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Home My WebLink About1996 02 12 Regular Item D .. COMMISSION AGENDA ITEM D REGULAR X CONSENT INFORMATIONAL FEBRUARY 12.1996 Meeting REQUEST: General Services Director - Requesting consideration of the Second Reading of proposed Ordinance No. ~ to extend the City's municipal limits to annex certain land owned by the Viera Company. PURPOSE: The purpose of this Board item is to hold a Second Reading at a Public Hearing of a proposed ordinance to annex land owned by the Viera Company as described in proposed Ordinance No. ~ (attached) in accordance with 171.044 Florida Statutes. In accordance with 166.041 Florida Statutes a first reading and second reading at a Public Hearing are required. CONSIDERATIONS: As a result of the Settlement Agreement between the City of Winter Springs, the City of Oviedo, and the Viera Company (a Florida Corporation) and the Rouse- Orlando, Inc. (a Maryland Corporation) concerning the Oviedo Crossing Mall, the Viera Company agreed to petition the City to voluntarily annex into the City a portion of the Oviedo Crossing Project referred to as Parcel 14, together with the conservation area and a small parcel surrounding said Parcel 14. November 08, 1994 - Application for Substantial Deviation and amendment to County Comprehensive Plan and Development of Regional Impact (DR!) order. February 12, 1996 AGENDA ITEM NUMBER-.!L Page 2 March 01, 1995 April 25, 1995 June 09, 1995 July 22, 1995 August 30, 1995 - County Local Planning Agency hearing on plan amendment. - County transmittal hearing on plan amendment. Board votes to transmit to Department of Community Affairs (DCA). - Florida Department of Community Affairs issues its ORC (Objections, Recommendations, Comments) Report DCA #95-Dl) to Seminole County. - City Commission voted to accept the Settlement Agreement. - County Local Planning Agency holds hearing on ORC Report. September 12, 1995 - Board of County Commissioners holds adoption hearing on the Oviedo Crossing plan amendment. Board adopts amendments and approves DRI Development Order. October 31, 1995 - Plan Amendment found to be "In Compliance by the Department of Community Affairs. The proposed annexation is recommended in view of the following: 1. The City Commission acceptance of the Settlement Agreement which stipulates that the Viera Company will voluntarily petition for annexation into the City. 2. The City would benefit by extending its limits closer to Red Bug Lake Road which will create the increased potential for eventual annexation of parcels in the vicinity of the . proposed mall and westward along Red Bug Lake Road to bring in good tax ratables, thereby providing a better tax base. This in turn should help the City to maintain a low tax rate while providing the appropriate level of services. 3. The City would have a greater influence on the type, density and direction of growth in the area of the mall and along Red Bug Lake Road westward with annexation of Parcel 14, which would facilitate the contiguous requirement of 163.034 F.S. for annexation down to Red Bug Lake Road. February 12, 1996 AGENDA ITEM NUMBER -IL Page 3 RECOMMENDATION: Recommend the City Commission consider approving proposed Ordinance No. ~ for annexation of Parcel 14 into the City. IMPLEMENTATION SCHEDULE: This annexation becomes effective upon adoption of this ordinance. ATTACHMENTS: 1. Copy of Ordinance No. 612. 2. Boundary Map of Parcel 14. COMMISSION ACTION: '-- e e e ;. -~ ORDINANCE NO. 101 ~ AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, TO EXTEND ITS TERRITORIAL AND MUNICIP AL LIMITS TO ANNEX, PURSUANT TO FLORIDA STATUTE 171.044, THE HEREINAFTER DESCRIBED LANDS SITUATED AND BEING IN SEMINOLE COUNTY, FLORIDA, OWNED BY THE VIERA COMPANY, LOCATED ON OVIEDO CROSSINGS, NORTH OF RED BUG LAKE ROAD; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; FOR SEVERABILITY; FOR CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, The Viera Company has petitioned the City Commission of the City of Winter Springs, Florida, to annex the property described as follows, as the owners thereof: A lRACT OF LAND LYING IN SECTION 17, TOWNSHIP 21 SOUTH, RANGE 31 EAST DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 12, OVIEDO CROSSINGS - PHASE IB ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 47, PAGES 80, 81, 82 AND 83 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, AS THE POINT OF BEGINNING; TIIENCE RUN THE FOLLOWING COURSES ALONG THE NORTH LINE OF SAID LOT 12; NORTH 72046'44" WEST, 63.09 FEET; SOUTH 63005'12" WEST, 61.20 FEET; SOUTH 53050'30" EAST, 4.28 FEET; SOUTH 16008'58" EAST, 25.85 FEET; SOUTH 36003'21" EAST, 19.28 FEET; SOUTH 16006'18" WEST, 18.15 FEET; SOUTH lr 13'24" EAST, 23.03 FEET; SOUTH 62056'25" WEST, 24.86 FEET; SOUTH 65039'42" WEST, 22.91 FEET; SOUTH 40051'22" WEST, 19.28 FEET; SOUTH 14041'54" WEST, 39.45 FEET; SOUTH Or28'll" WEST, 53.00 FEET; SOUTH 03054'47" EAST, 17.73 FEET; SOUTH 04032'01" WEST, 32.26 FEET; SOUTH 10023'42" EAST, 27.27 FEET; SOUTH 21025'56" EAST, 25.94 FEET; SOUTH 57013'53" EAST, 26.73 FEET; SOUTH 22030'24" EAST, 30.02 FEET; SOUTH lr32'14" WEST, 34.51 FEET; SOUTH 12034'08" WEST, 35.71 FEET; SOUTH 20039'55" EAST, 50.30 FEET; SOUTH.14047'38" WEST, 33.01 FEET; SOUTH 38046'47" WEST, 36.55 FEET; SOUTH 69023'30" WEST, 30.77 FEET; SOUTH 830 13'35" WEST, 31.96 FEET; NORTH 83026'48" WEST, 29.09 FEET; SOUTH 86046'10" WEST 122.80 FEET; NORTH 87033'11" WEST, 45.67 FEET; SOUTH 69027'35" WEST, 21.26 FEET; NORTH 8r32'46" WEST, 146.71 FEET; THENCE, DEPARTING SAID NORTH LINE OF LOT 12, RUN NORTH 57024'04" EAST, 29.61 FEET; THENCE RUN NORTH 00047'25" EAST, 484.46 FEET TO A CURVE CONCAVE NORTHERLY; THENCE RUN , .. e e e .; .,; WESTERLY AND THEN NORTHERLY ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 750.00 FEET, A CENTRAL ANGLE OF 138048'54", AN ARC LENGTII OF 1817.09 FEET, A CHORD LENGTH OF 1404.16 FEET, AND A CHORD BEARING OF NORTH 19016'44" WEST; THENCE RUN NORTH 49050'0 I" EAST, 419.30 FEET TO THE SOUTHERLY LINE OF TUSCA WILLA UNIT 7, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGES 46 AND 47 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN ALONG THE SOUTHERLY LINE OF SAID TUSKAWILLA UNIT 7, SOUTH 70000'29" EAST, 664.21 FEET TO THE SOUTHEAST CORNER OF SAID PLAT; THENCE RUN SOUTH 01007'52" EAST, 319.02 FEET; THENCE RUN SOUTH 89037'40" EAST, 520.75 FEET; THENCE RUN SOUTII 14032'19" EAST, 169.91 FEET; THENCE RUN SOUTH 71020'10" EAST, 164.74 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY OF THE PROPOSED OVIEDO CROSSING TERRACE; THENCE RUN ALONG SAID PROPOSED WEST RIGHT-OF-WAY LINE THE FOLLOWING COURSES; SOUTH 55015'44" WEST, 200.22 FEET TO A CURVE CONCAVE SOUTIffiASTERL Y; THENCE RUN SOUTIIWESTERL Y ALONG SAID CURVE HAVING A RADIUS LENGTII OF 950.00 FEET, A CENTRAL ANGLE OF 19006'05", AN ARC LENGTII OF 316.71 FEET, A CHORD LENGTH OF 315.25 FEET, AND A CHORD BEARING OF SOUTII 45042'41" WEST; THENCE RUN SOUTH 36009'39" WEST, 275.09 FEET TO A CURVE CONCAVE SOUTIIEASTERL Y; THENCE RUN SOUTIIWESTERL Y ALONG SAID CURVE HAVING A RADIUS LENGTH OF 800.00 FEET, A CENTRAL ANGLE OF 17048'35", AN ARC LENGTII OF 248.67 FEET, A CHORD LENGTH OF 247.67 FEET, AND A CHORD BEARING OF SOUTH 2r 15'22" WEST OF THE AFORESAID NORTHEAST CORNER OF LOT 12 AND THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND LIES IN SEMINOLE COUNTY, FLORIDA AND CONTAINS 49.549 ACRES, MORE OR LESS. WHEREAS, the Charter of the City ofWmter Springs provides for the annexation of property into the corporate limits when enacted by an ordinance of the City, and pursuant to a petition of the landowners: and WHEREAS, Florida Statute 171.044 of the General Laws of Florida provides that a Municipal corporation may annex property into its corporate limits, upon the voluntary petition of the owner, by passing and adopting a nonemergency ordinance to annex said property; and 2 :... e e e WHEREAS, the City Commission of the City of Winter Springs, Florida, is desirous of annexing and redefining the boundaries of the municipality to include the subject property pursuant to the authority contained in the City Charter of the City of Winter Springs, Florida, and Florida Statute 171.044, General Laws of Florida. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS: SECTION I: That the City ofWmter Springs, Florida, does herewith and does hereby annex and redefine the boundary lines of the municipality of the City ofWmter Springs, Florida, by including those certain contiguous lands lying in Seminole County Florida, and more particularly described above. SECTION II: That the City ofWmter Springs land use classification and zoning category of this property will be assigned in accordance with Florida Statute 163.3184. SECTION III: That upon passage and adoption of this ordinance the' City Clerk is hereby directed to file a certified copy of this ordinance with the Clerk of the Circuit Court in and for Seminole County, Florida, and to file a certified copy with the Department of State of the State of Florida. SECTION IV: That if any section or portion ofa section or subsection of this ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or portion of a section or subsection or part of this ordinance. SECTION V: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. 3 e e e " 'w.:: f.,. SECTION VI: That this ordinance shall take effect immediately upon it final passage andadoption. Passed and adopted this day of ,1996. CITY OF WINTER SPRINGS, FLORIDA ATTEST: CITY CLERK First Reading January 22, 1996 Po~ed January 23, 1996 SecondReadingandPublicHearing February 12, 1996 This instrument was prepared by: Linda Klechka, Paralegal Kruppenbacher & Associates, P.A. 340 North Orange Avenue Orlando, Florida 32801 4 JOHN BUSH, MAYOR .. Oviedo Crossings Annexation Approximate Plot of Ord. #612 Metes and Bounds Description CITY OF WINTER " 400 ~ Scole in Feet o 400 BOO '~~-~, I -- _'''''''''''''i~ SPRINGS PROPOSED ANNEXATION Ord. #612 Oviedo Crossings UTILITY DEPARTl&ENT 110 N. FLUlINGO AVi- WINTER SPRINGS. FL 32708 {04-07)327-26S9, DRAWN BY CHECKED BY KDL KDL DRAWING NO. 1/17/96 , "=400' DATE .SCAlE 1 -.; iii Parcel 14 Legend --.--- Property BouodAry D Well.nd Co=rvalion An.A Approved D<:vclopmeol SoIUCC:: Obllia, bd.IIOO J:.crc!lcr JulJli.a Lopu ~ lDl;" Map H I Master Development Plan Tht Vlrn ColDpalll AppuWlI Glatwr J.t.Uoo (,n;her AocJio Lopu 1UD,hart, loCo Prol,sllDll&l lllgl.or<rUtr U>D.Iu1uoU, loCo Pn>jo<1 MIu~fl"",f'llUU" Pi=u Pn>j<a fDPoca LoWDdrs Drosdid Doster wlor & Rttd, PA (,rin 1.. E....ill CollSlll1ior w,1O(ist Lcpl Co_I u.~uJ Sci..I.' Rt'rl.M'd IJ.t<:cmbtt ~ Oc:lobu l.J'9.4 Nortb OVIEDO CROSSING IIlO Ul)O + I ~. I I , f I I" ~ - I - ~ r= ! r-- .... r !! - r . . 8 ..