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Home My WebLink About2001 01 08 Public Hearings B First Reading - Ordinance 2001-03 Annexation COMMISSION AGENDA ITEM B Consent Informational Pu bIie Hearing X Regular January 8, 2001 Meeting Cllt/O! Mgr. / Atty. 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- 03 that would annex an approximately 6.5 acre parcel. PURPOSE: The purpose of this request is to annex an approximately 6.5 acre property located on the east side ofD.S. 17/92 on Nursery Road. 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 ]. CDD/Dccembcr 29,2000/1:45 PM JANUARY 8, 2001 PUBLIC HEARING AGENDA ITEM B Page 2 CONSIDERATIONS: . Wayne Reece, the owner of the property, 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 approximately 6.5 acres with existing structures housing retail commercial, warehouse, and light fabrication. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends the Commission hold a public hearing for first reading and consideration of proposed Ordinance 2001-03 annexing an approximately 6.5 acre property located on the east side of U.S. 17/92 along Nursery Road. IMPLEMENTATION SCHEDULE: A public hearing for second reading and adoption of Ordinance 2001-03 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. 2001-03. COMMISSION ACTION: CDDlDccember 29. 2000/1:45 PM ATTACHMENT A ORDINANCE 2001-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL PROPERTY GENERALLY LOCATED WITHIN SEMINOLE COUNTY, FLORIDA ON THE EAST SIDE OF THE INTERSECTION OF U.S. IDGHWAY 17/92 AND NURSERY ROAD AND LEGALLY DESCRIBED IN EXHIBIT "A" HERETO; PROVIDING FOR TIlE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE ll, BOUNDARlES; 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 2001-03 City of Winter Springs Page 1 of4 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 tins Ordinance, tile 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 tile City Commission. Exhibit "A" is hereby fully incorporated herein by tins reference. Section 2. City Boundaries Redefined; Winter Springs Charter Amended. Pursuant to Section 166.031(3) Florida Statutes, and Section 171.091 Florida Ordinance 2001-03 City of Winter Springs Page 2 of 4 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 Sect.ion I of tills Ordinance. The City Clerk shall file the revised Winter Springs Charter, Article II, Section 2.01, witIl tile Department of State within thirty (30) days upon said approval. The City Clerk shall file tills Ordinance WitIl the Clerk of 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 prior ordinances and resolutions in conflict herewith are hereby repealed to the extent of tile conflict. Section 4. Severability. Should any section or proVISIon of tills 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 tile 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 tile City COlmnission of the City of Winter Ordinance 2001-03 City of Winter Springs Page 3 of 4 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 LORENlO-LUACES CITY CLERK 1 ST READING POSTED 2ND READING AND PUBLIC HEARING Ordinance 2001-03 City of Winter Springs Page 4 of 4 / EXHIBIT A I' 1'\ :1 :II :1\ ! . . / .0: I . / ~ ... >c o 1 \ .0 11 CITy OF' , ~ . WINTER. I FLORIDA. AVE. I SPR.INGS .' I I .0 : ..........;./....... \ . w. I ""; -..-.- 1\ ~ =- .., C> "" I ~ .~ "" ~? 10 , 1 1 .0 ~ >- 1 J II J , 0 1 -< .., C> . ..--...- --I i' 11 . 8 ~j 4. 0 4 . 10 I c;:: g i M ( ~ 6 , ,l. 6 . 0 ~ t' ....!..... ~ 7 ":"0 1 0 1 ;...:J ~ ;;., ~ ,0000 ~ \R.C - ,A C T A - \ 8 . 0 - ,! ,. ;;... \1 :1 . i; F-.. 00. !; I 8 . [ C . ;;J : , i! ! : --- \0 I __- ----0 , I -- - l' N ',' (j~ 'fI,":~, ~ "4~ .~ ~~ :: ~~ jfC~ .~~ 6. \ "I.. '''.'' 11 --' ------ i ! .' i '- ))00 ---- -- ..---,"-' I 1 . J 1 , o i\ l i I i J CITY OF LONGWOOD EXHIBIT A OVERALL METES AND BOUNDS DESCRIPTION BEGIN AT THE NORTHWEST CORNER or Lor i9, ENfZiNGER FARMS ADO(fJ..oN NO. J. AS RECORDED IN PLAT 6. PAGE 27, PUBLIC RECORDS OF sn'(~NOLE COUNt'Y-?FLpRIDA THENCE N84.09'J8"E ALONG THE NORTHERLY LINE OF SAID lor 19 A DISTANCE o.r- 92J.56 FEET TO THE SOUTHEAST CORNER OF LOT 9, W/LLA,MSON HEIGHTS, AS R~CORDED ~~ IN PLAT BOOK 1~. PACE: J8, PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA: 'f~ENCE SOS.51'J4"W ALONG THE WEST LINE OF Lors 10, 11. 12. U AND 14 OF SAID WILLAMSON HEIGHTS A DISTANCE OF J 18.86 FEE'! TO THE SOUTHWEST CORNER OF SAiD LOT 74 AND THE NORTH[RL Y RIGHT OF WAY LINE OF NURSERY ROAD: ,THENCE S84'06'J4"W ALONG SAID NORTHERLY RiGHT OF WAY LINE A DISTANCE. OF 92J.63 FEU TO THE sourHWEST CORNER OF SAID lor 19 AND TO THi: EASTERLY RIGHT o.F WAY LINE OF U.S. 17~92; Tri!:NCE NOS'50'JOur ALONG SAID [ASTERL Y RIGHT OF WAY LINE A DIS rANCE OF J 19. 68 FfET TO fH[POINT OF BEGINNING. CONTAINS 2887J4 SQUARE FEU OR 6.6284 ACq[S MORE OR LESS. ~ 9CCfN AT THE NORTHWEST CORNeR OF lOT '. BLOCK O. TALMO suBDIVISION, ~S R(COROCO IN PLA T BOOK 9. PAGE 10. PuBLIC RECORDS OF SEMINOlE COUNTY. FLORIDA: RUN THENC( NB4"06'J4"[ ALONG fl/r; SOLJ7U[RU' RIGIIT or WAY LlN[ OF NuRSERY ROAD A D1STANCE OF 'fOB. 6 7 FEET TO T1-lE NORT~t.AST CORNER OF LOT 12. BLOCK D. SAIO TAlMO SUBOfVl$rON AND TO. rH( WE:$T(RL, Y RICJ..H OF WAY LINE" OF TAlMO ST~ttr: TH(NC[ S05'J9~46"W ALONG $AiD wESTERL Y RIGHT or WAY LiNE A DISTANCE or 100.69 FEET TO THE SOUTHEAST CORNER or SAID LOT 12, BLOCK 0: TH[NCE S84'09'12"W ALONG THE SOUJHtNL Y LINE OF SAID LOTS 1 AND 12. BLOCK D. A DISTANce or 409.02 reET TO THf SOUTHWESI COHNI:..f.? 0,. SAil) LVI " BLOCK 0 AND THE [ASITRL Y RIGHT or WAY liNE or RIDGE STREET; THENCE NOS.5J'4rE ALONG SAID fASTER( Y RICHT or WAY LINt A DISTANCE OF 100.46 FEET TO THF POfNT OF BfCINNfNG. .;. t CONTAlNS ~027of SQU~.R[ FEfr OR 0.9246 ~R[S MORE OR tESS, %