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HomeMy WebLinkAbout1999 09 27 Public Hearings Item C COMMISSION AGENDA ITEM c Consent Informational Public Hearing X Regular September 27, 1999 Meeting {~/ -=:Y ~ Mgr. / Dep, Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a second reading for adoption 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 second 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 CDD/Septernber 17,1999/4:02 PM SEPTEMBER 27, 1999 PUBLIC HEARING AGENDA ITEM C Page 2 of4 municipality to include said property". 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 Locklin and Associates to act in their behalf in issues of annexation. · The contract purchaser wishes to develop a single-family residential subdivision after annexation. · 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 Trust 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 "GreeneWay Interchange Zoning District (a mixed use higher intensity and density zoning district). COD/September 17, 1999/4:02 PM SEPTEMBER 27, 1999 PUBLIC HEARING AGENDA ITEM C Page 3 of4 . The City Commission held a first reading of Ordinance 740 on September 13, 1999. 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 annexation. (Attachment C) . 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 Ordinance 740 based on: 1. Previous expressions of interest by the City for annexation; 2. 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 ". 3. 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 ordinance for annexation immediately takes effect upon adoption. CDD/September 17,1999/4:02 PM SEPTEMBER 27,1999 PUBLIC HEARING AGENDA ITEM C Page 4 of4 ATTACHMENTS: A. Ordinance 740 B. Area map of annexation parcel. C. Annexation application D. Letter dated September 10, 1999 from the Elizabeth Morse Genius Foundation COMMISSION ACTION: CDD/September 17,1999/4:02 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 Foundatio~ the owner of the following described property, has petitioned the City of Winter Springs to be' J . 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 cI;eate 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 WINlER SPRINGS, FLORIDA HEREBY ORDAINS; ) SECTION I - That the City of Winter Springs annexes the following described real property. -j LEGAL DESCRIPTION Lots I, 2, 3, 4. 5. and 6, Section 32, Township 20 South, Range 31 East, ALSO Lols 1, 2, 3, 7, and 8 or Section 5, Township 21 South, Range 31 East. (Less beginning 20 feet E of and 274.1 feet S of me NW comer of Lot 3, Section 5, run E 366.6 fec( N 06005' E 507.3 feet, N 000 12' E 321.7 foet, S 870 32' W 193 feet, N 040 30' W 269.1 feet. S 890 04' E 652.1 feet, S 89056' E 420 feet, N 241.9 feet to shore of Lake Jessup, W'Iy 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. ALSQ -) A right ofingress and egress over that 10-foot strip ofIand adjoining and running along the N'ly side of a line commencing 20 feet E and 274.1 feet S of the NW comer 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 10-foot strip ofland adjoining and running along the W'ly side of line commencin-g 366.6 feet E of a point 20 feet E and 274.1 feet S of the NW comer of Lot 3, Section 5, 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. J..;,css 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 of Lot 3 of said Section 32. LESS A part of Lot 1, Section 5 , Township 21 South, Range 31 East, and Lots I, 2,- and 3, Section 32, Township 20 South, Range 31 East of the Phillip R. Young Grantt according to thc plat thereof as recorded in Plat Book 1, Page 35 of the Public Records of Seminole County, Florida, being more particularly described as follows: Commence 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 {89.88 feet to the NE comer of said Lot I, Section 5 of the Phillip R Young Grant for a point of beginning; thence run S 040 42' 40" W along the E line of said Lot 1, Section 5, a distance of 665.23 feet to the SE comer 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 fcct~ 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; nm N 010 IT 12" W along said E line a distance of 408.90 feet to a point on the N line of said Loc 2, Section 32; thence departing said E line run S 83047' 20" E along said N line a distance of949.00 fcet to the NE comer of said Lot I, Section 32; thence run S 040 42' 40" W along the E line of said Lot 1. Section 32. a distance of 891.00 ) ) _J ) ,- feet to the point of beginning. AND ALSO 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 1 T 12" W along said W line, a distance of709.22 feet for a point G:-!;eginning; 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 fcct to a point on thc 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 NOlO 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 830 47' 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, Ran~e 31 East of the Phillip R. Young Grant, according to the plat thereof, as recorded in Plal Book 1, Page 35 of the Public Records ofSeminolc County, Florida, being morc particularly described as follows: Commcnc~ 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; thcnce departing said S line {UJ\ N 010 17' 12" W along said E line a distance of 599.42 feet for a point of beginning; thence departing said E linc run N 250 45' 00" W a distance of 120.74 feet to a point on the W line of the 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 nm S 830 47' 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 S 010 17' 12" E along said E line a distance of 408.90 feet to the point ofbeginning. Containing 17,862 square feet, morc 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 ill - 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 this27thday of Septp.mber , 1999. CITY OF WINTER SPRINGS ATTEST: J)l- ~~ ANDRE 0 NZO-LUACES lNTERlM CITY CLERK ) ) 1 ST READING September 13, 1999 POSTED September 14, 1999 2ND READING AND PUBLIC HEARING Septembp-r 27, 1999 ) ) ELIZABETI-IMORSE' FOUNDATION PROPERTY TO BE ANNEXED ) I.' G @---- C1 -~ I.C I.' I.C II. . ____..___. 'I.'.J_~_._ _.._ _J II " I. IJ 1& .. 1&.' II.' II 11.1 " II c~ II " 11.' ~t...__..__....__.___...._. I _-1. II la. I~I.< It 11. . / [ ~ 1IIIt In I" ..9:d~ I/o;:! fi////-O.5.5.5 .) 5t3dpfed ~ ~~ g~ .9 .LJ. !!8CJa/ //0 1Y~ 9~ g~ .J21.90 LETTER OF AUTHORIZATION January 29, 1999 Parcel J.D. # 31-20-31-5BB-OOOO-0150 31-20-31-5BB-0000-00 I A 31-20-31-5BB-OOOO-002D 31-20-31-5BB-0000-003A )) Partc~f 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 behaffto 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 Bi)~~hr~~ . Victor E. Woodman, Vice President --- ) -.J )' ~-- )J .... CITY OF WINTER SPRINGS, FLORIDf\p. r . . .' .. 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708 Telephone (407) 327-1800 2 ~~; Dr;' APPLICATION FOR ANNEXATION c(;~Jr;~;~.;:;~ iy: u~ -.',-. _ .: _ _ ~:;t APPLICANT: Harling Lockl~n & 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: AddXess of Property proposed for annexation in the City: LOCATION: ADDRESS: South of Lake Jessup:. West of Central FL Greenway (SR 41.7) F:t=lst of Spring Avpnl1P ;:Inn North of r.pntr;:ll Avp City State.. zip Code 31-20-31-5BB-0000-0150 31-20-31-5BB-OOOO-002D Tax Parcel Number: 31-20-31-5BB-0000-001A 31-20-31-5BB-0000-003A 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 ~1 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 zon~ng 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 $ 25 or * 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 OWNER Sworn to and 'subscribed before me this_'-day of 19 NOTARY PUBLIC My Commission expires: . Personally Known _Produced Identification/type of I~D. **~******************************************..***...*.*.***.**.* NOT THE OWNER OF SUBJECT PROPERTY OWNER S -~ sUbs~ed of - var1 NOTARY PUBLIC My Commission expires: --)'.- : i .,... - , - ~personally Known ____Produced Identification/type of ____Did take an oath ,." '*. .."" n ('... Rooor Nvt1 *"'iiiJJr * MyCommis,ooCC636146 I . D . ~...lftfm ,.' Exp;re. April 07, 2001 ~Did riof take an oath P.O. Box 40 Winter Park, FL 32790 Office: (407) 644-0555 Fax: (407) 644-9504 September 10, 1999 City of Winter Springs To Whom It May Concern: I hereby authorize Harling Locklin & Associates to act on behalf of the Elizabeth rse Genius Foundation regarding the annexation of the subject property into the fWinter Springs. .. any questions, please contact me. Richard M. Strauss Treasurer -~ -,...... ... ...... .... ............... Exhibit A.