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Home My WebLink About2006 07 24 Public Hearing 205 Bledsoe lot split COMMISSION AGENDA ITEM 205 Public Hearing X July 24, 2006 Meeting Mgr. Dept. REQUEST: Community Development Department requests that the Commission approve the Bledsoe lot split, and authorize its recordation. PURPOSE: The purpose of this agenda item is to approve and authorize recordation of the Bledsoe lot split. The applicant wishes to divide an existing 2.70 acre parcel (The East 1/2 of Lot 10, Block B, North Orlando Ranches, Section 1) into one 1.15 acre lot fronting Hayes Road and one 1.55 acre lot (with the existing home) fronting E. Panama Road and abutting Hayes Road. APPLICABLE CODE: Section 9-1. Definitions. Section 9-2. Division of land; City Commission approval required. Section 9-3. Dividing platted property. Section 9-4. Waiver to subdivision requirements. Section 9-10. General Criteria for Approval. Section 9-11 Lot Splits. Section 20-1. Definitions. Section 2(b), Article VIII, of the State Constitution Chapter 177, Florida Statutes. Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent). CONSIDERATIONS: The 2.7 acre site is located on the north side ofE. Panama Road and east side of Hayes Road. The site has a Rural Residential Future Land Use designation (minimum 1 acre lots) and RC-I zoning (minimum 1 acre lots). The site contains the applicant's home. The proposed lots are smaller than those immediately adjacent lots, but are consistent with other nearby lots. Attorney Richard Taylor has provided the attached letter of May 17, which addresses the lot sizes within the Ranchlands. He has also provided a petition with the signatures of 9 neighbors, stating they July 24, 2006 Public Hearing Agenda Item 205 Page 2 have no objection to the lot split. Staff believes that the applicant has demonstrated that the 2 proposed lots will be compatible and in harmony with the surrounding neighborhood with respect to size of the existing surrounding lots and development trends in the neighborhood. The property has been posted, to notify the neighbors of the proposed split (although not required by Code). Staff has reviewed the application and believes that the application is consistent with all of the criteria set forth in Section 9-10 (General Criteria for Approval): (a) The application is in compliance with the provisions of this chapter and applicable law . Yes (b) The application is consistent with the city's comprehensive plan and applicable city master plans. Yes (c) The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city commission. Yes (d) The application does not create any lots, tracts ofland or development that do not conform to the city code. Yes (it does not create non- conforming lots) (e) The applicant does not create burdensome congestion on the streets and highways. Yes (it does not create congestion) (1) The application promotes the orderly layout and use of land. Yes (g) The application provides for adequate light and air. Yes (h) The application does not create overcrowding of land. Yes (it does not create overcrowding) (i) The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. Yes (it poses no harm to provision of these services) (j) The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. Yes (both lots abut an existing operable public roadway) The lot split is also consistent with Section 9-11 (Lot Splits). No new streets or other public infrastructure improvements are required that warrant an engineered subdivision plan. There are no known wetlands or other environmental constraints that would inhibit development ofthe site. CHRONOLOGY: February 27,2006 March 21, 2006 April13,2006 May 17, 2006 Application received by the City of Winter Springs Staff review Staff met with attorney Richard Taylor Staff met with attorney Richard Taylor 2 July 24, 2006 Public Hearing Agenda Item 205 Page 3 FINDINGS: 1. The lot split is consistent with the Comprehensive Plan. 2. Staff believes the application is consistent with sections 9-10,9-11, and other applicable City Code provisions. 3. The City staffhas reviewed the lot split and recommends approval, subject to (1) the City Attorney's review and approval of the surveys and title opinion. The applicant must make any changes or provide any additional information required by the City Attorney, prior to execution and recordation. The applicant must pay for recordation and the City's copies of the plat before recordation. RECOMMENDATION: Staff recommends that the City Commission approve and authorize recordation of the Bledsoe lot split, subject to (1) the City Attorney's review and comments and (2) the applicant to pay for recording the lot split resolution. ATTACHMENTS: A Location map & application package B Survey & legal description C Richard Taylor letter & petition D Lot split resolution COMMISSION ACTION: 3 ----- ATTACHMENT A Municipal Address Map Book Apr 2005 City of Winter Springs, FL Map page 2436 Developed by: Southeastern Surveying & Mapping Corp. CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5966 FAX:407-327-6695 TjrxfpJ5d.- APPLICATION FOR SUBDIVISION REVIEW LOT SPLIT o PRELIMINARY Subdivision Plan o FINAL Subdivision Plan o COMBINED PRELIMINARY / FINAL o Subdivision Plan Sales Trailer o RESUBMITT AL PROPERTY OWNER: Wheaton William A Bledoe Elsie M 180 E. Panama Rd. Winter Springs, FL 32708 407-695-0651 407-619-0315 Tax Parcel Number 02-21-30-581-0B00 Zoning Residential The PLANNING & ZONING BOARD shall review Subdivision Plan Applications and make a written recommendation to the City Commission. The CITY COMMISSION shall render all final decisions regarding Preliminary and Final Engineering Plans and may impose reasonable conditions on any approved plans to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on the applicable criteria as set forth in the City's Code of Ordinances Chapter 9, Land Development and Chapter 20, Zoning. 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 ofthe 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: o A copy of a recent SURVEY of the subject property. o A copy of the LEGAL DESCRIPTION. o TREE SURVEY. Trees with a caliper of 4" or greater, shall be included. Trees with a caliper of 24" or greater, require approval of City Commission for removal and shall be higWighted. (Caliper is to be measured at 12" from the soil level.); For TREE REMOVAL MITIGATION, see Chapter 5 Tree Protection and Preservation. X Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see following page). o SUBMITTED DRAWINGS are to be "D"-size drawings (24"x36"): For StafIreview: Twelve (12) copies, folded; For Planning & Zoning Board: Ten (10) copies, folded plus one (1) pdfelectronic copy; For City Commission: Twenty (20) copies, folded plus one (1) pdf electronic copy. o 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. ------------------------------------------------------------------------------------------------------------------------- LOT SPLIT $500 ----------------------------------------..------------------------------------------------------...----------- RESIDENTIAL SUBDIVISION PLAN PRELIMINARY SUBDIVISION PLAN Engineering (includes 2 reviews) FINAL SUBDIVISION PLAN Engineering Plans (includes 2 reviews) COMBINED PRELIMINARY/FINAL (includes 4 reviews) $1200 + $5/lot $1000 + $10/lot $2200 + $15/lot ----------------------------------------------------------------------------..------------- NON-RESIDENTIAL SITE PLAN PRELIMINARY SUBDIVISION PLAN Engineering (inc. 2 reviews) FINAL SUBDIVISION PLAN Engineering Plans (includes 2 reviews) COMBINED PRELIMINARY/FINAL (includes 4 reviews) $3000+$5/1ot $2500+$10/lot $5500+$15/lot ---------------------------------------------------------------------------------------------------- SALES TRAILER PLAN $200 ----------------------------------------------------------------------------------------------- RECORD PLAT + actual cost $500 ------------------------------------..-------------------------------------------------------- RESUBMITTAL (each review) $500 ------------------------------------------------------------------------------------------------------- TOTAL DUE $ 2 March aJ05 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 Site Plan Review: Elsie M. Bledsoe William A. Wheaton Notary Public My Commission expires: KATHERINE M. RICHARDSON Commission #000106737 Expires 4/7/2006 Bonded Thru' Florida Notary Assn., Inc. X Personally Known Produced Identification: (Type) Did take an Oath fr Did Not take and Oath ************************************************************************************** FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PR.OPERTY: I, do hereby with my notarized signature allow to proceed with Site Planning on my property. The property is identified as: Tax Parcel Number(s) Located at and as further identified on the Metes and Bounds description provided with this Application, Signature of Owner( s) Signature ofOwner(s) Sworn to and subscribed before me this day of 20_, Notary Public My Commission expires: Personally Known Produced Identification: (Type) Did take an Oath Did Not take and Oath 3 March XlOS Proposed Lot Split ATTACHMENT B Lot 1 Block B Panama Road Hayes Road Lot 10 Block B Proposed Lot 10 - B RECORD SURVEY REAL PROPERTY DESCRIPTION The East 1/2 of Lot 10, Block B, North Orlando Ranches Sec 1 according to the Plat thereof as recorded in plat book 12 page 3 of the Public Records of Seminole County, Florida Lot 1 Block B Surveyors Notes Not valid without the signature and the original raised seal of a Florida licensed surveyor and Mapper. The Real Property description shown hereon is in accordance with the description provided by the client. No underground improvements or visible installtions have been located other than shown. Bearings are based on the south line of said lot assumed as being 89'54'51" W, per plat. Having consulted the National Flood Insurance Program Firm, I have determined that the subject property Surveyor has not abstracted lands shown hereon for easement ATTACHMENT C LAW OFFICES OF RICHARD S. TAYLOR, JR. 531 DOG TRACK ROAD POST OFFICE BOX 1117 LONGWOOD, FLORIDA 32752- TELEPHONE (407) 339-7888 FAX (407) 830-9540 May 17,2006 VIA HAND DELIVERY Mr. John Baker, Senior Planner City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: Elsie Bledsoe and William Wheaton 180 Panama Drive East, Winter Springs, Florida 32708 Dear Mr. Baker: My client is ready to proceed with the hearing on the proposed lot split before the Winter Springs City Commission. Please schedule this hearing at the first available time. As we have discussed during our few meetings, I believe that there are numerous lots in North Orlando Ranches Subdivision which are an acre or less. My review of the Plat of the subdivision reflects the following lots which appear to be approximately one (1) acre or less: I. Lot 3 = 3 lots on 3,505 acres. 2. Lots 2A and 2B = 175 x 383 x 281 - 2A and 2B - 2.662 acres with lot 2A being considerably smaller than lot 2B (less than 1 acre). 3. Lots 9A and 9B = I lot between subject property and these 2 lots. Total of 3,652 acres with the closest lot at 160 East Panama being considerably smaller (approximately 2/3rds the size or 1.4 acres). 4. Lot 4 = has less than one acre lot cut out of it (on Panama Road). Mr. John Baker, Senior Planner May 17,2006 Page 2 5-9. Lot 9 (Tradewinds at end of Moss Road) = 4 lots approximately 48,960 sq. ft. each (1.12 acres each). 10. Lot 3 comer of Moss Road and Bahama = 4 lots on less than 1 acre or some approximately 1 acre - no dimensions on Plat. 11. Lot 4A - East Panama = 3 lots down from Hayes - 255 x 250 - 56,250 or 1.29 acres (appears on plat to be less than 1 acre, however). 12. Lot 4 on Tradewinds, 2 blocks off Hayes Road = 1.13 acres. 13. Lot 3 comer Hayes and Tradewinds = 1.36 acres. 14. Lot 1 comer of Trade winds and Hayes = .56 acres. 15. Lot 2 - no dimensions = less than .5 acres. 16. Lot 5A Arnold Lane = less than 1 acre (lots 5A and 5B total 2.14 acres with 5A being much smaller than 5B). 17. Lots 4A and 4B (comer Sunrise and Arnold total 2.35 acres with 4B being much smaller = less than 1 acre. 18. Lots 6A and 6B comer of Arnold and Fisher = total 2.29 acres with one lot being 1/3 total or less than 1 acre. Cul-de-sac on Arnold: 19. Lot 7 = .64 acres 20. Lot 8 = .48 acres 21. Lot 9 = .50 acres 22. Lot 10 = .50 acres 23. Lot 11 = .54 acres Mr. John Baker, Senior Planner May 17,2006 Page 3 24. Lot 12 = .59 acres 25. Lot 13B = 1/4 acre or less Sunrise North of Arnold: 26. Lot 15 = .57 acres 27. Lot 16 = .69 acres 28. Lot 17 = .64 acres 29. Lot 14 (corner Arnold and Sunrise) = 1.03 acres. Mr. Baker, I hope that you will agree that there are sufficient lots of approximately 1 acre or less in the subdivision to justifY this requested lot split. Additionally, I am enclosing a list of nine (9) neighbors of Mrs. Bledsoe and Mr. Wheaton who have no objection to the lot split. I would like to discuss your proposed recommendation to the City Commission prior to your submitting the agenda item so I can discuss any additional information on modifications that may make this lot split move forward smoothly. Thank you for your continue assistance and cooperation. You have been most helpful and a pleasure to work with. Sincerely, RST Ips cc: Elsie Bledsoe and William Wheaton Elsie Bledsoe RESOLUTION NO. 2006-41 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, PROVIDING FOR THE DIVISION OF AN ORIGINALLY PLATTED LOT OWNED BY ELSIE M. BLEDSOE AND WILLIAM WHEATON AND GENERALLY LOCATED AT 180 EAST PANAMA ROAD, WINTER SPRINGS, FLORIDA INTO TWO (2) LOTS OF RECORD FOR DEVELOPMENT PURPOSES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 9-3 of the City Code allows an owner of a single lot of sufficient size that satisfies zoning bulk regulations, except in a platted area of a planned unit development, to divide an originally platted single lot; and WHEREAS, section 9-11 ofthe City Code authorizes the City Commission to approve such division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and application process for lot splits; and WHEREAS, Elsie M. Bledsoe and William Wheaton (hereinafter "Owners") are the owners of certain real property generally located at 180 East Panama Road, Winter Springs, Florida, more particularly depicted and legally described herein; and WHEREAS, Owners have petitioned the City, pursuant to section 9-11 of the City Code, to divide said property into two (2) separate lots; and WHEREAS, said lots are more particularly depicted and legally described herein; and WHEREAS, the City Commission finds that Owners have satisfied all of the requirements for lot splits set forth in section 9-11 of the City Code; and WHEREAS, the City Commission ofthe City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY RESOLVES, AS FOLLOWS: City of Winter Springs Resolution 2006-41 Pagelof3 Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Approval of Lot Split. The City Commission hereby approves, pursuant to section 9-11 of the City Code, the division of the real property generally located at 180 East Panama Road, Winter Springs, Florida and more particularly depicted and legally described in "Exhibit A," attached hereto and fully incorporated herein by this reference, into two (2) separate lots. Such lots are more particularly depicted and legally described in "Exhibit B," attached hereto and fully incorporated herein by this reference. Upon recordation of this Resolution in the Official Public Records of Seminole County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant to applicable law. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Instructions to Staff. Pursuant to section 9-11 (b )(2) ofthe City Code, the City Clerk is hereby directed to record this Resolution in the Official Public Records of Seminole County, Florida. The Community Development Department is hereby directed to modify city maps and documents to reflect the lot split. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. [ADOPTION PAGE FOLLOWS] City of W inter Springs Resolution 2006-41 Page 2 of 3 ADOPTED by the City Commission ofthe City of Winter Springs, Florida, this ,2006. day of 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 City of W inter Springs Resolution 2006-41 Page 3 of3 Date: July 24, 2006 The attached documents were distributed during Public Hearings Agenda Item "205" by Mr. John Baker at the July 24, 2006 City Commission Regular Meeting. Bledsoe E. Panama Road Bledsoe City of Winter Springs City Commission Notice of Public Hearing Lot Split of 2.7 acres into 2 lots, located at 180 E. Panama Rd Bledsoe North Bledsoe North Bledsoe