HomeMy WebLinkAbout1999 09 13 Public Hearings Item D
COMMISSION AGENDA
ITEM
D
Consent
Informational
Public Hearing X
Regular
September 13, 1999
Meeting
~ ~
M~ I ~
Authorizat' n
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a first reading of Ordinance 740 to annex the 59.45 acre
Elizabeth Morse Foundation Property.
PURPOSE:
The purpose of this agenda item is to request the Commission hold a first reading of
Ordinance 740 to annex 59.45 acres located north ofS.R. 434 between Spring Avenue
and the GreeneWay (S.R. 417) and adjacent on the north side of the Casscells Trust
property..
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, and service delivery, and therefore declares that it is the policy of
the State to eliminate enclaves [ref 171.046(1) F.S.].
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
non-emergency ordinance to annex said property and redefine the boundary lines of the
municipality to include said property".
SEPTEMBER 13, 1999
PUBLIC HEARING AGENDA ITEM D
Page 2 of4
The City has expressed an interest in annexation in the past, (ref. 8-14.95 City
Commission meeting).
CONSIDERATIONS:
· The Elizabeth Morse Foundation is the sole owner of the 59.45 acre property.
. The owner of the subject property has authorized Harling and Associates to act in
their behalf in issues of land use, zoning, development and construction
approvals. The authorization letter must be modified to include authorization to
process the annexation agreement.
· The contract purchaser wishes to develop a single-family residential subdivision
after armexation.
· The City has expressed an interest in annexation in the past (ref. 8-14.95 City
Commission meeting).
. 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.
· The subject property is currently designated "Suburban Estates" (1 DU per acre
maximum) on the county Future Land Use Map.
. On the county's Future Land Use Map, the adjacent parcels on the west side are
designated "Low Density Residential (4 DU per acre max.) ; on the north side the
land is designated "Conservation" to Lake Jessup; on the south side the subject
property is adjacent to the Casscells Turst property which was designated
"GreeneWay Interchange District" (a mixed use higher intensity district) by the
City Commission at its August 23, 1999 meeting.
. The subject property is currently designated A-I "Agriculture" (1 DU per acre
max.) on the county's Zoning Map.
· The adjacent property on the west side is county zoned A-I ~ the property on the
east side comprises The GreeneWay (S.R. 417) and the Casscells Trust Property.
On the south side is the Casscells Trust Property, which has been zoned
CDD/September 2,1999/3:21 PM
SEPTEMBER 13. 1999
PUBLIC HEARING AGENDA ITEM D
Page 3 of4
· "GreeneWay Interchange Zoning District (a mixed use higher intensity and
density zoning district)
FINDINGS:
· The Elizabeth Morse Foundation is the sole owner of the 59.45 acre property.
· The owner of the subject property has authorized Harling Locklin and Associates
to apply for land use, zoning development and construction approvals and permits
for the property. The letter (attachment C) states that any change in land use and
zoning shall not, without written consent, take effect until title to the property is
transferred.
· The authorization letter does not authorize Harling Locklin and Associates to
proceed with annexation. Harling Locklin and Associates has been notified of this
deficiency.
· The City has expressed an interest in annexation in the past (ref. 8.14.95 City
Commission meeting.
· 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.
STAFF.RECOMMENDATION:
Staff recommends the City Commission approve the first reading of Ordinance 740
based on:
1. The Elizabeth Morse Foundation providing authorization to Harling Locklin and
Associates to proceed with annexation of the property into Winter Springs.
2. Previous expressions of interest by the City for annexation~
3. That it is consistent with the state policy of the Florida Legislature that. AThe
Legislature recognizes that enclaves can create significant problems in planning,
growth management, and service delivery, and therefore declares that it is the
CDD/September2, 1999/3:21 PM
SEPTEMBER 13, 1999
PUBLIC HEARING AGENDA ITEM D
Page 4 of4
policy of the state to eliminate enclaves ".
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.
IMPLEMENTATION SCHEDULE:
The City Commission would hold a public hearing for second reading of Ordinance on
September 27, 1999 and adopt Ordinance 740 to annex the 59.45 acre property. The
ordinance for annexation immediately takes effect upon adoption.
ATTACHMENTS:
A. Ordinance 740
B. Area map of annexation parcel.
C. Annexation application
COMMISSION ACTION:
CDD/September 2,1999/3:21 PM
ORDINANCE 740
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, ANNEXING A 59.45 ACRE PARCEL
OF LAND LOCATED ON THE NORTH SIDE OF STATE ROAD 434
BETWEEN SPRING AVE. AND THE GREENEWAY (S.R. 417) AND
ADJACENT TO THE CASSCELLS TRUST PROPERTY ON THE
NORTH SIDE; PURSUANT TO 171.044(1)(2) and 166.041 FLORIDA
STATUTES; PROVIDING FOR SEVERABILITY; CONFLICTS AND
AN EFFECTIVE DATE.
WHEREAS, the Elizabeth Morse Genius Foundation, the owner of the
following described property, has petitioned the City of Winter Springs to be
annexed into the City,
WHEREAS, annexation of this parcel is consistent with the policy of the
Florida Legislature wherein the Legislature "recognizes that enclaves can create
significant problems in planning, growth management, and service deliver, and
therefore declares that it is the policy of the state to eliminate enclaves."
WHEREAS, the City can better provide sewer and water service and
other urban services to the subject parcel than the county.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of Winter Springs annexes the following
described real property.
LEGAL DESCRIPTION
Lots 1,2,3,4,5, and 6, Section 32, Township 20 South, Range 31 East, ALSO Lots 1,2,3,7,
and 8 of Section 5, Township 21 South, Range 31 East. (Less beginning 20 feet E of and 274.1
feet S of the NW corner of Lot 3, Section 5, run E 366.6 fc~, N 06<> 05' E 507.3 feet, N 000 12' E
321.7 feet, S 8r 32' W 193 feet, N 040 30' W 269.1 feet, S 890 04' E 652.1 feet, S 890 56' E
420 feet, N 241.9 feet to shore of Lake Jessup, W'ly along shore 1,286 feet to the E line of
Spring Avenue; S 1,173 feet to beginning), being 91 acres, more or less. All above real property
being a part of the Phillip R. Young Grant according to the plat thereof as recorded in Plat Book
I, Page 35, Public. Records of Seminole County, Florida.
ALS<)
A right of ingress and egress over that 10-foot strip of land adjoining and rurming along the N'ly
side of a line commencing 20 feet E and 274.1 feet S of the NW corner of Lot 3 of Section 5,
Township 21 South, Range 31 East, run E 366.6 feet and a right of ingress and egress over that
lO-foot strip ofland adjoining and running along the W'ly side ofline commencing 366.6 feet E
ofa point 20 feet E and 274.1 feet S of the NW corner ofLat 3, Section S, Township 21 South,
Range 31 E, run N 060 OS' E 507.3 feet, thence N 000 12' E 321.7 feet, said Lot 3 appears in the
plat of Phillip R Young Grant as recorded in Plat Book 1, Page 35 of the Public Records of
Seminole County, Florida.
Less the E 25 feet of Lots 2 and 8 of said Section 5; less W 25 feet of Lots 1, 3, and 7 of said
Section 5 and less W 25 feet of Lot 2 and E 25 feet ofLat 3 of said Section 32.
LESS
A part ofLat 1, Section 5, Township 21 South, Range 31 East, and Lots I, 2,. and 3, Section 32,
Township 20 South, Range 31 East ofthe Phillip R. Young Grant, according to the plat thereof
as recorded in Plat Book I, Page 35 of the Public Records of Seminole County, Florida, being
more particularly described as follows:
Conunence at the NE COrner of said Section 5; thence run S 880 49' 39" W along the N line of
said Section 5, a distance of -189.88 feet to the NE corner of said Lot 1, Section 5 of the Phillip R.
Young Grant for a point of beginning; thence run S 04042' 40" W along the E line of said Lot 1,
Section 5, a distance of 665.23 feet to the SE corner of said Lot 1, Section 5; thence run S 880
49' 39" W along the S line of said Lot 1, Section 5, a distance of 204.39 feet; thence departing
said S line run N 250 45' 00" W, a distance of 1,386.79 feet to a point on the E line of the W
25.00 feet of said Lot 2, Section 32; thence run N 010 17' 12" W along said E line a distance of
408.90 feet to a point on the N line of said Lot 2, Section 32; thence departing said E line run S
830 47' 20" E along said N line a disUmce of 949.00 feet to the NE comer of said Lot 1, Section
32; thence run S 040 42' 40" W along the Eline of said Lot I, Section 32, a distance of 891.00
feet to the point of beginning.
AND AL~O LESS
Commence at the NE comer of said Section 5 also being the SE comer of said Section 32; thence
run S 88049' 39" W along the N line of said Section 5, also being the S line of said Section 32, a
distance of 1,088.05 feet to a point on the W line of the E 25.00 feet of said Lot 3, Section 32;
thence departing the S line of said Section 5 and the S line of said Section 32, run N 010 17' 12"
W along said W line, a distance of 709.22 feet for a point c.~!Jeginning; thence departing said W
line run N 250 45' 00" W a distance of 103.97 feet; thence run S 880 46' 48" W a distance of
69.93 feet to a point on the E line of amended plat of first addition to Mineral Springs, according
to the plat thereof, as recorded in Plat Book 8, Pages 46 and 47 of the Public Records of
Seminole County, Florida; thence run N 010 09' 12" W along said E line a distance of 225.66
feet to a point on the N line of said Lot 3, Section 32; thence departing said E line run S 83047'
20" E along said N line, a distance of 113.43 feet to a point on the aforesaid W line of the E
25.00 feet of said Lot 3, Section 32; thence departing said N line run S 010 17' 12" E along said
W line a distance of305.58 feet to the point of beginning.
Containing 24.179 acres, more or less.
ALSO LESS
A part of the W 25.00 feet of Lot 2 and the E 25.00 feet of Lot 3, Section 32, Township 20
South, Range 31 East of the Phillip R. Young Grant, according to the plat thereof, as recorded in
Plat Book I, Page 35 of the Public Records of Seminole County, Florida, being more particularly
described as follows:
Commenc~ at the SW comer of said Section 32; thence run S 880 49' 39" W along the S line of
said Section 32, a distance of i,038.05 feet to a point on the E line of the W 25.00 feet of said
Lot 2; thence departing said S line nm N 010 IT un W along said E line a distance of 599.42
feet for a point of beginning; thence departing said E line run N 250 45' 00" W a distance of
120.74 feet to a point on the W line ofthe E 25.00 feet of said Lot 3; thence run N 010 17' 12" W
along said W line a distance o{ 305.58 feet to a point on the N line of said Lot 3; thence departing
said W line run S 83047' 20" E along the N line of said Lot 2 and 3 a distance of 50.43 feet to a
point on the E line of the W 25.00 feet of said Lot 2; thence departing said N line run SOlo 17'
12" E along said E line a distance of 408.90 feet to the point of beginning.
Cont3ining 17 ,862 square feet, more or less.
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) of
the City Charter.
PASSED AND ADOPTED this_day of
, 1999.
CITY OF WINTER SPRINGS
PAUL P. PARTYKA, MAYOR
ATTEST:
ANDREA LORENZO-LUACES
lNTERlM CITY CLERK
1 ST READING
POSTED
2ND READING AND PUBLIC HEARING
ELIZABETH MORRIS FOUNDATION PROPERTY
TO BE ANNEXED
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LETTER OF AUTHORIZATION
January 29, 1999
Parcel J.D. # 31-20-31-5BB-OOOO-0 150
31-20-31-5BB-OOOO-00 1 A
31-20-31-5BB-OOOO-002D
31-20-31-5BB-OOOO-003A
'] Part of Section 31 , Township 20 South, Range 31 East,
Seminole County, Florida
To Whom It May Concern:
As the authorized Representative of the 75:1: acre property referenced above, and further
described by the attached legal description, I authorize Harling Locklin & Associates Inc. to act
on our behalf to apply for Land Use, Zoning, Development, and Construction approvals and
permits for the subject property. It must be understood that any change in the Land Use and
Zoning shall not, without our written consent, become effective until such time as we transfer
title to the subject property.
ELIZABETH MORSE GENIUS FOUNDATION
B{')~ C?&hr~
Victor E. Woodman, Vice President ~
. .-:;-. .
CITY OF WINTER SPRINGS, FLORID~,....
1126 EAST STATE ROAD 434 f
WINTER SPRINGS. FLORIDA 32708 ~.
,.'
Telephone (407) 327-1800
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APPLICATION FOR ANNEXATION
43 i I t.'- -~ ",:. . .: .,
Ct).m;~~~~i.:t-:i I' '. ......:.
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APPLICANT: Harling Locklin & Associates, Inc.
Last First
Middle
ADDRESS: 850 Courtland Street
Orlando
City
PHONE: (407) 629 -1 061
FL
. State
32804
Zip Code
)
This is a request for annexation into the City of Winter Springs
of the property described below:
Address of Property proposed for annexation in the City:
LOCATION:
ADDRESS:
South of Lake Jessup:. West of Central FL Greenway (SR 417)
.
F.n~t of Spring AvpnlJP nnn North of
City state
31-20-31-5BB-OOOO-0150
Tax Parcel Number: 31-20-31-5BB-OOOO-001A
r.pntrnl Avp
. . Zip Code
31-20-31-5BB-OOOO-002D
31-20-31-5BB-OOOO-003A
..
size of Parcel: 59.45 acres
sq. ft./acres.
County Future Land Use Classification current: Suburban Estates
County Zoning Category current: A~10/ p~oposed: PUD
Intent of request for annexation into the city.of winter Springs:
To conform to maximum density standards and to provide
city services to the proposed multi-use development
)
.'
) TO BE SUPPLIED AT THE TIME OF SUBMISSION OF APPLICATION:
* A copy of the most recent survey of the subj ect property.
* A copy of the legal description.
~ Notorized authorization of the owner (if applicant is
other than owner or attorney for owner) [See below].
* 11 X 17 map showing zoning and land use classifications
on adjacent property.
* Annexation Application Fee, which includes:
* Property with legal description up to 50 words
in length: $ 350
*
Each additional
portion thereof:
increment. of 50 words or
$ 25'
* NOTE: Property being annexed at invitation
of the City is exempt from above fees.
*.................................................******.........
FOR USE WHEN APPLICANT IS THE OWNER OF SUBJECT PROPERTY
) This is to certify that I am the owner in fee simple of subject
lands described above in the Application for Annexation.
SIGNATURE OF mVNER
Sworn to and subscribed before me
this -day of
19
NOTARY PUBLIC
My Commission expires:
____Personally Known
____Produced Identification/type of I~D.
.*~.***.......*......*..**..............*.....................*..
AP
NOT THE OWNER OF SUBJECT PROPERTY
OWNERS l
sUb~ed
of --- VQr1
expires:
~
."
~personally Known
____Produced Identification/type of
____Did take an oath
~.." '11#
.... n '-:. Roger Null
* liiii:dr * My Commission CC636146
I . D . ~~ 0/''' Expires April 07, 2001
~Did riot take an oath
-t: