HomeMy WebLinkAbout1998 01 12 Regular Item B-1
COMMISSION AGENDA
ITEM
B-1
REGULAR X
CONSENT
INFORMATIONAL
January 12, 1998
Meeting
MGR.1lu. fJJ.~
Authorization
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a public hearing to approve the second reading and adoption of
Ordinance No. 654, to annex a 9.58 acre parcel located on the south side 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 approve the second reading
and adoption of Ordinance No. 654 to annex a 9.58 acre parcel.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 171.044(1) Florida Statutes which states "The owner or owners ofreal
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).
JANUARY 12,1998
AGENDA ITEM B-1
Page 2
CONSIDERA TIONS:
1. The Staff Report on the annexation request by Lake Irene Investors was sent to
the Planning and Zoning Board/Local Planning Agency which included the findings
and staff recommendation..
2. The Planning & Zoning BoardlLocal Planning Agency held its regular meeting on
April 2, 1997 and reviewed the request for annexation. The Board recommended
approval of the annexation with the request that staff pursue the annexation of the
remainder portion of the Lake Irene Investors property (approximately 11.5 acres).
3. The City Commission approved the first reading of Ordinance 654 on March 24,
1997.
4. The representative for Lake Irene Investors, owner of the 9.58 acre parcel,
requested that the second reading of Ordinance 654 be delayed from the April 14th
until the June 23rd meeting of the City Commission.
5. The representative for Lake Irene Investors, owner of the 9.58 acre parcel,
requested that the second reading of Ordinance 654 be tabled at the request of the
petitioner. The City Commission tabled the second reading of Ordinance 654 on
June 23, 1997.
6. The representative for Lake Irene Investors, owner of the 9.58 acre parcel,
requested that the second reading of Ordinance 654 be tabled at the request of the
petitioner. The City Commission tabled the second reading of Ordinance 654 on
December 8, 1998.
FINDINGS:
1. The proposed land use is compatible with the commercial nature of S.R. 434.
2. The parcels are indicated as "Planned Development" on the county's Future Land
Use Map (Fig. 2.0.1 Seminole County 1991 Comprehensive Plan Future Land Use
Map Series - 2010). (County designation Planned Development includes "PLI" -
public lands and institutions; "PCD" -commercial; PUD-commercial, residential,
industrial, office).
JANUARY 12, 1998
AGENDA ITEM B-1
Page 3
3. 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 "Commercial" on the Future Land Use Map.
4. 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.
5. 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.].
6. The City has expressed an interest in annexation in the past (ref 8-14-95 City
Commission meeting).
STAFF RECOMMENDATION TO THE PLANNING & ZONING BOARD/LOCAL
PLANNING AGENCY:
Staff recommends the Planning & Zoning BoardlLocal 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.
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
RECOMMENDA TION TO THE CITY COMMISSION:
Amended Motion: Recommend the approval to the City Commission for the annexation of the
9.58 acres east of 17/92 on S.R. 434, and request the City Commission to ask the staff to pursue
the two remaining parcels on either side of this one for annexation.
~: all aye.
RECOMMENDATION TO THE CITY COMMISSION:
Staff recommends the City Commission hold a second reading to adopt Ordinance # 654
based on:
1. The findings indicated above;
JANUARY 12, 1998
AGENDA ITEM B-1
Page 4
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.
5. The recommendation of the Planning and Zoning BoardlLocal Planning Agency.
IMPLEMENTATION SCHEDULE:
The ordinance for annexation immediately takes effect upon adoption, or as otherwise
indicated in Sec. 4.15 City Charter.
ATTACHMENTS:
1. Ordinance No. 654.
2. Area map of annexation parcel and Parcel Boundary Map.
3. Staff Report to P & Z Board/LPA.
COMMISSION ACTION:
ORDINANCE NO. 654
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
ANNEXING A 9.58 ACRE PARCEL OF LAND
LOCATED APPROXIMATELY 2,500 FEET EAST
FROM THE INTERSECTION OF STATE ROAD 434
AND U.S. 17/92 ON THE SOUTH 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, Kenneth M. Leffler, authorized
representative of the owner, Lake Irene Investors, of the
following described property, has petitioned the City of
winter Springs to be annexed into the city.
WHEREAS, the City can provide to the subject parcel sewer
and water service and other urban services it provides to 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 has expressed an interest in annexation
in the past, (ref. 8-14-95 City commission meeting).
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of winter Springs annexes the
following described real property:
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 OFTHE
CONONADES FIRST SECTION, AS RECORDED IN PLAT BOOK
15, PAGES 79-80, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, THENCE S07 43' 38"E, ALONG THE EASTERLY
LINE OF SAID LOT 58, A DISTANCE OF 790.49 FEET;
THENCE N8 89 47'33"W, A DISTANCE OF 100.97 FEET,
FOR A POINT OF BEGINNING; THENCE RUN N07 43'38"W
PARALLEL WITH SAID EASTERLY LINE, A DISTANCE OF
337.35 FEET, TO THE POINT OF CURVATURE OF A CURVE,
CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 54
2 7' 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 OF 231.42 FEET,
TO THE POINT OF CURVATURE OF A CURVE, CONCAVE
NORTHEASTERLY, HAVING A CENTRAL ANGLE OF 58
DISTANCE OF 230.23 FEET TO THE POINT OF REVERSE
CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING
A CENTRAL ANGLE OF 86 14' 27" AND A RADIUS OF 25
FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF
SAID CURVE, A DISTANCE OF 37.63 FEET TO THE POINT
OF TANGENCY; THENCE RUN N89 47'33"W A DISTANCE OF
165.00 FEET; THENCE RUN N86 31'19"W A DISTANCE OF
50.14 FEET; THENCE RUN SOO 12'27"W A DISTNACE OF
609.68 FEET; THENCE RUN N89 47'33"W A DISTANCE OF
6.00 FEET, THENCE RUN SOO 12'27"W A DISTANCE OF
37.00 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 S89 47'33"E A DISTANCE OF
730.46 FEET TO THE POINT OF BEGINNING, CONTAINING
9.58 ACRES MORE OR LESS.
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
, 1998.
CITY OF WINTER SPRINGS
PAUL P. PARTYKA, MAYOR
ATTEST:
CITY CLERK
FIRST READING
POSTED
SECOND READING AND PUBLIC HEARING
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PROPOSED
ANNEXATION
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development
P & Z BOARD I 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,
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:
Ken Leffler
1400 Wmdsor 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 Wmn-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 Road 434
Legal Description: From the intersection of the Southerly right-of-way line ofS.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, Florida,
thence S07 43'38"E, along the easterly line of said Lot 58, a distance of 790.49 feet;
thence N8 89 47'33"W, a distance of 100.97 feet, for a APPOINT OF BEGINNING;
thence run N07 43'38"W parallel with said easterly line, a distance of337.35 feet, to the
point of curvature ofa 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" W a distance of 165.00 feet; thence run N86 31'19"W a distance of
50.14 feet; thence run SOO 12'27"W a distance of 609.68 feet; thence run N89 471]3" Wa
distance of6.00 feet, thence run SOO 12'27" W a distance of37.00 feet; thence run N89
47'33" Wa distance of 18.00 feet, thence run SOO 12'27" E a distance of 127.00 feet,
thence run S89 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:
2620305ARODOOO 16B
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 "Planned Development" on the county's Future Land
Use Map (Fig. 2.0.1 Seminole County 1991 Comprehensive Plan Future Land Us
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.].
.
The City has expressed an interest in annexation in the past (ref 8-14-95 City
Commission meeting).
II. STAFFRECO~NDATION:
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..
Lake 9rene 9nvestors
March 14, J 997
Mr. Tom Grirnrns
Comprehensive Phmning Coordinator
City of Winter Springs .
1126 East State Road 434
Winter Sprin~s, Florida 32708
Dear Mr. Grimms:
The six owners of the 9,58-acre parcel, located on the sOllth side of State Road 434 near
the westerly corporate limits ofthe City of Winter Sp~ngs, have requested that I advise you of
their intention to voluntarily petition the City of Winter Springs for anne;(ation of this parcel. The
owners, known among themselves as the Lake Irene Investors, have contracted to sell this parcel
for development of a new WinD-Dixie store, Hopefully your received a copy of the initial site plan
and legal description which were delivered to your attention at the Winter Springs City HaJ( today.
We anticipate that the petition will be made in the names of one or more of the owners
whose names and addresses r shalt provide when we meet to fonnalIyinitiate the petition. If there
are any questions which r may answer prior to that time, please call me,
Yours v.ery V' .
~~1/'
{4(.() Windsor Avenue. .Longwood, Rorida 31750-<i830 · (407) 331-;;5 r:) . fax (4<)7) 331-3-H 2
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