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Home My WebLink About2000 11 27 Public Hearing A Second Reading - Ordinance 2000-36 Annexation of Carroll PropertyCOMMISSION AGENDA ITEM November 27, 2000 Meeting REQUEST: X Regular 'r~~~~' Mgr. / Attor. / Authorization The Community Development Department -Planning Division requests the City Commission hold a public hearing for second reading and adoption of Ordinance 2000- 36 that would annex approximately 10 acres of the Carroll property. PURPOSE: The purpose of this request is to annex approximately 10 acres 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." CONSIDERATIONS: • 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. Consent Informational A Public Hearin CDD/Novemba 11, 2000/L0:38 AM NOVEMBER 27, 2000 PUBLIC HEARING AGENDA ITEM A Page 2 • The property is approximately 10 acres and is a vacant, treed lot with grassed front. • The Planning & Zoning Board/Locai 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 staffto review the letter of objection from the City Manager of Oviedo and any comments from the county. • The City Commission held a first reading of Ordinance 2000-36 on October 23, 2000 that would annex approximatesly 10 acres located on the northside of S.R 434 about 600 feet west of the intersection of State Road 434 and DeLeon Street. • 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 govenrmental jurisdictions, the City of Wiener 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 repeatedly refused and eventually approved a two-party agreement with the County. • The City of Oviedo now wants the City of Winter Springs to defer to its Joint Planning Agreement (JPA) and cooperate with the City of Oviedo and accept the City of Oviedo's land use and zoning designations. 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 JPA which includes the subject (Carroll) property. City staff member, Thomas Grimms AICP, has been in contact with four (4) 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. At its October 23, 2000 meeting, the City Commission held a first reading of Ordinance 2000-36 that would annex the approximately 10 acre Luther + Joanne Carroll property. cnn~nba 2 i, 2000/9:03 nrs NOVEMBER 27, 2000 PUBLIC HEARING AGENDA ITEM A Page 3 • At its November 13, 2000 meeting the City Commission held a reading of Ordinance 2000-36 and voted to hold a second reading at a third public hearing on November 27, 2000. FISCAL IlVIPACT: None STAFF RECOMMENDATION: Staff recommends that the Commission hold a public hearing for second reading and adoption of proposed Ordinance 2000-36 to annex the Luther & JoAnn Carroll Pmperiy. Il~IPLEMENTATION SCHEDULE: A public hearing for second reading and adoption of Ordinance 2000-36 is scheduled for November 27, 2000. The ordinance would become effective immediately upon adoption per Sec. 4.15(c) City Charter and 166.041(4) F.S. ATTACffi1~NTS: A. Proposed Ord. 2000-36 B. Map of general location of Carroll Property. C. Letter from Terry Zadtke, CPH Engineering, Inc. to Ron Mclemore D. Legal advertisement COMMISSION ACTION: CDD/PTavember 21, 2000/9:03 AM ORDINANCL' 2000-3G 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 CI'1?Y 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 SEVERABILTTY; 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 Ordinancc 2(NN!-3G City of Wintcr Springs I':~gc I of 4 Winter Springs and will not create an e»clave; acid WHL'RCAS, 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 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 this reference. Section 2. City Boundaries Redefined; Winter Springs Charter Amended. Pursuant to Section 166.031(3) Florida Statutes, and Section 171.091 Florida Ordinancc 2000-36 City of Wintcr Sprinbs P:,gc 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 properly 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 Circuit Court and the Seminole County Manager within seven ('n days of said approval. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior ordinances and resolutions or parts of prior 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. Ordinance 2000-36 City of Winter Springs Page 3 of 4 ADOI'`I'L'I) by the City Commission of tl~e City of Winter Sprinls, Florida, in a regular meeting assembled on tl~e day of , 2000. PAUL P. PARTYKA, MAYOR REVIEWED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF ~~QV1~R SPRINGS ONLY. ANTHONY A. GARGANESE, CITY ATTORNEY ATTEST: ANDREA LORENZO-LUACES CTI'Y CLERIC 1~ READING POSTED 2ND READING AND PUBLIC HEARING -~ Ordin7nce 2(wU-3G City of Wintcr Springs P~gc ~ of ~ EXHIBIT A METES AND BOUNDS SURVEY FOR LUTHER & JOANN CARROLL PROPERTY Lot 19, VAN ARSDALE OSBORNE BROKERAGE CO.'S AOOITION TO BLACK HAMMOCK, according to the plat thereof as recorded in Plat Book i, Page 3i. Public Records of Seminole County, Florida, Less road right of way, being more particularly described as follows. Begin at the Northwest corner of Lot i9 VAN~ARSDALE OSBORNE BROKERAGE CO.'S ADDITION TO BLACK HAMMOCK, according to the plat thereof as recorded in Plat Book i, Page 3i, Public Records of Seminole County, Florida said point being a i/2" iron Rod LB6300 set in place; thence run S00°38'S0'W along the Easterly right of way line of Beacon Street, a distance of 629.07 feet to a point on the Northerly right of way line of State Road 434 per Right of Map Section 77070-2520, said point being a i/2' I ron Rod L66300 set i n p 1 ace; thence S89° 33' i6' E a I ong the Northerly right of way line of said State Road 434 a distance of 639.98 feet to a i/2' Iron Rod LB6300 set in place; thence departing said northerly right of way run N00'38'50'E along the Easterly line of lot i9, a distance of 625.68 feet to a point on the Southerly right of way line of Florida Avenue; said paint being a i/2' Iron Rod L86300 set in place; thence N89'i5'37'W along said Southerly right of way line a distance of 639.98 feet to the point of beginning. EXHIBIT A (continued) v ,, Carroll Property Annexation ~~l:.bv: CONKLIN PORTER AND HOLiAES 407 848 1038; 11 /20/00 15:08; JecFa~c /f342;Page 2/2 I~ O t ffGRJ~cF3. IIdC. Memo Date: November 17, 2000 To: Ron McLemore, City Manager Organization: City of Winter Springs From: Terry M Zaudtke Re: Carroll, Minter, and Weaver Annexations CPH Job No.: WOa97 CPH En9ineers;.lne. 1117' E88tRObkltOfl SEreet Su(te C OAanda, Floflda 32801 Phone: 407~25~0452 Fax: 407.648.1036 www,cpher~gi4eeta:com The city has received and is currently processing annexation requests from the Carroll tract (1t) acres), the Minter trail (35 acres) and the Weaver tract (30 acres).l'he city requested an evaluation of the City of Winter Springs water and wastewater systems io determine if available capaaty exists to serve these areas. We reviewed the available planning documents and met with the aty staff to discuss future development within the corporate limits of the City of Winter Springs. Wastewater Services We have determined that the city has approximately 205,000 gallons per day of capacity at the East WRF remaining for service to new areas after build-out within the city limits. In addition, capacity can be made available from the West WRF with modifications to the collection system or the East WRF can be expanded if the need for additional capadty arises. We estimate the capaaty needs for these tracts to be approximately 75,000 gallons per day. This area would be connected to the aty collection system by the forcemain that will serve BeUefaire. Water The aty has adequate capaaty to serve existing and new customers from the water treatment and distribution system. This new area would be connected to the system that will serve Belletaire. A new well (well number 4) has already been permitted by SJRWMD for WTP 1 and is under design for construction during this fiscal year. No other major improvements to the system are an6apated in order to serve this area. Adjustments can be made at any time to the water system that will produce additional capaaty without significant costs. ,I.VNOS971WadW„Og6on COR01. MNYr, WNrif ViMiadoc . n.-. r .n . nor OC•i P Q7 - - - ~ c:... .. . ..+ GAPACIT'Y ANALYSIS h'nlt t~Ati I' wtZh' [)ndevelo ed Tracts (~rill~in city limits) Ttuflic Property Singlc Multi (:c~mmercid) %unc 1~xmi1 Fantil Ai~a Unity t'low ltaPt)) lJnits Clow (GPD) Acres Plow fGrn~ 71 Schrimehcr 120 3Q,At)0 31--.~- 3G,~i0U Csssccll 12(1 30,0(}A 3~3 3U.UUU i~ Rcxrrvc at Tuscx~filla 12 ~,2UU I..t). P1An1c ~ ICU 49,000 'I'uwn Ccntcr (Schrimshcr) 1 G.3 1 G,3(-0 R$ 'fuw~n Ccntcr (Schrimshcr) l 13 ~II,UUU ~~S 112,000 S6 St;,OG4 87 ttcmaininK Seminole Pines/Athcr 127 #5,000 .. ' 1 S 15,OG(1 7?6 ltlorsa~CasscclUl'irutti` ~~)6 72,100 13S~0f-0 ?83 l..l). t'lznce 486 l2fi,Q0A '1'u,wny Place h5 1G,.'..SO lJnk. IlaUle Rtd~e 110 3A,500 ~..n men ~n~ AfiA $ublutel -Flows s-ro.ov~~ ~••,~,~~ ---,- - - Tutxl Fuwrc Flow ~ ~ $49'90 t:zisting Flow 957,000 ~'otal - rxictiug rlus ruwre ('lows _ 1,306,950 Permitted Plant Capacity 2,Ol2,UG0 Rcmaini-tg Capacity (C31'U) ~ ZO5,050 Capacities are based on ?SU GPD pcr M!' unit. 350 GPD pcr SF.unit and I OQO CI`U pcr acre for ct-mmcrcial. Eiactd nn 1,)SI1,UUti Si' t-rI1CC 5pacc; estimate bxscd on developer projectio~~s - ,~ , ,; ..~ ~. : •~: .. .. ~, • NOTICE • •r THE CI ~ ~ INO ON 1. AN APP .~ '~.~ . j. .. ._. `•~ .~ •'~ ~.~ ter. . ~~ ,~.r„'~ • : ~~ a- P ~. i~~ ', ~: .. iu hr :1 'I ~+ •y?.:' . ~~• .~ ~i} `}~?~ :; •~; ~'•• .~ N ' :' _ M%:. t ~ `~t '~ .'1+ L • ~.. •; • 4 s •' STATE .. N V l llkl,,.L+ . V li CONSIDERATION OF:~= ti:+~ ~~ _ 4..~! r;~ANNEXAT~ION CiARROLL~~P~ROP~RTY; ±'"' i~`: ~j •" . . is -7 .. IS H~REBY Si1VEN THAT THE CITY COMMISSION OF TY OF~/INTER.SPRMGS WILL HOLD A PUBLIC HEAR- ORDI~IANCI~ 2000-36. TO• CONSIDER ANIJ6XATION OF ROXIMATELY 10 • ACRE PARCEL OF LAND LOCATED IMr1T~LY 600 FEET WEST OF~THE INTERSECTION OF ROAD'434 AND DELEON STREET. . ,•_i; ' ~.6~.. - G;• cwo~t iwoiiarr '••~- Ai1NL1(AT7011 ~:.f's .. Qiyq oy~ A SECOND READING AND HEARING,- ON THE PROPOSED ~i ANNEXATION WILL BE HELD ON NOVEMBER 13, 2000 AT 6:30 P.M;':ArT';THE WINTER SPRINGS CITY HALL. THISa'~PUBL7C HEARING WILL TAKE. PLACE AT THE CITY COM- MISSION CIiAMBERS AT 1126 EAST~STATE ROAD 434, WINTE,. SPRINGS, FLORIDA. INTERESTED PERSONS MAY ATTEND AND BE HEARD. ~~,..°,(.~~OMPL~TE' I:BGAL DESCRIPTION BY~METES AND BOUNDS ~AND'THE ORDINANCE PERTAINING TO THE ABOVE MAY Ed's OBTAINED FROM THE OFFICE• OF THE Ci"CY• CLERK, AT CITY H~tiI., 1 I26 EAST STATE ROAD 434, W[I1'fER SPRINGS, FLORI- D FOR MORE INFORMATION CALL (407) 327-1800 #227. . ,• ..:PERSONS WITH DISABILITIES NEEDING ASS[STANCB TO PAR- :, vPATE IN ANY OF THESE PR()GEEDINGS•SHOULD CONTACT ,; ~ ~ EMPLOYEE RELATIONS D~PAR'I'l~NT COORDINATOR'48 f~iQURS IN ADVANCE OF3~ HE MEETRJG•AT (407) 327-1800 #23G. . ;rc,:•, IS IS A.PUBLIC HEARING. iFYOU DFfCIRE:DO APPEA[:•ANY ::' DECISION OR I~COIvIMENDATIQTJ MADEBY,THE..CITY COM- ISSION WITH RESPEL~'•1'O ANY ~MA'y'I'ER~,CONSIDERED AT TH[S• MEETING, YOU WILL NEED 'A' REC43RD OF THE PRO- ~~cc CEEDINGS, AND, FOR• SUCH. PURPOSES, 1COU MAY NEED TO '4rENSURL'THATA V>;R[iATIM RECORD OFTHE PROCEEDINGS IS ~ IvffrDL' U~'OtN• WH[Cli TjiE APPEAL IS TO BE ~DASED. ~ . i.t'ti - n ~iJfr"iwic. U1~' l.;,HANUL •1•U 'X't1L++' ~ . RE LAND USE MAP .: -ND/JESSI~P SHORES PROPERTY.• ~'~ r GIVENTHATTHL•CITYCOMMISSIONOFTHECITY ~~ GS WILL HOLD A FIRST (TRAN$MITTArL) PUBL~C RGE SCALE COMPREHENSIVE PLAN AMENDMENT - ~NGE THE FUTURE LAND USE MAP DESIGNATION '•TO'TOWN CENTER" ON THE SPRINGS LAND/1ES- ' ~ a , ERTY LOCATED ON THE SOUTI~ SIDE OF STATE URVEAND ADIACENTONTHE NORTH SIDE OFTHE ' •..~ WINTER SPRINGS BRANCH (SEE MAP). ~ ) ~s. ~>, ~ `. s ~. ,:1 } • ~ i '' i ~~ ~ ~ r.". c<.,K o4rda a.r.a..r ~~.o ~. o:w:w M..d.t a ? , ~ . r /. t ''~ is ~4 ? ) . z ' ap ~' ~i -. Orw. cF.nFrt `. ~` ~- `~r- ~ ~. ~I ON THE PROPOSEU LARGE~SCALECOMPRE- ~MENT WILL BE HELD ON NOVEMBER 13; GS WILL TAKE PLACE AT CITY HALL, 1126 1, WINTER SPRINGS, FLORIDA. INTERESTED J AND BE HEARD. AT[ON PERTAINING TO THE ABOVE MAY 8E -CITY CLERK'S QFFICE AT 1126 EAST STATE RINGS, FLORIDA. FOR MORE INFORMATION ' Z7. . • } tILCI'IBS NEEDING ASSISTANCE TO PARTICN ~E PROCEEDINGS SHOULD CONTACT THE D$PARTMENT COORDINATOR 48 HOURS IN IiTN(}AT.1j447).327-1800 #236. • ~::;; •*•a"r:n< .. .. :.: ~ . ~•r . ..1..: .. •~., , •, A RING. IF•3't7UDl~t,~1.DE-710APPEAI;ANY• ~~ ION.MADEBYTHCC[TY COMMISSION WI'1T~ ITER COMSIDERL•D AT TIi1S MEETING, YOI~ OF THE PROCEEDINGS,AND, FORSUCH PUIt- 1'iO ENSURE THATA VERBATIM`RECORDO$ ,MADE UPON WHICH THE APPEALIS~TO BE rj r= ~: i~ :• ~~~ .. ~ L_ ~. ---.D.~.~. ~_ •a nt•. . . . . ~ ~. ~ st ~~ i 777~~~~ g ~~~ F ~~~.~ s ~~ ~ t~g~ ~~ s~ ~ ~ $ ~ ~ ~• ~ ~~~ ~ ~ ~~ ~. ~ ~~ ~ ,~ ,n ~~5 fi ~ ~~ ~ ~ ~ ~ ~ ~ SSS ~ ~~ ~~ ~ ~ ~~~ d b~ N . r ~Y 0 ~~ a~ _ .~ ~~ O °' rn ~ . ~~` A -. O. ~v ~~ ~ .:~ V .~ ~~ . ~^ Y 4 y ., . .d .N 0 0 ~~ o..T ~~o :~ A ~ '3. 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