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Home My WebLink About2001 01 22 Public Hearings A Second Reading - Ordinance 2001-01 Annexation near the GreenWay COMMISSION AGENDA ITEM A Consent Informational Public Hearing X Regular January 22, 2001 Meeting ~ (!f;/~I Mgr. fAtty. f ~. Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for second reading and adoption of Ordinance 2001- 01 that would annex a 0.72 acre parcel. PURPOSE: The purpose of this request is to annex a 0.72 acre parcel located very. close to the southeast corner of the intersection ofS.R 434 and S.R 417 (The GreeneWay). APPLICABLE LAW AND PUBLIC POLICY: The provisions of 171.044(1) F.S. which states in part: The owner or owners ofreal 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 City has expressed an interest in annexation in the past [ ref 8-14-99 City Commission meeting] . CDD/January II, 200119:16 AM JANUARY 22, 2001 PUBLIC HEARING AGENDA ITEM A Page 2 CONSIDERATIONS: · Julianna Smith requests annexation to secure sewer and water service to the property when such service from the City of Winter Springs becomes available. · The property is 0.72 acres with abandoned residential structure, treed with grassed front. · The City Commission, at its November 13, 2000 meeting, annexed the adjacent (Korman) property to the west at the southeast corner of S.R. 417 (The GreeneWay) and S.R. 434. · The City Commission held a first reading of Ordinance 2001-01 on January 8, 2001. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends the Commission hold a public hearing for second reading and adoption of proposed Ordinance 2001-01 annexing a 0.72 acre parcel located near the southeast corner of the intersection ofS.R. 434 and S.R. 417 "The GreeneWay". IMPLEMENTATION SCHEDULE: A public hearing for second reading and adoption of Ordinance 2001-01 would be held on January 22,2001. The ordinance would become effective immediately upon adoption per Sec. 4.15(c) City Charter and 166.041(4) F.S. ATTACHMENTS: A. Proposed Ord. 2001-01. B. Owner Authorization for Annexation. C. Public Notice in the Orlando Sentinel. COMMISSION ACTION: CDD/January 11, 2001/9:16 AM ATTACHMENT A ORDINANCE 2001-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL PROPERTY LOCATED WITHIN SEMINOLE COUNTY, FLORIDA NEAR THE SOUTHEAST CORNER OF THE INTERSECTION OF S.R. 417 "THE GREENEW A Y" AND S.R. 434, AND LEGALL Y DESCRIBED IN EXHIBIT "A" 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 APPROPRIATE' AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tlus is a voluntary annexation wluch shall be pursuant to the annexation procedures contained in Section 171.044 Florida Statues; and WHEREAS, The City Commission has detennined 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 othelWise satisfies the requirements for annexation; and Ordinance 2001-0 I City of Winter Springs Page I of 4 WHEREAS, The aimexation 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 tIus Ordinance, the municipal boundary lines of the City of Winter Springs, contained in Winter Springs Charter, Article Il, shall be redefined to include the subject real property; and WHEREAS, The City Commission of the City of Winter Springs, Florida hereby finds tIlat tIus 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 hereby annexed into the City of Winter Springs by the City Commission. Exlubit "A" is hereby fully incorporated herein by tins reference. Section 2. City Boundaries Redefined; Winter Springs Charter Amended. Pursuant to Section 166.031 (3) Florida Statutes, and Section 171. 091 Florida Ordinance 2001-01 Cily of Winler Springs Page 2 of 4 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 tins Ordinance. The City Clerk shall file the revised Winter Springs Charter, Article II, Section 2.01, with the Depm1ment of State within tInrty (30) days upon said approval. The City Clerk shall file this Ordinance with the Clerk of Circuit Court of Seminole County, tIle 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 prior ordinances and resolutions in conflict herewith are hereby repealed to the extent of tIle conflict. Section 4. Severability. Should any section or proVISIon of tins 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. TIns Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Ordinance 2001-01 City of Winter Springs Page 3 of 4 Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 22ndday of January , ' . \ " " , , , . , 2001. \ REVIEWED AS TO LEGAL FORM AND SUFFICIENCY FOR THE C Y OF WINTER SPRINGS ONLY. CITY ATTORNEY ATTEST: I \ : >-_.t~ ANDREALO CITY CLE . O-LUACES ST 1 REAJ)~G January 8, 2001 POSTED January 9, 2001 2ND REAJ)~G AND PUBLIC HEARING January 22, 2001 Ordinance 2001-01 Cily of Winter Springs Page 4 of 4 -) < ~ ~ ~ ) ~ ~ .,) " I JAN 03 '01 05:46PM DOUD~IEY SURVEYORS, we. 4073221495 P.2/2 DOUDNEY SURVEYORS, Inc. Profe-ssional Surveyors and Mappers P. 0, BOX 266 SANFORD, FLORIDA 32772"{)266 PHONE: (407)322-J451 FAX: (407)322-1495 E-MAIL: Doudncysur@aol.com Mr. Andre~ ERIC AD.un; JU:AL TV 997 Wm KtoMdy ~ Suite A-25 Orlando, Florida 323-10 10 August. 2000 Dear Aadre; The folk:Jwios is a ndM aod bounds descriptim of the Smith parceL If you ha-..e any questi<nS or ~ d>........ please teel free to caD me. David A. DoodIIey, P .s.M. Presidart REAL PROrtnrrY ~ON: (WRITTEN BY SURVEYOR FOR ANNEXA nON) JULYANNA P. SMITH, PARCEL LD. 04-21-31-J00.0040...0000 The North 200 h ofdlc West 300 feet of the South 3/4 of the East ]/2 of the Southwest )/4 of Sectioo 4, TOWIIIib.ip 21 Soah. Range 31 East, Seminole County, Florida, being more particularly describo;i as ~ Begin at the Su.dlwmt comer oftbe North 200 teet of the West 300 feet of the South 3/4 of tho East 112 of the Southwest 1I4 of Section 4, Township 21 South, R.m~ 31 East, Seminole County, Florida and nm N ~ along the West line of the East ]/2 of the Southwest l/4ofsaid SoctiCIl 4, 80.01 feet to. point en the Southerly right-of-way line of State Road 417 per the light_ of-way maps, S<<::tian 9n0-2302, prepared by Lochrane Engineering, loc., last ~ 6-17-98; thence ran N 80-26'08"E akmg said Southerly right-of-way line, 303.63 ~ thence nm N 89019'4T'E ab:tg sad rigbt-of-way line, 0.12 feet to a point CIl the East Line of the North 200 feet of the West 300 filllr <<the East 1/2 of the Southwest 1/4 of said Soctioo 4; thence leaving said right-of-way Iioe nm S 00032"26"E al<:ng said East line, 129.57 feet to the Southeast comer of the North 200 fuu ofthc West 300 feet of the South 3/4 oftbe East 1/2 of the Southwest 1/4 ofsaid Sectioo 4; tha:lCl8 om 9 W<&9'32"W a1m.g the South line of the North 200 feet of the West 300 feet of the South 3/4 oftbe Ea3t 1/2 of the Southwest 1/4 of said SectiCIl 4, 300.00 ~ to the Point of Beginning: CooIainiDg 31438.89 SQuare fi:et or 0.7217 acres. SURVEVOR'S NOTES: I) The sun-eyor 11M ~ ~ the: land shown hereon for easementS, rights-of-way 01" any od1er maner, lQAJlldtd or ~ that IDlI}' affect the use or tiUe of this 1and 2) The be3ri.ot muc:nue is bM:xI on the West line of !he Southwest 1/4 of Section 4 , Township 21 South, R:lnge 31 East as beingN 00"41'23'W per [he right-of-way maps of State Rood 411, Section 9770- 2302. po q.-ICCI by Loc:brnc Engineering. Inc.. last revised 6-17 -9R, J) This ~.i~ WM ~ at the n:quest of the client aDd is based on oftlce records, ~ and previous !>1.lIVCyfJ aDd ... ... boen field verified DAD'I WQIU)JCW A Y.DOC\1.I. ") .-- (fl ~ 7' ' ~ --,------ ,/:;" ~ -..-----' "--:"/ -.-p - 0 7' d ) .P- ------------- ...... -- .. . ________.____ J --. .. \i ~ ~ ~ ~ i~ . ::. - if' :~@ie ~ - ------ @ Q . C~ ~0 ~-> : ~ (.P ~~ ..' J" ) EXHIBIT A I Corry. o)? W1J\r'h ~ 1i:J? SPl?~ f\rGs . 1 PROPOSED ANNEXATION PROPERTY l' tJ @ @ ~ 8 UNINCORPORATED COU1NTY @ STATE ROAD 434 8 8 e o f ..:) 00 ~.v ;:..;. @i! :f,;' ilO S> &> -:: i!5' c.~ ~ <2> <D .. M ,:~ @ " ~. v. ATTACHMENT B