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HomeMy WebLinkAbout1997 03 24 Regular Item I ADD-ON COMMISSION AGENDA ITEM I REGULAR X CONSENT INFORMATIONAL March 24, 1997 Meeting MGR/JJi"1.rIDEP~ Authorization REQUEST: Community Development Department requests the City Commission to approve the first reading for adoption of Ordinance No. 654, to annex a 9.58 acre parcel located on the southside of State Road 434 approximately 2,500 feet east of U.S. 17/92. PURPOSE: The purpose of this Board Item is to request the Commission to approve the first reading for adoption of Ordinance No. 654 to annex a 9.58 acre parcel that would be developed into a Winn-Dixie Grocery Store. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 171.044(1) Florida Statutes which states "The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of a said municipality that said property be annexed to the municipality." The provisions of 171.044 F.S. which states "Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property." The City has expressed an interest in annexation in the past, (ref 8-14-95 City Commission meeting). , MARCH 24, 1997 ADD-ON AGENDA ITEM I Page 2 CONSIDERATIONS: 1. The Staff Report on the annexation request by Lake Irene Investors was sent to the Planning and Zoning Board/Local Planning Agency and the Findings and staff recommendation in the Staff Report were read at the meeting. 2. The Planning & Zoning Board/Local Planning Agency voted to table the request for annexation based on the motion passed (4 aye; 1 nay): "The petitioner to the city appear in front of this board so that some of the findings and questions that we do have I think most are minor and as the chair stated I think there is a few things to be cleared up in our minds and we could go forward with it, and that is my motion that he would appear before us, give us a courtesy." [Chairman added]: "That it be tabled pending a personal appearance ofa representative for whatever Lake Irene Investors is: a limited partnership; a ficticious name; general partnership or whatever." FINDINGS: 1. The applicant states the intention is to develop the parcel as a Winn-Dixie Grocery Store. 2. The proposed land use is compatible with the commercial nature of S.R. 434. 3. The parcels are indicated as "Commercial" on the county's Future Land Use Map (Fig. 2.0.1 Seminole County 1991 Comprehensive Plan Future Land Use Map Series - 2010). 4. The adjacent parcels on the north side S.R. 434 and to the west on the south side of S.R. 434 in the City are indicated as "Commercial" on the Future Land Use Map. 5. The adjacent parcels on the north in the City are indicated as C-1 "Neighborhood Commercial" and to the west on the south side of S.R. 434 in the City are indicated as C-2 "General Commercial and Industrial District" on the City's Official Zoning Map. MARCH 24, 1997 ADD-ON AGENDA ITEM I Page 3 6. The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the State to eliminate enclaves [ref. 171.046(1) F.S.]. 7. The City has expressed an interest in annexation in the past (ref. 8-14-95 City Commission meeting). STAFF RECOMMENDATION TO THE PLANNNlNG & ZONING BOARD/LOcAL PLANNING AGENCY: Staff recommends the Planning & Zoning Board/Local Planning Agency recommend approval to the City Commission the annexation of the 9.58 acre parcel into the City, based on the findings indicated above. RECOMMENDATION TO THE CITY COMMISSION: Staff recommends the City Commission approve the first reading of Ordinance # 654 based on: 1. The findings indicated above; 2. Previous expressions of interest by the City for annexation; 3. That it is consistent with the state policy of the Florida Legislature that. "The Legislature recognizes that enclaves can create significant problems in planning. growth management, and service delivery, and therefore declares that it is the policy of the state to eliminate enclaves. "; 4. The City has the capacity to service the property with sewer and water, as well as provide the other urban services it currently provides to other areas of the City. IMPLEMENTATION SCHEDULE: The City Commission would hold a second reading on April 14, 1997 and adopt Ordinance 654 to annex the 9.58 acre parcel. The ordinance for annexation immediately takes effect upon adoption. MARCH 24, 1997 ADD-ON AGENDA ITEM I Page 4 ATTACHMENTS: 1. Area map of annexation parcel and Parcel Boundary Map. 2. Staff Report to P & Z BoardlLP A. 3. Ordinance No. 654. COMMISSION ACTION: :- i I I i I I I I I O:'I~IlW'.~.. a....:c ..""1"0(.., '001'\.(, STATE ROAD 434 Ii) \. -T' ~ "_...:' ...._.V_l!i;'\ .J..' . - -.----..- - --- ---- --- - - - ---- - __.___.__ ____ ___0_____- S ~'3/ /2;' E 1.0,/4'_ S S9'n'J.r E \.S B!r"7':JZ- E 3'Z.~O' (!:'7;J' 11 ~[~. : 3. ~ .~ I . '1' ~ J NDJLdllK LANE . ;r-l/- , /' , , / ' ,/ " 'u "' \ \ s~ 3; FFP,:P'f: COJl.lfE.,"C!AL ..!J'.-::'.~' !; :'J \ .-" jQ. :'-f'''' .,," J~ '-t I.i ~H~ :II~ j::g HI>- S B!r-l7'J:r E . 6.00' //:.~' ~ J:~ S89'n'J:rE " .,..,' ~ ~ - IB.OO' , . ~..!Ji"I- .--.-.--....-- '--.------- lYfNN DfXIE ~ , . '-.I, . "'. '"'... ~'" "'" ~~ ~ll. " :'1 . SUNSHADQW APARTMENTS .~. t ~ L UU'lv.Gt.OWVtCo r1.l0cC-' U)urul...&Xl ..~#:.UU). L ............ ....&NI Dttasrn IVTV.... ocvu.o,.. UfT A&&A ....oo.u .l1..II..4DLI TOT.u.am.u.u.. lLI'AOU ). .UIUl....Q ............f\,,""" OWl SIT'I OfC\.o. ...."'"DWIt ..u.,. COlLI U''''''I&OIII UU an...u...... aaAu... 'I.NU-~' _u.......".".:.... ~g:::-.. .;.~~. '.' rMn" IO.ll"lU') TOT...L 1I11lU1001C....I.LoU auJUJG'lC...............rrn DtI'.uI>>OHI. .. PAuv.CrWVIIII DCUI: IITI OICL'nI A.. "UMaUO'''ACULt.QUtaLDrUarr . o,cun.uuaYCOOc.,AT.I',.,.Q.:SA.-U .. IIU"IUO,P4CQaLquu..mlonu ar.u.&lOfll . UIUACQ - u""'" ...1J..WJ:U (..,u.C'U C. ,.U.MIOG,S'4CUP1lOYlDCDo 'f' ar....cuQl(...irT'l. 1J"IIAtIOlc\"IUCQOII-IIT& . nn.lLllU.,U 0' ',.leu l'aQ'l'UUI 0...4~ D ,.m.'UG'lrll'~.~~,!lDC1I CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development P & Z BOARD / LOCAL PLANNING AGENCY REGULAR AGENDA ITEM: B. LAKE IRENE INVESTORS ANNEXATION (ANX-3-97) STAFF REPORT: APPLICABLE LAW AND PUBLIC POLICY: The provisions of 171.044(1) Florida Statutes which states "The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of a said municipality that said property be annexed to the municipality." The Legislature recognizes that enclaves can create significant problems in planning, o. ' growth management, and service delivery, and therefore declares that it is the policy of the State to eliminate enclaves [ref. 171. 046( 1) F. S.]. Sec. 20-57 of the city Code which states in part "The planning and zonmg board. . . .to act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning." The City has expressed an interest in annexation in the past (ref. 8-14-95 City Commission meeting). 1. BACKGROUNQ: APPLICANT: Ken Leffler 1400 Windsor Ave. Longwood. FL 32750 (407) 322-2322 OWNER: .~ . Lake Irene Investors, Inc. 1400 Windsor Ave.. Longwood, FL 32750 (407) 322-2322 REQUEST: Annexation of9.58 acres into the City. PURPOSE: Applicant wants the 9.58 acre parcel annexed into the City to develop it as a Winn-Dixie Grocery Store. PROPERTY: Location: Spans approximately 1,000 to 2,100 feet east on U.S. 17/92 on the south side of State Itoad 434 ,- Legal Description: From the intersection of the Southerly right-of-way line of S.R. 434 with the easterly line of Lot 58, Block "D", D.R. Mitchell's survey of the Levy Grant on , Lake Jessup, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, . Florida, said point also being the northwest corner of the Cononades First Section, as . recorded in Plat Book 15, Pages 79-80, Public Records of Seminole county, FI.orida, thence S07 43'38"E, along the easterly line of said Lot 58, a distance of 790.49 feet; thenceN8 89 47'33"W, a distance of 100.97 feet, for a APPOINT OF BEGINNING; thence run N07 43138"W parallel with said easterly line, a distance of337.35 feet, to the point of curvature of a curve, concave southwesterly, having a central angle of 54 27'08" and a radius of 162.5 feet; thence run northwesterly along the arc of said curve, a distance of 154.44 feet, to a point of tangency; thence run N 62 10'46"W, a distance of231.42 feet, to the point of curvature of a curve, concave northeasterly, having a central angle of 58 37'40" and a radius of225 feet; thence run northwesterly along at the arc of said curve, a distance of230.23 feet. to the point of reverse curvature ofa curve, concave southwesterly, having a central angle of86 14'27" and a radius of25 feet; thence run northwesterly along the arc of said curve, a distance of37.63 feet to the point of tangency; thence run N89 47'33" Wa distance of 165.00 feet; thence run N86 31119"W a distance of 50.14 feet; thence run SOO 12'27"W a distance of609.68 feet; thence run N89 47'33" Wa distance of6.00 feet, thence run SOO 12'27" Wa distance of37.00 feet; thence run N89 47'33" W a distance of 18.00 feet, thence run SOO 12'27" E a distance of 127.00 feet, thence run 889 47'33"E a distance of730.46 feet to the POINT OF BEGINNING, containing 9.58 acres more or less. ACREAGE: 9.58 acres (Winn-Dixie site) PARCEL NUMBER: 2620305AROD00016B EXISTING LAND USE OF SUBJECT PROPERTY: Vacant, planted long-needle pine over the parcel. CHRONOLOGY OF SUBJECT PROPERTY: FUNDING: FINDINGS: None with respect to the City of Winter Springs. Parcel is in the county enclave surrounded by the cities of Winter Springs, Longwood and Casselberry. No monies from the City are required. . The applicant states the intention is to develop the parcel as a Wmn-Dixie Grocery Store. . The proposed land use is compatible with the commercial nature of S.R. 434. . . . The parcels are indicated as "Commercial" on the countY's Future Land Use Map (Fig. 2.0.1 Siminole county 1991 Comprehensive Plan Future Land Use Map Series -2010). . The adjacent parcels on the north side S.R. 434 and to the west on the south side of S.R. 434 in the City are indicated as "Commercial" on the Future Land Use Map., * The adjacent parcels on the north in the City are indicated as C-l ''Neighborhood Commercial" and to the west on the south side of S.R. 434 in the City are indicated as C-2 "General Commercial and Industrial District" on the City's Official Zoning Map. . The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the State to eliminate enclaves [ref 171.046(1) F.S.]. .cake 9rene 9nvestors March 14, ] 997 Mr. Tom Grimrns Comprehensive Planning Coordinator City of Winter Springs ' 1126 East State Road 434 \Vinter Springs, Florida 32708 Dear Mr. Gri mms: The six owners of the 9.58-acre parcel, located 0.0 the south side of State Road 434 near the westerly corporate limits oftbe City of Winter Springs, have requested that I advise you of their intention to voluntarily petition the City of Wimer Springs for annexation of this parcel. The owners, known C\mong themselves as the Lake Irene Investors, have contracted to sell this parcel for development of a new \Vinn-Dixie store. Hopefully your received a copy of the initial site plan and legal descriprion which were delivered to your attention at the Winter Springs City Hall today. We anticipate that the petition will be made in the names of one or more of the owners whose names Clnd addresses I shall provide when we meet to fOffilally initiate the petition. If there are any questions which r may answer prior to that time, please call me. Yours v~rY tr ~, I=k(ftJ '0~f er 1400 Windsor Avenue. Longwood. Florida 32750-<i8:30 · (407) 33J -:5515 . I'dX (4<)7) 331-:3411 ~ * The City has expressed an interest in annexation in the past (ref. 8-14-95 City Commission meeting). II. STAFF RECO:M:MENDATION: Staff recommends the Planning & Zoning Board/Local Planning Agency recommend approval to the City Commission the annexation of the 9.58 acre parcel into the City, based on the findings indicated above. ATTACHMENTS: 1. Letter from Lake Irene Investors, Inc. to Thomas Grimms. 2. "Sketch and Description for the Winn-Dixie Marketplace. 3. Aerial View with property boundary superimposed of the Lake Irene Investors..