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HomeMy WebLinkAbout2004 05 10 Public Hearings 402 COMMISSION AGENDA ITEM 402 Consent Information Public Hearine X Re2ular May 10,2004 Meeting MGR. ()--- /Dept. Iff REQUEST: The Community Development Department - Planning Division requests the City Commission conduct a public hearing for the I st Reading of Ordinance 2004-21, annexing parcels located at 1268 Orange Avenue equaling approximately 4.8 acres owned by Mohamad S. & Karen Kazma. PURPOSE: The purpose of this request is to consider the Annexation request of property owners, Mohamad S. & Karen Kazma related to Tax Parcel ill # 31-20-31-503-0000-0050 & Tax Parcel ill # 31-20-31-503-0000-0070 at 1268 Orange Avenue, which totals approximately 4.8 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) 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. CONSIDERATIONS: . The property is contiguous to the City. . The Application for Annexation bears the signatures of all of the property owners. . The area is currently located within an enclave of county lands. Annexation of this parcel @) would reduce the size of this enclave. . Annexation of this parcel enables the City to work toward its endeavor of providing efficient use of public facilities and services by reducing an existing county enclave. Furthermore, the request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. . The parcel currently is vacant. . The City has capacity to provide this parcel with the same urban services provided to other areas of the City. . No off-premise sign structures exist on the property under consideration. . The subject property is currently designated "Low Density Residential" and "Conservation" on the County Future Land Use Map. Adjacent properties to the east and west are in the County with the same designation. Adjacent properties to the south are in the City and have a future land use of "Low Density Residential". . The subject property is currently designated "R-I Residential" on the County Zoning Map. Adjacent properties to the east and west are in the County with the same designation. Adjacent properties to the south are in the City and are zoned "R-IA". . 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 1 st Reading of Ordinance 2004-21, that would annex two (2) contiguous parcels at 1268 Orange Avenue, equaling approximately 4.8 acres and owned by Mohamad S. & Karen Kazma. May 24, 2004- May 31, 2004- IMPLEMENTATION SCHEDULE: Mar. 19,2004- Complete Application for Annexation Received May 10, 2004- 1 st Reading of Ordinance 2004-21 May 13, 2004- Public Noticing in Orlando Sentinel May 20, 2004- Public Noticing in Orlando Sentinel (Two times in two consecutive weeks) 2nd Reading and Adoption of Ordinance 2004-21 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. ATTACHMENTS: A. Application for Annexation with property owner signatures B. Ordinance 2004-21 with location map and metes and bounds description COMMISSION ACTION: ATTACHMENT- A Application for Annexation with property owner signatures CITY OF 'VINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1 J 26 STATE ROAD 434 WINTER SPR1NGS, FL 32708 407-327-5967 FAX: 4 0 7 - 3 2 7.6695 .~ ~ ~;j. ~ (\~ .\<;1,.. /~ ~ ""2.:;.";,. U""'" ~ ',2 1;. ~ .A. <' \:;. ~ '\~f)~ '''.'' ~ ~.~ 'r o.~ ~ -t. %~ APPLICATION FOR ANNEXATION AND SUBSEQUENT COMPREHENSIVE PLAN AMENDMENT & REZONING PETITION APPLICANT: KAZMA KAZHA.. MOHAl'lAD S. KAREN ..""..- La$1 First Midd!e MI\ILrNG ADDRESS: 363 DEER POINTE CIRCLR CASSELBERRY (407) C6>99-8706 FLORIDA 32707 Z'r ('\.Ide S:~tc PHONE: If Applicanl docs NOT QI,l,ll th~ prOperty; PROPERTY OWNER: ust Fir,1 Middle MAILING ADDRESS: eir)' SI~lC Zip Code PHONE: This n:quesl is fOT th~ propeny desnib-:d belo\';: PROPERTY ADDRESS: ____JRANGE AV.E~UE TAX PARCEL NUMBER: 3J -20-3 ~:-503-0900-005Q... 2.4 ACRF:S +/- SIZE OF P AJ{CEL: Squ:.-r:: I:cct ACte~ Please state the reaSOns or justiii.:atHJ!"l fOl yvur Anr.':1:alI0n. Comprehensive Plan Amendment (Fulure Land Use Change), and Rezoning n:quc-$l Develop parcel for residential use ~\lITent COUNTY FU11JP-E LAND us,; Clussilic;:'.ion: .~~ C~ L tR..: c n/ll'8. Request for a Change to cln' of Winter Springs fL'TVRE LAND USE Classiiication~ C a....k /~ If )'OU are reques. ting an Amendment \0 tbe Goals, O;,je:::li\'es, & Policies of the City's cOlTlprehen~ive Plan, ~ set fonh the proposed A.mt'ndmem in detail ilod pro"lde supporting dOCllment:Jtion. . Currcn1 COUNTY ZONP.\G Classification: R-l Request for II Change to CIT\' of \Vime: Springs Z0~ING Classification: Town Ge.n ter ZC?ni.ng ~ -......... ATTACHMENT- A Application for Annexation with property owner signatures CITY OF 'VlNTER SPRINGS CQMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WI:"TER SI'RINCS, FL .32708 407-327-5967 FAX:407-327-6695 '". \ q. ~ ('\ 9: ~) ~ ~. \ ." '\,' .(:) ~ "" ~., :.;, '1;,.. '" <L ~<; ~ .~t\ -.,~:,- ~ ~ ,%;1'- ~~ APPLICATION FOR ANNEXATION AND SUBSEQUENT COMPREHENSIVE PLAN AMENDMENT & REZONING PETITION APPLlC:\)\'T; :VI.AILI~G ADDRESS: PHO;-:E: --~ K1\Zl'l.\ , ---~_..... 5A1-11 i'.1OHM1AD 1":;~1 Firsl Middle 363 DEER ForNIE CIRCLE CASSELBERRY (407)Clg99-8706 FLORIDA 32707 SI:Jt~ Zip <:OO~ --.------.. If Applic<l:l! does NOT own lht- propl.'rly: PROPERTY OWNER: ;\'lAILf\iG ADDRESS: PHONE: l\lidcik I...;,~\ Fl151 Zip Cuu~ ell;' $l~!"_ This r~quest is io: theproptn:: d'~scribd b~kw: PROPERTy,\J)DRESS: __-".268 O~~NGE AVENUE TAX PARC'H.}.H.JMI3ER: SIZE OF PARCEL: 31-20-31-503-0000-0070 t.5i A t-/1.# Acres s ~ ';d:~' 1=\'l..'t Plcos(' stale lhc rcasons 01' ,1:Jhtiii:i1\1!.H1 fur yc'ur Ar.r.':.\;\llOI\. Com?rC:h~nsi\'e Plan Amendment (Futurt. Land Use Change;. and RtZ'!r.l!lg itqUl:$I:_ De'!~LLQ.ar.cel for r.eside}:ltial ~..1!e Current COUNTY FUTURE U..~,[) CSE C!Oissiik;::ion: ~ - (SeT!1inolc county)~~ Co...vr. Request for a Cha.ngc 10 Cln" o(WinH'T Springs H:TLJ~ LAND ~~E Classitk~tioll: -,-~ ~ I ~ If you are- requesting an t\m::r.dmenl to the G(lals, (-'0)(,Cl:\'1:5. & Policies t)f the O:)"s comprehensIve Plan, ~(~ SCl flmh the proposed Arl1':r..oml."lil m d~tail and pro';ide suppol1ing documentation. -- ~ . Currelll COUNTY ZONf!'\G Classjfjc:ltion: R-l Request for a Change 10 Clrl' of \\' int~r Springs Z(.J~ING Classification: Town Center. Zpning ATTACHMENT- A Application for Annexation with property owner signatures '~ '.1 ~ {"\ THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPUCA TION: 0. ~ '~ %. ~~ ... ~ )( A copy of the most recent SURVEY of the subject property with METES and BOUNDS desC~,on. /~. L 'Jif A copy of the LEGAL DESCRIPTION. '\~~<:. ~ ~ ~ Notarized Authorization of the O~"er. ~ ~~z" IF the Applicant is other than the. Owne! O! Attorney for the Owner (see below). ~.> G'> '" i.I' 'J! 11 x 17 MAP showing ADJACENT STREETS and ZONING A~1) LAND USE classifications on the ADJACENT PROPERTY, ')A, APPLICA TJON FEES: ;fEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFlCATION, and for REIMBtJRSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which flU)' be required in connection with the review, inspection or approval of an)' development (based on accounting submitted by the City's Ccmsultam), payable prior to approval of the pertinent st;ige of development. ANNEXA TION (Propcn)' applying fnr Annexalion b}' imit;llion of the: (iI)' lire t>;empl from this Fee) PRE.ANNEXATION AGREEMENT (Optional) COMPREHE.NSIVEPLAN AMENDMENT per Applicanr-,.- Small Scale (Generally 10 acres or fewer) Large. Scale (Generally More than I Oacres: Text Amendments}- REZONING per Applicant 0: So 500 $ $ 300 $ $ $ 500 $ 1000 $ SOD $ --.......-- Plus $ 25/acre S ........-- (or ponior; thereof) . Adjaccrlt Property Owners who;, apj:lly for consideration 3;; one: (! l App!icOlnl. art required to PllY o:il)' cnt (i J ('omprchl:nsi,'c I'lan t\l'nendmenl Fce and one (I j RC7Jjnili~ Fec. .. PursuarH II> Chllpler 163, flOrida Sl.1lUles, TOTAL DUE . $-1-- ~~..~.........~.........w.............~...........~.............*.......-.:......~...... FOR USE WHE:\ APPLlCANT IS ()W~J3..B OF THE SUBJECT PROPERTY: This is to certify that I am the O\lo'ner in fee simple of subject lands de~ribed within this Application for :.5~rexatjpn and Subsequen~pbmprehe,!l~j~:.~ Plan f. mendment and,l)#oring Petition: ,;../. ;:".. ..,~" ;-;"' ,.....: ,/....., . Vi'/ / .~.:;. ;'; ":' " 'l \ ~. , ,.';. -" -. ~" . \, ..._.._.-...~ Signature or OWll\.~r ' Sworn 10 and subscribed before me this r'. ~)' day of I,j II!~' :; 20_~. --- ~ .. -; )_~ . -. J'" ['~ , ~. : . ",II f r. I....~~ . Notary Public M)'-Cormnission expires: Personally Knov,ll Produced Identification: (Type) Did take an Oam Did Nor take and Oatl1 ,~..." .. .'J1;,'!'-'.r;:~... ~:( ,~. .).:~ ~'s~""..~~t:- ~'4~r~~~'~f.~" _ """1); TORY ABOUNNAIM ',l'~' GOW,tlSSIOrJ # DO 224-170 EXPIRES: .llme 19. 2007 El.:>'litid 1111. I 'QI;lri' f'~~;'c 1I.'ljofwlia~l ATTACHMENT- B ORDINANCE 2004-21 ORDINANCE NO. 2004-21 AN ORDI.NANCE O~' THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL PROPERTY tOCATED WITHIN SEMINOLE COUNTY, FLORIDA, AT 1268 ORANGE AVENUE AND ADJACENT TO THE UNADDRESSED VACANT PARCEL TO THE EAST, AND LEGALLY AND MORE GENERALLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTERSPR1NGS CHARTER, ARTICLE II, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRlNGS ,CHARTER WITH APPROPRIATE AGENCIES UPON SAID , APPROVAL, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, this is a voluntary annexation which shall be pursuant to the annexat.ion procedures contained in Section 171.044, Florida Statures; and WHERFAS, the City Commission has detennjned that the subject real propelty is reasonably compact and contiguous with the boundaries of the City of Winter Springs and wiIlnot create an enclave and otherwise satisfies tht:: requirements for annexation; and WHEREAS, this alU1cxation is in compliance and consistent with the goals and. objectivl;:) of the City or Winter Springs Comprehensive Plan, City Charter, and City Code; and WHEREAS, upon the effective date Mthis Ordinance, the municipal boundary lines of the City of Winter Springs, contained in Winter Springs Charter, Article il, shall be redefined to include the subj eet real property; and Cit)' ofWinlcr Springs Ordinllllcc No, 200,1-21 Page I of :\ WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby tinds that this Ordinance is in the best intere~ts of the public health, safety, and welfare of the citi7.ens of Winter Springs, Florida. NOW, THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and, cortect and are fully incorporated herein by this reference. SectioD 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 hc'n::by armexed into the City of Winter Springs by the City Commission. Exhibit "A" is hereby fully incorpordted herein by this reference. 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 IT, 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) day~ 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 ofSeminolc County, and the Department of State within seven (7) days of the effective date. City ofWinler Springs' Ordinl1ncc No, 2004.21 rage 2 or .1 Section 4. Repenl of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinance!\ and resolutions in conflict herewith ::Ire 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 jurisdiclion to be invalid, such decision shall not affect the validity of the remainder hereto as a whole Or part thereof to bc declared invalid. Section 6. Effective Date. This Ordinan.ce shall become effective immediately 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 Cily of Winter Springs, Florida, ill a regular meeting assembled onlhe _ day of ,2004. Jobn F. Bush, Ma)Jor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthooy A. Garganesc, City Attorney First Reading: Second Reading: Effoctive Date: City of Wi/llt:r Springs Ortlinuncc No, 2004-21 rage .l of 3 METES & BOUNDS DESCRIPTION: 31-20-31-503-0000-0050 Commence at the Southeast corner of said Lot 7; thence N 59 degrees 53'00" W, along the Northerly right of way line of Orange Avenue a distance of 11.25 feet to the Point of Beginning; thence continue N 59 degrees 53'00" W, along said Northerly right of way line a distance of 140.00 feet; thence N 30 degrees 00'00" E, 712.30 feet to the Shoreline of Lake Jessup; thence along the Shoreline (for closure purposes run S 37 degrees 38'29" E, 151.38 feet): thence S 30 ,degrees 00'00" W. 655.00 feet to the Point of Beginning. 31-20-31-503-0000-0070 Begin at the Southeast corner of the Westerly :h of Lot 10; thence run N 59 degree 53'00" West 162.50 feet along the Northerly right-of-way line of Orange Avenue; thence run North 30 degrees 00'00" East 655.00 feet, more or less, to the waters edge of Lake Jessup; thence run Southeasterly along the waters edge to a point of the East line of the Westerly :h of Lot 10; thence run South 30 degrees 00'00" West 622.76 feet, more or less along said East line to the Point of Beginning; ALSO Subject to a proposed 30.0 foot easement.for Ingress and Egress lying 15.0 feet on each side of the following described center line; Commence at the Southeast corner of the West Y2 of Lot 1 a, TUSKAWILLA SHORES. as recorded in Plat Book 6, Page 93. of the Public Records of Seminole County, Florida; thence run North 59 degrees 53'00" West 147.5 feet along the Northerly right-of-way line of Orange Avenue to the Point of Beginning of said centerline; thence run North 30 degree 00'00'; East 300.0 feet parallel with the West line of the East % of said Lot 10, to the terminus of this centerline description. j E XHI.8l' l' .. A" Lake Jesup SUBJECT SITE LEGAL DESCRIPTION: 31-20-31-503-0000-0050 The East ~ of Lot 5, all of Lot 6, and a portion of Lot 7, Tuskawilla Shores, as recorded in Plat Book 6; Page 93, Public Records of Seminole County, Florida, described as follows: 31-20-31-503-0000-0070 The Easterly 11.25 feet of Lot 7, all of Lots 8 & 9 and the Westerly ~ of Lot 10, TUSKAWILLA SHORES. as recorded in Plat Book 6, Page 93, of the Public Records of Seminole County, Florida, more particularly described as follows: EXHIBIT "A" ATTACHMENT- B ORDINANCE 2004-21 EXHIBIT" A" KAZMA PROPERTY - LOCATION MAP Lake Jesup SUBJECT SITE 31-20-31-503-0000-0050 LEGAL DESCRIPTION: The East }'2 of Lot 5, all of Lot 6, and a portion of Lot 7, Tuskawilla Shores, as recorded in Plat Book 6, Page 93, Public Records of Seminole County, Florida, described as follows: METES & BOUNDS DESCRIPTION: Commence at the Southeast corner of said Lot 7; thence N 59 degrees 53'00" W, along the Northerly right of way line of Orange Avenue a distance of 11.25 feet to the Point of Beginning; thence continue N 59 degrees 53'00" W, along said Northerly right of way line a distance of 140.00 feet; thence N 30 degrees 00'00" E, 712.30 feet to the Shoreline of Lake Jessup; thence along the Shoreline (for closure purposes run S 37 degrees 38'29" E,151.38 feet); thence S 30 degrees 00'00" W, 655.00 feet to the Point of Beginning. Containing 2.20 acres, more or less. ATTACHMENT- B ORDINANCE 2004-21 EXHIBIT" A", continued 31-20-31-503-0000-0070 LEGAL DESCRIPTION: The Easterly 11.25 feet of Lot 7, all of Lots 8 & 9 and the Westerly ~ of Lot 10, TUSKAWILLA SHORES, as recorded in Plat Book 6, Page 93, of the Public Records of Seminole County, Florida, more particularly described as follows: METES & BOUNDS DESCRIPTION: Begin at the Southeast corner of the Westerly ~ of Lot 10; thence run N 59 degree 53'00" West 162.50 feet along the Northerly right-of-way line of Orange Avenue; thence run North 30 degrees 00'00" East 655.00 feet, more or less, to the waters edge of Lake Jessup; thence run Southeasterly along the waters edge to a point of the East line of the W esterly ~ of Lot 10; thence run South 30 degrees 00'00" West 622.76 feet, more or less along said East line to the Point of Beginning; ALSO Subject to a proposed 30.0 foot easement for Ingress and Egress lying 15.0 feet on each side of the following described center line; Commence at the Southeast corner of the West ~ of Lot 10, TUSKAWILLA SHORES, as recorded in Plat Book 6, Page 93, of the Public Records of Seminole County, Florida; thence run North 59 degrees 53'00" West 147.5 feet along the Northerly right-of-way line of Orange Avenue to the Point of Beginning of said centerline; thence run North 30 degree 00'00" East 300.0 feet parallel with the West line of the East ~ of said Lot 10, to the terminus of this centerline description.