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Home My WebLink About2000 07 24 Public Hearings C First Reading - Ordinance 2000-22 Annexation L.D. Plante Property " COMMISSION AGENDA ITEM c Consent Informational Public Hearing X Regular July 24,2000 Meeting ~ / d:t. Authorizatiort - REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for first reading and consideration of Ordinance 2000-22 annexing 5.644 acres more or less of the L.D. Plante Property. PURPOSE: The purpose of this request is to correct a surveyor's scrivener error in the legal description indicated in Ordinance 2000-08 which annexed the L.D. Plante Property on the west side of Tuskawilla Road. Due to the error 5.644 acres (which comprised the stormwater retention pond located in the center of the property) of the 29 acres was not annexed. 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." CONSIDERA TIONS: . CHC Development Company, Inc. is the contract purchaser of the 29 acre L.D. Plante Property which includes the 5.644 acres (that is the subject of this Agenda Item). COD/July 13,2000/2:20 PM JULY 24, 2000 PUBLIC HEARING AGENDA ITEM C Page 2 . The Commission annexed the 29 acre property (minus 5.644 acres due to a surveyor's error) into the City on April 10, 2000 · The 29 acre parcel is adjacent to the boundary of the Town Center District. . The contract purchaser, CHC Development Company, Inc. has requested the 29 acre parcel become part of the Town Center District. They have indicated that they intend to file for inclusion into the new Town Center District in August, 2000 via a large scale comprehensive plan amendment. . The contract purchaser has expressed an interest in developing a single family residential subdivision, possibly with a commercial component. . 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 (the whole 29 acres including the 5.644 acres considered in this Agenda Item) 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 (5.644 acres more or less) is currently County designated A-I "Agriculture" (1 DU per acre max.). · The adjacent property is 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". CDD/July 13, 2000/2:02 PM JULY 24,2000 PUBLIC HEARING AGENDA ITEM C Page 3 FISCAL IMPACT: None STAFF RECOMMENDATION Staff recommends the Commission hold a first reading of proposed Ordinance 2000-22 annexing 5.644 acres more or less of the L.D. Plante Property on the west side ofTuskawilla Road that was left out of the surveyor's description of the 29 acres indicated for annexation in Ordinance 2000-08. IMPLEMENTATION SCHEDULE: The Commission would hold a second reading and adopt Ordinance 2000-22 on August 14,2000. Ordinance 2000-22 would be come effective immediately upon adoption. AITACBMENTS: A. Ordinance 2000-22 B. Owners Authorization for Annexation COMMISSION ACTION: ATTACHMENT A ORDINANCE NO. 2000-22 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 5.644 ACRES MORE OR LESS OF THAT PORTION OF THE L. D. PLANTE PROPERTY LOCATED WITHIN SEMINOLE COUNTY, FLORIDA AND ON THE WEST SIDE OF TUSKA WILLA ROAD, SOUTH OF MILKY WAY ROAD AND MORE P ARTICULARL Y DESCRIBED IN EXHmIT "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 TIlE 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 intent and purpose of this Ordinance is to correct a surveyor's scriveners error in the legal description contained in Ordinance No. 2000-08 which, for purposes of annexation, should have (but did not) included the legal description which is the subject of this Ordinance; 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, in accordance with the policy of the State of Florida, this Ordinance in conjunction with Ordinance No. 2000-08 promotes the annexation of an existing enclave into the municipal boundaries of the City of Winter Springs, Florida; and City of Winter Springs Ordinance No. 2000-22 Page I of 3 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, 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 City of Winter Springs Ordinance No. 2000-22 Page 2 of 3 by the City Commission of the City of Winter Springs, Florida. 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. 2000-22 Page 3 of 3 EXHIBIT A METES and BOUND LEGAL Plante Property THOSE PORTIONS OF LOTS 38,39,40,41,42,43,44,45,46,47,48,57,60 AND 61 LYING WEST OF TUSKAWILLA ROAD, "TUSKAWILLA," DR. MITCHELL'S SURVEY OF THE LEVY GRANT, AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND PART OF VACATED RIGHT-OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 1 050, PAGE 401, SAID PUBLIC RECORDS, SAID PARCEL AS FURTHER DESCRIBED.IN OFFICIAL RECORDS BOOK 148, PAGES 394-395 AND OFFICIAL RECORDS BOOK 260, PAGES 310-311, SAID PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 55, ltTUSKAWILLA," D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN S 870 02' 58" E, ALONG THE SOUTH LOT LINE OF SAID LOT 55, A DISTANCE OF 219.45 FEET TO A POINT LYING ON A CURVE, CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE OF 030 33' 15", A RADIUS OF 5677.58 FEET AND A CHORD BEARING OF N 120 08' 25" E; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 352.20 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A CENTRAL ANGLE OF 010 27' 37", A RADIUS OF 5781.58 FEET AND A CHORD BEARING OF N 110 05' 36" E; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 147.34 FEET FOR A POINT OF BEGINNING; THENCE DEPARTING SAID CURVE, RUN N 000 08' 13" E, A DISTANCE OF 51.09 FEET; THENCE RUN N 300 24' 55" W, A DISTANCE OF 60.00 FEET; THENCE RUN N 450 30' 24" W, A DISTANCE OF 146.05 FEET; THENCE RUN S 77009' 15" W, A DISTANCE OF 36.88 FEET; THENCE RUN S 210 01' 00" W, A DISTANCE 60.84 FEET; THENCE RUN S 13037' 33" W, A DISTANCE OF 72.97 FEET; THENCE RUN N 52028' 55" W, A DISTANCE OF 52.37 FEET; THENCE RUN S 55028' 46" W, A DISTANCE OF 62.62 FEET; THENCE RUN S 600 28' 25" W, A DISTANCE OF 40.33 FEET; THENCE RUN S 79038' 15" W, A DISTANCE OF 80.50 FEET; THENCE RUN S 15002' 58" E, A DISTANCE OF 70.34 FEET; THENCE RUN N 820 341 46" W, A DISTANCE OF 106.99 FEET; THENCE RUN N 82047' 09" W, A DISTANCE OF 95.32 FEET; THENCE RUN S 71044' 19" W, A DISTANCE OF 62.82 FEET; THENCE RUN N 820 23' 13" W, A DISTANCE OF 166.51 FEET; THENCE RUN N 870 14' 19" W, A DISTANCE OF 194.43 FEET; THENCE RUN N 270 29' 37" E, A DISTANCE OF 69.65 FEET; THENCE RUN N 210 50' 46" W, A DISTANCE OF 60.65 FEET; THENCE RUN N 760 22' 07" W, A DISTANCE OF 61.47 FEET; THENCE RUN S 630 17' 04" W, A DISTANCE OF 40.69 FEET; THENCE RUN N 020 57' 55" E, A DISTANCE OF 185.18 FEET; THENCE RUN S 870 02' 04" E, A DISTANCE OF 966.05 FEET; S 450 30' 23" E, A DISTANCE OF 213.45 FEET TO A POINT ON A CURVE, CONCAVE SOUTHEASTERLY, HAVING A CENTRAL ANGLE OF 010 01' 13", A RADIUS OF 5781.58 FEET AND A CHORD BEARING OF S 12020' 01" W; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 102.95 FEET TO THE POINT OF BEGINNING. CONTAINING 5.644 ACRES. MORE OR LESS. Page 2 of Exhibit "A" MAP OF PROPERTY '--''r_._. ATTACHMENT B '-'~' : ::.~ j"'i-j ~: ! I~" :::,' ~I j 1l)?-~:-2~';'j ,~~ ,':,iFll F20+U.i;F.o/:Co ;: ~:: :,oi!. , , :.'-:. I', 22 j-;Q3 P.GG2/0G2 :-(~: ~. .. --....-.... --. .., ~. ......~"t' .. I, ;; ;'"\ _,:-.,..:'1 :1 J~;i .f~~ ~J . ; ,:" . :. ,~.: ", ": ~,,, .) P.o. 8n~~ L; .. AhaJJ10nlG Spl~:igS, H.;. :'.:: I ::'- i 117 , ~: " / ." "-' .-' .." Febmary 3, 2000 City Of Winter Springs To whom it Tll.ay concern: eHe Development has my authorization to ~itior, for ~~',uC'^ation into Winter Springs. Sincerely, d~ OOVL~j; ( 'j Dor, Plante ( )