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Home My WebLink About2015 01 07 Public Hearing 500 Ordinance 2014-01, Northern Oaks AnnexationPLANNING & ZONING BOARD AGENDA ITEM 500 January 7, 2015 Meeting Consent Information Public Hearing X Regular REQUEST: The Community Development Department — Planning Division requests that the Local Planning Agency (LPA) hold a public hearing to consider Ordinance 2015-01, which proposes to voluntarily annex two (2) parcels totaling approximately 18.67 gross acres, more or less, currently within Seminole County, Florida, and generally located just east of the intersection of State Road 434 and State Road 417. SYNOPSIS: The Community Development Department received a request for voluntary annexation of two (2) parcels totaling approximately 18.67 gross acres in size. The parcels are located just east ofthe intersection of State Road 434 and State Road 417 (see Attachment A - Location Map). Ordinance 2015-01 proposes the voluntary annexation of approximately 18.67 gross acres of property for future development within the City of Winter Springs (see Attachment B - Ordinance 2015-01). In addition, the applicant has submitted a Preliminary Subdivision Plan for approximately 51 single-family dwelling units which is presently being reviewed by the City of Winter Springs Staff Review Committee (SRC). 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. Applicant Name and Address: Madichristo Land Holdings, LLC 1520 Whitstable Court Lake Mary, FL 32746 January 7, 2015 Planning & Zoning Board, Item 500 Page 2 of 4 Property Owner: Janet Mann Trustee FBO 1751 Firehouse Lane Apt. 102 Orlando, F132814-6441 04-21-3 1-3 00-0090-0000 William Wilson 3128 Penwa Court Longwood, FL 32779-3109 04-21-3 1-3 00-009A-0000 Property Address: None Property Parcel IUS: 04-21-3 1-3 00-0090-0000 04-21-3 1-3 00-009A-0000 Property Acreage: Approximately 18.67 acres Property Legal Descriptions: See 'Attachment C - Legal Description' Existing Future Land Use Designation: Seminole County: "Suburban Estate" Existing Zoning Designation: Seminole County: Agriculture "A-1" Approved Development Permits: None Pending Code Enforcement Actions: None City Liens: None CONSIDERATIONS: The applicant is petitioning the City to voluntarily annex two (2) parcels totaling approximately 18.67 gross acres, more or less, currently within Seminole County, Florida via Ordinance 2015-01. The subject parcels, currently within Seminole County, are located just east ofthe intersection of State Road 434 and State Road 417. The applicant desires to combine the two (2) county parcels for a future single-family development. The surrounding area is primarily a mixed use (residential and commercial) corridor serving as an entry point to the City of Winter Springs. The subject properties are currently vacant and owned by Janet Mann and William Wilson. The two (2) parcels abut State Road 434, which is a mixed commercial/residential node. This is an area that is conducive to future commercial, office, and residential development. The surrounding area is generally characterized by the following land use and zoning categories. January 7, 2015 Planning & Zoning Board, Item 500 Page 3 of 4 Subject Properties Existing Land Uses Vacant Property Zoning Seminole County: Agriculture "A-1" Future Land Use Seminole County: Suburban Estate (SE) North Vacant City of Winter Springs: City of Winter Springs: ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. No Zoning Conservation South Vacant Property, City of Oviedo City of Oviedo Single -Family W-1 & C-1 Low Density Residential Residential & Commercial ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. East Vacant Property City of Winter Springs: City of Winter Springs: Neighborhood Commercial Commercial "C- l " ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. West Single -Family City of Winter Springs: City of Winter Springs: Residence; Antique Greeneway Interchange Greeneway Interchange Shop; Vacant Property District "GID" District; Seminole County: Seminole County: Agriculture "A-1 " Commercial The requested voluntary annexation petition bears appropriate signatures of all associated property owners. The subject properties are contiguous with the City's existing boundaries and are currently located in an unincorporated area of Seminole County adjacent to the City of Winter Springs. The requested voluntary annexation of the two (2) parcels does not create any enclaves. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. 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 are available to the subject property. The subject properties are currently designated "Suburban Estate" on the Seminole County Future Land Use Map and Agriculture "A-1" on the Seminole County Zoning Map. Properties to the east and west are within the City of Winter Springs. Properties to the south and west are within both the City of Winter Springs and Seminole County. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on December 8, 2015 (see Attachment D - Notification Letter). Adjacent property owners have been notified by U. S. mail on December 29, 2015. In addition, the properties have been posted with a large yellow sign. If the property is annexed, the applicant's request for a Large Scale Comprehensive Plan Amendment changing the Future Land Use to City of Winter Springs "Low Density Residential" and the request for Rezoning to City of Winter Springs "R-V will then be considered by the Local Planning Agency/ Planning & Zoning Board under Item 501. Developers Agreement: In addition, the applicant may decide to enter into a Developers Agreement at a later date. Should this January 7, 2015 Planning & Zoning Board, Item 500 Page 4 of 4 occur, the requested agreement would go before the City of Winter Springs City Commission at the time of Second Reading/Adoption which is scheduled to occur on April 13, 2015. This agreement would govern specific development controls for the proposed residential subdivision. Findings: In analyzing the annexation request, it appears that all statutory requirements related to voluntary annexation have been satisfied. FISCAL IMPACT: The applicant desires to combine the two (2) county parcels for future development. Development of the subject property is anticipated to provide an increase to the City's taxable value. A detailed Fiscal Impact Report will be performed once specific development plans are made available. 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 Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of Annexation, Large -Scale Plan Amendment, and Rezoning for the subject parcels on December 8, 2014 (see Attachment D - Seminole County Board of County Commission Annexation Notification Letter— December 8, 2014). Adjacent property owners have been notified by U. S. mail on December 29, 2014. In addition, the properties have been posted with a large yellow sign. The proposed Ordinance was advised in the Orlando Sentinel on December 18, 2014 (see Attachment E - Advertisement, Orlando Sentinel). STAFF RECOMMENDATION: Staff recommends the Local Planning Agency (LPA) forward a recommendation of approval for Ordinance 2015-01, which proposes to voluntarily annex two (2) parcels totaling approximately 18.67 gross acres, more or less, currently within Seminole County, Florida, and generally located just east of the intersection of State Road 434 and State Road 417. ATTACHMENTS: A. Location Map B. Ordinance 2015-01 C. Legal Description D. Seminole County Board of County Commission Annexation Notification Letter - December 8, 2014 E. Advertisement, Orlando Sentinel — December 18, 2014 8 E Lake Mary Blvd Lake Jesup Park LOCATION MAP SEMINOLE COUNTY FL s w �NJ ATTACHMENT "A" Central W ind s _ Park SITE LOCATION 'sp y .e 'o G� S d. SR-434 E SR-434 VI SR-434SR, v �l a M y V Q �J 7 O � Alb Winter �prr r r �9s 9ly00 U Geneva th ZZ. 7u5caryill a 314 Round j Countryf Lake a° Club <- ,►s Broadway St m Park yr r m Q ° o� a v -aa r r�dc. 0c s Mall to U ' N g Lake y� _ E Mitchell Flrrromock Rd ■Z Oviedo L'"j �. r-'- rl a f V� z a a z 0 n 425 ,r Ch f`- 2300 Maitland Center Parkway Suite 101 Maitland Florida, 32751 Phone - (407) 660-2120 Maitland@ibig roup.com A w a m Twin Rr:ers ,jcJf1='lub Ix 10 O a Y CID 1 inch=-5,280 feet Attachment "B" ORDINANCE NO.2015-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING TWO (2) PARCELS OF LAND COMPRISING APPROXIMATELY 18.67 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED JUST EAST OF THE INTERSECTION OF STATE ROAD 434 AND STATE ROAD 417, OVIEDO; SAID PARCELS 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: 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 City of Winter Springs Ordinance No. 2015-01 Page 1 of 2 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 12015. 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 Charles Lacey, Mayor City of Winter Springs Ordinance No. 2015-01 Page 2 of 2 Exhibit "A" Northern Oaks Subdivision (Property ID# 04-21-31-300-0090-0000 & 04-21-31-300-009A-0000) LEGAL DESCRIPTION AS PROVIDED BY BISHMAN SURVEYING & MAPPING INC: PARCEL A DESCRIPTION THE WEST 1/2 OF THE NW 1/4 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 4, TOWNSHIP 21 S, RANGE 31 E, SEMINOLE COUNTY, FLORIDA. THE NE 1/4 OF THE NE 1/4 OF THE SW 1/4, OF SECTION 4, TOWNSHIP 21 S, RANGE 31 E, SEMINOLE COUNTY, FLORIDA. CONTAINING 15.347 ACRES, MORE OR LESS PARCEL B DESCRIPTION THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA. CONTAINING 5.132 ACRES, MORE OR LESS TOTAL ACREAGE: 20.479 ACRES, MORE OR LESS. ATTACHMENT licit Northern Oaks Subdivision (Property ID# 04-21-31-300-0090-0000 & 04-21-31-300-009A-0000) LEGAL DESCRIPTION AS PROVIDED BY BISHMAN SURVEYING & MAPPING INC: PARCEL A DESCRIPTION THE WEST 1/2 OF THE NW 1/4 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 4, TOWNSHIP 21 S, RANGE 31 E, SEMINOLE COUNTY, FLORIDA. THE NE 1/4 OF THE NE 1/4 OF THE SW 1/4, OF SECTION 4, TOWNSHIP 21 S, RANGE 31 E, SEMINOLE COUNTY, FLORIDA. CONTAINING 15.347 ACRES, MORE OR LESS PARCEL B DESCRIPTION THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA. CONTAINING 5.132 ACRES, MORE OR LESS TOTAL ACREAGE: 20.479 ACRES, MORE OR LESS. ATTACHMENT "D11 �y�NT�R � SA O .p ~ � n U cn1959 •�,�db we t� J�< COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, FL 32708 Telephone (407) 327-1800 Fax: (407) 327-4756 December 8, 2014 (VIA CERTIFIED MAIL) Seminole County Board of County Commissioners CIO Nicole Guillet, AICP, Seminole County Manager 1101 East 1st Street Sanford, Florida 32771 Re: Proposed Voluntary Annexation - Tax Parcel Identification Numbers: 04-21-31-300-0090-0000 04-21-31-300-009A-0000 Dear Mrs. Guillet, Pursuant to Florida Statute 171.044 (6), the City of Winter Springs is forwarding to your attention a copy of the notice of annexation for the aforementioned Seminole County Tax Identification Numbers for property herein referred to as the 'Northern Oaks Property'. The subject property is located east of the intersection of State Roads 434 and 417, within Section 04, Township 21 South, Range 31 East, Seminole County, Florida (see Exhibit A - Location Map). A future land use amendment and rezoning of the subject property to a City of Winter Springs future land use and zoning designation are proposed in conjunction with this annexation request as follows: Seminole County Existing Future Land Use Existing Zoning Suburban Estate A-1 City of Winter Springs Proposed Future Land Use Proposed Zoning Medium Density Residential R-1 The current schedule for the City Commission of the City of Winter Springs to consider the Annexation and Large Scale Plan Amendment is as follows: Proposed Voluntary Annexation Notification Letter Seminole County Board of County Commissioners CIO Nicole Guillet, AICP, Seminole County Manager Pg. 2 Local Planning Agency - Wednesday, January 7, 2015 at 5:30 or soon thereafter in the Commission Chambers, Winter Springs City Hall. First Reading (Transmittal) — Monday, January 26, 2015 at 5:15 or soon thereafter in the Commission Chambers, Winter Springs City Hall. Second Reading (Adoption) —Monday, April 13, 2015 at 5:15 or soon thereafter on the Commission Chambers, Winter Springs City Hall. Please note that this schedule is subject to change. You will be notified of any schedule change. If there are any questions or clarifications necessary, please feel free to contact me by telephone at (407) 327-5967 or via email at rwoodruffkwintersprin sg fl org. Sincerely, -Z- 414--- Randy Woodruff, AICP Senior Planner Enclosures: Exhibit A - Location Map Exhibit B - Seminole County Property Appraiser Data Exhibit C - Aerial Map CC: Randy Stevenson, AICP, ASLA, Community Development Director Anthony Garganese, City Attorney (via email)