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HomeMy WebLinkAbout2007 02 26 Public Hearings 201 Ordinance Number 2007-01 Second Reading Annexing Parcel at 282 W. State Road 434 COMMISSION AGENDA ITEM 201 Public Hearing February 26, 2007 Meeting MGR./Dept. REQUEST: The Community Development Department - Planning Division requests the City Commission conduct a public hearing for the 2nd Reading/Adoption of Ordinance 2007-01, annexing a parcel located at 282 W. State Road 434, east of Barrington Estates, equaling approximately 1.76 acres and owned by Janet Mann. PURPOSE: The purpose of this request is to consider the Annexation request of Applicant Robert Carneal on behalf of Janet M. Mann related to Tax Parcel ID # 04-21-31-300-0 15A-0000 at 282 W. State Road 434, which totals approximately 1.76 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 of off-premise signs included in Section 16-77; however no off-premise signs are on the subject site.) Winter Springs Comprehensive Plan. Policy 1.8.2: In order to reduce land use conflicts and for efficient public service provision, the City shall investigate and, where feasible, annex all enclaves as soon as possible. CHRONOLOGY: Dec. 29, 2006- Application Received Feb. 12,2007- 1st Reading of Ordinance 2007-01 February 26, 2007 Public Hearing Agenda Item 201 Feb. L 2007- Public Noticing in Orlando Sentinel (Two times in two consecutive weeks) Feb. 8,2007- Public Noticing in Orlando Sentinel (Two times in two consecutive weeks) 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 as far east as Barrington Estates. . No off-premise sign structures exist on the property under consideration. . The subject property is currently designated "Suburban Estates" on the County Future Land Use Map. The adjacent church property to the west remains in the County. Adjacent properties to the east are within the City and still retain the Seminole County designation of "Rural-3". Properties to the south of SR 434 are in Oviedo and have a Future Land Use of "Low Density Residential". . The subject property is currently designated "A-IO Agricultural" on the County Zoning Map. Adjacent properties to the west remain in the County. Adjacent properties to the east are within the City and are designated "C-l Neighborhood Commercial". Properties immediately to the south are designated "A -1- Agricultural" . Adjacent property owners have been notified by Certified Mail. . 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 "Commercial" and the request for Rezoning to "C-l Neighborhood Commercial" will go to the Planning & Zoning Board and Local Planning Agency in March. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a public hearing for 2nd Reading/Adoption of Ordinance 2007-01, that would annex one (1) parcel contiguous to the City, at 282 S.R. 434 and equaling approximately 1.76 acres, owned by Janet M. Mann. IMPLEMENTATION SCHEDULE: Feb. 26,2007- 2nd Reading and Adoption of Ordinance 2007-2 Mar. 5,2007- 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 26, 2007 Public Hearing Agenda Item 201 ATTACHMENTS: A. Application for Annexation with property owner signatures B. Noticing in Orlando Sentinel C. Ordinance 2007-01 with location map and metes and bounds description COMMISSION ACTION: A TTACHMENT A CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 - 407-327-5967 FAX:407-32~-6695 APPLICATION FOR ANNEXATION AND SUBSEQUENT COMPREHENSIVE PLAN AMENDMENT & REZONING PETITION PHONE: Zip Code APPLICANT: Carneal Robert MAILING ADDRESS: 2365 Pine Meadows Pl Chuluota FL 32766 407-365-9985 If Applicant does NOT own the property: PROPERTY OWNER: Last \ First Mann Janet M MAILING ADDRESS 233 Carolyn Dr Oviedo FL 32765 City State PHONE: 407-365-3066 Middle Zip Code This request is for the property described below: PROPERTY ADDRESS: 282 West S.R. 434 Winter Springs FL 32708 TAX PARCEL NUMBER: 04-21-31-300-015A-0000 SIZE OF PARCEL: 70,484 1.76 Square Feet Acres Please state the reasons or justification for your Annexation, Comprehensive Plan Amendment (Future \ Land Use ), and Rezoning request: Current COUNTY FUTURE LAND USE Classification: Request for a Change to CITY of Winter Springs FUTURE LAND USE Classificati~n: ~ ~b~~hS If you are requesting an Amendment to the Goals, Objectives, & Policies of the City's Comprehensive ~ ~IV\"" Plan, set forth the proposed Amendment in detail and provide SUPPortil1/ocum~ntation, Current COUNTY ZONING Classification: Request for a Change to CITY of Winter Springs ZONING Classification: e.:- , RECEIVED March 2005 ANNEXATIONS, COMPREHENSIVE PLAN AMENDMENTS and REZONINGS are subject to the Approval of the City Commission. Each action is only effective when the Notice and Vote Requirements of Chapter 166 and 171, Florida Statutes have been achieved. COMPREHENSIVE PLAN AMENDMENTS are subject to the Approval of the City Commission. Each action is only effective when the Notice and Vote Requirements of Chapter 166 and 171, Florida Statutes have been achieved. LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS are subject to Approval by the Florida Department of Community Affairs and are not effective until the Department of Community Affairs issues a "Notice of Intent" to find the Comprehensive Plan Amendment in compliance with the requirements of Chapter 163.3184 and 163.3187, Florida Statutes. Unless otherwise provided by law, the Comprehensive Plan of the City of Winter Springs shall be amended only twice per year in accordance with 163.3187(1) F.S. and Winter Springs Code of Ordinances, Section 15-32 as follows: Application submittal deadlines: Spring- No later than 5:00 p.m. on the first Wednesday 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. Fall- No later than 5:00 p.m. on the first Wednesday in August. The application(s) will be reviewed at a meeting of the local planning agency to be held in October or as otherwise practicable. SMALL SCALE AMENDMENTS may be approved without regard to statutory limits on the frequency of consideration of amendments to the Comprehensive Plan under the conditions approved by law. (see 163.3187 F .S.). APPLICANTS are advised, that if they decide to appeal any decisions made at the meetings or hearings, with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. THE FOllOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: D A copy of the most recent SURVEY of the subject property with Metes and Bounds description. D A copy of the LEGAL DESCRIPTION. D 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. o JUSTIFICATION for the Request. D NAMES and ADDRESSES of each property owner within 150 ft. of each property line. D Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). D APPLICATION FEES: FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development. ANNEXATION $ 500 $ PRE-ANNEXATION AGREEMENT (Optional) $ 1000 $ COMPREHENSIVE PLAN AMENDMENT *per Applicant $ Small Scale (Generally 10 acres or fewer) $ 500 Large Scale (Generally More than 10acres; Text Amendments) $ 1000 REZONING per Applicant $ 500 $ Plus $ 25/acre $ · Pursuant to Chaoter 163 Florida Statutes TOTAL DUE $ Mau:h 2005 By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application. ************************************************************************************** FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY: This is to certify that I am the Owner in fee simple of subject lands described within this Application for Annexation and Subsequent Comprehensive Plan Amendment and Rezoning Petition: Signature of Owner Sworn to and subscribed before me this11TH day of DECEMBER 2006_ Notary Public My Commission expires: Personally Known Produced Identification: (Type) Did take an Oath Did Not take and Oath ************************************************************************************** FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY: I, JANET M. MANN do hereby, with my notarized signature, allow ROBERT COARNEAL to represent me in the Annexation and Subsequent Comprehensive Plan Amendment and Rezoning Petition of my property. 04-21-31-300-015A-0000 Located at 282 434 W OVIEDO and as further identified on the Metes and Bounds description provided with this Application. JANET M. MANN Sworn to and subscribed before me this 11TH DAY OF DECEMBER 2006 The property is identified as: Tax Parcel Number(s) \ ~OnalIY Known ~i~duced ID: (Type) Did take an Oath Did Not take and Oath MARY ELIZABETH LUIZ M'{ COMMISSION II 00 555513 EXPIRES: August 3, 2009 Notary Public RECEIVED ROBERT CARNEAL THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (N' 1/4) OF THE NORTHEAST QUARTER (N' 1/4) OF THE SOUTHEAST QUARTER (S' 1/4) OF SECTION 4. TOWNSHIP 21 SOUTN. RANGE 51 EAST. LESS ROAD RIGHT OF WAY, AND LESS, THE WEST 425 FEET THEREOF. LOT LOT LOT LOT F4 Orlando Sentinel THURSDAY, FEBRUARY I, 2007~ ._ ... _ _ THURSDAY, FEBRUARY &i~~':':~ ]11"- LegalNolii~sl I 11M All ~ i- i'f . ... t, ... ... t. w )> -I -I )> (") ::I: S m z -I O:J ATTACHMENT C ORDINANCE NO. 2007-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF REAL PROPERTY CONTAINING 1.76 ACRES, MORE ORLESS, LOCATED AT282 WEST STATE ROAD 434 WITIDN 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. 2007-01 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2007. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk City of Winter Springs Ordinance No. 2007-01 Page 2 of 3 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. 2007-01 Page 3 of 3 ATTACHMENT B Exhibit 'A' Source: City of Winter Springs & Seminole County GIS Data, January 2007\ I I I -\ o 175 350 700 Feet N Metes and Bounds Description: THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 4. TOWNSHIP 21 SOUTH, RANGE 31 EAST. LESS ROAD RIGHT OF WAY. AND LESS, THE WEST 425 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 57. BARRINGTON ESTATES. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 62. PAGES 77 THROUGH 80, INCLUSIVE, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT BEING ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA; THENCE RUN 500'21'31"E, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 321.38 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 434; THENCE ALONG THE NORTH LINE OF STATE ROAD NO. 434 THE FOLLOWING THREE COURSES; THENCE S89.22'S7"W, A DISTANCE OF 206.37 FEET; THENCE NOO'37'03"W, A DISTANCE OF 5.00 FEET: THENCE S89.22'57"W, A DISTANCE OF 32.30 FEET TO A POINT ON THE EAST LI NE OF THE WEST 425.00' OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE LINE RUN NOO'02'02"W, ALONG THE SAID EAST LINE OF THE WEST 425.00' OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 318.27 FEET TO A POINT ON THE SOUTH LINE OF AFORESAID PLAT OF BARRINGTON ESTATES, SAID POINT ALSO BEING ON THE NORTH UNE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE NB9'SO'13"E. ALONG THE SOUTH LINE OF SAID BARRINGTON ESTATES AND NORTH LINE OF SAID SOUTH 1/2 OF THE NORTHEAST 1/4- OF THE NORTHEAST 1/4 OF" THE SOUTHEAST 1 /4 OF SAID SECTION 4, A DISTANCE OF 236.88 FEET TO THE POINT OF BEGINNING.