HomeMy WebLinkAbout2013 07 22 Public Hearing 503 Ordinance 2013-07 First Reading, Mermel Annexation
COMMISSION AGENDA
Informational
Consent
ITEM503
Public Hearings
X
Regular
July 22, 2013KSRS
Regular MeetingCity ManagerDepartment
REQUEST:
The Community Development Department – Planning Division requests that the City
Commission hold a public hearing for first reading of Ordinance 2013-07, which proposes
to annex one parcel totaling approximately 4.51 acres, generally located on the northwest
corner of the intersection of DeLeon Street and Florida Avenue.
SYNOPSIS:
An application was received by the Community Development Department requesting the
voluntary annexation of one parcel, approximately 4.51 acres in size. The parcel is located
on the northwest corner of the intersection of DeLeon Street and Florida Avenue.
Specifically, the parcel is located at 1550 DeLeon Street - Oviedo, Florida. The applicant
has requested annexation of this parcel for utilization as a stormwater retention pond and
active recreation area which includes a tennis court and tot lot as part of the proposed
Southern Oaks development.
APPLICANT AND PROPERTY INFORMATION:
Applicant name and address and authorized representative: Dwight Saathoff,
American Land Investments of Weaver, LLC, 5535 Osprey Isle Lane, Orlando, FL
32836. Dwight Saathoff, authorized representative
Property owner’s name(s): American Land Investments of Central Florida, LLC
Property addresses: 1550 DeLeon Street, Oviedo, FL 32765
Property Parcel ID number: 03-21-31-300-0030-0000
Public Hearings 503 PAGE 1 OF 4 - July 22, 2013
Current FLUM Designations: Seminole County A-3
Current Zoning Designations: Seminole County R3
Previously Approved Development permits such as conditional use, waiver, or
variance (if any): No known approved development permits on subject property.
Development Agreements (if any): None
Pending Code Enforcement Actions (if any): Per Seminole County Code
Enforcement, no Code Enforcement actions have been taken on the subject property.
City Liens (if any): No City liens, property currently in unincorporated Seminole
County.
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for
municipal planning be consistent with the Comprehensive Plan).
Florida Statute 166.041 - Procedures for adoption of ordinances and resolutions.
Florida Statute 171.044 - Voluntary Annexation
Winter Springs Charter Section 2.03. Annexation procedure.
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15. Ordinances in General.
City of Winter Springs Comprehensive Plan.
City of Winter Springs Code of Ordinances.
CONSIDERATIONS:
The applicant is petitioning the City to voluntarily annex one parcel that is currently located
within unincorporated Seminole County. The subject parcel is approximately 4.51 acres in
size and is located on the northwest corner of the intersection of DeLeon Street and Florida
Avenue. The subject parcel is proposed as part of a project to be known as Southern Oaks.
This parcel will be utilized as a stormwater retention pond and active recreation
area, including a tennis court and tot lot in the proposed Southern Oaks development. The
Southern Oaks development is located partially in the City of Winter Springs and the City
of Oviedo. The surrounding area is generally characterized by the following land use and
zoning categories.
Public Hearings 503 PAGE 2 OF 4 - July 22, 2013
Existing Land UsesZoningFuture Land Use
Subject
Existing single-family Seminole Seminole County R3
Property
residence County A-3
North
Industrial buildings (Wood City of Winter City of Winter Springs
working facility)Springs R-C1Rural Residential
South
Vacant (part of proposed City of Oviedo City of Oviedo Low
Southern Oaks R-1Density Residential
development)
East
Black Hammock - Rural Seminole Seminole County R3
residential land County A-3
West
Vacant (part of proposed City of Winter City of Winter Springs
Southern Oaks Springs R-1ALow Density
development)Residential
The application petition bears the signature of the property owner. The subject property is
contiguous with the City’s existing boundaries and is currently located in an unincorporated
area of Seminole County that is adjacent to the City of Winter Springs. Annexation of the
parcel does not create any enclaves.
The subject parcel is located within the Seminole County Rural Boundary. A future land use
amendment and rezoning of the property to a City of Winter Springs future land use and
**
zoning designation are not proposed in conjunction with this annexation request. The
property currently has a Seminole County zoning designation of A-3 and a future land use
designation of R3. The R3 future land use designation permits a maximum of one (1)
dwelling unit per three (3) acres.
Seminole County has jurisdiction over any future petitions to change the future land use
designation of the property per the language in the 2004 Seminole County Charter
Amendment. Accordingly, the City has agreed to inform Seminole County if any proposed
future land use amendments on the subject property are proposed.
**Staff wants to inform the City Commission that recent discussions with Seminole County
and the applicant have pertained to the possible removal of the subject property from the
Rural Boundary. If this were to occur, the City would apply a land use and zoning
designation compatible with the proposed development and the surrounding properties.
Adjacent property owners have been notified by US mail. Pursuant to Florida Statute
171.044 (6), the Seminole County Board of County Commissioners was sent via Certified
Mail the notice of annexation for the subject parcels on April 16, 2013. In addition, the
property has been posted with a large yellow sign.
On April 23, 2013, Jim Hartmann, Seminole County Manager sent a letter to the City
Manager in reference to the proposed annexation. This letter indicates that Seminole County
is not opposed to the annexation of the property, but is of the opinion that the proposed uses
Public Hearings 503 PAGE 3 OF 4 - July 22, 2013
for the subject property, as they understand them, could not be accommodated within any of
the future land use designations that have been identified as appropriate for, and consistent
with, the Rural Area. Since this letter was sent, discussions have been on going relative to
the proposed uses and the Rural Boundary . Final resolution of these discussions between
the County, the City , and the applicant will occur before this item is brought back to the
City Commission for final action (second reading).
Findings:
In analyzing the annexation request, it appears that all statutory requirements related to
voluntary annexation have been satisfied.
FISCAL IMPACT:
The proposed annexation of the property allows the subject parcel to be developed into a
retention pond and active recreation area for a proposed residential development.
Development of the subject property is anticipated to provide an increase to the City’s
taxable value. A detailed fiscal analysis will be part of the agenda item for the City
Commission's consideration of final engineering for the Southern Oaks project.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and
the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City’s Website, LaserFiche, and the City’s
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
A yellow sign noting the dates and times of the public hearings has been posted on the
property. Additionally, this item has been advertised in the Orlando Sentinel in accordance
with the requirements of Florida Statute 171.044(2).
RECOMMENDATION:
Staff recommends the City Commission approve first reading of Ordinance 2013-07, which
proposes annexation of one parcel of land located on the northwest corner of the
intersection of DeLeon Street and Florida Avenue, and move said Ordinance forward to
second reading.
ATTACHMENTS:
A. Ordinance 2013-07
B. Sketch and description
C. Letter from Jim Hartmann, Seminole County Manager
D. Minutes, May 1, 2013 Planning & Zoning Board meeting
Public Hearings 503 PAGE 4 OF 4 - July 22, 2013
Attachment"A"
ORDINANCE NO. 2013-07
AN ORDINANCE OFTHE CITY COMMISSION OFTHE
CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1)
PARCEL OF LAND COMPRISING APPROXIMATELY 4.51
GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN
SEMINOLECOUNTY, FLORIDA, AND GENERALLY
LOCATED ON THE NORTHWEST CORNER OF THE
INTERSECTION OF DELEON STREET AND FLORIDA
AVENUE, SAID PARCEL BEING MORE PARTICULARLY
DEPICTED AND DESCRIBED ON EXHIBIT A ATTACHED
HERETO; PROVIDING FOR THE AMENDMENT OF
WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES,
TO INCORPORATE THE REAL PROPERTY INTO THE
CITY BOUNDARIES; PROVIDING FOR THE FILING OF
THE REVISED WINTER SPRINGS CHARTER WITH
APPROPRIATE AGENCIES UPON SAID APPROVAL;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
, this is a voluntary annexation which shall be pursuant to the annexation
WHEREAS
procedures contained in section 171.044, Florida Statutes; and
, the City Commission has determined that the subject real propertyis
WHEREAS
reasonably compact and contiguous with the boundaries of the City of Winter Springs and will not
create an enclave and otherwise satisfies the requirements for annexation; and
, this annexation is in compliance and consistent with the goals and objectives
WHEREAS
of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and
, upon the effective date of this Ordinance, the municipal boundary lines of the
WHEREAS
Cityof Winter Springs, contained in Winter Springs Charter, Article II, shall be redefined to include
the subject real property; and
the City Commission of the City of Winter Springs, Florida, hereby finds that
WHEREAS,
this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
City of Winter Springs
Ordinance No. 2013-07
Page 1 of 3
The area of real property, which is more
Section 1.Annexation of Real Property.
particularly described in the metes and bounds legal description and map attached hereto as
Exhibit
is herebyannexed into the City of Winter Springs by the City Commission. Exhibit "A" is
"A,"
hereby fully incorporated herein by this reference.
Pursuant
Section 2.City Boundaries Redefined; Winter Springs Charter Amended.
to section 166.031(3), Florida Statutes, and section 171.091, Florida Statutes, the City of Winter
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 revised Winter Springs Charter, Article II, Section
2.01, with the Department of State within thirty (30) days upon said approval and shall provide a
copy to the Office of Economic and Demographic Research along with a statement specifying the
population census effect and the affected land area. The City Clerk shall also file this Ordinance
with the Clerk of the Circuit Court of Seminole County, the Chief Administrator of Seminole
County, and the Department of State within seven (7) days of the effective date.
All ordinances
Section 3.Repeal of Prior Inconsistent Ordinances and Resolutions.
and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the
extent of the conflict.
Shouldany section or provision of this Ordinance, or any
Section 4.Severability.
portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part
thereof to be declared invalid.
This Ordinance shall become effective immediately upon
Section 5.Effective Date.
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
by the City Commission of the City of Winter Springs, Florida, in a regular
ADOPTED
meeting assembled on the ___ day of __________, 2013.
____________________________________
Charles Lacey, Mayor
ATTEST:
____________________________
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
Ordinance No. 2013-07
Page 2 of 3
Approved as to legal form and sufficiency for
the City of Winter Springs only:
______________________________________
Anthony A. Garganese, City Attorney
First Reading: ______________
Second Reading:______________
Effective Date: ______________
City of Winter Springs
Ordinance No. 2013-07
Page 3 of 3
Exhibit “A”
Attachment"B"
Attachment"C"
Attachment"D"