HomeMy WebLinkAbout4763 Annexation of 0.65 Acres - 3453 Mellonville AvenueOrdinance No. 2023-4763
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel 07-20-31-515-
0000-0010 which is generally addressed as 3453 Mellonville Avenue
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 Owners
07-20-31-515-0000-0010 Renald Bonnaire and Liliane Bonnaire
and
Whereas, the subject real property (a site 0.65 acre in size) is addressed as
3453 Mellonville Avenue and is located on the east side of Mellonville Avenue
approximately 1,480 feet north of East Lake Mary Boulevard; and
Whereas, the subject real property located within Sub -Area 6 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,
GRANT MALOY, SEMINOLE COUNTY 1 "
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2024007189 Bk:10569 Pg:1943-1950�8Pgs)
REC: 01/24/2024 2:36:45 PM byjeckenrot
RECORDING FEES $69.50
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.
; 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:
2�!'
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 07-20-31-515-0000-0010 (See Exhibit "A" (map))
and described as:
In Section 07, Township 20 South, Range 31 East, Seminole County, Lot
1, ENCLAVE AT SILVER LAKE, according to the plat thereof as recorded
in Plat Book 80, Pages 58 and 59, of the Public Records of Seminole
County, Florida.
together with all right-of-ways of Mellonville Avenue north of East Lake Mary Boulevard
to Onora Street, 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 to
obtain utility services in order to develop the property for a single-family residence. Only
City water is available on Mellonville Avenue. The City is only able to set a meter in the
road right-of-way and the property owners are responsible for routing the water line to
any and all structures located on the property. Sewer services are not available and a
septic system permitting through Seminole County (the Health Department) will be
required. The property owners 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 of the
annexed property fully understand 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. In the event that full services become available
in the future, the property owners shall be responsible for the costs of connection.
(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 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
4 1 P a a e
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 22"d day of January, 2024.
Attest:
600 6 1 WOLOIL01, A W. rK k
Traci Houchin, MMC, FCRM
City Clerk
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
r t>Wiam L. Colbert, Cify`l rp�_
,� "j�'c' 0ey
- tto(ffyy��
City Co ission of of
Sanford, I rid
ArtWMdr6ff�
Mayor
51 Page
EXHIBIT "A"
ANNEXATION
7777
REQUEST
.............................
......................
•ems"'" Silver Lake
LEGAL DESCRIPTION:
Legal Lot 1, ENCLAVE AT SILVER LAKE,
according to the plat thereof as recorded in
Plat Book 80, Pages 58 & 59, of the public
records of Seminole County, Florida.
Lake
Onoro
G -e.
.....
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PROPERTY I.D.# I PROPERTY OWNER
07-20-31-515-0000-00101 RENALD BONNAIRE
PROPERTY ADDRESS
3453 MELLONVILLE AVE
PROPERTY ZONING I ACRES
COUNTY I CITY
R1 -AA I SR-1AA 1 0.65
� APP' ED
4 i ,
j A
�� t� • ,
WS RM X
Item No. 7• A,
CITY COMMISSION MEMORANDUM 24,022
JANUARY 22, 2024 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Darren Ebersole, Planner for Planning & Devejopment Services
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA�— W Q:
SUBJECT: Annexation of 0.65 acres //' ted at 3453
Renald and Liliane Bonnaire
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
ille Avenue; Owners:
A request by the property owners, Renald and Liliane Bonnaire to voluntarily annex 0.65 acres
located at 3453 Mellonville Avenue has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject property is vacant with no structures.
Based on the 2023 property tax roll, the subject property has an assessed value of $92,378. The
total tax bill for the subject property in 2023 was $1,233. If annexed, the property would be
assessed the City's millage rate and generate additional ad valorem taxes.
Upon annexation, it is the applicant's intent to construct a single-family structure.
No additional staffing is anticipated if the annexation is approved.
BACKGROUND:
The above referenced property is located in unincorporated Seminole County on the east side of
Mellonville Avenue approximately 1,480 north of East Lake Mary Boulevard.
Existing Use
Vacant Residential
Proposed Use
Single Family Residential
Parcel Number
07-20-31-515-0000-0010
Parcel Size
0.65 Acres
Existing Future Land Use Designation Count
LDR- Low Density Residential
Proposed Future Land Use Designation (City)
LDR-SF, Low Density Residential Single
Family
Existin Zoning
Count:JR
-IAA, Sin le Family
Residential
Proposed Zoning
Cit
SRAAA, Single Family
Residential
Upon annexation, the property will be in City Commission District 1.
The subject properties are located within sub -area 6 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 water only on Mellonville Avenue. The City can only set the meter in the road Right -
of -Way and the property owner is responsible for routing the water line to the structure. Sewer is
not available and a septic system through Seminole County will be required. 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, Renald and Liliane Bonnaire, are requesting annexation to obtain utility
services to develop the property for a single-family residence.
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. 4763, on January 8, 2024.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on January 14,
2024.
RECOMMENDATION:
It is the staff's recommendation that the City Commission adopt Ordinance No. 4763.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4763."
Attachments: Ordinance No. 4763
Exhibit "A"
FLORIDA DEPARTMENT Of STATE
RON DESANTIS
Governor
February 9, 2024
Traci Houchin, City Clerk
City of Sanford
P.O. Box 1788
Sanford, FL 32772-1788
Dear Traci Houchin,
CORD BYRD
Secretary of State
This will acknowledge receipt of your copy of Ordinance No. 2023-4763, which was adopted by the City of
Sanford on January 22, 2024, and filed with the Florida Department of State on January 30, 2024.
If you have any questions or need further assistance, please contact me at (850)245-6271 or
Matthew.Hargreaves@DOS.MyFlorida.com.
Sincerely,
Ma he g�es
Administrative Code and Register Director
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270