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Home My WebLink About1997 09 08 Regular Item E COMMISSION AGENDA ITEM E REGULAR X CONSENT INFORMATIONAL September 8. 1997 Meeting MGR.,f1l-- /DEP~ Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission approve the first reading for adoption of Ordinance 680, to annex a 1.47 acre parcel located approximately 700 feet west of the intersection of Wade Street and Old Sanford-Oviedo Road, on the south side of Old Sanford-Oviedo Road. PURPOSE: The purpose of this Board Item is to request the Commission to approve the first reading for adoption of Ordinance 680 to annex a 1.47 acre parcel in the county enclave along Old Sanford-Oviedo Road. 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). SEPTEMBER 8, 1997 AGENDAITEM E Page 2 CONSIDERATIONS: 1. The applicant is the sole owner of the 1.47 acre property. 2. The applicant states the intention is to further expand his business utilizing City servIces. 3. The Staff Report on the annexation request by Frank Bracco 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 August 20, 1997 to recommend approval of the request for annexation. FINDINGS: 1. The proposed land use is compatible with the commercial/industrial nature of existing businesses on Old Sanford-Oviedo Road. 2. The adjacent parcels in the county enclave are indicated on the county's Future Land Use Map (Figure 2.0.1) as "Industrial", The surrounding area of the City on the north, east and west is designated as "Industrial" on the City's Future Land Use Map. The area adjacent on the south of the county enclave is designated "Commercial" . 3. The adjacent parcels in the county enclave are indicated as M-l "Industrial District" on the county's Zoning Map. The area surrounding the enclave to the north, east and west is designated C-2 "General Commercial and Industrial" on the City's 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). SEPTEMBER 8, 1997 AGENDA ITEM E Page 3 PLANNING AND ZONING BOARDfLOCAL PLANNING AGENCY RECOMMENDA TION TO THE CITY COMMISSION: Recommend approval to the City Commission for the annexation of the 1.47 acre Bracco property based on the findings in the Staff Report. 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 de livelY, and therefore declares that it is the policy of the state to eliminate enclaves. It; 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. IMPLEMENTA TION SCHEDULE: The City Commission would hold a second reading on September 22, 1997 and adopt Ordinance 680 to annex the 1.47 acre parcel. The ordinance for annexation immediately takes effect upon adoption, per 166.041(4) Florida Statues and Section 4.15 City Charter. ATTACHMENTS: 1. Aerial map of annexation parcel and Parcel Boundary Map. 2. Staff Report to P & Z BoardlLP A. 3. Ordinance No. 680 COMMISSION ACTION: EfflUENT DISPOSAl. (PERC. PONOS) 1 ! I N BRACCO PARCEL -1 .; ID ~] :, fI 4.0 ~~ "/ ~ ~1 !; IJ .J . :f , ;~ ~ t~ " 1 ,ii ;1 J , ~ .;' [. 1 i' ~: 10. --- , .' , EB 13.B BLOCK C .. . ~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 ITEM: ll. B. BRACCO ANNEXATION (ANX-S-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). 1. BACKGROUND: APPLICANT: Frank Bracco 621 Morgan Street Winter Springs, FL 32708 (407) 327-6000 OWNER: Frank Bracco 621 Morgan Street Winter Springs, FL 32708 REQUEST: Annexation of 1,47 acre parcel (part of county enclave) into the City. PURPOSE: Applicant wants the 1.47 acre parcel annexed into the City to further develop his plumbing installation business utilizing City water and sewer. PROPERTY: Location: Approximately 700 feet west of the intersection of Wade Street and Old Sanford-Oviedo Road, on the south side of Old Sanford-Oviedo Road. Legal Description: THE EAST Y2 OF LOT 8, ENTZMINGER FARMS ADDITION NO, 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF SEMINOLE COUNTY. ACREAGE: 1. 47 acres PARCEL NUMBER: 34-20-30-5A WOOOO-008A EXISTING LAND USE OF SUBJECT PROPERTY: Building with office and warehouse function. Parking ofvehic1es and storage of plumbing materials in the yard. CHRONOLOGY OF SUBJECT PROPERTY: Parcel was part of Lot 12 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 owner of the 1.47 acre property. 2. The applicant states the intention is to further expand his business utilizing City sefYlces. 3. The proposed land use is compatible with the commercial/industrial nature of existing businesses on Old Sanford-Oviedo Road. 4. The adjacent parcels in the county enclave are indicated on the county's Future Land Use Map (Figure 2.0.1) as "Industrial". The surrounding area of the City on the north, east and west is designated as "Industrial" on the City's Future Land Use Map. The area adjacent on the south of the county enclave is designated "Commercial" . 5. The adjacent parcels in the county enclave are indicated as M-l "Industrial District" on the county's Zoning Map. The area surrounding the enclave to the north, east and west is designated C-2 "General commercial and Industrial" on the City's Zoning Map. 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 S tate 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). II. ST AFF RECOMMENDATION: Staff recommends the Planning & Zoning Board/Local Planning Agency recommend approval to the City Commission the annexation of the 1.47 acre subject parcel into the City, based on the findings above. ATTACHMENTS: Aerial view with property boundary of the Bracco annexation parcel. ORDINANCE NO. 680 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING A 1.47 ACRE PARCEL OF LAND LOCATED 700 FEET WEST OF THE INTERSECTION OF WADE STREET AND OLD SANFORD-OVIEDO ROAD ON THE SOUTH SIDE OF OLD SANFORD- OVIEDO ROAD PURSUANT TO 171.044(1) (2) and 166.041 FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the applicant, Frank Bracco, 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 and other urban services 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 LOT 8, ENTZMINGER FARMS ADDITION NO. 2 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 9, 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 and section 4.15(c) of the City Charter. 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