HomeMy WebLinkAbout2000 10 23 Public Hearings E First Reading - Ordinance 2000-36 Annexation
COMMISSION AGENDA
ITEM
E
Consent
Informational
Public Hearing X
Regular
October 23,2000
Meeting
Mgr. /
Authorizatio
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a public hearing for first reading and consideration of Ordinance 2000- 36 that would annex
an approximately 10 acre parcel.
PURPOSE:
The purpose of this request is to annex an approximately 10 acre parcel located on the northside
of S. R. 434 about 600 feet west of the intersection of State Road 434 and DeLeon Street.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 171. 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, "
CONSIDERA TIONS:
· Luther & JoAnn Carroll, as the applicants, request annexation to secure sewer and water
service to the property when such service from the City of Winter Springs becomes
available.
CDD/October I I, 2000/4:50 PM
OCTOBER 23,2000
PUBLIC HEARING AGENDA ITEM E
Page 2
· The property is approximately 10 acres and is a vacant, treed lot with grassed front.
· The Planning & Zoning Board/Local Planning Agency decided to table consideration of
the Carroll small scale comprehensive plan amendment request and the Carroll rezoning
request since the Board felt uneasy making recommendations on property that is not even
in the City. Also the Board wanted to allow staff to review the letter of objection from the
City Manager of Oviedo and any comments from the county.
· Mr. & Mrs. Carroll would like to de-annex additional property currently within the Oviedo
city limits and adjacent to the east of this property being considered for annexation by the
City Commission tonight. They would then like to annex that parcel also into the City of
Winter Springs at a future date.
· The Carroll property is located within the City of Oviedo Joint Planning Area adopted
with Seminole County on September 28, 1999.
· At the January 26, 1998 Winter Springs City Commission meeting, Oviedo Councilmen
Mr. Hagood and Mr. Bob Delari, and David Moon, Planning Director, were in attendance.
In response to comments by Mr. Bob Delari, City Manager McLemore suggested to the
Commission that all three governmental jurisdictions, the City of Winter Springs, the City
of Oviedo, and Seminole County enter into a tripartite Joint Planning Agreement. Various
attempts were made by City of Winter Springs staff and elected officials to encourage the
City of Oviedo to enter into such an agreement. The City of Oviedo instead elected to
sign a two party joint planning agreement with the county.
· The City of Oviedo now wants the City of Winter Springs to defer to its Joint Planning
Agreement (JP A) and cooperate with the City of Oviedo and accept their land use and
zoning designation for the Carroll Property. The City of Oviedo does not want the City of
Winter Springs to accept the property owners' request to annex into Winter Springs
because the "proposed annexation is in conflict with the Future Oviedo Annexation Area
map within the JP A which includes the subject (Carroll) property.
· A Joint Planning Agreement is a planning tool and does not have the legal status of
documents such as development agreements, Zoning Ordinances, Comprehensive Plans,
Sign Ordinances, etc.
· City staff member, Thomas Grimms AICP, has been in contact with four property owners
to the north of the parcel being considered for annexation and they too want to be
annexed into the City of Winter Springs and not into the City of Oviedo.
CDD/October 18, 2000/10:34 AM
OCTOBER 23,2000
PUBLIC HEARING AGENDA ITEM E
Page 3
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends that the Commission hold a public hearing for first reading and consideration
of proposed Ordinance 2000-36 to annex the Luther & JoAnn Carroll Property.
IMPLEMENTATION SCHEDULE:
A public hearing for second reading and adoption of Ordinance 2000-36 would be held on
November 13,2000. 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. 2000-36
B. Map of general location of Carroll Property.
COMMISSION ACTION:
CDDIOctober 18,2000/10:34 MI
ATTACHMENT A
ORDINANCE 2000-36
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, PROPOSING
TO ANNEX REAL PROPERTY AND GENERALLY
DESCRIBED AS APPROXIMATELY 10 ACRES MORE
OR LESS OF THE LUTHER & JOANN CARROLL
LOCATED WITHIN SEMINOLE COUNTY, FLORIDA
AND APPROXIMATELY 600 FEET WEST OF THE
INTERSECTION OF STATE ROAD 434 AND DeLEON
STREET 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 INCONSITENT
ORDINANCES AND RESOLUTIONS; PROVIDING OR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, TIus annexation shall be pursuant to the vohmtary
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
Ordinance 2000-36
City of Winter Springs
Page 1 of 4
Winter Springs and will not create an enclave; and
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, The mlUlicipal bOlUldary 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, 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 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 2000-36
City of Winter 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 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. The
City Clerk shall file tins Ordinance with tile Clerk of Circuit Court and tile
Seminole County Manager within seven (7) days of 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 tile extent of the 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
tile validity of the remainder hereto as a whole or part thereof to be declared
invalid.
Section 5. Effective Date.
Tllis Ordinance shall become effective
immediately upon adoption by the City Commission of the City of Winter
Springs, Florida.
Ordinance 2000-36
City of Winter Springs
Page 3 of 4
ADOPTED by the City Commission of the City of Winter Springs,
Florida, in a regular meeting assembled on the_day of
, 2000.
PAULP.PARTYKA,MAYOR
REVIEWED AS TO LEGAL FORM AND SUFFICIENCY FOR
THE CITY OF WINTER SPRINGS ONL Y.
ANTHONY A. GARGANESE, CITY ATTORNEY
ATTEST:
ANDREA LORENZO-LUACES
CITY CLERK
1 ST READING
POSTED
2ND READING AND PUBLIC HEARING
Ordinance 2000-36
City of Winter Springs
Page 4 of 4
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EXHIBIT A
Property Description
Lot 19, VAN ARSDALE OSBORNE BROKERAGE CO. 's ADDITION TO
BLACK HAMMOCK, according to the plat thereof as recorded
In Plat Book 1, Page 31. PublIc Records of Seminole COunty,
Florida. Less road right of Hay.
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