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HomeMy WebLinkAbout2014 02 19 Public Hearing 501 Ordinance 2014-03LOCAL PLANNING AGENCY AGENDA ITEM 501 February 19, 2014 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 2014-03, which proposes to annex one parcel totaling approximately 3.08 acres, generally located north of State Road 434, 1,000 feet west of State Road 419. SYNOPSIS: An application has been received by the Community Development Department which requests voluntary annexation of one parcel totaling approximately 3.08 acres in size generally located north of State Road 434, 1,000 feet west of State Road 419. The requested annexation is for future office development 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 a 3.08 acre parcel that is generally located north of State Road 434, 1,000 feet west of State Road 419. The requested annexation is for future office development at said location. The surrounding area is generally characterized by commercial uses in Seminole County and the City of Winter Springs. February 19, 2014 Planning & Zoning Board, Item 501 Page 2 of 3 Subject Properties Existing Land Uses Vacant Zoning Seminole County Agriculture (A-1) Future Land Use Seminole County "Suburban Estate (SE)" North Vacant Seminole County Seminole County Agriculture (A-1) "Suburban Estate ............................................................................................................................................................................................................................................................................................................._ (SE)"....................................................................................... South Vacant City of Winter City of Winter Springs Springs Commercial Neighborhood ............................................................................................................................................................................................... Commercial (C-1) ..................................................................................................................................................................................................................................... East Commercial City of Winter City of Winter Springs Springs Commercial Neighborhood .............................................................................................................................................................................................. Commercial (C-1) ...................................................................................................................................................................................................... West Commercial City of Winter City of Winter Springs Springs Commercial & Neighborhood Medium Density Commercial (C-1) Residential Single -Family Dwelling District (R-C 1) 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 adjacent to city commercial parcels both to the west, east, and south. The City has capacity to provide this parcel with the same urban services provided to other areas of the City. County water and sewer service are available to the property. The subject properties are 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 "Commercial" and the request for Rezoning to City of Winter Springs C-1 (Neighborhood Commercial) 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. February 19, 2014 Planning & Zoning Board, Item 501 Page 3 of 3 FISCAL IMPACT: The voluntary annexation of the property is for future office development at said location. The surrounding area is generally characterized by commercial uses in Seminole County and 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 performed once the development details are known. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staff. Additionally, the Meeting Agenda has been sent to media/press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. Adj acent 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 10, 2014. 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 2014-03, which proposes annexation for one (1) parcel totaling approximately 3.08 acres, generally located north of State Road 434, 1,000 feet west of State Road 419. EXHIBITS: A. Location Map B. Ordinance 2014-03 C. Advertisement, Orlando Sentinel — February 9, 2014 EXHIBIT ••A " r A � R -.p � -ice ! .9: `k' $4� •-:J SUBJECT PROPERTY .- 1 eU.k u8, EXHIBIT "B" ORDINANCE NO.2014-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF LAND COMPRISING APPROXIMATELY 3.08 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED ON THE NORTH SIDE OF STATE ROAD 434, 1,000 FEET WEST OF THE INTERSECTION OF STATE ROAD 434 AND STATE ROAD 419, 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. 2014-03 Page 1 of 3 Section 1. Annexation of Real Property. The area of real property, which is more particularly described in the metes and bounds legal description and map attached hereto as Exhibit "A," is hereby annexed into the City of Winter Springs by the City Commission. Exhibit "A" is hereby fully incorporated herein by this reference. Section 2. City Boundaries Redefined; Winter Springs Charter Amended. Pursuant to section 166.031(3), Florida Statutes, and section 171.091, Florida Statutes, the City of Winter Springs Charter, Article II, Section 2.01, shall hereby be amended to redefine the corporate boundaries of the City of Winter Springs to include the area of real property described in Section 1 of this Ordinance. The City Clerk shall file the revised Winter Springs Charter, Article II, Section 2.01, with the Department of State within thirty (30) days upon said approval and shall provide a copy to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. The City Clerk shall also file this Ordinance with the Clerk of the Circuit Court of Seminole County, the Chief Administrator of Seminole County, and the Department of State within seven (7) days of the effective date. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 24th day of March, 2014. ATTEST: Andrea Lorenzo-Luaces, City Clerk Charles Lacey, Mayor City of Winter Springs Ordinance No. 2014-03 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: March 10, 2014 March 24, 2014 March 24, 2014 City of Winter Springs Ordinance No. 2014-03 Page 3 of 3 DESCRIPTION: THE EAST 112 OF LOT 42, ENTZMINGER FARMS ADDITION OF THE y e*5, LOT PAGE 9, No.2, AS RECORDED IN PLAT BOOK 5, FLORIDA. . PUBLIC RECORDS OF SEMINOLE COUNTY 580 (F') z90,00'(0) FE x CONTA/.VFj 3. b S .4G,C'ES �IO,eE ae G cSS. x69.84� (Mi x � -- 5 OF OITCH RLtLt 2 (P) g 29D.00' b)p o d � U! CORNER FENCE & 0.7'S•o 0 1.1'W OF IRON PIPE xzf O n o d FENCE a N X 6' CHIAN UNK PENCE ? � � d' ._.. Z w U � � d CA O W OF LOT 42 FAST 1�2 fN0 of to OI7Cl,, o `N O pRCN I.3 23.2' N Cg RESIDENCE (Nu ROOF) m x 22.5 37.0 `N71.2 26.6 N a p o CEi BARN ,n.a (TIN ROOF) N a o cJi � q o w m O r 0 n \ 7:0 .---t 3 41 � V fn N SET `/ So06 N\ EXHIBIT "All CURB �581M1 0 C P 56629 ;r, / SET NAIL AVID DISC LS 5006� RpP O:c-26A�o) LEGEND. CENTERLINE Ip IRON PIPE (P) PLAT (M) MEASURED IOF R/W RIGHT WAY HE/Vf?/CH—L UKE .5WAGGEf?Ty' , LLC surveyors dF mappers 250 Ronald Reagan Blvd. Suite 114 AdQtN Longwood, FL 32750 (407) 647-7346 FAX (407) 547-8097 Licensed Business No. 7276 M t� t 0 J S. Uo. SURVEY REPORT: �• 1. This survey does not reflect or determine ownership 2. Title data has not been furnished to this surveyor unless otherwise noted. 3. Underground improvements or underground foundations have not been located except as noted on survey mop. 4. According the Federal Insurance DatedR to Map, this property lies in Zone(s) Mapnumber "X BOUNDARY SURVEY FO ONEBRIDGE CONSTRUCTION C A;� Professional Surveyor and Mapper Florida Registration No. 5006 SECTION 35, TOWNSHIP 20 S., RANGE 30 E. Not valid without the signature and rc8r-30 �05 0BE _2250 TT c"ZITLL ` the original raised seal of o Floritla " -- Ilaensed surveyor and mapper" c 1'=50' BTWRM_