HomeMy WebLinkAbout4739 Annexation 0.38 Acres - 106 West Jinkins CircleOrdinance No. 2023-4739
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 12-20-
30-300-0040-0000) which is generally addressed as 106 West Jinkins
Circle located contiguous to the City of Sanford 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 Owners of the real property
being assigned the following Tax Identification Parcel Number by the Seminole County
Property Appraiser:
Tax Identification Parcel Number
12-20-30-300-0040-0000
and
T
Richard A. Salmon and
Susan B. Salmon
Whereas, the subject real property (a site 0.38 acre in size) is addressed as
106 West Jinkins Circle and is located approximately 315 feet west of the intersection of
West Jinkins Circle with South Park Avenue; 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
GRANT MALOY, SEMINOLE COUNTY 11 P a g e
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2023063640 Bk:10471 Pg:1018-1025(8Pgs)
REC: 07/12/2023 11:00:21 AM by cjones
RECORDING FEES $69.50
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,
said property being situated in Seminole County, Florida:
Tax Parcel Identification Number 12-20-30-300-0040-0000 (See Exhibit
"A" (map)) and described as:
Lot 1, SOUTH PINECREST 4TH ADDITION, according to the plat thereof,
as recorded in Plat Book 12, Page 42, 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 owners'
intent to intent to construct a single-family residence and connect to the City's water
facilities the subject parcel currently being undeveloped. Water service is available to by
means of an existing water main (4 inches) located on the east side of Jinkins Circle.
Sewer service is not available at this time as it is more than 75 feet away from the
subject property. 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, extending, connecting, sizing 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 as well as the
requirements of controlling State law. The property owners shall be responsible for any
and all costs and expenses relating to the routing any and all lines to the subject
property and for providing any necessary facilities and equipment including, but not
limited to, the granting of utility easements to the City as may be determined to be
necessary by the City.
(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
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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 enactment 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. 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
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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 July, 2023.
Attest: City Commission of the City of
Sanford, 51oxidb, ,
J 11 �•� �l�' ��0��
Traci Houchin, MMC, FCRM o oodruff
City Clerk ►' ti v ubvor
For use and reliance of the Snfdrd
City Commission only.
Approv d as to form and legality.` .:.
William L. Colbert, City Attorney
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PROPERTY I.D.#
EXHIBIT "A"
fiiNi BiB• •R9E ���������
Legal•t 1,SOUTH PINECRESTI
4TH ADD, according to the plat
thereof as recorded in Plat Book 12,
Page 43, of the public records of
Seminole County,
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mission 11016"a ��Mn
N we w
PROPERTY OWNER
12-20-30-300-0040-0000 1 RICHARD A. &
SUSAN B. SALMON
PROPERTY ADDRESS
106 W. JINKINS CIR
PROPERTY ZONING ACRES
COUNTY CITY
A-1 AG 0.38
SAt.FOQp
A
4 �
T. vol .
CITY COMMISSION MEMORANDUM 23-121
.JULY 10, 2023 AGENDA
WS RM X
Item No. rf , &
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 Manager
SUBJECT: Annexation of 0.38 acres or (16,500 Square Foot) parcel located at project
address 106 West Jinkins Circle; Owner(s): Richard and Susan Salmon.
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, Richard and Susan Salmon, to voluntarily annex a 0.38 acre/s
parcel of unimproved real property located at project address 106 West Jinkins Circle 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 2022 as shown below:
Parcel Number Assessed Value
(2022)
Tax Bill
(2022)
Property Status
35-19-30-517-1300-0140 $5,723
$76
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 Jinkins Circle, approximately 315 feet west of its intersection with South Park Avenue.
Existing Use
Vacant Residential
Proposed Use
Single Family Residence
Parcel Number
12-20-30-300-0040-0000
Parcel Size
0.38 Acres, 16,500 Square Feet
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)
A-1, Agriculture
Equivalent Zoning (City)
AG, Agriculture
Proposed Zoning (City)
AG, Agriculture
Upon annexation, the Subject Property will be located in City Commission District 3.
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:
Water is available to the property via an existing four (4) inch water main located on the east side
of Jinkins Circle. Sewer is not available at this time as it is more than 75 feet away from the subject
property. There are no reclaim water lines in the area. Payment of all impact and connection fees
associated with obtaining utility services from the City shall be the property owner's responsibility.
The property owners, Richard and Susan Salmon, are 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. 4739 on June 26, 2023.
The City Clerk published the notice of the 2"d Public Hearing in the Sanford Herald on July 9.
2023.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4739.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4739."
Attachments: Ordinance No. 4739
Exhibit "A"