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Home My WebLink About2000 08 28 Public Hearings A Second Reading - Ordinance 2000-27 Annexation by Referendum C~OMMISSION AGENDA IT~EM A CONSENT INFORMA TIONAL PUBLIC HEARING X REGULAR August 28, 2000 Meeting MGR~ Authorization REQUEST: City Manager requests that the City Commission hold a public hearing for the second reading and consideratilon of Ordinance 2000-27 which will initiate the Annexation by Referendum of the Dysl[)n Drive area. PURPOSE: The purpose of this second public hearing is to formalize the Annexation by Referendum process by adopting Ordinance 2000-27 as established with Florida Statutes 171.042 F.S. and allow all effected property owners, residents and citizens to be heard. The first public hearing and reading of Ordinance 2000-27 was held on August 14, 2000. APPLICABLE LAW AND PUBLIC POLICY: Florida Statutes 171.042(1) indicates that prior to commencing the annexation procedures under 171.0413, the governing body of the municipality shall prepare a report setting forth the plans to provide urban services to any area to be annexed. CONSIDRA TIONS: At the January 24,2000 meeting of the City Commission the Commission voted to proceed with the annexation of the Dyson Drive area by referendum. It was the expressed intent of the City Commission that the city not extend the boundary of the Tuscawilla Beautification District without the Dyson Drive: area being annexed. The City Manager and the city staff have met with number residents to discuss the issues related to the proposed referendum. Most recently Ron McLemore, City Manager, made a presentation II OOOra. doc to the residents of Dyson Drive at the July 20,2000 general membership meeting of the Tuscawilla Homeowner Association. A continuation of these meetings will be scheduled between now and the November 7, 2000 referendum. BACKGROUND: The City of Winter Springs initiated the Tuscawilla Lighting and Beautification Project to provide lighting and beautification improvements within the Tuscawilla Planned Unit Development (PUD), with the exception of 110 parcels. These 110 parcels, which were subdivided as Winter Springs Unit 1, are located in the Dyson Drive neighborhood and are the only portions of the Tuscawilla PUD that are not part of the City (See Exhibit 1- Dyson Drive Area Improvement, Attachment A - The Dyson Drive Area). When the boundary of the area to be annexed was drawn it was determined that an additional vacant parcel should be added to the annexation. The parcel added contains approximately 4.3 acres and is surrounded on the east, north, and west by the Winter Springs Unit 1 "Dyson Drive area" and on the south by the unimproved right of way of Citrus Road. With the addition of this parcel to the referendum the total parcel count is III including 110 subdivided lots occupied by 107 single-family homes. Please note that three homes in the Dyson Drive area are located on double lots. The Lighting and Beautification Project includes a plan to construct new entry features and intersection enhancements which include decorative walls, signage, lighting and intersection paving details. Additionally, each of these features, including the existing landscape medians within the Tuscawilla PUD, will be upgraded and enhanced to improve the overall appearance, safety, and security of the corridor. The elements of the project which are adjacent to the Dyson Drive Area include three City of Winter Springs entry features to be located on Dyson Drive at the bridge, on Howell Creek Drive, and on Deer Run where the City limits begin. The intent is to identify the location where visitor and residents are entering and leaving the City of Winter Springs. Should the residents of the Dyson Drive area choose to annex to the city and become part of the Tuscawilla Beautification Project, those three features would be replaced with improvements specifically designed for the Dyson Drive area. These improvements would include a decorative brick entry wall feature with signage to be located at the intersection of Tuscawilla Road and Dyson Drive. Additional landscaping enhancements would also be added to the existing medians on Dyson Drive. These landscape elements are specifically designed to be compatible with the current streetscaping conditions and the existing landscaping within the medians. (See Exhibit 1 - Dyson Drive Area Improvements, Attachment B -Improvement Details) The opportunity currently exists for the Dyson Drive area residents to partICIpate in the Tuscawilla Lighting and Beautification Project. This will insure that the Dyson Drive neighborhood will have lthe same quality of appearance as the remainder of the Tuscawilta PUD. IIOOOra.doc A majority of the residents of Dyson Drive will need to vote to annex to the City of Winter Springs and therefore participate in the special assessment district. The vote on annexation is planned for November 7" 2000 with the general election. The annual assessment per property is $110 per year for the 30-year life of the project. This includes the initial cost of construction of $2.3 million, and the on-going maintenance of the beautification improvements. FINDINGS: Florida Statutes 171.042( I) indicates that "prior to commencing the annexation procedures under The City of Winter Springs shall prepare a report setting forth the plans to provide urban services to any area to be atmexed". The report titled "Report on the Proposed Dyson Drive Annexation" was prepared and delivered to Seminole County Board of Commissioners and sets forth the finding necessary to proceed with the referendum. (See Exhibit 2 - Report on the Proposed Dyson Drive Annexa{ion~ RECOMMENDATION: Staff recommends that the Commission hold the second reading and adopt Ordinance 2000-27 authorizing a referendum vote of the registered electors of the Dyson Drive area to consider atmexation to the City of Winter Springs. IMPLEMENTATION:: Ordinance 2000-27 will become effective 10 days after the approval of the referendum by the registered voters residing within the Dyson Drive area. ATTACHMENTS: Exhibit 1- Dyson Drive Area Improvements Exhibit 2- Report on the Proposed Dyson Drive Annexation Exhibit 3- Ordinance 2000-27 COMMISSION ACTION: IIOOOra.doc EXHIBIT 1 Dyson Drive Area Improvements For the Tusca'willa Lighting and Beautification Project Program Features and Benefits of Annexation Project Description The City of Winter Springs has initiated the Tuscawilla Lighting and Beautification Project to provide lighting and beautification improvements within the Tuscawilla Planned Unit Development (PUD), with the exception of 110 parcels. These 110 parcels are located in the Dyson Drive neighborhood and are the only portions of the Tuscawilla PUD that are not part of the City (See Attachment A - The Dyson Drive Area). The Lighting and Bealutification Project includes a plan to construct new entry features and intersection enhancements which include decorative walls, signage, lighting and intersection paving details. Additionally, each of these features, including the existing landscape medians within the Tuscawilla PUD, will be upgraded and enhanced to improve the overall appearance, safety, and security of the corridor. The elements of the Project which are adjacent to the Dyson Area include three City of Winter Springs entry features to be located on Dyson Drive at the bridge, on Howell Creek Drive, and on Deer Run where the City limits begin. The intent is to identify the location where visitor and residents are entering and leaving the City of Winter Springs. Should the residents of the Dyson Drive area choose to annex to the city and become part of the Tuscawilla Beautification Project, those three features would be replaced with improvements specifically designed for the Dyson Drive area. These improvements would include a dec9rative brick entry wall feature with signage to be located at the intersection of Tuscawilla Road and Dyson Drive. Additional landscaping enhancements would also be added to the existing medians on Dyson Drive. These landscape elements are specifically desigj[led to be compatible with the current streetscaping conditions and the existing landscaping within the medians. (See Attachment B - Improvement Details) The Opportunity The opportunity currently exists for the Dyson Drive area residents to participate in the Tuscawilla Lighting and Beautification Project. This will insure that the Dyson Drive neighborhood will have the same quality of appearance as the remainder of the Tuscawilla PUD. It is important that a.ction is taken as soon as possible so that the Dyson Drive neighborhood can be included in the current construction and financing programs. A choice to proceed now will be far more cost effective due to the scale of the overall project, the timing of construction, and the blending of the construction financing and maintenance. The Anne:xation and Assessment Process- To participate in the Tuscawilla Lighting and Beautification program a majority of the residents of Dyson Drive will need to vote to annex to the City of Winter Springs and to participate in the special assessment district. The vote on these issues should occur in November with the general election. The annual assessment per property is $110 per year for the 30-year life of the project. This includes the initial cost of construction of $2.3 million, and the on-going maintenance of the beautification improvements. Annexation Benefits Local Government The City of Winter Springs operates under a Commission/Manager form of government and is recognized as: a highly effective, professionally managed organization. To its credit, the City has maintained the lowest ad valorem tax rate in comparison to all other cities in Seminole County. r The City Corrunission has established long range plans and objectives to insure that the quality of life of its' residents is maintained. Well-planned projects like the "Town Center" and the "Tuscawilla Lighting Beautification District" will enhance the livability of Winter Springs in the future. Once annexation takes place, the City of Winter Springs will also represent the Dyson Drive area's interests and local needs at the County, State and Federal governIIlent level. The city also prints a quarterly newsletter called "Insider" which reports the news and activities of the City Commission, and the boards and committees. The newsletter helps to keep its citizens informed of the activities and special events scheduled in the area. 2 The City Commission has appointed a number of Advisory Boards and Committees to support the operations of the City. These Advisory Boards and Committees are listed as follows: I. Beautification of Winter Springs Board 6. Oak Forest Wall & Beautification District Advisory Committee 2. Board of Adjustment 7. Planning and Zoning Board! Local 3. Board of Trustees - Employee Pension Planning Advisory Committee Plan 8. TuscawiUa Lighting and Beautification 4. Code Enforcement !Board District Advisory Committee 5. Council of Local Governments As a resident of the city, the Commission invites you to participate in your local government not only as a citizen but also as an appointed member of these important advisory boards and committees. Police Services The City of Winter Springs maintains one of the highest levels of police services available in Central Florida. The Police Department is trained and dedicated to providing professional and responsive services, which protect the citizens of Winter Springs. Currently the City maintains a police force with 54 sworn officers. This computes to a ratio of one sworn officer for every 555 residents that are within minutes of your home if help is needed. The County Sheriffs' office maintains one sworn officer for every 1139 county residents and covers an area of over 298 square miles as compared to 17.3 square miles for the City of Winter Springs. COMPARISON OF THE RATIO OF POLICE OFFICER TO THE NUMBER OF RESIDENTS FOR WINTER SPRINGS AND SEMINOLE COUNTY I Winter Springs Police Seminole County Sherifrs Department Per Capita Difference % SWORN POLICE OFFICERS PER 1 per 555 CAPIT A 1 per 1139 + 105 0/0 3 ( As indicated in the following table, the response rate for the Winter Springs Police Department is 106 % quicker during emergency calls. These extra 3 minutes and 43 seconds can be very important in an emergency situation and could be the difference between life and death. COMP ARISON OF THE AVERAGE POLICE RESPONSE TIME FOR SEMINOLE COUNTY AND THE CITY OF WINTER SPRINGS Vr'inter Springs Seminole County Response Rate Police Sheriffs Depart. Difference % EMERGENCY 3.59 minutes 7.32 minutes +106 % NON -- EMERGENCY 5.25 minutes 13.76 minutes +162 % With Winter Springs having 105 % more sworn police officers per capita and 106 % quicker emergency response rate, a much higher level of police protection is provided within the city limits when compared to Seminole County. This higher level of service has resulted in the City of Winter Springs having the lowest crime rate compared to all other governmental jurisdictions in Seminole County. For example, the crime rate in unincorporat1ed Seminole County is 25% higher than the City of Winter Springs (See Attachment C - Crime Data ). Parks Services The Winter Spring Parks and Recreation program is one of the finest community systems in the area. The city is very proud of the positive steps it has taken to insure that the Park and Recreation Department will continually strive to fulfill the recreation needs of its residents. As a residlmt, you will have the opportunity to take advantage of the city's . modem park facilities and programs without incurring non-resident fees and charges. The City has 8 park siites that are developed for public use with approximately 350 acres available for active recreation, passive recreation, and open space preservation. For the 1999-2000-budget year, the city has committed to an aggressive improvement program funded in the amount of $2,650,000.00. With the groundbreaking ceremonies held on October 24, 1999, at both Torcaso and Trotwood Parks, the city kicked off this aggressive improvement program. 4 COlnmunity Development Plan n iflglDevelopment The City's Comprehens,ive Plan offers residents protection from land uses that pose a potential nuisance to residential areas, or are greatly different residential densities such as between single family homes and apartments. The City has strong zoning regulations that offer protection to residiential areas from disparate land uses that may cause significant negative impacts. Of particular interest is the new Town Center District (zoning) regulations that have an emphasis on design and allow for much flexibility to encourage creativity in the development of the Town Center. The City has generally stronger land development regulations than the County or the Cities of Oviedo and Casselberry. Arborist The city is dedicated to the preservation of the city forest, and has been recognized by the National Arbor Day Foundation and the Florida Division of Forestry as a "Tree City U.S.A." for the past 11 years. As part the certification, the city holds an annual Tree Give-A way for the residents of the city, and provides upon request, free tree chips from our tree trimming activities. Our City Forester is highly qualified to provide support, recommendations, and information to our residents on tree issues. Code Enforcement In order to achieve certain community goals, such as upholding property values, insuring safe construction, and protecting the environment, the City of Winter Springs has made a commitment to mainta.ining an aggressive code enforcement program. This program is proactive in comparison to the complaint-driven program used by the county for unincorporated areas. COMP ARlSON OF THE NUMBER OF CODE ENFORCEMENT OFFICER PER CAPITA BET~;VEEN WINTER SPRINGS AND SEMINOLE COUNTY Winter Springs Code Enforcement Seminole County Code Enforcement Per Capita Difference % Code Enforcement Officers per Capita 1 per 15,000 1 per 72,000 380 % Currently Seminole County services a population of 360,000 people with a total of 5 field officers. The City of Winter Springs services a population of 30,000 with 2 field officers. This means that in Winter Springs there is 1 code enforcement officer for every 15,000 residents and in Seminole County there is I code enforcement officer for every 72,000 residents. The level of service, therefore, is 380 % greater in Winter Springs. I 5 The Code Enforcement Division is also involved in the drafting of ordinances, the development of land use policies and progranls, as well as the implementation of alternate code enforcement methods. Code enforcement maintains an active program for identifying and correcting problems while they are small, before they become major neighborhood issues. Public Works Department The Public Works Department provides quality, modem public works services, and can solve facility and infra;)trueture problems quickly and efficiently. It prides itself on having modem equipment, which is used to provide short range, and long range planned infrastructure maintenance. The Water and Sewer Department has adequate capacity to handle future planned growth, insuring the continued development and expansion of the city's tax base. Street Maintenance ...... All public streets and right of ways will be transferred to the City public works department for regularly scheduled and budgeted maintenance. Should any special maintenance services he required in the future, you would contact your local City of Winter Springs Public Works Department. The city maintains a program for adding streetlights and providing stormwater improvements in those neighborhoods when needed. Sidewalks The city provides a program for constructing sidewalks and has budgeted for sidewalk placement on Dyson Drive within city limits based on input from the Seminole County School Safety Advisory Committee, Sidewalk Sub-Committee. This committee prepared a Elementary School Sidewalk Needs Assessment in 1996 and found Dyson Drive to Tuskawilla Road in need of sidewalks per Florida Statue 234.021. The city has placed sidewalks on all streets delineated in this report within the city limits and Dyson Drive will complete our commitment. Mosquito Control The city has an active Mosquito Control Program administered by the Public Works Department. Our efforts focus on the control of mosquitoes through monitoring for larvaciding, and adult control by High Volume Low-Pressure aerial application. Our HVLP spraying is basl~d on the needs identified by our residents. Storm water Utility The Stormwater Utility is a special purpose service unit within city government that provides stormwater Inanagement. Like other utilities, the Storm water Utility charges a service fee. These fees are utilized for plarming, construction, maintenance, inspection and operation of facilities for storm water management. 6 ( Fire Department The City of Winter Springs Fire Department maintains state-of-the art firefighting equipment, which includes Advanced Life Support Service. The City currently provides Fire, Medical and Emergency responses for the Dyson Drive neighborhood. The City's "Fire Station 26", on Northern Way, is the closest fire station to Dyson Drive. After annexation the county tax of 2.7562 mills for fire services and road improvements will be deleted. Should a resident of the Dyson Drive neighborhood require emergency medical transport, the city fees for those sl~rvices would be identical to the standard fee of $304.51 which is charged by Seminole County. Future Utillity Costs The City has evaluated the use of existing septic systems in the Dyson neighborhood and has no current plans to install a new sewer system. The existing septic systems would only be replaced if tbere was a public health need or the residents of Dyson Drive requested the installation of sanitary sewers. Fees and l'axes upon Annexation For the purpose of estimating the changes in taxes and fees after annexation, the Seminole County Assessors office provided information to compute the average taxable value of the homes for the Dyson Drive neighborhood. For the purpose of this comparative analysis, an average taxable value of$101,500 was used. (See Attachment D - Annual Ad Valorem Taxes and Franchise Fees County/City Comparisons.) It is estimated that after annexation the net result in Ad Valorem tax would be an increase of .7933 mills per household. This computes to be $80.50 per year for the average home in the Dyson Drive area. The changes in franchise fees would increase the total by $85.44. Because Se~ninole County charges an annual fee for street lighting and the City of Winter Springs does not have a street lighting tax, $27.88 would be subtracted from the total. After all additions and subtractions were calculated we project that the average tax impact will be an increase of $138.06 after annexation. 7 Questions and Answers 1. What improvements will be installed for the Dyson Drive Area? The improvements for the Dyson Drive neighborhood would include a decorative brick entry wall with signage that will be located at the intersection of Tuscawilla Road. and Dyson Drive. Included in the proposal are landscaping enhancements for the existing medians on Dyson Drive. These landscape elements are specifically designed to be compatible with the existing streetscaping conditions and the existing landscaping within the medians. (See Attachment B - Improvement Details) 2. If I annex into the City of Winter Springs how will it affect my taxes and fees? It is projected that after annexation the net result in Ad Valorem tax would be an increase of .7933 mills. The principal changes result from the deletion of the county's Road and Fire tax, which is 2.7562 mills, and the addition of the City of Winter Springs municipal tax that is 3.5495 mills. This computes to be $80.50 per year for the average home in the Dyson Drive area. It is also estimated that franchise fees would increase by an additional $85.44. Because Seminole County charges an annual fee for street lighting and the City of Winter Springs does not have a street lighting tax, $27.88 would be subtracted from the total. Therefore we estimate that the average tax and fee obligation will increase by $138.06 after annexation. 3. Are there any services that I have now that will be lost with Annexation? No, because you will continue to be a Seminole County resident and you will continue to receive all of the services that you now receive. The responsibility for some services will transfer to the City of Winter Springs. The primary changes will include Police, Fire, Emergency TranspOlt, Permits, Code Enforcement and Public Works. Because these services will be administered locally the quality and responsiveness of the services will be better. 8 ( 4. Will there bc any new sc,'Viccs that I receivc as a city ,"csidcnt? Yes, you will have the benefit of your local City of Winter Springs governmental operations nearby. When a problem or issue needs to be addressed, you can work with your local officials for a. proper and responsive solution. Your City Commission, Planning Board, Zoning Board and other local citizen boards are all focused on local issues affecting your neighborhood and community . You are also invited to participate in all of their meetings. Also, as a resident of the City you will be able to take advantage of all the city's parks and park programs without a county surcharge. 5. Who will maintain my streets and utilities and what will happen to my existing septic sewer system? The City has evaluated the use of existing septic systems in the Dyson neighborhood and has no plans to install a new sewer system. Should the existing septic system require replacement in the future, the city sewer plant has capacity to accommodate the Dyson neighborhood. All public streets and right of ways will be transferred to the city for regular maintenance. Should any special maintenance services be required in the future, you would contact your local City of Winter Springs Public Works Department. 6. How do I know that my taxes won't go up in the future? There is no guarantee that taxes will not go up in the future. The City of Winter Springs governmental operations are recognized as highly effective and professionally managed. To its credit, the City has maintained the lowest Ad Valorem tax rate when compared to all of the other cities iltl Seminole County 7. How does annex~lltion occur, what do I have to do and by when? To participate in the Tuscawilla Lighting and Beautification program the residents of Dyson Drive will need to vote to annex into the City of Winter Springs and to participate in the special assessment district. The vote on these issues should occur in November with the general elect:lon. 9 J ~.. .. i ~~.::.i,1,,':J, ~ " i. DYSON DRIVE AREA ~ <l: ::c J'3 (/) :J ;- ..--... 1/09 I//f . '. :t', /f"...." , , / -.I . , -.I ' '. I.<.; , , , .s: I Ii: II;; [?I"- --/. I ~ ,," 1 ~ /0~1 i . . . . . . . ~ ~O( S ~ _ . . .. _ .. ~ . . //01 < 1003 < " . . . ::c 0 ' . VJ , . 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Tuscawilla Lighting and Beat;Ltification District A TT ACHMENT C CRIME DATA WINTER SPRINGS AS COMPARED TO OTHER COUNTY JURISDICTIONS January-December 1999* CRIME DATA WINTER SPRINGS UNINCORPORA TED OVIEDO SANFORD COUNTY POPULA nON 29,220 175,775 22,517 37,327 ALL OFFENCES 693 5212 816 4121 RA TE / 100,000 2371.66 2965.15 3623.93 ] ] 040.27 % DIFFERENCE BASE 0 % +25% + 53% + 365.5% ROBBERY 13 104 12 ]45 RA TE / 100,000 44.5 59.2 53.5 388.5 % DIFFERENCE BASE 0 % + 33% +20% + 773% RAPE 2 49 10 34 RA TE / 100,000 6.8 27.9 44.1 91.] % DIFFERENCE BASE 0 % +310% + 548% + 1239% AUTO THEFT 35 419 16 558 RA TE / 100,000 119.7 238.4 71.1 1495 % DIFFERENCE BASE 0 % +99% (-68.4%) + 1149% BURGLARY 109 1140 183 662 RA TE / 100,000 373 648.6 812.7 ] 773.5 % DIFFERENCE BASE 0% +74% + 118% + 375.5 . COUNTY AND MUNICIPAL OFFENCE DATA, January-December 1999, Annual Report Seminole County FL057 J ATTA,- .AMENT D ANNUAL AD VALOREM T AXESAND FRANCHISE FEES COUNTY/ CITY COMPARISONS* Seminole County City of Winter Springs Increase Ad Valorem tax based en average of $101,500.00 17.8951 mills .. - "^^ ~ _ "11 .7933 or $80.50 1 ~.o~~'+ millS taxable value Franchise Fees for electric based on 4 % or $43.20 6 % or $64.80 2 % or $21.60 $90 monthly bill Franchise Fees for telephone based on 4 % or $31.20 8 % or $62.40 4 % or $31.20 $65.00 monthly bill Storm Water Utility annual fees 0 $24.48 $24.48 Solid Waste annual fees $156.00 ** $164.16 $8.16 Streetlights ( $27.88 ) *** (-$27.88) Total $138.06 * Data provided by the Office of the Seminole County Tax Appraiser and the Winter Springs Community Development Department ** New rate to start January 1,2001 as reported by the Seminole County Solid Waste Department * * * Streetlight cost are included as part of the City of Winter Springs taxes EXHIBIT 2 ( REPORT ON THE PROPOSED D'YSON DRIVE ANNEXATION IN A(:CORDANCE WITH 171.042 F.S. Florida Statutes 171.042( 1) indicates that "prior to commencing the annexation procedures under 171.0413, the governing body of the municipality shall prepare a report setting forth the plans to provide urban services to any area to be annexed. In accordance with the aforementioned reporting requirements, the City of Winter Springs' hereby reports as follows: (a) A map or maps of the municipality and adjacent territory showing the present and proposed munici.pal boundaries, the present major trunk water mains and sewer interceptors and outfalls, the proposed extensions of such mains and outfalls, as required in paragraph (c), and the general land use pattern in the area to be annexed. The required maps are attached hereto as Exhibit "A", which is hereby fully incorporated lrerein by this reference. (b) A statement certifying that the area to be annexed meets the criteria in 171.043. The City of Winter Springs hereby certifies that: ( 1) As evidenced by the attached maps, the area to be annexed is contiguous to the City of Winter Springs boundaries and is reasonably compact. No part of the proposed annexation is located within another municipality. (2) All of the proposed annexation area is already developed for urban purposes as single family residential. (a) There are 111 sublots in Winter Springs Subdivision # 502, the whole of the proposed Dyson Road annexation. All the lots contain single family residences. It is estimated that the average person per household is 2.50. It is estimated that 277 people live in the proposed area of annexation. Therefore the requirement of 171.043(2)(a) F.S. is met. (b) There is a total resident population equal to at least two persons for each acre of land included within its boundaries (proposed area of annexation). Winter Springs Subdivision #502, the area proposed for annexation, is subdivided into lots so that at least 60% of the total number of lots are 1 acre or less in size. (c) Winter Springs Subdivision #502, the area proposed for annexation, is dl~veloped such that at least 60% of the total number of lots in the area at tbe time of annexation are used for urban purposes, and it is subdivided into lots such that at least 60% of the total acreage, consists of lots and tracts 5 acres or less in size. l, (c) A statement setting forth the plans of the municipality for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation. ( 1. All urban services that the City of Winter springs provides presently to its residents and businesses within its corporate boundaries wi II be provided to the area proposed for annexation on the date of annexation on substantially the same basis and in the same manner, except for the provision of sewer and water. 2. By arrangement, the County will be allowed to continue providing water service to the proposed area of annexation. The existing County system is capable of meeting the flows; including fireflows and demands for this area. The existing county system has an equivalent service capability and criteria to that provided all other residents of Winter Springs. As an alternate, the existing water system could be disconnected from the County system and added to the Winter Springs water system. Adequate capacity and line size is available to the subject property from the existing Winter Springs Water system. 3. There presently is no sewer service provided by Seminole County and the City will not require or provide sewer service to the area proposed for annexation. The area is currently served by individual septic systems. Sewer can be provided to this area if requested by the homeowner or if there were a health hazard that would req[uire a central sewer collection system. Adequate capacity is available in the downstream gravity sewer system if the area is required to connect. At this time there are no known health hazards that would prevent the continued use of septic systems in this area. There are no plans at this time to provide a central sanitary sewer collection system. 4. No extension of major trunk water mains and sewer. mains into the area to be annexed is scheduled, for the reasons set forth in (c) 2. Above. If connection is required, the existing downstream Winter Springs system is capable of servicing this area. 5. The City of Winter Springs does not plan to extend sewer and water service into the area proposed for annexation. Financing is therefore not required to provide municipal utility services to this area at this time. If water and sewer service is provided into the area in the future, financing will be considered by the city at that time. Pursuant to Section 171..042, Florida Statutes, the City of Winter Springs is filing a copy of this report with the Board of County Commissioners of Seminole County prior to commencing the annexation procedures under Section 171.0413, Florida Statutes. AnACHMENT A PAGE I, WATER DISTRIBUTION I'ROPOSED DYSON DRIVE ANNEXATION City of Winter Springs Utility Status Map Water Distribution October 1999 G '?~ ,,~ ~~ ~ ~ \;.. \ ~ PROPOSED DYSON DRlVE ANNEXATION , , 1.....\\ \ \ s~_~___-,: ~ ATTACHMENT A PAGE 2, SANITARY SEWER MAPS PROPOSED DYSON DRIVE ANNEXATION \ City of Winter Springs Utility Status Map Sanitary Sewer October 1999 I _, .1 ~ _ :::::~ 11 . "':::::-.............( I '- , i ............. --- .......-. i -::::t._ '- .' <[. . , { 1\ r . fl' ," - t. ~ - 'PROPOSED ~ DYSON DRIV .' .....:--.. ANNEXATIOJ:::::=::::c.= /",- I~ ;. I .-:::-~--_. -, ",y \\ \ " \ \ \\ \\ \\ \ \ \\'\ ~""'~:"::"I ........:: 't. I . l/ . ----r~- /_~ ':...... I . . - I . I -....:... '" t{. . >.~ '0 u -4 Commercial /J Conservation High Density Resd . Planned Dcv Higher IntensIty Industrial Low Density Resd 't Resd Medium Densl y Office lopment Planned Deve Public Rural 10 . Rural 3 ~i~t~:Q~~ ; Rural 5 u Recreational Suburban Estates ..--.. "~~~. :~'~~)'. ' . ~:~:;:.~.i-.;...::.. . Water 1 Boundaries Municipa I' \ \. II. 1 \. ,I '\ I IC \ I ORDINANCE NO. 2000-27 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF' WINTER SPRINGS, FLORIDA, PROPOSING TO ANNEX REAL PROPERTY GENERALLY LOCATED ON AND AROUND DYSON DRIVE BEING CONTIGUOUS TO THE BOUNDARIES OF THE CITY OF WINTER SPRINGS IN SEMINOLE COUNTY, FLORIDA, AND GENERALL Y DESCRIBED AS THAT PART OF SECTION 13 TOWNSHIP 21 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY; FLORIDA; BEING RECORDED AS THE PLAT OF WINTER SPRINGS IN PLAT BOOK 15, PAGES 81 AND 82 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND THAT PART OF TUSKAWILLA ROAD LYING WEST OF SAID PLAT AND THAT PART OF CITRUS ROAD LYING SOUTH OF SAID PLAT; AND A TRACT OF LAND BOUNDJ8:D BY SAID PLAT BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THIS ORDINANCE TO BE SUBMITTED TO A VOTE OF THE REGISTERED ELECTORS OF THE DYSON DRIVE AREA PROPOSED TO BE ANNEXED; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, SECTION 2.01, TERRITORIAL BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES IF THE ANNEXATION IS APPROVED BY MAJORITY VOTE OF SAID REGISTERED ELECTORS AT A DULY HELD REFERENDUM; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH THE DEPARTMENT OF ST ATE UPON SAID APPROV AL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIJDING FOR SEVERABILITY; AND PROVIDING FOR A CONTINGENT EFFECTIVE DATE. WHEREAS, in the best interest of the public health, safety, and welfare of the citizens of Winter Springs, the City Commission of the City of Winter Springs desires to annex the real property more particularly described below into the municipal boundaries of the City of Winter Springs; and WHEREAS, this annexation shall be pursuant to the annexation procedures contained in Section 171.0413, Florida Statutes; and City of Winter Springs Ordinance No. 2000-27 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 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, if this Ordinance becomes effective pursuant to the procedures in Section 171.0413, Florida Statutes, the City Commission hereby finds that the total area annexed by the City of Winter Springs during the calendar year 2000 shall not exceed 5 percent of the total land area of the City of Winter Springs or exceed more than 5 percent of the City of Winter Springs's population; and WHEREAS, if this Ordinance becomes effective pursuant to the procedures in Section 171. 0413, Florida Statutes, the municipal boundary lines of the City of Winter Springs, contained in Winter Springs Chartl~r, Article II, Section 2.01, shall be redefined to include the subject real property. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, HEREBY ORDAINS, AS FOLLOWS: Section 1. Annexation of Real Property. The City Commission hereby desires and proposes to annex the area of real property, which is more particularly described in the metes and bounds legal description and map attached hereto as Exhibit "A", contingent upon the approval of the registered electors of the area of real property proposed to be annexed. Approval or disapproval of the armexation shall be put to a vote of said registered electors by referendum duly held at the next regularly scheduled general election on November 7,2000 or the next special or general election thereafter. Exhibit" A" is hereby fully incorporated herein by this reference. Section 2. Referendum Election. The City Commission hereby calls a referendum to be conducted only in the area of real property proposed to be annexed by this Ordinance. The referendum shall be at the expense of the City of Winter Springs and held at the next regularly schedukd general election on November 7, 2000 or the next special or general election thereafter. The referendum shall not be held sooner than 30 days following the final adoption of this Ordinance. Section 3. Annexation Ballot Question. Concurrent with the scheduled election stated in Section 2 herein, the following question shall be placed on the ballot for consideration by the registered electors of the area of real property proposed to be annexed by this Ordinance. The question shall follow the placement on the ballot of any candidates running for elected office, if any. The caption and question shall be worded substantially as follows: City of Winter Springs Ordinance No. 2000-27 Page 2 of 4 CITY OF WINTER SPRINGS ANNEXATION OF DYSON DRIVE AREA Shall the City of Winter Springs annex the area of real property generally known as the Dyson Drive area, as that property is described in Ordinance Number 2000- 27 of the City of Winter Springs, Florida, effective upon approval by a majority vote of the registered electors of that property? o Ye:s - - For annexation of property described in Ordinance Number 2000-27 of the City of Winter Springs, Florida. o No - - Against annexation of property described in Ordinance Number 2000-27 of the City of Winter Springs, Florida. Section 4. Coordination with Supervisor of Elections. The City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Seminole County to include the above-described question on the ballot for the area of real property proposed to be annexed by this Ordinance. Section 5. City Boundaries Redefined; Winter Springs Charter Amended. Pursuant to Secti.on 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, providing the annexation is approved by a majority vote of the registered electoni pursuant to referendum called and conducted pursuant to 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; otherwise, if the annexation is not approved by the registered electors, then the City Clerk shall not file the revision of the Winter Springs Charter. Section 6. 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 7. 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 ofthe remainder hereto as a whole or part thereof to be declared i.nvalid. Section 8. 'Nhereas Recitals. The aforementioned "whereas" recitals are hereby fully incorporated herein by this reference as findings of the City Commission of Winter Springs. Section 9. l~ffective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, however, the annexation proposed by this Ordinance shall only become effective if the proposed annexation receives approval by a majorit)' vote of the registered electors of the area of real property proposed to be annexed by this Ordinance. City of Winter Springs Ordinance No. 2000-27 Page 3 of 4 ADOPTED by the City Commission of the Ci \ meeting assembled on the 28thday of August \ Florida, in a regular ., I i I \. ATTEST.: '-, i ( ._ .,-,k..- \~\"'-1 \,~ ~ A REALORE~~~CES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY F~ITY OF WINTER SPRINGS ONLY. l >1,1,1--/) l?/U/N ANTHONY A. GARQ1\NESE City Attorney First Reading: August 14, 2000 Second Reading: August 28, 2000 Effective Date of Ordinance: August 28,2000 Referendum Held On: Annexation Referendum Results: For Annexation Against Annexation City of Winter Springs Ordinance No. 2000-27 Page 4 of 4 EXHIBIT A - SHEET 1 Sheet 1 See Sketch of Description DESCRIPTION: That part of Section 13 Townshi.p 21 South, Range 30 East, Seminole County; Florida; being recorded as the plat WINTER SPRINGS in Plat Book 15, Pages 81 and 82 of the Public Records of Seminole County, Florida, and that part ofTuskawilla Road lying West of said plat and that part of Citrus Road lying South of said plat; and a tract ofland bounded by said plat being more particularly described as follows: Commence at the Southeast comer of Gardena Fanns as recorded in Plat Book 6, pages 23 and 24 of the Public Records of Seminole County, Florida; thence run N 05009'30" E a distance of 33.00 feet; thence N 85000'00" W parallel with the Southerly line of said Gardena Fanns a distance of 2899.19 feet to the POINT OF BEGINNING; said point being the intersection of the East boundary line of the aforementioned plat WINTER SPRINGS and the North Right of Way line of Citrus Road; thence run N 85000'00" W along the South boundary line Blocks "A" and "F" of said plat and along said North Right of Way line for a distance of 2580.38 feet to the Westerly Right of Way line of Tuskawilla Road as according to the aforementioned plat WINTER SPRINGS; thence N 04024'22" E along said Westerly Right of Way line for a distance of 1554.06 feet; thence run the following thirteen (13) courses along the North boundary line of said plat; S 85000'00" E a distance of 1220.50 feet; thence S 59008'04" E a distance of 184.34 feet; thence S 35008'02" E a distance of 164.69 feet; thence N 3r09'31" E a distance of 190.00 feet; thence S 52050'29" E a distance of 170.00 feet; thence N 37009'31" E a distance of99.14 feet; thence S 52050'29" E a distance of284.65 feet; thence N 31006'10" E a distance of226.67 feet; thence S 85000'00" E a distance of 458.83 feet; thence S 20029'25" W a distance of50.00 feet; thence: S 56012'22" E a distance of238.58 feet; thence N 42034'49" E a distance of 247.48 feet; thence S 52050'29" E a distance of 514.86 feet to a point in the center of Howell Branch; said point also lying on the Westerly boundary line of said plat WINTER SPRINGS; thence run along said Westerly boundary line and along the center line of Howell Branch the following courses; S 18016'02" W a distance of41.09 feet; thenceN 83046'25" W a distance of55.83 feet; thence S 25022'0811 W a distance of49.23 feet; thence N 73007'12" W a distance of 86.23 feet; thence S 76055'21" W a distance of 63.85 feet; thence S 37027'51" W a distance of87.07 feet; thence S Or31'16" E a distance of 105.25 feet; thence S 63029'31" W a distance of76.66 feet; thence; S 09048'00" E a distance of213.45 feet; thence S 09020'54" W a distance of 95.50 feet; thence S 48049'27''' W a distance of96.75 feet; thence S 43056'54" W a distance of 178.80 feet; thence S 11052'27" W a distaJrlce of 144.05 feet; thence S 36022'20" W a distance of 131.49 feet; thence S 29041'40" W a distance of 1:&7.83 feet; thence S 70011'40" W a distance of 171.51 feet to the Point of Beginning; together with that, part of any additional Right of Way for Tuskawilla Road lying West of and adjacent to this description ar:,ld together with that part of Citrus Road lying South of and adjacent to this description. Prepared by: Tinklepaugh Surveying Services, Ind:. 379 West Michigan Street ii Suite 208 Orlando, Florida 32806 (407) 422-0957 This description and the accompanying sketch or sketches has been prepared in accordance with the Standards set forth in Chapter 61G17, FAC., pw-suant to Chapters 177 and 472, Florida Statutes. Unless it bears the signature and the original raised seal of a Florida, licensed surveyor and mapper this drawing, sketch, plat or map is [Of informational purposes only and is not valid. TOO-C96 <0 ~ a ll: io-.f~ ~:g~ ~-Cl: ~ ~ l<Jlu~ . ~ ~: .~~~ '1";' ~ f'JN~ '1". _ o~~ ~a~ <:~ SKETCH OF DESCRIPTION S 85'00'00" E 1220.50' NOT A SURVEY f f I -' I I BLOCJ 0 f IJYSON IJ/?/rA" I ') I SHEET 2 OF J SEE SHEET / FOR LEGAL DESCRIPnON AND cm nFlCA nON o o It) \ ... ~ ~ -~- i SURvrYORS NOTES: CITRUS ROAD (66' R/W) POINT OF BEGINNING N 85'00'00" W 2899.19' C/T/?US /?OAIJ S 05'00'00" W 66.00' POINT OF CO SOUTHEAST CORNMMENCEMENT PLA T BOOK 6. PA~~SOF GAROENA FARMS 23 AND 24 M >< ~ )??oo\ Cd )??oo\ ...., > I C/) ~ ~ ~ ...., N /. This is not 0 Boundary Survey. 2. Bearings based on the South line of Block F being N 85"00'00" W os shown on the plat 'MNTfR SPRINGS os recorded in Plot Book 15, Pages 81 and 82 of the Public Records of Seminole County, Florida. J. The Righ t of Way for Tuskawilla Rood varies in width. No information as to the present Right of Way alignment or width has been provided to, or reseached by Tinklepaugh Surveying Services, Inc.; other than tax maps and recorded plats. The Right of Way shown hereon is per record plot. 4. The subject property shown hereon contains 104.620 acres more or less. The area for Citrus Road and the area for any additional right of way that may exist for Tuskawilla Road is not included. 5. Seminole County Tax Mops indicate Citrus Road os being a 66' right of way. No other information has been provided to or researched by Tinklepaugh Surveying Services. There may exist matters of title in the Public Records of this county. 6. See sheet J for line tables. CITY OF WINTER SPRINGS Tinklepaugh SURVE'l1NG SERVICES, INC. 379 W. Michi9an Street. Suite 208 . Orlando. Florida PREPARED FOR: DRAWN BY: R. NIETO DA TE: 7/25/00 ORDER NO.: TOOC96 SCALE: /"= 500' FILE: SX # 7024 Tele. No. (407) 422-09~7 Fex No. (407) 422-691~ UCENSED BUSINESS No. 3778 '28" ~ EXHIBIT A - SHEET 3 - SHEET 3 OF 3 SKIETCH OF DESCRIPTION -- NOT A SURVEY -- LINE TABLE NUMBER BEARING DISTANCE LT S 59"08'04" E 184.34' L2 S 35'08'02" E 164.69' LJ N 37"09'31" E 190.00' L4 S 52'50'29" E 170.00' L5 N 37"09'31" E 99.14' L6 S 52'50'29" E 284.65' - L7 . N 31'06'10" E 226.67' L8 S 85'00'00" E 458.83' L9 S 20'29'25" W 50.00' LTO S 56'12'22" E 238.58' LTl N 42'34'49" E 247.48' LT2 S 52'50'29" [ 514.86' LT3 S 18'16'02" W 41.09' LT4 N 83"46'25" W 55.83' LT5 S 25'22'08" W 49.23' LT6 N 73"07'12" W 86.23' LT7 S 76'55'21" W 63.85' LT8 S 37'27'51" W 87.07' LT9 S 03'31'16" [ 105.25' L20 S 63"29'31" W 76.66' L21 S 09'48'00" [ 213.45' L22 S 09'20'54" W 95.50' L23 S 48'49'27" W 96.75' L24 S 43"56'54" W 178.80' L25 S 11"52'27" w 144.05' L26 S 36'22'20" W 131.49' L27 S 29'41'40" W 187.83' L28 S 70'11'40" W 171.51' NOTE: II See sheet 1 for legal descripUon and certification. See ~heet 2 for drawing and surveyors notes. PROJECT: Tinklepaughj CITY OF WII~TER SPRINGS SURVEYING SERVICES, INC. FILE: SX # 7024 379 WEST I.lICHIGAN ST.. SUIT( 208 0 ORlANDO. fL. 32806 DRAWN BY: R. NIETO I ORDER NO.: TOOC96 1-= 500.1 OA TE: 7/25/00 (407) 422-0957 SCALE: UCENSED BUSINESS No. 3778