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HomeMy WebLinkAbout2002 11 25 Public Hearings A Second Reading - Ordinance 2002-26 Annexation COMMISSION AGENDA ITEM A Consent Informational Pu blic Hearing X Regular November 25, 2002 Meeting ~ /~ Mgr. / Attor. / Dept. Authorization REQUEST: The Community Development Department requests the City Commission conduct a public hearing for and adopt on the second reading, Ordinance 2002-26, to annex into the City property owned by Mr. Chanh Nguyen. PURPOSE: The purpose of this request is to annex an approximately 4.42 acre parcel owned by Mr. Chanh Nguyen, pursuant to the reduction of code enforcement penalties. APPLICABLE LAW AND PUBLIC POLICY: The provisions of Section 171.044(1), F.S., which states, "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 said municipality that said property be annexed to the municipality. " CONSIDERATIONS: . Mr. Nguyen is the owner of 2 contiguous properties, of approximately 4.42 acres each, which comprise a total of approximately 8.84 acres along the south side of Orange Avenue (Exhibit E). . The one 4.42 acre tract is located in the corporate limits of the City of Winter Springs, while the other 4.42 acre tract is located in unincorporated Seminole County. November 25, 2002 PUBLIC HEARING ITEM A Page 2 . Both tracts are occupied by a former borrow pit site, which is currently a pond - the rest of the site is thickly vegetated. . City zoning and future land use classifications were never adopted for the one 4.42 acre tract following its annexation in October 1999. . In November 1999, the Code Enforcement Division learned of the illegal storage of trash and debris on the property and initiated code enforcement action. . Fineslliens ($250 per day) were imposed by the Code Enforcement Board in April 2000 and reached a total of$186,000 before the property became compliant in April 2002. · On July 22,2002, the City Commission considered a request by Mr. Nguyen for forgiveness of code enforcement penalties/liens totaling $186,000 on the subject property and subsequently reduced the amount to $10,000 contingent upon the voluntary annexation of said property within 90 days thereafter. · This request represents the applicant's desire to comply with the City Commission's July 22 decision. . On November 11, 2002, Mr. James Mead contacted staff to delay the item from City Commission for 2 weeks. At the City Commission meeting, it was reported that the request was based on a medical emergency. The City Commission deferred the item until a time certain of November 25,2002, in order to preserve the advertising. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends the City Commission conduct a public hearing for and adopt Ordinance No. 2002-26 on second reading. ATTACHMENTS: A. Ordinance 2002-26 B. Survey of Nguyen Properties C. Location Map of subject property D. Annexation Application COMMISSION ACTION: ATTACHMENT A ORDINANCE NO. 2002-26 AN ORDINANCE OF THE CITY COMMlSSION OF THE CITY OF WrNTER SPRJNGS, FLORIDA, ANNEXING REAL PROPERTY GENERALLY LOCATED AT THE EAST 'h OF LOT IS. BLOCK il, D. R. MITCHELL'S SURVEY OF THE LEVV GRANT, ACCORDING TO THE PLAT mEREOf AS RECORDED rr\' PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND LEGALLY AND MORE fULLY DESCRJBED IN EXHffirr "A" HERETO; PROVIDI:NG FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II. BOUNDARIES TO INCORPORATE THE REAL PROPERTY INTO THt; CITY BOUNDAlUES; PROVIDING FOR THE FILING OF THE REVISED W[NTER SPRINGS CHARTER WITH APPROPRJA TF: AGENCtES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRlOR I.NCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this is a voluntary annexation' which shall be pursuant to the annexation procedures contained in Section 171044, Florida Statutes; and WHEREAS, the City Commission has determined that the subject real proper:-y is reasonably compact and contiguous ""1th the bO'-lndaries of the City of Winter Springs and \v111 not create an enclave and otherwise satisfies Ihc requirements for armexation; and WHEREAS, this armexation is in compliance and consistent with the goals, policies and objectives of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and " WHEREAS. upon etlective date oflhis Ordinance, the municipal boundary lines of the City of Winter Springs, contained in Winler Springs Charter, Article 11, shall be redefmed to include the subject real property; and City UfWUllc:- Splillb~ OI<]IIC'"/tCC N,," 2002-16 f'.lC'~ I of .1 W llEREAS, the City Commission of the City of Wirller Springs, Florida hereby finds that C this Ordinance is in the best interests of tile public health, safety, and welfare of the citizens of Winter Springs. Florida. NOW, THEREFORE, THE CITY OF WINTER SP.R1NGS HEREBY ORDAfNS, 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 into the City of Winter Springs 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 166.03] (3), Florida Stafutes, and Seclion 171.09 L. Florida Statl/tes, the City of Winter Springs Charter, Anicle U, 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 I of this Ordinance. The City Clerk shall tile the revised Winter Springs Charter, Article iI, Section 201, with the Department of State within thirty (30) days upon said approval. The City Clerk shall also file this Ordinance ~ith the Clerk of the Circuit Court of Seminole County. the Chief Administrator of Seminole County, and the Department of State within seven (7) days oflhe effective " date 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 connicL City of Winter Spnn('.S O"lill.loCC No. 2001-2G Pil~C 2 ()f J Section 4. Severability. Should any section ur pruvision of this Ordinance,. or any ( portion hereof, any paragraph. sentence. or word be declared by a Court of competent jurisdiction to be invalid, sueh decision shaH not affect the validity of the remainder hereto as a whole or part thereof tu bt: dt:c1ared invalid. Section 5. Effective Dalc. This Ordin;lncc 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 _..__.__' 2002 Paul P. Partyka, ~ayor ^TTEST. Andrea Lorenzo-Luaces. City Clerk ( Approved .-5 to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney " First Reading: Second Reading: Effective Date: r: 'Dvc,'.Cily of ~Vil~J ~l'finr-"'.Codc F.nrorccmcnr'Ansu:.,"lionOnjuClll~:"Jg\lYCII."-pd City of Wi!lle! Spnnss O..dinancc Ho 2002.25 l'i,r,C ) or ) LEGAL DESCRlPTlON Leg East (1/2) of Lot 15. Block B, D. R. Mitchell's survey of the Levy Grant, according to the plat thereof, Parcel 26-20-30-5AR-OBOO- 015 A, as recorded in Plat Book 1. Page 5, of the Public Records of Seminole County, Florida. " EXllmrr "A" ATTACHMENTB ~ CllY OF WINTER SPRINGS Permitting & LiclOt'\ting LEGAL DESCRIPTION: LOT 15. BLOCK B, OF THE D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK '. PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. ORANGE A VENUE (DIRT ROAD) 50' RIGHT OF WI<Y WEST 1/2 LOT 15 BLOCK B 4.42 ACRES:!: 510',j, 378.4' 13Ui' ~ z 0; -' .., '" 'i EAST 1/2 LOT 15 BLOCK B 4.42 ACRES:!: tIl 0; -' .., '" 'i ~ '" ;.'~(: ' LOTi6 ElLOCK G ..., '" '" .. ~ .. " J7B.4' lJU5' N 73'02'4" W 510',j, SEABOARD COASTLINE RAILROAD 40' RIGHT OF WAY NOTES: LANDS SHO.... HEREON WERE NOT I<BSTRI<CTED BY THE SUR'<1::YOR FOR RIGHT-OF-WAY AND/OR EASE>JENTS OF RECORD OR O\\?lERSHIP. NOT VI<UO UNLESS THIS MIIP / REPORT BEAAS THE SIGNATURE AND DRIGlN/4.L RI<ISED SEI<L OF THE SUR'<1::YOR AND t.lIIPPER OF RECORD. NO FJELD WORK WAS PERFORMED FOR THE LANDS SHO\\?l HEREON. BEARINGS ARE BASED ON THE NOR THERL Y RIGHT OF WI< Y OF THE SEABOAA COASTUNE RAlLROl<D AS BEING; N 73'02' .WW. RUSSELL A. BRACH I HEREBY CERlIFY THIS Sl<ETQl IIEETS THE 1I1N1I1Ul1 TEGHNlCAI. STANDARDS Of' FLORIDA ADIIINISTRAlI~ CODE RULE 61017-6. RU~~fff~ flORIDA REGlSTRA liON 5299 S,.EC',..'C "U~"OSE SU~VEY 120'0 WA~O.AWA DRIY[ ORLAMD~ FLORIDA 32'~7 Cot. 0 7) 2'" 0 - 2 . 3 7 , A )C (4 0 7) 2:... 0 - 7 3 0 0 SCALE: JOB No. OCT-21-2002 11:34 p.el EA I !It ofLol15 Block "8" of the n.R. Mitchell"s Survey of the Levy Grant on Lake Jessup, ac wing to the Plat thereof as recorded in Plat Book I, Page 5, of the public records of S . ole County, Florida. Be . at the Northeast ComerofLol15 Btock lOB" o{the D.R. Mitchell's Swvey of the Levy Or t on Lake Jessup, according to the Plat thereof as recorded in Plat BODle 1 t Page S, of the pu ic records of Seminole CoW1l'y. Florida. Thence run S 180 12'3rW for 155':1: to a point on the Ortberly right of way line of the Seaboard Coastline Railroad. Thence nut along said No Iy right of way line N 73 002'4IltW for 131.6'~ to a point. Thence run N 00000'00" W for 18 7':3:. to a point on the Southerly right of way line of Ot-ange Avenue. Thence run along said So erly right of way for 318.4'2: to the Point of Beginning. Co aining 4.42:1:.. TOTAL P.Ol I . d BS20-0BE-LOt. apl?aw sawl?r d9"c::;>n ;>n r;> -:),:)0 Map Output A TT ACHMENT C ( Page I of I Rof'C'rtl' ~rrai,u c1;,....k~r I 101 I~. "inl Sf. :'0"1<01'<1 1-1. ;12711 407..(,(~:,-7~(~ Legend Selected Features Facilitie s ~ Golf Course 0160 ParKs ~. o Parcels . Waler A TT ACHMENT 0 CITY OF WINTER SPRINGS. FLORIDA . 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development Depl. Planning Division APPLICATION FOR ANNEXATION APPLICANT:~d UYf-N Last . First c;H AN t+ Middle o / /1/u//1~V &~c/75 r' j?w.J, I 7od~. If ~r;/_ <; /-1-- / <f? c/,- ~ /. o 3Z77/ ADDRESS:M00 S'T'2'f-J) '~~K fL 3,11 C1rJ.. State Zip Code ~p City PHONE:~Ol 0\'7-. 1407' This is a request for annexation into the City of Winter Springs of the property described below: Address of Property proposed for annexation in the City: ;fJJ ()~ 1) ADDRESS:-$e__ ~~T 6VllM..0lF- Of', t nt ~ 11f)p- -cAJL. D f!. IA ITcittJl C~ c9r tJu- L-~ VY Crt:.A-NT k< f-k. cuzdec;{ p~Ci} f)(J7)k t. ~y<: S- City State Zip Code fr<- iA { 1-10 f&Jvtd Tax Parcel Number: J.fo -1-0 - w- ~ Pre - 0 P.>Oo -0 \ s: A-_. Size of Parcel: If. \ sq. ~cre0 illS, 'd1A\. n'~ . ~il County Future Land Use Classification County Zoning Category ILJ Intent of request for annexation into the City of Winter Springs: ee.~4 r~lA~~ ~~d R[C LA-M ~(,iJv1 . 1.' . .1 TO BE SUPPLIED AT THE TIME.OF SUBMISSION OF APPLICATION: * A copy of the most recent survey of the subject property. * A copy of the legal description. * Notorized authorization of the owner (if applicant is other than oWner or attorney for owner) [See below]. 11 X 17 map showing zoning and land use classifications on adjacent property./ * * Annexation Application Fee, which includes: * . Property with legal description up to 50 words in length: $ 350 * Each additional increment of 50 words or portion thereof: $ 25 * NOTE: Property being annexed at invitation of the City is exempt from above fees. ***************************************************************** FOR USE WI-IEN APPLICANT IS THE OWNER OF SUBJECT PROPERTY " This is to certifY that I am the owner in fee simple of subject lands described above in the Application for Annexation. . _Personally Known v1>roduced [dentification/lypc of I D. SIc:1!1~~~ o~- ""11111111/1/11,, C\_ X J n .' '!>o,''\ ~ Xand, "I. Sworn to and subscribed before me Q:x.. "'^ A 1 ~~~ ~~.......:~s ~~ I. l'Uhd f ~ \ 0 ARY PUBLIC ~ "~v.\SSION;::L. ~ tlIS~ ayo J ~ ~ N T ~ "':CP~c\\lO.<tbi,;.. % -l-9' ~ My Commission expires: ~ * : ~ ~ '" i:ft'~ ~ -. ...... :*= ~ z:, ~ #ODOll8948 : CO': f ~ /' -. .. r;;}.::; ~~'. ~~ttl'l~ ..~$' ~ r..o"71;,iJl.1rO$<>~."~~' ~/. (/8 ........ ax ~ , '//111 Vc sn;~t \\"" r=L () n v e, ....s {; C t.'/~;!1IU11\\" ~~~*k~kkkk~kkkk*~k~kk^*^kk^*^^^k**^**^**k^***~*^*^kk**^***^*.**^** . . FOR USE WHEN APPLICANT IS NOT THE OWNER OF SUBJECT PROPERTY SIGNA TORE OF OWNER Sworn to and subscribed before me this_day of 19 NOTARY PUBLIC My Commission expires: _Personally Known _Produced Identification/type ofLD. Did take an oath Did not take an oath ORDINANCE NO. 2002-26 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL PROPERTY GENERALLY LOCATED AT THE EAST ~ OF LOT 15, BLOCK B, D. R. MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND LEGALLY AND MORE FULLY DESCRIBED IN EXHmIT "A" HE:RETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE IT, BOUNDARIES TO INCORPORA TE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this is a voluntary annexation which shall be pursuant to the annexation procedures contained in Section 171.044, 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 otherwise satisfies the requirements for annexation; and WHEREAS, this annexation is in compliance and consistent with the goals, policies and objectives of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and WHEREAS, upon effective date ofthis Ordinance, 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 City of Winter Springs Ordinance No. 2002-26 Page 1 of 3 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 ofthe citizens of Winter Springs, Florida. NOW, THEREFORE, 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 into the City of Winter Springs 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 amended to redefine the corporate boundaries of the City of Winter Springs to include the area of real property described in Section I 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 also file this Ordinance with the Clerk of the Circuit Court of Seminole County, the Chief Administrator of Seminole County, and the Department of State within seven (7) days ofthe effective date. 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. City of Winter Springs Ordinance No. 2002-26 Page 2 of 3 h', 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 I meeting assembled on the 25th day of November L--==- zo-Luaces, City Clerk a to legal form and sufficiency for inter Springs only: Anthony A. Garganese, City Attorney First Reading: August 26~ 2002 Second Reading: November 25, 2002 Effective Date: November 25, 2002 F:\Docs\City of Winter Springs\Code Enforcement\AnnexationOrdinanceN guyen. wpd City of Winter Springs Ordinance No. 2002-26 Page 3 of 3 0000 0110 w. LEGAL DESCRIPTION: Ro~rr}'~rl'Gi.~r c.Un~K~' 1101 g. Find St. SHn(oI'Cll;l. :'1771 40 7..MiS-7 506 . Legend Selected Fealures Facilities Golf Course ParKs . Parcels Water o . East Y2 of Lot 15 Block "B" of the D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, according to the Plat thereof as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida. Begin at the Northeast Corner of Lot 15 Block "B" of the D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, according to the Plat thereof as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida. Thence run S 18012'37" W for 755'j: to a point on the Northerly right of way line ofthe Seaboard Coastline Railroad. Thence run along said Northerly right of way line N 73002'41" W for 131.6'j: to a point. Thence run N 00000'00" W for 789. 7'-;!:. to a point on the Southerly right of way line of Orange Avenue. Thence run along said Southerly right of way for 378.4'-;!:. to the Point of Beginning. Containing 4.42-;!:.. EXHmIT "A"