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HomeMy WebLinkAbout2016 01 11 Public Hearing 400 Northern Oaks AnnexCOMMISSION AGENDA ITEM 400 REQUEST: Informational Consent Public Hearings X Regular January 11, 2016 KS RS Regular Meeting City Manager Department The Community Development Department — Planning Division requests that the City Commission hold a public hearing to consider Second Reading and Adoption of Ordinance 2015 -01, which facilitates the voluntarily annexation of two (2) parcels totaling approximately 20.48 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 20.48 gross acres in size. The parcels are located just east of the intersection of State Road 434 and State Road 417 (see Attachment A - Location Map). Ordinance 2015 -01 proposes the voluntary annexation of approximately 20.48 gross acres of property for future development within the City of Winter Springs (see Attachment B - Ordinance 2015 -01). City Commission considered the First Reading of Ordinance 2015 -01 on January 26, 2015. At the December 14, 2015 City Commission meeting this item was postponed to the date certain of the January 11, 2016 meeting to allow the City Attorney and Staff to evaluate the issues raised during the meeting by the adjacent property owner (Hendrix). CONSIDERATIONS: Applicant Name and Address: Madichristo Land Holdings, LLC 1520 Whitstable Court Lake Mary, FL 32746 Public Hearings 400 PAGE 1 OF 5 - January 11, 2016 Property Owner: Janet Mann Trustee FBO 1751 Firehouse Lane Apt. 102 Orlando, Fl 32814 -6441 04- 21 -31- 300 - 0090 -0000 William Wilson 3128 Penwa Court Longwood, FL 32779 -3109 04- 21 -31- 300 -009A -0000 Property Address: None Property Parcel ID'S: 04- 21 -31- 300 - 0090 -0000 04- 21 -31- 300 -009A -0000 Property Acreage: Approximately 20.48 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 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 applicant is petitioning the City to voluntarily annex two (2) parcels totaling approximately 20.48 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 of the 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 Public Hearings 400 PAGE 2 OF 5 - January 11, 2016 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. 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 but, in fact, eliminates all but a small portion of what has been a large enclave. 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. Public Hearings 400 PAGE 3 OF 5 - January 11, 2016 Existing Land Uses Zoning Future Land Use Subject Vacant Property Seminole County: Seminole County: Properties Agriculture "A -1 " Suburban Estate North Vacant City of Winter Springs: No Zoning =Springs: South Vacant Property, Single- City of Oviedo City of Oviedo Family Residential W -1 & C -1 Low Density Residential & Commercial East Vacant Property City of Winter City of Winter Springs: Neighborhood Springs: Commercial "C -1" Commercial West Single- Family City of Winter Springs: City of Winter Residence; Antique Greeneway Interchange Springs: Shop; Vacant Property District "GID" Greeneway Interchange Seminole County: District; Agriculture "A -1" Seminole County: 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 but, in fact, eliminates all but a small portion of what has been a large enclave. 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. Public Hearings 400 PAGE 3 OF 5 - January 11, 2016 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 -1" will then be considered by the City Commission under Item 502. 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: 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 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. 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 advertised in the Orlando Sentinel on December 3, 2015 (see Attachment E - Advertisement, Orlando Sentinel) and on December 10, 2015. Public Hearings 400 PAGE 4 OF 5 - January 11, 2016 The Community Development Department — Planning Division recommends that the City Commission postpone the second reading and adoption of Ordinance 2015 -01, a voluntarily annexation of two (2) parcels totaling approximately 20.48 gross acres, more or less, to a date to a date certain of February 8, 2016 to allow for the City Attorney and Staff to continue to evaluate the issues raised by the adjacent property owner (Hendrix) during the December 14, 2015 City Commission Meeting. 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 3, 2015 F. City Commission Meeting Minutes - January 26, 2015 G. Draft City Commission Meeting Minutes - December 14, 2015 Public Hearings 400 PAGE 5 OF 5 - January 11, 2016 ll 4� E Lake Mary giWif LOCATION MAP SEMINOLE COUNTY FL Central Winds Late Jesup Park SITE LOCATION % S' m n SR -434 E— SR -434 W — - SR- 434SR?. rr t �r a Q � F Wlnt @r Spfi r A e& " ?usaawdla 419 �'' Round a Country L ake 0 Club yl Broadway St y Park �f > CaT Oviedo K r r= •- 6 pA 'Mail rA V q Lake Rd _ E Mitchell Hatnnmock Rd 0: Oviedo z IBug i+ a p N in Rrv�rs ti 3aif ='I��b �r:.4rr, {::CAF^ u• ~ A b Cr 4y V7 � ix 2300 Maitland Center Parkway Suite 101 0 Maitland Florida, 32751 .7 Phone - (407) 664 -2120 GROUP maitland@ibigroup.com 1 hch = :5,280 feet 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 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. 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. 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 C/O 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 j Existing Future Land Use Existing Zoning Suburban Estate A -1 City of Winter Springs Proposed Future Land Use Proposed Zoning HMedium 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 C/O 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 rwoodruff(a wintersprin sg fl.org. Sincerely, i 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) 'n4 asear'd -£947 -Lo+l .UOwp;ld 3'yoanyD eW iGew uo panol )soy; J04 V111Luezi Ilured 0 '7'aaaI ti a4e }S Paay ;n-I ePUOIN 'IApyaq . ' e y4)M iC wel fads -a .U" 3uudS 'W L9e P$eyy san4.L JnOJR I slyl JOOZI jilq!s cods OyM )g L047 UeS jaD and )aS )UP oa nd 40 M IS s A le III •.!7S s; 'e$ U 'Si •u '17ssg ja 00*, sfiepsa '*ASS s; pup Si .W 'd `47999 ai sgul. u) "7999 -L. aa4ui 00'7'J@ as 0£ :Ol-0 '£9 amel; aMpl ; .w•p 0 pinogs sa sage saol) 'aaa� pjojx0 t\ Aiunc G2 I Orlando Sentinel Thursday, December 3,201S SE NOTICE OF PUBLIC HEARING I CITY OF WINTER SPRINGS NOTICE IS HER GIVEN THAT THE CITY COMMISSION PROPOSE TO ADOPT THE FOLLOWING; 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 SPRINGS CHARTER, ARTICLE OF WINTER it' INTO NDARIES, THE TO INCORPORATE THE REAL P CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING INCONSISTENT AND RESOLUTIONS, EFFECTIVE DATE. SEVEITSAD ILOCA f 1()N MAP 5IZ 417 SU13JECT `' I'ROt'ER "TIES CITY COMMISSION SECOND READING /ADOPTION PUBLIC HEARING WILL BE HELD ON MONDAY, DECEMBER 14, 2015 AT 6:00 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinances and complete legal description by meets and bounds may be obtained by interested Parties between 8 a.m. and 5 p.m., Monday through Friday, from the office of the City Clerk, located at 1126 E. SR 434, Winter Springs, Florida. For more information, (407) 327 -1800 #227. Persons with disabilities needing to participate in an call tthe Employee to y Of these proceedings g assistance of the Lions Department Coordinator, 48 hours t i public hearing. t meeting at (407) 327.1800 #236. This is may appear at the I terested parties are advised that they to the you decide to appeal any to and be heard with res proposed ordinance. If pect recommendation or decision made b with respect to any matter considered at this meeting, ) need a record of the proceed in s, y Commission May need to ensure that a verbatim record of the praceedingsl is made u purposes, you upon which the appeal is based. li 1 P E C 4 tl Li T C R( gi di H( CI Ci CE Dr M1 40 grc fro enj ME de) ind vas Res the mo Ser Libc CC as fors B. 3:3C Cas Cen Driv, 407 ju elen schc adva P.m. ATTACHMENT "E" ATTACHMENT T11 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2015 PAGE 16 OF 25 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 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. This Public Hearing was also advertised in the Orlando Sentinel on January 15, 2015. RECOMMENDATION: The City Attorney and Police Chief recommend that the City Commission approve Ordinance 2015 -07 on Second Reading. Attorney Garganese read Ordinance 2015 -07 by "Title" only. Mayor Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. RELATED TO ORDINANCE 2015 -07, "MOTION TO APPROVE." MOTION BY COMISSIONER HOVEY. SECONDED BY COMMISSIONER RESNICK. DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE COMMISSIONER CANNON: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CARROLL: AYE COMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a public hearing to consider First Reading and Transmittal of 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. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2015 PAGE 17 OF 25 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 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. 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). The Community Development Department — Planning Division requests that the City Commission hold a public hearing to consider First Reading and Transmittal of 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. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER CARROLL. DISCUSSION. MOTION CARRIED UNANIMOUSLY WITH NO OBJECTIONS. Attorney Garganese read Ordinance 2015 -01 by "Title" only. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department stated, "There is a boundary survey that was provided in your packet this evening; and in accordance with the Florida Statutes, you will find a metes and bounds survey when it comes back to you in April, for the Adoption." Mayor Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. Mr. Randy Morris, RM Strategies, Inc., Principal, 2438 Via Sienna, Winter Park, Florida: addressed the City Commission on this proposed project and said he was representing the Applicant, and remarked, "We also want to thank your Staff for their professional help through this whole process. It's been a delight working with you all." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2015 PAGE 18 OF 25 Commissioner Carroll asked if the name "Northern Oaks" was fully confirmed. Mayor Lacey spoke for the Record and mentioned, "The new `Northern Oaks' is actually a little bit south of `Southern Oaks'." Mr. Morris remarked, "I will certainly take this up with my client." Commissioner Hovey suggested, "Winter Springs Oaks ". Commissioner Cannon asked, "Do you have reason to believe there is any encroaching easements or structures or cell phone towers..." Mr. Morris stated, "...There is a cell phone tower on the property but you'll be discussing that at the follow -up." Mr. Morris added, "We'll be back on that." REGARDING ORDINANCE 2015 -01, "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER HOVEY. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER RESNICK: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing to consider First Reading and Transmittal for both the Large -Scale Future Land Use Map Amendment and Rezoning for approximately 18.67 acres, generally located just east of the intersection of State Road 434 and State Road 417 as described within Ordinances 2015 -02 and 2015 -03. In addition, staff recommends placing the subject property within Traffic Concurrency Exemption Area (TCEA) Zone C and simultaneously updating the existing City of Winter Springs TCEA Zone Map to reflect said change. FISCAL IMPACT: The proposed Large Scale future Plan Amendment will increase the possibility of additional taxable value to the City and potentially spur the increase of future residential, commercial and/or office development activity within this particular area. A detailed Fiscal Impact Report will be performed once specific development plans are made available. 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 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. ATTACHMENT "G" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2015 PAGE 13 OF 33 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 forwarded individuals is City's Website, Oda electronically to the noted above, and which also available on the 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 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. RECOMMENDATION: The City Attorney and City Manager recommend that the City Commission approve Ordinance No. 2015- 23 on Second and Final Reading. Attorney Garganese read Ordinance 2015 -23 by "Title" and added, "The only two (2) minor changes were to the second and third recitals where I inserted the date under which the School District awarded the Solid Disposal Agreement which was October 81h, 2013 and the Termination Agreement of the school agreement between WCA and the School District is October 31, 2018." Mayor Lacey opened the "Public Input " portion of the Agenda Item. No one spoke. Mayor Lacey closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ORDINANCE NUMBER 2015 -23." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER CANNON: AYE COMMISSIONER CARROLL: AYE COMMISSIONER RESNICK: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a public hearing to consider Second Reading and Adoption of Ordinance 2015 -01, which facilitates the voluntarily annexation of 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. ATTACHMENT "G" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2015 PAGE 14 OF 33 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: 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 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. 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 advertised in the Orlando Sentinel on December 3, 2015 (see Attachment E - Advertisement, Orlando Sentinel) and on December 10, 2015. RECOMMENDATION: The Community Development Department — Planning Division requests that the City Commission hold a public hearing to consider Second Reading and Adoption of Ordinance 2015 -01, which facilitates the voluntarily annexation of 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. Attorney Garganese read Ordinance 2015 -01 by "Title" only. Mayor Lacey opened the "Public Input "portion of the Agenda Item. Dr. Cheryl Bowles, 515 Green Spring Court, Winter Springs, Florida: commented about a litigation situation with the property owner related to lot lines. Brief comments followed. Dr. Bowles added," That's what is in litigation right now, proving where the lot line is." With further comments, pr. Bowles mentioned that she had a copy of the pending litigation and Attorney Garganese said he would like to review and analyze the document and suggested that if there was litigation, this matter could be postponed. Dr. Bowles gave a document to the City Clerk. ATTACHMENT "G" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 14, 2015 PAGE 15 OF 33 Mayor Lacey closed the "Public Input" portion of the Agenda Item. Continuing, Mayor Lacey then stated, "I would suggest if you want to contemplate postponing — to postpone it to the time certain of the January 11"', [2016] meeting of the Commission." "SO MOVED." MOTION BY COMMISSIONER HOVEY. 24 ATTORNEY GARGANESE ADDED, "POSTPONE TO THE NEXT REGULAR MEETING — OF JANUARY 11, [2016]." COMMISSIONER HOVEY AGREED. MAYOR LACEY THEN SAID, "SECONDED BY COMMISSIONER CARROLL ". DISCUSSION. VOTE: COMMISSIONER RESNICK: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department - Planning Division REQUEST: The Community Development Department — Planning Division requests that the City Commission hold a Public Hearing to consider Second Reading and Adoption for both the Large -Scale Future Land Use Map Amendment and Rezoning for approximately 18.67 acres, generally located just east of the intersection of State Road 434 and State Road 417 as described within Ordinances 2015 -02 and 2015 -03. In addition, staff recommends placing the subject property within Traffic Concurrency Exemption Area (TCEA) Zone C and simultaneously updating the existing City of Winter Springs TCEA Zone Map to reflect said change. FISCAL IMPACT: The proposed Large Scale future Plan Amendment will increase the possibility of additional taxable value to the City and potentially spur the increase of future residential, commercial and/or office development activity within this particular area. A detailed Fiscal Impact Report will be performed once specific development plans are made available. 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 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.