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Home My WebLink About2000 10 23 Public Hearings B First Reading - Ordinance 2000-33 Annexation COMMISSION AGENDA ITEM B Consent Informational Pu blic Hearing X Regular October 23,2000 Meeting Mgr. / Authorizati REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for first reading and consideration of Ordinance 2000- 33 that would annex a 3.5 acre parcel. PURPOSE: The purpose of this request is to annex a 3.5 acre parcel located on the southeast comer 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 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 ]. CONSIDERATIONS: · Telecorp. Inc. as the applicant requests annexation to secure sewer and water service to the property when such service from the City of Winter Springs becomes available. CDD/October 11,2000/10:00 AM OCTOBER 23,2000 PUBLIC HEARING AGENDA ITEM B Page 2 . The property is 3.5 acres and is a vacant, treed lot with grassed front. . At the September 13,2000 meeting, the Planning and Zoning Board / Local Planning Agency recommended approval ofTelecorp's small scale comprehensive plan amendment request to change the Future land Use Map designation from County "Commercial" to the City's designation of "GreeneWay Interchange District". . At the September 13,2000 meeting, the Planning and Zoning Board / Local Planning Agency recommended approval of Telecorp's rezoning request to change the Zoning Map designation from County A-I "Agriculture" to the City's designation of Gill "GreeneWay Interchange District". FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends the Commission hold a public hearing for first reading and consideration of proposed Ordinance 2000-33 annexing a 3.5 acre parcel at the southeast comer of the intersection ofS.R. 434 and S.R. 417 "The GreeneWay". IMPLEMENTATION SCHEDULE: A public hearing for second reading and adoption of Ordinance 2000-33 would be held on October 23,2000. 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. 2000-33. B. Map of general location of Telecorp, Inc. property. COMMISSION ACTION: CDD/October 11,2000110:00 AM ORDINANCE 2000-33 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, PROPOSING TO ANNEX REAL PROPERTY AND GENERALLY DESCRIBED AS APPROXIMATELY 3.5 ACRES MORE OR LESS OF THE TELECORP, INC. PROPERTY LOCATED WITHIN SEMINOLE COUNTY, FLORIDA AT THE SOUTHEAST CORNER OF THE INTERSECTION OF STATE ROAD 434 AND STATE ROAD 417 "THE GREENEWAY" ANDMORE 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, This annexation shall be pursuant to the voluntary annexation procedures contained in Section 171.044 Florida Statues; 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 Ordinance 2000-33 City of Winter Springs Page 1 of 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, 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 tins 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 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 Ordinance 2000-33 City of Winter Springs Page 2 of 4 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 this Ordinance with the Clerk of the Circuit Court and the County Manager within seven (7) 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _day of ,2000. Ordinance 2000-33 City of Winter Springs Page 3 of4 PAUL P. PARTYKA, MAYOR REVIEWED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE, CITY ATTORNEY ATTEST: ANDREA LORENZO-LUACES CITY CLERK 1ST READING POSTED 2ND READING AND PUBLIC HEARING Ordinance 2000-33 City of Winter Springs Page 4 of 4 ATTACHMENT B EXJIIBIT A Boundary Survey The East 452.34 feet of the North 604.72 feet of the West 1/2 of the SW I/. of Section 4, Township 21 South, Range 31 East, Seminole County, florida, less and except the West 15.00 feet of the North 361.88 feet thereof, and less and except that portion thereof lying Northerly of State Road 419 (also known as Parcel 10 of hat certain unrecorded development plan known as Pines ofTuskawilla. ~ ~ ~ ~ ( ~B .,- ) @) p. 8 ~ Corrective Legal Description: That part of the West 'l'2 of the SW '/. of Section 4, Township 21 South, Range 3 I East, Seminole County, Florida, lying South of State Road 419, less the South] ,357.60 feet, and also less the West 900.00 feet of the North 242.00 feet of the South 1,582.40 feet, and also less the West 1,050.00 feet of said West '12 of the SW '/. lying North of the South 1,582.40 feet thereof. Also known as Lot lOaf the unrecorded plat of the Pines of Tuskawilla. BATTLE RIDGE (BELLFAIRE SUBDIVISION) t. C!D @) ...-=.,-.. '-'=-' 0':0" ~ C!.) c;ii> ~ .~ - - . .. -- .. .. .. .. .. ~ --~-;-':;;--(-0 · ~ ~ ~ ~ ~ ~ ~ STATE ROAD 434 (i~ @; ~= ::i-.:; @ .,,0 :'J\.~v . Oy. 0 €l C\.~"'{ ~: i ,. i ~0 \ . TELECORP" . PROPERTY (""~ -..: C~) '~~ ~ -.Jl.' . ::n.:) ~~: '. ~.J 0',"", ) ... ====..-=-'~~===~~.'~..~n~."~'''' .~ ,.."..... C0 ~ ~ ~ ~ ~ \ c!.) TELECORP" .... PROPERTY :~~ \ 0~) ~ t '" ". 'd\ ., 'Cofr) (:~: :~-!.!) ~ ".:~:.~ :"~:J " 0'-11." ~ ~ ~ ~ . ~O-===-_..::. ./-:-;'~ ~ ./ V ~ ~ (2i> 0:li CITY OF WINTER SPRINGS BATTLE RIDGE (BELLFAIRE SUBDIVISION) c-0 ,...-. ~y (iD .....-::.., ....:::..'" J J CD STATE ROAD 434 ) " G.I!D o~\~\)o @ o~ C\-<\'~ .( .~ " II ~:".':EEJ"::'" ':~ 0 [~-;:-~~ .;.- - .... ... -r: : - - --- - It If .. II ""; II u:: " ...",..., n. ')~.-~~(~. -;~.. ~.~ - ;;(.f~-I..-;r~1I '. It '>:: I :-: II ::. I I \ /' .." 0"":.0 (10......... ."-' ~'!) ~ :...~,: (fD <E: ~.?; = ~!~ (i~0 ~i~~) 1."- I -;,) . '" - i: NOV-06-2000 16:31 NOV.-06'OOIMONllO:50 CITY OF IJINTER SPRINGS FL COMM. ON ETHIC TEL:8S0 488 3077 407 327 4753 P.04 P. UU4 (~( J-~/.:>V FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS p~ c::r. .s Pa'l ,.J G- J COUNTY SC-/1 ,,J () LL- NM1c. OF BOAAO. COUNCIl. COMMlS810N. A.\JT'iORll". OR CO'A~flTEe CfT1 C" ,'1. f1 ds 1\) .J THE BOAfV>. COIJNCII.. COMMISSION. I\UTriORITY OR COMMllTEE. ON WHICH I S€RVEi IS A l.I/IIlT OF; TY Cl COUNTY NAME OF POlmCAL SIJIlOMSION: I ..1 {f-C I 10 'ft-tC .s P:'<. \; ~ MY POsmON IS: a OTHEfl LOCAL. Al;EtGV DATE ON WH'C io CVRREO 00 o APPOI,'ffi\!E WHO MUST FILE FORM 88 This lorm is lor use by any person serving at the county, cicy. or other local level of government an an appoinled or ei8cted board. CQuncil. commission. authority, or comminee. I( applies eQually to members of advisol}' and non-adllisory bodies who are presenled witl'l a voUng conflicl of inlerest under Section 112.3143. Florida Slalutes. Your respon$ibilities under the law when faceo wilh IIoting on II measure in which you hllll9 a conflict o( interest wiG vary greatly depending on wheU1er yoo halO an elective or ~poinli\le posicion. For Ihis reaSOn. please pay close atlention to lhe inslrucTions on this form belor" CQmpfeling lhe reverge side and filing l/1e {orm. INSTRucnONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES A person holding elective or appointive county. municipal. or Other 10Co11 public of/ice MUST ABSTAIN from voting On a measure wtlicl1 ''''ures to his or her special private gain or IOS9. Eqch ejected or appoinled local officor also is prohibited from \(l\OwingJy voting on a mea- ....-ure whicn irlures to the special gain or losS 01 a pnncipal (other than a government agency) by wMm he or s/1e is retained (including tt'le parent organization or &ubsidiary of a corporate principal by which he or she is retained): to tho special private gain or loss of a relative; or to the special privata gain or loss of a business associate. CommissIoners 01 community redellelopment agenci8S under Sec. 163.358 or 163.351. F.S.. atld officers of Inde~f1denl special lax districts elected on a one-acre, ona,vole basis are nOl pronlOited from vOling in mat capaclly. For purposes of this law. a "relalive" includes only the oHi<:er's father. mother. son. daughter. husband. wile. brOlher. sister, father-in-law. mother.in-Iaw. son-in-law, and d3ugnter.irHaw A ''businos9 8S.Sociale" means any person or entity engaged in or carrying on a business enterprise with tf1e officer as a partner. joinl venturer. coowner of property. or corporate shareholder (where the sheres of the corpor;JtiOf1 aTe not lis led on any nalional or regional stock 6lCChange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described abOVE!. you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly staling 10 the as.gembly the nstur9 01 YOllr interest In Ihe measure on which you are abstaining from voting: 3nd ' WITHIN 15 QAYS AFTER Tt-tE VOTE OCCURS by completing and filing IIlis form with the person responsible lor recording tht) min- utes or l1\e mBeling. WIlo Should in~orporale the form in thlJ minutes. APPOINTED OFFICERS: Although you must abstain Irom voting in ft1e sitvat;ons d9SCfibed above. you otl1UrwiS8 may participate in tfurse maners. Howover. you mU$t dlsc/03e Ihe nature 01 'he conflict before m.1king any attempt to inltLJence the l1ecfsion. whether orally or in writing end wllGtner made "<y you or at your directIon. -"I'F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL Be TAKEN: . You must complete and file th.s form (Delore making an)' allemplto inlluence lhe decision) with trle p~rsor"l responsible for recording Ihe mInutes of the meoling. wl'lo will incorporale tho form In t"" minuU!s. (Conrinllod on O1he" side) CE FOAM 88 . EFF. 112000 PAGE 1 n ,,~ ,,.. ~ NOV-06-2000 16:31 NOV.-Ob'OOIMONI 11J:~U CITY OF I.J INTER SPR I NGS FL (;UM~1. UN t;llt II; lC.u:llJU '100 JUII 407 327 4753 P.05 (, VIJ.J APPOINTED OfFICERS (continued) . A copy of !he lorm mLJst be provided immedial81y 10 Ihe olt\ar members of the ag5ncy. . The (arm must be road publicly at the Il6xt meeting after Ihe form is filed. IFYOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose 0/'3111' !he nature of your conflict in [he measvre belofQ participating. . You must complete Ihs form and file it wilhin 15 days after the vote occurs witn the person responsible (or recording the minutes of the meeting. who ITlU1:t incorporate the form in lhe minules. A copy of !he torm must be provided immedietaly to the other members 01 the agency, and !he form must be read publicly at the 'naxt meeting after the form is tiled. I. PAUL.- DISCLOSURE OF LOCAL OFFICER'S INTEREST P 1f.;~ r;...~T'( I<(t , horeby disdose !hill on 0 CA-v.dt:.lt J !J .20 00: (a) A. measure came or wIll COrnB bolore my agency which (check one) ..2f.. Inured to my spacial privatA gain or lOSS: inured to the special gain or loss of my business associate. _ inured to Ihe $peclal gain or loss of my relarive, / inlJred to the speciaf go.ln or loss of G-C/.?.q l-O }(..D e. ..., A-,J by whom I am relained; or inured to me special 9aln or loss of is tile parent organilation or subsidiary 01 a principal which has rcto.j/1od me. ~b) The measure before my 8gency and the nature of my conflicting interest in the measure is as follows: . which :L f1Y "1'0 of Ah TH(.. l,iSi/4- Of,i),::~ r &'<.. -rHL- pesJ'Vz'IY OW^.JW') G-f,e..~ t.... 1) )LQ R i1 .~ A.,J 0 ISO '5:-,.,J it- r2-~ J ~i ~) Q [.... /)tv':J C-,>< (i.O Ft.J' !) 2-D" s.:D ) ,J'JO n-rL- ~ " 'f w ' ~'T1'i.R .s p .-e, ,.j C-:5 . 1/--1- } I 0 0 ~yro4 = Oate Filed NOl'ICE: UNDER PROVISIONS OF FlORIDA STATUTES ~112.317. A FAILURE TO MAKE ANY REQUIRED OISCLOSURE CONSTITUTES GROUNOS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFlCE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIV(L PENALTY NOT TO EXCEED $10,000. CE FORM 08 - EFF. 112000 PAGE 2 00:-, c> ~ TOTAL P.05