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HomeMy WebLinkAbout2005 06 27 Public Hearing 401- 2nd Read/Adoption Ordinance 2005-19, annex 820 SR 434 COMMISSION AGENDA ITEM 401 Consent Information Public Hearing X Regular June 27. 2005 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 2005-19, annexing a parcel located at 820 S.R. 434, equaling approximately 5.13 acres and owned by Hope L. Shull. PURPOSE: The purpose of this request is to consider the Annexation request of Applicant Richard A. Jerman on behalf of Hope L. Shull related to Tax Parcel ill # 04-21-31-300-0120- 0000 at 820 S.R. 434, which totals approximately 5.13 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 Sprin2s Charter Section 2.03. Annexation procedure. Winter Sprin2s 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 Sprin2s 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: May 23, 2005- Application Received June 13,2005- 1 sl Reading of Ordinance 2005-19 @ June 27, 2005 Public Hearing Agenda Item 401 June 17, 2005- June 23, 2005- Public Noticing in Orlando Sentinel (Two times in two consecutive weeks) Public Noticing in Orlando Sentinel (Two times in two consecutive weeks) CONSIDERA TIONS: . 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 has an existing home on it that is inhabited by the current property owner. · 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. · There is a cell tower in the area, but it is not located on this property. . The subject property is currently designated "Suburban Estates" and "Conservation" on the County Future Land Use Map. Adjacent properties to the west remain in the County. Adjacent properties to the east are within the City and are designated "Commercial". Properties to the south ofSR 434 are in Oviedo and have a Future Land Use of "Low Density Residential" . . The subject property is currently designated "A-1 Agricultural 1 acre" 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-1 Neighborhood Commercial". Properties to the south are in Oviedo and are designated "R-1- Residential" . Adjacent property owners have been notified by Certified Mail. . The property has been posted. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends that the City Commission hold a public hearing for 2nd Reading/Adoption of Ordinance 2005-19, that would annex one (1) contiguous parcel at 820 S.R. 434, equaling approximately 5.13 acres, and owned by Hope L. Shull. IMPLEMENTATION SCHEDULE: June 27,2005- 2nd Reading and Adoption of Ordinance 2005-19 July 7, 2005- 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. June 27,2005 Public Hearing Agenda Item 401 ATTACHMENTS: A. Application for Annexation with property owner signatures B. Ordinance 2005-19 with location map and metes and bounds description COMMISSION ACTION: June 27, 2005 Public Hearing Agenda Item 401 ATTACHMENT- A Application for Annexation with property owner signatures (' I T Y 0.< \V I TER SPI.{INGS r,l M I.J i D VEL 1<1 E I~ 1 D P A H T MEN T I I 2 (; S T\ T J' R ( I A D ~ J ~ 'IV I N T Ii R S l' R I 1'\ (; S, F I J:: 7 0 x 27-59 7 ,')/" v ~ - l~ t 3 2005 FA 4 / 27-6 APPLICATION FOR ANNEXATION AND SUBSEQUENT CQMPREHENS VE PLAN AMENDMENT & REZONING PETITION \ I'i' i I( \ '. ,\1 \ [ 1\,( 1,\ \ L'\ I J \ 1)1) IH:SS ClC~\ f\ :'-,1 Ii.. {l . ;J I'\R( 'El \:L\!BER Sl/I ( [':\I:,("U, Qur- \) .., " ;.~ J.. 0, l i, fL':> ! ( , ,,\ VI" I, ( f\ ' \ l I()'.I,!, ( June 27, 2005 Public Hearing Agenda Item 401 ATTACHMENT- A Application for Annexation with property owner signatures I " t> 1.,1 01 , \ ,II CGIJ(:l;(:\ I,ll Ih:.lllllhIS, with fCSpV'" II) .:nd, fd[ :-,ul'h pLqHL~~'S, 1l1,'ludc< the le,11 Tlcst recent SURVEY \'>lth ~;1etes 1\ of the LEGAL oESCRI ., 1 x 17 MAP ADJACENT'S ZONING AND LAND USE en the ADJACENT PRopeRTY JUSTiFiC/\TION for the NA1v1ES ADDRESSES of each ovmcr within 150 ft of eadl AUTHORIZf\TION of 01<'" ()wn IF icant is other' UHHI Ole Owner or Attorney for lf1e Owner ()elo'/v) ;\PPLiCA rON FEES 1I1ellllnlltll ADVI:RTlSINlJ \.'1 NU I ll'ICAII( iN l'RUITSSIU,'i,\] SFRVltTS wIlle!; Illay be of :.ill\ 0\,;11 "I' lite pcrlm,'nl ~lagl' or ,~ n1 I "':1I1\,1 ~ I' , ',~ r TOTAL DUE June 27, 2005 Public Hearing Agenda Item 401 ATTACHMENT- A Application for Annexation with property owner signatures ,# ." Af4t < " , May 1 81 City of WinUlt Springs 1126 State Road 434 Wmter Springs, Fl 32108 Letter Parcel 04-21-31..300..0120..0000 S20 St1.J.tc Road 434 Oviedo. Fl 32765 Please be adW5cd that Richard A. Jecman is hereby ~ to subntt applicatiQlli, annexation, cmn~vc plan amendment and zoning aD the aOO'Ve pareel Stare of Florida County of Seminole Before me the undersigned persoMlly appeete(i and. j, knoVtn to me who ACkno'Wiedges execwing the ~"e authari12UOO tD Richard. A. Jerman " This 'L Aft'<, of Ma" 200s _._\oKlo] :1. June 27, 2005 Public Hearing Agenda Item 401 ATTACHMENT- B ORDIX\:\C'[ :\0.2005-19 A:\ ORDI:\'A:\CE OF THE CITY CO'l\lISSIO:\ OF THE CTry OF WI:\TER SPRI:\GS, FLORIDA, A:\:\EXI:\G O:\E (I) IJARC'EL OF REAL PROPERTY CO:\TAI:\'I:\C 5.13 ACRES, 'lORE OR LESS, LOC\ TED AT 820 ST.\ TE ROAD 434 \VITHI:\ SE\lI:\OLE COU:\TY, FLORIDA, A:\D LEGALL Y DESCRIBED 1:\ EXHIBIT "A" ATTACHED HERETO A:\D FULLY I:\C'ORPORATED IIEREI:\ BY THIS REFERE:\CE: IJROVIDI:\C FOR THE A\IE:\D\IE:\:T OF "'[\iTER SPRI:\CS CH\RTEIl, ARTICLE It BOl:\DARIE:S, TO I:\CORPORATE TilE REAL PRUPERry I:\T() TilE CITY BOC:\DARIES: PROVIDI:\C FOR THE FlLI:\G OF THE REVISED WI:\TER SPRI:\CS CIIARTER \VITH THE DEPART\IE:\'T OFSTATE. PROVIDI:\C FORTHE REPEAL OF PRIOR I:\CO:\SISTE\T ORDI:\A\CES A:\D RESOLUTIO\S, SEVERABILITy'. A:\]) A\ EFFECTIVE DA TE. WHE RL\S, this is a voluntmv annexation which shall res contmned In Section 171Jl44. FlOrIda Statutes: and purSll~lI1t to the annexatIon WHEREAS. the CommIssion has determined that the subject real property is reasonably and contiguous WIth the boundarIes of tile City of Winter Springs and willnol and otherv/ise the requirements Ibr annexation: and \VHERL\S. this annexation is in compliance and conSIstent with the or the C cd' Winter Springs Comprehensive Plan. City Charter. and ('ity and objectives and \VHERL\S. upon adoption ofthlS Ordinance, the municipal boundary ()fthe of Wimer contal11cd in the Winter Springs ChartcL Article II. sha1l be redefined to incl the ect re~d property: and WHEREAS.. the C CommIssion of the City of Winter Springs. FlOrIda. hereh) finds that this OrdInance is in the hest interests of the public health. safety. and vvell~lre or the of lllter Springs. flOrida. \O\\.lTIEREFORE. THE CITY OF \\1:\' 'rE R SIJRI:\GS HEREBY ORDAI:\'S. AS FOLLO\VS: Sl'l'tion I. --~~~-~~_.._~ incorporated herei n by th i s re k'I'Cnce, Rl'dtals. The foregoing recitals arc true and correct and arc fullv Clly ofWmlt:r Ordll1cmcc No. 200.'.1 q Page] J June 27, 2005 Public Hearing Agenda Item 401 ATTACHMENT- B .\IlIH'xation of Real Property. described m the metes and bounds legal hereby nne\ed into thc ofWmter Spri lIJcorporated herem this reference. of the t) of Wmter Sprmg". fl The area of real property. which is me)Je Ion and map attached hereto as Exhihit the Citv CommiSsion. Exhihit" A" IS property shall be kno\vn lh eXlsti . from the effectIve date of Ihis 111 ordmance. City Boundaries Redetint'd; \Vintl'r Springs ehal'ter Amended. Pursuant to Section I I (3). Statute". j71.091. Florida Statules. the Cily of V./inter Sprmg" Charter. II. Sect Ion :2.0 I . 11 hereby he amended to rederine' the corporate boundarle" the C of\Vinlcr Spnngs to mcludc the area of real properly m :2 of Ihis Orelillllllce. The ellv Clerk shall file the re\! ised Winter Charter. Article II. Section I. With the Department ofStak wilhln tlllrty (30) from the effective date of tillS ()rd nance. The C'lerk shall file this ()rdinance WIth the C'lerk of the Circuit Courl ofSemmole County. Administrator ofScmllJole County ami the Department ofStatc \\ithin seven (7) of Section 4. H.epeal of Prior Inconsistent Ordinances and [{t'solutions. 10rdllJances and resolutlOns orparls ofordmanc('s and resolutions in connIct hereWith arc hereby repealed to the extent of the connlc!. SectioI~..~~ St'nrahility. Should a section or proVIsion of this Ordinance, or any portion hereof. any paragraph. sentence.. or \Vord be a court ofcompetentjunsdictlonto 111\ lei. deCIsion shall not affect the validity of the remalndcr hereto lh a whole or part to I invalid. ... . ......':-;.~i:J!gJ16~ Effective Daft'. This Orcllllllnce Shllll become eftc-ctive upon adoptIon b:: the Commi SSlOn or the W mter Spri Florida, llnd pursllllnt to the City' Charter. !sitTlIature\ Oil fiJ/lmvill" I)(I"e/ ~ . ~ ~ City of Wmkr Ordinalll:e N". 2005.19 P~lgC 2- ()f J June 27, 2005 Public Hearing Agenda Item 401 ADOPTED thc ( mcctJ on the ( ommi";"Jol1 or Ihe ( \)r ATTACHMENT- B or John F. Bush. \Iayor And rea Lorenzo.Luaces. City Clerk Approved as to legal form and sufficiency for tlI(' City of "'inter Spdngs only: Alltholl~ A. Cargallese, City AttonH'~ Fir;.,t Reading: Rcad1l1g: \c [),ltC' ( )rc!mClncc ^~ 01 " FlorJda. 111 a hr June 27, 2005 Public Hearing Agenda Item 401 ATTACHMENT- B EXHIBIT "A" SHULL PROPERTY- LOCATION MAP WINTER SPRINGS SUBJECT SITE SHULL PROPERTY- LEGAL DESCRIPTION: LEG SEe 04 TWP 21S RGE 31E W 1/2 OF NE 1/4 OF NW 1/4 OF SE % SHULL PROPERTY- METES & BOUNDS DESCRIPTION: (Description as provided by Old Republic National Title Insurance Company File No 152042262) Lot or Tract NO.3 of McElroy's 5 acre farms, described as follows: Begin at a point 660.4 feet East and 30 feet North of the Southwest corner of the NW % of the NW % of the SE % of Section 4, Township 21 South, Range 31 East, said point being on the North side of the Sanford-Oviedo County Road; and run from thence North 662.8 feet to the quarter section line; thence East 330.2 feet; thence South 662.4 feet to the North line of said road; and thence West along the North boundary line of said road 330.2 fee to the point of beginning; being five acres, more or less. All lying and being in Seminole County, Florida. Seminole County Property Appraiser Get Information by Parcel Number Page 1 of I PROPERTY APPRAISER S~lNOl..t!OOUNn' pt., 1101 tL.1>"~T","'f 'll'Atl'FQl'll), l"l, ~V7f,'l~ 407'~'700G 2005 WORKING VALUE SUMMARY GENERAL Parcelld" 04-21-31-300- Tax District: OD1IS-CT01UNTY -TX " 0120-0000 Owner: SHULL HOPE L Exemptions: OO-HOMESTEAD Address: 820 STATE ROAD 434 City,State,ZlpCode: OVIEDO FL 32765 Property Address: 820434 W OVIEDO 32765 Subdivision Name: Dor: 01-SINGLE FAMILY Value Method: Number of Buildings: Depreciated Bldg Value: Depreciated EXFT Value: Land Value (Market): Land Value Ag: Just/Market Value: Assessed Value (SOH): Exempt Value: Taxable Value: Tax Estimator Market 2 $32,854 $2,560 $435,000 $0 $470,414 $49,541 $49,541 $0 2004 VALUE SUMMARY Tax Value(without SOH): $0 2004 Tax Bill Amount: $0 Save Our Homes (SOH) Savings: $0 2004 Taxable Value: $0 DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS SALES Deed Date Book Page Amount Vac/lmp Find Comparable Sales within this Subdivision LAND Land Assess Method ACREAGE Land Units Unit Price 4.350 100,000.00 Land Value $435,000 LEGAL DESCRIPTION LEG SEC 04 TWP 21S RGE 31E W 1/2 OF NE 1/4 OF NW 1/4 OF SE 1/4 Frontage Depth o 0 BUILDING INFORMATION Bid Bid Type Year Fixtures Base Gross Heated Ext Wall Bid Est. Cost Num Bit SF SF SF Value New SINGLE 1938 3 1,183 1,247 1183 SIDING BELOW $22,150 $55,375 FAMILY , AVG Appendage I Sqft OPEN PORCH UNFINISHED /64 2 SINGLE 1916 3 414 644 414 SIDING BELOW $10,704 $26,761 FAMILY AVG Appendage I Sqft ENCLOSED PORCH UNFINISHED /230 EXTRA FEATURE Description Year Bit Units EXFT Value Est. Cost New ALUM UTILITY BLDG NO FLOOR 1979 1,600 $2,560 $6,400 NOTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem tax purposes. ... If ou recentl urchased a homesteaded TO e http://www.scpafl.org/pls/web/re_web.seminole_ county _title?P ARCEL=0421313000 1200... 6/20/2005