HomeMy WebLinkAbout4476 Annex 1705 Brisson Ave. Manases Bernalfur
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN#2018115763 Bk:9227 Page: 1130-1139
REC: 10/09/2018 2:41:39 PM by hdevore
RECORDING FEES $86.50
Ordinance No. 2018-441b
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 32-19-
31-300-0120-0000 generally addressed as 1705 Brisson Avenue)
located contiguous to the City of Sanford in accordance with the
voluntary annexation provisions of Section 171.044, Florida Statutes;
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, Manases Bernal 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 .03 acre in size and is
generally addressed as 1705 Brisson Avenue; and
Whereas, the property to the east of the subject property was annexed into the
City on December 11, 2000 and will be combined with the subject property for
residential development; and
Whereas, the applicant is the fee simple title owner of all of said property
being described by Tax Identification Parcel Numbers as follows:
Tax Identification Parcel Number Owner
32-19-31-300-0120-0000
; and
Manases Bernal
Whereas, City staff and the Development Review Team (on August 21, 2018)
have reviewed and recommended approval of the annexation of said property to the
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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 subject property is located on is located within Sub Area 1 of
the of the 2015 Sanford/Seminole County Joint Planning Agreement. (JPA) and
numerous planning and development objectives are stated in the JPA and, in the JPA,
a. line described as the eastern 3/ line of Sections 29 and 32, Township 19, Range 31
(the western boundary line of the University of Florida Agricultural Experimental
Stations) establishes a dividing line for residential density within Sub Area 1; and
Whereas, land east of the aforementioned line shall not exceed two and a half
(2.5) dwelling units per net buildable acre, but a maximum of three and a half (3.5)
dwelling units per net buildable acre shall be allowed in a clustering pattern with
additional conditions; and
Whereas, land west of said line, density shall not exceed four (4) dwelling
units per net buildable acre and the subject property is located west of said line; 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 relative to
annexation; 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:
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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.
M
Whereas, the map and the legal description attached hereto as Exhibit "A"
shows, describes and depicts the property which is 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 set forth above and being
specifically described as set forth below said property being situated in Seminole
County, Florida:
(See Exhibit "A & B" (map) which contains a legal description of the
property).
, and all of said property is 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). Only water utility service is available to the subject property. The City has
no sewer utility services available at the subject property. A septic permit from the
Seminole County Health Department would be needed for sewer service. 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 he and his 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,
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metering of, and provision of services by, the City's utility systems. The property owner
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 to the extent
that such utilities are not available. The property owner is requesting annexation for
future development of the property for residential purposes which would require a
rezoning action and Future Land Use/ Comprehensive Plan amendment. Future
development shall 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.
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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 8th day of October, 2018.
Attest:
Traci Houchin, City Clerk
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
William L. Colbert, City Attorney
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City Commission
Sanford, Florida
City of
A PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 19 SOUTH, RANGE 31 EAST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTH 1/4 CORNER OF SECTION 32, TOWNSHIP 19 SOUTH, RANGE 31
EAST, THENCE RUN NORTH 00 DEGREES, 01'13" EAST ALONG THE WEST LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 2640.34 FEET TO A RECOVERED
RAILROAD SPIKE WHICH IS THE APPARENT CENTER OF SECTION AS ACCEPTED BY PRIOR LOCAL
SURVEYORS, HELD FOR SECTION BREAKDOWN, THENCE RUN NORTH 00 DEGREES 11'54" EAST A
DISTANCE OF 1323.20 FEET TO THE NORTHWEST CORNER OF THE NORTH 1/2 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 19 SOUTH, RANGE 31
EAST, THENCE RUN 89 DEGREES 41'42" EAST ALONG THE NORTH LINE OF THE NORTH 1/2 OF
THE SOUTHWEST % OF THE NORTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 190.00 FEET,
THENCE RUN SOUTH 00 DEGREES 11'54" WEST A DISTANCE OF 25.00 FEET TO A POINT ON THE
SOUTH RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD, THENCE CONTINUE
SOUTH 00 DEGREES 11'54" WEST A DISTANCE OF 137.16 FEET TO THE POINT OF BEGINNING OF
THIS DESCRIPTION, THENCE RUN SOUTH 89 DEGREES 41'37" EAST A DISTANCE 21.26 FEET;
THENCE RUN SOUTH 00 DEGREES 11'54" WEST A DISTANCE OF 69.54 FEET; THENCE RUN
NORTH 89 DEGREES 41'37" WEST A DISTANCE OF 21.26 FEET, THENCE RUN NORTH 00
DEGREES 11'54" EAST, A DISTANCE OF 69.34 FEET TO THE POINT OF BEGINNING.
WS RM
CITY OF Item No.'r .'n
Ski4ruRD
FLORIDA
CITY COMMISSION MEMORANDUM 18.223
OCTOBER 8, 2018 AGENDA ell
TO: Honorable Mayor and Members -6f the City Commission
PREPARED BY: Jordan Smith, AICP, PP, Se 'or Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., Manager
anager
SUBJECT: Annexation of 0.03 acre located at 1705 Brisson Avenue; Owner: Manases
Bernal
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request by the property owner, Manases Bernal, to voluntarily annex 0.03 acre located at 1705
Brisson 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, the existing property has an assessed value of $100. The total tax bill for the
property in 2017 was $1.47. If annexed, the property would be assessed the City's millage rate and
generate an estimated $0.73 in ad valorem taxes. Under existing conditions the municipal costs
will be minimal, while tax revenue would increase by $0.73 however, upon annexation it is the
applicant's intent to develop a single family subdivision which will have -an impact on public
facilities and services.
The proposed project is located within Sub Area 1 of the 2015 Joint Planning Agreement. A line
described as the eastern 3/4 line of Sections 29 and 32, Township 19, Range 31 (the western
boundary line of the University of Florida Agricultural Experimental Stations, and shown on
Exhibit "D" as the dashed line in the JPA) establishes a dividing line for residential density within
Sub Area 1. Land east of the line shall not exceed two and a half (2.5) dwelling units per net
buildable acre. However, a maximum of three and a half (3.5) dwelling units per net buildable acre
shall be allowed in a clustering pattern with additional conditions. For lands west of said line,
density shall not exceed four (4) dwelling units per net buildable acre. The property at 1705 Brisson
Avenue is located west of said line.
The property to the east was annexed into the City of Sanford on December 11, 2000 and will be
combined with the subject property for residential development.
Upon, annexation, it is the applicant's intent to use the property for single family residential
purposes.
BACKGROUND:
The above referenced property is located in unincorporated Seminole County on the east side of
Brisson Avenue and is approximately 177 feet east of Brisson Avenue.
Existing Use
Vacant
Proposed Use
Residential
Parcel Number
32-19-31-300-0120-0000
Parcel Size
0.03 Acre
Existing Future Land Use Designation (County)
LDR, Low Density Residential
Proposed Future Land Use Designation (City)
LDR-SF, Low Density Residential — Single
Family
Existing Zoning (County)
R -AH, Affordable Housing
Proposed Zoning (City)
SR -1, Single Family Residential
Upon annexation, the property will be in City Commission District 1.
The Development Review Team (DRT) reviewed the request for annexation on August 21, 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.
Only water service is available. The City has no sewer services available. A septic permit from the
Seminole County Health Department would be needed for sewer service.
The property owner, Manases Bernal, is requesting annexation to obtain utility services in order
to develop both properties. Per the 2015 Seminole County/City of Sanford Joint Planning
Agreement the maximum allowed would be a maximum of 4 dwelling units.
The City Commission approved the first reading of Ordinance No. 4476, to annex 0.03 acres
located at 1705 Brisson Avenue on September 10, 2018. A publishing error occurred in the Sanford
Herald prior to 1St reading. The City Clerk published notice of the 2nd Public Hearing in the Sanford
Herald on September 16, 2018 and the City Commission approved the second reading on
September 24, 2018. However, due to a publishing error that occurred in the Sanford Herald prior
to 1St reading this item is being brought back to the City Commission for a 3rd and final reading.
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. Due to an advertising
error, adoption of Ordinance will be scheduled for October 8, 2018 which hearing will be the third
reading of the Ordinance at which meeting the Ordinance may be enacted.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4476, to annex 0.03
acres bearing the address 1705 Brisson Avenue as legally described into the City of Sanford.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4476."
Attachments: Ordinance No. 4476
Exhibit "A"
Exhibit `B"