HomeMy WebLinkAbout4610 Annexation of 0.46 acres - 1838 Roseberry LaneOrdinance No. 2021-4610
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel 32-19-31-502-
0000-0430 which is generally addressed as 1838 Roseberry Lane
located contiguous to the City of Sanford together with associated
rights-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 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 are the fee simple title owner of the real property
being assigned the following Tax Identification Parcel Numbers by the Seminole County
Property Appraiser with the lower number Tax Parcel Identification Number having been
split into 2 Tax Parcels after the advertisement of this Ordinance, but with the land being
annexed unchanged as to the amount and scope of the land involved and with regard to
the conditions of annexation:
Tax Identification Parcel Numbers Owner
32-19-31-502-0000-0430 EIVIAGA LLC
32-19-31-502-0000-0440 EMAGA LLC
and
Whereas, the City was advised by the Seminole Property Appraiser's office of
the division of the said original Tax Parcel into 2 separate Tax Parcels on June 11,
2021; and
Whereas, the sole manager of the property owner who is processing the
annexation is David R. Carls; and
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
GRANT MALOY, SEMINOLE COUNTY 11 P a g e
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2021087714 Bk:9976 Page:324-331(8Pgs)
REC: 07/01/2021 1:02:08 PM byjeckenroth
RECORDING FEES $69.50
Whereas, the subject property is approximately 0.46 acre in size (in the
aggregate) and is generally addressed as 1838 Roseberry Lane and is located in
unincorporated Seminole on the northwest corner of Roseberry Lane and 3rd Drive; and
Whereas, according to the Seminole County Web site, Roseland Park,
addressed at 1898 Roseberry Lane, is "a neighborhood park in the celery area of
Sanford" which "offers a basketball court, playground, and a pavilion with BBQ grills";
and
Whereas, the subject property not located with a sub -area of the 2015
Seminole County/City of Sanford Joint Planning Agreement; 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 it being specifically found and determined that the property being annexed
does not leave any real property in unincorporated Seminole County totally enclosed
within the City Limits of the City; 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.
me:
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
Property.
(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 Numbers set forth above and
below, together with all rights-of-way of 1$t Drive, 2nd Drive and 3rd Drive running
eastward from Burrows Lane to Roseberry Lane, all rights-of-way of Roseberry Lane,
and all rights-of-way of Burrows Lane 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:
In Section 32, Township 19 South, Range 31 East: Lots 43, 44 and 45,
ROSELAND PARK, according to the plat of the subdivision as recorded at Plat
Book 7, Page 51 of the Public Records of Seminole County, Florida. (See Exhibit
"A" (map). Tax Identification Parcel Numbers 32-19-31-502-0000-0430 and 32-
19-31-502-0000-0440).
, 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 owner shall be responsible for all impact and connection fees
associated with obtaining utility services from the City to serve the annexed property.
The property owner of the annexed property fully understands that the property owner
31 Page
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. Upon
annexation, it is the property owner's intent to construct a single-family residential
structure on the annexed property.
(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.
(e). The City Commission hereby finds and determines that the lower number
Tax Parcel Identification Number having been split into 2 Tax Parcels after the
advertisement of this Ordinance has had no material effect on the processing, notice or
enactment of the annexation upon which action was taken herein.
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. The City has not waived any rights or remedies
by taken the action set forth herein or by approving any successive development orders
and reserves any and all rights and remedies available to the City under controlling law
including, but not limited to, the protections under the laws pertaining to sovereign
immunity.
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
., M.-
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 property 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 28th day of June, 2021.
Attest:
�6-'A06'1 "t'(61toki M W'i Rk
Traci Houchin, MMC, FCRM, City Clerk
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
Ailiam L. Colbert, City Attorney
City Commission
Sanford, 17,1pridA
thq City of
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EXHIBIT "A"
AOR SCANNING
................ --- ....... I ......
.............. ...... - ............
............. .......... ............ I ...... ............
......................................
................
32-19-31-502-0000-0430 1 EMAGA LLC
32-19-31-502-0000-0440 1
LEGAL DESCRIPTION:
Legal Lots 43, 44 & 45, ROSELAND
PARK, according to the plat thereof
as recorded in Plat Book 7,Page 51,
of the public records of Seminole
County, Florida.
Cn
0
w
PROPERTY ADDRESS
1838 ROSEBERRY LANE
ANNEXATION
REQUEST
20
PROPERTY ZONING I ACRES
COUNTY I CITY
R-1 SR -1 I 0.23
0.23
WS RM X
Item No. q •C.
CITY COMMISSION MEMORANDUM 21-145
JUNE 28, 202"1 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Planning Manager -
SUBMITTED BY: Norton N. Bonaparte, Jr., City Mana "
SUBJECT: Annexation of 0.46 acres located at 838 eberry Lane; Owner
EMAGA, LLC
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
F-1 Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request by the property owner, EMAGA, LLC, to voluntarily annex 0.46 acres located at 1838
Roseberry Lane has been received. As managing member and authorized agent, David R. Carts,
has signed the petition for annexation.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject property is currently vacant.
Based on 2020 tax roll, the subject property had a total assessed value of $49,466. The total tax
bill for the subject property in 2020 was $340.41. If annexed, the property would be assessed the
City's millage rate and generate additional taxes.
BACKGROUND:
The above referenced property is located in unincorporated Seminole County on the northwest
comer of Roseberry Lane and 3`d Drive.
Existing Use
Vacant
Proposed Use
Single Family Residential
Parcel Number
32-19-31-502-0000-0430
Parcel Size
0.46 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)
R- I
Equivalent Zoning (City)
SR -1
Proposed Commission District
District 1 — Sheena Britton
The subject property is not located within a sub -area of the 2015 Seminole County/City of Sanford
Joint Planning Agreement.
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.
Water and sewer are available; however, the sewer line may need to be extended. The property
owner shall be responsible for all impact and connection fees associated with any future
connections or 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, EMAGA LLC proposes to develop single family on the property once
annexed. The applicant is seeking to be within the City limits to obtain utility services.
LEGAL RF_viF_w:
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. 4610 on June 14, 2021.
The City Clerk published notice of the 2" d Public Hearing in the Sanford Herald on June 20, 2021.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4610, to annex 0.46
acre bearing the addresses of 1838 Roseberry Lane as legally described into the City of Sanford.
E. M-6-1 W:A 703 ►
"I move to adopt Ordinance No. 4610."
Attachments: Ordinance No. 4610
Exhibit "A"