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HomeMy WebLinkAbout2013 02 06 Public Hearing 500 Racetrac Annexation REVISEDPLANNING & ZONING BOARD AGENDA ITEM 500 February 6, 2013 Meeting Consent Information Public Hearing X Regular REQUEST: The Community Development Department — Planning Division requests that the Planning and Zoning Board hold a public hearing to consider Ordinance 2013-03, which proposes to annex three parcels totaling approximately 1.66 acres, generally located on the southwest corner of the intersection of U.S. 17-92 and State Road 419. SYNOPSIS: An application was received by the Community Development Department which requests voluntary annexation of three parcels totaling approximately 1.66 acres in size. The parcels are located on the southwest corner of the intersection of U.S. 17-92 and State Road 419 adjacent to the south side of an abandoned Hess Gasoline Station. Specifically, the parcels are located at 3237 North U.S. 17-92, 1730 State Road 419, and 1810 State Road 419.The applicant has requested annexation of these parcels for development of a RaceTrac gas station that is proposed to be developed partially on the abandoned Hess station site which is located adjacent to the north of the subject properties, and partially on the three parcels that are the subject of this annexation request. 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. February 6, 2013 Planning & Zoning Board, Item 500 Page 2 of 4 CONSIDERATIONS: The applicant is petitioning the City to voluntarily annex three parcels that are currently located within unincorporated Seminole County. The subj ect parcels total 1.66 approximately acres in size and are located on the southwest corner of the intersection of U.S. 17-92 and State Road 419. The purpose of the annexation of the subject parcels is to utilize them in the development of a RaceTrac gas station that is proposed partially on the site of an abandoned Hess Station, which is located adjacent to the north of the subject parcels, and partially on the subject parcels. The surrounding area is generally characterized by commercial uses in Seminole County and the City of Winter Springs. Subject Properties Existing Land Uses Vacant commercial, former auto repair facility, single-family home Zoning Seminole County C-2 (Retail Commercial District) Future Land Use Seminole County MXD "Mixed Development" North Abandoned Hess gas station City of Winter City of Winter Springs Springs C-2 "Commercial" (General ........................................................................................................................................................................................................................... Commercial) South Boat sales and service facility Seminole County Seminole County MXD C-2 (Retail "Mixed Development" Commercial ........................................................................................................................................................................................................................... District) East S.R. 419 right-of-way None None ............................................................................................................................................................................................................... West U.S. 17-92 right-of-way None None The application petition bears the signatures of all of the property owners. The subject properties are contiguous with the City's existing boundaries and are 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 request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The parcels currently consist of vacant commercial uses. The City has capacity to provide this parcel with the same urban services provided to other areas of the City. County water and sewer service are available to the property. Additionally, the subject parcels are located within Seminole County's 17-92 Community Redevelopment Area (CRA) and the developer maybe eligible for funding from the CRA. The subject properties are currently designated "Mixed Development'' on the Seminole County Future Land Use Map. Properties to the east and west are the rights -of -ways of U.S. 17-92 and S.R. 434 while properties to the south include a boat sales and service facility. The subject properties are currently designated C-2 (Retail Commercial District) on the Seminole County Zoning Map. 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 January 24, 2013. In addition, the properties have been posted with a large yellow sign. February 6, 2013 Planning & Zoning Board, Item 500 Page 3 of 4 If the property is annexed, the applicant's request for a Small Scale Comprehensive Plan Amendment changing the Future Land Use to City of Winter Springs "Commercial" and the request for Rezoning to City of Winter Springs C-2 (General Commercial) will then be considered by the Planning & Zoning Board and the Local Planning Agency. Annexation Agreement: In addition, the applicant is proposing to enter into an annexation agreement with the City. This agreement would allow an existing billboard that is located on the southwestern parcel to be raised to a higher height and to remain on the property. Additionally, this agreement will govern development of the site by controlling building architecture and signage. This agreement is attached as an exhibit to this report. 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 parcels in conjunction with the abandoned Hess station site to be developed into a RaceTrac gas station. Development of the subject property is anticipated to provide an increase to the City's taxable value. A detailed Fiscal Impact Report will be performed once the development details are known. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staff. Additionally, the Meeting Agenda has been sent to media/press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. Adjacent property owners have been notified by US mail. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on January 25, 2013. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Board forward a recommendation of approval for Ordinance 2013-03, which proposes annexation of three parcels located on the southwest corner of the intersection of U.S. 17-92 and State Road 419 adjacent to the abandoned Hess Station. Specifically, the parcels are located at 3237 North U.S. 17-92, 1730 State Road 419, and 1810 State Road 419. ATTACHMENTS: A. Ordinance 2013-03 B. Conceptual Plan February 6, 2013 Planning & Zoning Board, Item 500 Page 4 of 4 C. Proposed building elevations D. Advertisement, Orlando Sentinel — January 24, 2013 Attachment "A" ORDINANCE NO.2013-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING THREE (3) PARCELS OF LAND COMPRISING APPROXIMATELY 1.66 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF U.S. 17-92 AND STATE ROAD 419 AT 3237 NORTH U.S.17-92,1730 STATE ROAD 419, AND 1810 STATE ROAD 419, SAID PARCELS 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. WHEREAS, this is a voluntary annexation which shall be pursuant to the annexation procedures contained in section 171.044, Florida Statutes; and WHEREAS, the City Commission has determined that the subject real property is 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 WHEREAS, this annexation is in compliance and consistent with the goals and objectives of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and WHEREAS, upon the effective date of this Ordinance, the municipal boundary lines of the City of Winter Springs, contained in Winter Springs Charter, Article II, shall be redefined to include the subject real property; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds that 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. 2013-03 Page 1 of 3 Section 1. 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 hereby annexed into the City of Winter Springs by the City Commission. Exhibit "A" is hereby fully incorporated herein by this reference. Section 2. 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 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. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. 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 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. Section 5. Effective Date. This Ordinance 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 City of Winter Springs, Florida, in a regular meeting assembled on the day of 92013. ATTEST: Andrea Lorenzo-Luaces, City Clerk Charles Lacey, Mayor City of Winter Springs Ordinance No. 2013-03 Page 2 of 3 Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. 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REG. p69981 Winter Springs, Florida ( ) z 1UIT C10 ATLAND BOULEVARD 0+ SUITE 1(7 ATL NTA.31-7 GA 30339 FL. CERT. T.OFe UTH.om FL. CERT. OF AUTH. #27198 (770) 431-7600 J DATE �t i 90, P�N et `I■ �i<<� 9y �I owl FIN Elm ),IL u i 00 p� i m�x.��mw ru��wwa t�i5Yw"Sltll�l2�li u ON CO) Q CD c zIR oc o a LL N L y W (� H Z 3 CL cc CC W W Z_ z O w J W z Z O o[ LL W Q M y O J O z W W H N aii f o 1 i Its CO) Q CD c z � oc o a N LL � y W (� H cc Z Z 3 d U y Q cc CC W H W Z_ Q "e, I Urlanclo sentinel Tnurrsday. January 24,2013 sE A B C D E Attachment "D" ORDINANCE NO.2013-03 i AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING THREE (3) PARCELS OF LAND COMPRISING APPROXIMATELY 1.66 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED ONTHE SOUTHWEST CORNER OFTHE INTERSECTION OF U.S.17-92 AND STATE ROAD 419 AT 3237 NORTH U.S.17-92,173D STATE ROAD 419, AND 1810 STATE ROAD 419, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE 11, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTOTHE 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. ORDINANCE NO, 2013-04 j AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS; SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS DESCRIBED AS THREE (3) PARCELS OF LAND, CONTAINING 1.66 GROSS ACRES, MORE OR LESS, AND, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF U.S. 17.92 AND STATE ROAD 419 AT 3237 NO11TH.U.S.17-92, 1730 STATE ROAD 419, AND 181Y STATE ROAD 419, SAID PARCELS BEING MORE PARTICULARLY DEPICTED ANO DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "MIXED DEVELOPMENT (MXD)'TO CI* OF WINTER SPRINGS "COMMERCIAL'; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND -AN EFFECTIVE DATE AND LEGAL STATUS OFTHE PLAN AMENDMENT, ORDINANCE NO.2013.05 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE 20NING MAP DESIGNATION OF THREE (3) PARCELS OF REAL PROPERTY TOTALING 1.66 GROSS ACRES, MORE OR LESS, AND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF U.S 17-92 AND STATE ROAD 419 AT 3237 NORTH U,S.17.92,1730 STATE ROAD 419, AND 1819 STATE ROAD 419, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "C-2 RETAIL COMMERCIAL DISTRICT" TO WINTER SPRINGS "C-2 GENERAL COMMERCIAL DISTRICT;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. LOCATION MAP � t,FHaNep.ro., PLANNING & ZONING BOARD! LOCAL PLANNING AGENCY PUBLIC HEARING WILL BE HELD ON WEDNESDAY, FEBRUARY 6, 2013 AT 5.30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL , 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA CITY COMMISSION FIRST READING PUBLIC HEARING WILL BE HELD ON MONDAY, FEBRUARY 25, 2013 AT 515 P M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA CITY COMMISSION SECOND READING PUBLIC HEARING WILL BE HELb ON MONDAY, MARCH 11, 2013 AT5:15 P.M. ORSOONTHEREAFTER IN THE �"COMMISSION CHAMBERS LOCATED AT f WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance may be obtained by interested parties between 8 a,m. and 5 p.m., Monday through Friday, at the Ciiys Clerk's Office, fouled at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327-1800 #227. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Depatlment Coordinator, 48 hours in advance of the meeting at (407) 327.1800, #236. This is a publ€e hearing. Inlaresied parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. If you decide to s mneal anv recommendation or derision made by the City C❑mm sc An o nn roan"�r rn an„ n axe+ r;d,r a aI snis meeting, you wits need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings �� is made upon which the appeal is based.