HomeMy WebLinkAbout4508 Annex 1025 Sarita Street, Melinda a. MaguireOrdinance No. 2019-4508
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 01-20-
30-504-1100-13AO (generally addressed as 1025 Sarita Street) located
contiguous to the City of Sanford together with associated right-of-
way within the area of the annexed property 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:
Tax Identification Parcel Number Owner
01-20-30-504-1100-13A0
�l
Melinda A. Maguire
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 0.37 acre in size and is
generally addressed as 1025 Sarita Street and is located at the corner of Sarita Street
and Marshall Avenue.; and
Whereas, City staff and the Development Review Team (on April 16, 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 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,
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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.
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 right-of-way of Sarita Street,
Briarcliffe Street, Osceola Drive and Marshall Avenue to the extent such rights-of-way
are not currently located within the City Limits of the City, said property being situated in
Seminole County, Florida:
Lots 13A and 14, Block 11, plat of DREAMWOLD, according to the plat
thereof as recorded in Plat Book 4, Page 99, of the Public Records of
Seminole County, Florida. (See Exhibit "A" (map) which contains legal
descriptions of the property - Tax Identification Parcel Number 01-20-30-
504-1100-13A0).
, 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). City water is available for 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. 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 property owner is requesting
annexation to obtain utility services in order to connect to City water due to well failure.
(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.
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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.
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.
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Passed and adopted this loth day of June, 2019.
Attest., City Commission of the City of
Sanford, Florida �
A,�O(lj(NM,A'h& I CPO, re z
Traci Houchin, CIVIC, FCRM, City Clerk Jeff Triplett,
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 MEMORANDUM 19.129
JUNE 10, 2019 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Samuel Goodwin, Planning Technician
Traci Houchin, City Clerk, CMC, FCRM
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Annexation of 0.37 acre located at 1025 S ita Street
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
WS RM X
Item No.
A request by the property owner, Melinda Maguire, to voluntarily annex 0.37 acres located at 1025
Sarita Street, has been submitted.
F'ISCALISTAFFING STATEMENT:
According to the Property Appraiser's records, the subject property has a single-family residence
built in 1948 having 1,896 total square feet. Based on the 2018 property tax roll, the existing
property has an assessed value of $54,239. The total tax bill for the property in 2018 was $384.76.
If annexed, the property would be assessed the City's millage rate and generate an estimated $397
in ad valorem taxes. Under existing conditions, the municipal costs will be minimal, while tax
revenue would increase by $397. Upon, annexation, it is the applicant's intent to use the property
for residential purposes.
BACKGROUND:
The above referenced property is located on the south side of Sarita Street at the corner of Sarita
Street and Marshall Avenue.
Existing Use
Single -Family residential
Proposed Use
Residential
Parcel Number
01-20-30-504-1100-13A0
Parcel Size
0.37 Acres
Existing Future Land Use Designation (County)
LDR, Low Density Residential
Proposed Future Land Use Designation (City)
LDRSF, Low Density Residential Single Family
Existing Zoning (County)
RI -A, Single Family Residential
Proposed Zoning (City)
SR -IA, Single Family Residential
Upon annexation, the property will be in City Commission District 2.
The Development Review Team (DRT) reviewed the request for annexation on April 16, 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.
City water only is available to the above addressed property. Sewer is not available in this area.
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 to the extent that such utilities are not available.
The property owner Melinda Maguire is requesting annexation to obtain utility services in order
to hook up to City water due to well failure.
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.
The City Commission approved the first reading of Ordinance No. 4508 on May 13, 2019.
The City Clerk published notice of the 2" d Public Hearing in the Sanford Herald on June 2, 2019.
RECOMMENDATION:
It is staff s recommendation that the City Commission adopt Ordinance No. 4508, to annex 0.37
acres located at 1025 Sarita Street legally described into the City of Sanford.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4508."
Attachments: Ordinance No. 4508
Exhibit "A"