HomeMy WebLinkAbout2003 04 14 Regular I Revising the Schedule of Filing Fees for Future Land Use/ Rezoning Applications
COMMISSION AGENDA
ITEM I
Consent
Information
Public Hearine:
Ree:ular X
April 14. 2003
Meeting
MGRr ~ IAtty.
REQUEST:
The Community Development Department requests the City Commission consider
revising its schedule of filing fees for future land use / rezoning applications which are
subsequent but a necessary part of annexation proceedings, where properties have been
annexed by invitation of the City.
PURPOSE:
The purpose of this agenda item is to request the waiving of application fees for a future
land use change and rezoning change where these actions are separate but subsequent
processes to an annexation which has been annexed by invitation of the City.
APPLICABLE LAW:
Florida Statute 166.201. Taxes and charges.
A municipality may raise, by taxation and Licenses authorized by the constitution or general law,
or by user charges or fees authorized by ordinance, amounts of money which are necessary for
the conduct of municipal government and may enforce their receipt and collection in the manner
prescribed by ordinance not inconsistent with the law.
City of Winter Springs, Sec. 2-116. Annexation fees.
(a) All applications for annexation of property into the city shall be accompanied by an
annexation fee. Such fee will be established by resolution of the city commission, pursuant to
the authority of this section.
(b) The annexation fee shall be used to pay the costs of annexation and any additional costs
related thereto.
City of Winter Springs, RESOLUTION No. 2001-45.
Section 1. Zoning & Planning
Fees are as shown plus actual costs incurred for advertising or notification and for reimbursement
for services required from the City's consulting Engineer, Planner. Architect, Landscape Architect,
and Surveyor and other related technical and professional services needed in connection with the
review, inspection or approval of any development, based on accounting submitted to City with
letter of approval (payable prior to approval of the pertinent stage of development) + Actual Cost.
April 14, 2003
REGULAR AGENDA ITEM I
Page 2
Annexation
(property annexed by invitation of the city is exempt)
$ 500
Comprehensive Plan Amendments
Small-Scale
Large-Scale
$ 500
$1000
Rezoning petition
Standard Rezoning
(plus $25 per acre or portion thereof)
$ 500
BACKGROUND:
When Parcels are annexed into the City from the County, they retain County Future Land Use
designation and County Zoning, until these are subsequently changed. Properties must go
through a Future Land Use amendment and a Rezoning change in order to be fully governed
under the City's Code and Comprehensive Plan.
In the past, this process required three separate applications (along with the associated fees). The
result was that some properties were annexed from the County into the City, but the subsequent
processes for changing the Future Land Use and Zoning never occurred. (This is addressed later
in this artilcle.) A new application was drafted in January, to streamline the process and to help
ensure that this situation is not repeated. An individual now makes application for the entire
process and payment of the associated fees (for the entire process) are collected at the time of
application. (This allows the applicant to clearly understand the process and fees involved and
allows for the process to proceed in a timely manner. See Attachment "A") No applications have
been received since the new application was drafted.
Fees for these processes are based on Winter Springs Resolution 2001-45 adopted December 10,
2001. The Resolution indicates that property annexed by invitation of the City is exempt from an
annexation application fee. However, the Resolution also stipulates fees associated with a Future
Land Use amendment and a Rezoning petition and does not indicate any situation where these
fees are to be waived. If it were the intent of the Commission to waive the fees for the
subsequent Future Land Use amendment and Rezoning petition processes associated with an
Annexation, Staff needs such a directive from the Commission.
The City has recently approached and been approached by property owners along Orange Avenue
who wish to Annex into the City. The City is interested in annexing such enclaves into the City
in order to improve the efficiency in our delivery of City services to current and future residents
of the City. However, these individuals have been detoured from proceeding with Annexation
upon learning of the City's fees associated with the subsequent processes. They have requested
that the City waive the fees for the Future Land Use amendment and Rezoning.
Given that the City wishes to encourage the annexations of County enclaves in the City, and
given that the City has already detennined it appropriate to waive the Annexation application fee
April 14, 2003
REGULAR AGENDA ITEM I
Page 3
in cases which are City initiated, it is therefore, Staffs opinion that it is appropriate to waive the
fees associated with the rest of the process.
Currently within the City there are three (3) parcels that were Annexed into the City during 1991-
1992, which still retain a County Future Land Use and Zoning designation:
Voska- 835 SR 434
V oska- 895 SR 434
Arminger- 1281 Natures Way
In addition, there are three (3) parcels that were Annexed into the City during 2002, which still
retain a County Future Land Use and Zoning designation:
Roberts- 1120 Orange Avenue
Nguyen parcel #1 along Orange Avenue (annexation prior to 2002)
Nguyen parcel #2 along Orange Avenue
This situation can be rectified through an Administrative Future Land Use change and Rezoning,
should the City wish to proceed in that direction. An administrative action would not require
application by the property owner and would not require any payment of application fees by the
property owner.
If however, the Commission determines that it wishes to continue to apply the associated fees
previously discussed, it would then be appropriate to also apply these fees to the properties
annexed during 2002 and not proceed with the Administrative action, particularly for these
three(3) parcels.
STAFF RECOMMENDATION:
Staff recommends that the City Commission approve the waiving of Annexation and subsequent
Future Land Use amendment and Rezoning petition fees, in situations where the City has
initiated the Annexation.
Staff considers any County enclave less than 10 acres as desirable and as appropriate for City
initiated Annexation. (A County enclave is defined herein as being those parcels entirely
surrounded by the City of Winter Springs (including those parcels adjacent to Lake Jesup).
Staff recommends that the City Com~ission direct Staff to proceed with the Administrative
Future Land Use amendments and Rezoning petitions for the six (6) parcels identified above
which still retain County FLUM and Zoning designations.
ATTACHMENTS:
A - Application for Annexation and Subsequent Comprehensive Plan Amendment &
Rezoning Petition.
COMMISSION ACTION:
April 14, 2003
REGULAR AGENDA ITEM I
Page 4
ATTACHMENT "A"
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5967
FAX:407-327-6695
APPLICATION FOR ANNEXATION
AND SUBSEQUENT
COMPREHENSIVE PLAN AMENDMENT & REZONING PETITION
APPLICANT:
MAILING ADDRESS:
PHONE:
Last
First
Middle
City
State
Zip Code
If Applicant does NOT own the property:
PROPERTY OWNER:
This request is for the property described below:
PROPERTY ADDRESS:
TAX PARCEL NUMBER:
SIZE OF PARCEL:
MAILING ADDRESS:
PHONE:
Last
First
Middle
City
State
Zip Code
Square Feet
Acres
Please state the reasons or justification for your Annexation, Comprehensive Plan Amendment (Future
Land Use Change), and Rezoning request:
Current COUNTY FUTURE LAND USE Classification:
Request for a Change to CITY of Winter Springs FUTURE LAND USE Classification:
If you are requesting an Amendment to the Goals, Objectives, & Policies of the City's comprehensive Plan,
set forth the proposed Amendment in detail and provide supporting documentation.
Current COUNTY ZONING Classification:
Request for a Change to CITY of Winter Springs ZONING Classification:
January 23, 3Xl3 .
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
o A copy of the most recent SURVEY of the subject property with METES and BOUNDS description.
o A copy of the LEGAL DESCRIPTION.
o Notarized Authorization of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
o 11 x 17 MAP showing ADJACENT STREETS and
ZONING AND LAND USE classifications on the ADJACENT PROPERTY.
o APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development.
ANNEXATION
(Property applying for Annexation by invitation of the City are exempt from this Fee)
PRE-ANNEXATION AGREEMENT (Optional)
COMPREHENSIVE PLAN AMENDMENT per Applicant.,..
Small Scale (Generally 10 acres or fewer)
Large Scale (Generally More than 10acres; Text Amendments).
REZONING per Applicant.
$ 500 $
$ 300 $
$
$ 500
$ 1000
$ 500 $
Plus $ 25/acre $
(or portion thereof)
· Adjacent Property Owners who apply for consideration as one (I) Applicant. are required to pay only one (I) Comprehensive Plan
Amendment Fee and one (I) Rezoning Fee.
.. Pursuant to Chapter 163, Florida Statutes.
TOTAL DUE
$
......................................................................................
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJEcr PROPERTY:
This is to certify that I am the Owner in fee simple of subject lands described within this Application for
Annexation and Subsequent Comprehensive Plan Amendment and Rezoning Petition:
Signature of Owner
Sworn to and subscribed before me this
day of 20_0
Notary Public
My Commission expires:
Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
2
January 23, 2003
**************************************************************************************
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY:
Signature of Applicant / Representative of Owner
Sworn to and subscribed before me this
day of 20_.
Notary Public
My Commission expires:
Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
**************************************************************************************
ANNEXA nONS, COMPREHENSIVE PLAN AMENDMENTS and Rezoning are subject to the Approval
of the City Commission. Each action is only effective when the Notice and Vote Requirements of Chapter
166 and 171, Florida Statutes have been achieved.
COMPREHENSIVE PLAN AMENDMENTS are also subject to Approval by the Florida Department of
Community Affairs and are not effective until the Department of Community Affairs issues a "Notice of
Intent" to find the COMPREHENSIVE PLAN AMENDMENT in compliance with the requirements of
Chapter 163.3184 and 163.3187, Florida Statutes.
APPLICANTS are advised, that if they decide to appeal any decisions made at the meetings or hearings,
with respect to any matter considered at the meetings or hearings, they will need a record of the
proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is
made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per
286.0105, Florida Statutes.
3
January 23, 2003