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Home My WebLink About2007 01 22 Public Hearing 206 Parcel 14 Lot Split COMMISSION AGENDA ITEM 206 Public Hearing January 22, 2007 Meeting REQUEST: Community Development Department requests that the Commission approve the Oviedo Marketplace Parcel 14 lot split, and authorize its recordation. PURPOSE: The purpose of this agenda item is to approve and authorize recordation of the Oviedo Marketplace Parcel 14 lot split and its associated resolution (along with any other associated document( s) as may be deemed necessary by the City Attorney). The applicant wishes to divide an existing 49.5 acre parcel into 2 lots, one 3.86 acre lot for an office complex and one 45.6 acre residual parcel. The residual parcel includes conservation and buffer areas as well as about 11.24 acres of developable land. The applicant proposes to plat the residual portion of the site after a development plan is approved for that area. APPLICABLE CODE: Section 9-1. Definitions. Section 9-2. Division of land; City Commission approval required. Section 9-3. Dividing platted property. Section 9-4. Waiver to subdivision requirements. Section 9-10. General Criteria for Approval. Section 9-11. Lot Splits. Chapter 20. City Code Comprehensive Plan Section 2(b), Article VIII, of the State Constitution Chapter 177, Florida Statutes. Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent). Ordinance No. 2006-11 CONSIDERATIONS: The 4.72 acre site is located on the west side of South Moss Road, south of Bahama Road. The site has a Rural Residential Future Land Use designation and RC-I zoning. The west side of the site abuts the Foxmore East subdivision, which has R-1AA zoning. The site contains wetlands (FDEP January 22,2007 Public Hearing Agenda Item 206 Page 2 correspondence, dated 06/13/06), which, in conjunction with a 25' upland buffer, are to be addressed through a conservation easement to the City. Potable water and sanitary sewer are available to the site. The site has been posted, to notify the public of the proposed lot split (although not required by Code). Staff has reviewed the application and believes that the application is consistent with all of the criteria set forth in Section 9-10 (General Criteria for Approval): (a) The application is in compliance with the provisions of this chapter and applicable law. Yes, subject to the City Attorney's review of and determination regarding pertinent documents relating to wetlands, upland buffers around wetlands, and wetland mitigation. (b) The application is consistent with the city's comprehensive plan and applicable city master plans. Yes, subject to the City Attorney's review and determination, as noted above. (c) The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city commission. Yes (d) The application does not create any lots, tracts of land or development that do not conform to the city code. Yes (it does not create non- conforming lots or tracts) (e) The applicant does not create burdensome congestion on the streets and highways. Yes (it does not create congestion) (1) The application promotes the orderly layout and use of land. Yes (g) The application provides for adequate light and air. Yes (h) The application does not create overcrowding of land. not create overcrowding) Yes (it does (i) The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. Yes (it poses no harm to provision of these services) 2 January 22,2007 Public Hearing Agenda Item 206 Page 3 G) The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. Yes (both lots abut an existing operable public roadway) The lot split is also consistent with Section 9-11 (Lot Splits). No new streets or other public infrastructure improvements are required that warrant an engineered subdivision plan for this division. FINDINGS: 1. The lot split is consistent with the Comprehensive Plan, subject to the City Attorney's review of and determination of documents regarding wetland preservation, encroachment, upland buffers, and wetland mitigation. 2. Staff believes the application is consistent with sections 9-10, 9-11, and other applicable City Code provisions. RECOMMENDATION: Staff recommends that the City Commission approve and authorize recordation of the Oviedo Marketplace Parcel 14 lot split, subject to (1) the City Attorney's review and comments, (2) documentation that the 2006 property taxes have been paid before recordation, and (3) the applicant to pay for recording and providing the City with certified copies of the lot split resolution and any other documents that may be deemed necessary by the City Attorney. ATTACHMENTS: A Location map B Sketch & Description C Lot Split Resolution & Conservation Easement (provided by City Attorney) COMMISSION ACTION: 3 ATTACHMENT A . PAGE LOCATION KEY MAP WITH 1 a 2 MILE RADIUS RINGS NOTES: Municipal Address Map Book PRINTED: REVISED: Apr 2005 1: City of Winter Springs, FL Developed By: SouJheastem Surveying & Mapping Corp. 2: 2649 RESOLUTION NO. 2007-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, PROVIDING FOR THE DIVISION OF A PLATTED SINGLE LOT OWNED BY THE VIERA COMPANY AND GENERALLY LOCATED ALONG THE NORTHWEST SIDE OF DOVERA DRIVE (COMMONLY REFERRED TO AS PARCEL 14 OF THE OVIEDO MARKETPLACE PROJECT), WINTER SPRINGS, FLORIDA, INTO TWO (2) LOTS OF RECORD FOR DEVELOPMENT PURPOSES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 9-3 of the City Code allows an owner of a single lot of sufficient size that satisfies zoning bulls regulations, except in a platted area of a planned unit development, to divide a platted single lot; and WHEREAS, section 9-11 of the City Code authorizes the City Commission to approve such division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and application process for lot splits; and WHEREAS; The Viera Company is the owner of certain real property generally located along the northwest side of Dovera Drive and commonly referred to as Pazcel 14 of the Oviedo Marketplace Project, Winter Springs, Florida, more particularly depicted and legally described herein; and WHEREAS, The Viera Company has petitioned the City, pursuant to section 9-11 of the City Code, to divide said property into two (2) separate lots; and WHEREAS; said lots are more particularly depicted and legally described herein; and WHEREAS, the City Commission fords that The Viera Company has satisfied all of the requirements for lot splits set forth in section 9-11 of the City Code; and WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfaze of the citizens of Winter Springs. City of Winter Springs Resolution 2007-07 Page 1 of 3 NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Approval of Lot Split. The City Commission hereby approves, pursuant to section 9-11 of the City Code, the division of the real property, Parcel ID No. 17-21-31-300-OO1H-0000, generally located along the northwest side of Dovera Drive, commonly referred to as Parcel 14 in the Oviedo Marketplace Project, Winter Springs, Florida, into two (2) separate lots. Such lots are more particularly depicted and legally described as "Parcel 14A" and "Parce114B" in "Composite Exhibit A," attached hereto and fully incorporated herein by this reference. Upon recordation of this Resolution in the Official Public Records of Seminole County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant to applicable law. Section 3. Reveal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Instructions to Staff. Pursuant to section 9-11(b)(2) of the City Code, the City Clerk is hereby directed to record this Resolution in the Official Public Records of Seminole County, Florida. The Community Development Department is hereby directed to modify city maps and documents to reflect the lot split. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 22nd day of January, 2007. John F. Bush, Mayor City of Winter Springs Resolution 2007-07 Page 2 of 3 ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2007-07 Page 3 of 3