HomeMy WebLinkAbout4694 Annexation of 0.09 acres - 2226 Southwest RoadOrdinance No. 2022-4694
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 34-19-
30-511-OA00-0050) which is generally addressed as 2226 Southwest
Road 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 is the fee simple title owner of the real property being
assigned the following Tax Identification Parcel Numbers by the Seminole County
Property Appraiser:
Tax Identification Parcel Numbers Owner
34-19-30-511-OA00-0050
; and
Ronnie De Bose Jr.
Whereas, the subject real property [a site containing 0.09 acre (4,000 sq. ft.)] is
located at project address 2226 Southwest Road in unincorporated Seminole County on
the west side of Southwest Road approximately 150 feet north of its intersection with
Bungalow Boulevard; 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
1 � '
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2022070640 Bk:10260 Pg:947-954(8Pgs)
REC: 06/16/2022 10:47:02 AM by mjenkins
RECORDING FEES $69.50
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.
and
Whereas, the map and the legal descriptions 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
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 Number set forth above and below,
together with all rights -of -way of Southwest Road, and Bungalow Boulevard, all to the
extent such right-of-way is not currently located within the City Limits of the City, said
property being situated in unincorporated Seminole County, Florida:
Tax identification Parcel Number 34-19-30-511-OA00-0050. (See Exhibit
"A" (map), and more specifically described as:
Lot 5, Block A, BUNGALOW CITY, according to the plat thereof as
recorded in Plat Book 7, Page 82, of the public records of Seminole
County, Florida.
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). Upon annexation of the subject real property, it is the property owner's
intent to construct a single-family residence. If annexed, the construction of a single-
family residence will have minimal impact on public facilities and services.
(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 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
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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 Seminole County 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. Also, in accordance with the provisions of Section 171.091,
Florida Statutes, a copy of the document submitted to the Florida Department of State
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.
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 13th day of June, 2022.
Attest: City Commission of the City of
Sanford, Florida /,,
Traci Houchin, MMC, FCRM ow-r o
City Clerk Ma ' r
For use and reliance of the San r
City Commission only.
Approved as to form and legality.
z—
William L. Colbert
City Attorney
51PagI
EXHIBIT "A"
S��,FORp
FLORIDA
CITY COMMISSION MEMORANDUM 22-149
JUNE 13, 2022 AGENDA
W S RM
Item No. 1.4
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City
SUBJECT: Annexation of 0.09 acres located at projecl
Owner: Ronnie De Bose Jr.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
;t Road;
A request by the property owner, Ronnie De Bose Jr, to voluntarily annex a 0.09 acre(s) real
property located at project address 2226 Southwest Road ("Subject Property") has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the Subject Property is a vacant residential parcel
of real property with the assessed tax value and total tax bill for 2021 as shown below:
Parcel Number
Assessed Value
(2021)
Tax Bill
(2021)
Property Status
34-19-30-511-OAOO-0050
$7,577
$123
Vacant Residential
Upon annexation, it is the applicant's intent to construct a single-family residence on the subject
property upon issuance of the necessary permits. If annexed, the construction of a single-family
residence will have minimal impact on public facilities and services.
No additional staffing is anticipated if the request is approved.
BACKGROUND:
The above referenced subject property is located in unincorporated Seminole County on the west
side of Southwest Road approximately 150 feet north of its intersection with Bungalow Boulevard.
Existing Use
Vacant Residential
Proposed Use
Single Family Residence
Parcel Number
34-19-30-511-OA00-0050
Parcel Size
0.09 Acres, 4,000 Square Feet
Existing Future Land Use Designation (County)
COM, Commercial
Proposed Future Land Use Designation (City)
GC -General Commercial
Existing Zoning (County)
C-1, Retail Commercial
Equivalent Zoning (City)
GC-2, General Commercial
Proposed Zoning (City)
GC-2, General Commercial
Upon annexation, the subject property will be located in City Commission District 2.
Staff has reviewed the request for annexation and found the request meets 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.
Utilities:
The City has an existing eight (8) inch water main located in front of the subject property on the
west side of Southwest Road. Sewer and reclaim water service is not available to this area on
Southwest Road. Payment of all impact and connection fees associated with obtaining utility
services from the City shall be the property owner's responsibility.
The property owner, Ronnie De Bose Jr, is requesting annexation into the City to obtain water
service from the City for a proposed single-family residence to be constructed on the subject
property.
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 annexing the subject
property into the City.
The City Commission approved the first reading of Ordinance No. 4694 on May 23, 2022.
The City Clerk published notice of the 2rid Public Hearing in the Sanford Herald on May 29, 2022.
RECOMMENDATION:
It is staff s recommendation that the City Commission adopt Ordinance No. 4694.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4694."
Attachments: Ordinance No. 4694
Exhibit "A"