HomeMy WebLinkAbout4492 Annex 131 Cotten Court Jimmy RampersaudOrdinance No. 2019-4492
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 33-20-
30-5AF-0000-0220 generally addressed as 131 Cotten Court) 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, the following is the fee simple title owner of the real property being
described by the Tax Identification Parcel Number as follows:
Tax Identification Parcel Number Owner
33-20-30-5AF-0000-0220
EM
Jimmy Rampersaud
Whereas, above stated property owner applied for annexation of property into
the municipal limits of the City of Sanford pursuant to Section 171.044, Florida Statutes;
and
Whereas, the subject property is approximately 1.97 acres in size and is
generally addressed as 131 Cotten Court; and
Whereas, City staff and the Development Review Team (on January 28,
2019) 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 subject property is not located within a Planning Sub Area of
the of the 2015 Sanford/Seminole County Joint Planning Agreement; 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
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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:
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 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:
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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
parcels of land assigned the Tax Identification Parcel Number set forth above and being
specifically described as set forth below, _ together with all Central Florida
Greeneway/State Road 417 right-of-way running from Upsala Road Westward to the
Westward limits of Interstate Highway 4 right-of-way, said property being situated in
Seminole County, Florida:
(See Exhibit "A" (map) which contains legal descriptions 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). Water and sanitary sewer utility services are available to the subject
property. The property owner shall be responsible for all impact and connection fees
associated with obtaining utility services from the City to the annexed property. 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 the property owner and
the transferees and assigns of the property owner 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 by, the City's
utility systems. Future development shall meet all utility code requirements for a lift
station with the ability to accept future use without modifications. The intended future
use of the property by the property owner is for development of the subject property as
3 single family homes.
(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.
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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.
A
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.
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Section 7. Effective Date. This Ordinance shall take effect immediately
upon passage and adoption.
Passed and adopted this 25th day of February, 2019.
Attest.
IM dh 1,C)IIA 0100REM,
Traci Houchin, CMC, FCRM, City Clerk
City Commissioof the City of
Sanford, Florida
For use and reliance of the Sanford �k
City Commission only.
Approved as to form and legality. ' >
QST. ��'�
William L. Colbert, City Attorney
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Item No. 9
CITY COMMISSION MEMORANDUM 19.046
FEBRUARY 25, 2019 AGENDA
TO: Honorable Mayor and Members of the City Co ission
PREPARED BY: Jordan Smith, AICP, PP, Senior Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Annexation of 1.97 acres with a project a dress at 131 Cotten Court;
Owner: Jimmy Rampersaud
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, Jimmy Rampersaud to voluntarily annex 1.97 acres located at
131 Cotten Court has been received. The applicant is proposing three single family homes.
FISCALISTAFFING STATEMENT:
According to the Property Appraiser's records the subject property is vacant. Based on the 2018
property tax roll of Seminole County, the subject parcel has a total assessed value of $41,260. The
total tax bill for the subject parcel in 2018 was $590. If annexed, the property would be assessed
the City's millage rate and generate an estimated $302 in ad valorem taxes. Under existing
conditions the municipal costs will be minimal, while tax revenue would increase by $302,
however, upon annexation it is the applicant's intent to develop 3 single family structures which
will have an impact on public facilities and services.
BACKGROUND:
The above referenced property is located in unincorporated Seminole County and is south of State
Road 417 and is on the south side of Cotten Court, approximately 657 feet east of Upsala Road.
Existing Use
Vacant Residential
Proposed Use
Three Single Family Residential Structures
Parcel Number
33-19-30-5AF-0000-0220
Parcel Size
1.97 Acres
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)
Rl-AAAA, Single Family Dwelling
[—Proposed Zoning (City)
SRI -AA, Single Family Residential
Upon annexation, the property will be in City Commission District 4.
The Development Review Team (DRT) reviewed the request for annexation on January 28, 2019
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 no sewer available. Septic systems will be require through Seminole County. Water can
be provided from Upsala Road at a cost to customer. Developer is required to install all utility lines
per the utility manual requirements at their cost.
The property is not within a Planning Sub Area of the 2015 Seminole County/City of Sanford Joint
Planning Area.
The City Commission approved the first reading of Ordinance No. 4492 on February 11, 2019.
LEGAL, REYIEw:
The City Attorney has reviewed and determined that the annexation, as implemented, would
comply with controlling State law and has prepared the proposed Ordinance. The City Attorney
has also consistently advised that the City should consider that agreements, such as pre -annexation
agreements, should be considered by the City when the City desires that certain development
parameters be in effect upon the property being annexed into the City. Otherwise, the provisions
of Section 171.062(2), Florida Statutes, relating to the effects of annexations will apply which
provision states as follows:
If the area annexed was subject to a county land use plan and county zoning or
subdivision regulations, these regulations remain in full force and effect until
the municipality adopts a comprehensive plan amendment that includes the
annexed area.
Thus, in order for the City to control development parameters pertaining to property to be annexed,
binding agreements must be in place prior to the property being annexed.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4492, to annex 1.97
acres bearing the address 131 Cotten Court as legally described into the City of Sanford.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4492."
Attachments: Ordinance No. 4492
Exhibit "A"