HomeMy WebLinkAbout2008 02 25 Public Hearings 503 1st Reading of Ordinance 2008-02 David and Betty LongCOMMISSION AGENDA
ITEM 503
Consent
Information
Public Hearin X
Re ular
February 25, 2008
Meeting
MGR. /De t.
REQUEST: The Community Development Department -Planning Division requests the City
Commission conduct a public hearing for the 1st Reading of Ordinance 2008-02, annexing a
parcel located at 1379 SR 434 (NE Corner of SR 434 & SR 417), equaling approximately 6.25
acres and owned by David & Betty Long.
PURPOSE: The purpose of this request is to consider the Annexation request of Applicant
Expressway Professional Plaza LLC c/o Montie Plank on behalf of David & Betty Long related
to Tax Parcel ID # 04-21-31-300-002A-0000 at 1379 SR 434 (NE Corner of SR 434 & SR 417),
which totals approximately 6.25 acres and which is contiguous to the City.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Statute Chapter 171. Municipal Annexation or Contraction.
Florida Statute Chapter 171.044 (1). 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 said municipality that said property be annexed to the municipality.
Winter Springs Charter Section 2.03. Annexation procedure.
Winter Springs Code Section 16-77. Outdoor display/billboards--Off-premises signs
prohibited. (e) (The Code states that lawfully existing off-premise sign structures within
unincorporated areas of Seminole County which are annexed by Winter Springs, are to be
included in the inventory ofoff-premise signs included in Section 16-77; however no off-
premise signs are on the subject site.)
CHRONOLOGY:
Feb. 13, 2008- Application Received
Feb. 25, 2008- 1St Reading of Ordinance 2008-02
Feb. 28, 2008- Public Noticing in Orlando Sentinel (Two times in two consecutive weeks)
Mar. 7, 2008- Public Noticing in Orlando Sentinel (Two times in two consecutive weeks)
February 25, 2008
Public Hearing Agenda Item 503
CONSIDERATIONS:
• The application petition bears the signatures of all of the property owners.
• The area is contiguous with the City's existing boundaries and is currently located in an
unincorporated area that is completely surrounded by the cities of Winter Springs and
Oviedo. Annexation of this parcel would reduce the size of this unincorporated area and does
not create any enclaves.
• The request is consistent with all applicable goals, objectives and policies of the City's
adopted Comprehensive Plan.
• The parcel is vacant.
• The City has capacity to provide this parcel with the same urban services provided to other
areas of the City.
• City water and sewer service is currently available along the north side of S.R. 434.
• No off-premise sign structures exist on the property under consideration.
• The subject property is currently designated "Commercial" on the County Future Land Use
Map along with the adjacent property to the east. Properties to the west and south are
designated Greeneway Interchange District. Properties to the north are designated
Conservation.
• The subject property is currently designated "A-1" on the County Zoning Map along with the
adjacent property to the east. Properties to the west and south are designated Greeneway
Interchange District.
• Adjacent property owners have been notified.
• The property has been posted.
• If the property is annexed, the Applicant's request for a Small Scale Comprehensive Plan
Amendment changing the Future Land Use to "Greeneway Interchange District" and the
request for Rezoning to "Greeneway Interchange District" will then go to the Planning &
Zoning Board and Local Planning Agency for recommendation.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a public hearing for 1st Reading of Ordinance
2008-02, that would annex one (1) parcel contiguous to the City, at 1379 SR 434 (NE Corner of
SR 434 & SR 417), equaling approximately 6.25 acres and owned by David & Betty Long.
IMPLEMENTATION SCHEDULE:
Mar. 10, 2008- 2"d Reading and Adoption of Ordinance 2008-02
Mar. 17, 2008- Copies to be filed with the Seminole County Clerk of Circuit Court, the
Seminole County Manager's Office, and the Department of State within
seven (7) days of adoption.
February 25, 2008
Public Hearing Agenda Item 503
ATTACHMENTS:
A. Application for Annexation with property owner signatures
B. Ordinance 2008-02 with location map and metes and bounds description
COMMISSION ACTION:
boo X03
ATTACHMENT A
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAR 434
WINTER SPRINGS, FL 32708
407-327-5967
FAX:407-327-6695
APPLICATION FOR ANNEXATION
AND SUBSEQUENT
COMPREHENSIVE PLAN AMENDMENT 8 RE2ONlNG PETITION
Expressway Professional Plaza, LLC c/o
APPLICANT: Plank Monf;~g S
Last First Middle
MAILLNG ADDRESS: 500 N Maitland Ave Suite 1~
Maitland FL 32751
city state zip code
PHONE: 4Q7-599-7009
[f Applicant does NOT own the property:
PROPERTY' OWNER: Long David & Betty
Last First ~iiddlc
MAILING ADDRESS: 330 Golfview Ave
Oviedo FL 32766
City Smte Zip Cade
PHONE: 407-402-1400 - clo Robin Kesler
This request is For the property described below:
PROPERTY ADDRESS: 1379 434 SR (NE comer of SR 434 8 SR 417
TAh PARCEL NUMBER: 04-21-31-300-002A-0000
SIZE OF PARCEL: 272402 6.25
Square Fert Acres
Please state the reasons or justification for your Annexation, Comprehensive Plan Amendment (Future
Laud Use Change), and Rezoning requcst: To promote development upoh the spedftc site that is
consistent with the City Greenway Expressway Land Use $ Zorirng designations
Current COUNTY FUTURE LAND USfi Classification:
eettway
Request for a Change ro CITY of Winter Springs FUTURE LAND USE Classification:
[f you arc requesting an Amendment to the Goals, Objectives, & Policies of the City's Comprehensve
Plan, set forth the proposed Amendment in dotail and provide supporting documentation.
Curttnt COLTiTY ZONIt3G Classification: A 1
Request for a Change to CtTY of W inter Springs ZOMNG Classification: Greenway Interchange
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ANNEXATIONS, COMPREHENSIVE PLAN AMENDMENTS and REZONINGS ace subject to the Approval of the
City Commisaion. Eacb action is only effective when the Notice and Vote Requirements of Chapter 166 and 171,
Florida Statutes have been achieved.
COMPREHENSIVE PLAN AMENDMENTS arc subject to the Approval ofthe City Commission. Each action is only
effective when the Notice and Voce Requiremertlt of Chapter 166 and 171, Fonda Statutes have bees achieved.
LAROE SCALE COMPREHENSIVE PLAN AMENDMENTS ere subject to Approval by the Florida Department of
Community AtTairs and are not effective until the Departtrtent of Community Affairs issues a `1~totia of Intent" m fold
the Comprcltensive Plan Amendment in complianx with the requirements of Chapter 163.318d and 163.3187, Florida
Statutes. Unless otherwise providtd by law, the Comprehensive Plan. of the City of WinterSprirtgs shalt be amended
only !wire per year in accordarroe with 163.3187(1) F.S. and Winter Springs Code of Ordinances, SeeGon 15-32 as
followa:
~licarion submutnl dead!lne::
~u'Jf' No lacer than 5:00 p.m. on the first Wedoesday in February. The application(s) will be reviewed at a
meeting of the local planning agency to be held in April or as otherwise practicable.
Fof!- No later than 5:00 p.tn. on the first Wednesday in August. The application(s) will be reviewed at a meeting of
the local planning agency to be heid in October or as otherwiu practicable.
SMALL SCALE AMENDMENTS may be approved without regard to statutory limits on dte frequrncy of
consideration of amendmertta to the Comprahemive Plsn under the conditions approved by law. (see 1633187 F.S.).
APPLICANTS acs odvised, tbat if they decide [o appeal any docisions made nt the wettings or hearings, with respect to
any maucr ~ronsldercd arthe meetings or hearings, they will. Deed a record of the proceedings and for such purposes,
they will need to insure that a verbatim record of dte proceedings is made, at thew cost, which itteludes the testimony
and evidence upon which the appeal is En br based. per 286.0105. Florida Statutes.
THE FO 01N1N T MS R O B P P C I
A copy of the most recent SURVEY of the subject property with Metes and Bounds
description.
Del A copy of the LEGAL DESCRIPTION.
11 x 17 MAP showing ADJACENT STREETS and 20NING AND tAND USE classifications
on the ADJACENT PROPERTY.
JUSTIFICATION for the RaquesE.
NAMES and ADl~ESSES of each property owner within 150 ft. of each property line.
NtKarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTI;AL COSTS incurred fur ADVERTISING or NOTIFICATION,
and for REIMBURSF.htENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connec;ion with the review, inspection or apptovat of any developtnent (based on accounting
submitted by the City's Consultant) ,payable prior to approval of the peRinent stage of dev~lopmsnt.
ANNEXATION S 500 S ~
PRE-Al~'NEXATION AGREEIv~NT (Optional) S 1000 S
COMPREHENSIVE PLAN AMENDiv(ENT'per Applicant S 5~--
5ma11 Scale (Oenerally 10 acres or fewer) S 500
Large Scale (Generally More than I Oacres; Tcxt Amendments) S .1000
REZONING per Applicant S 500 S
Plus 3 25/acre S sly
. A,re, war en rr.an .~ ~ ft F( 'dt SLnt~s
TOTAL DUS S 1675
it~Lvcli 3c%
$y submitting this application you hereby grant temporary right of entry for city officials to enter upon the subjem
property for purposes ofevaluatiog this application.
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FOR USE WHEN APPLICANT ~S OWt~FR_ OF THE SUBJECT PROPERTY:
This is to certify that l am the Owner in fee simple of Subject lands described within this Application for
Annexation end Subsequent Comprehensive Plan Amendment end Rewnittg Petition:
Signature of Owner
Sworn to and subscribed before me this
day of ~o
Notary Public
My Commission expires:
Pcrsonally ISnown
Produced ldcntification:
(TYIx)
Did take an Oath
Did Not take and Oath
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FOR USE WHEN APPLICANT IS NOT QWNER OF THE SUBJECT PROPERTY:
1, Davi . Ltxto 8 t3etty ~..14D9 do hereby, with my notarized signature, allow
Expressway Protesaional Plaza, LLC
cJo Monde Plank, P.E. to represent me in the Annexation and Subsequent
Comprehensive Plan Amendment and Retuning Petition of my ptoperty.
The property is identified as: Tax Parcel Number(s) 04-21-31-300-002A-0000
Located at 1379 434 SR Oviedo
and as furttter identified on the Metes~nd Bounds
Application.
Signaturc~6f'Owner(s} ~
Sworn to and subscribed before me this
day of ?0,
Personalty Known ~^~,
-~~ Produced !D: (TYPr)1!' lY~ts L inn S~
Did take ast Oath
Did Nat take and Oeth
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ATTACHMENT B
ORDINANCE N0.2008-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1)
PARCEL OF REAL PROPERTY CONTAINING 6.25 ACRES,
MORE OR LESS, LOCATED AT 1379 STATE ROAD 434
WITHIN SEMINOLE COUNTY, FLORIDA, AND LEGALLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
FULLY INCORPORATED HEREIN BY THIS REFERENCE;
PROVIDING FOR THE AMENDMENT OF WINTER
SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO
INCORPORATE THE REAL PROPERTY INTO THE CITY
BOUNDARIES; PROVIDING FOR THE FILING OF THE
REVISED WINTER SPRINGS CHARTER WITH THE
DEPARTMENT OF STATE, PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, this is a voluntary annexation which shall be pursuant to the annexation
procedures contained in section 171.044, Florida Statutes; and
WHEREAS, the City Commission has determined that the subject real property is
reasonably compact and contiguous with the boundaries of the City of Winter Springs and will not
create an enclave and otherwise satisfies the requirements for annexation; and
WHEREAS, this annexation is in compliance and consistent with the goals and objectives
of the City of Winter Springs Comprehensive Plan, City Charter, and City Code; and
WHEREAS, upon adoption of this Ordinance, the municipal boundary lines of the City of
Winter Springs, contained in the Winter Springs Charter, Article II, shall be redefined to include the
subject real property; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds that
this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs, Florida.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
City of Winter Springs
Ordinance No. 2008-02
Page 1 of 3
Section 2. Annexation of Real Property. The area of real property, which is more
particularly described in the metes and bounds legal description and map attached hereto as Exhibit
"A," is hereby annexed into the City of Winter Springs by the City Commission. Exhibit "A" is
hereby fully incorporated herein by this reference. The real property shall be known as existing
within the boundaries of the City of Winter Springs, Florida, from the effective date of this
ordinance.
Section 3. City Boundaries Redefined; Winter Springs Charter Amended. Pursuant
to section 166.031(3), Florida Statutes, and section 171.091, Florida Statutes, the City of Winter
Springs Charter, Article II, Section 2.01, shall hereby be amended to redefine the corporate
boundaries of the City of Winter Springs to include the area of real property described in Section 2
of this Ordinance. The City Clerk shall file the revised Winter Springs Charter, Article II, Section
2.01, with the Department of State within thirty (30) days from the effective date of this Ordinance.
The City Clerk shall also file this Ordinance with the Clerk of the Circuit Court of Seminole County,
the Chief Administrator of Seminole County, and the Department of State within seven (7) days of
the effective date.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions or parts of ordinances and resolutions in conflict herewith
are hereby repealed to the extent of the conflict.
Section 5. Severability. Should any section or provision of this Ordinance, or any
portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part
thereof to be declared invalid.
Section 6. Effective Date. This Ordinance shall become effective upon adoption by the
City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter.
(Adoption and Signatures on next page)
City of Winter Springs
Ordinance No. 2008-02
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2008.
John F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading: _
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2008-02
Page 3 of 3
EXHIBIT A- Ordinance 2008-02
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Legal Description::
That part of-the Wcst'lz of the SauthK•est 1, of Section 4, Township 21 Suuth, Range 31
last, lying North cif State Read l~v. 41~, Seminole County, Florida;
ANp the Southemrttost 25 feet. of a segment of the Stl fraot right of way of the former
Black Hammock. Branch extending Eastwardly 1.354.9 feet front the West line of Section
4, Township 21 South, Range 31 East; also that certain segment of the right of way
having a cnaximurn width of 144 feet and heiitg bounded on its Southerly side by a
curved line extending 435 feet Norcheasiw~ardly froth the West line of said Section 4 and
distant SCf feet Southeastwardly from the center line ofthe former rrtain track of said
Black l°larrtrnock Branch: the two strips of'land hereby conveyed containing. together 1.29..
acres, mare or less, and. being shown outlined in yellow on print of Grantor's Division
Engineer's Drawing No. AUB-784, dated April 3, i9S4, last. revised I)ecetttber 12,1'972;
LESS that. certain parcel described. as Parcel 33t1 in that certain girder of fiakang recorded
in t~f~icial Records Book 2295, on Page 1859, Public Records of Seminole Gowttty,
l "Icsrida.