HomeMy WebLinkAbout2022 10 24 Public Hearing 400 - First Reading of Ordinance No. 2022-06: 310 Wagner Point Voluntary Annexation • PUBLIC HEARINGS AGENDA ITEM 400
,n m=ared CITY COMMISSION AGENDA I OCTOBER 24, 2022 REGULAR MEETING
1959
TITLE
First Reading of Ordinance No. 2022-06: 310 Wagner Point Voluntary
Annexation of real property owned by the City of Winter Springs
SUMMARY
Last year, the City acquired the subject property consisting of 1 .04 acres
located at 310 Wagner Point for park purposes. The property lies adjacent to
the existing boundary of the City's dog park located within the jurisdictional
limits of the City. The subject property is located in part of an existing enclave
of unincorporated area, which is covered in the 1987 Interlocal Agreement
between the City and Seminole County. Under the Agreement, the County
has agreed to encourage annexation of the subject property. The City is
petitioning for annexation of the subject property and this is a voluntary
annexation. The County is being notified in writing by Staff of the annexation
per Florida Statutes, and the annexation is being advertised for two
consecutive weeks in the newspaper prior to final adoption. The Staff
Annexation Report is attached evidencing that the proposed annexation
satisfies the annexation requirements.
RECOMMENDATION
Staff recommends that the City Commission approve First Reading of
Ordinance 2022-06.
137
ORDINANCE NO.2022-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS,FLORIDA,ANNEXING ONE(1)PARCEL
OF LAND OWNED BY THE CITY OF WINTER SPRINGS AND
COMPRISING APPROXIMATELY 1.04 GROSS ACRES, MORE
OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY,
FLORIDA, AND GENERALLY LOCATED AT 310 WAGNER
POINT, WINTER SPRINGS; SAID PARCEL BEING MORE
PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT
"A" ATTACHED 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 RESOLUTIONS, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS,this is a voluntary annexation initiated by the City of Winter Springs for real property
which was acquired by the City on July 23, 2021 for the expansion of Central Winds Park and 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
(the annexation will reduce the size of existing 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 the 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:
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.
City of Winter Springs
Ordinance No.2022-06
Page 1 of 2
138
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 and shall provide a copy to the Office of Economic and
Demographic Research along with a statement specifying the population census effect and the affected land
area. 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 12022.
Kevin McCann,Mayor
ATTEST:
Christian Gowan, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading: 12022
Second Legal Ad: 12022
Second Reading: 12022
Effective Date: 12022
City of Winter Springs
Ordinance No.2022-06
Page 2 of 2
139
017
��oo g s CC day
N�V 0 Z O a W C7 1��
ci
�• O O a� z J 1�y Am*_.T>tlbll "
< no
AS N F 30 1 W w 2� �
} gpL vv3�w� �Qo It u.45
Q N O c
Q N��mo WE con t z3z� t cNo
Z o ;'ems ��o $F ga t ou"1 I 1 CC 4eS
Q �m�ax _:� vio p In; t1 aQ� �'v2
OM 3u �p � °«�om oYUh'U ly' g t N —
W O ' my � wQP ��f0. 1 I i w . ,*'
C 7az w 0 0 rKi t r
e" mg �jate Qra 7n _ a$
W ��0� om<z UQU WO 1A t I �1a
O w fn O
_ 111 4i
r{ I
1* t
0
Amo: I t 11
t �I
Polt4T------ t
f � N07��WgGNFR I
FS
SOLO 3 gf3 I t s
t
Wrpa
g l
EWLINE OF rnE wt5
,/2 OF LOT 4. BLOCK 0 UNIT 4 y
r ! Yl p�TrEOF BOOKST ANS 11 I I
b�e 9 ; 3
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
1959
Annexation Report — 310 Wagner Point
This is a voluntary annexation being requested by the City of Winter Springs, as owner of the
real property located at 310 Wagner Point. This voluntary annexation is being processed pursuant
to Section 171.044, Florida Statutes.
This report establishes that the proposed annexation of 310 Wagner Point located north of State
Road 434 and west of Central Winds Park meets the requirements for annexation as outlined in
Chapter 171 of the Florida Statutes. The subject property consists of approximately 1.04 acres of
land with no existing structures. There are no structures, nor any registered electors living on the
subject property. Annexation of this property furthers the State of Florida policy to eliminate
enclaves. Annexation of this property also furthers the 1987 Interlocal Agreement between the
City of Winter Springs and Seminole County which identified this enclave as an"area of concern",
to be encouraged to annex into the City. Hence, Seminole County has agreed to encourage and
support annexation of the subject property into the corporate boundaries of the City of Winter
Springs. Annexation of this property is also consistent with the City's Comprehensive Plan,FLU
Objective 1.8:Annexation. The City shall pursue a policy of annexation which will provide for the
most efficient use ofpublic facilities and services, eliminate areas ofjurisdictional problems, and
provide for sound growth and development of the City and surrounding area. Subsequent policies
falling under Objective 1.8 are`'ulso relevant, in addition to the City's Code of Ordinances, section
2.03 regarding annexation procedures.
Introduction
The subject property considered in this study is located in an unincorporated Seminole County
enclave, in the area north of State Road 434. (See Exhibit 1 — Location Map.) The property's
boundaries are surrounded by the City of Winter Springs with an exception of the north boundary
which is Seminole County. The subject property is in Seminole County Commission District 92,
which is currently represented by Commissioner Jay Zembower. If annexed into the City of Winter
Springs the area will be included in City Commission District 95, which is now represented by
City Commissioner TiAnna Hale.
The development pattern within and surrounding the subject property is conflicted with several
different zoning designations. On the right boundary is Central Winds Park zoned TC-CP (Town
Center— Civil Public), on the south border the adjacent property is DOT right of way which has
no zoning designation. South of the right of way is a large C-2 parcel. On the west border, the
adjacent property is also zoned C-2.
141
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
1959
The subject property is zoned with Seminole County's designation of A-1 and with its allowable
uses,will seamlessly transition into the city's Town Center—Civil Public zoning designation. The
anticipated use as a park and recreational area is compatible with the northern Seminole County
A-1 zoned property per Sec. 30.122 (k) and will also be harmonious with the surrounding Winter
Springs property zoning designations. The subject property is expected to
develop as an extension of Central Winds Park which will remain consistent with the overall
intended use for the surrounding area.
The subject property is contiguous to existing city boundaries and is not a part of another
incorporated municipality, but rather is part of an unincorporated County enclave. The subject
property is urban in character and is currently being used for urban purposes with its entire external
boundary adjacent to areas developed for similar residential and recreational purposes. Therefore,
the subject property meets the criteria set forth in subsection 171.043 of the Florida Statutes,
entitled, "Character of the Area to be Annexed'= .
Current and Proposed Future La!W:Use and Z06M2
Following annexation, the City of W'Vf-.w 'springs will initiate a comprehensive plan amendment
....... .......
to assign the appropriate City future lai ;;us ' ignation for the annexed property. The proposed
future land use designations and zoning" ssifcitiow.presented in this Annexation Study Report
are preliminary and may be modified onc&kknore d6iddedland use analysis occurs when initiating
the necessary comprehensive plan amenMi nts.:: � ` ever a Town Center — Civil Public
........ .............
designation is likely and already supported by r fly's Comprehensive Plan.
Pursuant to Section 171.062 Florida Statutes, 'Seminole County future land use and zoning
regulation ' 1�€_remain in effect until the City of Winter Springs adopts a comprehensive plan
amenddii. -mid zoning_for the annexed area. Please refer to Exhibit 2—Existing Future Land Use
Map, Exi;blt 3 —Proposed Future Land Use Map, Exhibit 4—Existing Zoning Map, and Exhibit
;Zoning Map
5 —Propos :
Provision of Pubi�ir,Facilities' W Services
The table below gKkk1he currefitHservice providers and the potential providers that would serve
the community if the''€i e ati ii€ dMinance is adopted. Exhibit 6 illustrates the location of City of
Winter Springs water, S i ......ility lines, reclaimed water lines, and stormwater utility lines in
..............
the area.
142
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
1959
Current and Potential Service Providers
Current Potential
Service Providers Service Providers
Service (Seminole County) (City of Winter Sprints)
Potable Water Private Well City of Winter Springs
Wastewater None Ci f Winter Springs
€€if
Reclaimed Water None : 1 ? Winter Springs
Electric Service None duke Energy
Solid Waste None .Services of Florida, Inc.
Stormwater None City afWinter Springs
::
Police City of Winter Springs City ofWtnter Springs
Fire Seminole County Seminole 4C.6itnty
What follows is a brief description of how the.. Y.-::::'::of Wintcx Springs will provide each of the
needed urban services to the property upon annexation::
Potable Water:
The subject property is not currently seed by e.City of Winter Springs for potable water,
although an 8" service It € tends on thadjacentperty to the east and a 24" service line
d
extends on the adjacent; �Operfy. A the west f�.anne���ln�� ie City of Winter Springs,the subject
property will be able tp connect tQ City potable tv:: r service.
Wastewater:
The subject„p e „ s Curren l y riot seised_by any private or public systems for wastewater
services annexed tQ the Cs of Winter �: ngs,the subject property will be able to connect
to City Sewer service,vii 6”PVCHir..anning easf`t west along Hicks Ave.
Reclaimed Water:
There are no r6diMmed water lige s,in place to service the subject property with reclaimed water at
this time. The City cif,Winter Spgs has intention to add a reclaim line in Central Winds Park
which would be able to ervice "subject property.
Electric Service:
The City of Winter Springs, as well as the subject property is serviced by Duke Energy for electric
service. If annexed, the subject property will remain with Duke Energy without any interruption
of service. Annexation will not impact the current electric rates.
143
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs,Florida 32708
1959
Solid Waste:
The City of Winter Springs currently has a franchise agreement and is serviced by Waste Services
of Florida,Inc., a private solid waste contractor. Upon annexation, Waste Services of Florida, Inc.
will provide service to the subject property.
Stormwater Management:
The subject property will be subject to the City of Winter Spn*gg$:Ntormwater utility program upon
annexation. Currently, stormwater drainage areas are located:B&The MNK, Inc properties. On site
stormwater treatment and abatement will be required :cai 4istent with City and SJRWMD
regulations.
Police Protection:
The subject property is part of"an area of cone :�Adentified within al-0&7,InterLocal Agreement
between Seminole County and the City of Wirier Springs. The Agreerii�h ;;s ates that Seminole
County is not able to provide life safety services'ft : ese "a € of concern":: d that the City of
Winter Springs is responsible for pol} e,protection.
Fire Protection:
Seminole County is responsible for fire�Pi'btec!MiT-Within Sefffi %le County and the City of Winter
Springs.
...........
Summary:
The subject property is d'antiguous::ai d upon aif:eKation, will provide a logical extension of City
boundaries.
The annexation oI M:::subject perty ni&e ::: e f& uirements of Chapter 171 of the Florida
Statut6k"'Tie subject propp.hy coni fixes to be usi�d'for urban purposes and therefore, the subject
property meets the urban piioses requirements set forth in Section 171.043, Florida Statutes.
The City of Winter Springs haKN4nd can provide, the necessary public facilities and services to
subject property.
144