HomeMy WebLinkAbout1999 10 11 Public Hearings Item C
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COMMISSION AGENDA
ITEM C
Consent
Informational
Public Hearing X
Regular
October 11, 1999
Meeting
Mgr. /
Authorizati
1.
REQUEST:
The Community Development Department - Planning Division requests the City
Commission approve the first reading of Ordinance 745, to annex a 9.07 acre parcel.
PURPOSE:
The purpose of this Board Item is to request the Commission approve the first reading of
Ordinance 745 to annex a 9.07 acre parcel located on Tusca Trail at the intersection with
Fisher Road (aka Bird Ave.)
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 171. 044( I) Florida Statutes which states "The owner or owners of real
property in an unincorporated area of a county which is contiguous to a municipality and
reasonably compact may petition the governing body of a said municipality that said
property be annexed to the municipality."
The provisions of 171.044 F. S. which states "Upon determination by the governing body
of the municipality that the petition bears the signatures of all owners of property in the
area proposed to be annexed, the governing body may, at any regular meeting, adopt a
non-emergency ordinance to annex said property and redefine the boundary lines of the
municipality to include said property".
CDD/09/30/99/4:J2 PM
OCTOBER 11,1999
PUBLIC HEARING AGENDA ITEM C
Page 2
The City has expressed an interest in annexation in the past, (ref. 8-14-95 City
Commission meeting).
CONSIDERA TIONS:
. The owner of the subject property has requested annexation into the City.
· The applicant is the sole owner of the 9.07 acre property.
· The City has expressed an interest in annexation in the past (ref. 8-14-95 City
Commission meeting).
. The City has the capacity to service the property with sewer and water, as well as
provide the other urban services it currently provides to other areas of the City.
. Th adjacent parcels on the east side and south side of the intersection of Tusca
Trail are indicated as "Low Density Residential" (max. 4 DU per acre.) on the
County's Future Land Use Map. The parcels on the west side of the intersection,
in the County, are indicated as "Low Density Residential" and "Conservation" on
the County's Future Land Use Map.
· The adjacent parcels on the east side and south side of the intersection of Tuska
Trail are indicated as A-I "Agriculture" on the County's Zoning Map. The
adjacent parcels on the west side of the intersection, in the County, are indicted as
A-I "Agriculture" (1 DU per acre max.) and R-lAA "Single Family Dwelling"
(11,700 sq. ft. minimum lot size) on the County's Zoning Map.
FINDINGS:
. The owner of the subject property has requested annexation into the City.
. The applicant is the sole owner of the 9.07 acre property.
CDD/IO/OI/99/9:35 AM
OCTOBER 11, 1999
PUBLIC HEARING AGENDA ITEM C
Page 3
. The City has expressed an interest in annexation in the past (ref. 8-14-95 City
Commission meeting.
· The City has the capacity to service the property with sewer and water, as well as
provide the other urban services it currently provides to areas of the City.
STAFF RECOMMENDATION TO THE CITY COMMISSION:
Staff recommends the City Commission approve the first reading of Ordinance # 745
based on:
I. The findings indicated above.
2. Previous expressions of interest by the City for annexation;
IMPLEMENTATION SCHEDULE:
The City Commission would hold a public hearing for second reading of Ordinance 745
on October 25, 1999 and adopt Ordinance 745 to annex the 9.07 acre parcel. The
ordinance for annexation immediately takes effect upon adoption.
ATTACHMENTS:
A. Ordinance 745
B. Area map of annexation parcel.
C. Annexation application
D. Letter of invitation to annex
COMMISSION ACTION:
CDD/1O/OI/9919:37 AM
ORDINANCE 745
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
ANNEXING A 9.07 ACRE PARCEL OF LAND LOCATED
AT THE NORTHEAST CORNER OF THE
INTERSECTION OF TUSCA TRAIL AND FISHER
ROAD (aka BIRD ROAD); PURSUANT TO 171.044(1)(2)
AND 166.041 FLORIDA STATUTES; PROVIDING FOR
SEVERABILITY; CONFLICTS AND AN EFFECTIVE
DATE.
WHEREAS, Ms. Rita Renshaw, the owner of the following described property,
has petitioned the City of Winter Springs to be annexed into the City,
WHEREAS, annexation of this parcel is consistent with Chapter 171 Florida
Statutes.
WHEREAS, the City can better provide sewer and water service and other urban
seIVices to the subject parcel than the county.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of Winter Springs annexes the following described
real property in Exhibit llA" of this ordinance.
SECTION IT - If any section or portion of this Ordinance proves to be invalid,
unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force
or effect of any other section or portion of a section or subsection or part of this
Ordinance.
SECTION ill - That all Ordinances or parts of Ordinances in conflict herewith
are hereby repealed.
SECTION IV - This Ordinance shall take effect immediately upon adoption, in
accordance with 166.041(4) Florida Statutes and Section 4.15(c) of the City Charter.
PASSED AND ADOPTED this_day of
, 1999.
CITY OF WINTER SPRINGS
PAUL P. PARTYKA, MAYOR
ATTEST:
ANDREA LORENZO-LUACES
INTERIM CITY CLERK
1 ST READING
POSTED
2ND READING AND PUBLIC HEARING
EXHIBIT A
LEGAL DESCRIPTION:
Commence at the Southeast Corner of Section 11, Township 21 South,
Range 30 East, Seminole County, Florida, and run N. 88047'12" W. along
the South line of said Section 11, 1452.00 feet; thence run N.00014'58"E.
1177.63 feet; thence run N84026'51"W, 15.06 feet to the Point of
Beginning; thence continue N84026'51"W 489.52 feet to the eil:sterly
line of Fisher Road; thence S05028')4"W along said easterly line, 513.03
feet to a point on the arc of a curve concave to the west; thence
southerly along said curve havin9 a radius of 436.36 feet, a delta of
19030'OO",an arc distance of 148.51 feet to a point of reverse curvature
of a curve concave to the east; thence southerly along said curve, having
a radius of 436.36 feet, a delta of 01037' 26", an arc distance of 12~37
feet to the northerly line of a 30 foot easement(Tusca Trail); thence
S66037'43"E along said line, 215.76 feet to a point of curvature of
a curve concave to the north; thence easterly along' said curve having
a radius of 803.74 feet, a delta of 11009'42", an arc distance of
162.42'; thence S77047'24"E, 210.31 feet; to a -point of curvature of
a curve concave to the northwest; thence northerly along said curve
having a radius of 20.00 feet, a delta of 101057'28", an arc distance
of 35.59 feet; thence N00014'58"E, 775.59 feet to the Point of Beginning.
TOGETHER WITH EASEMENT RIGHTS TO:
TRACT "A"
Commence at the S.E corner of Section 11, Township 21 South, Range 30
East, Seminole County, Florida; Thence run N88047'12"W along the South
line of said Section 11, 1452.00 feet; Thence run NOoo14'58"E. parallel
with the East line of the aforementioned Section 11, 568.916 feet to
the S.W. corner of the "Richards" tract as described in O.R.B. 1231
at Page 601 of the Public Records of Seminole County, Florida;. .Thence
continue NOOo14' 58"E. parallel with the East line of the aforementioned
Section 11, along the West line of the "Richards" tract, 30.665 feet
to the S.E. corner and the Point of Beginning of the tract about to
be described, said point being the N.E. corner of New Tusca Trail; Thence
run N 77047'24"W along the Northerly line of New Tusca Trail, 40.014
feet; Thence run Easterly and Northerly along a curve concave
Northwesterly, having for its elements a radius of 20.00 feet, a central
angle of 101057'28" and a chord bearing of N51013'47"E for an arc
distance of 35.591 feet; Thence run. NOOo14'58"E, parallel with the East.
line of the aforementioned Section 11, 775.588 feet to the intersection
with the Southerly line of the D.R. Mitchell survey of Levy Grant as
recorded in Plat Book 1 at Page 5, Public Records of Seminole County,
Florida; Thence run S84026'51"E along said Southerly line of the Levy
Grant, 15.064 feet to the N.E. corner of the "Grindle" tract as recorded
in O.R.B. 1976 at Page. 904 of the Public Records of Seminole County,
Florida; Thence run SOOo 14' 58"E, parallel with the East line of the
aforementioned Section 11, along the East line of said "Grindle" tract
802.055 feet the Point of Beginning. Said parcel situate.. lying and
being in Seminole County, Florida.
TRACT "B" NEW TUSCA TRAIL
Commence at the S.E.. corner of Section 11, Township 21 South, Range
30 Ea.st. Seminole County, Florida; Thence run N88047'12"W along, the.;
South line of said Section 11, 1452.00 feet; Thence run N00014'58"'E,.
568.916 feet to the S.W. corner of the "Richards" tract as described
in O.R.B. 1231 at Page 601 of the Public Records of Seminole County,
Florida, said point being the S.E. corner and the Point of Beginning
of the tract about to b~ described; Thf!nt:e N77047'24"W alcng the I-Iesterly
projection of the St>utherly line of the aforementioned "Uichards" tract,
256.673 feet to the P.C. of a curve concave Northerly; Thence. run
Westerly along said curve having for its elements a radius of 833.740
feet and a central angle of 11009'41" for an arc distance of 16.2.415
feet; Thence run N66037'43"W 214.718 feet to a point on the Easterly'
right-of-way line of Fisher Road; Thence run Northeasterly rightof-way
line, along a curve concave Easterly, having for its elements a radius
of 436.-36 feet, a central angle of 3056'32" and a chord bearing of
N21022'52"E, for an arc distance of 30.024 feet; Thence run S66037'43"E,
215.761 feet to the P.C. of a curve concave Northerly; Thence run
Easterly along said curve, having for its elements a radius of 803.74
feet and a central angle of 11009'41" for an arc distance of 156.571
feet; Thence run S77047'24"E, 250.319 feet to a point on the West line
of the aforementioned "Richards" tract; Thence run SOOo 14' 58"W along
said Wes t 1 ine of the "Richards" tract, 30.665 feet to the Poin t Of
Beginning. Said lands situate, lying and being in Seminole County,
Florida.
CERl1FIED TO:
RITA RENSHAW
ATTORNEYS 111
AKERMAN. SEN'
DANIEL HUNTER
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CITY OF WINTER SPRINGS, FLORIDA
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1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1800
APPLICATION FOR ANNEXATION
APPLICANT: lleh~aLU
Last
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First
r
Middle
l~:mRESS: Ig" EaKer- ~+-
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It-~t~ no,;", S'pY'/1? sse~
PHONE: 339-.eS/9
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:s 2-7 0/
Zip Code
This is a request for annexation into the City of Winter Springs
of the property described below:
Address of Property proposed for annexation in the City:
ADDRESS:
City
State
Zip Code
Tax Parcel Number: 1/-;;21 - :3 0 - 300 - 0 Od-- 8 -- ()OOo
Size of Parcel: 9.D 7 -+- sq. ft./acres.
County Future Land Use Classification
County Zoning Category , act r-i C. L /l-t.u-e
A-/
. .
Intent of request for annexation into the City of Winter Springs:
-1C('>"r-r..-CJ. W ; ,,+f?r .(prl'''''rJ!
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TO BE SUPPLIED AT THE TIME OF SUBMISSION OF APPLICATION:
* A copy of the most recent survey of the subj ect property.
* A copy of the legal description.
* Notorized authorization of the owner (if applicant is
other than owner or attorney for owner) [See below].
* 11 X 17 map showing zoning and land use classifications
on adjacent property.
* Annexation Application Fee, which includes:
* Property with legal description up to 50 words
in length: $ 350
*
Each additional
portion thereof:
increment of 50 words or
$ 25
* NOTE: Property being annexed at invitation
of the City is exempt from above fees.
*****************************************************************
FOR USE WHEN APPLICANT IS THE OWNER OF SUBJECT PROPERTY
This is to certify that I am the owner in fee simple of subject
lands described above in the Application for Annexation.
SIGN
Sworn to and sUbsc.F ib~ b~ ore me
this~day of_~
19 q; , . f My
-q- ~~IJ.p~?",oo~J~c~~~~~ /c:(~f-l9 .
.~.If};, ~ l8{l?URES IaEC 00, 1~
~Personally Kno~ ;J;'i:L-~ ff)NiJ:T.:Q'1'X7'J 1 LI .~.on
~ Produced Identl.f l:c;:(,~~~pnh1~yp.~ u;l~;Ji ';D..rfjJPJ ffL'fi?1\ ub?o 13153 f J7.
**~**************************************************************
FOR USE WHEN APPLICANT IS NOT THE OWNER OF SUBJECT PROPERTY
SIGNATURE OF OWNER
Sworn to and subscribed before me
this day of
19
NOTARY PUBLIC
My Commission expires:
Personally Known
----Produced Identification/type of 1.0.
----Did take an oath
Did not take an oath
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Dept.
Planning Division
July 7, 1999
Ms.' Rita Renshaw
186 Baker Street
Altamonte Springs, FL 32701
Dear Ms. Renshaw:
The other day, I was driving just north of East Lake Drive on Fisher Road and noticed a
real estate for sale sign.
In looking at the Property Ownership Atlas put out by the Seminole County Property
Appraiser's Office, I noticed that the property(s) offered for sale are adjacent to the
corporate limits of the City of Winter Springs. On behalf of the City, I would like to
extend an invitation for you to consider annexation into Winter Springs.
The City can offer the following services:
. City water and sewer service;
. Better police response time than other law enforcement agencies in the
area;
. And the City's fire department has first response to the properties in that
area;
. The City of Winter Springs has the lowest millage rate of any city in the
county. Annexing into the city, a property owner will only pay seventy-
nine cents (.79) more per $ 1,000 of property value.
The city will waive annexation application fees, comprehensive plan amendment fees,
and rezoning fees if you accept this invitation by the City to include your property within
the City of Winter Springs. The City administration will expedite the processing of your
request for annexation, comprehensive plan amendment and rezoning upon receiving a
favorable request from you.
Please call me at 327-1800 # 303 if you have any questions or comments.
Sincerely,
Thomas Grimms, AI
Comprehensive P
Cc: Annexation File
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