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HomeMy WebLinkAbout2001 06 11 Public Hearings F Second Reading - Ordinance 2001-33 Establish District Boundaries COMMISSION AGENDA ITEM F Consent Informational Public Hearing X Regular June 11, 2001 Meeting v-- Mgr. I Atlor I )1em... Authorization REQUEST: The Community Development Department presents to the Commission the Second Reading of the recommendation of the Districting Commission as it relates to the redistricting of the City and to request adoption of Ordinance No. 2001-33 which will establish district boundaries reflecting the January 3 I, 200 I population. PURPOSE: The purpose of this agenda item is to present to the Commission the recommendation of the Districting Commission as it relates to the redistricting of the City and to request adoption of Ordinance No. 2001-33. APPLICABLE CODE AND LAW: Section 4.02. Commission districts; adjustment of districts. (a) Number of districts. The City Commission of the City of Winter Springs, Florida, shall by separate ordinance divide the City into five (5) geographical commission districts, (b) Districtil1g commission. By the first day of February, 1991, the first day of February, 1992, and every three (3) years thereafter, the City Commission shall appoint seven (7) city electors determined from the registration of the last regular election, one (l) to be appointed by each commissioner from his/her respective district, and two (2) appointed by the mayor from the City at large, who shall comprise the districting commission. Electors chosen shall not be employed by the City in any other capacity. The initial districting commission, creating and establishing the first commission districts, shall be appointed by each commissioner and the mayor from the City at large. (c) Report; specifications: The districting commission shall file with the official CDDlMay 31,200111:43 PM JUNE 11,2001 PUBLIC HEARING AGENDA ITEM F Page 2 designated by the city commission a report containing a recommended plan for establishment or adjustment of the commission district boundaries. The initial districting commission, creating and establishing the first commission districts, shall file such report within ninety (90) days of appointment. Thereafter, such reports shall be filed within one hundred twenty (120) days of appointment to the districting commission. The Commission district boundaries shall comply with the following specifications: (1) Each district shall be formed of compact contiguous territories, and its boundary lines shall follow the centerlines of streets insofar as practical or possible, or other boundaries available. (2) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution and as represented in the mathematical preciseness reached in the legislative apportionment of the state. (3) The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance. Once filed with the designated official, the report shall be treated as an ordinance introduced by a commissioner. (d) Support. It shall be the responsibility of the City Manager to provide staff assistance and technical data to the districting commission. (e) Procedure. The procedure for the city commission's consideration of the report shall be the same as for other ordinances, provided that if a summary of the ordinances is published pursuant to this Chapter and general law, it must include both the map and a description of the recommended districts. (f) Failure to enact ordinance. The city commission shall adopt the redistricting ordinance at least one hundred twenty (120) days before the next city election. If the City commission fails to either accept or reject the redistricting ordinance, the report of the districting commission shall go into effect and have the same effect of an ordinance. The proposed redistricting ordinance may not be rejected for any reason except for failure to comply with the specifications listed in section 4.02(c) oftrus Charter or failure to comply with other local, state or federal law. (g) Effect of enactment. The new commission districts and boundaries as of the date of enactment shall supersede previous commission districts and boundaries for all purposes; provided all incumbent commissioners shall continue to hold office for the entire term to which elected notwithstanding any change in commission district and boundaries. CDD/May 31,2001/1:43 PM JUNE 11,2001 PUBLIC HEARING AGENDA ITEM F Page 3 Florida Statutes, County Organization and Intergovernmental Relations, Chapter 124, Commissioners' Districts. Section 124.01. Division of counties into districts, county commissioners. (1) There shall be five county commissioners' districts in each county, which shall be numbered one to five, inclusive, and shall be nearly equal in proportion to population as possible. FINDINGS: 1) The Districting Commission was appointed by City Commission action of January 22,2001. 2) The one hundred twenty (120) day requirement for report filing expires May 22, 2001. A report can be filed prior to the one hundred twenty (120) day period. 3) The Districting Commission adopted its report on March 15,2001 and filed the report in the adopted minutes on April 26, 2001, thereby meeting the May 22 deadline. 4) The only portion of Florida State Statutes which approximates the "mathematical preciseness reached in the legislative apportionment of the state" is that found in Florida Statutes Section 124.01 which reads "shall be as nearly equal in proportion to population as possible". The Staff recommendation presented to the Districting Commission has a difference of one hundred forty four (144) persons between the proposed highest populated district (District 3) and the proposed lowest populated district (District 5). The goal that the previous Commission had established was to have no more that a one percent (1 %) population difference between districts. The recommendation presented has a difference on 0.5 percent between the most populated and the least populated districts. 5) The City Commission does not have to accept the Districting Commission's recommendation. 6) The Districting Commission recommendation as being presented to the City Commission allows all present City Commissioners to remain in their respective districts. 7) The Districting Commission recommended district map has followed street rights of way, power easements, streams, etc., as much as possible. CHRONOLOGY: March 1,2001 - Districting Commission meeting - staff presented the proposed boundaries. CDDlMay 31,200111:43 PM JUNE 11,2001 PUBLIC HEARING AGENDA ITEM F Page 4 March 15,2001 - April 26, 2001 - District Commission meeting - the Districting Commission recommended approval of the boundaries as presented to the City Commission. Districting Commission approved the minutes from the March 15,2001 meeting. City Commission approved Ordinance 2001-33 for second reading. May 14, 2001 - RECOMMENDATION: The recommendation is that the City Commission adopt Ordinance No. 2001-33 adopting Commission District boundaries as required by the City Charter. ATTACHMENTS: A - Memorandum detailing the Methodology for the Districting B - 1998 District Boundary Map for Comparison C - 2001 Staff Recommended District Boundary Map D - Proposed Ordinance E - Districting Commission Minutes for March 15,2001 F - Legal ad COMMISSION ACTION: COO/May31, 2001/1:43 PM ATTACHMENT A February 13, 200 I To: Ron McLemore, City Manager /]) From: Don LeBlanc, Land Development Coordinator~ Re: Districting The following information is submitted as it relates to districting: The estimated population determined by the 1998 Districting Committee was 28,776. The issuance of Building Permits (from February 1, 1998 through January 31,2001) was the vehicle utilized to estimate the population as of January 31,2001. The Persons Per Household (PPH) are the same as used in 1998 and are listed below. I also utilized an Occupancy Rate (OR) of ninety four percent (94%) - a figure consistent with the Comprehensive Plan. 1) Persons per Household (PPH) a) Single Family PPH 3.03 b) Multi Family PPH 2.07 c) Mobile Home PPH 1.81 2) Formula utilized to obtain estimated population per District: Number & type residence X PPH(for specific use) X OR = Population increase DISTRICT ONE - February 1998 Population - 5,766 Single Family Building Permits Issued - 59 ><' 3 . "y"> ~ (7 ;', ~. I Mobile Home Building Permits Issued - 1 )<, I' I ~--~u,-- X "l -I?.. .= J 7 0 Population Increase - 170 January 31,2001 population - 5936 DISTRICT TWO - February 1998 Population - 5,771 Single Family Building Permits Issued - 201 Multi Family Building Permits [ssued - 252 Population Increase - 1063 January 31,2001 population - 6834 DISTRICT THREE - February 1998 Population - 5756 Single Family Building Permits Issued - 208 Population [ncrease - 592 January 31,2001 population - 6348 February 12, 200 I McLemore (Oistricting) Page 2 DISTRICT FOUR - February 1998 population - 5757 Single Family Building Permits Issued - 51 Multi Family Building Permits Issued - 250 Population Increase - 632 January 31, 2001 population - 6389 DISTRICT FIVE - February 1998 population - 5726 Single Family Building Permits Issued - 444 Mobile Home Building Permits Issued - 10 Population Increase - 1282 January 31, 2001 population - 7008 Total Population - 32,515 The average population per district should be 6,503 DISTRICT ONE SHIFTS: Estimated population 01-31-01 Population to District 4 5,936 - 73 5,863 +670 6,533 To District 4 - 24 units North Orlando Townsite 4th Add Replat of Sheet 2 Block 8 Lots 1-18 Block 12 Lots 18-23 24 X 3.03 = 72.72 or 73 Population from District 5 Revised Population 01":31-01 From District 5 - 221 units Foxmoor Unit 3 Block H Block L Block M Block N Block 0 21 units 21 units 19 units 2 units 11 units 74 X 3.03 = 224.22 or 224 North Orlando Ranches Section 5 25 units X 3.03 =75.75 or 76 North Orlando Terraces Section 8 of Unit 2 64 units X 3.03 = 193.92 or 194 North Orlando Terraces Section 9 of Unit 2 58 units X 3.03 175.74 or' 176 February 12, 200 I McLemore (Oistricting) Page 3 DISTRICT TWO SHIFTS: To District 3 - 26 units Chestnut Estates Phase One 26 X 3.03 =78.78 or 79 To District 5 - 88 units Oak Forest Unit 7 88 X 3.03 = 266.64 or 267 DISTRICT THREE SHIFTS: From District 5 - 53 units Tuscawilla Unit 6 53 X 3.02 + 160.59 or 161 DISTRICT FOUR SHIFTS: DISTRICT FIVE SHIFTS: Estimated population -01-31-01 Population to District 3 Population to District 5 Revised population 01-31-01 Estimated population 01-31-01 Population from District 2 Population from District 5 Revised population 01-31-01 '- Estimated population 01-31-01 Population from District 1 Revised population 01-31-01 Estimated population 01-31-01 Population from District 2 Population to District 1 Population to District 3 Revised population 01-31-01 6,834 - 79 6,755 - 267 6,488 6,348 + 79 6,427 +161 6,588 6,389 + 73 6,462 7008 +267 7,275 - 670 6,605 - 161 6,444 February 12, 2001 McLemore (Districting) Page 4 ESTIMA TED PO PULA TION AND PERCENTAGE OF POPULA TION BY DISTRICT AS OF 01-31-01 DISTRICT ONE 6,533 0.200 20.0% DISTRICT TWO 6,488 0.200 20.0% DISTRICT THREE 6,588 0.203 20.3 % DISTRICT FOUR 6,462 0.199 19.9% DISTRICT FIVE 6,444 0.198 19.8% TOTAL: 32,515 100% cc: Districting Commission ATTACHMENT B I ...c: ...u ... o Z :' J < ! -- -.... 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I ATTACHMENT C ~ ...... '" o Z Cl ~ :~ = 0 'T'- --a )~a ~ (1) C\J J-- C -c co ""'..., ::J -<.-, ~ ;O.Q ~ -- CJ.) Cl)Ll. -Cl) )-- ~~ -~ -0 Jo ;1 ~ ~ ~- ~ ~ ... ... ... ~ ~ M ,I ,I .......... ~ ~ ... ..J N ~ s ~. AI I ~ S'&' ~~ II . . II ~ ~ ! 5 l -~ ~. ~~ ~1 "II' ..:;; h ,I , , , , , , , , ~ ~g ~~ "- "I !~ Ii ,I , I I i I , I -I I ! ~ ;; ->11 l o i I i I i ~ i ATTACHMENTD \ "i ORDINANCE NO. 2001-33 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA ADOPTING THE CITY OF WINTER SPRINGS MAP AND DESCRIPTION OF THE RECOMMENDED DISTRICTS FILED WITH THE CITY BY THE DISTRICTING COMMISSION PURSUANT TO ORDINANCE NO. 494; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida previously adopted Ordinance No. 241, Ordinance No. 494, Ordinance No. 505, Ordinance No. 524, Ordinance No. 584, Ordinance No. 701, and the citizens of the City of Winter Springs, Florida, have adopted by referendum five (5) geographical Commission Districts; and WHEREAS, the City Commission of the City of Winter Springs, Florida, is obligated, pursuant to Ordinance No. 494 of the City of Winter Springs, to accept or reject the redistricting report of the Districting Commission; and WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this . ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. That the ReportfMap and description of the recommendations by the Districting Commission, pursuant to Ordinance No. 494 of the City of Winter Springs, Florida, which ReportfMap and description are attached hereto and incorporated herein, are hereby accepted. City of Winter Springs Ordinance No.200 1-33 Page I of 3 ~ , ~' Section 2. With respect to the enclave of real property located within unincorporated Seminole County and between District 2 and District 5, it is the intent of the City conunission that the enclave property to the west of Tuskawilla Road be included in District 5 and the enclave property to the east ofTuskawilla Road be included within District 2 at such time any portion of said enclave is duly annexed into the boundaries of the City of Winter Springs. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall become effective inunediately upon adoption by the City Commission of the City of Winter Springs, Florida. . . ADOPTED by the City Conunission of the City of Winter Springs, Flqrida, il} a regular '. meeting assembled on the 11 th day of June PAUL PARTYKA " Mayor ZO-LUACES City of Winter Springs Ordinance No.2001-33 Page 2 of 3 ~ .- Approved as to legal form and sufficiency for the City of Winte 'ngs only Anthony A. Garganese, City Attorney First Reading: May 14, 2001 Second Reading: June 11, 2001 Effective Date June 11, 2001 F:\DOCS\City of Winter Springs\Ordinances\2001-33 - redistricting.kj City of Winter Springs Ordinance No. 2001-33 Page 3 of 3 ~ . ,. a... ~ =~ = (.) 'T"- --0 i~ 0 - C\J -Cf) ~ \ -- c... ' = a co ~...., :::J - <-. \.;:, =O..a - -- (J) Cf)L( -C/) )-- -~ -~ -0 )(.) ........ .....= ~ ~ o Z ;; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ " ] i lj 101 .j N ~ ii h I ~ ~ S'i ~~ II ~ . ~ ~ l ~~ ~~ ~i .w .- ii .1 , , , , , , , , ~ ~~ ~~ OJ l:<f h Ii ! ~ .0; l i o ,I I 1 r I 2 ~ ~ ATTACHMENT E CITY OF WINTER SPRINGS MINUTES DISTRICTING COMMISSION MEETING MARCH 15,2001 I. CALL TO ORDER Chairman Lee Ferguson called the Meeting to order at 6:30 p.m., Thursday, March 15, 2001 in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Mr. Lee Ferguson, present Mr. Byron Giltz, absent Mr. James P. Mathews, present Mr. James 1. McShea, Jr., present Mr. William Poe, present Mr. Vernon Rozelle arrived at 6:40 p.m. Mr. Charles Sorkin, present Also Present Mr. Don LeBlanc, Land Development Coordinator Approval of the March 1,2001 Meeting Minutes MOTION BY COMMISSION MEMBER POE. "I MOVE THAT WE APPROVE THE MINUTES." SECONDED BY COMMISSION MEMBER McSHEA. DISCUSSION. THE BOARD AGREED TO THE MOTION BY CONSENSUS. II. REGULAR A. Community Development Department Land Development Division Presents To The Districting Commission A Recommendation For The New Commission District Boundaries As Required By The City Charter, Further, The Districting Commission Must Forward A Recommendation To The City Commission For Their Action. The Commission discussed whether Commission Members were able to "walk the lines"; the disparity between the numbers without the census figures; the Chestnut Estates subdivision being divided into two districts; and that District Five (5) and District Two (2) should have the future growth. Commission Member Vernon Rozelle arrived at 6:40 p.m. CITY OF WINTER SPRINGS MINUTES l)lSTRICfING COMMISSION REGULAR MEETING - MARCH 1,2001 PAGE20F2 The Commission complimented Mr. LeBlanc on his methodology and stated "Fine job, well done!" MOTION BY COMMISSION MEMBER POE. "I MOVE TO ACCEPT YOUR REPORT AND THAT IT BE PRESENTED TO THE COMMISSION FOR APPROVAL." SECONDED. DISCUSSION. THE BOARD APPROVED BY THE MOTION BY CONSENSUS. MOTION BY COMMISSION MEMBER MATHEWS. "I MOVE THA T WE ADJOURN." SECONDED. DISCUSSION. THE BOARD AGREED TO THE MOTION BY CONSENSUS. Chairman Ferguson stated, "I would like to take this opportunity to t~ank City Staff and Don LeBlanc." The meeting was adjourned at 6:43 p.m. RESPECTFULLY SUBMITl'AJ): DEBBIE GILLESPIE DEPUTY CITY CLERK NOTE: TIlese minutes were approved at the ,2001 Districting Commission Meeting. S:\City ClerklDocs\WordIBOARDS\DlSTRICT\alll\lvIlNUTES\dc031501.doc EXHIBIT F COMMUNITY DEVELOPMENT DEPARTMENT LEGAL ADVERTISEMENT COVER SHEET DA TE: 5~~9-C)7 GENERAL INFORMATION: Submitted By: Division: Comnfimity Development Department V Planning _ Building _ Code Enforcement _ Engineering -z ~ ~ (/ Advertisement Title: #pf-/c~ Drafted By: ~~ Publish Date(s): I . 2-(0) <1'; aii'. f/;/",.q :I,~" ,Jc:( dtsrht 'd-,' ~ Number of Pages: D Publication: ~ Orlando Sentinel o Seminole Herald o Other ~one Product(Seminole County) o Full Run (5 Counties) NEWSPAPER REQUIREMENTS: o 18 Point Headline o Advertisement must be a minimum of 2 columns wide x 10" long Reviewed By: Charles C. Carrington -L- Date: ')'- l... '3 - co ) Anthony Garganese Date NOTICE OF CONSIDERATION OF REDISTRICTING CITY OF WlNTER 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 2001-33 CONCERNING ADOPTION OF GEOGRAPHICAL COMMISSION DISTRICT BOUNDARIES. THE TITLE OF THE PROPOSED ORDINANCE IS "AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING 1HE MAP AND DESCRIPTION OF THE RECOMMENDED DISTRICTS FILED WITH THE CITY BY THE DIS1RICTING COMMISSION PURSUANT TO ORDINANCE 494; PROVIDING FOR CONFLICTS AND SEVERABILITY." THIS PUBLIC HEARING ON THE PROPOSED REDISTRICTING WILL BE HELD ON JUNE 11, 2001 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL IN THE CITY COMMISSION CHAMBERS AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS MAY ATTEND AND BE HEARD. A COMPLETE MAP IDENTIFYING THE EXISTING AND PROPOSED DIS1RICT BOUNDARIES AND THE ORDINANCE PERTAINING TO THE ABOVE MAY BE OBTAINED FROM 1HE 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 1HE EMPLOYEE RELATIONS DEPARTMENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800 # 236. THIS 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