'42'51-E; THtNCE RUM SOUTHERLY ALONG THE ARC OF SAID CURVE, THE EAST UNE Of SAID LOT e AND THE WEST RIGHT Of WAY UME Of' NOSS RO.M). A DtSTANCE OF 2111.51 FEET TO THE SOUTHEAST COMER Of' SAID LOT a; THEHCI: N7103I'24"W. ALONG THE SOUTH LINE Of' SAID LOT e, A DISTANCE OF 150.71 rEET TO THE POIHT Of' .GlNNING. PARCEL -.- A PORTION Of LOT a. "OCK .... MORTH ORU.NDO RANCHES. SECTION 3, ACCORDING TO THE PLAT THEREOF' AS RECORDED IN PLAT lOOK 12, PAGE 34. IN THE PUBUC RECOROS Of SEMIHOLE COUMTY. FLORIDA. KING "ORE PARTICULARLY DESCllBED AS FOUOWS: LOT e, BLOCK A, NORTH 0RI....4M00 RANCHES. SECTION 3. ACCORDING TO THE PlAT THEREOf AS MCORDED IN PLAT BOOK 12. PAGE 34. 1M THE PU"'C RECORDS Of' SEVIMOLE COUNTY. F'LOInDA, LESS: BEGlM AT THE SOUTNWtST CORNER Of' LOT a, 8L.OCK .... NORTH ORlANDO RANCHES. SECTION 5. ACCORDI"G TO THE PLAT THEREOf' AS RECORDED 1M PLAT BOOK 12, PAGE 34, IN THE PUBUC RECORDS OF SEMINOLE COUNTY. FLORIDA; THENCE RUM MOO'O,'OlI-W AlONG THE WEST UN[ OF' SAID LOT e. A DISTANCE Of' 101.79 rEET; THENCE 5&O'30'57-E. A DISTANCE Of Hf.70 f'EET; THENCE N7V15'<<-E. A DISTANCE Of 204.21 FEET TO THE EAST UN[ Of SAID LOT a ANO THE WEST RIGHT Of WAY UNE Of' lltOSS ROAD. SAID POINT ALSO IEIMG ON THE ARC Of' A CURVE CONCAVE WESTERLY HAVlfrtO A RADIUS Of' 13'2.40 F[ET AND A CHOR~ BEARING OF' SI0'42'31-E; THENCE ItlIN SOUTHERlY ALONG nlE ARC OF SAID CURVE, THE EAST UNE OF SAID LOT I AND THE WEST RIGHT OF .AY UME Of' "OSS RO.M), A DiSTANCE Of 21a.51 FEET TO THE SOUTHEAST CORNE" OF SAID LOT a: THENCE N71.3I'24-W. ALONG THE SOUTH UNE Of' SAID LOT I, A DISTANCE OF 150.71 f'EET TO THE I'"OIMT or BEGINNING. > ~ ~ > n == ~ ~ ~ ~ t:C ,.OI&Y____ __A_IF__. ..--...---- ....,--.....-......,., ....-__..._'11..' ..._~....._-- --- ::i'i.J.O:::=..:;j ----...-.... ~_c:_ ~~_.... e- NORTH ORLANDO RANCHES SECTION #1 AND #3 SAME COLOR DENOTES SAME ZONING FROM: JAMES HEIDlSH, OWNER SUBJECT: LOT SPLIT FOR LOT 8, BLOCK A NORTH ORLANDO RANCHES SECTION 3 PARCEL # 03-21-30-SBJ-OAOO-0080 CONCERNING AVERAGE LOT SIZE WITHIN 1000 FEET OF SUBJECT PROPERTY NORTH ORLANDO RANCHES. SECTION 1 BLOCK A LOT 3 LOTD LOTC LOTB LOT A LOT 1 LOT 2 B LOT 3 LOT 2 B LOT 1 LOT 1 A SECTION 1 BLOCK B LOT 3 A LOT 4 A LOT 40 LOT 5 LOT 60 LOT 6 A LOT 6 B LOT 70 LOT 7 A LOT 80 SECTION 1 BLOCK C LOT 2 LOT 3 LOT4A LOT 40 LOT 1 LOT 2 LOT 3 LOT 60 LOT6A 1.022 ACRES 1.0 ACRES 1.01 ACRES 1.0 ACRES 1.02 ACRES 2.019 ACRES 1.492 ACRES 1.247 ACRES 1.4 ACRES 1.48 ACRES 1.02 ACRES 2.0 ACRES 3.67 ACRES 1.84 ACRES 5.518 ACRES 1.567 ACRES 2.031 ACRES 1.565 ACRES 1.825 ACRES 1.827 ACRES 3.652 ACRES 3.121 ACRES 3.121 ACRES 1.964 ACRES 2.103 ACRES 2.273 ACRES 1.0 ACRES 1.167 ACRES 1.842 ACRES 1.842 ACRES FORMERLY LOT 5 NOW MORIE SUB. REPLA T FORMERLY LOT 5 NOW MORIE SUB. REPLA T FORMERLY LOT 5 NOW MORIE SUB. REPLA T NORTH ORLANDO RANCHES SECTION 3 BLOCK A LOT 106 B 2.48 ACRES LOT 8 P 2.33 ACRES LOT 8 P 2.39 ACRES LOT 7 1.71 ACRES LOT 6 A 1.05 ACRES LOT 60 1.77 ACRES LOT 5 .7 ACRES SECTION 3 BLOCK B LOT 1 LOT 2 LOT 3 LOT4 LOT5A LOT 50 LOT 60 LOT6A LOT8A LOT 80 FROM DIFFERENT PLAT 1/2 OF SUBJECT PROPERTY LOT SPLIT 1/2 OF SUBJECT PROPERTY LOT SPLIT FORMERLY 2.4 ACRES SPLIT X 5 AND REPLA TTED 1.21 ACRES 1.6 ACRES 1.53 ACRES 1.86 ACRES 1.15 ACRES 1.1 ACRES 1.1 ACRES 1.1 ACRES 1.84 ACRES 1.0 ACRES 83.756 ACRES TOTAL 47 LOTS TOTAL 1.782 ACRES AVERAGE PER LOT