HomeMy WebLinkAbout2003 05 27 Public Hearings B First Reading - Ordinance 2003-18 Annexation on Orange Avenue
COMMISSION AGENDA
ITEM B
Consent
Information
Public Hearin2 X
Re2ular
May 27. 2003
Meeting
MGR. /Z- /Dept. //;/'
,
REQUEST: The Community Development Department - Planning Division requests
the City Commission conduct a public hearing for the first reading of Ordinance 2003-
18, that would annex four (4) contiguous parcels equaling 3.13 acres, owned by Pullen,
Heitlage, Conti & Duffy at 1204, 1206, 1208 & 1210 Orange Avenue
PURPOSE: The purpose of this request is to consider the annexation request of the
property owners of four (4) parcels totaling 3.13 acres on Orange Avenue which are .
contiguous to the City.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Statute Chapter 171. Municipal Annexation or Contraction.
Florida Statute Chapter 171.044 (1 ). 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.
Winter Spriu2s Charter Section 2~03. Annexation procedure.
Winter Sprines Code Section 16-77. Outdoor display/billboards--Offpremises signs
prohibited. (e)
Winter Sprines Comprehensive Plan. Policy 1.8.2:
In order to reduce land use conflicts and for efficient public service provision, the City shall
investigate and, where feasible, annex all enclaves as soon as possible.
CONSIDERATIONS:
. The application petition bears the signatures of all of the property owners.
· The area is contiguous with the City's existing boundaries and is currently located in
within an enclave of county lands. Annexation of these parcels would reduce the size
ofthis enclave and would not create any further enclaves.
. Annexation of these parcels enables the City to work toward its endeavor of providing
efficient use of public facilities and services by reducing an existing county enclave.
May 27,2003
Public Hearing Item B
Furthermore, the request is consistent with all applicable goals, objectives and
policies of the City's adopted Comprehensive Plan.
. The parcels are currently developed in low density residential housing.
. The City has capacity to provide these parcels with the same urban services provided
to other areas of the City.
. Water and sewer service is currently available along Orange Avenue. Parcel owners
are interested in accessing City water.
. No off-premise sign structures exist on the property under consideration.
. The subject property is currently designated "Low Density Residential" on the County
Future Land Use Map. Adjacent properties to the east and west remain in the County.
Adjacent properties to the south are within the City and are designated Town Center
District.
. The subject property is currently designated R-l Residential on the County Zoning
Map. Adjacent properties to the east and west remain in the County. Adjacent
properties to the south are within the City and are designated Town Center District.
. Adjacent property owners have been notified by Certified Mail.
. The property has been posted.
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a public hearing for first reading of
Ordinance 2003-18, that would annex four (4) contiguous parcels equaling 3.13 acres, owned
by Pullen, Heidage, Conti & Duffy at 1204, 1206, 1208 & 12~0 Orange Avenue
IMPLEMENTATION SCHEDULE:
April 28, 2003 Completed Application Received
May 27, 2003- 151 Reading of Ordinance 2003-18
June 5 & 12,2003- Public Noticing in Orlando Sentinel for 2nd Reading and Adoption
(Two times in two consecutive weeks)
June 23, 2003- 2nd Reading and Adoption of Ordinance 2003-18 (The annexation
would be effective immediately upon Adoption).
June 30, 2003- Copies to be filed with the Seminole County Clerk of Circuit
Court, the Seminole County Manager's Office, and the Department
of State within seven (7) days of adoption.
ATTACHMENTS:
A. Application for Annexation with property owner signatures
B. Ordinance 2003-18 with location map and metes and bounds description for all four
parcels
COMMISSION ACTION:
May 27,2003
Public Hearing Item B
A TT ACHMENT "A"
CITY OF WINTER SPRINGS, FLORIDA
. 1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
;ommunity Development Dept.
Planning Division
APPLICA nON FOR ANNEXA nON
APPLICANT: James F. Pullen
ADDRESS: 1208 Orange Avenue
Winter Springs, Florida 32708
PHONE: (407) 327-0223
This is a request for annexation into the City of Winter Springs of the Property below:
Address of Property proposed for annexation in the City:
PARCEL A - MICHAEL S. DUFFY PROPERTY
ADDRESS: 1210 Orange Avenue
Winter Springs, Florida 32708
Tax Parcel Number: 31-20-31-502-0000-0040
Size of Parcel: 21,922 square feet more or less
County Future Land Use Classification: Low Density Residential
County Zoning Category: R - 1
PARCEL B - TERRY R HEITLAGE PROPERTY
ADDRESS: 1204 Orange Avenue
Winter Springs, Florida 32708
Tax Parcel Number: 31-20-31-502-0000-0020
Size of Parcel: .53,892 square feet more or less
County Future Land Use Classification: Low Density Residential
County Zoning Category: R-l
PARCEL C - JAMES F. PULLEN PROPERTY
ADDRESS: 1208 Orange Avenue
Winter Springs, Florida 32708
Tax Parcel Number: 31-20-31-502-0000-0030
Size of Parcel: 36,746 square feet more or less
County Future Land Use Classification: Low Density Residential
County Zoning Category: R-l
Intent of request for annexation into the City of Winter Springs: It is the owner's
. intention to become eligible to obtain City Water service to our residential homes.
..
FOR USE WHEN 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.
SIGNATURE OF 0
swo:;:; sub
this Oay of
~. .
~na11Y Known
_Produced Identification of I.D.
OFFICIAL N<YfARY SEAL
WIUJAM W LEWIS
NOO'ARYPUBUC stATE OF FLORIDA
COMMISSION NO. CC905615
MY COMMISSION EXP. FEB. 11 2004
FOR USE WHEN APPLICANT IS NOT THE OWNER' OF SUBJECT PROPERTY
~
SIGNA OF OWNER
Sworn to and subscribed before me
this ~ayof ~tJV.
~ 'U>/) 'Z.--
OT AR Y PUBLIC
'ssion expires: 1-:L~
, ~ Jack L Uhlng
r\.l ~ My Commlssloil 00059427
'~I Expires September 23,2005
_Personally Known
~Produced Identification/type ofI.D. ;:--/.1JL.. 11'512 ? /;;~ / / tiP 0
_Did take an oath ~Did not take an oath ..,
FOR USE WHEN 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.
12/0 0 R. +\N(" E.. AV€-/IAIINT~ ~'"=>''l..''N<C5 I f=L-
'W?..JJ D~(wkl1fl~~ A .
SIGNATUREOFO N '~
SWOJejO and subscrij)ed before me S S> fd./...s. /l1f111
this . day of ? EJ=> T.. NO Y PUBLIC
yI cR~ My Commission expires:~ JitN tt:J#- .
)( ~;~~~~:l~~~~i~ation ofI.D. POp y: P. U/?j;) WITH GENERAL POWERS
OF . NOTARY PUBLIC
ARTf.(lE 136, UCMJ
10 U. S. C.
SECTION 10A-d il
I, Michael Duffy, due hereby with my notarized signature allow Jim Pullen of Orange
Ave, Winter Springs, FI to represent me in annexation of my property within the city of
Winter Springs. The property is 1210 Orange Ave and is presently under the Seminole
County taxation.
~;LJJ~flIt
Michael S Duffy ()- .
Signature of Owner
Sworn to and subscribed before me
this l.f-#'\ day of 6c){-c~Qr .
2002.
.k~
Notary Pu lic SPC", lI, S. .
My commission expires: r:f'je{~ V'\ 'te-
--2L-Produced Identification ofI.D
-->i- Did take an oath Did not take an oath
WITH GE:!ERAL POWERS
OF NOTARY PUBU(
ARTICLE 13'6, UCMJ
10 U. S. C.
~ECT10N 1044 a
,...
CITY OF WINTER SPRINGS
COMM UN ITY D EVELOPM ENT DEPARTM Et'JT ~~
11 26 S TAT E R 0 A D 434 ~. .. ~ (\~
WINTER SPRINGS, FL 32708. ~~ ~)- () ~~
407-327-5967 ~ /d ~~
FAX: 4 0 7 - 3 2 7 - 6 6 9 5 jl'~1>.... ~
'?>~";()
,,~~
Q~
APPLICATION FOR ANNEXATION
AND SUBSEQUENT
COMPREHENSIVE PLAN AMENDMENT & REZONING PETITION
APPLICANT:
Conti
Louise
First
Middle
Last
MAILING ADDRESS: 1206 Orange Avenue
Winter Springs. Florida 32708
City
PHONE: (407) 327-1762
State
Zip Code
If Applicant does NOT own the property:
PROPERTY OWNER: Louise Conti. Carl Conti & Janice Johnson et al
Last First
Middle
MAILING ADDRESS: same
City
State
Zip Code
PHONE:
This request is for the property described below:
PROPERTY ADDRESS: 1206 Oran~e Avenue
TAX PARCEL NUMBER: 31-20-31-502-0000-003A
SIZE OF PARCEL:
Square Feet
Acres
Please state the reasons or justification for your Annexation, Comprehensive J:>lan Amendment (Future
Land Use Change), and Rezoning request: Access to City Water
Current COUNTY FUTURE LAND USE Classification:
Low Density Residential
Request for Change to CITY of Winter Springs FUTURE LAND USE Classification: Town Center District
If you are requesting an Amendment to the Goals, Objectives, & Policies of the City's comprehensive Plan,
set forth the propos.ed Amendment in detail and provide supporting documentation.
Current COUNTY ZONING Classification:
R-1 Residential
Request for a Change to CITY of Winter Springs ZONING Classification: Town Center District
Form Revised April 16,2003
,..
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
o A copy of the most recent SURVEY of the subject property with METES and BOUNDS description.
)Kl A copy of the LEGAL DESCRIPTION.
o Notarized Authorization of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
~ 11 x 17 MAP showing ADJACENT STREETS and
ZONING AND LAND USE classifications on the ADJACENT PROPERTY.
)sl APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development.
ANNEXATION $ 500 $ Exempt
(Property applying for Annexation by invitation of the City are exempt from this Fee)
PRE-ANNEXATION AGREEMENT (Optional)
COMPREHENSIVE PLAN AMENDMENT per Applicant**
Small Scale (Generally 10 acres or fewer)
Large Scale (Generally More than 10acres; Text Amendments)
(Property applying for Annexation by invitation of the City are exempt from this Fee)
$ 300
$ N/A
$ Exempt
$ 500
$ 1000
REZONING per Applicant
$ 500 $ Exempt
Plus $ 25/acre $ Exempt
(or portion Ihereof)
(Property applying for Annexation by invitation of the City are exempt from this Fee)
.. Pursuant to Chapter 163, Florida Statutes.
TOTAL DUE
$ Exempt
**************************************************************************************
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY:
This is to certify that I am the Owner in fee simple of subject lands described within this Applicatio~~Wi"HI/IIIIII',
Anne~ation an9 Subsequent Comprehensive Plan Amendment and Rezoning Petition: ~"'0t>-.~.~~.~~~L~lllf..""
/~ ~ $~~-;;I;h\SS'O~~~:O{1'\
--- - - .0 ~..25,_~o.~' ..,.
Signature of Owner LJ.~~~ l""- ..~ <5' 'S>\ ~
. ..... .*=
Sworn to and subscribed before me this . 105709 1 ~i
'" ~ ~ "~.4? #..~;::
....1 day of 20.A...3-. Notary Public ~~;.."~.,,~llde~~~..~S'
M C ... ~ rA. blleu""'-.' f<'<.:~.
y omnusslon expIres: . .~, ~/8i.'!~.~~~ \j.~~"
(, _ ~ ':J - ~"D ~ '1111111 Ie, ;;,11\ 1\"'"
_lIl1llit\l
t/
Personally Known
Produced Identification: p,. Dm/cv( L, ~N S-t'
(Type) (530 -531-),3 --9'11j-o
Did take an Oath
W c(-r/ eSs t c,J-vA--r-to 1"'f"t....--
~
C,",otr 16H"<t
J-UcA -<--=
~
LUC Ie
Fonn Revised April 16, 2003
May 27,2003
Public Hearing Item B
ATTACHMENT "B"
Ordinance 2003-18
A COPY OF THIS ORDINANCE WILL BE PLACED IN
YOUR BOX ONCE IT IS RECEIVED FROM THE CITY
ATTORNEY.
May 27, 2003
Public Hearing Item B
ATTACHMENT "B"
.
ORDINANCE NO. 2003-18
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL
PROPERTY CONSTITUTING FOUR (4) PARCELS
TOTALING 3.09 ACRES MORE OR LESS AND LOCATED
ON ORANGE A VENUE IN WINTER SPRINGS, FLORIDA,
AND MORE PARTICULARLY DEPICTED AND LEGALLY.
DESCRIBED ON COMPOSITE EXHIBIT "A" HERETO;
PROVIDING FOR THE AMENDMENT OF WINTER
SPRINGS CHARTER, ARTICLE II, BOUNDARIES TO
INCORPORATE 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 RESO~UTIONS; 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 and objectives
of the City of Winter Springs Comprehensive Plan, Charter, and. City Code; and
WHEREAS, upon effective date of this 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
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:
.
City of Winter. Springs
Ordinance No. 2003-18
Page 1 of 3
.
.
.
Section 1. Annexation of Real Property. The area of real property, which is more
particularly described in the metes and bounds legal descriptions and maps attached hereto as
Composite Exhibit" A," is hereby annexed into the City of Winter Springs by the City Commission.
Composite 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 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
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 of the 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.
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, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2003.
J onn F.-nrrsh:;-Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
Ordinance No. 2003-18
Page 2 of 3
.
.
.
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:
F:\Docs\City of Winter SpringsIFonns\OrdinanceslAnnexation2003-18.wpd .
City of Winter Springs
Ordinance No. 2003-18
Page 3 of 3
:CDN,.,
LA~ JE-6UP
NO~TH
LEGAL DESCRIPTION
PARCEL A-DUFFY PROPERTY
METES AND BOUNDS
Begin~ing at the Southeast corner of Lot.~ of Estes Tuskawilla, as recorded in Plat
Book 8, Page 29 of the Public Records of Seminole County, Florida, run along the
Northerly right-of-way line of Orange Avenue, N 60023' 27" W, 19.67 feet to the
Point of Beginning; thence continue along said right-of-way line N 60023' 27" W,
60.00 feet; thence leqving said right-of-way line run N 220 12' 23" E, 363.00 feet;
thence run S 64027' 11" E, 59.88 feet; thence run S 220 .15' 01" W, 367.24 feet to
the Point of Beginning.
LEGAL DESCRIPTION
PARCEL B - HEITLAGE PROPERTY
METES AND BOUNDS
Beginning at the Southeast corner of Lot 2 of Estes Tuskawilla, as recorded in Plat
Book 8, Page 29 of the PUblic Records of Seminole County, Florida, alSo being
the Point of Beginning, run along the Northerly right-of-way line of Orange
Avenue, N 60023' 27" W, 60.00 feet; thence leaving said right-of-way line run
N 220 07' 02" E, 703.29 feet; thence run S 64027' 11" E,60.15 feet; thence run
S 22009' 43" W, 347.51 feet; thence run S 60025' 30" E, 60.28 feet; thence run
S 60023' 27" E, 7.34 feet; thence run S 220 12' 23" W, 40.00 feet; thence run
S 60023' 27" E, 33.00.feet; thence run S 220 12' 23" W, 83.00 feet; thence run
N 60023' 27" W, 40.34 feet; thence run N 60024' 48"W, 60.18 feet; thence run
S 22009' 43" W, 237.00 feet to the Point of Beginning. .
,
LEGAL DESCRIPTION
PARCEL C - PULLEN PROPERTY
METES AND BOUNDS
Beginning at the Northwest corner of Lot 3 of Estes Tuskawilla, as recorded in Plat
Book 8, Page 29 of the Public Records of Seminole County, Florida, also being the
Point of Beginning, run S 640 27' 11" E, 100.22 feet; thence run S 220 12' 23" W,
394.60 feet; thence run N 60023' 27" W, 33.00 feet; thence run N 220 12' 23" E,
40.00 feet; thence run N 60023' 27" W, 7.34 feet; thence run N 60025' 30" W, 60.28
feet; thence run N 22009' 43" ~, 347.51 feet to the Point of Beginning.
. :,
METES AND BOUNDS
LEGAL DESCIPTlON
PARCEL D - CONTI PROPERlY
Beginning at the Southwest comer of Lot 1, ESTES TUSKAWILLA, according to
the plat thereof as recorded in Plat Book 8, Page 29, Public Records of
Seminole County, Florida; thence run along the Northerly Right of Way of
Orange Avenue, S 600 23' 27" E, 120.00 feet to the Point of Beginning; thence
run N 22009' 43" E, 237.00 feet; thence run S 600 24' 48" E, 60.18 feet;
thence run S 60023' 27" E, 40.34 feet; thence run S 220 12' 23" W, 237.03
feet, thence run N 600 23' 27" W, 100.33 feet to the Point of Beginning.
Subject to an easement for ingressand egress over the Easterly 20 feet of the
Westerly 40 feet of said Lot 4.