ORDINANCE F. WHEREAS, the petition bears the signature of all applicable parties; and

Transcription

1 Return to: City Clerk City of Umatilla PO Box 2286 Umatilla, FL Ordinance 2015 F Annexation Hickey ORDINANCE F AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UMATILLA, FLORIDA, AMENDING THE BOUNDARIES OF THE CITY OF UMATILLA, COUNTY OF LAKE, STATE OF FLORIDA IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION AND SECTION , FLORIDA STATUTES, TO INCLUDE WITHIN THE CITY LIMITS APPROXIMATELY 0.17 ± ACRES OF LAND GENERALLY LOCATED WEST OF SR 19 AND SOUTH OF CR 42;DIRECTING THE CITY MANAGER TO PROVIDE CERTIFIED COPIES OF THIS ORDINANCE AFTER APPROVAL TO THE CLERK OF THE CIRCUIT COURT, THE LAKE COUNTY MANAGER AND THE SECRETARY OF STATE OF THE STATE OF FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Umatilla entered into an Interlocal Service Boundary Agreement (ISBA) with Lake County, Florida dated May 3, 2011 and amended on February 21, 2013, (the ISBA ) pursuant to Chapter 171, Florida Statutes, and the ISBA permits the City to annex certain property that is not contiguous to the City limits; and WHEREAS, a petition has been submitted for annexation of approximately 0.17 acres of land generally located west of SR 19 and south of CR 42 (the Property ) by Deanna Fox, as applicant, on behalf of Emory Hickey, Jr., the Owner; WHEREAS, the petition bears the signature of all applicable parties; and WHEREAS, the required notice of the proposed annexation has been properly published; and WHEREAS, the Property is identified in the ISBA as property that may be annexed by the City of Umatilla, although it is not contiguous to the City limits. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Umatilla, Florida, as follows: Section 1: Purpose and Intent. The following described property consisting of approximately.17 acres generally located west of SR 19 and south of CR 42, is hereby incorporated into and made part of the city limits of the City of Umatilla, Florida. The property is more particularly described as follows: LEGAL DESCRIPTION: Lot M of Francis J. Hinsons plan of Altoona, a subdivision located in Lake County, Florida, according to the plat thereof, as recorded in Plat Book 1, Pages 28 and 29, Public Records of Lake County, Florida. Parcel Alternate Key No Section 2. The City Clerk shall forward a certified copy of this Ordinance to the Clerk of the Circuit Court, the County Manager of Lake County, Florida, and the Secretary of State of Florida within seven (7) days after its passage on second and final reading. Section 3: Severability.

2 If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. Section 4. The property annexed in this Ordinance is subject to the Land Use Plan of the Lake County Comprehensive Plan and county zoning regulations until the City adopts the comprehensive Plan Amendments to include the parcel annexed in the City Comprehensive Plan. The structure located on the property referenced herein shall be considered a legally existing, nonconforming structure pursuant to the City of Umatilla s Land Development Regulations. Section 5. Utilities. The property is located within the City s Chapter 180, Florida Statutes, Utility District. The owner hereby agrees that the City shall be the sole provider of water and wastewater services to the property subject to this Ordinance when such services become available subject to the rules and regulations established by State and Federal regulatory agencies, and applicable City ordinances, policies, and procedures. For the purposes of this Section 5, available shall mean when the City s potable water system comes within 300 of the private water system or any of the central lines of such private system and when the City s wastewater system comes within 1,000 of the private treatment system or any central lines of such private system. Distances shall be measured as a curb line distance within the right of way or the centerline distance within an easement. The owner further agrees that when the City provides notice that such utilities are available; the owner shall connect to the applicable system within 12 months of the date of the City s written notice. Section 6: Transmittal. The City Clerk shall forward a certified copy of this Ordinance to the Clerk of Circuit Court, the County Manager of Lake County, Florida, and the Secretary of State of the State of Florida within 7 days of passage on second and final reading. Section 7: Effective Date. This Ordinance shall become effective immediately upon passage by the City Council of the City of Umatilla. PASSED AND ORDAINED in regular session of the City Council of the City of Umatilla, Lake County, Florida, this 5 th day of January _, Brian Butler Mayor ATTEST: Approved as to Form: Karen H. Howard, CMC Kevin Stone City Clerk City Attorney Passed First Reading December 15, 2015 Passed Second Reading January 5, 2016 (SEAL) 2 Ordinance 2015 F Annexation Hickey

3 CITY OF UMATILLA PUBLIC HEARING NOTICE The proposed Ordinances will be considered at the following public hearings: Umatilla Planning & Zoning meeting on December 8, 2015 at 7:00 p.m. Umatilla Land Planning Agency meeting on December 15, 2015 at 6:30 p.m. Umatilla City Council meeting on December 15, 2015 at 7:00 p.m. Umatilla City Council meeting on January 5, 2016 at 7:00 p.m. All meetings will be held at the Council Chambers, 1 South Central Avenue, Umatilla, Florida. ORDINANCE F AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UMATILLA, FLORIDA, AMENDING THE BOUNDARIES OF THE CITY OF UMATILLA, COUNTY OF LAKE, STATE OF FLORIDA IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION AND SECTION , FLORIDA STATUTES, TO INCLUDE WITHIN THE CITY LIMITS APPROXIMATELY 0.17 ± ACRES OF LAND GENERALLY LOCATED WEST OF SR 19 AND SOUTH OF CR 42;DIRECTING THE CITY MANAGER TO PROVIDE CERTIFIED COPIES OF THIS ORDINANCE AFTER APPROVAL TO THE CLERK OF THE CIRCUIT COURT, THE LAKE COUNTY MANAGER AND THE SECRETARY OF STATE OF THE STATE OF FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 2015 F-1 AN ORDINANCE OF THE CITY OF UMATILLA, COUNTY OF LAKE, STATE OFFLORIDA, RECLASSIFYING 0.17 ± ACRES OF LAND ZONED COUNTY COMMUNITY COMMERCIAL (C-2) TO THE DESIGNATION OF GENERAL COMMERCIAL (C-2) IN THE CITY OF UMATILLA FOR THE HEREAFTER DESCRIBED PROPERTY OWNED BY EMORY HICKEY, JR. LOCATED WEST OF SR 19 AND SOUTH OF CR 42; DIRECTING THE CITY MANAGER TO PROVIDE CERTIFIED COPIES OF THIS ORDINANCE AFTER APPROVAL TO THE CLERK OF THE CIRCUIT COURT, THE LAKE COUNTY MANAGER AND THE SECRETARY OF STATE OF THE STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 2015 F-2 AN ORDINANCE OF THE CITY OF UMATILLA, COUNTY OF LAKE, STATE OFFLORIDA, PURSUANT TO THE PROVISIONS OF FLORIDA STATUTE (1)(c); AMENDING THE LAND USE DESIGNATION OF 0.17 ± ACRES OF LAND DESIGNATED LAKE COUNTY RURAL TRANSITION TO CITY COMMERCIAL GENERAL IN THE CITY OF UMATILLA FOR THE HEREAFTER DESCRIBED PROPERTY OWNED BY EMORY HICKEY, JR. LOCATED WEST OF SR 19 AND SOUTH OF CR 42; DIRECTING THE CITY MANAGER TO PROVIDE CERTIFIED COPIES OF THIS ORDINANCE, AFTER APPROVAL, TO THE CLERK OF THE CIRCUIT COURT, THE LAKE COUNTY MANAGER AND THE SECRETARY OF STATE OF THE STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Ordinance 2015-F, Ordinance 2015 F 1,Ordinance 2015 F-2,the City of Umatilla Land Development Regulations, Comprehensive Plan, and the legal description of the property are available for inspection at the City Hall, during normal working hours 8:00 a.m.to 5:00 p.m. Persons with disabilities needing assistance to participate in any of these proceedings should contact Karen Howard, City Clerk, at (352) at least 48 hours before the date for the scheduled hearing. F.S If a person decides to appeal any decision or recommendation made by Council with respect to any matter considered at this meeting, he will need record of the proceedings, and that for such purposes he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City of Umatilla is an equal opportunity provider and employer.

4 CITY OF UMATILLA STAFF REPORT BY LPG URBAN & REGIONAL PLANNERS, INC. ANNEXATION, SSCPA AND REZONING Applicant: Owner: Deanna Fox Emory Hickey, Jr. General Location: West of SR 19 and South of CR 42 Number of Acres: Existing Zoning: Proposed Zoning: Existing Future Land Use: Proposed Future Land Use: County Community Commercial (C-2) General Commercial (C-2) County Rural Transition Commercial General Date: November 9, 2015 Description of Project The applicant has requested annexation, small scale comprehensive plan amendment, and rezoning pursuant to the ISBA agreement and to receive city water services. The site is currently utilized as a hair salon and is part of the existing SR 19 commercial corridor in the Altoona area. Surrounding Zoning Surrounding Land Use North County Community Commercial (C-2) County Rural Transition (Hartman Auto Repair) South County Community Commercial (C-2) County Rural Transition (Nature s Pharmacy) East County Community Commercial (C-2) and City Public Facilities District (PFD) County Rural Transition (Allen s Well Drilling) West County Community Commercial (C-2) County Rural Transition and City Institution (Lakeview Terrace) Assessment ANNEXATION The applicant would like to annex into the City of Umatilla pursuant to the ISBA agreement between the City of Umatilla and Lake County. The property is not currently contiguous to the Umatilla City limits; however, it is within an area identified in the Interlocal Service Boundary Agreement (ISBA) which allows 1

5 for land identified within the document to be voluntarily annexed regardless of contiguity. was originally adopted in 2011 and was revised in The ISBA SMALL SCALE LAND USE AMENDMENT This property is located within the County s Rural Transition land use category, which is defined as follows: Agriculture and forestry, Residential, Passive parks, Equestrian related uses, K-12 schools, Religious organizations, and Rural Support uses as provided for in this Comprehensive Plan. The subject site is located within the Rural Support Corridor which extends along SR 19 from Baker Road to East Altoona Road. The amendment is in compliance with Policy REZONING The property is currently located in the County s Community Commercial (C-2) zoning district. The requested zoning of General Commercial (C-2) is compatible with the existing area and existing use; however, it appears that the existing structure would be considered a non-conforming structure due to setbacks and lack of improved parking; therefore the property would be subject to the City s nonconforming regulations (Chapter 3, Section 7). Recommendation ANNEXATION Parcels delineated within Exhibits B and C of the ISBA may be annexed into the City regardless of contiguity, pending approval by the City Council. While the property is not contiguous to the City limits, it is located within the ISBA that was approved by both Umatilla and Lake County. Staff recommends that the requested annexation be approved. SMALL SCALE LAND USE AMENDMENT The requested land use of General Commercial is consistent with the City s comprehensive plan (Policy and ) and is compatible with adjacent land uses. Staff recommends that the land use of General Commercial be approved. ZONING Staff recommends approval of the rezoning. 2

6 Legend Umatilla City Limits Lake County Boundary Interlocal Agreement Areas of Interest SR 19 CITY OF UMATILLA PROPOSED ISBA Future Amended Land Exhibit Use Map B µ 1 inch = 3,000 feet CR 450 R 4 50 SR 19 CR 44 A N CR 44A Proposed ISBA Expansion Project: 399_Umatilla File: Umatilla Proposed ISBA.mxd Date: Revised: Created By: J.Wilson