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HomeMy WebLinkAbout4780 Annexation 0.71 Acres - 1695 Alexander AvenueOrdinance No. 2024-4780 Whereas, the following are 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 35-19-30-516-0000-OOAO; Habitat for Humanity of Seminole County 35-19-30-516-0000-OOA6; & Greater Apopka FL INC 35-19-30-516-0000-OOA2 and Whereas, the subject real property (a site 0.71 acres acre or 4) is addressed as 1695 Alexander Avenue and is located northeast corner of the intersection of West 18th Street and Alexander 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, GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2024054571 Bk:10647 Pg:373-383(11Pgs) REC: 06/18/2024 11:04:19 AM by cjones RECORDING FEES $95.00 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Number(s) 35- 19-30-516-0000-OOAO, 35-19-30-516-0000-OOA6, 35-19-30-516-0000- 0OA2) which is generally addressed as 1695 Alexander Avenue contiguous to the City of Sanford in accordance with the XU)located 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 00 00 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 n; Administrative Office of Seminole County and with the Department of w 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 owners of the real property being assigned the following Tax Identification Parcel Number by the Seminole County Property Appraiser: Tax Identification Parcel Number Owners 35-19-30-516-0000-OOAO; Habitat for Humanity of Seminole County 35-19-30-516-0000-OOA6; & Greater Apopka FL INC 35-19-30-516-0000-OOA2 and Whereas, the subject real property (a site 0.71 acres acre or 4) is addressed as 1695 Alexander Avenue and is located northeast corner of the intersection of West 18th Street and Alexander 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, GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2024054571 Bk:10647 Pg:373-383(11Pgs) REC: 06/18/2024 11:04:19 AM by cjones RECORDING FEES $95.00 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. ; 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 Number(s) 35-19-30-516-0000-OOAO, 35-19-30- 516-0000-OOA2, & 35-19-30-516-0000-OOA6 (See Exhibit "A" (map)) and described as: PARCEL #1: THE NORTH 154.08 FEET OF THE SOUTH 304.08 FEET OF THE WEST 107.50 FEET OF LOT A, WEST SANFORD REALTY CO. SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 96, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 77.04 FEET THEREOF. PARCEL #2: THE SOUTH 77.04 FEET OF THE NORTH 154.08 FEET OF THE SOUTH 304.08 FEET OF THE WEST 107.50 FEET OF LOT A, WEST SANFORD REALTY CO. SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 96, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. PARCEL #3: SOUTH 150 FEET OF WEST 107.5 FEET OF LOT A, OF WEST SANFORD REALTY CO. SUBDIVISION AS DESCRIBED IN PLAT BOOK 5. PAGE 96, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. together with all rights-of-way of Alexander Avenue north of West 18th Street and the north of West 18th Street, 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 obtain City water services. City water services are available to the property. City reclaimed water services are unavailable for this property. Water is available via a 4 -inch, High Density Polyethylene (HDPE) water main. Sanitary Sewer and Reclaim is not available. 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. 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 4 1 P a a e 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. 5�' Passed and adopted this 10th day of June, 2024. City Commission of the City of Sanford, Florida , Traci Houchin, MMC, FCRNj ' A c City Clerk v ;Mayor For use and reliance of the Safford City Commission only. Approved as to form and legality. .11 m''L. Colbert, CityAttorney 6�' • v� Fsr. �a+a FLORIDA Business Impact Estimate This form should be included in agenda packet for the item under which the proposed ordinance is to be considered, and must be posted on the City's website by the time notice of the proposed ordinance is published. Annexation of real property located at project address 1695 Alexander Avenue has been received. The applicants intent is to establish several single-family residences. The City is of the view that the following exception(s) to the Business Impact Estimate requirement, that are checked off in a box below, apply to the above -referenced proposed ordinance. Although, the City is implementing the procedure required by statutory law to ensure that no inadvertent procedural issue could impact the enactment of the proposed ordinance. ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other financial assistance accepted by the ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or 0 The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 11 Page In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted above may apply, the City hereby publishes the following information.- 1. nformation: 1. Summary of the proposed ordinance (must include statement of the public purpose, such as serving the public health, safety, morals, and welfare): The proposed ordinance is intended to incorporate the subject property into the City of Sanford in order to obtain utilities. It is the applicant's intent to eventually establish several single-family residences. The proposed use, if established would provide affordable housing for the City's growing population. 2. Estimate of direct economic impact of the proposed ordinance on private, for-profit businesses in the City: When annexed into the City, the property will be assed the City of Sanford Millage rate and will result in additional Revenue to the City. 3. Estimate of direct compliance costs that businesses may reasonably incur: The applicant will be responsible for all permitting and impact fees. 4. Any new charge or fee imposed by the proposed ordinance: When annexed into the City, the property will be assed the City of Sanford Millage rate in addition to the County Taxes. 5. Estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs: Unknown 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: It is anticipated that the new residences will create more demand for goods and services but it is unknown to what extent. 7. Additional information Not applicable. 2 � ' EXHIBIT "A" ........................................................................................................................................ . ............................................................................................................................................................................ .......................................... .. .. ................................................ .. .. PARCEL 1 LEGAL DESCRIPTION: PARCEL 2 LEGAL DESCRIPTION: PT of Lot A Desc. as Begin NW cor S 150 Ft of W 107.5 Ft of Lot A Run S 77.04 Ft, E 107.5 Ft N 77.04 SMITHS 3RD SUBDIVISION, Ft W to Beginning WEST SANFORD according to the plat thereof as REALTY CO SUBDIVISION, According :: recorded in Plat Book 1, Page 86,77 to the plat thereof as recorded in Plat of the public records of Seminole Book 5, Page 96, of the public County, Florida. records of Seminole County, Florida. ................................................................................ PARCEL 3 LEGAL DESCRIPTION: S PT of Lot A DESC AS Begin NW cor :: Run S 77.04 Ft, E 107.5 Ft, N 77.04 :: Ft W To Beginning WEST SANFORD .........................................................................................................................................................................................................................................REALTY CO SUBDIVISION, N Accordin g to the plat thereof as recorded in Plat.............. 'I .. Book PB 5 PG 96, of the public records of Seminole County, Florida. .. . .......................:.....:....:..........::.:...:....::::::::::::::::::::::::::::::::::::::::::.:::':. '::..::... ............................................................................................................ ........... . 1 1717777 r 77� � .................................................................................................................................................................... .............................................................................................................................................. ............ ...................................................................................................................................................................... ....................................................................................................................................................................... }�::: :............::::::::::::::::::::::::::::::::::::::::::::::::::........................................-::::::::::::::::: .............................................................................................. .. ............ ?C? ANNEXATION ............................................................................................ REQUEST 11 1:11 LVD a PROPERTY I.D.# a 1 135-19-30-516-0000-OOAO 2 135-19-30-516-0000-OOA2 3 135-19-30-516-0000-OOA6 PROPERTY OWNER HABITAT FOR HUMANITY OF SEMINOLE COUNTY AND GREATER APOPKA FLORIDA INC PROPERTY ADDRESS ZONINGI ACRES COUNTY CITY VACANT ALEXANDER AV I R-1 SR -1 0.19 VACANT ALEXANDER AV I R-1 I SR -1 1 0.37 VACANT ALEXANDER AV I R-1 I SR -1 1 0.19 OF SkNFORD FLORIDA CITY COMMISSION MEMORANDUM 24.143 .JUNE 10, 2024 AGENDA TO: Honorable Mayor and Members of the City PREPARED BY: Darren Ebersole - Planner WS RM _X_ Item No.1 C -- SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA- LCity anager SUBJECT: Annexation of 0.71 Acres at pr sect addr s 1695 Alexander Avenue; Owner; Habitat for Humanity of Inc. STRATEGIC PRIORITIES: / ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: County & Greater Apopka FL A request by the property owner, Habitat for Humanity of Seminole County & Greater Apopka FL Inc., to voluntarily annex 0.71 acres located at project address 1695 Alexander Avenue has been received. F'ISCALISTAFFING STATEMENT: According to the Property Appraiser's records, the properties are vacant with an assessed tax value and total tax bill for 2024 shown below: Parcel Number Assessed Value (2024) Tax Bill (2024) Property Status 35-19-30-516-0000-OOAO $45,815 $609 Vacant Residential 35-19-30-516-0000-OOA6 $45,815 $609 Vacant Residential 35-19-30-516-0000-OOA2 $77,868 $665 Vacant Residential Upon annexation, it is the applicant's intent to develop the site into several single-family lots for Habitat for Humanity with no commercial activity. When annexed, the proposed use will have an impact on public facilities and services. The business impact statement required by Section 166.041(4)(a), Florida Statutes, is attached. No additional staffing is anticipated if the annexation is approved. BACKGROUND: The three parcels, totaling 0.71 -acres, are located at the northeast corner of the intersection of West 18"' Street and Alexander Avenue. Existing Use Vacant Residential Proposed Use Single -Family Parcel Number(s) 35-19-30-516-0000-OOAO 3 5 -19-3 0-516-0000-OOA6 3 5 -19-3 0-516-0000-OOA2 Parcel Size(s) 0.71 Acres Existing Future Land Use Designation (County) LDR, Low Density Residential Proposed Future Land Use Designation (City) LDRSF, Low Density Residential Single - Family Existing Zoning (County) R-1, Single -Family Dwelling Equivalent Zoning (City) SR -1, Single -Family Dwelling Residential Upon annexation, the property will be in City Commission District 2. 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. City water is located on the west side of Alexander Avenue. Water is available via a four -inch, High Density Polyethylene (HDPE) water main. Sanitary Sewer and Reclaim is not available. 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. 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. 2024-4780 on May 13, 2024. The City Clerk published notice of the 2" d Public Hearing in the Sanford Herald on June 9, 2024. RECOMMENDATION: City staff recommendations that the City Commission adopt Ordinance No. 2024-4780. SUGGESTED MOTION: "I move to adopt Ordinance No. 2024-4780." Attachments: (1). Ordinance No. 2024-4780 (2). Exhibit "A" (3). Business Impact Statement.