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Home My WebLink About2005 06 13 Public Hearing Item 403, Ordinance 2005-19, annexing parcel at 820 SR 434 COMMISSION AGENDA ITEM 403 Consent Information Public Hearin X Re ular June 13, 2005 Meeting MGR. (J- /Dept. REQUEST: The Community Development Department - Planning Division requests the City Commission conduct a public hearing for the 1st Reading of Ordinance 2005-19, annexing a parcel located at 820 S.R. 434, equaling approximately 5.13 acres and owned by Hope L. Shull. PURPOSE: The purpose of this request is to consider the Annexation request of Applicant Richard A. Jerman on behalf of Hope L. Shull related to Tax Parcel ill # 04-21-31-300-0120- 0000 at 820 S.R. 434, which totals approximately 5.13 acres and which is contiguous to the City. APPLICABLE LAW AND PUBLIC POLICY: Florida Statute Chapter 171. Municipal Annexation or Contraction. Florida Statute Chapter 171.044 (1). 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 said municipality that said property be annexed to the municipality. Winter Sprin2:s Charter Section 2.03. Annexation procedure. Winter Sprin2:s Code Section 16-77. Outdoor display/billboards--Off-premises signs prohibited. ( e) (The Code states that lawfully existing off-premise sign structures within unincorporated areas of Seminole County which are annexed by Winter Springs, are to be included in the inventory of off-premise signs included in Section 16-77; however no off-premise signs are on the subject site.) Winter Sprin2:s Comprehensive Plan. Policy 1.8.2: In order to reduce land use conflicts and for efficient public service provision, the City shall investigate and, where feasible, annex all enclaves as soon as possible. CHRONOLOGY: May 23,2005- Application Received June 9, 2005 Public Noticing in Orlando Sentinel June 13,2005- 1st Reading of Ordinance 2005-19 @ CONSIDERATIONS: June 13, 2005 Public Hearing Agenda Item 403 . The application petition bears the signatures of all of the property owners. . The area is contiguous with the City's existing boundaries and is currently located in an unincorporated area that is completely surrounded by the cities of Winter Springs and Oviedo. Annexation of this parcel would reduce the size of this unincorporated area and does not create any enclaves. . The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. . The parcel has an existing home on it that is inhabited by the current property owner. . The City has capacity to provide this parcel with the same urban services provided to other areas of the City. . City water and sewer service is currently available along the north side of S.R. 434. . No off-premise sign structures exist on the property under consideration. . There is a cell tower in the area, but it is not located on this property. . The subject property is currently designated "Suburban Estates" and "Conservation" on the County Future Land Use Map. Adjacent properties to the west remain in the County. Adjacent properties to the east are within the City and are designated "Commercial". Properties to the south ofSR 434 are in Oviedo and have a Future Land Use of "Low Density Residential" . . The subject property is currently designated "A-l Agricultural 1 acre" on the County Zoning Map. Adjacent properties to the west remain in the County. Adjacent properties to the east are within the City and are designated "C-l Neighborhood Commercial". Properties to the south are in Oviedo and are designated "R-l- Residential" . Adjacent property owners have been notified by Certified Mail. . The property has been posted. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends that the City Commission hold a public hearing for 1 st Reading of Ordinance 2005-19, that would annex one (1) contiguous parcel at 820 S.R. 434, equaling approximately 5.13 acres, and owned by Hope L. Shull. IMPLEMENTATION SCHEDULE: June 16,2005- Public Noticing in Orlando Sentinel (Two times in two consecutive weeks) June 27, 2005- 2nd Reading and Adoption of Ordinance 2005-19 July 7, 2005- Copies to be filed with the Seminole County Clerk of Circuit Court, the Seminole County Manager's Office, and the Department of State within seven (7) days of adoption. ATTACHMENTS: A. Application for Annexation with property owner signatures B. Ordinance 2005-19 with location map and metes and bounds description COMMISSION ACTION: June 13, 2005 Public Hearing Agenda Item 403 ATTACHMENT- A Application for Annexation with property owner signatures CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER S.>IHNGS, FL 32708 407-327-5967 FAX 407-327-6695 {) v , / 3 2005 APPLICATION FOR ANNEXATION AND SUBSEQUENT COMPREHENSIVE PLAN AMENDMENT & REZONING PETITION \1>1'1.1< '\NT' \1\II.lNG ADDRESS PHONE __'"~_"O~~~~.=~ L:lst .\j ~J \~l) .\tJ~L_f~e:\JI~\)\\.}.A~ SftUJtSUJ It,_ ~L.liG lip C,x1c If :\ppll\.:anl docs N(fr own the property: PR()PER'IY OWNER: 11115 I\~queslls for Ihe propnly dc'scrlhed helow: PROPERTY ADDRESS: nl.LL.S.ffi1Lj2Q~J2. ~2'!~(:j20, Ii L\X PARCEL NU~IBER:Q1~_.1.L -::..~.L.. ?'OQ:.Q1.Z.Q_.QooQ..., SIZI: OF I> ARCEL MAILING ADDRESS: P II 0'\ I.. I ;1'1 \~"I,jk SI,.k lip (\,,1.: :'~~UJ.:Jr: h::d A(r~s l'k,bl' slatc the n:a,.,ons 01 tIll ypur AnnexutlOu, ComprehenSIve Plan Amcndment (Future LlIld Use and lI:qucs/.r.f-0f't't i'LJ'?I:\Q,H\~t.liLJ1L W' ~jLf.~d\lb~ (' lij t\.\'\\~ \. (\ It 'I , PtZt).J1\lQ.! ~ \Anl\~\t,:~....., ~t- AV~f1LLe..ffuZ_~uft~tQ(j]J! ...P~<.RL-e't\f' fil'r)JI$'~fO T\~ t'A'>i \") ~6"$I\H'" D~7tll 12t&~lilCNil~ Cumml COUNTY FLTUHE LAND LiSE Classification: _____,>~uO''''~lb'''~~ k~I~__. R~quesl for a Ch,l11ge to CITY of Winter Springs FUT'URI: LAND USE Class.ificmion: ~t-\ \.XJIj~~_(. S IIX..\lilfl If YOll me n:qucsting an Amendment to the Cioats, & Poh.:ics of the comprchcll~ivc Plan, (l. (,.. \I" ,~ "," ( set limh the proposed Amendment III detail and provide documentation to CITY of\Vinll~r -') ,7 Request I'llI' a Currclll COUN lY ZONI '\0 Ilass.lIlcatlOn, ZONING Classilh:allon June 13, 2005 Public Hearing Agenda Item 403 ATTACHMENT- A Application for Annexation with property owner signatures '\NNLXAI'IONS, C01\U'RmIENSIVE PLAN AMENDMEN'lS and REZO"INGS are CmnmIS$WH I ',ad, aCtion IS effectIVe when the Notlce and Vote Flomb S1alu!t'sl1,lvC been m:hleved, to the Approval of the 166 and 171, COM!'REIIE"SIVE !'LAN A\1ENDt'VlENTS arc efl..:cll\C when the "\llfec and VOle 10 the of th... Cllmnusswn Eaeh ;jet:.un 1S 16(, und 171, F!onda Statutes have been achieved. lARGE SCALI; C'OrvlPRI:IIF"SI\il' PLAN A!'vIEND\IENTS art' ( -\ 111m S and ;lre not effecIl've until the Dqmrtmcnt the Plan Amendment 111 ,,:oll1pliance With Ihe rcqmrl'menl$ St;lHites (illless other\\'lse pro\idcd Jaw, the Phm of the i,,<r (,'I/r m ~lecorda!1(e w1th 161.'\1 ) FS and \Vmte! to the Homl.. Departmenl of Affairs issues a "NotICe of Intern" to find If,J J 184 and 16J.3 187. flonda of \Vmlt'l shall be ;Jmlmded Code ofOrlhnalln'S, Se,;lIllJ1 15.32 as I,nkm" ""I iut":l than500 pm on the first \Vcdnesday III Febru,IIY The applicatlOn(s! wIn be reviewed at a of the locd pLinnlllg ;lgcney to be held ill April or ;IS olheflillsl' prdl'ltl'dble ;.,n Lller than 5 on p 011 Ill,' lirst \Vcdnesday Itl August The applic:rllon(s) will he rcvlewed iH a of lucal aglll1cv to he held in OctOOte! or as orherwlse pl.Jctlcahlc, S\IAL.L SCA At\H:ND\lENTS I11<lY bc approvcd wll!1oul to "laWlory Itnllts 011 the frequency of (l'!1sldcrUlIon of aml'ndments under the condillons approved law. ,\PPLlCA" IS ale adVIsed, that If decide' to :.my m:.lllCr cOl1sidclIXl at the mcctrngs or n..:cd to Insure thai a vcrbJtim rc..:ord of the Jot! cndencc UpOIl "nleh Ihe appeal IS In be pcr2l':6,OI ..my deCiSions made <lIthe l11ectmgs or hcarmgs, wnh rcspCCllO will need;J n:col(l of Ihe procet'dings undo for such purposes, IS made, at their cost, whleh includes the FloriJa Statui!.'. THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: r;! A copy of the most recent SURVEY of the subject property with Metes and Bounds description, ri A copy of the LEGAL DESCRIPTION, E1 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classiiflcations on the ADJACENT PROPERTY. I e:y JUSTIFICATION for the Request f!l( NAMES and ADDRESSES of each properly owner within 150 ft of each property line. flJ Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). o APPLICATION FEES: FLES an: as SHO\V~ 13I:LO\\/ plus ACTUAL COSTS innun.:d n,lI ADVIi:RTlSING or NOTIFICA'rION. and for REIlvmURSE~1ENT for Tr,'ClINICAL and/or PRClFESSIONAL SERVICES which I11aY be n:qmrcd 111 COlUlectton WIth the review, inspeclion or approval of any development (based 011 accounling submitted the Ci ti s Consllllam) , Plior II,) approva I of lIu; pertinent stage of developmellt ANNEXATION $ 500 $ d)r,'p~rly ~rr;YH1l' .\f1IW'Ut'l\1l by 1!1\1I~!'Ofl rhe :m: ,~'el1'p! thiS Fee) PRE ANNEXATION AGREEt>.lENT lOrtl,onal) COMPREHENSIVE PLAN A!vtENDr\.tENT *pel Applicant Slnall Scale (Generally 10 acres 01 Lurgc Sc.dc (Generally More that! 10acres; Text i\mt.'ndmt'l1ts) ~ProrLr1y appl)'ing !;~1r i\nnt'\~iinn hy Ht\tUlHJI'l of the Cny are e\ernpl frr-onn rhlS: Feet $ 300 $ s $ 500 $ 1000 REZONING per Applicant S 500 Plus S 25iacre . I'ws.tam \0 C hap!er 11.,3, l'I')Cld;. SlaltlrC~ TOTAL DlJE $ i':XClUllt June 13, 2005 Public Hearing Agenda Item 403 ATTACHMENT- A Application for Annexation with property owner signatures ~ May 18. 2~ City of WhDr Spriqs 1.126 State Road 434 Winter SpdDp, FI 32108 -- l~ ''>~. ~ ~j "'4}' , (' <J lOOS h: I..etn::r of AlUhorizmion ParcoJ. 04-21-31-300.0120..??oo 820 St.src Road 434 Oviedo. F1 32765 PleIIIiC be ad'risd that Ricbar4 A. J~ is 1K=by autb.or:irAd to sttamft 8PPlications for atmexatiQll,. ~heuivo plan amendment and zoDiDg on 1M above parcel ~ ; '1' "'I i, "" ....r . 1'/ ; C<. L."- . I~-" l ;'''JZh ""\ HopcL. ~huJ1 .., Bare of Florida CoUlrty of Saninolc Before me the l.1Ddersigned ~ ap~ ad ~ knov.nto me who aekDo'Wledges exectltiag the ahc:mt ~~,,,Hnn: to R.icl1I:Id A.. lC1IIlal1 !'his ~ day of May, 2005 .. .. e()ndertQT.~v"";(.'.n. "j.. " . ,I' ~'. ." 1~. J.oii.<i\"~ June 13, 2005 Public Hearing Agenda Item 403 ATTACHMENT- B ORDINANCE NO. 2005-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CIT\' OF \VINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF REAL PROPERTY CONTAINING 5.13 ACRES, !\'fORE OR LESS, LOCATED AT 820 STATE ROAD 434 \VITHIN SEMINOLE COUNTY, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A" A TTACIIED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE; PROVIDING FOR THE AMENI>MENT OF \\'INTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES. PROVII>ING FOR THE FILING OF THE REVISED \\TINTER SPRINGS CHARTER \VITH THE I>EPARTMENT OF STATE, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORI>INANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. \VHEREAS, this is a voluntary annexation which shall be pursuant to the annexation procedures contained in Section 171,044, FIOlida Statutes; and \VHEREAS, the City Commission has determined that the subject real property is reasonably compact and contiguous \vith the boundaries of the City of\Vinter Springs and will not create an enclave and otherwise satisties the requirements for annexation; and \VHEREAS, this annexation is in compliance and consistent with the goals and objectives of the City of Winter Springs Comprehensive Plan, City Charter, and City Code; and \\'HEREAS, upon adoption of this Ordinance, the municipal boundary lines of the City of Winter Springs, contained in the Winter Springs Charter, Article n, shall be redefined to include the subject real property; and \VHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds that this Ordinance!s in the best interests of the public health, satety, and weltlue of the citizens of Winter Springs, Florida. NO\V, THEREFORE, THE CITY OF "'INTER SPRINGS HEREBY ORDAINS, AS FOLLO\\iS: Sectionl. Recitals. The foregoing recitals arc true and correct and arc fully incorporated herein by this reference. City of Winter Springs Ordinance No. 20()5-19 Pal,.'C I of 3 June 13,2005 Public Hearing Agenda Item 403 ATTACHMENT- B Section 2. A.nnexation of Real Property. The area of real property, which is more particularly desctibed in the rnetes and bounds legal description and map attached hereto as Exhibit "A," is hereby annexed into the City of Winter Springs by the City Commission. Exhibit II A" is hereby fully incorporated herein by this reference. The real propel1y shall be known as existing \vithin the boundaries of the City of 'Winter Springs, Florida, from the effective date of this ordinance. Section 3. City Boundaries Redefined; 'Vinter Springs Charter Amended. Pursuant to Section 166.031(3), Florida Statutes, and Section 171.091, Flotida Statutes, the City of Winter Springs Charter, Article II, Section 2.01. shall hereby be amended to redefine the corporate boundaries of the City of Winter Springs to include the area of real property described in Section 2 of this Ordinance. The City Clerk shall file the revised Winter Springs Charter, Article II, Section 2.01, with the Department of State within thirty (30) days from the efJective date ofthis Ordinance. The City Clerk shall also file this Ordinance with the Clerk of the Circuit Court of Seminole County, thc Chief Administrator ofSemino1e County, and the Department of State within seven (7) days of the effective date. Secti on 4. Repeal of Prio r (nco nsistent Ordinan ces and Resol u tio n s. A II ordinances and resolutions orpa11s of ordinances and resolutions in conflict herewith arc hereby repealed to the extent of the eontl ict. Section 5. Sevt~rahility. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not afIect the validity of the remainder hereto as a whole or pm1 thereof to be declared invalid. Section 6. Effective Date. This Ordinance shall become etlective upon adoption by the City Commission ofthe City of Winter Springs. Florida, and pursuant to the City Charter. fsiglllltllres 011 following pagel City of \\Tinter Springs Ordinance No. 2005-19 Page 2 {)f 3 June 13,2005 Public Hearing Agenda Item 403 ATTACHMENT- B ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of 2005. .John F, Bush, JVlayor ATTEST: Andrea Lorenzo-Luaces, City CI{~rk Approved as to legal form 1U1d sufficiency for the City of \\linter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: E1Iective Date: City of\Vinter Springs Ordinance No. 2005-19 Page 3 of 3 June 13, 2005 Public Hearing Agenda Item 403 ATTACHMENT- B EXHIBIT "A" SHULL PROPERTY. LOCATION MAP SHULL PROPERTY- LEGAL DESCRIPTION: LEG SEe 04 TWP 21S RGE 31E W 1/2 OF NE 1/4 OF NW 1/4 OF SE % SHULL PROPERTY- METES & BOUNDS DESCRIPTION: (Description as provided by Old Republic National Title Insurance Company File No 152042262) Lot or Tract No.3 of McElroy's 5 acre farms, described as follows: Begin at a point 660.4 feet East and 30 feet North of the Southwest corner of the NW % of the NW % of the SE % of Section 4, Township 21 South, Range 31 East, said point being on the North side of the Sanford-Oviedo County Road; and run from thence North 662.8 feet to the quarter section line; thence East 330.2 feet; thence South 662.4 feet to the North line of said road; and thence West along the North boundary line of said road 330.2 fee to the point of beginning; being five acres, more or less. All lying and being in Seminole County, Florida.