HomeMy WebLinkAbout1998 06 08 Public Hearings Item B
ICOMMISSION AGENDA
ITEM
B
Consent
Information
Public Hearin
Re ular
x
June 8. 1998
Meeting
REQUEST: The Community Development Department - Planning Division requests the City
Commission approve the first reading of Ordinance 703, to annex a 1.279 acre
parcel
PURPOSE:
The purpose of this Board Item is to request the Commission approve the first reading of
Ordinance 703 to amex a 1.279 acre parcel, located on the south side of Orange Avenue
west of Tuskawilla Road at the northwest comer of the Tuscawilla Trace Subdivision.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 171.044(1) Florida Statutes which states liThe 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 ann,exed 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).
JUNE 8, 1998
AGENDAITEM B
Page 2
CONSIDERA TIONS:
1. The 1.279 acres is a wetland area. It is proposed that this parcel will become an
integral part of Tuscawilla Trace subdivision to be platted.
2. The StaJfReport on the annexation request by David Auld, Division Vice
President ofD.R. Horton Custom Homes, was sent to the Planning and Zoning
BoardlLocal Planning Agency which included the findings and staff
recommendation.
3. The Planning & Zoning BoardlLocal Planning Agency voted on April 1, 1998 to
recomffil~nd approval of the request for annexation.
FINDINGS:
1. This is a voluntary annexation of 1.279 acres into the City.
2. The parcel would be kept in its natural state.
3. Until such time as an application is made for changing the Future Land Use
designati,on of the parcel and approved by the City Commission, it will continue to
be county designated "Suburban Estates" (1 DU per acre).
4. Until such time as an application is made for changing the zoning designation of
the parcd and approved by the City Commission, it will continue to be county
designated A-I "Agriculture".
5. The Legislature recognizes that enclaves can create significant problems in
planning: growth management, and service delivery, and therefore declares that it
is the pol.icy 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
Commis~:ion meeting).
JUNE 8, 1998
AGENDA ITEM B
Page 3
STAFF RECOMMENDATION TO THE PLANNING & ZONING BOARD/LOCAL
PLANNING AGENCY:
Staff recommends the Planning & Zoning BoardlLocal Planning Agency make the following
recommendation to the City Commission:
Recommend the: City Commission annex the 1.279 acre parcel into the City and keep it in
its natural state.
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
RECOMMENDA TION TO THE CITY COMMISSION:
The motion passed by the Planning & Zoning Board was as follows:
"I move that we recommend to the City Commission, that the City Commission annex the
1.279 acre parcel into the city, and keep it in its natural state forever and recommend that
the applicant apply for Future Land Use as well as Zoning changes, under the City's rules
and regulations."
_RECOMMENDATION TO THE CITY COMMISSION:
Staff recommends the City Commission approve the first reading of Ordinance ? 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, II 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 recommendation of the Planning and Zoning BoardlLocal Planning Agency.
JUNE 8, 1998
AGENDAlTEM B
Page 4
IMPLEMENTA TION SCHEDULE:
The City Commission would hold a second reading on June 22, .1998 and adopt Ordinance
703 to annex thl~ 1.279 acre parcel. The ordinance for annexation immediately takes
effect upon adoption. -
ATTACHMENTS:
1. Aerial photo of parcel and surrounding area.
2. Sketch of a portion of Lot 18 Block "B".
3. Staff R~:port to P & Z Board/LP A.
4. Ordinance 703
COMMISSION ACTION:
SHEET 2 OF 2
SKETCH OF DESCRIPTION
/
/
/?/lYL
OF LOT 111,
<5' UN. J BLOCK "B"
'N~AlcD _
RICH]': ':---
-OF' _ ~:---Ii'/Iy
,4)'
LOT 17
BL0CK "8"
WESTERLY LINE
OF LOT 18. ~
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~.....
~~~W;~"JJ;,.
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~.
Professional Surveyors & Mappers
1420 East Robinson Street
()1<<1da, Ibido J2!II1' ( 407 J 897-144J
f
/;~ 1
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EASTERLY LINE / ~/ ~
OF LOT 18, /j ~
BLOCK "B" f;~ ~/
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Q:f LEGEND:
SOUTH LINE Of' THE
NORTH 288.00 FEET
OF LOT 18. BLOCK "B"
REMAir--JDER
or L.O T 18
BLC)CI< "8"
~,JOT i\lCL.UDF::D
SOUTHERLY LINE
SOUTHERL Y
RIGHT-OF-WAY LINE
'>-.9~..q~ .
.... ( So~G~
....... 1?/c,y....... -41.-..
....... l", r<:lItl_
............ O,co, v~
~ 11-.., r
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EAST LINE OF THE
WEST 190.00 FEET
OF LOT 18. BLOCK 'B"
-- ~
<t Denotes centerline
R/W Denotes righ t-of-woy
THIS IS NOT A SURVEY
JOB NO. 96950
DATE:- 1/7/9B
SCALE: ," = 100 FEET
f1ELD :3Y: N/A
CALCULA TED BY: JLR
DRAWN BY: JLR
CHECKED BY: JLR
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 4.34
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327.1800
Community Development
LOCAL PLAmrING AGENCY AGENDA ITEM:
II. C.
ANNEXATION OF 1.279 ACRES ON SOUTH SIDE OF ORANGE A VENUE
(ANNEX-l..98)
STAFF REPORT:
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163 .3174(4) Florida Statutes which states "Be the agency (Local Planning
Agency) responsible for the preparation of the comprehensive plan or plan amendment and
shall make recommendations to the governing body regarding the adoption or amendment of
such plan. During the preparation of the plan or plan amendment and prior to any
recommendation to the governing body, the Local Planning Agency shall hold at least one
public hearing, with public notice, on proposed plan or plan amendment."
The provisions of Sec. 2-57 of the City Code which state in part ". . .the planning and
zoning board shall serve as the local planning agency pursuant to the county comprehensive
planning act and the local government comprehensive planning act of the state. . ."
A. SUMMARY OF APPLICATION
1. APPLICANT:
David Auld, Division Vice President
D. R. Horton Custom Homes
6250 Hazeltine Nation Drive, Suite 102
Orlando, FL 32822
857-9101
April I, 1998
1
ANNEX-I-98
2. REQUEST:
To annex 1.279 acres into the City.
3. PURPOSE:
To designate it for open area or passive recreation that can be used by future residents
of the Tuscawilla Trace subdivision, as well as others in the immediate area of Orange
Avenue.
B. BACKGROUND INFORMATION
1. AREA OF PROPOSED ANNEXATION
2. GENERAL LOCATION AND LEGAL DESCRlPTION:
On the south side of Orange Avenue west of Tuskawilla Road at the northwest corner
of the Tuscawilla Trace subdivision now under construction.
THE NORTH 288.00 FEET OF THE WEST 190.00 FEET OF LOT 18, BLOCK
"B", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESUP, AS
RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWESTERLY CORNER OF SAID LOT 18; THENCE
RUN SOUTH 60 17' 50" EAST ALONG THE NORTHERLY LINE OF SAID LOT
18, ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF ORANGE
AVENUE, FOR A DISTANCE OF 193.44 FEET TO A POINT ON THE EAST
LINE OF THE WEST 190.00 FEET OF SAID LOT 18; THENCE DEPARTING
SAID NORTHERLY LINE, RUN SOUTH 18 53'09" WEST ALONG SAID EAST
LINE, FOR A DISTANCE OF 293.21 FEET TO A POINT ON THE SOUTH LINE
OF THE NORTH 288.00 FEET OF SAID LOT 18; THENCE DEPARTING SAID
EAST LINE, RUN NORTH 60 17' 50" WEST ALONG SAID SOUTH LINE, FOR
A DISTANCE OF 193.44 FEET TO A POINT ON THE WESTERLY LINE OF
SAID LOT 18; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 18 53'
09" EAST ALONG THE WESTERLY LINE OF SAID LOT 18; THENCE
DEPARTING SAID SOUTH LINE, RUN NORTII 18 53' 09" EAST ALONG THE
WESTERLY LINE OF SAID LOT 18, FOR A DISTANCE OF 293.21 FEET TO
SAID POINT OF BEGINNING. CONTAINS 1.279 ACRES MORE OR LESS.
Aprill, 1998
2
ANNEX-1-98
3. DEVELOP.MENT TRENDS:
This area has seen the approval of the St. Johns Landing single family subdivision at
the intersection of Orange Avenue and Tuskawilla Road involving 31 lots. Recently
the TuscawiUa Trace single family residential subdivision has been approved involving
24 lots. The representative for the Joyce property, immediately to the west of the
Tuscawilla Trace development has talked with staff about a single family development
that would extend to the property immediately west of the Joyce property. With the
development of a new Town Center, the Joyce property and the property to the west
are proposed for high density residential to include some row houses.
4. CHRONOI,OGY OF SUBJECT PROPERTY:
4-27-92 - The property was part of the county enclave.
2-24-97 - Ordinance 647 passed to change the Future Land Use Map designation
from county "Suburban Estates" to City "Lower Density Residential".
2-24-97 - Ordinance 648 passed to change the zoning designation from county A-I
"Agriculture" to City R-IA "One Family Dwelling District".
1-12-98 - Final Engineering Plans approved by City Commission
5. EXISTING LAND USE OF SUBJECT PROPERTY:
Vacant; with trees.
6. LETTERS IN FAVOR OR IN OPPOSITION:
None.
7. CITY COMMISSION DISTRICT:
# 5 - David McLeod
C. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
Single family residential in the county enclave..
Smlth:
Vacant; now under construction as a single family residential lots.
East:
Vacant; now under construction as a single family residential lots.
~:
Residential.
April 1,1998
3
ANNEX-1-98
D. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing:
(County designation) Suburban Estates (1 DU per acre)
Requested:
None requested at this time.
E. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT
PROPERTY:
North:
(County designation) Suburban Estates (1 DU per acre).
Smtlh:
Lower Density Residential.
East:
Lower Density Residential.
~:
:Mixed Use.
F. ZONING OF SUBJECT PROPERTY:
Existing:
(County designation) A-I "Agriculture".
Requested:
Non requested at this time.
G. ZONING ADJACENT TO SUBJECT PROPERTY:
Nm1h:
(County designation) A-I "Agriculture".
South:
R-IA One Family Dwelling District.
~:
R-IA One Family Dwelling District.
~:
RU Rural-Urban Dwelling District. (Replaced by RC-l).
Ill. COMPREHEN"SIVE PLAN AMENDMENT ANALYSIS:
NOTE: The applicant requests that the 1.279 acre parcel be kept as is - as open space or
passive recreation. No facilities analysis or environmental analysis is needed.
April I, 1998
4
ANNEX-1-98
. \
IV. FINDINGS:
*
This is a voluntary annexation of 1.279 acres into the City.
*
The parcel would be kept in its natural state.
*
Until such time as an application is made for changing the Future Land Use
designation of the parcel and approved by the City Commission, it will continue to be
county designated "Suburban Estates" (1 DU per acre).
*
Until such time as an application is made for changing the zoning designation of the
parcel and approved by the City Commission, it will continue to be county designated
A-I "Agriculture".
V. STAFF RECOlvfMENDATION:
Staff recommend:) the Local Planning Agency make the following recommendation to the
City Commission:
Recommend the City Commission annex the 1.279 acre parcel into the City and keep it
in its natural state.
A ITACHMENTS:
1. Sketch of a portion of Lot 18 Block "B".
April 1, 1998 ANNEX-I-98
/
/
R/WL
Of LOT 18,
~5' UN. f BLOCK "f1"
~AM~D _
RIGHr. '::--.
-OF'_ ~~I?/IY
, \
SHEET 2 OF 2
LOT 17
BL0C:K liB"
I'/(S TERL Y LINE
OF LOT 18. ~
'CO" "'" /
~.....
~~I~..
~;..
,....~..WHE.~.INl....
'::::~:::::::I:~lllllllti~l}'
Professional Surveyors & MappeJs
1420 East Robinson Street
Q1aldo, flcrila 32!KlI' ( 4a7 ) 897-1443
SKETCH OF DESCRIPTION
SOUTHERL Y
RIGHT-OF-WAY LINE
EAST LINE Of THE
I'/(ST 190,00 FEET
OF LOT 18, BLOCK "B"
SOU TH LINE OF THE
NORTH 288.0) FEET
Of LOT 18. BLOCK 'B",
'f
/;~ /
/~;:
EASTERL Y LINE / ~/ ;:
OF LOT 18. )j ~
BLOCK "B" f;~ !<of
~ 0
~ ~
~a:-
?f~
/ ~ ~
//~
I~
l LEGEND:
~
RDAAJ(\J[IER
or:- L.OT 18
BIJ:>CK "Oil
NOT !t~CLUDED )
SOUTHERLY LINE
ct Denotes centerline
R/W Denotes right-of-way
THIS IS NOT A SURVEY
JOB NO, 96950 CALCULA TED BY: JLR
DATE:. 1/7/98 DRA'M'I BY: JLR
SCALE: I" = 100 FEET CHECKED BY: JLR
FJELD BY: N/A
ORDINANCE NO. 703
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, ANNEXING A 1.279 ACRE PARCEL
OF LAND LOCATED ON THE SOUTH SIDE OF ORANGE AVENUE
WEST OF TUSKAWILLA ROAD AT THE NORTHWEST CORNER
OF TUSCA WILLA TRACE SUBDIVSION; PURSUANT TO
171.044(1)(2) and 166.041 FLORIDA STATUTES; PROVIDING FOR
SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, the applicant, D .R. Horton Custom Homes, 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.
WHER.;EAS, the parcel is primarily wetland and would be designated for
open space aI1ld passive recreation that can be used by future residents of the
Tuscawilla Trace subdivision, as well as others in tlle immediate area of Orange
Avenue.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of Winter Springs annexes the following
described real property:
THE NORTH 288.00 FEET OF THE WEST 190.00 FEET OF LOT 18,
BLOCK "B":l D.R. MITCHELL'S SURVEY OF TE LEVY GRANT ON
LAKE JESUP, AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
SECTION IT - If any section or portion of tins Ordinance proves to be
invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair
the validity, jurce or effect of any other section or portion of a section or
subsection or part of this Ordinance.
SECTION ill - 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
PAULP.PART~MAYOR
ATTEST:
CITY CLERK
FIRST READING
POSTED
SECOND
HEARING
READING
AND
PUBLIC
TO:
FROM:
DATE:
RE:
cc:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
MEMORANDUM
Mayor and City Commission
Shirle:y A. Frankhouser, Adm. Secreta'J5/f
Community Development
June 8, 1998
Public Hearing-Agenda Item B
Annexation of a 1.279-acre Parcel
Ron lI.1cLemore, City Manager
Please replace page 3 of the above-mentioned agenda item with the attached revised page
3, (correction highlighted).
sal\memo\mayorcomm\06-08-98
"" . >' '\,
JUNE 8, 19998
AGENDAITEM B
Page 3
STAFF RECOl\1MENDATION TO THE PLANNING & ZONING BOARD/LOCAL
PLANNING AGENCY:
Staff recommends the Planning & Zoning Board/Local Planning Agency make the following
recommendations to the City Commission:
Recommend the City commission annex the 1.279 acre parcel into the City and keep it in
its natural state.
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
RECOMMENDATION TO THE CITY COMMISSION:
The motion passed by the Planning & Zoning Board was as follows:
"I move that we recommend to the City Commission, that the City Commission annex
the 1.279 acre parcel into the City, and keep it in its natural state forever and recommend
that the applicant apply for Future Land Use as well as Zoning changes, under the City's
rules and regulations."
RECOMMENDATION TO THE CITY COMMISSION:
Staff recommends the City Commission approve the first reading of Ordinance 703 based on:
1. The findings indicatl~d above;
2. Previous expression!; 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 recommendation of the Planning and Zoning Board/Local Planning Agency.