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HomeMy WebLinkAbout2014 08 06 Public Hearing 502 Ordinance 2014-15 Annexation of 1192 Orange Avenue LOCAL PLANNING AGENCY/PLANNING AND ZONING BOARD AGENDA Consent ITEM 502 Information Public Hearing X Regular August 6, 2014 Meeting REQUEST: The Community Development Department—Planning Division requests that the Local Planning Agency hold a public hearing to consider Ordinance 2014-15, which proposes to annex approximately 1.03 acres of property located at 1192 Orange Avenue. SYNOPSIS: An application has been received by the Community Development Department which requests voluntary annexation of approximately 1.03 acres of property located at 1192 Orange Avenue (see Attachment A-Location Map). The requested annexation affords the property owner the ability to reduce the minimum lot size from one (1) acre down to less than half an acre in the near future. 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 approximately 1.03 acres of property located at 1192 Orange Avenue. Applicant— George A. III& Yvonne Meier Location— 1192 Orange Avenue Site Information—The subject property currently has an existing brick/wood frame residence that was built in 1968. August 6,2014 Planning&Zoning Board,Item 502 Page 2 of 4 PARCEL Property Addresses: 1192 Orange Avenue Property Owners: George A. III & Yvonne Meier Applicant Address: 1192 Orange Avenue Winter Springs, F132708 Property Appraiser Parcel I.D numbers: 26-20-30-5AR-OB00-004C Property Acreage: 1.03 acres Property Legal Descriptions: See 'Attachment B - Legal Description/Survey' Current Future Land Use: Seminole County"Suburban Estate (SE)" Proposed Future Land Use: City of Winter Springs "Town Center" Existing Zoning: Seminole County "A-1 (Agriculture)" Proposed Zoning: City of Winter Springs "Town Center" (T-3) Existing Land Uses — The applicant, Mr. & Mrs. Meier, presently live within the City of Winter Springs on property located at 1184 Orange Avenue. The subject property, 1192 Orange Avenue, is located directly east of the owners residence and is presently within unincorporated Seminole County. The surrounding area is generally characterized by the following land use and zoning categories. Existing Land Uses Zoning Future Land Use Subject Existing Single- Seminole County Seminole County Properties Family Residence Agriculture (A-1) Suburban Estate (SE) North Lake Jesup N/A N/A ................................................................................................................................................................................................................................................................................................................................................................................................................................................. South Jesups Landing City of Winter City of Winter Springs Springs Town Center Town Center (T-4) ................................................................................................................................................................................................ ....................................................................................................................................................................................................................................... East Vacant Property Seminole County Seminole County Single-Family R 1 Suburban Estate SE .................................................................................................................................................................................................................._......................................_ ............................................................................................................................................ .................. West Existing Single- City of Winter City of Winter Springs Family Residence Springs Town Center Town Center (T-3) August 6,2014 Planning&Zoning Board,Item 502 Page 3 of 4 The application petition bears the signatures of all of the property owners and the parcel does not create any enclaves. 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. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The subject property currently has an existing brick/wood frame residence that was built in 1968. The subject property is currently connected to City water but is not connected to the City sewer system. The City has an existing 8-inch water main along Orange Avenue adjacent to the south side of the property that is available to provide potable water service to the property. The City has an existing 4-inch City sanitary force main in Orange Avenue that is available for connection. The subject property is currently designated "Suburban Estate (SE)" on the Seminole County Future Land Use Map. In addition, the subject property is currently designated "Agriculture (A-1)" on the Seminole County Zoning Map. 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"Town Center" and the request for Rezoning to City of Winter Springs "Town Center" (T-3)will then be considered by the Local Planning Agency under Item 503. Findings: In analyzing the annexation request, it appears that all statutory requirements related to voluntary annexation have been satisfied. FISCAL IMPACT: The requested annexation affords the property owner the ability to reduce the minimum lot size from one (1) acre down to less than half an acre in the near future. The surrounding area is generally characterized by single and multi-family development in both Seminole County and the City of Winter Springs. Should the property be further subdivided in the future, additional residential lots would provide an increase to the City's tax base. 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 July 10, 2014. In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. STAFF RECOMMENDATION: August 6,2014 Planning&Zoning Board,Item 502 Page 4 of 4 Staff recommends the Local Planning Agency forward a recommendation of approval for Ordinance 2014-15, which proposes to annex approximately 1.03 acres of property located at 1192 Orange Avenue. ATTACHMENTS: A. Location Map B. Legal Description C. Ordinance 2014-15 D. Advertisement, Orlando Sentinel—July 24, 2014 • !� + j SUBJECT PROPERTY 11?y�PnK�phri J ��' , _ y ■� � 'ra,x.mob_* , S r• ' I ' 4 � ATTACHMENT"B" DESCRIPTION: (PARCEL"A") �6- 3' THE EAST 151.00 FEET OF THE SOUTH 230.00 BEEF TOGETHER•MTH WE EAST 20.0a GF THAT PORTION LYING NORTH OF THE ° o€�#e SOUTH 230.00 FEET OF THE ABOVE DEBCRI—PROPERTY AND SOUTH OF THE NORTIERLY LINE OF, ,� V rc o� WE SOUTH M17 FEET OF THE ABOVE GESCRIBEO PROPERTY AND THE EASE 25.00.FEET aF THAT PORTION LYING Uo _,,w €N (1 NORTH OF THE NORTHERLY ONE.1 WE SOUTH 63&1J FEET OF THE FOLLOWING DESCRIBED PROPERTY. O <w¢,I Cl THE WESTERLY iW FEET OF THE EASTERLY 175 FEET OF LOT 4.BLOCK 9,D.R,VAITCHEL'I'S SURVEY OF THE LEVY GRANT - i g 3t m w�a `@ z o ON LAKE—UP,ACCORDING TO WE—THEREOF,AS RECORDED IN PLAT BOCK 1,PAGE 5,OF WC PUBLIC—ONUS 3p �i� E�zS F. `Y OF SFJ.N.—COUNTY,FLORIDA.AND THE WESTERLY 71 FEET OF WE EASTERLY 246 FEET OF LOT 0.BLOCK R G.R. 5 i MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE,ESSUP,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 1,PAGE 5,OF THE PUBLIC RECORDS OF SEAINCLE COUNTY,FLORIDA. - l✓3{ C CONTANING 1.03 ACRES.MORE OR LESS U� amw DESCRIPTION: (PARCEL'B") o me�l=�sls's a6 THE WESTERLY 100 FEET OF WE EASTERLY"S FFET OF LOT 4,BLOCK B.O.R.MITCHELL'S SURVEY OF THE LENY GRANT �C, y�w �� 4o g`o_ ON LAKE JESAIP,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT B001t 1.PAGE 5,OF WE PUBLIC RECORDS i s �N;��U.. ° �uS LLO OF SEMINOIE COUNTY,FLORIDA,AND THE WE—T Y 71 FEET OF THE EASTERLY 246 FEET OF LOT 4,BLOCK B,D.R. €� g € ��z°5pa fS MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE.BSSUP.ACCORDING TO TIE PLAT THEREOF,AS RECORDED IN v.v F PLAT BOOK 1,PAGE 5,OF THE PUBLIC RE OF SEMINCLE COUNTY,FLORID0. g� �$ N .1 a a a 1SE THE EAST 151.00 FEET OF THE SOUTH 230.00 FEET TOGETHER--THE EAST 20.00 OF THAT PORTION LYING NORTH OF THE Q u�ry u 'gaff SOUTH 230.00 FEET OF THE ABOVE DESCRIBED PROPERTY AND SOUTH OF THE NORTHL73Y LINE OF. Ell o j r w s'=ate THE SOUTH NORTH OF 17 FEET Of THE ABOVE OF S PROPERTY AND EE Tit EAST ABOVE FEET IS THAT PORTION LYING Z� _¢m ° '° NORTH OF THE NORTIEiRLY LINE OF TIE SOUTH ACRES FEET OF THE ABOVE GES(RIBED PROPERtt. o CONTAINING 1.69 ACRES MORE OR LESS �Z6 wz 1° g88 13 6= 9 �� o Roo si 0 w REMAINDER OF LOT 4 °e - -a4Y 1i-mho° __ $02-�2•D2• E BLOCK B-NOT INCLUDED 7�0' t (M) B1J r Q e �� o Zo� �5022'O2'E wn N0408272vW 9 m W � W y �. B� $ �o6j �FwLL� 70* ,<m - owmme�w r ^o ' w Z Q WLY 100',ELY 175 OF m- LOT 4,BLOCK B > �a� n°$ CL _ �s -------_____-_ __________________________ z ____i_________ P Q p .00 a N MBJJO�wo � - 1 N�� qo. y. h - to LJ.I r WLY 7T',E'LY 246'OF - 230.07 °eF — (, a Qz w a 93 1 YS LOT 4,BLOCK B �- ? ,. j 1 N 0272'02°W Q ° N 0212'02'.W 684't (M) Q ME E9� off Y REMAINDER OF LOT 4 g°`" zF 'S° s�V BLOCK B-NOT INCLUDED II do c Attachment"C" ORDINANCE NO. 2014-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,FLORIDA,ANNEXING ONE(1)PARCEL OF LAND COMPRISING APPROXIMATELY 1.03 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED AT 1192 ORANGE AVE, WINTER SPRINGS; 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. 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: 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 City of Winter Springs Ordinance No.2014-15 Page 1 of 2 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 12014. Charles Lacey,Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk 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.2014-15 Page 2 of 2 EXHIBIT"A" DESCRIPTION: (PARCEL"A") �6- 3' THE EAST 151.00 FEET OF THE SOUTH 230.00 BEEF TOGETHER•MTH WE EAST 20.0a GF THAT PORTION LYING NORTH OF THE ° o€�#e SOUTH 230.00 FEET OF THE ABOVE DEBCRI—PROPERTY AND SOUTH OF THE NORTIERLY LINE OF, ,� V rc o� WE SOUTH M17 FEET OF THE ABOVE GESCRIBEO PROPERTY AND THE EASE 25.00.FEET aF THAT PORTION LYING Uo _,,w €N (1 NORTH OF THE NORTHERLY ONE.1 WE SOUTH 63&1J FEET OF THE FOLLOWING DESCRIBED PROPERTY. O <w¢,I Cl THE WESTERLY iW FEET OF THE EASTERLY 175 FEET OF LOT 4.BLOCK 9,D.R,VAITCHEL'I'S SURVEY OF THE LEVY GRANT - i g 3t m w�a `@ z o ON LAKE—UP,ACCORDING TO WE—THEREOF,AS RECORDED IN PLAT BOCK 1,PAGE 5,OF WC PUBLIC—ONUS 3p �i� E�zS F. `Y OF SFJ.N.—COUNTY,FLORIDA.AND THE WESTERLY 71 FEET OF WE EASTERLY 246 FEET OF LOT 0.BLOCK R G.R. 5 i MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE,ESSUP,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 1,PAGE 5,OF THE PUBLIC RECORDS OF SEAINCLE COUNTY,FLORIDA. - l✓3{ C CONTANING 1.03 ACRES.MORE OR LESS U� amw DESCRIPTION: (PARCEL'B") o me�l=�sls's a6 THE WESTERLY 100 FEET OF WE EASTERLY"S FFET OF LOT 4,BLOCK B.O.R.MITCHELL'S SURVEY OF THE LENY GRANT �C, y�w �� 4o g`o_ ON LAKE JESAIP,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT B001t 1.PAGE 5,OF WE PUBLIC RECORDS i s �N;��U.. ° �uS LLO OF SEMINOIE COUNTY,FLORIDA,AND THE WE—T Y 71 FEET OF THE EASTERLY 246 FEET OF LOT 4,BLOCK B,D.R. €� g € ��z°5pa fS MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE.BSSUP.ACCORDING TO TIE PLAT THEREOF,AS RECORDED IN v.v F PLAT BOOK 1,PAGE 5,OF THE PUBLIC RE OF SEMINCLE COUNTY,FLORID0. g� �$ N .1 a a a 1SE THE EAST 151.00 FEET OF THE SOUTH 230.00 FEET TOGETHER--THE EAST 20.00 OF THAT PORTION LYING NORTH OF THE Q u�ry u 'gaff SOUTH 230.00 FEET OF THE ABOVE DESCRIBED PROPERTY AND SOUTH OF THE NORTHL73Y LINE OF. Ell o j r w s'=ate THE SOUTH NORTH OF 17 FEET Of THE ABOVE OF S PROPERTY AND EE Tit EAST ABOVE FEET IS THAT PORTION LYING Z� _¢m ° '° NORTH OF THE NORTIEiRLY LINE OF TIE SOUTH ACRES FEET OF THE ABOVE GES(RIBED PROPERtt. o CONTAINING 1.69 ACRES MORE OR LESS �Z6 wz 1° g88 13 6= 9 �� o Roo si 0 w REMAINDER OF LOT 4 °e - -a4Y 1i-mho° __ $02-�2•D2• E BLOCK B-NOT INCLUDED 7�0' t (M) B1J r Q e �� o Zo� �5022'O2'E wn N0408272vW 9 m W � W y �. B� $ �o6j �FwLL� 70* ,<m - owmme�w r ^o ' w Z Q WLY 100',ELY 175 OF m- LOT 4,BLOCK B > �a� n°$ CL _ �s -------_____-_ __________________________ z ____i_________ P Q p .00 a N MBJJO�wo � - 1 N�� qo. y. h - to LJ.I r WLY 7T',E'LY 246'OF - 230.07 °eF — (, a Qz w a 93 1 YS LOT 4,BLOCK B �- ? ,. j I N 0272'02°W Q ° N 0212'02'.W 684't (M) Q ME E9� off Y REMAINDER OF LOT 4 g°`" zF 'S° s�V BLOCK B-NOT INCLUDED II do c ANT vvDvv -r . N(STI F_ISWER YGWENTIiAT ? 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