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HomeMy WebLinkAbout2013 09 09 Public Hearing 503 Ordinance 2013-07 Second Reading - Mermel Annexation COMMISSION AGENDA Informational Consent ITEM 503 Public Hearin s X g Regular September 09, 2013 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a public hearing for second reading and final approval 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. 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. 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-September 09,2013 . 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 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-September 09,2013 xistin Land Uses onin uture Land Use Subject xisting single-family Seminole Seminole County R3 Property esidence ounty 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 development) East lack Hammock-Rural Seminole Seminole County R3 esidentialland oun 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 was removed from the Seminole County Rural Boundary by the Board of County Commissioners on August 27, 2013. A future land use amendment and rezoning of the property to a City of Winter Springs future land use and zoning designation will be presented to the City Commission in the near future. The property is the subject of a tri- party agreement that was approved by the City Commission on August 26, 2013 and the County Commission on August 27, 2013. This agreement limits the uses that can be placed on the subj ect parcel. 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. 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. Public Hearings 503 PAGE 3 OF 4-September 09,2013 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 second 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. ATTACHMENTS: A. Ordinance 2013-07 B. Sketch and description C. Minutes, May 1, 2013 Planning & Zoning Board meeting D. Advertisement- Orlando Sentinel, July 18, 2013 Public Hearings 503 PAGE 4 OF 4-September 09,2013 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. � o o _. � _. � o .. - ... caESS auri 0 � r o �� � � ... o _. ■— Subject Propert�► F FLORIDAAVE O STARLIGHT CT w ������ ❑ � � _ �5 � N � . -•• �,W �F ��� YYSR43A y� � � � G �f7,r`� — .� Attachment " B " ,Sy���'1��`�I .�41�1� I��,S'�`�I�'TIDIV� NOT A BOUNDARY SURVE�' DPSGRIPTION AS FOLLOWS: A portion of the South 1/2 of fhe Sautheast 9/4 of the Southwes# 1/4 of the Northwest 1/4 of Section 3, Tov✓nship 21 South, Range 31 East lying West of Deleon Street(40.00 feet right—of—way) being more particularly described as follows: Commence at the West ?/4 corner of Section 3, lownship 2? 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 tc� Point of Beginning being on the West (ine of the South 1/2 of the Southeast 1/4 of tMe Southwest 1/4 of the Northwest 1/4 of said Section 3; Thence run N00°29'27"W, along said West iine, 3Q9.35 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 {eet right—of—way); Thence run 5Q0°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 f�et o+- 4.51 acres more or less. � ro� �� NOT PLATTED � -rc N 89°40'28" E `"� � 635.30' _. � SEE NOTE#9 � � o b � � SOUTH 1/2, SOUTHEAST 1/4, � \ r" �,� n SOUfHWEST f/4, NORTHtNEST 1/4 � � � � � '"'--� SECTION 3-1"21 S-R31 E d NOT PLATTED � � \ CO � ;o � � t�j WEST LINF, SOtITH 1/2, SOUTNEAST ?/4, "A ,p � � P.D.C. - '� SOUTHWEST f/4, NORTHWEST 1/4 � � � � RLC 4'x4"CM ' SECTION 3-T21S-R37E m WES7 1/4 CORNER E"A5T--WEST CENTER SECTfON LINE � y �' �7 �' SECTION 3-T21 S-R37 E SECTtON 3-T21 S-R31 E " �J �� o I P.O,B, S 89°49 ' 15 W s.oa' z 1:- N 89'41"75'" E 660.33' � 635.33� � FLORIDA AVE(P.8,1,PG.31 FLORlpA AVE(P,6,1,PG.31) m � zs.00' tor zo 25.0°� (P.6.1, PAGE 31) GRUSENMEYER — SCOTT �c ASSOC., INC. — LAND SURVEY�C�RS i.FC�r�r, -� ��c�Hn - 54Q0 E. CQLQN1Al DR. QRI.,ANpO, FL.. 32807 (407)-277-3232 FAX (407)-658-7436 P = PIAT R = Raows CERTfFICATE OF AUTHORIZATION — LB 4596 P = FIEtD L m ARC LENG7H I.P. = 1RON PIPE D = pEL.TA NOT£S: I.R. = 1RON R00 C = CHORD 1. TtiE UNDERSlGNED DOES WEREBY CERTIFY TNAT T}i1S SKEfCN MEEI"S TNE MINiMUM 7ECHNlCAL C.M. = CONCREfE MONUMENT 0.6. = CHORD BEARING STAND,4RD5 SET FORTH BY TH£ FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS /N CNAP7ER SEf I.R. a ��z" I,R. wJ�jlB 4596 P.O.L. = POIM ON LINE 5J-17 FLORIDA AOMlN1STRA7IVE CODE. REC. = RECOVERED �'• ° T"P��� 2. UNLESS EA�}BOSSED WRH SURVEYOR'S SEAL, TN15 SKEfCH IS NOT VqL(D AND IS PRESENIE'p FOR P.0.8. = POINT OF BEGINNING P.R.C. = POINT OP REVERSE CURVANRE )NFORMATtONAI PURPOSES ONLY. F.O.C. -� POINT OF COiAMENCEMEM P.C.C. = POIM OF COMPOUNO CURVATURE � = CENTERLINE RAD. = RADIAL 3. THIS SKETCH WAS PR£PARED FROM T7TLE WFORMAT70N FURNISNED TO THE SURVEYOR. TNERE N&D = NqIL& DISK N.R. � NON-RADIAL MAY 8E OTHER RESfRICTIpNS OR EASEl4fENTS 7kA7'AFFECT THIS PROPERIY. R/W = RIGHT-OF-WAY W.P. = WITNESS POIM 4. NO UNDERGROUND fMPROYEMENTS HAVE BEEN LOCATED UNLESS OTHERWfSE SHOWN. ESAfT. = E0.5EMENT CAIC. = CALCUtATED GRAIN. = DRWNAGE P.R.M. = PERMANENf REFERENCE MONUMENT �, '�-IIS SK£TCH tS PREPARED FOR THE SOLE BENEFlT OF THOSE CERTIFIED 70 AND SHOULD NOT BE UTl(.. = U71�17Y F.F. = F�N15HED FLOOR ELEVATION 17EUE'D UPOIJ BY ANY QTHER ENTl7Y. CL.FG. = CHAIN LINK fENCE B.S.L = BUILDWG SETBACK UN£ WD.PC. - WppD fENGE B.M. = BENCHMARK 6. OIMENS10N5 SHOWN FOR THE lOCA1TOM OF IMPftOVEMENTS HEftEON SHOULD NOT BE USED 70 i;j5 = CONCREfE BLOCI< B.B. = BASE BFARING RECONSTRUCT 80UNDARY L1NE5. p.C. m 1'O�NT OF CUFNATURE CONC. = CONCREfE 7, BEARtNGS, tF SHOWN, ARE BASED ASSUMED DATUM AND ON THE LfNE SHOWN AS BASE BEAR(NG (B.B.) P.T. = AOIN7 OF TANGENCY FlRM = FLOOD INSURhNCE R4TE MqP DESQ � DESCRI?TION I.D. = IQENT7FICATION 8. ELEVATlONS, !F SNOtNN, ARE BASE� ON NGVD 1929, UNLESS OFHERWfSE NOTEp. O.R. = OFFICIAI RECORD5 COR = CORNER�T �\ 9. UfJE&VSED ON SECTION BREAKDOWN BY OTHERS AS SHOWN !N BOUNDARY LINE AGR£EMENT PER CERTlFIED BYi �-�4e / O.R. 7555. PAGE 1331 FOR CITY OF WIMER SPRINGS � R.L.S. # L�� � DATE ORDER # _ ___- --- --- ___- .....__ _ __ — ------ JAM�S W. 5C�TT; R.L.S # 480f TOM X. GRUSENMEYER, R.I..S. # 4714 06-71-2013 3946-13 SCAI.E: r° = 200' SKE7"CH AND DESCRIPfiION FOR�CERTIFIED TD: DEVELOPMENlT lNC. NOR7Fi Attachment " C " 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. :. .�.' r .i \ �.a -ur- �. �, � �' �;:, � �� � Attachment �� D �� ��� X ����� � �.�����+� �� � � � ,. �� � � � r�- �, �-., �..� C,.�- -�.a, �-. .� z �� �.: -,.s�i4^^...� ' E .'�+�+`` ��''*,��,�'�,^.'�r��. ��.�'--�„�..'" 1� �' � � �ti���@'S�C�Fk����E1��11�'�E;� � ~�r��.����� ����������C���, � , ..�. �� �-� �"VLFI,,.,��h. .-" 'y \ y'. l.\ � 1 � '\ '�C � � . � - C ti ";. � .�.. 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