HomeMy WebLinkAbout1999 10 25 Public Hearings Item D
COMMISSION AGENDA
ITEM
D
Consent
Informational
Pu bUe Hearing X
Regular
October 25, 1999
Meeting
~
Mgr. / ~.
Authorization
REQUEST:
The Community Development Department - Planning Division requests the City
Commission approve the second reading and adoption of Ordinance 744, to annex a 4.5
acre parcel.
PURPOSE:
The purpose of this Board Item is to request the Commission approve the second reading
and adoption of Ordinance 744 to annex a 4.5 acre parcel located on the south side of
Orange Avenue at eastern edge of Central Winds Park.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 171. 044( 1) Florida Statutes 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 a said municipality that said
property be annexed to the municipality."
The provisions of 171.044 F.S. which states "Upon determination by the governing body
of the municipality that the petition bears the signatures of all owners of property in the
area proposed to be annexed, the governing body may, at any regular meeting, adopt a
non-emergency ordinance to annex said property and redefine the boundary lines of the
municipality to include said property."
CDD?October 19,199918:23 AM
OCTOBER 25,1999
PUBLIC HEARING AGENDA ITEM D
Page 2
The City has expressed an interest in annexation in the past, (ref 8-14-95 City
Commission meeting).
CONSIDERATIONS:
. The owner of the subject property has requested annexation into the City.
. The applicant is the sole owner of the 4.5 acre property.
. The City has expressed an interest in annexation in the past (ref 8-14-95 City
Commission meeting).
. The City has the capacity to service the property with sewer and water, as well as
provide the other urban services it currently provides to other areas of the City.
The property owner was informed he would be required to pay for extending the
sewer and water lines to his property.
. The adjacent parcels on the east side and north side of the subject property are
indicated as "Suburban Estates" (1 DU per acre maximum) on the county's Future
Land Use Map. The parcel on the south side is indicated as "Public Buildings"
(location of the high school) on the City's Future Land Use Map, and Central
Winds Park adjacent to the west of the subject property is indicated as
"Recreational" on the Future Land Use Map.
. The adjacent parcels on the east side and north side are indicated A-I
"Agriculture" on the county's Zoning Map. On the south side and west side of
the subject property, the high school property and the Central Winds Park
property are indicated as C-l "Neighborhood Commercial".
. The Commission held a first reading of Ordinance 744 on October II, 1999.
FINDINGS:
. The owner of the subject property has requested annexation into the City. This
parcel is part ofa County enclave along Lake Jessup.
. The applicant is the sole owner of the 4.5 acre property.
CDD/JO/J9199/8:23 AM
OCTOBER 25,1999
PUBLIC HEARING AGENDA ITEM D
Page 3
. The City has expressed an interest in annexation in the past (ref. 8-14-95 City
Commission meeting.
. The City has the capacity to service the property with sewer and water, as well as
provide the other urban services it currently provides to other areas of the City.
STAFF RECOMMENDATION TO THE CITY COMMISSION:
Staff recommends the City Commission approve the second reading and adoption of
Ordinance # 744 based on:
1. The fmdings indicated above~
2. Previous expressions of interest by the City for annexation~
IMPLEMENTATION SCHEDULE:
The City Commission would hold a public hearing for second reading of Ordinance 744
on October 25, 1999 and adopt Ordinance 744 to annex the 4.5 acre parcel. The
ordinance for annexation immediately takes effect upon adoption.
ATTACHMENTS:
A. Ordinance 744
B. Area map of annexation parcel
C. Annexation application
D. Letter of Invitation to Annex.
COMMISSION ACTION:
CDD/I0/19199/8:23 AM
ORDINANCE 744
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ANNEXING A 4.5
ACRE PARCEL OF LAND LOCATED ON THE SOUTH SIDE
OF ORANGE A VENUE, ADJACENT TO AND EAST OF
CENTRAL WINDS PARK, AND ADJACENT TO AND NORTH
OF WINTER SPRlNGS HIGH SCHOOL; PURSUANT TO
171.044(1)(2) AND 166.041 FLORIDA STATUTES;
PROVIDING FOR SEVERABILITY; CONFLICTS AND AN
EFFECTIVE DATE.
WHEREAS, Mr. Nguyen Q. Chanh, the owner of the following described
property, has petitioned the City of Winter Springs to be annexed into the City,
WHEREAS, annexation of this parcel is consistent with Chapter 171 Florida
Statutes.
WHEREAS, the City can better provide sewer and water service and other
urban services to the subject parcel than the county.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of Winter Springs annexes the following described
real property :
THE WEST ONE-HALF (1/2) OF LOT 15 OF mE
D. R. MITCHELL SURVEY OF THE LEVY GRANT.
SECTION II - If any section or portion 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 III - That all Ordinances or parts of Ordinances in conflict herewith
are hereby repealed.
SECTION IV - Tllls Ordinance shall take effect immediately upon adoption, in
accordance witl1166.041(4) Florida Statutes and Section 4.15(c) oftl1e City Charter.
PASSED AND ADOPTED this25th day of October
, 1999.
CITYiOF WlNTER SPRINGS
{;vv
PAUL P. PARTYKA,
ATTEST:
1 ST READING October 11, 1999
POSTED October 12, 1999
2ND
READING AND PUBLIC HEARING October 25, 1999
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (407) 327-1800
APPLICATION FOR ANNEXATION
APPLICANT: N G u Y [ i\/
Last
CHANH
First
C~
Middle
ADDRESS:~ 001
WrY' \C.P-
city
STEfJ)
0C~ ~K
lLRR
:pLo~"OI4
state
3 )2. 1 cl :L
Zip Code
PHONE: -401
G .S'7- (401
This is a request for annexation into the \:ity of winter Springs
of the property described below:
Address of Property proposed for annexation in the city:
r ("
i .: 1
ADDRESS:
.., .
f 'I " '. . I.. ':.":" .l...> .' ~ ;', ~":
city State Ii Zip Code
Tax Parcel Number: J fo - ~ r] - 30 - S- A p... ~ 0 800 - 0 I ~-o
Size of Parcel:
, ;
I / .
sq. ft,.} acres. ';
County Future Land Use Classification /, " ~., i
County Zoning category .~ A - ) \~--1l'i'l'/ 1.1 c;,--;;~
Intent of request for annexation into the City of winter Springs:
I
I
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 lS
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
portion thereof:
increment of 50 words or
$ 25
* NOTE: Property being annexed at invitation
of the City is exempt from above fees.
...............*********************.....************************
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.
~..
OWNER flaD-1 N.)..t)O [i{'55')J q
su~Cribeq before me
of UA4--1
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,
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NO'l Y PUBLI C
Hy Commj.s.s 1.19iQ,e ~/JVPtires:
" 6"
~ li1J ~ My Commission CC729753
-:0..., /111\'.1' Expires March 31, 2002
Personally Known ,_ , . ',. ~ .
=Oroduced Identification/type of I.0.J'(0Dt..{(\jdSUII~.:lJ3).cr .
~.**..*.********************************************************
FOR USE WHEN APPLICANT IS NOT THE OWNER OF SUBJECT PROPERTY
E OF
Sworn to and
this~ day
199]q .
SIGNATURE OF OWNER
Sworn to and subscribed before me
this day of
19
NOTARY PUBLIC
My Commission expires:
Personally Known
----Produced Identification/type of 1.0.
----Did take an oath
Did not take an oath
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32700-2799
Telephone (407) 327-1000
Community Development DepL
Planning Division
March 30, 1999
Mr. Nguyen Q, Chanh
4409 Steed Terrace
Winter Park, FL 3270l
Dear Mr. Chanh:
Recently, in reviewingj property records at the Seminole County Property Appraiser's
Office, I noticed that you own property that is adjacent on the west side and south side to
the corporate limits of the City of Winter Springs. On behalf of the City, I would like to
extend an invitation for you to consider annexation into Winter Springs.
The City can offer the following services:
. City water and sewer service;
. Better police response time than other law enforcement agencies in the
area;
. And the City's fire department has first response to the properties in that
area;
. The City of Winter Springs has the lowest millage rate of any city in the
county. Annexing into the city, a property owner will only pay seventy-
nine cents (.79) more per $ 1,000 of property value.
The City will waive annexation application fees, comprehensive plan amendment fees,
and rezoning fees if you accept this invitation by the City to include your property within
the City of Winter Springs. The City administration will expedite the processing of your
request for annexation, comprehensive plan amendment and rezoning upon receiving a
favorable request from you.
Please call me at 327-1800 # 303 if you have any questions or comments.
Sincerely,
Thomas Grimms, AI
Comprehensive P.I;1
Cc: Annexation File
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