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HomeMy WebLinkAbout2015 03 09 Public Hearing 500 Ordinance 2015-04 First Reading COMMISSION AGENDA Informational Consent ITEM 500 Public Hearings X Regular March 09, 2015 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a public hearing to consider First Reading of Ordinance 2015-04, which proposes to annex two (2) parcels totaling approximately 2.31 acres, located at 235 Old Sanford Oviedo Road. SYNOPSIS: An application has been received by the Community Development Department - Planning Division which requests voluntary annexation of two (2) parcels totaling approximately 2.31 acres in size located at 235 Old Sanford Oviedo Road (see Attachment A - Location Map). Ordinance 2015-04 proposes the voluntary annexation of approximately 2.31 gross acres of property per the applicant's request for City utilities at said location (see Attachment B - Ordinance 2015-04). CONSIDERATIONS: The applicant is petitioning the City to voluntarily annex a 2.31 acre site that is located at 235 Old Sanford Oviedo Road. Applicant—Brian Smith (MNK, Inc./Unlimited Welding, Inc.) Location—235 Old Sanford Oviedo Road Site Information — The 2.31 acre parcels currently have a future land use designation of Seminole County "Industrial". The applicant has petitioned the City to change the future Public Hearings 500 PAGE 1 OF 4- March 09,2015 land use designation of the two (2) parcels to City of Winter Springs "Industrial" and to rezone said property to "Light Industrial (I-1)" in order to acquire City utilities for the existing welding business. PARCEL Property Addresses: 235 Old Sanford Oviedo Road Property Owners: MNK Inc. Applicant Address: 235 Old Sanford Oviedo Road Winter Springs, F132708 Property Appraiser Parcel I.D numbers: 34-20-30-5AW-0000-0070 34-20-30-5AW-0000-007A Property Acreage: Approximately 2.31 acres Property Legal Descriptions: See (Attachment D - Legal Description) Current Future Land Use: Seminole County "Industrial" Proposed Future Land Use: City of Winter Springs "Industrial" Existing Zoning: Seminole County "Industrial (M-1)" Proposed Zoning: City of Winter Springs "Light Industrial (I-1) " 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. The requested annexation will allow the existing Unlimited Welding business to acquire City of Winter Springs utilities. The welding business has operated at this location since 1994. The surrounding area is generally characterized by industrial uses both in Seminole County and the City of Winter Springs. Existing Land Uses Zoning Future Land Use Subject Properties Existing'Unlimited Seminole County Seminole County Welding'business Industrial(M-1) "Industrial" North City of Winter Springs City of Winter Springs City of Winter Public Works Garage& Light Industrial(I-1) Springs"Industrial" Public Hearings 500 PAGE 2 OF 4- March 09,2015 Vacant Building South CSX Rail Line No Zoning No Land Use East aXsa Engineering Products Seminole County Seminole Industrial(M-1) -County "Industrial" West Hall Company Inc. City of Winter Springs City of Winter Springs Light Industrial(I-1) Industrial The application petition bears the signatures of all of the property owners and the parcel does not create any enclaves. 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. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The City has capacity to provide these parcels with the same urban services provided to other areas of the City. City water and sewer service are available to the subj ect properties. The subj ect properties are currently designated "Industrial" on the Seminole County Future Land Use Map. In addition, the subject properties are currently designated "Industrial (M-1)" on the Seminole County Zoning Map. If the property is annexed, the applicant's request for a Small Scale Comprehensive Plan Amendment changing the Future Land Use to City of Winter Springs "Industrial" and the request for Rezoning to City of Winter Springs "Light Industrial (I-1)" will then be considered by the City Commission. Findings: In analyzing the annexation request, it appears that all statutory requirements related to voluntary annexation have been satisfied. FISCAL IMPACT: The proposed voluntary annexation will provide additional taxable value to the City. The potential tax revenue of the existing 4,000 square foot welding business is estimated as follows: 4,000 square foot Welding Business assessed at approximately $336,751 $336,751/1000 = $336.75 $336.75 x (2.54) = $855.34 $855.34 (less the 4% statutory discount) = $821.13 annual tax revenue COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives Public Hearings 500 PAGE 3 OF 4- March 09,2015 on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Adjacent property owners have been notified by US mail. 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 January 9, 2015 (see Attachment C - Seminole County Board of County Commission Annexation Notification Letter). The proposed ordinance was advertised in the Orlando Sentinel on February 19, 2015 and February 26, 2015 (see Attachment D - Advertisement, Orlando Sentinel). In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: The Community Development Department — Planning Division requests that the City Commission hold a public hearing to consider First Reading of Ordinance 2015-04, which proposes to annex two (2) parcels totaling approximately 2.31 acres, located at 235 Old Sanford Oviedo Road. ATTACHMENTS: A. Location Map B. Ordinance 2015-04 C. Seminole County Board of County Commission Annexation Notification Letter D. Advertisement, Orlando Sentinel—February 19, 2015 & February 26, 2015 E. Draft Minutes -February 4, 2015 Local Planning Agency Public Hearings 500 PAGE 4 OF 4- March 09,2015 �.e _� _ '.i'., .. ..r.. .'� 4 � ,— t'r. -.:•`�`- �•"�: a ... .. _rte. S5 ON :c. - ei f fir Yy OVA 9' - - ATTACHMENT "B" ORDINANCE NO. 2015-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING TWO (2) PARCELS OF LAND COMPRISING APPROXIMATELY 2.3 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED AT 235 OLD SANFORD OVIEDO ROAD, 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 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. 2015-04 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. 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 City of Winter Springs Ordinance No. 2015-04 Page 2 of 2 EXHIBIT "A" Tax ID: 34-20-30-5AW-0000-0070 LEG LOT 7 (LESS W 55.5 FT& E 108 FT) LEG E 108 FT OF LOT 7 ENUMINGER FARMS ADD NO. 2 PB5PG9 Tax ID: 34-20-30-5AW-0000-007A LEG E 108 FT OF LOT 7 ENUMINGER FARMS ADD NO. 2 PB5PG9 ATTACHMENT "C" X474 COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs,FL 32708 Telephone(407)327-1800 Fax: (407)327-4756 January 9, 2015 (VIA CERTIFIED MAIL) Seminole County Board of County Commissioners C/O Nicole Guillet, AICP, Seminole County Manager 1101 East 1st Street Sanford, Florida 32771 Re: Proposed Annexation & Small Scale Plan Amendment - Tax Parcel Identification Numbers: 34-20-30-5AW-0000-0070 34-20-30-5AW-0000-007A Dear Ms. Guillet, The City of Winter Springs is forwarding to your attention a copy of the notice of a Annexation and Small Scale Plan Amendment for the aforementioned Seminole County Tax Identification Numbers for property herein referred to as the 'Unlimited Welding Property'. The subject property is located at 235 Old Sanford Oviedo Road (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 Industrial M-1 City of Winter Springs Proposed Future Land Use Proposed Zoning Industrial I-1 Light Industrial The current schedule for the Local Planning Agency and the City Commission of the City of Winter Springs to consider the Annexation and Small Scale Plan Amendment is as follows: Proposed Voluntary Annexation-Unlimited Welding-Notification Letter Seminole County Board of County Commissioners C/O Nicole Guillet, AICP, Seminole County Manager Pg. 2 • Local Planning Agency - Wednesday, February 4, 2015 at 5:30 or soon thereafter in the Commission Chambers, Winter Springs City Hall. • First Reading — Monday, March 9, 2015 at 5:15 or soon thereafter in the Commission Chambers, Winter Springs City Hall. • Second Reading —Monday, March 23, 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 roodruff(pwinterspringsfl.org. Sincerely, —VM- Randy Woodruff, AICP Senior Planner Enclosures: Exhibit A -Location Map CC: Anthony Garganese, City Attorney (via email) Randy Stevenson, AICP, ASLA, Community Development Director �� did"` �� �"i#[ � � +� C��'f��1�6 5��`t�(�►�L � � .�r € r ■ .......... UL LOWUN GIN �`OFR HCOMId PRIM WOLA _M RI N � � �,O � [[ ,€fir tGR ANAL Ir T F" ({Jkl�� � i }= ( gr��� � ff(F (■ 4�EE{FEYs-F [4.� fffR"{ yep EY4�(s�� �pW (mss � � � Ile,fµ�/� € r,€ €fir FIRITOR W BE o "Rom € { kk O �€ S, O m_ �� 44 EIA WA 06W _P 9-011 FRI TR IF 3 � oti ft �y (( r[ as pFk yr�tl hA a t{ [{ I � e}� [gyp r{J t � { V� { W€ 4t-M, fJH ffi _u w 51 4"GktS G k Lti 41 }2 8 44 Rkl t t 1{E� F'LEfGF hrld fEf7C� 1(fF � �tt[ EE cC -VIA, fuFuj € � r� tyre Oki A Wth,� tc : hrtytet -tlo or € aa d isro ade h � pr vrtkt rspeet t€r and " as� erI h rr suss �t ya � af =r ti ,< �6it�bi d6 Eft am 01 Vi ORCE WNW OF WIN Wt S HE,FOLLOWING No t� Tf1x6 Tf T 'ffTl Pfix 1 ,�` € t 1T NO ass, No � � S AL T FOR,0v �, � E _10 V8 1 tiff � �� u RO R Y T � 0 14 I SR Nk- r F, R M Tu It V � � fY '�7 -i.fiT jg� , �fT� � 2 ` ` �- WI-MM lff FAD �+ , Y✓ -� cY �� p�y�y ��-3�'�G3 - �pT3 amp gggg� �yp���EsRpvt €.." �Ckw7rT yy--� +34 F' ,t as e g€ €€�ffr pa I € a s € � ra t re air € r �ab � c a OR Vq ATTACHMENT "E" CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING FEBRUARY 4, 2015 CALL TO ORDER The Regular Meeting of Wednesday, February 4, 2015 of the Planning And Zoning Board/Local Planning Agency was called to Order at 5.30 p.m. by Chairperson Bob Henderson in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Bob Henderson,present Vice-Chairperson Howard Casman, present Board Member Sarah Miller, arrived at 5:31pm Board Member Bart Phillips, present Board Member Suzanne Walker,present Assistant to the City Clerk Antonia Della Donna, present A moment of silence was followed by the Pledge of Allegiance. No Agenda Changes were noted. Board Member Sarah Miller arrived at 5:31pm AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used INFORMATIONAL AGENDA INFORMATIONAL 200. Not Used CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 4,2015 PAGE 2 OF 5 PUBLIC INPUT Chairperson Henderson opened "Public Input". No one addressed the Planning and Zoning Board/Local Planning Agency. Chairperson Henderson closed "Public Input". CONSENT AGENDA CONSENT 300. Office Of The City Clerk The Office Of The City Clerk Requests That The Planning And Zoning Board/Local Planning Agency Review And Approve The Wednesday, January 7, 2015 Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes. "I MAKE A MOTION WE APPROVE THE MINUTES OF THE LAST MEETING." MOTION BY VICE-CHAIRPERSON CASMAN. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER PHILLIPS: AYE VICE-CHAIRPERSON CASMAN: AYE BOARD MEMBER MILLER: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. 400. REPORTS No Reports. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 4,2015 PAGE 3 OF 5 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Local Planning Agency Hold A Public Hearing To Consider Ordinance 2015-04, Which Proposes To Annex Two (2) Parcels Totaling Approximately 2.31 Acres, Located At 235 Old Sanford Oviedo Road. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department presented the Agenda Item and commented on Ordinance 2015-04. Continuing, Mr. Stevenson stated that Unlimited Welding, Inc. approached the City of Winter Springs about a Voluntary Annexation of 2.31 acres, in order to secure City Utility Services. Vice-Chairperson Howard Casman asked if the infrastructure to provide Utilities was already in place. Mr. Stevenson confirmed that it was and said, "We have the capacity." Chairperson Henderson opened "Public Input". No one spoke. Chairperson Henderson closed "Public Input". "I WILL MAKE A MOTION THAT WE APPROVE ORDINANCE 2015-04." MOTION BY VICE-CHAIRPERSON CASMAN. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER PHILLIPS: AYE VICE-CHAIRPERSON CASMAN: AYE BOARD MEMBER MILLER: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-FEBRUARY 4,2015 PAGE 4 OF 5 PUBLIC HEARINGS 501. Community Development Department—Planning Division The Community Development Department — Planning Division Requests That The Local Planning Agency/Planning & Zoning Board Hold A Public Hearing To Consider Both The Small-Scale Future Land Use Map Amendment And Rezoning For Approximately 2.31 Acres Located At 235 Old Sanford Oviedo Road As Described Within Ordinances 2015-05 And 2015-06. This Agenda Item was introduced by Mr. Stevenson who explained, "(Ordinance) 2015- 05 addresses the change of Land Use from `Industrial' in the County to `Industrial' in the City. Ordinance 2015-06 changes the Zoning from `M-1', which is an Industrial classification in the County, to 1-1', which is the Industrial classification in the City." Chairperson Henderson opened "Public Input". No one addressed the Planning and Zoning Board/Local Planning Agency. Chairperson Henderson closed "Public Input". "I WILL MAKE A MOTION WE APPROVE ORDINANCE 2015-05." MOTION BY VICE-CHAIRPERSON CASMAN. SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: BOARD MEMBER MILLER: AYE BOARD MEMBER PHILLIPS: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER WALKER: AYE VICE-CHAIRPERSON CASMAN: AYE MOTION CARRIED. "I WILL MAKE A MOTION THAT WE APPROVE (ORDINANCE) 2015-06." MOTION BY BOARD MEMBER WALKER. SECONDED BY BOARD MEMBER MILLER. DISCUSSION. VOTE: BOARD MEMBER WALKER: AYE CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE VICE-CHAIRPERSON CASMAN: AYE BOARD MEMBER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING—FEBRUARY 4,2015 PAGE 5 OF 5 REGULAR AGENDA REGULAR 600. Not Used PUBLIC INPUT Chairperson Henderson opened "Public Input". No one spoke. Chairperson Henderson closed "Public Input". In other City business, Board Member Bart Phillips asked if there was any progress regarding Florida Rails-to-Trails. Mr. Stevenson mentioned this should be referenced in Agenda Item Informational "200" and they are planning for it to go to the City Commission at the upcoming February 9, 2015 Regular Meeting. Mr. Stevenson added that they expect plans to be approved by the Governor and Cabinet by the third quarter of 2015. Much discussion followed on the SunRail and LYNX, Winter Springs residents' access to public transportation, current funding for SunRail, and park and ride lots. ADJOURNMENT Chairperson Henderson adjourned the Regular Meeting at 5:48 p.m. RESPECTFULLY SUBMITTED: ANTONIA DELLA DONNA ASSISTANT TO THE CITY CLERK APPROVED: BOB HENDERSON, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the ,2015 Planning And Zoning Board/Local Planning Agency Regular Meeting.