HomeMy WebLinkAbout4449 Annex 1850 Celery AveOrdinance No. 2018-4449
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 30-19-
31-526-0000-0150 generally addressed as 1850 Celery Avenue
located contiguous to the City of Sanford in accordance with the
voluntary annexation provisions of Section 171.044, Florida Statutes,
together with associated rights -of -ways; redefining the boundaries of
the City of Sanford to include said property; amending the
boundaries of the City in accordance with the voluntary annexation
provisions of Section 166.031, Florida Statutes; providing for
findings; providing for conditions; directing the City Clerk to record
the ordinance with the Clerk of the Circuit Court, with the Chief
Administrative Office of Seminole County and with the Department of
State; providing for legal description and a map and providing for the
incorporation of that exhibit; repealing all ordinances in conflict
herewith; providing for severability; providing for non -codification
and the taking of administrative actions and providing for an
effective date.
Whereas, McArthur Sholas and Belinda Sholas applied for annexation of
property into the City of Sanford; and
Whereas, the applicants are the fee simple title owners of all of said property
being described by Tax Identification Parcel Number as follows:
Tax Identification Parcel Number Owners
30-19-31-526-0000-0150 McArthur Sholas and Belinda Sholas
and
Whereas, the said applicants petitioned the City of Sanford, pursuant to
Section 171.044, Florida Statutes, for annexation of said property into the municipal
limits of the City of Sanford; and
Whereas, the subject property is approximately 17.35 acres in size and is
generally addressed as 1850 Celery Avenue; and
Whereas, the property located to the east of the subject property is located at
1800 Celery Avenue and was recently annexed into the City by Ordinance Number
4425; and
Whereas, the properties located at 1800 Celery Avenue and 1850 Celery
Avenue are intended to be developed as one subdivision which would yield a maximum
of 113 dwelling units as permitted under Planning Area 1; and
Whereas, City staff and the Development Review Team (on March 27, 2018)
have reviewed and recommended approval of the annexation of said property to the
City Commission of the City of Sanford and has accomplished all actions required under
the Code of Ordinances of the City of Sanford and State law; and
Whereas, the City Commission, upon the recommendation of City staff and
the City Attorney, has determined that all of the property which is proposed to be
annexed into the City of Sanford is within an unincorporated area of Seminole County,
is reasonably compact and contiguous to the corporate areas of the City of Sanford,
Florida and it is further determined that the annexation of said property will not result in
the creation of any illegal enclave (and, indeed, logically fills in the City Limits of the City
and is consistent with sound principles and practices relating to the delineating of
jurisdictional boundaries thereby furthering sound management in terms of the provision
of public facilities and services as well as sound land use planning), and it is further
determined that the property otherwise fully complies with the requirements of State law
and has, further, determined that associated rights-of-way should be annexed hereby;
and
Whereas, the City Commission hereby finds and determines that the
annexation of the subject property further reduces areas that could be deemed to be in
the nature of enclaves or pockets that are, together with the subject property, logically
and appropriately of a nature that should be incorporated into the City Limits of the City;
and
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions in accordance with the requirements and procedures mandated by State law
and made all findings that are necessary and appropriate under controlling State law;
and
Whereas, the City Commission of the City of Sanford, Florida hereby
determines that it is to the advantage of the City of Sanford and in the best interests of
the citizens of the City of Sanford to annex the aforedescribed property; and
Whereas, the provisions of Section 166.031(3), Florida Statutes, provide that
[a] municipality may, by ordinance and without referendum, redefine its boundaries to
include only those lands previously annexed and shall file said redefinition with the
Department of State pursuant to the provisions of subsection (2); and
Whereas, the provisions of Section 171.091, Florida Statutes, provide as
follows:
Recording. Any change in the municipal boundaries through annexation
or contraction shall revise the charter boundary article and shall be filed as
a revision of the charter with the Department of State within 30 days. A
copy of such revision must be submitted to the Office of Economic and
Demographic Research along with a statement specifying the population
census effect and the affected land area.
; and
Whereas, the map and the legal description attached hereto as Exhibit "A"
shows, describes, and depicts the property and associated rights -of -ways which are
hereby annexed into the City of Sanford said Exhibit being incorporated into the
substantive provisions of this Ordinance as if fully set forth herein verbatim.
Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida,
as follows:
Section 1. Legislative and Administrative Findings/Annexation of
Properties.
(a). The recitals set forth above in the "whereas clauses" are hereby adopted
as legislative findings of the City Commission of the City of Sanford.
(b). The property that is the subject of this Ordinance consists of the following
parcel of land assigned the Tax Identification Parcel Number as set forth above and
being specifically described as set forth below, together with all right-of-way of East 8th
Street North of the subject property and running Eastward toward right-of-way located
with the City and Celery Avenue right-of-way South of the subject property and running
Westward; all of said property being situated in Seminole County, Florida:
Lots 15, 16, 19 and 20 (Less West 65.8 feet of South 500 feet of Lot 19
and South 500 feet of Lot 20), PACE ACRES, according to the plat thereof
as recorded in Plat Book 3, Page 21, of the public records of Seminole
County, Florida. (See Exhibit "A").
, and all of said property and aforementioned rights-of-way are hereby annexed
into and are hereby made a part of the City of Sanford, Florida pursuant to the
provisions of Section 171.044, Florida Statutes.
(c). The property owners shall be responsible for all impact and
connection fees associated with obtaining utility services from the City to the
annexed property and to extend such utility services to the annexed property.
The property owners of the annexed property fully understand that they and their
transferees and assigns shall incur any and all of the costs of routing and
installing all utility services to the annexed property that may result and be
incurred as well as the obligation to pay any and all other applicable fees and
costs in any way relating to connection to, metering of, and provision of services
31. .i _e
by, the City's utility systems. City water, reclaimed water and sewer services are
not available to the property. The property owners shall be responsible for all
impact and connection fees associated with obtaining utility services from the
City and to extend such utility services to the property.
(d). Under the authority of Section 166.031 (3), Florida Statutes,
relating to city charter amendments, "[a] municipality may amend its charter
pursuant to this section notwithstanding any charter provisions to the contrary...
. . A municipality may, by ordinance and without referendum, redefine its
boundaries to include only those lands previously annexed and shall file said
redefinition with the Department of State ..." This Ordinance shall amend the
boundaries of the City to include the property annexed in this Ordinance and all
previously annexed properties.
Section 2. Effect of Annexation. Upon this Ordinance becoming
effective, the property owners of the said property shall be entitled to all the rights
and privileges and immunities as are from time -to -time granted to property
owners of the City of Sanford, Florida as further provided in Chapter 171, Florida
Statutes, and shall further be subject to the responsibilities of ownership as may
from time -to -time be determined by the governing authority of the City of Sanford,
Florida and the provisions of said Chapter 171, Florida Statutes.
Section 3. Administrative Actions.
(a). Within 7 days of the adoption of this Ordinance, the City Clerk shall
file a copy of said Ordinance with the Clerk of the Court (Land
Records/Recording), with the Chief Administrative Officer of Seminole County
(the County Manager), with the Florida Department of State, and with such other
agencies and entities as may be required by law or otherwise desirable.
(b). The City Manager, or designees within City management staff, shall
ensure that the property annexed by this Ordinance is incorporated into the City
of Sanford Comprehensive Plan and the Official Zoning Map of the City of
Sanford in an expeditious manner and, in accordance with, and pursuant to, the
provisions of Under the authority of Section 166.031 (3), Florida Statutes, the
City Manager, or designees, shall amend the boundaries of the City to include
the property annexed in this Ordinance and all previously annexed properties in
all maps and geographical data relating to the City Limits said properties to
include, but not be limited to, annexed rights-of-way and natural features.
Section 4. Conflicts. All ordinances or part of ordinances in conflict
with this Ordinance are hereby repealed.
Section 5. Severability. If any section, sentence, phrase, word,
or portion of this Ordinance is determined to be invalid, unlawful or
unconstitutional, said determination shall not be held to invalidate or impair the
validity, force or effect of any other section, sentence, phrase, word, or portion of
this Ordinance not otherwise to be invalid, unlawful, or unconstitutional.
Section 6. Codification. The provisions of this Ordinance shall
not be codified, but the annexed property shall be incorporated and included in
all appropriate maps of the City Limits of the City of Sanford by the City Manager,
or designee(s), and the City Manager, or designee(s), is/are hereby directed to
take any and all appropriate actions relative to the land use planning documents
of the City pertaining to the property annexed pursuant to this Ordinance. Also,
all maps of the City shall be modified to address this annexation and all previous
annexations.
Section 7. Effective Date. This Ordinance shall take effect
immediately upon passage and adoption.
Passed and adopted this 14th day of May, 2018.
Attest:
01A Old'-ILLAIJUDI
Traci Houchin, City Clerk, CMC, FCRIM
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
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rWilliam L. Colbert, City Attorney
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City Commission of the City of
Sanford, Florida
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CITY COMMISSION MEMORANDUM
MAY 14,2018
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Jordan Smith, AICP, PP, Senior PlannetF4
SUBMITTED BY: Norton N. Bonaparte, Jr., City Managei
SUBJECT: Annexation of 17.35 acres located at 1850 ry Avenue; Owners:
McArthur and Belinda Sholas
STRATEGIC PRIORITIES: ,p'F
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request by the property owners, McArthur and Belinda Sholas, to voluntarily annex 17.35 acres
with a project address of 1850 Celery Avenue has been submitted.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject property is vacant. Based on the 2017
property tax roll of Seminole County, the 17.35 acre parcel has an assessed value of $242,250. The
total tax bill for the parcel in 2017 was $3,534.94. If annexed, the property would be assessed the
City's millage rate (7.325) and generate an estimated $1,774 in additional ad valorem revenue to
the City.
The property is within Planning Area 1 of the 2015 Seminole County/City of Sanford Joint
Planning Area. The subject property is located west of line described as the eastern 3/4 line of
Sections 29 and 32, Township 19, Range 31 and shall not exceed four (4) dwelling units per net
buildable acre. The maximum number of dwelling units permitted under Planning Area 1 is 69
dwelling units.
The property to the east located at 1800 Celery Avenue was recently annexed into the City by
Ordinance 4425. It is proposed to develop 1800 Celery Avenue and 1850 Celery Avenue both one
subdivision which would yield a maximum of 113 dwelling units as permitted under Planning
Area 1.
The owners are requesting annexation to obtain utility services in order to develop the property as
a residential subdivision.
BACKGROUND:
The above referenced property is located in unincorporated Seminole County on the north side of
Celery Avenue approximately 390 feet east of Scott Avenue.
Existing Use
Agricultural - Vacant
Proposed Use
Residential
Parcel Numbers
30-19-31-526-0000-0150
Parcel Size
17.35 Acres
Existing Future Land Use Designation (County)
SE, Suburban Estates
Proposed Future Land Use Designation (City)
SE, Suburban Estates
Existing Zoning (County)
A-1, Agricultural
Proposed Zoning (City)
AG, Agriculture
Upon annexation, the property will be in City Commission District 1.
The Development Review Team (DRT) reviewed the request for annexation on March 27, 2018
and found the request to meet the criteria set forth in Section 171.044, Florida Statutes, relating to
voluntary annexations. The property boundaries are contiguous to the City's boundary and are
reasonably compact. The property does not result in the creation of an illegal enclave. In addition,
the annexation of the property further reduces areas that could be deemed to be in the nature of
enclaves or pockets.
There are no utilities to this parcel. The developer would be required to extend water and gravity
sewer to this parcel for services.
The City Commission approved the first reading of Ordinance No. 4449 on April 23, 2018.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on May 6, 2018.
LEGAL REVIEW:
The City Attorney has reviewed and determined that the annexation, as implemented, would
comply with controlling State law and has prepared the proposed Ordinance.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4449, to annex 17.35
acres bearing the project address 1850 Celery Avenue as legally described into the City of Sanford.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4449."
Attachments: Ordinance No. 4449
Exhibit "A"