HomeMy WebLinkAbout2000 10 30 Public Hearings F First Reading - Ordinance 2000-41 Annexation of Minter Parcel
COMMISSION AGENDA
ITEM
F
Consent
Informational
Public Hearing X
Regular
October 30, 2000
Meeting
v @iiY~
Mgr. I Attor. I ~
Authorization
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a public hearing for first reading and consideration of Ordinance 2000- 41 that would annex
the approximately 34.7 +/- acre (Minter) parcel.
PURPOSE:
The purpose of this request is to annex an approximately 34.7 acre parcel located approximately
1,800 feet north of State Road 434 and on the west side of DeLeon Street.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 171.044(1) F.S. which states in part: "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
into the municipality."
CONSIDERATIONS:
· C. E. & Mary M. Minter Trust, as the applicant, requests annexation into the City of
Winter Springs and city services including police, fire protection, water and sewer when
available.
CDD/October 30, 2000/9:40 AM
OCTOBER 30, 2000
PUBLIC HEARING AGENDA ITEM F
Page 2
· The property consists of approximately 34.7 acres with the northwest corner in active
citrus grove. The remainder is vacant with tree cover.
· The subject (Minter) property is located within the City of Oviedo Joint Planning Area
adopted with Seminole County on September 28, 1999. As far back as 1994, Mr. Minter
has expressed interest in his property becoming part of the City of Winter Springs.
· The City of Oviedo now wants the City of Winter Springs to defer to its Joint Planning
Agreement and cooperate with the City of Oviedo by accepting the City of Oviedo's land
use and zoning designations for the Minter Property. The City of Oviedo does not want
the City of Winter Springs to accept the property owners' request to annex into Winter
Springs because the "proposed annexation is in conflict with the Future Oviedo
Annexation Area map within the JP A which includes the subject (Minter) property.
· City staff member, Thomas Grimms AICP, has been in contact with four (4) adjacent
property owners that also want to be annexed into the City of Winter Springs, but not into
the City of Oviedo.
A. SITE INFORMATION
1. PARCEL NUMBER
03-21-31-300-08C-0000
03-21-31-300-0080-0000
2. ACREAGE:
34.7 +/- acres
G
3. GENERAL LOCATION:
Approximately 1,800 feet north of State Road 434 and west of DeLeon Street.
4. LEGAL DESCRIPTION:
(See First Attachment)
5. CHRONOLOGY OF SUBJECT PROPERTY:
OCTOBER 30, 2000
PUBLIC HEARING AGENDA ITEM F
Page 3
The property is in the unincorporated area of the county.
6. DEVELOPMENT TRENDS:
This general area along S.R. 434 in proximity to the beltway is experiencing
development pressure. In recent years the McKinley's Mill residential
subdivision was built on the south side of S.R. 434 (at 3.5 - 4 DU per acre) just
west of the subject property. Recently, the Battle Ridge property, adjacent on
the west side of the Minter Property, was approved for a 110 lot residential
subdivision (at the same density range as the Minter request.) In the immediate
area just inside of the City of Oviedo there are residential subdivisions between
2 - 4 DU per acre.
7. EXISTING LAND USE OF SUBJECT PROPERTY:
The northwest corner of the property is in active citrus grove and the remainder
is vacant with tree cover.
8. LETTERSIPHONE CALLS IN FAVOR OR IN OPPOSITION:
The following individuals have expressed opposition to annexation: Gene
Williford, City Manager and Debra Pierre, City Planner, from the City of
Oviedo, Jim Logue, Black Hammock Association, and Tony Mathews, Senior
Planner, Seminole County Planning Department
B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
Vacant, treed and active citrus grove.
South:
Partially vacant with an existing commercial operation of small
manufacturing and retail.
East:
DeLeon Street, and further east a residence, orange groves, vacant wooded
West:
Vacant, wooded. (Battle Ridge - Bellfaire 110 Unit Subdivision to be
built)
C. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing:
(County) "Rural-3" (1 DU per 3 acres maximum)
Requested:
(City) "Lower Density Residential" (1.1 - 3.5 DU per acre maximum)
OCTOBER 30, 2000
PUBLIC HEARING AGENDA ITEM F
Page 4
D. FUTURE LAND USE DE SIGNA TIONS ADJACENT TO SUBJECT PROPERTY:
North:
(County) "Rural-3" (1 DU per 3 acres maximum)
South:
(County) "Rural-3" (1 DU per 3 acres maximum)
East:
(County) "Rural-3" (1 DU per 3 acres maximum)
West:
(City of Winter Springs) "Lower Density Residential" (1.1- 3.5 DU per
acre maximum)
E. ZONING OF SUBJECT PROPERTY:
Existing:
(County) A-3 "Agriculture" (1 DU per 3 acres maximum)
Requested:
[ no request at this time]
F. ZONING ADJACENT TO SUBJECT PROPERTY:
North:
(County) A-3 "Agriculture" (1 DU per 3 acres maximum)
South:
(County) A-3 "Agriculture" (1 DU per 3 acres maximum)
East:
(County) A-3 "Agriculture" (1 DU per 3 acres maximum)
West:
(CityofWinter Springs) R-1A "One-Family Dwelling District" (8,000 sq.
ft. minimum lot size).
A. PUBLIC FACILITIES:
1. ROADS/TRAFFIC CIRCULATION:
a. Availability of Access:
Access is to DeLeon Street primarily and then onto S.R. 434
b. Function Classification:
OCTOBER 30, 2000
PUBLIC HEARING AGENDA ITEM F
Page 5
DeLeon Street is classified as a local road and S.R. 434 is classified as an urban
arterial.
c. Improvements/expansions (including right-of-way acquisition) already
programmed or needed as a result of the proposed amendment.
At the time of development of the property, the developer would have to meet
the requirements of the City of Winter Springs Land Development Code,
specifically Chapter 9.
2. SANITARY SEWER, SOLID WASTE, STORMWATERMANAGEMENT,
POTABLE WATER:
POTABLE WATER:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
The Battle Ridge property agreement requires the developer of the Battle Ridge
Property to extend a trunk line from the south side of S.R. 434 at Vistawilla
Drive eastward across S.R. 434 to the Bttle Ridge property. The Battle Ridge
Property owner is only required to pay for extension of a water trunk line that
can adequately serve that property. No requirement is made upon the Battle
Ridge property owner to oversize the trunk lines. The City of Winter Springs,
may if it chooses to do so, make other arrangements for any sizing beyond that
which is needed to serve the Battle Ridge Property. Any property owner to the
north would pay the cost to lay the water line to their properties, and pay a
proportionate share for extension of the trunk line coming from the west.
SANIT AR Y SEWER:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
OCTOBER 30, 2000
PUBLIC HEARING AGENDA ITEM F
Page 6
The Battle Ridge Property Agreement requires the developer of the Battle Ridge
property to extend a trunk line from the south side ofS.R. 434 at Vistawilla
Drive eastward along S.R. 434 to the Battle Ridge property. The Battle Ridge
property owner is only required to pay for extension of sewer trunk line that can
adequately serve that property. No requirement is made upon the Battle Ridge
property owner to oversize the trunk lines. The City of Winter Springs, may if
it chooses to do so, make other arrangements for any sizing beyond that which
is needed to serve the Battle Ridge property. Any property owner to the north
would pay the cost to lay the sanitary sewer line to their properties, and pay a
proportionate share for extension ofthe trunk line coming from the west.
RE-USE WATER SYSTEM:
a. Facilities servin~ the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
None. There are no plans to extend re-use water lines to serve the subject
property or Battle Ridge property.
DRAINAGE/STORMW ATER:
a. Facilities serving the site.
None. No structural drainage system.
b. Improvements/expansions needed as a result of proposed amendment:
If the property is developed, then the project must meet Sec. 9-241 City Code
requirements and SJR WMD and other applicable requirements. Post
development runoff cannot exceed pre-development runoff using a 25 year, 24
hour storm event for design. There must be a clear recorded easement for the
infrastructure. The easement must be definitive for maintenance of structural
facilities.
SOLID WASTE:
OCTOBER 30, 2000
PUBLIC HEARING AGENDA ITEM F
Page 7
a. Facilities serving the site.
The City has an exclusive franchise agreement with a solid waste hauler, Florida
Recycling, until 2006.
b. Improvements/expansions needed as a result of proposed amendment:
None.
3. RECREATION AND OPEN SPACE
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of the proposed amendment:
The property would involve a residential subdivision~ hence there would be a
requirement for recreational facilities or payment in lieu per Goal 1, Objective
E, Policy 1 of the Recreation and Open Space Element in the Comprehensive
Plan.
4. FIRE:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
The response time is 5 to 6 minutes. A proposed Fire Station # 28 just west of
Courtney Springs Apartments is scheduled to be built in Fiscal Year 2003-4.
The estimated response time when the new Fire Station is operational would be
2-3 minutes. Under the First Response Agreement between the City and the
County, the City already services the subject property.
5. POLICE:
OCTOBER 30,2000
PUBLIC HEARING AGENDA ITEM F
Page 8
a. Facilities serving the site:
None.
b. Improvements/expansions needed as a result of propOsed amendment:
None. The response time to the subject property would be: emergency
response time is 3.5 minutes, non-emergency response time is 4.5 minutes. The
average is 4.3 minutes over the entire City.
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends the Commission hold a public hearing for first reading and consideration of
proposed Ordinance 2000-41 to annex the C. E. & Mary Minter Trust Property.
IMPLEMENTATION SCHEDULE:
A public hearing for second reading and adoption of Ordinance 2000-41 would be held on
November 13, 2000. The ordinance would become effective immediately upon adoption per
Sec. 4.15(c) City Charter and 166.041(4) F.S.
ATTACHMENTS:
A. Proposed Ord. 2000-41
B. Location of Minter Property
C. City of Oviedo Joint Planning Area Map showing "Future Oviedo Annexation
Area".
D. Annexation application
COMMISSION ACTION:
CDD/October 30, 2000/9:40 AM
ATTACHMENT A
ORDINANCE NO. 2000-41
AN ORDINANCE OF THE CITY COMlVlISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ANNEXING RI!:AL
PROPERTY LOCATED WITlHN SEMINOLE COUNTY,
FLORIDA AND LEGALLY DESCRIBED AS TI-lli
NORTHWEST QUARTER OF THE NORTlfWEST QUARTER
(NW 1/4 OFNW 1/4) OF SECTlON J, TOWNSHIP 21 SOUTH,
RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, LESS
THE SOUTH 340 FEET OF TflE EAST 660_00 FEET
THEREOF AND ALSO DEPICTED ON EXHIBIT "A"
HERETO; PROVIDING FOR THE AMENDMEN,T OF
WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES
TO lNCORPORA TE THE REAL PROPERTY INTO THE
CITY BOUNDARIES; PROVIDING FOR T~ FILING OF
THE REVISED WINTER SPRINGS CHARTER WITH
APPROPRIATE AGENCIES UPON SAID APPRO V AL;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS. this is a voluntary annexation which shall be pursuant to the annexation
procedures contained in Section 171.044. Florida SIOltlleS; and
WHEREAS, the City Commission has cletermined thaI 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 alisfies the requiremems for annexation; and
WHEREAS, this annexation is in compliance and consistent with the goals and ohjectives
of the City of Winter Springs Comprehensive Plan. Chaner, and City Code; and
'WHEREAS. upon effective date of this Ordinance, the municipal boundary lines of (he
City of Winter Springs. contained in Winter Springs Charter, Article II, shall he redefined 10
include the subject recti property; and
WHEREAS, the City Commission of the City ofWinrer Springs, Florida hereby fmds that
this Ordinance is in the best interests of (he public health. safety. and welfare of the cilizens of
Winler Springs, Florida.
CilY of Winter Springs
Ordin(l.J1ce No.2000-41
PAge 1 of 1
NOW, THEREFORE, TJ-m CITY COMJ'uSSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Scctj.Q!!.1... Annexation of Real Property. The :1rC;l of rl:i11 property. which i~
more particularly described in the metes and bounds legal description and map attached hereto as
Exhihit "A", is hereby annexed intO the City of Winter Springs by me City Commission. Exhibit
"^" is hercby fully incorporated herein by this reference.
~tion 2, City Boundaries Redefined; Winter Springs Charter Amended.
Pursuant [0 Section 166.031(3). Florida S/aIUles. and Section 171.091, Florida Srawles, the City
of Winter Springs Chartcr, Anicle IT. Section 2.01, shall hereby be amended to redefme the
corporate boundaries of the Ciry of Winter Springs to include the area of real property described
in Section 1 of this Ordinance. The City Clerk sh3ll file the revised Winter Springs Charter,
Article II, Section 2.01, with the Depanmem of State within thirty (30) days upon said approval.
The City Clerk shall also file tbis Ordinance wim 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.
Sectit)1l1... Repeal of Prior Inconsistent Ordinances ond Resolutions. A II ordinances
and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to
the extent of the conflict.
Section 4. Severability. Should any section or provision of !his Ordinance, or any
ponion hereof. any paragraph, sentence. or word he 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.
Se{tion 5, Efft~di~'e Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs. Plorida, in a regular
meeting assembled on the _ day of , 2000.
Paul P. Pat1yka. Mayor
ATTEST:
Andrea Lorenzo- Luaces, City Clerk
City of Winter Spring~
Ordi.nance Nn.2000-t11
P:lge 2 0 f 3
^pproved as {O legal [ann and sufficiency for
tbe City of Winter Springs onJy
Anthony A. Garganese. City Attorney
First Reading:
Second Reading:
Effective Date:
F:\DOCSu":ll)' ..,[ Wp,l~l 0rH illo~\}...tlntC( Ordiowcc'.rntnlcr urJiU/'.IlL'C, ~J
CiLy of Winter Springs
Ordin:mcc No.2000-4 I
Page 3 of 3
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I BoWYER
SH'TGLETON
I &:. A5S0ClATES, lNcOR1'O_~'!.'RDu
Minter
Property
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520 SOUl'l'l MAGNOLIA AVt::NUE
ORLAI-.JDO, r-LORIDA 32001
(,j07) BA-3-S120
FAX 407-<.09-8684
ComprQ/JonS/v8 Policy
P/f1f7 Amondmont
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10-17-00 ~SA-I~!
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ATTACHMENT B
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Site Location
Map
~WYER
0Jlll~GlE1DN
& AssOCIATES, INCORPORATED
Minter
Property
520 SOUTH MAGNOLIA AVENUE
ORLANDO. FLORIDA 32801
(407) 843-5120
FAX 407-649-8664
Comprehensive Policy
Plan Amendment
Prepared For:
Tom Minter
ENCINEEftlHC . 'LANNINC . SURV(YINC . ENVlflONME'NrAI
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ATTACHMENT D
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (407) 327-1800
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APPLICATION FOR ANNEXATION
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This is a request for annexation into the City of Winter Springs
of the property described below:
APPLICANT: C.t:, ~ (r\uYU:\ 1''1\ i (Y\~~
Last --U First
ADDRESS: _1 ~ 0 0 b E ~~OV\. St.
o \) I fr~ b0 fJ,..()(( \ (J V+-
City State
PHONE: <-lo'! 3(O~I3lJ.?O
t{O 1 3'iq -rlt ;).3
Middle
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3).., (p~
Zip Code
Address of Property proposed for annexation in the City:
Size of Parcel:
ADDRESS: I <10<.') h~oY\ St'.
o U l € \")() F- L . :3 '). I 1.0 r- .
Ci ty . I State _ ' J.(ZiQ. Cod.e -~11
03-:) \ - 31. - 300 '- 00 9c '- 0000 ~ l..fY7, ~y. I '78'0. ()o
Tax Parce.l Number: 03.-).1-31-'31')0 (:)0[20-0000 $,,;..tCiJ...f2-)
3CJ-,-z sq'. ft.~~
Ke~J '~
County Future Land Use Classification
County Zoning Category
A-~3
. ,
Intent of request for annexation into the City of Winter Springs:
r~i~"t t:u ~ \-r~O jU-~ .
'. .' ~ \..,.., "" ,."... '....I....
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.
(J ~._<
SIGNATURE OF OWNER
Sworn~~o and sUb~ibed before
this~ day of' U::;r
VOW J:'9 _.
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NOTARY PUBLIC
M~l~~sion
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expires:
me
Personally Known ">. _
-V-Produced Identification/type of I.D.1iouOA J)i7t..ee..5 be&-;se.
l-bt..-'"fI M S ~~.~ 938-1./(p.lI:;JO
**~**************************************************************
FOR USE WHEN APPLICANT IS NOT THE OWNER OF SUBJECT PROPERTY
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.
_Did take an oath
Did not take an oath
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N. 00.00'00 E.
EAST LINE OF NW 1/4 OF NW 1/4 OF SECTION .3
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\ L SOUTH LINE OF THE NW 1/4 OF NW 1/4 OF SECTlON 3
L BARBED 'MRE FENCING ON OR NEAR PROPERTY LINE
DESCRIPTION:
BOUNDARY SURVEY
The Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4) of Section 3,
Township 21 South, Range 31 East, Seminole County, Florida, less - the South 340 feet
of the East 660.00 feet thereof.
NOTES: Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
The survey depicted here is not covered by professional liability insurance.
SCALE: 1 "
200' JOB NO: 987907
FILE: S 3, T 21 S, R 31 E
DATE: MARCH 28, 1998
FOR:
CLINTON E. MINTER and MARY M. MINTER TRUST
\..
PHILLIP E. HAMPTON, PLS
"CONSULTING LAND SURVEYING SERVICES"
293 CRYSTAL CIRCLE, OVIEDO, FLORIDA, 32765
PHONE (407) 365-6091 FAX (407) 366-8916
I HEREBY CERTIFY, to the partiel!l lliIted hereon. ilia t
this drawing represent.l!l a survey, made by me or my
representatives, in accordance with the information
l!Iupplied to me, by said parties, without benefit of a
title l!Iearch unless they I!IO supplied, and meets the
llINIlCOll TECHNICAL STANDARDS FOR SURVEYS in the State
of Florida. (as set torth by the Board of Professional Land
Surveyors in Chapter 61G!? ot the Florida Administrative
Code), and I further CERTIFY thAt I have consulted the
Federal Emergency Yanagem.ent-Agency's Flood Insurance
Rate Yap tor thiI!I eres and f()undthat thiI!I property Lies
in Flood Zone(s) AE & X.
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PHILLIP E. HAW'TdN. RLS-a7.44
PROFESSIONAL LA..~SURVEYOR
STATE OF FLORIDA
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