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Home My WebLink About2014 08 06 Public Hearing 500 Ordinance 2014-18 Annexation of 1244 Orange Avenue PLANNING & ZONING BOARD AGENDA I T E M 5 0 0 Information Public Hearin X Re ular Au�ust 6, 2014 Meeting REQUEST: The Community Development Department — Planning Division requests that the Planning and Zoning Board hold a public hearing to consider Ordinance 2014-18,proposing to annex one parcel, which is approximately 1.16 acres in size, and is located at 1244 Orange Avenue. SYNOPSIS: An application was received by the Community Development Department requesting voluntary annexation of a 1.16 acre parcel of land that is located at 1244 Orange Avenue. There is currently a small single-family home on the property the applicant proposes to demolish, and re- construct a new single-family home that is approximately double in size in its place. The availability of City water and sewer services in the adj acent Orange Avenue right-of-way precludes construction of the new home under Seminole County's jurisdiction,therefore,the applicant has petitioned the City to annex the property. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: • Applicant name and address and authorized representative: Michael McCoy, 216 Torcaso Court, Winter Springs, FL 32708 • Propertv owner's name(s): Michael J. McCoy, Rosemarie McCoy and William M McCoy • Propertv addresses: 1244 Orange Avenue • Property Parcel ID numbers: 31-20-31-503-0000-0020 • Current FLUM Desi�nations: Seminole County Low Density Residential • Current Zonin�Desi�nations: Seminole County R-1 (Single-family dwelling district) • Previousl��proved Development permits such as conditional use, waiver, or variance (if an : None August 6,2014 Planning&Zoning Board,Item 500 Page 2 of 3 • Development A�reements (if any�: None • Pendin� Code Enforcement Actions (if any�: No known Code Enforcement actions • Citv Liens (if any�: No known City liens APPLICABLE LAW &, PUBLIC POLICY 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. DISCUSSION: The applicant is petitioning the City to voluntarily annex one parcel that is approximately 1.16 acres in size. This property is currently located within unincorporated Seminole County. The purpose of the annexation is to obtain City utilities to permit construction of a single- family home on the property. The surrounding area is generally characterized by the following land use and zoning categories. � � � � � Subject One single-family home Seminole Seminole County Low Property County R-1 Density Residential (Single-family dwelling district North Undeveloped None (Lake None (Lake Jesup) Jesup).................................................................................................................................................................................................................................... ..................................................................................................................................................................................................... South Orange Avenue right-of- None - right- None -right-of-way way of-way ................................................................................................................................................................................................................................................................................................................................................................................................................................................. East One single-family home Seminole Seminole County Low County R-1 Density Residential (Single-family dwelling district) ............................................................................................................................................................................................................................................................................................................................................................................................................................................. West Vacant Seminole Seminole County Low County R-1 Density Residential (Single-family dwelling district August 6,2014 Planning&Zoning Board,Item 500 Page 3 of 3 The application petition bears the signature of the property owners. The subj ect property is contiguous with the City's existing boundaries across the right-of-way of Orange Avenue and is currently located in an unincorporated area of Seminole County that is adjacent to the City of Winter Springs. Annexation of the parcel lessens an existing enclave that is located along the north side of Orange Avenue within the Town Center. An interlocal agreement between the City of Winter Springs and Seminole County that was entered into in 1987 provides that the City will supply essential governmental services (fire protection, public safety, emergency law enforcement, and road maintenance)to County citizens residing in defined"areas of concern." The Agreement states that the County will encourage property owners to seek annexation and that annexation of any parcels within this area is subj ect to this agreement. A future land use amendment and rezoning of the subj ect property to a City of Winter Springs future land use and zoning designation are proposed in conjunction with this annexation request.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 subj ect parcel on July 16, 2014. Findin�s: 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 subj ect parcel to be developed into a single-family residence. Development of the subject property is anticipated to provide an increase to the City's taxable value based upon the addition of one (1) single-family residence. 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. 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 subj ect parcels on July 16, 2014. STAFF RECOMMENDATION: Staff requests that the Planning & Zoning Board forward a recommend of approval to the City Commission of Ordinance 2014-18. This ordinance proposes annexation of a 1.16 acre parcel that is located at 1244 Orange Avenue. ATTACHMENTS: A. Ordinance 2014-18 Attachment "A" ORDINANCE NO. 2014-18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING ONE (1) PARCEL OF LAND COMPRISING APPROXIMATELY 1.16 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED AT 1244 ORANGE AVENUE, WINTER SPRINGS; 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 obj ectives 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 City of Winter Springs Ordinance No. 2014-18 Page 1 of 3 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: 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. City of Winter Springs Ordinance No. 2014-18 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2014. Charles Lacey, Mayor 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 First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2014-18 Page 3 of 3 EXHIBIT "A" ;�. �i 8 `' � - � �OG� � .. � � � . . 8v � �j ° " � � Lake Jesup �� ' �• Q � �� oRq� '� .� .� i� . - Pa�,�,. � : � � _ ,N��? � :�- �:' . W - �� - � Y` h � �z . � 4 �r ��a G� .. y LL gT _-. . . � - . "°tA,�� Subject property"� h .. � � - " �Q y � Q . C P , • � � � � � � � . - - � o` A � ` � ° • ��, �' -� . � � � � � �j �n� � ,_-... � �(ry� Y��'lb4yl.p �� ( � .. ��• . �� /�,� . � . � ��7 LZ. � . �L��_ � _ a�A_.�• LOT 2 (LESS WLY 20 FT) +WLY 30 FT OF LOT 3 TUSKAWILLA SHORES, ACCORDING TO THE PLAT THEREOF AS RECORDED 1N PLAT BOOK 6, PAGE 93, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA