HomeMy WebLinkAbout2002 11 11 Public Hearings A Second Reading - Ordinance 2002-26 Annexation
COMMISSION AGENDA
ITEM A
Consent
Informational
Public Hearing X
Regular
November 11,2002
Meeting
t~ ;ff
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 11, 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.
. Fines/liens ($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.
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 COMMISSION OF THE
CTTY OF WrNTER SPRJNGS, FLORlDA, ANNEXING REAL
PROPERTY GENEHALLY LOCATED AT THE EAST '.0 Of
LOT IS. BLOCK 13, D. R. MITCHELL'S SURVEY OF THE
LE.VY' GRANT. ACCORDLNG TO THE PLAT mEREOF AS
RECORDED f1\ rLA T BOOK 1, PAGE 5, PUllLlC RECORDS
OF SEMINOLE COUNTY, FLORIDA, AND LEGALLY AND
MORE FULLY DESCRIBED TN EXHmrr "Au HERETO;
PROVIDING FOR THE AMENDMENT OF WINTER
SPRTNGS CHARTER, ARTICLE IT, BOUNDARlES TO
INCORPORA TE THE REAL PROPERTY INTO THl: CITY
BOUNDAIUES; PROVIDING FOR THE FILING OF THE
REVISED WlNTER SPR1NGS CUARTER WITH
APPROPRJA Tl<~ AGRNCJES UPON SAID APPROVAL;
PROViDiNG FOR REPEAL OF PRlOR LNCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABfLITI'; AND PROVIDING FOR AN EFFECTIVE
DATE.
WH E REA-S, this is a voluntary annexation' which shall be pursuant to the annexation
procedures contained in Section] 7]044, Florida Statutes; and
WlIEREAS, the City Commission has determined that the subject real proper:y is reasonably
compact and contiguous v,<ith 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 Pla.~, Charter, and City Code; and
WHEREAS, upon eltcctive. date ofthis Ordinance, the municipal boundary lines of the City
of Winter Springs, contained ill Winter S[Kings Charter, Article ll, shall be redefined to include the
subject real property; and
CI!\" 01 Willie; 3pl ill!;'
01dll~IiI"'C Nv I002-lG
i".le'~ I or .1
W UEREAS, the City Commission of the City of Wifll<:;r Springs, Florida hereby finds that
L 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 OF WINTER SPRlNGS HEREBY ORDATNS, AS
FOLLOWS:
Scction L
Anncxation of Real Property. The area of real property, which is morc
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 Statutes, and Section 171.091, Florida Statutes, the City of Winter
Springs Charter, Article U, Section 2.01, shall hereby be amended to redefine the corporate
boundaries of the City of Winter Springs to include the arell of real property described in Section I
of this Ordinance. The City Clerk shall tile rhe revised Winter Springs Charter, Article 11, Section
20 I, with the Department of State within thirty (30) days upon said approval. The City Clerk shall
<1150 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 of the etTective
"
date
Section 3.
Repeal of1>rior Tn consistent 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.
C,lY oi Winter $prlllf.s
O"lin.wee No. 2002-2G
P;'I~c 2 vi J
Section 4.
Severability. Should allY 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 shall not affect the validity of the remainder hereto as a whole or part
thereof tv be declared invalid
Section 5.
Effective Dare. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Spring." 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 "s to legal form and ~ufficiency for
the City of Winter Springs onl)':
Anthony A. Garganesc, City Attorney
~.
First Reading:
Second Reading:
Effective Date:
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City of Wi!lk-r Spfll1S~
O,.dinnllcc Ho 2007..25
I'ftr,c J 01 J
LEGAL DESCRlPTlON
Leg East (1/2) of Lot 15, Block 8, D. R. Milchcll's survey of the Levy
Grant, according to the pial thereof, Parcel 26-20-30-5AR-OBOO-
o 15A. as recorded ill Pial Book 1, Page 5, of the Public Records of
Seminole County, Floridu.
......_ ........J
....-J-_-.....
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o .
FXIlIBlT "An
ATTACHMENT B
CITY OFWINTER SPRINGS
PermItting & LicrmJling
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 1, PAGE 5. OF THE PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA.
ORANGE AVENUE (DIRT ROAD)
50' RIGHT OF WAY
WEST 1/2
LOT 15
BLOCK B
4.42 ACRES:!:
510':t
378.4'
131.&'
:z
~
N
Li
'{
EAST 1/2
LOT 15
BLOCK B
4.42 ACRES:!:
Ul
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N
Li
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.ne,.'
1JI.I5'
N 73"02'4'. W 510':t
SEABOARD COASTLINE RAILROAD
..0' RIGHT or WAY
NOTES:
LANDS SHO\\N HEREON \\(RE NOT ABSTRACTED BY THE SUR\o(YOR FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD OR O\\l;ERSHIP.
NOT VAUD UNLESS THIS MAP / REPORT BEARS THE SIGNAWRE AND ORIGINAL RAISED SEAL OF THE SUR\o(YOR AND MAPPER Of RECORD.
NO FJELD WORK WAS PERFORMED FOR THE LANDS SHO\\N HEREON.
BEARINGS ARE BASED ON THE NORTHERLY RIGHT OF WAY OF THE SEABOAR COASTUNE RAILROAO AS BEING: N 7J'02'+'.W.
RUSSELL A. BRACH
I HEREBY CERlIFY THIS SKETCH llEETS
THE lllNlllUll TECHNICAl. STANDARDS OF
flORIDA ADllINISTRAlI\1:: COOE RULE 61C17-6.
2-1 Ii ~M//
RU~ ~ BRACH '
flORIDA REGlSTRA liON 5299
S"/cC,,.'C ,.U",.OS/C SURVEY
12&80 VAJO.AUA DRIYE
ORLAND~ 'LORIO A 32837
(40 7) 2 40- 2 , .) 7 FAX (4 0 7) 2 40 - 7 .s 0 0
SCALE:
JOB No.
OCT-21-2e02 11:]4
P.B1
EA T!ll of10115 Block "B" ofth.e D.R. Mitcheil"s Survey of the Levy Grant on Lalc:e Jessup,
ace rding 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 Comer of Lot 15 Block "B" of the n.R. Mitchell's Swvey of the Levy
Or t on Lake lessup, according to the Plat thereof as recorded in Plat Book 1, Page 5, of the
pu ic records ofScmino1eCounty, Florida. Thence run S 18012'3rW for 15 5 '::l: to a point on
the ortherly right of way line of the Seaboard Coastline Railroad. Thence run along said
No Iy right of way line N 73002'41"W for 131.6'~ to a point. Thence run N 00000'00" W for
78 7'-3:. to a point on the Southerly right of way line of Orange Avenue. Thence run along said
So erly right of way for 378.4'::i: to the Point of Beginning.
Co aining 4.42:t:.
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A TT ACHMENT D
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327.1800
Community Development Depl.
Planning Division
APPLICA nON FOR ANNEXATION
APPLICANT:~Cl UYt-N
Last First
~H AN H-
Middle
ex
/ //!u//1~Y &T"c/75 r' ?tJ~
I 7odw./r;TJF-/
5~f d'1c/,,c /.
() 32.77/
ADDRESS:4400 S'Tz'fJ) ''f,~K
fL 31l utrt.
State Zip Code
lliLP
City
PHONE:~.Ol ro .( 7 - 1 4 b 7
This is a request for annexation into the City of Winter Springs
of the property desclibed below:
Address of Property proposed for annexation in the City:
h ()(, fJ
Lo t {11 () f- -tAc, D (( IA IT citdt
~ C<l1dec;/ p~CLf f$tJ7Jk t. pot~ ~
~i.A(l-1o
f~d
ADDRESS:~r___ l:-tt<;T ovu..h.t^lF- Gf-'
(l:ftVeL{ f) r tAl- L- [.. Vy lrt::.A+JT 10
City Statc Zip Codc
Tax Parcel Numbcr: J-fo -;LO - W- ~ Itf!. - 0 f)OO -0 \ s: A-_,
Size of Parcel: Lf. \
Sq.~
{2LSI 'cU-"- Ti~ -
~ lA~Jllr\\
{ AUG 0 '7 2002 U
.&..a?
County Future Land Use Classification
Counly Zoning Calegory ---1J7
Intent of request for annexation into the City of Winter Springs:
~ fl-W~~e/h./L~~lAc-h~ i/i~d R~c LA-M /}-'f,iJv\
, ./
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.
*
Notolized 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.
_ Pcrsonally Known
~roduccd Identification/typc of ID.
[~1ML~-
SIGN TURE OF OWNER \\\\\\\111""'1111
C\ _ v J n' ",,- ~ Xand. III.
Sworn to and subscribed bcforc mc If"Xp^ ^ ~~ a/VI.~~ ~~.......:~s /%
this ::J'fhday of J ~ ~'-(_ . ~OT ~ Y PUBLIC f :.-:~~~~~~~~;:-%;... \
+9" ~ My Commission cxplres: ~ * : ~ " i:1' ~ ~ ==
-. ..... :*=
~ tJ~. #DDOO8lf48 : ~f
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, ~///II'8UC, STf.:'it 0","
r=L OL\ J ec '...s I...LL~N!JIUH\\"
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FOR USE WI-LEN APPUCANr IS NOT THE OWNER OF SUBJECT PROPERTY
SIGNATURE OF OWNER
Sworn to and subscribed before me
this_day of
19
NOTARY PUBLIC
My Commission expires:
_Personally Known
_Produced Identification/type ofID.
Did take an oath Did not take an oath