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Home My WebLink About2013 05 01 Public Hearing 500 Ordinance 2013-07, 1550 DeLeon Street Annexation PLANNING & ZONING BOARD AGENDA ITEM 500 Information Public Hearing X Regular May 1, 2013 Meeting REQUEST: The Community Development Department—Planning Division requests that the Planning and Zoning Board hold a public hearing to consider Ordinance 2013-07,which proposes to annex one parcel totaling approximately 4.4 acres, generally located on the northwest corner of the intersection of DeLeon Street and Florida Avenue. SYNOPSIS: An application was received by the Community Development Department which requests voluntary annexation of one parcel totaling approximately 4.4 acres in size. The parcel is located on the northwest corner of the intersection of DeLeon Street and Florida Avenue. Specifically, the parcel is located at 1550 DeLeon Street-Oviedo,Florida. The applicant has requested annexation of this parcel for utilization as a stormwater retention pond and active recreation area which includes a tennis court and tot lot in the proposed Southern Oaks development. APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 - Procedures for adoption of ordinances and resolutions. Florida Statute 171.044 - Voluntary Annexation Winter Springs Charter Section 2.03. Annexation procedure. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan. City of Winter Springs Code of Ordinances. May 1,2013 Planning&Zoning Board,Item 500 Page 2 of 3 CONSIDERATIONS: The applicant is petitioning the City to voluntarily annex one parcel that is currently located within unincorporated Seminole County. The subject parcel is approximately 4.4 acres in size and is located on the northwest corner of the intersection of DeLeon Street and Florida Avenue. The purpose of the annexation of the subject parcel for utilization as a stormwater retention pond and active recreation area which includes a tennis court and tot lot in the proposed Southern Oaks development. The Southern Oaks development is located partially in the City of Winter Springs and the City of Oviedo. The surrounding area is generally characterized by the following land use and zoning categories. Existing Land Uses Zoning Future Land Use Subject Existing single-family Seminole Seminole County R3 Property residence County A-3 North Industrial buildings City of Winter City of Winter Springs (Wood working facility) Springs R-C 1..................._Rural Residential ....................................................................... South Vacant (part of proposed City of Oviedo City of Oviedo Low Southern Oaks R-1 Density Residential development) East Black Hammock - Rural Seminole Seminole County R3 -3 residential land County A ............................................................................................... .. .... .. .. .. .. .. .. .. .............................................................................................................................................................. West Vacant (part of proposed City of Winter City of Winter Springs Southern Oaks Springs R-1A Low Density development) Residential The application petition bears the signature of the property owner. The subject property is contiguous with the City's existing boundaries and is currently located in an unincorporated area of Seminole County that is adjacent to the City of Winter Springs. Annexation of the parcel does not create any enclaves. The subject parcel is located within the Seminole County Rural Boundary. A future land use amendment and rezoning of the subject property to a City of Winter Springs future land use and zoning designation are not proposed in conjunction with this annexation request. The property currently has a Seminole County zoning designation of A-3 and a future land use designation ofR3. The R3 future land use designation permits a maximum of one (1) dwelling unit per three (3) acres. Seminole County has jurisdiction over any future petitions to change the future land use designation of the property per the language in the 2004 Seminole County Charter Amendment. Accordingly,the City has agreed to inform Seminole County if any proposed future land use amendments on the subject property are proposed. Adjacent property owners have been notified by US mail. Pursuant to Florida Statute 171.044(6),the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on April 16, 2013. In addition, the properties have been posted with a large yellow sign. May 1,2013 Planning&Zoning Board,Item 500 Page 3 of 3 Findings: In analyzing the annexation request, it appears that all statutory requirements related to voluntary annexation have been satisfied. FISCAL IMPACT: The proposed annexation of the property allows the subject parcel to be developed into a retention pond and active recreation area for a proposed residential development. Development of the subject property is anticipated to provide an increase to the City's taxable value. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staff. Additionally, the Meeting Agenda has been sent to media/press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information,Department Directors; and also posted outside City Hall;posted inside City Hall with additional copies available for the general public. STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Board recommend approval of Ordinance 2013-07, which proposes the annexation of one parcel located on the northwest corner of the intersection of DeLeon Street and Florida Avenue. ATTACHMENTS: A. Ordinance 2013-07 B. Location map Attachment "A" ORDINANCE NO. 2013- 07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,FLORIDA,ANNEXING ONE(1) PARCEL OF LAND COMPRISING APPROXIMATELY 4.4 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF DELEON STREET AND FLORIDA AVENUE, SAID PARCEL BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT"A"ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER,ARTICLE II,BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, this is a voluntary annexation which shall be pursuant to the annexation procedures contained in section 171.044, Florida Statutes; and WHEREAS, the City Commission has determined that the subject real property is reasonably compact and contiguous with the boundaries of the City of Winter Springs and will not create an enclave and otherwise satisfies the requirements for annexation; and WHEREAS, this annexation is in compliance and consistent with the goals and objectives of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and WHEREAS,upon the effective date of this Ordinance,the municipal boundary lines of the City of Winter Springs,contained in Winter Springs Charter,Article II,shall be redefined to include the subject real property; and WHEREAS,the City Commission of the City of Winter Springs,Florida,hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: City of Winter Springs Ordinance No.2013- Page 1 of 3 Section 1. Annexation of Real Property. The area of real property, which is more particularly described in the metes 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 "A" is hereby fully incorporated herein by this reference. Section 2. City Boundaries Redefined;Winter Springs Charter Amended. Pursuant to section 166.031(3), Florida Statutes, and section 171.091, Florida 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 1 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 upon said approval and shall provide a copy to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. The City Clerk shall also file this Ordinance with the Clerk of the Circuit Court of Seminole County, the Chief Administrator of Seminole County, and the Department of State within seven (7) days of the effective date. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. 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 affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2013. Charles Lacey, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk City of Winter Springs Ordinance No.2013- Page 2 of 3 Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No.2013- Page 3 of 3 fil a) E 0 _ii a 1 idi ?i ' aiii o_ p a Eg _ R N I L...LL W iwn }117n�1Q AIJ At L13— 131 4 lil ill 4116 _CD ce ill a 1 g cn.o 7 ,u. o la : i i q 19' NO31 3 0 II N Z al Ce En Lo A t W ce V v ce V1