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HomeMy WebLinkAbout2000 10 30 Public Hearings E First Reading - Ordinance 2000-40 Annexation of Weaver Parcel COMMISSION AGENDA ITEM E Consent Informational Public Hearing X Regular October 30, 2000 Meeting ~ Mgr. / Attor / Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for first reading and consideration of Ordinance 2000- 40 that would annex the approximately 30+/- acre Weaver parcel. PURPOSE: The purpose of this request is to annex an approximately 30+/- acre parcel located approximately 600 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: . Donald Edwin Weaver, 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, 200019:05 AM OCTOBER 30, 2000 PUBLIC HEARING AGENDA ITEM E Page 2 . The property consists of approximately 30 acres with two businesses: Mid-Florida Motorsports and Global Contacts. · The subject (Weaver) 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. Weaver 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 Weaver 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 JPA which includes the subject (Weaver) 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 31-20-31-300-0040-0000 31-20-31-300-0048-0000 31-20-31-300-004C-0000 31-20-31-300-0090-0000 2. ACREAGE: 30 +/- acres 3. GENERAL LOCATION: Approximately 600 feet north of State Road 434 and west of DeLeon Street. OCTOBER 30, 2000 PUBLIC HEARING AGENDA ITEM E Page 3 4. LEGAL DESCRIPTION: (See First Attachment) 5. CHRONOLOGY OF SUBJECT PROPERTY: 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 Weaver Property, was approved for a 110 lot residential subdivision (at the same density range as the Weaver 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: Just over half the property is in crop growing, with buildings/sheds. 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, Seminole County Planning Department. B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: Vacant, partly treed. North: South: Vacant, treed. East: DeLeon Street, and further east a residence, orange groves, vacant wooded West: Vacant, wooded. (Battle Ridge - Bellfaire 110 Unit Subdivision to be OCTOBER 30, 2000 PUBLIC HEARING AGENDA ITEM E Page 4 built) C. FUTURE LAND USE DE SIGNA TION 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) D. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY: North: (County) "Rural-3" (I DU per 3 acres maximum) South: (County) "Rural-3" (l DU per 3 acres maximum) (Oviedo) "Low Density Residential (1. 0 - 3.5 DU per acre) East: (County) "Rural-3" (l 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) and (Oviedo) "Agriculture" (1 DU per 2 acres maximum) East: (County) A-3 "Agriculture" (1 DU per 3 acres maximum) West: (City of Winter Springs) R-IA "One-Family Dwelling District" (8,000 sq. ft. minimum lot size). OCTOBER 30, 2000 PUBLIC HEARING AGENDA ITEM E Page 5 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: 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, STORMWATER MANAGEMENT, POTABLE WATER: POTABLE WATER: a. Facilities serving the site. None. b. Improvements/expansions needed as a result of prooosed 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 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 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 OCTOBER 30, 2000 PUBLIC HEARING AGENDA ITEM E Page 6 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 of the trunk line coming from the west. SANITARY SEWER: 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 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 of the trunk line coming from the west. RE-USE WATER SYSTEM: a. Facilities serving 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. OCTOBER 30, 2000 PUBLIC HEARING AGENDA ITEM E Page 7 b. Improvements/expansions needed as a result of prooosed amendment: If the property is developed, then the project must meet Sec. 9-241 City Code requirements and SJRWMD 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: 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. OCTOBER 30, 2000 PUBLIC HEARING AGENDA ITEM E Page 8 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: 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 2000-40 to annex the Donald E. Weaver Property. IMPLEMENTATION SCHEDULE: A public hearing for second reading and adoption of Ordinance 2000-40 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. OCTOBER 30, 2000 PUBLIC HEARlNG AGENDA ITEM E Page 9 ATTACHMENTS: A. Proposed Ord. 2000-40 B. Location of Weaver Property C. City of Oviedo Joint Planning Area Map showing "Future Oviedo Annexation Area". D. Annexation Application COMMISSION ACTION: ATTACHMENT A ORDINANCE NO. 2000-40 AN ORDINANCE OF THE CITY C01\1MIssrON OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL PROPERTY LOCATED AT 1650 DELEON STREET WITHIN SEMINOLE COUNTY, FLORIDA AND LEGALLY AND MORE GENERALLY DESCRIDED IN EXHIBIT "A" HERETO; PROVIDING FOR THE AA1ENDMENT OF WfNTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES TO L-.,rCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRJNGS CHARTER' WITH APPROPRIA TE AGENCIES UPON SAID APPROV 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 lhe annexa lion procedures contained in Section 171.044, Floridn Swrutes: and WHEREAS, the City Commission bas determined that the suhject real property is reasonably compact and contiguous with the houndaries of the City of Winter Spring~ and wi II not. create all enclave and othcnvise satisfies the requirements for annexation: and \VHEREAS, this annexation is in compliance and consistent with the goals and objectives of the City of Winter Springs Compreheru;ive Plan, Charter, and City Code; and WHEREAS. upon effective date of this Ordilliluce, the municipal boundary lines of [he City of Winter Springs, contained in Wimer Springs Charter. Article II, shall be redefined (0 include the subject real property; and WHEREAS, the City Corrunission of the City of Winter Springs, Florida hereby finds thaI this Ordinance is in the hest interests of the public health. safety, and welfare of the citiz.ens of Winter Springs. Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs OrJi.n:ll1CC No.2000-40 Pag.: I of J ~(tion 1. Annexation of Real Propnty. The area of real properly, whieh is more p:lrticularly described in lhe meles and bounds kgal description and map attJched hereto as Exhibit" A", is hereby annexed inlo the City of Willlt::r Springs by tht: City Commjssion. Exhihit .. A" is hereby fully incorporated herein by this rdt:lcJlcc. Section 2, City Bound:lrics Redefined; Winter Springs Charter Amended. Pursuant to Section 166.031 (3), Florida SraTllres. and Section L 71.091, Florida Statutes, tht: City of Wintcr 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 1 of this Ordinance. The City Clerk shall file the reviseu Willtcr Springs Chal1er, Article II. Section 2.01, with the Department of' State within lhirty (30) days upon said approval. The City Clerk shall als9 file this Ordinance with the Clerk of the Circuit Court of Seminole County. the Chief Administrator of Seminole County. and the Depat1ment of State within seven (7) days of the effective date. Se(tion 3. Repeal ot" Prior inconsistent Ordinances and Resolutions. All ordinances and resolutions or pans of ordinances and resolutions in conflict herewith are hereby repealed (0 the exLent of [he conflict. Sedion 4. Severability_ Should any section or provision of tills Ordinance. or any portion hereof, any paragraph, sentence. or word be declared by a Court of competcntjurisdiction 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 5. Effective Date. Tllis Ordinance shall become effective immediately upon adoption by the City Conunission of the City of Winter Springs. Florida. ADOITED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2000. Paul P. Partyka, Mayor ATTEST: Andrea L<>rcmo-Lu3ccS, City Clerk City of Winter Sprinf:~ Ordinance No.200Q-40 Page 2 of 1 Approved as 10 legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney Firs{ Reading: Second Reading: Effective Date: f:\pOCS\Ciry ofV.'rnlcl $prult;s\V/iA\'tf Ordirtancc\I,I.'('a....cr IJnJtJI1I11t.t.kj City of Winter Springs Ordiollocc No.1000-40 Pagc3of3 -" --- - .- - LEG SEe 03 TWr- 215 f\GE 31E E 245 FT OF 5 ~~8~. 75 n OF S ?I.) or 1-1 S/tj OF r: 1/2 or S~J l/tj or:- I~~} l/lj ( LES~i S 1\")0 FT . 1\1>) ,., H\!); I{,SO D[ LEClIl 5T LEG SEe 03 HJF' 215 RGE 31E N ?/3 OF S 3/4 OF E 1/2 OF SW 1.14 OF NW 1/4 (lESS bEG Sf COR r<UN N 385_/5 FT W ::!45 FT S 42 FT W 197 FT S TO A F'T W OF flEG E TO [fEG 3. RD) PAIl: 1740 DELEOI~ ST SEe 03 TlJP ~lS RGI: 31F.. W 197 FT OF E 4'l2 FT OF S 343.75 PT OF S 2/3 OF ~J ::;/tj or f:: 112 OF SW 1/4 OF NW l./4 (l.ESS- S 100 FT OF E 19 FT:, LEG SEC 05 TWf ..- 31E-'-" ~!S RGE W 1./2 OF SW 1/'1 01- NW 1/4 . EXHIBIT I ~A .\ -- - ... ~ -., Property Legal Description BoWYER SfNGlElDN & A..qsocl ATB 3 , INcOJU>ORATHD Weaver Property G20 SOUTH MAONOUA AVENUE ORLANDO. FLORIDA 32601 (407) (\43-5120 FIV( "0-' -I3AO-800-4 Comprohonslvo Policy Pftm Amondmcnt Proparod FOL- Don W08vor (...CI~ft"I""'.c. . "l__,NG . "lI-"""-'" . f.....'.ON..(...fAl 10-/7-00 9SA-/4 ATTACHMENT B 1. Site Location Map ~WYER 0JlU. ~GLE'IDN &: AssOCIATES, INCORPORATED Weaver Property 520 SOUTH MAGNOUA AVENUE ORLANDO, FLORIDA 32801 (407) 843-5120 FAX 407-649-8664 Comprehensive Policy Plan Amendment Prepared For: Don Weaver ENCIH([.UNC . 'tANHIHe . SURVEYINC . ENVI"ONM[HrAI 10-17-00 BSA-14 ATTACHMENT C -- / L~VIEDO J P A --..I sneil cr LA JESUP ATTACHMENT D --- I OVIEDO JP A ~/ ~ Sheil cr LA JESUP WEA VER PROPERTY CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708 Telephone (407) 327-1800 ~~~ G>'I />>,.~, ~'V~~ {;>Q~ 0" I. < /() 'I JIll ~VI", I.J - It'liIyO'''~1y (.. ~v .s/::, "'0.0 "Y/tv, 0., G.s 'It APPUCATIONFOR~TION APPLI CANT: Weaver, Rev. Trust Donald Edwin Last First Middle ADDRESS: 844 Lake Mills Road Chuluota FL 32766 City state Zip Code PHONE: (407) 365-5022 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: ADDRESS: 1650 and 1740 Deleon Stre~t Oviedo City FL State 03-21-31-300-0040-0000 03-21-31-300-0048-0000 32765 Zip Code 03-21-31-300-004C-0000 03-21-31-300-0090-0000 Tax Parcel Number: Size of Parcel: 30+ acres sq. ft./acres. County Future Land Use Classification County Zoning Category A-3 Intent of request for annexation into the City of winter Springs: We have been invited to apply for annexation with the city of Winter Springs ln order to extend its boundaries. Please find the attached occupations and trades being performed at the above named addresses. We wish to continue with these exceptions to zoning until such time as residencial/commerical can be obtained from Winter Springs. ./ TO BE SUPPLIED AT THE TIME OF SUBMISSION OF APPLICATION: * A copy of the most recent survey of the subject 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 $ 25 50 words 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. ~ SIG ATURE OF OWNER Sworn to and subscribed before me this~ day of Ao(..., ~~~- #~\. Tania Haas ~ ~ ~ My Commission tC909506 .,~ ,.~ Ex ir F ~~ My c~t6iof/n expires: . Personally Known \ ~Produced Identification/type of 1.0. l1oLlo~ou~~eer;6e -II W//PO-IQ5. ..3o~37</-O ***************************************************************** 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 1.0. ----Did take an oath Did not take an oath Seminofe County Government C\lrrcnll'lanning Division 1101 Easl Firsl SUCCI Sanford FL 32771 Telcphonc (407) 321-1130 Ext 7433/7444 FAX 328-3239 October 30, 1996 Mr. Don E. Weaver 844 Lake Mills Road Chuluota, Florida 32766 Re: Don E. Weaver Rev Trust Tax ID#: 03-21-31-300-0040-0000 1650 Deleon Street Dear Mr. Weaver: Based upon a recent inspection by our Code Enforcement Inspector and your letter of October 23, 1996, we are in agreement as to the uses which you have enumerated in your letter. Those businesses are as follows: Mid-Florida Motorsports and Global Contacts These businesses are classified as non-conforming and therefore are subject to the applicable regulations within the Land Development Code (Sec. 30.1348). These uses were determined to be non-conforming uses and approved to remain based upon the 1991 Comprehensive Plan Update and the Greenway study. If, in accordance with the regulations, these uses cease for a period of 180 days or longer, its future use shall revert to the uses permitted in the district in which said land is located. The fact that these uses are considered to be non-conforming does not relieve the property owner fi'om any required compliance with applicable Public Safety requirements. Thank you for your letter with the information regarding these businesses and I ,./ill have au!' Code Er:.for(,frne~1t. Ol}lsp. ten-rU.m~t~ their activity relative to any alleged code violations on this property. In may be of further assistance, please let me know. Sincerely, ~;jttAf~ John Dwyer Current Planning Manager cc: Pamela Taylor, Code Inspector Colleen Rotella, Comprehensive Planning Div. tl The following is a list, but not limited to, occupations/trades being performed at 1650 and 1740 Deleon Street: Paint Booth Welding (custom and manufacturing) Lawn care service Automobile mechanics Automobile body service Automobilelboat fiberglass repair Manufacturing air boats/trailers Sales/service of air boats Inside/outside automobilelboat storage Storage in refrigeration coolers Storage of refrigerator equipment Commercial refrigation Seminole County HEAT program (Sheriff's Department) Sand blasting services Car pick-up and delivery services Vending machine operations Restoring antiques/collectibles Repair/maintenance of farm equipment Agricultural storage Storage of farm chemicals Storage of farm equipment Retail sale of hay/farm animal food Aquatic shrimp farm Farm offi ces Agricultural consulting services Wholesales wax and cleaning supplies Manufacturing of exercise equipment 38,000 square feet insulated storage buildings Mid-Florida Motorsports and Globed Contacts are businesses that are classified as non-forming and approved to remain based upon the 1991 Comprehensive Plan Update and the Greenway Study.