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HomeMy WebLinkAbout4558 Annex 3.83 acres - 3109 Ohio AvenueOrdinance No. 2020-4558 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Number 08-20- 31-0050-0050-0000 which is generally addressed as 3109 Ohio Avenue) located contiguous to the City of Sanford together with associated right-of-way and lake bottom 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 owners of the real property being described by the Tax Identification Parcel Number: Tax Identification Parcel Number Owners 08-20-31-0050-0050-0000 John A. Casavant and Catherine S. Casavant. ; and Whereas, above stated property owners 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 3.83 acres in size and is generally addressed as 3109 Ohio Avenue and is located on the east side of Ohio Avenue and approximately 303 feet south of East Onora Street and 1,687 feet north of Marquette Avenue fronting on Golden Lake; and Whereas, the subject property is located within Sub -Area 6 of the 2015 Sanford/Seminole County Joint Planning Agreement (JPA) with the JPA providing that no further medium density residential or industrial future land use designation shall be approved within this area, but target industry development consistent with the SeminoleWay initiative may be considered if compatible with nearby single-family development; and Whereas, further, the JPA provides that heights of multi -family buildings on property with an existing medium density future land use designation must be compatible with single-family units in the area, that the County and City shall ensure that a parcel zoned for single family use is protected from adjacent multi -family development by a setback of at least 50 feet for one story buildings and at least 100 feet for buildings of 2 or more stories and that a single story multi -family development shall also install a buffer of 25 feet in width and a 2 or more story multi -family development shall install a buffer of at least 50 feet in width; and Whereas, the intent of the property owners is to develop one single family structure which will have an impact on public facilities and services; and Whereas, City staff 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 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: 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 below, together with all right-of-way of Ohio Avenue running South of the intersection with East Onora Street to through the intersection with Marquette Avenue, together with the lake bottom of Golden Lake to the East and South of the subject property north of Recreation Point, to the extent such rights-of-way and lake bottom are not currently located within the City Limits of the City, said property being situated in Seminole County, Florida: The South 150 feet of the North 912 feet of the Northwest 1/4 of the Northwest 1/4, East of Ohio Avenue, Section 8, Township 20 South, Range 31 East, Seminole County, Florida. (See Exhibit "A" (map). Tax Identification Parcel Number 08-20-31-0050-0050-0000). , 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). The property owners shall be responsible for all impact and connection fees associated with obtaining utility services from the City to serve the annexed property. The property owners of the annexed property fully understand that the property owners and the transferees and assigns of the property owners shall incur any 31, aye and all of the costs of routing, extending, connecting 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 and system requirements. Upon annexation, it is the property owners' intent to construct a single family residential structure on the vacant parcel. Water and sewer services are not currently available. (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 10th day of August, 2020. Attest: Traci Houchin, MMC, FCRM, City Clerk For use and reliance of the Sanford City Commission only. Approve as to form and leg ity 'Mm iam L. Colbert, City Atf6mey I'Du J1 1�;- d') • 6-h so-� f�)� A- City Commission of the City of Sanford, Flo day Y r 51 Page EXHIBIT "A" LEGAL DESCRIPTION: ------------ Section 08 Township 20S Range 31E S 150 Ft of N 912 Ft of NW 1/4 of NW 1/4 E of Ohio Avenue -------------------- ww ., ��= ------------------- ------------ --------------------- ----------- ---------- --- ------- - -- — ---------- --- --------- ---- ........... ...... .. Onora ....... ... ...... ...... ..................... EQUEST ...... ....... ......... .................... .. .... ..... ....... ........................ ....... j............. .......... .................... .................... Silver Lake .. . .. ..................................... ............ . . ........... .. .............. ............. .............. ........... ...... . ................. ............... ...................... M777 ... ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PROPERTY I.D.# I PROPERTY OWNER 08-20-31-300-0050-00001 JOHN A.& CATHERINE S.CASAVANT PROPERTY ADDRESS 3109 OHIO AVE PROPERTY ZONING ACRES COUNTY CITY A-1 AG 3.83 ��;tFUliDCITY OFSkNFORD "r gar:FLORIDA CITY COMMISSION MEMORANDUM 20. 13 AUGUST to, 2020 AGENDA cl�l TO: Honorable Mayor and Members of the City Commission PREPARED BY: Jordan Smith, AICP, PP, Senior Planner WS RM Item No. er A SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Annexation of 3.83 acres with a project address of 3109 Ohio Avenue; Owners: John A. Casavant and Catherine S. Casavant 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 owners, John A. Casavant and Catherine S. Casavant to voluntarily annex 3.83 acres located at 3109 Ohio Avenue has been received. The applicant is proposing one single family home. FISCALISTAFFING STATEMENT: According to the Property Appraiser's records the subject property is vacant. Based on the 2019 property tax roll of Seminole County, the subject parcel has a total assessed value of $99,174. The total tax bill for the subject parcel in 2019 was $1,126.63. If annexed, the property would be assessed the City's millage rate and generate an estimated $726 in ad valorem taxes. Under existing conditions the municipal costs will be minimal, while tax revenue would increase by $726, however, upon annexation it is the applicant's intent to develop one single family structure which will have an impact on public facilities and services. BACKGROUND: The above referenced property is located in unincorporated Seminole County and is on the east side of Ohio Avenue and approximately 303 feet south of Onora Street and 1,687 feet north of Marquette Avenue. The subject parcel also fronts Golden Lake. Existing Use Orchard/Groves/Citrus Proposed Use Single Family Structure Parcel Number 08-20-31-0050-0050-0000 Parcel Size 3.83 Acres Existing Future Land Use Designation (County) SE, Suburban Estate Proposed Future Land Use Designation (City) SE, Suburban Estate Existing Zoning (Count) A-1, Agriculture Proposed Zoning (Cit) I A-1, Agriculture Upon annexation, the property will be in City Commission District 1. Staff has reviewed the request for annexation 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 required through Seminole County. Water can be provided from Ohio Avenue at a cost to the customer. The developer is required to install all utility lines per the utility manual requirements at their cost. The proposed project is located within Sub -Area 6 of the 2015 Sanford/Seminole County Joint Planning Agreement. No further medium density residential or industrial future land use designation shall be approved within this area. However, target industry development consistent with the Seminole Way initiative may be considered if compatible with nearby single-family development. Heights of multi -family buildings on property with an existing medium density future land use designation must be compatible with single-family units in the area. The County and City shall ensure that a parcel zoned for single family use is protected from adjacent multi- family development by a setback of at least fifty (50) feet for one story buildings and at least one hundred (100) feet for buildings of two or more stories. A one story multi -family development shall also install a buffer of twenty-five (25) feet in width and a two or more story multi -family development shall install a buffer of at least fifty (50) feet in width. LEGAL REVIEW: The City Attorney has reviewed and determined that the annexation, as implemented, would comply with controlling State law and has prepared the Ordinance. The City Attorney has also 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. The City Commission approved the first reading of Ordinance No. 4558 on July 27, 2020. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on August 2, 2020. RECOMMENDATION: It is staff's recommendation that the City Commission adopt Ordinance No. 4558. SUGGESTED MOTION: "I move to adopt Ordinance No. 4558." Attachments: Ordinance No. 4558 Exhibit "A"