HomeMy WebLinkAbout4448 Annex 2655 Pine WayOrdinance No. 2018-4448
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Numbers 17-
20-31-300-0046-0000, 17-20-31-300-004C-0000, 17-20-31-300-004D-
0000, 17-20-31-300-004E-0000, 17-20-31-300-004K-0000 and 17-20-31-
300-004N-0000 generally addressed as 2655 Pine Way 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, William L. Colbert applied for annexation of property into the City of
Sanford and is hereby determined to be the fee simple title owner of the real property
described below; and
Whereas, the said applicant 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 22.16 acres in size and is
generally addressed as 2655 Pine Way; and
Whereas, the subject property is located on the south side of Pine Way and
approximately 175 feet east of Brisson Avenue; and
Whereas, the applicant is the fee simple title owner of all of said property
being described by Tax Identification Parcel Number as follows:
Tax Identification Parcel Number Owner
17-20-31-300-0046-0000 (Parcel 1)
William L. Colbert
17-20-31-300-004C-0000 (Parcel 2)
William L. Colbert
17-20-31-300-004D-0000 (Parcel 3)
William L. Colbert
17-20-31-300-004E-0000 (Parcel 4)
William L. Colbert
17-20-31-300-004K-0000 (Parcel 5)
William L. Colbert
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17-20-31-300-004N-0000 (Parcel 6) William L. Colbert
; and
Whereas, upon annexation, it is the intent of the property owner to obtain
utility services in order to develop the property for future use; and
Whereas, City staff and the Development Review Team (on April 3, 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 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 of the City of Sanford, Florida has taken all
actions in accordance with the requirements and procedures mandated by 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
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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, all of said property being situated in
Seminole County, Florida:
Parcel Number Acreage
17-20-31-300-00413-0000 (Parcel 1)
2.91
17-20-31-300-004C-0000 (Parcel 2)
3.01
17-20-31-300-004D-0000 (Parcel 3)
7.95
17-20-31-300-004E-0000 (Parcel 4)
2.50
17-20-31-300-004K-0000 (Parcel 5)
1.40
17-20-31-300-004N-0000 (Parcel 6)
4.39
Seminole County, Florida. (See Exhibit "A").
together with the right-of-way of Pine Way running West to its terminus, 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 owner 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 to
the extent that such utilities are not available. The property owner of the annexed
property fully understands that they and its 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
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all other applicable fees and costs in any way relating to connection to, metering
of, and provision of services by, the City's utility systems. There is water or
gravity sewer on Pine Way at this time, but the property owner will be required to
extend water and gravity sewer to the properties in accordance with all City the
standards. Future development shall, further, without limiting the generality of the
provisions herein, meet all utility code requirements for a lift station with the
ability to accept future use without modifications.
(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 owner 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.
4 1 P a g e
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. City Commissin of the City of
Sanford, Flqridt
Traci Houchin, City Clerk, CIVIC, FC
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
1112!!-A
51 Page
, Mayor
EXHIBIT "A"
a
3
ANNEXATION
REQUEST
*
L
Q
n
PROPERTY I.D.#
PROPERTY OWNER
PROPERTY ADDRESS
PROPERTY ZONING
ACRES
C06NTYI
CITY
1
17-20-31-300-00413-0000
WILLIAM L. COLBERT
VACANT PINE WAY
Al
AG
2.91
2
17-20-31-300-004C-0000
WILLIAM L. COLBERT
VACANT PINE WAY
Al
AG
3.01
3
17-20-31-300-004D-0000
WILLIAM L. COLBERT
VACANT PINE WAY
Al
AG
7.95
4
17-20-31-300-004E-0000
WILLIAM L. COLBERT
VACANT PINE WAY
Al
AG
2.50
5
17-20-31-300-004K-0000
WILLIAM L. COLBERT
2655 PINE WAY
Al
AG
1.40
6
17-20-31-300-004N-0000
WILLIAM L. COLBERT
VACANT PINE WAY
Al
AG
4.39
4,�r,FORfj
CITY COMMISSION MEMORANDUM 18-100
MAY 14, 2018
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Jordan Smith, AICP, PP, Senior Planne
SUBMITTED BY: Norton N. Bonaparte, Jr., City Managerlo�
SUBJECT: Annexation of 22.16 acres located at
Colbert
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
WSRM v
Item No.117 t
5 P e Way; Owner: William L.
The property owner, William L. Colbert has submitted a request to voluntarily annex 22.16 acres
located at 2655 Pine Way.
FISCAL /STAFFING STATEMENT:
According to the Property Appraiser's records, five out of the six properties are agricultural land
with no structures. One parcel has a 2,726 square foot single family structure built in 1981. Based
on the 2017 property tax roll of Seminole County, the acreage for the six parcel total 22.16 acres
and has a combined total assessed value of $207,586. The total tax bill for the six parcel in 2017
was $2,028.04. If annexed, the property would be assessed the City's millage rate (7.325) and
generate an estimated $1,521 in additional ad valorem revenue to the City.
The property is within Planning Area 5 of the 2015 Seminole County/City of Sanford Joint
Planning Area. New residential development in Planning Area 5 is restricted to one (1) dwelling
unit per acre or less. The maximum number of residential dwelling units permitted for the subject
property is 22.
Under existing conditions the municipal costs will be minimal, while tax revenue would increase
by $1,521, however, upon annexation it is the applicant's intent to continue the single family
residential use which will have minimal impact on public facilities and services.
BACKGROUND:
The above referenced properties are located in unincorporated Seminole County on the south side
of Pine Way and approximately 175 feet east of Brisson Avenue.
Existing Use
Vacant Agricultural and Single Family
Residential
Proposed Use
Residential
Parcel Number
17-20-31-300-00413-0000 (Parcel 1)
17-20-31-300-004C-0000 (Parcel 2)
17-20-31-300-004D-0000 (Parcel 3)
17-20-31-300-004E-0000 (Parcel 4)
17-20-31-300-004K-0000 (Parcel 5
17-20-31-300-004N-0000 (Parcel 6)
Parcel Size
22.16 Acres
Existing Future Land Use Designation (County)
SE, Suburban Estates (Parcel 1, 2, 3, 4, 5 & 6)
Proposed Future Land Use Designation (City)
SE, Suburban Estates (Parcel 1, 2, 3, 4, 5 & 6)
Existing Zoning (County)
A-1, Agricultural
Proposed Zoning (City)
AG, Agricultural
Upon annexation, the property will be in City Commission District 1.
The Development Review Team (DRT) reviewed the request for annexation on April 3, 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 proposed annexation does not create a new enclave.
There is water and gravity sewer on Pine Way at this time. The developer will need to extend water
and gravity sewer to the properties per the utility manual standards.
The property owner, William L. Colbert, is requesting annexation to obtain utility services in order
to develop the property for future use.
The City Commission approved the first reading of Ordinance No. 4448 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. 4448, to annex 22.16
acres bearing the address 2655 Pine Way as legally described into the City of Sanford.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4448."
Attachments: Ordinance No. 4448
Exhibit "A"