HomeMy WebLinkAbout2013 08 12 Public Hearing 503 Ordinance 2013-07, Mermel Property Annexation - Request for Continuance COMMISSION AGENDA
Informational
Consent
ITEM 503 Public Hearin s X
g
Regular
August 12, 2013 KS RS
Regular Meeting City Manager Department
REQUEST:
At the request of the applicant, staff is requesting a continuance of second reading of
Ordinance 2013-07 to a date certain of August 26, 2013 to preserve advertising. Ordinance
2013-07 proposes annexation of one parcel of land, approximately 4.51 acres in size
located on the northwest corner 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, recreation area which includes a tot lot, and passive green space as part of the
proposed Southern Oaks development.
CONSIDERATIONS:
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
Public Hearings 503 PAGE 1 OF 4-August 12,2013
. Property addresses: 1550 DeLeon Street, Oviedo, FL 32765
. Pro�ert�Parcel ID number: 03-21-31-300-0030-0000
. Current FLUM Desi�nations: Seminole County A-3
. Current Zonin�Desi na� tions: Seminole County R3
• Previously Approved Development permits such as conditional use, waiver, or
variance if an�l: No known approved development permits on subj ect property.
. Development A�reements (if any�: None
. Pending Code Enforcement Actions (if an�l: Per Seminole County Code
Enforcement, no Code Enforcement actions have been taken on the subj ect property.
. Cit� Liens if an�: 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.
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, recreation area which includes a
tot lot, and passive green space 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-August 12,2013
xisting Land Uses oning uture Land Use
Subject xisting single-family Seminole Seminole County R3
Pro ert esidence oun A-3
North ndustrial buildings (Wood ity of Winter ity of Winter Springs
orkin facili S rin s R-C1 ural Residential
South acant(part of proposed ity of Oviedo ity of Oviedo Low
Southern Oaks -1 ensity Residential
develo ment
East lack Hammock-Rural Seminole Seminole County R3
esidential land ounty A-3
West acant(part of proposed ity of Winter ity of Winter Springs
Southern Oaks Springs R-lA ow Density
development) esidential
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
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
Public Hearings 503 PAGE 3 OF 4-August 12,2013
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). Based upon the date of final action by
the County Commission on a proposed tri-party agreement limiting the uses on the
subject parcel and consideration of removing this parcel from the rural
boundary, staff may need to request an additional continuance beyond the August 26,
2013 date.
Findin�s:
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.
This item was advertised in the Orlando Sentinel on July 18, 2013 and July 25, 2013 in
accordance with Florida Statute 171.044. Additionally, the property has been posted with a
large yellow sign.
RECOMMENDATION:
Staff recommends continuing second reading of Ordinance 2013- 07 to a date certain of
August 26, 2013 to preserve advertising.
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
E. Advertisement- Orlando Sentinel - July 25, 2013
Public Hearings 503 PAGE 4 OF 4-August 12,2013
Attachment "A"
ORDINANCE NO. 2013-07
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS,FLORIDA,ANNEXING ONE(1)
PARCEL OF LAND COMPRISING APPROXIMATELY 4.51
GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN
SEMINOLE COUNTY, 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.
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.2013-07
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 , 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"
DCSCRIPTIDN AS FQLLOWS:
A o;rrifn.n �f i'r:e Sou!h ;/� �f `�:e 5outl�eost 7/4 ar" the Souf'r.•wesf ?/4 0� fhe rVvr��hw�st 1 j� of
5ecflor. 3, �ar�ns�;p 2? So,.'�,�7, �Gr1pr' 3l �cst lyfnc� ��Ie�t of Delean 5treet;40.00 feet r;yht--oi-wvy]
beirg rr,cre particu!ar.';� descri�ed as forro�•�S:
i�nmme�ce ❑t fF�e W�st 9/4 cc.rner af Ssc+r'on 3, Tawnship 21 5outh, Ra7ge 3� Easf, Semr'no'e
c;nunty, F�orida; 7hence rUn F��89'4'�15"E, ❑lang rhe ��st—V'Jest cer,ter sec,ion 1r'n.e ef sar'd Sectian 3,
06+�.33 feet to Poirf of $egirning berng or tF�e '�lest line o,` the SPU�{T 1/2 af fhe �OU�hL'GSt ?�� �f
the 5ouinwes'. )/4 of the �lart'r;Wesf �/4 af s�id 5ecticn 3; �hence rur� ,�'GG'�9'�I"lN, plong said �IJest
'i,�e, 3C9.35 feet; Thence ru^ N8°'40'28"E, 635.3C feet .o a porn: 5.0�' ul'es' of the VJest
rrgh�—of—wcy �ine of �efeon Streer(4Q.�7Q feet rig�f—of—way}; ;hence run SQQ'29'49"E, porplie� to a.^.d
S.00) feef Id�es`erfy vf sa+'d rr'ghr--�f—w�y I;ne, 3G9.4S FeA±; Thence ruR S89'�1''S"4�', n3�.?� feef fo tne
Porr�t o` BeSrrn;:rng. con[c+n;ng ]�6>]79 square fee; ❑r 4.5? �cres .mare or �ess.
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Attachment " B "
�SY���'1��''�-I .�41�1� .D�SC�'I�TIDIV�
NOT A BOUNDARY SURVEY
DPSGRIPTION AS FOLLOWS:
A portion of the South 1/2 of fhe Sautheast 9/4 of the Southwest 1/4 of the Northwest 1/4 of
Section 3, Tov✓nshrp 21 Socrth, Range 31 East /ying West of Deleon Street(40.00 feet right—of—way)
being more parficularly described as follows:
Commence at the West ?/4 corner of Section 3, Township 21 South, Range 31 East, Seminole
Cnunty, Florida; Thence run N89°41 '15"E, along the East—West center section line of said Section 3,
660.33 feet to Point of Beginning being on the West line of the South 1/2 of the Southeast 1/4 of
the Southwest 1/4 of the Northwest 1/4 of said Section 3; Thence run N00°29'27"W, along said West
iine, 309.35 feet; Thence run N89°40'28"E, 635.30 feet to a point 5.00' West of the West
right—of—way (ine of Deleon Street(40.00 feet right—of—way); Thence run S00°29'49"E, parallel to and
5.00 feet Wester(y of said right—of—way line, 309.49 feet; Thence run S89°41'P5"W, 635.33 feet to the
Point of Beginning. containinq 196,579 square feet or 4.51 acres more or less.
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o I P.O.B. 635.33' s.oa'
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(P.6.1, PAGE 31)
GRUSENMEYER — SCOTT �c AS`SOC., INC. — LAND S'�IRVEY��RS
LEGENG -� LEGENtl - S4OO E. COLONIAL DR. QRLANDO, FL. 32807 (407)-277-3232 FAX (407)-658-1436
P = PIAT R = wwws CERTfFICATE OF AUTHORIZATION - L8 4596
P = FIEID L m ARC LENGTH
I.P. = IRON PIPE D = OEITA NOTES:
I.R. = IRON R00 C = CHORD 1. THE UtJDERSlGNED DOES WEREBY CERTIFY TNAT T}i1S SKEfCH MEEI'S iNE MINiMUM 7ECHNlCAL
C.M. = CONCREfE MONUMEM 0.6. = CHORD BEARING STAND,4RD5 SET FORTH BY THE FLORIDA 80ARD OF PROFESSIONAL LAND SURVEYORS/N CNAPTER
SEf I.R. a 7�2" I.R. wJ�jlB 4596 P.O.L. = POIM ON LINE 5J-17 FLORIDA ADMINISTAA7IVE CODE.
REC. = RECOVERED �'• ° T"P��� 2. UNLESS EMBOSSED WRH SURVEYOR'S SFAL, TN15 SKEfCH IS NOT VqL(D AND IS PRESENTED FOR
P.0.8. = POINT OF BEGINNING P.R.C. = POINT Of REVERSE CUR4ANRE )NFORMATtONAI PURPOSES ONLY.
F.O.C. - POINT OF C0�IMENCEMEM P.C.C. = POIM OF COMPOUNO CURVATURE
� = CENTERLINE R4D. = RADIAL 3. THIS SKETCH WAS PR£PARED FROM T7TLE tNFORMATION FURNISHED TO THE SURVEYOR. TNERE
N&D = NqIL& DISK N.R. = NON-RADIA� MAY 8E OiHER RE57RICTIpNS OR EASEMEMS 7HAT AFFECT TH/S PROPERIY.
R/W = RIGHf-OF-WAY W.P. = WITNESS POINt 4. NO UNDERGROUND fMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN.
ESMT. = E0.5EMENT CAIC. = CALCUtATED
GRAIN. = DRNNAGE P.R.M. = PERMANENf REFERENCE MONUMENT �, '�ilS SKETCH tS PREPARED FOR THE SOLE BENEFlT OF THOSE CERTIFIED 70 AND SHOULD NOT BE
UTl(.. = U711_17Y F.F. = F�N15HED FLOOR ELEVATION 17EUE0 UPOIJ BY ANY OTHER£1JTln'.
CL.FG. = CHAIN LINK fENCE BS.L = BUILDWG SEfBACK UNE
WD.FC. - WpOD FENCE B.M. = BENCHMARK 6. DIMENSION5 SHOWN FOR THE lOCA170N OF IMPROVEMENTS HEREON SHOULD NOT BE USED 70
i;j5 = CONCREfE BLOCIC B.B. = BASE BFARING RECONSTRUCT 80UNDARY L1NE5.
p.C. m PO�NT OF CURVATURE CONC. = CONCREfE 7, BEARtNGS, tF SHOWN, ARE BASED fSS{tMED DATUM AND ON THE LfNE SHOWN AS BASE BEAR(NG B.B.
P.T. = POIN7 OF TANGENCY FlRM = FLOOD INSURANCE R4TE MAP � )
DESC. � DESCRIPTION I.D. = IQENT7FICATION 8. ELEVATlONS, !F SNOWN, ARE BASE� ON NGVD 1929, UNLESS 07HERWfSE N07Ep.
O.R. = OF}lCIAI RECORD5 COR = CO NER T 9. UNE&VSED ON SECTION BREAKDOWtJ BY OTHERS AS SHOWN !N BOUNDARY LINE AGREEMENT PER
ceRrrFieo er; r._.�e� O.R. 7555. PAGE 1331 FOR CITY OF WINTER SPRINGS
� R.L.S. # L�� � DATE ORDER #
__ ___- ---------
__- .....__ _ __ — -- ---
JAMES W. 5C�JTT; R.L.S # 4801 TOM X. GRUSENMEYER, R.I..S. # 4714 06-71-2013 3946-13
SCALE:
r° = 200' SKE7'CH AND DESCRIPfilON FOR�CERTIFIED TD: DEVELOPMENT�NC.
NOR7F1
Attachment " C "
. � - � �
CDUNTYMANAGER'S OFfICE �`����o�� �`���
J l_.�J
FLORIC3A'S NATUI�A€_CI-IOICE
April 23, 2013
Ke�in L. Smith, City Manager
City of Winter Springs
1126 East State Road 434
Winter S�rings, FL 32708
Subject: Proposed Annexation of Robbi Mermel Proper#y
Dear Mr. Smith:
T�ank you for notifying Semin�le County of the proposed annexation ofi the Robbi
Mermel Property. Today, I briefed the Baard of County Commissioners on the
proposec! annexation for the commissioner's infarmation and for fiheir feedback.
As you may knaw, the subject property os within the "Rural Area" as �stablished wi#hin
the County's Home Rule Cha�ter. Establ�shmer►t of the Rural Area was achierred
through a voter-appro�ed referendum in 2004. The County's Home R�le Charter ��sts
with the Board ofi County Commissioners fiinal autharity with regard to the assignment of
future land use designatior� within the Rural Area, regardless of whether or not such
lands are locafed witl�in a municipality. Furt�errr�ore, only the Board of County
Commissioners may remo�e [ands from the designated Rural Area.
The subject property is currentfy assigned a future land use designation af County
"Rural-3," alfowing a maximum residenfiial density of ane dwelling unit per three net
buildable �cres. Pursuant to the Seminole County Comprehensi�e Plan, `Rural-3" is the
most intense reside�tial density classificatian intended to accommodate rural residential
de�elopment. We understand that the purpose of the �ropased annexation is to
incorporate the subjecf property into a proposed residential subdivision or� adjacenfi
property, wi�hin the VlOinter Springs City limits, and autside the Rural Area. We further
Understar�d tha# t!?e residenteal density o�F t�� prop���d subdivisia�a v�r€!! �xc�ed one
dw�lfing unifi per three acres, and that �he anticipated uses to be located on the subject
sif� wifl include storrnwater facilities, a tot lot, and a potion of a res�d�n�ial lot.
Please be ad�is�d thafi, while SeminoEe County is not apPosed to dlVinter Springs'
annexation of the subjec� prope�ty, it does not appear that the praposed uses for the
subject si#e, as we unrl�rstand them, could be accammodafied within any of the future
land use designatior�s that ha�e been idenfifi�d as appropriate for, and consistent with,
the Rural Area.
21U� EAST�ERST STREET• SANFOR�FL 32 771-7 468 •TELEPHONE(407)665-7219• FAX{407)665-7458
W W W.SEMINOf�COUNTYFLGOV
April 23, 2013
Page 2 °
Proposed Annexation of Robf�i Mermel Property
Thank you for fihe opportunity to re�iew and comment or� this matter. If you ha�e any
questions, please cantact me by telephone at 407-665-72'[1, vr Nicole Guillet, AlCP,
Director, Economic and Community Development Services, at 407-685-7397, or email
at n uille� seminolecoun . ov.
incerely,
�
ames K. Hartmann, County Manager
Semi�ole County Go�ernment
JKH:tm
c: Seminole County Board of County Commissioners
Nicole Guiilet, AfCP, Director, Economic and Community Develapment Serveces
11Q1 EAST FIRST S7KEET • SANFDRD FL 32777-14b8 • TELEPHONE (4a7) 665-7219 • �AX (407) 665-7958
WWW.SEMI NO�ECOUNTYFL.GOV
Attachment " D "
CITY OF WINTER SPRINGS,FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING-MAY l,2013
PAGE 3 OF 10
No one addressed the Board.
Chairman Poe closed "Public Input".
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department—Planning Division
Requests That The Planning and Zoning Board Hold A Public Hearing To
Consider Ordinance 2013-07, Which Proposes To Annex One Parcel Totaling
Approximately 4.4 Acres, Generally Located On The Northwest Corner Of The
Intersection Of Deleon Street And Florida Avenue.
Mr. Bobby Howell, AICP, Planner, Community Development Department presented the
Agenda Item and said, "If you recall I believe in November of last year (2012), we had
Weaver and Toledo Rezoning and Future Land Use Amendment. That is what's
becoming Southern Oaks. It's a project that's being developed jointly in the City of
Oviedo and in the City of Winter Springs. So annexation of this parcel would allow for
the development of a stormwater pond which would service the whole development."
Continuing, Mr. Howell mentioned that the City of Winter Springs is working with
Seminole County on the proposed annexation; and that the County of Seminole has some
objections to a few of the proposed Uses on the property, but is not opposed to the
annexation. Mr. Howell added that meetings between Winter Springs, Seminole County
and the Applicant are ongoing to try to resolve some of the issues.
Mr. Howell pointed out that "The right-of-way of Florida Avenue is proposed for
vacation in Seminole County on June 11, (2013). The Board of County Commissioners
will be considering at their hearing on June 1 l, (2013). The Florida Avenue is currently a
platted right-of-way. There's no road developed on it so it's technically termed as a
paper right-of-way. Once this is vacated, the owner will get the right-of-way and then
they will petition to annex that Right of Way into the City. We won't be presenting this
item to the City Commission until such time that the Florida Avenue right-of-way has
been vacated to the County and that's some time after June 11, (2013)."
Concluding, Mr. Howell said, "Staff recommends approval and if you have any
questions, I will be happy to answer them."
Board Member Howard Casman asked, "Why are we going to approve this before we get
the County to approve what will be put on it?" Mr. Howell responded, "The Applicant
requested to have this hearing tonight and that's why we are here."
Board Member Suzanne Walker asked, "What were some of the objections to the Uses by
Seminole County - why were they objecting to those Uses?"
CITY OF WINTER SPRINGS,PLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING-MAY 1,2013
PAGE 4 OF 10
Mr. Howell replied, "The letter that they sent us was kind of vague. It did not explain
exactly why. It says that they are not objecting to the annexation but that some of the
Uses cannot be accommodated with the Future Land Use Designations that are on the
subject property as of right now which is the `R3', Rural 3 Designation."
Board Member Walker continued, "I would tend to agree that perhaps it would be better
if we waited for Seminole County to approve it (right-of-way vacation) because then it
would be more clear."
Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the Board and
explained, "The properties that are on the west side of Deleon Street North of (State
Road) 434, it is a priority for the City. We felt like it was important that those be in the
City of Winter Springs. So, even though this is a little ahead of where—we would like to
have all that complete information— we have an Applicant who owns the property who's
willing to annex it into the City and we felt it would be prudent to move that through the
process; even with some of those pieces of information incomplete."
Board Member Walker added, "In other words, the annexation is not really an issue nor
would the Uses be an issue; that the Uses can be decided at a later time?" Mr. Fields
responded, "Yes."
Board Member Phillips concurred with what Board Member Walker said.
Vice Chairman Henderson asked, "Is this annexation going to go before the City
Commission before you've got the vacated Florida Avenue? Mr. Howell pointed out,
"No, Sir. I believe what they will do is they will incorporate when you vacate right-of-
way, half goes to one (1) side — half would go here and half would go here. The same
property owner owns all of this so what they will do is they will create a legal description
that includes the Florida Avenue right-of-way."
Vice Chairman Henderson continued, "Are you going to have to come back to us with
that or are we at this time going to approve that?" Mr. Howell stated, "It is my
understanding from the City Attorney that we would just be voting on what is on the
property tonight." Vice Chairman Henderson then asked if this will come back before
going to City Commission again. Mr. Howell responded, "That could be a potential."
With Discussion on possible Uses being approved or not, Mr. Fields explained, "Let me
separate it into two (2) components. One is annexing the land being within the City of
Winter Springs City Limits, step one (1). Then, step two (2) is we have a Developer that
wants to use it for a certain purpose. We think it's going to be a stormwater pond. There
may be some objection to that but— even if that—held up the process, or there was some
dispute over that Use, it's still beneficial to bring that property into our City limits due to
—its geography to this area."
CITY OF WINTER SPRiNGS,FLORIDA
MINUTES
PLANN[NG AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING-MAY 1,2013
PAGE 5 OF 10
Board Member Casman said, "So what we are essentially doing is just voting for the
annexation tonight?" Mr. Fields answered, "Yes."
Chairman Poe continued and stated, "We are drawing the line between us (City of Winter
Springs) and Oviedo at the Deleon— at that particular location. We have said we are not
going to go into their area; they're not going to go into ours. But some of those pieces of
property do belong to the County. The County does have final decision with regard to —
we have a purpose for it, they may have a different purpose for it. But what we are
discussing tonight is nothing more than annexing it into the City of Winter Springs. Is
that correct?"
Mr. Howell replied, "Yes, that is correct. You're voting on the annexation of the
property. The right-of-way vacation and the Use. The objection letter that the County
imposed for some of the Uses on the property is a separate issue all together."
Chairman Poe stated, "The Chair will entertain a Motion with regard to Item `500'."
"MOTION TO APPROVE." MOTION BY VICE CHAIRMAN HENDERSON.
SECONDED BY BOARD MEMBER WALKER. DISCUSSION.
Chairman Poe opened "Public Input".
No one spoke.
Chairman Poe closed "Public Input".
VOTE:
BOARD MEMBER CASMAN: AYE
'BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER WALKER: AYE
CHAIRMAN POE: AYE
VICE CHAIRMAN HENDERSON: AYE
MOTION CARRIED.
PLIBLIC HEARINGS
501. Community Development Department—Planning Division
Requests The Planning And Zoning Board Hold A Public Hearing For The
Approval Of The Final Engineering Plans for RaceTrac Convenience Store And
Gas Station, Located South Of The Intersection Of US 17-92 and SR 419.
Mr. Howell began with his comments on this Agenda Item.
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