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HomeMy WebLinkAbout2015 03 04 Public Hearing 500 Ordinance 2015-09 Lennity Architecture AnnexationLOCAL PLANNING AGENCY AGENDA ITEM 500 March 4, 2015 Meeting Consent Information Public Hearing X Regular REQUEST: The Community Development Department —Planning Division requests that the Local Planning Agency hold a public hearing to consider Ordinance 2015-09, which proposes to annex one (1) parcel totaling approximately 1.871 acres, generally located southeast of the intersection of State Road 434 and Tuskawilla Road. SYNOPSIS: An application has been received by the Community Development Department which requests voluntary annexation of one (1) parcel totaling approximately 1.871 acres in size generally located southeast of the intersection of State Road 434 and Tuskawilla Road (see Attachment A - Location Map). Ordinance 2015-09 proposes the voluntary annexation of approximately 1.871 gross acres of property per the applicants request (see Attachment B - Ordinance 2015-09). The voluntary annexation of the property is for a future retirement residence at said location. 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 1.871 acres that is generally located southeast of the intersection of State Road 434 and Tuskawilla Road. The voluntary annexation of the property is for a future retirement residence at said location. The subject property is part of a proposed retirement development that will conform with the City's Town Center design and development standards. The surrounding area is generally characterized by vacant 'Town Center' property within the City of Winter Springs. March 04, 2015 Local Planning Agency, Item 500 Page 2 of 3 Existing Land Uses Zoning Future Land Use Subject Vacant Property Seminole County Seminole County Properties "Agriculture (A-1)" "Industrial" North Vacant Property City of Winter City of Winter Springs Springs "Town "Town Center" Center TS " South Vacant Property City of Winter City of Winter Springs Springs "Town "Town Center" Center T4 " East Vacant Property City of Winter City of Winter Springs Springs "Town "Town Center" Center T4 " West Vacant Property City of Winter City of Winter Springs Springs "Town "Town Center" Center TS " 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 is currently undeveloped and within the City's Town Center boundary. The City has capacity to provide this parcel with the same urban services provided to other areas of the City. City water and sewer service are available to the subject properties. The subject property is currently designated "Industrial" on the Seminole County Future Land Use Map. In addition, the subject properties are 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 (T5)" will then be considered by the Local Planning Agency. Findings: In analyzing the annexation request, it appears that all statutory requirements related to voluntary annexation have been satisfied. FISCAL IMPACT: Once the property is annexed it will be added with approximately eight (8) acres of adjacent property presently within the City for a proposed senior housing development. More specifically, the project is scheduled to be a 110,000 square foot $15,000,000 development providing 18-24 full time positions of employment for the local community. The surrounding area is generally characterized by commercial uses in the City of Winter Springs. Development of the subject property is anticipated to provide an increase to the City's taxable value. A detailed Fiscal Impact Report will be provided as part of the March 04, 2015 Local Planning Agency, Item 500 Page 3 of 3 development application. 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 subj ect parcels on February 6, 2015 (see Attachment C - Seminole County Board of County Commission Annexation Notification Letter). The proposed ordinance was advertised in the Orlando Sentinel on February 19, 2015 (see Attachment D - Advertisement, Orlando Sentinel). 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 Local Planning Agency forward a recommendation of approval for Ordinance 2015-09, which proposes annexation for 1.871 acres of property generally located southeast of the intersection of State Road 434 and Tuskawilla Road. ATTACHMENTS: A. Location Map B. Ordinance 2015-09 C. Seminole County Board of County Commission Annexation Notification Letter D. Advertisement, Orlando Sentinel — February 19, 2015 ATTACHMENT "A" LOCATION MAP WINTE< SP.:li�c5 VILLR6E FOUR PARCEL SUBI)MSION - TE5UP5 RESERVE TOWNHUAAES REPLAT � ' � y �� � �•� WIIJTER SPRIN65�Lc R6E PFlASE2�' SOHNSTONS SURVEY SOE E , o WAITER SPRIN...&E FOUR PARCEL SLI..Il.N go HAT SIRES WAY f '�•- .o � ' BLOCVC A —it—_--- $ SUBJF-CT PROPERTY,,, -------- p m„1 —75GWILt \ --- ro m e a m i AVERY PARK n •- - i TU5KRWILLR OF-,,'Ejl m Sao Ft � / °- .7-ilq C ATTACHMENT "B" ORDINANCE NO. 2015-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF LAND COMPRISING APPROXIMATELY 1.871 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD; 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: City of Winter Springs Ordinance No. 2015-09 Page 1 of 2 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 12015. 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 SKETCH OF DESCRIPTION FOR: HAWTHORN DEVELOPMENT, LLC EXHIBIT "A" SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA CITY OF WINTER SPRINGS "WINTER SPRINGS RETIREMENT RESIDENCE" DFSCRIPTION- THAT PART OF THE C.S.X. TRANSPORTATION INC., "LAKE CHARM BRANCH RAIL CORRIDOR" LYING IN LOT 8 BLOCK "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. - COMMENCE AT THE SOUTHWESTERN MOST CORNER OF LOT 31, ST JOHNS LANDING AS RECORDED IN PLAT BOOK 53, PAGES 45 THRU 49 OF SAID PUBLIC RECORDS, SAID POINT BEING A RECOVERED CONCRETE MONUMENT ON THE EASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY AVENUE) AS RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829 OF SAID PUBLIC RECORDS- THENCE RUN NORTH 59JI'38" WEST ALONG THE WESTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 31 FOR A DISTANCE OF 15.00 FEET, THENCE RUN SOUTH 3004'55" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 5.00 FEET, THENCE CONTINUE SOUTH 3004'55" WEST A DISTANCE OF 35.00 FEET,- THENCE SOUTH 5931'38" EAST, A DISTANCE OF 1132.34 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 150.00 FEET, THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE AT 6036'00" FOR AN ARC DISTANCE OF 158.65 FEET TO THE POINT OF TANGENCY, THENCE SOUTH 01'04'22" WEST A DISTANCE AT 146.91 FEET, THENCE SOUTH 245941"W, A DISTANCE OF 318.72 FEET, THENCE SOUTH 00100'00" EAST A DISTANCE OF 115.48 FEET, THENCE SOUTH 365521" EAST A DISTANCE OF 217.54 FEET, THENCE SOUTH 15'19'53" EAST A DISTANCE OF 140.49 FEET, THENCE SOUTH 0223'00 WEST A DISTANCE OF 556.34 FEET, THENCE SOUTH 0725'15" WEST A DISTANCE OF 272.61 FEET, THENCE SOUTH 29'30'05" WEST A DISTANCE OF 231.37 FEET, THENCE SOUTH 5031'58" WEST A DISTANCE OF 1475.69 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF STATE ROAD 434 ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 77070-2516; THENCE CONTINUE SOUTH 5031'58" WEST FOR A DISTANCE OF 143.34 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434; THENCE SOUTH 5031'58" WEST FOR A DISTANCE OF 566.79 FEET TO THE POINT OF BEGINNING; SAID POINT LYING ON THE EASTERLY RIGHT OF WAY OF THE C.S.X. TRANSPORTATION INC. "LAKE CHARM BRANCH" RAIL CORRIDOR; THENCE SOUTH 6207'Ol" WEST A DISTANCE OF 101.16 FEET TO THE WESTERLY RIGHT OF WAY OF SAID RAIL CORRIDOR; SAID POINT BEING A NON TANGENT CURVE CONCAVE NORTHEASTERLY, AND HAVING A RADIUS OF 2248.74 FEET AND A CHORD BEARING OF NORTH 1232'30" WEST- THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13'4225" FOR AN ARC DISTANCE OF 537.97 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 370733 FEET AND A CHORD BEARING OF NORTH 0020'46" WEST, THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10'41'01" FOR AN ARC DISTANCE OF 691.32 FEET TO A POINT OF NON TANGENCY- SAID POINT LYING ON THE AFOREMENTIONED SOUTHWESTERLY RIGHT OF WAY LINE OF STATE ROAD 434; THENCE SOUTH 384548" EAST ALONG SAID SOUTHWESTERLY RIGHT OF WAY FOR A DISTANCE OF 146.84 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 360733 FEET AND A CHORD BEARING OF SOUTH 01'11'18" EAST- THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0859'58" FOR AN ARC DISTANCE OF 566.60 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 2148.74 FEET AND A CHORD BEARING OF SOUTH 1220'33" EAST, THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13'1831" FOR AN ARC DISTANCE OF 499.11 FEET TO THE POINT OF BEGINNING. CONTAINING 2.635 ACRES MORE OR LESS. PARCEL NO. 06-21-31-300-001A-0000 = 0.764 ACRES PARCEL NO. 06-21-31-300-002E-0000 = 1.871 ACRES **SAME LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 3988, PAGE 1095 ** NOTES: 1. DATE OF SKETCH: FEBRUARY 03, 2015. 2. SUBJECT TO RIGHTS OF WAY, RESTRICTIONS, EASEMENTS AND RESERVATIONS OF RECORD. 3. UNLESS OTHERWISE SHOWN, UNDERGROUND IMPROVEMENTS NOT LOCATED. 4. PUBLIC RECORDS NOT SEARCHED BY JCH CONSULTING GROUP, INC. 5. BEARINGS ARE ASSUMED BASED ON THE FLORIDA EAST GRID NAD-83, (2011 ADJUSTMENT). 6. ADDITIONS OR DELETIONS TO SURVEY MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE PARTY(IES) NAMED HEREON, AND SHALL NOT BE DUPLICATED OR RELIED UPON BY ANY OTHER INDIVIDUAL OR ENTITY WITHOUT AUTHORIZATION FROM JCH CONSULTING GROUP, INC. SURVEYOR'S CERTIFICATION: "NOTE: THIS IS NOT A I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA SURVEY** BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER SHEET 1 OF 2 5J-17.050-052, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. ONE IS NOT COMPLETE WITHOUT THE OTHER CHRISTOPHER J. HOWSON, P.S.M., C.F.M.- LS 6553 OF JCH CONSULTING GROUP, INC. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER C% % DRAWN: C.J.H. J.O.# 14102 l�l/ REVISED: D WG. # 14102SK CONSULTING GROUP, INC. CHECKED: C.J.H. SHEET 1 OF 2 LAND DPVELoPA4ENY' SuRVEYmrG&MAPPwG PLANNING. ENWROMA-,ENTAL. GJS. APPROVED: C.J.H. CHItI OII OPAlRFIDIUZATIONNO.I98'Ill ff&W -RJ.H0W N,P.SM., GP.M-LS6553 8fS550U3FiWCSl'SOIH-!2 7,SU3 o-A PLOR0A34f91 m w Poo SCALE. 1 " = 400 COPYRIGHT © JANUARY, 2015 SKETCH OF DESCRIPTION FOR: HAWTHORN DEVELOPMENT, LLC N59 3138"W 15.00' S3004 55'W S3004 55"W **SAME LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 3988, PAGE 1095 ** = PARCEL NO: 06-21-31-300-001A-0000 = PARCEL NO: 06-21-31-300-002B-0000 \ SOUTHWESTERLY RIGHT OF WAY LINE OF STATE ROAD 434 9� PARCEL NO. 06-21-31-300-OO1A-0000 0.764 ACRES MORE OR LESS L=691.32' R=3707.33' d=10 4103" CB=N020'46'W CH=690.32' PARCEL NO. 06-21-31-300-002E-0000 1.871 ACRES MORE OR LESS L=537.97' R=2248.74' d=13'42 25"' CB=N123230'W CH=536.69' WEST RIGHT OF WAY OF C.S.X. TRANSPORTATION INC "LAKE CHARM BRANCH" RAIL CORRIDOR 146.84' L=566.60' R=3607.33' 7d=859 58" C8=S171'18 E CH=566 02' L=499.II' ` R=2148.74' \ d=137831" C8=S1220'33"E` CH=497.99' �l POINT OF COMMENCEMENT SOUTHWESTERN MOST CORNER OF LOT 3I ST JOHNS LANDING PLAT BOOK 53, PAGE 45-49 L=158.65' R=150.00' d=6036 00' — C8=S297338 E CH=151.36' SOIV422'W 146.91' S2459'41 "W 318.72'- S000000 E 115.48'— S365521 E 21Z54'— S157953"E 140. S0273'00'W 556.34'— SO7'25'15"W 272.61' S293005'W 231.31'— S503158"W 14134' \NOR THEASTERLY RIGHT OF WAY LINE OF STATE ROAD 434 \ NOTE: THIS IS NOT A POINT OF\ BEGINNING SURVEY** SHEET 2 OF 2 'W 101.16ONE IS NOT COMPLETE WITHOUT THE OTHER CT % DRAWN: C.J.H. J.O.# 14102 l�l/ REVISED: D WG. # 14102SK2 41.1 CONSULTING GROUP, INC. CHECKED: C.J.H. SHEET 2 OF 2 LAND DEVELOPMENT. S ORV=VG & MAPPEVG PLANMNG. RAWIRONMENTAL, G.LS, APPROVED: C.J.H. CHRTT"C OPAO OR MNNO.I WV GTII2(S7GPF RJHOWSON,P.SM., CP.M-MM 1!!5l UTFiWEST"ttfISllj ET1111MI OTL9,-TA _�.m Poo SCALE: 1 = 400 COPYRIGHT ©JANUARY, 2015 ATTACHMENT "C" COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, FL 32708 Telephone (407) 327-1800 Fax: (407) 327-4756 February 6, 2015 (VIA CERTIFIED MAIL) Seminole County Board of County Commissioners CIO Nicole Guillet, AICP, Seminole County Manager 1101 East 0 Street Sanford, Florida 32771 Re: Proposed Annexation & Small Scale Plan Amendment - Tax Parcel Identification Number: 06-21-31-300-00213-0000 Dear Ms. Guillet, The City of Winter Springs is forwarding to your attention a copy of the notice of a Annexation and Small Scale Plan Amendment for the aforementioned Seminole County Tax Identification Number for property herein referred to as the 'Winter Springs Retirement Residence Property. The subject property is generally located just east of the intersection of State Road 434 and Tuskawilla Road (see Exhibit A - Location Map). A future land use amendment and rezoning of the subject property to a City of Winter Springs future land use and zoning designation are proposed in conjunction with this annexation request as follows: Seminole County E xisting Future Land Use Existing Zoning __ _ [ Industrial Agriculture A-1 City of Winter Springs Proposed Future Land Use Proposed Zonin Town Center Town Center (T5) The current schedule for the Local Planning Agency and the City Commission of the City of Winter Springs to consider the Annexation and Small Scale Plan Amendment is as follows: Proposed Voluntary Annexation -Winter Springs Retirement Residence -Notification Letter Seminole County Board of County Commissioners CIO Nicole Guillet, AICP, Seminole County Manager Pg. 2 Local PIanning Agency - Wednesday, March 4, 2015 the Commission Chambers, Winter Springs City Hall. First Reading — Monday, March 23, 2015 at 5:15 Commission Chambers, Winter Springs City Hall. Second Reading —Monday, April 13, 2015 at 5:15 Commission Chambers, Winter Springs City Hall. at 5:30 or soon thereafter in or soon thereafter in the or soon thereafter on the Please note that this schedule is subject to change. You will be notified of any schedule change. If there are any questions or clarifications necessary, please feel free to contact me by telephone at (407) 327-5967 or via email at roodruff(c winterspringsfl.org. Sincerely, Randy Woodruff, AICP Senior Planner Enclosures: Exhibit A - Location Map CC: Anthony Garganese, City Attorney (via email) Randy Stevenson, AICP, ASLA, Community Development Director Exhibit A - Location Map LOCATION MAP C) • W7.`EC SF-df.65''ZtLAU F3UA PACCEi 5U9:.i.'7 i.'Cl, 'Lo" . • a SUBJECT PROPERTY O M�