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HomeMy WebLinkAbout2000 03 27 Public Hearings C First Reading - Ordinance 2000-08 Annexation 29 Acres of L.D. Plante Property COMMISSION AGENDA ADD-ON ITEM C Consent Informational Public Hearing X Regular March 27, 2000 Meeting -~ ~ Mgr. I ept. Authorization - - REQUEST: The Community Development Department - Planning Division requests the City Commission hold a first reading of Ordinance 2000-08 to annex 29 acres of the L.D. Plante Property. PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for first reading of Ordinance 2000-08 to annex 29 acres of the L.D. Plante Property, located on the west side of Tuskawilla Road and on the south side of Milky Way Road. The property in question is contiguous to the proposed Town Center District boundary. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 171. 044( 1) 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 Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the State to eliminate enclaves." [ref. 171.046(1) F.S. ] 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 CDDlMarch 23, 2000/4:03 PM MARCH 27, 2000 PUBLIC HEARING AGENDA ADD-ON ITEM C Page 2 ordinance to annex said property and redefine the boundary lines of the municipality to include said property." The City has expressed an interest in annexation in the past. [ ref. 8-14-99 City Commission meeting] CONSIDERATIONS: . CHC Development Company, Inc. is the contract purchaser of the 29 acre L.D. Plante Property . The 29 acre parcel is adjacent to the southern boundary of the proposed Town Center District. . The contract purchaser, CHC Development Company, Inc. has requested the 29 acre parcel become part of the Town Center District . The contract purchaser has expressed and interest in developing a single family residential subdivision after annexation, possibly with a commercial component. · The City has expressed an interest in annexation in the past (ref. 8-14-99 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. . The subject property is currently designated "Medium Density Residential" (10 DU per acre maximum) on the County Future Land Use Map, and "Conservation" on the central east portion of the property. . On the City's Future Land Use Map, the adjacent parcel (Tuskawilla Trail Manufactured Home Park) on the west side is designated "Moderate Density Residential" (3.6 - 6.5 DU per acre); on the north side the land is designated "Mixed Use" (10 DU per acre maximum); on the south side the adjacent area (Oak Forest) is designated "Low Density Residential" (1.1 - 3.5 DU per acre max.). On the east side is Tuskawilla Road and on the east side of the road is the High Flavor Meat Plant and the remainder portion of the L.D. Plante Property. This area is designated "Industrial" on the County Future Land Use Map. · The subject property is currently zoned County designation A-I "'Agriculture" (1 DU per acre max.). CDD/March 23, 2000/4:29 PM MARCH 27,2000 PUBLIC HEARING AGENDA ADD-ON ITEM C Page 3 . The adjacent property is currently zoned: on the west side R-T "Mobile Home Park District"~ on the south side PUD "Planned Unit Development"~ on the east side (County) zoned A- 1 "Agriculture"; on the north side R-T "Mobile Home Park District", R-3 "Multi Family Dwelling District", and C-l "Neighborhood Commercial". FISCAL IMPACT: None STAFF RECOMMENDATION TO THE LOCAL PLANNING AGENCY: Staff recommends that the City Commission hold a public hearing on the first reading of Ordinance 2000-08 to annex the 29 acre L.D. Plante Property into the City with the following conditions: 1. That the contract purchaser agree to a new Future Land Use designation on the City's Future Land Use Map. 2. That the contract purchaser agree to the a new zoning designation of Town Center District on the City's Zoning Map. IMPLEMENTATION SCHEDULE: The ordinance to annex the 29 acre L.D. Plante Property on the west side of Tuskawilla Road would take effect immediately upon adoption on April 10, 2000 per 4.15(c) City Charter. ATTACHMENTS: A. Ordinance 2000-08. B. Location map of the subject property. C. Exhibit "A" (Survey of the subject property). D. Letter from L.D. Plante COMMISSION ACTION: CDDlMarch 23,2000/4:29 PM ATTACHMENT A ORDINANCE 2000-08 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ANNEXING A 29 ACRE PORTION OF THE L. D. PLANTE PROPERTY ON THE WEST SIDE OF TUSKA WILLA ROAD, SOUTH OF MILKY WAY ROAD AND MORE PARTICULARLY DESCRIBED BELOW; PURSUANT TO 166.041 FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, CHC Development Company, Inc., the contract purchaser of the following described property, has petitioned the City of Winter Springs to be annexed into the City; WHEREAS, the City Commission expressed its interest in annexation in the past. [ref. 8-14-95 City Commission meeting] WHEREAS, the 29 acre portion of the L. D. Plante Property is in a county enclave adjacent to a major street intersection of the City, WHEREAS, "The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the State to eliminate enclaves." [ref. 171.046(1) F.S. ] NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1- Recitals: The foregoing recitals are tnle and correct and are fully incorporated herein by this reference. Section 2 - Purpose and Intent: It is hereby declared to be the purpose and intent of this Ordinance to annex the 29 acre portion of the L. D. Plante Property on the west side of Tuskawilla Road, as described in Exhibit "A" of this ordinance. Section 3 - Repeal of Prior Inconsistent Ordinances and Resolutions: All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4 - Severability: . If any section, subsection sentence, clause, phrase, ,. word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 5 - Effective D~te: The effective 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 , 2000 CITY OF WINTER SPRINGS PAUL P. PARTYKA, MAYOR ATTEST: ANDREA LORENZO-LUACES CITY CLERK 1ST READING POSTED 2ND READING AND PUBLIC HEARING ATTACHMENT B . . ;. '.' - ,'. '. . - \ \ L \ 1 : \ \ \ __L_.J--1 -- ---- -.,-- \ \ \ i \ TOWN CENTER DISTRICT BOUNDARY ~: .' .f .;:.......~z- .' ,;.'.. .... ..... ., ':':. y::.~~;;~~... ~- .....,.-.. .... . '. \ i i i \ I i I I l._. .It lIOHl 434 \ \ \ \ I i \ 1 I -......_~....-. ; "! J I I I I I \. I I , I ,,- ,,- / I I I \ \ \ \ .>! \ I I I \ ANNEXATION PARCEL -..._~. -'-'. i \ I I \ \ \ I I \ I '- _.L. -- .i I L: 1-_ r~Tiroco' :' ;-.:. ---= ~ fIl,..." ATTACHMENT C EXHIBIT "A" ,:-SCR I P TI ONS: METES AND BOUNDS DESCRIPTION: (WRITTEN BY SUllVEYORI BEGIN AT THE SOUTHWEST CORNER OF LOT 63. -TUSKAWILLA-. D.R. MITCHELL'S SURVEY OF THE LEVY GRANT. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I. PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA AND RUN S 87'02'05-E ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF THE CERTAIN 30 FOOT RIGHT-OF-WAY ALONG THE SOUTHERLY LINE OF SAID -TUSKAWILLA-. 1145.76 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF TUSKAWILLA ROAD AS SHOWN ON SEMINOLE COUNTY PUBLIC WORKS DEPARTMENT RIGHT-OF-WAY MAP OF TUSKAWILLA ROAD PHASE IV. SAID POINT LYING ON A CURVE CONCAVE NORTHWESTERLY. HAVING A RADIUS OF 5677.58 FEET. A CHORD OF 291.14 FEET. AND A CHORD BEARING OF N 11049'43-E: THENCE RUN NORTHEASTERLY ALONG SAID CURVE. AN6 RIGHT-OF-WAY LINE. 291.18 FEET THROUGH A CENTRAL ANGLE OF 2056' IB- TO THE POINT OF REVERSE CURVATURE OF A CURVE. CONCAVE SOUTHEASTERLY. HAVING A RADIUS OF 5781.58 FEET. A CHORD OF 147.77 FEET. AND A CHORD BEARING OF N 11'05'33-E: THENCE RUN NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE AND CURVE. 147.77 FEET: THENCE DEPARTING SAID CURVE AND RIGHT-OF-WAY LINE RUN N 00'06'13-E. 51.09 FEET: THENCE RUN N 30024'S5-W. 60.00 FEET: THENCE RUN N 4s030'24-W. 146.05 FEET: THENCE RUN S 77'09'IS-W. 36.88 FEET: THENCE RUN S 21001 'OO-W. 60.84 FEET: THENCE RUN S 13'37'33-W. 72.97 FEET: THENCE RUN N S2026-SS-W. 52.37 FEET: THENCE RUN S Ss026'46-W. 62.62 FEET: THENCE RUN S 60026'2S"W. 40.33 FEET: THENCE RUN S 790~8' IS-W. 60.50 FEET: THENCE RUN S Iso02'S8-E. 70.34 FEET: THENCE RUN N 62034'46-W. 106.99 FEET: THENCE RUN N 62047'09-W. 95.32 FEET: THENCE RUN S 7I044'19-W.. 62.62 FEET: THENCE RUN N 62023'13-W. 166.51 FEET: THENCE RUN N 870I4'19:W. 194.43 FEET: THENCE RUN N 27"29'37"E. 69.65 FEET: THENCE RUN N 2IOS0'46'W. 60.65 FEET: THENCE RUN N 76022'07-W. 6(.47 FEET: THENCE RUN S 630I7'04-W. 40.69 FEET: THENCE RUN N 020S7'5S-E. 165.18 FEET: THENCE RUN S 67002'04-E. 966.05 FEET: THENCE RUN S 4s030'23-E. 213.45 FEET TO A POINT ON A ON THE WESTERLY RIGHT-OF-WAY LINE OF TUSKAWILLA ROAD AS SHOWN ON SAID SEMINOLE COUNTY PUBLIC WORKS DEPARTMENT RIGHT-OF-WAY MAP OF TUSKAWILLA ROAD PHASE IV. SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 5781.58 FEET. A CHORD OF 131.69 FEET. AND A CHORD BEARING OF N 13"29'46-E: THENCE RUN NORTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY L!NE. 131.69 FEET THROUGH A CENTRAL ANGLE OF 1016' 18- TO THE POINT OF TANGENCY: THENCE RUN N 14008'SS-E ALONG SAID EASTERLY RIGHT-OF-WAY LINE. 239.54 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 37 OF SAID -TUSKAWILLA-: THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE RUN S 67'02'06-E ALONG THE NORTHERLY LINES OF SAID LOT 37 AND LOT 40 OF SAID -TUSKAWILLA- AND WESTERLY EXTENSION THEREOF. 326.16 FEET TO A POINT ON THE CENTERLINE OF THAT CERTAIN RIGHT-OF-WAY LYING BETWEEN LOTS 24 AND 25 ON THE NORTH. AND LOTS 58 AND 55 ON THE SOUTH OF SAID -TUSKAWILLA-. VACATED IN OFFIC"IAL RECORDS BOOK 1050. PAGE 401 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA: THENCE RUN N 03038'32-E ALONG SAID CENTERLINE. 480.02 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE NORTHERLY.LINE OF SAID LOT 25: THENCE DEPARTING SAID CENTERLINE. RUN N 87002"07-E ALONG THE SOUTHER~Y RIGHT-OF-WAY LINE OF THAT CERTAIN RIGHT-OF-WAY LYING BETWEEN LOTS 2 AND 17 ON THE EAST AND LOTS 15 AND 32 ON THE WEST OF SAID -TUSKAWILLA-. 930.34 FEET TO THE NORTHWEST "CORNER OF SAID LOT 32: THENCE RUN S 03037'41-W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF THAT CERTAIN 30 FOOT RIGHT-OF-WAY ALONG THE WESTERLY BOUNDARY LINE OF SAID -TUSKAWILLA-. 1380.05 FEET TO THE POINT OF BEGINNING: CONTAINING 1292227.16 SOUARE FEET (29.6655 ACRESl. " ATTACHMENT D MAR-23-00 THU 03:28 PM ZSK & S W.P..ZHOOO OZ:OlP~1 FROM-lAWW1CE R STEINER, P.A FAX NO. 407 418 1251 P. 02/:> ~OHrHm T-209 P,ODZ/ODZ F-7S9 LQ IDJ () lFl~IDlli~9 TIIffi~o - ," ....:.--:-~.:._'.,I...~. .:'.. P. O. Box 151117 Altamont~ Spri-ngs, FL 32/15-1117 , ~.':. l../_ ~... ..-. .-' .... '.' .: February 3.2000 City Of Winter Springs To whom it TJ1aY concern: eHe Development has my authorization to rotition for <In.n~ation into Winter Springs. SiO;~~f D01'I. Plante ..----"""-- .----- . .--_. LAW OFFICES AMARI & THERIAC, P.A. Attorneys and Counselors At Law Richard S. Amari Nicholas B. Bangos* Kohn Bennett Bradly Roger Bettin, Sr. Anthony A. Garganese + Mitchell S. Goldman J. Wesley Howze Matthew .J. Monaghan Mark S. Peters David M. Presnick Charles R. Steinberg .James S. Theriac, III Reply To: Cocoa P.O. Box Mariner Square 96 Willard Street, Suite 302 P.O. Box 1807 Cocoa, Florida 32923-1807 Telephone (321) 639-1320 Fax (321) 639-6690 Imperial Plaza Suite BI04 6769 N. Wickham Road Melbourne, Florida 32940 Telephone (321) 259-6611 Fa~ (32~5J-6624 * Admitted AL, FL +Board Certified City, County, & Local Government Law March 20, 2000 -P.H~I 4--1;~~- )k:<;, ~~ C\~ O~ / ~ ~l ~ 'ft-.- ..L.:-[ S ~ ~ 3f~'(U0 ~? FAX TRANSMITTAL SHEET TO: Tom Grimms Comprehensive Planning Coordinator FAX NO: 407 -327 -6695 FROM: Anthony A. Garganese, City Attorney ,~,,"':'~!'> " 1 . .,~. ~. ~..~." ,~s,,:~ . '. \?~~ ,.~~ 1)~ SUBJECT: Ordinance 2000-08 NUMBER OF PAGES: 6, including cover sheet Dear Tom: I am transmitting a redraft of Ordinance No. 2000-08. Please review and provide me with any comments or recommended changes. Once we finalize this annexation ordinance, we will use it as the form for all subsequent voluntary annexation ordinances. Further, the initial draft ordinance provided to me made reference to the contract purchaser of the real property requesting the subject annexation. For voluntary annexations, Section 171.044(1), Florida Statutes, requires the owner of the real property to petition the City for annexation. Does the City have the current property owner's written consent to annex the subject property? That consent is needed before the City proceeds with Ordinance No. 2000-08. Please contact me at your earliest convenience. CONFIDENTIALITY NOTE: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS TELECOPY IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TELECOPY IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE UNITED STATES POSTAL SERVICE. THANK YOU! ORDINANCE NO. 2000-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, PROPOSING TO ANNEX REAL PROPERTY CONSTITUTING AN ENCLAVE AND GENERALLY DESCRIBED AS A TWENTY-NINE (29) ACRE PORTION OF THE L. D. PLANTE PROPERTY LOCATED WITIDN SEMINOLE COUNTY, FLORIDA AND ON THE WEST SIDE OF TUSKA WILLA ROAD, SOUTH OF MILKY WAY ROAD AND MORE PARTICULARLY DESCRIBED IN EXIDBIT "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 THE DEPARTMENT OF STATE UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has previously expressed its interest in annexing the subject property [ref. 8-14-95 City Commission meeting]; and WHEREAS, Pursuant to Section 171.046(1), Florida Statutes, the Florida Legislative has recognized that enclaves can create significant problems in planning, growth management, and service delivery, and has declared that it is the policy of the State to eliminate enclaves; and WHEREAS, this annexation shall be pursuant to the annexation procedures contained in Section 171. 0413, 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 WHEREAS, this Ordinance proposes to annex an existing enclave into the municipal boundaries of the City of Winter Springs, Florida; and WHEREAS, this annexation is in compliance and consistent with the goals and objectives City of Winter Springs Ordinance No. 2000-08 Page 1 of 3 WHEREAS, if this Ordinance becomes effective pursuant to the procedures in Section 171. 0413, Florida Statutes, the City Commission hereby finds that the total area annexed by the City of Winter Springs during the calendar year 2000 shall not exceed 5 percent of the total land area of the City of Winter Springs or exceed more than 5 percent of the population of the City of Winter Springs; and WHEREAS, if this Ordinance becomes effective pursuant to the procedures in Section 171.0413, Florida Statutes, 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, BREVARD COUNTY, FLORIDA, 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 hereby annexed 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. 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. City of Winter Springs Ordinance No. 2000-08 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2000. Paul P. Partyka, 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 First Reading: Second Reading: City of Winter Springs Ordinance No. 2000-08 Page 3 of 3 EXHIBIT "A" D%CRtPTtONS: METES AND BOUNDS DESCRIPTION: (WRITTEN BY SURVEYOR) BEGIN AT THE SOUTHWEST CORNER OF LOT 63. 'TUSKAWILLA'. D.R. MITCHELL'S SURVEY OF THE LEVY GRANT. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I. PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA AND RUN S 87'02'OS"E ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF THE CERTAIN 30 FOOT RIGHT-OF-WAY ALONG THE SOUTHERLY LINE OF SAID -TUSKAW1LLA". 1145.76 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF TUSKAWILLA ROAD AS SHOWN ON SEMINOLE COUNTY PUBLIC WORKS DEPARTMENT RIGHT"OF"WAY MAP OF TUSKAWILLA ROAD PHASE IV. SAID POINT LYING ON A CURVE CONCAVE NORTHWESTERLY. HAVING A RADIUS OF S677.S8 FEET. A CHORD OF 291.14 FEET. AND A CHORD BEARING OF N 11"49'43"E: THENCE RUN NORTHEASTERLY ALONG SAID CURVE. AN~ RIGHT-OF-WAY LINE. 291.18 FEET THROUGH A CENTRAL ANGLE OF 2"56'18" TO THE POINT OF REvERSE CURVATURE OF A CURVE. CONCAVE SOUTHEASTERLY. HAVING A RADIUS OF 5781.58 FEET. A CHORD OF 147.77 FEET. AND A CHORD BEARING OF N II"OS'33-E: THENCE RUN NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE AND CURVE. 147.77 FEET: THENCE DEPARTING SAID CURVE AND RIGHT-OF-WAY LINE RUN N 00'08' 13"E. SI.09 FEET: THENCE RUN N 30"24's5"W. 60.00 FEET: THENCE RUN N 4s"30'24"W. 146.05 FEET: THENCE RUN S 77"09' Is"W. 36.88 FEET: THENCE RUN S 21"01 'OO"W. 60.84 FEET: THENCE RUN S 13"37'33"W. 72.97 FEET: THENCE RUN N 52"28'ss"W. 52.37 FEET: THENCE RUN S SS"2B'46"W. 62.62 FEET: THENCE RUN S 60"28'2s"W. 40.33 FEET: THENCE RUN S 79"38'IS'W. 80.50 FEET: THENCE RUN S Is"02's8"E. 70.34 FEET: THENCE RUN N 82"34'46"W. 106.99 FEET: THENCE RUN N 82"47'09"W. 9S.32 FEET: THENCE RUK S 71"44'19-w.. 62.82 FEET: THENCE RUN N 82"23'13"W. 166.51 FEET: THENCE RUN N 87"14'19:W. 194.43 FEET: THENCE RUN N 27" 29'37"E. 69.6S FEET: THENCE RUN N 21"SO'46"W. 60.65 FEET: THENCE RUN N 76"22'07"W. 6(.47 FEET: THENCE RUN S 63"17'04"W. 40.69 FEET: THENCE RUN N 02"S7'SS-E. 185.18 FEET: THENCE RUN S 87"02'04"E. 966.05 FEET: THENCE RUN S 4s"30'23"E. 213.45 FEET TO A POINT ON A ON THE WESTERLY RIGHT-OF-WAY LINE OF TUSKAWILLA ROAD AS SHOWN ON SAID SEMINOLE COUNTY PUBLIC WORKS DEPARTMENT RIGHT"OF-WAY MAP OF TUSKAWILLA ROAD PHASE IV. SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF S781 .58 FEET. A CHORD OF 131.69 FEET. AND A CHORD BEARING OF N 13"29'48-E: THENCE RUN NORTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY L!NE. 131.69 FEET THROUGH A CENTRAL ANGLE OF I" 18' 18" TO THE POINT OF TANGENCY: THENCE RUN N 14"08'S5"E ALONG SAID EASTERLY RIGHT-OF"WAY LINE. 239.54 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 37 OF SAID "TUSKAWILLA": THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE RUN S 87'02'06"E ALONG THE NORTHERLY LINES OF SAID LOT 37 AND LOT 40 OF SAID "TUSKAWILLA" AND WESTERLY EXTENSION THEREOF. 328.16 FEET TO A POINT ON THE CENTERLINE OF THAT CERTAIN RIGHT-OF-WAY LYING BETWEEN LOTS 24 AND 25 ON THE NORTH. AND LOTS 58 AND SS ON THE SOUTH OF SAID "TUSKAWILLA". VACATED IN OFFIC'IAL RECORDS BOOK 1050. PAGE 401 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA: THENCE RUN N 03"38'32"E ALONG SAID CENTERLINE. 480.02 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE NORTHERLY'LINE OF SAID LOT 25: THENCE DEPARTING SAID CENTERLINE. RUN N 87"02"07"E ALONG THE SOUTHER~Y RIGHT-OF-WAY LINE OF THAT CERTAIN RIGHT"OF-WAY LYING BETWEEN LOTS 2 AND 17 ON THE EAST AND LOTS 15 AND 32 ON THE WEST OF SAID -TUSKAW1LLA". 930.34 FEET TO THE NORTHWEST 'CORNER OF SAID LOT 32: THENCE RUN S 03"37'41"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF THAT CERTAIN 30 FOOT RIGHT-OF-WAY ALONG THE WESTERLY BOUNDARY LINE OF SAID "TUSKAWILLA-. 1380.05 FEET TO THE POINT OF BEGINNING: CONTAINING 1292227.16 SOUARE FEET (29.6655 ACRES) . . Ordinance 2000-08 Page 1 of 2 .- " LAW OFFICES AMARI & THERIAC, P .A. Richard S. Amari Nicholas B. Bangos* Kohn Bennett Bradly Roger Bettin, Sr. Anthony A. Garganese + Mitchell S. Goldman J. Wesley Howze Matthew J. Monaghan Mark S. Peters David M. Presnick Charles R. Steinberg James S. Theriac, III Attorneys and Counselors At Law Reply To: Cocoa P.O. Box Mariner Square 96 Willard Street, Suite 302 P.O. Box 1807 Cocoa, Florida 32923-1807 Telephone (321) 639-1320 Fax (321) 639-6690 Imperial Plaza Suite BI04 6769 N. Wickham Road Melbourne, Florida 32940 Telephone (321) 259-6611 Fax (321) 259-6624 *Admitted AL, FL +Board Certified City, County, & Local Government Law March 20, 2000 FAX TRANSMITTAL SHEET TO: Tom Grimms Comprehensive Planning Coordinator FAX NO: 407-327-6695 FROM: Anthony A. Garganese, City Attorney ",~~,,~7, ..~.~:'~l f.;:'\~~~ \r": ;f!': '-. . ..~~;;~: .J.ti~ SUBJECT: Ordinance 2000-08 \. . ....;u- NUMBER OF PAGES: 6, including cover sheet Dear Tom: I am transmitting a redraft of Ordinance No. 2000-08. Please review and provide me with any comments or recommended changes. Once we finalize this annexation ordinance, we will use it as the form for all subsequent voluntary annexation ordinances. Further, the initial draft ordinance provided to me made reference to the contract purchaser of the real property requesting the subject annexation. For voluntary annexations, Section 171.044(1), Florida Statutes, requires the owner of the real property to petition the City for annexation. Does the City have the current property owner's written consent to annex the subject property? That consent is needed before the City proceeds with Ordinance No. 2000-08. Please contact me at your earliest convenience. CONFIDENTIALITY NOTE: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMA TlON INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS TELECOPY IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TELECOPY IN ERROR. PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE UNITED STATES POSTAL SERVICE. THANK YOU! C' ORDINANCE NO. 2000-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, PROPOSING TO ANNEX REAL PROPERTY CONSTITUTING AN ENCLAVE AND GENERALLY DESCRIBED AS A TWENTY-NINE (29) ACRE PORTION OF THE L. D. PLANTE PROPERTY LOCATED WITIDN SEMINOLE COUNTY, FLORIDA AND ON THE WEST SIDE OF TUSKA WILLA ROAD, SOUTH OF MILKY WAY ROAD AND MORE PARTICULARLY DESCRIBED IN 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 THE DEPARTMENT OF STATE UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has previously expressed its interest in annexing the subject property [ref. 8-14-95 City Commission meeting]; and WHEREAS, Pursuant to Section 171.046(1), Florida Statutes, the Florida Legislative has recognized that enclaves can create significant problems in planning, growth management, and service delivery, and has declared that it is the policy of the State to eliminate enclaves; and WHEREAS, this annexation shall be pursuant to the annexation procedures contained in Section 171.0413, 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 WHEREAS, this Ordinance proposes to annex an existing enclave into the municipal boundaries of the City of Winter Springs, Florida; and WHEREAS, this annexation is in compliance and consistent with the goals and objectives City of Winter Springs Ordinance No. 2000-08 Page I of 3 " WHEREAS, if this Ordinance becomes effective pursuant to the procedures in Section 171.0413, FLorida Statutes, the City Commission hereby finds that the total area annexed by the City of Winter Springs during the calendar year 2000 shall not exceed 5 percent of the total land area of the City of Winter Springs or exceed more than 5 percent of the population of the City of Winter Springs; and WHEREAS, if this Ordinance becomes effective pursuant to the procedures in Section 171.0413, FLorida Statutes, 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, BREVARD COUNTY, FLORIDA, 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 hereby annexed 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. 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. City of Winter Springs Ordinance No. 2000-08 Page 2 of 3 '. '" ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2000. Paul P. Partyka, 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 First Reading: Second Reading: City of Winter Springs Ordinance No. 2000-08 Page 3 of 3 "'- ~~ EXl-IIBIT "A" ~CRIPTIONS: METES AND BOUNDS DESCRIPTION: (WRITTEN BY SURVEYORI BEGIN AT THE SOUTHWEST CORNER OF LOT 63_ -TUSKAWILLA-. D.R. MITCHELL'S SURVEY OF THE LEVY GRANT. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I. PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA AND RUN S 87"02'05-E ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF THE CERTAIN 30 FOOT RIGHT-OF-WAY ALONG THE SOUTHERLY LINE OF SAID -TUSKAWILLA-. 1145.76 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF TUSKAWILLA ROAD AS SHOWN ON SEMINOLE COUNTY PUBLIC WORKS DEPARTMENT RIGHT-OF-WAY MAP OF TUSKAWILLA ROAD PHASE IV. SAID POINT LYING ON A CURVE CONCAVE NORTHWESTERLY. HAVING A RADIUS OF 5677.58 FEET. A CHORD OF 291.14 FEET. AND A CHORD BEARING OF N 11"49'43-E: THENCE RUN NORTHEASTERLY ALONG SAID CURvE. AN~ RIGHT-OF-WAY LINE. 291.18 FEET THROUGH A CENTRAL ANGLE OF 2"56'18- TO THE POINT OF REVERSE CURVATURE OF A CURVE. CONCAVE SOUTHEASTERLY. HAVING A RADIUS OF 5781.58 FEET. A CHORD OF 147.77 FEET. AND A CHORD BEARING OF N II'OS'33-E: THENCE RUN NORTHEASTERLY ALONG SAID RIGHT-OF-WAY ~INE AND CURVE. 147.77 FEET: THENCE DEPARTING SAID CURVE AND RIGHT-OF-WAY LINE RUN N 00"08.13-E. 51.09- FEET: THENCE RUN N 30"24'SS-W. 60.00 FEET: THENCE RUN N 4S"30'24-W. 146.05 FEET: THENCE RUN S 77'09' IS-W. 36.88 FEET: THENCE RUN S 21"01 'OO-w. 60.84 FEET: THENCE RUN S 13"37'33-W. 72.97 FEET: THENCE RUN N S2"28-SS-W. 52_37 FEET: THENCE RUN S 5S"28'46-w. 62.62 FEET: THENCE RUN S 60'28'25-W. 40.33 FEET: THENCE RUN S 79"~8'IS-W. 80.50 FEET: THENCE RUN S IS"02'S8"E. 70_34 FEET: THENCE RUN N 82"34'46-W_ 106.99 FEET: THENCE RUN N 82"47.09-W. 95.32 FEET: THENCE RUN_ S 71"44'19-W._ 62.82 FEET: THENCE RUN N 82"23'13"W. 166.51 FEET: THENCE RUN N 87" 14' 19~W. 194.43 FEET: THENCE RUN N 27'29'37-E. 69.65 FEET: THENCE RUN N 21"SO'46-W. 60.65 FEET: THENCE RUN N 76"22'07"W. 610.47 FEET: THENCE RUN S 63" 17'04-W. 40.69 FEET: THENCE RUN N 02'57'S5-E. 185.18 FEET: THENCE RUN S 87'02'04-E. 966.05 FEET: THENCE RUN S 45"30'23"E. 213.45 FEET TO A POINT ON A ON THE WESTERLY RIGHT-OF-WAY LINE OF TUSKAWILLA ROAD AS SHOWN ON SAID SEMINOLE COUNTY PUBLIC WORKS DEPARTMENT RIGHT-OF-WAY MAP OF TUSKAWILLA ROAD PHASE IV. SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 5781.58 FEET. A CHORD OF 131.69 FEET. AND A CHORD BEARING OF N 13"29'48-E: THENCE RUN NORTHEASTERLY ALONG SAID CURVE AND RIGHT-OF-WAY L!NE. 131.69 FEET THROUGH A CENTRAL ANGLE OF I" 18' 18- TO THE POINT OF TANGENCY: THENCE RUN N 14"08'55-E ALONG SAID EASTERLY RIGHT-OF-WAY LINE. 239.54 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 37 OF SAID -TUSKAWILLA-: THENCE DEPARTING SAID WESTERLY RIGHT"OF-WAY LINE RUN S 87'02'06-E ALONG THE NORTHERLY LINES OF SAID LOT 37 AND LOT 40 OF SAID -TUSKAWILLA- AND WESTERLY EXTENSION THEREOF. 328.16 FEET TO A POINT ON THE CENTERLINE OF THAT CERTAIN RIGHT-OF-WAY LYING BETWEEN LOTS 24 AND 25 ON THE NORTH. AND LOTS 58 AND 55 ON THE SOUTH OF SAID "TUSKAWILLA-. VACATED IN OFFI~IAL RECORDS BOOK 1050. PAGE 401 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA: THENCE RUN N 03"38'32-E ALONG SAID CENTERLINE. 480.02 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE NORTHERLY-LINE OF SAID LOT 25: THENCE DEPARTING SAID CENTERLINE. RUN N 87"02"07"E ALONG THE SOUTHER~Y RIGHT-OF-WAY LINE OF THAT CERTAIN RIGHT-OF-WAY LYING BETWEEN LOTS 2 AND 17 ON THE EAST AND LOTS 15 AND 32 ON THE WEST OF SAID -TUSKAWILLA-. 930.34 FEET TO THE NORTHWEST CORNER OF SAID LOT 32: THENCE RUN S 03"37'41-W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF THAT CERTAIN 30 FOOT RIGHT-OF-WAY ALONG THE WESTERLY BOUNDARY LINE OF SAID -TUSKAWILLA-. 1380.05 FEET TO THE POINT OF BEGINNING: CONTAINING 1292227.16 SOUARE FEET (29.6655 ACRESI. . Ordinance 2000-08 Page 1 of 2 "j , ....'...: ..' .', ..... .: ~" '. ", f' .:, ;:~~ ":.~ ~. };;;<,t~~irJt~ !. # .~. .' . .~ , ..' '. ':::;;', : ; ; ! -1 --\ \ \ \ \ . i \ \ ~ _L_~-J __ --'- -:--- t \ \ i ! TOWN CENTER DISTRICT BOUNDARY t---. i I \ \ I .....:. \ , I \ I ! i \ I P"J N-\ ! -~ -..J \ 1 I \ \ I \ I -- _..L ./ I L 1.. ~_. Ord. 2000-08 Page 2 of 2