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Home My WebLink About2001 01 08 Public Hearings A First Reading - Ordinance 2001-01 Annexation COMMISSION AGENDA ITEM A Consent Informational Pu blic Hearing Regular x January 8, 2001 Meeting Mgr. IAtty. 1 Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for first reading and consideration of Ordinance 2001- 01 that would annex a 0.72 acre parcel. PURPOSE: The purpose of this request is to annex a 0.72 acre parcel located very close to the southeast corner of the intersection ofS.R. 434 and S.R. 417 (The GreeneWay). APPLICABLE LAW AND PUBLIC POLICY: / The provisions of 171.044(1) F.S. which states in part: 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 City has expressed an interest in annexation in the past [ ref 8-14-99 City Commission meeting ]. CDDlDecember 29.2000/1:48 PM JANUARY 8, 2001 PUBLIC HEARING AGENDA ITEM A Page 2 CONSIDERATIONS: . Julianna Smith requests annexation to secure sewer and water service to the property when such service from the City of Winter Springs becomes available. . The property is 0.72 acres with abandoned residential structure, treed with grassed front. . The City Commission, at its November 13,2000 meeting, annexed the adjacent (Korman) property to the west at the southeast corner of S.R. 417 (The GreeneW4y) and S.R. 434. FISCAL IMP ACT: None STAFF RECOMMENDATION: Staff recommends the Commission hold a public hearing for first reading and consideration of proposed Ordinance 2001-01 annexing a 0.72 acre parcel located near the southeast corner of the intersection of S.R. 434 and S.R. 417 "The GreeneWay". IMPLEMENTATION SCHEDULE: A public hearing for second reading and adoption of Ordinance 2001-01 would be held on January 22,2001. The ordinance would become effective immediately upon adoption per Sec. 4. 15(c) City Charter and 166.041(4) F.S. ATTACHMENTS: A. Proposed Ord. 2001-01. COMMISSION ACTION: CDDlDecember 29, 2000/I :48 PM ATTACHMENT A ORDINANCE 2001-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL PROPERTY LOCATED WITHIN SEMINOLE COUNTY, FLORIDA NEAR THE SOUTHEAST CORNER OF THE INTERSECTION OF S.R. 417 "THE GREENEWAY" AND S.R. 434 AND LEGALLY DESCRIBED IN EXHIBIT "A" HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE ll, BOUNDARIES; TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH THE APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING OR 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 Statues; 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 Ordinance 200 I -0 I City of Winter Springs Page I of4 requirements for annexation; and WHEREAS, The 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 tIus Ordinance is in tile 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. Section 2. City Boundaries Redefined; Winter Springs Charter Amended. Ordinance 2001-01 City of Winter Springs Page 2 of 4 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 bOlmdaries of the City of Winter Springs to include the area of real property described in Section 1 of tins Ordinance. The City Clerk shall file tile revised Winter Springs Charter, Article II, Section 2.01, witIl the Department of State witIlin tIlirty (30) days upon said approval. The City Clerk shall file tins Ordinance witIl the Clerk of Circuit Court of Seminole County, tile Clnef Administrator of Seminole County, and the Department of State within seven (7) days of tile effective date.. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of prior ordinances and resolutions in conflict herewitIl are hereby repealed to the extent of the conflict. Section 4. Severability. Should any section or proVISIon of tins Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Cowt 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 Ordinance 2001-01 City of Winter Springs Page 3 of 4 immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the_day of ,2001. PAULP.PARTYKA,MAYOR REVIEWED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE, CITY ATTORNEY ATTEST: ANDREA LORENZO-LUACES CITY CLERK 18T READING POSTED 2ND READING AND PUBLIC HEARING Ordinance 2001-01 City of Winter Springs Page 4 of4 -< ~ ~ = ~ ~ , I JAN 03 '01 05:46PM DOUDN[Y SURV[YORS, INC. 4073221495 P.2/2 DOUDNEY SURVEYORS, Inc. Profe'SSional Surveyors and Mappers P. O. BOX 266 SANFORD, FLORIDA 32772-0266 PHONE: (407)322-1451 FAX: (407)322-1495 E-MAIL: Doudneysw@aol.com Mr. I\ndre Bir.~ ERIC AD.ur& REALTY 997W_K.-dy~ Suite A-2S Orlando, FlcntI 32110 10 August. 2000 Dear Aadre; The folbMDs is a 1'IIdIII and bounds descriptim of the Smith parcel. If you haw any questims or ~ _.......... plea.. filel fiee to caU.... David A. ~, ".s.M. Presidatt REAL PROPmlTY MSCRIPTION: (WRI'ITEN BY SURVEYOR fOR ANNEXA nON) JUL YA.NNA P. SMITH, PARCEL LB. 04-1l-31-~ The North 200 liB of~ West 300 feet of the Sooth 3/4 of the East 1/2 of the Southwest 1/4 of Sectiao 4, T~ 21 So.Ih, Range 31 East, Seminole County, Florida, being more particularly described as ~: Begin at the Su.A_.... CIOIIB" oftbe North 200 feet of me West 300 feet of the South 3/4 of the East 1/2 of* Southwest 114 of Section 4, Township 21 South, lUnge 31 East, Seminole COUItty, Florida and nm N 00032'26"W along the West line of the East 1/2 oftbe Southwest 1/4 of said Sectim 4,80.01 feet to . point an the Southerly right-of-way line of State Road 417 per the right- of-way II1apS, Settimr mo-2302, prepared by Lochrane Engineering, Inc., last nMsed ~17-98; thence IUDN 80"26'OrE aIaIg said Southerly right-of-way line, 303.63 ~ tbeoce nm N 890(9'47"E abag said risbl-of-way line, 0.12 feet to a point on the East line of the North 200 feet of me West 300 fill aftbe East 1/2 of the Southwest 1/4 of said Sec:tkm 4; tbaJc:e leaving said right-of-way tiDe nm S 00"32"26"E algng said East line, 129.57 feet to dse Southeast comer oltbe North 200 feu of the Wesl300 teet of the South 3/4 of the East \12 of the Southwest 1/4 of said Secticm 4; th... nm S W49"32"W almg the South line of the NoIth 200 feet oCthe West 300 feet of the South 3/4 of_ Eat 112 of the Southwest 1/4 of said Section 4, 300.00 .. to the PoiDt of 8egUmiDg: ~..iDg 31431.89 SQuare &etor 0.7217 acres. SURVEVOR'S NOTES: l) The SlneyGl''' oat ...a.ttd the land sbown hereon fot ~mPIIlS, nglm-d-way or 3D}' ocher maner, &.-.-~ or ~ tbat may affect the use or title of this land 2) The beariD& s2IuaIIfe is ~ on che West line of the Southwest 1/4 of Section 4, Township 21 South, Ibnge 31 Eaatu be:iJlsN 00"41'23"W per the rigbt-<lf-way maps of State Road 417, Section 9770- 2302, p.....-~by l...oc:IIInM EagineeriDg. Inc.. last revised. 6.11-98. J) This dt$cf..... W. ~d at the request of the cljent aDd is based on oCIic:e records, noces and prcviOllS mM:JI add ... .. been field verified DAD\WOIt.DXWAY.DOC\P.I. EXHIBIT A .1 Cl1'y_ Op W1lVr 1t)< PROPOSED ANNEXATION PROPERTY l' tJ .-- U"l. ~ '7 . ~ -..-.... /'.:.--:::'. ~ _n___ __ /'./ """" ../,,' .~ o ~ @ @ ~ -=:=::::~~=- ~ -~=:::. @~ ~ "?> i~ - <P ~ '~~' @)@ ~ - @) Q . C~ c.:-~. ~..:>. ! (p ~~ CD @ .l J" SP)<.l lVCS 8 @ @ o o t: ~ 8 /y .fi) <a: ~ @97 s' .g}o S> 8 :;,;:.::. ~ C~ .f ~:'~ . 1 @ .. ~. ~. ~ JAN-11-2001 15:02 CITY OF tAl I t~TER SPR I NGS 407 327 4753 P.01 , ' AST;YAMe-FlAST NAME-MIDDl..e NAMe Q- ~,. '1 1t..t1 PAJ I-- IAILlNG ADDRESS 05 wCku br c...~ :ITY WI,J~, S~ J,J(r1 'ATE-ON WHICH VOTE CUAREO , 0 ~ COUNlY 5 i.-n I,J 0 Vii.- o OT).lEA lOCAlAGENCV o APPOI~vt; WHO MUST FILE FORM 88 This torm Is for use by any person serving at the county. city, or other localleve/ 0' government on an appointed or elected board. covncil~ :ommission, authority, or committee. It applies equally to members or advisory and non-advisory bodies who are presenled with a voting :Jnflict of interest under Section 112.3143, Florida Statutes. . . our responsibilities under the law when faced with voting on a measure in which you have a conmct of Interest will vary greally depending :m whether you hold an elective or appointive position. For this reason. please pay close attention to the inslructions on this form before ~,()mpleting the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ~ person holding elective or appointive counly, municipal. or other local public oHice MUST ABSTAIN from voting on a measure which "ures to his or her special private gain or loss. Each elected or appoinled local officer also is prohibited from ktlowingly voting on a mea. sure which inures to the special gain or loss of a prin~ipal (other than a government agency) by whom he Or she is retained (including the Jarent organization or subsIdiary at a c~rporate principal by which he or she Is retained); to the special private gain Or Joss of a relative; or .1) the special private gain or loss of a business associate. Commissioners of community redevelopment agencies u"der Sec. 163.356 or 163.357, F.S., and officers of Independent special tax districts elected on a one-acre. one-vole basis are not prohibited from voting in that ;apacity. =or purposes of this law, a .relative~ includes only the officer's falher, mother, son. daughter, husband, wife, brother, sister. father-in-law. Tlother.in.law, son-in-law, and daughter-In-law. A .business associate- means any person or entity engaged in or carrying on a business ,nterprise with the offICer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation Ire not lisled on any national or regional stock exchange). ::LECTED OFFICERS: n addition to abstaining from ...oting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly Slating to the assembly the nature of your interest in the measure on whl<:h you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by compleling and filing this form wilh the person responsible for recording the min- utes of the meeting. who should incorporate the form in Ihe minutes. )'PPOINTED OFFICERS: Jthough you must abstain from voUng in the siluations descnbed above. you otherwise may partiCipate in these matters. However, you lust disdose the nature of the connlet before making any allemptto Influence the decision, whether oraIly or in writing and whether made y you or at your direction. : YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PAIOR TO THE MEETING AT WHICH THE VOTE WILL BE AKEN: You must complete and file this form (before making any attempt to inrluence the decision) wilh Ule person responsible for recording Ihe minutes or the meeting. who willlncorporale the form in the minutes. (Conlinued On other side) \ -~, JAN-11-2001 15:02 CITY OF WINTER SPRINGS 407 327 4753 P.02 AJ?POINTED OFFICERS (continued) . . A copy of the form must be provided immediately to the other members or the agency. · The form must be read publicly at the next meeting after the rorm Is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must olSclose orally the nature of your connicl in the measure before participating. . You must complete the form and file it within 15 days alter the vote occurs with the person responsible tor recording the minutes althe meating. who must incorporate the fonn In the minutes. A copy of the form must be provided immediately to the other members ollhe ~ agency. and [he form must be read publicly at the next meeting after the form is filed. I._PAUL-- DISCLOSURE OF LOCAL OFFICER'S INTEREST P . f c>rt1-<-^t l6T- . hereby disclose that on -::fIJ-"j . &-- .20~: (a) A measure came or will come before my agency which (check one) L Inured to my special private gaIn or loss; inured to [he special gain or loss of my business associate. Inured to the ~peciaJ gain or loss of my relative. X inured 10 the special gain or loss of 11:.t,/'rc.aRf' . whom I am retained; or Inured 10 the special gain or loss of is the parent organizalion or subsidiary of a principal which has Tela/ned me. . by , which (b) The measure before my agency and the nature of my conflicling ;nlerest In the measure Is as follows: 1.5 (1 {(a ~. W.Q... 'THe (J (.. ( ,J &- (( ([..Q vi.[..{ ilf.2 , ,..J 'JlD Ttt-L Ci T 7' G iJ Y UL 6F '/'rrL P f2..<:f>,U2-:'/ 'IV tJ t.. /TrJ ~CK LD /}rJD r;r IV / 1~T1U,- S PR I.,.J {rJ - I An -,- HA"-- ]...o<v~ ltte.- bfo Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING; IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NO; TO EXCEED $10,000. CE FOF\M a8 . EFF. 112000 PAGE 2 TOTAL P. 02