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HomeMy WebLinkAbout2004 07 26 Regular 511 COMMISSION AGENDA ADD-ON ITEM 511 July 26. 2004 Meeting Consent Information Public Hearin Re ular X MGR. /~ /Dept. /~ REQUEST: The Community Development Department - Planning Division and City Attorney request the City Commission Approve the Study Area and the South of SR 434 at Tuskawilla Road Annexation Report ("Report") and Transmit the Report to the Board of County Commissioners. PURPOSE: The purpose of this request is to consider the Study Area and Report prepared by Staff for the unincorporated area south of SR 434 at Tuskawilla Road so that the Report can be transmitted to the County Board of Commissioners. APPLICABLE LAW AND PUBLIC POLICY: Florida Statute Chapter 171. Municipal Annexation or Contraction. Florida Statute Chapter 171.042. (1) Prior to commencing annexation procedures under s. 171.0413, the governing body of the municipality shall prepare a report setting forth the plans to provide urban services to any area to be annexed... (2) Prior to commencing the annexation procedures under s. 171.0413, the governing body of the municipality shall file a copy of the report required by this section with the board of county commISSIOners. 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 encla ves as soon as possible. Winter Sprin2:s City Code and Comprehensive Plan. Requires this property to be part of the Town Center when Annexed. CONSIDERATIONS: . The property is contiguous to the City. ~ ADD-ON AGENDA ITEM 511 July 26, 2004 . The Annexation Study Area is a 20.05 Acre enclave included within the Town Center District Boundary. . Annexation of this area enables the City to work toward its endeavor of establishing this section of the SR 434 corridor within the Winter Springs Town Center. . Annexation of this area furthers the State ofPlorida policy to eliminate enclaves. . Annexation of this area also furthers the 1987 Interlocal Agreement between the City of Winter Springs and Seminole County which identified enclaves as "areas of special concern" to be eliminated. . The City has capacity to provide this area with the same urban services provided to other areas of the City. The City has included within the Annexation Study Report the location of existing utility lines (including water and sewer) that will service the area. · Annexation will enable the City to continue its work toward providing efficient use of public facilities and services by reducing an existing county enclave. . The Annexation Report is consistent with all applicable goals, objectives and policies ofthe City's adopted Comprehensive Plan. . The Study Area is currently designated "Office" and "Commercial" on the County Future Land Use Map. Adjacent properties to the north and east are in the City and have a future land use of "Town Center District". . The Study Area is currently designated "A-l Agricultural I-acre" and C-N Restricted Neighborhood Commercial" on the County Zoning Map. Adjacent properties to the north and east are in the City and are zoned "Town Center". . At the City Commission meeting the City Attorney will explain the annexation procedure being utilized in this case. STAFF RECOMMENDATION: Staff recommends that the City Commission Approve the Study Area and the South of SR 434 at Tuskawil/a Road Annexation Report ("Report") and Transmit the Report to the Board of County Commissioners. ATTACHMENTS: A. South of SR 434 at Tuskawil/a Road Annexation Report COMMISSION ACTION: ADD-ON AGENDA ITEM 511 July 26, 2004 ATTACHMENT- A South of SR 434 at Tuskawilla Road Annexation Report CITY OF WINTER. SPR.INGS SOUTH OF S.Ft. TUSKAWILLA 434 AT R.OAD ANNEXATION R.EPOR.T This report establishes that the proposed annexation of an Annexation Study Area located on the south of State Road 434 at Tuskawilla Road, meets the requirements for annexation as outlined in Chapter 171 of the Florida Statutes. The Annexation Study Area consists of approximately 11.13 acres of predominantly vacant land with some existing residential structures and one commercial building. In parts of the Annexation Study Area with residential development, annexations will be conducted through voluntary annexation. For those parts of the Annexation Study Area with vacant land or non-residential development, there are no registered electors, and therefore no referendum on annexation is required under the Florida Statutes. However, as a prerequisite to annexation, the City must provide a report that illustrates that it can provide the needed public facilities and services to the subject area. This Annexation Study Area Report is provided as fulfillment to the State requirements of subsection 171.042 of the Florida Statutes, entitled "Prerequisites to Annexation". Introduction The annexation area considered in this study is located in unincorporated Seminole County, in the area south of State Road 434 and west of the intersection of Tuskawilla Road. (See Exhibit 1 - Location Map.) The Annexation Study Area is in Seminole County Commission District #2, which is currently represented by Commissioner Randy Morris. If annexed into the City of Winter Springs the area will be included in City Commission District #5, which is now represented by City Commissioner David W. McLeod. (See Exhibit 2 - Commissioner 5 District). The development pattern withjn and surrounding the Annexation Study Area is primarily urban in form and intensity, being part of the Winter Springs Town Center. The Town Center designation incorporates a mix of uses developed in a neo-traditional manner. The undeveloped property in the Annexation Study Area is expected to develop in a pattern consistent with the Town Center District. The Annexation Study Area is contiguous to existing city boundaries and is not a part of another incorporated municipality, but rather is part of an unincorporated County enclave. Although the Annexation Study Area is not developed, the area is urban in character with at least 60% of its external boundary adjacent to areas developed for urban purposes. The Annexation Study Area represents a compact urban form and is a necessary expansion of the urban area. Furthermore, the Annexation Study Area meets the criteria set forth in subsection 171.043 ofthe Florida Statutes, entitled, "Character of the Area to be Annexed". Current and Proposed Future Land Use and Zonin1! Following annexation, the City of Winter Springs will initiate comprehensive plan amendments to assign the appropriate City future land use designations for the annexed properties. The proposed future land use designations and zoning classifications presented in this Annexation Study Report are preliminary and may be modified once a more detailed land use analysis occurs when initiating the necessary comprehensive plan amendments. Pursuant to Section 171.062 Florida Statutes, Seminole County future land use and zoning regulations will remain in effect until the City of Winter Springs adopts a comprehensive plan amendment and zoning for the annexed area. Please refer to Exhibit 3 - Existing Future Land Use Designations, Exhibit 4 - Proposed Future Land Use Designations, Exhibit 5 - Existing Zoning, and Exhibit 6 - Proposed Zoning. Provision of Public Facilities and Services The table below gives the current service providers and the potential providers that would serve the community if the annexation ordinance is adopted. Exhibits 7-1 and 7-2 illustrate the location of City of Winter Springs water & sanitary utility lines and stormwater utility lines in the area. Current and Potential Service Providers Service Potable Water Wastewater Reclaimed Water Electric Service Solid Waste Stormwater Police Fire Current Service Providers (Seminole County) None Private Septic Systems None Progress Energy Seminole County Seminole County City of Winter Springs City of Winter Springs Potential Service Providers (City of Winter Sprin1!s) City of Winter Springs City of Winter Springs Progress Energy Florida Recycling Inc. City of Winter Springs City of Winter Springs City of Winter Springs What follows is a brief description of how the City of Winter Springs will provide each of the needed urban services to the South of State Road 434 at Tuskawilla Road Annexation Study Area upon annexation. Potable Water: The Annexation Study Area is not currently served by the City of Winter Springs for potable water, although a 12" service line extends on the south side of State Road 434 adjacent to the Annexation Study Area from the west end ofthe area eastward to Tuskawilla Road and down that road. If annexed into the City of Winter Springs, the subject properties will be able to connect to City potable water service. Wastewater: Developed lots within the Annexation Study Area are currently served by private septic systems for wastewater services. If annexed into the City of Winter Springs, the subject properties will be able to connect to City sewer service, which is currently available along State Road 434 and at the southeast border of the area. Reclaimed Water: Although reclaimed water lines are in place along State Road 434, the City does not have capacity to service additional areas with reclaimed water at this time. Electric Service: The City of Winter Springs, as well as the Annexation Study Area is serviced by Progress Energy for electric service. If annexed, the Annexation Study Area will remain with Progress Energy without any interruption of service. Annexation will not impact the current electric rates. Solid Waste: The City of Winter Springs currently has a franchise agreement and is serviced by Florida Recycling, Inc., a private solid waste contractor. Upon annexation, Florida Recycling, Inc. will provide service to this area. Stormwater Management: The Annexation Study Areas will be subject to the City of Winter Springs stormwater utility program upon annexation. A 36" RCP line runs along State Road 434 on the north side. Smaller 18" RCP lines extend across State Road 434 to drains on the south edge of the pavement. The area drains to the south and on site stormwater treatment and abatement will be required consistent with City and SJRWMD regulations. Police Protection: The Annexation Study Area is part of "an area of concern" identified within a .1987 InterLocal Agreement between Seminole County and the City of Winter Springs. The Agreement states that Seminole County is not able to provide life safety services to these "areas of concern" and that the City of Winter Springs is responsible for police protection. Fire Protection: The Annexation Study Area is part of "an area of concern" identified within a 1987 InterLocal Agreement between Seminole County and the City of Winter Springs. The Agreement states that Seminole County is not able to provide life safety services to these "areas of concern" and that the City of Winter Springs is responsible for fire protection. Summary: The South of State Road 434 at Tuskawilla Road Annexation Study Area is contiguous and compact and upon annexation, will provide a logical extension of City boundaries. The annexation of the South of State Road 434 at Tuskawilla Road Annexation Study Area meets the requirements of Chapter 171 of the Florida Statutes. More specifically, this report entitled, "City of Winter Springs South of State Road 434 at Tuskawilla Road Annexation Study Area" satisfies the requirement of Section 171. 042 of the Florida Statutes entitled, "Prerequisites to Annexation." In addition, the urban character of the annexation area, meets the requirements set forth in Section 171.043 of the Florida Statutes entitled, " Character of the Area to be Annexed". The City of Winter Springs has, and can provide, the necessary public facilities and services to serve the South of State Road 434 at Tuskawilla Road Annexation Study Area. EXHIBIT 1A- ANNEXATION STUDY REPORT- PROPERTY OWNERS BY PARCEL OWNER NAME OWNER ADDRESS PARCEL 10 # ACREAGE 1 Highlander Investment Ltd 2976 N Forsyth; Winter Park, FL 32792 36-20-30-502-0000-0020 3.60 Acres 2 Highlander Investment Ltd 2976 N Forsyth; Winter Park, FL 32792 36-20-30-502-0000-004A 24,440 SF= .56 Acres 3 Highlander Investment Ltd 2976 N Forsyth; Winter Park, FL 32792 36-20-30-502-0000-0048 23,500 SF= .54 Acres 4 Highlander Investment Ltd 2976 N Forsyth; Winter Park, FL 32792 36-20-30-502-0000-004C 26,500 SF= .61 Acres 5 Highlander Investment Ltd 2976 N Forsyth; Winter Park, FL 32792 36-20-30-502-0000-0040 23,500 SF= .54 Acres 6 Highlander Investment Ltd 2976 N Forsyth; Winter Park, FL 32792 36-20-30-502-0000-0050 2.52 Acres 7 Highlander Investment Ltd 2976 N Forsyth; Winter Park, FL 32792 36-20-30-502-0000-006A 17,800 SF= .41 Acres 8 Highlander Investment Ltd 2976 N Forsyth; Winter Park, FL 32792 36-20-30-502-0000-0060 2.35 Acres 9 Robbie R & Edward R Ondick 989 Greentree Drive; Winter Park, FL 32789 36-20-30-502-0000-0070 121,532 SF= 2,79 Acres 10 Robbie R & Edward R Ondick 989 Greentree Drive; Winter Park, FL 32789 36-20-30-502-0000-0080 116,741 SF= 2.68 Acres 11 Robbie R & Edward R Ondick 989 Greentree Drive; Winter Park, FL 32789 36-20-30-502-0000-0090 23,089 SF= ,67 Acres 12 Robbie R & Edward R Ondick 989 Greentree Drive; Winter Park, FL 32789 36-20-30-502-0000-009A 119,079 SF= 2,73 Acres 13 Robbie R & Edward R Ondick 989 Greentree Drive; Winter Park, FL 32789 36-20-30-5AR-OAOO-008F 2,100SF= .05 Acres TOTAL ACREAGE 20.05 Acres ANNEXATION CONSENT 11 .13 Acres EXHIBIT 1- LOCATION MAP CITY OF WINTER- SPR-INCS ANNEXATION STUDY AR.EA LEGEND: Study Area 11111111111111 City Limits PR.EPAR.ED: 13 APR.IL 2003; CITY OF WINTER. SPR.INGS PLANNING DEPT. -. - -'.-.1"- I EXHIBIT 2- COMMISSIONER 5 DISTRICT \ ~ -~~i~~ ~ '"'" .....~ ~ '~\'~ .6j \V:;:~~~/' , -1 ~..".~ ~~\ r \ "; ";;' - r ~ l~ ~..-J ,..-1 ~ }9', ;.... ii't:';fr. Ji.,........ 'J' \ :.,' .,.', ,." ."h t':? itf.'J ..,):L,J'" \. ;.\ j "1.::;:::.:}; l:, '~cr:':'\ ;: "'-- L~ j~" ~ '~)frl:L~'t II.'. Iii . .:[ -e ffF- L. ,,", I ,j/ \ .~ , k\ ..- i\ .' ~:li"", ~ r .,y:':".{,.. .:~ ..~.::--:::~.~;1. . ::~~~1:~ \ iT- ,I. OUT " J::. (.A l /;~~ '<? \ (\1\ ~ "'G.... L ex 04;1'\ 't <rtl',. Y \. ~);"< ~;,~.v K' o"trt'\ II' H'1: \..... "'<w X ~ ~ ... :;, . 1......( .... ~Jti:. r-" .... ... -1 ~ '" ~,.., - \ \J" -. ~ ~~* :::<..., c::,.., .,., t "" ]. ~...,""""': I- 1-1 I'< ,:::/~'~ -~~ ~'7 /.... ~ ~ [f'J};, ~~~~ r ~"'t9:il{l!J ...,I'h.':. ':r f, ( \ ~ ~ r '!f\7. rh 4 .".1 :-+:, J I' I' rJ ", ..' - ~I ~ ~ 1 T J I f.., 1 r- ~ Y;l ~~ Commissioner David W. McLeod District/Seat 5 MAP 645 Dunmar Circle Winter Springs, FL 32708 407-678-1847 (office) 407-695-1604 (home) dmcleod(6)cfl.rr,com (personal email) EXHIBIT 3- EXISTING FUTUR.E LAND USE MAP ~JI:AlEm .. " .. " " .. " ~ " .. '" .. .. " .. .. .. " l'i 9 .. .. i! .. .. D .. B .. B CITY OF WINTER SPRINGS ANNEXATION STUDY AREA LEGEND: CITY FUTUR.E LAND USE CA TEGOR.IES D. Town Center Medium Density' District Residential (3.6 OU to 9.0 OU I Acm) COUNTY FUTUR.E LAND USE CA TEGOR.IES OFF- OFFICE COMM.- COMMER.CIAL Study Area 11111111111111 City Limits PR.EPAIUD: 13 APR.IL 2003; CITY OF WINTER. SPR.INGS PLANNING DEPT. EXHIBIT 4- PROPOSED FUTURE LAND USE MAP to n " " " " .. . !!l to .. 12 " .. i " .. .. " " U .. CITY OF WINTER. SPR.INGS ANNEXA TION STUDY AREA LEGEND: CITY FUTURE LAND USE CATEGORIES D Town Center Medium Density' District Residential (3.6 ou to 9.0 OV I ACr9) COUNTY FUTURE LAND USE CATEGORIES OFF- OFFICE COMM.- COMMERCIAL Study Area 11111111111111 City Limits PR.EPAR.ED: 13 APR.IL 2003; CITY OF WINTER. SPR.INGS PLANNING DEPT. EXHIBIT 5- EXISTING ZONING MAP CITY OF WINTER SPRINGS ANNEXATION STUDY AREA LEGEND: CITY ZONING CATEGORIES D L~<u~LU~) !;.Ima) COUNTY ZONING CATEGORIES A-l- AGRICULTURE I ACRE CN.- RESTRICTED NEIGHBORHOOD COMMERCIAL Study Area 11111111111111 City Limits PR.EPAR.ED: 13 APR.IL 2003; CITY OF WINTER. SPR.INGS PLANNING DEPT, EXHIBIT 6- PR.OPOSED ZONING MAP ..a i CITY OF WINTER. SPR.INGS ANNEXATION STUDY AREA LEGEND: CITY ZONING CA TEGOR.IES D T-C R-T (f..." CCUIH INitrict) (Md:Q1o Rom..) COUNTY ZONING CA TEGOR.IES A+ AGR.ICUL TUR.E I ACR.E CN.- R.ESTR.ICTED NEIGHBOR.HOOD COMMER.CIAL Study Area 11111111111111 City Limits PR.EPAR.ED: 13 APR.IL 2003; CITY OF WINTER. SPR.INGS PLANNING DEPT. EXHIBIT 7-1- WATER & SANITARY UTILITIES MARCH 2003 - : , HAWNEE TRL - , ~ ,. l-.....~_ _./::; ", ' \7' <>" ~' \,. \'::.:..-:~/ : -~~~i' -- - 1-- ~-. 9.A S"W CITY OF WINTER. SPR.INGS ANNEXATION STUDY AREA EXHIBIT 7-2- STOR.MW A TER. UTILITIES JANUARY 2004 ;, ~ .NNE TR . - '~I ~"i~WNEETI=ll . ~ ,..~;;::",-====~7 -~.~~:::::IIIl::=-;;""-- II; ==--=--'- - -- ~ - ---1--- CITY OF WINTER. SPR.INGS ANNEXATION STUDY AREA