HomeMy WebLinkAbout2002 11 25 Public Hearings A Second Reading - Ordinance 2002-26 Annexation
COMMISSION AGENDA
ITEM A
Consent
Informational
Pu blic Hearing X
Regular
November 25, 2002
Meeting
~
/~
Mgr. / Attor. / Dept.
Authorization
REQUEST:
The Community Development Department requests the City Commission conduct a public
hearing for and adopt on the second reading, Ordinance 2002-26, to annex into the City property
owned by Mr. Chanh Nguyen.
PURPOSE:
The purpose of this request is to annex an approximately 4.42 acre parcel owned by Mr. Chanh
Nguyen, pursuant to the reduction of code enforcement penalties.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of Section 171.044(1), F.S., 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 said municipality that said property be annexed to
the municipality. "
CONSIDERATIONS:
. Mr. Nguyen is the owner of 2 contiguous properties, of approximately 4.42 acres each, which
comprise a total of approximately 8.84 acres along the south side of Orange Avenue (Exhibit
E).
. The one 4.42 acre tract is located in the corporate limits of the City of Winter Springs, while
the other 4.42 acre tract is located in unincorporated Seminole County.
November 25, 2002
PUBLIC HEARING ITEM A
Page 2
. Both tracts are occupied by a former borrow pit site, which is currently a pond - the rest of
the site is thickly vegetated.
. City zoning and future land use classifications were never adopted for the one 4.42 acre tract
following its annexation in October 1999.
. In November 1999, the Code Enforcement Division learned of the illegal storage of trash and
debris on the property and initiated code enforcement action.
. Fineslliens ($250 per day) were imposed by the Code Enforcement Board in April 2000 and
reached a total of$186,000 before the property became compliant in April 2002.
· On July 22,2002, the City Commission considered a request by Mr. Nguyen for forgiveness
of code enforcement penalties/liens totaling $186,000 on the subject property and
subsequently reduced the amount to $10,000 contingent upon the voluntary annexation of
said property within 90 days thereafter.
· This request represents the applicant's desire to comply with the City Commission's July 22
decision.
. On November 11, 2002, Mr. James Mead contacted staff to delay the item from City
Commission for 2 weeks. At the City Commission meeting, it was reported that the request
was based on a medical emergency. The City Commission deferred the item until a time
certain of November 25,2002, in order to preserve the advertising.
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends the City Commission conduct a public hearing for and adopt Ordinance No.
2002-26 on second reading.
ATTACHMENTS:
A. Ordinance 2002-26
B. Survey of Nguyen Properties
C. Location Map of subject property
D. Annexation Application
COMMISSION ACTION:
ATTACHMENT A
ORDINANCE NO. 2002-26
AN ORDINANCE OF THE CITY COMMlSSION OF THE
CITY OF WrNTER SPRJNGS, FLORIDA, ANNEXING REAL
PROPERTY GENERALLY LOCATED AT THE EAST 'h OF
LOT IS. BLOCK il, D. R. MITCHELL'S SURVEY OF THE
LEVV GRANT, ACCORDING TO THE PLAT mEREOf AS
RECORDED rr\' PLAT BOOK 1, PAGE 5, PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA, AND LEGALLY AND
MORE fULLY DESCRJBED IN EXHffirr "A" HERETO;
PROVIDI:NG FOR THE AMENDMENT OF WINTER
SPRINGS CHARTER, ARTICLE II. BOUNDARIES TO
INCORPORATE THE REAL PROPERTY INTO THt; CITY
BOUNDAlUES; PROVIDING FOR THE FILING OF THE
REVISED W[NTER SPRINGS CHARTER WITH
APPROPRJA TF: AGENCtES UPON SAID APPROVAL;
PROVIDING FOR REPEAL OF PRlOR I.NCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, this is a voluntary annexation' which shall be pursuant to the annexation
procedures contained in Section 171044, Florida Statutes; and
WHEREAS, the City Commission has determined that the subject real proper:-y is reasonably
compact and contiguous ""1th the bO'-lndaries of the City of Winter Springs and \v111 not create an
enclave and otherwise satisfies Ihc requirements for armexation; and
WHEREAS, this armexation is in compliance and consistent with the goals, policies and
objectives of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and
"
WHEREAS. upon etlective date oflhis Ordinance, the municipal boundary lines of the City
of Winter Springs, contained in Winler Springs Charter, Article 11, shall be redefmed to include the
subject real property; and
City UfWUllc:- Splillb~
OI<]IIC'"/tCC N,," 2002-16
f'.lC'~ I of .1
W llEREAS, the City Commission of the City of Wirller Springs, Florida hereby finds that
C this Ordinance is in the best interests of tile public health, safety, and welfare of the citizens of Winter
Springs. Florida.
NOW, THEREFORE, THE CITY OF WINTER SP.R1NGS HEREBY ORDAfNS, 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. Pursuant
to Section 166.03] (3), Florida Stafutes, and Seclion 171.09 L. Florida Statl/tes, the City of Winter
Springs Charter, Anicle U, 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 I
of this Ordinance. The City Clerk shall tile the revised Winter Springs Charter, Article iI, Section
201, with the Department of State within thirty (30) days upon said approval. The City Clerk shall
also file this Ordinance ~ith the Clerk of the Circuit Court of Seminole County. the Chief
Administrator of Seminole County, and the Department of State within seven (7) days oflhe effective
"
date
Section 3.
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 connicL
City of Winter Spnn('.S
O"lill.loCC No. 2001-2G
Pil~C 2 ()f J
Section 4.
Severability. Should any section ur pruvision of this Ordinance,. or any
(
portion hereof, any paragraph. sentence. or word be declared by a Court of competent jurisdiction
to be invalid, sueh decision shaH not affect the validity of the remainder hereto as a whole or part
thereof tu bt: dt:c1ared invalid.
Section 5.
Effective Dalc. This Ordin;lncc shall become effective 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
_..__.__' 2002
Paul P. Partyka, ~ayor
^TTEST.
Andrea Lorenzo-Luaces. City Clerk
(
Approved .-5 to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
"
First Reading:
Second Reading:
Effective Date:
r: 'Dvc,'.Cily of ~Vil~J ~l'finr-"'.Codc F.nrorccmcnr'Ansu:.,"lionOnjuClll~:"Jg\lYCII."-pd
City of Wi!lle! Spnnss
O..dinancc Ho 2002.25
l'i,r,C ) or )
LEGAL DESCRlPTlON
Leg East (1/2) of Lot 15. Block B, D. R. Mitchell's survey of the Levy
Grant, according to the plat thereof, Parcel 26-20-30-5AR-OBOO-
015 A, as recorded in Plat Book 1. Page 5, of the Public Records of
Seminole County, Florida.
"
EXllmrr "A"
ATTACHMENTB
~
CllY OF WINTER SPRINGS
Permitting & LiclOt'\ting
LEGAL DESCRIPTION:
LOT 15. BLOCK B, OF THE D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK '. PAGE 5, OF THE PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA.
ORANGE A VENUE (DIRT ROAD)
50' RIGHT OF WI<Y
WEST 1/2
LOT 15
BLOCK B
4.42 ACRES:!:
510',j,
378.4'
13Ui'
~
z
0;
-'
..,
'"
'i
EAST 1/2
LOT 15
BLOCK B
4.42 ACRES:!:
tIl
0;
-'
..,
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;.'~(: '
LOTi6
ElLOCK G
...,
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"
J7B.4'
lJU5'
N 73'02'4" W 510',j,
SEABOARD COASTLINE RAILROAD
40' RIGHT OF WAY
NOTES:
LANDS SHO.... HEREON WERE NOT I<BSTRI<CTED BY THE SUR'<1::YOR FOR RIGHT-OF-WAY AND/OR EASE>JENTS OF RECORD OR O\\?lERSHIP.
NOT VI<UO UNLESS THIS MIIP / REPORT BEAAS THE SIGNATURE AND DRIGlN/4.L RI<ISED SEI<L OF THE SUR'<1::YOR AND t.lIIPPER OF RECORD.
NO FJELD WORK WAS PERFORMED FOR THE LANDS SHO\\?l HEREON.
BEARINGS ARE BASED ON THE NOR THERL Y RIGHT OF WI< Y OF THE SEABOAA COASTUNE RAlLROl<D AS BEING; N 73'02' .WW.
RUSSELL A. BRACH
I HEREBY CERlIFY THIS Sl<ETQl IIEETS
THE 1I1N1I1Ul1 TEGHNlCAI. STANDARDS Of'
FLORIDA ADIIINISTRAlI~ CODE RULE 61017-6.
RU~~fff~
flORIDA REGlSTRA liON 5299
S,.EC',..'C "U~"OSE SU~VEY
120'0 WA~O.AWA DRIY[
ORLAMD~ FLORIDA 32'~7
Cot. 0 7) 2'" 0 - 2 . 3 7 , A )C (4 0 7) 2:... 0 - 7 3 0 0
SCALE:
JOB No.
OCT-21-2002 11:34
p.el
EA I !It ofLol15 Block "8" of the n.R. Mitchell"s Survey of the Levy Grant on Lake Jessup,
ac wing to the Plat thereof as recorded in Plat Book I, Page 5, of the public records of
S . ole County, Florida.
Be . at the Northeast ComerofLol15 Btock lOB" o{the D.R. Mitchell's Swvey of the Levy
Or t on Lake Jessup, according to the Plat thereof as recorded in Plat BODle 1 t Page S, of the
pu ic records of Seminole CoW1l'y. Florida. Thence run S 180 12'3rW for 155':1: to a point on
the Ortberly right of way line of the Seaboard Coastline Railroad. Thence nut along said
No Iy right of way line N 73 002'4IltW for 131.6'~ to a point. Thence run N 00000'00" W for
18 7':3:. to a point on the Southerly right of way line of Ot-ange Avenue. Thence run along said
So erly right of way for 318.4'2: to the Point of Beginning.
Co aining 4.42:1:..
TOTAL P.Ol
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Map Output
A TT ACHMENT C
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Page I of I
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c1;,....k~r
I 101 I~. "inl Sf.
:'0"1<01'<1 1-1. ;12711
407..(,(~:,-7~(~
Legend
Selected Features
Facilitie s
~ Golf Course
0160 ParKs
~.
o Parcels
. Waler
A TT ACHMENT 0
CITY OF WINTER SPRINGS. FLORIDA
. 1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Depl.
Planning Division
APPLICATION FOR ANNEXATION
APPLICANT:~d UYf-N
Last . First
c;H AN t+
Middle
o
/ /1/u//1~V &~c/75 r' j?w.J,
I 7od~. If ~r;/_
<; /-1-- / <f? c/,- ~ /.
o 3Z77/
ADDRESS:M00 S'T'2'f-J) '~~K
fL 3,11 C1rJ..
State Zip Code
~p
City
PHONE:~Ol 0\'7-. 1407'
This is a request for annexation into the City of Winter Springs
of the property described below:
Address of Property proposed for annexation in the City:
;fJJ ()~ 1)
ADDRESS:-$e__ ~~T 6VllM..0lF- Of', t nt ~ 11f)p- -cAJL. D f!. IA ITcittJl
C~ c9r tJu- L-~ VY Crt:.A-NT k< f-k. cuzdec;{ p~Ci} f)(J7)k t. ~y<: S-
City State Zip Code
fr<- iA { 1-10
f&Jvtd
Tax Parcel Number: J.fo -1-0 - w- ~ Pre - 0 P.>Oo -0 \ s: A-_.
Size of Parcel: If. \
sq. ~cre0
illS, 'd1A\. n'~ .
~il
County Future Land Use Classification
County Zoning Category ILJ
Intent of request for annexation into the City of Winter Springs:
ee.~4 r~lA~~ ~~d R[C LA-M ~(,iJv1
. 1.'
. .1
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 is 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 increment of 50 words or portion thereof:
$ 25
*
NOTE: Property being annexed at invitation of the City is exempt from
above fees.
*****************************************************************
FOR USE WI-IEN 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. .
_Personally Known
v1>roduced [dentification/lypc of I D.
SIc:1!1~~~ o~- ""11111111/1/11,,
C\_ X J n .' '!>o,''\ ~ Xand, "I.
Sworn to and subscribed before me Q:x.. "'^ A 1 ~~~ ~~.......:~s ~~
I. l'Uhd f ~ \ 0 ARY PUBLIC ~ "~v.\SSION;::L. ~
tlIS~ ayo J ~ ~ N T ~ "':CP~c\\lO.<tbi,;.. %
-l-9' ~ My Commission expires: ~ * : ~ ~ '" i:ft'~ ~
-. ...... :*=
~ z:, ~ #ODOll8948 : CO': f
~ /' -. .. r;;}.::;
~~'. ~~ttl'l~ ..~$'
~ r..o"71;,iJl.1rO$<>~."~~'
~/. (/8 ........ ax ~
, '//111 Vc sn;~t \\""
r=L () n v e, ....s {; C t.'/~;!1IU11\\"
~~~*k~kkkk~kkkk*~k~kk^*^kk^*^^^k**^**^**k^***~*^*^kk**^***^*.**^**
. .
FOR USE WHEN APPLICANT IS NOT THE OWNER OF SUBJECT PROPERTY
SIGNA TORE OF OWNER
Sworn to and subscribed before me
this_day of
19
NOTARY PUBLIC
My Commission expires:
_Personally Known
_Produced Identification/type ofLD.
Did take an oath Did not take an oath
ORDINANCE NO. 2002-26
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ANNEXING REAL
PROPERTY GENERALLY LOCATED AT THE EAST ~ OF
LOT 15, BLOCK B, D. R. MITCHELL'S SURVEY OF THE
LEVY GRANT, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA, AND LEGALLY AND
MORE FULLY DESCRIBED IN EXHmIT "A" HE:RETO;
PROVIDING FOR THE AMENDMENT OF WINTER
SPRINGS CHARTER, ARTICLE IT, BOUNDARIES TO
INCORPORA TE THE REAL PROPERTY INTO THE CITY
BOUNDARIES; PROVIDING FOR THE FILING OF THE
REVISED WINTER SPRINGS CHARTER WITH
APPROPRIATE AGENCIES UPON SAID APPROVAL;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
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 Statutes; 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
WHEREAS, this annexation is in compliance and consistent with the goals, policies and
objectives of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and
WHEREAS, upon effective date ofthis 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
City of Winter Springs
Ordinance No. 2002-26
Page 1 of 3
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 ofthe citizens of Winter
Springs, Florida.
NOW, THEREFORE, 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. 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
boundaries of the City of Winter Springs to include the area of real property described in Section I
of 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. The City Clerk shall
also file this Ordinance with the Clerk of the Circuit Court of Seminole County, the Chief
Administrator of Seminole County, and the Department of State within seven (7) days ofthe effective
date.
Section 3.
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.
City of Winter Springs
Ordinance No. 2002-26
Page 2 of 3
h',
Section 4.
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 of the 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 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
I
meeting assembled on the 25th day of November
L--==-
zo-Luaces, City Clerk
a to legal form and sufficiency for
inter Springs only:
Anthony A. Garganese, City Attorney
First Reading: August 26~ 2002
Second Reading: November 25, 2002
Effective Date: November 25, 2002
F:\Docs\City of Winter Springs\Code Enforcement\AnnexationOrdinanceN guyen. wpd
City of Winter Springs
Ordinance No. 2002-26
Page 3 of 3
0000
0110
w.
LEGAL DESCRIPTION:
Ro~rr}'~rl'Gi.~r
c.Un~K~'
1101 g. Find St.
SHn(oI'Cll;l. :'1771
40 7..MiS-7 506
.
Legend
Selected Fealures
Facilities
Golf Course
ParKs
. Parcels
Water
o
.
East Y2 of Lot 15 Block "B" of the D.R. Mitchell's Survey of the Levy Grant on Lake Jessup,
according to the Plat thereof as recorded in Plat Book 1, Page 5, of the Public Records of Seminole
County, Florida.
Begin at the Northeast Corner of Lot 15 Block "B" of the D.R. Mitchell's Survey of the Levy Grant
on Lake Jessup, according to the Plat thereof as recorded in Plat Book 1, Page 5, of the Public
Records of Seminole County, Florida. Thence run S 18012'37" W for 755'j: to a point on the
Northerly right of way line ofthe Seaboard Coastline Railroad. Thence run along said Northerly right
of way line N 73002'41" W for 131.6'j: to a point. Thence run N 00000'00" W for 789. 7'-;!:. to a point
on the Southerly right of way line of Orange Avenue. Thence run along said Southerly right of way
for 378.4'-;!:. to the Point of Beginning.
Containing 4.42-;!:..
EXHmIT "A"