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Home My WebLink About1997 08 11 Regular Item B COMMISSION AGENDA ITEM B REGULAR X CONSENT INFORMATIONAL August 11. 1997 Meeting REQUEST: The Community Development Department requests the City Commission hold a public hearing to approve the second reading and adoption of Ordinance No. 667, to annex a 1.37 acre parcel located approximately 160 feet east of Wade Street, on the north side of State Road 434. PURPOSE: The purpose of this Board Item is to request the Commission to approve the second reading and adoption of Ordinance No. 667 to annex a 1. 3 7 acre parcel. 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). AUGUST 11, 1997 AGENDAITEM B Page 2 CONSIDERATIONS: 1. The Staff Report on the annexation request by Florence Pitzer was sent to the Planning and Zoning BoardlLocal Planning Agency which included the findings and staff recommendation.. 2. The Planning & Zoning BoardlLocal Planning Agency voted on July 2, 1997 to recommend approval of the request for annexation. 3. The City Commission approved the first reading of Ordinance 667 for the annexation of the 1.37 acre Pitzer property. FINDINGS: 1. The proposed land use is compatible with the commercial nature of S.R. 434. 2. The adjacent parcel on the west (at the corner) is "Commercial" and on Wade Street is "Moderate Density Residential" on the City's Official Future Land Use Map. Nearby parcels in the City on the north and south side of S.R. 434 are designated "Commercial" also. The remainder portion of the county enclave is designated" Agricultural". 3. The adjacent parcel to the west (at the corner) is indicated as C-2 "General Commercial and Industrial" and on Wade Street is R-U "Rural-Urban" on the City's Official Zoning Map. 4. 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.]. 5. The City has expressed an interest in annexation in the past (ref. 8-14-95 City Commission meeting). AUGUST 11,1997 AGENDA ITEM B Page 3 STAFF RECOMMENDATION TO THE PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY: Staff recommends the Planning & Zoning Board/Local Planning Agency recommend approval to the City Commission the annexation of the 1.37 acre parcel into the City, based on the findings indicated below: 1. The proposed land use is compatible with the commercial nature of S.R. 434. 2. The adjacent parcel on the west (at the corner) is "Commercial" and on Wade Street is "Moderate Density Residential" on the City's Official Future Land Use Map. Nearby parcels in the City on the north and south side of S.R. 434 are designated "Commercial" also. The remainder portion of the county enclave is designated" Agricultural". 3. The adjacent parcel to the west (at the corner) is indicated as C-2 "General Commercial and Industrial" and on Wade Street is R-U "Rural-Urban" on the City's Official Zoning Map. 4. 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.]. 5. The City has expressed an interest in annexation in the past (ref. 8-14-95 City Commission meeting). PLANNING AND ZONING BOARDfLOCAL PLANNING AGENCY RECOMMENDA TION TO THE CITY COMMISSION: Recommend the approval to the City Commission for the annexation of the 1.37 acre Pitzer property. AUGUST 11, 1997 AGENDA ITEM Page 4 RECOMMENDA TION TO THE CITY COMMISSION: Staff recommends the City Commission adopt Ordinance 667 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 delive,y, 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. 5. The recommendation of the Planning and Zoning BoardlLocal Planning Agency. IMPLEl\1ENTA TION SCHEDULE: The City Commission would hold a second reading on August 11, 1997 and adopt Ordinance 667 to annex the 1.37 acre parcel. The ordinance for annexation immediately takes effect upon adoption. ATTACHMENTS: 1. Aerial map of annexation parcel and Parcel Boundary Map. 2. Staff Report to P & Z BoardfLP A. 3. Ordinance No. 667 COMMISSION ACTION: ,'-.- , PITZER PROPERTY \ I ~. ( ;.l MPANY r- - - - -5 ~[M[NT -- ~ 9 10 II 12 ~.:..,::. .~-....,.:~~.:;: ~.:;';:';".: :-:'2-.:;' :;..;. ~:-.~~: .... ..0::- :f~i ze EB ~2.0 i .~_.,/ CQR;L I ( 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 ITElVI: ,', . , .;~,:;) ....; ". ... I; '-. "'I J . . ".. . " " II. A. PITZER ANNEXA DON (ANX-4-97) 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, 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 zoning 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). L BACKGROUND: APPLICANT: Florence Pitzer 710 East State Road 434 Winter Springs, FL 32708 (407) 327-1738 ( OWNER: Florence Pitzer 710 East State Road 434 Winter Springs, FL 32708 REQUEST: Annexation of 1.37 acre parcel (part of county enclave) into the City. I..... \ ;. PURPOSE: Applicant wants the 1.37 acre parcel annexed into the City to develop it as a commercial business utilizing City water and sewer. PROPERTY: Location: Approximately 160 feet east of Wade Street, on the north side of State Road 434. Legal Description: East Y2 of West Y2 (less north 75' and Highway 434 Right-of-Way) of lot 42 of Entzminger Farms addition # 2 as recorded in Plat Book 5, Page 1, Public Records of Seminole County. t ACREAGE: 1.3 T acres PARCEL NUMBER: 34-20-30-5A W0000042A EXISTING LAND USE OF SUBJECT PROPERTY: Residential unit and two accessory structures (sheds); wooded area to the rear. CHRONOLOGY OF SUBJECT PROPERTY: . . i ,_J Parcel was part of Lot 11 in Block C ofD.R. Mitchell's Survey of the Levy Grant on Lake Jessup, Orange County surveyed 1874. Parcel was part oflarge area split from Orange County that became Seminole County. Parcel was included in the "planning area" for future annexation as indicated on page 70 of the City's Comprehensive Plan adopted by Ordinance 158 on September 26, 1977. ( . FUNDING: No monies from the City are required. FINDINGS: 1. The applicant is the sole (contract) owner of the 1.37 acre property. .., I;.... "1-/. .- 2. The applicant states the intention is to develop the property with a commercial business. 3. The proposed land use is compatible with the commercial nature of S.R. 434. 4. The adjacent parcel on the west (at the comer) is "Commercial" and on Wade Street is "Moderate Density Residential" on the City's Official Future Land Use Map. Nearby parcels in the City on the north and south side of S.R. 434 are designated "Commercial" also. The remainder portion of the county enclave is designated "Agricultural". . 5. The adjacent parcel to the west (at the corner) is indicated as C-2 "General Commercial and Industrial" and on Wade Street is R-U "Rural Urban"on the City's Official Zoning Map. I. 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,SJ 7: The City has expressed an interest in annexation in the past (ref. 8-14-95 City Commission meeting). II. STAFF RECON11v1ENDATION: Staff recommends the Planning & Zoning Board/Local Planning Agency recommend approval to the City Commission the annexation of the 1.37 acre subject parcel into the City, based on the findings below: 1. The applicant is the sole (contract) owner of the 1.37 acre property. 2. The applicant states the intention is to develop the property with a commercial business. '. / 3. The proposed land use is compatible with the commercial nature of S.R. 434, 4. The adjacent parcel on the west (at the corner) is "Commercial" and on Wade Street is "Moderate Density Residential" on the City's Official Future Land Use Map. Nearby parcels in the City on the north and south side of S.R. 434 are designated "Commercial" also. The remainder portion of the county enclave is designated "Agricultural". 5. The adjacent parcel to the west (at the corner) is indicated as C-2 "General Commercial and Industrial" and on Wade Street is R-U "Rural Urban"on the City's Official Zoning Map. I.,":.. I.: .~ : 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), ATTACHMENTS: Aerial view with property boundary of the Pitzer annexation parcel. . . ., ....~_:/. PITZER PROPERTY ~ '., /. ~~~. . ---~-:L -~ EB\ OG:j- :.i 211 -.:: EB ~2.0 ORDINANCE NO. 667 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING A 1.37 ACRE PARCEL OF LAND LOCATED 160 FEET EAST FROM THE INTERSECTION OF STATE ROAD 434 AND WADE STREET ON THE NORTH SIDE OF STATE ROAD 434 PURSUANT TO 171.044(1) (2) and 166.041 FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. '."'; . ., WHEREAS, the applicant, Florence Pitzer, the owner of the following described property, has petitioned the City of Winter Springs to be annexed into the City, WHEREAS, annexation of this parcel is consistent with the policy of the Florida Legislature wherein the Legislature "recognizes that enclaves can create significant' problems in planning, growth management, and service deliver, and therefore declares that it is the policy of the state to eliminate enclaves." WHEREAS, the city can better provide sewer and water service to the subject parcel than the county. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS; SECTION I - That the City of Winter Springs annexes the following described real property: EAST 1/2 OF WEST 1/2 (LESS NORTH 75' AND HIGHWAY 434 RIGHT-OF-WAY) OF LOT 42 OF ENTZMINGER FARMS ADDITION #2 AS RECORDED IN PLAT BOOK 5, PAGE 1, PUBLIC RECORDS OF SEMINOLE COUNTY. '. ./ SECTION II - If any section or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION III - That all Ordinances or parts of Ordinances '." in conflict herewith are hereby repealed. -' SECTION IV - This Ordinance shall take effect immediately upon adoption, in accordance with 166.041(4) Florida Statutes. PASSED AND ADOPTED this____day of , 1997. CITY OF WINTER SPRINGS PAUL P. PARTYKA, MAYOR ATTEST: CITY CLERK FIRST READING POSTED SECOND READING AND PUBLIC HEARING