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Home My WebLink About2001 11 26 Public Hearings D First Reading - Ordinance 2001-52 COMMISSION AGENDA ITEM D Consent Informational Public Hearing X Regular November 26,2001 Meeting ~ M~ 1 Attor I. ~: AuthorIzatIon REQUEST: The Community Development Department requests that the City Commission conduct a public hearing for the first reading of Ordinance 2001-52, which would initiate annexation procedures for the Dyson Drive Area pursuant ~ a referendum vote considered by the registered electors of the area and repeal Ordinance 3-00-1-27, which was not used for annexation. ';g.<)oO PURPOSE: The purpose of this Agenda Item is to request that the City Commission initiate the annexation procedures established in Section 171.0413, F.S., by adopting Ordinance 2000-52, which would begin the process of annexing III parcels otherwise known as the "Dyson Drive Area." APPLICABLE LAW AND PUBLIC POLICY: Section 171.0413 of the Florida Statutes establishes procedures for annexation, where any municipality may annex contiguous, compact, unincorporated territory into its jurisdiction. Section 171.042(1) of the Florida Statutes further states, "Prior to commencing the annexation procedures...., the governing body of the municipality shall prepare a report setting forth the plans to provide urban services to any area to be annexed...." CDDlNovember 19,200112:46 PM November 26,2001 PUBLIC HEARING AGENDA ITEM C Page 2 BACKGROUND: The City of Winter Springs initiated the Tuscawilla Lighting and Beautification Project to provide lighting and beautification improvements within the Tuscawilla Planned Unit Development (PUD), with the exception of 110 unincorporated parcels. These 110 parcels, originally subdivided as Winter Springs Unit 1, are located in the Dyson Drive neighborhood and are the only portions of the Tuscawilla PUD that are not a part of the City (See Attachment A, Dyson Drive Area Improvements). When the boundary of the area to be annexed was drawn, it was determined that an additional vacant parcel should be added to the annexation. The parcel added contains approximately 4.3 acres and is surrounded on the east, north, and west by the Winter Springs Unit 1 "Dyson Drive Area" and on the south by the unimproved right-of-way of Citrus Road. With the addition of this parcel to the referendum, the total number of parcels is 111, including 110 subdivided lots occupied by 107 single-family homes, 3 of which are located on double lots. The Lighting and Beautification Project includes a plan to construct new entry features and intersection enhancements, which include decorative walls, sign age, lighting and intersection paving details. Additionally, each of these new features, including the existing landscape medians within the Tuscawilla POO, will be upgraded and enhanced to improve the overall appearance, safety, and security of the corridor. The elements of the project, which are adjacent to the Dyson Drive Area, include three City of Winter Springs entry features to be located on Dyson Drive at the bridge, on Howell Creek Drive, and on Deer Run near the City limits. The intent is to identify and enhance the appearance of the City's gateways (entrances). Should the registered electors of the Dyson Drive Area choose to annex to the City and become a part of the Tuscawilla Beautification Project, those three features would be replaced with improvements specifically designed for the Dyson Drive Area. These improvements would include a decorative brick entry wall feature with signage to be located at the intersection of Tuscawilla Road and Dyson Drive. Additional landscaping enhancements would also be added to the existing medians on Dyson Drive. These landscape elements are specifically designed to be compatible with the current streetscaping conditions and the existing landscaping within the medians (See Exhibit 1, Dyson Drive Area Improvements, Attachment B -Improvement Details). CDDlNovember 19,2001/2:46 PM November 26,2001 PUBLIC HEARING AGENDA ITEM C Page 3 The opportunity currently exists for Dyson Drive Area residents to participate in the Tuscawilla Lighting and Beautification Project. This will ensure that the Dyson Drive neighborhood will enjoy an appearance quality comparable to the remainder of the Tuscawilla PUD. In accordance with Section 171.0413(5) and (6), a majority (more than 50 percent) of the property owners/registered electors will be required to approve the annexation and therefore participate in the special assessment district. The vote on annexation is planned for February 2002 in a special election, called by the City of Winter Springs. CONSIDERA TIONS: . At its January 24, 2000 regular meeting, the City Commission voted to proceed with the annexation of the Dyson Drive area by referendum. . It was the expressed intent of the City Commission that the annexation not extend beyond the boundary of the Tuscawilla Beautification District, without the Dyson Drive area being annexed. . The City Manager and staff met with a number of residents to discuss the issues related to the proposed referendum. . Several presentations explaining the benefits of the proposed annexation were made to the residents of the Dyson Drive area between the time the City Commission voted to proceed with the annexation and the scheduled November 7, 2000 referendum. . On August 28,2000, the City Commission approved Ordinance 2000-27, which required a referendum on annexation prior to becoming effective. . The scheduled November 7, 2000 referendum was postponed and has been rescheduled for February 2002. FINDINGS: 1. Section 171.042 of the Florida Statutes states that prior to commencing annexation procedures, the City must prepare a report setting forth the plans to provide urban services to the proposed annexation area (See Exhibit 2, Report on the Proposed Dyson Drive Annexation). 2. The City has prepared and submitted this report to the Board of Seminole County Commissioners as required by statute. ,CDDlNovember 19, 200112:46 PM November 26,2001 PUBLIC HEARING AGENDA ITEM C Page 4 RECOMMENDATION: Staff recommends that the City Commission conduct the first reading of Ordinance 2001-52, which would initiate procedures to annex the Dyson Drive Area, pursuant to the authorization of a referendum vote by the registered electors of the area considered for annexation. IMPLEMENTA TION SCHEDULE: Ordinance 2001-52 would become effective 10 days after the approval of the referendum by the registered electors of the Dyson Drive area. EXHmITS AND ATTACHMENTS: A. Dyson Drive Area Improvements B. Dyson Drive Area Map C. Dyson Drive Improvement Details D. Ordinance 2001-52 COMMISSION ACTION: CDDfNovember 19, 2001/2:46 PM ATTACHMENT A Attachment A Dyson Dr.ive Area Improvements For the Tuscawilla Lighting and Beautification Project Program Features and Benefits of Annexation Project Description The City of Winter Springs has initiated the Tuscawilla Lighting and Beautification Project to provide lighting and beautification improvements within the Tuscawilla Planned Unit Development (PUD), with the exception of 111 parcels. These 111 parcels are located in the Dyson Drive neighborhood and are the only portions of the Tuscawilla PUD that are not part of the City (See Attachment A - The Dyson Drive Area). The Lighting and Beautification Project includes a plan to construct new entry features and intersection enhancements which include decorative walls, sign age, lighting and intersection paving details. Additionally, each of these features, including the existing landscape medians within the Tuscawilla PUD, will be upgraded and enhanced to improve the overall appearance, safety, and security of the corridor. The elements of the Project which are adjacent to the Dyson Area include three City of Winter Springs entry features to be loeated on Dyson Drive at the bridge, on Howell Creek Drive, and on Deer Run where the City limits begin. The intent is to identify the location where visitor and residents are entering and leaving the City of Winter Springs. Should the residents of the Dyson Drive area choose to annex to the city and become part of the Tuscawilla Beautification Project, those three features would be replaced with improvements specifically designed for the Dyson Drive area. These improvements would include a decorative brick entry wall feature with signage to be located at the intersection of Tuscawilla Road and Dyson Drive. Additional landscaping enhancements would also be added to the existing medians on Dyson Drive. These landscape elements are specifically designed to be compatible with the current streetscaping conditions and the existing landscaping within the medians. (See Attachment B - Improvement Details) The Opportunity The opportunity currently exists for the Dyson Drive area residents to participate in the Tuscawilla Lighting and Beautification. Project. This will insure that the Dyson Drive neighborhood will have the same quality of appearance as the remainder of the Tuscawilla PUD. 1 It is important that action is taken as soon as possible so that the Dyson Drive neighborhood can be included in the current construction and financing programs. A choice to proceed now will be far more cost effective due to the scale of the overall project, the timing of construction, and the blending of the construction financing and maintenance. The Annexation and Assessment Process To participate in the Tuscawilla Lighting and Beautification program a majority of the residents of Dyson Drive will need to vote to annex to the City of Winter Springs and to participate in the special assessment district. The vote on these issues should occur in November with the general election. The annual assessment per property is $110 per year for the 30-year life of the project. This includes the initial cost of construction of $2.3 million, and the on-going maintenance of the beautification improvements. Annexation Benefits Local Government The City of Winter Springs operates under a Commission/Manager form of government and is recognized as a highly effective, professionally managed organization. To its credit, the City has maintained the lowest ad valorem tax rate in comparison to all other cities in Seminole County. The City Commission has established long range plans and objectives to insure that the quality of life of its' residents is maintained. Well-planned' projects like the "Town Center" and the "Tuscawilla Lighting Beautification District" will enhance the livability of Winter Springs in the future. Once annexation takes place, the City of Winter Springs will also represent the Dyson Drive area's interests and local needs at the County, State and Federal government level. The city also prints a quarterly newsletter called "Insider" which reports the news and activities of the City Commission, and the boards and committees. The newsletter helps to keep its citizens informed of the activities and special events scheduled in the area. The City Commission has appointed a number of Advisory Boards and Committees to support the operations of the City. These Advisory Boards and Committees are listed as follows: 2 l. Beautification of Winter Springs Board 6. Oak Forest Wall & Beautification District Advisory Committee 2. Board of Adjustment 7. Planning and Zoning Board/ Local 3. Board of Trustees - Employee Pension Planning Agency Plan 8. Tuscawilla Lighting and Beautification 4. Code Enforcement Board District Advisory Committee 5. Council of Local Governments As a resident of the city, the Commission InVItes you to partIcIpate in your local government not only as a citizen but also as an appointed member of these important advisory boards and committees. Police Services The City of Winter Springs maintains one of the highest levels of police services available in Central Florida. The Police Department is trained and dedicated to providing professional and responsive services, which protect the citizens of Winter Springs. Currently the City maintains a police force with 54 sworn officers. This computes to a ratio of one sworn officer for every 586 residents that are within minutes of your home if help is needed. The County Sheriffs' office maintains one sworn officer for every 1139 county residents and covers an area of over 298 square miles as compared to 17.3 square miles for the City of Winter Springs. COMPARISON OF THE RATIO OF POLICE OFFICER TO THE NUMBER OF RESIDENTS FOR WINTER SPRINGS AND SEMINOLE COUNTY Winter Springs Police Seminole County SheriIT's Department Per Capita Difference % SWORN POLICE OFFICERS PER 1 per 586 CAPITA 1 per 1139 + 94 % As indicated in the following table, the response rate for the Winter Springs Police Department is 106 % quicker during emergency calls. These extra 3 minutes and 43 seconds can be very important in an emergency situation and could be the difference between life and death. 3 COMPARISON OF THE AVERAGE POLICE RESPONSE TIME FOR SEMINOLE COUNTY AND THE CITY OF WINTER SPRINGS Winter Springs Police Seminole County Sheriff's Depart. Response Rate Difference %, EMERGENCY 3.59 minutes 7.32 minutes + 1 06 % NON EMERGENCY 5.25 minutes 13.76 minutes +162 % With Winter Springs having 94 % more sworn police officers per capita and 106 % quicker emergency response rate, a much higher level of police protection is provided within the city limits when compared to Seminole County. This higher level of service has resulted in the City of Winter Springs having the lowest crime rate compared to all other governmental jurisdictions in Seminole County. For example, the crime rate in unincorporated Seminole County is 25% higher than the City of Winter Springs (See Attachment C - Crime Data). Parks Services The Winter Spring Parks and Recreation program is one of the finest community systems in the area. The city is very proud of the positive steps it has taken to insure that the Park and Recreation Department will continually strive to fulfill the recreation needs of its residents. As a resident, you will have the opportunity to take advantage of the city's modern park facilities and programs without incurring non-resident fees and charges. The City has 8 park sites that are developed for public use with approximately 350 acres available for active recreation, passive recreation, and open space preservation. For the 1999-2000-budget year, the city committed to an aggressive improvement program funded in the amount of $2,650,000.00. With the groundbreaking ceremonies held on October 24, 1999, at both Torcaso and Trotwood Parks, the city kicked off this aggressive improvement program. Community Development Plallning/Del'elopment The City's Comprehensive Plan offers residents protection from land uses that pose a potential nuisance to residential areas, or are greatly different residential densities such as between single family homes and apartments. The City has strong zoning regulations that offer protection to residential areas from disparate land uses that may cause significant negative impacts. Of particular interest is the newly adopted Town Center District (zoning) regulations that have an emphasis on design and allow for much flexibility to encourage creativity in the development of the Town Center. The City has generally 4 stronger land development regulations than the County or the Cities of Oviedo and Casselberry. Arborist The city is dedicated to the preservation of the city forest, and has been recognized by the National Arbor Day Foundation and the Florida Division of Forestry as a "Tree City U.S.A." for the past II years. As part the certification, the city holds an annual Tree Give-Away for the residents of the city, and provides upon request, free tree chips from our tree trimming activities. Our City Arborist is highly qualified to provide support, recommendations, and information to our residents on tree issues. Code Enforcement In order to aehieve certain community goals, such as upholding property values, insuring safe construction, and protecting the environment, the City of Winter Springs has made a commitment to maintaining an aggressive code enforcement program. This program is proactive in eomparison to the complaint-driven program used by the county for unincorporated areas. COMPARISON OF THE NUMBER OF CODE ENFORCEMENT OFFICER PER CAPITA BETWEEN WINTER SPRINGS AND SEMINOLE COUNTY Winter Springs Seminole County Code Enforcement Code Enforcement Per Capita Difference %) Code Enforcement Officers per Capita 1 per 15,000 1 per 72,000 380 % Currently Seminole County services a population of 360,000 people with a total of 5 field officers. The City of Winter Springs services a population of 30,000 with 2 field officers. This means that in Winter Springs there is 1 code enforcement officer for every 15,000 residents and in Seminole County there is I code enforcement officer for every 72,000 residents. The level of service, therefore, is 380 % greater in Winter Springs. The Code Enforcement Division is also involved in the drafting of ordinances, the development of land use policies and programs, as well as the implementation of alternate code enforcement methods. Code enforcement maintains an active program for identifYing and correcting problems while they are small, before they become major neighborhood issues. Public Works Department The Public .Works Department provides quality, modern public works services, and can solve facility and infrastructure problems quickly and efficiently. It prides itself on having 5 modem equipment, which is used to provide short range, and long range planned infrastructure maintenance. The Water and Sewer Department has adequate capacity to handle future planned growth, thus ensuring the continued development and expansion of the city's tax base. Street Maintenance All public streets and right of ways will be transferred to the City public works department for regularly scheduled and budgeted maintenance. Should any special maintenance services be required in the future, you would contact your local City of Winter Springs Public Works Department. The city maintains a program for adding streetlights and providing -stormwater improvements in those neighborhoods when needed. Sidewalks The city provides a program for constructing sidewalks and has budgeted for sidewalk improvements on Dyson Drive within city limits, based on input from the Seminole County School Safety Advisory Committee, Sidewalk Sub-Committee. This committee prepared an Elementary School Sidewalk Needs Assessment in 1996 and found Dyson Drive to Tuskawilla Road to be in need of sidewalks per Florida Statue 234.021. The city has placed sidewalks on all streets delineated in this report within the city limits and Dyson Drive will complete our commitment. Mosquito Control The city has an active Mosquito Control Program administered by the Public Works Department. Our efforts focus on the control of mosquitoes through monitoring for larvaciding, and adult control by High Volume Low-Pressure aerial application. Our HVLP spraying is based on the needs identified by our residents. Stormwater Utility The Stormwater Utility is a special purpose service unit within city government that provides stormwater management. Like other utilities, the Stormwater Utility charges a service fee. These fees are utilized for planning, construction, maintenance, inspection and operation of facilities for stormwater management. Fire Department The City of Winter Springs Fire Department maintains state-of-the art firefighting equipment, which includes Advanced Life Support Service. The City currently provides Fire, Medical and Emergency responses for the Dyson Drive neighborhood. The City's "Fire Station 26", on Northern Way, is the closest fire station to Dyson Drive. After annexation the county tax of 2.7562 mills for fire services and road improvements will be deleted. Should a resident of the Dyson Drive neighborhood require emergency medical transport, the city fees for those services would be identical to the standard fee of $304.51 which is charged by Seminole County. 6 Future Utility Costs The City has evaluated the use of existing septic systems in the Dyson neighborhood and has no current plans to install a new sewer system. The existing septic systems would only be replaced if there was a public health need or the residents of Dyson Drive requested the installation of sanitary sewers. Fees and Taxes upon Annexation For the purpose of estimating the changes in taxes and fees after annexation, the Seminole County Assessors office provided information to compute the average taxable value of the homes for the Dyson Drive neighborhood. For the purpose of this comparative analysis, an average taxable value of $101,500 was used. (See Attachment E - Annual Ad Valorem Taxes and Franchise Fees County/City Comparisons.) It is estimated that after annexation the net result in Ad Valorem tax would be an increase of .7933 mills per household. This computes to be $80.50 per year for the average home in the Dyson Drive area. The changes in franchise fees would increase the total by $85.44. Because Seminole County charges an annual fee for street lighting and the City of Winter Springs does not have a street lighting tax, $27.88 would be subtracted from the total. After all additions and subtractions were calculated we project that the average tax impact will be an increase of$138.06 after annexation. Questions and Answers 1. What improvements will be installed for the Dyson Drive Area? The improvements for the Dyson Drive neighborhood would include a decorative brick entry wall with signage that will be located at the intersection of Tuscawilla Road. and Dyson Drive. Included in the proposal are landscaping enhancements for the existing medians on Dyson Drive. These landscape elements are specifically designed to be compatible with the existing streetscaping conditions and the existing landscaping within the medians. (See Attachment C - Improvement Details) 2. If I annex into the City of Winter Springs how will it affect my taxes and fees? 7 It is projected that after annexation the net result in Ad Valorem tax would be an increase of .7933 mills. The principal changes result from the deletion of the county's Road and Fire tax, which is 2.7562 mills, and the addition of the City of Winter Springs municipal tax, which is 3.7708 mills. This computes to be $80.50 per year for the average home in the Dyson Drive area. It is also estimated that franchise fees would increase by an additional $85.44. Because Seminole County charges an annual fee for street lighting and the City of Winter Springs does not have a street lighting tax, $27.88 would be subtracted from the total. Therefore, it is estimated that the average tax and fee obligation would increase by $138.06 after annexation. 3. Are there any services that I have now that will be lost with Annexation? No, because you will continue to be a Seminole County resident, you will continue to receive all of the services you now receive. The responsibility for some services will br transferred to the City of Winter Springs. The primary changes will include Police, Fire, Emergency Transport, Permits, Code Enforcement and Public Works. Because these services will be administered locally the quality and responsiveness of the services will be better. 4. Will there be any new services that I receive as a city resident? Yes, you will have the benefit of your local City of Winter Springs governmental operations nearby. When a problem or issue needs to be addressed, you can work with your local officials for a proper and responsive solution. Your City Commission, Planning Board, Zoning Board and other local citizen boards are all focused on local issues affecting your neighborhood and community. You are also invited to participate in all of their meetings. Also, as a resident of the City you will be able to take advantage of all the city's parks and park programs without a county surcharge. 5. Who will maintain my streets and utilities and what will happen to my existing septic sewer system? The City has evaluated the use of existing septic systems in the Dyson neighborhood and has no plans to install a new sewer system. Should the existing septic system require replacement in the future, the city sewer plant has capacity to accommodate the Dyson neighborhood. All public streets and rights-of-way will be transferred to the city for regular maintenance. Should any special maintenance services be required in the future, you would contact your local City of Winter Springs Public Works Department. 8 6. How do I know my taxes won't increase in the future? There is no guarantee that taxes will not increase in the future. The City of Winter Springs governmental operations are recognized as highly effective and professionally managed. To its credit, the City has maintained the lowest Ad Valorem tax rate when compared to all of the other cities in Seminole County 7. How does annexation occur, what do I have to do and by when? To participate in the Tuscawilla Lighting and Beautification program the residents of Dyson Drive will need to vote to annex into the City of Winter Springs and to participate in the special assessment district. The vote on these issues should occur in early 2002. 9 ATTACHMENTB ..---.-.... DYSON vRIVE AREA ~ /100 /109 1/15 1/;): , VI ./~. . /'--.)..u . ! ". I.t..! ". , , . s: !Ii.: ". IIjj 9;1 ..... . I ;/ -1- . . s < v IvO; 1 z -1 .. 0:: 10().1 2 - ........,.. !Ce! < ~ . . . \ . ~ 100i .. ~ .. , .. .. .. J .. .. f .. .. .. '.. .. ; I!:? Vi ~ 1001 //02 1104 /106 GA TOR LN 116.' 1009 .' 10/1 10/) /101 /10) /105 , 1107 " /1/6 /1/) /101 /I().I , //00 ' /090 I DYSON DR //01 10j.( I I ........ ,_.......... 119:.' : .. . .' ~)~ , ........, , /9:! I r...... I . . . . .. ~ I' c ( . . . ) ; 90.' 100 .. .. .. .. .. .. ..I.. .. .. .. .. .. .. /127 , , /120 _ . _'. Z -' .._....~..._.. -J g; /121 1/21 0 o .............; ............ ",_............ I " ~ I, . , , 1/21 /ll} I/lJ /Ill /lIJ /117 .. .. .. .. .. .. J" _ -:::: i I "5 , I"" :01 '.:;:: l . . . ill 0, BLACK ACRE TRAIL ..J< .' /109: /lOJ /10) 1097 ~ 9iJ , ,//01 U //09 S ......~ ~ l............ ~ .............\.. '" '"...." I ~ w . . . .', . . - . .' 1104 ~ /l0} /I()4 ~ I ~ '" H , . .. . ': :. . . . ;/~ ! l1"t H,;oo ~ . " \ ~....... C.... .:. C............... .:.... 'r~0/.:.....'. lIiJ < /l1~ /117 /114 /I/) : 10Sl < < '-- /lOK /109 ~._..:; I J~ .' ~+. :.;: , '" '" - '" -....-/. /l0} IvO: '015 /101 , , ' , , , , , ' '" .. '" .. .. .. ..'. .. '" .. '" '" .. J .. .. .. .. '" '" .. .. .. '" .. ..'.. _ .. .. .. '.' , ~) ATTACHMENT C ......-,.. attachment b Dyson Drive Entrance o SrJ ,:'" ',k, ,.~:~; , i i i I I I I we. 04 Apt 00 .,:. " ..,1':'; , . I: 1 '. ~. ,;1) ] )l~~: 0 ~ ro ..-( ..-( .,..., ~ ro ~ C/) ::J r-, ~. :"~~:1' :~'.;::':t:.:~.~~~~~~~:~ :!:f~'. ~;t~~";'~~~"~?-i~l!;: <:0 TUE o SOD ~~'" !fl ':,:' C~OVNO COVE:1t. .1." ~ SKRVDBEIt.\' Hill] ,,^V[U B WAll 8 ItAJ~CWALL ~.:' I: I -I :fi I Ii! 11 :i I Lr 'j ~~:i; j);; ,~~ .'ht~~l ' l' _' I~ " :~~., F~':;., : ,0"'! )~"'J:I :~.' 1, '::K.~ I, '., ~. .:. ~\~fi~~~)~tf/r~#.~~;.:'.' .;-_.~:-., '~~~-02~"':' ". ':" ".. -" "".:master.rpTan~"'::'i::" ---"':':~~~{i~ .". "..:,; '. '. U":'C'\:~:i;'.: ,t .' '.-., 't~:. ,~': ;.1;:~' , ,',I', :~': '. ;ij~ 'I 'I r Ii , ~, ,~ ,_x,.,._.........' ,..~~- .. :).~~revatl'o.n "" Tuscawilla Lighting and Bealftification District ATTACHMENT D ORDINANCE NO. 2001-52 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING ORDINANCE NO. 2000-27, AND PROPOSING TO ANNEX REAL PROPERTY GENERALLY LOCATED ON AND AROUND DYSON DRIVE BEING CONTIGUOUS TO THE BOUNDARIES OF THE CITY OF WINTER SPRINGS IN SEMINOLE COUNTY, FLORIDA, AND GENERALL Y DESCRIBED AS THAT PART OF SECTION 13 TOWNSIDP 21 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY; FLORIDA; BEING RECORDED AS THE PLAT OF WINTER SPRINGS IN PLAT BOOK 15, PAGES 81 AND 82 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AL~ THAT PART OF TUSKA WILLA ROAD LYING WEST OF SAID PLAT AND THAT PART OF CITRUS ROAD LYING SOUTH OF SAID PLA T; AND A TRACT OF LAND BOUNDED BY SAID PLAT BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR TillS ORDINANCE TO BE SUBMITTED TO A VOTE OF THE REGISTERED ELECTORS OF THE DYSON DRIVE AREA PROPOSED TO BE ANNEXED; PROVIDING FOR THE AL'\1ENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, SECTION 2.01, TERRITORIAL BOUNDARIES, TO INCORPORA TE THE REAL PROPERTY INTO THE CITY BOUNDARIES IF THE ANNEXATION IS APPROVED BY MAJORITY VOTE OF SAID REGISTERED ELECTORS AT A DULY HELD REFERENDUM; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER \VITH THE DEPARTMENT OF STATE UPON SAID APPRO V AL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR A CONTINGENT EFFECTIVE DATE. WHEREAS, the City Commission previously adopted Ordinance No. 2000-27 calling a referendum to annex the real property which is subject to this Ordinance; and WHEREAS, because of events beyond its control, the City could not feasibly schedule the referendum election within the time prescribed in Ordinance 2000-27; and WHEREAS, THE City Commission desires to reschedule the referendum as provided hereunder; and City of Winter Springs Ordinance No. 2001-52 WHEREAS, in the best interest of the public health, safety, and welfare of the citizens of Winter Springs, the City Commission of the City of Winter Springs desires to annex the real property more particularly described below into the municipal boundaries of the City of Winter Springs; 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, 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 current calendar year shall not exceed 5 percent of the total land area of the City of Winter Springs or exceed more than 5 percent of the City of Winter Springs's population; 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, Section 2.01, shall be redefined to include the subject real property. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, HEREBY ORDAINS, AS FOLLOWS: Section 1. Annexation of Real Property. The City Commission hereby desires and proposes to annex the area of real property, which is more particularly described in the metes and bounds legal description and map attached hereto as Exhibit "A", contingent upon the approval of the registered electors of the area of real property proposed to be annexed. Approval or disapproval of the annexation shall be put to a vote of said registered electors by referendum duly held as soon as practicable at a special or general election. Exhibit" A" is hereby fully incorporated herein by this reference. Section 2. Referendum Election. The City Commission hereby calls a referendum to be conducted only in the area of real property proposed to be annexed by this Ordinance. The referendum shall be at the expense of the City of Winter Springs and held as soon as practicable at a special or general election thereafter. The referendum shall not be held sooner than 30 days following the final adoption of this Ordinance. City of Winter Springs Ordinance No. 2001-52 Page 2 0 f 4 Section 3. Annexation Ballot Question. Concurrent with the scheduled election stated in Section 2 herein, the following question shall be placed on the ballot for consideration by the registered electors of the area of real property proposed to be annexed by this Ordinance. The question shall follow the placement on the ballot of any candidates running for elected office, if any. The caption and question shall be worded substantially as follows: CITY OF \VINTER SPRINGS ANNEXATION OF DYSON DRIVE AREA Shall the City of Winter Springs annex the area of real property generally known as the Dyson Drive area, as that property is described in Ordinance Number 2001- 52 of the City of Winter Springs, Florida, effective upon approval by a majority vote of the registered electors of that property? DYes - - For annexation of property described in Ordinance Number 2001-52 of the City of Winter Springs, Florida. o No - - Against annexation of property described in Ordinance Number 2001-52 of the City of Winter Springs, Florida. Section 4. Coordination with Supervisor of Elections. The City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Seminole County to include the above-described question on the ballot for the area of real property proposed to be annexed by this Ordinance. Section 5. City Boundaries Redefined; Winter Springs Charter Amended. Pursuant to Section 166.03 1 (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, providing the annexation is approved by a majority vote of the registered electors pursuant to referendum called and conducted pursuant to 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; otherwise, if the annexation is not approved by the registered electors, then the City Clerk shall not file the revision of the Winter Springs Charter. Section 6. Repeal of Ordinance No. 2000-27 and Prior Inconsistent Ordinances and Resolutions. Ordinance No. 2000-27 is hereby repealed in its entirety and all other ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 7. 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. City of Winter Springs Ordinance No. 200 I-52 Page 3 of 4 Section 8. Whereas Recitals. The aforementioned "whereas" recitals are hereby fully incorporated herein by this reference as findings of the City Commission of Winter Springs. Section 9. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, however, the annexation proposed by this Ordinance shall only become effective if the proposed annexation receives approval by a majority vote of the registered electors of the area of real property proposed to be annexed by this Ordinance. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2001. PAUL 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: Effective Date of Ordinance: Referendum Held On: Annexation Referendum Results: For Annexation Against Annexation City of Winter Springs Ordinance No. 2001-52 Page 4 of 4 EXHIBIT A - SHEET 1 Sheet 1 S~e Sketch of D~scription DESCRlPTrON: That part of Section 13 Township 21 South, Range 30 East, Seminole County; Florida; being recorded as the plat WINTER SPRINGS in Plat Book 15, Pages 81 and 82 of the Public Records of Seminole County, Florida, and that part ofTuskawilla Road lying West of said plat and that part of Citrus Road lying South of said plat; and a tract of land bounded by said plat being more particularly described as follows: Commence at the Southeast comer of Gardena Fanns as recorded in Plat Book 6, pages 23 and 24 of the Public Records of Seminole County, Florida; thence run N 05009'30" E a distance of 33.00 feet; thence N 85000'00" W parallel with the Southerly line of said Gardena Fanns a distance of2899.19 feet to the POINT OF BEGINNING; said point being the intersection of the East boundary. line of the aforementioned plat WINTER SPRINGS and the North Right of Way line of Citrus Road; thence run N 85000'00" W along the South boundary line Blocks "A" and "F" of said plat and along said North Right of Way line for a distance ()f 2580.38 feet to the Westerly Right of Way line of Tuskawilla Road as according to the aforementioned plBt WINTER SPRlNGS; thence N 04024'22" E along said Westerly Right of Way line for a distance of 1554416 feet; thence run the following thirteen (13) courses along the North boundary line of said plat; S 85000'00' E a distance of 1220.50 feet; thence S 59008'04" E a distance of 184.34 feet; thence S 35008'02" E a distance of 164.69 feet; thence N 3r09'3I" E a distance of 190.00 feet; thence S 52050'29" E a distance of 170.00 feci; thence N 37009'31" E a distance of99.14 feet; thence S 52050'29" E a distance of284.65 feet; thence N 31006'10" E a distance of226.67 feet; thence S 85000'00" E a distance of 458.83 feet; thence S 20029'25" W a distance of 50.00 feet; thence S 56012'22" E a distance of238.58 feet; thence N 42034'49" E a distance of 247.48 feet; thence S 52050'29" E a distance of514.86 feet to a point in the center of HoweU Branch; said point also lying on the Westerly boundary line of said plat WINTER SPRINGS; thence run along said Westerly boundary line and along the center line of Howell Branch the following courses; S 18016'02" W a distance of41.09 feet; thenceN 83046'25" W a distance of55.83 feet; thence S 25022'08" W a distance of49.23 feet; thence N 73007'12" Wa distance of86.23 feet; thence S 76055'21" W a distance of63.85 feet; thence S 37027'51" W a distance of 87.07 feet; thence S 03 031' 16" E a distance of 105.25 feet; thence S 63029'3 1" W a distance of76.66 feet; thence S 09048'00" E a distance of213.45 feet; thence S 09020'54" W a distance of 95.50 feet; thence S 48049'27" W a distance of96.75 feet; thence S 43056'54" W a distance of 178.80 feet; thence S 11052'27" W a distance of 144.05 feet; thence S 36022'20" W a distance of 131.49 feet; thence S 29041 '40" W a distance of 187.83 feet; thence S 70011 '40" W a distance of 171.51 feet to the Point of Beginning; together with that part of any additional Right of Way for TuskawiIla Road lying West of and adjacent to this description and together with that part of Citrus Road lying South of and adjacent to this description. Prepared by: This description and the accompanying sketch or sketches has been prepared in accordance with the Standards set forth in Chapter 61GI7, F.A.C., pursuant to Chapters 177 and 472, Florida Statutes. Unless it bears the signature and the original raised seal of a Florida. licensed surveyor and mapper this drawing. sketch. plat or map is [;)r informational purposes only and is not valid. Tinklepaugh Surveying Services. Inc. 379 West Michigan Street Suite 208 Orlando, Florida 32806 (407) 422-0957 TOO-C96 . V) :git io'i~ a ll) 1: ~ll)~ C'\j ..... Q: ~ ~ t..,l..J~ . ~ ~: .'" ~ ~ ~~~ '1-~~ a~~ ~a~ <:~ S B5'OO'OO" E 1220.50' I I I , I J)rso/V J)R/YS ,,1\1: I ~H Uf UJ::SCRIPTION .. NOT A SURVEY .. SHEET 2 OF J SEE SHEE r I FOR LEGAL DESCRIP nON AND CER TlFlCA nON t1 -~- I 8 '" . l.. ~ ~ SURVEYORS CI TRus ROAD (~6' R/W) rOIN T OF BEGINNING N 85'00'00" W 2899.19' C/l'RUS RO~J) S 05'00'OD" W 66.00' NOTES: I. This is not 0 Boundary Survey. 2. Bearings based on the South line of Block F being N 85'00'00" W os shown on the plot WINTER SPRINGS os recorded In Plot Book 15, Pages 81 and 82 of the Public Records of Seminole Coun ty, Florida. J. The Righi of Way for Tuskowillo Rood vories in wid/h. No information os 10 the present Right of Way alignment or width has been prOvided to. or reseoched by Tinklepough Surveying Services. Inc.; other than tax mops and recorded plots. The Right of Way shown hereon is per record plot. . 4. The subject property shown hereon contains 704.620 acres more or less. The area for Citrus Rood and the area for any additional right of way that may exist for Tuskawilla Rood is not included. 5. Seminole County Tax Mops indicate Citrus Rood os beln'g 0 66' right of way. No other information has been provided to or researched by Tinklepough Surveying Services. There may exist matters of title in the Public Records of this county. 6. See sheet J for line tables. POINT OF CO SOUTHEAST CORN'MMENCEMENT PLA T BOOK 6. PA~~SOF CARD[NA FA.~u~ 2J AND 24 .""V PREPARED FOR: CITY OF WINTER, SPRINGS '" w. ."~~&~~~:~~~r~c~,. "'" J Tolo. I/o. (~07) ~2:i!-09:17 Fu I/o. (~07) 422-091:1 UCEI/SEO BUSII/ESS 110. 3716 DRAWN BY: R. NIETO DA 1[: 7/25/00 ORDER NO.: roOC96 SCALE: I".. 500' FILE: SX # 7024 M >< ~ ~ OJ - ~ >- I en ~ M M ~ l--.J ..... .' EXHIBIT A - SHEET 3 SKETCH OF DESCRIPTION -- NOT A SURVEY -- SHEET J or J LINE TABLE NUMBER BEARING OISTANCE LT S 59U8'04" E 184.34' L2 S 35'08'02" E 164.69' LJ N 37'09'31" E 190.00' L4 S 52'50'29" E 170.00' L5 N 37U9'31" E 99.14' L6 S 52'50'29" E 284.65' L7 N 31U6'10" E 226.67' L8 S 8500'00" E 458.83' L9 S 20'29'25" W 50.00' LTO S 56'12'22" f 238.58' LT1 N 42".34'49" f 247.48' LT2 S 52'50'29" E 514.86' LT3 S 1816'02" W 41.09' L14 N 83'46'25" W 55.83' LT5 S 25'22'08" W 49.23' LT6 N 73'07'12" W 86.23' LT7 S 76'55'21" W 63.85' LT8 S 37'27'51" W 87.07' LT9 S 03'31'16" f 105.25' L20 S 63'29'31" W 76.66' L2/ S 09'48'00" f 213.45' L22 S 09'20'54" W 95.50' L23 S 48'49'27" W 96.75' L24 S 43'56 '54" W 178.80' L25 S 11'52'27" w 144.05' L26 S 36"22'20" W 131.49' L27 S 29'41'40" W 187.83' L28 S 70'11'40" W 17/.51' NOTE: See sheet 1 for legal description and certification. See ~eet 2 for drawing and surveyors notes. PRO,EC T: FILE: sx i 7024 Tinklepaugh SURVEYING SERVICES. INC, .379 WEST \,j,CHlCAN ST. . SUITE 208. CR~OO. FL .32806 CITY OF WINTER SPRINGS ~AWN 8Y: R. NIETO ORDER NO.: rOOC96 SCALE: ,.: 500' DAte:: 7/25/00 (407) 422-0957 UCENSED 8US[NESS No. 3778