HomeMy WebLinkAbout4615 Annexation of 0.20 acres 323 Hibiscus DriveOrdinance No. 2021-4615
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 12-20-
30-503-0100-011A, which is generally addressed as 323 Hibiscus
Drive 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 Number by the Seminole County
Property Appraiser:
Tax Identification Parcel # Owners
12-20-30-503-0100-011A Israel Sotolongo and Rita Sotolongo
1124 West Harvard Street
Orlando, Florida, 32804-5247
EM
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 0.20 acre in size (in the
aggregate) and is generally addressed as 323 Hibiscus Drive and is located in
unincorporated Seminole on the south side of Hibiscus Drive between Sanford Avenue
and Palmway Drive; 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
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2021105559 Bk:10010 Page:875-882(813gs)
REC: 08/11/2021 2:25:01 PM by qjones
RECORDING FEES $69.50
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.
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
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 Hibiscus Drive from, and including, the Sanford
Avenue intersection; all rights-of-way of Palmway Drive through the intersection with
Rose Drive; all rights-of-way of Rose Drive; and all rights-of-way of Poinsettia Drive
through the intersection with Sanford 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:
In Section 12, Township 20 South, Range 3 East: The East 70' of Lots 11 and
12, Block 1, FLORA HEIGHTS, according to the plat of the subdivision as
recorded at Plat Book 3, Page 19 of the Public Records of Seminole County,
Florida. (See Exhibit "A" (map). Tax Identification Parcel Number 12-20-30-503-
0100-011
2-20-30-503-
0100-011 A).
, 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 are requesting annexation to obtain water for the
existing single family home. The City has an existing water line in the area. 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 understands that the property owners and the transferees and
assigns of the property owners 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.
(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. 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
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 9th day of August, 2021.
Attest:
-Fraci H Win, MMC, FCRM
it Cl
Cl !,en�p( . ofr�
c
For and reliance of the W
City Commission only.
Approved as to form and legality.
City Attorney
kWdIC- W
*14
City Commis ion of the City of
Sanford,
Mayor
FO `%
PIS
0
ELI
L60
5 1 P a 1', e
❑D 'PG�i[r"�
W S RM
Item No. e7. A
CITY COMMISSION MEMORANDUM 21-169
AUGUST 9, 2021 AGENDA
To: Honorable Mayor and Members of the City C mmi . n
PREPARED BY: Eileen Hinson, AICD — Planning Manager
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager/
SUBJECT: Annexation of 0.20 acres located at 323 Hibi us Avenue; Owner Israel
and Rita Sotolongo
STRATEGIC PRIORITIES:
F-1 Unify Downtown & the Waterfront
M Promote the City's Distinct Culture
M Update Regulatory Framework
F Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request by the property owners, Israel and Rita Sotolongo, to voluntarily annex 0.20 acres
located at 323 Hibiscus Avenue has been received.
FISCAL/STAFFING STATEMENT:
According to the Seminole County Property Appraiser's records, the subject property has one
single-family residential structure, constructed in 1959. Based on 2020 tax roll, the subject
property has an assessed value of $39, 851. The total tax bill for the subject property in 2020 was
$691.08. If annexed, the property would be assessed the City's millage rate and generate additional
taxes based on the existing improvements. It is the owner's intent to continue the single-family use
upon annexation.
BACKGROUND:
The above referenced property is located in unincorporated Seminole County on the south side of
Hibiscus Drive between Sanford Avenue and Palmway Drive. The property consists of a single
parcel, approximately 122 feet by 70 feet, made up of the east 70 feet of Lots 11 and 12 in Flora
Heights.
Existing Use
Single Family Residential
Proposed Use
Single Family Residential
Parcel Number
12-20-30-503-0100-011A
Parcel Size
0.20 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-1, Single Family Residential
Proposed
Zoning (Cit)SR-I,
Sin
le Family Residential
Proposed
Commission District (Cit)
I District 3
— Patrick Austin
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.
The City has an existing water line in the area. 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 available.
The property owners, Israel and Rita Sotolongo are requesting annexation to obtain water for the
existing single family home.
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. 4615 on July 12, 2021.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on August 1, 2021.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4615 to annex 0.20
acre located at 323 Hibiscus Drive as legally described into the City of Sanford.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4615."
Attachments: Ordinance No. 461
Exhibit `'A"