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Home My WebLink About1997 12 08 Regular Item J COMMISSION AGENDA ITEM J REGULAR X CONSENT INFORMATIONAL December 8. 1997 Meeting MGR. IDE~ Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing to approve the second reading and adoption of Ordinance No. 654, to annex a 9.58 acre parcel located on the south side of State Road 434 approximately 2,500 feet east of US. 17/92. PURPOSE: The purpose of this Board item is to request the Commission approve the second reading and adoption of Ordinance No. 654 to annex a 9.58 acre parcel. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 171. 044( 1) Florida Statutes which states "The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of a said municipality that said property be annexed to the municipality." The provisions of 171.044 F.S. which states "Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property." The City has expressed an interest in annexation in the past, (ref 8-14-95 City Commission meeting). DECEMBER 8, 1997 AGENDA ITEM J Page 2 CONSIDERA TIONS: 1. The Staff Report on the annexation request by Lake Irene Investors was sent to the Planning and Zoning Board/Local Planning Agency which included the findings and staff recommendation.. 2. The Planning & Zoning Board/Local Planning Agency held its regular meeting on April 2, 1997 and reviewed the request for annexation. The Board recommended approval of the annexation with the request that staff pursue the annexation of the remainder portion of the Lake Irene Investors property (approximately 11.5 acres). 3. The City Commission approved the first reading of Ordinance 654 on March 24, 1997. 4. The representative for Lake Irene Investors, owner of the 9.58 acre parcel, requested that the second reading of Ordinance 654 be delayed from the April 14th until the June 23rd meeting of the City Commission. 5. The representative for Lake Irene Investors, owner of the 9.58 acre parcel, requested that the second reading of Ordinance 654 be tabled at the request of the petitioner. The City Commission tabled the second reading of Ordinance 654 on June 23, 1997. FINDINGS: 1. The proposed land use is compatible with the commercial nature of S.R. 434. 2. The parcels are indicated as "Planned Development" on the county's Future Land Use Map (Fig. 2.0.1 Seminole County 1991 Comprehensive Plan Future Land Use Map Series - 2010). (County designation Planned Development includes "PLI" - public lands and institutions; "PCD" -commercial; PUD-commercial, residential, industrial, office). 3. The adjacent parcels on the north side S.R. 434 and to the west on the south side of S.R. 434 in the City are indicated "Commercial" on the Future Land Use Map. 4. The adjacent parcels on the north in the City are indicated as C-l "Neighborhood Commercial" and to the west on the south side of S.R. 434 in the City are indicated as C-2 "General Commercial and Industrial District" on the City's Official Zoning Map. DECEMBER 8, 1997 AGENDA ITEM J Page 3 5. The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the State to eliminate enclaves [ref. 171. 046( 1) F. S.]. 6. The City has expressed an interest in annexation in the past (ref. 8-14-95 City Commission meeting). STAFF RECOMMENDATION TO THE PLANNING & ZONING BOARDILOCAL PLANNING AGENCY: Staff recommends the Planning & Zoning Board/Local Planning Agency recommend approval to the City Commission the annexation of the 9.58 acre parcel into the City, based on the findings indicated above. PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY RECOMMENDA TION TO THE CITY COMMISSION: Amended Motion: Recommend the approval to the City Commission for the annexation of the 9.58 acres east of 17/92 on S.R. 434, and request the City Commission to ask the staff to pursue the two remaining parcels on either side of this one for annexation. Vote: all aye. RECOMMENDA TION TO THE CITY COMMISSION: Staff recommends the City Commission hold a second reading to adopt Ordinance # 654 based on: 1. The findings indicated above; 2. Previous expressions of interest by the City for annexation; 3. That it is consistent with the state policy of the Florida Legislature that, "The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the state to eliminate enclaves. "; DECEMBER 8, 1997 AGENDA ITEM J Page 4 4. The City has the capacity to service the property with sewer and water, as well as provide the other urban services it currently provides to other areas of the City. 5. The recommendation of the Planning and Zoning BoardlLocal Planning Agency. IMPLEMENTATION SCHEDULE: The City Commission would hold a second reading on December 8, 1997 and adopt Ordinance 654 to annex the 9.58 acre parcel. The ordinance for annexation immediately takes effect upon adoption. ATTACHMENTS: 1. Ordinance No. 654. 2. Area map of annexation parcel and Parcel Boundary Map. 3. Staff Report to P & Z BoardlLPA COMMISSION ACTION: ~.. . CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327.1800 Community Development P & Z BOARD I LOCAL PLANNING AGENCY REGULAR AGENDA ITEM: B. LAKE IRENE INVESTORS ANNEXATION (ANX-3-97) STAFF REPORT: APPLICABLE LAW AND PUBLIC POLICY: The provisions of 171.044(1) Florida Statutes which states "The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of a said municipality that said property be annexed to the municipality." The Legislature recognizes that enclaves can create significant problems in planning, growth management, arid service delivery, and therefore declares that it is the policy of the State to eliminate enclaves [ref. 171.046(1) F.S.]. Sec. 20-57 of the city Code which states in part "The planning and zoning board. . . .to act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the cony.~nience and safety of persons and property in any way dependent on city planning and zoning." The City has expressed an interest in annexation in the past (ref 8-14-95 City Commission meeting). 1. BACKGROUND: APPLICANT: Ken Leffler 1400 Wmdsor Ave. Longwood. FL 32750 (407) 322-2322 '. ' OWNER: Lake Irene Investors, Inc. 1400 Windsor Ave.. Longwood, FL 32750 (407) 322-2322 REQUEST: Annexation of9.58 acres into the City. PURPOSE: Applicant wants the 9.58 acre parcel annexed into the City to develop it as a Winn-Dixie Grocery Store. PROPERTY: Location: Spans approximately 1,000 to 2,100 feet east on U.S. 17/92 on the south side of State Road 434 L~gal Description: From the intersection of the Southerly right-of-way line of S.R. 434 with the easterly line of Lot 58, Block "D", D.R. Mitchell's survey of the Levy Grant on Lake Jessup, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, said point also being the northwest comer of the Cononades First Section, as recorded in Plat Book 15, Pages 79-80, Public Records of Seminole county, Florida, thence S07 43'38"E, along the easterly line of said Lot 58, a distance of 790.49 feet; thence N8 89 47'33"W, a distance of 100.97 feet, for a APPOINT OF BEGINNING; thence run N07 43'38"W parallel with said easterly line, a distance of337.35 feet, to the point of curvature of a curve, concave southwesterly, having a central angle of 54 27'08" and a radius of 162.5 feet; thence run northwesterly along the arc of said curve, a distance of 154.44 feet, to a point of tangency; thence run N 62 10'46"W, a distance of231.42 feet, to the point of curvature of a curve, concave northeasterly, having a central angle of 58 37'40" and a radius of225 feet; thence run northwesterly along at the arc of said curve, a distance of230.23 feet. to the point of reverse curvature ofa curve, concave southwesterly, having a central angle of86 14'27" and a radius of25 feet; thence run northwesterly along the arc of said curve, a distance of37.63 feet to the point of tangency; thence run N89 47'33" Wa distance of 165.00 feet; thence run N86 31'19"W a distance of 50.14 feet; thence run SOO 12'27"Wa distance of 609.68 feet; thence run N89 47'33" W a distance of6.00 feet, thence run SOO 12'27" Wa distance of37.00 feet; thence run N89 47'33" Wa distance of 18.00 feet, thence run SOO 12'27" E a distance of 127.00 feet, thence run S89 47'33"E a distance of730.46 feet to the POINT OF BEGINNING, containing 9.58 acres more or less. ACREAGE: 9.58 acres (Winn-Dixie site) PARCEL NUMBER: 2620305AROD00016B EXISTING LAND USE OF SUBJECT PROPERTY: Vacant, planted long-needle pine over the parcel. CHRONOLOGY OF SUBJECT PROPERTY: FUNDING: FINDINGS: None with respect to the City of Winter Springs. Parcel is in the county enclave surrounded by the cities of Winter Springs, Longwood and Casselberry. No monies from the City are required. . The applicant states the intention is to develop the parcel as a Wmn-Dixie Grocery Store. . The proposed land use is compatible with the commercial nature of S.R 434. . The parcels are indicated as "Planned Development" on the county's Future Land Use Map (Fig. 2.0.1 Seminole County 1991 Comprehensive Plan Future Land Us Map Series - 2010). "'. . The adjacent parcels on the north side S.R 434 and to the west on the south side of S.R. 434 in the City are indicated as "Commercial" on the Future Land Use Map. 0 . The adjacent parcels on the north in the City are indicated as C-1 "Neighborhood Commercial" and to the west on the south side of S.R 434 in the City are indicated as C-2 "General Commercial and Industrial District" on the City's Official Zoning Map. . The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the State to eliminate enclaves [ref 171.046(1) F.S.]. . The City has expressed an interest in annexation in the past (ref 8-14-95 City Commission meeting). ll. STAFF RECO:tv1JvffiNDA TION: Staff recommends the Planning & Zoning Board/Local Planning Agency recommend approval to the City Commission the annexation of the 9.58 acre parcel into the City, based on the findings indicated above. ATTACHMENTS: 1. Letter from Lake Irene Investors, Inc. to Thomas Grirnms. 2. "Sketch and Description for the Winn-Dixie Marketplace. 3. Aerial View with property boundary superimposed of the Lake Irene Investors.. "" Lake 9rene 9nvestors March 14, J 997 Mr. Tom Grimms Comprehensive Planning Coordinator City of Winter Springs . 1126 East State Road 434 Winter Sprin~s, Florida 32708 Dear Mr. Grimms: The six owners of the 9.58-acre parcel, located on the sOllth side of State Road 434 near the westerly corporate limits oftbe City of Winter Sporings, have requested that I advise you of their intention to voluntarily petition the City of Winter Springs for annexation of this parcel. The owners, known among themselves as the Lake Irene Investors, have contracted to sell this parcel for development of a new Winn~Dixie store. Hopefully your received a copy of the initial site plan and legal description which were delivered to your attention at the Winter Springs City Hall today. We anticipate that the petition will be made in the names of one or more of the owners whose names and addresses I shall provide when we meet to fonn all y initiate the petition. If there are any questions ".,'hich r may answer prior to that time, please call me. *'. Yours v~rY tr 0/, ~ 1:/ (~1/ . n fj er 1400 Wjndsor Avenue. J...ongwood. Aorid:131750..(i8:30 . (407) 33 J .j5':) . (:IX (407) 331-341:: i / I I I I ; I I ill:rrw:.-:.::,.' ~I[~"....:t ......""(,,'(~[' STArE ROAD 43" "__" ..._.11...."'" >,I.r ..--.----.-.-... --------.---. .... -- ..-- -------. -_.- .- ,",s 89..17'3Z- E 3$2.40. S ~.31 't: E j.O.14 S 89.47"33"" E ----'- . s e6""',,.. E 110.20'// ~J(-.::..-=a:n.._' :00..-...:";:.1__ t:. 3; FL'nR!: CO.If.lfERcUL -.!I"'-::" ..~. !::J \ .." i~ lit'''" 'I'" I;," giL~ ~J!~ '"j" .I >: S 8,'/7.3:r- e /--~~' ~ ).,~ S ...,:::~ E .' ../ ~ ~ - 18,00' " . ~.!J~I- ....~ h. . ~-..:.~-.::.::.:=.= , , .., ",. .... " -" .... 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