HomeMy WebLinkAbout2001 01 22 Public Hearings B Second Reading - Ordinance 2001-02 Annexation near Nursery Road
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing X
Regular
January 22,2001
Meeting
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a public hearing for second reading and adoption of Ordinance 2001- 03 that would annex an
approximately 6.5 acre parcel.
PURPOSE:
The purpose of this request is to annex an approximately 6.5 acre property located on the east
side of US. 17/92 on Nursery Road.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 171.044(1) F.S. which states in part: 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 City has expressed an interest in annexation in the past [ ref 8-14-99 City Commission
meeting ].
CDD/January 11, 200119:19 AM
JANUARY 22, 2001
PUBLIC HEARING AGENDA ITEM B
Page 2
CONSIDERA TIONS:
· Wayne Reece, the owner of the property, 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 approximately 6.5 acres with existing structures housing retail
commercial, warehouse, and light fabrication.
· The City Commission held a first reading of Ordinance 2001-03 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 2001-03 annexing an approximately 6.5 acre property located on the east
side of U.S. 17/92 along Nursery Road.
IMPLEMENTA TION SCHEDULE:
A public hearing for second reading and adoption of Ordinance 2001-03 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. 2001-03.
B. Verification of Ownership.
C. Public Notice in the Orlando Sentinel
COMMISSION ACTION:
CDD/January II, 200119:50 AM
ATTACHMENT A
ORDINANCE 2001-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ANNEXING
REAL PROPERTY GENERALLY LOCATED WITHIN
SEMINOLE COUNTY, FLORIDA ON THE EAST SIDE
OF THE INTERSECTION OF U.S. HIGHWAY 17/92 AND
NURSERY ROAD AND LEGALLY 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 TilE
APPROPRIATE AGENCIES UPON SAID APPROVAL;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, This is a voluntary annexation which shall be pursuant to
the annexation procedw.es 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 bOlmdaries of the City of
Winter Springs and will not create an enclave and otherwise satisfies the
requirements for annexation; and
Ordinance 2001-03
City or Winter Springs
Page 1 or 4
WHEREAS, The 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, upon the effective date of this Ordinance, the mmucipal
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, THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS HEREBY ORDAINS AS FOLLOWS:
Section 1. Annexation of Real Property.
The area of real property, wIuch
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. Exhibit "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 2001-03
City of Winter Springs
Page 2 of 4
Statutes, the City of Winter Springs Chalter, Alticle II, Section 2.0 I, shall hereby
be amended to redefine the corporate boundalies of the City of Winter Springs to
include tlle area of real propel1y desclibed in Section 1 of this Ordinance. The
City Clerk shall file the revised Winter Splings Charter, Article II, Section 2.01,
witll tlle Depmtment of State within thiIiy (30) days upon said approval. The
City Clerk shall file this Ordinance with the Clerk of Circuit Court of Seminole
County, tlle Chief Administrator of Seminole County, and the Department of
State witlnn 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
herewitll are hereby repealed to the extent of the conflict.
Section 4. Severability.
Should any section or proVISion of tins
Ordinance, or any pOltion 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 tile City Commission of the City of Winter
Ordinance 2001-03
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 22ndCiay of January
, 2001.
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:PAUL P. PARTYKA,
REVlEWED AS TO LEGAL FORM AND SUFFICIENCY FOR
THE CI F WINTER SPRINGS ONLY.
CITY ATTORNEY
ATTEST:
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ANDREA L, -< , ZQ-LUACES
CITY CLERK
1ST READING January 8, 2001
POSTED January 9, 2001
2ND READING AND PUBLIC HEARING January 22, 2001
Ordinance 20tll-03
City of Winter Springs
Page 4 of 4
EXHIBIT A
"
OVERALL M[rE5 AND BOUNDS DeSCRIPTION
BEGIN AT TH[ NORfHW[5! CO,C?t-ifR or LC:- i9. EN/ZiNGER FARMS ADDITION NO. J. AS
RECORDED IN PLAT 6. PAGE 27. PUBLIC RECORDS OF SE/A!NOlE COUN~FLORIOA:
THENCE N84'09'38~E ALONG rHE NORTHERLY LINE OF SAID lOT 19 A DISTANCE OF
92J.56 FEU TO T!-![ SC'..)T:-I[Asr CORi-.i[R 0::- LOT Y. WILUMSON H[lGi-iTS. AS R&I;QRDED
IN PLAT BOOK 14. PAGE'. 38. PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA: rfiENCE
S05"51'J4~W ALONG THe WEST :"IN[ OF LOTS 10, 1/. 12. 1J AND /4 OF SAtD
WILLAMSON H[lGHrs A DJSTANC[ OF 318,86 FEcT ro THE SOUTHWEST CORNER OF SAID
lOT 14 AND THE NORTHERLY RIGHT OF WAY UNE OF NURSERY ROAD; ,THENCE
S84.06'J4~W ALONG SAID NORTH[RL Y RiGHT OF WAY LINE A DISTANCE OF 92J.63 FEET
TO THE SOUfHWEST CORNER or SAID LOr 19 AND ro THi: E.4STERLY mCHT OF WAY
LINE OF u.s. 17~92; ThENCE NOS'SO'JOuE ALeNG SAla E",'STERL Y RIGHT or WAY LINE A
01:' iANCE OF J 19.68 FEE r T::) ;I-{[ DO/NT OF BEGiNNING
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CONTAINS 288734 SOlJA?'[ FCC ')R 0,6284 ACC?[S MORE 0R LESS,
)
9[CIN AT THE NORTHWEST CORNER OF lor
1, BLOCK O. TALMO SUBOIVlSION. AS
RECORDED IN PLAT BOOK 9, PACE 10.
PuBLIC RECORDS OF SEMINOLE COUNTY.
FLORIDA: RUN rHENCE N84"06'J-("[ ALONG
{I/~ SOU7J/[RU' RlGIIT or w~y L1N[ or
NuRSERY ROAD A DiSTANCE OF o{08.67 FEET
TO TH[ NORTHEAST CORNER OF LOT r 2.
BLOCK O. SAID r~lMO SUBONlSfON AND TO
TH[ W[STU?L Y RICI-4T OF WAY L1N[ OF
TALMO sTRf:rT: THENCE SOS'J9'''46''W ALONG
SAID wESTERL Y RIGHT OF WAY UN[ A
DISTANCE OF 100.69 F[[T TO THE
SOUTHEAST COF?NER OF SAiD LOT 12,
BLOCK 0: THENCE 584 '09 '12-W ALONG TH[
SUUIHtHl Y LINE OF SAID LOTS 1 AND 12.
BLOCK D. A DISTANCe or 409.02 rfrr
TO THC SOUTHWfS J COHNLH OJ- SAW LUl"
BLOCK 0 AND THE [ASrrRL y RfGHT OF WAY
L1N[ or RIDGE STREET; THENCE
N05"5J'4;[ ALONG SAID EASTERl Y RlCJ-1T
or WAY LINE A DISTANCE OF 100.-46 FEET
T() THF P01NT OF B[GINNfNG.
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CONTAINS -.0274 SQUAR[ FrET OR 0.9246
A~RES MORE OR LESS,
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CITY OF LONGWOOD
ATTACHMENT B
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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:
increm~nt 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.
/
OWNER
SUb;~bed,.qefore me
of A.Uft,/A7)~
I
SIGN
Swo to and
this~ day
~.
! :
~personally Known
:===Produced Identification/type of I.D.
NOT THE OWNER OF SUBJECT PROPERTY
SIGNATURE OF
Sworn to and
this day
19
NOTARY PUBLIC
My commission expires:
Personally Known
----Produced Identification/type of I.O.
----Did take an oath
ATTACHMENT C
NOTICE OF CONSIDERATION OF ANNEXATION
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS WILL HOLD A PUBLIC HEARING AND SECOND
READING OF ORDINANCE 2001-03 ON A PROPOSED ANNEXATION OF
APPROXIMATELY 6 12 ACRES OF LAND LOCATED ON THE EAST SIDE OF
U.S. 17/92 ON THE NORTH AND SOUTH SIDES OF NURSERY ROAD AND
GENERALL Y DEPICTED ON THE MAP BELOW.
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crrv OF LONGWOOD
THE TITLE OF THE PROPOSED ORDINANCE IS "AN ORDINANCE OF THE
CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA,
ANNEXING REAL PROPERTY LOCATED WITHlN SEMlNOLE COUNTY,
FLORIDA ON THE EAST SIDE OF THE INTERSECTION OF U.S. HIGHWAY
17/92 AND NURSERY ROAD AND LEGALL Y DESCRIBED IN EXHIBIT "A"
HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS
CHARTER, ARTICLE n, 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 APPROV AL; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE."
A SECOND READING AND PUBLIC HEARING ON THE PROPOSED
ANNEXATION WILL BE HELD ON JANUARY 22, 2001 AT 6:30 P.M. AT THE
WINTER SPRINGS CITY HALL.
THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMISSION
CHAMBERS AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA.
INTERESTED PERSONS MAY ATTEND AND BE HEARD.
A COMPLETE LEGAL DESCRlPTION BY METES AND BOUNDS AND THE
ORDINANCE PERTAINING TO THE ABOVE MAYBE OBTAINED FROM THE
OFFICE OF THE CITY CLERK, AT CITY HALL, 1126 EAST STATE ROAD 434,
WINTER SPRINGS, FLORIDA. FOR MORE INFORMATION CALL
327-1800 # 227.
PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE
RELATIONS DEPARTMENT COORDINATOR 48 HOURS IN ADVANCE OF
THE MEETING AT (407) 327-1800 # 236.
TIllS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION
OR RECOMMENDATION MADE BY THE CITY COMMISSION WITH
RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, YOU WILL
NEED A RECORD OF THE PROCEEDINGS, AND, FOR SUCH PURPOSES,
YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED.
ANDREA LORENZO-LUACES, CITY CLERK
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Date:
~
City of Winter Springs
To:
~n
Ll \.J;-
Annexation and Rezoning Proce ;:;""'I-tItE. 1,11.414 de #11/' (.,1I.lN~ If
This document provid authorization for Telacorp, inc. (under contract to purchase)~O
apply for annexation nd rezoning on behalf of j'" v L'1 A,.J J\/ A ( $11 I T1t (owner/seller)
concerning the parcel located generally on the south east comer area of the intersection of
Rt. 434 and the Greeneway (parcel # 0 l( - d 1- 31 ./300 .- <:0'(0 '-0002.).
~~~"''" (4)~
J y 'a P. Smith
1063 State road 434, Oviedo, FL 32765
Tel.: 407-699-9411
,
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Date
Notary
........ ~
,'~\>!\"~< PAUL P. PARJYKA
i.::&:.~ MY COMMISSION' CC 651322
?>' :.'f EXPIRES' May 29 2001
.,..~ ~ of' '.
" ..~,r.-.. ,.' Bonded Thru Notary P\Jb/ic ~rwrtte~
(';~)oo .
ATTACHMENT C
NOTICE OF CONSIDERATION OF ANNEXATION
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS WILL HOLD A PUBLIC HEARING FOR SECOND READING
OF ORDINANCE 2001-01 CONCERNING A PROPOSED ANNEXATION OF A
.72 ACRE PARCEL OF LAND LOCATED NEAR THE SOUTHEAST CORNER OF
THE INTERSECTION OF STATE ROAD 434 AND STATE ROAD 417 "THE
GREENEW A Y' AND GENERALLY DEPICTED ON THE MAP BELOW.
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PROPOSED ANNEXATION ..{ '}j;1<
PROPERTY l' SPl<llYCS
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THE TITLE OF THE PROPOSED ORDINANCE IS "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 GREENEWAY" ~ S.R. 434 AND LEGALLY DESCRIBED IN
EXI-llBIT "A" HERETO; PROVIDING FOR THE AMENDMENT OF WlNTER
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."
TIllS PUBLIC HEARING ON THE PROPOSED ANNEXATION WILL BE HELD
ON JANUARY 22,2001 AT 6:30 P.M., AT THE WINTER SPRINGS CITY HALL.
TIllS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMISSION
CHAMBERS AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA.
lNTERESTED PERSONS MAY ATTEND AND BE HEARD.
A COMPLETE METES AND BOUNDS LEGAL DESCRIPTION OF THE
SUBJECT PROPERTY AND THE ORDINANCE PERTAINING TO THE ABOVE
MAY BE OBTAlNED FROM THE OFFICE OF THE CITY CLERK, AT CITY
HALL, 1126 EAST STATE ROAD 434, WlNTER SPRINGS, FLORIDA. FOR
MORE INFORMATION CALL 327-1800 # 227.
PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE
RELATIONS DEPARTMENT COORDINATOR 48 HOURS IN ADVANCE OF
THE MEETING AT (407) 327-1800 # 236.
TillS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION
OR RECOMMENDATION MADE BY THE CITY COMMISSION WITH
RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, YOU WILL
NEED A RECORD OF THE PROCEEDINGS, AND, FOR SUCH PURPOSES,
YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED.
ANDREA LORENZO-LUACES