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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"